C&K Children’s Services Enterprise Agreement 2010 (Varied)
TABLE OF CONTENTS SECTION 1: COMMON PROVISIONS Page Application and Operation 1.1.1 Title ............................................................................................................................ 4 1.1.2 Commencement ......................................................................................................... 4 1.1.3 Definitions and interpretations.................................................................................... 4 1.1.4 Coverage..................................................................................................................... 6 1.1.5 Access to the Agreement and the National Employment Standards ............................. 7 1.1.6 The National Employment Standards and this Agreement ........................................... 7 1.1.7 Workplace flexibility.................................................................................................... 7
1.2
Consultation and Dispute Resolution 1.2.1 Consultation regarding major workplace change.......................................................... 8 1.2.2 Dispute resolution ....................................................................................................... 9
1.3
Types of Employment and termination of employment 1.3.1 Employment Tenure and Status ................................................................................. 10 1.3.2 Full-time employment ............................................................................................... 10 1.3.3 Part-time employment .............................................................................................. 10 1.3.4 Casual employment ................................................................................................... 12 1.3.5 Termination of employment ...................................................................................... 12 1.3.6 Redundancy .............................................................................................................. 12
1.4
Hours of Work and Related Matters 1.4.1 Ordinary hours of work and rostering ........................................................................ 13 1.4.2 Rostered time off for full-time employees.................................................................. 13 1.4.3 Non-contact time ...................................................................................................... 14 1.4.4 Rostering................................................................................................................... 14 1.4.5 Make-up time............................................................................................................ 15 1.4.6 Breaks ....................................................................................................................... 15 1.4.7 Overtime and penalty rates ....................................................................................... 16 1.4.8 Multi-hire engagements ............................................................................................ 16 1.4.9 Weekend and public holiday work ............................................................................. 17 1.4.10 Professional development activities........................................................................... 17 1.4.11 First Aid Training........................................................................................................ 17 1.4.12 Attendance at Court .................................................................................................. 18
1.5
Wage Related Matters 1.5.1 Effective dates of wage rate increases ....................................................................... 18 1.5.2 Recognition of previous service ................................................................................. 18 1.5.3 Evidence of qualifications .......................................................................................... 19
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1.1
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
1.6
Leave and Public Holidays 1.6.1 Annual Leave ............................................................................................................. 19 1.6.2 Personal/carer’s leave ............................................................................................... 20 1.6.3 Compassionate Leave ................................................................................................ 21 1.6.4 Community Service Leave.......................................................................................... 22 1.6.5 Public Holidays .......................................................................................................... 23 1.6.6 Birthday leave ........................................................................................................... 24 1.6.7 Christmas leave ......................................................................................................... 24 1.6.8 Aboriginal and Torres Strait Islanders ceremonial leave ............................................. 24 1.6.9 Remote Area Emergent Leave.................................................................................... 25 1.6.10 Long Service Leave – Queensland .............................................................................. 25 1.6.11 Long Service Leave – Australian Capital Territory ....................................................... 26
1.7
Common Allowances 1.7.1 Clothing and equipment ............................................................................................ 26 1.7.2 Travelling allowance .................................................................................................. 26 1.7.3 Meal allowance ......................................................................................................... 27
1.8
Payment of Wages .................................................................................................................... 27
1.9
Superannuation 1.9.1 Superannuation legislation ........................................................................................ 27 1.9.2 Employer contributions ............................................................................................. 27 1.9.3 Voluntary employee contributions............................................................................. 27 1.9.4 Superannuation Fund ................................................................................................ 28 1.9.5 Absence from work ................................................................................................... 28
1.10
Union Related matters.............................................................................................................. 28
SECTION 2: CHILDCARE PROVISIONS Classifications............................................................................................................................ 31 Wage Rates ............................................................................................................................... 36 Progression ............................................................................................................................... 42 Transition to the Classification Table.......................................................................................... 42 Higher Duties............................................................................................................................. 43 Staff Meetings ........................................................................................................................... 43 Remote Area Incentives ............................................................................................................. 44
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2.1 2.2 2.3 2.4 2.5 2.6 2.7
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS 3.1 3.2 3.3 3.4 3.5 3.6 3.7
Teachers in Long Day Care ......................................................................................................... 45 Duties........................................................................................................................................ 45 Wage Rates ............................................................................................................................... 46 Classification and Progression.................................................................................................... 49 Transition to the Classification Table.......................................................................................... 50 Higher Duties............................................................................................................................. 50 Remote Area Incentives ............................................................................................................. 50
SECTION 4: FAMILY DAY CARE PROVISIONS 4.1 4.2 4.3 4.4 4.5 4.6
Classifications............................................................................................................................ 51 Wage Rates ............................................................................................................................... 53 Progression ............................................................................................................................... 54 Transition to the Classification Table.......................................................................................... 54 Higher Duties............................................................................................................................. 54 On call and recall to work .......................................................................................................... 55
SECTION 5: JUNIORS, APPRENTICES AND TRAINEES 5.1 5.2 5.3
Juniors....................................................................................................................................... 56 Apprentices ............................................................................................................................... 56 Trainees .................................................................................................................................... 57
SECTION 6: OUTSIDE SCHOOL HOURS CARE 6.1 6.2 6.3 6.4
Classifications ......................................................................................................................... 59 Broken shift allowance............................................................................................................ 61 Higher duties .......................................................................................................................... 61 Wage Rates............................................................................................................................. 62
SECTION 7: SIGNATORIES Signatories.............................................................................................................................. 64
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7.1
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.1
APPLICATION AND OPERATION
1.1.1
Title This Agreement is the C&K Children’s Services Enterprise Agreement 2010.
1.1.2
Commencement This Agreement commences 7 days from the date of approval by Fair Work Australia and will remain in force until the 31st December 2012.
1.1.3
Definitions and interpretations In this Agreement, unless the contrary intention appears: Act means the Fair Work Act 2009. Apprenticeship means employment based training (AQF Certificate Level IV) in accordance with the Vocational Education, Training & Employment Act 2000 (Queensland) or the Training and Tertiary Education Act 2003 (Australian Capital Territory) . AQF means the Australian Qualifications Framework. Childcare means a program providing care, support, super vision and development for children. Child Care Teacher means a teacher employed in the pre-prep or pre-school room of a long day care centre, where the centre does not attract funding through the Queensland Government’s Kindergarten Funding Scheme. Children’s services means the industry of long day care, occasional care, childcare centres, day care facilities, family based childcare, out of school hours care, vacation care, and in-home care Clerical work includes recording, typing, calculating, invoicing, billing, charging, checking, receiving and answering calls, cash handling, operating a telephone switchboard and attending a reception desk. Commission means Fair Work Australia or its successor. Contact hours means hours worked directly with children in teaching an educational program.
August 2010
Employee means an employee employed by The Creche & Kindergarten Association. Employer means The Creche & Kindergarten Association.
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Fair Work Australia is the national workplace relations tribunal. It is an independent body with power to carry out a range of functions relating to: the safety net of minimum wages and
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS employment conditions, enterprise bargaining , industrial action, dispute resolution, termination of employment, and other workplace matters. Five year trained means a teacher who has completed a degree in education (early childhood education) that requires four years of full-time study at an Australian University and in addition has completed a postgraduate degree at an Australian University requiring at least one year of fulltime study or the equivalent as determined by the National Office of Overseas Skills recognition or the relevant State or Territory teacher registration authority. Four year trained means a teacher who has completed a degree in education (early childhood education) that requires four years of full-time study at an Australian University or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority. Long day care centre means a childcare establishment which usually provides services over a period of approximately 8 hours or more each day for approximately 48 weeks or more during the year. Occasional care means a service that provides short-term childcare. Out-of-school-hours care means a program providing childcare and recreation before and/or after school hours and/or during school vacation periods. NES means the National Employment Standards of the Fair Work Act 2009. Teacher means a person who is appointed to perform duties which include delivering an educational programme, assessing student participation in an education programme, administering an education programme and performing other duties incidental to the delivery of the education programme. Three year trained means a teacher who has completed a degree in education (early childhood) that requires three years of full-time study at an Australian University as determined by the National Office of Overseas Skills recognition, or the relevant State or Territory teacher registration authority. Traineeship means employment based training (AQF Certificate Levels I, II and III) in accordance with the Vocational Education, Training & Employment Act 2000 (Queensland) or the Training and Tertiary Education Act 2003 (Australian Capital Territory)
August 2010
Two year trained means any teacher employed who has completed a two-year full-time course in early childhood education and who has been recognised as an early childhood teacher by the relevant State or Territory licensing and accreditation authority.
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Universal Access Teacher means a teacher employed in the pre-prep room of a long day care centre, where the centre does attract funding through the Queensland Government’s Kindergarten Funding Scheme.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.1.4
Coverage
1.1.4.1
This agreement shall cover and apply to:
1.1.4.2
The Creche & Kindergarten Association (C&K) Liquor, Hospitality & Miscellaneous Union (LHMU) Australian Services Union, Central & Southern Queensland Clerical & Admin Branch (ASU) Employees of the Creche & Kindergarten Association employed in childcare and family day care, including the following: (a) Childcare Director (b) Childcare Assistant Director (c) Childcare Teacher (d) Childcare Group Leader/Room Leader (e) Childcare Assistant (f) Childcare Special Needs Assistant (g) Childcare Cook (h) Childcare Cleaner (i) Clerical Assistant (j) Family Day Care Coordinator (k) Family Day Care Team Leader (l) Family Day Care Clerical Assistant (m) Trainee (n) Apprentice (o) Outside School Hours Care Coordinator (p) Outside School Hours Care Assistant Coordinator (q) Outside School Hours Assistant (r) Bus Driver (s) Gardener
The Sections of this agreement shall be applicable as follows: Section 1: Common Provisions apply to all employees in accordance with Section 1.1.4.1; and b) Section 2: Child Care Provisions apply to all employees in accordance with Section 1.1.4.1 (a), (b), (d), (e), (f), (g), (h), (i), (r) and (s); or c) Section 3: Teacher provisions apply to all employees in accordance with Section 1.1.4.1 (c); or d) Section 4: Family Day Care Provisions apply to all employees in accordance with Section 1.1.4.1 (j), (k) and (l); or e) Section 5: Juniors, Apprentices and Trainees Provisions apply to all employees in accordance with Section 1.1.4.1 (m) and (n); or f) Section 6: Outside School Hours Care Provisions apply to all employees in accordance with Section 1.1.4.1 (o), (p) and (q).
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a)
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.1.5
Access to the Agreement and the National Employment Standards The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
1.1.6
The National Employment Standards and this Agreement The NES and this Agreement contain the conditions of employment for employees covered by this Agreement.
1.1.7
Workplace Flexibility
1.1.7.1
In accordance with Section 202 of the Act, an employee may request the employer or the employer may request an employee to agree to an individual flexibility arrangement to vary the effect of the provisions contained in Clauses 1.4.1 (Ordinary hours of work and rostering), 1.4.2 (Rostered time off for full-time employees), 1.4.6 (Breaks) and 1.4.10 (Professional Development Activities) which may be on a permanent basis or alternatively for a specified period, to: a) b)
make arrangements for when work is performed by; or to accommodate an employee’s personal commitments or work life balance.
1.1.7.2
The employer and the individual employee must have genuinely made the agreement without coercion or duress.
1.1.7.3
The agreement between the employer and the individual employee must be confined to the variation in accordance with 1.1.7.1 and the agreement between the employer and the individual employee result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
1.1.7.4
The employer must ensure that the terms of an Individual Flexibility Arrangement: a) b) c)
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1.1.7.5
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are about permitted matters under Section 172 of the Fair Work Act; and are not unlawful terms under Section 194 of the Fair Work Act; and are consistent with the Employer’s responsibility to provide a safe and healthy work environment.
The agreement between the employer and the individual employee must also: a)
Be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
b)
State each term of this Agreement that the employer and the individual employee have agreed to vary;
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS c)
Detail how the application of each term has been varied by agreement between the employer and the individual employee;
d)
Detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
e)
State the date the agreement commences to operate.
1.1.7.6
The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
1.1.7.7
Except as provided in Clause 1.1.7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
1.1.7.8
The employer, when seeking to enter into an agreement, must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including the translation into an appropriate language, to ensure the employee understands the proposal.
1.1.7.9
The agreement may be terminated: a)
By the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
1.1.7.10
The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.
1.1.7.11
An employee may be represented by the Union or another representative of their choice in negotiating an individual flexibility agreement. Union officials and/or other representatives have a standing invitation by the employer to access the workplace for the purposes of representing employees who have requested representation in relation to the negotiation of an individual flexibility arrangement. Such access shall include time to confer with employee/s where necessary, to ensure the efficient negotiation of the arrangement.
1.2.1
CONSULTATION AND DISPUTE RESOLUTION
1.2.2
Consultation regarding major workplace change
1.2.1.1
Employer to notify: a)
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b) At any time, by written agreement between the employer and the individual employee.
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Where the employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any. b) Significant effects include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration fo hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. 1.2.1.2
Employer to discuss change: a)
The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 1.2.1.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
1.2.1.3
For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
1.2.2
Dispute Resolution
1.2.2.1
The objectives of these procedures are the avoidance and resolution of disputes over any matter relating to the employment relationship, including matters covered by this Agreement and the NES. In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. The employer and/or employee may appoint another person, union party to this agreement, organisation or association to accompany and/or represent them for the purposes of this clause.
1.2.2.2
If a dispute about a matter arising under this Agreement or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 1.2.2.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.
1.2.2.3
The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration.
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b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 1.2.1.1
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.2.2.4
Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
1.2.2.5
The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
1.2.2.6
All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by Fair Work Australia with a view to the prompt settlement of the dispute.
1.2.2.7
While the dispute resolution procedure is being conducted, work must continue in accordance with this Agreement and the Act. Subject to applicable occupational health and safety legislation, an employee must not reasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
1.3
TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT
1.3.1
Employment tenure and status
1.3.1.1
Employees under this Agreement will be employed in one of the following categories of tenure: a) Permanent – an employment contract with no fixed end date; or b) Fixed-term – an employment contract with a fixed end date; or c) Casual – an employee engaged for temporary and relief purposes. And into one of the following categories of status: a) Full-time; or b) Part-time.
1.3.1.2
At the time of engagement, the employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
1.3.2
Full-time employment
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A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week. 1.3.3
Part-time employment
1.3.3.1
The employer may employ a part-time employee in any classification in this Agreement.
1.3.3.2
A part-time employee is an employee who: a)
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Works less than full-time hours of 38 per week;
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.3.3.3
A part-time employee will receive, on a pro-rata basis, equivalent pay and conditions to those of full-time employees.
1.3.3.4
The ordinary hours of work for a part-time employee will be confirmed in writing and may be either: (a)
a fixed weekly amount (ie. 25 hours per week); or
(b)
a variable weekly amount, which includes a fixed minimum amount plus additional variable hours (eg. Between 25 and 30 hours per week). However, in such circumstances, the maximum total number of hours per week will not be more than 37.5.
1.3.3.5
Part-time employees may be employed with a minimum single period of daily attendance of 2 hours.
1.3.3.6
The hours of work for a part-time employee employed can be altered by mutual agreement recorded in writing.
1.3.3.7
Any additional hours so worked in accordance with 1.3.3.4 (b) shall be taken into account in the pro-rata calculation of entitlements.
1.3.3.8
In exceptional cases, and on a short-term basis only, part-time employees may work the maximum ordinary hours at ordinary rates of pay.
1.3.3.9
An existing employee will not be disadvantaged because the employee declines the offer to be employed in accordance with 1.3.3.4(b).
1.3.3.10
A part-time employee will not be disadvantaged because the employee declines the offer of additional hours in excess of those confirmed in writing as per 1.3.3.4(a) or (b) or declines the alteration of hours of work pursuant to 1.3.3.5.
1.3.3.11
A part-time employee employed under the provisions of this clause must be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in Sections 2 – 6.
1.3.3.12
A part-time employee who works in excess of the hours as mutually agreed in clause 1.3.3.4(a) will be paid for at the overtime rates prescribed in clause 1.4.7.
1.3.3.13
In relation to clause 1.3.3.4(b), the employer confirms its commitment to maintain the existing number of full-time positions, wherever possible.
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b) Has reasonably predictable hours of work; and c) Receives, on a pro-rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
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SECTION 1: COMMON PROVISIONS
1.3.4
Casual Employment
1.3.4.1
A casual employee is an employee engaged as such and must be paid the hourly rate payable for a full-time employee for the relevant classification plus a casual loading of 25%.
1.3.4.2 1.3.4.3
A casual employee is one engaged for temporary and relief purposes. A casual employee will be paid for a minimum of 2 hours pay for each engagement, provided that wherever operationally possible a casual employee will be engaged for a minimum engagement of 3 hours.
1.3.4.4
For work in excess of 8 hours on any one day or shift or 38 hours in any one week, a casual employee will be paid in accordance with the penalties specified in clause 1.4.7
1.3.5
Termination of employment
1.3.5.1
Notice of termination required to be given by the employer is provided for in the NES.
1.3.5.2
The notice of termination required to be given by an employee is 2 weeks. If an employee fails to give the required notice, the employer may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by this clause less any period of notice actually given by the employee.
1.3.5.3
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
1.3.6
Redundancy
1.3.6.1
Redundancy is provided for in the NES.
1.3.6.2
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
1.3.6.3
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
1.3.6.4
An employee given notice of termination in circumstances of redundancy must 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. This entitlement applies instead of clause 1.3.6.3.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.3.6.5
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 must, at the request of the employer, provide proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
1.4
HOURS OF WORK AND RELATED MATTERS
1.4.1
Ordinary hours of work and rostering
1.4.1.1
The ordinary hours of work of full-time employees will not exceed an average of 38 hours per week over a one, two or four week cycle.
1.4.1.2
Ordinary hours will be worked in periods not exceeding eight hours, in unbroken periods save for meal breaks, between Monday and Friday.
1.4.1.3
Ordinary hours may be worked between 6.00am and 7.00pm. Where broken shifts are worked, the spread of hours can be no greater than 12 hours per day. The spread of ordinary hours may be varied if agreed in writing by all employees concerned to be mutually beneficial to the functioning of the centre. However, any such arrangement will not result in an increase in the number of hours contained in the spread of ordinary hours (ie. not more than 11 hours).
1.4.2
Rostered time off for full-time employees
1.4.2.1
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 to a maximum of five such days
1.4.2.2
In relation to clause 1.4.2.1(d) above, all accumulated rostered days are to be taken by 31 December in the year in which they accrue.
1.4.2.3
Notwithstanding clause 1.4.2.2, an employee may make written application to accrue more than five (5) rostered days for special circumstances (eg. planned overseas travel). The approval of such application, however, is at the discretion of the employer and will depend upon operational requirements.
1.4.2.4
Where, due to personal circumstances or operational reasons, all accrued rostered days cannot be taken prior to 31 December, then by agreement the accrual can be paid out or rolled over into the following year.
1.4.2.5
Where accrued rostered days are paid out in accordance with 1.4.2.4, they shall be paid at the ordinary rate of pay.
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a) b) c) d)
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.4.2.6
Upon termination of employment, any accrued rostered days shall be paid to the employee at the ordinary rate of pay.
1.4.3
Non-contact time
1.4.3.1
An employee responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be allowed the following periods per week of contact free time for program preparation, professional development and reading: a) b) c) d)
Group Leaders/Room Leaders: 3 hours per week Assistants: 2 hours per week Universal Access Teachers: minimum 3 hours per week Child Care Teachers: 3 hours per week
Wherever possible, non-contact time should be rostered in advance.
1.4.3.3
The employer may allocate one half-hour per month of non-contact time for mandatory or annual refresher training.
1.4.4
Rostering
1.4.4.1
The employer will post a legible roster at a place readily accessible to employees indicating the rostered hours of work.
1.4.4.2
Rostered hours will only be changed after seven days notice has been given. In the absence of such notice, overtime will be paid until seven days have transpired from the date the notice was given, unless by mutual agreement between the employer and the employee the notice period is waived, shortened or due to an emergency outside of the employer’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 will not be regarded as an emergency and will be treated as overtime.
1.4.4.3
An employee may be transferred from one location to another within their rostered hours at the direction of the employer. An employee transferring from one location to another during a shift will be paid for the time taken to travel from one location to the other.
1.4.4.4
Where an employee is required to permanently transfer to another location (other than by mutual agreement), they must be given seven days notice of the change or paid overtime until seven days have transpired from the date notice was given. Provided that an employee will not be permanently transferred without their mutual agreement in circumstances where such transfer would cause financial or other hardship for the employee, for example, unreasonable travel time or family responsibilities.
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1.4.3.2
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.4.5
Make-up time An employee may elect, with the consent of the employer, to work ‘make-up time’ under which the employee takes time off during ordinary hours and works the same number of additional hours at a later time during the ordinary spread of hours provided for in clause 1.4.1.3.
1.4.6
Breaks
1.4.6.1
Meal Breaks
1.4.6.2
An employee will not be required to work in excess of 5 hours without an unpaid meal break of not less than 30 minutes and not more than 1 hour. Provided that employees who are engaged for not more than 6 hours continuously per shift may elect to forego a meal break.
b)
A meal break must be uninterrupted. Where there is an interruption to the meal break and this is occasioned by the employer, overtime will be paid until an uninterrupted break is taken. The minimum overtime payment will be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes.
c)
Notwithstanding (a) above, where an employee is required to remain on the employer’s premises, the employee will be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. By agreement with the employer, an employee may leave the premises during the meal break, however, such time away from the premises will not be counted as time worked and nor will any payment be made for such time.
Rest Pauses a)
An employee working 4 hours or more on any engagement will be entitled to a paid rest period of 10 minutes.
b)
Provided that an employee working for 7 hours or more will be entitled to two such paid rest periods of 10 minutes each unless the employee agrees to forego one of these rest periods.
c)
In relation to (b) above, the employer and the employee may mutually agree to replace 2 paid rest periods of 10 minutes each with 1 paid rest period of 20 minutes.
d)
All rest periods must be uninterrupted.
Breaks between work periods a)
All employees will be entitled to a 10 hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime.
b)
Where an employee recommences work without having had 10 hours off work the employee will be paid at overtime rates until such time as they are released from duty for a period of
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1.4.6.3
a)
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of absence. c)
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1.4.7
By agreement between the employer and the employee, the period of 10 hours may be reduced to not less than 8 hours.
Overtime and penalty rates
1.4.7.1
A full-time employee is paid at overtime rates for any work performed outside their ordinary hours of work.
1.4.7.2
A part-time employee is paid at overtime rates in the circumstances specified in clause 1.3.3 .
1.4.7.3
A casual employee is paid overtime rates in the circumstances specified in clause 1.3.4.
1.4.7.4
Overtime will 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 will stand alone.
1.4.7.5
Where an employee performs overtime the employee may at their request and with the agreement of the employer take time off instead of payment for overtime subject to the following: a)
Any periods of time off in ordinary hours will equate to the relevant period of overtime worked;
b)
An employee must not accumulate more than 20 hours of time off which must be taken within 4 weeks of its accrual. Where time off is not taken the overtime will be paid for in the next pay period at the appropriate rate of overtime applicable; and
c)
Notwithstanding (b) above, by agreement between the employee and the employer, time off instead of payment for overtime may be accrued and taken as part of annual leave.
1.4.8
Multi-hire engagements
1.4.8.1
A multi-hire employee means a part-time employee who is employed in more than one position covered by this Agreement. Leave accruals will be calculated based upon hours worked in both positions. At the time of taking leave, the hourly amount payable will be based on the hourly rate and hours usually worked on the same day as the leave is taken.
1.4.8.2
Where a multi-hire employee holds another position covered under a different award or agreement, the two positions will be deemed to be either primary or secondary. The defining factor to determine the primary role will firstly be tenure (a permanent role will be the primary role if the latter role is a fixed-term role – the secondary position). Where a multi-hire employee holds two permanent part-time roles, the primary role will be considered to be the role with the higher number of ordinary working hours. The secondary role will be paid at casual rates of pay. On an annual basis, long service leave based on the additional hours worked in the secondary role
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS will be calculated and the employee’s long service leave entitlement adjusted accordingly. This will occur in October in each year. No multi-hire arrangement should result in an employee working in excess of 38 hours per week. However, in exceptional cases, and on a short-term basis only, multi-hire employees may exceed 38 hours per week, where any hours worked in excess of 38 will be deemed to be overtime and treated in accordance with clause 1.4.7.4.
1.4.9
Weekend and public holiday work
1.4.9.1
Overtime on a Saturday will be paid at the rate of time and one half for the first two hours and double time thereafter.
1.4.9.2
All time worked on a Sunday will be paid at the rate of double time.
1.4.9.3
All time worked on a public holiday will be paid at the rate of double time and a half. Where both a public holiday and a substitute day are worked, public holiday penalties are payable only for one of those days, at the election of the employee.
1.4.9.4
Employees working on a Saturday, Sunday Public Holiday will receive a minimum payment of 4 hours pay.
1.4.10
Professional Development Activities
1.4.10.1
An employee cannot unreasonably refuse a request by the employer to attend a course after hours relating to professional development, training or planning, provided that the employee will receive paid time off instead of payment for time spent at any such courses. Such paid time off instead of payment shall be at a time mutually agreed between the employer and the employee but must be taken by 31 December in the same year as the professional development activity unless otherwise agreed by the employer.
1.4.11
First Aid training
1.4.11.1
For the purposes of providing a pool of qualified staff who are able to administer first aid, the employer will pay the cost for all employees who work directly with children to maintain a current senior first aid certificate (or equivalent), subject to such training being delivered by a training provider approved by the employer.
1.4.11.2
This free training is limited to permanent employees, fixed-term contract employees (contract of more than 6 months) and casual employees who have worked regularly for at least 12 months.
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1.4.8.3
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.4.11.3
First aid training will be completed in non-work time, however on submission of an approved certificate of training, an employee will receive payment at ordinary rates of pay for the following hours: Resuscitation 3 hours (per annum – except in a year in which Senior First Aid is completed) Senior First Aid 7.5 hours (once every three years).
1.4.11.4
An employee classified as Level 3 or below who is deemed by the employer to be a designated first aid officer at the workplace will be paid an allowance of $1.60 per day.
1.4.11.5
For the purposes of clause 1.4.11.1, It is agreed by the parties that the application of band-aids and ice-packs to children is not considered to be first aid treatment. However, this clause is limited to minor incidents which do not require further medical attention.
1.4.12
Attendance at Court
1.4.12.1
Where it is necessary for an employee to attend court on the employer’s or the employer’s clients, behalf in connection with any matter arising out of or in connection with their employment, the time taken will count as time worked.
1.5
WAGE RELATED MATTERS
1.5.1
Effective dates of wage rate increases
1.5.1.1
This agreement provides for the following wage rate increases, payable from the first full pay period following the dates identified in (a) to (c) below: a) b) c)
1.5.2
th
4% increase payable from the 5 July 2010 4% increase payable from the 5th July 2011 th 4% increase payable from the 5 July 2012
Recognition of previous service a)
On appointment, an employee will be classified and placed on the appropriate level on the wage scale, according to their qualifications and relevant industry experience. For the purpose of this agreement, the following will count as service:
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i. experience in preschools, kindergartens, multi-purpose centres, early intervention services, long day care centres and other similar services; ii. Service as a lecturer in early childhood education or child development, as a child development officer or equivalent; iii. Previous relevant and/or similar experience.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.5.3
Evidence of qualifications a)
On engagement, the employer may require that the employee provide documentary evidence of qualifications and teaching experience. If the employer considers that an employee has not provided satisfactory evidence, and advises the employee in writing to this effect, then the employer may decline to recognise the relevant qualification or experience until such evidence is provided. Provided that the employer will not unreasonably refuse to recognise the qualifications or teaching experience of an employee.
1.6
LEAVE AND PUBLIC HOLIDAYS
1.6.1
Annual Leave
1.6.1.1
This section does not apply to casual employees.
1.6.1.2
For each year of service, an employee is entitled to 4 weeks of paid annual leave.
1.6.1.3
An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s normal hours of work.
1.6.1.4
If an employee’s employment ends during a year of service, the employee accrues paid annual leave up to the time when the employment ends.
1.6.1.5
Paid annual leave may be taken for a period agreed between the employer and the employee.
1.6.1.6
The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
1.6.1.7
If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
1.6.1.8
If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) the employee is taken not to be on paid annual leave for the period of that other leave.
1.6.1.9
If an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
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b) Where an employee has completed further teaching experience with another employer (for example during unpaid leave) or additional qualifications after commencement of employment, they will be entitled to be classified accordingly and back-paid from the date of completion of the experience or qualifications, provided the employee provided satisfactory evidence to the employer within three months of completion. In all other cases, the employee will be classified and paid from the date satisfactory evidence is provided.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.6.1.10
If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee if the employee had taken that period of annual leave.
1.6.1.11
In addition to the payment provided for by 1.6.1.1 to 1.6.1.10, the employer is required to pay annual leave loading of 17.5% of that payment.
1.6.1.12
During the Christmas vacation, an employee may be directed to take annual leave. An employee without sufficient accrued leave to maintain their ordinary rate of pay during the vacation period may be required to take leave without pay for a maximum of one (1) week.
1.6.1.13
Notwithstanding clause 1.6.1.12, the employer may require an employee to take annual leave by giving at least four weeks notice of a close down of its operations or where an employee has accrued more than 8 weeks’ leave.
1.6.1.14
An employee may elect to cash in up to 2 weeks of the employee’s annual leave entitlement in lieu of taking the leave, subject to the following: a)
The employee, after cashing in a period of leave, will have a minimum 4 weeks’ entitlement of annual leave remaining; and b) The employee provides such request in writing; and c) Such request is approved by the employee’s supervisor and the CEO; and 1.6.2
Personal/carer’s leave
1.6.2.1
This section does not apply to casual employees.
1.6.2.2
For each year of service with the employer, an employee is entitled to 10 days of paid personal/carer’s leave.
1.6.2.3
An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work.
1.6.2.4
An employee may take paid personal/carer’s leave if the leave is taken: a)
Because the employee is unfit for work because of a personal illness, or personal injury, affecting the employee; or b) To provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who requires care or support because of:
1.6.2.5
A personal illness, or personal injury, affecting the member; or An unexpected emergency affecting the member
An employee is entitled to 2 days of unpaid carer’s leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household requires care or support because of:
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i) ii)
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS i) ii)
A personal illness, or personal injury, affecting the member; or An unexpected emergency affecting the member
1.6.2.6
An employee may take unpaid carer’s leave for a particular occasion if the leave is taken to provide care or support as mentioned in 1.6.2.10
1.6.2.7
The employee cannot take unpaid carer’s leave during a particular period if the employee could instead take paid personal/carer’s leave.
1.6.2.8
An employee must give the employer notice of the taking of personal/carer’s leave by the employee. The notice must be given to the employer as soon as is reasonably practicable (which may be a time after the leave has started); and must advise the employer of the period, or expected period, of the leave.
1.6.2.9
An employee who has given the employer notice of the taking of personal/carer’s leave must, if required, by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a permissible occasion in circumstances specified in 1.6.2.4.
1.6.2.10
An employee is not entitled to take leave unless the employee complies with this section.
1.6.2.11
If the period during which an employee takes paid personal/carer’s leave includes a day or partday that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer’s leave on that public holiday.
1.6.2.12
If an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
1.6.2.13
The following are members of an employee’s immediate family: a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.
1.6.3
Compassionate Leave
1.6.3.1
An employee is entitled to 2 days of compassionate leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household:
1.6.3.2
An employee may take compassionate leave for a particular occasion if the leave is taken: a)
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a) Contracts or develops a personal illness that poses a serious threat to his or her life; or b) Sustains a personal injury that poses a serious threat to his or her life; or c) Dies.
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For the purpose of spending time with the member of the employee’s immediate family or household who has contracted or developed a personal illness, or sustained a personal injury; or
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS b)
After the death of a member of the employee’s immediate family or household.
1.6.3.3
If an employee takes a period of compassionate leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
1.6.3.4
The following are members of an employee’s immediate family: a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.
1.6.4
Community Service Leave
1.6.4.1
Each of the following is an eligible community service activity: a)
Jury service (including attendance for the purpose of jury selection) that is required by or under a law of the Commonwealth or of a State or Territory; or b) Carrying out a voluntary emergency management activity 1.6.4.2
An employee who engages in an eligible community service activity is entitled to be absent from his or her employment for a period if: a)
The period consists of one or more of the following: i) ii) iii)
Time when the employee engages in the activity; Reasonable travelling time associated with the activity; Reasonable rest time immediately following the activity; and
1.6.4.3
An employee who wants an absence from his or her employment to be covered by Section 1.6.4 must give the employer notice of the absence.
1.6.4.4
The notice must be given to the employer as soon as reasonably practicable (which may be a time after the absence has started) and must advise the employer of the period, or expected period, of the absence.
1.6.4.5
An employee who has given the employer notice of an absence under section 1.6.4 must, if required, by the employer give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity.
1.6.4.6
Where an employee is absent from his or her employment for a period because of jury service and where the employee is not a casual employee, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
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b) Unless the activity is jury service – the employee’s absence is reasonable in all the circumstances.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.6.4.7
The employer may require the employee to give the employer evidence that would satisfy a reasonable person that the employee has taken all reasonable steps to obtain any amount of jury service pay to which the employee is entitled; and of the total amount of jury service pay that has been paid, or is payable, to the employee for the period.
1.6.4.8
If, in accordance with 1.6.4.7, the employer requires the employee to give the employer the evidence referred to, the employee is not entitled to payment under 1.6.4.6 unless the employee provides the evidence; and if the employee provides the evidence, the amount payable to the employee is reduced by the total amount of jury service pay that has been paid, or is payable, to the employee.
1.6.4.9
If an employee is absent because of jury service in relation to a particular jury service summons for a period, or a number of periods, of more than 10 days in total: a) The employer is only required to pay the employee for the first 10 days of absence; and b) The evidence provided in response to a requirement under 1.6.4.7 need only relate to the first 10 days of absence; and c) The reference in 1.6.4.8 to the total amount of jury service pay as disclosed in evidence is a reference to the total amount so disclosed for the first 10 days of absence.
1.6.5
Public Holidays
1.6.5.1
Public holidays are provided for in the NES. Each of the following are public holidays: 1 January (New Year’s Day) 26 January (New Year’s Day) Good Friday Easter Monday 25 April (Anzac Day) The Queen’s birthday (on the day on which it is celebrated in a State or Territory) 25 December (Christmas Day) 26 December (Boxing Day) Any other day, or part-day, declared by or under a law of a State or Territory to be observed generally within the State or Territory as a public holiday (including, but not limited to, Labour Day and Easter Saturday).
1.6.5.2
By agreement between the employer and the majority of employees in the relevant workplace, an alternative day may be taken as the public holiday instead of any of the days prescribed by the NES.
1.6.5.3
A full-time employee whose rostered day off falls on a public holiday must, subject to clause 1.6.5.2 above, either: a) Be paid an extra day’s pay; b) Be provided with an alternative day off within 28 days; or c) Receive an additional day’s annual leave.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.6.5.4
A full-time employee who works on a public holiday is entitled to a substitute day as provided for in the NES.
1.6.6
Birthday leave
1.6.6.1
An employee, other than a casual employee, with at least 12 months continuous service is eligible to have the actual day of their birthday as paid leave, subject to the following: a) b) c) d)
1.6.7
Christmas Leave
1.6.7.1
An employee, other than a casual employee, with at least 12 months continuous service is eligible to take 3 additional days paid leave for the 3 non-public holiday weekdays between Christmas and New Year.
1.6.7.2
A part-time employee is eligible to take any/all of the 3 non-public holiday weekdays between Christmas and New Year if they are days the employee would normally work. A part-time employee will be paid for the hours the employee would normally work on those days.
1.6.8
Aboriginal and Torres Strait Islander ceremonial leave
1.6.8.1
An employee who is legitimately required by the employee’s Aboriginal or Torres Strait Islander tradition to be absent from work for ceremonial purposes shall be entitled to up to ten working days’ unpaid leave in any one year. The employee shall be able to establish to the employer that he/she has an obligation under Aboriginal and Torres Strait Islander customer and/or traditional law to participate in ceremonial activities and shall be granted such leave without pay for a maximum period of ten days per year or for such extension granted by the employer. Such leave shall not affect the employee’s entitlement to compassionate leave prescribed by the National Employment Standards.
1.6.8.2
Approval of all Aboriginal and Torres Strait Islander ceremonial leave will be subject to the employer’s convenience and will not unreasonably affect the operation of the employer’s business but shall not be unreasonably withheld.
1.6.9
Remote Area Emergent Leave
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e)
This leave is only payable if the employee’s birthday falls on a day on which the employee would normally work; If the birthday falls on a public holiday, another day in the same week may be taken as birthday leave. This leave is not an accumulative entitlement and will not be paid out should the employee’s employment terminate. In the case of a part-time employee, this leave is only payable for the hours the employee would normally work on that day. An employee must give their supervisor/manager at least 4 weeks’ notice of their intention to take birthday leave.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.6.9.1
All employees in the following centres will be entitled to paid emergent leave per annum. This leave is non-accumulative and shall not be paid out upon termination. The purpose of this leave is to allow an employee to attend specialist medical appointments not available in the immediate vicinity. Blackwater Capella Emerald Middlemount Tara Weipa
2 days 2 days 2 days 2 days 2 days 5 days
1.6.10
Long Service Leave - Queensland
1.6.10.1
Employees covered by this agreement are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of sections 42-58 of the Industrial Relations Act 1999 (Queensland), as amended from time to time.
1.6.10.2
An employee covered by this agreement shall be entitled to long service on full pay of :
1.6.10.3
An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.
1.6.10.4
However, if the employee’s service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if: a) The employee’s service is terminated because of the employee’s death; or b) The employee terminates the service because of: i) The employee’s illness or incapacity; or ii) A domestic or other pressing necessity; or c) The termination is because the employer: i) Dismisses the employee for a reason other than the employee’s conduct, capacity or performance; or ii) Unfairly dismisses the employee; or d) The termination is because of the effluxion of time and; i) The employee had a reasonable expectation that the employment with the employer would continue until the employee at completed at least 10 years continuous service; and ii) The employee was prepared to continue the employment with the employer.
1.6.10.5
Long service leave is exclusive of a public holiday that falls during the period of the leave.
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a) For the first 10 years continuous service – 8.6667 weeks; and b) If the employee has completed at least a further 5 years continuous service – another period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS 1.6.10.6
The employer and the employee may agree when the employee is to take long service leave.
1.6.10.7
If the employer and the employee can not agree, the employer may decide when the employee is to take leave by giving the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.
1.6.10.8
An employee shall provide at least six calendar months notice in writing of an intention to take leave.
1.6.10.9
The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
1.6.10.10
However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
1.6.10.11
The employer must not reduce an employee’s usual rate before an employee starts long service leave, with intent to avoid the employer’s obligation under 1.6.10.10 above.
1.6.11
Long Service Leave – Australian Capital Territory
1.6.11.1
Long service leave provisions for employees located in the Australian Capital Territory shall be as prescribed by the Long Service Leave (Portable Schemes) Act 2009.
1.7
COMMON ALLOWANCES
1.7.1
Clothing and equipment allowance Where an employee is required to wear protective clothing or equipment such as goggles, aprons or gloves, the employer will either supply such clothing or equipment or reimburse the employee for the cost of their purchase.
1.7.2
Travelling allowance Where an employee is directed to work away from their normal place of work on any day, the employee will be paid a mileage allowance of $0.74 per kilometre in the case of a motor car or $0.25 per kilometre in the case of a motor cycle. This allowance shall remain fixed for the duration of this Agreement. This provision does not apply if the employer provides or offers to provide suitable transport free of charge to the employee. Where the employee uses public transport, the cost of the additional transport for the day shall be reimbursed by the employer. Meal allowance An employee required to work overtime for more than one hour without being notified on the previous day or earlier that they will be so required to work, will either be supplied with a meal by the employer or paid an allowance of $11.50. This allowance shall remain fixed for the duration of
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1.7.3
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS this Agreement. No meal allowance is payable where an employee could reasonably return home for a meal within the period allowed.
1.8
PAYMENT OF WAGES
1.8.1
Wages will be paid fortnightly by payment into each employee’s bank account by electronic funds transfer.
1.8.2
Where an employee lawfully leaves their employment they will be paid all moneys due by electronic funds transfer within 5 working days of their last day of service.
1.8.3
Prior to a terminating employee’s last working day, that employee will submit all required paperwork to the employer and return any property of the employer which is in the employee’s possession.
1.9
SUPERANNUATION
1.9.1
Superannuation legislation a)
Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
b) The rights and obligations in these clauses supplement those in superannuation legislation. 1.9.2
Employer contributions An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
1.9.3
Voluntary employee contributions Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise the employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 1.9.1.
b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to the employer. c)
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a)
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The employer must pay the amount authorised under clauses a) or b) no later than 28 days after the end of the month in which the deduction authorised under clauses 1.9.3 (a) or b) was made.
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.9.4
Superannuation fund Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 1.9.1 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 1.9.1 and pay the amount authorised under clauses a) or b) to one of the following superannuation funds or its successor: a) b) c) d) e) f) g) h) i)
1.9.5
HESTA (default fund); ASSET; Australian Super; Tasplan; Statewide Superannuation Trust; Westscheme; Queensland Independent Education and Care Superannuation Trust (QIEC Super); Sunsuper; or any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.
Absence from work Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 1.9.2 and pay the amount authorised under clauses 1.9.1 (a) or b): a)
Paid leave—while the employee is on any paid leave;
b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
August 2010
the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
ii)
the employee remains employed by the employer.
1.10
UNION RELATED MATTERS
1.10.1
The employer and employee unions covered by this agreement commit to providing a mechanism to work cooperatively to advance their shared and mutual interests in: a) b)
20
i)
c) d) 1.10.2
establishing the employer as an employer of choice; and the competitive and viability of the operations of the business conducted by the employer in the early childhood education and care sector of Australia; and the economic and physical health and well being of employees of C&K; and the promotion and implementation of relevant union campaigns.
The employer recognises the LHMU and the ASU as being the unions which are able to exercise a representative role on behalf of employees should they so wish.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS
1.10.3
The employer will recommend to employees wishing to join a union that they be members of either the LHMU or ASU.
1.10.4
The employer agrees to provide the opportunity and facility for LHMU and/or ASU union delegates and officers to make presentations to new employees as part of a formal induction process. The induction presentation will be supportive of the employer and its management and in turn the employer will advise staff that it is supportive of union membership. All new employees shall, upon induction, be given union application forms and any relevant literature provided by the LHMU and ASU.
1.10.5
The employer will notify the LHMU and the ASU of the times and places of the inductions and the names of those employees covered by each union, who will be in attendance.
1.10.6
The employer will provide the relevant union with details of employees’ bank accounts so as to facilitate direct debit of union fees only in circumstances where the employee has authorised, in writing, the release of these details.
1.10.7
The employer recognises it is the role of the union delegate to represent union members. A person credentialed by the LHMU or ASU as a union delegate shall, upon notification to C&K, be recognised as the accredited representative of the relevant union.
1.10.8
In consultation with their immediate supervisor, the delegates shall be allowed the necessary time during working hours, provided that work is not interrupted unduly to: interview an employee or employer’s representative on matters affecting the employees he or she represents; b) to convey information relating to workplace or industry to employees; to undertake agreed training and development relevant to their role as a delegate; or to meet with a union official in relation to relevant workplace or industry issues.
1.10.9
The employer and the LHMU and ASU recognise the value of appropriately skilled delegates. To support the role of delegates in avoiding industrial disputation, 5 paid days per delegate per annum (non-accumulative) will be made available for delegates for agreed training and professional development.
1.10.10
Provided that there will be a maximum of one authorised delegate per each workplace in centres of up to 60 licensed childcare places and there will be a maximum of 5 paid days per centre per annum. In the case of a centre with a licensed capacity in excess of 60 there may be a maximum of two authorised delegates and there will be a maximum of 10 paid days per centre per annum.
1.10.11
Agreed training will include essential initial delegate training of 5 days within the first year. All new delegates may complete this training.
1.10.12
Professional development can include attendance at LHMU or ASU National, State and Branch Executive/Council meetings or conventions for union nominated delegates.
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a)
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 1: COMMON PROVISIONS In the event operational requirements of a centre preclude the delegate from being released for agreed training or development, the employer acknowledges that alternative arrangements shall be agreed between the parties as soon as practicable.
1.10.14
Applications to attend training or professional development shall be made not less than one calendar month before the intended course, or such lesser periods as may be agreed between the employer, the employee and LHMU and/or ASU.
1.10.15
Agreed training or professional development shall count as service. Any employee on agreed training or professional development shall receive payment in accordance with the roster they would have worked for the period of the absence.
1.10.16
The employer shall provide a noticeboard or other suitable space for the posting of union notices or communications. As a matter of courtesy, a copy of the union notice shall be forwarded to the employer prior to displaying on the notice board. Credentialed delegates shall have the right to place notices on notice boards within the workplace, provided that such notices are authorised by the union and deal with legitimate workplace or industry matters or union advice.
1.10.17
LHMU and ASU officials have a standing invitation to visit worksites covered by this Agreement for the purpose of acting as the representative of a member/s or potential member/s of that union during disciplinary, consultative or dispute proceedings or in connection with any other workplace or industry matter. As a matter of courtesy, the LHMU and ASU will contact the centre prior to any visit taking place. They shall be allowed time during working hours and a suitable mutually agreed location within the workplace to confer with their member/s prior, during and subsequent to discussions with management. Where a matter involves more than one employee, the union representative shall be afforded the opportunity to meet with them collectively prior, during and subsequent to discussions with management. Such proceedings will take place with an atmosphere of mutual respect with due weight given to the principles of procedural fairness and transparency.
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August 2010
1.10.13
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS 2.1
CLASSIFICATIONS
2.1.1
This section relates to the following positions: a) b) c) d) e) f) g) h) i) j)
Childcare Director (Children’s Services Employee Level 6A or 6) Childcare Assistant Director (Children’s Services Employee Level 5A or 5) Childcare Group Leader/Room Leader (Children’s Services Employee Level 4A or 4) Childcare Assistant (Children’s Services Employee Level 1, 2 or 3) Childcare Special Needs Assistant (Children’s Services Employee Level 1, 2 or 3) Childcare Cook (Children’s Support Worker Level 1, 2 or 3) Clerical Assistant (Children’s Support Worker Level 1, 2 or 3) Childcare Cleaner (Children’s Support Worker Level 1 or 2) Gardener (Children’s Support Worker Level 1 or 2) Bus Driver (Children’s Support Worker Level 1 or 2)
2.1.2
All the childcare employees listed in 2.1.1 (a) to (j) will be classified by the employer into one of the levels contained in this Section in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties.
2.1.3
Employees moving from one classification level to another will commence on the 1st year of the higher level.
2.1.4
Children’s Services Employee 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 will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular onthe-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children. 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.
A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level. Children’s Services Employee 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 employer 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.
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2.1.5
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS 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. 2.1.6
Children’s Services Employee Level 3 This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a CSE Level 2. 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.
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, must be paid no less than the rate prescribed for Level 3.4. 2.1.7
Children’s Services Employee 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.
2.1.8
Children’s Services Employee Level 4
An employee at this level will also take on the same duties and perform the same tasks as a CSE Level 3.
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August 2010
This is an employee who has completed a Diploma in Children’s Services or equivalent 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.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS Indicative duties:
Responsible, in consultation with the Assistant Director/Director for the preparation, 2.1.9
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.
Children’s Services Employee 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.
2.1.10
Children’s Services Employee 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; An Assistant Director will also take on the same duties and perform the same tasks as a CSE Level 4. 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. 2.1.11
Children’s Services Employee 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.
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August 2010
2.1.12
Children’s Services Employee 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-of-hours care; or is otherwise a person possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position, and who is appointed as the director of a service.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS
Indicative duties:
2.1.13
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. 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.
Children’s Support Worker Level 1 This is an untrained, unqualified employee. Employees at this level will work under supervision with guidance and direction. 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.
An employee will progress to Children’s Support Worker (CSW) Level 2 after 12 months, or earlier if the employee is performing the duties of a CSW employee Level 2. 2.1.14
Children’s Support Worker Level 2 An employee at this level will possess skills, training and experience above that of a Children’s Support Worker Level 1 and below that of a Children’s Support Worker Level 3. An employee at this level works under routine supervision and exercises discretion consistent with their skills and experience. Indicative duties
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August 2010
P a g e | 34
Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand. Laundry work. Cleaning. Gardening. Driving. Maintenance (non-trade).
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS Administrative duties. 2.1.15
Children’s Support Worker Level 3
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August 2010
An employee at this level possesses an AQF Certificate III or equivalent skills and performs work at that level as required by the employer.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS
2.2 WAGE RATES Children’s Services Employees - Qld
Queensland 2011
2010 Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
2012 Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
Assistant Level 1.1
Unqualified: on commencement
$631.14
$16.61
$656.39
$17.27
$682.64
$17.96
Level 2.1
Cert II: on commencement
$654.54
$17.22
$680.72
$17.91
$707.95
$18.63
Level 2.2
After 1 year
$677.94
$17.84
$705.06
$18.55
$733.26
$19.30
Level 3.1
Cert III: on commencement
$719.94
$18.95
$748.74
$19.70
$778.69
$20.49
Level 3.2
After 1 year
$735.14
$19.35
$764.55
$20.12
$795.13
$20.92
level 3.3
After 2 years
$750.74
$19.76
$780.77
$20.55
$812.00
$21.37
Level 3.4
Diploma
$750.74
$19.76
$780.77
$20.55
$812.00
$21.37
Level 3C
Casual Assistant
$24.18
$25.15
$26.16
Studying towards diploma: on commencement
$787.14
$20.71
$818.63
$21.54
$851.37
$22.40
Level 4A.2
After 1 year
$800.14
$21.06
$832.15
$21.90
$865.43
$22.77
Level 4A.3
After 2 Years
$813.14
$21.40
$845.67
$22.25
$879.49
$23.14
Level 4A.4
After 3 years
$813.14
$21.40
$845.67
$22.25
$879.49
$23.14
level 4A.5
After 4 years
$813.14
$21.40
$845.67
$22.25
$879.49
$23.14
level 4.1
Diploma: on commencement
$854.74
$22.49
$888.93
$23.39
$924.49
$24.33
Level 4.2
After 1 year
$867.74
$22.84
$902.45
$23.75
$938.55
$24.70
Level 4.3
After 2 years
$880.74
$23.18
$915.97
$24.10
$952.61
$25.07
Level 4C
Casual Group Leader
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August 2010
Group/Room Leader level 4A.1
P a g e | 36
$28.97
$30.13
$31.34
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS Queensland 2011
2010 Children’s Services Employees - Qld
2012
Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
Assistant Director Level 5A.1
Studying towards diploma: on commencement
$839.04
$22.08
$27.60
$872.60
$22.96
$28.70
$907.51
$23.88
$29.85
Level 5A.2
After 1 year
$850.82
$22.39
$27.99
$884.85
$23.29
$29.11
$920.25
$24.22
$30.27
Level 5A.3
After 2 years
$859.18
$22.61
$28.26
$893.55
$23.51
$29.39
$929.29
$24.45
$30.57
Level 5.1
Diploma: on commencement
$891.10
$23.45
$29.31
$926.74
$24.39
$30.49
$963.81
$25.36
$31.70
Level 5.2
After 1 year
$901.36
$23.72
$29.65
$937.41
$24.67
$30.84
$974.91
$25.66
$32.07
Level 5.3
After 2 years
$904.78
$23.81
$29.76
$940.97
$24.76
$30.95
$978.61
$25.75
$32.19
Level 5.4
Adv. Diploma or higher
$927.44
$24.41
$30.51
$964.54
$25.38
$31.73
$1,003.12
$26.40
$33.00
Level 6A.1
Studying towards Adv. Dip. or higher: on commencement
$969.90
$25.52
$31.90
$1,008.70
$26.54
$33.18
$1,049.04
$27.61
$34.51
Level 6A.2
After 1 year
$977.70
$25.73
$32.16
$1,016.81
$26.76
$33.45
$1,057.48
$27.83
$34.79
Level 6A.3
After 2 years
$993.60
$26.15
$32.68
$1,033.34
$27.19
$33.99
$1,074.68
$28.28
$35.35
Level 6.1
3 or 4 year qualified: on commencement
$977.70
$25.73
$32.16
$1,016.81
$26.76
$33.45
$1,057.48
$27.83
$34.79
Level 6.2
After 1 year
$993.60
$26.15
$32.68
$1,033.34
$27.19
$33.99
$1,074.68
$28.28
$35.35
Level 6.3
After 2 years
$1,008.90
$26.55
$33.19
$1,049.26
$27.61
$34.52
$1,091.23
$28.72
$35.90
Level 6.4
After 3 years
$1,024.30
$26.96
$33.69
$1,065.27
$28.03
$35.04
$1,107.88
$29.15
$36.44
Level 6.5
After 4 years
$1,054.90
$27.76
$34.70
$1,097.10
$28.87
$36.09
$1,140.98
$30.03
$37.53
Level 6.6
After 5 years
$1,085.45
$28.56
$35.71
$1,128.87
$29.71
$37.13
$1,174.02
$30.90
$38.62
Level 6.7
After 6 years
$1,124.45
$29.59
$36.99
$1,169.43
$30.77
$38.47
$1,216.21
$32.01
$40.01
Level 6.8
After 7 years
$1,144.90
$30.13
$37.66
$1,190.70
$31.33
$39.17
$1,238.32
$32.59
$40.73
Level 6.9
After 8 years
$1,155.30
$30.40
$38.00
$1,201.51
$31.62
$39.52
$1,249.57
$32.88
$41.10
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August 2010
Director
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS ACT 2011
2010 Weekly Rate
Hourly Rate (/38)
Unqualified: on commencement
$636.88
Cert II: on commencement After 1 year Cert III: on commencement
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
$16.76
$662.36
$662.34
$17.43
$686.28 $729.60
After 1 year After 2 years Diploma
Children’s Services Employees - ACT
2012 Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
$17.43
$688.85
$18.13
$688.83
$18.13
$716.39
$18.85
$18.06
$713.73
$18.78
$742.28
$19.53
$19.20
$758.78
$19.97
$789.14
$20.77
$755.82
$19.89
$786.05
$20.69
$817.49
$21.51
$780.14
$20.53
$811.35
$21.35
$843.80
$22.21
$824.98
$21.71
$857.98
$22.58
$892.30
$23.48
Casual Hourly Rate
Assistant Level 1.1 Level 2.1 Level 2.2 Level 3.1 Level 3.2 level 3.3 Level 3.4 Level 3C
Casual Assistant
$24.86
$25.85
$26.89
Group/Room Leader level 4A.1 Level 4A.2 Level 4A.3 Level 4A.4 level 4A.5 level 4.1
Level 4.3 Level 4C
$795.72
$20.94
$827.64
$21.78
$860.70
$22.65
After 1 year
$809.40
$21.30
$841.70
$22.15
$875.52
$23.04
After 2 Years
$822.70
$21.65
$855.76
$22.52
$889.96
$23.42
After 3 years
$822.70
$21.65
$855.76
$22.52
$889.96
$23.42
After 4 years
$822.70
$21.65
$855.76
$22.52
$889.96
$23.42
Diploma: on commencement
$864.50
$22.75
$899.08
$23.66
$935.04
$24.61
After 1 year
$878.18
$23.11
$913.31
$24.03
$949.84
$25.00
After 2 years
$891.48
$23.46
$927.14
$24.40
$964.22
$25.37
Casual Group Leader
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August 2010
Level 4.2
Studying towards diploma: on commencement
P a g e | 38
$29.33
$30.50
$31.72
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS ACT 2011
2010 Children’s Services Employees - ACT
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
2012
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Assistant Director Level 5A.1
Studying towards diploma: on commencement
$860.32
$22.64
$28.30
$894.90
$23.55
$29.43
$930.62
$24.49
$30.61
Level 5A.2
After 1 year
$873.24
$22.98
$28.73
$908.20
$23.90
$29.88
$944.68
$24.86
$31.08
Level 5A.3
After 2 years
$886.16
$23.32
$29.15
$921.50
$24.25
$30.32
$958.36
$25.22
$31.53
Level 5.1
Diploma: on commencement
$899.46
$23.67
$29.59
$935.44
$24.62
$30.77
$972.86
$25.60
$32.00
Level 5.2
After 1 year
$912.76
$24.02
$30.03
$949.27
$24.98
$31.23
$987.24
$25.98
$32.48
Level 5.3
After 2 years
$926.44
$24.38
$30.48
$963.50
$25.36
$31.69
$1,002.04
$26.37
$32.96
Level 5.4
Adv. Diploma or higher
$929.86
$24.47
$30.59
$967.05
$25.45
$31.81
$1,005.74
$26.47
$33.08
20
August 2010
Director Level 6A.1
Studying towards Adv. Dip. or higher: on commencement
$1,040.44
$27.38
$34.23
$1,082.24
$28.48
$35.60
$1,125.56
$29.62
$37.02
Level 6A.2
After 1 year
$1.052.60
$27.70
$34.63
$1,094.78
$28.81
$36.02
$1,138.48
$29.96
$37.46
Level 6A.3
After 2 years
$1,064.76
$28.02
$35.03
$1,107.32
$29.14
$36.43
$1,151.78
$30.31
$37.89
Level 6.1
3 or 4 year qualified: on commencement
$1,076.92
$28.34
$35.43
$1,119.86
$29.47
$36.85
$1,164.70
$30.65
$38.32
Level 6.2
After 1 year
$1,089.46
$28.67
$35.84
$1,133.16
$29.82
$37.27
$1,178.38
$31.01
$38.76
Level 6.3
After 2 years
$1,102.00
$29.00
$36.25
$1,146.08
$30.16
$37.70
$1,192.06
$31.37
$39.21
Level 6.4
After 3 years
$1,114.92
$29.34
$36.68
$1,159.38
$30.51
$38.15
$1,205.74
$31.73
$39.68
Level 6.5
After 4 years
$1,128.98
$29.71
$37.14
$1,174.20
$30.90
$38.63
$1,221.32
$32.14
$40.18
Level 6.6
After 5 years
$1,141.90
$30.05
$37.56
$1,187.50
$31.25
$39.06
$1,235.00
$32.50
$40.62
Level 6.7
After 6 years
$1,155.20
$30.40
$38.00
$1,201.41
$31.62
$39.52
$1,249.46
$32.88
$41.10
Level 6.8
After 7 years
$1,168.50
$30.75
$38.44
$1,215.24
$31.98
$39.98
$1,263.85
$33.26
$41.57
Level 6.9
After 8 years
$1,182.18
$31.11
$38.89
$1,229.47
$32.35
$40.44
$1,278.65
$33.65
$42.06
P a g e | 39
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS Queensland 2011
2010 Children’s Support Workers – Qld Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
2012
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Cook: on commencement
$719.72
$18.94
$23.68
$748.60
$19.70
$24.63
$778.62
$20.49
$25.62
Level 2.2
Cook: after 1 year
$735.30
$19.35
$24.19
$764.56
$20.12
$25.16
$794.96
$20.92
$26.17
Level 2.3
Cook: after 2 years
$750.88
$19.76
$24.70
$780.90
$20.55
$25.69
$812.06
$21.37
$26.72
Level 2.1
Clerical Assistant: on commencement
$666.90
$17.55
$21.94
$693.50
$18.25
$22.82
$721.24
$18.98
$23.71
Level 2.2
Clerical Assistant: after 1 year
$675.64
$17.78
$22.23
$702.62
$18.49
$23.12
$730.74
$19.23
$24.05
Level 3.1
Clerical Assistant: after 2 years
$686.28
$18.06
$22.58
$713.64
$18.78
$23.48
$742.14
$19.53
$24.42
Level 2.1
Cleaner
$637.26
$16.77
$20.96
$662.72
$17.44
$21.80
$689.32
$18.14
$22.67
Bus Drivers Level 2
$605.30
$15.9289
$19.9112
$629.51
$16.5661
$20.7076
$654.69
$17.2287
$21.5359
Bus Drivers after 1 year
$626.20
$16.4789
$20.5987
$651.29
$17.1392
$21.4240
$677.34
$17.8247
$22.2809
Gardener Level 2
$605.30
$15.9289
$19.9112
$629.51
$16.5661
$20.7076
$654.69
$17.2287
$21.5359
Gardener after 1 year
$626.20
$16.4789
$20.5987
$651.29
$17.1392
$21.4240
$677.34
$17.8247
$22.2809
20
August 2010
Level 2.1
P a g e | 40
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS ACT 2011
2010 Children’s Support Workers – ACT Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
2012
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Cook: on commencement
$662.34
$17.43
$21.79
$688.83
$18.13
$22.66
$716.39
$18.85
$23.57
Level 2.2
Cook: after 1 year
$686.28
$18.06
$22.58
$713.73
$18.78
$23.48
$742.28
$19.53
$24.42
Level 2.3
Cook: after 2 years
$686.28
$18.06
22.58
$713.73
$18.78
$23.48
$742.28
$19.53
$24.42
Level 5.1
Canteen Coordinator: on commencement
$899.46
$23.67
$29.59
$935.44
$24.62
$30.77
$972.86
$25.60
$32.00
Level 5.2
Canteen Coordinator: after 1 year
$912.76
$24.02
$30.03
$949.27
$24.98
$31.23
$987.24
$25.98
$32.48
Level 5.3
Canteen Coordinator: after 2 years
$926.44
$24.38
$30.48
$963.50
$25.36
$31.69
$1,002.04
$26.37
$32.96
Level 2.1
Clerical Assistant: on commencement
$666.90
$17.55
$21.94
$693.50
$18.25
$22.82
$721.24
$18.98
$23.71
Level 2.2
Clerical Assistant: after 1 year
$675.64
$17.78
$22.23
$702.62
$18.49
$23.12
$730.74
$19.23
$24.05
Level 3.1
Clerical Assistant: after 2 years
$686.28
$18.06
$22.58
$713.64
$18.78
$23.48
$742.14
$19.53
$24.42
Level 2.1
Cleaner *inc. toilet allowance
$666.90
$17.55
$21.94
$693.50
$18.25
$22.82
$721.24
$18.98
$23.71
Bus Drivers Level 2
$605.30
$15.9289
$19.9112
$629.51
$16.5661
$20.7076
$654.69
$17.2287
$21.5359
Bus Drivers after 1 year
$626.20
$16.4789
$20.5987
$651.29
$17.1392
$21.4240
$677.34
$17.8247
$22.2809
Gardener Level 2
$605.30
$15.9289
$19.9112
$629.51
$16.5661
$20.7076
$654.69
$17.2287
$21.5359
Gardener after 1 year
$626.20
$16.4789
$20.5987
$651.29
$17.1392
$21.4240
$677.34
$17.8247
$22.2809
20
August 2010
Level 2.1
P a g e | 41
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS 2.2
PROGRESSION
2.3.1
Progression from one level to the next within a classification is subject to an employee meeting the following criteria: a) Competency at the existing level; b) 12 months experience at that level (or in the case of employees employed for less than 19 hours per week – 24 months experience) and in-service training as required; and c) Demonstrated ability to acquire the skills necessary for advancement to the next pay point.
2.3.2
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 (3) months, provided that: a) The employee is notified in writing of the reasons for the deferral; b) The employee has, in the previous twelve (12) months, been provided with the inservice training required to attain a higher pay point; and c) Following any deferral, the employee is provided with the training necessary to advance to the next level. 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 this clause (2.3.1), any increase in wages will be back-paid to the 12 (or 24) month anniversary date of the previous progression.
2.3.4
An employee whose progression has been refused or deferred may invoke the provisions of clause 1.2.2 – Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date.
2.3.5
An employee employed as a Children’s Service Employee Level 2 on completion of an accredited introductory childcare course will immediately progress by one additional level beyond that determined in accordance with clause 2.3.1. Any additional steps will be subject to meeting the requirements of clause 2.3.1.
2.4
TRANSITION TO THE CLASSIFICATION TABLE
2.4.1
An existing employee’ classification will be translated to the new classification table in 2.2 in accordance with their qualifications and relevant experience. Where the translation would result in a wage rate which is less than an increase of 4% as at the commencement date of this Agreement, the classification used shall be the next Level which provides for at least a 4% increase.
20
August 2010
2.3.3
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS
2.5
HIGHER DUTIES
2.5.1
An employee engaged in duties carrying a higher rate than their ordinary classification for two or more consecutive hours within any shift or day will be paid, in addition to their ordinary rate of pay, the following additional fixed amount:
2010
2011
2012
Half Day
Full Day
Half Day
Full Day
Half Day
Full Day
(2-4 hours)
(> 4 hours)
(2-4 hours)
(> 4 hours)
(2-4 hours)
(> 4 hours)
Acting up as Group/Room Leader, Teacher or Assistant Director
$8.00
$16.00
$8.35
$16.70
$8.65
$17.30
Acting up as Director
$12.50
$25.00
$13.00
$26.00
$13.55
$27.10
2.5.2
In the case of an Assistant Director acting up as Director, the higher duties allowance will not be payable unless the period is for more than one week, with such payment commencing after the completion of one week acting up as Director.
2.6
STAFF MEETINGS
2.6.1
An employee will be entitled to a fixed amount of $40.00 for attending any of the monthly staff meetings held after the centre has closed throughout the year, subject to the following: An employee must attend at least 80% of each calendar year’s scheduled monthly meetings; b) An annual payment will be made each December reflecting the number of meetings attended multiplied by $40 (maximum payable $480). c) In the case of an employee who commences part-way through the year, (a) above will be based on the number of meetings held from the date of commencement to the end of the calendar year. d) In the case of an employee who is on approved sick leave or pre-approved extended leave on the day of a staff meeting, for the purpose of calculating the attendance rate in 2.6.1 (a) above, such employee will be deemed to have attended the meeting. However, deemed attendance shall not attract the payment in 2.6.1 (b) above. e) In the case of an employee whose employment is terminated through the year, a payment in respect of all the meetings attended during that calendar year will be made by the employer. f) Payment will be made according to an employee’s name and signature appearing on the monthly staff meeting attendance sheet
20
August 2010
a)
P a g e | 43
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS Payment of the fixed $40.00 amount is payment in lieu of time taken to attend such staff meetings and any applicable penalties h) Wherever possible, the duration of staff meetings shall not be in excess of one (1) hour. i) These payments will be taxed as a ‘one-off’ payment according to the ATO guidelines.
20
August 2010
g)
P a g e | 44
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 2: CHILDCARE PROVISIONS
2.7
REMOTE AREA INCENTIVE
2.7.1
The following Incentive Cash Benefits shall be payable to a Childcare Director upon commencement and in the subsequent alternative years (ie. 3rd, 5th, 7th, etc. year of service) Blackwater Capella Emerald Middlemount Tara Weipa
As at the date this agreement is approved by Fair Work Australia, all current eligible employees will receive the first payment in the first full pay period after the approval of this agreement.
20
August 2010
2.7.2
$2,000 $2,000 $2,000 $2,000 $2,000 $5,000
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS
TEACHERS IN LONG DAY CARE
3.1.1
Where a teacher is appointed to a teacher position in the pre-prep room of a long day care centre which attracts funding from the Kindergarten Funding Scheme (Queensland Government), such teacher will be classified as a Universal Access Teacher.
3.1.2
Where a teacher is appointed to a teacher position in the pre-prep or pre-school room of a long day care centre which does not attract funding from the Kindergarten Funding Scheme (Queensland Government), such teacher will be classified as a Child Care Teacher.
3.2
DUTIES
3.2.1
The duties of a teacher may include in addition to teaching, activities associated with administration, review, development and delivery of educational programmes and co-curricular activities.
20
August 2010
3.1
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS 3.3
WAGE RATES
Queensland 2011
2010
Universal Access Teachers Weekly Rate
Hourly Rate (/38)
$1,084.47
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
$28.5387
$1,127.85
$1,119.60
$29.4632
$1,178.14
2012 Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
$29.6802
$1,172.96
$30.8674
$1,164.38
$30.6417
$1,210.96
$31.8674
$31.0037
$1,225.27
$32.2438
$1,274.28
$33.5336
$1,236.94
$32.5511
$1,286.42
$33.8531
$1,337.87
$35.2072
$1,295.94
$34.1037
$1,347.78
$35.4678
$1,401.69
$36.8865
$1,345.08
$35.3968
$1,398.88
$36.8127
$1,454.84
$38.2852
$1,394.41
$36.6950
$1,450.19
$38.1628
$1,508.19
$39.6893
$1,462.56
$38.4884
$1,521.06
$40.0280
$1,581.90
$41.6291
$1,495.55
$39.3566
$1,555.37
$40.9308
$1,617.59
$42.5681
Casual Hourly Rate
Level 1 Level 2 Level 3 Level 4
4 year trained teacher: on commencement 5 year trained teacher: on commencement
Level 5 Level 6 Level 7 Level 8 Level 9 Level 10 Level 11 Casual Teacher
20
August 2010
Level C
P a g e | 47
$42.42
$44.12
$45.88
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS
2010
Child Care Teachers
Level 1
2 or 3 year trained teacher: on commencement
QUEENSLAND 2011
2012
Weekly Rate 790.0700
Hourly Rate (/38) 20.7913
Casual Hourly Rate 25.9891
806.3700
21.2203
26.5253
$838.6248
$22.0691
$27.5863
$872.1698
$22.9518
$28.6898
828.2900
21.7971
27.2464
$861.4216
$22.6690
$28.3362
$895.8785
$23.5757
$29.4697
858.1900
22.5839
28.2299
$892.5176
$23.4873
$29.3591
$928.2183
$24.4268
$30.5335
888.0900
23.3708
29.2135
$923.6136
$24.3056
$30.3820
$960.5581
$25.2778
$31.5973
915.9100
24.1029
30.1286
$952.5464
$25.0670
$31.3338
$990.6483
$26.0697
$32.5871
943.7300
24.8350
31.0438
$981.4792
$25.8284
$32.2855
$1,020.7384
$26.8615
$33.5769
973.6300
25.6218
32.0273
$1,012.5752
$26.6467
$33.3084
$1,053.0782
$27.7126
$34.6407
1003.5300
26.4087
33.0109
$1,043.6712
$27.4650
$34.3313
$1,085.4180
$28.5636
$35.7045
1033.4200
27.1953
33.9941
$1,074.7568
$28.2831
$35.3538
$1,117.7471
$29.4144
$36.7680
1063.3200
27.9821
34.9776
$1,105.8528
$29.1014
$36.3767
$1,150.0869
$30.2654
$37.8318
1093.2200
28.7689
35.9612
$1,136.9488
$29.9197
$37.3996
$1,182.4268
$31.1165
$38.8956
Weekly Rate $821.6728
Hourly Rate (/38) $21.6230
Casual Hourly Rate $27.0287
Weekly Rate $854.5397
Hourly Rate (/38) $22.4879
Casual Hourly Rate $28.1099
Level 2 Level 3 Level 4 Level 5
4 year trained teacher: on commencement 5 year trained teacher: on commencement Maximum level for 2 year trained teacher
Level 6 Level 7 Level 8 Level 9 Level 10
Level 12
20
August 2010
Level 11
P a g e | 48
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS
2010
Child Care Teachers
Level 1
2 or 3 year trained teacher: on commencement
Level 2
ACT 2011
2012
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
$809.02
$21.29
$26.61
$841.32
$22.14
$27.68
$875.14
$23.03
$28.79
$834.48
$21.96
$27.45
$867.92
$22.84
$28.55
$902.88
$23.76
$29.70
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
Weekly Rate
Hourly Rate (/38)
Casual Hourly Rate
4 year trained teacher: on commencement
$858.04
$22.58
$28.23
$892.62
$23.49
$29.36
$928.34
$24.43
$30.54
Level 4
5 year trained teacher: on commencement
$884.26
$23.27
$29.09
$919.60
$24.20
$30.25
$956.46
$25.17
$31.46
Level 5
Maximum level for 2 year trained teacher
$914.66
$24.07
$30.09
$951.14
$25.03
$31.29
$989.14
$26.03
$32.54
Level 6
$935.18
$24.61
$30.76
$972.42
$25.59
$31.99
$1,011.56
$26.62
$33.28
Level 7
$959.12
$25.24
$31.55
$997.50
$26.25
$32.81
$1,037.40
$27.30
$34.13
Level 8
$985.34
$25.93
$32.41
$1,024.86
$26.97
$33.71
$1,065.90
$28.05
$35.06
Level 9
$1,013.46
$26.67
$33.34
$1,053.74
$27.73
$34.66
$1,095.92
$28.84
$36.05
Level 10
$1,038.16
$27.32
$34.15
$1,079.58
$28.41
$35.51
$1,122.90
$29.55
$36.94
Level 11
$1,066.28
$28.06
$35.08
$1,108.84
$29.18
$36.48
$1,153.30
$30.35
$37.94
Level 12
$1,097.06
$28.87
$36.09
$1,140.76
$30.02
$37.53
$1,186.36
$31.22
$39.03
20
August 2010
Level 3
P a g e | 49
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS 3.4
CLASSIFICATION AND PROGRESSION
3.4.1
Progression from one level to the next within a classification for a full-time teacher is subject to the employee meeting the following criteria: a) b)
3.4.2
Competency at the existing level; and 12 months experience at that level
Progression from one level to the next within a classification for a part-time or casual teacher is subject to the employee meeting the following criteria: a) Competency at the existing level; and b) 12 months experience at that level; and c) Has worked 1,000 contact hours.
3.4.3
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 (3) months, provided that:
3.4.4
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 3.4.1, any increase in wages will be back-paid to the eligible date as determined by 3.4.1 or 3.4.2.
3.4.5
An employee whose progression has been refused or deferred may invoke the provisions of clause 1.2.2 Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the eligible date.
3.4.6
A teacher who is two year trained will commence on Level 1 of the salary scale in clause 3.3 – wage rates and progress according to normal years of service to a maximum of Level 5.
3.4.7
A teacher who is three year trained will commence on Level 1 of the salary scale in clause 3.3 – wage rates and progress according to normal years of service to Level 12 of the scale.
3.4.8
A teacher who is four year trained will commence on Level 3 of the salary scale in clause 3.3 – wage rates and progress according to normal years of service to Level 12.
3.4.9
A teacher who is five year trained will commence on Level 4 of the salary scale in clause 3.3 – wage rates and progress according to normal years of service to Level 12.
20
August 2010
a) The employee is notified in writing of the reasons for the deferral; b) The employee has, in the previous twelve (12) months, been provided with the in-service training required to attain a higher pay point; and c) Following any deferral, the employee is provided with the training necessary to advance to the next level.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 3: TEACHER PROVISIONS
3.5
TRANSITION TO THE CLASSIFICATION TABLE
3.5.1
An existing teacher’s classification will be translated to the new classification table in 3.3 in accordance with their qualifications and teaching experience. If, however, this translation does not result in a the following wage increases as at the commencement date of this Agreement, the classification used shall be the next level which provides for at least the increases below: a) b) c)
Universal Access Teacher Child Care Teacher Queensland Child Care Teacher ACT
3.6
HIGHER DUTIES
3.6.1
An teacher engaged in duties carrying a higher rate than their ordinary classification for two or more consecutive hours within any shift or day will be paid , in addition to their ordinary rate of pay, the following additional fixed amount 2010 2011 2012 Half Day
Full Day
Half Day
Full Day
Half Day
Full Day
(2-4 hours)
(> 4 hours)
(2-4 hours)
(> 4 hours)
(2-4 hours)
(> 4 hours)
$12.50
$25.00
$13.00
$26.00
$13.55
$27.10
Acting up as Director
3.7
REMOTE AREA INCENTIVES
3.7.1
The following Incentive Cash Benefits shall be payable to a Childcare Teacher or Universal Access Teacher upon commencement and in the subsequent alternative years (ie. 3rd, 5th, 7th, etc. year of service) Blackwater Capella Emerald Middlemount Tara Weipa
3.7.2
$2,000 $2,000 $2,000 $2,000 $2,000 $5,000
As at the date this agreement is approved by Fair Work Australia, all current eligible employees will receive the first payment in the first full pay period after the approval of this agreement.
20
August 2010
8% 4% 4%
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 4: FAMILY DAY CARE PROVISIONS 4.1
CLASSIFICATIONS
4.1.1
This section relates to the following positions: a) Family Day Care Team Leader (Level 6) b) Family Day Care Coordinator (Level 5) c) Family Day Care Clerical Assistant (Level 4)
4.1.2
All the employees listed in 4.1.1 (a) to (c) above will be classified by the employer into one of the levels contained in this Section in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties.
4.1.3
Employees moving from one classification level to another will commence on the first year of the higher level.
4.1.4
Family Day Care Employee Level 4 This is an employee who will work undertake work which is of a clerical nature to provide an administration support service to the family day care scheme. Typical duties include answering telephone calls, data input, ordering supplies and resources, record maintenance, etc.
4.1.5
Family Day Care Employee Level 5 This is an employee who is engaged in service delivery, including regular fieldwork, monitoring standards of child care, support and development of family day care providers, the recruitment, selection and training of family day care providers, liaison with parents and placement of children. This employee may also assist in the preparation of grant applications, budgets and the development of record management systems. This employee will have knowledge of child development, an understanding of family day care and/or child care, community development and welfare issues and a high level of interpersonal communication skills. This employee will have an involvement in service planning, policy development and implementation, responsibility for service delivery and ensuring statutory requirements are met.
4.1.6
Family Day Care Employee Level 6.
This employee will have substantial involvement in service planning, policy development, implementation and administration, responsibility for service delivery and ensuring statutory requirements are met.
20
August 2010
This employee shall, in addition to Level 5 responsibilities, be responsible for the administration and coordination of a family day care or in-home care service. This employee will also have a broad understanding of family day care and/or in-home care, community development and welfare issues, support services liaison and communication education and service administration.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 4: FAMILY DAY CARE PROVISIONS
20
August 2010
This employee may have involvement in more than one program within a service which may include planning for recruitment, assessment, training and development and support of family day care providers, early childhood education programming, health, hygiene, welfare and safety policy setting, financial management and reporting. This employee will also undertake significant projects requiring the use of analytical skills and subsequent preparation of reports and/or recommendations.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 4: FAMILY DAY CARE PROVISIONS
2010
4.2 Wage Rates
Level 4.1 Level 4.2 Level 4.3 Level 4.4 Level 5.1 Level 5.2 Level 5.3 Level 5.4 Level 6.1 Level 6.2 Level 6.3
20
August 2010
Level 6.4
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Clerical Assistant: on commencement Clerical Assistant: after 1 year Clerical Assistant: after 2 years Clerical Assistant: after 3 years Family Day Care Coordinator: on commencement Family Day Care Coordinator: after 1 year Family Day Care Coordinator: after 2 years Family Day Care Coordinator: after 3 years Family Day Care Team Leader: on commencement Family Day Care Team Leader: after 1 year Family Day Care Team Leader: after 2 years Family Day Care Team Leader: after 3 years
Queensland 2011
2012
Weekly Rate $781.8200
Hourly Rate (/38) $20.5742
Casual Hourly Rate $25.7178
$793.6000
$20.8842
$26.1053
$825.3440
$21.7196
$27.1495
$858.3578
$22.5884
$28.2355
$805.3800
$21.1942
$26.4928
$837.5952
$22.0420
$27.5525
$871.0990
$22.9237
$28.6546
$817.1600
$21.5042
$26.8803
$849.8464
$22.3644
$27.9555
$883.8403
$23.2590
$29.0737
$817.5400
$21.5142
$26.8928
$850.2416
$22.3748
$27.9685
$884.2513
$23.2698
$29.0872
$840.0500
$22.1066
$27.6332
$873.6520
$22.9908
$28.7386
$908.5981
$23.9105
$29.8881
$866.0500
$22.7908
$28.4885
$900.6920
$23.7024
$29.6280
$936.7197
$24.6505
$30.8131
$889.9700
$23.4203
$29.2753
$925.5688
$24.3571
$30.4463
$962.5916
$25.3314
$31.6642
$942.5600
$24.8042
$31.0053
$980.2624
$25.7964
$32.2455
$1,019.4729
$26.8282
$33.5353
$954.3400
$25.1142
$31.3928
$992.5136
$26.1188
$32.6485
$1,032.2141
$27.1635
$33.9544
$966.1200
$25.4242
$31.7803
$1,004.7648
$26.4412
$33.0515
$1,044.9554
$27.4988
$34.3735
$1,002.2200
$26.3742
$32.9678
$1,042.3088
$27.4292
$34.2865
$1,084.0012
$28.5263
$35.6579
Weekly Rate $813.0928
Hourly Rate (/38) $21.3972
Casual Hourly Rate $26.7465
Weekly Rate $845.6165
Hourly Rate (/38) $22.2531
Casual Hourly Rate $27.8163
C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 4: FAMILY DAY CARE PROVISIONS 4.3
PROGRESSION
4.3.1
Progression from one level to the next within a classification for a full-time employee is subject to the employee meeting the following criteria: a) Competency at the existing level; and b) 12 months experience at that level
4.3.2
Progression from one level to the next within a classification for a part-time or casual employee is subject to the employee meeting the following criteria: a) b) c)
4.3.3
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 (3) months, provided that: a) b) c)
The employee is notified in writing of the reasons for the deferral; The employee has, in the previous twelve (12) months, been provided with the in-service training required to attain a higher pay point; and Following any deferral, the employee is provided with the training necessary to advance to the next level.
4.3.4
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 4.3.1, any increase in wages will be back-paid to the eligible date as determined by 4.3.1 or 4.3.2.
4.3.5
An employee whose progression has been refused or deferred may invoke the provisions of clause 1.2.2 Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the eligible date.
4.4
TRANSITION TO THE CLASSIFICATION TABLE
4.4.1
An existing employee’ classification will be translated to the new classification table in 4.1 in accordance with their qualifications and relevant experience. Where the translation would result in a wage rate which is less than an increase of 4% as at the commencement date of this Agreement, the classification used shall be the next Level which provides for at least a 4% increase.
4.5
HIGHER DUTIES
4.5.1
An employee who is directed by the employer to perform duties of a substantive position which entitle the employee to a higher rate of pay under this agreement, for four consecutive working
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August 2010
Competency at the existing level; and 12 months experience at that level; and Has worked 800 ordinary hours.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 4: FAMILY DAY CARE PROVISIONS days or more, shall be paid for the period for which such duties are assumed at a rate not less than the minimum rate prescribed for the higher classification.
4.6
ON-CALL AND RECALL TO WORK
4.6.1
Each Family Day Care Scheme is required to determine one employee to be contactable by telephone during the hours the office is closed.
4.6.2
The nominated employee shall be provided with a mobile telephone to receive and make calls relevant to the service.
4.6.3
The nominated employee will receive the following daily allowance in respect to any 24 hour period during which the employee is on-call a) b)
4.6.4
Where an employee is recalled to work outside their ordinary rostered hours and after leaving the workplace: a) b)
The employee will be paid for a minimum of 3 hours at overtime rates, whether 3 hours is completed or not, where the employee leaves their home to attend to the work; or The employee will be paid at overtime rates for the actual time spent working, where such work is conducted at the employee’s residence.
Where an employee has been given reasonable notice that they will be required to work on their rostered day off due to an emergency, the employee shall be paid at ordinary time for that day and a substitute day off shall be granted.
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4.6.5
Monday to Friday – an amount equal to one hour’s ordinary rate of pay. Saturday, Sunday or Public Holiday – an amount equal to two hour’s ordinary rate of pay.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 5: JUNIOR, APPRENTICE & TRAINEE PROVISIONS 5.1
JUNIORS
5.1.1
Junior employees employed as Children’s Services Employees Levels 3, 4 and 5 must be paid at the appropriate adult rate.
5.1.2
Junior employees employed as Children’s Services Employee or Children’s Support Worker Level 1 or 2 will be paid no less than the following percentage of the corresponding rate: Age Under 17 years Under 18 years Under 19 years Under 20 years
% of adult rate 70% 80% 90% 100%
5.2
APPRENTICES
5.2.1
The following wage rates will apply to apprentices in Queensland and Canberra:
2010
2011
2012
Year 1
$776.26
$807.31
$839.60
Year 2
$803.15
$835.27
$868.68
Apprentices are not eligible for acting up allowances. This is due to the wage rates in 5.2.1 being inclusive of a loading to recognise the need to be available on a frequent basis to perform higher duties.
5.2.3
An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
5.2.4
Time spent by an apprentice in attending any training and assessment specified in, or associated with, the training contract is regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions.
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5.2.2
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 5: JUNIOR, APPRENTICE & TRAINEE PROVISIONS 5.3
TRAINEES
5.3.1
The following wage rates will apply to trainees in Queensland and Canberra:
Highest year of schooling completed 2010
Year 10
Year 11
Year 12
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
School leaver
$346.32
$9.1136
$346.32
$9.1136
$346.32
$9.1136
Plus 1 year out of school
$346.32
$9.1136
$346.32
$9.1136
$390.00
$10.2895
Plus 2 years out of school
$346.32
$9.1136
$390.00
$10.2895
$454.48
$11.9737
Plus 3 years out of school
$390.00
$10.2895
$454.48
$11.9737
$520.00
$13.7105
Plus 4 years out of school
$454.48
$11.9737
$520.00
$13.7105
$0.00
$0.00
Plus 5 or more years out of school
$520.00
$13.7105
$0.00
$0.00
$0.00
$0.00
Highest year of schooling completed 2011
Year 10
Year 11
Year 12
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
School leaver
$360.17
$9.4782
$360.17
$9.4782
$360.17
$9.4782
Plus 1 year out of school
$360.17
$9.4782
$360.17
$9.4782
$405.60
$10.7011
Plus 2 years out of school
$360.17
$9.4782
$405.60
$10.7011
$472.66
$12.4527
Plus 3 years out of school
$405.60
$10.7011
$472.66
$12.4527
$540.80
$14.2589
Plus 4 years out of school
$472.66
$12.4527
$540.80
$14.2589
$0.00
$0.00
Plus 5 or more years out of school
$540.80
$14.2589
$0.00
$0.00
$0.00
$0.00
Highest year of schooling completed 2012
Year 11
Year 12
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
Weekly Rate
Hourly Rate /38
School leaver
$374.58
$9.8573
$374.58
$9.8573
$374.58
$9.8573
Plus 1 year out of school
$374.58
$9.8573
$374.58
$9.8573
$421.82
$11.1291
Plus 2 years out of school
$374.58
$9.8573
$421.82
$11.1291
$491.57
$12.9508
Plus 3 years out of school
$421.82
$11.1291
$491.57
$12.9508
$562.43
$14.8293
Plus 4 years out of school
$491.57
$12.9508
$562.43
$14.8293
$0.00
$0.00
Plus 5 or more years out of school
$562.43
$14.8293
$0.00
$0.00
$0.00
$0.00
5.3.2
A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
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August 2010
Year 10
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 5: JUNIOR, APPRENTICE & TRAINEE PROVISIONS 5.2.4
Time spent by a trainee in attending any training and assessment specified in, or associated with, the training contract is regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions
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August 2010
.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 6: OUTSIDE SCHOOL HOURS CARE PROVISIONS 6.1
CLASSIFICATIONS
6.1.2
This section relates to the following positions: a) Outside School Hours Care Coordinator b) Outside School Hours Care Assistant Coordinator c) Outside School Hours Care Assistant
6.1.2
All the outside school hours care employees listed in 6.1.2 (a) to (c) will be classified by the employer into one of the levels contained in this Section in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties.
6.1.3
Employees moving from one classification level to another will commence on the 1st year of the higher level.
6.1.4
Outside School Hours Care Employee Level 1 (Assistant) This is an employee who has no formal qualifications but is able to perform work within the scope of this level. The employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular onthe-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children. 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. A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level.
6.1.5
Outside School Hours Care Employee Level 2 (Assistant)
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.
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August 2010
This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer 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.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 6: OUTSIDE SCHOOL HOURS CARE PROVISIONS 6.1.6
Outside School Hours Care Employee Level 3 (Assistant) This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a CSE Level 2. 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.
6.1.7
Outside School Hours Care Employee Level 4 (Assistant Coordinator) This is an employee who has completed a Diploma in Children’s Services or equivalent 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. Indicative duties: Responsible, in consultation with the Coordinator, for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups. Responsible to the Coordinator 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.
6.1.8
Outside School Hours Care Employee Level 5 (Unqualified Coordinator)
Indicative duties: Co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs. Contribute 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 and for management and compliance with licensing and all statutory and quality assurance issues. Generally supervise all employees within the service.
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August 2010
This is an employee who has not completed an AQF Level V Diploma in Children’s Services or equivalent and is appointed as Coordinator of an outside school hours care service.
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 6: OUTSIDE SCHOOL HOURS CARE PROVISIONS 6.1.9
Outside School Hours Care Employee Level 6 (Qualified Coordinator) A qualified coordinator 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-of-hours care; or is otherwise a person possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position, and who is appointed as the director of a service. 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. 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.
6.2
BROKEN SHIFT ALLOWANCE
6.2.1
Where an employee works two separate shifts in one day, they will be paid the following allowance for each day on which a broken shift is worked: 2010 $3.00
2011 $3.15
2012 $3.30
HIGHER DUTIES
6.3.1
An employee who is directed by the employer to perform duties of a substantive position which entitle the employee to a higher rate of pay under this agreement, for 2 hours or more, shall be paid for the period for which such duties are assumed at a rate not less than the minimum rate prescribed for the higher classification.
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August 2010
6.3
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 6: OUTSIDE SCHOOL HOURS CARE PROVISIONS
6.4 WAGE RATES
Queensland 2011
2010
2012
Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
$648.13 $671.84 $695.55 $736.26 $751.67 $767.48
$17.06 $17.68 $18.30 $19.38 $19.78 $20.20
$21.32 $22.10 $22.88 $24.22 $24.73 $25.25 $24.73
$674.05 $698.71 $723.37 $765.71 $781.74 $798.18
$17.74 $18.39 $19.04 $20.15 $20.57 $21.00
$22.17 $22.98 $23.80 $25.19 $25.72 $26.26 $25.72
$701.02 $726.66 $752.31 $796.34 $813.01 $830.10
$18.45 $19.12 $19.80 $20.96 $21.39 $21.84
$23.06 $23.90 $24.75 $26.20 $26.74 $27.31 $26.74
$907.77 $918.44 $932.67
$23.89 $24.17 $24.54
$29.86 $30.21 $30.68
$944.09 $955.18 $969.98
$24.84 $25.14 $25.53
$31.06 $31.42 $31.91
$981.85 $993.39 $1,008.78
$25.84 $26.14 $26.55
$32.30 $32.68 $33.18
$907.77 $918.44 $932.67
$23.89 $24.17 $24.54
$29.86 $30.21 $30.68
$944.09 $955.18 $969.98
$24.84 $25.14 $25.53
$31.06 $31.42 $31.91
$981.85 $993.39 $1,008.78
$25.84 $26.14 $26.55
$32.30 $32.68 $33.18
Assistant Level 1.1 Level 2.1 Level 2.2 Level 3.1 Level 3.2 level 3.3 Level 3C
Unqualified: on commencement Cert II: on commencement After 1 year Cert III: on commencement After 1 year After 2 years Casual Assistant
Assistant Coordinator level 4.1 Level 4.2 Level 4.3
On commencement After 1 year After 2 years
Unqualified Coordinator Level 5.1 Level 5.2 Level 5.3
On commencement After 1 year After 2 years
Qualified Coordinator Diploma qualified coordinator < 60 children
$1,002.22
$26.3742
$32.9678
$1,042.31
$27.4292
$34.2865
$1,084.00
$28.5263
$35.6579
Level 6.2
After 1 year
$1,011.34
$26.6142
$33.2678
$1,051.79
$27.6788
$34.5985
$1,093.87
$28.7859
$35.9824
Level 6.3
After 2 years
$1,023.50
$26.9342
$33.6678
$1,064.44
$28.0116
$35.0145
$1,107.02
$29.1320
$36.4151
Level 6.4
Diploma qualified coordinator > 60 children
$1,035.66
$27.2542
$34.0678
$1,077.09
$28.3444
$35.4305
$1,120.17
$29.4782
$36.8477
Level 6.5
After 1 year
$1,047.44
$27.5642
$34.4553
$1,089.34
$28.6668
$35.8335
$1,132.91
$29.8135
$37.2668
Level 6.6
After 2 years
$1,059.22
$27.8742
$34.8428
$1,101.59
$28.9892
$36.2365
$1,145.65
$30.1487
$37.6859
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August 2010
Level 6.1
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C&K Childrenâ&#x20AC;&#x2122;s Services Enterprise Agreement 2010 (Varied)
SECTION 6: OUTSIDE SCHOOL HOURS CARE PROVISIONS ACT 2011
2010 Weekly Rate
Hourly Rate (/38)
Casual Rate
Weekly Rate
Hourly Rate (/38)
2012 Casual Rate
Weekly Rate
Hourly Rate (/38)
Casual Rate
Assistant Level 1.1
Unqualified: on commencement
$636.88
$16.76
$662.36
$17.43
$688.85
$18.13
Level 2.1
Cert II: on commencement
$662.34
$17.43
$688.83$
$18.13
$716.39
$18.85
Level 2.2
After 1 year
$686.28
$18.06
$713.73
$18.78
$742.28
$19.53
Level 3.1
Cert III: on commencement
$729.60
$19.20
$758.78
$19.97
$789.14
$20.77
Level 3.2
After 1 year
$755.82
$19.89
$786.05
$20.69
$817.49
$21.51
level 3.3
After 2 years
$780.14
$20.53
$811.35
$21.35
$843.80
$22.21
Level 3C
Casual Assistant
$26.15
$27.20
$28.29
Assistant Coordinator level 4.1
On commencement
$864.50
$22.75
$28.44
$899.08
$23.66
$29.58
$935.04
$24.61
$30.76
Level 4.2
After 1 year
$878.18
$23.11
$28.89
$913.31
$24.03
$30.04
$949.84
$25.00
$31.25
Level 4.3
After 2 years
$891.48
$23.46
$29.33
$927.14
$24.40
$30.50
$964.22
$25.37
$31.71
Unqualified Coordinator Level 5.1
On commencement
$899.46
$23.67
$29.59
$935.44
$24.62
$30.77
$972.86
$25.60
$32.00
Level 5.2
After 1 year
$912.76
$24.02
$30.03
$949.27
$24.98
$31.23
$987.24
$25.98
$32.48
Level 5.3
After 2 years
$926.44
$24.38
$30.48
$963.50
$25.36
$31.69
$1,002.04
$26.37
$32.96
Diploma qualified coordinator < 60 children
$1,076.92
$28.34
$35.43
$1,119.86
$29.47
$36.85
$1,164.70
$30.65
$38.32
Level 6.2
After 1 year
$1,089.46
$28.67
$35.84
$1,133.16
$29.82
$37.27
$1,178.38
$31.01
$38.76
Level 6.3
After 2 years
$1,102.00
$29.00
$36.25
$1,146.08
$30.16
$37.70
$1,192.06
$31.37
$39.21
Level 6.4
Diploma qualified coordinator > 60 children
$1,114.92
$29.34
$36.68
$1,159.38
$30.51
$38.15
$1,205.74
$31.73
$39.68
Level 6.5
After 1 year
$1,128.98
$29.71
$37.14
$1,174.20
$30.90
$38.63
$1,221.32
$32.14
$40.18
Level 6.6
After 2 years
$1,141.90
$30.05
$37.56
$1,187.50
$31.25
$39.06
$1,235.00
$32.50
$40.62
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August 2010
Qualified Coordinator Level 6.1
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C&K Children’s Services Enterprise Agreement 2010 (Varied)
SECTION 7: SIGNATORIES
Signed for and on behalf of The
Creche & Kindergarten Association Inc.
Barrie Elvish – chief executive officer C&K 14 Edmondstone Street, Newmarket, Qld In the presence of: Amber Simpson – general manager human resources C&K 14 Edmondstone Street, Newmarket, Qld
Signed for and on behalf of The
_____________________________________ (signature) _____________________________________ (date) _____________________________________ (signature)
Liquor, Hospitality and Miscellaneous Union
Gary Bullock – Queensland Secretary LHMU 27 Peel Street, South Brisbane, Qld In the presence of: ______________________________________ (name) LHMU 27 Peel Street, South Brisbane, Qld
_____________________________________ (signature) ____________________________________ (date) ____________________________________ (signature)
Signed for and on behalf of The
Australian Services Union – Central & Southern Queensland Clerical & Administrative Branch Julie Bignell – Branch Secretary ASU 27 Peel Street, South Brisbane, Qld
______________________________________ (name) ASU 27 Peel Street, South Brisbane, Qld
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August 2010
In the presence of:
P a g e | 65
_____________________________________ (signature) _____________________________________ (date) ____________________________________ (signature)