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December 2010 Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of this agreement.

Australian Fair Work Act 2009

Aboriginal & Islander Independent Community School Inc. (The Murri School) ABN 38 793 064 020

SINGLE ENTERPRISE AGREEMENT 2010 -2014

SEA-BALLOT DOCUMENT

PART 1 – AGREEMENT ADMINISTRATION ........................................................................................................................................ 4 1.

THE PARTIES ......................................................................................................................................................................... 4

OBJECTIVES OF THIS AGREEMENT ........................................................................................................................................ 4

OPERATION OF THIS AGREEMENT ........................................................................................................................................ 5

RECOGNITION OF PRIOR EMPLOYMENT PRIOR TO THIS AGREEMENT ................................................................................. 5

AWARDS AND/OR AGREEMENTS DISPLACED ....................................................................................................................... 5

DEFINITIONS ......................................................................................................................................................................... 5

NATIONAL EMPLOYMENT STANDARDS ................................................................................................................................ 7

PART 2 – EMPLOYMENT RELATIONSHIP........................................................................................................................................... 7 8.

WORKING WITH CHILDREN .................................................................................................................................................. 7

ENGAGEMENT ...................................................................................................................................................................... 8

10.

EMPLOYEE APPRAISAL SYSTEM ............................................................................................................................................ 8

11.

PROBATION/QUALIFYING PERIOD ........................................................................................................................................ 9

12.

CERTIFICATES, LICENCES AND OTHER QUALIFICATIONS ....................................................................................................... 9

13.

MEDICAL EXAMINATIONS................................................................................................................................................... 10

14.

CONFIDENTIAL INFORMATION ........................................................................................................................................... 10

15.

TERMINATION .................................................................................................................................................................... 11

16.

UNSATISFACTORY WORK PERFORMANCE, SUSPENSION .................................................................................................... 12

18.

GENERAL MISCONDUCT ..................................................................................................................................................... 13

19.

ABANDONMENT OF WORK................................................................................................................................................. 15

20.

ALTERNATIVE EMPLOYMENT.............................................................................................................................................. 15

21.

REDEPLOYMENT ................................................................................................................................................................. 16

PART 3 – WAGE MATTERS AND WORK ARRANGEMENTS .............................................................................................................. 16 22.

MINIMUM RATES OF PAY AND ALLOWANCES .................................................................................................................... 16

23.

WAGE REVIEWS .................................................................................................................................................................. 17

25.

SUPERANNUATION ............................................................................................................................................................. 17

26.

REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS ....................................................................................................... 18

27.

STAND DOWN..................................................................................................................................................................... 19

PART 4 – LEAVE ARRANGEMENTS .................................................................................................................................................. 19 28.

ANNUAL LEAVE ................................................................................................................................................................... 19

29.

CASHING OUT ANNUAL LEAVE ........................................................................................................................................... 20

30.

ANNUAL LEAVE LOADING ................................................................................................................................................... 20

31.

PUBLIC HOLIDAYS ............................................................................................................................................................... 21

32.

PERSONAL/CARERS LEAVE .................................................................................................................................................. 21

33.

PROTOCOLS COVERING PERSONAL/CARER’S LEAVE ........................................................................................................... 22

34.

UNPAID CARER’S LEAVE...................................................................................................................................................... 23

35.

COMPASSIONATE LEAVE .................................................................................................................................................... 23

36.

PARENTAL LEAVE ................................................................................................................................................................ 24

37.

CULTURAL LEAVE ................................................................................................................................................................ 24

38.

LONG SERVICE LEAVE ......................................................................................................................................................... 25

39.

ELIGIBLE COMMUNITY SERVICE ACTIVITY .......................................................................................................................... 26

PART 5 – OCCUPATIONAL HEALTH AND SAFETY ............................................................................................................................ 26 40.

OCCUPATIONAL HEALTH AND SAFETY ................................................................................................................................ 26

41.

DRUG AND ALCOHOL CODE ................................................................................................................................................ 27

42.

SMOKING IN THE WORKPLACE ........................................................................................................................................... 28

PART 6 - TRAINING AND DEVELOPMENT ....................................................................................................................................... 28

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

43.

CROSS TRAINING AND SKILLS DEVELOPMENT .................................................................................................................... 28

44.

EMPLOYER DIRECTED TRAINING......................................................................................................................................... 29

PART 7 - CONSULTATION AND FACILITATION ................................................................................................................................ 29 45.

AGREEMENT FLEXIBILITY .................................................................................................................................................... 29

46.

CONSULTATION .................................................................................................................................................................. 30

47.

REDUNDANCY ..................................................................................................................................................................... 31

48.

DISPUTE SETTLEMENT PROCEDURE.................................................................................................................................... 32

PART 8 – POLICY INFORMATION .................................................................................................................................................... 34 49.

ANTI-DISCRIMINATION ....................................................................................................................................................... 34

50.

ELECTRONIC MONITORING POLICY .................................................................................................................................... 34

51.

SECURITY ............................................................................................................................................................................ 35

52.

SOCIAL NETWORKING MEDIA ............................................................................................................................................. 35

53.

RETURN OF PROPERTY ....................................................................................................................................................... 35

PART 9 – SIGNATORIES .................................................................................................................................................................. 37 SCHEDULE 1- EDUCATORS SPECIFIC TERMS ................................................................................................................................... 38 1.

REMUNERATION................................................................................................................................................................. 38

LEVEL PROGRESSION AND DEFINITIONS ............................................................................................................................. 39

ACCELERATED LEVEL PROGRESSION ................................................................................................................................... 41

SENIOR TEACHER ................................................................................................................................................................ 41

STATEMENT OF SERVICE..................................................................................................................................................... 41

CLASS SIZES......................................................................................................................................................................... 42

CURRICULUM DEVELOPMENT ............................................................................................................................................ 42

SPECIAL EVENTS ................................................................................................................................................................. 42

HOURS OF DUTY ................................................................................................................................................................. 42

15. PRO RATA PAYMENT OF SALARY INCLUSIVE OF ANNUAL LEAVE ............................................................................................. 45 SCHEDULE 2 TUTOR RATES ............................................................................................................................................................ 47 1.

REMUNERATION................................................................................................................................................................. 48

LEVEL DESCRIPTION ............................................................................................................................................................ 49

RECOGNITION OF PREVIOUS SERVICE FOR SALARY LEVEL DETERMINATION ..................................................................... 55

JUNIOR EMPLOYEES ........................................................................................................................................................... 55

BREAKS BETWEEN PERIODS OF DUTY ................................................................................................................................. 56

BREAKS ............................................................................................................................................................................... 56

SHIFTWORK ........................................................................................................................................................................ 56

10.

ORDINARY TIME LOADINGS ................................................................................................................................................ 57

11.

OVERTIME .......................................................................................................................................................................... 58

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

PART 1 – AGREEMENT ADMINISTRATION 1.

THE PARTIES Aboriginal & Islander Independent Community School INC. (The Murri School) (ABN 38 793 064 020) 1277 Beaudesert Road, Acacia Ridge QLD 4110 Nominee: Ms Philomena Downey (Principal)

(The Employer)

AND

Those employees engaged in the classifications contained herein as at the date of approval of this agreement and all eligible employees employed after that date

(The Employees)

AND

Independent Education Union of Australia - Queensland and Northern Territory Branch (ABN 74 662 601 045)

(The Union)

OBJECTIVES OF THIS AGREEMENT

2.1

The parties acknowledge that the Aboriginal & Islander Independent Community School Inc is an institution whose prime purpose is to promote holistic learning and exists for the educational benefit of students.

2.2

This Agreement provides a framework for the parties to work cohesively in providing and promoting an advantageous learning environment.

2.3

The specific objectives of the parties, is to utilise this Agreement to foster a culture that seeks to: (i)

Encourage the parties to jointly work to establish and maintain a commitment to achieve best practice in the operation of the school and its educational commitments;

(ii)

Encourage employees to be innovative and flexible in their approach to their job roles consistent with the policies and procedures of the Employer applying from time to time;

(iii)

Maintain a work ethic wherein responsibility is accepted by the individual and the team;

(iv)

Maintain a safe and healthy workplace for the parties and students.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

OPERATION OF THIS AGREEMENT This agreement will operate seven days from the date of approval by Fair Work Australia and nominally expire on the 30th December 2014.

RECOGNITION OF PRIOR EMPLOYMENT PRIOR TO THIS AGREEMENT If an employee was employed by the employer as at the date of signing this agreement, then all of his/her service with the employer shall be recognised for all purposes. All entitlements shall accrue up until the date of the signing of this agreement in accordance with previous employment practices and all other entitlements shall accrue henceforth as set out herein.

AWARDS AND/OR AGREEMENTS DISPLACED

5.1

This agreement shall form the complete agreement covering all terms and conditions of employment. This agreement operates to the exclusion of any and all other awards, agreements or verbal understandings actual or inferred.

5.2

This Agreement specifically operates to the exclusion of: (i)

Educational Services (Schools) General Staff Award 2010 [MA 000076];

(ii)

Educational Services (Teachers) Award 2010 [MA 000077];

(iii)

The Murri School Certified Agreement 2001 (CA 599 of 2001);

DEFINITIONS Act means the Fair Work Act (Cth) 2009. Agreement means: This Single Enterprise Agreement. Casual Employee means: any person employed on an ad hoc, or irregular, basis by the employer for any period other than as an eligible casual, permanent full time or part time employee. Child - a child of a person is: (i)

A biological child of the person; or

(ii)

An adopted child or step-child of the person; or

(iii)

If, at any time, the person was in a relationship as a couple with another person (whether the persons are the same sex or different sexes)—a child who is a product of the person’s relationship with that other person.

(iv)

It does not matter whether the child is an adult.

(v)

For the purpose of paragraph (iii), a child cannot be the product of a relationship

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

between two persons (whether the persons are the same sex or different sexes) for the purposes of this Part unless the child is the biological child of at least one of the persons or is born to a woman in the relationship. If, one person is a child of another person, other relationships are also to be determined on the basis that the child is a child of the other person. Confidential information refers to: any information (written or oral) which is not publicly available, including details on all transactions, records, customer details, financial information, remuneration details, security arrangements and any other information pertaining to the operations of the employer. Eligible Casual means: a casual employee that is engaged on a regular and systematic basis for a period of 12 months or more and has a reasonable expectation of ongoing employment. Eligible community service activity means jury service (including attendance for the purpose of jury selection) that is required by or under a law of the Commonwealth or of a State or Territory; or carrying out a voluntary emergency management activity; or an activity prescribed in regulations to the Fair Work Act. Fixed Term Employee means any person employed under this Agreement who has been advised in writing at the commencement of their employment, that the term of their employment shall end on a specified date, or has been employed for the sole purpose of being engaged in specified project, and where they have been advised in writing, that their employment shall end when the specific project they are employed upon, is completed. Full time employee means an employee engaged on a continuous basis to work not less than 38 ordinary hours per week. FWA means: Fair Work Australia. Gross misconduct is agreed between the parties to mean proven misbehaviour (based upon an assessment by the employer on the balance of probabilities, after a reasonable investigation and the application of the rules of natural justice) and includes, but is not limited to: (i)

Wilful or deliberate behaviour by the employee that is inconsistent with the continuation of the contract of employment, including a breach of the confidentially clause of this agreement;

(ii)

Conduct that causes, or may cause an imminent and serious risk to the health or safety of a person or the reputation, viability or profitability of the employer’s business;

(iii)

Theft; fraud; and or assault; unseemly and or offensive behaviour;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(iv)

The employee being intoxicated at work, or under the influence of drugs;

(v)

The employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment;

(vi)

A breach of the policies on data management and control (confidentiality); the electronic policy (especially the unlawful or improper accessing/ use of pornographic or other offensive materials).

Ordinary rate of pay of an employee is the rate of pay payable to the employee for ordinary hours of work, but not including any of the following: (i)

Incentive-based payments and bonuses;

(ii)

Loadings, other than the annual leave loading;

(iii)

Monetary allowances;

(iv)

Overtime or penalty rates;

(v)

Any other separately identifiable amounts.

Part Time Employee means an employee engaged on a continuous basis to work less than 38 ordinary hours per week.

NATIONAL EMPLOYMENT STANDARDS

7.1

The National Employment Standards (NES) are included in this Agreement. The application and interpretation of those Standards shall be as determined as set out in the Act and its regulations from time to time.

7.2

Any dispute over the application of the NES shall be dealt with in accordance with Clause 48 of this Agreement.

PART 2 – EMPLOYMENT RELATIONSHIP 8.

WORKING WITH CHILDREN

8.1

The parties acknowledge and state their commitment to keeping children safe from harm to the extent that they are practically and reasonably able to do so.

8.2

The parties specifically recognise the “BLUE CARD” requirements under the Commission for Children and Young People and Child Guardian Act (Qld) 2000. (i)

From 1 July 2010, registered Queensland teachers will not be required to have a BLUE CARD or an EXEMPTION CARD to work with children during their course of employment.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(ii)

The employer will meet the relevant costs associated with the application and reapplication of the “BLUE CARD” for an employee.

8.3

The parties are obligated to ensure that appropriate and suitable risk management policies and procedures are developed to manage a safe environment for children at the school. These policies and procedures are to be reviewed on a regular and systematic basis.

8.4

The employer may appoint a working party from employees to oversee the risk management strategy to enhance the safety of children at the school.

ENGAGEMENT

9.1

At the time of engagement the employer will inform the employee in writing their employment status, classification, pay rate and provide the “Fair Work Information Statement” in accordance with the Act.

9.2

The employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification.

9.3

The employer may direct an employee to carry out duties and functions, other than in clause 9.2 provided that such duties and functions are reasonably and legally within the capabilities of the employee to perform such duties and functions.

10.

EMPLOYEE APPRAISAL SYSTEM

10.1 The parties recognise and acknowledge that an appraisal system (however it is named) provides opportunities for school management and employees to identify their respective strengths and weaknesses. 10.2 The parties further recognise and agree that the appraisal system will be utilised in good faith to meet the objectives of this Agreement. 10.3 The policy and procedures governing the annual operation of a 360 degree performance evaluation system shall be published by the employer following consultation with employees. 10.4 The appraisal system shall form part of the contract of employment and must include the following elements: (i)

linked with the school’s goals and objectives;

(ii)

include professional development and training opportunities;

(iii)

include clearly stated agreed expectations of employees;

(iv)

contain flexible arrangements for changes and modifications;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(v)

contain arrangements to review the system to achieve best practice in appraisal methods.

11.

PROBATION/QUALIFYING PERIOD

11.1 An employee, other than a casual employee, not subject to the provisions of Clause 4 will be on probation for up to the first six (6) months of their engagement, for the purpose of determining the employee’s suitability for ongoing employment. 11.2 The employer may reduce the period in Clause 11.1 at its sole discretion. 11.3 In the event that the employee is absent for any reason from the workplace for any period, collectively greater than five working days during the probation period, the employer may, at its sole discretion extend the probation period by such number of days absence. The employer must notify the employee if its elects to take this course of action. 11.4 During the periods provided under this clause, the employee’s work performance will be assessed. 11.5 At any time, with or without reason, during the probationary period, the employer or the employee can terminate the employment by giving one day’s notice. The Employer may elect to pay such notice in lieu at its sole discretion.

12.

CERTIFICATES, LICENCES AND OTHER QUALIFICATIONS

12.1 The employee will be required to hold a current and valid version of all Licenses, Certificates and qualifications, as advised to them by the employer, relevant to their position at all times. 12.2 If an employee has such Certificate cancelled, terminated or modified in any way, they must notify the employer within two working days, and immediately cease any activity requiring such License or Certificate. They may not operate any Employer machinery, motor vehicles or equipment during a period of suspension or cancellation. 12.3 The employer may seek to see such documentation at its discretion. An employee who fails to produce such documents when directed may be subject to disciplinary action, including termination of employment. Such employee may also be stood down without pay until such time as the direction to produce the documentation is complied with. 12.4 Where an employee has not obtained the necessary qualification, License or Certificate, within four weeks of the commencement of their employment, or by the pre-agreed time allowing for courses and or apprenticeships, the employee may be subject to the termination of employment. This clause 12.4 is not intended to disadvantage an employee where clauses 43 and 44 are progressed.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

12.5 Where an employee claims to have a License Certificate or qualification relevant to their position and required by the employer and such claim is untrue, the employee may be subject to instant dismissal.

13.

MEDICAL EXAMINATIONS

13.1 The employer may require an employee to attend a medical examination where the employer has reason to believe that an employee is unfit for duty due to injury, illness, intoxication or any other reason. 13.2 If the employer requires an employee to attend a specified medical practitioner, the appointment will be in work time and paid by the employer.

14.

CONFIDENTIAL INFORMATION

14.1 An employee must not reveal or use, either for their benefit or anyone else’s any confidential information which they may acquire during their employment. 14.2 An employee will not, except as authorised or required by their duties, reveal to any person or persons or Employer any of the trade secrets or confidential operations processes or dealings or any information concerning the organisation, business, finances, transactions or affairs of the employer or any of its related companies which may come to their knowledge during their engagement. They will keep with complete secrecy all Confidential Information entrusted to them and not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to the employer or its business, or may be likely to do so. 14.3 When an employee’s employment ceases, they must immediately return all Confidential Information to the employer, including destroying or erasing all Confidential Information held by them, prior to ceasing such employment. 14.4 Employees must ensure that all the Confidential Information is stored in a manner that restricts access to the Confidential Information. If required to do so, they will provide a statutory declaration to the employer certifying that they have destroyed or erased all Confidential Information held by them and that no Confidential Information has been retained by them. 14.5 ‘Confidential Information’ includes but is not limited to ideas, program concepts, financial information, computer programs, mailing lists, client lists, scripts, formats, licenses, agreements and any other documents or records whatever description relating to the employer, its business, operations, future projects or assets, whether oral or written, or in CD ROM, electronic magnetic, microfiche or any other form or medium whether or not stored in Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

an electronic database or as a computer record. 14.6 This obligation will still apply to the employee after their employment with the employer or its related entities has ended.

15.

TERMINATION

15.1 Except in the case of casual (refer to clause 15.8) and probationary employees, either party may terminate employment at any time by giving the other party the required period of notice specified in clause 15.5. 15.2 Instead of providing the specified notice the employer may choose to make payment in lieu of notice. 15.3 If an employee fails to give the required notice, they will forfeit the entitlement to any monies owing equal to the amount of notice not given. 15.4 Nothing in this agreement affects the employer’s right to dismiss an employee without notice. Under such circumstances the dismissed employee shall only be entitled to be paid for the time worked up to the time of dismissal and any entitlements accrued to such time. 15.5 Notice of termination by the employer shall be: Years of Service

Required Notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

Over 5 years

4 weeks

15.6 If an employee is 45 years of age or over and has completed at least two years continuous service with the employer, they will receive one additional week’s notice. 15.7 Notice of termination by the employee shall be equivalent to the employer’s notice of termination excluding that contained in clause 15.6. 15.8 A casual employee may leave the employer's service or be discharged at any moment without notice.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

16.

UNSATISFACTORY WORK PERFORMANCE, SUSPENSION

16.1 This clause 16 does not apply to an employee on probation. 16.2 Unsatisfactory Work Performance (i)

If the employer is concerned about an employee’s performance or conduct, the employer shall consult with the employee and make the concerns known. The employer will advise the employee of the level of performance or behaviour that is acceptable and discuss ways and means that an acceptable level may be achieved.

(ii)

The employer may supply contact details of appropriate organisations for assistance and support in the event of training, counselling or dispute resolution being required.

(iii)

A reasonable time period of not more than 10 working days to show improvement for the achievement of acceptable performance or conduct shall be discussed and set. The employee will be warned that their employment will be terminated if acceptable performance levels or appropriate behaviour is not reached.

(iv)

The employer shall consult with the employee during the period to discuss progress and, if necessary, to further warn the employee that termination of employment will occur if acceptable levels are not reached.

(v)

An employee may elect to have a support person during discussions as set out in clauses 16.2, (i), (iii), & (iv).

(vi)

The meetings and warnings shall be recorded in writing, dated, and signed by both the employer and employee. Should acceptable performance or behaviour not be achieved within the time period set, the employee may be dismissed from employment on appropriate notice or payment in lieu of notice as provided herein. Where dismissal is being considered by the employer the employee is entitled to seek the assistance of a representative (at their own cost) that the employee nominates; to participate/represent in these discussions on the employee’s behalf.

(vii)

The provisions of this Clause 16 do not apply to behaviour of the kind referred to in Clause 6- definitions-Gross misconduct.

17. Suspension whilst under investigation (i)

The employer may suspend an employee with or without pay if they are under investigation for conduct of the kind described in Clause 6 - definitions.

(ii)

Where an employee has been suspended without pay and is later found not to have engaged in conduct that leads to dismissal or termination, then that employee shall

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

be reimbursed any wages for the period of suspension. Any suspension shall be for the shortest reasonable period necessary for the

(iii)

employer to conduct an investigation. Any disagreement about the appropriateness of the decision and or length of a

(iv)

suspension may be referred to the FWA for mediation, and/or conciliation. The parties agree to be bound by any recommendations made by FWA in respect of a matter referred to it under this Clause. An absence from the workplace for a paid or unpaid period of suspension does not

(v)

interrupt the concept of continuity of service for the accrual of entitlements.

18.

GENERAL MISCONDUCT

18.1 In the event of general misconduct the counselling procedure contained in this clause 18 may be applied. The provisions of this Clause 18.1 do not apply to behaviour of the kind referred to in Clause 6 definitions - Gross Misconduct and clause (iii). 18.2 Any investigation conducted, and or warning or penalty imposed under this Clause 18, shall be conducted subject to the principles of natural justice and procedural fairness. This clause also requires the employer, to provide the opportunity for an employee to have a non-participating ‘observer’ or ‘support person’ present at any disciplinary interview. When such a person is nominated by the employee, they shall be advised in writing as to their rights and obligations. 18.3 Counselling Procedure (i)

Step 1 – Verbal Warning / Counselling (a)

The Employer shall have a discussion with the employee, and the Employer will advise the employee of the problems that the Employer believes exist in relation to the employee’s conduct. The employee will then have the opportunity to respond to the allegations. If appropriate the Employer will then:

(b) Remind the employee of the procedures; (c)

Issue a (recorded) verbal first warning;

(d) Advise the employee of the standards of improvement required; or (e)

(ii)

Take any other action it considers fair and reasonable under the circumstances. Step 2 – First Written Warning / Improved Performance

(a)

If the employee fails to meet the standards of improvement in accordance with Step 1 within a reasonable period of time (agreed as no more than 10 working days), the

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Employer shall have a further discussion with the employee at which time the Employer will advise the employee of the problems that it believes exists in relation to the employee’s conduct. (b) The employee will then have the opportunity to respond to the allegations. (c)

If appropriate the Employer will then issue a written warning detailing: 

The issues of concern; and



The standards of improvement required; and



The number of days in which compliance is required to be reached (agreed at no more than five working days).

(d) The employee shall be provided with a written copy of the warning and shall sign a

receipt for such document. A copy will then be placed on the employees personnel file. (iii)

Step 3 – Final Written Warning / Improved Performance (a)

If the employee fails to meet the standards of improvement in accordance with Step 2 within a reasonable period of time (that is 5 working days), the Employer shall have a further discussion with the employee in which it will advise the employee of the problems the Employer believes exists in relation to the employee’s conduct.

(b) The employee will then have the opportunity to respond to the allegations. (c)

If appropriate the Employer will then issue a final written warning detailing: 

The issues of concern; and



The standards of improvement required within two working days; and



State that this is a final written warning and that failure to meet the standards of improvement stated therein will lead to dismissal.

(d) The relevant employee being counselled will be requested to sign a copy of the

written warnings referred to in Step 2 and Step 3 of this clause and a copy will be placed on their personnel file. (iv)

Step 4 – Dismissal (a)

If after receiving a final warning, the employee is subject to further proven breaches of performance, then the employee may be dismissed with or without notice or payment in lieu at the employer’s discretion.

(b) The Notice of Dismissal will outline the reasons for the dismissal. Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

18.4 If at any stage in the application of this Clause 18, the employer is contemplating the imposition of a penalty involving dismissal, demotion or other financial penalty upon an employee, the employer must, before making any such decision, inform the employee of the intended action and invite any comment/submissions and give such comment/submissions reasonable consideration. *This process may, at the employee’s election include the participation of a representative nominated by the employee].

19.

ABANDONMENT OF WORK

19.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer or without notification to the employer shall be prima facie evidence that the employee has abandoned their employment. 19.2 The employer will (following any unauthorised absence of two or more days) send a letter by registered mail to the last known address of the employee requesting they contact their employer to attempt to satisfy the employer that they have been absent for a reasonable cause. The letter shall state that failure to respond within five days of the date of the registered letter being sent will result in termination of the contract of employment. 19.3 Provided that if within a period of seven days from the employee's last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has failed to respond to the registered letter or has not established to the satisfaction of the employer that they were absent for reasonable cause, the employee shall be deemed to have abandoned their employment and the contract of employment shall be terminated. 19.4 Termination of employment by abandonment in accordance with this clause shall operate from the date of the last attendance at work or the last days absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

20.

ALTERNATIVE EMPLOYMENT Other than in the occupation in which employees are employed by the employer, they will not without the prior consent of the employer during the continuance of their engagement be engaged, concerned or interested (including acquiring or retaining any financial interest), either directly or indirectly, in any capacity, in any occupation whether in public or private work which in the opinion of the employer may hinder or otherwise interfere in their work.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

21.

REDEPLOYMENT

21.1 The Employer may redeploy an employee to any other position at any time for which they are suitably skilled or qualified, upon the giving of seven days notice, provided that the rate of wages specified herein, shall not reduce as a consequence of such redeployment, for a period of one month from the date of transfer. 21.2 Redeployment under Clause 21 must be based on reasonable operational requirements and the employer must take into account the views of the affected employee, subject to the operational requirements of the business prevailing. Any dispute under this clause shall be conducted in accordance with the provisions of Clause 48.1. 21.3 Clause 21.1 shall not apply if the transfer is: (i)

At the request of the employee; or

(ii)

As a result of a disciplinary process, wherein a transfer is effected as an alternative to termination; or

(iii)

Part of an ongoing training program; furthermore

(iv)

In relation to a transfer under the provisions of clause 21.3 (iii), the applicable wage may, at the employer’s determination, be that prescribed or agreed in writing for the position and shall take effect from the date of transfer.

PART 3 – WAGE MATTERS AND WORK ARRANGEMENTS 22.

MINIMUM RATES OF PAY AND ALLOWANCES

22.1 Employees shall be paid on a weekly basis in arrears not less than the minimum rate specified in clause 22.4. 22.2 The employer may at its sole discretion pay any individual employee an amount in excess of the rate specified in clause 22.1 and such rate shall be confirmed in writing with each individual employee and a copy of such agreement signed by the employer and the employee shall be retained on the employee’s personnel file. 22.3 Where such agreement exists (Under clause 22.2) the rate specified in such letter shall be the applicable rate for all purposes under this agreement in relation to that particular employee. 22.4 Employee’s applicable rates of pay are contained at Schedule 1 for employees classed as Educators and Schedule 2 for General Staff classed employees. [General staff employees working less than a full year may be agreement with the employer (at their election only) be paid their wages on the basis that an income is generated weekly for 52 weeks of the Year] Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

23.

WAGE REVIEWS

23.1 Other than for Tutors (Schedule 2) the rates contained at clause 22.4 shall increase annually by 4.0% on each July 1 commencing July 1, 2010 and ending July 1, 2014 inclusive. 23.2 In addition to the rate increase in clause 23.1, the employer may review an employee’s rate of pay, or include other benefits in the employee’s wage through negotiation and written agreement at any time. Any increases determined under this clause 23.2 will be at the sole discretion of the employer. 23.3 There is no guarantee of an increase given under clause 23.2. 23.4 Factors the employer will consider when applying clause 23.2 include:

24.

(i)

Performance and the outcomes of previous performance reviews;

(ii)

Reliability and attendance;

(iii)

Professional qualifications;

(iv)

Service Standard;

(v)

The employer’s financial position and capacity to pay;

(vi)

Any other factor the employer considers relevant.

PROGRESSION

Other than for Teachers progression from one position/grade to another requires formal application by the employee and is subject to the following:(i)

That the employee has achieved the level of competency required for progression to the higher grade; and

25.

(ii)

Approval of the employer; and

(iii)

That there is an available position at that higher grade.

SUPERANNUATION

25.1 The employer will contribute an amount equal to 9% of the gross ordinary weekly time earnings - of the employee. Contributions will be made not less than quarterly to a complying Superannuation Fund nominated by the employee for all ordinary hours of continuous service with the employer. 25.2 Superannuation contributions by the employer in clause 25.1 shall increase in accordance with relevant government legislation. 25.3 The superannuation guarantee is not paid on any overtime earnings. Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

25.4 Allowances and payments that usually will qualify as ordinary time earnings, and attract the payment of the guarantee include: (i)

Any 'site allowance' paid at a flat rate in acknowledgement of the displacement an employee undergoes when a job requires him or her to work in a remote location;

(ii)

Any 'casual loading' of the basic ordinary time rate of pay paid to a casual worker in lieu of any fixed, regular minimum hours of work and of paid leave entitlements;

(iii)

Any additional earnings paid above an employee’s base rate net of tax and received as a reward for good performance, and other similar 'bonus' payments, except where the bonus relates specifically and discretely to work performed entirely outside ordinary hours; and

(iv)

Payments in lieu of notice to dismissed employees.

25.5 The minimum level of contribution will be adjusted when necessary to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992. 25.6 If an employee has not nominated a complying fund, and submitted the necessary paper work, within one month of the commencement of employment, the employer shall nominate a suitable fund. 25.7 An employee shall be entitled to the payment of superannuation as set out herein, subject to earning not less than $450 per month. 25.8 Where the employee is under the age of 18 and not working more than 30 hours a week, there will be no obligation to make superannuation contributions. 25.9 Employees 70 years or over will receive no superannuation under this Agreement. 25.10 There will be no obligation for the employer to enter into a participation agreement with a superannuation fund.

26.

REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS

26.1 An employee who is a parent, or has a responsibility for the care of a child under school age, or a disabled child under 18 years may make a request to the employer for a change in working arrangements for the purpose of assisting the employee to care for the child. 26.2 The employee is not entitled to make the request unless: (i)

for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(ii)

For a casual employee—the employee has been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and has a reasonable expectation of continuing engagement by the employer on a regular and systematic basis.

26.3 The request must be in writing and set out details of the change sought and reasons for the change. 26.4 The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request. The employer may refuse the request only on reasonable business grounds. Where a refusal is given, every effort to assist with support by the provisions of onsite support will be considered. 26.5 If the employer refuses the request, the written response must include the reasons for the refusal.

27.

STAND DOWN

27.1 The employer has the right to deduct payment for any day, or any part thereof that the employee cannot be usefully employed because of any stop work situation (whether lawful or not) or through any unavoidable stoppage of work for which the employer cannot reasonably be held responsible. 27.2 Wherever operationally possible, the employer will attempt to redeploy affected employees to other paid work on site or offer leave for stoppages in excess of four hours or permit employees to make up lost time at ordinary rates of pay at mutually agreed times.

PART 4 – LEAVE ARRANGEMENTS 28.

ANNUAL LEAVE

28.1 Full time employees are entitled to 4 weeks of paid annual leave for each completed year of service with the employer. Part time employees will be on a pro-rata basis. Annual Leave counts as service for all purposes. 28.2 Entitlements to Annual Leave accrue weekly. Any accrued entitlement as at the date of the commencement of this agreement will be advised in writing. 28.3 Application for annual leave must be put in writing with a minimum lead time of 4 weeks or as agreed with the employer. Except in exceptional circumstances, annual leave shall always be taken during periods when the School is not open to students.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

28.4 Accumulated annual leave hours will be credited to an employee upon the completion of each working week. 28.5 It is important that all employees take annual leave on a regular basis to ensure that employees are sufficiently rested and have the opportunity to balance work, family and recreational interests. 28.6 Employees can take annual leave at a time that is mutually agreed between themselves and their employer, taking into account the operational requirements of the workplace. The employer will not unreasonably refuse the taking of annual leave. This clause does not prevent the employer directing any employees to take a period of annual leave around the period between Christmas and New Year at the employer’s sole discretion. 28.7 A minimum amount of one (1) day’s annual leave must be taken on any one occasion. 28.8 Annual leave will be paid at the applicable rate of pay the employee received at the beginning of the period of annual leave. 28.9 Unused annual leave carries forward from year to year; however, an employee may not accumulate more than 6 weeks annual leave, except where agreed with the employer. The Employer may direct any employee with leave in excess of six weeks to take such leave, if agreement as to reducing the balance of leave cannot be reached.

29.

CASHING OUT ANNUAL LEAVE

29.1 An employee may, but only with the agreement of the employer, request to cash out annual leave accrued in excess of four weeks [20 days] from time to time. 29.2 The employer may, at its sole discretion, decline or reduce the number of accrued annual leave hours to be subject to cash out 29.3 Annual leave cannot be cashed out in advance of it being credited to the employee. 29.4 Employees who wish to cash out annual leave must give the employer 21 days written notice. Payment will be made at the current ordinary rate of pay at the date of cash out, at the next weekly pay day. Cashed out annual leave will be paid at the rate of pay that the employee receives at the time when the request is made. 29.5 Accrued annual leave will be paid out on separation of employment subject to the employer being entitled to deduct from any payment, any monies lawfully owed to it.

30.

ANNUAL LEAVE LOADING

30.1

Annual Leave Loading has been comprehended in an employee’s salary.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

31.

PUBLIC HOLIDAYS

31.1 Any employee, other than a casual or an eligible casual will be entitled to the following public holidays without loss of pay, but only if such a day was a day on which but for the holiday they would have ordinarily been rostered for duty: (i)

New Year’s Day,

(ii)

Australia Day,

(iii)

Good Friday,

(iv)

Easter Monday,

(v)

Anzac Day,

(vi)

Show Day (Gazetted day for the area where the school is located),

(vii)

Sovereign’s ’s Birthday

(viii)

NAIDOC Day,

(ix)

Christmas Day,

(x)

Boxing Day and

(xi)

Any other gazetted day for the area in which the school is located

31.2 If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment. For example, the employee is not entitled to payment if the employee is a casual employee who is not required to work on the public holiday, nor is a parttime employee whose part-time hours do not include the day of the week on which the public holiday occurs. 31.3 With agreement between employer and employee, a public holiday may be swapped to a different day depending on the operational requirements of the employer.

32. PERSONAL/CARERS LEAVE 32.1 For the purpose of Personal Leave under this agreement, the definition of immediate family is the employee’s spouse, child, parent, grandparent, grandchild or sibling of the employee; a child, parent, grandparent, grandchild or sibling of a spouse of the employee; or a member of the employee’s household. 32.2 For employees of Aboriginal and Torres Strait Islander descent the definition of immediate family in clause 32.1 is extended to include niece, nephew, uncle, aunt, cousin and other community members whom have had an impact on a person’s upbringing.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

32.3 A full time employee is entitled to 10 days personal leave annually. Part time employees can access the same paid personal leave entitlements as full time employees, on a pro-rata basis. 32.4 Personal/Carer’s Leave is for personal illness or injury; or for short term caring purposes of an occasional and non-enduring nature; or as a result of special or exceptional circumstances; or to provide care or support to immediate family or household member who is ill or injured, or in the case of an unexpected emergency in relation to that person. 32.5 If the period during which an employee takes paid personal/carer’s leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer’s leave on that public holiday but shall, if eligible, receive their ordinary base rate of pay 32.6 Paid personal/carer’s leave is cumulative but is not paid out on separation of employment. 32.7 Paid personal leave hours will be credited to an employee upon the completion of each working week. Paid personal leave is cumulative and counts as service for all purposes.

33.

PROTOCOLS COVERING PERSONAL/CARER’S LEAVE

33.1 The employer expects and relies upon an employee’s ability to be at work as and when required, to achieve the completion of work on time and to the required quality standard. 33.2 An employee who is unable to attend work shall advice the employer prior to normal commencement time or if unable to, before the end of ordinary hours of work on that day. The employee must inform the employer of the nature of the illness or accident and the estimated duration of absence. 33.3 Evidence must be provided for all Personal/Carer’s leave taken, in excess of two days. The employer reserves the right to request an employee to provide a medical or other complying certificate, or a statutory declaration, for any period of Personal/Carer’s leave, in excess of one day, prior to payment. The employer need not pay any such entitlement until such evidence has been produced. 33.4 An employee taking unpaid personal leave will, if required, provide a medical or other complying certificate, or statutory declaration, evidencing the illness or injury or other emergency of the person concerned, for whom the unpaid leave has been taken. 33.5 For the purposes, of clauses 33.3 and 33.4; a medical certificate must be issued by a registered health practitioner. The medical certificate must be issued in respect of the area of practice in which the practitioner is registered or licensed under a law of a state or territory that provides for the registering or licensing of health practitioners.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

33.6 There is no limit to the maximum consecutive number of days of sick leave due to personal illness or injury which may be taken by the employee up to the amount of personal leave the employee has accumulated over time, subject to the employee’s available personal leave credits; and medical certification and, if required, the opinion of a medical practitioner nominated by the employer. 33.7 An employee shall not be entitled to be paid for sick leave for any period during which they are entitled to worker’s compensation payments. 33.8 If an employee exhausts their paid personal leave entitlements, the employee may request permission to take additional unpaid leave.

This dispensation may be granted at the

employer’s sole discretion upon having regard to the individual circumstances and can include the requirement to take accrued annual leave 33.9 Notwithstanding Clause 33.3 any employee absent from the workplace on the working day immediately before or after a public holiday or on a Monday or Friday must produce a valid certificate for such absence prior to payment.[This requirement also applies on pupil free days] 33.10 A maximum of two (2) single day absences can be taken in any 12-month period without providing a medical certificate. Any further single day absence must be evidenced with a medical certificate.

34.

UNPAID CARER’S LEAVE

34.1 Full-time, part-time and eligible casual employees will be entitled to two days of unpaid leave per occasion when an employee is required to provide care or support to a member of the employee’s immediate family or household member who requires care or support because: (i)

They are sick or injured; or

(ii)

There is an unexpected emergency in relation to that person.

34.2 Unpaid carer’s leave may only be taken after the employee has exhausted their other paid personal or carer’s leave entitlements.

35.

COMPASSIONATE LEAVE

35.1 In the event of the death or serious illness posing a threat to the life of a member of the employee’s immediate family or household, full-time and part-time employees may access up to two days paid compassionate leave on each occasion. Paid compassionate leave counts as service for all purposes. [Such leave is to be treated as unpaid for eligible casuals]. 35.2 At the sole discretion of the employer, compassionate unpaid leave may be granted for an additional two days where a death of an employee’s immediately family occurs outside Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Australia. The employee must produce satisfactory evidence if requested, of the death to be eligible for this entitlement. 35.3 The employer may require an employee to produce documentary evidence of the need for compassionate leave.

36.

PARENTAL LEAVE

36.1 Parental leave is to enable an employee to give birth to a child or to care for a newly born or newly adopted child. It includes maternity, paternity or adoption leave as set out in the National Employment Standard. 36.2 Parental leave will be available to all full time, part time and eligible casual employees (Employees who have completed at least 12 months regular and systematic employment and a have reasonable expectation of ongoing work) 36.3 The employer will grant maternity, paternity and adoption leave in accordance with the National Employment Standard and any provisions of the Fair Work Act. 36.4 After completing parental leave as primary care giver, a full time employee may return to work part time, if that is the employee’s preference and the arrangement meets the employer’s operational requirements. 36.5 Parental Leave is remunerated as follows: (i)

12 weeks at the applicable pay rate of the employee prior to taking such leave;

(ii)

an additional 12 weeks at the National Minimum Wage;

(iii)

Unpaid leave is available for any further Parental Leave. The total amount of Parental Leave available, paid or unpaid is 12 continuous months, subject to the Fair Work Act, 2009.

37.

CULTURAL LEAVE

37.1 Up to a maximum of 5 days per year is made available to employees to attend Aboriginal and Torres Strait Islander events of cultural significance. 37.2 Cultural Leave is paid leave but does not accumulate from year to year. 37.3 Employees seeking to take cultural leave must make an application for such leave two weeks prior to the event and the application is subject to approval by the Principal. 37.4 Events of cultural significance include (but not limited to) the following: (i)

Tombstone openings;

(ii)

Smoking of houses;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

38.

(iii)

Initiation ceremonies;

(iv)

Coming of light;

(v)

Ceremonies deemed by the Elders to be significant.

LONG SERVICE LEAVE

38.1 Employees shall accumulate Long Service Leave from their date of employment at the rate of 1.3 weeks per year of continuous service for a fulltime employee. 38.2 Employees who have completed at least seven years of continuous service may access their Long Service Leave entitlements by application to the Principal. 38.3 Employees who have completed at least seven years of continuous service will have their long service leave entitlements paid on termination. Payment in this instance is at the rate the employee was paid prior to termination based on a nominal 38 ordinary hour week. 38.4 The minimum period of long service leave that may be taken is four weeks. (i)

Periods of long service leave less than four weeks may be approved provided that the employee is able to clearly demonstrate exceptional reasons for doing so.

(ii)

Where teaching staff seek to take leave and that leave is less than a school term, then that leave is to be taken within the school term.

38.5 Applications to take long service leave must be made at least 4 weeks prior to taking the leave; however where clause 38.4 (i) is accessed the lead-time may be a reasonable notice period. 38.6 Periods of long service leave excludes public holidays and paid vacation periods. 38.7 Periods of illness occurring during an employee’s long service leave shall be recredited to that employee’s long service leave entitlements provided that: (i)

A written request is made by the employee to the Principal within 7 days from the last day of the period of illness; and

(ii)

the period of illness is at least 7 consecutive days; and

(iii)

a medical certificate is provided with the employee’s written request.

(iv)

Long service leave will not be extended to meet the same period of long service leave applied for if not for the period of illness.

(i)

Pro-rata long service leave entitlements will be paid where the employee has had 5 continuous years of service and their employment is terminated for any reason other than gross misconduct; or total and permanent incapacity; or death.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

39.

ELIGIBLE COMMUNITY SERVICE ACTIVITY

39.1 An employee (other than a casual employee) who engages in an eligible community service activity is entitled to be absent from his or her employment for a period, if: (i)

The period consists of one or more of the following: (a)

Time when the employee engages in the activity;

(b) Reasonable travelling time associated with the activity; (c)

Reasonable rest time immediately following the activity; and

(d) The employee’s absence is reasonable in all the circumstances. (ii)

Unless the activity is jury service then the employee’s absence is reasonable in all circumstances.

39.2 An employee who wants an absence from their employment to be covered must give the employer notice of the absence. The notice: (i)

Must be given to the employer as soon as reasonably practicable (which may be a time after the absence has started); and

(ii)

Must advise the employer of the period, or expected period, of the absence.

39.3 An employee who has given his or her employer notice of an absence must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity. 39.4 An employee’s absence from his or her employment is not covered by Clause 39.1 unless the employee complies with Clauses 39.2 and 39.3. 39.5 Jury Service Payment If an employee other than a casual employee is required to attend jury service during ordinary working hours, the employer will reimburse an amount equal to the difference between the amount paid in respect to attendance for such jury service and the wage the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on jury service for up to a period of ten days per occasion.

PART 5 – OCCUPATIONAL HEALTH AND SAFETY 40.

OCCUPATIONAL HEALTH AND SAFETY

40.1 The parties agree that a safe and secure workplace is important and each will comply with occupational health and safety laws. To facilitate healthy and safe work practices, the Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

employer is committed to discussing health and safety issues with employees as they apply to the business. 40.2 Employees will take all practicable steps to ensure their safety while at work, and to ensure that no action or inaction by them while at work causes harm to any other person. They will ensure safety procedures are followed at all times. 40.3 Employees are to use the safety and protective equipment or clothing provided. 40.4 Employees must ensure that they know the employer’s health and safety rules and procedures. 40.5 Employees will not misuse any equipment, plant or process that is provided to ensure workplace health and safety. 40.6 Employees acknowledge that if they do not comply with the rules and procedures of the Employer, disciplinary action may be taken. 40.7 Employees will report to management as soon as possible any accidents, incidents or hazards arising during the course of their employment. 40.8 If any employee has any concerns in relation to their safety or the safety of others in the workplace, they are to report them to a safety officer or appropriate manager who must take all practicable steps to provide and maintain a safe work environment. 40.9 Lifting Rules In order to ensure employees do not endanger their own or fellow workers personal health, they are required to observe proper lifting procedures. These procedures will be advised to them upon employment. At any time that an employee believes they may be exposing themselves to risk from lifting objects, due to weight or size, they are required to consult with their immediate supervisor.

41.

DRUG AND ALCOHOL CODE

41.1 Employees under the influence of drugs and alcohol can cause injury to themselves and others, resulting in poor work performance, inefficiency and damage to plant and equipment and other property. 41.2 An employee may be subject to a drug/alcohol test at any time whilst they are on duty to determine if they have consumed drugs/alcohol. Such tests shall be used by the employer to determine breaches of policy only. An employee found to be adversely affected by drugs or alcohol to the detriment of their work may be subject to disciplinary action, including stand down and or termination.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

41.3 Where an employee returns a positive drug/breath test and is required to operate machinery of any description or a vehicle, the employer may stand that employee down without pay until they are capable of carrying out their duties. 41.4 It is every employee’s responsibility to take reasonable care of the health and safety of others in the workplace and ensure that their performance and actions are not impeded by the use of drugs (either legal or illegal) or alcohol. 41.5 It is the responsibility of all employees to report to their supervisor any incidents where it is suspected that an employee is under the influence of drugs or alcohol. 41.6 An employee, whilst on duty or Employer premises, is prohibited from: (i)

Possessing or using illegal drugs at the workplace

(ii)

Being under the influence of drugs (legal or illegal) or alcohol

(iii)

Consuming alcohol and smelling of having consumed alcohol whilst on duty and at meal breaks

41.7 There are a range of medications which can affect performance, including pain relievers, sleeping pills, tranquillisers, etc. An employee who is using medication or legally prescribed drugs that may impede performance must report this to their supervisor before commencing duty. 41.8 A breach of this Drug and Alcohol Code of Behaviour is considered serious and may lead to disciplinary action and dismissal.

42.

SMOKING IN THE WORKPLACE

42.1 Smoking is prohibited within the school grounds, in all buildings, enclosed spaces or near any hazardous materials or substances whilst at work. 42.2 A breach of this Clause 42 may be dealt with by way of disciplinary proceedings.

PART 6 - TRAINING AND DEVELOPMENT 43.

CROSS TRAINING AND SKILLS DEVELOPMENT

43.1 Where an employee requests training in the duties and functions of a higher classification level, such training may be agreed by the employer. However, the employee will remain on their original rate of pay until the employer deems the employee competent to perform the duties and functions of the higher classification, and such a position becomes available.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

43.2 An employee, with the approval of the employer, may undertake training in the duties and functions of an alternative classification in order to gain experience or knowledge in that position. Such training will be conducted in the employee’s own time and at the employee’s own expense. The undertaking of such unpaid training by an employee in an alternative classification does not guarantee a transfer or promotion to that alternative classification.

44.

EMPLOYER DIRECTED TRAINING

44.1 Where an employer requires an employee to undergo skills enhancement training, such training may be provided either on or off the job. 44.2 Where such training is provided off the job, such training may at the employer’s sole discretion be paid at the ordinary rate of pay and shall not be considered overtime. 44.3 Course enrolment costs and other associated fees are the responsibility of the employer where the training is required by the employer. Costs and associated fees for the training provided in this clause 44.3 will be reimbursed at the discretion of the employer upon evidence of successful completion of the prescribed course of study.

PART 7 - CONSULTATION AND FACILITATION 45.

AGREEMENT FLEXIBILITY

45.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary are those concerning: (i)

Arrangements for when work is performed;

(ii)

Overtime rates;

(iii)

Penalty rates;

(iv)

Allowances;

(v)

Hours of work.

45.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. The agreement between the employer and the individual employee must result in the employee being no worse off overall than the employee would have been, if no individual flexibility agreement had been agreed to.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

45.3 The agreement between the employer and the individual employee must also: (i)

Be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(ii)

State each term that the employer and the individual employee have agreed to vary;

(iii)

Detail how the application of each term has been varied by agreement between the employer and the individual employee;

(iv)

Detail how the agreement results in no disadvantage to the individual employee in relation to the individual employee’s current terms and conditions of employment; and

(v)

State the date the agreement commences to operate.

45.4 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 45.5 The agreement must not require the approval or consent of a person other than the employer and the individual employee. 45.6 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 45.7 The agreement may be terminated by the employer or the individual employee giving 28 days notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period. 45.8 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

46.

CONSULTATION

46.1 Consultation regarding major workplace change - Employer to notify (i)

Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

be affected by the proposed changes and their representatives, if any. (ii)

Significant effects include termination of employment, major changes in composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs.

46.2 Employer to discuss change (i)

The employer must discuss with the employees affected and their representative, if any, the introduction of the changes referred to effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii)

The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to.

(iii)

For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests

47.

REDUNDANCY

47.1 This clause 47 takes effect only when the employer has 15 fulltime equivalent employees. 47.2 An entitlement to redundancy occurs when the Employer has made a definite decision that the Employer no longer wishes the job the Employee/s has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour. 47.3 In addition to the period of notice prescribed for ordinary termination, if the employment is terminated for reasons set out in Clause 47.1 the Employee shall be entitled, if they are a full time or part time permanent Employee, subject to the provisions of Clause 47.4 to the following amount of severance pay in respect of a continuous period of service:

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Period of Service

Number of weeks pay

At least 1 year but less than 2 years

4 weeks

At least 2 years but less than 3 years

6 weeks

At least 3 years but less than 4 years

7 weeks

At least 4 years but less than 5 years

8 weeks

At least 5 years but less than 6 years

10 weeks

At least 6 years but less than 7 years

11 weeks

At least 7 years but less than 8 years

13 weeks

At least 8 years but less than 9 years

14 weeks

At least 9 years but less than 10 years

16 weeks

At least 10 years

12 weeks

‘Weeks pay’ means the Employee’s ordinary time base rate of pay calculated on 38 nominal hours per week (pro rata hours for permanent part time employees)

47.4 The Employer shall not be obliged to make a severance payment if it obtains suitable alternative employment for any employee, whether or not they reject the offer of employment. 47.5 Suitable alternative employment is that found within 30 kilometres of the affected employee’s current work location of a kind similar to that performed at the date of redundancy and for which they have the appropriate skills, or can be reasonably quickly trained for, and which is of an income level not less than 85% per annum (gross base rate) than that the employee earned at the time of their redundancy. 47.6 This clause 47 does not apply to any Employee dismissed for serious misconduct. In that event they are only entitled for payment for time worked up to the time of dismissal.

48.

DISPUTE SETTLEMENT PROCEDURE

48.1 In relation to matters that pertain to the employment relationship that may be in dispute between the parties to this agreement, ‘that matter’ (except matters relating to the actual or threatened termination of employment of the employee), the parties:

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(i)

will attempt to resolve the matter at the workplace level by the employee and their supervisor meeting and conferring on the matter; and

(ii)

If the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and

(iii)

acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level.

48.2 If the matter is not resolved either party may refer the matter to mediation or other alternative dispute resolution process to be conducted by an independent arbitrator. Any matter referred to in this Clause requires each party to negotiate/mediate a resolution in good faith; and (i)

each party may appoint (in writing) at their own cost another person to act on their behalf in relation to the alternative dispute resolution process; and

(ii)

agree that during the time when the parties attempt to resolve the matter the parties will continue to work in accordance with this employment agreement, unless the employer or the employee has a reasonable concern about an imminent risk to his or her health or safety, subject to relevant provisions of any state or territory occupational health and safety law, and

(iii)

even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace that is safe and appropriate for the employee to perform.

48.3 The parties must co-operate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. 48.4 The parties to this agreement acknowledge that if they are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case FWA, will provide the parties with information about other options for resolving the dispute including conciliation and arbitration in accordance with the Act.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

PART 8 – POLICY INFORMATION 49.

ANTI-DISCRIMINATION

49.1 The parties agree that: (i)

It is their intention to respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and

(ii)

Any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in this agreement; and

(iii)

Nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, state or territory legislation; and

(iv)

Nothing in these provisions prohibits any discriminatory conduct (or conduct having a discriminatory effect) that is based on the inherent requirements of a particular position.

49.2 The employer is an equal opportunity employer. 49.3 All employees are treated on their merits, without regard to race, age, sex, marital status or any other factor not applicable to the position. 49.4 Employees are valued according to how well they perform their duties, and their ability and enthusiasm to maintain Employer standards of service. 49.5 The Employer does not tolerate any form of discrimination. It believes all employees have the right to work in an environment free of discrimination and harassment.

50.

ELECTRONIC MONITORING POLICY

50.1 The employer may operate electronic or other monitoring devices at various locations on the School grounds. 50.2 Employees may be subject to the lawful electronic monitoring of their activities including monitoring and recording of their movements on School grounds; and the use and disclosure by the employer of any records of their activities for the purpose of the employer performing its functions or as otherwise required by law.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

51.

SECURITY

51.1 Employees shall permit, upon request, the employer or the employer’s representative to inspect any bags, containers, vehicles or other personal property brought onto the employer’s property by the employee/s. 51.2 No employee is permitted to enter the workplace or other place of work to which this agreement is applicable, or remain within the proximity of the workplace or other place of work to which this agreement is applicable, outside their rostered hours of duty without first obtaining permission from the employer. 51.3 A proven breach of clause 51 may result in disciplinary proceedings and sanctions up to and including immediate dismissal.

52.

SOCIAL NETWORKING MEDIA

52.1 During working hours the Employee shall not access any Social Networking Media in any manner whatsoever unless directed to do so by the Employer. 52.2 The Employee agrees that during their term of Employment outside of working hours they shall not at any time under any circumstances whatsoever, place, respond, provide or in any other manner cause information in relation to the employer’s business (or that of any related entity) or other confidential information to become published via Social Networking Media. This includes but is not limited to conversations that take place about their employment and during their employment that are provided to a third party that results in the publication on Social Networking Media. 52.3 Social Networking Media means the following and may be changed as notified by the Employer to the Employee from time to time:

53.

(i)

Face book – www.facebook.com.au

(ii)

Twitter – www.twitter.com

(iii)

MySpace – www.myspace.com

(iv)

YouTube – www.youtube.com

(V)

All other Internet sites whose function provides for social networking.

RETURN OF PROPERTY If an employee resigns or is terminated for whatever reason, they shall immediately deliver to the employer or to the employer's authorised representative all security devices, documents, products, educational materials, property, displays, manuals, computer programmes and

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

computer disks or any other records, work shirts/pants, whatsoever in their possession or control, relating in any way to the business or affairs of the employer.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

SCHEDULE 1- EDUCATORS SPECIFIC TERMS 1. Remuneration 1.1 Minimum salary

The minimum salary per annum payable to a full-time employee is contained in the following table.

Level

Award

AIICS Per year

39,640

46,428

B1S2

40,458

47,985

41,558

49,634

43,058

51,025

B2S1

44,558

53,856

45,954

56,673

47,350

59,499

48,850

62,337

50,350

64,701

B3S1

51,850

67,075

53,350

69,436

54,850

71,935

1.2 The weekly rate of pay for an employee will be determined by dividing the annual rate by 52.18

and the fortnightly rate by dividing the annual rate by 26.09. 1.3 Part-time employee

A part-time employee will be paid pro rata, at the same rate as a full-time employee in the same classification. 1.4 Casual employee

The salary payable to a casual employee will be: (i)

no higher than the salary at Level 8 where the employee is engaged for less than five consecutive days; or

(ii)

where the employee is engaged for five or more consecutive days the salary will be the appropriate salary for the classification and calculated in accordance with the table below:

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Full day

Weekly rate divided by 5 plus 25%

Half day

Weekly rate divided by 10 plus 25%

Quarter day

Weekly rate divided by 20 plus 25%

2. Level Progression and Definitions 2.1 Recognition of previous service (a)

On appointment, an employee will be classified and placed on the appropriate level on the salary scale in clause 14—Minimum salary, according to their qualifications and teaching experience. For the purpose of this Agreement teaching experience does not include employment as a teacher in a TAFE programme (unless the teacher is employed to teach a Vocational and Educational Training (VET) programme) or in an English Language School.

(b)

Service as a part-time teacher will normally accrue on a pro rata basis according to the percentage of a full-time teaching load undertaken in any year; provided that where the hours are at least 90% of a full-time load, service will count as a full-time year.

(c)

In the case of a casual employee, the equivalent of a full-time year of teaching service is 200 full casual days in Australian Schools.

(d)

In the case of an early childhood/preschool teacher, the following will count as service:

(i)

Teaching experience in preschools, kindergartens, multi-purpose centres, early intervention services, long day care centre and other similar services;

(ii)

Teaching experience of children from four to eight years (or in the infants department) of a school registered and/or accredited under the relevant authority in each state or territory;

(iii)

Service as a lecturer in early childhood education or child development, as a child development officer or equivalent; and

(iv)

Service as a diploma qualified childcare worker, at the rate of one year for every three years service up to a maximum of four years.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

2.2.

A teacher who is three year trained will commence on Level 1 of the salary scale and progress according to normal years of service to Level 12 of the scale.

2.3

A teacher who is four year trained will commence on Level 4 of the salary scale and progress according to normal years of service to Level 12.

2.4

A teacher who is five year trained will commence on Level 5 of the salary scale and progress according to normal years of service to Level 12 of the scale.

2.5

All other teachers will commence on Level 1 of the salary scale and progress according to normal years of service to a maximum of Level 5.

2.6

Definitions of teachers contained above are as follows: (i)

all other teachers means an employee who does not have the qualifications of a three year, four year or five year trained teacher;

(ii)

five year trained teacher means a teacher who has completed a degree in education that requires four years of full-time study at an Australian university and in addition has completed a postgraduate degree at an Australian university requiring at least one year of full-time study, or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority;

(iii)

four year trained teacher means a teacher who has completed a degree in education that requires four years of full-time study at an Australian university or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority;

(iv)

teacher means a person employed as such by the school and who performs duties which include delivering an educational program, assessing student participation in an education program, administering an education program and performing other duties incidental to the delivery of the education program. So as to remove any doubt, teacher includes a teacher in a senior leadership position, but not a principal or deputy principal;

(v)

three year trained teacher means a teacher who has completed a degree in education that requires three years of full-time study at an Australian university or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Accelerated Level Progression 3.3

Accelerated progression through the pay levels may be achieved by successful completion of a schedule of professional development activities.

3.4

Accelerated progression is made by application and will be subject to assessment by a review panel that shall consist of: (i)

the Principal or School Board representative; and

(ii)

a representative of the applicant; and

(iii)

an agreed third party. If agreement is not reached on the third party then it is agreed that the third party is the deputy principal or school director.

3.5

The teachers application for accelerated progression must include as a minimum

3.6

the certification of the recognised professional development activities; and

3.7

A detailed statement on the additional knowledge and skills acquired that enhance the teachers role as a result of completing the recognised professional development activities.

3.8

It is the role of the review panel to assess the application for accelerated progression and make recommendations to the school board. The review panel shall not assess the application by undergoing class room inspections.

Senior Teacher 4.3

A senior teacher is one that has been on level 12 for a period of 12 months or more and is performing tasks in addition to their usual role. These tasks are identified in a “Senior Teacher Action Plan” however it is described.

4.4

A senior teacher’s salary will reflect the additional task and responsibilities the senior teacher may have and is greater than that of level 12.

4.5

A senior teacher’s role is an invitational appointment by the school principal or school board representative and the appointment is made in writing identifying the date of appointment, the additional tasks required and their salary.

4.6

A senior teacher’s role is not to detract from their primary role as a classroom teacher.

Statement of Service 5.3

Upon termination a teachers employment, certificate of employment signed and dated by the employer will be forwarded to the employee’s last known address and shall contain the following information:

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(i)

the full name and address of the employee; and

(ii) a description of the position in which the teacher was engaged; and (iii) the dates the teacher was employed; and (iv) the classification level of the employee at termination.

Class Sizes 6.3

The number of students in any one class is to be determined by risk management strategies; and consideration of best practice learning environments.

Curriculum Development 7.3

Curriculum review and development will be undertaken by the parties in joint consultative arrangements.

7.4

The review and development of the curriculum is to primarily enhance the quality of the teaching and learning process.

7.5

The parties agree that curriculum review and development may be undertaken outside of school hours and/or contact hours and may be compensated by methods other than pay.

Special Events 8.3

Teachers may be required to work on Saturday or Sunday at special events conducted by the school.

8.4

An appropriate roster developed by the Principal will determine the persons required to work school special events.

8.5 9

Compensation for working special events is comprehended in an employee’s salary.

Hours of Duty

9.1

The ordinary hours of Duty for Teachers shall not exceed 30 hours per week. In the case of non-Resident Teachers, not more than one-third of hours shall be performed before 8.30 a.m. and after 5 p.m.

9.2

The hours of duty of a teacher shall consist of: contact time; non-contact time; and other duties as directed.

9.3

Teachers shall be on Duty 15 minutes before the commencement of the school day. The commencement of the school day will be at the discretion of the Principal. Teachers shall

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

be on duty until 3pm or to the time when any after school duties finish, whichever is later. Such time shall be counted as duty for the purpose of calculating the maximum hours of duty as prescribed in clause 9.1.

9.4

All staff members must make all reasonable efforts to be ready to commence duty at the prescribed time/s, including playground and bus duties.

9.5

Contact time shall comprise of programmed teaching time.

9.6

Any useable time between the conclusion of the school day for students and 3pm shall be non-contact

10 Non-contact time

10.1

Teachers shall be allocated 210 minutes for non-contact time to be used planning, preparation and correction time. This time includes provisions in 9.6.

10.2

Casual teachers will not be allocated or receive payment for such time in respect of the first two (2) days of any one engagement.

11 Other Duties

11.1

Other duties will include, but not be limited to: 

The 15 minutes required prior to the commencement of the school day;



Attendance at departmental meetings;



Attendance at staff meetings;



Playground/bus duty;



Assembly;



Conducting of parent teacher interviews;



Supervision of other classes;



Educational activities associated with the programmed curriculum;



Attendance at School events (e.g. Open Day, Speech Night, School dances, parent information evenings).

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

12 Additional Non Contact Time / Professional Development

In lieu of professional development time accessed during School Terms, each eligible Teacher shall be entitled to two additional block periods of non contact time during each Calendar Year; this shall be achieved by having the School closed to children one week earlier than the public sector school scheduled breaks mid-year and end of year. Teachers may use the block periods for professional development, including employer initiated programs as required.

13 Breaks

13.1

The School will endeavour to provide a 10 minute paid morning tea break allocated between the hours of 10 a.m. to 11.30 a.m.

13.2

The School will endeavour to provide a 30 minute unpaid lunch break per day allocated between the hours of 11.30 a.m. to 2.30 p.m.

13.3

Notwithstanding clauses 13.1 and 13.2, breaks will be taken at times to suit the convenience of the School and so as to not interfere with the continuity of work where continuity is necessary.

14 Length of the School Year

14.1

The maximum number of days that the employee will be required to attend during term weeks and non-term weeks will be 200 in each school year.

14.2

The following circumstances are not included when calculating the 200 employee attendance days:

(a) Co-curricular activities that are conducted on a weekend;

(b) School related overseas and interstate trips, conferences and similar activities undertaken by mutual consent during non-term weeks;

(c) When the employee appointed to a leadership position is performing duties in non-term weeks that are directly associated with the leadership position;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(d) When the employee has boarding house responsibilities and the employee is performing those duties during term weeks and non-term weeks; and

(e) Exceptional circumstances, such as the requirement to provide pastoral care to students in the event of a tragedy in the school community, in which an employee may be recalled to perform duties relating to their position.

14.3

The employer will provide written notice of the term weeks and days in non-term on which the employees are required to attend, six months in advance of the requirement to attend.

14.4

The annual salary payable under this Agreement, are paid in full satisfaction of an employee’s Award entitlements for the school year or a proportion of the school year. The employee’s absence from school during non-term weeks is deemed to include their entitlement to annual leave.

15. Pro rata payment of salary inclusive of annual leave The provisions of this clause will apply: (i)

in the calculation of payment in regard to pro rata salary where an employee’s employment ceases; or

(ii)

in the calculation of payment in regard to pro rata salary if: (a) an employee commenced employment after the school service

date;

(b) an employee has taken leave without pay of more than two term weeks

since the school service date; or (c) the hours which an employee has worked at school have varied since the

school service date. Calculation of payments is as follows: (i)

P = (S x C / B) – D; where

(ii)

P is the payment due;

(iii)

S is the total salary paid in respect of term weeks, or part thereof, since the school service date or the date of employment in circumstances where the employee has been employed by the employer since the school service date;

(iv)

B is the number of term weeks, or part thereof in the school year;

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(v)

C is the number of non-term weeks, or part thereof, in the school year;

(vi)

D is the salary paid in respect of non-term weeks, or part thereof, that have occurred since the school service date or date of employment in circumstances where the employee has been employed by the employer since the school service date. School service date means the date from which employees are paid at the commencement of the school/preschool year in their first year of service with the employer; and employee means an employee other than a casual employee.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

SCHEDULE 2 TUTOR RATES Without Qualification Ind 1 28.00 2 30.00 3 32.00 4 34.00 Small 1 34.00 2 36.00 3 38.00 4 40.00

Degree Qualified 30.00 32.00 34.00 36.00 36.00 38.00 40.00 42.00

Qualified Teacher 32.00 34.00 36.00 38.00 38.00 40.00 42.00 44.00

* The rates set out in this schedule shall not be subject to any of the provisions of Clause 23.1 The parties to this agreement will commence negotiations on employment conditions for Tutors in February 2011. The outcome of this negotiation shall be by way of a variation to this agreement. Variation to this agreement shall be subject to the provisions of the Fair Work Act 2009, as amended from time to time. The outcome of this negotiation will be known by no later than the end of Term 1 of 2011.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

SCHEDULE 3 – GENERAL STAFF SPECIFIC TERMS

1. Remuneration 1.1 Minimum salary

The minimum salary per annum payable to a full-time employee are contained in the following tables.

Table 1 Annual

Indicative Duties

Salary 35,544

General Non-trades Machinery Maintenance

36,065

Groundsperson; Under 17 years of age will receive 75%

36,337

Cleaner (Day); Caretaker

37,753

Bus Driver < 25 person seat capacity

37,889

Green keeper Level 3; Under 18 years of age will receive 85%

38,338

Bus Driver > 25 person seat capacity

40,545

Green Keeper Level 4

Table 2 Level

Step

Annual Salary

Level

Step

Annual Salary

Level

Step

Annual Salary

36,559

44,951

65,309

37,232

46,120

66,522

37,889

47,331

67,732

38,554

48,917

68,927

39,214

50,117

70,130

39,940

51,317

40,545

52,955

42,311

55,838

43,047

58,721

43,796

61,659

44,184

64,471

1.2 The weekly rate of pay for an employee will be determined by dividing the annual rate by 52.18 and

the fortnightly rate by dividing the annual rate by 26.09. 1.3 Part-time employee (i)

A part-time employee will be paid pro rata, at the same rate as a full-time employee in the same classification.

(ii)

A part-time employee is an employee who is engaged to work less than 38 ordinary

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

hours per week or an average of less than 38 hours per week and/or for less than the full school year and who has reasonably predictable hours of work. (iii)

A part-time employee will be paid an hourly rate of 1/38th of the weekly rate for the employee’s classification.

(iv)

A part-time employee’s award entitlements will be calculated on a pro rata basis.

(v)

At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying the number of hours worked each day, the days of the week the employee will work, the number of weeks of the school year the employee will work and starting and finishing times each day.

(vi)

Variations to work hours will be by agreement and recorded in writing.

1.4 Casual employee (i)

A casual employee is an employee engaged as such.

(ii)

A casual employee will be paid an hourly rate of 1/38th of the weekly rate for the employee’s classification, plus 25%.

(iii)

A casual employee will be engaged and paid for a minimum of two hours for each engagement.

(iv)

A casual employee must be paid at the termination of each engagement, or fortnightly or monthly in accordance with usual payment methods for full-time employees.

2. Level Description 2.1 LEVEL 1 (i)

At level 1 employee’s may learn and gain competency in the basic skills required by the employer.

(ii)

Principal Level 1 characteristics are as follows: (a) Work under close supervision either as an individual or in a team environment. (b) Work is regularly checked. (c) Less direct guidance and some autonomy may be involved when working in

teams. (iii)

Competencies (a) Competency at this level involves application of knowledge and skills to a limited

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

range of tasks and roles. (b) Competencies are normally used within established routines, methods and

procedures that are predictable. (c) Judgment against established criteria is also involved. (iv)

Formal qualifications/experience (a) Junior certificate is the minimum formal qualification. (b) No experience is required but may be considered in place of any formal

qualification. 2.2 LEVEL 2 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 1.

(ii)

Principal Level 2 characteristics are as follows: (a) An employee in a position at this level works under direct and/or routine

supervision depending on function. (b) An employee's work is intermittently checked. (c) Supervision may take the form of general guidance where working in teams is

involved. (d) Supervision may involve detailed instructions in some situations. (e) Supervision of other employees within a team responsibility for some roles and

coordination may be required. (f) Provide guidance to other employees at a lower level. (g) Provide assistance to less experienced employees at the same level. (iii)

Competency (a)

Competency at this level involves application of knowledge and skills to a range of tasks and role.

(b) There is limited complexity of choice of actions required. (c)

Competencies are normally used within established routines methods and procedures.

(d) Discretion and judgement about possible actions are involved in some cases. (iv)

Formal qualifications/experience

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(a)

Junior certificate is the minimum formal qualification.

(b) No experience is required, however relevant experience maybe considered in

place of formal qualifications. 2.3 LEVEL 3 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 2.

(ii)

Principal Level 3 characteristics are as follows: (a)

An employee in a position at this level works under limited supervision.

(b) An employee's work may be checked in relation to overall progress. (c)

Supervision may take the form of broad guidance.

(d) A level of autonomy may be involved when working in teams. (e)

Supervision of Other Employees with limited responsibility for the work of others may be involved.

(iii)

(f)

Team co-ordination may be required.

(g)

Assistance and/or guidance may be provided to other employees.

Competency (a)

Competency at this level involves application of knowledge with depth in some areas and a broad range of skills.

(b) There is a range of roles and tasks in a variety of contexts. (c)

There is some complexity in the extent and choice of actions required.

(d) Competencies are normally used within routines, methods and procedures. (e)

Some discretion and judgement is involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

(iv)

Formal qualifications/experience (a)

Tertiary qualifications at certificate level or equivalent qualifications relevant to the position may be required or

(b) such knowledge, qualifications and experience that are deemed by the employer

as necessary to successfully carry out the duties of the position.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

2.4 LEVEL 4 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 3.

(ii)

Principal characteristics of Level 4 are as follows: (a)

Work is carried out under general supervision.

(b) Progress and outcomes sought are under general guidance. (c)

The work of others may be supervised.

(d) Supervising others in Teams may be guided or facilitated. (e)

When supervising others Responsibility for the work and organisation of others is limited.

(f) (iii)

Training of subordinate staff may or may not be required.

Competency (i) Competency at this level involves the application of knowledge with depth in

some areas and a broad range of skills. (ii) There is a wide variety of tasks and roles in a variety of contexts. (iii) There is complexity in the ranges and choice of actions required. (iv) Competencies are normally used within a variety of routines, methods and

procedures. (v) Discretion and judgement are required for self and/or others in planning,

selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. (vi)

Formal qualification/experience (a) Tertiary qualifications at certificate level or (b) equivalent qualifications relevant to the position may be required by the employer or knowledge qualifications and experience as are deemed by the employers as necessary to successfully carry out the duties of the position.

2.5 LEVEL 5 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 4.

(ii)

Principal characteristics of Level 5 are as follows:. (a)

An employee in a position at this level works under general supervision and/or

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

broad guidance depending on function. (b) The work of others may be supervised. (c)

Supervising others in Teams may be guided.

(d) When supervising others responsibility for the planning and management of the

work of others may be involved. (e)

Supervision and training of staff in lower level positions may or may not be involved.

(iii)

Competency (a)

Competency at this level involves self directed application of knowledge with substantial depth in some areas.

(b) A range of technical and other skills are applied to roles and functions in both

varied and highly specific contexts. (c)

Competencies are normally used independently and both routinely and non routinely.

(d) Discretion and judgement are required in planning and selecting appropriate

equipment, service techniques and work organisation for self and/or others. (iv)

Formal qualifications/experience (a)

Tertiary qualifications at associate diploma/diploma level or

(b) equivalent qualifications relevant to the position may be required by the

employer or knowledge, qualifications and experience that are determined by the employer as necessary to successfully carry out the duties of the position. 2.6 LEVEL 6 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 5, demonstrating work of a professional nature.

(ii)

Principal characteristics at Level 6 are as follows: (a)

An employee at this level works under limited guidance in accordance with a broad plan or strategy.

(b) When supervising others responsibility and accountability is exercised within

defined parameters, either for the supervision and monitoring of the work of employees of a lower level or for a defined work function. (iii)

Competency (a)

Competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills.

(b) Competencies are normally applied independently and are substantially non-

routine. Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

(c)

Competency at this level involves the delivery of professional services within defined accountability levels.

(d) Employees may operate individually or as a member of a team. (e)

Significant discretion and judgement is required in planning, design, of professional, technical or supervisory functions related to services, operations or processes.

(f)

Employees at this level are expected to plan their own professional development and such increased knowledge, relevant to the position held, will be applied to the work situation.

(iv)

Formal qualifications/experience (a) Formal qualifications at degree level are required.

2.7 LEVEL 7 (i)

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 6.

(ii)

Principal characteristics at Level 7 are as follows: (a)

An employee in a position at this level is accountable to the school or college administration for the conduct of their work.

(b) Within the constraints set by management, an employee works autonomously

and is responsible for the professional content of the work performed. (c)

An employee at this level may be required to provide active supervision of and be responsible for other staff.

(iii)

Competency (a)

Within constraints set by management, employees exercise initiative in the application of professional practices demonstrating independent discretion and judgment, which may have effect beyond a work area.

(b) An employee at this level is expected to carry out a high proportion of tasks

involving complex, specialised or professional functions. (iv)

Formal Qualifications/Experience (a)

Formal qualifications at degree level are required, along with relevant post graduate qualifications or

(b) extensive and relevant experience, as required by the employer, to reflect higher

levels of professional outcomes.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

3. Level and Step Advancement 3.1 Progression from one level to a higher level is by appointment only. 3.2 Progression from one step to the next within a level is achieved by the employee who has

completed 12 months of continuous service at that step provided that the employee has achieved a satisfactory performance evaluation. 4. Recognition of previous service for Salary Level determination 4.1 Recognition of years of service for determining an employee’s level shall include all previous

service as a school officer within the non-government education industry at or above the classification level of the position to which the employee is appointed on and from the 27 February 1995. 4.2 The provision of documentary evidence of previous employment as a school officer shall be the

responsibility of the employee. 4.3 Other forms of documentary evidence may be accepted at the discretion of the employer.

5. Junior employees A junior employee appointed at classification level 1 or 2 is to be paid at the following percentage of the appropriate adult rate for the position performed. Age

% of adult rate

Under 17 years of age

17 years of age

18 years of age

19 years of age

20 years of age

6. Ordinary hours of work 6.1 A full-time employee’s ordinary hours of work will be 38 per week. 6.2

The ordinary hours of work may be averaged over a period of a fortnight or four weeks.

6.3 The ordinary hours of work will be worked on no more than five days in any seven days between

6.00 am and 6.00 pm.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

7. Breaks between periods of duty 7.1 An employee will be entitled to a minimum break of 10 consecutive hours between the end of one

period of duty and the beginning of the next. This applies in relation to both ordinary hours and where overtime is worked. 7.2 Where an employer requires an employee to continue or resume work without having a 10-hour

break off duty, the employee is entitled to be absent from duty without loss of pay until a 10-hour break has been taken. 8. Breaks 8.1 An employee will be entitled to an unpaid meal break of 30 minutes no later than five hours after

commencing work. 8.2

At a time suitable to the employer, an employee is entitled to a rest break of 10 minutes, which will be counted as time worked, for each period of three hours worked, with a maximum of two rest breaks per shift. The employer and an employee may agree to one rest break of 20 minutes in place of the two 10 minute rest breaks.

9. Shiftwork 9.1 The ordinary hours for shiftwork will: (i)

be worked continuously each shift (except for broken shifts and meal breaks);

(ii)

not exceed 10 hours, inclusive of a meal break in any single shift; and

(iii)

be rostered.

9.2 The following shift definitions apply: (i)

day shift is a shift which commences and ceases wholly within the spread of ordinary hours;

(ii)

afternoon shift is a shift which is not a day shift and which finishes after the ordinary hours and at or before midnight;

(iii)

night shift is a shift which is not a day shift and which finishes after midnight and at or before 6.00 am.

9.3 Broken shifts (i)

An employee may be rostered to work ordinary hours in a broken shift, that is a rostered shift in two periods of duty, exclusive of breaks, per day, with a minimum payment (other than for a casual) of two hours for each period of duty.

(ii)

An employee, other than a casual, required to work a broken shift will be paid at the

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

ordinary time rate plus a penalty of 15% of the ordinary time rate. (iii)

The maximum spread between the start of the first period of duty and cease of the second period of duty for a broken shift is 12 hours. Any hours in excess of this 12 hour spread will be paid for as overtime.

9.4 Rostering (i)

For employees working to a roster, a roster showing normal starting and finishing times and the name of each employee will be prepared by the employer and will be displayed in a place conveniently accessible to the employees at least seven days before the commencement of the roster period.

(ii)

An employee may be rostered to work on a Saturday, Sunday or public holiday and will be paid the appropriate penalty rates.

(iii)

A roster may be altered by (a)

mutual consent at any time;

(b) or by amendment of the roster by the employer on seven days’ notice; unless (c)

the roster is needed to be altered to enable the functions of the employer to be carried out where another employee is absent from work due to illness or in an emergency.

(d)

Where an alteration requires an employee to work on a day which would otherwise have been the employee’s day off, the day off instead will be arranged by mutual consent.

10. Ordinary Time Loadings 10.1 Shiftwork (i)

Afternoon shift and night shift will attract a loading of 15% on all ordinary hours.

(ii)

A permanent night shift will attract a loading of 30% on all ordinary hours.

10.2 Saturday and Sunday work (i)

An employee required to work ordinary time on a Saturday or Sunday will be paid a loading on their ordinary hours as follows: (a)

50% loading for ordinary hours worked on a Saturday;

(b) 100% loading for ordinary hours worked on a Sunday.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

10.3 The ordinary time loadings are not cumulative, nor paid in addition to overtime rates. Where an

employee is entitled to more than one penalty or overtime rate, the employee will be entitled to the highest single penalty rate. 11. Overtime 11.1 Overtime rates (i)

An employee will be paid overtime for all authorised work performed outside of or in excess of the ordinary or rostered hours as follows:

Time worked

Overtime rate

Monday–Friday

150% of the ordinary hourly rate of pay for the first 3 hours and 200% of the ordinary hourly rate of pay after that

Saturday

150% of the ordinary hourly rate of pay for the first 3 hours and 200% of the ordinary hourly rate of pay after that

Sunday

200% of the ordinary hourly rate of pay

Public holidays

250% of the ordinary hourly rate of pay

(ii)

Overtime will be calculated daily.

11.2 Time off instead of overtime payment (i)

An employee and an employer may agree that an employee will be provided with time off instead of being paid an overtime payment for all authorised work performed outside of or in excess of the ordinary or rostered hours.

(ii)

Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate, that is, an hour for each hour worked.

(iii)

Where an employee and an employer have agreed to time off instead of overtime payment and such time has not been taken: (a) within four weeks of accrual; or (b) during the non-term weeks agreed in writing between an employee and an employer; (c) an employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime, for any overtime worked.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

SCHEDULE 3 Apprentices and School Based Apprentices 1. Apprentices 1.1 An apprentice means any person employed and registered in the form prescribed by the relevant Queensland Apprenticeship Authority. 1.2 For the purposes of this Agreement, an apprentice is an employee who is engaged under a Training Agreement registered by the relevant Queensland apprenticeship Authority, where the qualification outcome specified in the Training agreement is a relevant qualification from a Training Package endorsed by the National Training Framework Committee. 1.3 An apprentice will also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognised by the relevant Queensland Training or Apprenticeship Authority. 1.4 Subject to appropriate Queensland legislation, an employer must not employ an unapprenticed junior in a trade provided for in this Agreement. 1.5 In order to undertake trade training as an apprentice a person must be a party to a contract of apprenticeship training or training agreement in accordance with the requirements of the relevant Queensland Apprenticeship authority. The employer must provide access to training consistent with the contract or training agreement without loss of pay. 1.6 An apprentice who attends a technical school and presents reports of satisfactory attendance and conduct must be reimbursed by their employer for all fees paid by the apprentice in respect of any course prescribed, at the end of each term. 1.7 The probationary period of an apprentice must be as set out in the training agreement or contract of apprenticeship consistent with the requirements of the Queensland Apprenticeship Authority but must not exceed three months. 1.8 An apprentice who is under 21 years of age on completion of their apprenticeship and who is employed in the occupation to which they were apprenticed will be paid not less than the adult rate prescribed for that classification. 1.9 Except as provided in this schedule or where otherwise stated all conditions of employment specified in this agreement will apply to apprentices. 1.10 No apprentice under the age of 18 years will be required to work overtime unless they request to work overtime. An apprentice must not work or be required to work overtime at times which would prevent their attendance at technical school as required by this agreement. 1.11 No apprentice under the age of 18 years will be employed on any shift other than day shift. An apprentice over the age of 18 years, by mutual agreement may be required to work on an afternoon shift provided such shiftwork does not prevent their attendance at technical school as required by this agreement. 1.12 An apprentice must not work under any system of payment by results. Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

1.13 An employer must allow an apprentice to take time off during working hours to attend available classes. In order to be entitled to the time off the apprentice must produce a card showing the employee’s attendance at school for the period. 1.14 The provisions of this schedule will be read in conjunction with any Queensland legislation or regulation relating to apprentices. 1.15 Provisions of any Queensland legislation or regulation relating to the attendance of apprentices at technical school during ordinary working hours or to disciplinary powers of Apprenticeship Authorities over apprentices and employers are deemed not to be inconsistent with this agreement. 1.16 Apprentices are entitled to the NES, as supplemented by this agreement, except with respect to Notice of termination and Redundancy pay. 1.17 The ordinary hours of work of apprentices must not exceed those of the tradespersons employed under this agreement. 1.18 The number of apprentices that may be employed by an employer at any time in the said trade or trades must not exceed the proportion of one apprentice for each individual tradesperson employed by the employer in such trade.

2. School-based Apprentices 2.1 A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education. 2.2

A school-based apprenticeship may be undertaken in the trades covered by this agreement under a training agreement or contract of training for an apprentice declared or recognised by the relevant Queensland authority.

2.3

The relevant minimum wages for full-time junior and adult apprentices provided for in this agreement, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training. Where an apprentice is a full-time school student, the time spent in off-thejob training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

2.4

A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

2.5

For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

2.6

The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

2.7

School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

2.8

The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

2.9

If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

2.10 School-based apprentices are entitled pro rata to all of the other conditions in this agreement.

3. Rates of Pay Year of apprenticeship

% of Schedule 2, Level 1

First year

Second year

Third year

Fourth year

EENNDD O OFF DDO OCCUUM MEENNTT

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010

Monday, 31 January 2011 Commissioner GR Smith AM Fair Work Australia Level 4, 11 Exhibition Street Melbourne, VIC 3000 Chambers.smith.c@fwa.gov.au

Dear Commissioner Smith, RE: AG 2010/15720– Application by Aboriginal Islander and Independent School Inc (The Murri School) for approval of a single enterprise agreement – undertakings – sec. 185 Fair Work Act 2009. We, Colin John Dorber Employer Bargaining Representative and Ms. Philomena Downey, School Principal and authorised representatives of the employer undertake:

That in relation to Matter No: AG2010/15720 with reference to Clause 52 Social Networking Media and with especial reference to sub clause 52.2:

That the clause shall be read to mean and shall only mean that the clause only requires that an employee should not disclose or publish on social networking media anything which is confidential, derogatory or contrary to the interests of the employer.

A copy of this undertaking shall be affixed to any approved single enterprise agreement provided to any employee.

Colin John Dorber

Philomena Downey

Enterprise Bargaining Representative

Principal

Aboriginal & Islander Independent Community School INC – SEA – Ballot Document – December 2010