[2012] FWAA 2843
DECISION Fair Work Act 2009 s.185—Enterprise agreement
Albany Creek Kindergarten (AG2011/3614)
ALBANY CREEK KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012 Educational services VICE PRESIDENT LAWLER
ALICE SPRINGS, 5 APRIL 2012
Application for approval of the Albany Creek Kindergarten Early Childhood Education Enterprise Agreement 2012. [1] An application has been made for approval of an enterprise agreement known as the Albany Creek Kindergarten Early Childhood Education Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Albany Creek Kindergarten. The Agreement is a single-enterprise agreement. [2] Clause 1.3 of the Agreement states that the nominal expiry date of the Agreement ‘shall be 2015’. The date ‘2015’ is ambiguous as it does not provide the specific day upon which the Agreement nominally expires. The parties must have intended for the nominal expiry date to be one of the following three dates: 31 December 2014, 1 January 2015 or 31 January 2015. In this sort of context, the Courts and Tribunals strive to give effect to something that was clearly intended to be a binding agreement rather than see it fail for want of certainty (compare Upper Hunter District Council v Australian Chilling & Freezing Co Ltd (1968) 118 CLR 429 at 436-7 per Barwick CJ in the context of commercial agreements). [3] I had my associate communicate with the Australian Community Services Employers Association (ACSEA), the Employer’s bargaining representative for the Agreement, in relation to this issue. ACSEA confirmed that it was the Employer’s belief that the parties intended for the Agreement to nominally expire on 31 December 2014. My associate also communicated with the Independent Education Union of Australia (Union), which was a bargaining representative for employees in relation to the Agreement. The Union informed that, following consultation with employees who voted in the ballot which approved the Agreement, it was both the understanding of the employees and the Union that the parties intended that the nominally expiry date of the Agreement would be 31 December 2014. There are no reasons before me to doubt that the parties did not objectively intend that 31 December 2014 would be the nominal expiry date. In these circumstances, I consider it appropriate to give effect to the common intention of the parties and therefore conclude that the Agreement nominally expires on 31 December 2014. 1
[2012] FWAA 2843
[4] 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. [5] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation. [6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2012. The nominal expiry date of the Agreement is 31 December 2014.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer <Price code G, AE892895 PR521994>
2
ALBANY CREEK KINDERGARTEN
EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012
Albany Creek Kindergarten Enterprise Agreement 2012 Page 1 of 24
ALBANY CREEK KINDERGARTEN EARLY CIDLDHOOD EDUCATION ENTERPRISE AGREEMENT 2012 INDEX 1.
PREliMINARY ............................................................................................................................... 3 1.1. Title ............................................................................................................................................ 3 1.2. Application of the Agreement .................................................................................................... 3 1.3. Date and Period of Operation ..................................................................................................... 3 1.4. Definitions .................................................................................................................................. 3 1.5. Agreement Posting ..................................................................................................................... 4 1.6. Relationship to Parent Award .................................................................................................... 4 1.7. No Further Claims ...................................................................................................................... 4 1.8. Dispute Resolution.: ................................................................................................................... 4 1.9. Concerns regarding capacity or performance ............................................................................5 1.10. Flexibility Term ......................................................................................................................... 5 1.11. Consultation clause .................................................................................................................... 6
2.
WAGES AND WAGE RELATED MATIERS ................................................................................ 8 2.1. Payment of Wages ...................................................................................................................... 8 2.2. Effective dates of wage rate increases ....................................................................................... 8 2.3. Band Access ............................................................................................................................... 8 2.4. Professional Development ....................................................................................................... 10 2.5. Allowances ................................................................................................................. , ............. 11 2.6. Salary Sacrifice ........................................................................................................................ 13 2.7. Superannuation ..................... :................................................................................................... 13
3.
EMPLOYMENT CATEGORIES AND RELATED ARRANGEMENTS .................................... 14 3.1. 3.2. 3.3.
4.
HOURS OF WORK AND BREAKS ............................................................................................. 16 4.1. 4.2. 4.3. 4.4.
5.
EmploynIent Categories ............................................................................ ;... ,.......................... 14 Replacement and Relief Employees ......................................................................................... 15 Termination of Employment by Employer and Employee ...................................................... 15 Hours of Work .......................................................................................................................... 16 Meal Breaks ............................................................................................................................. 17 Student Free Days .................................................................................................................... 17 Peripheral and Incidental Tasks ................ ,.............................................................................. 17
LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS .............................................................. 17 5.1. Payment for full year or proportion of year and Annual Leave Loading ................................. 17 5.2. Vacation Leave ........................................................................................................... ,............. 18 5.3. Personal/Carer's Leave ............................................................................................................ 18 5.4. Compassionate Leave ............................................................................................................... 18 5.5. Parental Leave .......................................................................................................................... 18 5.6. Long Service Leave .................................................................................................................. 18 5.7. PUblic holidays ......................................................................................................................... 19 5.8. Redundancy .............................................................................................................................. 20 5.9. Jury service .......·..........................................................................................................0' ••••••••.•.•• 20
6.
SIGNATORIES .............................................................................................................................. 22
SCHEDULE A - EARLY CHILDHOOD EDUCATION WAGE RATES .......................................... 23
Albany Creek Kindergarten Enterprise Agreement 2012 Page 2 of 24
1.
PRELIMINARY
1.1.
Title
This Agreement shall be known as the Albany Creek Kindergarten Early Childhood Education Enterprise Agreement 2012. 1.2.
Application of the Agreement
This Agreement shall apply to Albany Creek Kindergarten Association Inc, to all employees of Albany Creek Kindergarten Association Inc for whom classifications and rates of pay are contained in this Agreement 1.3.
Date and Period of Operation
1.3.1 This Agreement will commence operation 7 days after the Agreement is approved by Fair Work Australia. The nominal expiry date of the Agreement shall be 2015. 1.3.2
Where this Agreement provides for a benefit from a date earlier than the commencement date the employer will provide such benefit backdated to the earlier date.
1.4.
Defmitious
'FWA' means Pair Work Australia 'NES' means National Employment Standard 'Employer' means the Management Committee of the Albany Creek Kindergarten Association Inc. 'Director' means a teacher-in-charge (director) who is a teacher as defined by this Agreement and who is required to organise and conduct the programs and direct staff within the kindergarten/preschool and is in-charge of the kindergarten/preschool. The director may be required to perform such administrative work that is peripheral and incidental to performing these duties. 'T cacher' means a person who holds a qualification accepted by the Queensland College of Teachers to teach in Queensland, and who is qualified to teach in the early childhood education field. 'Exempted Teacher' means an employee who does not hold qualifications accepted by the Queensland College of Teachers for registration as a teacher in Queensland, however, that person is in charge of a program in a kindergarten/preschool. 'External Relief Teacher' means an employee who is a relief teacher and is not a current staff member at the time of appointment. 'Internal Relief Teacher' means an employee who is a relief teacher and is a current staff member at the time of appointment. 'Assistant' means an employee who is engaged in assisting in programs at the centre and is under the direction of either a teacher or exempted teacher. 'School Year' means the period of twelve months from the day the employees are required to attend the kindergarten for the new educational year; includes tem weeks and non-ferm weeks. Albany Creek Kindergarten Enterprise Agreement 2012 Page 3 of24
'Term-weeks' means the school education weeks of the year as gazetted for State Schools. 'Vacation Time' means the periods between school terms, excluding any period of annual leave. 1.5.
Agreement Posting
A copy of this Agreement shall be exhibited in a conspicuous and convenient place at the workplace so as to be easily read by all employees. 1.6.
Relationship to Parent Award
1.6.1.
From the date of approval until 2015 this Agreement will be read and interpreted wholly in conjunction with the Educational Services (Teachers) Award 2010 and the Children's Services Award 2010 (as applicable to the relevant classification) as it exists at the date of making of this Agreement. -
1.6.2.
To the extent of any inconsistency between this Agreement and the applicable Educational Services (Teachers) Award 2010 and the Children's Services Award 2010 this Agreement will prevail. Subject to clauses 1.5.1, in all other areas the content of the Educational Services (Teachers) Award 2010 and the Children's Services Award 2010 (as applicable to the relevant classification) will continue to apply.
1.7.
No Further Claims
1.7.1.
With the exception of the clause 2.2.1 there will be no further claims during the period of this Agreement.
1.8.
Dispute Resolution
1.8.1.
If a dispute relates to: ( a)
a matter arising under this Agreement; or
(b)
the National Employment Standards;
this- term sets out procedures to settle the dispute. 1.8.2.
An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
1.8.3.
In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and the Director.
1.8.4.
If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Wark Australia for assistance to settle the dispute.
1.8.5.
While the parties are trying to resolve the dispute using the procedures in this term: (a)
an employee must continue to perform work as they would normally unless they have reasonable concern about an imminent risk to health or safety; and
(b)
an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i)
the work is not safe; or
Albany Creek Kindergarten Enterprise Agreement 2012 Page 4 of 24
(ii)
applicable occupational health and safety legislation would not permit the work to be performed; or
(iii)
the work is not appropriate for the employee to perform; or
(iv)
there are other reasonable grounds for the employee to refuse to comply with the direction.
1.8.6.
The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.
1.9.
Concerns regarding capacity or performance
1.9.1.
Where it is alleged that an employee's capacity or performance is unsatisfactory, then the following procedure should be followed. The existence of this procedure shall not prevent an employer from dismissing an employee for gross misconduct.
1.9.2.
Initial discussions and direction will be provided on an informal basis by the Director or the employers delegate as the case may be. The employee shall be advised that such discussion forms part of this process.
1.9.3.
If the problem/s persists the Director or the employers Delegate will formally discuss with the employee: (a)
the matter/s of concern
(b)
actions necessary to resolve the concerns; and
(c)
a timetable for improvement to be evidenced.
Input including explanation will be sought from the employee as part of this discussion.
1.9.4.
As a result of the discussions at clause 1.9.3 above the Director or the employers delegate will notify the employee in writing regarding those matters in question and specifically that notice will detail the points identified at paragraph (a), (b) and (c) of clause 1.9.3.
1.9.5.
The notice identified at clause 1. 9.4 will be signed and confirmed by the employee to record the discussion which has taken place. If there is disagreement as to the content of the notice the employee shall have the opportuIlity for their views to be placed on the record.
1.9.6.
Monitoring and counselling shall then be provided to the employee by the Director or the employer's delegate.
1.9.7.
Where the problem/s is not rectified through the use of the above process the employer may terminate the employee's employment.
1.10. Flexibility Term 1.10.1. An employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a)
the agreement deals with 1 or more of the following matters: (i)
arrangements about when work is performed;
(ii)
overtime rates;
(iii)
penalty rates;
(iv)
allowances;
Albany Creek Kindergarten Enterprise Agreement 20U PageS of 24
(v)
leave loading; and
(b)
the arrangement meets the genuine needs of the employer 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 employer and employee.
1.10.2. The employer must ensure that the terms of the individual flexibility arrangement: (a)
are about permitted matters under section 172 of the Fair WorkAct 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.
1.10.3. The employer must ensure that the individual flexibility arrangement: (a)
is in writing; and
(b)
includes the name of the employer and employee; and
(c)
is signed by the employer 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:
(e)
(i) (ii)
the terms of the Agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and
(iii)
how the employee will be better off overall in relation to the tenns and conditions of his or her employment as a result of the arrangement; and
states the day on which the arrangement commences.
1.10.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.10.5. The employer 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 employer and employee agree in writing -
at any time.
1.11. Consultation clause 1.11.1. This term applies if: (a)
the employer 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 enterprise.
1.11.2. The employer must notify the relevant employees of the decision to introduce the major change. 1.11.3; The relevant employees may appoint a representative for the purposes of the procedures in this term. 1.11.4. If: Albany Creek Kindergarten Enterprise Agreement 2012 Page 6 of 24
(a)
a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b)
the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative. 1.11.5. As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i)
the introduction of the change; and
(ii)
the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b)
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)1nformation about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees. 1.11.6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 1.11.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 1.11.S. If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in subclause 1.11.2; 1.11.3 and 1.1.1.5 are taken not to apply. 1.11.9. In this term, a major change is likely to have a significant effect on employees if it results in: (a)
The termination of employment of,employees; or
(b)
Maj or change to the composition, operation or size of the employer'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
(e)
The need to retrain employees; or
(t)
The need to relocate employees to another workplace; or
(g)
The restructuring of jobs.
AJbany Creek Kindergarten Enterprise Agreement 2012 Page 7 of 24
1.11.10. In this term, relevant employees mean employees who may be affected by the major change.
2.
WAGES AND WAGE RELATED MA1'TERS
2.1.
Payment of Wages
2.1.1.
Except where otherwise mutually agreed between the employer and the employee, payment of wages shall be made fortnightly.
2.1.2.
Payments will be made by direct transfer into the employee's bank aCC01ll1t.
2.2.
Effective dates of wage rate increases
2.2.1.
This agreement has provision for the following wage rate increases for Teachers and Assistants: a) b) c)
From the 1st July 2012 - minimum wage increase or 4% whichever is the greatest From the 1st July 2013 - minimum wage.increase or 4% whichever is the greatest From the 1st July 2014 - minimum wage increase or 4% whichever is the greatest
Plus Further Increase for Teachers only Subject to a negotiated agreed outcome with regard to hours or work during the life of this agreement, as provided for in Clause 4.4.1 (b) of this agreement, the following additional wage increases will apply. a) b) c)
Upon a negotiated agreed outcome regarding hours of work From 1st July 2013 From 1st July 2014
- 2%
- 2% - 2.7%
2.3. Band Access 2.3.1.
Teacher (3 year trained) a) Teachers admitted to the service with 3 years of teacher training or such other qualifications recognised by the employer for this purpose may be appointed as a Teacher 3 year trained. b) A Teacher 3 year trained shall commence on the 1st step of Band 1 and progress by annual increment to the 5 th step of Band 2. c) A teacher 3 year trained shall progress from the 5th step of Band 2 to the 1st step of Band 3 subject to access criteria agreed by the joint validation committee and shall then progress by annual increment to 4th step of band 3. d) A teacher 3 year trained will progress to Band 3 after serving one year on the 5 th step of Band 2. Such teacher will then progress through Band 3 biennial increments, i.e. Every 2 years on each incremental step of Band 3 shall then entitle the teacher to move to the next appropriate step of Band 3.
Albany Creek Kindergarten Enterprise Agreement 2012 Page 8 of 24
e) A teacher 3 year trained may accelerate this progression by performing a minimum of 7 days professional development activity in their own time and submitting a portfolio of these activities and any other relevant matters to the join validation committee for assessment.
f) A teacher 3 year trained may undertake an appropriate additional year of formal training which shall entitle them to move to the appropriate step on the scale that relates to their years of experience up to the maximum of Band 3 Step 4. g) Credit for professional development activities shall be given if such activities occurred prior to 1 July 1991 if these activities can be appropriately documented to the satisfaction of the joint validation committee. . h) A teacher 3 year trained shall keep a portfolio of the teacher's professional development activities which shall be validated by the joint validation committee before the teacher is entitled to move between Band 2 and Band 3. i) A teacher 3 year trained who obtains an approved degree from a recognised university or and approved equivalent tertiary qualification shall be appointed as a teacher 4 year trained with the same years of service.
2.3.2 Teacher (4 year trained) a) Teachers admitted to the service who hold an approved degree from a recognised university or an approved equivalent tertjary qualification plus at least one year of teacher training or such other qualifications, recognised by the employer as equivalent to one year of teacher training, may be appointed as a teacher 4 year trained. b) A teacher 4 year trained shall commence on the first step of Band 2 and shall progress by annual increment to the fourth step of Band 3. c) A teacher admitted to the service as a teacher 4 year trained who has an approved bachelor's degree with first or second class honours, or a higher degree or two approved degrees from a recognised university and one year of teacher training shall commence on the 2nd step of Band 2. d) A teacher 3 year trained who obtains an approved degree from a recognised university or an approved equivalent tertiary qualification shall be appointed as a teacher 4 year trained with the same years of service.
2.3.3. Exempted Teacher Exempted Teachers are defined as follows: a)
Grade 1: employees who have no formal early childhood education qualification;
b)
Grade 2: employees who hold an early childhood education qualification which ordinarily can be obtained by studying full time for one year. E.g. Certificate III
c)
Grade 3: employees who hold an early childhood education qualification which ordinarily can be obtained by studying full-time for two years. (E.g. Diploma)
Albany Creek Kindergarten Enterprise Agreement 2012 Page 9 of路24
2.3.4. Assistants Assistants are defined as follows: a)
Grade 1: employees are an unqualified and are enrolled in studying for their Certificate III in early childhood education.
b)
Grade 2: employees who hold an early childhood education to a one year qualjfication. E.g. Certificate III
Grade 3: employees who hold an early childhood education qualification equivalent to-a
c)
two qualification or higher. E.g. Diploma or higher or have completed the equivalent number of accredited professional in-service hours. d) For the purposes of this Agreement, qualifications are those obtained through a college of technical and further education (TAPE), a college of Advanced Education or University, a Registered Training Organisation, or such similar institution that may be relevant to the early childhood education field. e)
2.3.5.
For the purposes of this clause 2.3.4 the equivalent number of approved accredited professional in-service hours is deemed to be 175 hours before progression can occur. For advancement from Grade 2 to Grade 3 the employee will be required to compleJe either a formal training year (eg. Cert III to Diploma) or alternatively 175 hours of accredited professional in-service.
Further Wage Claims The parties-agree to pursu~ an independent determination on whether assistants shOUld receive additional wage increases. To this end, the matter may be referred to the Fair Work Australia for determination or, if prior to this occurring, a s:i:rhilar case in determined by Fair Work Australia, the parties agree to accept that decision.
2.3.6.
Annual Progression a) Except as otherwise provided, progression from one step to a higher step shall be by annual increment for a full-time teacher. b) A part-time employee (teacher or assistant) will progress to the next increment following the completion of 1,000 contact hours.
2.4.
Professional Development
2.4.1.
Teachers will be required to undertake the continuing professional development as per the requirements of the Queensland College of Teachers. The Teacher maybe required at 'the direction of the committee to attend during school vacation periods for professional development activities arranged for them.
2.4.2.
However, teachers are not required to attend employer organised activities if they have already prepared their own professional development plan for the calendar year and had such plan approved in advanced by the employer. In this case, the employer can elect whether or not to pay for such activities.
Albany Creek Kindergarten Enterprise Agreement 2012 Page 10 of 24
2.4.3.
2.5. 2.5.1.
2.5.2.
Assistants and exempted teachers may be required by their employer to attend professional development activities for a total of 20 hours during vacation periods for professional development activities arranged for them.
Allowances Director's Allowance a)
A teacher appointed as a Director shall be paid the allowance in addition to their wage.
b)
In the case of a part-time director, this allowance will be paid on a pro-rata basis according to the number of hours per week worked. Teachers sharing the responsibility of director shall be entitled to a pro rata proportion of this allowance based on their usual work pattern (i.e., a job-share arrangement between two employees where one works 3 days and the other works 2 days will result in the first employee receiving three-fifths of the allowance and the second employee receiving two-fifths of the allowance.
c)
No centre shall be required to pay more than 100% of the relevant director's allowance as a result of a job-share arrangement.
d)
Allowances are paid as per Schedule A.
Relieving Director's Allowance Where a teacher is required to relieve the director, the additional amount per day shall be paid as per Schedule A.
2.5.3.
Senior Teacher's Allowance a)
A teacher may apply to receive a seriior teacher's allowance, subject to the following criteria: .
i. ii. ill.
iv.
One year's employment on Band 3 Step 4; and Completion of three (3) days professional development, in their own time, in each of the three (3) years preceding the application for Senior Teacher; and Provision, on request, of a portfolio of professional development activities undertaken; and Ongoing requirement to complete CPD requirements as set by the Queensland College of Teachers professional development on an annual basis to be attended in own time.
b) In the case of a part-time teacher, this allowance will be paid on a pro-rata basis according to the number of days per week worked. c)
For the purposes of this allowance, a day would require a minimum of six hours course content.
d) For the purposes of this allowance, professional development is a professional activity conducted by an accredited professional body, i.e. C&K, ECA, ECTA, Department of Education and the Arts, lEVA, TAFE, university where the content/topic/theme is based on early childhood education. Albany Creek Kindergarten Enterprise Agreement 2012 Page 11 of24
e)
Professional development for the purposes of this allowance does not inc1udefirst aid or fire safety training.
f)
Should a teacher wish to have any other activity recognised as relevant professional development for the purposes of this allowance, they are required to provide details of attendance (including hours), the nature of the course work involved and the providers of the course.
g) To ensure continued payment of this allowance, on an annual basis, teachers will be required to submit a portfolio of evidence of professional development activities undertaken during the previous year. h) The amount paid will be as per Schedule A.
2.5.4.
Locality Allowances a)
A teacher shall be paid: i.
The full rate of the locality allowance if the teacher satisfies the Management Committee that he or she has a dependent spouse, dependent de facto spouse or dependent child; or
ii.
One-half of the full rate of locality allowance if the teacher does not have a dependent spouse, dependent de facto spouse or dependent child.
b) Dependents: As a guide, a person in receipt of remuneration less than the Queensland minimum wage per week could be regarded as a dependent. c)
Spouse eligible for locality allowance: One half of the full rate of locality allowance shall be paid to a Teacher, even though the Teacher has a dependent child, whose spouse or de facto spouse lives with the Teacher and: 1.
is also an employee of the kindergarten/preschool; or
ii.
is employed by a corporation sole, statutory corporation, board, authority or other body constituted under any Act; and is eligible to receive a locality allowance as a result of that employment.
d)
Teachers are paid the locality allowances prescribed under the Directive 19/99 Locality Allowances, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996. Should the Directive 19/99 Locqlity Allowances be adjusted during the term of this Agreement, the allowances payable will be amended to reflect such adjustments.
e)
NotifiCation of change of circumstances: A Teacher receiving a locality allowance shall notify their manager immediately of any changes in the Teacher's circumstances that would affect the amount of locality allowance payable.
f)
Payable during periods of paid leave: Locality allowance shall be paid to a Teacher absent on vacation, annual, sick or long service leave or any other leave on full salary_
Albany Creek Kindergarten Enterprise Agreement 2012 Page 12 of 24
2.6. 2.6.1.
g)
Not payable during unpaid leave. Locality allowance shall, not be paid to a Teacher absent on leave without pay.
h)
Exempted Teachers are not eligible for the locality allowance.
. Salary Sacrifice
An employee will be entitled to salary sacrifice a portion of their salary to any benefit which does not attract a Fringe benefit Tax liability.
2.6.2.
Where a salary sacrifice arrangement is entered into it will be recorded in writing.
2.6.3.
Where such an arrangement is entered into, the employee's total salary shall be reduced by an amount equivalent to that nominated in the arrangement.
2.6.4.
The employee's salary used to calculate superannuation contributions, leave loading, annual leave or vacation entitlements, long service leave, severance and terminatIon payment entitlements, will be the gross base salary in accordance with this agreement - i.e. the wages the employee would receive if not taking part in a salary packaging arrangement.
2.6.5.
Salary packaging arrangements may be altered once per annum.
2.6.6.
The employer reserves the right to outsource the administration of salary packaging arrangements to a provider appointed by the employer.
2.6.7.
The employer will meet the cost associated with salary sacrifice to superannuation.
2.6.8.
The employee may be required to meet the cost of salary sacrifice arrangements to benefits other than superannuation.
2.7.
Superannuation
2.7.1.
In addition fo the wages prescribed in this Agreement, eligible employees, as defined below, shall be entitled to occupational superannuation benefits in accordance with Superannuation Guarantee (Administration) Act 1992, as amended from time to time.
2.7.2.
Employees can elect to have their contributions paid to any complying superannuation fund. However should an employee not elect a preferred fund, contributions on their behalf will be made to QIEC as the default fund.
2.7.3.
The employer will provide all employees with a Standard Choice Form within 28 days of the commencement of this agreement or within 28 days of the commencement of their employment.
2.7.4.
The employing authority shall make available to all employees the following options: (a)
where an employee makes a contribution of at least 1% to superannuation, the employer will contribute an additional 1 % (that is a total contribution of 10%) to the employee's superannuation; and
(b)
where an employee makes a contribution of at least 2% to superannuation, the employer will contribute an additional 2% (that is a total contribution of 11%) to the employee's superannuation; and
Albany Creek Kindergarten Enterprise Agreement 2012 Page 13 of 24
where an employee makes a contribution of at least 3% to superannuation, the employer will contribute an additional 3% (that is a total contribution of 12%) to the employee's superannuation.
(d)
where an employee makes a contribution of at least 5% to superannuation, the employer will contribute an additional 3.75% (that is a total contribution of 12.75%) to the employee's superannuation.
So as to remove doubt, an employee's contribution to superannuation identified in this clause can be made by way of salary sacrifice in accordance with clause 2.6.
2.7.5.
3.
(c)
EMPLOYMENT CATEGORIES AND RELATED ARRANGEMENTS
3.1.
Employment Categories
3.1.1.
Employment categories are: a)
Full time - engaged for the maximum hours
i. ii.
Teachers Assistants -
75 hours per fortnight 76 hours per fortnight
b) Part Time - engaged for less than the maximum hours in (a) above c) 3.1.2.
Casual- engaged by the hour
Part Time a)
Part time employees shall be paid a proportion of the wage prescribed in Schedule A, B and C according to the number of hours worked by the employee during the ordinary working week.
b)
A part time employee will receive, on a pro rata basis, equivalent pay and conditions to those of full time employees.
c)
The ordinary hours of work for a part-time employee will be confirmed in writing.
d)
The hours of work for a part time employee can be altered by mutual agreement recorded in writing.
e)
Any additional hours so worked shall be taken into account in the pro rata calculation of entitlements.
1)
In exceptional cases, and on a short term basis, part-time employees may work the maximum ordinary hours.
g)
Eligibility to move to the next increment will require the completion of 1,000 contact ~~
3.1.3.
.
Casual
Albany Creek Kindergarten Enterprise Agreement 2012 Page 14 of 24
3.2. 3.2.1.
3.2.2.
a)
A casual employee shall be employed as such, engaged on an hourly basis to perform duties.
b)
Minimum engagement of 2 hours per day.
c)
A casual employee shall be paid a proportion of the wage prescribed in Annexure A, with an additional 23% loading.
Replacement and Relief Employees Replacement Employee a)
A replacement employee is a person engaged for a fixed period of time as notified in a letter of appointment.
b)
The replacement employee is entitled to pro rata payment for annual leave, non-term time and public holidays.
Relief Employees a)
A relief employee means an employee who relieves another employee for a period of less than one month for the purpose of carrying out the absent employee's function. A relief employee may be internal or externaL
b)
Where the engagement is for more than one month, a relief employee should be regarded as a replacement employee.
c)
A relief teacher shall be paid a proportionate hourly rate in accordance with the wages in Schedule A, provided that a minimum of 2 hours shall be paid for each engagement.
d)
A relief assistant or exempted teacher shall be paid a proportionate hourly rate in accordance with the wages in schedule A, provided that a minimum of 2 hours shall be paid for each engagement.
e)
An internal relief teacher shall be paid on the casual rate of their current .rate and an external relief teacher shall be paid a daily rate based on (Band 3,. Step 1), based on working 7.5 hours per day.
3.3.
Termination of Employment by Employer and Employee
3.3.1.
Termination by Employer a)
The employment of an employee (other than a casual employee) will not be terminated without at least (4) four weeks' notice. Notice must be given during term time.
b)
In addition, an employee aged over 45 years old at the time of giving notice and with not less than 2 year's continuous service, will be entitled to an additional week's notice.
c)
Payment in lieu of notice of (4) four weeks.
d)
The period of notice outlihed above will not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or to replacement (where the employee reaches the end of their fixed term engagement), relief or casual employees.
Albany Creek Kindergarten Enterprise Agreement 20U Page 15 of 24
e) 3.3.2.
3.3.3.
These provisions may be varied by mutual consent but shall be not less than the NES.
Resignation of Employee a)
An employee will give the employer (4) four weeks' notice. If the employee fails to give the appropriate notice, the employer has the right to withhold monies due to the employee up to an amount equal to the ordinary time rate for the period of notice not given.
b)
Notiey must be given during term-time at least (4) four weeks prior to the end of the. current term
c)
These provisions may be varied by mutual consent.
Statement of Service The employer shall, in the event of resignation or termination of employment, provide upon request to an employee whose employment has been terminated a written statement specifying the period of employment and the classification type of work perfomled by the employee.
or
4.
HOURS OF WORK AND BREAKS
4.1.
Hours of Work
4.1.1. Teachers
4.1.2.
a)
The ordinary hours of work for a teacher shall not exceed 37.5 hours per week.
b)
The employer and the employee will negotiate teaching load 路and non-contact time and this will be agreed in writing by all parties to be mutually beneficial to the function of the centre allowing the centre to comply with legislation requireml?nts. To be clear, the additional wage increase provided for in Clause 2.2.1 of this Agreement shall only be payable by the employer in circumstances where parties have negotiated an agreed outcome with regard to the hours of work. It is a requirement that any agreed outcome negotiated under this clause, will include productivity gains for the (insert the name of your kindergarten here).
c)
All new employees the employer will provide the employee (other than a casual employee) with a letter of appointment stating the classification and rate of salary applicable on commencement, the employee's teaching load and details of non-contact time.
d)
The normal starting路 times of a kindergarten program may be varied if agreed in writing by all parties to be mutually beneficial to the function of the centre. Assistants a) The ordinary hours of duty for an employee, other than a teacher, shall not exceed 38 hours per week.
Albany Creek Kindergarten Enterprise Agreement 2012 Page 16 of 24
b) The normal starting times may varied if agreed in writing by all parties to be mutually beneficial to the function of the centre. 4.2.
Meal Breaks
4.2.1.
Where an employee works continuously for at least five (5) hours on anyone day, that employee shall receive a thirty (30) minute paid meal break;
4.2.2.
The mealbreak provided in clause 4.2.1 is to be treated as time worked for all purposes. Where possible employees shall路not be in charge of children during their meal break, but shall remain on the premises and be on call.
4.2.3.
Teachers and assistants are able to eat at the time same time as the children (i.e. during morning tea, lunch and afternoon tea).
4.3.
Student Free Days A maximum of five (5) student free days per year shall be deemed to be a "non contact day" for the purposes, of administration, professional development and programming duties to be worked at the work place or offsite at approved professional development.
Peripheral and Incidental Tasks
4.4.
The employer may require an employee to perform peripheral and incidental tasks associated with their employment during school vacation periods, such as enrolments, securing of the premises,set up for new term and other similar tasks.
5.
LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
5.1.
Payment for full year or proportion of year and Annual Leave Loading
5.1.1.
An employee upon appointment shall be paid as from the date upon which the employee commenced duty, provided that an employee who has worked (or has been granted leave by the employer), for each day of the standard year at a particular centre, shall be paid for a full calendar year.
5.1.2.
An employee who ceases duty after at least ten teaching weeks of employment shall be paid the proportion of the employee's salary for that year that the employee's services, excluding vacation periods, bears to the standard year.
5.1.3.
A standard year is deemed for the purposes of this section to be 42 teaching weeks.
5.1.4.
The salary that is proportioned shall路 be calculated on the salary the-employee is receiving immediately before the cessation of employment.
5.1.5.
An employee who ceases duty before completing 10 weeks of employment shall be paid an amount equal to 1/1ih of their ordinary pay for the period of employment.
5.1.6.
A further amount calculated at the rate of 17.5% of the amount of salary payable shall be paid to all employees calculated on the basis of an entitlement of 4 weeks annual leave and in the case where an employee. does not teach for the full 42 weeks then in the same proportions that
Albany Creek Kindergarten Enterprise Agreement 2012 Page 17 of24
the employee's teaching (excluding vacations) bears to the standard year. 5.2.
Vacation Leave
5.2.1.
A full time and part time employee is entitled to vacation leave. The employer may require attending the centre during these periods to perform peripheral and incidental tasks associated with the centre.
5.3.
Personal/Carer's Leave
5.3.1.
A full time employee will accrue (10) ten days of paid personal leave for each completed year of service when they are unable to attend work due to illness or injury. A part time employee will accrue paid personaVcarer's leave on a pro rata basis.
5.3.2.
An employee is entitled to use their personal/carer's leave each year for the purpose of caring for members of the employee's immediate family or household who are sick and require cal"e and support or require care due to an unexpected emergency.
5.3.3.
All other conditions of Personal/Carer's leave are as per the (NBS) National Employment Standard.
5.3.4.
Notice and evidence a)
An employee is required to inform their employer that they will be absent from work due to personal illness or injury. The notice must be given as soon as reasonably practicable unless the circumstances are beyond the employee's control.
b) In the case of personal leave, an employee may be required to provide a medical certificate for any period in excess of two days or where the employee has taken more than (4) four single day absences in any calendar year. c)
For periods of carers leave, the employee may be required to provide documentary evidence such as a medical certificate, a statutory declaration or other evidence that would satisfy a reasonable person in relation to the person being cared for.
5.4.
Compassionate Leave
5.4.1.
An employee's entitlement to Compassionate Leave is as per the (NES) National Employment Standard.
5.5.
Parental Leave
5.5.1.
An employee's entitlement to Parental Leave is as per the (NES) National Employment Standard.
5.6.
Long Service Leave
5.6.1.
Employees covered by this Agreement are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Industrial Relations Act 1999 (Queensland).
5.6.2.
An employee covered by this Award, shall be entitled to long service leave on the following
Albany Creek Kindergarten Enterprise Agreement 2012 Page 18 of 24
basis: a)
In respect of service completed prior to 1 July 1989 in accordance with section 17 of the Industrial Conciliation and Arbitration Act 1961-1989.
b) In respect of service from 1 July 1989 on the basis of 13 weeks long service for each 10 years of service. 5.6.3.
An employee may apply to take long service leave as from 1 July 1989 in respect to 10 years of continuous service notwithstanding that the period of entitlement accrued may be less than 13 weeks.
5.6.4.
An employer may direct an employee to take the full period of long service leave accrued within 12 months upon which the employee's accrued entitlement has reached 13 weeks and such employee shall take that leave within 12 months of the notice from the employer.
5.6.5.
Any accrued entitlement to long service leave after 1 July 1989 may be in periods of no less than 4 weeks and no more than 13 weeks.
5.6.6.
An employee shall provide at least 6 calendar months' notice in writing of an intention to take leave.
5.6.7.
Upon termination by an employee payment in lieu of long service leave shall be made in accordance with this section.
5.6.8.
In the case of the death of an employee, the employer will be liable to pay to the employee's personal representative the whole amount of Long Service Leave which the employee would have been entitled to in accordance with this section.
5.6.9. <
5.6.10.
An employee other than a full-time employee employed for a continuous period of 10 years, as defined by the Act, shall be entitled to a pro rata payment of long service leave in accordance with this section. In respect of any further subsequent period of employment following the taking of long service leave an employee must have accrued 4 weeks of long service leave before further long service leave may be taken.
However upon termination or dismissal all accrued long service leave shall become payable to the employee as calculated on the basis of 13 weeks for 10 years' service. 5.6.11. The employer and the employee may mutually agree to vary the time periods stated.
5.6.12.
For an employee who is not a Teacher where the dates 1 July 1989 appear in clause 7.4, the date shall be read as 1 January 1992.
5.7.
Public holidays
5.7.1.
An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day. '
5.7.2.
All work required by the employer to be done by any employee on:
Albany Creek Kindergarten Enterprise Agreement 2012 Page 19 of24
the 1st January; the 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; the 25th April (Anzac Day); Labour Day the Birthday of the Sovereign; Christmas Day; Boxing Day; or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday shall be paid for at the rate of double time and a-half with a minimum of 4 hours. 5.7.3.
Double time and a-half for the purposes of clause 5.7.2, where the rate of wages is a weekly rate, "double time and a-half" means one and one-half days wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.
5.7.4.
Annual show: all, work done by an employee i.p. a district specified from time to time by the Minister by notification published in the Queensland Government Industrial Gazette on the day appointed under the Holidays Act 1983~ to be kept as a holiday in relation to the annual agricUltural horticultural or industrial show held at the principal city or town, as specified in such notification of such district shall be paid for at the rate of double time and a-balf with a minimum ,of 4 hours.
5.7.5.
In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that isto be treated as a show holiday for all purposes.
5.8.
Redundancy
5.8.1.
Where applicable any payment for redundancy shall be as per the (NES) National Employment Standards
5.9.
Jury service
5.9.1.
An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service.
5.9.2.
Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service.
5.9.3.
Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof.
5~9.4.
If the employee is not required to serve on a jury for a day or part of a day after attending for
Albany Creek Kindergarten Enterprise Agreement 2012 Page 20 of 24
jury service and the employee would ordinarily be working for all or part of the rem~ining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. 5.9.5.
"Ordinary pay'l means the rate of pay that an employee would normally expect to receive for working ordinary- hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.
Albany Creek Kindergarten Enterprise Agreement 2012 Page 21 of 24
1.
SIGNATORIES
Signed for and on behalf of the ALBANY CREEK KINDERGARTEN ASSOCIATION INC
}) 0!/7
(J.~: ..... P.. /1 /t:.<~/!:~ .............................. I.!.?~~~. . . . (Name)
(Signature)
In the presence of:
,
....?a.£r./~I/;(Name .. :.L. dl~/ ck4:C ............. ......................... . ll.lfb.~~ of Witness) (Signature 01 Witness) Iii
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Signed for and on behalf of EMPLOYI~I~S OF ALBANY CREEK KINDERGARTEN ASSOCIATION INC
....;F ~~...TR.'-!p .(f. !I;V~ .. ..................................... ...... ::J: 9:;. ~~~~ ............ ,. (Name)
(Signature)
... ~~ ..~t.I-:.'7.tt.. .<:;"'(Address) ?::!:-!.... ~ . .'~I:-.i]>.~~t. .. ~f...if.:~...,;-....... ~~.?~ ................................................. . ''',.,'"....
In the presence of:
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......VI! ~~~;. ~:(. ~(Name '~".... ~...........(c.:~'!:::. ................................ of Witness) 4'
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tlJ10v.:r/Ct /'"
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(l ~ \Yi~ Ifd!J?1 f "'C.; J., .. .'" : ..... ......... (~Hgnalure ofWilness)
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(Address)
Datc: .......
i.~!./!... I ....................... 2011
--
SCHEDULEA-EARLYCIDLDHOODEDUCATIONWAGERATES Teachers Bandl
Fortnight Rate
Step 1
1876.98 1930.25
Step 2 Step 3 Step 4 Band 2
1995.21 2063.81
Step 1 Step 2
2168.93 2239.19
Step 3 Step 4 Step 5 Step 1 Step 2 Step 3
1st July 2011 Hourly Rate
25.0264 25.1366 26.6028 27.5182
Casual Rate
30.7824 31.6560 32.7214 33.8414
When Agreement is Approved Fortnight Rate Hourly Rate Casual Rate
1914.5196 1968.8550 2035.1142 2105.1474
25.5269 26.2514
31.3981
21.1349 28.0686
32.2892 33.3759 34.5244
29.4974
36.2819
30.4530 32.0455
37.4572 39.4160 41.3832
35.5705
2356.29
28.9191 29.8559 31.4172
2473.89
32.9852
40.5118
2523.3618
2591.88
34.5584
42.5068
2643.7176
2690.17
35.8689
44.1188
2188.82 2925.11 2991.11
37.1843 39.0015
45.7367
2743.9734 2844.5964
47.9118 49.0542
2983.6122 3050.9322
Fortnight Rate
1st July 2011 Hourly Rate
Casual Rate
When A~reement is Approvecl Fortnight Rate Hourly Rate Casual Rate
1586.84 1626.76 1666.55
20.8795 21.4047 21.9283
25.6818 26.3278 26.9118
36.7228 38.6432
2212.3086 2283.9738 2403.4158
33.6449 35.2496
43.3510
Band 3
Step 4
39.8815
36.5863
45.0012
37.9280 39.7815 40.6791
46.6514 48.9312 50.0353
Exempted Teachers
Grade 1 Grade 2 Grade 3
1590.74 1630.66 1670.47
20.9300 21.4561 21.9799
25.7439 26.3910 27.0353
Assistants Fortnight Rate
l,t July 2011 Hourly Rate
Casual Rate
When Agreement is AUI roved Fortnight Honrly Rate Casual Rate Rate
Grade 1- Year 1
1355.82
17.8397
21.9429
1359.75
17.8913
22.0063
Grade 1- Year 2
1395.88
18.3668
22.5912
1399.79
18.4182
22.6545
Grade 2 - Year 1
1454.99
19.1446
23.5479
1459.04
19.1974
23.6134
Grade 2 - Year 2
1494.92
19.6700
24.1941
1498.82
19.7213
Grade 3 - Year 1
1586.84
20.8795
25.6818
1590.74
20.9308
25.7449
Grade 3 - Year 2
1626.76
21.4047
26.3278
1630.67
21.4561
26.3911
Directors Allowance Unit 1 Unit 2 Unit 3
1st July 2011
Agreement Approved
79.09 118.62 158.29
80.67 121.00 161.45
Albany Creek Kindergarten Enterprise Agreement 2012 Page 23 of 24
I
24.2572 ;
Senior Teachers Allowance Per Fortnight
1st July 2011
Agreement Approved
136.77
139.51
Relieving Directors Allowance 1 Unit (1 Room) 2 'Units (2 Room) 3 Units (3 Room)
9.78perday 14.75 per day 19.84 per day
Albany Creek Kindergarten Enterprise Agreement 2012 Page 24 of 24
9.98~er
day 15.05 per day 20.24 per day