/AG2012_-_1426 by Dave Tehan

[2012] FWAA 4172

DECISION Fair Work Act 2009 s.185â&#x20AC;&#x201D;Enterprise agreement

Bundaberg Christian College Limited (AG2012/1426)

BUNDABERG CHRISTIAN COLLEGE LIMITED COLLECTIVE AGREEMENT 2011 Educational services DEPUTY PRESIDENT SMITH

MELBOURNE, 15 MAY 2012

Application for approval of the Bundaberg Christian College Limited Collective Agreement 2011. [1] An application has been made for approval of an enterprise agreement known as the Bundaberg Christian College Limited Collective Agreement 2011 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bundaberg Christian College Limited. The Agreement is a single-enterprise agreement. [2] I note that the application was lodged out of time. A satisfactory explanation has been provided for the delay. The time for filing the application is extended until 30 April 2012. [3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [4] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations. [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2012. The nominal expiry date of the Agreement is 30 June 2014.

Printed by authority of the Commonwealth Government Printer <Price code J, AE893988 PR523811>

BUNDABERG CHRISTIAN COLLEGE LIMITED

COLLECTIVE AGREEMENT 2011

2 BUNDABERG CHRISTIAN COLLEGE LIMITED COLLECTIVE AGREEMENT 2011 PART 1 – PRELIMINARY 1.1 Title ............................................................................................................................................................. 4 1.2 Agreement Coverage.................................................................................................................................... 4 1.3 Date and Period of Operation....................................................................................................................... 4 1.4 Agreement Posting ...................................................................................................................................... 4 1.5 Single Bargaining Unit ................................................................................................................................ 4 PART 2 – RELATIONSHIP TO AIMS OF THE COLLEGE 2.1 Principles of Operation of the College ......................................................................................................... 5 2.2 Acknowledgment ......................................................................................................................................... 5 2.3 Mission Statement ....................................................................................................................................... 5 2.4 Objectives .................................................................................................................................................... 5 2.5 Confession of Faith ..................................................................................................................................... 5 2.6 Dress Code .................................................................................................................................................. 6 2.7 Lifestyle Clause ........................................................................................................................................... 6 PART 3 – RELATIONSHIP TO SCHEDULES, GRIEVANCE AND DISPUTE SETTLEMENT AND DISCIPLINARY PROCEDURES 3.1 Relationship with Other Industrial Instruments ........................................................................................... 7 3.2 Procedural Process Relating to the Grievance & Dispute Resolution Process ........................................... 7 3.3 Grievance and Dispute Settling Procedure ................................................................................................. 7 3.4 Complaints Against Employees by External Parties ................................................................................... 8 3.5 Workplace Harassment Procedure .............................................................................................................. 9 3.6 Counselling & Disciplinary Procedure ....................................................................................................... 9 3.7 Joint Consultative Committee ................................................................................................................... 11 3.8 Anti-Discrimination ................................................................................................................................... 11 PART 4 – REMUNERATION 4.1 Salary/Wage Increases .............................................................................................................................. 13 4.2 Superannuation .......................................................................................................................................... 13 4.3 Co-Curricular Activities ........................................................................................................................... 13 4.4 Salary Packaging ....................................................................................................................................... 14 4.5 Individual Flexibility.................................................................................................................................. 15 PART 5 – EMPLOYMENT CATEGORIES, HOURS OF WORK, REST PAUSES 5.1 Preamble ................................................................................................................................................... 16 5.2 Employment Contract – All Employees .................................................................................................... 16 5.3 Hours of Work – Non-Teaching Staff Only .............................................................................................. 16 5.4 Flexible Hours – Non-Teaching Staff Only .............................................................................................. 17 5.5 Additional Hours per Year for Special Events – Non Teaching Staff ....................................................... 17 5.6 Rest Pauses – Non-Teaching Staff Only ................................................................................................... 17 5.7 Structure of the Working Year – Teaching Staff Only ............................................................................. 17 5.8 Hours of Duty – Teaching Staff Only ....................................................................................................... 17 5.9 Primary Teachers Non-Contact Time ....................................................................................................... 17 5.10 ELC Ordinary Hours of Work and Rostering ........................................................................................ 18 PART 6 – LEAVE ARRANGEMENTS 6.1 Annual Leave – Non-Teaching Staff Only ................................................................................................ 19 6.2 Additional Leave – Non-Teaching Staff Only ........................................................................................... 19 6.3 Annual Leave – Teaching Staff Only ........................................................................................................ 19 6.4 Personal/Carers Leave................................................................................................................................ 20 6.5 Compassionate Leave ................................................................................................................................ 21 6.6 Leave without Pay ..................................................................................................................................... 21 6.7 Study Leave ............................................................................................................................................... 22 6.8 Community Service Leave ........................................................................................................................ 22

3 6.9 Long Service Leave .................................................................................................................................. 23 6.10 Parental Leave .......................................................................................................................................... 24 6.11 Short Term Mission Work ....................................................................................................................... 26 6.12 Sporting Leave ......................................................................................................................................... 27 6.13 Attendance at Family Wedding ................................................................................................................ 27 PART 7 – TERMINATION, CHANGE & REDUNDANCY 7.1 Notice of Termination ............................................................................................................................... 28 7.2 Termination of Employment – Teaching Staff Only ................................................................................. 28 7.3 Termination of Employment by College – Non-Teaching Staff ................................................................ 28 7.4 Wilful Misconduct – All Staff ................................................................................................................... 29 7.5 Continuity of Service – Transfer of Calling ............................................................................................... 29 7.6 Introduction of Changes & Redundancy .................................................................................................... 30 PART 8 – EFFICIENCY AND EFFECTIVENESS INITIATIVES 8.1 Staff Training and Professional Development .......................................................................................... 33 8.2 Graduate Teacher Induction Policy ........................................................................................................... 33 8.3 Positions of Added Responsibility ............................................................................................................ 34 8.4 Project Teacher ......................................................................................................................................... 34 8.5 Progression to Senior and Experienced Teacher ....................................................................................... 34 8.6 Classification Structure Reviews – College Officers ................................................................................ 34 8.7 Recognition of Service – College Officers ................................................................................................ 34 8.8 Class Sizes ................................................................................................................................................ 35 PART 9 – NON SALARY BENEFITS 9.1 Job Share ................................................................................................................................................... 36 9.2 Immunisation ............................................................................................................................................ 36 9.3 First Aid Certification ............................................................................................................................... 36 9.4 Fee Remission ........................................................................................................................................... 36 9.5 Job Security ............................................................................................................................................... 36 9.6 Outsourcing ............................................................................................................................................... 36 9.7 No Further Claims ...................................................................................................................................... 36 9.8 No Disadvantage ....................................................................................................................................... 36 Signatory Page ................................................................................................................................................ 37 Schedule 1 - Salary/Wage Tables .................................................................................................................. 38 Schedule 2 - Informal Complaints Process ................................................................................................... 41 Schedule 3 - Workplace Harassment Grievance Procedure ........................................................................... 43 Schedule 4 - Review for Unsatisfactory Work .............................................................................................. 47 Schedule 5 - Implementation of Non-Contact Time - Primary Teachers ....................................................... 49 Schedule 6 - Hours of Duty Teachers ............................................................................................................. 51 Schedule 7 - Hours of Duty Calculation Sheet – Primary Teachers ............................................................... 53 Schedule 8 - Positions of Added Responsibility ............................................................................................ 55 Schedule 9 - Job Share Guidelines ................................................................................................................. 58 Schedule 10 - Paid Maternity & Adoption Leave ............................................................................................ 61 Schedule 11- Project Teacher ......................................................................................................................... 63 Schedule 12 - Employment Arrangements – Teaching Staff ........................................................................... 66 Schedule 13 - Employment Arrangements - College Officers ......................................................................... 69 Schedule 14 - Employment Arrangements - Ground Staff .............................................................................. 78 Schedule 15 - Employment Arrangements – Early Learning Centre ............................................................... 82 Schedule 16 - Early Learning Centre – Wage Tables ...................................................................................... 91

4 PART 1 - PRELIMINARY 1.1.

Title This agreement shall be known as the Bundaberg Christian College Limited Collective Agreement 2011

1.2.

Agreement Coverage This agreement shall be binding on the parties, being Bundaberg Christian College Limited of 234 Ashfield Road Bundaberg QLD 4670 (hereafter called the College) and the employees of Bundaberg Christian College Limited whose classifications appear in this agreement (herein after called the employees) and the Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT) and to United Voice-Queensland Branch. Where the term "parties" is used in this agreement it refers to the parties identified in this clause.

1.3.

Date and Period of Operation This Agreement shall be effective 7 days following the date of approval by Fair Work Australia and shall continue to have effect until June 30 2014 or until varied or terminated in accordance with the relevant legislation in place at the time. Where this agreement provides for a benefit to apply from a date earlier than the date of operation, the employer will apply such benefit from the earlier date to all employees employed at that earlier date. Where the Agreement is not varied or terminated in accordance with the relevant legislation, it shall continue to have full effect following its nominal expiry date anniversary, until it is varied or terminated. The parties to this Agreement agree to commence negotiations for its replacement and renewal no later than six (6) months before the nominal expiry date.

1.4.

Agreement Posting A copy of this Agreement shall be exhibited in a conspicuous and convenient place within all staff rooms at the College so as to be easily read by employees.

1.5.

Single Bargaining Unit For the purposes of re-negotiating an Agreement, a Single Bargaining Unit (â&#x20AC;&#x153;SBUâ&#x20AC;?) will be established. The SBU will consist of employee and management representatives. The role of the IEUA-QNT as the Bargaining Representative of its members will be recognised.

5 PART 2 - RELATIONSHIP TO AIMS OF THE COLLEGE 2.1

Principles of Operation of the College The Constitution of the College includes the Principles of Operation of the College.

2.2

Acknowledgment The staff and management acknowledge that the College has a prime purpose which places emphasis on the development of the whole person using God’s word as the standard of truth. The parties of the Agreement acknowledge and work towards the achievement of the College’s Aims as listed in the Articles of Association.

2.3

Mission Statement To provide a Christ Centred Education within a caring environment, equipping children to make a positive impact on the world around them.

2.4

Objectives The agreed objectives of this Agreement are: to maintain and improve productivity, efficiency, flexibility, and effectiveness of the College through the implementation of agreed measures which will significantly increase the performance of the College and offer secure and worthwhile employment for its employees;

2.5



to adopt a consultative and participative approach to implement increased and sustained improvement in performance across all areas of operation of the College;



to develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in education;



to develop management systems and work practices that are capable of assuring all stakeholders of the quality of our services;



to maintain the College as a non-elitist Christian agency of educational services to the community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage;



to maximise the learning outcomes for students through quality learning and teaching; and



to share equitably the benefits of enhanced service delivery among employees and the College community.

Confession of Faith We believe that the Bible is Gods written word divinely inspired and infallible in the original autographs of the thirty nine books of the Old Testament and the twenty seven books of the New Testament in their entirety and we therefore believe that the Holy Spirit supernaturally guided the human authors to write authoritative statements of truth that are the supreme basis for Christian belief and contact. We believe there is one God in whom there are three co-equal and co-eternal persons revealed as the Father, the Son and the Holy Spirit and we believe that God of his own sovereign will created the universe and all that is contained within it. We believe that the Lord Jesus Christ is the uncreated eternally existing only begotten son of the Father and that He became a man conceived by the Holy Spirit born of the Virgin Mary lived a sinless human life offered Himself as the perfect atoning sacrifice upon the cross was raised bodily from the dead and ascended to heaven where He is now seated at the Father’s right hand. We believe that the Holy Spirit co-equal with the Father and the Son is present in the world to convince people of their sin and their need for the Saviour to lead them to repentance and to regenerate and indwell those who believe in Jesus Christ as Lord. We also believe that the indwelling Holy Spirit seeks to enable each believer to live in a manner worthy of his or her calling in Christ by manifesting the fruit of the Spirit in his or her life and bestows at least one spiritual gift

6 upon each believer to prepare him or her for Christian service. We believe that human beings both male & female are in the spiritual image of God and the supreme creatures within his creation. We also believe that through the rebellion of disobedience of the first human beings this image was marred and that all people are now in a fallen sinful and lost condition which has separated them from God and caused disharmony between themselves. We believe that human beings can never make up for their sin by self-improvement or good works and that salvation from the penalty of and consequence of sin is offered as a free gift of God and is found only through a personal acceptance of the substitutionary atoning death and bodily resurrection of the Lord Jesus Christ. We believe that human beings were created to live forever either existing externally separated from God in hell because of sin or living eternally with God because of personal faith in the Lord Jesus Christ. We believe in the actual existence of the devil originally created by God in a perfect state but he chose to rebel against Gods authority and is now the father of all evil and opposed to God and Gods purpose and seeks to tempt Gods people away from the Lord Jesus Christ and that he is ultimately subject to the purposes of God and will be confined forever to hell. We believe that the Church is composed of all believers in the Lord Jesus Christ and finds visible manifestation in each of the local churches. We believe in the future personal return to earth of the Lord Jesus Christ at which time will commence the glorious reign of Christ and then the full realisation of the eternal Kingdom of God. 2.6

Dress Code It is recognised that Employees are role models for students at the College. Therefore their dress, grooming and presentation should be of a high standard reflecting the expectations of the wider community they serve and the high standards set for our students and consistent with College policy. It is a policy of the College that all Employees wear the corporate wardrobe. The Executive Principal shall supervise the administration of this policy. The College will pay 75% of the cost of the corporate wardrobe.

2.7

Lifestyle Clause The College bases its teachings and beliefs on the Bible, both Old and New Testaments, which the College regards as the inspired and inerrant Word of God. These teachings are expounded in many of the Collegeâ&#x20AC;&#x2122;s public and internal documents, both printed and on the Collegeâ&#x20AC;&#x2122;s website, and viewable by staff as part of their appointment process. These documents inform our understanding of the lifestyle values which staff who work in this College are required (subject to the provisions of the Anti-Discrimination Act 1991 (The Act)) to respect and maintain at all times, and should be understood as source documents, defining our doctrines, tenets, beliefs or teachings. All staff of the College, regardless of their role, are required to be seen to conduct themselves in the course of, or in connection with their work, in a manner consistent with these principles and beliefs and in accordance with the Christian ethics of the College, as contained and interpreted in these documents, thus providing a specifically Christian role model and example to all the families associated with the College. It is a genuine occupational requirement (subject to the provisions of the Anti-Discrimination Act) of the College that, consistent with the Act, staff members must not act in a way that they know, or ought reasonably to know, is contrary to the religious beliefs of the College. Nothing in their deliberate conduct should be incompatible with the intrinsic character of their position, especially, but not only, in relation to the expression of human sexuality through heterosexual, monogamous relationships, expressed intimately through marriage. Staff are required to regularly and frequently attend a Christian church. Staff are encouraged to regularly and frequently support Staff Devotions and Staff Worship Services but this is not included in hours of duty. Where any staff member acts contrary to these lifestyle requirements, the Principal may attempt restoration, counsel, discipline and dismiss the employee.

7 PART 3 - GRIEVANCE, DISPUTE SETTLEMENT AND DISCIPLINARY PROCEDURES 3.1

Relationship with Other Industrial Instruments 3.1.1 Industrial Instrument This agreement shall form the complete agreement covering all terms and conditions of employment and it shall operate to the exclusion of any and all other legally binding agreements, awards or any other industrial instruments whatsoever. 3.1.2.2 National Employment Standards Where this agreement is in conflict with, or does not make mention of the National Employment Standards (NES), the NES shall have full and on-going effect.

3.2

3.3

Procedural Process Relating to the Grievance & Dispute Resolution Process The following protocols must be observed by all parties during the Grievance & Dispute Resolution Process. 3.2.1 Wherever possible the matters should be kept confidential to the persons concerned. 3.2.2

Every attempt to resolve the matter should be made at the earliest possible stage of this process. Should the employee not proceed to the next step of the process within 14 days of the previous step being completed, the dispute shall be deemed to be lapsed.

3.2.3

Whilst all of the above procedure is being followed, and until the dispute is resolved, normal work free of any bans, limitations or stoppages, and the status quo existing before the emergence of the grievance shall continue except in a case of genuine health and/or safety issue, or in case of termination of employment.

3.2.4

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.

3.2.5

Once the matter is resolve, the details of the agreed outcome will be recorded and a copy given to each party.

3.2.6

Matters that are considered serious or wilful misconduct will not be required to comply with the steps detailed in clauses 3.2.3 and 3.2.4.

Grievance and Dispute Settling Procedure (DRP) The parties to this agreement agree to participate in the DRP in good faith and in recognition that the satisfactory resolution of any dispute is in the interests of all parties to this agreement. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and a College in respect to any industrial matter and all other matters that the parties agree on and are specified within this agreement and the National Employment Standards. Such procedures shall apply to a single employee or to any number of employees. 3.3.1

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. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.3.6.

3.3.2

An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause.

8 3.3.3

If the grievance or dispute is not resolved under clause 3.3.1, 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 representative.

3.3.5

If the grievance or dispute is still unresolved after discussions mentioned in clause 3.3.3, the matter shall, in the case of a member of the Union, be reported to the relevant officer of the Union by the employee raising the grievance and the senior management of the College. An employee who is not a member of the Union may report the grievance or dispute to senior management or a person of their choice. This should occur as soon as it is evident that discussions under clause 3.3.3 will not result in resolution of the dispute.

3.3.6

If, after discussion between the parties, or their nominees mentioned in clause 3.3.5, 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 to Fair Work Australia.

3.3.7

Fair Work Australia may deal with the dispute in two (2) stages: (a)

(b)

Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.

(Note: If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.) A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 3.3.8

Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.

3.3.9

The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

3.3.10 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Fair Work Australia with a view to the prompt settlement of the dispute. 3.3.11 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 unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act. 3.4

Complaints Against Employees by External Parties All complaints against employees, other than between the College and the employee (i.e.) from parents, students and/or any other external party will, in the first instance, attempt to be resolved using the Informal Complaints Procedure as set out in Schedule 2. After following the Informal Complaints Procedure in Schedule 2, should the College feel disciplinary action is necessary then the Counselling and Disciplinary Procedure as stated in clause 3.6 of this agreement shall be followed.

9 3.5

Workplace Harassment Procedure The parties to this agreement considers any form of workplace harassment or violence in the workplace unacceptable behaviour. Accordingly, a policy statement will be displayed in a conspicuous and convenient place within all staff rooms at the College, so as to be easily read by employees. All employees will receive training at least once per year on the policy and procedures in relation to what is expected of staff in terms of appropriate behaviours and what steps are to be taken if a complaint is made. Designated personnel (Contact Officer) will be appointed to provide information to staff on the possible options they have should they feel that they are being subject to workplace harassment. These people will be trained in dealing with such issues and given time release to deal with any emergent issues as and when required. The procedure at Schedule 3 shall be used in disputes arising from workplace harassment.

3.6

Counselling & Disciplinary Procedure The following Counselling & Disciplinary procedure is to be followed by all parties in relation to issues that are raised by employees of the College as well as concerns raised by parties external to the College. 3.6.1 Informal Counselling Poor performance/conduct must be actively addressed as soon as it is noticed, and long before it affects staff morale and business objectives. The first step in the process is to assist the employee to improve their performance/conduct of their duties. The employee and their immediate supervisor shall meet informally in order to identify the concern and then gain commitment from the employee to reach the required standards. In order to comply with procedural fairness, the supervisor should ascertain whether the employee is aware of the performance gap or the issue relating to the misconduct. The primary focus of this discussion shall be to ascertain whether any further training or other assistance is needed for the employee to perform more effectively. Essentially, a supervisor in the first instance should attempt to improve performance through coaching, rather than progressing to any disciplinary action. If the employee’s performance/conduct does not improve through the above mentioned discussions management has the option of utilising the following counselling and performance management process. 3.6.2 Performance Management Staff counselling involves formal discussions between the appropriate Supervisor and the employee. It is not a step in the formal disciplinary procedure. Counselling should be used to instruct/direct or correct the employee’s actions. The employee must be allowed an opportunity to respond to the allegations and shall be advised that a representative of their choosing may be present during an interview. Following is an example of positive action, which has the intent of reinforcing good behaviour and assist in gaining agreement on acceptable standards. When counselling an employee, a supervisor shall be required to cover the following matters:  instruction – the supervisor is to ensure that the employee knows how to do the job they have been set;  direction – the supervisor is to provide guidance to the employee in the performance of the job. This may require ongoing feedback.  correction – the supervisor is to ensure the employee understands what standard of performance and/or conduct is required The employee shall then be allowed both time and resources to improve their performance and/or conduct. If the employee’s performance/conduct does not improve following the informal counselling and performance management procedure, the following disciplinary procedure will apply.

10 3.6.3 Disciplinary Procedure The College has the legislative right to terminate an employee on the grounds of poor performance or misconduct provided that the termination is carried out in a fair and reasonable manner and that the employee is provided with natural justice. In order to ensure natural justice and procedural fairness, the following procedure shall be followed: Provide the employee with a written account of the issue to be discussed. This written account shall be supported by a verbal explanation. The purpose of which is to ensure the employee is fully aware of the meeting’s focus. Be clear on the date, time, and location of the meeting. Be aware that the employee may not be able to arrange for their support person to be available for a number of days. If the matter to be discussed is serious, management may consider standing the employee aside on full pay, until the matter can properly be discussed. It is recognised by both parties that this action is to only be used in matters that may have a serious consequence. First Warning The employee shall be told as soon as possible of any unsatisfactory performance or conduct. The relevant supervisor will be designated to discuss the issue with the employee and if required, will outline how the employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and where possible, provided by the College. The employee will be given the opportunity to respond to any allegations. A review date may be set. If the employee is not able to satisfy management following their reply, they shall be provided with a verbal formal warning. The person conducting the meeting will keep notes of the conversations, have them typed out and a copy forwarded to the employee for comment. If the employee does not believe the document to be a true and correct record, they have the right to appeal. Second Warning Should the employee continue with their unsatisfactory performance or conduct the employee will be given notice to attend a second meeting and will have the right to respond to the allegations. If the employee is not able to satisfy management following their reply, they will be provided with a verbal formal warning. This verbal warning will be supported by a written warning detailing the allegation of unsatisfactory performance or conduct and the action required of the employee to meet the required standard. The letter may also state that “any further unsatisfactory performance or misconduct may result in further disciplinary action, up to and including termination of employment. The Employee may request the presence of a support person or representative. The aim of the meeting will be to resolve the issues/s and if required, to identify the steps that need to be taken to improve to meet the standard. A review date may be set. Possible Termination of Employment If the employee continues to exhibit unsatisfactory performance or conduct. Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to put his/her case forward in defence. Once the Employee has received counselling and two warnings and still has not demonstrated an ability to correct the unsatisfactory performance or conduct. The employee shall be requested to ‘show cause’ as to why their employment should not be terminated. Management shall make a decision based on the evidence and shall either formally discipline the employee or terminate the employment of the employee. Summary Dismissal In cases of serious or wilful misconduct that could lead to termination of employment a thorough

11 investigation should be conducted into the misconduct. While this investigation is taking place the employee should be “stood aside” on full pay. Investigation should be completed as soon as practicable to allow the employee the opportunity to respond to the allegations. An interview should be conducted according to the above stated procedures and the employee shall be informed that they have the right to be represented at the meeting or have a support person available. If the responses are not satisfactory, and other alternatives for discipline have been considered, the employee may be dismissed. At this time the employee should be advised of the reason for their dismissal, and the time and date the dismissal is effective. 3.7

Joint Consultative Committee The Joint Consultative Committee (JCC) at the College will address issues and provide advice to the College management regarding matters which may arise from implementing initiatives agreed on in this agreement. The objectives of the JCC are:  to provide a co-operative approach to the implementation of the terms of this agreement;  to provide a mechanism for employees to have input into decisions that affect their working lives, thus providing a more satisfying work environment;  to assist in the planning and implementation of any changes that may occur in work practices; and  to recommend items to be included in the renewal of this agreement. In fulfilling the above stated responsibilities the JCC will have the authority to constitute individual “Working Parties” to investigate certain matters and provide a written report on their findings and recommendations to the JCC. Nothing in this agreement shall be read as requiring the JCC or College management to implement any, part or all of the findings of individual “working parties”. Timing of Meetings  the JCC will meet as a minimum at least once each College term.  the Executive Principal on their own authority or on request from a member of the JCC may require the JCC to meet as and when required.  the Executive Principal may call an exceptional meeting on reasonable grounds up to a maximum of 4 per term. Any further meetings will be held by mutual agreement. The Joint Consultative Committee will reflect the staffing structure of the College and would generally include: a) b)

1 Union member elected by the QIEU College Chapter. The Union member will be drawn from the 3 members stated in 3.7 (b). 3 members, with one member elected from the primary teachers, secondary teachers and nonteaching staff.

Depending on availability of staff, a minimum quorum for meetings shall be one person from (a), one person from (b) and two management representatives. When appropriate, other relevant personnel may be co-opted for input on specific issues. 3.8

Anti-discrimination It is the intention of the parties to this Agreement to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991(Qld) as amended from time to time, which includes: 

 

discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade Union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes; sexual harassment; and racial and religious vilification.

12 Under the Anti-Discrimination Act 1991 (Qld) it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment. Nothing in clause this clause is to be taken to affect: ď&#x201A;ˇ any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; ď&#x201A;ˇ an employee, College or registered organisation, pursuing matters of discrimination, including application to the Human Rights and Equal Opportunity Commission, Anti-Discrimination Commission Queensland.

13 PART 4 - REMUNERATION 4.1 Salary/Wage Increases Timothy 5:18 – For the Scripture says, “Do not muzzle the ox while it is treading out the grain” and “The worker deserves his wages.” 4.1.1 Salary/Wage Increase Salary and wage rates up to the nominal expiry date of this agreement are detailed in Schedule 1and 15 of this agreement. Annual salary and wage increase for employees covered by this agreement shall be effective from the following dates. (a) (b) (c)

1st increase 1 July 2011 2nd increase 1July 2012 3rd increase 1 July 2013

4.1.2 Payment of Salaries/Wage An employee’s salary/wage shall be paid fortnightly by electronic funds transfer to a bank account of the employee’s choice or any other way as mutually agreed between the employee and the College. 4.2

Superannuation The College agrees to offer each employee a choice of two superannuation funds: Christian Superannuation Fund or the industry fund Qld Independent Education and Care Superannuation Trust (QIEC). This sub-clause shall have no effect on employees who, at the 1st of July 2008 have their superannuation contributions forwarded to another fund. Provided that by mutual agreement between the College and the Employee, the Employee shall be provided with choice of funds. Only one complying superannuation fund may be chosen by each employee. The employee may change their superannuation fund at 1 July each year provided one month’s notice is given including all details of the new fund. The default fund where an employee does not nominate a fund after 3 months will be the Christian Superannuation Fund. The College will remit personal contributions to each superannuation fund within 28 days of the deduction being made. The parties agree that contributions required to be made by the College shall be in accordance with the provisions of the Superannuation Guarantee legislation, which is currently 9% of ordinary earnings. In addition to the 9% the College shall contribute a further 1% into an employee’s nominated superannuation fund.

4.3

Co-Curricular Activities Employees are able to undertake extra-curricular activities to the benefit of the College as well as themselves. Co-curricular activities will be divided into the following categories. The gross dollar value of the activity will be paid to the employee in the last pay period of each term. The JCC will make recommendations to the Executive Principal on which activities are included in each category. Activity A B C D

Indicative Hours 25 50 75 100

Amount Payable $200 $400 $600 $800

Nothing in this agreement will be deemed to limit an employee’s right to provide any or all of the above stated activities on a voluntary “no-fee” basis. An individual employee seeking remuneration is to make written application to the Executive Principal prior to commencing a Co-Curricular Activity. The Executive Principal is to notify the employee of their decision in writing. An individual employee may make written application to the Executive Principal, or the Executive Principal on their own volition may vary the amount payable above the minimum requirement. Employees will receive remuneration for a maximum of one activity per term based on the above

14 amounts to a maximum amount of $1,000 per year. Accordingly, any subsequent or other activity will be voluntary and the employee will receive no extra payment. 4.3.1 Camping Allowance It is a condition of employment that teaching staff are required to attend 1 camp per year to a maximum of three nights when requested, without any further remuneration. Following attendance at the first camp any subsequent attendance at a camp shall be paid as follows. Where an employee is directed to spend at least one night away from their usual place of residence to attend a camp or where other arrangements are in place or are agreed with the Executive Principal, the employee shall receive a flat allowance of $75.00 per night for each night they are required to remain at camp and away from their usual place of residence. For the purpose of this clause a night is defined as being from 6:00 pm through until 6:00 am the following day. To avoid doubt this means that to attract the allowance employees are required to spend that full time at camp. Where an employee is unable to fulfil the requirements of 4.3.1 due to exceptional circumstances, this can be discussed with the Executive Principal. 4.4

Salary Packaging 4.4.1

The College agrees to provide salary packaging over and above that available through increased superannuation contributions.

4.4.2

Components that may be subject to salary packaging arrangements shall be specified by the College and may include, but are not limited to: mobile phones; laptop computers; selfeducation expenses; motor vehicles; childcare expenses; work related equipment; accident or income protection insurance premiums; technical journal subscriptions; uniforms; protective clothing; union fees or professional association fees. The College shall notify in writing (as per the guidelines in 4.4.1 above) those items which may be included in the salary package.

4.4.3

Where agreement is reached between the College and the employee, salary packaging arrangements may be made between the individual employee and the College and shall be recorded in writing.

4.4.4

Where such an agreement is reached, the employee's total salary shall be reduced by an amount equivalent to that agreed between the College and employee plus any relevant tax liability including fringe benefits tax incurred by the College.

4.4.5

The employeeâ&#x20AC;&#x2122;s salary used to calculate superannuation contributions, leave loading, long service leave, severance and termination payment entitlements, will be the gross base salary as per Schedule 1 of this Agreement the employee would receive if not taking part in the salary packaging arrangement.

4.4.6

The maximum amount allowable for salary packaging purposes shall be in accordance with the provisions of the Australian Taxation Office and salary packaging arrangements may be altered once per annum.

4.4.7

The College reserves the right to outsource the administration of salary packaging arrangements to a provider appointed by the College.

4.4.8

The College will meet the cost associated with the transmission of approved funds to the service provider. The costs of administration will be borne by the employee in regard to their own package.

4.4.9

Where the College determines that it will internally administer the salary packaging, the costs borne by the employee will be consistent with the costs of administering the elements in the package and will be consistent with that which would be charged by an outsourcer for an equivalent package.

4.4.10 Notwithstanding the foregoing, the costs of administration of salary packaging for the purpose of superannuation only shall be met by the College.

15 4.5

Individual Flexibility 4.5.1 The College and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the College and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the College and employee. 4.5.2

The College must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made.

4.5.3

The College must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the College and employee; and (c) is signed by the College and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences.

4.5.4

The College must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

4.5.5

The College or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the College and employee agree in writing â&#x20AC;&#x201D; at any time.

4.5.6.

The College shall keep the agreement in their time and wages records. Except as provided for in this clause (4.5.3 c)) the agreement shall not require the approval or consent of a person other than the College and the individual employee.

4.5.7

A College seeking to enter into an agreement shall provide a written proposal to the employee. Where the employeeâ&#x20AC;&#x2122;s understanding of written English is limited the College shall take measures to ensure the employee understands the proposal.

16 PART 5 - EMPLOYMENT CATEGORIES, HOURS OF WORK, REST PAUSES 5.1

Preamble Due to the Christian ethos that the College strives to promote, all employees are encouraged to regularly and frequently support Staff Devotions and Staff Worship Services. As this is seen as an act of faith on the part of the employee, the time spent at devotions and/or Worship shall not be counted as paid hours, nor be regarded as directed duties. 5.1.1 Contract of Employment Each employee (other than a casual employee) shall be advised of the following in writing at the point of engagement or at any other time when their employment status is varied.     

5.2

the nature of the engagement as either full-time or such other category as provided in clause 5.2. if not full-time, the weeks the employee is to be employed. the days of the week the employee is to be employed. the normal starting and finishing time for each day's employment. the duration of the engagement in respect of employment for a fixed period.

Employment Contract – All employees 5.2.1 Full-time Employee A full-time employee is one engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum. 5.2.2 Part-time Employee A part time employee is an employee engaged to work a constant number of ordinary hours of less than 38 ordinary hours per week on the basis of 52 weeks per annum and is paid an hourly rate for ordinary hours worked equal to the appropriate weekly full-time rate divided by 38. 5.2.3 Term-time Employee A term-time employee is a continuing employee engaged to work up to 38 ordinary hours per week but less than 52 weeks per annum. 5.2.4 Casual Employee A casual employee is one who is: 

employed by the hour for a maximum period of 20 working days on any one engagement and receives a loading of 25% on the ordinary hourly rate of pay. Casual employees do not accrue annual or personal/carers leave.



paid an hourly rate equal to one thirty-eighth of the weekly rate for a full-time employee plus the abovementioned loading.

5.2.5 Fixed Period Employee A fixed period employee is one engaged to work 38 ordinary hours or less per week with a specified commencement and cessation date. Provided that a fixed period employee may be engaged for a period of up to 52 weeks in respect of any one engagement. 5.3

Hours of Work – Non-Teaching Staff Subject to the provisions of this agreement the ordinary hours of work for an employee shall not exceed 38 hours per week. The scope of the ordinary hours of work under this agreement shall be between the hours of 7:00 a.m. and 6:00 p.m. on Monday to Fridays inclusive or on such other terms as agreed at the point of engagement or subsequently changed by mutual agreement. The normal starting and finishing times of ordinary hours shall be established at the point of engagement and may only be varied by the College with 2 weeks’ notice, or shorter period by mutual agreement.

17 Where the College requires an employee to work either before the starting time or after the finishing time set for ordinary hours, the employee shall be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time. Wherever possible this provision should not apply to additional hours worked as part of the College program as stated in clause 5.5 of this agreement 5.4

Flexible Hours – Non-Teaching Staff By mutual agreement between the College and the individual employees concerned, employees are able to work their ordinary hours of work at any time suitable to the employee between the hours of 7:00 am and 6:00 pm. Provided that the hours’ work, except for meal breaks are consecutive.

5.5

Additional Hours per Year for Special Events – Non Teaching Staff There shall also be an additional quantum of twelve hours per year which will be required of all nonteaching staff (other than staff employed at the Early Learning Centre) for attendance at special activities for particular groups (e.g. year level, whole College, special interest group activities). This shall be notified in writing at least one term in advance. Part-time staff shall be required on a prorata basis in relation to the ordinary hours worked.

5.6

Rest Pauses – Non-Teaching Staff Full-time employees shall receive a paid rest pause of 10 minutes’ duration in the first half and the second half of each day worked. Employees other than full-time employees who work a minimum of 4 consecutive ordinary hours but not more than 6 consecutive ordinary hours on any one day shall receive a rest pause of ten minutes’ duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of ten minutes’ duration in the first half and the second half of the period worked. Such rest pauses shall be taken at such times as will not interfere with the continuity of work where continuity is necessary. Notwithstanding the foregoing, where the College and the employees agree the rest pauses may be combined.

5.7

Structure of the Working Year – Teaching Staff The length of the working year for teachers shall not exceed 41 weeks, being made up of 39 teaching weeks and 2 weeks of in-service. This may only be adjusted by consultation with staff via a majority vote. Teachers shall not be disadvantaged in terms of quantum of required duty over the number of working weeks. The number of student-free days scheduled during term time may be used for the following purposes:  planning and preparation prior to the commencement of the College year by students;  internal professional development on College policies, practices and procedures; o curriculum development and planning; and o finalisation of reporting and completion of the formalities of the academic year, after the students complete the College year.  In all but exceptional circumstances, the timing of student-free days within College term time should be set in advance and advertised to teachers at the beginning of each year.

5.8

Hours of Duty – Teaching Staff The hours of duty for teachers shall be notified at least one semester in advance, with a written statement outlining hours of duty for each teacher. The directed hours of duty are described and quantified in Schedule 6 of this Agreement.

5.9

Primary Teachers Non-Contact Time Teachers in the primary and early childhood departments of the College, shall be entitled to 2 hours per week of non-contact time aggregated as necessary for periods of up to one college term. This clause is to be interpreted in line with Schedule 5 of this Agreement.

18 5.10

ELC Ordinary Hours of Work and Rostering The ordinary hours of work of full-time employees shall be an average of 38 hours per week over a one, two or four week cycle. Ordinary hours will be worked in periods not exceeding eight hours, in unbroken periods save for meal breaks, between Monday and Friday. By agreement between the College and an employee, an employee may be rostered to work up to a maximum of 10 hours in any one day. Ordinary hours may be worked between 6.00 am and 6.30 pm. Where broken shifts are worked the spread of hours can be no greater than 12 hours per day. 5.10.1 Rostered time off for full-time employees The method of rostering the 38 hour week may be by any of the following:    

by employees working less than eight ordinary hours per day; by employees working less than eight ordinary hours on one or more days each week; by rostering employees off on various days of the week during the work cycle; or by accumulating rostered days off with a maximum of five such days being taken consecutively at times mutually convenient to the employer and the employee.

In the absence of agreement at a workplace in respect to rostering of the 38 hour week the provisions of the Grievance and Dispute Resolution procedure at clause 3.3 shall apply. 5.10.2 Non-contact time An employee responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children shall be entitled to a minimum of two hours per week, during which the employee is not required to supervise children or perform other duties directed by the College, for the purpose of planning, preparing, evaluating and programming activities. Wherever possible non-contact time should be rostered in advance. 5.10.3 Rostering The College shall post a legible roster at a place readily accessible to employees indicating the rostered hours of work. Rostered hours shall only be changed after seven days’ notice has been given. In the absence of such notice overtime shall be paid until seven days have transpired from the date the notice was given, unless by mutual agreement between the College and employee the notice period is waived, shortened or due to an emergency outside of the College’s control. Where an employee is required to stay beyond their rostered hours because a parent fails to arrive on time to collect a child this shall not be regarded as an emergency and shall be treated as overtime. 5.10.4 Hours of work—out-of-school hours An employee in an out-of-school hours care service or ELC may be employed as a term-time employee to work:   

only the school education weeks of the year as defined; an average of 38 ordinary hours per week of the school education year; or less than an average of 38 hours per week of the school education year.

All entitlements for term-time employees are no less than those for none term-time employees, except that no ordinary wages are payable for the weeks the employee is not engaged to work.

19 PART 6 - LEAVE ARRANGEMENTS 6.1

Annual Leave – Non Teaching Staff & ELC Employees 6.1.1 Entitlements Full-time permanent employees shall be entitled to 152 hours of paid annual leave at the completion of each year of service. Part-time, term-time, and fixed period employees shall accrue annual leave on a pro-rata basis in relation to that of a full time employee. An employee’s entitlement to paid annual leave accrues progressively during a year of service at the rate of 0.076923 hours per ordinary hour of work and shall accumulate from year to year. Due to the nature of the employment contract casual employees shall not accrue any annual leave. Annual leave shall be taken by all employees during College vacation periods unless otherwise agreed between the College and employee. Annual leave shall be exclusive of any statutory holiday that occurs during the period. 6.1.2 Leave in Advance By mutual agreement with the College, the employee may take annual leave wholly or partly in advance before the employee has become entitled to annual leave. Where this occurs and the employee does not remain in the employ of the College for a sufficient time for the leave to accrue, the College shall deduct, with the written agreement of the employee, an amount of money equivalent to any outstanding annual leave the employee still has owing from the employee’s final pay. 6.1.3 Annual Leave Loading Annual leave pay (including any proportionate payments) shall comprise of the employee’s ordinary wage rate as prescribed by this agreement for the period of the annual leave and a further amount calculated at the rate of 17.5% of the employee’s ordinary wage rate. 6.1.4 Entitlements on Termination Should an employee either resign or be dismissed from their employment they shall be paid for all accrued annual leave due. Such leave will be paid at the hourly rate the employee was receiving immediately before the resignation or termination. If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to all other amounts due to the employee, an amount equal to one-twelfth of ordinary pay for the period of employment calculated in accordance with the above clause. 6.1.5 Notification Employees are encouraged to take their annual leave within 3 months of the annual leave fully accruing and where an employee accrues in excess of 6 weeks annual leave the College may direct the employee to take such leave on the provision of 4 weeks’ notice. Employees shall be required to provide the College with 4 weeks’ notice of their intention to take annual leave unless otherwise agreed between the College and the employee. This leave would usually take place during school vacation time.

6.2

Additional Leave – Non Teaching Staff In recognition of employee support and participation as stated in clause 5.5 in the College Program, all non-teaching staff (other than staff employed at the Early Learning Centre) shall be entitled to 1 paid day away from work per term. In addition to the above, all full-time non-teaching staff as defined in clause 5.2.1 shall be entitled to paid time away from work between Christmas and the New Year. This shall be in addition to public holidays and annual leave provided elsewhere in the agreement.

6.3

Annual Leave – Teaching Staff 6.3.1 Entitlement A Teacher upon appointment shall be paid as from the date upon which the Teacher commenced duty, provided that a Teacher who has taught (or has been granted leave by the College) for each day of the College year at the College shall be paid as for a full calendar year commencing on 1st January.

20 A Teacher who ceases Duty before completing 10 teaching weeks of employment shall be paid in lieu of vacation pay an amount equal to 1/12th of their ordinary pay for the period of employment. A Teacher who ceases Duty after at least 10 teaching weeks of employment shall be paid the proportion of the Teacher's annual salary of that year that the Teacher's service excluding College vacations bears to a standard College year. Provided that such proportion of salary shall be calculated on the salary which the employee was receiving immediately before cessation of employment. A standard year shall be deemed for the purposes of this clause shall be 41 weeks. 6.3.2 Annual Leave Loading Payment for annual leave taken shall attract an additional loading of 17.5% on the ordinary hourly rate of pay the employee was being paid immediately before the annual leave commences. A Teacher who resigns or whose services are terminated by the College for any reason shall be paid in addition to their accrued annual leave a loading of 17.5% on that accrued annual leave. Payment of accrued annual leave as well as the loading shall be paid at the salary or ordinary hourly rate the Teacher was on immediately prior to cessation of employment. A standard year shall be deemed for the purposes of clause 6.3.2 to be 41 weeks. 6.4

Personal/Carer’s Leave 6.4.1 Entitlement Full-time employees shall accrue 10 days paid personal/carers leave for each year of continuous service with the College. Part-time, Term-time and Fixed Period employees shall accrue personal/carers leave on a pro-rata basis in relation to the ordinary hours worked. Employees shall accrue this type of leave progressively throughout a year of service. Unused personal/carer’s leave is cumulative from year to year; however it shall not be paid out on termination. Due to the nature of the employment contract casual employees shall not accrue any personal/carers leave. Personal/carers leave is available to employees if they are sick or injured or are required to care for a member of their immediate family or household. 6.4.2 Definition of Immediate Family For the purpose of this clause the term “immediate family” includes the spouse (including a former spouse) of the employee and an adult child (including an adopted child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. Where an employee plans to take personal/carers leave they are required to contact the College as soon as practicable and inform the College of the approximate time they shall be away from work. The College reserves the right to require an employee to take an amount of personal leave if, in the opinion of the College, the employee is suffering from an illness or injury that precludes the employee from carrying out their duties or assigned tasks as required. Should an employee be required to take personal leave at the College’s request, the amount of leave taken shall be debited from the employees personal/carers leave accruals. Accrued personal/carer’s leave entitlements may be transferred between employees, with the approval of the Executive Principal, provided that written agreement of both parties is obtained. 6.4.3 Personal Leave To be entitled to paid personal leave an employee must provide the College with notice as soon as practical and documentary evidence from a state registered medical practitioner, or other document suitable to the College, such as a statutory declaration. The document must state the time the employee shall be away from the workplace due to illness or injury and documentary evidence is required for all personal leave claimed in excess of 2 days. Provided that where the College has sufficient cause to believe that the claim for personal leave payment for any of the 2 days is not valid, the College may require proof of such sickness or illness. Provided further that where an employee takes personal leave immediately before or after a weekend, public holiday or rostered day off, the employee may be required to provide the necessary

21 documentary evidence. Where an employee is unable to provide such documentation, they may not receive payment for the day/s claimed. 6.4.4 Paid Carers Leave To be entitled to paid carer’s leave an employee must provide the College with notice and documentary evidence from a registered medical practitioner as soon as reasonably possible or other document suitable to the College, such as a statutory declaration. The document must state that for the duration of the carers leave the employee is required to provide care or support to a member of their immediate family or household and documentary evidence is required for all carers leave claimed in excess of 2 days. Provided that where the College has sufficient cause to believe that the claim for carers leave payment for any of the 2 days is not valid, the College may require proof of such sickness or illness. Further provided that where an employee takes carers leave immediately before or after a weekend, public holiday or rostered day off they may be required to provide the necessary documentary evidence. Where an employee is unable to provide such documentation, they may not receive payment for the day/s claimed. 6.4.5 Unpaid Carer’s Leave All employees, including long-term casual employees shall be entitled to 2 days unpaid carers leave per occasion. Provided that unpaid carers leave is only available to employees if they have exhausted all paid carers leave. Entitlement to unpaid carers leave shall be contingent on the employee providing the College with the same notice and documentation as is required for paid carers leave. The employee shall, where practicable give the College notice prior to the absence of the intention to take leave, which would include the name of the person requiring care and their relationship to the employee, the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the College by telephone of such absence at the first opportunity on the day of absence. 6.5

Compassionate Leave 6.5.1 Entitlement Full-time employees shall be entitled to a single, unbroken period of 3 days paid leave or 3 separate periods of 1 day each of paid leave per occasion. Part-time, Term-time and Fixed Period employees shall be entitled to paid pro-rata compassionate leave commensurate to the employee’s roster if a member of the employee’s immediate family or household:  contracts or develops a personal illness that poses a serious threat to their life; or  sustains a personal injury that poses a serious threat to their life; or  dies. Entitlement to compassionate leave is contingent on the employee providing the College with any evidence that the College reasonably requires of the illness, injury or death. 6.5.2 Unpaid Compassionate Leave An employee may apply for unpaid compassionate leave when a member of the employee’s immediate family or household in Australia dies and the period of compassionate leave provided above is insufficient. The granting of unpaid leave is discretionary, but will not be unreasonably withheld. 6.5.3 Casual Employees Due to the nature of the employment contract, where casual employees are entitled to take compassionate leave commensurate to the employee’s roster, they shall not receive any payment for such leave taken.

6.6

Leave without Pay Employees may apply for leave without pay from their position at the College for any reason. The College will consider applications for leave without pay, and may accept or reject applications at their discretion.

6.7

6.8

Study Leave 6.7.1 The college agrees to subsidise any approved study program (at the discretion of the Executive Principal), by reimbursement of up to 50% of associated subject fees, upon successful passes being obtained in each completed subject, payable upon completion of the course. 6.7.2

In addition to 6.7.1 above, and subject to the operational requirements of the College, upon completion of 5 years continuous service an employee may be granted up to 12 months unpaid study leave. Application for such leave must be in writing 3 months prior to such leave being taken from the employee. Such leave shall be available at a time agreed upon by both the Executive Principal and employee and shall not count as service with the College.

6.7.3

Further, in addition to 6.7.1 and 6.7.2 above, an employee may apply to the College for a study bursary amount that will be determined by negotiation between the parties. The course of study must be beneficial to developing the Collegeâ&#x20AC;&#x2122;s ethos and curriculum. Staff must apply in writing before June of the year preceding their intended leave. Staff who access this, agree that they must return to full time employment at Bundaberg Christian College for a period of at least 18 months upon completion of the year, or otherwise repay in full any monies received.

6.7.4

Any degree courses undertaken by employees which receive subsidy (as in 6.7.1 above), but who do not receive the bursary amount (as outlined in 6.1.2 above) it is agreed that the employee will serve an additional 18 months after the completion of the degree.

6.7.5

Any study leave applied for is subject to the approval of the Executive Principal.

Community Service Leave 6.8.1 Jury Leave A full-time employee required to attend for jury service during ordinary working hours shall not suffer any loss of pay for the time they are undertaking jury service. Part-time, Term-time and Fixed Period employees who are rostered to work on a certain day and are required to attend for jury service during ordinary working hours shall not suffer any loss of pay for the time they are undertaking jury service. Where a casual employee is entitled to jury leave they shall not receive any payment for such leave. 6.8.1.1 Reimbursement The employee shall reimburse the College the total amount they receive from the court or any other person for attendance at jury service, other than a meal allowance. 6.8.1.2 Notification An employee shall notify the College as soon as possible of the date upon which attendance for jury service is required. Further, the employee shall provide to the College proof of attendance, the duration of such attendance and the amount received in respect of such jury service. 6.8.1.3 Payment to Employees (other than casuals) on Jury Service An employee called on to carry out jury service and subject to subclause 6.8.1.1 and 6.8.1.2 shall be entitled to be paid at their ordinary hourly rate of pay for the employeeâ&#x20AC;&#x2122;s ordinary hours of work in the period. 6.8.1.4 Evidence In order to receive payment the employee is required to provide the College with evidence that would satisfy a reasonable person that the employee has taken all necessary steps to obtain the amount of jury service pay to which they are entitled and of the total amount of jury service paid. 6.8.1.5 Other Court Appearances Where an employee is required to attend court in a matter relating to their employment at the

23 College, leave with pay is available for the required duration upon application to the Executive Principal. Where an employee is required to attend court for a reason not relating to their employment at the College, unpaid leave to facilitate attendance may be granted on application to the Executive Principal. This clause is not applicable to an employee who is required to attend Court as a witness, litigant. 6.8.1.6 Excused Jury Service Nothing in this clause shall prevent the College from contacting the appropriate officer at the court requesting that the employee be excused jury service due to work requirements. 6.8.2 Emergency Service Activity An employee who engages in an eligible community service activity is entitled to be absent from their place of employment for: (a) the time the employee is engaged in the activity; (b) reasonable travelling time associated with the activity; (c) reasonable rest time immediately following the activity; and (b) the employee’s absence is reasonable in all the circumstances. 6.8.2.1 Notice and Evidence Requirements An employee who will be absent from their employment for Community Service Leave is required to provide the College with notice of the absence. 6.8.2.2 Notice Employees are required to give notice to the College as soon as practicable, which may be a time after the absence has started in the case of Community Service Activity Leave. The employee must advise the College of the period, or expected period, of the absence. 6.8.2.3 Evidence An employee who has given his or her College notice of an absence under this clause must, if required by the College, give the College 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. 6.9

Long Service Leave 6.9.1 Entitlement A permanent full time employee of the College staff accrues long service leave at the rate of 1.3 weeks for each year of service. All other employees shall be entitled to pro-rata long service leave in relation to their ordinary hours worked. Provided that such entitlement is calculated in the same proportion as the time actually worked bears to full-time employment at an identical rate. Long service leave entitlement is calculated in hours using the formula: Actual Service (in Hours) 13 ________________________ X ______ 52 10 The entitlement of employees covered by this Agreement to long service leave shall then be as follows:  for an employee with 10 years continuous service – 13 weeks; and  for an employee with an additional 5 years continuous service a further 7.5 weeks ; and  for an employee with a second additional 5years continuous service a further 7.5 weeks; and  pro rata long service leave shall accumulate after 5 years continuous service at the above mentioned rates. Employees are required to take their full accrual of long service leave within 2 years after the full entitlement has been accrued. Provided that by agreement with the Executive Principal Long service leave can be taken at a later date.

24 An employee shall become entitled to take accrued Long Service Leave time upon completion of 7 years’ service with the College. The minimum period of long service leave which will be granted at any one time is 4 weeks. Any shorter applications for long service leave shall be granted at the Executive Principal’s discretion. An employee may be granted personal/carers leave for sickness whilst on long service leave, if they have an entitlement to personal/carers leave, upon the production of a doctor's certificate. The granting of sick leave whilst an employee is on long service leave is at the Executive Principals discretion. 6.9.2 Vacation Periods A period of long service leave granted to an employee will not be reduced by any part of a College vacation to which the employee is entitled. However, statutory public holidays occurring during the period when the leave is taken will be included for long service leave calculations. 6.9.3 LSL Application Except in exceptional circumstances approved by the Executive Principal, an employee shall be required to provide the College with 3 months written notice of their intention to access their Long Service Leave entitlement. At this time, the employee shall state the amount of leave required and the commencement date of long service leave. Approval of long service leave shall be subject to the approval of the Executive Principal, after consultation with the employee, to defer or curtail the period of long service leave sought to avoid undue detriment to the operation of the college. By mutual agreement between the Executive Principal and employee and at the request of the employee only, employees may be permitted to accept half pay over the double period of long service leave time otherwise entitled to. 6.9.4 Payment of Long Service Leave on Resignation, Retirement or Death An employee who resigns or terminates their employment and was at the effective date of termination of employment entitled to long service leave, shall be paid such long service leave so entitled in accordance with Clause 6.9.1. Long service leave payment shall be calculated on the salary applicable at the date of resignation or termination. An employee who retires and has completed at least 5 years of continuous service shall be paid such long service leave so entitled. Payment will be calculated on the salary applicable at the date of retirement in accordance with Clauses 6.9.1. If an employee who has an entitlement to long service leave dies before taking the amount of long service leave accrued or they die whilst on long service leave.  the College shall pay to the employee's personal representative, a sum calculated on the salary applicable at the time of death equal to that prescribed by Clauses 6.9.1 for the period of long service leave not taken.  in the event that the employee dies whilst on long service leave, the College shall pay an amount equal to that which the employee would have received from that date of death of the employee to the completion of the approved long service leave. 6.9.5 Pro Rata Long Service Leave At the completion of 5 years of continuous service, an employee who resigns, retires, dies or has their services terminated (other than for misconduct or poor performance, as determined through application of clause 3.6.3) shall receive payment of accrued long service leave in accordance with clauses 6.9.1 of this Agreement. At the completion of 7 years of continuous service, employee who resigns, retires, dies or has their services terminated shall receive payment of accrued long service leave in accordance with Clauses 6.9.1 of this Agreement. 6.9.6 Enhanced Conditions of Employment and Workers with Family Responsibility The parties acknowledge that the aims of efficiency, effectiveness and equity can be furthered by increased flexibility and improvements in working arrangements.

25 6.10

Parental Leave An eligible employee (see subclause 6.10.1 below) is entitled to 52 weeks of unpaid parental leave. This period of unpaid parental leave shall be reduced by any period of authorised leave taken by the employee (such as annual leave or long service leave), and any other parental leave taken by the employees spouse (other than a period of one week from the birth or three weeks in the case of

adoption). The College shall grant unpaid parental leave in accordance with the National Employment Standards (NES), Part 2.2, Division 5 of the Fair Work Act 2009. A copy of the NES are available on request to the College. Periods of unpaid parental leave shall not count as service for the purpose of accruing leave entitlements but shall not break the employee’s continuity of service. 6.10.1 Parental Leave Definitions Parental leave refers to maternity, paternity and adoption leave. An eligible employee includes (i) a full time or part time employee who has completed 12 months continuous service with the College; and (ii) a casual employee who has been employed on a regular and systemic basis for a period (or sequence of periods) of at least 12 months. (iii) an employee is not entitled to access the 5 days from their accumulated personal carer’s leave in relation to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption: (a) is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child; and (b) has not, or will not have, lived continuously with the employee for a period of 6 months or more as at the day of placement, or the expected day of placement, of the child; and (c) is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner 6.10.2 Transfer to Safe Job (a) Where, in the opinion of a medical practitioner, an illness, or risks arising out of an employee’s pregnancy, or hazards connected with the employee’s usual work, make it inadvisable for that employee to continue her usual position, the College must: (i) where it is reasonably practicable to do so, transfer the employee, without loss of pay or other entitlements, to another position with duties that can be performed for the duration of the pregnancy; or (ii) permit or require the employee to take paid leave for the certified period necessary by the medical practitioner where it is not reasonably practicable to transfer the employee to a safe job. (b) Upon returning to work after a period of parental leave, the employee shall be entitled to their original position which they held prior to being transferred to a safe job (or reasonably comparable position as per the return to work guarantee). 6.10.3 Return to Work Guarantee (a) When returning to work from parental leave, the employee is entitled to return to: (i) the position they held before taking the leave (ii) a position that is reasonably comparable to the position they held immediately prior to commencing parental leave. The employee’s ordinary rate of pay shall not be reduced as a result of accepting a comparable position. c) An eligible employee is entitled to a maximum of 52 weeks parental leave (including the paid leave component), provided that such leave does not extend beyond the child’s first birthday. (d) In the case of eligible fixed period employees the period of leave is determined by the remainder of the employee’s current term of engagement except where it is established that the position will continue on into the next year, in which case a payment for four (4) weeks maternity or adoption leave shall be made.

26 (e)

With the exception of special circumstances, the period of maternity or adoption leave shall be unbroken.

6.10.4 Unpaid Parental Leave of up to Two Years (a) An employee may extend the initial period of unpaid parental leave for up to 12 months by giving the College written notice of the extension at least 4 weeks before the end date of the original leave period. The notice must specify the new end date for the leave which must not extend beyond the child’s second birthday. (b) Provided that employees who are granted unpaid parental leave for more than one year recommence employment at the beginning of the last semester prior to the expiration of the two (2) year period. Leave, once granted over twelve months, may only be altered with the College’s consent. (c) With the agreement of the College, employees may work on a part time basis during this period, without any compromise to their pre-existing employment status. 6.10.5 Paid Parental Leave (a) The parties agree that employees may access up to 5 days from their accumulated personal/carer’s leave entitlements on the birth of the child or the adoption of the child. This provision is available to both male and female employees at the point of becoming new parents. Where an employee accesses up to the 5 days personal/carer’s leave, they shall not be required to provide the College with documentary evidence to support their claim. (b) Employees shall be entitled to parental leave in accordance with Part 2.2, Division 5 of the Fair Work Act 2009. In addition to the provisions of the NES male employees are entitled to 5 days paid paternity leave related to the birth of their children. (c) The period of leave may commence on the date of the birth of the child (if this is a work day); or on a later date nominated by the employee within one month of the birth of the baby or the adoption of a child. 6.10.6 Paid Maternity Leave (a) Employees shall receive 6 weeks’ paid maternity and/or adoption leave. The terms contained in Schedule 10 or this agreement should be read in conjunction with Part 2.2, Division 5 of the Fair Work Act 2009. Employees will have the choice of: (i) taking 6 weeks paid maternity leave; or (ii) taking 12 weeks at half the amount the employee would have received if they had taken 6 weeks paid leave. (iii) the College recognises that, under certain circumstances, fixed period employees may be eligible to apply for maternity or adoption leave. (iv) Where an employee satisfies the requirements in relation to twelve months continuous service or for the long term casual one (1) year equivalent service, that employee will be eligible for maternity or adoption leave and therefore paid leave in accordance with these procedures (b) The Federal Government’s paid parental leave scheme, implemented consistent with the legislation, shall not diminish the provisions of this clause. (c) Superannuation, and all other employee entitlements, continue to accrue during the Collegefunded part of an employee’s period of paid parental leave referred to in clause 6.10. 6.10.7 Paid Maternity Leave Payment An employee who has been granted maternity or adoption leave shall be entitled to be paid for the 6 weeks at the rate of pay applying to the employee immediately prior to taking maternity or adoption leave. Payment for maternity or adoption leave shall be made incrementally on the employees usual pay day or as otherwise agreed between the employee and the College. 6.11

Short Term Mission Work. The College recognizes and supports staff members who wish to participate in Short Term Mission work both within Australia and also in overseas locations. As part of BCC’s Christian ethos, of supporting others, staff who participate in such mission work are entitled to one weeks’ paid leave

27 per calendar year and further Leave Without Pay up to 2 weeks leave, a total leave provision being 3 weeks, subject to the following requirements: Short Term Mission work is described as participation with a recognized group in ‘mission’ activities, in Australia and/or overseas. Examples of such a recognized group are (but not limited to); Church bodies or organisations and Youth with a Mission. Staff wishing to participate in Short Term Mission work, during College term time, must apply in writing to the Executive Principal giving a minimum of 3 months’ notice unless otherwise agreed. Staff may attach this leave to other recognized leave entitlements and documentation from the organizing body, outlining the timing, and nature of the mission work must be provided to the Executive Principal with the initial application. All leave is subject to the Executive Principal’s approval, giving consideration to the requirements for the effective operation of the College. No leave though will be unreasonably refused. 6.12

Sporting Leave An employee (other than an employee employed at the Early Learning Centre) who is selected as a competitor, team manager or team coach at a state, national or international major sporting event may apply for paid leave to attend such an event. For the purposes of this clause, a major sport is one that has at least a registered minimum membership in Australia of 10,000 or is listed as a recognised sporting event at the Olympic or Commonwealth Games. Employees may access up to a maximum of 5 paid working days per calendar year, non- cumulative, for the purpose of participation, necessary travel to and/or from the competition and mandatory periods of training. An employee may apply for any additional leave required either on the basis of other accrued leave available to the employee or as Leave Without Pay. The employee must provide documentary evidence of selection by the recognised governing body and the period for which participation of the employee is required with the application for sporting leave. All leave is subject to the Executive Principal’s approval, giving consideration to the requirements for the effective operation of the College. No leave though will be unreasonably refused.

6.13

Special Leave Employees shall have the option of applying for special leave without pay or utilising a days’ Personal/Carer’s leave where they wish to attend an occasion of significant importance. Examples of such events may be the wedding of an immediate family member as defined in sub clause 6.4.2 of this Agreement. Occasions not specifically mentioned may be considered and consultation with the principal regarding this should occur at the earliest opportunity. In order to attract payment for Personal/Carer’s leave an employee is required to make the request for Personal/Carer’s leave in writing at least four days prior to the scheduled day off or as otherwise agreed with the College.

28 PART 7- TERMINATION, CHANGE & REDUNDANCY 7.1

Notice of Termination Notice of termination of employment by either the College or the Employee shall be in accordance with the following. The College shall, in the event of termination of employment, provide a written statement specifying the period of employment and the classification or type of work performed by the Employee.

7.2

Termination of Employment – Teaching Staff 7.2.1 Full-time Teaching Staff Both the College and a teacher who are employed as a full-time or fixed-term employee undertake to provide the other party with 1 months’ notice of termination or resignation. The College may elect to pay an employee any or all of the notice period in lieu of the employee working out their notice. If the Teacher fails to provide the College with the required notice, the College shall have the right to withhold monies due to the Teacher with a maximum amount equal to the amount the Teacher would have earned for the period of notice 7.2.2 Part-time Teaching Staff Both the College and a Teacher who are employed as a part-time employee undertake to provide the other party with 2 weeks’ notice of termination or resignation. The College may elect to pay an employee any or all of the notice period in lieu of the employee working out their notice. If the Teacher fails to provide the College with the required notice, the College shall have the right to withhold monies due to the Teacher with a maximum amount equal to the amount the Teacher would have earned for the period of notice 7.2.3 Casual Teaching Staff Due to the casual nature of the employment relationship, both parties are able to terminate the contract of employment on the provision of 2 hours’ notice. If the College fails to provide a casual Teacher with the required notice, the College shall pay the Teacher an amount equal to the amount the employee would have earned had the Teacher worked the notice period. If a casual Teacher fails to provide the required notice, the College shall have the right to withhold monies due to the Teacher with a maximum amount equal to the amount the Teacher would have earned for the period of notice. This clause (7.2) shall not apply to any employee summarily dismissed without notice.

7.3

Termination of Employment by College – Non-Teaching Staff 7.3.1 Notice Period In order to terminate the employment of a Full-Time, Part-Time or Fixed-Term Employee (prior to their tenure being completed), the College shall provide the following notice: Period of Continuous Service less than 1 year 1 year and up to the completion of 3 years 3 years and up to the completion of 5 years 5 years and over

Period of Notice 5 working days 10 working days 15 working days 20 working days

In addition to the above notice Employees over 45 years of age at the time of giving notice and with not less than two years continuous service, shall be entitled to an additional one (1) weeks’ notice. Provided that the above notice period shall not apply to a fixed-term or temporary employee who is completing their employment with the College. Payment in lieu of notice shall be made if the appropriate notice is not given. Provided that the employment may be terminated by part of the period of notice specified and part payment in lieu thereof. In calculating any payment in lieu of notice the employee’s relevant ordinary time rate of pay shall be used. Any accrued entitlements, such as annual leave, minus any leave loading, due to the Employee, shall be paid to the Employee at termination. The period of notice in this sub-clause shall not apply in the case of dismissal for serious misconduct or other grounds that justify instant dismissal. The period of notice in clause 7.3.1 shall not apply in the case of dismissal for wilful misconduct or other grounds that justify instant dismissal.

29 7.3.2 Resignation of Employment by Employee – Non-Teaching Staff An employee shall be required to provide the College with two weeks’ notice in writing of their intention to resign from their position. If an employee fails to provide the College with the required notice, the College shall have the right to withhold monies due to the employee to a maximum amount equal to the ordinary rate of pay the employee would have earned during the period of notice. The above notice period shall not apply to a fixed-term or temporary employee who is completing their employment with the College. In calculating any payment in lieu of notice the employee’s relevant ordinary time rate of pay immediately before resignation shall be used. Any accrued entitlements, such as annual leave due to the Employee, shall be paid to the Employee at termination. 7.3.3 Casual Employees Due to the casual nature of the employment relationship, both parties are able to terminate the contract of employment on the provision of 2 hours’ notice. If the employer fails to provide a casual employee with the required notice, the employer shall pay the casual employee an amount equal to the wages the casual employee would have earned had the casual employee worked the notice period. If a casual employee fails to provide the required notice, the employer shall have the right to withhold monies due to the casual employee with a maximum amount equal to the wages the casual employee would have earned for the period of notice. 7.4

Wilful Misconduct – All Staff The College reserves the right to terminate an employee, without notice if the employee in the course of their employment engages in wilful misconduct. For the purpose of this clause wilful misconduct shall include, but not be limited to:  commission of a crime (as per the Criminal Code) whilst in the course of employment; or  drunkenness or drug or substance abuse whilst in the course of employment; of  any conduct at the workplace which endangers children, co-workers or the public; or  sexual abuse. Payment to the employee will be to the time of termination only as well as any accrued entitlements and any banked hours will be paid at the employee’s ordinary rate of pay.

7.5

Continuity of Service - Transfer of Calling A transferred employee is a person who becomes an employee of the College (the new College) because of the transfer of a calling to the new College from another College (the former College). Even if a person is dismissed by the former College before the transfer of a calling, the person is taken to be a transferred employee if:  the person is employed by the new College after the transfer; and  the employee: (i)

was dismissed by the former College within 1 month immediately before the transfer; and

(ii) is re-employed by the new College within 3 months after the dismissal. The transfer of the calling is taken not to break the transferred employee’s continuity of service. A period of service with the former College is taken to be a period of service with the new College. In this section dismissed includes stood-down. 7.5.1 Continuity of Service An employee’s continuity of service with a College is not broken if the employee’s service is temporarily lent or let on hire by the College to another College. An employee’s continuity of service with a College is not broken by an absence, including through illness or injury:  on paid leave approved by the College; or  on unpaid leave approved by the College; An employee’s continuity of service with the College is not broken if:  the employee’s employment is terminated by the College or employee because of illness or injury; and  the College re-employs the employee; and

30 

the employee has not been employed in a calling (whether on the employee’s own account or as an employee) between the termination and the re-employment; An employee’s continuity of service with the College is not broken if:  the employee’s employment is terminated by the College or employee; and  the College re-employs the employee within 3 months after the termination. An employee’s continuity of service with the College is not broken if:  the employee’s employment is interrupted or terminated by the College with intent to avoid an obligation under this Schedule, an industrial instrument or employment contract; or  the employee’s employment is interrupted or terminated by the College as a direct or indirect result of an industrial dispute, and the College re-employs the employee; An employee’s continuity of service is not broken if:  the employee’s employment is interrupted or terminated by the College because of slackness of trade or business; and  the College re-employs the employee; In this section termination includes stand-down. 7.6

Introduction of Changes, Consultation & Redundancy 7.6.1.1 The College is required to consult with their employees and if requested the employee’s representatives, if: (a) the College has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and (b) the change is likely to have a significant effect on employees of the College. 7.6.1.2 The College shall notify the relevant employees of the decision to introduce the major change. The relevant employees may appoint a representative for the purposes of the procedures in this clause. 7.6.1.3 If an employee appoints, or employees appoint a representative for the purposes of consultation and the employee or employees advise the College of the identity of the representative, the College shall recognise the representative. 7.6.1.4 As soon as practicable after making its decision, the College shall discuss with the employees: (a) the introduction of the change; and (b) the effect the change is likely to have on the employees; and (c) measures the College is taking to avert or mitigate the adverse effect of the change on the employees; and (d) for the purposes of the discussion provide in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. However, the College is not required to disclose confidential or commercially sensitive information to the relevant employees. 7.6.1.5 The College shall give prompt and genuine consideration to matters raised about the major change by the employees. 7.6.1.6 For the purpose of this clause, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the College’s workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or

31 (e) (f) (g)

the need to retrain employees; or the need to relocate employees to another workplace; or the restructuring of jobs.

7.6.1.7 In this term, relevant employees means the employees who may be affected by the major change. 7.6.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties for reasons set out in clause 7.6.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 7.1. The College may, at the College's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the College would have been liable to pay and the new lower amount the College is liable to pay the employee for the number of weeks of notice still owing. The amounts must be worked out on the basis of:  the ordinary working hours to be worked by the employee; and  the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and  any other amounts payable under the employee's employment contract. 7.6.3 Transmission of business Where the College is, transmitted from Bundaberg Christian College (transmittor) to another College (transmittee), and an employee who at the time of such transmission was an employee of the transmittor, becomes an employee of the transmittee:  the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and  the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. In clause 7.6.3, 'College' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning. 7.6.4 Time off during notice period Where a decision has been made to terminate an employee in the circumstances outlined in clause 7.6.1 the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the College, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose, a statutory declaration will be sufficient. 7.6.5 Notice to Centrelink Where a decision has been made to terminate employees in the circumstances outlined in clause 7.6.1, the College shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out. 7.6.6 Severance pay In addition to the period of notice prescribed for ordinary termination in clause 7.1, and subject to further order of the FWA an employee whose employment is terminated for reasons set out in clause 7.6.1 shall be entitled to the following amounts of severance pay.

32 Period of Continuous Service Less than 1 year At least 1 year but less than 2 years At least 2 years but less than 3 years At least 3 years but less than 4 years At least 4 years but less than 5 years At least 5 years but less than 6 years At least 6 years but less than 7 years At least 7 years but less than 8 years At least 8 years but less than 9 years At least 9 years and thereafter

Severance Pay (weeks' pay) nil 4 6 7 8 10 11 13 14 16

'Weeks' Pay' means the ordinary time rate of pay for the employee concerned. Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay, overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments. 7.6.9 Superannuation benefits The College may make an application to the FWA for relief from the obligation to make severance payments in circumstances where.  the College has contributed to a superannuation scheme which provides a particular benefit to an employee in a redundancy situation; and  the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme. 7.6.10 Employee leaving during notice An employee whose employment is terminated for reasons set out in clause 7.6.1, may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the College until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 7.6.11 Alternative employment The College, in a particular case, may make application to the AIRC to have the general severance pay prescription amended if the College obtains acceptable alternative employment for an employee. 7.6.12 Employees with less than one year's service Clause 7.6 shall not apply to employees with less than one year's continuous service and the general obligation on the College is provide the relevant employees with an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 7.6.13 Employees exempted Clause 7.6 shall not apply:  where employment is terminated as a consequence of misconduct on the part of the employee; or  to employees engaged for a specific period or task(s); or  to casual employees. 7.6.14 Incapacity to pay The College in a particular redundancy case may make application to FWA to have the general severance pay prescription amended on the basis of the College's incapacity to pay.

33 PART 8 - EFFICIENCY AND EFFECTIVENESS INITIATIVES 8.1

Staff Training and Professional Development The College is committed to enhancing the skills of employees through the provision of both internal and external professional development and training, within the College’s resource capacity, linked to:  the goals of the College and College wide needs;  the personal goals of employees as related to their work; and  the appropriateness to the employee’s position. It is acknowledged that each group of employees have specific training needs. These training needs should be provided for, within the College’s resource capacity, following an audit of training needs in consultation with effected groups of staff. The Performance Care Management Process may also guide professional development planning for individual employees or groups of employees. The parties will review the effectiveness of current arrangements with respect to staff training and professional development with a view to improving access for employees and benefits to the College.

8.2

Graduate Teacher Induction Policy The parties to this agreement recognise the importance of a Graduate Teacher Induction programme that is aimed at benefiting the graduate teacher as well as the College. 8.2.1 Graduate Teacher Induction Programme Recognising the above as a clear process the College commits to implementing an Induction Process that is adequately resourced that will result in the graduate teacher being quickly and successfully inducted into the College environment. In preparing induction programs, the College shall consider such aspects as:  a pre-appointment visit;  a letter of welcome with the letter of appointment. At this time a statement outlining the induction program should be sent along with the requirements to satisfy QCT assessment;  a handbook of information about the College, its policies, its objectives and procedures, and the community it serves linked to a tutorial on its key features should be provided;  pupil-free staff days in January should be utilised, to initiate the graduate teacher into the College community, the mission of the College and introduce them to their working environment;  the preparation of the first month’s current curriculum program, term planner or lesson register by an experienced teacher, as a model for future preparation and discussion;  the allocation of an experienced teacher (mentor) to work with each graduate teacher, this should be a flexible arrangement to allow for a change of mentor to meet the graduate teachers evolving needs;  the designation of a particular staff member (other than the Executive Principal) as a coordinator of induction in the College with an appropriate time allowance to be able to commit quality time to the induction process;  involvement of graduate teachers in small group discussions as well as general staff meetings. Mentors would be encouraged to attend some of these meetings;  the establishment of specific times for induction activities;  the need to avoid undue interruptions to the normal teaching program of the College by creating timetabled time for induction activities;  the preparation of the whole staff for the induction of graduate teachers so that they are sensitised to acknowledge and support the steep learning curve necessary in a busy College;  reduced teaching load for graduate teacher. This time then available could be used to spend time with exemplary classroom practitioners to observe good practice or meet with specialist support staff;  shared duties with experienced staff to learn ‘duty of care’ obligations and become familiar with the ‘hidden curriculum’.

34 8.3

Positions of Added Responsibility The parties recognise that the effective operation of the College necessitates that there be an efficient administrative organisation suitable for the needs of the College. The College also recognises the need to establish positions within the College which offer individuals the opportunity to develop administrative skills in order to pursue a career path in educational administration. The College will make a yearly allocation for PAR positions based on the recommendation of the Executive Principal as detailed in Schedule 8 to this agreement. In addition to the senior administration positions, the Executive Principal may recommend the appointment of coordinator positions in either the Primary or Secondary College where he or she considers the additional responsibilities accepted by such individuals are beyond what is reasonably required by teaching staff. These positions generally relate to the performance of administrative duties considered necessary by the Executive Principal. However other areas may include the coordination of curricular and non-curricular activities or pastoral care. All positions of additional responsibility are to be approved by the Executive Principal. The parties to this Agreement are committed to reviewing the current Positions of Added Responsibility schedule. That review shall commence within 4 weeks of the agreement being approved by Fair Work Australia with the completion date being 10 term time weeks from the date of commencing the review. Where the parties agree to enhance the provisions of Schedule 8 of this Agreement, those enhancements will be recorded in a Memorandum of Understanding between the employer and the IEUA and will be implemented by the employer.

8.4

Project Teacher The position of Project Teacher provides the College and teachers with the opportunity to enhance the quality of teaching and learning. The Project Teacher provision provides an opportunity for classroom teachers to further teaching excellence and promotes a leadership role amongst classroom teachers by undertaking high level tasks. Details of the Project Teacher are found in Schedule 11 of this agreement.

8.5

Progression to Senior Teacher and Experienced Senior Teacher All teachers who have been paid at Level 3 Step 4 for a period of 12 months or more will automatically transfer to Level 4 Step 1 from July 1 2011. From July 1 2012, suitably qualified teachers (with a minimum qualification of a degree) will move to Level 5 Step 1 after having spent 2 years on Level 4 Step 1.

8.6

Classification Structure Reviews – College Officers A reclassification of College Officers will be undertaken as outlined in Schedule 13 – College Officers’.

8.7

Recognition of Service - College Officers Recognition of years of service for incremental purposes will include all previous service as a College officer within non-governmental Colleges at or above the classification level of the position to which the employee is appointed. An employee may make application for recognition of previous service other than as a College officer in a non-governmental College. The recognition of this other service will be based upon demonstrated relevance to the work of the position to which the employee has been appointed. The provision of documentary evidence of previous employment as a College officer will be the responsibility of the employee. Only service in the 10 years prior to the date of application will be considered for recognition. An existing employee as at 1 July 2008 may make application for the recognition of service in accordance with this clause. Such application for the recognition of service (other than with a non-governmental College) must be made by 30 September 2008. Successful applications made by the 30 September 2008 will be paid from 1 July 2008. Employees who make this application after this period will have their application recognised from the date of application. Employees who commence after 1 July 2008 may make application for the recognition of service in accordance with this clause and must submit any application within 6 months of commencement to

s 11-12

35 have this recognition backdated to their date of commencement. Employees who make an application after this period will have their application recognised from the date of application. 8.8

Class Sizes Optimum Educational Outcomes The parties agree that students are better able to achieve optimum educational outcomes in smaller classes. Over the life of the agreement the College agrees to implement strategies to maintain the class sizes outlined below. In order to increase the contact time between teachers and students the College will adjust the existing staffing formula such that the ratio of students to teachers in instructional settings shall endeavour to meet the following target limits: Pre-prepatory

24 students

Prepatory

25 students

Junior (1-3)

25 students

Intermediate (4-10)

28 students

Year 11-12

25 students

Keep ongoing records of classes that are over the identified target limits. Subsequently allocation of classes and duties will take into consideration any previous allocation of classes over the identified target limits. Endeavour to decrease class sizes below identified target levels for all practical classes such as science, art, technology subjects, home economics and drama. The number of students in a class will be determined by the number of work stations. Decrease class sizes below identified target levels for classes containing students with disabilities or special needs, as outlined in the Collegeâ&#x20AC;&#x2122;s Students with Special Needs policy. Where practicable the College shall not combined classes which result from staff absences.

36 PART 9 - NON SALARY BENEFITS 9.1

Job Share A suitable job share arrangement may be entered into between the College and the Employees, as outlined in Schedule 9 of this Agreement. The salaries paid to job share participants shall be in accordance with the scale of salaries prescribed herein based on the percentage division of work. Employees subject to the job share arrangement prescribed by this clause shall be entitled to pro-rata benefits of such leave, vacation periods, statutory holidays and all other accrued benefits and accept the same responsibilities of full-time teachers based on the percentage division of work. An employee wishing to undertake a job share arrangement shall be responsible for sourcing a prospective employee with the skills relevant to the work and hours to be completed. The granting of any Job Share Arrangement shall be at the discretion of the Executive Principal.

9.2

Immunisation The College shall underwrite the cost of bulk vaccination of employees for influenza and hepatitis B. Participation in the vaccination program is entirely voluntary for employees.

9.3

First Aid Certification All employees shall endeavour to hold a current First Aid Certificate. The College shall pay the costs of course fees associated with obtaining and maintaining a senior First Aid Certificates.

9.4

Fee Remission Fee Remission is offered to all College staff members (except casuals), under the following arrangements: All full time employees shall be entitled to a 50% discount on Tuition Fees and Supplement. This discount shall not apply to the building fund or any other levy. ď&#x201A;ˇ employees, other than full time, shall be entitled to the discount referred to above on a pro-rata basis. ď&#x201A;ˇ this discount may be reviewed, and may be adjusted, if the Fringe Benefit Tax liability of the College changes.

9.5

Job Security The parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the College. The parties further acknowledge that employees are a critical element in the improvement of Quality Service Delivery. Arbitrary job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought.

9.6

Outsourcing Where the College decides to outsource an area of operations currently performed by its own staff, staff taken over by the contractor will be entitled to payment of accrued holiday pay, loading and pro rata long service leave accrued from the date of commencement with no vesting period applied. Staff whose employment is not taken over by the contractor will be paid termination pay calculated under the provisions of this Agreement plus redundancy pay of two weeks for every completed year of service. The College agrees to consult with affected staff where an outsourcing option is being considered; to allow reasonable time and disseminate relevant information on a confidential basis to the affected staff on the proposed outsourcing arrangement; and to give due consideration to any submission from the affected staff and the designated representative.

9.7

No Further Claims The parties to this Agreement undertake that for the duration of this Agreement not to make any further claims on the College in respect to wages or working conditions.

9.8

No Disadvantage The existing conditions and accrued entitlements of employees, employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.

38 Schedule 1 Salary/Wage Tables Teaching Staff

Level 1

1/07/2011 Salary F/night Annual

Step 1 1,878.23 Step 2 1,932.12 Step 3 1,996.27 Step 4 2,064.92 Level 2 Step 1 2,149.69 Step 2 2,240.46 Step 3 2,357.31 Step 4 2,475.15 Step 5 2,593.12 Level 3 Step 1 2,691.38 Step 2 2,790.15 Step 3 2,888.31 Step 4 2,992.38 Senior Teacher Level 4 3,129.23 Experienced Senior Teacher Level 5

48,834 50,235 51,903 53,688

1/07/2012 Salary F/night Annual 1,953.35 50,787

1/07/2013 Salary F/night Annual 2,011.96 52,311

2,009.38 2,076.12 2,147.54

52,244 53,979 55,836

2,069.69 2,138.38 2,211.96

53,812 55,598 57,511

55,892 58,252 61,290 64,354 67,421

2,268.58 2,330.08 2,451.62 2,574.15 2,696.85

58,983 60,582 63,742 66,928 70,118

2,336.62 2,400.00 2,525.15 2,651.38 2,777.73

60,752 62,400 65,654 68,936 72,221

69,976 72,544 75,096 77,802

2,799.04 2,901.77 3,003.85 3,112.08

72,775 75,446 78,100 80,914

2,883.00 2,988.81 3,093.96 3,205.46

74,958 77,709 80,443 83,342

81,360

3,254.38

84,614

3,352.04

87,153

3,332.15

86,636

3,432.12

89,235

Ancillary Non-Teaching Staff 1/07/2011 Wages Increase

1/07/2012 Wages Increase

1/07/2013 Increase

Wages

Level 1 Step 1 Step 2 Step 3 Step 4

39,097 39,848 40,578 41,331

4.00% 4.00% 4.00% 4.00%

40,661 41,442 42,201 42,984

4.00% 4.00% 4.00% 4.00%

41,881 42,685 43,467 44,274

3.00% 3.00% 3.00% 3.00%

Level 2 Step 1 Step 2 Step 3

42,069 43,096 43,559

4.00% 4.00% 4.00%

43,752 44,820 45,301

4.00% 4.00% 4.00%

45,064 46,164 46,660

3.00% 3.00% 3.00%

Level 3 Step 1 Step 2 Step 3 Step 4

45,536 46,336 47,143 47,563

4.00% 4.00% 4.00% 4.00%

47,357 48,189 49,029 49,466

4.00% 4.00% 4.00% 4.00%

48,778 49,635 50,500 50,949

3.00% 3.00% 3.00% 3.00%

Level 4 Step 1 Step 2 Step 3

49,390 49,644 50,951

4.00% 4.00% 4.00%

51,366 51,630 52,989

4.00% 4.00% 4.00%

52,907 53,179 54,579

3.00% 3.00% 3.00%

Level 5 Step 1 Step 2 Step 3

52,673 53,949 55,243

4.00% 4.00% 4.00%

54,780 56,107 57,453

4.00% 4.00% 4.00%

56,423 57,790 59,176

3.00% 3.00% 3.00%

Level 6 Step 1

57,000

4.00%

59,280

4.00%

61,058

3.00%

Step 2 Step 3

60,107 63,208

4.00% 4.00%

62,511 65,736

4.00% 4.00%

64,387 67,708

3.00% 3.00%

Step 4 Step 5

66,371 69,393

4.00% 4.00%

69,026 72,169

4.00% 4.00%

71,097 74,334

3.00% 3.00%

Ground Staff

1/07/2011 Wages Increase

1/07/2012 Wages Increase

1/07/2013 Wages Increase

Level 2

709.28 721.76 750.05

4.00% 4.00% 4.00%

737.65 750.63 780.05

4.00% 4.00% 4.00%

759.78 773.15 803.45

3.00% 3.00% 3.00%

Level 3 Level 4

785.10 836.68

4.00% 4.00%

816.50 870.15

4.00% 4.00%

840.99 896.25

3.00% 3.00%

Level 5 Level 6

872.90 913.60

4.00% 4.00%

907.79 950.19

4.00% 4.00%

935.02 978.69

3.00% 3.00%

Level 1 Step 1 Step 2

41 Schedule 2 Informal Complaints Procedure The parties to this agreement have agreed that the following procedure has been inserted as a schedule to this agreement as a guide in relation to the management of complaints or allegations received by the College from external parties in relation to their employees. While the College commits to utilize and comply with this procedure, the parties agree that managing the issue sensitively should not be lost in the procedure being followed. The Executive Principal will use their judgment in managing complaints and maintains the right to determine when and whether the complaint and/or allegation should be progressed through a much more formal procedure. There is no one right way to manage an informal complaint procedure â&#x20AC;&#x201C; therefore flexibility in approach facilitates the opportunity to maximise the chance of any positive resolution. The purpose of this informal procedure is to deal with complaints or allegations against employees from external parties such as parents, students or other relevant interested parties in order to maximize the possibility of resolution. Informal ways of dealing with complaints against employees may include, but are not limited to, the following action: a) the Executive Principal or their nominee will conduct an initial informal investigation of

the allegations; b) the application of the principles of natural justice will be applied; c) once the Executive Principal or their nominee has conducted an investigation and has sufficient information to allow an initial finding the Executive Principal will then determine the action to be taken. d) depending on the result of the investigation the Executive Principal may progress the matter to a formal procedure or attempt to manage the complaint through conciliation or counselling; Informal complaints procedures are usually appropriate where: a) the individual subjected to the behaviour wishes to pursue an informal resolution; and/or b) the parties are likely to have ongoing contact with one another and the complainant wishes to pursue an informal resolution so that the working relationship can be sustained. c) informal complaint procedures focus initially on looking at whether a complaint has substance, or at least whether the parties can be brought together to try and reach a satisfactory outcome. Regardless of the wishes of the parties involved the Executive Principal will maintain the right to move to a formal process at any time during the informal process if there is a belief that there is a breach of legislation, College policy or that the College may be exposed to some form of litigation by either of the parties. The steps involved The usual sequence of events in relation to an informal complaints procedure would include, but not be limited to the following: a) the complainant is interviewed and the allegations are particularised in writing; b) the allegations are conveyed to the other party in full; c) the other party is provided the opportunity to respond to the allegations; d) if there is a dispute over the facts, the Executive Principal or their nominee may elect to either: a. move to a more formal process where witness statements can be gathered; or b. attempt to ascertain the true facts through further discussions between the parties. The Executive Principal or their nominee may elect to manage the issue in question through their own authority or they may provide a report documenting process, findings as well as any recommended outcome(s) to the Board of Directors for input. The Executive Principal or their nominee will also provide the parties concerned with a report. Outcomes The outcomes of any informal complaints process may include, but not be limited to any one action on behalf of the parties involved or the College. Whilst this schedule does not codify the outcomes, they may

42 include any one or a combination of the following: a) counselling the employee with a view to behavioural modification. b) progression of the matter to a much more formal procedure. If this is the determined course of action, the informal complaints process will be viewed as a preliminary investigation. c) an apology to the aggrieved party. d) mediation or conciliation conducted by an acceptable impartial third party, where the parties to the complaint agree to a mutually acceptable resolution.

43 Schedule 3 Workplace Harassment Grievance Procedure The following procedure relates only to settling grievances in relation to workplace harassment should it occur in the workplace. The procedure should be read in conjunction with clause 3.5, Workplace Harassment Procedures of this agreement. If after initial investigation by the Executive Principal or their nominee it is determined that the matter should be progressed to a formal process, the parties agree that clause 3.6, Counselling & Disciplinary Procedure, of this agreement will be followed. Investigations relating to workplace harassment should be conducted in a confidential manner. Once the investigation and course of action has been determined the complainant will be provided with a detailed explanation of the outcome as well as other options they may have. Once a complaint about workplace harassment is received the Executive Principal or their nominee will manage the process in order to ensure that the matter is addressed as soon as possible in a just and fair manner to all parties involved. Employees who are experiencing workplace harassment, whether from a colleague, client (such as a parent) or from a student, should not tolerate the behaviour. There are many ways of addressing and preventing workplace harassment before it becomes a major problem. The parties to this Agreement undertake to achieve this prevention by: a) ongoing policy development relating to workplace harassment; b) ensuring all staff are made aware of policy/procedures content, meaning and implications; c) educating staff as to their rights and responsibilities as well as clarification of what is and what is not, acceptable behaviour; d) informing employees that workplace harassment is inconsistent with the College ethos and will not be tolerated. This may be accomplished through induction, education and awareness programs; e) appointing Contact Officers within the College. The objectives of this procedure are to: a) provide both informal and formal option for redress; b) ascertain whether workplace harassment has occurred; c) provide support and protection to a person who believe they are subject to workplace harassment; d) ensure that there are no reprisals against a staff member who makes a complaint, or provides any information; e) ensure that the workplace remains free from workplace harassment; f) ensure timeliness, confidentiality and objectivity. Definition of Workplace harassment A person is subjected to ‘workplace harassment’ if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person’s College or a coworker or group of co-workers of the person that: a) is unwelcome and unsolicited; and b) the person considers to be offensive, intimidating, humiliating or threatening; and c) a reasonable person would consider to be offensive, humiliating, intimidating or threatening. Workplace harassment’ does not include reasonable management action taken in a reasonable way by the College in connection with the person’s employment. Informal Resolution An informal complaint handling procedure may simply encourage workers to raise their bullying complaint with an appropriate person at the workplace (for example, immediate Supervisor, Manager,

44 Workplace Health & Safety Officer or Workplace Health & Safety Representative so that it may be managed and resolved in an informal and fair manner. Having an informal resolution process in place is good for health, safety and business. Resolving complaints informally is generally more effective, requires fewer resources, is more expedient and often prevents further escalation of the issue. Interpersonal conflicts are often effectively resolved through open discussion between parties. This should be encouraged as the first step in every complaint, unless otherwise requested by the complainant. Contact Officer The Contact Officer would be expected to provide confidential advice and support as well as options the employee may wish to pursue both internally and externally. Executive Principal The Executive Principal would be expected to provide the employee with clear guidance on investigation procedures as well as reassuring the employee of the need to maintain confidentiality. The Executive Principal or their nominee will in the first instance interview all relevant parties to the allegations and decide on a course of action. If the Executive Principal or their nominee believes that the allegation/s has some substance the matter will be progressed to a formal investigation. At any time during the process the complainant may seek the assistance of a support person or an advocate both in the formulation of a complaint and in accompanying the staff member to any subsequent interview. Due to the sensitive nature of the role a Contact Officer carries out, the support person or advocate will not be a designated Contact Officer. Expressions of Concern An expression of concern may be registered by staff members who believe they are a witness to workplace harassment. Such an expression of concern may be made to the Executive Principal. Following the receipt of an â&#x20AC;&#x153;expression of concernâ&#x20AC;? the Executive Principal or their nominee will interview the person who may have been bullied and take action to resolve the situation. Such action may involve, but not be limited to informing the employees of their legal rights as well as the management processes within this agreement. Any staff member who registers an expression of concern should be assured that the matter will be treated confidentially at all times. Formal Resolution The following procedures are intended to be a guide only. While every attempt should be made to follow the procedures as they are written, the individual circumstances of each situation may necessitate a deviation from these procedures. A complaint should be lodged in writing with the Executive Principal. If the matter directly involves the Executive Principal the employee should contact a Board member who will refer the matter to the Chairman for investigation. The employee making the complaint of workplace harassment may seek the assistance of a support person or advocate both in the formulation of a complaint and in accompanying the staff member to any subsequent interview. On receipt of a complaint, the Executive Principal or their nominee will consult with the complainant to determine whether the matter is best addressed at the local level, or whether other external parties (such as a mediator or counsellor) need to be involved. The alleged harasser should as soon as practicable be made aware of the complaint before an investigation is initiated. The Executive Principal or their nominee will ensure the person who is alleged of the harasser is advised of their rights. Where appropriate complaints will be managed internally and will not usually involve any external parties. The Executive Principal or their nominee will inform both parties of their right to involve a support person, and/or an advocate on their behalf. It is important to realise that if the employee chooses a support person instead of an advocate, the support person is unable to speak at any meeting, where an advocate can speak on behalf of a party. The Executive Principal will or their nominee ensure that provisions are in place to allow a detailed written record of process and outcomes to be made available to all relevant parties. Due to the sensitive nature of the matter it is recognised that it is in everyoneâ&#x20AC;&#x2122;s interest to ensure the matter is resolved in a timely fashion. Accordingly, the process should take no longer than 5 working days unless otherwise agreed by the parties. The details of the complaint will be provided to the person

45 who has been alleged to be bullying another person and this person will be invited to respond to all allegations. Every attempt should be made by the Executive Principal or their nominee to negotiate a satisfactory outcome between the complainant and the respondent. The outcome would be expected to include action required to ensure that no further bullying or harassment will occur. If a satisfactory outcome is negotiated this should be recorded as such and the matter closed. If the evidence shows that the person who is alleged to be the harasser has indeed been involved in workplace harassment, the Executive Principal will be required to determine the course of action to be taken. This will depend on the severity of the alleged harassment and will usually result in the employee being given a warning as required under clause 3.6 of this agreement. In severe cases workplace harassment may result in the employee doing the bullying being summarily dismissed. Should the investigations show that no workplace harassment occurred the alleged bully will have all reference to the matter removed from their personnel file. If It is determined that the allegation made has no basis and was vexatious in nature the employee making the complaints may be subject to disciplinary action as provided for in clause 3.6 of this agreement. Appeals If either party is dissatisfied with the process or the outcome of a complaint, they may lodge a written complaint with the Chairman of the Board or his designated representative. The Board will then discuss the matter and take appropriate action. Nothing in the above procedure shall be read or interpreted in any way of limiting the involvement of the employeeâ&#x20AC;&#x2122;s representative and to represent their membersâ&#x20AC;&#x2122; interests in the matter. Should the representative at any time believe the employee is not being provided with procedural fairness, they shall raise the matter with the Executive Principal and if the parties cannot resolve the matter in dispute it is agreed that clause 3.2 Procedural Process Relating to the Grievance & Dispute Resolution Process will be followed. Investigation As the investigation process is of such importance to ensuring procedural fairness and a satisfactory result for all parties the following overview of the investigative process has been included as an aid to all relevant parties. The investigation should be conducted in an atmosphere that does not pre-judge anyone. It should include a facility for the impartial investigation of all complaints of workplace harassment and an opportunity for the alleged person to respond to ensure principles of natural justice are upheld. A proper and thorough investigation of allegations should be carried out. It is insufficient merely to rely on the fact that allegations have been made. An investigation must include the following: a) the employee is informed that a bullying complaint has been lodged and the nature of the complaint that has been made; b) where relevant documentation is thoroughly investigated for accuracy and authenticity; c) if appropriate, persons who may have knowledge of the specific alleged incidents should be interviewed. Interview The parties agree that the following process will provide all parties to the matter with a full measure of procedural fairness. If, after an appropriate investigation has been carried out and the College is satisfied that there is substance to the allegation of workplace harassment and wishes to investigate it further, a meeting should be arranged with the employee concerned as soon as practicable. Copies of the documentation relevant to the allegation will be provided to the employee at the time of notification of the interview. The employee shall be provided with ample time for them and their advocate (if one is involved) to prepare for the meeting. The notification of the meeting should include such things as: a) the time and place of the interview; b) the matters to be discussed; c) the employee's right to have a person of their choice (including a Union representative) present; d) the names of the persons who will be in attendance. In arranging the interview, the College's will be required to do everything reasonably required to cater for

46 any of the employee's "special circumstances". This may include assessment of language skills (need for an interpreter), health and family issues. During the interview: a) the College should have their own advocate or witness present; b) arrange for notes of the meeting to be taken and distributed to relevant parties; c) details of the specific allegations of workplace harassment should be provided to the employee. This should be in sufficient detail to enable the employee to respond and address the issues raised adequately; d) the employee should be given the opportunity to respond to the allegations and to raise any other matters which the employee considers to be relevant; e) If the employee requires some time to consider the matters raised, the College should allow reasonable time. Outcome of Interview If, having regard to all matters raised at the interview and to the employee's response, the College considers that no action is required, the employee should be advised in writing accordingly. Should action be deemed necessary, the employee will be advised of the action in person. This verbal advice will be supported in writing at the first available opportunity. Written confirmation would be expected to include such items as: a) that the College has considered all matters raised at the interview, including the employee's response; b) it is believed that on the balance of probabilities, the alleged incidents of workplace harassment did occur; c) the standards of workplace behaviour that needs to be met in the future; d) possible future action available to the College if the employee did not amend their behaviour; and/or e) inform the employee that they will be provided with a warning under clause 3.6, Counselling & Disciplinary Procedures of this agreement The College should also investigate ways that may be utilised to reconcile the parties and for protecting the complainant against exposure to continued harassment. If another workplace harassment complaint is received against If a person, who has been provided with a warning the Executive Principal will conduct a further investigation and convene a meeting as required under this schedule. If the investigation proves that the complaint is groundless no action will be taken against the person who is alleged to be bullying another. If the investigation proves that further workplace harassment did in fact occur, the Executive Principal will determine whether to provide a further warning as required in clause 3.6 of this agreement or consider terminating the employee. External Options for Resolution At any times during before or during the aforementioned process the employee who believes they are subject to workplace harassment may refer the matter to the Division of Workplace Health & Safety who may allocate an inspector to investigate the claim.

47 Schedule 4 Review of Unsatisfactory Work Performance Preamble The following procedure is to be read in conjunction with clause 3.6 Counselling & Disciplinary Procedure of this agreement. A formal review for unsatisfactory performance serves two purposes. Most importantly, it provides a process for genuinely helping the employee improve their conduct or performance to an acceptable satisfactory level. It also ensures compliance with legal requirements relating to due process and documentation. When an employee's conduct, or performance is unsatisfactory or deficient, the following steps shall be undertaken by the College. This formal review will take place following an evaluation of the perceived unsatisfactory performance and where appropriate, the provision of professional development to address any identified need(s). Investigation A proper investigation of the circumstances should be carried out. Any investigation into an employee’s unsatisfactory work performance must include the following:  the employee is informed of the complaint relating to conduct or performance and the nature of the complaint that has been made;  the matter is fully and impartially investigated to ensure accuracy and authenticity;  if appropriate, persons who may have knowledge of the employee’s performance may be interviewed, including parents and students if they are the source of complaint. The investigation must be carried out promptly. Investigations that prove groundless should not be noted in the employee’s file and the employee should be notified accordingly. Interview If, after an appropriate investigation has been carried out, the College is satisfied that there is substance to the unsatisfactory performance an interview should be arranged with the employee concerned as soon as practicable. The employee shall be notified in writing of the interview at least 3 working days prior to the scheduled meeting. All relevant information relating to the allegation will be provided to the employee at the time of notification of the interview. The employee shall be provided with reasonable time to prepare themselves for the interview. Notification of the intended meeting shall be confirmed in writing and include: a) the time and place of the interview; b) the nature of the matters to be discussed; c) the employee's right to have a person of their choice present; d) the names of the persons who will be in attendance. In arranging the interview, the College's will be required to do everything reasonably required to cater for any of the employee's "special circumstances". This may include assessment of language skills (need for an interpreter), health and family issues During the interview: a) the College should have their own advocate or witness present; b) the College should arrange for notes of the meeting to be taken and distributed to relevant parties; c) details of the deficient or unsatisfactory performance should be provided to the employee. This should be in sufficient detail to enable the employee to respond and address the issues raised adequately; d) the employee should be given the opportunity to respond to the allegations and to raise any other matters which the employee considers to be relevant; e) if the employee requires some time to consider the matters raised, the College should allow reasonable time to respond.

48 Outcome of Interview If, having regard to all matters raised at the interview and to the employee's response, the College considers that no action is required, the employee should be advised in writing accordingly. Should disciplinary action be deemed necessary the College will comply with clause 3.6 Counselling & Disciplinary Procedure of this agreement. The employee will be advised of the action in person. This verbal advice will be supported in writing at the first available opportunity. Written confirmation would be expected to include such items as: a) that the College has considered all matters raised at the interview, including the employee's response; b) that the College believes that the employee's performance is deficient; c) details of the deficiencies; d) the standards which need to be met and the agreed time within which that must be achieved; e) possible future action available to the College if the employee did not amend their behaviour; and/or f) the name of a nominated contact within the College with whom the employee can discuss any matters which are unclear or from whom any assistance may be gained; g) that the employee was given an opportunity to be represented at the meeting; and h) the employee is provided with a written copy of clause 3.6 Counselling & Disciplinary Procedure of this agreement Future Possible Action If the employee's performance does not improve or if there is any further misconduct the College may decide to issue a further warning to the employee as required under clause 3.6 Counselling & Disciplinary Procedure of this agreement. Prior to consideration of any further disciplinary action the College shall investigate any new performance issues and follow the guidelines agreed to in this schedule. Summary Dismissal Summary Dismissal as stated in clause 3.6 Counselling & Disciplinary Procedure of this agreement is a serious and decisive action and is therefore only warranted in a situation where the employeeâ&#x20AC;&#x2122;s conduct is of such a kind that it would be unreasonable to require the College to continue the employment during the period of notice. In cases of serious misconduct, an employee may be dismissed, provided: a) the incident/s or behaviour has been thoroughly investigated. b) during the investigation process, the College may choose to suspend the employee on full pay if it is deemed to be appropriate. c) the employee has been advised of the need to be represented at the interview. d) the employee has been allowed to respond to the allegations in an interview; and e) the College considers all information received and conveys the decision both verbally and in writing. While not a requirement under this agreement, the College will give serious consideration to obtaining advice prior to summarily dismissing an employee. Examples of serious misconduct may include but not be limited to: a) commission of a crime (as per the Criminal Code) whilst in the course of employment; or b) drunkenness or drug or substance abuse whilst in the course of employment; of c) any conduct at the workplace which endangers children, co-workers or the public; or d) sexual abuse or misconduct.

49 Schedule 5 Guidelines for the Implementation of Non-Contact Time for Primary College Teacher Purpose of Non-Contact Time The purpose of non-contact time is to carry out planning, preparation and correction. This entitlement to non-contact time forms part of teachers’ ordinary hours of duty. ‘Duty’ shall include all tasks related to the educational development of students and tasks concerned with the maintenance of good order and behaviour. (Source: Teachers’ Award – Non-Governmental Colleges) The following are considered duties suitable for non-contact time: a) planning for class and group teaching instruction; b) planning for excursions; c) settling and correcting assignments; d) evaluating and assessing students’ work; e) care of the classroom and equipment; f) compiling records or reports; g) from time to time, meetings with other staff (e.g. learning support teachers, APRE and members of the leadership team); h) professional reading; i) other activities consistent with the stated purpose of non-contact time above. Eligibility Employees eligible for time release under this clause would be teachers in primary Colleges and preschool and primary departments of secondary Colleges (P-7), who are employed for seven hours or more per week. The following teaching employees would be included: a) P-7 Teachers b) Teacher Librarians c) Learning Support Teachers d) Senior Administration members and holders of Positions of Added Responsibility in the Primary College e) LOTE f) ESL g) Teachers in special attached units h) Specialist Teachers Senior Administration members and holders of Positions of Added Responsibility in the Primary College are allocated time release on a pro rata basis according to the attached pro rata schedule for part-time teachers. Full time teaching employees are entitled to two hours release time. Part-time teachers engaged for seven hours or more per week will receive non-contact time under this clause on a pro rata basis, according to Section 3, Amount of Entitlement. A breakdown of hours of duty shall be defined and handed to staff at least one semester in advance, in writing. Amount of Entitlement Pro rata scale for part-time teachers: Part Time Hours Employed 17 16.5 16 15.5 15 14.5 14

Proportion 31 hrs: 2 hrs 1 hr: 4 mins 68 mins 66 mins 64 mins 62 mins 60 mins 58 mins 56 mins

Non-Contact Time Allocated

60 mins

50 13.5 13 12.5 12 11.5 11 10.5 10 9.5 9 8.5 8 7.5 7

54 mins 52 mins 50 mins 48 mins 46 mins 44 mins 42 mins 40 mins 38 mins 36 mins 34 mins 32 mins 30 mins 28 mins

30 mins

Note: These hours have been blocked for convenience of operation. Aggregation The Executive Principal (or nominee) and teacher, through discussion and consultation, should plan and commit to writing at the beginning of each term how the entitlement to non-contact time will be taken. This entitlement may be allocated on a weekly basis or may be accumulated and used in a block of time, as necessary. Towards the end of each term, the Executive Principal (or nominee) will review the quantum of non-contact hours received by each teacher during that term to ensure that the agreed minimum entitlement has been achieved. If it has not been achieved the short fall of non-contact time is to be made up within that term. When non-contact time cannot be provided because of absence of the relieving teacher, and no alternative arrangements are possible, a teacher may be employed to provide the non-contact time release (the minimum engagement is three hours on any one day for a relief teacher) or the time aggregated and taken at a later date during that term. General Issues When two teachers share a class, the non-contact time is apportioned pro rata. Non-contact time for those holding Positions of Added Responsibility is calculated pro rata on the basis of their face-to-face teaching time. Non-contact time cannot be converted to a cash payment. Entitlements must be taken (in time) during the term and cannot be carried over into another term or year. Non-contact time for part-time teachers (only available if they are employed for seven hours or more per week) is additional to the hours of face-to-face employment. Non-contact time will normally be part of the weekly timetable for the College. In cases of absence of the teacher or holidays on the day of non-contact time is given to that teacher, allowance will be made to catch-up this time. If staff are required to attend in-service, College sports, or pupil free days on the prescribed day that they normally received non-contact time, provision is to be made to catch-up the time within that term. Non-contact time for part-time teachers will be achieved by increasing their time of employment each week by the amount of time need to be provided. Part-time teachers will be required to be present at the College for this extra time but will not be involved in their normal teaching duties. Noncontact time for pre-school teachers will be provided on the same basis as primary teachers. Full time teachers will receive 2 hours per week whilst part-time teachers will have the pro rata allocation added to their normal hours of duty. Management of Non-Contact Time The management of non-contact time is the responsibility of the College Executive Principal (or nominee) who will negotiate with each teacher the method of provision of the non-contact time. This is to be on a term basis and a written record kept by the Executive Principal. Each teacher is entitled to a minimum of 2 hours of non-contact time per College week (pro rata for part-time teachers). This is to include any existing allocations.

51 Schedule 6 Hours of Duty - Teachers This document seeks to outline only the prescribed hours teachers actually work at College. Bundaberg Christian College recognises and values the fact that teachers carry out College work at home on a regular basis in addition to the stated hours in this document. The College and the staff are committed to achieving the Mission Statement of the College and are committed to one another in seeking the personal wellbeing and professional development of all Parties. There will be times when staff members are asked or encouraged to undertake a typically heavy workloads (e.g. musicals, long camps, Queensland Studies Authority responsibilities). Where this occurs in relation to Teachers attending Camps, clause 4.3.1 of this Agreement shall have effect. At such times, negotiations between staff and supervisors will occur in advance of the activity with the purpose of negotiating extra benefits such as short leave, or reduced duties or some other benefit in recognition of the staff member’s extraordinary commitment. The Parties agree to the following terms, conditions and quanta relating to the allocation of duty to primary and secondary staff. Teaching staff shall be required for duty during the teaching College year which shall be 39 weeks maximum. A whole teaching week shall be 5 full days including Public Holidays that fall in a teaching week. Hours of Duty per week for both primary and secondary teachers shall be 31 Hours per week. P-12 teaching staff shall be allocated hours on a pro rata basis. Hours of Duty shall include: Contact Time The maximum contact time for teachers shall be: a) Primary Classroom Teacher – 24 hours 40 minutes per week; b) Secondary Classroom Teacher – 21 hours 30 minutes per week Contact time is defined as programmed teaching time, programmed sporting and administrative/pastoral care time. It shall not include compulsory weekly assemblies and chapel services. Non-Contact Time During the period of this agreement, preparation and correction time in the Primary section of the College shall be 2 hours per week. During the period of this Agreement, preparation and correction time in the Secondary section of the College shall be an amount equal to approximately 20 precent of programmed teaching time. Non-contact duties include tasks primarily related to the Academic and Pastoral programs of the College. These tasks include preparing, setting, correcting and reporting on students’ work, assignments and tests; assisting in writing work programs; interviewing students / parents; and discussing pastoral care matters with other staff members. Up to 10 periods per year of the Secondary Preparation and Correction time may be used for supervision or cover lessons. Other Duties The balance of the hours of duty may be made up by supervising students generally, playground and bus duty, supervising students detained for correction, supervising students travelling on buses, movement between classes, attendance at College prior to classes, staff meetings, staff briefings, assemblies and Chapel services any other directed duty. Meal Breaks Teaching Staff shall be provided with 50 minutes of paid morning tea time per week. Other meal breaks are unpaid. Unpaid lunch breaks shall continue to occur where no directed duty is scheduled. However where playground supervision or other directed duty is to be performed during the lunch period it shall be defined as “Other Duties” and count towards the total maximum number of hours per week. Teaching staff will be provided with at least 150 minutes of meal breaks in any given week with at least one 20 minute, uninterrupted meal break on any given day. Co-Curricular See the Co-Curricular at clause 4.3 of this agreement.

52 Extra- Curricular Extra-curricular duties are those duties which fall outside the programmed ordinary hours of work. Such duties are honorary and voluntary and shall be arranged by agreement between the teachers and the College. Other Hours Teachers may be required for up to 20 hours for a maximum of 7 identified special events per year. Each event will have a minimum engagement of 3 hours on weekends and 2 hours on weekdays. Such activities are Awards night, Open Day and evening parent-teacher meetings. Employees will be given 3 monthsâ&#x20AC;&#x2122; notice prior to working on these special events. Part time teachers will be required on a pro-rata basis, dependent upon their hours worked. Camps For the success of the P-12 camping programme, clause 4.3.1 of this agreement shall have effect. Pupil-Free Days For all Teaching Staff (other than Teaching Staff employed in the Early Learning Centre) in addition to the 39 weeks in 3.1.1, pupil-free days to assist staff development and planning will include: a) 10 days in non-term time to be scheduled by the College in consultation with staff; and b) 4 days in term time in each of terms 2 and 4. Additionally non-contact days will be scheduled in the final week of Term 4 for report writing and/or other end-of-year activities. The number and spread of Pupil-Free Days may only be varied following consultation with the Joint Consultative Committee. Overtime Where directed duty exceeds the maximum hours of duty for teachers, overtime shall be payable at the rate of time and a half of the hourly rate payable to a teacher at the relevant classification level. Miscellaneous The hours of duty required of a teacher in both the primary and secondary areas shall be flexible over a term or semester. Such requirements will be prospective and made known to the teacher involved. College Vacation Leave No directed duty may be scheduled during College vacation time, other than in accordance with this Agreement. Application This schedule applies to all teaching staff, including members of the College Administration team, holders of Positions of Added Responsibility and Project Teachers.

53 Schedule 7 Table Summary of Schedule 6 Hours of Duty Calculation Sheet Primary Teachers CONTACT TIME

NON-CONTACT TIME

OTHER DUTIES

PAID MEAL BREAK

(A)

(B)

(C)

(D)

• Class / playground / transport supervision Can be aggregated as necessary for • Supervising students detained for • Face to face teaching time periods of up to one College term. correction • Timetabled pastoral care • Movement between classes • Sporting activities which form Designated non-contact time must • Staff meetings (if held fortnightly halve part of the programmed College only be used for its prescribed to get weekly amount) & Briefings day purpose (i.e. to carry out educational • Attendance at College for the required planning and preparation activities). time before the commencement of classes • College worship – i.e. Chapel • College assembly • Any other Directed duty Maximum not to exceed 24 hrs 40 mins per week

2 hours per week

Please note: A + B + C + D = a maximum of 31 hours per week. Participation in co-curricular activities remains honorary and voluntary. An additional quantum of Twenty hours per year is required of all teachers for attendance at special activities.

50 minutes per week (10 minutes per day) Usually taken with 10 minutes unpaid break as morning or afternoon recess. Lunch is an unpaid break, unless “other duties” are directed at this time.

54 Table Summary of Schedule 6 Hours of Duty Calculation Sheet – Secondary Teachers

CONTACT TIME

PREPARATION AND CORRECTION TIME

OTHER DUTIES

PAID MEAL BREAK

(A)

(B)

(C)

(D)

• Class / playground / transport supervision • Supervising students detained for correction • Movement between classes • Staff meetings (if held fortnightly halve to get weekly amount) & Briefings • Attendance at College for the required time before the commencement of classes • College worship – i.e. Chapel • College assembly • Any other Directed duty

50 minutes per week (10 minutes per day)

Maximum not to exceed 21hrs 30 mins per week

• •

• Programmed teaching time • Programmed sporting • Administrative/Pastoral care class.

Teachers have preparation and correction time of 20% of Programmed teaching time Part of this preparation and correction time may be used for supervision or cover periods for up to 10 periods per year.

Usually taken with 10 minutes unpaid break as morning or afternoon recess. Lunch is an unpaid break, unless “other duties” are directed at this time.

55 Schedule 8 Positions of Added Responsibility Definitions Senior Administrative Positions include:  Executive Principal;  Head of Primary;  Head of Secondary;  Deputy Head of Primary; and  Deputy Head of Secondary Positions of Added Responsibility A Position of Added Responsibility (PAR) is a promotional position within the hierarchy of the College. A teacher will be appointed to such a PAR dependent upon the additional role(s) that he / she undertakes. No-disadvantage No employee who currently holds a PAR shall be disadvantaged in any way when reflected against the duties they were performing, prior to this agreement commencing . Roles associated with PARs All roles within the College have two distinct components. These are; the time taken to undertake the role, the impact that the role will potentially have on students and / or staff. Whilst some roles may potentially have a major impact on students or staff, they may not require a great deal of time to administer. Others may be quite time consuming but have no greater impact than that of a classroom teacher (a very important role in itself) so would not contribute to a PAR. As such the indicative level of responsibility of a particular role will be determined separately to the time allocation for that role. Table 1. Minimum time away from lessons.

Level of Responsibility

Exemplar Role

Minimum Time per Fortnight(Lessons)

Level 0*

Distance Ed

Level 1

Careers/Guidance

Level 2

Systems Coordinator

Level 3

Year Level Coordinator

Level 4

Head of Faculty

Level 5

Position of Dean

* Does not contribute to PAR as the role requires time but carries no more responsibility than a classroom teacher. The above table provides examples of roles and their ‘Indicative Level of Responsibility’ along with their Minimum Time Release. The Joint Consultative Committee will develop an exhaustive list to cover determine these characteristics for every role in the College. The list will be reviewed periodically by the JCC and adjusted as necessary. Remuneration Senior Administrative Contract salaried employment is utilized for senior administrative positions as determined by the Executive Principal and the College. PAR Allowances The level of PAR to which a teacher is appointed will be negotiated based upon the responsibility levels of the role(s) performed by the teacher. The PAR level will not, however, be determined by mathematically adding the respective responsibility levels of roles performed.

56 The following table outlines the allowances payable to PARs. This allowance is to be paid over and above the wage rates set out in Schedule 1 of this Agreement. PAR Allowances are expressed as a percentage of the Band 3 Step 4 salary (as per Schedule 1 of this Agreement). Table 2 - Allowances PAR

Allowance %

Level 0

Level 1

2.50

Level 2

3.75

Level 3

5.00

Level 4

6.25

Level 5

7.50

As any PAR is dependent on carrying out a particular role within the College, all of which have a minimum time allocation, every PAR level will have some time allocation dependent upon the role(s) underpinning it. Termination of Positions of Added Responsibility The College and employee have the right to terminate positions of added responsibility with a minimum of one month or payment in lieu. Where the position is terminated, the employee will continue to be employed under the terms and conditions of this Agreement. This does not apply to those employees who are summarily dismissed without notice. Time Release and Roles The parties agree that time release for the performance of roles is essential to the efficient and effective discharge of the employee’s duties in such a role. Time release for these roles shall therefore be granted by the Executive Principal in negotiation with the employee and any relevant Senior Administrative Personnel. The amount of time release granted shall be as jointly negotiated and agreed between the parties, and shall be renegotiated periodically as necessary. The notion of flexibility of time release is paramount, and therefore an employee may seek to renegotiate the amount of time release previously set. Time release shall be negotiated at least annually. Any dispute regarding the granting or non-granting of release time for positions of added responsibility shall be resolved following the dispute procedures as outlined at Clause 3.3 of this Agreement. Tenure A Teacher who is appointed to a promotional position shall retain that position for one year except where:  the teacher’s performance has been found deficient by a review process; or  the existing role(s) underpinning that promotional position has been abolished; or  the existing role(s) has been abolished and a new role(s) has been declared open and the applicant fails to be reappointed to such a role(s);  the provisions of subclauses (b) and (c) shall only be applied in circumstances where the College has undertaken academic and/or administrative change that has resulted in an alteration to the duties and/or responsibilities of the existing role. Accountability The College and its staff recognise that the face of education in Australia is currently changing rapidly and is likely to continue to do so. In this context, all staff members who hold Positions of Added Responsibility will be accountable to:  achieve the performance outcomes required within the College’s Strategic Operational Plan;  achieve a high level of student and parent satisfaction in their area of responsibility;  maintain in their area of responsibility, a “cutting edge” level of development in terms of programmes, teaching methodology, Information Technology, and forward planning;  maintain currency in their field of responsibility through personal reading, study and professional development;  maintain a clear vision for the development of their area of responsibility in line with the College’s Strategic Operational Plan and current educational trends;  consistently support and reflect the College’s ethos in their personal and professional lives;

57 

present to the Executive Principal each year by October 31, a report which outlines the above in addition to any other areas which demonstrate the particular achievements or directions of the Department.

Contract of Employment A teacher appointed to a Position of Added Responsibility under this Schedule shall be provided with a letter of appointment which sets out the following:  the Level allocated to the position; and/or  the distribution of the total allocation of salary, and the time release associated with their role(s). This distribution may be varied on an annual basis by mutual agreement. However, where such variation occurs, this variation is detailed in writing. Supplementary PAR Points Supplementary remuneration and time release (over and above that negotiated) may be allocated by the College Executive Principal at his/her discretion for a fixed period of time to meet the particular needs of the College’s Strategic Operational Plan at that time. Determination of PAR level based on Roles As a starting point for negotiations regarding a teacher’s level of PAR, the following formula will be used to determine the MINIMUM level. The full value of the teacher’s highest level role will be recorded. Added to this will be 40% of the next highest level role, then 30% the next highest, then 20% of the next highest etc. The resultant figure will be rounded down to the nearest whole number. This will form the MINIMUM level of PAR for the combination of roles. e.g. A teacher carrying out two level 4 roles and a single level 2 role would be assigned: (level 4 x 1) + (level 4 x 0.4) + (level 2 x 0.3) = 6.2 rounded down to level 6

58 Schedule 9 Job Share Guidelines 1.

Definition Job sharing is a voluntary arrangement where a full-time job is divided between two workers with shared responsibility for the total job on a regular ongoing basis.

Principles Underpinning the Guidelines a) job share should not be created at the expense of full-time jobs. b) job share is voluntary. c) job share arrangements should be in writing and each participant provided with an individual letter of appointment. d) job share arrangements should attract full pro-rata entitlements. e) Job share arrangements should be flexible to accommodate both College and employee needs, balanced with unambiguous duties and conditions. f) job share arrangements should ensure equity for employees so that they are not disadvantaged by participating in job share and ensure they are supported in contributing to their full potential. g) job share arrangements should ensure provision for adequate consultation between employees.

Conditions of Employment Job share for the purpose of this clause shall be employment for less than a full time employee on a regular and continuous basis. A teaching position subject to the job share arrangements is not regarded as a fixed term arrangement but continues for an indefinite period. Employees entering into a job share arrangement do so on the understanding that in the event of the arrangement collapsing and no alternatives being available the position would revert to that of one fulltime position. Should this occur and both employees are seeking to be employed in the full-time position they will be invited to apply for the position. The College will decide on merit following an interview of both parties who will be offered the full-time position. A College Officer position subject to the job share arrangements is limited in terms of employment definitions and subject to Termination Change and Redundancy provisions. If a job share employee leaves the employment of the College, the remaining employee will be offered the residue of employment, if appropriate. If this employee does not wish to accept this residue, or part thereof, the College will then decide whether the position reverts to a full-time position or a further job share arrangement or suitable alternative will be negotiated. Where the partnership lapses during a College year one of the following options must be adopted: a) the remaining partner resumes full time status; or b) a contracted job share replacement is appointed until the end of the College year. In the event of such negotiation, the remaining employee will have the option of participating in the selection process. As employees choose to participate in job share their needs should be taken into account when hours of work are negotiated. However, the efficient operation of the College must be recognised. Persons shall be employed for a period in the range equivalent to 0.2 to 0.8 of full time employment (where 0.2 is the minimum and 0.8 is the maximum). Teaching Staff a) 0.5 or less hours to be timetabled on no more than 3 days with no more than a two-hour gap between teaching commitments. b) more than 0.5 and up to 0.8 : hours to be timetabled on no more than 4 days with no more than a two hour gap between teaching commitments.

59 College Officer Staff a) 0.2 hours to be scheduled on not more than 2 days. b) 0.5 hours to be scheduled on not more than 3 days. c) more than 0.5 and up to 0.8 hours to be scheduled on no more than 4 days. Timetable or Roster Job sharing must be regular with stable hours and not subject to ad hoc changes by the College. Arrangements should be established in advance and subject to agreement with the employee. Notice of changes to the arrangements should adhere to TCR provisions for College officers and be two weeks for teachers. If no agreement can be reached the status quo prevails while negotiations between the parties take place. Rates of Pay Job share employees are entitled to be paid at pro-rata to the rate of full-time employees on the basis of the proportion of weekly hours or wage to the total weekly hours or wage of a full-time employee. Prorata payment shall include allowances (AST, PAR) and there should be a minimum payment of three hours on any one day. Pro Rata Conditions and Benefits Job share employees should be entitled to annual leave, annual leave loading, sick leave, long service leave, public holidays, superannuation and all award benefits on a pro-rata basis. Where periods of leave are calculated (College officers) the period of leave should be the same as for full-time employees and not reduced proportionately. As the payment during such periods of leave is reduced proportionately there should be no “extra penalty” of reducing the length of leave as well as the payment. If a job share employee is sick, then the other employee may be offered the day(s) work. If accepted, the employee is paid at the appropriate award rate. Special Leave Special leave with and without pay should be granted on the same basis as for full time employees. Overtime Overtime should be paid in accordance with the provisions of Schedule 13 of this agreement Professional Development, Promotion, Redundancy There should be no discrimination against job share employees in the allocation of positions, professional development and promotional opportunities. Job Share employees should not be subject to any form of discrimination in the case of redundancy. Conversion of Existing Employees Any existing full-time employee can convert to job share on request and with the approval of the employing authority. However, no existing employee should be transferred to a job share arrangement without his/her agreement. Continuity of employment is preserved in respect of Award rights such as long service leave and superannuation. A full time employee who converts to job share should be able to revert back to full-time at a future date with six months’ notice provided that there is a full-time position available. Should a position not be available, the Job Share Employee will be required to wait until a suitable position becomes available. Duties and Responsibilities Job share employees will be expected to assume an appropriate workload relative to their employment fraction. This workload will include the professional duties and responsibilities carried out by full-time employees. Other Duties Job share teachers will undertake duties on a pro rata basis and where possible on days when normal attendance is in process. Possible exemptions to this could include parent/teacher evenings, fetes, carnivals, speech nights.

60 Calculation of Service All work done by job share employeeâ&#x20AC;&#x2122;s counts towards incremental progression. Classification increments of salary will become due when the person has completed the equivalent of one (1) year fulltime service. Pupil Free Days Persons are expected to report for full day duty for the pupil free days nominated for professional development activities during the College year declared by the College as requiring the attendance of all employees. They will be paid in full for the time so worked. 4

Access and Equity Considerations Job share employees should have the same access as full time employees to professional development. To ensure the participation of job share employees in professional development the College should give careful consideration to: a) timing of courses b) location of courses c) costs involved d) provision of child care Taking into account the College structure job share employees should have access to: a) promotion opportunities b) acting in promotion positions To ensure the participation of job share employees in College processes the College should ensure that: a) consultation and communication includes all employees b) timing of meetings takes into consideration the work patterns of all employees c) timing of meetings takes into consideration the needs of workers with family responsibilities.

61 Schedule 10

Paid Maternity Leave and Adoption Leave Arrangements 1.

Introduction This agreement makes provision for 6 weeks’ paid maternity and adoption leave and the terms contained in this schedule should be read in conjunction with the National Employment Standards. ”Eligible Employee” An eligible employee includes:  a full-time or part-time employee who has completed 12 months of continuous service with the College; and  a casual employee who has been employed by the College on a regular and systematic basis for a period (or sequence of periods) of at least 12 months;  a fixed term employee who is employed by the College for a set period or task. Terms and Conditions of Maternity or Adoption Leave In line with the National Employment Standards an eligible employee is entitled to a maximum aggregate of 104 weeks maternity or adoption leave, including the paid leave component, provided that such leave does not extend beyond the child’s 2nd birthday. With the exception of special circumstances, the period of maternity or adoption leave shall be unbroken.

Applications for Leave An application for parental leave shall be made to the Executive Principal, and must be accompanied by a certificate from a duly qualified practitioner stating the expected date of confinement or expected placement date if known. The eligible employee shall be notified of the approval of her/his leave. Payment for the paid leave period shall be made in line with clause 6.10 of this agreement. This payment shall be made subject to the following conditions.

Payment Conditions 3.1 Eligible Employees with Continuing Employment Status An eligible employee who has continuing employment status shall receive 6 weeks paid maternity or adoption leave, effective from the date upon which the employee commences approved maternity or adoption leave. The 6 weeks paid maternity or adoption leave shall be exclusive of paid College vacation periods. Paid maternity or adoption leave is inclusive of Statutory Holidays which may fall within that 6 weeks period. In other words, Statutory Holidays which fall within the 6 week period shall not extend the period of paid leave. Paid maternity or adoption leave counts as service for all purposes, including incremental advancement, sick leave, long service leave and annual leave for all employees who are granted paid maternity or adoption leave in accordance with this Agreement. If an eligible employee receives payment of 6 weeks maternity leave and subsequently the employee’s pregnancy results in a miscarriage or a still birth, the employee shall be entitled to retain the payment provided that the employee remains on leave for a period of 6 weeks or longer. The employee shall receive payment based on their normal average weekly earnings for the 6 weeks immediately preceding the date upon which she proceeds on leave. 3.2 Eligible Employees with Fixed Period Employment Status Fixed period employees who apply and are deemed eligible for maternity or adoption shall receive either 6 weeks paid maternity or adoption leave or payment for the remainder of the contract of employment, whichever is the lesser period of time. Where it is established that the position will continue into the next year, 6 weeks paid maternity or adoption leave will apply. This payment will be effective from the date upon which the employee commences approved maternity or adoption leave. Such paid maternity or adoption leave shall be calculated on the basis of the average number of hours worked by the employee in

62 the 6 weeks immediately preceding the date upon which the employee proceeds on such leave. In the case of fixed period employees who accrue service benefits such as annual leave and personal/carers leave, paid maternity or adoption leave shall be paid along with other payments for leave taken in conjunction with the maternity or adoption leave.

63 Schedule 11 Project Teacher Preliminary The provisions which are contained within this Schedule will be exclusive of the PAR Schedule. The duties of a Project Teacher will not be those of a PAR position and will be remunerated according to the Project Teacher provisions as outlined in this schedule. 1. Definition A Project Teacher is a teacher who is taking part in a project that has been negotiated with the Executive Principal, in light of the Strategic and Operational Plans of the College, in keeping with the skills and significant experience of that teacher. 2. Eligibility Generally, a teacher will become eligible to apply for a Project Teacher allowance after completing 12 months service at Band 3 Step 4. A teacher may be granted eligibility prior to this point at the discretion of the Executive Principal. A teacher may make application for early eligibility separately or as part of an application for a Project Teacher Allowance through submission of a Project Teacher Action Plan as described in Clause 3. 3. Project Teacher Action Plan The teacher will submit a signed Project Teacher Action Plan, countersigned by the relevant Head of Department, which lists the task(s) the teacher proposes to undertake. This undertaking will be in the form of a Project Teacher Action Plan (Attachment A), which will identify specific task(s) consistent with one or more of the skills identified in Clause 4. The Project Teacher Action Plan which identifies the task(s) from Clause 5 will be mutually agreed and signed by the teacher and the Principal. Should such a project be of interest to more suitably qualified teachers than the College Strategic Plan requires, a selection process would be undertaken to determine the successful applicant(s). A Project Teacher and the principal (or his delegate) shall review and revise, if necessary, the Project Teacher Action Plan each year. Following the review, the Project Teacher Action Plan will be resubmitted to the Principal, mutually agreed and signed by the Principal and Teacher. The implementation of the Project Teacher Action Plan will be undertaken upon request, with reasonable notice, from the Principal. In the event of either party having a grievance with the Project Teacher Action Plan, each party reserves the right to invoke the procedures for preventing and settling disputes contained within Clause 3.3 of this Certified Agreement, as provided for in Clause 7 of this Schedule. 4. Skills The task(s) identified within the Project Teacher Action Plan shall demonstrate one or more of the following skills:  skills in effective classroom practices;  skills in evaluating and reporting students' progress;  skills in developing positive relationships with students;  skills in the development of personal and professional relationships with other staff members, parents and the wider community;  skills in the development and implementation of ideas gained from professional development activities to enhance students' learning;  skills in the development and implementation of ideas gained from professional development activities to promote organisational development. 5. Indicative Tasks The demonstration of one or more of the above skills may involve one or more tasks chosen by the teacher from a list developed via a consultative mechanism within the College. The list of tasks shall be consistent with the College’s Strategic and Operation Plan. It should be noted that tasks developed by the College Consultative Committee are tasks that a teacher may undertake as a classroom teacher. The following list of tasks is an indicative list only and may be used as a guide in the development of the College list by the Consultative Committee:  developing teaching-learning activities which enhance student learning;

              

64 modeling effective teaching strategies and classroom management strategies in an identified context; providing support to the implementation of a new syllabus; providing support to the evaluation of curriculum; making a contribution to the professional development of other teachers; providing pastoral support to students in an identified area(s); providing pastoral support to other employees in an identified area(s); providing support to core testing activities; undertaking the testing, recording and reporting associated with core assessment; providing support to the induction program for new staff; undertaking an identified mentoring task(s); providing support to a year level coordinator in an identified area(s); providing support to a subject coordinator in an identified area(s); participation in internal and/or external College/community committees; providing support to or undertaking a project activity; providing support to resource development in an identified area(s).

6. Classroom Allocation The tasks of a Project Teacher will not be as frequent or onerous as to detract from the Project Teacher’s primary role as a classroom teacher. The normal classroom load of a Project Teacher may be adjusted when necessary, from time to time, at the discretion of the Executive Principal, within available resources. 7. Grievance A teacher will not be prejudiced by not having complied with their Project Teacher Action Plan due to circumstances beyond the control of the teacher. In such a case the teacher will revert back to the classification aligned with his/her training and experience for a period of 12 months from the date from which they ceased to comply. This period may be shortened at the discretion of the principal. If a Project Teacher does not comply with the terms of the undertaking within the Project Teacher Action Plan the Executive Principal will:  outline the nature of the non-compliance, in writing, to the teacher; and  provide the teacher with adequate opportunity to explain/redress the situation. If the teacher does not provide an explanation to the satisfaction of the Principal and after being given an opportunity fails to address the situation, then:  the Executive Principal will provide a written determination to the teacher outlining the teachers noncompliance with the undertaking; and  the teacher will revert back to the classification aligned with his/her training and experience for a period of 12 months from the date of the Executive Principal’s written determination. After the 12 month period referred to above expires, the teacher is again eligible for access to Project Teacher. Any teacher aggrieved by the decision to remove their classification of Project Teacher or to refuse them entry or re-entry to the Project Teacher classification, may access the dispute resolution procedure (Clause 3.3) of this Agreement. 8. Remuneration Remuneration payable to a Project Teacher is to be calculated so that a Project Teacher receives an additional amount equivalent to 4% of the prescribed rate for a Teacher on Band 3 step 4 as defined in Schedule 1 of this agreement. Remuneration shall be paid from the date of commencement of the approved Project Teacher Project. 9. Eligibility of fixed term appointees In the case of a teacher employed on a fixed term basis, such a teacher may only access Project Teacher classification if either:  the fixed term engagement is of at least three (3) College terms in duration; or  the term of engagement being less than three (3) College terms, the Principal reaches agreement with the fixed term teacher. 10. Eligibility of part-time appointees

65 In the case of a teacher employed on a part-time basis of at least 0.4 of a full-time employee, such a teacher may access Project Teacher classification through the process identified in Clause 3 and shall receive a proportional

salary rate based on the salary rate of a Project teacher. Task(s) undertaken by a part-time teacher will reflect the proportion of time employed at the College.

ATTACHMENT A PROJECT TEACHER ACTION PLAN Name: ……………………………………………………………. Consistent with the provisions in the College’s Collective Agreement, I agree to undertake task(s) consistent with one or more of the skills areas identified in Clause 4 of this schedule. (a) Identified skill(s) (b) Identified task(s)

........................................................................ Date

/ /

Teacher ........................................................................ Date

/ /

Principal Remuneration shall be paid from the date of commencement of the approved Project Teacher’s project.

66 SCHEDULE 12 Employment Arrangements Teaching Staff 1.

Employment Categories Employees covered by this Schedule shall be advised in writing of their employment category upon appointment. 1.1 Employment categories are:  full-time;  part-time ;  job share;  casual; or  fixed term. 1.2. Part-time Teachers The rate of payment for part-time Teachers shall be calculated by dividing the fortnightly rate of salary prescribed by this Agreement or a Teacher of equivalent teaching experience and academic qualification by 53. Part-time Teachers shall accrue a pro rata entitlement to sick leave and vacation periods based on the average weekly hours of employment. A part-time Teacher in the Secondary College and in the Secondary Department of Primary College shall be allowed time for corrections, assessments or evaluations at the College not less than at the rate of one hour for every 5 hours of teaching time. No part-time Teacher shall be employed for more than 16 hours of actual teaching per week or if employed in another College be actually engaged in teaching for an aggregate time in excess of 19 hours. Part-time Teachers shall be deemed to have completed a Year of Service when the aggregate amount of time paid is 1,000 hours. Payment shall be made at the prescribed rate to a part-time Teacher whose class or classes are not available unless notice has been given to the part-time Teacher of the unavailability of such class or classes on the preceding College day. 1.3 Casual Teachers A casual Teacher shall be employed on an intermittent basis to relieve a Teacher absent from Duty or to meet a short term staffing need. A casual Teacher shall be employed for a minimum period of 3 hours and a maximum period of 5 days of teaching in respect of any one engagement. There shall be a minimum payment of 3 hours for each day so employed. Where Teachers are required to perform duties over and above their classroom teaching duties, they shall be remunerated in accordance with this Agreement. Remuneration for a casual Teacher shall be based on the scale of salaries prescribed in this Agreement. 1.4 Fixed term appointment "Fixed Term Appointee" is defined as a Teacher appointed by the College to accommodate an identifiable short term need. Without limiting the application of the foregoing, an identifiable short term need could include:  Special projects  Proposed closure of a College  Special Government grants  Filling the position of a specified Teacher who is on nominated leave from the College  Filling the position of a Teacher arising from a resignation, where such position is declared vacant and no suitable permanent Teacher is available Fixed term appointees will be employed for a period no greater than 12 months and shall not be regarded as probationary Teachers. Provided that if the identifiable short term need exists after the 12 month period, the fixed term appointment may be re-negotiated. Any agreement reached between the College and an individual Teacher shall be in writing, signed by both parties, and shall clearly identify the terms, conditions and specific duration of the appointment. Fixed term appointees shall be paid salary in accordance with the scale of salaries prescribed in Schedule 1 of this Agreement.

67 2

Three Year Trained Teachers The scale of minimum salaries for Teachers found in Schedule 1 of this agreement shall apply to all 3 Year trained Teachers. 2.1 Incremental Progression  a 3 Year trained Teacher shall be appointed at Band 1 Step 1.  except as otherwise provided, progression from one salary Step to a higher salary Step shall be by annual increment up to the maximum salary of Band 2.  except as otherwise provided for a 3 Year trained Teacher shall have access to Band 3 and shall complete 2 years’ service on Steps 1, 2 and 3 of Band 3 before progression to the next Step. 2.2 Progression - Additional Qualifications A 3 Year trained Teacher who successfully completes further tertiary study to achieve the status of 4 Year trained Teacher shall as from 1 January or 1 July whichever is the first following such completion upon production of satisfactory evidence thereof have the appropriate salary Step determined according to the following table: Salary Step Salary Step clause 3.1.1 clause 3.2.1 Band 1 Step 1 Band 1 Step 2 Band 1 Step 3 Band 1 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5

Band 2 Step 5 Band 3 Step 1 Band 3 Step 2 Band 3 Step 3 Band 3 Step 4

The arrangements contained in clause 2.2 shall not alter the date at which a Teacher progresses to the next salary Step on the scale where applicable. 2.3 Progression - Professional Development Notwithstanding the provisions of clause 3.1.2, a 3 Year trained Teacher may apply for progression by annual increments through Band 3 subject to the following conditions:  completion of at least 12 months service on Step 5 Band 2;  participation in 150 hours of accredited professional development activities undertaken no earlier than 1 January 1990 to be achieved at an annual average rate of not less than 30 hours (5 days) and to be undertaken outside the hours engaged in teaching; and  provision of a statement outlining the knowledge and skills acquired through participation in professional development. Applications for progression shall be made through the Executive Principal of the College and be subject to assessment and recommendation to the College authority by a panel consisting of  a representative of the College Authority;  a representative of the Teacher seeking progression;  a representative jointly agreed to. Applications shall include:  certification of participation in accredited professional development activities by activity providers;  a brief statement on a standard agreed, outlining the additional knowledge and skills acquired and their application in the Teacher's work. No Teacher shall be required to undergo classroom or other inspection for the purposes of certification. The review panel shall make a recommendation to the employing authority as to whether in its opinion the Teacher has satisfied the eligibility criteria. A Teacher shall retain all rights under the relevant Act. A Teacher who is certified as having satisfied the requirements contained in clause 2.3 shall be entitled to progress to the next Step in Band 3 from the date of application or on the completion of 12 months' service

68 on their current Step which shall be no lower than Step 1 of Band 3 whichever is the later and shall progress thereafter by annual increments to the maximum salary of Band 3. 3

Teacher Portfolio A Teacher may request and be given from time to time by the College appropriate documentation as evidence of the Teacher's professional development, in respect of attendance at significant training courses and experience. These documents may, if the Teacher wishes, form a portfolio which will remain the property of the Teacher.

69 Schedule 13 Employment Arrangements Ancillary Non-Teaching Staff 1.

Process The College shall determine the classification of a position through the following process.  an analysis is to be undertaken to establish the skills and responsibilities required for each identified position and a position description written for each position.  each position is classified by reference to the classification criteria set out below using the position description developed in 1.1.  employees are appointed to a position at the appropriate level within the structure and to a step in the level  according to experience based on years of service as defined in clause 3.3.1. 1.2 Review If at any time an employee or the College considers that the skills and responsibilities as required by the College for a position have altered or do not reflect the classification determined, a review of the classification applicable to the position is to be undertaken in accordance with clause 1.1 of this Schedule and an appropriate classification determined. However, except in exceptional circumstances such as a change in the skill and/or responsibility required, or a change in the conditions under which the work is performed, no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12-month period. 1.3 Dispute Resolution Where a disagreement arises as to the outcome of a classification review, it will be dealt with under the grievance procedure contained in this Agreement. At any meeting specified in the Grievance Procedure the person who made the decision about the classification review shall, wherever possible, participate. 1.4 Classification Criteria Classification criteria are guidelines to determine the appropriate classification level under this Schedule and consist of characteristics and typical duties and skills. The characteristics are the principal guide to classification as they are designed to indicate the level of basic knowledge, comprehension of issues, problem and procedures required, the level of autonomy, accountability supervision/training involved with the position. The characteristics of a level must be read as a whole to gain an understanding of the position and the performance requirements. Isolated characteristics should not be used to justify the classification of a position. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They reflect the competencies of a particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill or many of them depending on the particular work allocated to them. Typical duties/skills should not be used as the primary determinant in classifying employees but may be useful if the characteristics of a level cannot be easily applied in an individual instance. Some of the Characteristics have been included in the Typical Skills/Duties at each level. Where there is inconsistency between the Characteristics and the Typical Skills/Duties, the Characteristics will prevail over the Typical Skills/Duties. The key issue to be looked at in properly classifying an employee is the level of initiative, responsibility/accountability, competency and skill that an employee is required to exercise in performing the employee's work within the parameters of the characteristics, read as a whole, of the position. It should be noted that some typical duties/skills appear at one level only while others appear at more than one level. Because of this, the classification or reclassification of a position needs to be done by reference to the specific characteristics of the level. As an example, because an employee may be utilising a skill comprehended at a higher level than that to which the employee has been appointed, the employee assumes

70 the level of initiative, accountability/responsibility, skill and competency envisaged by the characteristics of the higher level. Level 1 in the structure may be applied as a level at which employees learn and gain competency in the basic skills required by the College. In the event that the increased skills/competency are utilised by the College, progression through the structure may be possible. 2.

Classification Levels Subject to the provisions of Schedule 1 - Wages all employees shall be classified into one of the following levels: 2.1 Level 1 Level 1 in the structure may be applied as a level at which employees learn and gain competency in the basic skills required by the College. In the event that the increased skills/competency are utilised by the College, classification to higher levels within the structure may be possible. A position shall be graded at this level where the principal characteristics of the position, as required by their College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee  work is performed under close supervision either as an individual or in a team environment.  work is regularly checked.  less direct guidance and some autonomy may be involved when working in teams. Competency required for position  competency at this level involves application of knowledge and skills to a limited range of tasks and roles.  there is a specific range of contexts where the choice of actions required is clear.  competencies are normally used within established routines, methods and procedures that are predictable.  judgment against established criteria is also involved. Formal qualifications/experience Junior certificate is the minimum formal qualification. No experience is required. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.  operate routine office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, franking machine, calculators, etc.  operate audio visual equipment at a basic level.  attend to front counter and refer enquires to the appropriate member of staff.  carry out minor cash transactions including receipting, balancing and banking.  monitor and maintain stock levels of stationery/materials for office/department within established parameters including reordering.  prepare and clean away materials for display/use in classroom or libraries under instruction of a higher level officer or member of the academic staff.  carry out minor maintenance of equipment and material.

2.2

Level 2 An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 1. A position shall be graded at this level where the principal characteristics of the position as required by the College are identified as follows: Characteristics

71 The Characteristics are to be read as a whole. Supervision of Employee  an employee in a position at this level works under direct and/or routine supervision depending on function.  an employee's work is intermittently checked.  supervision may take the form of general guidance where working in teams is involved.  supervision may involve detailed instructions in some situations. Supervision of Other Employees  within a team responsibility for some roles and coordination may be required.  provide guidance to other employees at a lower level.  provide assistance to less experienced employees at the same level.  Competency required for position  competency at this level involves application of knowledge and skills to a range of tasks and role.  there is a defined range of contexts where the choice of actions required is clear.  there is limited complexity of choice of actions required.  competencies are normally used within established routines methods and procedures.  discretion and judgement about possible actions are involved in some cases. Formal qualifications/experience Junior certificate is the minimum formal qualification. No experience is required. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.  operate routine office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, franking machine, calculators, etc.  attend to front counter and refer enquires to the appropriate member of staff.  assist student learning, either individually or in groups, under the direct supervision of an academic staff member.  prepare and clear away materials for display/use in classrooms or libraries under instruction of a higher level officer or member of the academic staff.  process basic library transactions such as issues and returns, produce overdue lists, entry of orders in a computerised system, perform stock-takes, entering of accession information into computer.  operate and demonstrate the use of audio-visual equipment where there is limited complexity.  maintain a booking system for equipment use and organisation of repairs and replacement of equipment.  record audio/video programs and maintain a catalogue system of such recordings in accordance with established routines, methods and procedures.     

carry out minor cash transactions including receipting, balancing and banking. monitor and maintain stock levels of stationery/materials of an office/department within established parameters including reordering. provide assistance with an academic programme where limited discretion and judgment are involved. within a defined range of contexts, where the choice of actions is clear, maintain science equipment, materials and specimens. under direct supervision, assist in design/demonstration of experiments and scientific equipment under the supervision of academic staff member.

72 2.3

Level 3 An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 2. A position shall be graded at this level where the principal characteristics of the position, as required by the College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee  an employee in a position at this level works under limited supervision.  an employee's work may be checked in relation to overall progress.  supervision may take the form of broad guidance.  a level of autonomy may be involved when working in teams. Supervision of Other Employees  limited responsibility for the work of others may be involved.  team co-ordination may be required.  assistance and/or guidance may be provided to other employees. Competency required for position  competency at this level involves application of knowledge with depth in some areas and a broad range of skills.  there is a range of roles and tasks in a variety of contexts.  there is some complexity in the extent and choice of actions required.  competencies are normally used within routines, methods and procedures.  some discretion and judgement is involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. Formal qualifications/experience Tertiary qualifications at certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the College as necessary to successfully carry out the duties of the position. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  carry out a wide range of secretarial and clerical duties at an advanced level, including, typing, word processing, maintain manual and computerised records, and shorthand.  handle administration enquires from staff/students/parents/public.  enter financial data into computer and prepare financial and management reports for review and authorisation by senior management.  prepare and process payroll within routines, methods and procedures.  carry out bank and ledger reconciliations.  maintain petty cash.  assist with preparation of internal and external publications.  provide administrative support to senior management. Arrange appointments and diaries and prepare confidential and general correspondence.  assist in the enrolment function including handling initial enquires and arranging interviews.  prepare government and statutory authority returns for authorisation under supervision.  provide academic programme assistance where some discretion and judgement are involved.  under supervision assist in the design/demonstration of experiments where some discretion and judgement are involved.  limited responsibility for the work of other assistants in a laboratory.  assistance and/or guidance may be provided for other assistants in a laboratory.  provide technical assistance in the operation of the library where some discretion and judgement are involved.  search and verify bibliographical data where some discretion and judgement are involved.

73       

2.4

copy catalogue books, magazines, journals and recorded material, maintain library circulation systems. produce display and publicity materials. carry out liaison between the College, the student and the student's family where some discretion and judgement are involved. assist staff and students in accessing library information where some discretion and judgement are involved. assist staff and students in use of library equipment where some discretion and judgement are involved. assist in supervision of students in the library where some discretion and judgement are involved. assist student learning, where some discretion and judgement is involved, including evaluation and assessment, under the supervision of an academic staff member, of the learning needs of students.

Level 4 An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 3. A position shall be graded at this level where the principal characteristics of the position, as required by the College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee  work is carried out under general supervision.  progress and outcomes sought are under general guidance. Supervision of Other Employees  the work of others may be supervised.  teams may be guided or facilitated.  responsibility for the work and organisation of others in limited areas.  training of subordinate staff may or may not be required. Competency required for position  competency at this level involves the application of knowledge with depth in some areas and a broad range of skills.  there is a wide variety of tasks and roles in a variety of contexts.  there is complexity in the ranges and choice of actions required.  competencies are normally used within a variety of routines, methods and procedures.  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. Formal qualification/experience Tertiary qualifications at certificate level or equivalent qualifications relevant to the position may be required by the College or knowledge qualifications and experience as are deemed by the Colleges as necessary to successfully carry out the duties of the position. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  advanced application of computer software packages.  provide administrative support to senior management at a higher level than at level 3 where discretion and judgment are required.  initiate and handle correspondence, which may include confidential correspondence.  calculate and maintain wage and salary records for a large payroll utilising a variety of routines, methods and procedures.

74        

2.5

apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these. control the purchase and storage function for a discrete department. within a variety of routines, methods and procedures and with depth of knowledge in some areas, demonstrate to staff and students the use of complex audio visual or computer equipment. within a variety of routines, methods and procedures and with depth of knowledge in some areas, monitor performance of and carry out repairs to specialised equipment. within a variety of routines, methods and procedures and with depth of knowledge in some areas, supervise and maintain the hardware and software components of a computer network and provide user support. assist student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students. carry out liaison between the College, the student and the student's family where discretion and judgement are required in relation to the planning, actions and achieving outcomes. design and demonstrate experiments within a variety of routines, methods and experiences under the supervision of academic staff members where discretion and judgment are required.

Level 5 An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 4. A position shall be graded at this level where the principal characteristics of the position, as required by the College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee An employee in a position at this level works under general supervision and/or broad guidance depending on function. Supervision of Other Employee  the work of others may be supervised.  teams may be guided.  responsibility for the planning and management of the work of others may be involved.  supervision and training of staff in lower level positions may or may not be involved. Competency required for position  competency at this level involves self-directed application of knowledge with substantial depth in some areas.  a range of technical and other skills are applied to roles and functions in both varied and highly specific contexts.  competencies are normally used independently and both routinely and non-routinely.  discretion and judgement are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others. Formal qualifications/experience Tertiary qualifications at associate diploma/diploma level or equivalent qualifications relevant to the position may be required by the College or knowledge, qualifications and experience that are determined by the College as necessary to successfully carry out the duties of the position. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  provide executive support to senior management and associated committees concerning designated aspects of College management.

75 

direct and supervise the work of other staff.



oversight the operations of the College's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns. ensure deadlines and targets are met. Prepare the accounts of the College to operating statement stage and assist in the formulating of period and year end entries. provide specialist technical advice, direction and assistance in the employee's area of expertise using the application of knowledge gained through formal study/qualifications applicable to this level or knowledge and experience that are determined by the College as necessary to successfully carry out the duties of the position in areas such as the operation of a library/resource centre, laboratory or information technology. This may also include developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member/s.

 

2.6

Level 6 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. A position shall be graded at this level where the principal characteristics of the position, as required by the College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee An employee at this level works under limited guidance in accordance with a broad plan or strategy. Supervision of Other Employees  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.  competency required for position  competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills.  competencies are normally applied independently and are substantially non-routine.  competency at this level involves the delivery of professional services within defined accountability levels.  employees may operate individually or as a member of a team.  significant discretion and judgement is required in planning, design, of professional, technical or supervisory functions related to services, operations or processes.  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. Formal qualifications/experience Formal qualifications at degree level are required. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause.  operate and be responsible for a structurally and/or operationally defined section.  provide professional advice to staff and students in the officer's area of expertise.  prepare advice, reports, proposals or submissions for the senior executives of the College and/or outside bodies.  within defined accountability levels, perform professional activities which may include: Responsibility for planning and development of programs of structured learning activities; guidance and counselling services; and information services, within the employee's area of expertise.

76 2.7

Level 7 An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 6. A position shall be graded at this level where the principal characteristics of the position, as required by the College are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employees  an employee in a position at this level is accountable to the College or college administration for the conduct of their work.  within the constraints set by management, an employee works autonomously and is responsible for the professional content of the work performed. Supervision of Other Employees An employee at this level may be required to provide active supervision of and be responsible for other staff. Competency required for position  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.  an employee at this level is expected to carry out a high proportion of tasks involving complex, specialised or professional functions. Formal Qualifications/Experience Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience, as required by the College, to reflect higher levels of professional outcomes. Typical Duties/Skills The Typical Duties/Skills are subject to the Characteristics clause.  

undertake more complex professional activities above and beyond those required in Level 6, involving the selection and application, based on professional judgement, of new and existing techniques and methodologies. provide advice to the senior executive of the College on the operational and/or future directions of the employee's section and to contribute to the development of that section in the educational context of the College. Such advice may be given in specialist areas.

Incremental advancement Each level of the structure has varying pay steps which provide for yearly service increments within a level. Such increments are payable subject to satisfactory performance but will not be unreasonably withheld by the College without due process. For the purposes of establishing the entitlement of an employee to a yearly pay increment a year's service shall constitute 1976 hours of duty. Progression from one level to a higher level is either by appointment to such higher level as a result of vacancy at that level or the College requiring an employee to perform at a higher level in accordance with the classification criteria. An employee may be appointed to a higher level without having progressed through all pay points within a lower level.

77 4.

Juniors The rates of pay for junior employees at Level 1 only shall be as follows:

15 and under 16 years of age 16 and under 17 years of age 17 and under 18 years of age 18 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age

Percentage of appropriate adult minimum rate 45 50 55 65 75 85

Juniors appointed to level 2 positions or above shall be paid the appropriate rate for that level. 5.

Allowances A first aid allowance is payable to College Officers subject to the following conditions: 5.1 College Officers who are appointed to positions classified at levels 1, 2 or 3 and are required to be aware of a student or students with medical conditions and are able and required to participate in the administration of medication or emergency treatment to such student or students on the basis of treatment regimes advised by parents, will receive an allowance at the rate of $10.70 per week. 5.2 College Officers who hold a QAS first aid qualification (or equivalent) and are appointed as a first aid officer will be paid an allowance at the rate of $10.70 per week. 5.3 A College Officer will only be entitled to receive one of the allowances prescribed in either 5.1 or 5.2 but not both. Such allowance will be absorbable into payments made above the minimums allowed for in this Agreement.

Overtime Except as provided in this agreement all time worked outside of the hours prescribed in this Agreement and the normal starting and finishing times shall be paid for at the rate of time and one-half for the first 3 hours and double time thereafter.

Time in Lieu of Overtime Worked 7.1 Where the College requires an employee to work either before the normal starting times or after the normal finishing times up to a maximum of 2 hours on any one day the employee may be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time or receive payment at the rate of time and one half for the time worked. 7.2 Where the College requires the employee to work more than 2 hours before the normal starting times or more than 2 hours beyond the normal finishing times on any one day, the employee may receive payment at the rate of time and a half for the first hour and double time thereafter for time worked beyond the first 2 hours or receive payment in accordance with this agreement for the full period so worked. 7.3 Any accrued time in lieu not taken within 6 months of its accrual shall be paid at the rate of time and one-half.

Meal Break An employee shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day.

78 Schedule 14 Employment Arrangements Ground Staff 1

Mixed functions An employee who is required to perform work on any day for which a higher rate of pay is prescribed in this agreement shall be paid as follows:  If more than 4 hours on any day the higher rate for the whole of such day.  If 4 hours or less then payment of the higher rate for 4 hours.

Classifications 2.1 Ground staff Employee - Level 1 is an employee who is engaged to assist in a range of general duties applicable to the maintenance and development of turf areas and surrounds. An employee will remain at this level for a maximum of 6 months. Duties An employee at this level performs routine duties essentially of a manual nature and to the level of their training.  works under direct supervision.  exercises minimal judgement.  Indicative tasks and/or qualifications  assists in the general maintenance and development of turf areas and surrounds.  labouring and operation of some machinery. 2.2 Ground staff Employee - Level 2 is an employee who has completed structured training so as to enable the employee to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of a Ground staff Employee - Level 1 and to the level of their training. Duties  works under direct supervision either individually or in a team environment.  understands and undertakes basic quality control/assurance procedures.  understands and utilises basic statistical process control procedures.  Indicative tasks and/or qualifications  operates and/or maintains machinery.  set out and mark fields for play.  planting and maintaining trees and gardens.  maintains simple records.  assists in the maintenance of playing surfaces, including setting up of greens, top dressing, fertilising under supervision, seeding, turfing, coring and sprigging. 2.3 Ground staff Employee - Level 3 is an employee who is engaged to assist and carry out, with or without direction, duties pertaining to the maintenance and development of turf areas and surrounds, and performs work above and beyond the skills of a Ground staff Employee - Level 2 and to the level of their training. Duties  is responsible for the quality of their own work subject to routine supervision.  works under routine supervision either individually or in a team environment.  exercises discretion within their level of skills and training.  Indicative tasks and/or qualifications  assists in the training and/or supervision of employees at Levels 1 and 2.  major non-trade maintenance of equipment.  assists in chemical and other spraying, where required to hold an appropriate license.  completes basic records.  

assists in the construction and installation of facilities and systems. operates a specialised range of machinery e.g. greens, mowers, fairway units.

79 2.4 Ground staff Employee - Level 4 (Tradesperson) is an employee who has satisfactorily attained the appropriate level of training at trade or equivalent level. Duties  understands and applies quality control techniques.  exercises good interpersonal and communications skills.  performs work without supervision either individually, or in a team environment.  performs non-trade work incidental to their work.  Indicative tasks and/or qualifications  operates and/or maintains a wide range of turf machinery and equipment.  training and supervision of employees at Levels 1, 2 and 3, and including apprentices.  construction of surfaces, gardens.  installation and maintenance of irrigation and drainage systems.  control and maintenance of stores and facilities.  stock control, record keeping.  plans the work programme in consultation with management.  trades maintenance of equipment. 2.5 Ground staff Employee - Level 5 is an employee who has satisfactorily attained the appropriate level of training at the trade or equivalent level and who carries out and/or manages Ground staff aspects pertaining to the general maintenance and development of turf areas and surrounds. Duties  understands and applies quality control techniques.  exercises good interpersonal and communications skills.  capable of performing work without supervision, either individually or in a team environment.  Indicative tasks and/or qualifications  supervision and training of subordinate staff, including tradespersons.  presentation of written and/or verbal reports, general liaison with management.  activities requiring application of specialist skills. 2.6 Ground staff Employee - Level 6 is an employee who is responsible for the total management of a turf area and surrounds, but does not include employees who have the right to engage and/or terminate the services of other employees. Duties  exercises discretion within the scope of this level  understands and implements quality control measures.  provides trade guidance and assistance.  Indicative tasks and/or qualifications  preparation of budgets and financial reports.  planning for the overall development of the facility in consultation with management.  supervision and co-ordination of large numbers of subordinate staff, including development of staffing and training plans, staff counselling and assisting management in the selection of personnel. 3

Juniors The rates of pay for junior employees shall be as follows:

Under 16 years of age Under 17 years of age Under 18 years of age 18 Years & thereafter 4

Percentage of Minimum Adult Rate 55% 65% 75% 100%

Allowances 4.1 Work in the rain When an employee is required to work in the rain and by so doing gets their clothes wet, such employee shall be paid double rates for all work so performed. Such payment shall continue until such time as the

80 employee finishes work or is able to change into dry clothing. Clause 4.1 does not apply where the employee has been supplied with adequate rainproof clothing. 4.2 Distributing fertilizer or spraying Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be supplied with gloves, overalls, goggles and a double respirator at the College's expense or, by mutual agreement, be paid an allowance of $1.54 per week in lieu thereof. 5.

Meal break When an employee is employed for at least 6 hours, such employee shall be entitled to a meal break of not less than 30 minutes or more than 60 minutes, to be agreed upon between the College and the majority of employees and to be taken between the 4th and 6th hours. If the meal period is worked, it shall be deemed to be overtime and paid for the rate of double time with such double time payment to continue until such time as the employee finishes work or is allowed a 30 minute meal break, for which no deduction of pay shall be made. Employees who are required to continue working for more than one and a-half hours beyond their ordinary finishing time shall be entitled to take a 30 minute paid meal break and shall be provided with an adequate meal by the College or paid an allowance of $9.60 in lieu thereof. Provided that where an employee has provided a meal because of receipt of notice to work overtime and such overtime is not worked such employee shall be paid $9.60 for any meal so provided.

Overtime All time worked in excess of 8 hours in any one day or in excess of 38 hours in any one week or outside the spread of ordinary working hours shall be deemed to be overtime. Provided that where daily hours, that exceed 8 in one day, have been agreed to in accordance with this Agreement, overtime will only apply when the agreed hours are exceeded. In every case overtime rates will apply after 10 hours on any day. Overtime worked on a Monday to a Saturday shall be paid for at the rate of time and a-half for the first 3 hours on any one day and at the rate of double time thereafter. All overtime worked on Sundays shall be paid for at the rate of double time. All overtime worked on a Saturday or on a Sunday shall be subject to a minimum payment as for 2 hoursâ&#x20AC;&#x2122; work upon each occasion that an employee is required to attend for duty. Such minimum payment shall not be applicable where overtime is worked continuously with ordinary working hours on a Saturday. Where an employee is recalled from home to work overtime, the employee shall be paid for such time so worked at the rate of double time, with a minimum payment as for 3 hours' work in respect of each such recall. In the compilation of overtime payments, any part of a-half of an hour that is worked on any one day shall be paid for as a full half of an hour.

Time off in lieu of overtime Where there is written agreement between the employee and the College, paid time off may be taken in lieu of overtime worked. Such time off shall be at the equivalent of the number of hours of ordinary pay that the employee would have received for such overtime. Accumulated time off in lieu shall be taken at a time mutually agreed between the employee and the College within 12 months of such accumulation. Time off in lieu of overtime may be banked to a maximum of 38 hours at any one time. Any accrued time off in lieu that is outstanding after 12 or at the time of termination of employment, for any reason, by either party, shall be paid out at the employee's ordinary time rate of pay.

Use of own vehicle Where an employee is required to use their own motor vehicle on their College's business, the employee shall be paid such allowance as shall properly compensate for the use of such vehicle as may be mutually agreed upon between the College and the employee.

Health and Safety 9.1 Protective clothing

81 For the purposes of clause 4.1 - Work in the rain, adequate rainproof clothing shall mean oilskins, gum boots and sou-wester. Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be supplied with gloves, overalls, goggles and a double respirator at the College's expense or, by mutual agreement, be paid the allowance prescribed in clause 4.2. Upon request, all employees shall be supplied with one pair of gum boots free of cost. Employees required to drive tractors or operate other machinery producing similar levels of noise shall, upon request, be supplied, at the College's expense, with ear muffs or other suitable protective gear mutually agreed upon. 9.2 Sunshades The College shall provide a canopy to protect employees from the sun whenever employees are engaged upon driving tractors drawing gang-mowers. 9.3 Footwear Where a special type of footwear is required, an employee shall, after 3 months' service with their College, be provided with such footwear. Such employee shall be entitled to the issue of no less than 2 pairs of footwear per year, other than sandshoes, and such footwear shall remain the property of the College. 9.4 First aid A first aid cabinet shall be available for employees in case of accident. Such first aid cabinet shall be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995 and Regulations relating to such first aid cabinets.

82 Schedule 15 Employment Arrangements Early Learning Centre & Outside School Age Care 1. Full-time employment A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week 2. Part-time employment A part-time employee is an employee who:  works less than full-time hours of 38 per week;  has reasonably predictable hours of work; and  receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work. At the time of engagement the College and the part-time employee shall agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee shall work and the actual starting and finishing times each day. Changes in hours of work may only be made by agreement in writing between the College and employee. Changes in the days to be worked can be made by the College giving seven days’ notice in advance of the change. The College is required to roster a part-time employee for a minimum of two consecutive hours on any shift. A part-time employee who works in excess of their normal hours shall be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the early childhood service. No part-time employee may work in excess of eight hours in any day without the payment of overtime paid for at the rates prescribed in clause 4.2 - Overtime and penalty rates. A part-time employee employed under the provisions of this clause shall be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in schedule 15. 3. Casual employment A casual employee is an employee engaged as such and shall be paid the hourly rate payable for a full-time employee for the relevant classification in schedule 15 plus a casual loading of 25%. A casual employee is one engaged for temporary and relief purposes. A casual employee shall be paid a minimum of two hours pay for each engagement. For work in excess of eight hours on any one day or shift or 38 hours in any one week, a casual employee shall be paid in accordance with the penalties specified in clause 4.2 -Overtime and penalty rates. 4. Meal Breaks An employee shall not be required to work in excess of five hours without an unpaid meal break of not less than 30 minutes and not more than one hour. Provided that employees who are engaged for not more than six hours continuously per shift may elect to forego a meal break. A meal break shall be uninterrupted. Where there is an interruption to the meal break and this is occasioned by the College, overtime shall be paid until an uninterrupted break is taken. The minimum overtime payment shall be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes. Where an employee is required to remain on the College’s premises, the employee shall be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. By agreement with the College an employee may leave the premises during the meal break, however, such time away from the premises shall not be counted as time worked and nor shall any payment be made for such time.

83 5. Rest pauses An employee working four hours or more on any engagement shall be entitled to a paid rest period of 10 minutes. Provided that an employee working for seven hours or more shall be entitled to two such paid rest periods of 10 minutes each unless the employee agrees to forego one of these rest periods. All rest periods shall be uninterrupted. 6. Overtime and Penalty rates A full-time employee is paid at overtime rates for any work performed outside of their ordinary hours of work. A part-time employee is paid at overtime rates in the circumstances specified in clause 2 of this Schedule, while a casual employee is paid at overtime rates in the circumstances specified in clause 2 of this Schedule. 6.1 Overtime rates Overtime shall be paid at the rate of time and a half for the first two hours and double time thereafter. In calculating overtime, each day’s work shall stand alone. Where, due to a genuine and pressing emergency situation, an employee is required to remain at work after their normal finishing time such time shall be paid at the ordinary rate for the employee’s classification. Provided that such emergency overtime does not exceed one hour per week. For the purposes of this subclause an emergency situation may include a natural disaster affecting a parent, another employee or the centre/service, the death of a child or parent, or a child requiring urgent hospitalisation or medical attention. 6.2 Time off instead of payment for overtime – non-teaching staff An employee and the College may agree that an employee shall 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 subject to the following:  any periods of time off in ordinary hours shall equate to the relevant period of overtime worked;  an employee shall not accumulate more than 20 hours of time off which shall be taken within four weeks of its accrual. Where time off is not taken the overtime shall be paid for in the next pay period at the appropriate rate of overtime applicable; and  by agreement between the employee and the College, time off instead of payment for overtime may be accrued and taken as part of annual leave. 7. Higher duties An employee engaged in duties carrying a higher rate that their ordinary classification for two or more consecutive hours within any shift or day shall be paid for the time so worked at the higher rate provided that:  the greater part of the time so worked is spent in performing duties carrying the higher rate;  an employee engaged as a Children’s Services Employee Level 5 (Assistant Director) who is required to undertake the duties of a Director by reason of the Director’s absence shall not be entitled to payment under this clause unless the Director’s absence exceeds two complete consecutive working days;  an employee engaged as a Children’s Services Employee Level 3 who is required to undertake duties of the Director by reason of the Director’s non-attendance outside of core hours shall not be entitled to payment under this clause;  where an employee is appointed to act as the Director of a Centre or a Supervising Officer pursuant to the relevant childcare regulations, they shall be paid for the entire period at the rate applicable for a Director or Supervising Officer; or  an employee who is required to undertake the duties of another employee by reason of the latter employee’s absence for the purpose of attending (with pay) an approved training course (including inservice training) shall not be entitled to payment under this clause. For the purposes of this clause, the duties of an employee shall be determined by reference to this award and the employee’s job description. 8. Junior employees Junior employees employed as Children’s Services Employees Level 3, 4 and 5 shall be paid at the appropriate adult rate.

84 Junior employees employed as Children’s Services Employee Level 1 or Children’s Services Employee Level 2 shall be paid no less than the following percentages of the corresponding Children’s Services Employee Level 2 rate: Age Under 17 years Under 18 years Under 19 years

% of adult rate 70 80 90

9. Teachers - Hours of Work and Related Matters 9.1 Ordinary hours of work A full-time employee’s ordinary hours of work shall be 38 per week of which not more than 27.5 hours shall relate to the teaching of an educational program. For the purposes of this Agreement, these hours shall be described as 27.5 contact hours, two (2) non-contact hours and 8.5 hours other duties which may include class/playground, staff meetings, briefings, attendance at the ELC for the required time before the commencement of classes and any other reasonable duties as directed. The length of the working year for teachers shall not exceed 41 weeks, being made up of 40 teaching weeks and 1 week of in-service and/or pupil free days. The ordinary hours of work may be averaged over a period of four weeks. The ordinary hours of work shall be worked between the hours of 6.30 am and 6.30 pm on any five days between Monday to Saturday and shall not exceed eight hours in duration. 9.2 Breaks between periods of duty An employee shall 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. Where the College 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, or be paid at 200% of the ordinary rate of pay until released from duty. 9.3 Meal break An employee shall be entitled to a paid meal break of no more than 30 minutes, and no less than 20 minutes no later than five hours after commencing work. Provided that an employee may, by agreement with the College, leave the premises or elect not to be on call during the meal break. In that case the meal time shall not count as time worked and nor shall payment be made for such time. Where an employee is called back to perform any duties within the centre or the break is interrupted for any reason the employee shall be paid at time and a half for a minimum of 15 minutes and thereafter to the nearest quarter hour until an uninterrupted break, or the balance of the break, is taken. 9.4 Non-contact time An employee responsible for programming and planning for a group of children shall be entitled to a minimum of two hours per week, during which the employee is not required to teach or supervise children or perform other duties directed by the College, for the purpose of planning, preparing, researching and programming activities. 9.5 Overtime An employee shall be paid overtime for all authorised work performed outside of or in excess of the ordinary or rostered hours at the rate of time and one half for the first three hours and double time thereafter. Part-time employees who agree to work in excess of their normal hours shall be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the

85 early childhood service. No part-time employee may work in excess of eight hours in any day without the payment of overtime. 9.6 Time off instead of overtime payment An employee and the College may agree that an employee shall 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. Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked. Where an employee and the College have agreed to time off instead of payment for overtime and such time has not been taken:  within four weeks of accrual; or  during the non-term weeks agreed in writing between an employee and the College; The College shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked. 9.7 Make-up time An employee may elect, with the consent of the College, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours. 9.8 Teacher Director A Teacher Director shall be paid an additional allowance in recognition of the extra duties they perform over and above the role of the teacher. A full-time employee who is appointed as a Director shall be paid, an annual allowance based on a percentage of the standard rate, and calculated on the basis of the number of places in the center for which they are responsible where:  

Level 1 refers to a centre with no more than 39 places; Level 2 refers to a centre with 40–59 places; and Level 1 2

% of standard rate per year 8.50 10.0

A part-time employee who is appointed as a Director shall be paid, in addition, an allowance on a proportionate basis to the hours they work. An employee required by the College to act as a Director for at least 10 consecutive working days shall be paid at the rate applicable to that position for the time they are in the position. For the purpose of this clause the standard rate shall mean the employees current pay rate. 10. Progression for Children’s Services Employees 10.1 Progression from one level to the next within a classification is subject to an employee meeting the following criteria:  competency at the existing level;  12 months experience at that level (or in the case of employees employed for 19 hours or less per week, 24 months) and in-service training as required; and  demonstrated ability to acquire the skills necessary for advancement to the next pay point. 10.2 Where an employee is deemed not to have met the requisite competency at their existing level at the time of the appraisal, progression may be deferred for a period of three months provided that:  the employee is notified in writing of the reasons for the deferral;  the employee has, in the previous 12 months, been provided with the in-service training required to attain a higher pay point; and 

86 

following any deferral, the employee is provided with the training necessary to advance to the next level.

10.3 Where an appraisal has been deferred for operational reasons beyond the control of either party and the appraisal subsequently deems the employee to have met the requirements of clause 10.1, any increase in wages shall be back paid to the 12 (or 24) month anniversary date of the previous progression. 10.4 An employee whose progression has been refused or deferred may invoke the provisions of the Dispute resolution clause. If the resolution results in the advancement being granted, any increase in wages shall be backdated to the relevant anniversary date. 10.5 An employee employed as a Children’s Services Employee Level 2 on completion of an accredited introductory childcare course shall immediately progress by one additional level beyond that determined in accordance with clause 10.1. Any additional steps shall be subject to meeting the requirements of clause 10.1. 11. Classification Structure All employees shall be classified by the College into one of the levels contained in this Schedule in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties. Employees moving from one classification level to another shall commence on the 1st year of service rate of the higher level. 11.1 Children’s Services Employees (CSE) 11.1.1 Level 1 This is an employee who has no formal qualifications but is able to perform work within the scope of this level. The employee shall work under direct supervision in a team environment and shall receive guidance and direction at all times. The employee shall receive structured and regular on-the-job training to perform the duties expected at this level. Normally an employee at this level shall not be left alone with a group of children. (a)

Indicative duties  Learning and implementing the policies, procedures and routines of the service.  Learning how to establish relationships and interact with children.  Learning the basic skills required to work in this environment with children.  Giving each child individual attention and comfort as required.  Basic duties including food preparation, cleaning and gardening.

(b) Progression A Level 1 employee shall progress to the next level after a period of one year or earlier if the College considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level. 11.1.2 Level 2 This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the College has sufficient knowledge and experience to perform the work within the scope of this level. An employee at this level has limited knowledge and experience in children’s services and is expected to take limited responsibility for their own work. (a)

Indicative duties  Assist in the implementation of the children’s program under supervision.  Assist in the implementation of daily care routines.  Develop awareness of and assist in maintenance of the health and safety of the children in care.  Give each child individual attention and comfort as required.  Understand and work according to the centre or service’s policies and procedures.  Demonstrate knowledge of hygienic handling of food and equipment.

87 11.1.3 Level 3A This is an employee who has not obtained the qualifications required for a Level 3 employee who performs the same duties as a Level 3 employee. 11.1.4 Level 3 This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee shall possess, in the opinion of the College, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level shall also undertake the same duties and perform the same tasks as a CSE Level 2. (a)

Indicative duties  Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups.  Record observations of individual children or groups for program planning purposes for qualified staff.  Under direction, work with individual children with particular needs.  Assist in the direction of untrained staff.  Undertake and implement the requirements of quality assurance.  Work in accordance with food safety regulations.

(a) Progression Subject to this award, an employee at this level is entitled to progression to Level 3.3. An employee at this level who has completed an AQF Diploma in Children’s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work, shall be paid no less than the rate prescribed for Level 3.4. Any dispute concerning an employee’s entitlement to be paid at Level 3.4 may be dealt with in accordance with clause 2.6 - Dispute resolution, which may require the employee to demonstrate that they utilise skills and knowledge above those prescribed for Level 3 but below those prescribed for Level 4. 11.1.5 Level 4A This is an employee who has not obtained the qualifications required for a Level 4 employee who performs the same duties as a Level 4 employee. 11.1.6 Level 4 This is an employee who has completed a Diploma in Children’s Services or equivalent (e.g. Certificate IV in Out of School Hours Care) as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years. An employee at this level shall also take on the same duties and perform the same tasks as a CSE Level 3. (a)

Indicative duties  Responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups.  Responsible to the Assistant Director/Director for the supervision of students on placement.  Responsible for ensuring a safe environment is maintained for both staff and children.  Responsible for ensuring that records are maintained accurately for each child in their care.  Develop, implement and evaluate daily care routines.  Ensure that the centre or service’s policies and procedures are adhered to.  Liaise with families.

11.1.7 Level 5A This is an employee who has not obtained the qualification required for a Level 5 employee who performs the same duties as a Level 5 employee.

88 11.1.8 Level 5 This is an employee who has completed an AQF Level V Diploma in Children’s Services or equivalent and is appointed as:  an Assistant Director of a service;  

a Children’s Services Co-ordinator; a School Age Care Co-ordinator.

An Assistant Director shall also take on the same duties and perform the same tasks as a CSE Level 4. (a)

Indicative duties  Co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs.  Contribute, through the Director, to the development of the centre or service’s policies.  Co-ordinate centre or service operations including Occupational Health and Safety, program planning, staff training.  Responsible for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and all statutory and quality assurance issues.  Generally supervise all employees within the service.

A Children’s Service Co-ordinator undertakes additional responsibilities including:  co-ordinating the activities of more than one group;  supervising staff, trainees and students on placement; and  assisting in administrative functions. An unqualified Co-ordinator who co-ordinates and manages a stand-alone out-of-school hours' care and/or vacation care centre may undertake the following:  develop and/or oversee programs and ensure they offer a balance of flexibility, variety, safety and fun;  supervise the programs/activities and each staff member is fulfilling their relevant duties and responsibilities;  carry out administrative tasks including fee collection and receipting, banking, staff pay, etc.;  administer first aid when appropriate and ensure that injured children receive appropriate medical attention;  

work positively with parents and/or committees; and understand and work in accordance with the centre or service’s policies.

11.1.9 Level 6A This is an employee who has not obtained the qualification required for a Level 6 employee who performs the same duties as a Level 6 employee. 11.1.10 Level 6—Director A Director is an employee who holds a relevant Degree or a 3 or 4 year Early Childhood Education qualification, or an AQF Advanced Diploma, or a Diploma in Children’s Services, or a Diploma in Out-ofHours Care; or is otherwise a person possessing such experience, or holding such qualifications deemed by the College or the relevant legislation to be appropriate or required for the position, and who is appointed as the director of a service. (a)

Indicative duties  Responsible for the overall management and administration of the service.  Supervise the implementation of developmentally appropriate programs for children.  Recruit staff in accordance with relevant regulations.  Maintain day-to-day accounts and handle all administrative matters.  Ensure that the centre or service adheres to all relevant regulations and statutory requirements.  Ensure that the centre or service meets or exceeds quality assurance requirements.

89     

Liaise with families and outside agencies. Formulate and evaluate annual budgets. Liaise with management committees as appropriate. Provide professional leadership and development to staff. Develop and maintain policies and procedures for the centre or service.

Director Level 1 A Director Level 1 is an employee appointed as the Director of a service licensed for up to 39 children or a Family Day Care service of no more than 30 family based childcare workers and is paid at the Level 6.1 to 6.3 salary range. Director Level 2 A Director Level 2 is an employee appointed as the Director of a service licensed for between 40 and 59 children or a Family Day Care service with between 31 and 60 family based childcare workers and is paid at the Level 6.4 to 6.6 salary range. Qualified Co-ordinator This is also the level for a qualified Co-ordinator who co-ordinates and manages a stand-alone out-ofschool hours care and/or vacation care centre and has successfully completed a post-secondary course of at least two years in Early Childhood Studies or an equivalent qualification. A Co-ordinator appointed to co-ordinate the activities of a service licensed to accommodate up to 59 children shall be paid at the salary range Level 6.1 to 6.3. A Co-ordinator appointed to co-ordinate the activities of a service licensed to accommodate 60 or more children shall be paid at the salary range Level 6.4 to 6.6. 11.2 Support Worker 11.2.1 Level 1 This is an untrained, unqualified employee. Employees at this level shall work under supervision with guidance and direction. (a) Indicative duties  Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.  Laundry work.  Cleaning.  Gardening.  Driving.  Maintenance (non-trade).  Administrative duties. (b) Progression An employee shall progress to Children’s Services Support Employee (CSSE) Level 2 after 12 months, or earlier if the employee is performing the duties of a children’s Services support employee Level 2. 11.2.2 Level 2 An employee at this level shall possess skills, training and experience above that of a CSSE Level 1 and below that of a CSSE level 3. An employee at this level works under routine supervision and exercises discretion consistent with their skills and experience. (a)

Indicative duties  Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.  Laundry work.  Cleaning.  Gardening.  Driving.  Maintenance (non-trade).

ď&#x201A;ˇ

90 Administrative duties.

11.2.3 Level 3 An employee at this level possesses an AQF Certificate III or equivalent skills and performs work at that level as required by the College.

91 Schedule 16 Early Learning Centre Wage Table Teaching Staff

Level 1

1/07/2011 Salary F/night Annual

48,834 50,235 51,903 53,688

1/07/2012 Salary F/night Annual 1,953.35 50,787

1/07/2013 Salary F/night Annual 2,011.96 52,311

2,009.38 2,076.12 2,147.54

52,244 53,979 55,836

2,069.69 2,138.38 2,211.96

53,812 55,598 57,511

55,892 58,252 61,290 64,354 67,421

2,268.58 2,330.08 2,451.62 2,574.15 2,696.85

58,983 60,582 63,742 66,928 70,118

2,336.62 2,400.00 2,525.15 2,651.38 2,777.73

60,752 62,400 65,654 68,936 72,221

69,976 72,544 75,096 77,802

2,799.04 2,901.77 3,003.85 3,112.08

72,775 75,446 78,100 80,914

2,883.00 2,988.81 3,093.96 3,205.46

74,958 77,709 80,443 83,342

81,360

3,254.38

84,614

3,352.04

87,153

3,332.15

86,636

3,432.12

89,235

92 Children Services Employees and Group Leaders

Level 1

1/7/2011 Hourly F/night Rate Wage 17.65 1341.10

Hourly Rate 18.35

1/7/2012 F/night Wage 1394.74

% Increase 4

Hourly Rate 18.90

1/7/2013 F/night Wage 1436.59

% Increase 3

2.1 2.2

18.32 18.95

1392.50 1440.56

19.06 19.71

1448.20 1498.18

4 4

19.63 20.30

1491.65 1543.13

3 3

19.78

1503.08

20.57

1563.20

21.19

1610.10

3.1 3.2 3.3 3.4

20.90 20.78 21.43 22.62

1526.66 1579.16 16.29.00 1718.88

20.89 21.61 22.29 23.52

1587.73 1642.33 1694.16 1787.64

4 4 4 4

21.52 22.26 22.96 24.23

1635.36 1691.60 1744.98 1841.26

3 3 3 3

21.43

1629.00

22.29

1694.16

22.96

1744.98

4.1 4.2 4.3

23.66 24.31 24.38

1798.52 1847.68 1852.82

24.61 25.28 25.35

1870.46 1921.59 1926.93

4 4 4

25.35 26.04 26.12

1926.57 1979.23 1984.74

3 3 3

5.1 5.2 5.3

24.75 25.10 25.46

1880.62 1907.76 1934.90

25.73 26.11 26.48

1955.84 1984.07 2012.30

4 4 4

26.51 26.89 27.27

2014.52 2043.59 2072.66

3 3 3

6.1 6.2 6.3 6.4 6.5 6.6

28.53 28.89 29.24 30.34 30.61 30.98

2168.30 2195.44 2222.58 2305.56 2326.48 2354.50

29.67 30.04 30.41 31.55 31.84 32.22

2255.03 2283.26 2311.48 2397.78 2419.54 2448.68

4 4 4 4 4 4

30.56 30.94 31.33 32.50 32.79 33.19

2322.68 2351.76 2380.83 2469.72 2492.13 2522.14

3 3 3 3 3 3