SAINT STEPHEN’S COLLEGE LIMITED COLLECTIVE ENTERPRISE AGREEMENT 2010 TABLE OF CONTENTS Subject Matter
Clause No.
PART 1 – PRELIMINARY Title.............................................................................................................................................................................1.1 Application .................................................................................................................................................................1.2 Date and Period of Operation .....................................................................................................................................1.3 Collective Enterprise Agreement Posting...................................................................................................................1.4 Headmaster .................................................................................................................................................................1.5 Relationship to Other Instruments ..............................................................................................................................1.6 Individual Flexibility ..................................................................................................................................................1.7 PART 2 – PROCEDURE FOR PREVENTING AND SETTLING DISPUTES PART 3 – COLLEGE CONSULTATIVE COMMITTEE PART 4 – RELATIONSHIP TO AIMS OF THE COLLEGE Mission, Vision and Education Philosophy of the College.........................................................................................4.1 Educational Philosophy ..............................................................................................................................................4.2 Acknowledgment........................................................................................................................................................4.3 PART 5 – OBJECTIVES PART 6 – EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment Categories: Teachers ............................................................................................................................6.1 Employment Categories: Non Teaching Staff ............................................................................................................6.2 Probationary Period ....................................................................................................................................................6.3 Incidental and Peripheral Tasks..................................................................................................................................6.4 Termination of Employment: Teachers .....................................................................................................................6.5 Termination of Employment: Non Teachers ..............................................................................................................6.6 Statement of Employment ..........................................................................................................................................6.7 Introduction of Changes .............................................................................................................................................6.8 Redundancy ................................................................................................................................................................6.9 Internal Staff Appointments .....................................................................................................................................6.10 PART 7 – WAGES Wage Increases ...........................................................................................................................................................7.1 No Further Increases...................................................................................................................................................7.2 Excellence in Classroom Teaching.............................................................................................................................7.3 Superannuation ...........................................................................................................................................................7.4 Salary Packaging into Superannuation Funds ............................................................................................................7.5 Superannuation Contributions ....................................................................................................................................7.6 Salary Packaging ........................................................................................................................................................7.7 PART 8 – LEAVE Annual Leave..............................................................................................................................................................8.1 Personal / Carer’s Leave.............................................................................................................................................8.2 Compassionate Leave .................................................................................................................................................8.3 Parental Leave ............................................................................................................................................................8.4 Long Service Leave ...................................................................................................................................................8.5 Cashing Out of Long Service Leave...........................................................................................................................8.6 Pro Rate Entitlement to Long Service Leave..............................................................................................................8.7
Public Holidays...........................................................................................................................................................8.8 PART 9 – EFFICIENCY AND EFFECTIVENESS INITIATIVES Position Descriptions ..................................................................................................................................................9.1 Appraisal Process / Professional Learning Scheme ....................................................................................................9.2 Class Sizes ..................................................................................................................................................................9.3 Efficient and Economical Use of Resources...............................................................................................................9.4 College Policies .........................................................................................................................................................9.5 Workplace Health and Safety .....................................................................................................................................9.6 School Offices’ Classification Review .......................................................................................................................9.7 Positions of Added Responsibility..............................................................................................................................9.8 Student Medications Protocol.....................................................................................................................................9.9 After School Childcare for Employees With After School Duties ...........................................................................9.10 Childcare Facilities for College Staff .......................................................................................................................9.11 Employee Professional Development and Study ......................................................................................................9.12 Support for New Graduate Teachers ........................................................................................................................9.13
PART 1 – PRELIMINARY 1.1
Title
This Agreement shall be known as the Saint Stephen’s College Limited Collective Enterprise Agreement 2010. 1.2
Application
This Agreement shall apply to Saint Stephen’s College (the College) and it’s Employees from whom classifications and wage rates are contained herein and to the Unions signatory to this Agreement. 1.3
Date and Period of Operation
This agreement shall operate from the date of lodgement and have a nominal expiry date of 31 December 2012. 1.4
Collective Enterprise Agreement Posting
A copy of this Agreement shall be exhibited in a conspicuous and convenient place at the College so as to be easily read by Employees. 1.5
Headmaster
The authority of the Employer is vested in the Headmaster. The terms “Headmaster” and “Principal” shall mean the Chief Executive Officer of the College 1.6
Relationship to Other Instruments
This is a comprehensive Agreement that applies to the exclusion of all other industrial instruments. 1.7
Individual Flexibility
1.7.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms and the agreement if: (a) the agreement deals with 1 or more of the following matters:
arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; and
(b) the arrangement meets the genuine needs of the employer and the employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 1.7.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 1.7.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of: the terms of the enterprise agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 1.7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.7.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing – at any time. PART 2 – PROCEDURE FOR PREVENTING AND SETTLING DISPUTES Subject to the Fair Work Act 2009, any grievance or dispute between the parties covered by the Agreement which arises from or is related to matters affecting the working condition of Employees or any other industrial matter pertaining to the relations between Saint Stephen’s College and Employees shall be dealt with in the following manner. This shall exclude those disciplinary processes for which a specific procedure is provided for in the College’s Child Protection Policy. 2.1
The matters to be dealt with in the procedure shall include all grievances or disputes between an Employee and the College in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single Employee or to any number of Employees.
2.2
In the event of an Employee having a grievance or dispute the Employee shall, in the first instance, attempt to resolve the matter with a member of the College executive or other person designated by the Headmaster, who shall respond to such request as soon as reasonably practicable under the circumstances. Such discussions may take place in the company of a colleague of their choice or, if they so wish, the Employee(s) may nominate a representative to discuss such grievance or dispute on their behalf.
2.3
If the grievance or dispute is not resolved under subclause 2.2 hereof the Employee or the Employee’s nominated representative shall refer the matter to the Headmaster and/or the Headmaster’s agent. Such discussion should, if possible, take place within 24 hours after the request by the Employee or the Employee’s nominated representatives.
2.4
If a grievance or dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the grievance or dispute to Fair Work Australia for resolution by mediation and/or conciliation.
2.5
The parties agree that in the event that the grievance or dispute remains unresolved after the steps outlined in clauses 2.2, 2.3 and 2.4 have been completed, Fair Work Australia is empowered to arbitrate the grievance or dispute wherever it is permitted to do so by the Fair Work Act 2009.
2.6
If a recommendation is necessary the parties shall agree to the procedural powers in relation to hearings, witnesses, evidence and submissions that Fair Work Australia may exercise in the particular dispute. These powers shall be all that are necessary to make the recommendation effective and do all such things as are necessary for the just resolution of the dispute.
2.7
Should the parties be unable to agree on the procedural powers that Fair Work Australia may exercise in the process of a particular dispute as allowed for in clause 2.5, Fair Work Australia may make a recommendation as to the appropriate procedural powers having regard to clause 2.5.
2.8
It is a term of this Agreement that the decision of Fair Work Australia made under subclause 2.5 will bind the parties subject to either party exercising a right of appeal under the Fair Work Act 2009.
2.9
A Full Bench of Fair Work Australia which will have all the powers prescribed in the clause 2.5 hereof. To
avoid doubt, the only right of appeal shall be due to an error of law contained in a recommendation. 2.10
Any recommendation of the Full Bench is final.
2.11
Whilst all of the above procedure is being followed normal work, free of any bans, limitations or stoppages and the status quo existing before the emergence of the grievance or dispute shall continue except in a case of a genuine health and/or safety issue.
2.12
Except in the case of termination, the employment relationship continues whilst the above procedure is being followed and may include continued payment to the Employee notwithstanding that the employee may not be on site.
2.13
Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made.
PART 3 – COLLEGE CONSULTATIVE COMMITTEE 3.1
The Parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of the College. The Parties also accept that according to the authority and responsibility structure of the College, final decision making remains the prerogative of the Headmaster/College. The Headmaster/College, in coming to decisions, is committed to the process of consultation with employees.
3.2
The College has already in place a number of structures to facilitate consultation and to advise the Headmaster/College in decision making. These structures include: (a) regular meetings of Staff, Middle Management and Committees; (b) an Executive Committee of Senior Staff; (c) other committees or groups set up from time to time by the Headmaster for a special purpose; and (d) various committees or officers appointed according to government regulation (e.g. Workplace Health and Safety.)
3.3
A College Consultative Committee is an important element in the consultative structure within the College to ensure all people affected have an opportunity to participate in the implementation and monitoring of the Enterprise Bargaining Agreement at the College level.
3.4
The Parties agree to form a College Consultative Committee to address issues and provide advice to the College regarding matters which may arise from the Agreement.
3.5
In agreeing to form a College Consultative Committee management and employees acknowledge the requirement for an atmosphere of mutual trust and co-operation. The overall purpose of the Committee is to provide an environment for greater two-way communication and in doing so, establish a forum in which employees are able to participate in the implementation of the Enterprise Bargaining Agreement. The College Consultative Committee also provides management with the opportunity to utilise employee knowledge and experience.
3.6
All Parties support the principles of co-operation and consultation and agree that effective consultation is dependent upon: (a) a commitment to participate; (b) co-operation and consultation prior to decisions being made; (c) effective communication process within the College; (d) professional development; and (e) regular meetings.
3.7
Objectives of College Consultative Committee
The College Consultative Committee is established to implement, monitor and evaluate the Collective Workplace Agreement at the College level. The objectives of the Committee are: (a) to promote a co-operative approach to the implementation of the terms of the Collective Workplace Agreement; (b) to plan and ensure that necessary changes in work practices and organisation are implemented; (c) to provide a mechanism for employees to have input into decisions that affect their working lives, thus providing a more satisfying work environment; and (d) to provide a mechanism for employees to be involved in problem solving. 3.8
Tasks of the College Consultative Committee To achieve the above objectives, the College Consultative Committee will: (a) monitor the implementation of the Agreement by monitoring the Key Performance Indicators in the Agreement; and (b) consult with all Parties affected by ongoing implementation. The College Consultative Committee will reflect the staffing structure of the College; (a) up to three (3) persons appointed by the College; and (b) three (3) employee representatives nominated by employees, including one (1) member from the Teaching staff and one (1) member from the School Officer and/or Services Staff. Where appropriate, other relevant personnel may be co-opted for input in specific issues subject to the mutual consent of the parties.
PART 4 – RELATIONSHIP TO AIMS OF THE COLLEGE 4.1
Mission, Vision and Education Philosophy of the College. Employees commit to work to achieve the mission and vision and to support the values and philosophy of the College.
4.1.1 Our Motto: “God Our Strength, Excellence Our Pursuit” and in marketing material - “Energy Esteem and Expression” 4.1.2 Our Vision: Saint Stephen's College will be a learning community centred on Christian principles. As such, it will foster self directed, determined, courageous and skilful people of substance who will make a positive difference to their communities while they are at the College and when they graduate. Our students will leave Year 12 with a strong sense of who they are and with the courage and skills to thrive in the 21st Century. 4.1.3 Our Mission; “We develop character and inspire hope” Our Values: (a) Personal attributes: Integrity/Commitment/Participation (to each other and to the promises we make); Abundance mentality/Graciousness (encouraging/recognising others) that flows from a commitment to something greater than ourselves; Maturity (the ability to tell the truth without offending others); and Respect for self and others. (b) Community attributes: Creativity and innovation;
Fun/enjoying learning/celebration /joyfulness; Informed participation; Love and belonging; Learning through natural consequences; and Personal safety.
(c) Educational attributes (essential learning). Each of these is explained in the attached document.
An international perspective; A futures (change) orientation; The ability to apply knowledge; An interdisciplinary perspective; A capacity to work in teams; Literacy, numeracy and communication skills (including an understanding of the language of science and technology); Spirituality; Imagination/Creativity; and Personal mastery and character based leadership. 4.2
Statement of Philosophy The following statement of philosophy is intended to complement the Melbourne Declaration on Educational Goals for Young Australians. Saint Stephen’s College endorses the Declaration’s commitment to equity and excellence. The College community recognises the need for young Australians to become successful learners, confident and creative individuals, and active and informed citizens. At Saint Stephen’s College we believe that the academic, spiritual, cultural and sporting dimensions of a child’s education are all important. These dimensions are developed so as to equip students of the College with the academic and social tools required to leas a successful life and to contribute positively to the broader community. The College community should be safe, happy and caring; healthy, active and dynamic; as well as academic, productive and achievement oriented. While the College accepts students with carried religious backgrounds, it seeks to leas all students in their Christian faith development. This is achieved through the modelling of Christian values as well as explicit teaching. All members of staff are expected to support the College’s Christian ethos. Students develop most effectively when they are aware of their community’s expectations, which are communicated informally or through College policies. Respect for self and others are fundamental expectations at Saint Stephen’s College. Consequently, persistent bullying, abuse of teachers, disruptive behaviour and failure to fulfil commitments is considered unacceptable and can lead to the termination of the student’s enrolment. Persistent failure to submit work and failure to wear the College uniform correctly are also considered to be serious breaches of our mutual expectations. The community at Saint Stephen’s College focuses on developing each person as a creative and optimistic individual who is ready to learn and solve problems while at the same time educating them to work collaboratively with others. The College seeks to engage with the community beyond its gates through active participation in projects that serve others. The staff of the College understands the need to work with parents as they educate their child. Effective parenting is the single most important factor in the education of a school-aged child. It follows that collaboration between home and school is a vital contributor to the success of any child. To this end the College asks parents to support policies and to encourage their children to fulfil their commitments. Most importantly, the College asks each parent to show interest in their child’s education through attendance at College events and by discussing what their child is learning when they are at home. Children develop at different rates. The College’s teachers recognise the need to provide programmes that cater for the differing learning needs of children through such means as; classroom teachers offering differentiated curriculum experiences, grouping children of similar ability, providing special ability programmes and by providing alternative course options and community-linked experiences for older students. While classroom teachers differentiate the curriculum to meet the different needs of children it is also important
for children to be placed in programmes with children of broadly similar abilities. The needs of the child may be best served in multi-grade classrooms or by spending more than one year in a grade level during their schooling experience at the College. Consequently, each child’s progress through the College is linked to their competency in core curriculum areas. Relationships between staff and students are at the heart of our College. These relationships are based on mutual respect and a preparedness to appreciate and support each other. This philosophy is not inconsistent with the expectation that students recognise the authority of staff as adults who have a responsibility for and an interest in their learning and welfare. The teachers’ goal is to ensure that each child performs to the best of their ability, and this may mean that they need to take the student outside of their comfort zone. Teachers at Saint Stephen’s College are expected to be masters of their academic disciplines and well informed classroom practitioners. High levels of enthusiasm and a genuine love of children underpin these expectations. The College’s teachers and other staff are expected to engage in professional development to ensure they apply best practice, including the integration of ICT into the teaching/learning process. While the College accepts that it has a major role to play in guiding this development, it also expects its teachers to be proactive in managing their own learning. 4.3
Acknowledgement The Parties to this Agreement acknowledge and agree to work towards to achievement of the College Mission detailed in Clause 4.1 of the Agreement.
5
PART 5 – OBJECTIVES
5.1
This Agreement provides a framework for the Parties to work together towards improving productivity and efficiency.
5.2
The objectives of the Agreement are to develop a culture of workplace reform by: (a) Enhancing the delivery of educational services for students in Saint Stephen’s College through effective and efficient College arrangements that:
Maximise the learning outcomes for students through quality teaching, training and coaching; Encourage continuous improvement in productivity and efficiency; Encourage a culture of workplace reform and collaborative and consultative decision making; Support more effective College management and resourcing processes through increased flexibility, responsiveness, professionalism, autonomy and accountability within a consistent policy framework; and Reflect and give support to the principles of employment equity and social justice.
(b) Providing incentive for the Parties to pursue initiative that will lead to improved productivity: (c) Encouraging the pursuit of excellence through the development of Best Practice initiatives; and (d) Providing certainty and equity in relation to wage outcomes for the life of the Agreement.
6
PART 6 – EMPLOYER AND EMPLOYEE’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
6.1
Employment Categories: Teachers Teaching staff shall be advised in writing of their employment category upon appointment. Employment categories are: (a) Full time; (b) Part time; (c) Casual; (d) Fixed term; and (e) Job Share.
6.1.1 Part-time Teachers (a) The rate of payment for part time Teachers shall be calculated: (i) By dividing the fortnightly rate of salary by 53 and adding thereto a casual loading of 23%. No payment shall be made to such part-time Teachers for public holidays, school vacation periods or days absent from duty because of illness or any other reason; or (ii) By dividing the fortnightly rate of salary by 53. Part time Teachers paid in accordance with this subclause shall accrue a pro rata entitlement to sick leave and vacation periods based on the average ordinary weekly hours of employment. (b) A part time Teacher in the Secondary School shall be allowed time for corrections, assessments or evaluations at the College at the rate of not less than one hour for every 5 hours of teaching time. Such time shall be paid in accordance with 6.1.1(a). (c) The incremental progression and advancement provisions of Schedule 3 shall apply to part time Teachers provided that a part time Teacher shall be deemed to have completed a Year of Service, for the purpose of determining salary increments only, when the aggregate amount of time paid for this 1000 hours. 6.1.2 Casual Teachers (a) A casual Teacher shall be employed on an intermittent or short term basis to relieve a Teacher absent from duty or to meet a short term staffing need at the College. (b) A casual Teacher shall be employed for minimum period of 3 hours per engagement. (c) Casual Teachers in the Secondary School will be paid for preparation and correction time. Casual Teachers will not receive such payment in respect of the first 2 days of any one engagement. (d) Remuneration for a casual Teacher shall be in accordance with the formula contained in 6.1.1(a)(i). The Employee will be treated as a casual Employee for the purpose of all entitlements under the Agreement. 6.1.3 Fixed Term Appointment (a) “Fixed Term Appointee” is defined as a Teacher appointed by the College for a fixed time period. Without limiting the application of the foregoing, an identifiable short term need could include:
Special projects Special Government grants Filling the position of a specified Teacher who is on nominated leave from the school Filling the position of a Teacher arising from a resignation, where such position is declared vacant and no suitable permanent Teacher is available.
(b) Any agreement reached between the College and an individual Teacher in accordance with this clause shall be in writing, signed by both parties, and shall clearly identify the term, conditions and specific
duration of the appointment. 6.1.4 Job Share (a) “Job Share” is a mode of employment where the duties, responsibilities and benefits of an employment classification contained in clause 6.1 is shared between 2 Employees. (b) Job Share will be only offered at the absolute discretion of the Headmaster. (c) If a Job Share arrangement is approved, the Headmaster shall develop mutually agreed terms and conditions of the job share arrangement. Such arrangements shall be confirmed in writing prior to the commencement of the job share and shall include:
The division of the position Consideration of attendance at school activities including professional development The length of the job share arrangement Protocols to follow if one member of the job share is unable to continue in the position during the job share period
(d) The salaries paid to job share participants shall be in accordance with the scale of salaries prescribed in Schedule 1 of this Agreement based on the percentage division of the work. (e) Employees subject to a job share arrangement shall be entitled to pro rata benefits of such leave, vacation periods, public holidays, incremental progression and all other accrued benefits to full time Employees. 6.2
Employment Categories: Non Teaching Staff
6.2.1 Contract of Employment (a) Each non-teaching Employee other than a casual Employee shall be advised in writing at the point of engagement of the following: (i) (ii) (iii) (iv) (v)
The Employment category; Classification and Pay Point Level; The number of ordinary hours to be worked; If term time, the weeks the Employee is to be employed; and The duration of the engagement in respect of employment for a fixed period.
(b) Employment categories are: (i) (ii) (iii) (iv) (v)
Full time; Part time; Casual; Term time; and Fixed period.
(c) The College may vary the terms of engagement of any Employee other than a casual Employee by providing 2 weeks notice of such changes unless it is mutually agreed between the College and Employee that a shorter period of time shall apply. 6.2.2 Full Time Employment A full time Employee is an Employee who is engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum. 6.2.3 Part Time Employment (a) A part time Employee is an Employee who: (i) Is employed for less than 38 ordinary hours per week on the basis of 52 weeks per annum; and (ii) Has reasonably predictable hours of work; and (iii) Receives, on a pro rata basis, equivalent pay and conditions to those full time Employees covered by this Agreement.
(b) Subject to 6.2.1(c) the agreed number of ordinary hours per week may be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing. (c) All time worked outside the spread of ordinary working hours and the Employee’s normal starting and finishing times of ordinary hours will be paid as overtime or time in lieu as appropriate. (d) A part time Employee employed under this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed. (e) Where a public holiday falls on a day upon which an Employee is normally employed, that Employee shall be paid the appropriate rate for the number of hours normally worked on that day. 6.2.4 Casual Employment (a) A casual employee shall be employed on an intermittent or short term basis to relieve an employee absent from duty or to meet a short term staffing need at the College. (b) A casual Employee is an Employee engaged and paid as such and who is employed by the hour. (c) As casual Employee shall be paid an hourly rate equal to 1/38th of the weekly rate for a full time Employee plus a 23% loading with a minimum payment of 2 hours for each day’s engagement. 6.2.5 Employment of Term Time and Fixed Period Employees (a) Term time or fixed period Employees shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full time rate divided by 38. (b) Employees employed under this clause shall be entitled to receive pro rata entitlements to annual leave and sick leave. (c) Where a public holiday falls on a day upon which an Employee is normally employed, that Employee shall be paid the appropriate rate for the number of hours normally worked on that day. (d) “Term time Employee” is a continuing Employee engaged to work: (i) 38 ordinary hours per week but less than 52 weeks per annum; or (ii) Less than 38 ordinary hours per week and less than 52 weeks per annum. (e) “Fixed period Employee” is an Employee engaged to work 38 ordinary hours or less per week with a specified commencement and cessation date. 6.2.6 Apprentices and Trainees Apprentices and Trainees may be engaged under this Agreement in accordance with Schedule 5. 6.2.7 Mixed Functions An Employee who is required to perform work on any day for which a higher rate of pay is prescribed shall be paid as follows: (a) If more than 4 hours on any day – payment of the higher rate for the whole day. (b) If 4 hours or less – payment of the higher rate for 4 hours. 6.3
Probationary Period
6.3.1 The employment of all Employees is subject to a six (6) month probationary period beginning at the commencement of employment unless the College and the Employee agree to a shorter or longer probationary period in writing.
6.3.2 The probationary period is intended to allow the College and the Employee to determine their suitability for the position. At the conclusion of the probationary period the Employee’s engagement will be confirmed by the College. 6.4
Incidental and Peripheral Tasks This Clause 6.4 shall apply to all Employees.
6.4.1 The College may direct an Employee to carry out such duties as are reasonably within the limits of the Employee’s skill, competence and training. 6.4.2 The College may direct an Employee to carry out such duties and use such tools and equipment as may be required provided that the Employee has been properly trained in the use of such tools and equipment (where relevant). 6.4.3 Any direction issued by the College pursuant to this clause shall be consistent with the College’s responsibilities to provide a safe and healthy working environment. 6.5
Termination of Employment: Teachers
6.5.1 The employment of a teacher (other than a casual teacher) will not be terminated by the College without at least four term weeks’ notice (inclusive of the notice required under the NES), the payment of four weeks’ salary instead of notice or part notice and part payment instead of notice provided that the total weeks’ notice and weeks’ payment shall equal four weeks. 6.5.2 The notice of termination required to be given by an employee is the same as that required of an employer. The College may at its discretion agree to a shorter period of teacher resignation notice where compelling circumstances exist. In exercising such discretion, early notification of intent to apply for other positions will be favourably considered. 6.5.3 If an employee fails to give the notice specified in clause 6.5.2 the employer may withhold from any monies due to the employee on termination, an amount not exceeding the amount the employee would have been paid in respect of the period of notice required by this clause less any period of notice actually given by the employee. 6.5.4 Notice shall not be required in the case of dismissal for misconduct or other grounds that justify instant dismissal. 6.6
Termination of Employment: Non Teachers
6.6.1 Termination by the College – Non Teachers (a) The College will give to an Employee, other than a casual Employee, notice in writing of the termination of employment as follows: If the Employee’s continuous service is: Not more than 3 years
2 weeks
More than 3 years but not more than 5 years
3 weeks
More than 5 years
4 weeks
(b) The notice required by 6.6.1(a) will be increased by one week if the Employee is over 45 years old and has completed at least 2 years of continuous service with the College. (c) Where the College does not give the appropriate notice payment in lieu of notice will be made to the Employee. Employment may be terminated by giving part of the period of notice and part-payment (or withholding as the case may be) in lieu of notice. 6.6.2 Termination by a Non-Teaching Employee (a) The notice of termination required to be given in writing by a non-teaching Employee is the same amount of notice that is required to be given by the College, except that there shall be no additional notice based on the age of the Employee concerned. (b) If an Employee fails to give the required amount of notice the College shall have the right to withhold monies due to the Employee with a maximum amount equal to the ordinary time rate for the period of notice provided that employment may be terminated by part of the period of notice specified and part withholding of wages in lieu thereof. 6.7
Statement of Employment The College shall, in the event of termination of employment, provide upon request to an Employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the Employee.
6.8
Introduction of Changes
6.8.1 College's Duty to Notify (a) Where the College decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on Employees, the College shall notify the Employees who may be affected by the proposed changes and, where requested, their nominated representative. (b) “Significant effects� includes termination of employment, major changes in the composition, operation or size of the College workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work of locations and the restructuring of jobs. Where the Workplace Agreement makes provision for alteration of any of these matters an alteration shall be deemed not have significant effect. 6.8.2 College's Duty to Consult over Change (a) The College shall consult the Employees affected and, if requested by the Employee, their nominated representative about the introduction of the changes, the effects the changes are likely to have on Employees (including the time when, or the period over which, the College intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (eg. by finding alternate employment). (b) The consultation must occur as soon as practicable after making the decision referred to in 6.8.1(a). (c) For the purpose of such consultation the College shall provide in writing to the Employees affected all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on the Employee, and any other matters likely to affect the Employee, provided that the College shall not be required to disclose information about other Employees unless those Employees request that it be provided, or confidential information, the disclosure of which would be adverse to the College interests. 6.9
Redundancy
6.9.1 Consultation before Termination (a) Where the College decides that it no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to
termination of employment, the College shall consult the Employee directly affected and, if requested by the employee, their nominated representative. (b) The consultation shall take place as soon as it is practicable after the Employer has made such a decision, and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. (c) For the purpose of the consultation the College shall, as soon as practicable, provide in writing to the Employees concerned all relevant information about the proposed terminations including the reasons for the proposed terminations and the period over which the terminations are likely to be carried out. The College shall not be required to disclose information about other Employees unless those Employees request that it be provided, or confidential information, the disclosure of which would be adverse to the interests of the College. 6.9.2 Transfer to lower paid duties (a) Where an Employee is transferred to lower paid duties for reasons set out in 6.9.1(a) the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee’s employment had been terminated. (b) The College may, at the College's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the College would have been liable to pay and the new lower amount the College is liable to pay the Employee for the number of weeks of notice still owing. (c) The amounts must be worked out on the basis of: (i) the ordinary working hours to be worked by the Employee; and (ii) the amounts payable to the Employee for the hours including for example, allowances, loadings and penalties; and (iii) any other amounts payable under the Employee’s employment contract. 6.9.3 Time off During Notice Period (a) Where a decision has been made to terminate an Employee in the circumstances outlined in 6.9.1(a), the Employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment. (b) If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the College, be required to produce proof of attendance at an interview or the Employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 6.9.4 Severance Pay (a) In addition to the period of notice prescribed for ordinary termination, an Employee whose employment is terminated for reasons set out in 6.9.1(a), shall be entitled to the following amounts of severance pay:
Less than 1 year
Severance Pay (weeks’ pay) Nil
1 year but not more than 2 years
4
More than 2 years but not more than 3 years
6
More than 3 years but not more than 4 years
7
More than 4 years but not more than 5 years
8
More than 5 years but not more than 6 years
9
More than 6 years but not more than 7 years
10
Period of Continuous Service
More than 7 years but not more than 8 years
11
More than 8 years but not more than 9 years
12
More than 9 years but not more than 10 years
13
More than 10 years but not more than 11 years
14
More than 11 years but not more than 12 years
15
More than 12 years
16
(b) “Weeks’ Pay” means the ordinary time rate of pay for the Employee concerned. Excluded from the calculation of the ordinary time rate of pay; overtime penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and nay other ancillary payments. 6.9.5 Payment of Pro Rata Long Service Leave An employee whose employment is terminated for reasons set out in 6.9.1(a), shall receive payment of their accrued long service leave as at the date of the redundancy termination provided that the employee has completed at least 4 years service at the College. 6.9.6 Employee Leaving During Notice An Employee whose employment is terminated for reasons set out in 6.9.1(a), may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this Clause had such Employee remained with the College until the expiry of such notice, provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice. 6.9.7 Alternative Employment If the College, in a particular case, obtains acceptable alternative employment for an Employee, the Employee will not be entitled to severance payments. Where there is a dispute between the College and an employee or employees about the meaning of acceptable alternative employment, this shall be resolved in accordance with clause 2 of this Agreement. 6.9.8 Employees with Less than One Year’s Service Clause 6.9 shall not apply to Employees with less than one year’s continuous service and the general obligation on the College should be no more than to give relevant Employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the Employees of suitable alternative employment. 6.9.9 Employees Exempted Clause 6.9 shall not apply: (a) Where employment is terminated as a consequence of misconduct on the part of the Employee; or (b) To Employees engaged for a specific period or task(s); or (c) To Employees during their probationary period; or (d) To casual Employees. 6.9.10 Exemption where Transmission of Business (a) The provisions of Clause 6.9.4 are not applicable where a business or part of a business is before or after the date of this Agreement, transmitted from the College to another employer (transmittee), in any of the following circumstances: (i) Where the Employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the College, to be continuous service of the employee with the transmittee; or
(ii) Where the Employee rejects an offer of employment with the transmittee:
In which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the College; and Which recognises the period of continuous service which the employee had with the College to be continuous service of the employee with the transmittee. 6.10
Internal Staff Appointments
6.10.1 The Employer shall continue, where practical, to notify existing staff of vacancies in order to promote opportunities for career advancement in the College community. 6.10.2 To assist in the professional growth and reflection of staff, the Employer may, upon request, provide informal advice to unsuccessful applicants regarding their application and/or interview. PART 7 – WAGES 7.1
Wage Increases
7.1.1 This Agreement provides for wage increases to be implemented as follows: (a) An increase of 4.5% from 1 January 2010. (b) A further increase of 4% compounding from 1 January 2011. (c) A further increase of 4% compounding from 1 January 2012. 7.1.2 The above wage increases shall apply to those allowances listed in Schedule 1 of this Agreement. 7.1.3 For the wage and salary increases contained in 7.1.1, Employees shall receive the percentage increases or $34 per week (based on a full time wage), whichever is the greater. 7.1.4 The actual salary for each classification at each stage of the increases is quantified in Schedule 1 of this Agreement. 7.2
No Further Increases
7.2.1
There shall be no further increases during the life of this Agreement.
7.2.2
The Agreement constitutes a closed Agreement in settlement of all matters for its duration. Further, the Parties agree that there will be no further claims which would alter labour costs for the life of the Agreement, beyond those envisaged by this Agreement, as outlined in Clause 7.1.
7.3
Excellence in Classroom Teaching
7.3.1
The College seeks to provide excellent classroom teachers with an incentive to focus on teaching rather than increase their administration load. The positions in this clause provide this incentive.
7.3.2
Leading Teacher 7.3.2.1 Teachers classified between Band 1 Step 1 and Band 3 Step 2 may apply for the position of Leading Teacher from 1 January 2011. 7.3.2.2 Leading Teachers will receive an allowance of $2000 per annum. This allowance will be excluded from the increases to allowances in clause 7.1.2 of this Agreement. 7.3.2.3 The College will apply a maximum quota of 10 Leading Teacher or staff at any one time.
7.3.2.4 Appointment to Leading Teacher will be subject to a summative evaluation against the agreed criteria (as developed by the process in clause 7.3.2.5). This evaluation will be conducted by a panel of Senior Educators at the College and shall include one member nominated by employees. The panel shall then make a recommendation to the Headmaster regarding the application. 7.3.2.5 Criteria for appointment to Leading Teacher and the mechanism for application and evaluation will be developed by a working party no later than the end of term 4 2010. The Working Party shall comprise employer representatives and teacher representatives nominated by employees. Members of the Working Party shall be entitled to seek representation and advice from their respective industrial representatives on the model developed by the Working Party. 7.3.2.6 Leading Teachers shall be appointed for a period of two years. At the end of this period, the Teacher may reapply and will be subject to the same criteria and evaluation as a new appointment to the position, provided that the Teacher’s previous performance in the position may be considered as an additional criterion. 7.3.3
Senior Teacher 7.3.3.1 The Parties agree to the implementation of a salary scale, available to Teachers who have been classified as Band 3 Step 4 for 12 months and satisfy the agreed provisions of Schedule 2. 7.3.3.2 Such a provision shall be known as “Senior Teacher” as outlined Schedule 2 of this Agreement.
7.3.4
Expert Teachers 7.3.4.1 Teachers who have held the position of Senior Teacher for two years or more may apply for the position of Expert Teacher from 1 January 2011. 7.3.4.2 Expert Teachers will be paid at the rate prescribed by Schedule 1 and shall be subject to the percentage increases contained in clause 7.1.1 of this Agreement. 7.3.4.3 Appointment to Expert Teacher will be subject to an evaluation against the agreed criteria (as developed by the process in clause 7.3.2.5). This evaluation will be conducted by a panel of Senior Educators at the College and shall include one member nominated by employees. The panel shall then make a recommendation to the Headmaster regarding the application. 7.3.4.4 Criteria for appointment to Expert Teacher and the mechanism for application and evaluation will be developed by the Working Party (as detailed in clause 7.3.2.5 of this Agreement) no later than the end of Term 4 2010. 7.3.4.5 Senior Teachers who are unsuccessful in their application for appointment to Expert Teacher may remain in the Senior Teacher position subject to the requirements of that position. 7.3.4.6 Expert Teachers shall be appointed for a period of two years. At the end of this period, the Teacher may reapply and will be subject to the same criteria and evaluation as a new appointment to the position, provided that the Teacher’s previous performance in the position may be considered as an additional criterion.
7.4
Payment of Wages Payment of salaries for all employees shall be made fortnightly.
7.5
Superannuation The parties acknowledge that the AMP Master Trust Fund and the MLC Masterkey Business Super are the current superannuation funds used for employer superannuation contributions.
7.6
Salary Packaging into Superannuation Funds
7.6.1 Employees shall be permitted to elect to salary package into an approved superannuation fund, subject to compliance with the Fair Work Act 2009. 7.6.2 Where the College and the individual Employee agree, an additional contribution may be made into a complying superannuation fund within the range of funds offered by the College. This Agreement shall be subject to the following provisos: 7.6.3 The fund(s) comply with the provisions of the Superannuation Industry (Supervision) Act 1993; 7.6.4 The nominated fund is to be within the range of funds nominated by the College but in any event no fund shall be a personal fund; 7.6.5 The implementation of any such arrangements shall be at the discretion of the College; 7.6.6 The contribution shall be expressed as a dollar amount; 7.6.7 Such salary packaging arrangements shall be available to all Employees with the exception of casual Employees and those employed on fixed term contracts for one year or less; 7.6.8 Any arrangements as set out in the clause shall be at the Employee’s request; 7.6.9 The terms of the arrangement shall be committed to writing and signed by the College and the Employee; 7.6.10 A copy of the signed agreement shall be held by the College and a copy provided to the Employee; 7.6.11 This arrangement may only be altered once per annum; 7.6.12 The College shall apply a total employment cost (TEC) approach to make payments under the Salary Packaging Agreement. 7.6.13 The Employee’s TEC will be the sum of the base salary, leave loadings, locality allowances where they apply and superannuation contributions being met by the College. 7.6.14 The parties acknowledge that within the limits prescribed in this clause the implementation of any salary packaging arrangement shall be at the discretion of the College. 7.7
Superannuation Contributions The College shall make an employer superannuation contribution of 11% of an Employee’s ordinary time earnings on behalf of each eligible Employee into an approved fund.
7.8
Salary Packaging
7.8.1 The College and the Employees, either individually or of a particular category, may agree to salary packaging arrangements other than to an approved superannuation fund. Where such agreement is reached, the Employee’s salary shall be reduced by an amount equivalent to the salary packaged component which shall include any costs and taxes incurred by the College as a result of the packaging. 7.8.2 For the purpose of calculating employee benefits the following shall apply to:
(a) Vacation pay and Long Service Leave and other benefits not identified in subclause (a) will be based on the cash component. (b) Superannuation and Annual Leave Loading entitlements shall be based on the Employee’s wage prior to any salary packaging arrangement. 7.8.3 Such packaging arrangements shall only be available to continuing Employees. 7.8.4 Any arrangement as set out in this clause must be at the Employee’s request. 7.8.5 The arrangements will have no cost to the College. 7.8.6 The terms of the arrangement shall be committed to writing and signed by the College and Employee. 7.8.7 A copy of the signed arrangement must be held by the Employer and a copy provided to the Employee. 7.8.8 This arrangement may only be altered once per annum. 7.8.9 Any such arrangement may be terminated by either party at any time. PART 8 – LEAVE 8.1
Annual Leave
8.1.1 All non-teaching staff, excluding casuals, are entitled to 4 weeks annual leave for each year of service. 8.1.2 Teachers’ annual leave is incorporated into their entitlement to paid vacation leave during which the teaching part of the College “shuts down”. 8.1.3 Non-teaching Employees are expected to take their annual leave during school vacation periods unless otherwise agreed between the College and the employee, subject to operational requirements. Employees may be directed to take some annual leave in accordance with the Fair Work Act 1999. 8.1.4 Proportion of Salary - Teachers (a) A full time, part time or fixed term Teacher upon appointment shall be paid as from the date upon which the Teacher commenced duty, provided that a Teacher who has taught (or has been granted paid leave by the College other than paid maternity leave) for each day of the school year shall be paid as for a full calendar year commencing on 1 January. (b) A full time, part time or fixed term Teacher who ceases duty after at least 10 teaching weeks of employment but has not taught (or been granted paid leave by the College other than paid maternity leave) for each day of the school year shall be paid the proportion of the Teacher’s annual salary of that year that the Teacher’s service excluding school vacations bears to a standard school year. (c) A Teacher who ceases Duty before completing 10 teaching weeks of employment shall be paid in lieu of vacation pay an amount equal to 1/12th of their ordinary pay for the period of employment. 8.1.5 17.5% leave loading is payable on annual leave for all Employees. Annual leave loading for Teachers is calculated as follows: (a) A Teacher who has taught (or has been granted paid leave by the College other than paid maternity leave) for each day of the school year at the College shall receive an annual leave loading equivalent to 17.5% of 4 weeks’ salary calculated upon the salary which the Employee was receiving immediately before commencing the midsummer vacation. (b) A Teacher who commences employment after the beginning of the school year and: (i) has actually taught for at least 20 weeks; or (ii) has taught for at least a full school term and who teaches to the end of the school year Shall be paid the proportion of the annual leave loading prescribed in clause 8.1.5 (a) that the Teacher’s service (excluding school vacations or paid maternity leave) bears to a standard school year.
(c) A Teacher who resigns, having given the prescribed notice in writing, or whose services are terminated by the College for a reason other than misconduct and who has taught for at least the full first term shall be paid the proportion of the annual leave loading prescribed in clause 8.1.5(a) that the Teacher’s service (excluding school vacations or paid maternity leave) bears to a standard school year. Such loading shall be calculated upon the salary which the Employee was receiving immediately before cessation of employment. (d) The full amount of the annual leave loading payable shall be paid to the Teacher at the commencement of the midsummer vacation or prior date of cessation of employment. (e) A standard year shall be deemed for the purposes of this clause to be 40 weeks in the Secondary School and 42 weeks in the Primary School. (f) A Teacher who commences paid maternity leave during the school year shall be paid the proportion of annual leave loading that the Teacher's service excluding vacation periods bears to a standard school year. 8.2
Personal / Carer’s Leave
8.2.1 In accordance with the Fair Work Act 2009, all permanent Employees will be entitled to ten (10) paid personal leave days per year of continuous employment (pro-rata for part time and term time Employees). 8.2.2 Personal leave may be taken because of personal illness or injury (sick leave) or to provide care or support to a member of the Employee’s immediate family or household who is ill or injured, or is affected by an unexpected emergency (carer’s leave). 8.2.3 Personal / carer’s leave is cumulative. 8.2.4 Casual Employees are not entitled to paid personal leave. 8.2.5 Entitlement to paid personal leave is subject to the following: (a) Where the Employee’s absence is for two (2) consecutive days, the Employee may be required to provide a Medical Certificate or statutory declaration, as soon as reasonably practicable, specifying the period or approximate period during which the employee will be unable to work. Provision of this documentation is a mandatory requirement where the Employee’s absence is for more than two (2) consecutive days. (b) The Employee will as soon as reasonably practicable and wherever possible, before the time at which the employee should have commenced work, inform the College of the absence and the estimated duration of that absence. (c) Nothing in this clause shall be taken to limit the right of the Headmaster to request that a particular Employee present a Medical Certificate or statutory declaration for future periods of leave. Such a request shall be confirmed in writing prior to the Employee accessing the leave and shall nominate the specific leave arrangements that will be subject to the request. 8.3
Compassionate Leave
8.3.1 In accordance with the Fair Work Act 2009, an Employee is entitled to two (2) days of paid compassionate leave: (a)
For the purposes of spending time with a person who: (i) is a member of the Employee’s immediate family or a member of the Employee’s household; and (ii) has a personal illness or injury that poses a serious threat to his or her life; or
(b)
After the death of a member of the Employee’s immediate family or a member of the Employee’s household.
8.3.2 An Employee is entitled to two (2) days of compassionate leave on each occasion they are eligible under 8.3.1. 8.3.3 The two (2) days compassionate leave may be taken in a single, unbroken period or as two (2) separate one (1) day periods.
8.3.4 The Employee must give the College any evidence it reasonably requires of the illness, injury or death. 8.3.5 If the period of paid leave is insufficient, the Employee may apply for additional unpaid leave, which the College may grant at its discretion. 8.4
Parental Leave
The following Parental Leave provisions are to be read in conjunction with the Fair Work Act 2009. 8.4.1 Entitlement (a) Paid Maternity Leave (i) In addition to statutory entitlements, the College provides eligible Employees with an entitlement to paid maternity leave of 12 weeks. (ii) An employee may elect to take paid maternity leave at half pay for double the period of time subject to any taxation or other relevant statutory requirements. (iii) The employer funded 12 weeks paid maternity leave will be in addition to the Commonwealth Government’s implementation of a national paid parental leave scheme on 1 January 2011. (b) Paid Adoption Leave In additional to statutory entitlements to long adoption leave, the College provides eligible Employees with an entitlement to paid adoption leave in accordance with the entitlement to paid maternity leave provided in subclause 8.4.1(a)(i) above. (c) Unpaid Parental Leave An eligible Employee is entitled to a maximum total of 52 weeks parental leave provided that such leave does not extend beyond the child’s first birthday. (d) Paid Paternity Leave In addition to the unpaid paternity leave provisions prescribed by legislation, an employee, other than a casual, is entitled to a period of 3 days paid paternity leave. 8.4.2 Eligible Employee (a) Paid Maternity Leave To be eligible for paid maternity leave: A full time or part time Employee must have had at least twenty-four (24) months continuous service with the College immediately proceeding the date upon which the leave is taken and the Employee’s expected confinement confirmed by a doctor. (b) Paid Adoption Leave To be eligible for paid adoption leave: A full time or part time Employee must have had at least twenty-four (24) months of continuous service with the College immediately proceeding the date upon which the leave is taken and the child’s expected date of placement as confirmed by an adoption agency. To be eligible for paid adoption leave the Employee must be taking leave to be the child’s primary caregiver as defined in the Fair Work Act 2009. (c) Unpaid Parental Leave To be eligible for unpaid parental leave a full time or part time Employee must have had at least twelve (12) months continuous service with the College immediately preceding the date upon which the leave is taken and whose expected confinement is confirmed by a doctor.
8.4.3 Relationship with Other Leave (a) Paid Maternity Leave (i) Public Holidays The period of paid maternity leave is inclusive of any public holidays that may arise during the paid period. (ii) Teachers’ Vacation Leave The period of paid maternity leave is exclusive of vacation periods when the employee is not required for duty but is still paid. (iii) Accrued Leave for Non-Teachers The period of paid maternity leave is exclusive of any other accrued leave. (b) Unpaid Parental Leave (i) Annual Leave All Employees are entitled to access accrued Annual Leave during the period that would otherwise be unpaid parental leave. (ii) Long Service Leave All eligible Employees may access accrued Long Service Leave during the period that would otherwise be unpaid parental leave in accordance with the LSL provisions in this Agreement. (iii) Paid Sick Leave Paid sick leave is not available to an Employee on parental leave. (iv) Notification of Further Leave If the Employee returns to normal duties and then wishes to proceed on LSL and / or annual leave, three (3) months notice must be given after the date of return to work unless otherwise agreed by the Headmaster. All other requirements prescribed by this Agreement with respect to LSL and annual leave will apply. 8.4.4 Application Eligible Employees shall submit an application for paid or unpaid maternity / parental leave one full school term before the expected date of confinement. Supporting medical documentation is to be provided with the application. 8.4.5 Period for Which Maternity Leave Counts as Service (a) Periods of paid and unpaid maternity / parental leave do not break an Employee’s continuity of service. (b) Notwithstanding, such leave does not count as continuous service and entitlements to Annual Leave, Long Service Leave, Sick Leave and superannuation do not accrue while an Employee is on maternity / parental leave. 8.4.6 Salary Increments – Teachers All Teachers, while on unpaid parental leave do not qualify for their annual salary increment until they have completed the equivalent of 1000 hours of duty. 8.4.7 Employment
The intention of maternity / paternity / adoption leave is to enable an Employee to be absent to care for their child. An Employee wishing to engage in regular employment would be expected to resume normal duties at the College. Notwithstanding, the Headmaster and an Employee may agree, in writing, for the Employee to engage in particular employment during a period of their maternity / paternity / adoption leave. Any Employee who engages in any full or part time employment without the Headmaster’s approval will be in breach of their conditions of employment. 8.4.8 Professional Development and Workplace Information (a) The College may offer an Employee on parental leave (paid or unpaid) opportunities for Professional Development, so that the Employee can keep their skills current. (b) It is considered best practice to keep Employees on parental leave informed of changes/ updates occurring at work. Keeping the Employee informed can make the return to work transition easier. This is usually done through mailing information to the Employee, or inviting Employees to planning activities or significant briefings. (c)
Voluntary Participation (i) The Employee’s participation in such opportunities is voluntary. Similarly the provision of such opportunities is at the College’s discretion. (ii) While the provision of such opportunities is at the College’s discretion, such initiative conforms to the principles of employment under the Equal Opportunity for Women in the Workplace Act 1999. (iii) Participation in the Professional Development opportunities will not extend the period of parental leave (paid or unpaid), nor impact on the period that counts for service.
8.4.9 Resignation An Employee may resign whilst on maternity leave by providing the appropriate period of notice. 8.4.10 Paid Adoption Leave (a) An Employee who is the primary care giver of the child shall be entitled to paid and unpaid adoption leave in accordance with clause 8.4 of this Agreement from the expected placement date in accordance with the provisions of the maternity and parental leave policy. (b) The eligibility for paid adoption leave, and all provisions associated with such leave shall be those set out in this policy relating to paid maternity leave, except that the entitlement to leave is 6 weeks and leave may be taken by either partner provided they are the primary care giver. (c) Pre-placement time may be negotiated with the Headmaster and can be discounted from the period of paid adoption leave. (d) For the purposes of this Clause “primary care giver” means a person who assumes the principal role of providing care and attention to the child. 8.5
Long Service Leave
8.5.1 Teaching staff shall be entitled to Long Service Leave (LSL) at the rate of 1.3 weeks for each year of service. 8.5.2 All Non-Teaching Employees shall accrue LSL at the rate of 1.3 weeks for each year of service from 1 January 2000. 8.5.3 All Employees who have seven (7) years of continuous service may access their entitlement to LSL. 8.5.4 Non-Teaching Employees who have seven (7) years of continuous service may access that entitlement to LSL which has been accumulated on the basis of 0.86 weeks per completed year of recognised service, provided that from 1 January 2000, this entitlement will be calculated as per 8.5.2 above. 8.5.5 Where an Employee has accrued an initial entitlement to LSL by virtue of seven (7) years continuous service, that employee shall be entitled to access a second or subsequent entitlement after a further seven (7) years
continuous service. Such entitlement shall be calculated on the rate of accrual applicable at the time LSL is due. 8.5.6 Employees shall be required to take their LSL as soon as practicable when it becomes an entitlement. It remains the College’s prerogative to direct an Employee to access their LSL entitlement in accordance with the Industrial Relations Act 1999. 8.5.7 Employees are expected to take LSL in full term blocks. Where the Employee does not have sufficient leave to account for a full term block, the Employee may apply for either paid or unpaid leave to ensure that the period of absence covers the term block. In special circumstances, the Employer may allow an Employee to take LSL for a mutually agreed period of time. 8.5.8 Employees may apply to double the length of long service leave and take this at half pay subject to agreement with the Headmaster having regard to the operational needs of the College and subject to any taxation or other relevant statutory requirements. 8.5.9 The College will consider an Employee’s request to extend this LSL by another school term as leave without pay. 8.6
Cashing Out of Long Service Leave
8.6.1 The Parties agree that long service leave is designed to ensure that long term Employees receive a break from service and as such the preference is for Employees to access accrued long service as appropriate. 8.6.2 The Parties accept that under certain circumstances it may be preferable for an Employee to request payment of all or part of the long service leave accrual when it falls due without accessing 'absence on leave' from the College. 8.6.3 Any application by an Employee to have part or all of their accrued long service leave paid out would be subject to the following conditions: (a) the College agrees to make the payment and the arrangement is committed to writing and signed by both the applicant and the School; (b) superannuation at the rate the Employee would have received if they had taken the leave would be paid to the approved College superannuation fund; (c) subject to any requirements at law, the Employee will have the right to determine to receive the payment in cash or to salary sacrifice all or part of the amount of the cashing out to superannuation; and (d) the Employee completing the relevant form acknowledging the loss of entitlements which the Employee would have otherwise received but for the cashing out of long service leave. 8.6.4 For the purposes of clarity, an agreement to cash out long service leave can only be initiated by the Employee and is subject to College approval. 8.7
Pro Rate Entitlement to Long Service Leave Upon resignation, death, retrenchment or total and permanent incapacity, a pro rata payment of Long Service Leave shall be made to the Employee where the Employee has served more than seven (7) years of recognized service, at the appropriate accrual rate for the staff member concerned.
8.8
Public Holidays
8.8.1 An Employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the Employee would ordinarily have been required to perform work on that day. 8.8.2 All work done by any Employee on: (a) 1 January; (b) 26 January; (c) Good Friday; (d) Easter Saturday (the day after Good Friday); (e) Easter Monday; (f) 25 April (Anzac Day); (g) Labour Day; (h) The gazetted holiday for the Birthday of the Sovereign; (i) Annual show gazetted for the geographical area in which the College is located; (j) Christmas Day; (k) Boxing Day; or (l) any day appointed under the Holidays Act 1983, to be kept in place of any such holiday will be paid for at the rate of double time and a half with a minimum of 4 hours. 8.8.3 Employees who do not Work Monday to Friday of Each Week Employees who do not ordinarily work Monday to Friday of each week are entitled to public holidays as follows: (a) A full time Employee is entitled to either payment for each public holiday or a substituted day’s leave. (b) A part time Employee is entitled to either payment for each public holiday or a substituted day’s leave provided that the part time Employee would have been ordinarily rostered to work on that day had it not been a public holiday. (c) Where a public holiday would have fallen on a Saturday or a Sunday but is substituted for another day all employees who would ordinarily have worked on such Saturday or Sunday but who are not rostered to work on such day are entitled to payment for the public holiday or a substituted day’s leave. (d) Where Christmas Day falls on a Saturday or a Sunday and the public holiday is observed on another day an employee required to work on Christmas Day (ie. 25 December) is to be paid at the rate of double time. (e) Nothing in Clause 8.7 confers a right to any Employee to payment for a public holiday as well as a substituted day in lieu. 8.8.4 Substitution (a) Where there is agreement between the College and the majority of Employees concerned, a public holiday may be substituted for another day. If such other day is worked, then payment for that day will be at the rate of double time and a half at the employees’ ordinary time rate of pay. (b) All time worked on any of the holidays prescribed in Clause 8.7 outside the ordinary starting and ceasing times of work for the day of the week on which such holiday falls shall be paid for at double the prescribed
rate of overtime for such time when worked outside the ordinary starting and ceasing times on an ordinary working day. 8.9
Jury Service
8.9.1 An Employee, other than a casual Employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the College an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the Employee would have been paid if the Employee was not absent on jury service. 8.9.2 Alternatively, by agreement, fees (other than meal allowance) received by the Employee to attend jury service will be paid to the College and the College will continue to pay the Employee their ordinary pay for the time the Employee was absent on jury service. 8.9.3 Employees shall notify the College as soon as practicable of the date upon which they are required to attend for jury service and shall provide the College with proof of such attendance, the duration of such attendance and the amount received in respect thereof. 8.9.4 If the Employee is not required to serve on a jury for a day or part of a day after attending for jury service and the Employee would ordinarily be working for all or part of the remaining day, the Employee must, if practicable, present for work at the earliest reasonable opportunity. 8.9.5 "Ordinary pay" means the rate of pay that an Employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-agreement payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature. PART 9 – EFFICIENCY AND EFFECTIVENESS INITIATIVES 9.1
Position Descriptions
9.1.1 An Employee is entitled to request that the College develop a position description for their position where one does not currently exist. The development of such position descriptions shall be through a process of consultation with Employees at the time of their appointment to these positions and reviewed from time to time to ensure currency: (a) Clarification of current positions supported by duty statements where appropriate; and (b) Consultation arrangements regarding future role changes. 9.2
Appraisal Process / Professional Learning Scheme
9.2.1 The Parties acknowledge the existence of a formative appraisal mechanism and Professional Learning Scheme. 9.2.2 The formative appraisal mechanism includes the following elements: (a) It should be linked with the College’s goals and objectives; (b) It is developmental and focuses on improvement and development rather than supervision of individuals; (c) It should be directly linked to a clearly articulated statement of agreed expectations of the staff member(s) in the College; (d) It provides for a variety of information collection processes and sources; (e) It needs to be flexible to allow for changes and modifications within the stated framework; and (f) It makes provisions for the allocation of adequate resources to operate the process.
9.2.3 Staff will participate in the Appraisal Process and Professional Learning Scheme. 9.2.4 The College and Employees concerned accept a joint responsibility for the negotiation of a program of relevant professional learning linked to the appraisal outcomes. 9.3
Class Sizes
9.3.1 The College and Employees agree that the optimum class size should not exceed 30 in years 3 through 12. 9.3.2 Whenever practicable, Preschool should have a maximum of 27 students, Year 1 a maximum of 28 students and Year 2 a maximum of 29 students. 9.3.3 The College agrees to examine the feasibility of providing additional aide time where class sizes exceed the above limits. 9.3.4 The Employees acknowledge that with increased subject offerings and complexities of timetabling, the College limits will not be achieved in all cases. 9.4
Efficient and Economical Use of Resources
9.4.1 The Parties agree to implement improved practices including cost budgeting over the life of the Agreement to reduce College operating costs as a proportion of overall costs. 9.4.2 Specific attention will include, but will not be limited to the following areas: (a) Telephone costs; (b) Photocopying costs; (c) Maintenance costs; (d) Cleaning costs; (e) Energy costs; (f) Payroll costs; and (g) Rework. 9.5
College Policies
9.5.1 Employees must be familiar with and adhere to the following policies: (a) Anti-Discrimination; (b) Sexual Harassment; (c) Equal Employment Opportunity; (d) Child Protection; (e) Use of Electronic Communication Devices; and (f) Other policies contained in the College’s Policies and Guidelines manual. 9.5.2 The College and Employees further agree that the following policies will be developed in consultation with employees: (a) Bullying and Harassment Policy; (b) Complaints Against Employees; and (c) Unsatisfactory Work Performance.
9.5.3 The College and Employees agree that the above policies will be periodically reviewed by the College Board of Directors. 9.6
Workplace Health and Safety The Parties agree that the aims of efficiency and effectiveness can be achieved by implementing strategies to achieve healthier and safer jobs. A continuing review of workplace health and safety procedures will be undertaken by the Workplace Health and Safety Representative and if necessary further guidelines developed, including the provision of training to reduce the incidence and cost of occupational injury and illness.
9.7
School Officers’ Classification Review The College will review each School Officer classification to ensure that the position is correctly classified and the correct incremental step is applied to the individual School Officer.
9.8
Positions of Added Responsibility
9.8.1 The Parties agree to review the arrangements for Positions of Added Responsibility (PAR) during the life of this Agreement. 9.8.2 The review shall consider issues relating to the structure and operation of PAR roles including the allocation of release time, levels of remuneration and the work responsibilities of PAR positions. 9.8.3 This PAR review shall be undertaken by a Working Party consisting of the following representatives. (a) One PAR drawn and nominated by staff from each of the following areas (at least one of these nominees shall be from P – 6):
Heads of Year Heads of Faculty Heads of Programme
(b) Three persons nominated by the College. (c) The Headmaster. 9.8.4 The Working Party shall be established by 1 July 2010. 9.9
Student Medications Protocol
9.9.1
The College has developed a student medications protocol to be implemented by the relevant Employees in accordance with Schedule 4 of this Agreement.
9.10
After School Childcare For Employees With After Hours Duties
9.10.1 The College agrees to provide free access to the Saint Stephen’s College after School Care for Employees who are involved in programmed extra-curricular activities, as published in the College’s extra-curricular handbook, between the hours of 3:00 pm and 6:00pm, Monday to Friday during Term time. Access is only available for students enrolled at the College between the ages of 5 and 13. 9.10.2 Applications should be submitted during the final week of each term, for the following term. In the case of Term one, applications should be submitted prior to the commencement of students returning to the College. Applications received during this period will be considered in the first instance. However, special application can be made for unforeseen or unexpected commitment to extra-curricular activity during the term. Applications made during this period will be considered in the second instance. Application can be made to the Commercial Manager. 9.10.3 An Employee will be required to provide three (3) days notice of a cancellation of an after school care booking made in accordance with clause 9.10.2. 9.10.4 Notwithstanding the above, a cancellation due to illness or other exceptional circumstance will not be subjected to the notice requirement contained in clause 9.10.3.
9.10.5 If an Employee makes a booking in accordance with clause 9.10.2 and the Employee fails to provide cancellation notice in accordance with clause 9.10.3 or the child does not attend the facility for reasons other than unforeseen circumstances, the Employee shall not be eligible to access this provision for a period of five (5) weeks in the first instance and permanently thereafter. 9.10.6 The minimum period of time to be allocated for a booking of the facility shall be thirty (30) minutes per occasion. 9.10.7 Up to seven (7) places per day shall be available in the after school care facility for employees wishing to access this provision. 9.11
Childcare Facilities for College Staff
9.11.1 In accordance with the College’s commitment to support Employees with family responsibilities, access to the Saint Stephen's College Child Care Centre shall be supported and promoted by the Employer. 9.11.2 Employees seeking to enrol their children in the Child Care Centre shall be given priority enrolment status, subject to any enrolment policies that apply. Such priority shall operate consistent with the normal licensing requirements and will be subject to available places and timely application. 9.12
Employee Professional Development and Study
9.12.1 The Parties acknowledge the importance of ongoing professional development and training. 9.12.2 In addition to the regular College program of professional development, an Employee may make application for unpaid study leave and/or employer sponsored formal study. Such arrangements shall only apply to employer approved study relevant to the employee’s position. Study leave may be taken, by mutual agreement between the employee and employer, in order to attend lectures, study or sit for examinations. 9.12.3 The approval of such professional development assistance shall be at the sole discretion of the Headmaster. 9.13
Support for New Graduate Teachers
9.13.1 The College is committed to the appropriate induction and support for new graduate teachers to assist them with the continuing development of their knowledge, skills and attitudes. 9.13.2 The following support may be provided to graduate teachers in the first year of employment: (a) an initial induction and orientation of the College workplace; (b) a formal induction, including appropriate professional development support should any weaknesses become apparent or are otherwise identified by the new graduate; (d) allocation of an experienced teacher mentor where such an individual is prepared to volunteer their time or to perform this function as part of their responsibilities; (e) access to support and advice including teaching resources, program and lesson preparation. (e) where possible, a reduced teaching load (i.e. additional release time) to enable the graduate teacher to undertake activities such as joint planning, mentoring meetings and professional development. (f) assistance with Queensland College of Teachers requirements. 9.13.3 The support offered to new graduates will normally be discussed and outlined as part of the initial College induction and orientation program.
SIGNATORIES Signed for and on behalf of Saint Stephen’s College Ltd ABN 31 071 134 024
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Print Name: ________________________________ Position:
________________________________
Address:
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In the presence of: __________________________ Print Name:
__________________________
Signed for the Independent Education Union of Australia – Queensland and Northern Territory Branch ABN 74 662 601 045
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Print Name: ________________________________ Position:
________________________________
Address:
________________________________ ________________________________
In the presence of: __________________________ Print Name:
__________________________
Signed for the Australian Nursing Federation, Queensland Branch ABN 84 382 908 052 Print Name: ________________________________ Position:
________________________________
Address:
________________________________ ________________________________
In the presence of: __________________________ Print Name:
__________________________
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