Application for certification of agreement R.139(1)
Form 40 Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement) QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s 156.
THE BOARD OF TRUSTEES OF THE BRISBANE GIRLS GRAMMAR SCHOOL AND QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION – QUEENSLAND BRANCH, UNION OF EMPLOYEES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY INDUSTRY, UNION OF EMPLOYEES, QUEENSLAND QUEENSLAND NURSES’ UNION OF EMPLOYEES
(No.CA 426 of 2004) APPLICATION FOR CERTIFICATION OF THE BRISBANE GIRLS GRAMMAR SCHOOL CERTIFIED AGREEMENT 2004 TO:
The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074
THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 on , BETWEEN The Board of Trustees of the Brisbane Girls Grammar School AND the Queensland Independent Education Union of Employees, the Australian Liquor, Hospitality and Miscellaneous Workers' Union - Queensland Branch, Union of Employees, the Queensland Nurses' Union of Employees and The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland. All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the parties’ signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of which is the attachment marked B. Form 40, R.139(1).
Particulars of current or previous certified agreement(s) (a) (b) (c)
Brisbane Girls Grammar School Certified Agreement 1995 (CA4 of 1995) Brisbane Girls Grammar School Certified Agreement 1997 (CA673 of 1997) Brisbane Girls Grammar School Certified Agreement 2001 (CA35 of 2001)
This agreement replaces the agreements in (a), (b) and (c) above.
Dated: (day, month and year)
Form 40, R.139(1)
SIGNATORIES
Signed for and on behalf of the Board of Trustees of the Brisbane Girls Grammar School by the Principal of Brisbane Girls Grammar School, Ms Amanda Bell
) ) ) )
In the presence of -
Signed for and on behalf of the Queensland Independent Education Union of Employees by its executive officer
) ) ) )
In the presence of -
Signed for and on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers' Union - Queensland Branch, Union of Employees by its executive officer
) ) ) ) ) )
In the presence of -
Signed for and on behalf of The Construction, Forestry, Mining and Energy Industry, Union of Employees, Queensland by its executive officer
) ) ) )
In the presence of -
Signed for and on behalf of the Queensland Nurses' Union of Employees by its executive officer In the presence of –
) ) )
PARTICULARS OF THE EMPLOYER Name: Brisbane Girls Grammar School Business Address: Gregory Terrace, Brisbane Address for Service: As above Phone number: 3332 1300 Fax number: 3832 6097 PARTICULARS OF OTHER PARTIES Name: Mr Terry Burke Position: General Secretary Organisation: Queensland Independent Education Union of Employees Business Address: 346 Turbot Street, Spring Hill, Queensland, 4000 Address for Service: As above Phone number: 3839 7020 Fax number: 3839 7021 Email address: tburke@qieu.asn.au Name: Position: Organisation: Business Address: Address for Service: Phone number: Fax number: Email address:
Mr Ron Monaghan Secretary The Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees 74 Astor Street, Spring Hill, Queensland, 4000 As above 3831 3355 3832 4232 lhmuqld@lhmu.org.au
Name: Position: Organisation: Business Address: Address for Service: Phone number: Fax number: Email address:
Ms Gay Hawksworth Secretary Queensland Nurses’ Union of Employees 56 Boundary Street, West End, Qld, 4101 As above 3840 1444 3844 9387 qnu@qnu.org.au
Name: Position: Organisation:
Mr Wallace Trohear State Secretary The Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland 366 Upper Roma Street, Brisbane, Qld, 4000 As above 3236 2355 3236 2230 queries@qld.cfmeu.asn.au
Business Address: Address for Service: Phone number: Fax number: Email address:
1
Attachment A Brisbane Girls Grammar School Certified Agreement 2004 Subject Matter
1
Page Number
PRELIMINARY ................................................................................................................. 3 1.1 1.2 1.3 1.4 1.5
Title .................................................................................................................................................. 3 Application ....................................................................................................................................... 3 Date and Period of Operation ........................................................................................................... 3 Posting of Agreement ....................................................................................................................... 3 Definitions ........................................................................................................................................ 3
2.1
Relationship with Parent Awards ..................................................................................................... 3
2
RELATIONSHIP WITH PARENT AWARDS.................................................................. 3
3
OBJECTIVES OF THE AGREEMENT............................................................................. 4 3.1
Objectives of the Agreement ............................................................................................................ 4
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23
Contract of Employment .................................................................................................................. 4 Part Time Employment..................................................................................................................... 5 Casual Employees ............................................................................................................................ 5 Hours of Work - General Staff ......................................................................................................... 5 Rosters - General Staff ..................................................................................................................... 5 Rostered Days Off - General Staff ................................................................................................... 5 Overtime - General Staff .................................................................................................................. 6 Meal Breaks - General Staff ............................................................................................................. 6 Rest Pauses - General Staff .............................................................................................................. 6 Annual Leave.................................................................................................................................... 6 Statutory Holidays ............................................................................................................................ 7 Sick Leave ........................................................................................................................................ 8 Long Service Leave .......................................................................................................................... 9 Personal Leave.................................................................................................................................. 9 Maternity Leave................................................................................................................................ 9 Superannuation ............................................................................................................................... 10 Mixed Functions - General Staff .................................................................................................... 10 Incidental and Peripheral Tasks – General and Academic Staff .................................................... 11 Procedures for Preventing and Settling Disputes – General and Academic Staff .......................... 11 Anti-Discrimination – General and Academic Staff....................................................................... 12 Termination of Employment - General Staff and Academic Staff ................................................. 12 Introduction of Changes, Termination of Employment and Cases of Redundancy - General Staff and Academic Staff........................................................................................................................ 12 Reinstatement of Entitlements........................................................................................................ 12
5.1 5.2 5.3
Payment of Wages .......................................................................................................................... 13 Wage Increases ............................................................................................................................... 13 No Further Increases....................................................................................................................... 13
6.1 6.2
Preparation for the Academic Year ................................................................................................ 13 Training Leave................................................................................................................................ 13
7.1 7.2
Co-curricular Activities .................................................................................................................. 14 Memorial Outdoor Educational Centre .......................................................................................... 14
8.1 8.2 8.3 8.4
Salary Packaging ............................................................................................................................ 15 Salary Sacrifice (Superannuation – Approved School Funds) ....................................................... 15 Temporary Disability Insurance ..................................................................................................... 15 Accident Insurance Plan ................................................................................................................. 15
4
GENERIC TERMS AND CONDITIONS OF EMPLOYMENT ....................................... 4
5
WAGES............................................................................................................................. 13
6
PROFESSIONAL DEVELOPMENT OF STAFF............................................................ 13
7
OTHER BENEFITS FOR ACADEMIC STAFF.............................................................. 14
8
NON-SALARY BENEFITS ............................................................................................. 15
2
8.5 8.6
Subsidised School Fees .................................................................................................................. 15 Job Share ........................................................................................................................................ 15
9.1 9.2 9.3
Single Bargaining Unit ................................................................................................................... 16 Workplace Consultative Committee............................................................................................... 16 Renewal or Replacement of Agreement ......................................................................................... 16
9
FUTURE RE-NEGOTIATION OF AGREEMENT......................................................... 16
APPENDIX 1 & 2 Wage Rates APPENDIX 3 School Policy – Rostered Days Off APPENDIX 4 School Policy – Time Off In Lieu APPENDIX 5 School Policy – Academic Appointments – Calculation of Part Time Salaries and Entitlements
3
Brisbane Girls Grammar School Certified Agreement 2004 1
PRELIMINARY 1.1
Title This Agreement shall be known as the Brisbane Girls Grammar School - Certified Agreement 2004.
1.2
Application This Agreement shall apply to the Brisbane Girls Grammar School and its employees whose rates of pay are prescribed herein and to the Unions signatory to this Agreement.
1.3
Date and Period of Operation This Agreement shall operate from the date that it is approved by the Queensland Industrial Relations Commission and shall remain in force until 31 December 2006. The agreement may be terminated by any of the parties to the agreement only in the manner prescribed in Division 65 of Part 1 of Chapter 6 of the Industrial Relations Act 1999 (Qld); provided that after the nominal expiry date the Agreement may be terminated by any party by the giving of at least four (4) weeks' notice of that intention to all other parties to the Agreement and the Queensland Industrial Relations Commission.
1.4
Posting of Agreement A copy of this Agreement shall be exhibited in a conspicuous and convenient place in the School.
1.5
Definitions In this Agreement: “Academic Staff” means all employees of the School covered by the Teachers’ Award – NonGovernmental Schools; “General Staff” means all employees of the School other than Academic Staff; “Immediate Family” means the employee’s spouse and a child, ex-nuptial child, stepchild, adopted child, ex-foster child, parent, grandparent, grandchild, or sibling of the employee or the employee’s spouse. “QIEU” means the Queensland Independent Education Union of Employees; “School” means Brisbane Girls Grammar School; “School Officers” means all employees of the School covered by the School Officers' Award - State; “Teachers' Award” means the Teachers' Award - Non-Governmental Schools.
2
RELATIONSHIP WITH PARENT AWARDS 2.1
Relationship with Parent Awards This Agreement shall be read and interpreted in conjunction with the Awards having application to or adopted for the purposes of the Industrial Relations Act 1999 as set out hereunder except as varied by the terms of this agreement: Teaching Staff
Teachers’ Award – Non-Governmental Schools
Academic Promotional Positions
Teachers’ Award – Non-Governmental Schools – Promotional Positions Certain Grammar Schools Industrial Agreement
School Officers
School Officers’ Award – State
Cleaners
Miscellaneous Workers’ Award – State
4 Nurse
Nurses’ Award – State
Carpenters
Building Products, Manufacture Maintenance Award - State
and
Minor
This Agreement shall be read and interpreted in conjunction with the existing Awards applying to employees of the School. In the event of any inconsistency with the existing Awards, the terms of this Agreement will take precedence.
3
OBJECTIVES OF THE AGREEMENT 3.1
Objectives of the Agreement 3.1.1 This Agreement provides a framework for management, staff and unions to work together towards improving productivity. 3.1.2 The Agreement aims to provide benefits to: (a) (b) (c)
students through enhanced service delivery, increased value for money and a more effective and efficient School; the School through a broad workplace reform agenda, improved effectiveness and efficiency of the School; and employees through improved wages linked to their contributions to the development and implementation of productivity initiatives and through improvements in the working environment.
3.1.3 The Parties shared objectives are to: (a) (b) (c) (d) (e)
4
continue to implement measures to improve productivity and efficiency at the School; provide greater scope for productivity initiatives to be identified, negotiated and implemented, recognising the operational requirements of the School and its clients; provide incentives for the parties to pursue initiatives that will lead to improved productivity; foster the development of a positive and productive School environment through the introduction of Best Practice initiatives; and provide certainty and equity in relation to wage outcomes for the life of the Agreement.
GENERIC TERMS AND CONDITIONS OF EMPLOYMENT 4.1
Contract of Employment 4.1.1 At the point of engagement, employees may be offered employment on a full time, part time, term time or casual basis, whether that appointment is for a fixed period or continuing basis. 4.1.2 Each employee shall be advised in writing at point of engagement and at other times when varied in accordance with this part, the following: (a) (b) (c) (d) (e) (f)
the nature of the engagement whether it be full time, part time, term time, casual or fixed period or continuing basis; the work the employee is employed to do; if not full time, the weeks the employee is to be employed; the days of the week the employee is to be employed; as applicable, the normal starting and finishing time for each day's employment; the duration of the engagement in respect of employment for a fixed period.
4.1.3 Subject to the provisions of this Agreement, the School may vary the terms of engagement of any General Staff member other than a casual employee by providing two (2) weeks' notice of such changes unless it is mutually agreed between the School and employee for a shorter period of time.
5
4.2
Part Time Employment 4.2.1 Where an Academic Staff member is employed on a part time basis the employee shall be entitled to be paid a pro-rata rate calculated by dividing the number of teaching periods per cycle worked by the part time employee by the total number of teaching periods per cycle taught by a full time employee i.e. 42 periods per cycle for Academic Staff in accordance with the School’s policy. 4.2.2 Where a General Staff member is employed on a part time basis the employee shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate fortnightly full time rate divided by 76. 4.2.3 Employees under this sub-clause shall be entitled to receive pro-rata entitlements to annual leave and sick leave. 4.2.4 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.
4.3
Casual Employees 4.3.1 A casual employee in an Academic Staff position shall be paid an hourly rate equal to 1/53rd of the fortnightly rate for a full time employee in that position plus 23%. A casual employee in an Academic Staff position shall be allowed time for corrections, assessments or evaluations at the School not less than at the rate of one hour for every five hours of teaching time. 4.3.2 A casual employee in a General Staff position shall be paid an hourly rate equal to 1/76th of the fortnightly rate for a full time employee in that position together with a loading of 23%.
4.4
Hours of Work - General Staff 4.4.1 The ordinary working hours for all General Staff covered by the Agreement shall be an average of 38 per week, to be worked on one of the following bases: (a) (b) (c) (d)
38 hours in a work cycle not exceeding 7 consecutive days; 76 hours within a work cycle not exceeding 14 consecutive days; 114 hours within a work cycle not exceeding 21 consecutive days; or 152 hours within a work cycle not exceeding 28 consecutive days.
4.4.2 The ordinary hours of work prescribed herein shall not exceed ten (10) hours on any day. Where the ordinary working hours are to exceed eight (8) on any day, the arrangement of hours shall be subject to the agreement of the employer and the employee or employees concerned. 4.4.3 The ordinary hours of work prescribed herein: (a)
School Officers shall work between 7:00am to 6:00pm Mondays to Fridays; and
(b)
All other employees shall work between 6:00am to 7:00pm Monday to Saturdays.
4.4.4 Employees are required to observe the nominated starting and finishing times for the work day, including designated breaks to maximise available working time. 4.5
Rosters - General Staff Where applicable, a roster showing starting and ceasing times for the ordinary hours of duty of employees and the times between which the period, if allotted, for meal breaks together with the surname and initials of each employee shall be prepared by the School and shall be posted in a conspicuous place or places accessible to the employees concerned. The roster shall be alterable by mutual consent at any time or by amendment of the roster on seven (7) days' notice.
4.6
Rostered Days Off - General Staff Eligible staff are required to take Rostered Days Off in accordance with School policy.
6
4.7
Overtime - General Staff 4.7.1 All time worked in excess of the ordinary hours of work prescribed by this Agreement or outside of the General Staff’s ordinary hours of work, shall be deemed to be overtime and shall: (a) (b) (c)
be paid for at the rate of time and a half for the first two (2) hours and double time thereafter; for all time worked on a Sunday be paid for at the rate of double time with a minimum payment as for two (2) hours worked; and if applicable, any time worked on an employee's rostered day off shall be paid at the rate of double time with a minimum payment as for three (3) hours worked.
4.7.2 All overtime is to be authorised. 4.7.3 The School and an employee may mutually agree for the employee to take time off equivalent to the number of hours worked using the overtime rate. Any time off in lieu is to be taken in accordance with School policy. 4.8
Meal Breaks - General Staff 4.8.1 General Staff who are employed for at least six (6) hours shall have a meal break of not less than one half hour between the fourth and sixth hours of such employment. By agreement between the School and the employee or employees such meal break may be taken between the second and sixth hours. 4.8.2 Except as hereinafter provided, all General Staff required to work overtime for more than one (1) hour after 5.30 pm shall be entitled to a meal provided by the School or payment of a meal allowance where a meal can not be provided.
4.9
Rest Pauses - General Staff 4.9.1 This clause applies to all General Staff. 4.9.2 Employees shall receive a rest pause of ten (10) minutes duration in each half of each working day worked provided that where the School and employee so agree, the two (2) ten (10) minute rest pauses may be combined into one twenty (20) minute rest pause thus allowing for three continuous periods of work per day. 4.9.3 Casual employees and part time employees who have worked a minimum of four (4) consecutive ordinary hours but less than eight (8) consecutive ordinary hours in any one day shall receive a rest pause of ten (10) minutes duration. Employees who have worked a minimum of eight (8) consecutive ordinary hours (excluding meal breaks) in any one day shall receive a rest pause or pauses in accordance with clause 4.9.2 of this Agreement. 4.9.4 Rest pauses shall be taken in the School's time. 4.9.5 Rest pauses shall be taken at times to suit the convenience of the School and so as not to interfere with the continuity of work where continuity is necessary.
4.10
Annual Leave 4.10.1 Subject to the provisions of this clause, annual leave loading for Academic Staff: (a) is to be calculated in accordance with the Teachers' Award; and (b) for fixed term and term time Academic Staff and Academic Staff who have not worked for a full school year shall be paid the proportion of the annual leave loading that the employee's service (excluding school vacations) bears to a school year of 40 weeks.
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4.10.2 Full time General Staff covered by this agreement: (a)
(b) (c)
(d)
shall at the end of each year of employment be entitled to four (4) weeks annual leave on full pay, provided that in the first year of employment an employee may be required to take pro-rata annual holidays during the mid summer school vacation and thereafter, each year of employment shall be deemed to commence from 1 January; shall have an accrual rate for annual leave being 152 hours per year (four (4) weeks' annual leave on the basis of a 38 hour week); shall be paid, on account of their annual leave entitlement, an amount equal to one-twelfth of the employee's pay for the period of employment calculated in accordance with clause 4.10.9; being part-time, term time and fixed period General Staff shall at the end of each year of period of employment be entitled to annual leave as follows: Number of weeks worked during the year x 4 weeks x average hours per week calculated on weeks worked
52 4.10.3 Annual leave debits will be equivalent to the ordinary hours the employee would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken. 4.10.4 Annual leave shall be exclusive of any statutory holiday, which may occur during the period of annual leave and shall be paid for by the School in advance: (a)
(b)
in the case of any and every employee in receipt, immediately prior to that leave, of ordinary pay at a rate in excess of the ordinary rate payable under this Agreement at that excess rate; and in every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Part.
4.10.5 If the employment of an employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given annual leave to the employee from the date of termination of employment and shall forthwith pay to the employee, in addition to all other amounts due, four (4) weeks' pay for annual leave calculated in accordance with clause 4.10.9 hereof, and, in addition, payment for any statutory holiday/s occurring during such four week period. 4.10.6 Annual leave shall be taken during school vacation periods unless otherwise agreed between the School and the employee. 4.10.7 Employees may be required to take annual leave because of any closedown of the School during the mid summer school vacation. 4.10.8 Annual holiday pay (including any proportionate payments) shall be calculated as follows: (a) (b)
the employee's ordinary wage rate as prescribed by this Agreement for the period of the annual holiday (excluding shift premiums and weekend penalty rates); and a further amount calculated at the rate of seventeen and one-half per centum, of the amounts referred to in paragraph (a) above.
4.10.9 Annual holiday pay in the December period will be paid to the employee in December of each year on the date specified by the School. 4.11
Statutory Holidays 4.11.1 All work done by any employee on Good Friday, Labour Day (the first Monday in May) or other day appointed under the Holidays Acts 1983 to be kept in place of that holiday, Christmas Day, the twenty-fifth day of April (Anzac Day), the first day of January (New Years Day), the twenty-sixth day of January (Australia Day), Easter Saturday (the Day after Good Friday), Easter Monday, the Birthday of the Sovereign, Brisbane Show Day and Boxing Day or any day appointed under the Holidays Acts 1983 to be kept in place of any such holiday, shall be paid for at the rate of double time and a half with a minimum of four (4) hours.
8 4.11.2 For the purposes of this provision, where the rate of wages is a weekly rate, “double time and a half” shall mean one and one-half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 4.11.3 Notwithstanding any other provisions of this Clause and subject to any statutory limitations, when an employee works on a statutory holiday such employee shall be paid at the rate prescribed by this clause for the particular holiday or by agreement between the employee and the School, may be paid at the ordinary rate and be given a day off in lieu thereof. Provided that if an employee subsequently works on the day in lieu of the deferred public holiday, such employee shall be paid in accordance with other provisions of this clause. 4.12
Sick Leave 4.12.1 This clause does not apply to casual employees. 4.12.2 Every full-time employee shall become entitled to: (a)
for Academic Staff, eight (8) days sick leave for each completed year of service being one day's sick leave for each six (6) weeks of employment;
(b)
for General Staff, 60.8 hours of sick leave for each completed year of employment or 7.6 hours sick leave for each six (6) weeks of employment.
4.12.3 Unused sick leave will accumulate from year to year but will not be paid out on termination of employment. 4.12.4 Part time, term time and fixed period General Staff shall be entitled to pro rata sick leave calculated on the following basis: (a)
for each completed year of service: 60.8 hours x ordinary hours worked per week 38
(b)
for each completed period of six (6) weeks in respect of an incomplete year of service: 7.6 hours x ordinary hours worked per week 38
4.12.5 Part time, term time and fixed period Academic Staff shall be entitled to pro-rata sick leave calculated on the following basis: (a)
for part time Academic Staff for each completed year of service: the pro-rata percentage FTE as per Clause 4.2.1 x the full time equivalent leave
(b)
for full time fixed period Academic Staff shall accrue one (1) day’s sick leave for every six (6) weeks of employment.
4.12.6 An employee will notify the School at the earliest practical opportunity to do so, within 24 hours of the commencement of the absence, the employee's inability to attend for work because of personal illness or injury. The employee will also advise the School as far as possible of the nature of the illness or injury and the estimated duration of the absence. If the employee is likely to be absent from work for a greater period than that originally notified to the School, the employee will advise the School accordingly. 4.12.7 If the employee's absence from work on account of illness exceeds two (2) days, then the employee is required to produce to the School a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or of other evidence of illness to the satisfaction of the School.
9 4.12.8 Where an employee has a proven record of recurring absences on sick leave, the School may, if it considers it appropriate to take action, inform such employee that in the event of future absences a certificate will be required from a duly qualified medical practitioner in respect of each period of sick leave taken for a period of six (6) months thereafter. 4.12.9 The continuity of employment of an employee with the School for sick leave accumulation purposes shall be deemed to be not broken by any absence from work on approved paid leave. 4.12.10 Subject to the terms of this Agreement, there is no restriction on the amount of accrued sick leave that an employee may take at any one time. 4.13
Long Service Leave All employees, including casuals, shall be entitled to Long Service Leave in accordance with the provisions of the Industrial Relations Act 1999 and the policy guidelines issued by the School.
4.14
Personal Leave 4.14.1 The parties acknowledge that the aims of efficiency, effectiveness and equity can be furthered by increased flexibility and improvements in working arrangements. The parties support the implementation of ILO Convention 156 - Workers with Family Responsibilities. It is also acknowledged that the provisions of the Family Leave Award - State, as published and varied from time to time forms part of this Agreement. 4.14.2 It is noted that: (a) (b)
part time work can be performed by agreement in the circumstances specified in the Family Leave Award; and a copy of the Family Leave Award will be displayed in a conspicuous and convenient place in the School.
4.14.3 Any employee (other than a casual employee) shall be entitled to Personal Leave on full pay to a maximum of seven (7) working days in any calendar year of service where a person of the employee's Immediate Family, who the employee is responsible for, is ill or requires medical treatment. In addition this leave is available where there has been the death within Australia of a member of the employee’s immediate family or household. Proof of such death shall be furnished by the employee to the satisfaction of the School. For any leave taken in excess of two working days, a medical certificate shall be provided to the School. Personal Leave need not be taken in whole days and unused leave shall not accumulate from year to year. The provisions of personal leave are in addition to those entitlements contained within the Family Leave Award. The provisions of the Family Leave Award apply for any employee who seeks family leave beyond the entitlements contained in this personal leave provision. 4.15
Maternity Leave 4.15.1 All female employees (other than casual employees) with at least 12 months continuous service with the School are entitled to up to six (6) weeks maternity leave on full pay for each confinement. 4.15.2 A part time, term time and fixed period employee shall be eligible for maternity leave based on their part time or fractional salary. 4.15.3 In addition to paid maternity leave prescribed in 4.15.1, female employees may access up to 46 weeks parental leave without pay for each confinement.
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4.15.4 When applying for maternity leave, an employee must: (a)
(b)
Produce to the School not less than ten (10) weeks before the expected date of confinement, a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; not less than four (4) weeks before she proposes to commence maternity leave, produce to the School written notification of the intention to return to work following the end of her maternity leave.
4.15.5 Eligible staff may apply for all or part of accrued annual leave or long service leave (subject to entitlement) to be taken in one block in lieu of all, or part of the unpaid period of parental leave. 4.15.6 Staff on maternity leave are required to remain absent for a minimum period of six (6) weeks after the actual date of birth. 4.15.7 The School is not required to extend a non-continuing contract of employment solely by reason of an employee being entitled to claim for a period of paid maternity leave. 4.15.8 An employee must confirm her intention of returning to work by notice in writing to the School's Principal given not less than four (4) weeks in term time and before the end of her period of maternity leave. 4.16
Superannuation 4.16.1 The Board of Trustees is committed to the following principles for the provision of superannuation benefits to School staff:
•
(a) a continuation of the commitment that employer contribution levels for all staff will be subject to the Board’s ongoing review.
•
(b) that the Board will have regard to the Public Sector (employer) contribution levels when undertaking reviews.
•
(c) that superannuation contributions will be applied equitably and without exception to all staff in receipt of eligible superannuation payments.
•
(d) that there be no pre-requisites for co-contributions by staff.
• 4.16.2 In applying its consideration from its most recent review, the School will contribute on behalf of an eligible employee an amount of 11.25% inclusive of the Superannuation Guarantee Contribution, with effect from the first pay period on or after 1 January 2004. 4.16.3 Each employee may elect to have the School pay their superannuation contributions to either: (a) (b) (c) 4.17
The Queensland Independent Education and Care Superannuation Trust ("QIEC Super"); or AXA Super Directions; or A fund of the employee’s choice as agreed by the School.
Mixed Functions - General Staff 4.17.1 This clause only applies to General Staff. 4.17.2 Where any person on any one day performs two or more classes of work to which a differential rate fixed by any industrial instrument is applicable, such person, if employed for more than four (4) hours on the class or classes of work carrying a higher rate, shall be paid in respect of the whole time during which he works on that day at the same rate, which shall be at the highest rate fixed by such industrial instrument in respect of any of such classes of work, and if employed for
11 four (4) hours or less on the class or classes of work carrying a higher rate, the person shall be paid at such highest rate for four (4) hours. 4.18
Incidental and Peripheral Tasks – General and Academic Staff 4.18.1 The School may direct an employee to carry out such duties as are reasonable within the limits of the employee's skill, competence and training. 4.18.2 The School may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment (where relevant). 4.18.3 Any direction issued by the School pursuant to sub-clauses 4.18.1 and 4.18.2 shall be consistent with the School's responsibilities to provide a safe and healthy working environment.
4.19
Procedures for Preventing and Settling Disputes – General and Academic Staff 4.19.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees. 4.19.2 In the event of an employee having a grievance or dispute the employee shall, in the first instance, attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. 4.19.3 If the grievance or dispute is not resolved under the preceding sub-clause, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representatives. 4.19.4 If the grievance or dispute is still unresolved after discussions listed in the preceding sub-clause, the matter shall, in the case of a union member, be reported to the State Secretary of the relevant union of employees and the Principal or nominated industrial representative. An employee who is not a union member may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under the preceding sub-clause will not result in resolution of the dispute. 4.19.5 If, after discussion between the parties, or their nominees mentioned in the preceding sub-clause, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of section 229(2) of the Industrial Relations Act 1999. 4.19.6 Whilst all of the above procedure is being followed normal work shall continue except in a case of a genuine safety issue. 4.19.7 Except in the case of termination of employment, the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. 4.19.8 All parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute. 4.19.9 Any Order of the Queensland Industrial Relations Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the dispute. 4.19.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are
12 unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute pursuant to section 229(2) of the Industrial Relations Act 1999. 4.20
Anti-Discrimination – General and Academic Staff 4.20.1 It is the intention of the parties to this Agreement to achieve the principal object in section 3(c) of the Industrial Relations Act 1999 by helping to prevent and eliminate discrimination in the workplace. 4.20.2 Accordingly, in fulfilling their obligations under the Grievance Procedure, the parties to this Agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 4.20.3 Nothing in this clause is to be taken to affect: (a) (b)
4.21
any different treatment (or treatment having different effects) which is specifically exempted under the Anti-Discrimination Act 1991 or other legislation; an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission or the Queensland Anti-Discrimination Commission.
Termination of Employment - General Staff and Academic Staff 4.21.1 General staff, other than a casual employee shall give to the employer two (2) weeks’ notice in writing of intention to resign from the position. In lieu of notice, two (2) weeks’ salary shall be forfeited unless otherwise mutually agreed. 4.21.2 Academic staff, other than a casual employee shall give to the employer four (4) weeks’ notice in writing of intention to resign from the position, exclusive of any vacation periods. In lieu of notice, four (4) weeks’ salary shall be forfeited unless otherwise mutually agreed. 4.21.3 Payment in lieu of notice shall be made if the appropriate notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. 4.21.4 In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used. 4.21.5 The School shall observe the notice periods specified in this clause except that the period of notice shall not apply in the case of dismissal for misconduct that justifies summary dismissal, or in the case of casual or seasonal employees, or to employees on a daily or hourly hire, or employees engaged for a specific period of time or for a specific task or tasks. 4.21.6 Annual leave shall not be deemed to form part of notice for the purpose of this provision.
4.22
Introduction of Changes, Termination of Employment and Cases of Redundancy - General Staff and Academic Staff Except as otherwise provided for in this Agreement, the Statement of Policy on Termination of Employment, Introduction of Changes and Redundancy contained in the decision of the Full Bench of the Commission as varied from time to time, applies to the School's Staff.
4.23
Reinstatement of Entitlements 4.23.1 Where an employee (other than a casual employee) has: (a) (b)
resigned for family reasons and that employee has been employed by the School for a minimum of twelve (12) months of service; and within five (5) years of that person's resignation, the person is re-employed by the School,
13 then the School will reinstate all entitlements relating to sick leave and long service leave should that person be re-employed. Whether the person is ever re-employed by the School is at the School's sole discretion.
5
WAGES 5.1
Payment of Wages Wages shall be paid fortnightly by electronic funds transfer into a financial institution nominated by the employee or as otherwise agreed by the employee or employees concerned.
5.2
Wage Increases 5.2.1 The minimum wage rates applicable for the employees covered by this Agreement are the rates of pay shown in Appendix 1. 5.2.2 The first pay increase of 4.5% shall be paid as from the first pay period on or after 1 January 2004. 5.2.3 The second pay increase of 4% shall be paid as from the first pay period on or after 1 January 2005. 5.2.4 The third pay increase of 4% shall be paid as from the first pay period on or after 1 January 2006.
5.3
No Further Increases 5.3.1 There shall be no further increases during the life of this Agreement. 5.3.2 The Agreement constitutes a closed Agreement in settlement of all matters contained herein, for its duration. Further, the unions undertake that there will be no further claims, on matters contained in this Agreement, which would alter labour costs for the life of the Agreement, beyond those envisaged by this Agreement, as outlined in clause 5.2.
6
PROFESSIONAL DEVELOPMENT OF STAFF 6.1
Preparation for the Academic Year In recognition of the employee’s commitment to the School, the School is committed to maximising the amount of time available for staff development without minimising the time available for the teaching of students. The parties acknowledge that the School has implemented the timetable arrangements for student free periods during term time. In return, the School requires its Academic Staff to commence work in the week prior to the new academic School year.
6.2
Training Leave 6.2.1 Paid leave of absence may be granted to employees (other than casual employees) under the following conditions: (a)
(b) (c) (d) (e) (f) (g)
up to three (3) days leave on ordinary pay shall be granted to attend courses and seminars conducted by: (i) ACTU or its affiliates; or (ii) specific union training course approved by the relevant Unions; courses other than those approved by the previous Trade Union Training Authority shall be subject to consultation with the School and the Unions who are parties to this Agreement; the leave shall be non-cumulative; one (1) month's notice must be given of the employee's intention to take this leave; the application for leave shall be endorsed by the respective Union; the applicant employee shall have two (2) years' continuous service with the School at the time of proceeding on leave; the granting of such leave shall be subject to the reasonable convenience of the School having regard to its efficient operation;
14 (h) (i)
(j) (k)
(l)
7
no employee shall be granted leave in excess of the duration of the course; ie travelling time is not included; employees who are granted leave to attend a course may not attend a subsequent course, until the expiration of two (2) years from the date of commencement of the previous period of leave; the School is not responsible for any additional costs except for the payment of relief employees where this is considered appropriate; the maximum number of employees at the School who may avail themselves of this leave at the same time is: (i) two (2) Academic Staff members; and (ii) two (2) General Staff members; Application for training leave must be submitted to the School's Principal with details of the course to be attended and endorsement by the respective Union.
OTHER BENEFITS FOR ACADEMIC STAFF 7.1
Co-curricular Activities 7.1.1 Introduction The School acknowledges and appreciates that its Academic Staff volunteer on an honorary basis to provide co-curricular activities at the School. The School encourages its Academic Staff to continue to volunteer for those activities. 7.1.2 Sporting Activities and Co-curricular Programmes Those Academic Staff who coach students in sporting activities are to obtain an appropriate level of coaching accreditation in the relevant sport. The employee will be paid the appropriate coaches’ rate as set by the relevant sport for that level of accreditation. The cost of obtaining coaching accreditation for a relevant sport will be shared equally between the School and the employee. Academic Staff who are designated by the School as coordinators of co-curricular activities will receive an honorarium which is to be determined by the School after having assessed each staff member's involvement in that activity, the number of staff they are responsible for and the number of students involved in the activity. The payment of a coordinator’s honorarium for sports and activities will be subject to an annual appointment and paid in accordance with Appendix 2 and based on the following conditions:
7.2
(a)
the senior staff member in charge of the co-curricular area will recommend staff for approved co-curricular programmes to the Principal at the beginning of the year or season.
(b)
the Principal, or delegate, will appoint staff for that season or academic year and they will be paid on a fortnightly basis, the approved honorarium for that sport or activity from the commencement of the season or year.
(c)
the coordinator of the sport and/or activity will submit to the Principal at the end of the season or year, a review and appraisal of the co-curricular sport and/or co-curricular activity outcomes.
Memorial Outdoor Educational Centre Each academic year certain Academic Staff are required by the School to attend the Memorial Outdoor Education Centre ("the Centre") (for example House Group Teachers and Subject Teachers for Years 810). The School recognises the disruption to family commitments caused by staff employed at the main School campus on Gregory Terrace, attending the Centre as part of an official School camp or activity. In recognition of this, the School will pay any member of General or Academic staff who attends the Centre to supervise students and run programmes a sum of $50 for each day that they are in attendance at the Centre provided that the employee on each occasion has stayed a minimum of two (2) nights.
15
8
NON-SALARY BENEFITS 8.1
Salary Packaging Employees may choose to salary package in accordance with guidelines issued by the Australian Taxation Office (ATO) and the Board of Trustees of the Brisbane Girls Grammar School. The following principles will be the basis of the guidelines issued by the Board of Trustees: 8.1.1 School guidelines must be consistent with the spirit and intent of the instructions and interpretations of the Australian Taxation Office. 8.1.2 The costs for administering the salary package, including fringe benefits tax and the service provider fees, are to be met by the participating employee. 8.1.3 An employee must enter into a salary package agreement with the service provider appointed by the School and at the same time provide the service provider with evidence of having received independent financial counselling advice. Payroll deductions for salary packaging purposes will only be made by the School on the service provider’s authority. 8.1.4 There is to be no additional administrative workload or other ongoing costs incurred by the employer other than that associated with the processing of approved pay deduction authorities. 8.1.5 For the duration of this agreement, the maximum amount allowable for salary packaging purposes shall be 50 per cent of the employee’s base salary or the amount determined by the Australian Taxation Office, whichever is the lesser. 8.1.6 The employee's salary used to calculate superannuation, leave loading, long service leave, severance and termination payment entitlements will be the gross base salary the employee would receive if not taking part in the salary packaging arrangement.
8.2
Salary Sacrifice (Superannuation – Approved School Funds) Any School employee wishing to make salary sacrifice contributions to the School’s approved superannuation funds, may do so without entering into an agreement with the service provider as referred to in clause 8.1. Other than this exception, the guidelines for salary packaging will apply.
8.3
Temporary Disability Insurance The parties agree that all continuing full time and part time employees who work in excess of half the ordinary hours of a full time employee in that position shall, in addition to other payments, be provided with Temporary Disability Insurance in line with the Board of Trustees approval. Employees shall be advised of any change in the terms of the insurance provision.
8.4
Accident Insurance Plan The School will extend the Accident Insurance Plan, which is available to its students to all of its full time and part time employees who work in excess of half the ordinary hours of a full time employee in that position and to Sporting Coaches.
8.5
Subsidised School Fees Continuing full time employees may apply annually to qualify for a remission of School fees in accordance with the policy determined by the Board of Trustees.
8.6
Job Share 8.6.1 The School is prepared to establish protocols in conjunction with the Workplace Consultative Committee for Academic Staff to access provisions under clause 15B of the Teachers’ Award Non-Governmental Schools. 8.6.2 In relation to General Staff, the School is prepared to agree that it will consider any job share proposal by an employee on a case-by-case basis. It must be recognised however that it will not
16 always be possible to implement job share arrangements for General Staff. This is particularly so if there are insufficient numbers of employees in a particular area to accommodate job sharing.
9
FUTURE RE-NEGOTIATION OF AGREEMENT 9.1
Single Bargaining Unit 9.1.1 For the purpose of negotiating enterprise agreements a Single Bargaining Unit (SBU) has been established consisting of union and management representatives and specifically with membership as follows:
9.2
(a)
four (4) elected School employee representatives each with a backup representative plus a representative of QIEU as an advisor. The employee representatives shall comprise two (2) Academic Staff representatives and two (2) General Staff representatives; and
(b)
three (3) management representatives and an industrial relations advisor.
Workplace Consultative Committee 9.2.1 In addition to the Single Bargaining Unit, a Workplace Consultative Committee will also operate to address issues within the School as they arise from time to time. The Committee will comprise:
9.3
(a)
up to three (3) representatives of senior management
(b)
three members, two (2) elected from the Academic Staff and one (1) from the General Staff;
(c)
where appropriate, other relevant personnel may be co-opted for input on specific issues.
Renewal or Replacement of Agreement Subject to satisfactory implementation of this Agreement the parties agree to re-open negotiations at least three (3) months prior to the expiry of this Agreement with a view to negotiating a replacement agreement.
17
SIGNATORIES Signed for and on behalf of the Board of Trustees of the Brisbane Girls Grammar School by the Principal of Brisbane Girls Grammar School, Ms Amanda Bell
) ) ) )
In the presence of -
Signed for and on behalf of the Queensland Independent Education Union of Employees by its executive officer
) ) ) )
In the presence of Signed for and on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers' Union - Queensland Branch, Union of Employees by its executive officer
) ) ) ) ) )
In the presence of -
Signed for and on behalf of The Construction, Forestry, Mining and Energy Industry, Union of Employees, Queensland by its executive officer
) ) ) )
In the presence of -
Signed for and on behalf of the Queensland Nurses' Union of Employees by its executive officer In the presence of –
) ) )
18
APPENDIX 1 BRISBANE GIRLS GRAMMAR SCHOOL BUILDING PRODUCTS, MANUFACTURE AND MINOR MAINTENANCE AWARD - STATE*
CARPENTER 4% from 4.5% from 4% from 01.01.2006 Current Rate 01.01.2004 01.01.2005 F/N Annual F/N Annual F/N Annual F/N Annual 1,188.60 31,009 1,242.10 32,404 1,291.80 33,701 1,343.40 35,049
Carpenter
*NOTE: The rates listed above are not necessarily current rates paid by BGGS
MISCELLANEOUS WORKERS AWARD - STATE*
Level 1 Level 2 Level 3 Level 4
4.5% from 4% from 4% from Current Rate 01.01.2004 01.01.2005 01.01.2006 F/N Annual F/N Annual F/N Annual F/N Annual 971.1 25,336 1,014.80 26,476 1,055.40 27,535 1,097.60 28,636 1,014.00 26,453 1,059.60 27,644 1,102.00 28,749 1,146.10 29,899 1,043.90 27,233 1,090.80 28,459 1,134.50 29,597 1,179.80 30,781 1,088.40 28,394 1,137.30 29,672 1,182.80 30,859 1,230.20 32,093 *NOTE: The rates listed above are not necessarily current rates paid by BGGS
NURSES AWARD - STATE
Classification
Level 1
Level 2
RN L1.1 RN L1.2 RN L1.3 RN L1.4 RN L2.1 RN L2.2 RN L2.3 RN L2.4
4.50% 01-Jan-04 $/wk 1363.00 1431.30 1499.50 1567.50 1908.10 1953.60 1999.30 2044.60
EB4-CA 4.00% 01-Jan-05 $/wk 1417.50 1488.60 1559.50 1630.20 1984.40 2031.70 2079.30 2126.40
4.00% 01-Jan-06 $/wk 1474.20 1548.10 1621.90 1695.40 2063.80 2113.00 2162.50 2211.50
19
TEACHERS AWARD - NON-GOVERNMENTAL SCHOOLS F/N
Current Rate Annual
F/N
4.5% from 01.01.2004 Annual
F/N
4% from 01.01.2005 Annual
F/N
4% from 01.01.2006 Annual
Band 1 Step 1 Step 2 Step 3 Step 4
1,357.60 1,397.30 1,445.90 1,497.10
35,419 36,455 37,721 39,059
1,418.70 1,460.20 1,510.90 1,564.50
37,013 38,095 39,419 40,816
1,475.50 1,518.60 1,571.40 1,627.10
38,494 39,619 40,995 42,449
1,534.50 1,579.40 1,634.20 1,692.20
40,034 41,204 42,635 44,147
Step 1 Step 2 Step 3 Step 4 Step 5
1,540.10 1,625.50 1,711.10 1,796.40 1,882.10
40,179 42,408 44,640 46,866 49,102
1,609.40 1,698.70 1,788.10 1,877.20 1,966.80
41,987 44,316 46,649 48,974 51,311
1,673.70 1,766.60 1,859.60 1,952.30 2,045.50
43,666 46,089 48,515 50,933 53,364
1,740.70 1,837.30 1,934.00 2,030.40 2,127.30
45,413 47,933 50,455 52,971 55,498
Step 1 Step 2 Step 3 Step 4
1,953.30 2,024.70 2,096.10 2,167.30
50,961 52,823 54,684 56,542
2,041.20 2,115.80 2,190.40 2,264.80
53,254 55,200 57,145 59,087
2,122.90 2,200.50 2,278.00 2,355.40
55,384 57,408 59,431 61,450
2,207.80 2,288.50 2,369.10 2,449.60
57,600 59,704 61,808 63,908
65.60
1,710
68.50
1,787
71.30
1,859
74.10
1,933
131.10
3,420
137.00
3,574
142.50
3,717
148.20
3,866
Band 2
Band 3
AST1 Master Teacher
TEACHERS AWARD - NON-GOVERNMENTAL SCHOOLS - PROMOTIONAL POSITIONS CERTAIN GRAMMAR SCHOOLS – INDUSTRIAL AGREEMENT
Senior Administrator Minimum Senior Administrator Maximum
4.5% from 4% from 4% from Current Rate 01.01.2004 01.01.2005 01.01.2006 F/N Annual F/N Annual F/N Annual F/N Annual 2,577.50 67,244 2,693.50 70,270 2,801.20 73,081 2,913.30 76,004 2,811.40
73,347
2,937.90
76,648
3,055.50
79,714
3,177.70
82,902
2,319.20 2,376.70 2,435.00 2,493.60 2,552.10
60,479 62,004 63,527 65,056 66,582
2,422.50 2,483.60 2,544.60 2,605.80 2,667.00
63,201 64,795 66,386 67,984 69,578
2,519.40 2,582.90 2,646.40 2,710.10 2,773.60
65,729 67,386 69,041 70,703 72,361
2,620.20 2,686.30 2,752.20 2,818.50 2,884.60
68,358 70,082 71,803 73,531 75,256
2,276.90 2,327.60 2,378.00 2,428.60 2,479.40
59,401 60,725 62,041 63,359 64,686
2,379.30 2,432.30 2,485.10 2,537.90 2,591.00
62,074 63,457 64,832 66,210 67,597
2,474.50 2,529.60 2,584.50 2,639.40 2,694.70
64,557 65,996 67,426 68,859 70,301
2,573.50 2,630.80 2,687.80 2,745.00 2,802.40
67,139 68,635 70,123 71,613 73,113
65.60 98.10 130.70 163.40 196.10
1,710 2,560 3,410 4,262 5,115
68.50 102.60 136.60 170.70 204.90
1,787 2,675 3,563 4,454 5,345
71.30 106.70 142.10 177.60 213.10
1,859 2,782 3,706 4,632 5,559
74.10 110.90 147.70 184.70 221.60
1,933 2,894 3,854 4,818 5,781
Head of Dept Admin PAR 3A, 3 B Step 1 Step 2 Step 3 Step 4 Step 5 Admin 2 PAR 2 Step 1 Step 2 Step 3 Step 4 Step 5 Teacher in Charge Admin 1 Step 1 Step 2 Step 3 Step 4 Step 5
20
SCHOOL OFFICERS INTERIM AWARD - STATE 4.5% from 01.01.2004
Current Rate F/N
Annual
F/N
Annual
4% from 01.01.2005 F/N
Annual
4% from 01.01.2006 F/N
Annual
Level 1 Step 1 Step 2 Step 3 Step 4
1,065.70 1,090.30 1,114.20 1,138.70
27,803 28,444 29,068 29,708
1,113.70 1,139.30 1,164.30 1,190.00
29,054 29,724 30,376 31,045
1,158.20 1,184.90 1,210.90 1,237.60
30,216 30,913 31,591 32,286
1,204.50 1,232.30 1,259.30 1,287.10
31,425 32,150 32,855 33,578
Step 1 Step 2 Step 3
1,162.70 1,196.10 1,211.30
30,334 31,206 31,600
1,215.00 1,250.00 1,265.80
31,699 32,610 33,022
1,263.60 1,300.00 1,316.40
32,967 33,915 34,343
1,314.20 1,352.00 1,369.10
34,286 35,271 35,717
Step 1 Step 2 Step 3 Step 4
1,211.30 1,239.70 1,296.00 1,332.30
31,600 32,342 33,812 34,758
1,265.80 1,295.50 1,354.40 1,392.20
33,022 33,798 35,334 36,322
1,316.40 1,347.30 1,408.50 1,447.90
34,343 35,150 36,747 37,775
1,369.10 1,401.20 1,464.90 1,505.90
35,717 36,556 38,217 39,286
Step 1 Step 2 Step 3
1,356.70 1,392.90 1,429.10
35,394 36,340 37,284
1,417.70 1,455.60 1,493.40
36,987 37,975 38,962
1,474.40 1,513.80 1,553.20
38,466 39,494 40,520
1,533.40 1,574.40 1,615.30
40,005 41,074 42,141
Step 1 Step 2 Step 3
1,477.70 1,514.10 1,550.40
38,552 39,500 40,448
1,544.20 1,582.20 1,620.20
40,286 41,277 42,268
1,606.00 1,645.50 1,685.00
41,898 42,929 43,959
1,670.20 1,711.30 1,752.40
43,574 44,646 45,718
Step 1 Step 2 Step 3 Step 4 Step 5
1,599.50 1,686.60 1,773.90 1,862.50 1,947.70
41,729 44,000 46,278 48,592 50,815
1,671.50 1,762.40 1,853.70 1,946.40 2,035.40
43,607 45,980 48,360 50,779 53,101
1,738.30 1,833.00 1,927.80 2,024.20 2,116.80
45,351 47,820 50,295 52,810 55,225
1,807.90 1,906.30 2,004.90 2,105.20 2,201.50
47,165 49,732 52,307 54,922 57,434
Level 2
Level 3
Level 4
Level 5
Level 6
21
APPENDIX 2 SPORT COORDINATORS Current Rate
SP1.1 SP1.2 SP1.3 SP1.4 SP1.5
Annual 1,710 2,560 3,410 4,263 5,115
4.5% from 01.01.2004 Annual 1,787 2,675 3,563 4,455 5,345
4% from 01.01.2005 Annual 1,859 2,782 3,706 4,633 5,559
4% from 01.01.2006 Annual 1,933 2,893 3,854 4,818 5,781
CO CURRICULAR COORDINATORS Current Rate
CA1 CA2 CA3 CA4 CA5
Annual 591 1,182 2,364 3,546 4,728
4.5% from 01.01.2004 Annual 618 1,235 2,470 3,706 4,941
4% from 01.01.2005 Annual 642 1,285 2,569 3,854 5,138
4% from 01.01.2006 Annual 668 1,336 2,672 4,008 5,344
22
APPENDIX 3 BGGS POLICIES and PROCEDURES ROSTERED DAYS OFF
026/2002
TABLE OF CONTENTS Entitlement ................................................................................................................................................... 22 Eligibility...................................................................................................................................................... 22 Leave Absences and Leave Accumulation................................................................................................... 22 Leave Applications....................................................................................................................................... 22 Approving Authorities.................................................................................................................................. 23 Record Keeping............................................................................................................................................ 23
Entitlement 1.
A Rostered Day Off (RDO) entitlement is based on a staff member working 40 hours per week where the hours worked are over a period of 5 days (Monday – Friday) (8 hours per day).
Eligibility 2.
Eligibility for RDO’s is subject to the Principal’s discretion. Eligibility is confirmed in writing (normally in a member’s letter of appointment). As a general guide eligibility ceases on appointment to Assistant Business Manager level (or equivalent).
Leave Absences and Leave Accumulation 3.
The following guidelines apply: a.
Subject to a supervisor’s discretion, RDO's may be allowed to accumulate to a maximum of three (3) days.
b.
Accumulated RDO entitlements are not permitted to be carried over beyond a Term Break. Where this does not occur the Principal has the discretion to direct staff to take leave to reduce/erase any outstanding RDO entitlements. When directed, the timing of such leave will be at the School’s convenience.
c.
Because the length of the Term 1 break is normally shorter than others, RDO leave applications across this period are to receive special attention to avoid disruption to the School’s activities. Subject to a supervisor’s discretion, leave absences outside this period may be necessary.
d.
Staff rostered for switchboard duties are to notify the Principal’s Secretary five working days in advance of their intention to take leave. Switchboard requirements have priority over RDO leave applications and relief arrangements must be in place for the period of any absence.
e.
RDO's will not be approved in advance of a member's entitlement.
f.
Accumulated RDO entitlements (maximum of 3 days) may be included with applications for annual leave.
Leave Applications.
23
4.
The following arrangements apply: g.
RDO applications are to be submitted using the School's leave application form.
h.
Applications are to be submitted (in advance) to immediate supervisors for recommendation prior to approval.
Approving Authorities 5.
6.
Approving authorities for RDO applications are: •
Principal
•
Deputy Principal
•
Assistant Principal (Administration)
•
Heads of Faculties and Departments
•
Business Manager
•
Assistant Business Manager (Finance)
•
Assistant Business Manager (Facilities)
Approving authorities are responsible to ensure RDO arrangements are approved and managed according to these guidelines.
Record Keeping 7.
8.
The following arrangements apply: i.
The RDO entitlement equates to a total of 12 days per calendar year, and for administrative convenience is the basis on which the Pay Office calculates staff entitlements.
j.
Adjustments to entitlements may be made where a staff member is absent on approved leave such as sick, compassionate, special or long service leave exceeding 10 (continuous) working days. Under this provision, adjustments to entitlements will be retrospective and notified to staff on the commencement of a new calendar year. Adjustments may be waived at the Principal's discretion.
The Pay Office is responsible to maintain a record of RDO entitlements and absences and provide details to staff on request.
24
APPENDIX 4 BGGS POLICIES and PROCEDURES TIME OFF IN LIEU
030/2002
Introduction 1.
The School’s Enterprise Bargaining Agreement provides for the payment of overtime where General Staff have been authorised to work in excess of the ordinary hours of work.
2.
The Agreement also provides for the School and the employee to mutually agree for the employee to take approved leave equivalent to the number of hours worked using the overtime rate, ie Time Off in Lieu (TIL).
Guidelines - Leave Applications and Approvals 3.
TIL applications and approvals are to made in accordance with the following guidelines: •
Approval to work hours that will form the basis of a TIL entitlement/application must be obtained in advance from the appropriate approving authority.
•
Prior approval may be granted verbally or in writing, for example, email approval.
•
A TIL Leave application is to be submitted within three working days after the occurrence.
•
Entitlements are to be taken within ten (10) working days of the occurrence.
•
Entitlements are not permitted to accumulate without the Principal’s approval. In the absence of such approval, entitlements not taken within the specified time frame shall lapse.
•
Staff may be directed by an Approving Authority to take TIL leave at the School’s convenience.
Overtime Entitlement 4.
The School and an employee may mutually agree for the employee to take Time Off In Lieu calculated on the number of hours worked using the overtime rate.
Approving Authorities 5.
Approving authorities for TIL Leave applications are: •
Principal
•
Deputy Principal
•
Assistant Principal (Administration)
•
Head of Faculty / Department
•
Business Manager
•
Assistant Business Managers (Finance)
•
Assistant Business Managers (Facilities)
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6.
Approving authorities are responsible to ensure the hours of work required are essential to the School’s needs and that TIL leave arrangements are approved and managed according to these guidelines.
Record KEEPING 7.
The Pay Office is responsible to maintain a record of TIL entitlements and leave absences and to provide details to staff on request.
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APPENDIX 5 BGGS POLICIES and PROCEDURES ACADEMIC APPOINTMENTS CALCULATION OF PART TIME SALARIES AND ENTITLEMENTS
046/2002
TABLE OF CONTENTS Introduction .................................................................................................................................................. 27 Aim 27 BGGS Policy ............................................................................................................................................... 27
General............................................................................................................................................27 Philosophy ......................................................................................................................................27 Application and Review ............................................................................................................................... 27 Duties , Supervisions and Other School Commitments ............................................................................... 27
Duties and Supervisions.................................................................................................................27 Other School Commitments...........................................................................................................28 The BGGS Ratio System.............................................................................................................................. 28
Calculation of the Ratio..................................................................................................................28 Salary ..............................................................................................................................................28 Entitlement - Superannuation.........................................................................................................29 Entitlement – Leave (All Categories) ............................................................................................29 Entitlements (Leave Loading)........................................................................................................29 Variations to Teaching Load..........................................................................................................29 Administration.............................................................................................................................................. 29 Letters of Appointment ................................................................................................................................ 29 Salary Comparisons - Award Entitlements and BGGS Ratio System.......................................................... 29
Comparative Examples ..................................................................................................................29 Assumptions ...................................................................................................................................30 General.......................................................................................................................................30 Award Provisions ......................................................................................................................30 BGGS Ratio System..................................................................................................................30 Award System - 1 ..........................................................................................................................30 Award System - 2 ...........................................................................................................................30 BGGS Ratio System.......................................................................................................................31
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Introduction 1.
The entitlements for the payment of salaries to academic staff are enshrined in the Teachers Award – Non Government Schools (The Award) for which the employee representative body is the Queensland Independent Education Union (QIEU). The Award endorses two systems for the calculation of part-time salaries however they are considered limited in that it does not reflect the Brisbane Girls Grammar School’s (BGGS) views on the need for a system that provides flexibility, minimises administration and recognises the contribution of part-time staff vis-à-vis their full-time contemporaries.
Aim 2. The aim of these guidelines is to detail the BGGS policy for the calculation of part-time (academic) salaries and entitlements and to provide a documented record to ensure consistency of application and a basis for future reviews BGGS Policy General 3. BGGS endorses the need for a simple and equitable system for the calculation of salary and entitlements for part-time academic staff through a process referred to as the Ratio System. The system provides a simple and transparent method of calculation that provides advantages over the QIEU endorsed Award. Philosophy 4. The Ratio System has the following considerations embedded in its philosophy: That part-time staff should under-take the same responsibilities outside a BGGS classroom as full-time staff, but on a proportional basis That part-time staff be encouraged to feel they are an integral part of the School’s organisation in all aspects including the wider life of the School. Acknowledgement that a part-time teacher’s commitment to teaching, preparation time, duties and supervisions equates to that of a full-time teacher Application and Review 5. The Ratio System is to apply with effect 1 January 2003 and will be subject to regular reviews. These reviews are to ensure BGGS staff are not disadvantaged in regards the provisions of the QIEU endorsed Award. Duties , Supervisions and Other School Commitments Duties and Supervisions 6. The following guidelines apply: The School is committed to an even-handed and consistent approach in determining the eligibility of part-time staff for duties and supervisions. Duties and supervisions will be determined based on the Ratio System. For example, where a full-time teacher is expected to take 2ppc in supervisions then a part-time teacher (Ratio of 0.5) would be expected to take 1ppc. There is no additional remuneration for duties and supervisions. Duties and supervisions would not be allocated prior to, or after a part-time teacher’s normal daily teaching timetable. For example, a part-time teacher timetabled to teach in periods 2, 4 and 5 on a day would not expect to receive a supervision in periods 1 or 6, but may receive one in period 3 or a duty at morning tea.
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Other School Commitments 7. The following considerations apply: As part of their professional development and commitment to the interests of their students, a part-time teacher is expected to attend: faculty meetings staff meetings parent-teacher interviews student assemblies However, the School is empathetic to a part-time teacher’s timetable and would not expect, for example, the teacher to attend the School especially for an assembly if no lessons are timetabled for that day. However, the School would expect the teacher to attend a parentteacher interview irrespective of timetabling considerations. There is no additional remuneration for these commitments.
A part-time teacher’s attendance at special activities such as School Open Day and Speech Day will be left to the teacher’s discretion. There is no additional remuneration paid for attendance. Part-time staff will be provided with advance notice of the (maximum) number of duties and supervisions that may be anticipated during their approved timetable. Notification of this information is the responsibility of the Dean of Administration. The BGGS Ratio System Calculation of the Ratio 8. The BGGS Ratio System is based on a combination of the following assumptions: •
An average full-time staff member teaches 42 periods in a possible 60 period cycle (ie 21 periods per week or 42 periods per two weeks (cycle)
•
An average full-time English, Mathematics or Science teacher would be expected to teach 5 classes. Of these, an average class combination would comprise 3 Junior and 2 Senior classes, ie: 3 Junior Classes @ 8ppc = 24ppc 2 Senior Classes @ 9ppc = 18ppc Total teaching periods = 42ppc (Note: One Junior Class = 8 periods per cycle (ppc) and one Senior Class = 9 ppc)
From the above assumptions, 42ppc translates into a base figure representing the teaching commitments for an average (full-time) teacher •
A part-time teacher’s ratio is calculated by comparing the number of timetabled periods against the base of 42ppc. Example: A part-time teacher is timetabled for 2 Junior classes and 1 Senior class in English, ie 2 Junior Classes @ 8ppc = 16ppc 1 Senior Class @ 9ppc = 9ppc Total part-time teaching = 25ppc The part-time teacher’s ratio is 25 divided by 42 = 0.59 Full Time Equivalent (FTE)
Salary
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9.
Under the Ratio System a part-time teacher’s salary is calculated by applying their ratio against the salary of a full-time teacher with similar qualifications and experience. The result is the part-time teacher’s annual salary entitlement, and is payable fortnightly (including approved adjustments to the ratio) throughout the period specified in the teacher’s letter of appointment.
Entitlement - Superannuation 10. Superannuation is calculated based on the part-time teacher’s salary (see previous paragraph) and is payable fortnightly. Entitlement – Leave (All Categories) 11. Leave is calculated by applying the ratio against the entitlements of a full-time teacher Entitlements (Leave Loading) 12. Leave Loading is calculated using the standard rate of 17.5 per cent of the part-time teacher’s salary for the period (in weeks) of their annual leave entitlement Variations to Teaching Load 13. Under the ratio system a part-time teacher’s ratio can be recalculated at any time to reflect approved changes to their teaching load (+ / -). For example, a part-time teacher may be asked to teach an extra class whilst a colleague is on extended leave. 14.
In these instances, the part-time teacher’s load (ratio) and their salaries and leave entitlements are able to be adjusted to reflect variations as they occur.
Administration 15. Responsibility for the administration and review of these guidelines is the Principal through the Dean of Administration and the Assistant Business Manager (Finance). As a general guide: The Dean of Administration is responsible to ensure the guidelines of this policy are followed and to bring anomalies to Principal’s attention. The Assistant Business Manager (Finance) is responsible to ensure payroll records correctly record salary and leave entitlements based on the Principal’s letters of appointment and variations to teacher load. No time sheets are required to be submitted. Letters of Appointment 16. Letters of appointment for part-time staff are the responsibility of the Principal and are issued based on the School’s best knowledge of timetabling commitments at the time of preparation. Variations to teacher load may occur and in these instances the School will formally notify the staff members of changes to their load (ratio). 17.
Letters of appointment and formal notifications for changes to a part-time teacher’s load form the authority on which the Pay Office updates a part-time teacher’s salary, superannuation and leave entitlements.
Salary Comparisons - Award Entitlements and BGGS Ratio System 18. Salary comparisons between the QIEU endorsed Award provisions and the BGGS Ratio System are available on request from the Pay Office. Comparative Examples 19. The following examples (3) are based on: The two methods of entitlements contained in the QIEU endorsed provisions of the Teachers Award – Non Government Schools (Part-Time Teachers). (As the Teachers Award is subject to regular amendment the two methods of calculating entitlements for part-time
30
teachers are not stated in these guidelines. For full details of the two methods of calculation please refer to the latest copy of the Award held in the Accounts Office) The BGGS Ratio System Assumptions 20. The following assumptions and calculations are used (where applicable) in the examples that follow. General
•
Timetable
•
2. 10 Periods per week (50 minute periods) plus the part-time penalty allowance of 20 per cent (see below) = 10 hours
•
Salary
Band 3 Step 4 - $50,795 (as at January 2001)
•
F/N Salary
$1,947 ($50,795 / 26.089 weeks)
•
School Year
40 weeks
1.
10 Periods per week (50 minute periods) = 9 hours 10 minutes
Award Provisions
•
Base - 30 Hours per Week (The number of hours specified in the Award for a Full-Time teacher to be present in the School)
•
Part-time teacher’s allowance for corrections, assessments, and evaluations = 20 per cent of time, ie 1 hour in 5 hours. A time table of 10 periods (50 minutes per period) per week including the part-time allowance of 20 per cent = 10 hours
•
Casual Loading – 23 per cent (wef 2 April 2002)
•
Hourly Rate (1/53rd of F/N Rate) = $1,947 / 53 = $36.74
BGGS Ratio System
21.
•
Base (see above) = 42 ppc
•
Ratio for 10 periods per week, ie 20 periods pfn = (20/42) = 0.476
Both the Award and BGGS Ratio System examples that follow are based on a timetable of 10 periods per week
Award System - 1 22. Calculations are based on use of the hourly rate of pay plus the casual loading (hours include provision for the part-time allowance for corrections, assessments and evaluations) •
Number of Hours pfn (including time allowance) = 10 x 2 = 20 hours pfn
•
Hourly Rate of Pay - $36.74
•
Hourly Rate of Pay plus Casual Loading (23 per cent) = $45.19
•
Annual Salary (School Year of 40 weeks) = $18,076 ($903.80 pfn – 40 weeks)
•
Leave Entitlements (provision is contained in the 23 per cent Casual Loading) No payments are made for statutory holidays, school vacation periods or days absent from duty because of illness or any other reason.
•
Superannuation – Calculated on the annual/fortnightly salary
Award System - 2 23. Calculations are based on use of the hourly rate of pay (no casual loading). •
Number of Hours pfn (including time allowance) = 10 x 2 = 20 hours pfn
•
Hourly Rate of Pay - $36.74
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•
Annual Salary (School Year of 40 weeks) = $14,696 ($734.80 pfn – 40 weeks) (plus leave entitlements based on the provisions of the following paragraph)
•
Leave Entitlements for sick leave and vacation periods are based on the average weekly hours of employment
•
Superannuation – Calculated on the annual/fortnightly salary
BGGS Ratio System 24. Time table of 10 periods per week (20 periods pfn) / base of 42ppc) = Ratio of 0.476 •
Annual Salary = 0.476 x $50,795 = $24,178 ($926.75 pfn – 12 months)
•
Leave Entitlements are pro-rata that of a full-time teacher based on the teacher’s ratio
•
Superannuation – Calculated on the annual/fortnightly salary
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Attachment B I, Terence Patrick Burke, the deponent, of Queensland Independent Education Union, 346 Turbot Street, Spring Hill, make oath as follows – 1. I am the General Secretary of Queensland Independent Education Union and I am authorised under the Act and rules to make this affidavit. 2. The agreement, attachment A is not for a new business, a project agreement or a multi-employer agreement. 3. The agreement is made with four employee organisations. 4. The full names and addresses of the employee organisations are – Queensland Independent Education Union of Employees 346 Turbot Street, Spring Hill, Qld, 4000 Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees 74 Astor Terrace, Spring Hill, Qld, 4004 Queensland Nurses’ Union of Employees 56 Boundary Street, West End, Qld, 4101 Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland 366 Upper Roma Street, Brisbane, Qld, 4000 5. The employer, Brisbane Girls’ Grammar School of Gregory Terrace, Brisbane is in the education industry. 6. The name of the designated awards are the: • Teachers’ Award – Non-Governmental Schools; • Teachers’ Award - Non-Governmental Schools – Promotional Positions Certain Grammar Schools Industrial Agreement; • School Officers’ Award – State; • Miscellaneous Workers’ Award – State; • Nurses’ Award – State; and • Building Products, Manufacture and Minor Maintenance Award – State. 7. The address at which the employees to be covered by the agreement are employed is at 5 above. 8. The number of female employees to be covered by the agreement is 132. 9. The number of male employees to be covered by the agreement is 47. 10. The number of apprentices to be covered by the agreement is nil. 11. The number of trainees to be covered by the agreement is nil.
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12. The name and address of the employer to be bound by the agreement is Brisbane Girls’ Grammar School, Gregory Terrace, Brisbane. 13. This document is not a project agreement. 14. The persons who negotiated the agreement were: Kristine Cooke, Head Librarian, Brisbane Girls Grammar School Graeme Lakey, Facilities Officer , Brisbane Girls Grammar School Sandy Griffiths, Secretary, Brisbane Girls Grammar School Julie Hennessey, Teacher, Brisbane Girls Grammar School on behalf of the employees; and Helen Twohill, Industrial Adviser Felicity Williams, Deputy Principal, Brisbane Girls Grammar School John Pietzner, Business Manager, Brisbane Girls Grammar School on behalf of the employer. 15. The average percentage by which the wages of the employees to be covered by the agreement will increase under the agreement compared with wages before the agreement is 4.16% increase. 16. The average percentage by which the wages of the employees to be covered by the agreement will not decrease. 17. The nominal expiry date of the agreement is 31 December 2006. 18. The steps taken to ensure compliance with section 143 of the Act were that QIEU advised the other proposed parties to the agreement on 11 February 2003 that it was our intention to negotiate an agreement. Negotiations did not commence until at least 14 days after this advice was given. 19. The steps taken to ensure compliance with section 144 were that employees were provided with a copy of the proposed agreement more than 14 days before the ballot and were provided with an explanation regarding the effects of the proposed agreement. The results of the ballot were 121 accepting the ballot, 7 rejecting, nil informal and nil non-returns. 20. This is not a project agreement. 21. The employer did not coerce, or attempt to coerce, any relevant employee not to make a request to a relevant employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement. 22. The employer did not coerce, or attempt to coerce, any relevant employee into withdrawing a request made by the employee to a relevant employee organisation for the relevant employee organisation to represent the employee in negotiating the agreement. 23. The procedures for preventing and settling disputes are set out in clause 4.19. 24. There is no further information in support of this application.
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25. The requirement of s156(1)(1)(i) of the Act is meet because the employer remunerates all men and women employees of the employer equally for work of equal or comparable value. 26. The agreement, to the best of my knowledge and belief, passes the ‘no disadvantage test’ under chapter 6, part 1, division 3 of the Act. I swear that the facts set out above are true. (Signature)
Deponent
SWORN by the deponent at before me
on
(Signature)
[Justice of the peace] [commissioner for declarations] [lawyer] (other)