Part 2 Communication, Consultation & Dispute Resolution
11. College Consultation
11.1. The parties acknowledge the need for satisfactory consultative procedures within Colleges. Lecturer participation and consultation at the Colleges is necessary and to be encouraged on matters such as, but not limited to, selection and packaging of qualifications, and timetabling. The form of participation and consultation may vary depending on the circumstances of the College.
11.2. Lecturers will be involved in broadly based representative consultative committees with structure and functions determined by the Managing Director and the Union.
11.3. Wherever possible consultative committee meetings should be scheduled at times which suit all participants and notice of meetings given well in advance.
11.4. When scheduling consultative committee meetings account should be taken of equity considerations, personal and family commitments, professional and personal development commitments, work health and safety issues, educational quality issues and flexible hours arrangements.
11.5. The parties to this Agreement acknowledge that the decision making continues to rest with the Managing Director, who is accountable to Government through legislation for the effective and efficient operation of College business.
11.6. Joint Consultative Committee
a) The parties confirm the ongoing commitment to the functions of a Joint Consultative Committee (JCC) process.
b) Each College will have a JCC comprising of the Employer or their nominee, Employer nominated representatives and Union nominated representatives.
c) The JCC will convene within 28 days of a written request being received from either party.
d) The JCC will determine its own terms of reference and operating procedures.
e) JCCs will be a forum for consultation on issues such as:
• Workload management
• Industrial issues
• Fixed term and casual employment
• Changes to work organisation and/or work practices occurring in the workplace
• College implementation of recommendations from Government decisions, policies and initiatives, and
• Agency implementation of other aspects of this Agreement.
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f) The parties agree that:
i) for the purpose of this clause ‘change’ means situations where the Employer proposes to make change(s) likely to affect existing practices, working conditions or employment prospects of Employees;
ii) where the Employer proposes to make changes, the Union and Employees affected shall be notified and consultation shall commence by the Employer as early as possible;
iii) consultation involves information sharing and opportunity for discussions between the parties on matters relevant to a proposed change conducted in a manner that enables the Union and Employees to contribute to the decision making process;
iv) for the purposes of discussion the Employer shall provide to the Employees concerned relevant information about the changes, including the effect of the changes on Employees, provided the Employer shall not be required to disclose any information that is confidential;
v) in the context of discussions the Union and Employees are able to contribute to the decision making process;
vi) the JCC parties are to provide all reasonable and relevant information except confidential commercial, business or personal information, the release of which may seriously harm a party or individual;
vii) the consultation process will be open and transparent, and the following principles will apply:
(aa) Employers will ensure appropriate mechanisms and communication channels are in place to facilitate consultation;
(bb) information provided will be clear and with sufficient background information available so that issues are understood;
(cc) Employers will assess the impacts of change broadly;
(dd) throughout the consultation process, the Employer will provide adequate time, resources and support for information to be considered by affected Employees and the union and for consultation to occur; and
(ee) once a change is implemented, the Employer will evaluate and review the change and inform the JCC of the review outcomes.
g) In relation to workload management the Employers are committed to:
i) Providing a safe and healthy work environment and will not require Employees to undertake an unreasonable workload in the ordinary discharge of their duties.
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ii) Ensuring workload allocation is fair, manageable and without risk to health and safety.
iii) Taking reasonable steps to ensure that Employees do not work excessive or unreasonable hours.
h) Matters not resolved through the JCC can be referred to the provisions of Clause 12 - Dispute and Grievance Resolution Procedure.
12. Dispute and Grievance Resolution Procedure
12.1. In the event of a dispute or formal grievance arising in the workplace, affecting at least one lecturer at that workplace and capable of being resolved by action at that workplace, the procedure to be followed to resolve the matter will be as follows:
a) The lecturer/s and their manager will discuss, consult and attempt to find a satisfactory solution within five (5) working days. If unresolved the lecturer may involve a Union officer/delegate in further discussions with the manager.
b) If the dispute cannot be resolved at that level, the dispute may be referred, in writing, by the lecturer/s or Union representative to the Managing Director or his/ her nominee and to the President of the Union and his/her nominee.
c) When the dispute cannot be resolved within ten (10) working days of being referred to the Managing Director or his/her nominee and to the President of the Union and his/her nominee, the dispute may be referred to the Commission for determination.
12.2. At all stages of this procedure, the employee may be accompanied by a Union representative.
12.3. The period for resolving a dispute may be extended by agreement between the parties.
12.4. While the parties attempt to resolve the matter duties will continue as normal or, if appropriate, other available duties will be performed. Other available duties may be onsite or elsewhere.
12.5. Nothing in this clause constitutes a referral agreement within the meaning of section 12 of the Employment Dispute Resolution Act 2008.
13. Interpretation of Agreement
13.1. Where there is a dispute or potential dispute about the true interpretation of this Agreement, in the first instance, it shall be dealt with jointly by the Director General of the Department, or their nominee, and the President of the Union, or his/her nominee.
13.2. If a dispute or potential dispute about the true interpretation of this Agreement is not resolved under clause 13.1, it shall be dealt with jointly by the Managing Directors through STERC, or their nominee, and the President of the Union, or his/her nominee.
13.3. If agreement is not reached in settling a dispute about the interpretation of this Agreement, the matter may be referred to the Commission for determination.
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14. Notification of Change
14.1. Where the employer has made a definite decision to introduce major changes that are likely to have significant effects on employees’ conditions of employment or employment, the employer shall notify the employees who may be affected by the proposed changes and the Union.
14.2. For the purposes of this clause, “significant effects” include termination of employment; major changes in the composition, operation or size of the employer’s work force or in the skills required; elimination or diminution of the job opportunities, promotion opportunities or job tenure; the need for retraining or transfer of employees to other work or locations and restructuring of jobs.
14.3. The employer shall discuss with the employees affected and the Union respectively, the introduction of the changes referred to in sub-clauses 14.1 and 14.2 of this clause, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.
14.4. The discussion shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in sub-clauses 14.1 and 14.2 of this clause, unless by prior arrangement the Union is represented on the body formulating recommendations for change to be considered by the employer.
14.5. For the purposes of such discussion an employer shall provide to the employees concerned and the Union 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 the employees; provided that the employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interest.
15. System Consultation and Change Management
15.1. The parties agree to maintain the SSTUWA/TAFE Employee Relations Committee (STERC) on terms agreed by the parties
15.2. The parties agree to use the STERC to progress system-wide issues. Any policies and protocols will be consistent with the legislative framework. Issues may include but are not limited to the following:
a) Qualifications and their equivalence to the Lecturers Qualification Framework
b) Performance Management
c) Fixed Term Contracts and permanent appointment
d) Above grade commencement salaries
e) Redeployment across Colleges
f) Workload reduction
g) Monitoring averaging arrangements
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h) Professional Development
i) Casual employment arrangements
j) Job Share Arrangements
k) Class Sizes, with respect to the agreed Memorandum of Understanding
l) Issues associated with the Ageing Workforce
m) Discipline and Substandard performance
n) Flexitime hours for lecturers working on a Flexible Hours Arrangement
o) Determination of travelling times
p) Averaging arrangements
15.3. The parties acknowledge there are currently STERC policies and protocols named as follows:
a) Above Base Grade (first agreed 2010)
b) Accrued Professional Development Time (first agreed 2010)
c) Advanced Skills Lecturer Progression (first agreed 2010)
d) Approved Qualifications for Progression (first agreed 2010)
e) Career Development and Performance Enhancement System (first agreed 2009)
f) Class Sizes (first agreed 2005) (to be reviewed by the parties during the life of this Agreement)
g) Data Entry (first agreed 2006)
h) Fixed Term Contract (first agreed 2009)
i) Casual to Fixed Term Contract
j) Union Branch Representative Time Allocation Policy
k) Ratios of fixed term contract and casual to permanent employees.
This also includes developing strategies for achieving a combined rate that will not exceed 25% of a College’s full time equivalent (FTE) positions and, as part of the monitoring process, the provision of monthly figures to the Union of the respective levels of fixed term contract and casual employees for each College.
15.4. The amendment of existing policies and protocols listed at sub-clause 15.3 of this clause or the development of new policies and protocols will be as required and in accordance with the agreed STERC processes.
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15.5. The parties are committed to the continuation of the enhanced consultation initiative.
15.6. The enhanced consultation initiative will:
a) Establish a working party to review averaging arrangements to identify and assist with resolving systematic issues within three months of registration of the Agreement.
b) Following the establishment of the working party, the working party will have a further three months to report back to STERC on identified issues.
15.7. During the life of this Agreement, a STERC working party will, having regard to the nominal hours for delivery, continue to review the allocation of teaching hours to deliver student curriculum hours across the TAFE sector.
16. Workload Management Workload Management
16.1. The Managing Director is committed to providing a safe and healthy work environment and will not require lecturers to undertake an unreasonable workload in the ordinary discharge of their duties.
16.2. The Managing Director will ensure workload allocation is fair, manageable and without risk to health and safety.
16.3. The Managing Director will take reasonable steps to ensure that lecturers do not work excessive or unreasonable hours.
16.4. A lecturer or group of lecturers who believe they have an excessive or unreasonable workload should raise the issue with their manager in the first instance. Management will consider the workload issues raised, and where necessary, implement strategies to ensure reasonable workloads are maintained.
16.5. Any request for a review is to be made to the manager in writing in the first instance with a view to resolving the matter at the local level.
16.6. If the matter is not able to be resolved by the manager and lecturer/group of lecturers within five (5) days, the matter will be referred to the Workload Dispute Panel (WDP) for resolution.
16.7. The matter may be raised by either party with the Director Human Resources to establish the WDP.
16.8. The WDP will examine the workload issues in dispute and make recommendations to the Managing Director.
16.9. The WDP is to be formed within one week of receipt of request and will consist of:
a) The Director Human Resources, however so named at the College;
b) A nominee of the Employee(s), which may include a Union representative, who is not, and cannot be seen to be, a party to the dispute.
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16.10. In considering a dispute the WDP will consider the following workload allocation factors:
a) lecturer health and wellbeing
b) application of agreed Timetabling Principles;
c) class sizes and allocations of students in alternative modes of delivery
d) student curriculum hours allocations
e) the experience of the lecturer and delivery and developmental needs;
f) the number, level and timing of units in which the lecturer delivers and their preparation and marking requirements;
g) the nature of student cohorts;
h) other allocated roles, responsibilities and projects
i) the lecturer’s personal circumstances
j) the need for flexibility, equity, consistency, and balance across a college;
k) the requirements of the workplace, team or client.
16.11. The WDP may involve the relevant manager and employee(s), where appropriate, to assist with development of practical solutions to the workload issues raised. This may include interim solutions whilst a final decision is being made.
16.12. The WDP is to provide recommendations to the Managing Director no later than two weeks from establishment of the WDP. The Managing Director is to consider the recommendations and is to make a final decision no later than one week of receipt of the recommendations.
16.13. If the dispute is not settled through the above process, the matter should be escalated in accordance with Clause 12 – Dispute and Grievance Resolution Procedure.
Part 3 Employer and Employees’ Duties, Employment Relationship and Related Arrangements
17. Modes of Employment
17.1. Permanent is the preferred mode of employment of the parties to this Agreement.
17.2. The Government recognises that fixed term contract and casual employment are required to allow flexibility in appropriate circumstances for both employers and employees. The employer will work towards minimising the use of these modes of employment so far as practicable, including complying with Clause 19 – Fixed Term Contract and Clause 20 – Casual.
17.3. Employees covered by this Agreement will be employed in the mode of either permanent, fixed term contract or casual employment. The employer will inform each employee of the terms and conditions of their employment prior to commencement.
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18. Permanent
18.1. A permanent lecturer is a lecturer employed in a position with the employer on an ongoing basis for an indefinite period.
18.2. Prior to being appointed on a permanent basis, a lecturer will normally be employed on probation for three (3) months. Prior to the expiry of the period of probation, the employer may extend the period of probation by up to a further three (3) months.
18.3. An employee who is appointed from the Public Sector of Western Australia, and who has had at least six (6) months of continuous satisfactory service immediately prior to permanent appointment will not be required to serve a period of probation.
18.4. Probationary employees who are terminated prior to the expiration of their probationary period are not entitled to the provisions of the Public Sector Management (Redeployment and Redundancy) Regulations 2014.
18.5. At any time during the period of probation the employer may terminate the services of the employee by giving of one week’s notice or payment in lieu thereof.
18.6. A permanent lecturer may be employed full time (37.5 hours per week) or part time (less than 37.5 hours per week).
19. Fixed Term Contract
19.1. This clause shall be read in conjunction with the STERC Fixed Term Contract Policy.
19.2. ‘Fixed term contract employee’ means an employee who is employed to carry out work of a finite duration. A fixed term contract employee may only be engaged for a reason specified below:
a) covering one-off periods of relief;
b) work on project/s or programs with a finite life, where funding is not guaranteed past a certain date;
c) work subject to demand driven fluctuations;
d) work is seasonal in nature;
e) specific tasks or projects which shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe; or
f) roles where the skills and abilities required to perform a function are expected to vary over time.
19.3. An employee engaged on a fixed term contract will be notified in writing prior to the commencement of employment of the details of the work, the reason for the contract being for a fixed term, as per subclause 19.2, together with the conditions of employment, and the starting and finishing dates of the contract.
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19.4. Fixed term contracts entered into for the reason at subclause 19.2(c) require the employer to prepare a business case to justify the use of fixed term contract. For the fixed term contract reason at 19.2(c) a business case will:
a) Identify the sustainable level of permanency for a determined period; and
b) Document relevant issues which impact on demand for training, including Government training priorities and funding arrangements;
c) Be reviewed as required, at least on an annual basis.
19.5. Fixed term contracts entered into under subclause 19.2(f) require the employer to prepare a business case to justify the use of each fixed term contract. The business case will document the specific skills and abilities and how the skills and abilities are expected to vary over the length of the contracted period.
19.6. Should the Union dispute the reason for a fixed term contract , or a business case, a local level panel consisting of one representative from the Union and one representative from the College will assess the fixed term contract reason or business case in dispute. The panel:
i) should seek information from the relevant staff, including the lecturer/s concerned; and
ii) may accept the business case, or adjust the level of sustainable permanent staff.
19.7. Where a business case is disputed following local panel review, Clause 12 – Dispute and Grievance Resolution Procedure of the Agreement will apply.
19.8. Where a college enters into a fixed term contract under subclause 19.2(c) and 19.2(f), the College will:
a) Advise the fixed term contract lecturer three months prior to the expiration of the fixed term contract that the position will be reviewed before a decision is made as to whether:
i) the contract will expire; or
ii) a further fixed term contract is offered; or
iii) the lecturer is appointed permanently; and
b) Advise the lecturer of the decision at 19.8(a):
i) At least one month before the expiration of the contract; or
ii) At least one week before the expiration of a contract that is less than three months in duration.
19.9. a) Any lecturer employed for the reasons stated in 19.2(a) to 19.2(f) may be considered for a permanent appointment, if they were appointed through a
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merit selection process and the job was advertised as having the possibility of permanent appointment.
b) The date within which a permanent appointment under 19.9(a) can be made is not limited to a specific time from the date of the initial fixed term contract.
c) A lecturer engaged through a merit selection process where the job was advertised with the possibility of further fixed term appointment, including a pool recruitment process, will not be required to reapply for the same fixed term contract position.
d) A fixed term contract position under 19.2(c) may only be readvertised and filled with another applicant, if the original fixed term contract appointee declines an offer of a further fixed term contract.
19.10. The employer will provide the union with:
i) the names and work locations of all Employees on fixed term contracts; and/or
ii) business cases relevant to subclause 19.2(c); and
iii) reasons for fixed term contracts not contained within 19.2(c), within 28 days of a request being made in writing.
19.11. A fixed term contract lecturer will be employed on probation for three (3) months, or a lesser period for contracts of duration of less than six (6) months. Prior to the expiry of the period of probation, the employer may extend the period of probation by up to a further three (3) months, as per the provisions of Clause 18 – Permanent of this Agreement.
19.12. Any break between fixed term contracts of up to six months will not break continuity of service for the purposes of personal leave and long service leave, but will not count towards accruing personal leave and long service leave entitlements.
19.13. Over the life of the Agreement, the parties will develop a conversion to permanency clause based on the approved Government template adapted to the TAFE context.
20. Casual
20.1. Casual lecturers are employed by the hour and are entitled solely to the casual hourly rate of pay specified in Schedule I for each hour of lecturing, or Professional Activities, worked. Casual lecturers are not entitled to leave and other provisions that apply to permanent and fixed term contract lecturers under this Agreement; except for the relevant provisions in Clause 47 - Bereavement Leave; Clause 74 - District Allowance; Clause 55– Long Service Leave; Clause 56 - Maternity Leave; Clause 57 - Adoption Leave; Clause 58- Other Parent Leave; Clause 59 - Partner Leave; Clause 60 – Unpaid Grandparental Leave; and Clause 52 - Family and Domestic Violence Leave of this Agreement.
20.2. Appendix A contains a list of duties which may be performed for the non-delivery Level 4 casual rate.
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20.3. Casuals performing the assessment of Recognition of Prior Learning will be paid at either Level 2 or 3 of the casual salary scale in Schedule I of this Agreement.
20.4. Casual service immediately prior to conversion to either fixed-term contract or permanent employment will reduce the amount of required probationary period by the Full Time Equivalent (FTE) time completed by the employee.
20.5. The Employer will provide the Union with the names and work locations of all casual Employees within 28 days of a request being made in writing.
20.6. Over the life of the Agreement, the parties will develop a conversion to permanency clause based on the approved Government template adapted to the TAFE context.
20.7. Colleges will offer the option of a fixed term contract, of up to six months, to a casual lecturer whose employment is expected to exceed six weeks, consistent with the new STERC policy to be developed during the life of this Agreement.
Casual Long Service Leave
20.8. On and from the date of registration in 2022, continuous service which does not amount to an accrued entitlement in accordance with section 8(2)(a) and (b) of the Long Service Leave Act 1958 will be transitioned to this Agreement and will be treated as years of continuous service in accordance with clause 55 – Long Service Leave.
Caring Responsibilities
20.9. a) Subject to the evidentiary and notice requirements in Clause 51 – Personal Leave of this Agreement, a casual employee is entitled to not be available to attend work or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
b) The Employer and the casual Employee shall agree on the period for which the casual Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual Employee is not entitled to any payment for the period of non-attendance.
c) An Employer must not fail to re-engage a casual Employee because the casual Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not engage a casual Employee are otherwise not affected.
21. Part-Time
21.1. Part-time permanent and fixed term contract lecturers will be entitled to the appropriate full time salary, leave and conditions prescribed in this Agreement in the same proportion that the hours they work bear to full-time. Should the hours of work have varied during any leave accrual periods, payments will be averaged.
21.2. The employer shall specify in writing before a part-time employee commences duty the prescribed weekly hours of duty for the employee.
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21.3. The employer shall give an employee reasonable notice of any proposed variation to an employee’s ordinary working hours provided that the employer shall not vary the employee’s total weekly hours of duty without the employee’s prior written consent. Equity considerations such as family responsibilities and flexible hours arrangements shall be considered in the decision making process.
21.4. Where a part-time permanent or fixed term contract lecturer agrees to lecture beyond their regular part-time hours, the increased hours will be ordinary hours up to the maximum lecturing hours prescribed for a full time lecturer and the fraction will alter accordingly. Activities Relating to Delivery (ARD) and Professional Activities (PA) time will be allocated in accordance with Schedule L – Hours Chart of this Agreement.
21.5. Employees are entitled to the holidays prescribed in Clause 70 – Public Holidays of this Agreement without variation to the employee’s fortnightly salary provided that the holidays occur on a day which is normally worked.
21.6. An employee may request the employer to permit the employee to work a lower fraction in their current position or in a position equivalent in pay, conditions and status to their current position and commensurate with the employee’s skills and abilities.
21.7. An employee may seek to work on a lower fraction that involves the employee working on different days or at different times or both; or on fewer days or for fewer hours or both, than the employee currently works.
21.8. An employer:
a) must give reasonable consideration to an employee’s request to work a lower fraction, particularly where the request relates to an employee’s caring responsibilities or phasing into retirement;
b) may only refuse an employee’s request to work a reduced fraction if there are grounds to refuse relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person; and
c) has the onus for demonstrating that there are grounds to refuse the employee’s request that would satisfy a reasonable person.
21.9. An employer is to give the employee written notice of the employer’s decision on a request to work a lower fraction. If the request is refused, the notice must set out the reasons for the refusal.
21.10. Right of Reversion of Employees
a) Where an employee is permitted to work at a fraction lower than his or her current fraction for a period no greater than 12 months that employee has a right, upon written application, to revert to the current fraction of hours in that position, or a position of equal classification, as soon as is deemed practicable by the employer, but no later than the expiry of the agreed period.
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b) Where an employee is permitted to work at a fraction lower than his or her current fraction for a period greater than 12 months that employee may, by written application, apply to revert to the current fraction of hours in that position, or a position of equal classification, but only as soon as deemed practicable by the employer.
c) After a period of 24 months, an employee will revert to their current fraction as soon as is deemed practicable by the employer, or alternatively may accept a permanent reduction in hours to reflect the lower fraction.
d) This subclause shall apply to full-time employees voluntarily converting to parttime employment.
21.11. The parties to this agreement are committed to ensuring job share arrangements are accessible to employees, where appropriate, in accordance with the Government policy as amended from time to time.
22. Termination of Employment
22.1. Ending Employment by Notice
a) The employer may terminate the employment of an employee by giving one (1) month’s written notice to the employee.
b) The employer shall increase this period of notice by one (1) week if the employee is over 45 years old and has completed at least two (2) years continuous service with the employer.
c) The employee shall not leave the employ of the employer until the expiration of one (1) month’s written notice of the employee’s intention to do so. An employee who fails to give the required written notice forfeits salary equivalent to the required period of notice, unless agreement is reached between the employee and employer for a shorter period of notice than that specified.
d) The employer may, instead of giving written notice, pay the employee salary equivalent to the required period of notice.
22.2. The employer may summarily dismiss an employee deemed guilty of gross misconduct or neglect of duty and the employee shall not be entitled to notice or payment in lieu of notice.
22.3. Contract of Employment
In the absence of any other period of notice specified in the contract of service, the provisions of this clause will also apply to fixed term contract employees.
22.4. Certificate of Service
On request, the employer will issue a Certificate of Service to an employee on cessation of employment.
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23. Substandard Performance
23.1. No employee shall be subject to the penalties of sub-clause 23.2 of this clause unless a fair procedure is applied and decisions and processes incorporate the principles of natural justice and are free from bias.
23.2. If, in accordance with the College’s Substandard performance management policy, an employee is found by the College to be performing at a substandard level, the College may:
a) withhold for such period as the College thinks fit an increment of remuneration otherwise payable to that employee;
b) reduce the classification of that employee; or
c) terminate the employment of that employee.
23.3. An employee aggrieved by any decision resulting from Substandard performance management, may appeal against that decision by referring the matter to the Commission for determination.
24. Breaches of Discipline
24.1. No employee shall be subject to the penalties of sub-clause 24.2 of this clause unless a fair procedure is applied, and decision and processes incorporate the principles of natural justice and are free from bias.
24.2. If, in accordance with the College’s disciplinary policy, an employee is found by the College to have committed a breach of discipline, the College may:
a) reprimand the employee;
b) transfer the employee to another public sector agency, with the consent of that agency or transfer the employee to another position at the College at which the employee is currently employed;
c) impose on the employee a fine not exceeding the equivalent of five (5) days’ pay that the employee would have received immediately prior to the breach of discipline finding;
d) reduce the monetary remuneration of that employee;
e) reduce the level of classification of the employee;
f) dismiss the employee; or
g) except where the employee is dismissed under sub-clause 24.2(f) of this clause, take action under any two or more of the above sub-clauses.
24.3 Other than in the case of termination in accordance with sub-clause 24.2(f) of this clause, which is subject to other provisions under the Industrial Relations Act 1979, an employee aggrieved by a decision resulting from the disciplinary process may appeal against that decision by referring the matter to the Commission for determination.
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25. Transfers
25.1. With the agreement of the employee, the College may transfer, at the same level of classification, an employee from one office, post or position within the College to another office, post or position of that same College at the same pay and employment conditions, and for which that employee possesses the appropriate qualifications and skills. Such transfers include the transfer of an employee from one campus of the College to another campus of the College.
25.2. With the agreement of the employee, a College may, with the approval of another TAFE College, or the Department, transfer at the same level of classification an employee from an office, post or position at that College to an office post or position at the same pay and employment conditions, and for which the employee possesses the appropriate qualifications and skills, at that other TAFE college, or the Department.
25.3. With the agreement of the employee, a College may, with the approval of another public sector agency, transfer an employee from an office, post or position at the College to an office post or position with the same level of pay and employment conditions, and for which the employee possesses the appropriate qualifications and skills, at the other public sector agency.
25.4. On the transfer of an employee under sub-clause 25.2, the TAFE College, other public sector agency, or the Department, to which the employee is transferred:
a) becomes the employer of the employee; and
b) shall enter into a new contract of employment with the employee, as the new employing authority; and
c) shall ensure all accrued and pro-rata entitlements will be transferred to the new employing authority, in accordance with the portability provisions specified in this Agreement.
25.5. The decision to transfer will be equitable and free from bias.
25.6. If the College transfers an employee in accordance with sub-clause 25.1 or 25.2 or 25.3 it will comply with the following:
a) The transfer will be at the employee’s current classification level;
b) The transfer will not result in a loss of the employee’s continuity of service;
c) The transfer will not change the tenure of the employee;
d) the College’s and employee’s needs will be taken into account in the transfer decision. The employee’s needs include distance of the new work site from their place of residence, skills, qualification and experience of the employee, requirement to undertake training to perform the duties of the new position and family responsibilities;
e) The employee will be notified of the transfer decision and arrangements. The College will give the employee at least four weeks’ notice of intention to transfer;
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f) Policies relating to transfer will be documented, equitable, free from bias, applied consistently and accessible to College employees;
g) The decisions and processes relating to transfer will embody the principles of natural justice including access to documentation specifically relating to the particular employee’s transfer, explanation as to the reasons for the transfer and consultation with the employee where their input is taken into consideration;
h) The transfer decision will be capable of review; and
i) The appropriate confidentiality will be observed.
25.7. If legislation is introduced that provides for the transfer of employees between campuses, Colleges and/or the Department of Training and Workforce Development, then this clause will cease to have effect from the date the legislation takes effect.
26. Redeployment, Retraining and Redundancy
26.1. The Public Sector Management Act 1994 and the Public Sector Management (Redeployment and Redundancy) Regulations 2014, as varied from time to time, apply. The provisions of this clause do not apply to casual employees, as defined in Clause 20 - Casual of this Agreement.
27. Flexibility of Work
27.1. The Managing Director may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.
Part 4 Salaries and Related Matters
28. Pay and Pay Increases
28.1. The annual salaries and salary increases provided for by this Agreement will be those contained in Schedule G – Salaries of this Agreement and Schedule H – Salaries –Flexible Hours Arrangement of this Agreement and Schedule I – Salaries – Casual Employment.
28.2.
a) An employee who is employed by the employer on the date of registration of this Agreement whose 2020 salary is less than $104,000 will, on registration of the agreement, receive an annual salary increase of $3,130 that would have been paid had the salaries in Schedule G, Schedule H or Schedule I of this Agreement been paid from 15 December 2021.
b) An employee who is employed by the employer on the date of registration of this Agreement whose 2020 salary is more than $104,000 will, on registration of the agreement, receive an annual salary increase of 3% that would have been paid had the salaries in Schedule G, Schedule H or Schedule I of this Agreement been paid from 15 December 2021.
28.3. Employees will receive the following salary increase effective from 15 December 2022:
a) An employee whose 2021 salary is less than $104,000 will receive an annual salary increase of $3,130.
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b) An employee whose 2021 salary is more than $104,000 will receive an annual salary increase of 3%.
28.4. An employee who resigns or retires or whose employment is otherwise terminated prior to the registration of this Agreement is not entitled to the payments provided in subclause 28.2
28.5. The rates in Schedule H of this Agreement are payable to lecturers working Flexible Hours Arrangement and include an additional 5% pay premium.
28.6. The pay rates of this Agreement will form the new base rates for any future Agreement, provided that changes to employment conditions are maintained.
29. Pay Arrangements
29.1. Salaries will be paid directly into an approved bank, building society or credit union nominated by the employee on a fortnightly basis.
29.2. Provided that where such form of payment is impracticable or where some exceptional circumstances exist, at the employer’s discretion, payment by cheque may be made.
29.3. Where the usual pay day falls on a Public Holiday as outlined in Clause 70 - Public Holidays of this Agreement, payment will be made on the previous working day.
29.4. The fortnightly salary is the annual salary divided by 26.0833.
29.5. The hourly rate will be computed as one seventy-fifth of the fortnight’s salary.
30. Salaries and Classifications
30.1. Lecturer
a) A lecturer’s minimum commencement salary grade will be in accordance with the following:
Commencement
Grade
Grade 1
Minimum Required Qualifications / Experience
5 years industry experience and;
a) certificate level qualification, or
b) basic qualifications and/or criteria deemed as necessary by the College to perform the position
OR
Diploma / Advanced Diploma
OR
Tertiary Degree
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Commencement
Grade
Grade 2
Minimum Required Qualifications / Experience
Higher teaching qualification (e.g. Bachelor’s Degree, Graduate Diploma, Masters); or 7 years relevant industry experience
b) A lecturer’s prior hours of casual service will be taken into account in determining the commencement salary, in accordance with the provisions of the STERC Above Base Grade Policy.
c) At the discretion of the employer the commencement salary of new employees may be negotiated beyond the minimum rate having regard to the skills, knowledge and experience the future employee brings to the position.
d) Salary levels (including ASL 1 and ASL 2, but not Principal Lecturers) will be maintained between the renewal of lecturing contracts, providing that appropriate knowledge and skills are sustained and kept up to date during periods of absence of not more than two (2) years, as assessed by the employer.
e) A lecturer, other than ASL 1 or ASL 2 appointed after 31 December 1998, who has worked at another VET College within the last two (2) years, and, who has maintained the appropriate knowledge and skills, will have their previous years of service with other Colleges recognised for the purposes of commencement salary. This means that their commencement salary grade will be in accordance with sub- clause 30.1(a) plus the recognised years of service.
30.2. Merit/Criteria Progression and Promotional Positions
a) Merit/Criteria Progression Positions
i) Advanced Skills Lecturer 1 - 20% of permanent and contract FullTime Equivalent (FTE) lecturers in each College will be classified ASL 1, save that no lecturer will be classified as ASL 1 who does not meet all the necessary selection criteria as prescribed in Appendix B – Job Descriptions of this Agreement.
ii) Advanced Skills Lecturer 2 – an ASL 1 lecturer, who has completed 12 months service at the top ASL 1 salary point, is eligible to be classified ASL 2 on their next salary increment anniversary date. No lecturer will be classified as ASL 2, who does not meet all the necessary selection criteria as prescribed in Appendix B – Job Descriptions of this Agreement.
iii) A lecturer can apply to the College to be assessed against the ASL 2 criteria. Subject to being assessed as meeting the criteria prescribed in Appendix B – Job Description of this Agreement for ASL 2 the College will classify the lecturer as ASL 2.
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iv) A lecturer can apply to the College to be assessed against the ASL 1 criteria. Subject to being assessed as meeting the criteria prescribed in Appendix B – Job Description of this Agreement for ASL 1, the College will classify the lecturer as ASL 1, provided that not more than 20% of a college’s lecturing FTE are classified as ASL 1.
v) Colleges shall also advertise annually in March of each year for applications from suitably qualified employees for ASL 1 classification. This process will only occur if less than 20% of the college’s lecturing FTE are classified as ASL 1. The figures used to determine the above shall be based on the college’s lecturing FTE at the beginning of March.
b) Promotional Positions
i) Principal Lecturers - A minimum of 64 Full-Time Equivalent lecturers will be Principal Lecturers as follows:
• 21 at North Metropolitan TAFE
• 18 at South Metropolitan TAFE
• 9 at Central Regional TAFE
• 7 at North Regional TAFE
• 9 at South Regional TAFE
ii) No lecturer will be appointed as a Principal Lecturer who does not meet all the necessary selection criteria as prescribed in Appendix B – Job Descriptions.
30.3. Casual Lecturers
a) The casual hourly rate for lecturing includes a loading in recognition of the time to perform the Activities Related to Delivery (ARD) work associated with each hour of lecturing, plus a loading in lieu of the leave and allowances that apply to permanent and fixed term contract lecturers under this Agreement.
b) The Level 1, Level 2 and Level 3 casual hourly rates apply to employees delivering training, including assessment associated with Recognition of Prior Learning.
c) The Level 1 casual rate applies to the delivery of training for Adult Community Education (ACE) courses and Professional Activities relating to ACE courses only.
d) The Level 2 casual rate applies to the delivery of training for Certificates or Labour Market Programs Australian Qualification Framework (AQF) Certificates I, II and III courses only.
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e) The Level 3 casual rate applies to the delivery of training for Associate Diploma/ Advanced Certificate Small Business Management, AQF Certificate IV courses and above.
f) The Level 4 rate of pay applies to casual employees performing Professional Activities, which are non-delivery, non-preparation non-ARD duties.
g) The casual hourly rate for Professional Activities (PA) includes a loading in lieu of the leave and allowances that apply to permanent and fixed term contract lecturers under this Agreement.
h) During the life of the Agreement, the parties will undertake a review of the casual rate methodology.
30.4. Allowances and Additional Payments
a) Lecturers approved to undertake special projects, roles and/or responsibilities as determined by the Managing Director will have their annual salary increased as specified below.
b) Lecturers may be transferred to undertake special projects for periods of up to two (2) years with an option for a further 12 months. These lecturers will progress on the lecturing scale as provided in Clause 31 – Progression of this Agreement. At the completion of the project the lecturer will revert to his/her new substantive salary on the lecturing scale.
30.5 Transitional Arrangements for Implementation of the 2021 Salary Scale
a) Lecturers employed as at the date of registration of this Agreement shall be placed on the 2021 salary scale in accordance with Schedule G and Schedule H.
b) The 2021 salary scale reflects eight grades and will operate from 15 December 2021.
c) Any lecturer who was on Grade 1 of the 2020 salary scale for less than 12 months at the inception of the 2021 salary scale will progress to the new Grade 1 and have their date for salary increments changed to 15 December 2021. Such a lecturer will remain on the new salary rate for twelve months before being eligible to progress to the next salary grade.
d) All other lecturers will transition into the 2021 grades as reflected in the table below and retain their current increment date.
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Current Rate 15 December 2021 15 December 2022 Special Projects $4,565 $4,702 $4,838
31. Progression
31.1. Progression along the salary scale within each classification/grade will be by annual increments subject to satisfactory service, regardless of the lecturer’s fraction.
31.2. Progression beyond a lecturer’s initial appointment grade is dependent on the attainment of the qualifications described in this clause and Clause 86.1 – Training and Lecturing Qualifications.
31.3. On commencement, as a minimum, a lecturer will be placed on the commencement grade specified in sub-clause 30.1(a) - Salaries and Classifications. A lecturer may be placed on a higher grade in accordance with sub-clause 30.1(b) and 30.1(c) – Salaries and Classifications.
31.4. A lecturer will receive one increment after one (1) year of service but will receive no further increments until the Certificate IV in Training and Assessment and the requirements for trainers and assessors, as agreed by the Ministerial Council and outlined in the registration standards (the Standards) made under section 185 of the National Vocational Education and Training Regulator Act 2011 (Cth) have been completed.
31.5. A lecturer (full-time or part-time) will be required to obtain the qualifications required by the Standards within two (2) years of commencement. To assist in the completion of the required qualification under the Standards, an employee shall be released from lecturing duties for 160 hours, if required. The arrangements for release from lecturing duties will be agreed between the employer and the employee. Should the Certificate IV in Training and Assessment or other minimum requirement for trainers and assessors not be completed within two (2) years of commencement the employee may be terminated, unless there are mitigating circumstances to the satisfaction of the employer.
31.6. Where a lecturer completes the minimum qualification requirements of the Standards prior to their second anniversary date, they will receive a second increment on their second anniversary date, as prescribed in sub-clause 31.1.
32 TAFE General Agreement 2021 Classification 2020 Salary Scale Grades 2021 Salary Scale Grades Lecturers/ Counsellors Gr 1 Gr 1 Gr 2 Gr 1 Gr 3 Gr 2 Gr 4 Gr 3 Gr 5 Gr 4 Gr 6 Gr 5 Gr 7 Gr 6 Gr 8 Gr 7 Gr 9 Gr 8
31.7. Where a lecturer completes the minimum qualification requirements of the Standards after their second anniversary date, they will receive a second increment on the date the minimum qualification requirements of the Standards is completed.
31.8. Lecturers may progress to the top of the salary scale by annual increments from that achieved in sub-clause 31.6 and 31.7.
31.9. A higher education/training qualification (for example Bachelor degree, Graduate Diploma, Masters) is required for eligibility for appointment to Advanced Skills Lecturer 1, Advanced Skills Lecturer 2 and Principal Lecturer (other criteria also apply).
32. Higher Duties
32.1. An employee continuously employed for more than five (5) consecutive days in a position, for which the salary is higher than that prescribed for the employee’s permanent position, will be paid the salary, to which he, or she, would be entitled, if the employee held that position permanently for the full period of time so worked.
32.2. Subject to sub-clause 32.3, an employee referred to in sub-clause 32.1, who is employed in an acting capacity:
a) for a full calendar year, will be paid the higher salary for the whole of that period;
b) within two (2) weeks of the commencement of the college year and remains so employed for the remainder of the full college year, will be paid the higher salary from the date of taking up the position until the end of the calendar year;
c) within two weeks of the commencement of the college year and for a lesser period than the remainder of the full college year, will be paid the higher salary for the total period;
d) more than two (2) weeks after the commencement of the college year, will be paid the higher salary for the total period.
32.3. An employee referred to in sub-clause 32.1 will not be paid the higher salary for any period of absence on long service leave or personal leave of more than two (2) weeks duration.
32.4. Where the full duties of a higher position are performed by two (2) or more employees on an acting basis, each will be paid an allowance as determined by the employer.
32.5. An employee, who is directed to act in a higher position, but who is not required to carry out the full duties of the position and/or accept the full responsibilities, will be paid such proportion of the higher duties allowance as the duties and responsibilities performed by him, or her, bear to the full duties and responsibilities of the higher position. The employee will be informed, prior to the commencement of the acting in the higher position, of the duties to be carried out, the responsibilities to be accepted and the allowances to be paid.
33. Repayment of Overpayments
33.1. Salary overpayments will be repaid to the employer within a reasonable period of time.
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33.2. Subject to sub-clause 33.3, if agreement cannot be reached about repayment of the overpayment, the employer may deduct the amount of overpayment over the same length of time that the overpayment occurred, or six (6) months, whichever is the lesser.
33.3. The employer may not deduct or require an employee to repay an amount exceeding 10% of the employee’s net pay in any one pay period.
33.4. On compassionate grounds, the employer may allow an extended period for the repayment of overpayments.
34. Recovery of Underpayments
34.1. Where an employee is underpaid in any manner:
a) the employer will, once the employer is aware of the underpayment, rectify the error as soon as practicable;
b) where possible the underpayment shall be rectified no later than in the pay period immediately following the date on which the employer is aware that an underpayment occurred; and
c) where an employee can demonstrate that an underpayment has created serious financial hardship, the employee shall be paid by way of a special payment as soon as practicable.
34.2. An employer shall compensate an employee for costs resulting directly from an underpayment, where it is proven that the costs resulted directly from the underpayment. This includes compensation for overdraft fees, dishonoured cheque costs, and dishonour fees related to routine deductions from the bank account into which an employee’s salary is paid.
34.3. Nothing in this clause shall be taken as precluding the employee’s legal right to pursue recovery of underpayments.
35. Deferred Salary Scheme
35.1. With the written agreement of the Managing Director, an employee may elect to:
a) Receive over a four (4) year period, 80% of the salary they would otherwise be entitled to receive in accordance with this Agreement; or
b) Receive over a two (2) year period, 80% of the salary they would otherwise be entitled to receive in accordance with this Agreement; or
c) Enter into a similar arrangement involving different periods of time, as agreed by the Managing Director.
35.2. The Managing Director will assess each application for deferred salary scheme on its merits and give consideration to the personal circumstances of the employee seeking leave. At the time of application the employee must indicate whether they are participating in the four (4) year, two (2) year, or other deferred salary arrangement.
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35.3. With reference to sub-clause 35.1(a), on completion of the fourth year, the employee will be entitled to 12 months leave, and receive an amount equal to 80% of the salary they would otherwise be entitled to in the fourth year of deferment.
35.4. With reference to sub-clause 35.1(b), on completion of the second year, the employee will be entitled to six (6) months leave, and receive an amount equal to 80% of the salary they would otherwise be entitled to in the second year of deferment.
35.5. Where the employee completes the required years of deferred salary service and is not required to attend duty in the following year, the period of non-attendance shall not constitute a break in service but shall not count as service for purposes of accruing entitlements in this Agreement.
35.6. An employee may withdraw from this arrangement prior to completing the required period outlined in sub-clause 35.1 by written notice. The employee will receive a lump sum payment of salary foregone to that time but will not be entitled to equivalent absence from duty.
35.7. The Managing Director will advise the employee to seek legal advice about superannuation arrangements and taxation effects before entering into the arrangement.
35.8. Should there be any changes to the College policy and guidelines of the Deferred Salary Scheme they shall be revised by the Managing Director in consultation with the Union.
36. Salary Packaging
36.1. An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with the Guidelines for Salary Packaging in the WA Public Sector or any similar salary packaging arrangement offered by the employer.
36.2. Salary packaging is an arrangement whereby the entitlements under this Agreement, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another, or other benefits.
36.3. For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits aggregated to a total figure or TEC, less the cost of compulsory employer Superannuation Guarantee contributions.
36.4. The TEC for the purposes of salary packaging, is calculated by adding:
a) the base salary;
b) other cash allowances, e.g. annual leave loading;
c) non cash benefits, e.g. superannuation, motor vehicles, etc;
d) any Fringe Benefit Tax liabilities currently paid; and
e) any variable components, e.g. performance based incentives (where they exist).
36.5. Where an employee enters into a salary packaging arrangement, he or she will be required to enter into a separate written agreement with the employer that sets out the terms and conditions of the arrangement.
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36.6. Notwithstanding any salary packaging arrangement, the salary rate as specified in Schedule G – Salaries and Schedule H – Salaries – Flexible Hours Arrangements of this Agreement is the basis for calculating salary related entitlements specified in this Agreement.
36.7. The salary packaging arrangement must be cost neutral in relation to the total cost to the employer.
36.8. The salary packaging arrangement must also comply with relevant taxation laws and the employer will not be liable for additional tax, penalties or other costs payable or which may become payable by the employee.
36.9. In the event of any increase or additional payments of tax or penalties associated with the employment of the employee or the provision of employer benefits under the salary packaging arrangement, such tax, penalties and any other costs shall be borne by the employee.
36.10. In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause, the employee may vary or cancel a salary packaging arrangement.
36.11. The cancellation of salary packaging will not cancel or otherwise affect the operation of this Agreement.
36.12. An employer shall not unreasonably withhold agreement to salary packaging on request from an employee.
Part 5 Hours of Work And Overtime
37. Hours
37.1. Subject to Clause 38 – Averaging of this Agreement, the full-time ordinary hours of duty will be 37.5 hours per week to be worked between 7.30 am and 8:00 pm Monday to Friday.
37.2. Where a part-time lecturer agrees to lecture beyond their regular part-time hours, the additional hours will be ordinary hours up to the maximum lecturing hours prescribed for a full-time lecturer and the fraction will alter accordingly. Professional Activities (PA) time and Activities Related to Delivery (ARD) time will be allocated in accordance with Schedule L – Hours Chart.
37.3. Lecturers will not be required to work for more than five (5) hours without being allowed a meal break of at least 45 minutes to be taken between 12 noon and 2.00 pm and will be entitled to take an evening meal break between the hours of 5.00 pm and 7.00 pm. Meal breaks are not working time.
37.4. Unless otherwise agreed, lecturers will be not be required to lecture on more than five (5) days in any week, or on more than two (2) nights commencing on, or after, 5.30 pm.
37.5. By agreement with the Managing Director, a lecturer may elect to work on Saturday afternoon, or Sunday, as part of his/her ordinary hours. A lecturer may not be coerced into working on a Saturday afternoon or Sunday as part of ordinary working hours.
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37.6. Where the College requires a lecturer to work ordinary hours between 8:00 pm and 10.00 pm from Monday to Friday, or between 7.30 am and 12.00 noon on Saturdays, the lecturer will be paid a loading of 50% for each hour worked. Time in lieu to compensate for the 50% loading may be agreed between the lecturer and Managing Director. Such time in lieu will be taken at a time agreed by the lecturer and the Managing Director.
37.7. Up to 21 ordinary lecturing hours may be worked in any one week, subject to Clause 38– Averaging of this Agreement.
37.8. Other than for the purposes of averaging as per Clause 38 – Averaging, lecturers will not be required to lecture in more than 40 weeks in a calendar year.
37.9. Lecturers required to lecture for 21 ordinary hours in a week will be allocated 12 hours non-lecturing time for ARD of vocational education/training programs.
37.10. Lecturers required to lecture for less than 21 ordinary hours in a week will be allocated ARD in accordance with Schedule L – Hours Chart.
37.11. Lecturers who are required to lecture programmed overtime above 21 hours are entitled to 34:00 minutes of ARD for each additional hour.
37.12. A maximum of 7.5 hours non-lecturing ARD time per week may be carried out offcampus at the discretion of the lecturer. This applies to both full-time and part-time lecturers. The maximum 7.5 hours of ARD is not to be applied pro rata to part-time lecturers.
37.13. Fulltime lecturers will work Professional Activities time in excess of lecturing and ARD time each week up to the balance of 37.5 ordinary hours.
37.14. Part time lecturers will work Professional Activities time in excess of lecturing and ARD time each week up to the balance of their ordinary hours as prescribed for their fraction in Schedule L – Hours Chart.
37.15. Lecturers and managers will strive to reach agreement on the professional activities to be undertaken.
37.16. The emphasis of Professional Activities is on those duties which assist in the delivery of quality education/training. Subject to available time, this may include one or more of the duties listed in PA of Appendix A – Role Description and Duty Statement for Lecturers. Lecturers and managers will adopt a reasonable, mutual approach to the use of PA time.
37.17. A lecturer will be required to carry out PA between the range of hours 8.00 am to 5.00 pm Monday to Friday. Other than by agreement PA will be worked on campus.
37.18. Any remaining time beyond Annual Leave, Professional Allowance Leave and lecturing weeks, will be allocated to PA of 7.5 hours per day.
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38. Averaging
38.1. Lecturing hours may be averaged over periods of up to 21 calendar weeks in a semester, except for North Regional TAFE where lecturing hours may be averaged over periods of up to 20 weeks in a semester.
38.2. The maximum averaging lecturing hours will be 420 hours over 21 weeks, or 20 weeks. A pro rata number of lecturing hours based on an average of 21 hours per week will be worked for averaging periods of less than 20 weeks.
38.3. Lecturing hours cannot be carried over from one semester to another and each lecturer will commence each semester with a zero balance of lecturing hours.
38.4. Lecturers and managers will strive to reach reasonable agreement on arrangements for the commencement and duration of any period of averaging.
38.5. Both parties will strive to find reasonable solutions in the event of a change to previously agreed averaging arrangements becoming necessary.
38.6. In striving to reach agreement regarding the implementation of averaging, or changing averaging arrangements, there will be full and proper consultation. Full and proper consultation will involve direct communication between the employee and management at the earliest opportunity and if working as part of a team may include consultation between management and the team. Equity considerations, personal and family commitments, professional and personal development commitments, work health and safety issues, educational quality issues and flexible hours arrangements will be considered in the decision making process.
38.7. When lecturing hours vary in accordance with averaging pursuant to this clause, PA hours and ARD hours remain constant, as specified for a lecturer lecturing 21 hours per week in Schedule L – Hours Chart.
38.8. Subject to sub-clause 38.1, ordinary lecturing hours may be programmed throughout the semester except during a lecturer’s annual leave and professional allowance leave periods.
38.9. All duties scheduled on a public holiday in Clause 70 – Public Holidays of this Agreement will be deemed to have been worked.
38.10. When a lecturer completes the requisite number of hours in less weeks than the duration of the period of averaging, the lecturer is only required to perform ARD and PA of 16.5 hours per week for the duration of the period of averaging. Up to a maximum of 7.5 hours ARD may be carried out off campus at the discretion of the lecturer each week.
38.11. A contract lecturer who completes 420 lecturing hours in a shorter period than a semester will be paid as though the lecturing hours were delivered over a full semester.
38.12. A reconciliation will be required at the end of an averaging period and any resulting credit will be paid at one and a half times the ordinary rate of pay in the next pay period conveniently possible.
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38.13. Where a lecturer already has a full lecturing load programmed for a semester, relief lecturing will be paid as overtime in the next pay period conveniently possible.
38.14. Advice of any averaging arrangement where lecturers lecture for more than 25 hours per week, other than by agreement, will be provided to the College Joint Consultative Committee for information and future analysis.
38.15. Lecturing hours worked in accordance with sub-clause 37.6 – Hours of this Agreement will count as lecturing hours under any averaging arrangement pursuant to this clause.
39. Additional Lecturing Hours By Agreement
39.1. Any full time lecturer may agree with the Managing Director to work more than 840 ordinary lecturing hours during a calendar year as per the provisions of this clause.
39.2. In a week when additional lecturing hours by agreement are worked, no more than 37.5 ordinary hours will be required to be worked subject to averaging. The balance of Professional Activities time will be reduced to accommodate the additional lecturing hours.
39.3. Additional lecturing hours by agreement will not attract Activities Related to Delivery time.
39.4. The annual salary of a lecturer working additional lecturing hours by agreement will increase by 1% for an additional 20 lecturing hours worked and an additional 0.5% for every 10 additional lecturing hours thereafter, for the calendar year in which additional lecturing hours are worked.
39.5. Additional lecturing hours by agreement will be worked in an arrangement suitable to the lecturer and the manager/supervisor and will be agreed in writing prior to the commencement of the calendar year.
39.6. A lecturer will not work additional lecturing hours by agreement unless they genuinely agree to do so. A Managing Director must not apply duress or coercion to a lecturer to enter into additional lecturing hours by agreement. No other clause of this Agreement relating to matters where the employer and employee are required to reach agreement applies to entering an Additional Lecturing Hours agreement between a lecturer and the Managing Director. The Managing Director is not obliged to agree to a lecturer working additional lecturing hours.
39.7. Payment for additional lecturing hours by agreement will be included as total salary for all purposes, for the calendar year in which additional lecturing hours are worked.
39.8. The provisions of this clause do not apply to part-time lecturers. Where a part-time lecturer works additional hours it will be dealt with by reference to sub-clause 37.2Hours and sub-clause 21.4 - Part-Time.
39.9. A lecturer working agreed additional lecturing hours under the provisions of this clause is not eligible for overtime payment for those hours.
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40. Flexible Hours Arrangement
40.1. Context and Intent
a) The employers’ purpose of the Flexible Hours Arrangement (FHA) is to provide for more flexible working hours for lecturers to enable Colleges to be more responsive to the needs of employers and students.
b) It is not intended by any of the employers to use FHA agreements to increase lecturers’ working hours, or workloads, or the number of ‘traditional’ lecturing hours that a lecturer may work each year.
c) However, lecturers electing to work FHA will be expected to work differently and have different workloads to lecturers that remain on existing arrangements. Lecturers on FHA will work the flexible hours arrangements as outlined in the provisions of this clause as required by their employer.
d) Lecturers may undertake a mix of ‘traditional lecturing’ and ‘non-traditional VET delivery’.
e) It is acknowledged that all lecturers delivering similar VET may not work the same mix of duties.
f) No other clause of this Agreement relating to matters where the employer and employee are required to reach agreement applies to entering FHA.
g) The succeeding provisions of this clause must be read and interpreted in a manner that is consistent with sub-clauses 40.1(a) to 40.1(f).
40.2. Arrangements
a) Subject to this clause, a lecturer may agree in writing with the Managing Director to work FHA and will be paid salary in accordance with Schedule H, which is 5% higher than the non-FHA salary.
b) A Managing Director must not make a FHA agreement a condition of employment, further employment, criteria progression or promotion.
c) No lecturer will work under a FHA agreement unless they genuinely agree to do so. A Managing Director must not apply duress or coercion to a lecturer to enter into a FHA agreement, or require a lecturer to enter into a FHA agreement.
d) A FHA agreement must be in writing, signed by the employer and participating lecturer.
e) An employer must not require a lecturer working under a FHA agreement to work unreasonable hours or impose an unreasonable workload.
f) The lecturer, or the employer, may terminate a FHA by giving two (2) weeks written notice to the other. An employer’s decision to terminate a FHA agreement must be reasonable in all the circumstances and be made explicitly by the Managing Director. When a FHA is terminated by either party all the FHA
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provisions in this clause cease to apply to that lecturer and such provisions are of no effect upon that lecturer’s workload or other conditions of employment. A lecturer aggrieved by any decision to terminate a FHA arrangement may lodge a dispute in accordance with Clause 12 - Dispute and Grievance Resolution Procedure of this Agreement.
g) A lecturer will accrue and be paid leave at the FHA rate for such time as they work under a FHA agreement.
h) Should a lecturer and the Managing Director enter into a FHA agreement; the provisions of this clause will replace the provisions of Clause 37 – Hours, Clause 38 – Averaging and Clause 43 – Overtime of this Agreement.
i) Subject to sub-clause 40.3(d) the full-time ordinary hours of duty will be 37.5 hours per week to be worked between 7:30 am and 8:00 pm Monday to Friday. Notwithstanding, by agreement with the Managing Director, a lecturer may elect to work on Saturday afternoon, or Sunday, as part of his/her ordinary hours. A Managing Director must not procure a lecturer’s consent to working ordinary hours on Saturday afternoon, or Sunday by means of duress or coercion.
j) Where a lecturer is required to work ordinary hours between 8.00 pm and 10:00 pm Monday to Friday, or 7:30 am to 12:00 pm on Saturday, the lecturer will be paid a loading of 50% for each hour worked.
k) Other than by agreement, a lecturer will not be required to work more than five (5) days per week or after 5:30pm on more than two (2) nights per week.
l) A lecturer will not be required to work more than five (5) hours continuously without a break of at least 45 minutes.
m) Hours authorised by the Managing Director to be worked outside the ordinary hours of duty prescribed in sub-clauses 40.2(i), 40.2(j) and 40.2(k) will be overtime and paid at a rate of time and one half; except for hours worked on Sunday, which will be paid at double time, and hours worked on public holidays, which will be paid at double time and one half.
n) There will be full and proper consultation regarding the programming of ‘traditional lecturing’ and ‘non-traditional delivery’ hours. Full and proper consultation will involve direct communication between the employee and management at the earliest opportunity and, if working as part of a team, will include consultation between management and the team. Equity considerations, personal and family commitments, professional and personal development commitments, work health and safety issues, educational quality issues and flexible hours arrangements will be considered in the decision making process.
o) All duties scheduled on a public holiday in Clause 70 - Public Holidays of this Agreement will be deemed to have been worked.
p) A lecturer’s workload will be reduced by the amount of any personal or other leave taken during the year.
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40.3. Traditional Lecturing Delivery Hours
a) Traditional lecturing’ duties are the delivery of VET to groups of students in a classroom, workshop, seminar room, lecture theatre, or similar form of teaching delivery, either on, or off, campus.
b) For each traditional lecturing hour there will be allocated 30 minutes of Activities Related to Delivery (ARD) time.
c) A maximum of 840 traditional lecturing hours can be worked in each calendar year.
d) While weekly lecturing hours may vary pursuant to this clause, a lecturer will work six (6) hours of Professional Activities (PA) and 10.5 hours of ARD time each week up to a maximum of 390 hours of PA and 420 hours of ARD per calendar year.
e) If a lecturer delivers less than 840 traditional lecturing hours per year the 420 hours ARD time decreases by a half hour for each additional lecturing hour less than 840 and 390 hours PA time increases by one and one half hours for each traditional lecturing hour less than 840. PA time in excess of 390 hours per year may include non-traditional lecturing duties.
f) Ordinary traditional lecturing hours may be programmed throughout the calendar year except during a lecturer’s annual leave and professional allowance leave periods.
g) When a lecturer completes 840 traditional lecturing hours in less than 40 weeks, the lecturer is only required to perform 10.5 hours ARD and six (6) hours of PA per week for the balance of 40 weeks.
h) ARD may be carried out off campus by agreement between the lecturer and manager/supervisor. The Managing Director will not unreasonably withhold agreement.
i) A fixed term contract lecturer who completes 840 lecturing hours in a shorter period than forty weeks will be paid as though the lecturing hours were delivered over 40 weeks.
j) Traditional lecturing hours worked in excess of 840 in a calendar year will be paid at overtime rates of time and one half, including an ARD component for programmed overtime. Where a lecturer has a full traditional lecturing load, additional programmed relief lecturing will be paid as overtime at the relevant applicable overtime rate – e.g. after hours on Monday to Friday and Saturday, Sunday or Public Holiday - in the next pay period conveniently possible.
k) Where a lecturer already has 840 lecturing hours programmed for the year, relief lecturing will be paid as overtime at the relevant applicable overtime rate – e.g. after hours on Monday to Friday and Saturday; Sunday or Public Holiday - in the next pay period conveniently possible.
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l) The overtime rates prescribed by 40.3(j) and 40.3(k) will not apply to any additional lecturing hours that a lecturer agrees to work under the provisions of Clause 39 – Additional Lecturing Hours by Agreement of this Agreement.
40.4. ‘Non-Traditional’ Delivery
a) Hours worked under a FHA agreement will incorporate a combination of VET delivery and other duties, except that a lecturer will not be required to deliver more than 840 hours of ‘traditional’ lecturing duties in a calendar year.
b) Lecturers engaged in non-traditional VET delivery will undertake a combination of delivery and other duties.
c) In establishing reasonable workloads for a lecturer subject to a FHA agreement, the variables an employer must take into account include the following:
i) Class sizes
ii) Unit/module nominal hours
iii) Scatter of groups
iv) Diversity of groups
v) Number of different modules taught
vi) Scheduled leave
vii) Travelling time
viii) Personal leave
ix) Public Holidays
x) Unscheduled leave as it arises
xi) Special needs of students
xii) Any Work Health and Safety issues
xiii) Other roles and responsibilities
xiv) Any combination of ‘traditional’ and other delivery undertaken.
d) All work undertaken by lecturers, including, for example skills analysis, skills audit, planning and development, delivery of education and training and assessment, evaluation and maintenance, travelling time and administrative duties, must be recognised as work, not just the time spent directly with students.
e) A lecturer subject to a FHA agreement may also perform non-delivery duties off campus with the agreement of the Managing Director. The Managing Director will not unreasonably withhold agreement.
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f) Subject to the development of appropriate provisions through STERC, by agreement with the Managing Director the lecturer may work Flexitime hours where the full-time ordinary hours of duty will be 150 hours per four (4) week, or 450 hours per 12 week, settlement period.
g) Where a lecturer carries out relief lecturing, an appropriate adjustment must be made to existing workload, or the work will be authorised as overtime, and will be paid in the next pay period conveniently possible.
40.5. Excessive Workloads
a) The Managing Director will ensure that managers/supervisors are aware that the tasks allocated to employees must not exceed what can reasonably be performed in the hours for which they are employed.
b) The Managing Director will ensure that managers/supervisors monitor the hours worked by the lecturers they supervise and where the lecturers regularly work hours in excess of 37.5 hours must in consultation with the lecturer implement measures that reduce that lecturer’s workload.
c) Where vacancies arise in an area, which creates additional workload for lecturers working in that area supervisors/managers will consult with affected lecturers regarding how the workload will be managed in accordance with subclause 40.5 of this clause.
d) A lecturer who believes that her or his workload may be excessive can seek a review. Whilst the review is taking place the status quo will remain.
e) Any request for a review is to be made to the manager/supervisor in writing in the first instance with a view to resolving the matter at that level.
f) If the matter is not able to be resolved by the manager/supervisor and lecturer within five (5) days, the matter will be referred to the College FHA working party for resolution. A process for establishing College FHA working parties will be developed through STERC. The FHA working party will consist of an equal number of College representatives and Union representatives.
g) Where the matter is not resolved within five (5) days the lecturer may seek to have the matter resolved through Clause 12 - Dispute and Grievance Resolution Procedure.
h) Any review of the reasonableness of workloads will be assessed having regard to all the relevant circumstances of the case. Those circumstances may include:
i) the requirements of the workplace, team, or client;
ii) the equitable distribution of duties across team members;
iii) the skills, competencies, knowledge and experience of the lecturer;
iv) the adequacy of preparation and planning time to enable delivery;
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v) the level of duties required in undertaking workplace delivery;
vi) employee health and safety;
vii) the employee’s personal circumstances; and
viii) the matters referred to in sub-clauses 40.4(c) and 40.4(d).
40.6. Leave Trading
a) By written agreement with the Managing Director an employee working FHA may forgo one, two, three, or four weeks’ Professional Allowance Leave in a calendar year. The employee will be paid an additional 2% of salary for each week of leave forgone. The additional salary will be paid for the duration of the calendar year in which the forgone leave was an entitlement.
b) For each week of leave foregone the lecturer will be required to work an additional week during which up to an additional 21 traditional lecturing hours may be worked in accordance with the principles of subclause 40.3(e).
c) By written agreement with the Managing Director an employee working FHA may take an additional one, two, three, or four weeks’ Professional Allowance Leave in a calendar year. The employee will forgo 2% of their salary for the duration of the calendar year in which the additional week of leave is taken.
d) The number of traditional lecturing hours that can be worked will decrease by 21 for each additional week of leave purchased. ARD and PA will also decrease accordingly.
e) An employee who does not complete the calendar year to which a leave trading agreement pertains will have a reconciliation completed as at the date of termination on a pro rata basis. Any adjustment in favour of the employee, or the employer, will be made in the employee’s termination pay.
41. Right to Disconnect
41.1. The employers recognise that employees have periods of leave and non-work days.
41.2. Employees are not required to access work related information or respond to communications such as text messages and emails outside their ordinary hours.
41.3. Employers may send communications in the case of an emergency situation, genuine health and welfare concerns or for relief lecturing.
42. Accrued Professional Development Time
42.1. A lecturer may elect to accrue up to 37.5 hours of time worked, in a calendar year, undertaking recognised Professional Development approved by his/her College and without relief, to be taken as accumulated time off during non-teaching weeks.
42.2. The parties acknowledge the STERC Accrued Professional Development Time policy, which is to be applied consistently across Colleges, provides the guidelines for the operation of this clause.
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42.3. It is not the intention of the parties that time worked on professional development in accordance with this clause should be the total of professional development time worked by lecturers. Professional development may also be worked in Professional Activities time in accordance with Clause 37 – Hours and Appendix A – Role Description and Duty Statement for Lecturers.
43. Overtime
43.1. Overtime means all work authorised by the Managing Director to be performed outside the ordinary hours of duty in Clause 37 - Hours and Clause 38 – Averaging, but not including hours worked in accordance with sub-clause 37.6 – Hours or Clause 39Additional Lecturing Hours by Agreement.
43.2. Sunday Hours and Saturday Afternoon
Overtime lecturing hours worked on a Sunday will be paid at double the ordinary hourly rate of pay. Overtime lecturing hours worked on Saturday afternoon will be paid at one and one half times the ordinary rate of pay.
43.3. Public Holidays
All time worked on a Public Holiday will be paid at the rate of double time and one half.
43.4. Hours in excess of Ordinary Lecturing Hours
Where a lecturer works overtime through working:
a) beyond 420 hours in an academic semester; or
b) beyond the ordinary weekly lecturing hours allowed under Clause 37 - Hours and Clause 38 – Averaging;
such hours will be paid at one and one half times the ordinary rate of pay. If delivery of a ‘program’, or part of a program is in overtime, ARD time, as prescribed in sub-clause 37.11 – Hours, will be allocated and paid at the relevant applicable overtime rate.
43.5. Hours in excess of 37.5 per week
Other than where a lecturer lectures above 21 hours per week as provided in Clause 37 – Hours, and Clause 38 – Averaging of this Agreement, any hours worked in excess of 37.5 hours in a week will be paid at one and one half times the ordinary hourly rate of pay.
43.6. Ten Hour Break
a) When overtime is worked, a break of not less than 10 hours will be taken between the completion of work on one day and the commencement of work on the next, without loss of salary for ordinary working time occurring during such absence.
b) Provided that where a lecturer is directed to return to or continue to work without the break provided in sub-clause 43.6(a) then the lecturer will be paid at double the ordinary rate until released from duty, or until the lecturer has had
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ten consecutive hours off duty without loss of salary for ordinary working time occurring during such absence.
43.7. Excess Travelling Time
Excess travelling time will be paid at the rate of time and one half of the ordinary hourly rate of pay.
43.8. Payment of Overtime
Other than as provided in sub-clause 38.12 – Averaging of this Agreement, overtime will be paid in the first pay period that is conveniently possible after the overtime is worked.
43.9. Time in Lieu
a) Time in lieu to compensate for overtime worked may be mutually agreed between the lecturer and Managing Director on the same basis as the payment of overtime. Such time in lieu will be taken at a time agreed as mutually convenient to the lecturer and the Managing Director.
b) Time in lieu, in accordance with 43.9(a), may be mutually agreed for work undertaken outside of ordinary hours, for duties such as attendance on camps or similar.
c) The lecturer will be required to clear accumulated time off in lieu within 12 months of the overtime being performed, or for lecturers on FHA and averaging arrangements, from the date of accrual, provided that by written agreement between the lecturer and the Managing Director, or duly authorised officer, time off in lieu of payment for overtime may be accumulated beyond 12 months from the time the overtime is performed/accrued so as to be taken in conjunction with periods of approved leave.
d) If the College is unable to release the lecturer to clear such leave within 12 months of the overtime being performed, or for lecturers on FHA and averaging arrangements, from the date of accrual, and no further agreement prescribed in subclause (c) of this clause is reached, then the lecturer will be paid for the overtime worked.
44. Travelling Time and Excess Travelling Time
44.1. In the first instance, the College will endeavour to manage travelling time within a lecturer’s ordinary hours. That is the College may, at its discretion, reduce professional duties or lecturing duties to accommodate the travelling. Where lecturing duties are reduced, PA time and ARD time will be allocated in accordance with Schedule L –Hours Chart of this Agreement.
44.2. Travelling time will be calculated on the basis of stand-alone journeys to the nearest ten minutes.
44.3. Where a journey has not been prescribed in accordance with sub-clause 15.2(o) – System Consultation and Change Management, the College will consult with the
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lecturer regarding determination of a reasonable means of calculating appropriate travelling time.
44.4. Travelling time does not apply to travel involving an absence from the lecturer’s headquarters exceeding 14 days, in which case other allowances apply.
44.5. Excess travelling time will be paid in accordance with Clause 43 – Overtime.
Part 6 Leave of Absence and Public Holidays
An application must be made and approved for any form of leave for lecturers, unless agreement in writing has otherwise been reached.
45. Annual Leave
45.1. Entitlement
a) Each employee is entitled to four (4) weeks paid leave for each year of service. Annual leave will be calculated on a calendar year basis commencing on January 1 in each year.
b) An employee employed on a fixed term contract for a period greater than 12 months, will be credited with the same entitlement as a permanent employee. An employee employed on a fixed term contract for a period less than 12 months, will be credited with the same entitlement on a pro-rata basis for the period of the contract.
c) On written application, an employee will be paid salary in advance when proceeding on annual leave.
d) The provisions of this clause do not apply to Casual Employees.
45.2.
Pro rata Annual Leave
a) An employee who enters employment with the College after January 1 is entitled to pro rata annual leave for that year, calculated on a weekly basis.
b) An employee may take annual leave during the calendar year in which it accrues or anytime thereafter, but the time during which the leave may be taken is subject to the approval of the employer.
c) An employee who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave, must refund the value of the unearned pro rata portion, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an employee.
45.3.
Part-time entitlement
A part-time employee will be granted annual leave in accordance with this clause, however payment to a part-time employee proceeding on annual leave will be calculated having regard for any variations to the employee’s ordinary working hours during the accrual period.
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45.4. Compaction of Annual Leave
An employee who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.
45.5. Additional leave for the North West
a) Employees whose headquarters are located north of 26º South Latitude will receive an additional five (5) working days annual leave on the completion of each year of continuous service in the region.
b) An employee who proceeds on annual leave before having completed the necessary year of continuous service may be given approval for the additional five (5) working days leave provided the leave is taken at college convenience and provided the employee returns to that region to complete the necessary service.
c) Where an employee has served continuously for at least a year north of the 26º South Latitude, and leaves the region because of promotion or transfer, a pro rata annual leave credit to be cleared at college convenience will be accrued on a weekly basis.
d) The additional leave provided by this clause may be carried from one 12 month period of continuous service to another 12 month period.
e) Where payment in lieu of pro rata annual leave is made on the death, resignation or retirement of an employee in the region, in addition to the payment calculated on a four week basis, payment may be made for the pro rata entitlement contained in sub-clause 45.5(c) of this clause.
45.6. Other Additional Leave
The employee other than an employee referred to in sub-clause 45.5, to whom the employer has granted annual leave in excess of four (4) weeks because of special circumstances will be credited with such additional leave on a weekly basis.
45.7. Portability
a) Where an employee was, immediately prior to being employed by the College, employed in any public sector body as defined in Section 3 of the Public Sector Management Act 1994, the Managing Director shall approve portability of accrued and pro rata annual leave entitlements held at the date the employee ceased that previous employment, provided that:
i) the employee’s employment with the College commenced no later than one (1) week after ceasing the previous employment; and
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ii) the employee was not paid out all or part of the accrued and pro rata annual leave entitlements held at the time of ceasing that previous employment.
45.8. Direction to take Leave
The Managing Director may direct an employee to take accrued annual leave and may determine the date on which such leave will commence.
45.9. Cashing Out Annual leave
With the written approval of the Managing Director, an employee’s accumulated annual leave may be paid out (equivalent benefit) instead of taken.
45.10. Annual Leave Loading
Annual leave loading no longer applies as it has been repackaged and absorbed into the base salary.
46. Annual Leave Travel Concessions
46.1. Employees Stationed in Remote Areas
a) Where an employee’s headquarters are situated in District Allowance Areas 3, 5, 6 and in that portion of Area 4 located north of 30º South Latitude, as defined in Clause 74 - District Allowance, a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return economy airfare to Perth will be provided for each employee and each of his/her dependants when proceeding on annual leave to a place other than Perth or Geraldton.
b) An employee may elect to travel elsewhere than to Perth or Geraldton and, in that event, will be paid the cost of that travel up to an amount not exceeding the value of a return economy airfare to Perth.
c) The employee will only be entitled to the actual cost of the travel, by air or road, up to the value of return economy airfares for the employee and his/her dependents to Perth or Geraldton, whichever is the higher. The Managing Director will not reimburse the employee unless the employee supplies evidence acceptable to the Managing Director of the actual cost of travel.
d) An employee is required to serve 12 months in these areas before qualifying for travel concessions.
e) Exceptions to the 12 month qualifying period are:
i) where an employee is required to proceed on annual leave to suit College convenience.
ii) where, with prior approval of the Managing Director, the employee returns to the area to complete the years’ service at the expiration of the period of leave.
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f) Travel concessions not utilised within 12 months of becoming due will lapse.
46.2. Part-time Employees
Part-time employees are entitled to annual leave travel concessions on a pro-rata basis according to the number of hours worked.
46.3. Travelling Leave for Employees situated in remote areas
a) An employee situated in a remote area, as defined in sub-clause 46.1(a), who elects to take Annual Leave outside the district in which their headquarters is located is entitled to the following travelling time: Approved
Air Two Days
Road, or Air and Road, North of 20o South Latitude
Road or Air and Road, All other remote areas
Five Days
Four Days
b) The mode of travel is to be at the discretion of the Managing Director.
46.4. Employees whose headquarters are located 240 kilometres or more from Perth
The Managing Director may grant to employees, other than those stationed in remote areas, whose headquarters are situated 240 kilometres or more from the Perth General Post Office and who travel to Perth for their Annual Leave reasonable travelling time to enable them to complete the return journey.
47. Bereavement Leave
47.1. Employees including casuals will on the death of:
a) the spouse or de-facto partner of the employee;
b) a former spouse or former de-facto partner of the employee;
c) the child, step-child, foster child or grandchild of the employee (including an adult child, step-child or grandchild);
d) the parent, step-parent, foster parent or grandparent of the employee;
e) a parent in-law or former parent in-law of the employee;
f) the brother, sister, step-brother or step-sister; or
g) any other person who, immediately before that person’s death, lived with the employee as a member of the employee’s household;
be eligible for up to three (3) days paid bereavement leave.
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Mode of Travel Travelling Time
47.2. The Managing Director will not unreasonably withhold approval to grant bereavement leave to an employee in respect of some other person with whom the employee had a special relationship, on the request of the employee.
47.3. The three (3) days need not be consecutive.
47.4. Bereavement leave is not to be taken during any other period of leave, including periods of unpaid leave.
47.5. Payment of such leave may be subject to the employee providing evidence, if so requested by the Managing Director, of the death or relationship to the deceased that would satisfy a reasonable person.
47.6. An employee requiring more than three (3) days bereavement leave in order to travel interstate or overseas in the event of the death of a person referred to in clause 47.1 or 47.2 may, upon providing adequate proof, in addition to any bereavement leave to which the employee is eligible, have immediate access to annual leave and/or accrued long service leave or leave without pay provided all accrued leave is exhausted.
47.7. Travelling time for Regional Employees
a) Subject to prior approval from the Managing Director, an employee entitled to Bereavement Leave and who as a result of such bereavement travels to a location within Western Australia that is more than 240 kilometres from their workplace will be granted paid time off for the travel period undertaken in the employee’s ordinary working hours up to a maximum of 15 hours per bereavement. The Managing Director will not unreasonably withhold approval.
b) The Managing Director may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the Managing Director that more than two (2) days travel time is warranted.
c) The provisions of this clause are not available to employees whilst on leave without pay or personal leave without pay.
d) The provisions of subclauses 47.7(a) and 47.7(b) apply as follows:
i) An employee employed on a fixed term contract for a period greater than 12 months, is credited with the same entitlement as a permanent employee for each full year of service and pro-rata for any residual portion of employment.
ii) An employee employed on a fixed term contract for a period less than 12 months is credited with the same entitlement on a pro-rata basis for the period of employment.
iii) A part time employee is entitled to the same entitlement as a fulltime employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight.
iv) For casual employees, the provisions apply to the extent of their agreed working arrangements.
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48. Blood/Plasma Donors Leave
48.1. Subject to operational requirements, employees shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:
a) Prior arrangements with the Managing Director has been made and at least two (2) days’ notice has been provided; or
b) the employee is called upon by the Red Cross Blood Centre.
48.2. The notification period shall be waived or reduced where the Managing Director is satisfied that operations would not be unduly affected by the employee’s absence.
48.3. The employee shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.
48.4. Employees shall be entitled to two (2) hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.
49. Ceremonial/Cultural Leave
49.1. Ceremonial/Cultural Leave may be granted to employees who have a ritual obligation to participate in ceremonial activity which requires absence from work. Such leave will also include leave to meet the employee’s custom and traditional laws and should not be limited to Aboriginal people.
49.2. An employee granted leave to participate in ceremonial, cultural or traditional law activities will have such leave deducted from accrued annual leave or long service leave of a minimum of one week or seven (7) consecutive days.
49.3. Leave without pay to participate in ceremonial, cultural or traditional law activities may be granted by the Managing Director.
50. Cultural Leave for Aboriginal and Torres Strait Islanders
50.1. Employees who identify as Aboriginal or Torres Strait Islanders are entitled to paid cultural leave, which can be accessed to participate in any of the following:
a) cultural and ceremonial obligations under Aboriginal or Torres Strait Islanders lore, customs or traditional law; and
b) community cultural events such as NAIDOC Week activities, Reconciliation Week or Coming of the Light festivals.
50.2. Up to five days of paid cultural leave per calendar year will be available under this clause. The leave need not be taken in one continuous period. Paid cultural leave will not accrue from year to year and will not be paid out on termination.
50.3. The Managing Director will assess each application for cultural leave on its merits and give consideration to the personal circumstances of the employee seeking the leave.
50.4. The Managing Director may request reasonable evidence of the legitimate need for the employee to be allowed time off.
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50.5. If a Managing Director requires an employee to attend business associated with an Aboriginal or Torres Strait Islanders organisation, or an organisation that works to facilitate Aboriginal or Torres Strait Islanders interests, and the attendance is considered to be a part of the employee’s normal duties, the employee need not access leave under this or any other clause to enable it.
50.6. Cultural leave granted under this clause is in addition to the leave provided by clause 47 – Bereavement Leave and clause 49 – Ceremonial/Cultural Leave of this Agreement.
51. Personal Leave
51.1. The provisions of this clause replace Clause 27 – Sick Leave of the Award, with the exception of sub-clause 27 (23) (war caused illnesses), and Clause 30 – Short Leave of the Award.
51.2. The intention of personal leave is to give employees and employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave replaces sick, carers and short leave. Personal leave is not for circumstances normally met by other forms of leave.
51.3. Entitlement
a) The employer shall credit each permanent employee with the following personal leave credits:
b) Where employees access personal leave, it shall be deducted from their noncumulative entitlement in the first instance.
c) In the year of accrual, the 112.5 hours personal leave entitlement may be accessed for illness or injury, carer’s leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year of accrual any unused personal leave from that year up to a maximum of 97.5 hours will be cumulative and added to personal leave accumulated from previous years. Unused non-cumulative leave will be lost on completion of each anniversary year.
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Personal Leave Cumulative Personal Leave Non-cumulative On the day of initial appointment 48.75 hours 15 hours On the completion of 6 months continuous service 48.75 hours 0 hours On the completion of 12 months continuous service 97.5 hours 15 hours On the completion of each further period of 12 months continuous service 97.5 hours 15 hours
d) The number of hours the employee is required ordinarily to work in a two (2) week period during an anniversary year must be available to be accessed for periods of absence from work resulting from illness or injury. That is, 75 hours for a full- time employee or pro-rata for a part-time employee. An employee is entitled to use all of this entitlement for the purposes of carer’s leave.
e) An employee employed on a fixed term contract for a period of 12 months or more shall be credited with the same entitlement as a permanent employee. An employee employed on a fixed term contract for a period less than 12 months shall be credited on a pro-rata basis for the period of the contract.
f) A part-time employee shall be entitled to the same personal leave credits as a full- time employee, but on a pro-rata basis according to the number of hours worked each fortnight. Payment for personal leave shall only be made for those hours that would normally have been worked had the employee not been on personal leave.
g) This clause does not apply to casual employees.
h) An employee is unable to access personal leave while on any period of maternity leave, adoption leave, other parent leave, partner leave, unpaid grandparental leave or leave without pay. An employee is unable to access personal leave while on any period of annual or long service leave, except as provided for in sub-clauses 51.6(h) and 51.6(i).
i) Personal leave will not be debited for public holidays which the employee would have observed.
j) If an employee has exhausted all accrued personal leave the Managing Director may allow the employee who has at least twelve months service to anticipate up to five (5) days personal leave from next year’s credit. If the employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the employer, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of the employee.
k) In exceptional circumstances the Managing Director may approve the conversion of an employee’s personal leave credits to half pay to cover an absence on personal leave due to illness.
l) Personal leave may be taken on an hourly basis.
51.4. Personal Leave Without Pay
a) Employees who have exhausted all of their personal leave entitlements and are ill or injured may apply for personal leave without pay. Employees are required to complete the necessary application and produce medical evidence to the satisfaction of the Managing Director.
b) Personal leave without pay not exceeding a period of three (3) months in a continuous absence does not affect salary increment dates, anniversary date of
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sick leave credits, long service leave entitlements or annual leave entitlements. Where a period of personal leave without pay exceeds three (3) months in a continuous absence, the period in excess of three (3) months is excised from qualifying service.
c) Personal leave without pay is not available to employees who have exhausted all of their personal leave entitlements and are seeking leave for circumstances outlined in sub-clauses 51.5(a)(ii), 51.5(a)(iii) or 51.5(a)(iv).
51.5. Application for Personal Leave
a) Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to sub-clause 51.3(a) the Managing Director may grant personal leave in the following circumstances:
i) where the employee is ill or injured;
ii) to provide care or support to a member of the employee’s family or household who requires care or support because of an illness or injury to the member; or an unexpected emergency affecting the member;
iii) for unanticipated matters of a compassionate or pressing nature which arise without notice and require immediate attention; or
iv) by prior approval of the Managing Director, having regard for agency requirements and the needs of the employee, planned matters where arrangements cannot be organised outside of normal working hours or be accommodated by the utilisation of flexible working hours or other leave. Planned personal leave will not be approved for regular ongoing situations.
b) Employees must complete the necessary application and clearly identify which of the above circumstances apply to their personal leave request.
c) The definition of family shall be the definition contained in the Equal Opportunity Act 1984 for “relative”. That is, a person who is related to the employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependant on, or is a member of the household of, the employee.
d) Where practicable, the employee must give reasonable notice prior to taking leave. Where prior notice cannot be given, notice must be provided as early as possible on the day of absence. Where possible, an estimate of the period of absence from work shall be provided.
51.6. Evidence
a) An application for personal leave exceeding two (2) consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement.
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b) In general, supporting evidence is not required for single or two (2) consecutive day absences. Where the Managing Director has good reason to believe that the absence may not be reasonable or legitimate, the Managing Director may request evidence to be provided. The Managing Director must provide the employee with reasons for requesting the evidence. The leave shall not be granted where the absence is not reasonable or legitimate.
c) Personal leave will not be granted where an employee is absent from duty because of personal illness directly caused by the misconduct of the employee.
d) Where a Managing Director has occasion for doubt as to the reason for the absence and the application for personal leave is supported by the certificate of a registered medical practitioner, a further certificate from a registered medical practitioner nominated by the Managing Director may be required and if that certificate does not confirm or substantially confirm the certificate of the medical practitioner, the employee making the application for personal leave shall pay the fee due to the nominated medical practitioner in respect of the certificate.
e) Where there is doubt as to the cause of the employee’s illness, the Managing Director may require the employee to submit to a medical examination by a medical practitioner of the Managing Director’s choice, which the employee must attend. Where it is reported that the absence is because of illness caused by the misconduct of the employee, or the employee fails without reasonable cause to attend the medical examination, the fee for the examination must be deducted from the employee’s salary and personal leave will not be granted.
f) i) If the Managing Director has reason to believe that an employee is in such a state of health as to render a danger to themselves, fellow employees or the public, the employee may be required to obtain and furnish a report as to the employee’s condition from a registered medical practitioner or a registered medical practitioner nominated by the Managing Director. The fee for any such examination shall be paid by the Managing Director.
ii) Upon receipt of the medical report, the employer may direct the employee to be absent from duty for a specified period or, if already on leave of absence, direct the employee to continue on leave for a specified period. Such leave shall be regarded as personal leave.
g) i) Upon report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions of imposed by the Commonwealth or State law in respect of that disease, an employee is unable to attend for duty, the employee concerned may be granted personal leave or, at the option of the employee, the whole or any portion of the leave may be deducted from accrued professional allowance leave, annual leave or long service leave.
ii) Leave granted under sub-clause 51.6(g)(i) shall not be granted for any period beyond the earliest date at which it would be practicable for the
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employee to resume duty, having regard to the restrictions imposed by law.
h) Where an employee is ill during the period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the Managing Director that as a result of the illness the employee was confined to their place of residence or a hospital for a period of at least seven (7) consecutive calendar days, the Managing Director may grant personal leave for the period during which the employee was so confined and reinstate annual leave equivalent to the period of confinement.
i) Where an employee is ill during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the Managing Director that as a result of the illness the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the Managing Director may grant personal leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement.
51.7. Other Conditions
a) Where an employee who has been retired from employment on medical grounds resumes duty, personal leave credits at the date of retirement shall be reinstated. This provision does not apply to an employee who has resigned from employment and is subsequently reappointed.
b) Unused personal leave will not be cashed out or paid out when an employee ceases their employment.
51.8. Workers’ Compensation
Where an employee suffers a disability within the meaning of section 5 of the Workers’ Compensation and Injury Management Act 1981 which necessitates that employee being absent from duty, personal leave with pay shall be granted to the extent of personal leave credits. In accordance with section 80(2) of the Workers’ Compensation and Injury Management Act 1981 where the claim for workers’ compensation is decided in favour of the employee, personal leave credit is to be reinstated and the period of absence shall be granted as personal leave without pay.
51.9. Continuous Service
a) For the purposes of this clause “service” shall not include:
i) any period exceeding 14 calendar days during which an employee is absent on leave without pay. In the case of leave without pay which exceeds 14 calendar days, the entire period of such leave without pay is excised in full;
ii) any period which exceeds six (6) months in one continuous period during which an employee is absent on workers’ compensation. Provided that only that portion of such continuous absence which exceeds six months shall not count as “service”;
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iii) any period which exceeds three (3) months in one continuous period during which an employee is absent on personal leave without pay. Provided that only that portion of such continuous absence which exceeds three (3) months shall not count as “service”.
51.10. Portability
Where an employee was, immediately prior to being employed in the public authority, employed in the service of the public service of Western Australia or any other State body of Western Australia and the period between the date when the employee ceased previous employment and the date of commencing employment in the public authority does not exceed one (1) week or such other period as approved by the Managing Director, the Managing Director may credit that employee additional sick leave credits up to those held at the date the employee ceased previous employment.
52. Family and Domestic Violence Leave
52.1. In recognition that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work the employer has agreed to the leave which is the subject of this clause. The employer is committed to providing support to employees that experience family and domestic violence.
52.2. An employee will not be discriminated against or have adverse action taken against them because of their disclosure of, experience of, or perceived experience of, family and domestic violence.
52.3. The employer does not tolerate employees perpetrating family and domestic violence in or from the workplace. Employees must not use work facilities to perpetrate family and domestic violence. Any such conduct is a breach of employment obligations and any employees who do so will face disciplinary action.
Definition of Family and Domestic Violence
52.4. a) The meaning of family and domestic violence is in accordance with the definition of ‘family violence’ in section 5A of the Restraining Orders Act 1997.
b) To avoid doubt, this definition includes behaviour that:
i) is physically or sexually abusive; or
ii) is emotionally or psychologically abusive; or
iii) is economically abusive; or
iv) is threatening; or
v) is coercive; or
vi) in any way controls or dominates the family or household member and causes that person to feel fear for their safety or wellbeing or that of another person; or
vii) causes a child to fear or witness, or otherwise be exposed to the effects of, such behaviour.
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Access to Family and Domestic Violence Leave
52.5. In accordance with the following sub-clauses, an employee, including a casual employee, may make application for leave to deal with activities related to family and domestic violence. The employer will assess each application and give consideration to the personal circumstances of the employee seeking the leave.
52.6. Such activities related to family and domestic violence may include attendance at medical appointments, legal proceedings, counselling, appointments with a medical or legal practitioner, relocation or making other safety arrangements, and other matters of a compassionate or pressing nature related to the family and domestic violence which arise without notice and require immediate attention.
52.7. Subject to clause 52.5 and 52.6, an employee experiencing family and domestic violence will have access to ten (10) non-cumulative days per year of paid family and domestic violence leave, in addition to their existing leave entitlements.
52.8. Upon exhaustion of the leave entitlement in clause 52.7, employees will be entitled to up to two (2) days unpaid family and domestic violence leave on each occasion.
52.9. Family and domestic violence leave does not affect salary increment dates, personal leave, long service leave entitlements or annual leave entitlements.
52.10 Subject to the employer’s approval of the application, family and domestic violence leave may be taken as whole or part days off.
52.11. Application of the leave entitlement for casual employees will apply to the extent of their agreed working arrangements.
Notice and Evidentiary Requirements
52.12. The employee shall give his or her employer notice as soon as reasonably practicable of their request to take leave under this clause.
52.13 Supporting evidence of family and domestic violence may be required to access paid leave entitlements however this should not be onerous on the employee. Leave can be granted without supporting documentation when the manager/supervisor is satisfied that it is not required.
52.14. Evidence may include a document issue by the police, a court, a legal service, a health professional, or a counsellor, a financial institution, a family and domestic violence support service or a refuge service. A statutory declaration may also be provided.
52.15. Such evidence will be dealt with in accordance with the confidentiality provisions in this clause. Only the employee will retain a copy of the evidence and information will not be kept on an employee’s personnel file.
Access to Other Forms of Leave
52.16. Subject to the leave provision of this Agreement, an employee experiencing family and domestic violence may use other leave entitlements.
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52.17. Subject to the employer’s approval of the application, and sufficient leave credits being available, leave may be taken as whole of part days off.
52.18. Forms of other paid leave include:
a) personal/sick leave entitlements; and/or
b) annual leave; and/or
c) accrued long service leave; and/or
d) purchased leave; and/or
e) accrued time off in lieu of overtime, flexi time or banked hours.
52.19. Approval of leave without pay is subject to the provisions of this Agreement and applicable Award.
Confidentiality
52.20. The employer will take all reasonable steps to ensure any information disclosed by employees regarding family and domestic violence is kept strictly confidential. Disclosure will be on a need-to-know basis only and only to maintain safety. Where possible, disclosure will only occur with the express consent of the employee.
52.21. Employers will take reasonable steps to ensure any information or documentation provided by an employee regarding family and domestic violence is kept confidential. Generally speaking, only the employee will retain a copy of evidence for accessing family and domestic violence leave and information will not be kept on an employee’s personnel file.
52.22. Subsequent disclosure within an organisation should be on a need-to-know basis, for example if there is a potential for workplace safety to be impacted and generally with the consent of the employee.
52.23. This clause does not override any legal obligations to disclose information.
Contact Person
52.24. The employer will identify contact/s within the workplace who will be trained in family and domestic violence and associated privacy issues. The employer will advertise the name of any family and domestic violence contacts within the workplace.
Individual Support
52.25. Where there is a risk to the personal health or safety of an employee who is experiencing or has experienced family and domestic violence, the employer, where appropriate, may:
a) facilitate flexible working arrangements, such as changes to hours/days worked, working different days or length of days, changed shift/rostering arrangements, in accordance with the provisions of the Agreement; and/or
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b) make workplace modifications including changes to the employee’s telephone number and email address and, where appropriate/practicable, the employee’s work locations.
52.26. An employee who is experiencing or has experienced family and domestic violence may access confidential counselling support via the employer’s employee assistance program (EAP).
Workplace Safety
52.27. Where an employee raises issues of family and domestic violence the employer should establish with the employee the level of risk and seek advice from their human resources/safety specialist to review and implement specific safety and emergency management systems and plans.
52.28. With the exception of access to the employer’s employee assistance program which is available to all employees, the provisions of this clause are only applicable to employees who are victims of family and domestic violence.
53. Defence Force Reserves Leave
53.1. Entitlement
Subject to College convenience, leave of absence may be granted by the Managing Director to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force for the purpose of attending a training camp, school, class or course of instruction subject to the conditions set out hereunder.
a) Application for leave of absence for the above reasons, will, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the employee will furnish a certificate of attendance to the Managing Director.
b) An employee who is a member of the Defence Force Reserves and the Cadet Force may only be granted leave for attendance at one camp of continuous training and one additional special school, class or course of instruction in the 12 month period.
c) On written application, an employee will be paid salary in advance when proceeding on such leave.
53.2.
Attendance at a Camp for Annual Continuous Obligatory Training
a) An employee may be granted leave for a period not exceeding 75 hours on full pay in any period of 12 months commencing on July 1, in each year.
b) If the Employee-in-Charge of a military unit certifies that it is essential for an employee to be at the camp in an advance or rear party, a maximum of 30 extra hours on full pay may be granted in the 12 month period.
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53.3. Attendance at One Special School, Class or Course of Instruction
a) In addition to the leave granted under sub-clause 53.2 of this clause a period not to exceed 16 calendar days in any period of twelve months commencing on July 1, in each year may be granted by the employer, provided the employer is satisfied that the leave required is for a special purpose, and not for a further routine camp.
b) In this circumstance, an employee may elect to utilise annual leave credits. However, if the leave is not taken from annual leave, salary during the period will be at the rate of the difference between the normal remuneration of the employee as a public sector employee and the defence force payments to which the employee is entitled if such payments do not exceed normal salary. In calculating the pay differential, pay for Saturdays, Sundays and Public Holidays and special rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the employee.
c) Leave without pay will be granted if the defence force payments exceed the normal pay of the employee.
53.4. The provisions of this clause do not apply to casual employees.
53.5. Part-time employees will receive the same entitlement as full-time employees, but payment will only be made for those hours that would normally have been worked but for the leave.
54. Leave Without Pay
54.1. Entitlement
a) Subject to the provisions of sub-clause 54.1(b) of this clause, the Managing Director may grant an employee leave without pay for any period and is responsible for that employee on his/her return.
b) Every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:
i) The work of the employer is not inconvenienced; and
ii) All other leave credits of the employee are exhausted.
c) A temporary employee or an employee on a fixed term appointment may not be granted leave without pay for any period beyond that employee’s approved period of engagement.
d) Any continuous period of leave without pay exceeding 10 working days granted under this clause:
i) does not count as service, and
ii) does not constitute a break in continuous service.
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54.2. Leave without pay for Union Positions
a) A permanent employee who successfully gains employment with the Union will be granted with leave without pay for the duration of any such appointment up to a period of four (4) years. Further leave without pay beyond this period is at the discretion of the College
b) A permanent employee who is elected to the role of President, Senior Vice President, Vice President or General Secretary of the Union will be granted leave without pay for the duration of that term.
c) Arrangements prescribed in clause (a) and (b) are subject to written notification of the Union.
54.3. Leave Without Pay for Full Time Study
a) The employer may grant an employee leave without pay to undertake full time study, subject to a yearly review of satisfactory performance.
b) An application for leave without pay to undertake full-time study may be approved if:
i) The course of study is directly related to the employee’s official duties; or
ii) The course is not available on a part-time basis; or
iii) There is an identified shortage of individuals with skills in the area addressed by the particular course of study; or
iv) It is critical to the continued operation of the College for the employee to undertake the particular course of study.
c) Leave without pay for this purpose will not count as qualifying service for leave purposes.
54.4. Leave Without Pay for Australian Institute of Sport Scholarships
a) Subject to the provisions of sub-clause 54.1(b) the Managing Director may grant an employee who has been awarded a sporting scholarship by the Australian Institute of Sport, leave without pay.
b) Leave without pay for this purpose will count as qualifying service for all purposes except annual leave and professional leave.
55. Long Service Leave
55.1. Entitlement
a) Employees are eligible for 13 weeks of long service leave after seven (7) years of continuous service.
b) Accrued long service leave may be taken in periods of not less than one day.
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c) Where an employee has continuous service in one or more modes of employment, that is casual, fixed term or permanent, the date on which he or she will become entitled to long service leave will be determined by taking into account on a proportional basis the periods of service.
d) Each employee is entitled to an additional 13 weeks of long service leave on full pay for each subsequent period of seven (7) years continuous service completed by him or her.
e) A part-time and casual employee will have the same entitlement to long service leave as full-time employees however payment made during such periods of long service leave will be adjusted according to the hours worked by the employee during that accrual period.
f) An employee who has elected to retire at or over the age of 55 years and who will complete not less than 12 months continuous service before the date of retirement may make application to the employer to take pro-rata long service leave before the date of retirement, based on continuous service of a lesser period than that prescribed by this clause for a long service entitlement.
g) On application to the Managing Director a lump sum payment equivalent of any:
i) accrued long service leave entitlement shall be paid to an employee who resigns, retires, is retired or is dismissed or in respect of an employee who dies;
ii) pro rata long service leave based on continuous service of a lesser period than that provided in sub-clause 55.1(a) shall be made to an employee who retires at or over the age of 55 years, is retired on the grounds of ill health, is retired by the employer for any other reason, or dies. A lump sum payment for pro rata long service leave is also subject to the employee not having completed less than twelve months continuous service.
h) Any Public Holiday occurring during an employee’s absence on long service leave will be deemed to be a portion of the long service leave and extra days in lieu thereof will not be granted.
55.2. Access to pro rata long service leave
a) Subject to clause 55.2(b) employees within seven years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with the Managing Director, choose early access to their long service leave at the rate of 9.28 days per completed 12 month period of continuous service for full-time employees.
b) Early access to pro rata long service leave does not include access to long service leave, which the employee has accumulated or become entitled to, prior to being within seven years of their preservation age.
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c) Under this clause, long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave.
d) Employees may, by agreement with the Managing Director:
i) clear pro rata long service leave in minimum periods of one day; and/or
ii) access pro rata long service leave at half, full or double pay.
e) Any period of leave taken in accordance with this clause will be excised for the purpose of continuous service in accordance with clause 55.6.
55.3. Cashing out Long Service Leave
By written approval of a Managing Director an employee’s accrued long service leave may be paid out (equivalent benefit) instead of taken.
55.4. Half Pay
Subject to the Managing Director’s convenience, a Managing Director may approve an employee’s application to take long service leave on full pay or half pay. In the case of long service leave which falls due on or after 16 March 1988, portions in excess of four weeks shall be in multiples of one (1) week’s entitlement.
55.5.
Double Pay
a) Employees may by agreement with their Managing Director, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.
b) Where employees proceed on long service leave on double pay in accordance with this clause, the entitlement accessed is excised for the purpose of continuous service in accordance with sub-clause 55.6 of this clause.
55.6. Continuous Service
a) For the purpose of determining an employee’s long service leave entitlement, the expression ‘continuous service’ includes any period during which the employee is absent on full pay or part pay from duties in the College, but does not include:
i) any period exceeding two (2) weeks during which the employee is absent on leave without pay or unpaid maternity leave, unpaid adoption leave, unpaid other parent leave, unpaid grandparental leave or unpaid partner leave, except where leave without pay is approved for the purpose of fulfilling an obligation by the Government of Western Australia to provide staff for a particular assignment external to the Public Sector of Western Australia;
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ii) any period during which an employee is taking long service leave entitlement or any portion thereof except in the case of sub-clause 55.7 when the period excised will equate to a full entitlement of 13 weeks;
iii) any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service has actually entitled the employee to the long service leave under this clause;
iv) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave;
v) any service of a Cadet whilst undertaking full time studies.
b) Notwithstanding 55.6 (a) the following periods do not break service but do not count for the purpose of calculating entitlements:
i) term break period for which the employee is not entitled to payment;
ii) up to six (6) months during which the services of a fixed-term contract employee are not required; or
iii) up to six (6) months during which the services of a casual employee are not required.
55.7. Direction to take leave
The Managing Director may direct an employee to take accrued long service leave and may determine the date on which such leave will commence.
55.8. Leave to be cleared within three years
a) Long service leave will be taken within three (3) years of it falling due, at the convenience of the Managing Director. Provided that the Managing Director may approve the deferment of long service leave in exceptional circumstances.
i) Where an employee has not taken an entitlement of long service leave and has not had a deferment approved in accordance with sub-clause 55.8(a) the employee will not accrue any further periods of long service leave until the accrued entitlement is taken.
b) If, at the date of commencement of this Agreement, the employee has an already accrued long service leave entitlement, such long service leave must be taken within three years of the commencement of the Agreement, at the convenience of the Managing Director. Provided that the Managing Director may approve the deferment of long service leave in exceptional circumstances.
i) Where an employee has not taken an accrued entitlement to long service leave and has not had a deferment approved in accordance with subclause 55.8(b) the employee will not accrue any further periods of long service leave until the accrued entitlement is taken.
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c) For the purposes of sub-clauses 55.8(a) and 55.8(b) exceptional circumstances that may warrant deferment of long service leave will include retirement within five years of the date of the entitlement falling due.
d) Approval to defer taking long service leave may be withdrawn or varied at any time by the Managing Director giving the employee notice in writing.
55.9. Compaction of leave
a) An employee who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.
b) An employee who has elected to compact an accrued entitlement to long service leave in accordance with sub-clause 55.9(a) will only take such leave in a period on full pay and the period excised as ‘continuous service’ will be 13 weeks.
55.10. Portability
a) Where an employee was, immediately prior to commencing employment with the College, employed in the service of:
• The Commonwealth of Australia, or
• Any other State Government of Australia, or
• Any public sector body as defined in Section 3 of the Public Sector Management Act 1994;
and the period between the date when the employee ceased previous employment and the date of commencing employment in the College does not exceed one (1) week, that employee will be entitled to long service leave determined in the following manner:
i) the pro rata portion of long service leave to which the employee would have been entitled up to the date of appointment pursuant to the Public Sector Management Act 1994, will be calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment will be deducted from any long service leave to which the employee may become entitled under this clause; and
ii) the balance of the long service leave entitlement of the employee will be calculated upon appointment to the College in accordance with the provisions of this clause.
b) Nothing in this clause confers or will be deemed to confer on any employee previously employed by the Commonwealth or by any other State of Australia
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any entitlement to a complete period of long service leave that accrued in the employee’s favour prior to the date on which the employee commenced employment in the College.
56. Maternity Leave
56.1. This clause replaces the Maternity Leave provisions contained in clause 28 – Maternity Leave of the Teachers (Public Sector Technical and Further Education) Award 1993, and clause 16 – Maternity Leave of the Community Colleges Award 1990.
56.2. Eligibility
a) i) A pregnant permanent, fixed term contract or eligible casual employee is entitled to unpaid Maternity Leave on the birth of a child.
ii) The period of leave for a fixed term contract employee shall not extend beyond the term of that contract.
iii) An employee is eligible, without concluding their Maternity Leave and resuming duty, for subsequent periods of Maternity Leave, including Paid Maternity Leave, in accordance with the provisions of this clause.
b) A pregnant permanent or fixed term employee must have completed twelve months continuous service in the Western Australian public sector as defined under the Public Sector Management Act 1994 immediately preceding the Maternity Leave in order to receive the forms of paid leave as provided for by this clause.
c) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to Paid Maternity Leave in accordance with the eligibility requirements.
56.3.
a) A pregnant eligible casual employee is entitled to unpaid Maternity Leave only.
b) For the purposes of this clause an “eligible casual employee” means a casual employee employed by the employer:
i) on a regular and systematic basis for several periods of employment with a break of no more than three (3) months between each period of employment and where the combined length of the periods of employment are at least twelve months and the breaks of employment were the result of the employer’s initiative; or
ii) on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and, but for the birth or adoption of a child, the employee has a reasonable expectation of continuing engagement on a regular and systematic basis.
c) Service performed by an eligible casual employee for the College shall count as service for the purposes of determining 12 months continuous service as per sub- clauses 56.2 and 56.3 where:
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i) the eligible casual employee has become a permanent or fixed term contract employee with the same employer; and
ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three (3) months.
56.4. Notice Requirements
a) An eligible employee shall give at least four (4) weeks written notice of:
i) their intention to proceed on paid or unpaid Maternity Leave;
ii) the date the employee proposes to commence paid or unpaid Maternity Leave; and
iii) the period of leave to be taken.
b) An employee who has given their employer notice of their intention to take Maternity Leave shall provide the Managing Director with a medical certificate from a registered medical practitioner naming the employee, confirming the pregnancy and the estimated date of birth.
c) An employee is not in breach of sub-clause 56.4(a) by failing to give the required period of notice if such failure is due to the birth of the child taking place prior to the date the employee had intended to proceed on Maternity Leave.
d) An employee proceeding on Maternity Leave may elect to take a shorter period of Maternity Leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided.
56.5. General Entitlement to Maternity Leave
a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Maternity Leave.
b) i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks Paid Maternity Leave that will form part of the 52 week unpaid entitlement;
ii) The 14 week period of Paid Maternity Leave is inclusive of any public holidays falling within that time;
iii) The period of Paid Maternity Leave can be extended by the employee taking double the leave on a half-pay basis and its effect is in accordance with clause 56.15.
c) An employee must take Maternity Leave in one continuous period with the exception of:
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i) Special Temporary Employment or Special Casual Employment pursuant to clause 56.14 – Employment During Unpaid Maternity Leave; and
ii) Clause 56.9 – Unpaid Special Maternity Leave.
d) Except for leave provided under clause 59 - Partner Leave, only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time.
e) Where less than the 52 weeks Maternity Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
f) i) Notwithstanding sub-clause 56.5(c), Paid Maternity Leave may be taken in more than one period by an employee who meets the requirements of sub-clause 56.6(d).
ii) Unpaid Maternity Leave may be taken in more than one continuous period where the employee undertakes special temporary employment or special casual employment in accordance with sub-clause 56.14 –Employment During Unpaid Maternity Leave. In these circumstances, the provisions of sub-clause 56.14 – Employment During Unpaid Maternity Leave, shall apply.
g)
i) Where both employees are employed in the WA Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or parental leave provided for by another industrial agreement can be shared; and
ii) the entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and
iii) the employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the Managing Director or as provided for under sub-clause 56.6(d). This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by Clause 59 - Partner Leave of this Agreement.
56.6. Payment for Paid Maternity Leave
a) i) A full-time employee proceeding on Paid Maternity Leave is to be paid according to their ordinary working hours at the time of commencement of Maternity Leave.
ii) Payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding 12 months; or their ordinary working hours at the time of commencement of Maternity Leave whichever is greater.
b) An employee may elect to receive pay in advance for the period of Paid Maternity Leave at the time the Maternity Leave commences; or may elect to be
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paid the entitlement on a fortnightly basis over the period of the Paid Maternity Leave.
c) An employee in receipt of a higher duties allowance for a continuous period of 12 months immediately prior to commencing Paid Maternity Leave, is to continue to receive the higher duties allowance for the first four (4) weeks of Paid Maternity Leave.
d) An employee is entitled to remain on Paid Maternity Leave if the pregnancy results in other than a live child; or the employee is incapacitated following the birth of the child; or the child dies or is hospitalised such that the employee or the employee’s partner is not providing principal care to the child.
e) Where an employee is on a period of half pay Maternity Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused Paid Maternity Leave equivalent to the period of leave the employee would have accessed had they been on full pay Maternity Leave when their termination occurred.
f) An employee eligible for a subsequent period of Paid Maternity Leave as provided for under sub-clause 56.2(a)(iii) shall be paid the Maternity Leave as follows:
i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of Paid Maternity Leave; and
ii) Not affected by any period of Special Temporary Employment or special casual employment undertaken in accordance with sub-clause 56.14.
56.7. Commencement of Maternity Leave
a) The period of paid leave can commence up to six (6) weeks prior to the expected date of birth of the child.
b) The period of unpaid leave can commence up to six (6) weeks prior to the expected date of birth of the child or earlier if the Managing Director and employee so agree, but must not start later than the birth of the child.
c) i) If the employer has reason to believe that the continued performance of duties by a pregnant employee renders danger to herself, fellow employees or the public, the employee may be required to obtain and provide a medical certificate stating that the employee is fit to work in her present position for a stated period.
ii) The Managing Director shall pay the fee for any such examination.
iii) Where an employee is deemed to be unfit to work in her present position, the provisions of sub-clause 56.8 - Modification of Duties and Transfer to a Safe Job apply.
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d) i) Where the pregnancy of an employee terminates other than by the birth of a living child, not earlier than twenty weeks before the expected date of the birth, the entitlement to Paid Maternity Leave remains intact and subject to the eligibility requirements of this clause.
ii) Such paid Maternity Leave cannot be taken concurrently with any paid personal leave taken in this circumstance.
e) The period of Paid Maternity Leave must be concluded within 12 months of the birth of the child.
f) i) The Managing Director may, in exceptional circumstances, allow an employee to take Paid Maternity Leave that will result in the employee being on Paid Maternity Leave more than 12 months after the birth of the child.
ii) A Managing Director may require evidence that would satisfy a reasonable person that the circumstances warrant allowing the employee to take their period of Paid Maternity Leave such that it would result in the employee being on Paid Maternity Leave more than 12 months after the birth of the child.
56.8. Modification of Duties and Transfer to a Safe Job
a) i) A pregnant employee may work part time in one or more periods whilst she is pregnant where she provides her Managing Director with a medical certificate from a medical practitioner advising that part time employment is, because of her pregnancy, necessary or preferable.
ii) The terms of part time employment undertaken in accordance with subclause 56.8(a)(i) shall be in writing.
iii) Such employment shall be in accordance with the part time employment and parental leave provisions of any relevant Award, agreement or other industrial instrument.
b) In the absence of an alternative requirement, and unless otherwise agreed between a Managing Director and employee, an employee shall provide their Managing Director with four weeks written notice of an intention to:
i) vary part time work arrangements made under sub-clause 56.8(a)(i); or
ii) revert to full time employment during the employee’s pregnancy.
c) An employee reverting to full time employment in accordance with sub-clause 56.8(b)(ii) will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to undertaking part time employment.
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d) If an employee gives her employer a medical certificate from a medical practitioner, or some other form of evidence that would satisfy a reasonable person, and it contains a statement to the effect that the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of:
i) illness, or risks, arising out of her pregnancy; or
ii) hazards connected with that position; then the Managing Director must modify the duties of the position or alternatively transfer the employee to a safe job at the same classification level for the period during which she is unable to continue in her present position.
e) If an employee’s Managing Director does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job:
i) the employee is entitled to be absent from the workplace on full pay for the period during which she is unable to continue in her present position.
ii) An entitlement to be absent from the workplace on full pay as at subclause 56.8(e)(i) applies to an eligible casual employee.
iii) An employee who is absent from work pursuant to this subclause shall be paid the amount she would reasonably have expected to be paid if she had worked during that period.
f) An entitlement to be absent from the workplace on full pay is in addition to any leave entitlement the employee has.
g) An entitlement to be absent from the workplace on full pay ends at the earliest of whichever of the following times is applicable:
i) the end of the period stated in the medical certificate;
ii) if the employee’s pregnancy results in the birth of a living child – the end of the day before the date of birth; or
iii) if the employee’s pregnancy ends otherwise than with the birth of a living child – the end of the day before the end of the pregnancy.
56.9. Unpaid Special Maternity Leave
a) A pregnant employee is entitled to a period of unpaid special maternity leave if the employee is not fit for work during that period because the employee:
i) has a pregnancy related illness; or
ii) has been pregnant and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by a living child; and
iii) has chosen not to utilise paid personal leave entitlements for the period.
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b) An employee must give the employer notice of the taking of unpaid special maternity leave by the employee.
c) The notice must:
i) be given to the employer as soon as practicable (which may be a time after the leave has started; and
ii) advise the employer of the period, or expected period, of the leave.
d) An employee who has given notice of the taking of unpaid special maternity leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in 56.9(a).
e) Without limiting 56.9(d) an employer may require the evidence referred to in that subsection to be a medical certificate.
f) An employee’s entitlement to 12 months of unpaid maternity leave provided in 56.5 is not reduced by the amount of any special maternity leave taken by the employee while the employee was pregnant.
56.10 Interaction with Other Leave Entitlements
a) An employee proceeding on unpaid Maternity Leave may elect to substitute any part of that leave with Professional Allowance Leave, accrued annual leave and/ or accrued long service leave.
b) Where Professional Allowance Leave, annual leave and/or long service leave is substituted that leave shall form part of the 52 weeks Maternity Leave entitlement.
c) An employee proceeding on unpaid Maternity Leave may elect to substitute all or part of that leave with accrued time off in lieu of overtime to which the employee is entitled subject to the provisions of Clause 43– Overtime and Clause 37 – Hours, where applicable.
d) Personal leave is not payable on a period of paid or unpaid Maternity Leave.
e) Where an employee has been unable to redeem a portion of Professional Allowances Leave prior to the end of the calendar year in which it accrues:
i) the period of Professional Allowances Leave shall be used prior to commencing paid maternity leave; and
ii) The period of Professional Allowances Leave will not reduce the paid portion of Maternity Leave.
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56.11. Extended Unpaid Maternity Leave
a) Subject to all other available leave entitlements being exhausted, an employee shall be entitled to apply for leave without pay following Maternity Leave (“extended unpaid Maternity Leave”) to extend their leave by up to two (2) years.
b) Where both parents work for the WA Public Sector the total combined period of extended unpaid Maternity, Adoption and Other Parent Leave shall not exceed two (2) years.
c) The Managing Director is to agree to a request for extended unpaid Maternity Leave unless:
i) the Managing Director is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or
ii) agreeing to the request would have an adverse impact on the conduct of operations or business of the College and those grounds would satisfy a reasonable person.
d) The Managing Director is to give the employee written notice of the Managing Director’s decision on a request for extended unpaid Maternity Leave under subclause 56.11(a) of this clause. If the request is refused, the notice is to set out the reasons for the refusal.
e) An employee who believes their request for extended unpaid Maternity Leave under sub-clause 56.11 has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Managing Director to demonstrate that the refusal was justified in the circumstances.
56.12. Communication During Maternity Leave
a) If the Managing Director makes a decision that will have a significant effect on the status, responsibility level, pay or location of an employee’s position whilst on Maternity Leave, the Managing Director must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position.
b) An employee shall also notify the Managing Director of changes of address or other contact details that might affect the Managing Director’s capacity to comply with sub-clause 56.12(a).
56.13. Replacement Employee
a) Should a replacement employee be engaged, the replacement employee is to be informed prior to engagement of the fixed term nature of the employment and of the rights of the employee, who is being replaced, including that the engagement may be subject to variation according to sub-clause 56.4(d) and ability to extend unpaid Maternity Leave as provided for under sub-clause 56.11.
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56.14. Employment During Unpaid Maternity Leave
a) Special Temporary Employment
i) For the purposes of this subclause, “temporary” means employment of an intermittent nature; for a limited, specified period; and undertaken during unpaid Maternity Leave or extended unpaid Maternity Leave.
ii) Notwithstanding any other provision of the Maternity Leave clause, an employee may be employed by their Managing Director on a temporary basis provided that:
• both parties agree in writing to the special temporary employment;
• public sector employees are only employed on a temporary basis in connection with their substantive office, post or position;
• any such period of service shall not change the employee’s employment status in regard to their substantive employment; and
• any period of special temporary employment shall count as qualifying service for all purposes under the Award and this Agreement.
b) Special Casual Employment
i) For the purposes of sub-clause 56.14, “casual” means employment on an hourly basis for a period not exceeding four (4) weeks in any period of engagement for which a casual loading is paid. It excludes employment undertaken in accordance with sub-clause 56.14(a) – Special Temporary Employment.
ii) An employee may be engaged on special casual employment provided that:
• both parties agree in writing to the special casual employment;
• employees are employed at the applicable level, as specified in clause 20 - Casual;
• in the case of a fixed term contract employee, the period of the casual employment is within the period of the current fixed term contract;
• any such period of service shall not break the employee’s continuity of service nor change the employee’s employment status in regard to their substantive employment; and
• any period of special casual employment shall not count as qualifying service other than with respect to entitlements a casual employee would ordinarily be entitled to for any other purpose under any relevant Award, agreement or industrial instrument.
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c) The provisions of this clause only apply to employment during unpaid Maternity Leave, and extended unpaid Maternity Leave taken in conjunction with Maternity Leave as provided for in sub-clause 56.11.
d) An employer cannot engage an employee in special temporary employment or special casual employment whilst the employee is on a period of Paid Maternity Leave, annual leave, or long service leave taken concurrently with a period of unpaid Maternity Leave.
e) Effect of special temporary employment and special casual employment on unpaid Maternity Leave.
i) Subject to sub-clause 56.14(e)(ii)a period of special temporary employment or special casual employment shall be deemed to be part of the employee’s period of unpaid Maternity Leave or extended unpaid Maternity Leave as originally agreed to by the parties.
ii) An employee who immediately resumes unpaid Maternity Leave or extended unpaid Maternity Leave following the conclusion of a period of special temporary employment or special casual employment:
• is entitled, on written notice, to extend their period of unpaid Maternity Leave or extended unpaid Maternity Leave by the period of time in which they were engaged in special temporary employment or special casual employment; and
• shall give not less than four (4) weeks’ notice in writing to their Managing Director of the new date they intend to return to work and so conclude their period of Maternity Leave or extended unpaid Maternity Leave.
iii) An employee who does not immediately resume their period of unpaid Maternity Leave or extended unpaid Maternity Leave at the conclusion of a period of special temporary employment or special casual employment cannot preserve the unused portion of leave for use at a later date.
56.15. Return to Work on Conclusion of Maternity Leave
a) i) An employee shall confirm their intention in writing to conclude their Maternity Leave not less than four (4) weeks prior to the expiration of Maternity Leave or extended unpaid Maternity Leave.
ii) An employee who intends to return to work on a modified basis in accordance with sub-clause 56.15(d) shall advise their Managing Director of this intention by notice in writing not less than four (4) weeks prior to the expiration of Maternity Leave or extended unpaid Maternity Leave.
b) An employee on return to work following the conclusion of Maternity Leave or extended unpaid Maternity Leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the
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employee’s skill and abilities as the substantive position held immediately prior to proceeding on Maternity Leave.
c) Where an employee was transferred to a safe job or was absent from the workplace on full pay as provided for in sub-clause 56.8, the employee is entitled to return to the position occupied immediately prior to the transfer or their absence from the workplace on full pay.
d) Right to Return to Work on a Modified Basis
i) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position as determined by the Managing Director at the same classification level in accordance with the part time employment provisions of the Award and this Agreement.
ii) An employee may return on a modified basis that involves the employee working on different days or at different times, or both; or on fewer days or for fewer hours or both, than the employee worked immediately before starting Maternity Leave.
e) Right to Revert
i) An employee who has returned on a part time or modified basis in accordance with sub-clause 56.15(d) may subsequently request permission from the employer to resume working on the same basis as the employee worked immediately before starting Maternity Leave or full time work at the same classification level.
ii) A request made under sub-clause 56.15(e) (i) must be in writing and must be made at least four (4) weeks before the day on which the employee wishes to resume working on the same basis as the employee worked immediately before starting Maternity Leave or full time work at the same classification level.
iii) A Managing Director is to agree to a request to revert made under sub-clause 56.15(e)(i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the College and those grounds would satisfy a reasonable person.
iv) A Managing Director is to give the employee written notice of the Managing Director’s decision on a request to revert under sub-clause 56.15(e)(i). If the request is refused, the notice is to set out the reasons for the refusal.
v) An employee who believes their request to revert under sub-clause 56.15(e)(i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Managing Director to demonstrate that the refusal was justified in the circumstances.
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56.16. Effect of Maternity Leave on the Contract of Employment
a) i) Paid Maternity Leave will count as qualifying service for all purposes under the Award and this Agreement.
ii) Qualifying service for any purpose under the Award or this Agreement is to be calculated according to the number of weeks of Paid Maternity Leave that were taken at full pay or would have been had the employee not taken Paid Maternity Leave at half pay. Employees who take Paid Maternity Leave on half pay do not accrue Award, agreement or other entitlements beyond those that would have accrued had they taken the leave at full pay.
b) i) Absence on unpaid Maternity Leave or extended unpaid Maternity Leave shall not break the continuity of service of employees.
ii) Where an employee takes a period of unpaid Maternity Leave or extended unpaid Maternity Leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under the applicable Award or this Agreement. Periods of unpaid leave of 14 days or less shall, however, count for service.
c) An employee on Maternity Leave may terminate employment at any time during the period of leave by written notice in accordance with Clause 22 – Termination of Employment of the Agreement.
d) A Managing Director shall not terminate the employment of an employee on the grounds of the employee’s application for Maternity Leave or absence on Maternity Leave but otherwise the rights of the Managing Director in respect of termination of employment are not affected.
57. Adoption Leave 57.1. Eligibility
a) i) A permanent, fixed term contract or eligible casual employee is entitled to 52 weeks unpaid adoption leave on the placement of a child for adoption as provided for under this clause.
ii) The period of leave granted to a fixed term contract employee shall not extend beyond the term of that contract.
iii) An employee is eligible, without concluding their adoption leave and resuming duty, for subsequent periods of adoption leave, including paid adoption leave, in accordance with the provisions of this clause.
b) A permanent or fixed term contract employee must have completed twelve months continuous service in the Western Australian Public Sector as defined under the Public Sector Management Act 1994 immediately preceding the adoption leave in order to receive the forms of paid leave as provided for by this clause.
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c) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to paid adoption leave in accordance with the eligibility requirements.
d) An eligible casual employee as defined under Clause 56.3 – Maternity Leave of this Agreement is entitled to unpaid Adoption Leave as provided by this clause.
57.2. General entitlement to Adoption Leave
a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Adoption Leave.
b) i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks paid Adoption Leave that will form part of the 52 week unpaid entitlement.
ii) The 14 week period of paid Adoption Leave is inclusive of any public holidays falling within that time.
iii) The period of paid Adoption Leave can be extended by the employee taking double the leave on a half-pay basis and its effect is in accordance with sub- clause 56.16 Maternity Leave;
c) An employee must take Adoption Leave in one continuous period with the exception of special temporary employment or special casual employment pursuant to sub-clause 56.14 – Employment During Unpaid Maternity Leave.
d) Except for leave provided under Clause 59 – Partner Leave only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time.
e) Where less than the 52 weeks Adoption Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
f) Unpaid Adoption Leave may be taken in more than one (1) continuous period where the employee undertakes special temporary employment or special casual employment in accordance with the provisions at sub-clause 56.14 – Employment During Unpaid Maternity Leave. In these circumstances, the provisions of sub- clause 56.14 – Employment During Unpaid Maternity Leave, shall apply.
g) i) Where both employees are employed in the Western Australian Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or Parental Leave provided for by another industrial agreement can be shared; and
ii) The entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and
iii) The employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the employer or as provided for
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under sub-clause 56.6(d) – Maternity Leave. This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by Clause 59 – Partner Leave.
57.3. Payment for Paid Adoption Leave
a) i) A full time employee proceeding on paid Adoption Leave is to be paid according to their ordinary working hours at the time of commencement of Adoption Leave.
ii) Payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding 12 months; or their ordinary working hours at the time of commencement of Adoption Leave, whichever is greater.
b) An employee may elect to receive pay in advance for the period of paid Adoption Leave at the time the Adoption Leave commences or may elect to be paid the entitlement on a fortnightly basis over the period of the paid Adoption Leave.
c) Where an employee is on a period of half pay Adoption Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid Adoption Leave equivalent to the period of leave the employee would have accessed had they been on full pay Adoption Leave when their termination occurred.
d) An employee eligible for a subsequent period of paid Adoption Leave as provided for under sub-clause 57.1(a)(iii) shall be paid the Adoption Leave as follows:
i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of paid Adoption Leave; and
ii) Not affected by any period of special temporary employment or special casual employment undertaken in accordance with sub-clause 56.14 –Employment During Unpaid Maternity Leave.
e) Where less than the 52 weeks Adoption Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
f) An eligible casual employee provided for under sub-clause 57.1(d) is not entitled to paid adoption leave.
g) The “day of placement”, in relation to the adoption of a child by an employee, means the earlier of the following days:
i) the day on which the employee first takes custody of the child for the adoption; or
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ii) the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption.
h) An employee is not entitled to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption:
i) is, or will be, under 16 years old as at the day of placement, or the expected day of placement, of the child; and
ii) has not, or will not have, lived continuously with the employee for a period of six months or more as at the day of placement, or the expected day of placement, of the child; and
iii) is not (otherwise than because of the adoption) a child or stepchild of the employee or the employee’s partner.
i) i) An employee seeking to adopt a child is entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure.
ii) An employee working or residing outside of the Perth metropolitan area is entitled to an additional day’s unpaid leave.
iii) The employee may take any paid leave entitlement to which the employee is entitled to in lieu of this leave.
j) i) If an application for adoption leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid adoption leave is terminated.
ii) Employees may take any other paid leave entitlement to which they are entitled in lieu of the terminated adoption leave or return to work.
57.4. Commencement of Adoption Leave
a) An eligible employee can commence adoption leave from the day of placement of the child.
b) The period of paid adoption leave must conclude within 12 months of the day of placement except under exceptional circumstances as provided under subclause 56.7(e) - Maternity Leave, but as it relates to Adoption Leave.
57.5. Notice and Variation Requirements
a) An employee shall give no less than four (4) weeks written notice to the Managing Director of:
i) the date the employee proposes to commence paid or unpaid adoption leave; and
ii) the period of leave to be taken.
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b) An employee is not in breach of sub-clause 57.5(a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.
c) An employee proceeding on adoption leave may elect to take a shorter period of adoption leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided.
57.6. Other Provisions
The following provisions, as provided under Clause 56 – Maternity Leave have application to Adoption Leave:
a) sub-clause 56.10 – Interaction with Other Leave Entitlements;
b) sub-clause 56.11 – Extended Unpaid Maternity Leave;
c) sub-clause 56.12 – Communication During Maternity Leave;
d) sub-clause 56.13 – Replacement Employee;
e) sub-clause 56.14 – Employment During Unpaid Maternity Leave;
f) sub-clause 56.15 – Return to Work on Conclusion of Maternity Leave; and
g) sub-clause 56.16 – Effect of Maternity Leave on the Contract of Employment.
58. Other Parent Leave
58.1. For the purposes of this clause:
a) The “other parent” may or may not be the biological parent and does not necessarily have to be the partner of the birth parent and has responsibility for the care of the child.
b) The “primary care giver” means the employee will assume the principal role for the care and attention of a child aged under twelve months or a newly adopted child.
c) Only one person can be the primary care giver of the child at any one time.
58.2. Eligibility
a) i) Where an eligible employee, other than an employee entitled to Paid Maternity Leave under sub-clause 56.3 – Maternity Leave or Adoption Leave under sub- clause 57.1 – Adoption Leave, is the other parent and has a responsibility of the care of the child under the age of twelve months or newly adopted child the provisions of this clause will apply.
ii) An employee must be the primary care giver of the child to access paid other parent leave.
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iii) A Managing Director may require an employee to provide confirmation of their primary carer status with evidence that would satisfy a reasonable person.
b) An eligible casual employee, as defined under sub-clause 56.3 - Maternity Leave, is entitled to unpaid Other Parent Leave as provided by this clause.
c) i) A permanent, fixed term contract or eligible casual employee is entitled to 52 weeks unpaid Other Parent Leave in accordance with this clause.
ii) An eligible permanent or fixed term contract employee is entitled to 14 weeks paid Other Parent Leave in accordance with this clause if they are primary care giver of the child.
iii) An employee employed on a fixed term contract shall have the same entitlement to Other Parent Leave; however, the period of leave granted shall not extend beyond the term of that contract.
iv) An employee is eligible, without concluding their Other Parent Leave and resuming duty, for subsequent periods of Other Parent Leave, including paid Other Parent Leave, in accordance with the provisions of this clause.
d) A permanent or fixed term contract employee must have completed 12 months continuous service in the Western Australian Public Sector as defined under the Public Sector Management Act 1994 immediately preceding the Other Parent Leave in order to receive the forms of paid leave as provided for by this clause.
e) An employee on a period of leave without pay unrelated to Maternity Leave, Adoption Leave or Other Parent Leave must resume duties prior to being entitled to paid Other Parent Leave in accordance with the eligibility requirements.
58.3. General Entitlement to Other Parent Leave
a) Subject to the requirements of this clause an eligible employee is entitled to 52 weeks unpaid Other Parent Leave.
b) i) Subject to the requirements of this clause an eligible employee is entitled to 14 weeks paid Other Parent Leave that will form part of the 52 week unpaid entitlement if they are the primary care giver of the child.
ii) The 14 week period of paid Other Parent Leave is inclusive of any public holidays falling within that time.
iii) The period of paid Other Parent Leave can be extended by the employee taking double the leave on a half-pay basis and in its effect is in accordance with sub- clause 56.16 – Effect of Maternity Leave on the Contract of Employment.
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c) An employee must take Other Parent Leave in one continuous period with the exception of special temporary employment or special casual employment pursuant to sub-clause 56.14 – Employment During Unpaid Maternity Leave.
d) Except for leave provided under clause 58.3(f) and Clause 59 – Partner Leave only one parent can proceed on Maternity, Adoption or Other Parent Leave at any one time.
e) Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
f) i) An employee, whose partner is not employed, or is employed and does not intend to take unpaid parental leave for a child under the age of twelve months or placement of a newly adopted child as provided in clause 57 – Adoption Leave of this Agreement, may access unpaid other parent leave where:
(aa) the employee will have a responsibility for the care of a child; and
(bb) the partner has responsibility for the care of the child for the period between the date of birth or placement of the child and the start date of the employee’s leave.
ii) The leave application must ensure that the leave commences within 12 months of the date of birth or placement of the child.
iii) This entitlement forms part of an employee’s 52 week unpaid other parent leave entitlement and may not be extended beyond 24 months after the date of birth or date of placement of a newly adopted child as provided for in clause 57 – Adoption Leave of this Agreement.
g) Unpaid Other Parent Leave may be taken in more than one (1) continuous period where the employee undertakes special temporary employment or special casual employment in accordance with the provisions at sub-clause 56.14 – Employment During Unpaid Maternity Leave. In these circumstances, the provisions of sub- clause 56.14 – Employment During Unpaid Maternity Leave, shall apply.
h) i) Where both employees are employed in the Western Australian Public Sector an entitlement to paid or unpaid Maternity Leave, Adoption Leave or Other Parent Leave or Parental Leave provided for by another industrial agreement can be shared; and
ii) The entitlement provided to the employees shall not exceed the paid Maternity, Adoption or Other Parent Leave quantum for one employee or its half pay equivalent; and
iii) Employees may only proceed on paid and/or unpaid Maternity, Adoption or Other Parent Leave at the same time in exceptional circumstances with the approval of the employer or as provided for under sub-clause
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58.3(i). This does not prevent an employee from taking paid or unpaid Partner Leave as prescribed by Clause 59 – Partner Leave.
i) If both parents work in the public sector and the mother is able to remain on paid Maternity Leave despite her incapacity to be her child’s primary care giver, the employees may choose which parent will access the paid leave.
i) If the mother chooses to remain on Paid Maternity Leave, the other parent may access unpaid Other Parent Leave for the period they are their child’s primary care giver.
ii) If the other parent chooses to be the primary care giver of the child and accesses paid Other Parent Leave the mother may access unpaid Maternity Leave.
iii) Where the other parent accesses paid leave in accordance with this subclause, the mother is entitled to resume Paid Maternity Leave if/when she becomes her child’s primary care giver, subject to the provisions of sub-clause 58.3(i). – Other Parent Leave.
j) An eligible casual employee provided for under sub-clause 58.2(b) of this clause is entitled to unpaid Other Parent Leave only.
58.4. Payment for Paid Other Parent Leave
a) i) A full time employee proceeding on paid Other Parent Leave is to be paid according to their ordinary working hours at the time of commencement of Other Parent Leave.
ii) Payment for a part time employee is to be determined according to an average of the hours worked by the employee over the preceding twelve months; or their ordinary working hours at the time of commencement of Other Parent Leave, whichever is greater.
b) An employee may elect to receive pay in advance for the period of paid Other Parent Leave at the time the Other Parent Leave commences or may elect to be paid the entitlement on a fortnightly basis over the period of the paid Other Parent Leave.
c) An employee is entitled to remain on paid Other Parent Leave where the mother is incapacitated following the birth of the child; or the child dies or is hospitalised such that the employee or the employee’s partner is not providing primary care to the child.
d) Where an employee is on a period of half pay Other Parent Leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid Other Parent Leave equivalent to the period of leave the employee would have accessed had they been on full pay Other Parent Leave when their termination occurred.
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e) An employee eligible for a subsequent period of paid Other Parent Leave as provided for under sub-clause 58.2(c)(iv) shall be paid the Other Parent Leave as follows:
i) According to the employee’s status, classification and ordinary working hours at the time of commencing the original period of paid Other Parent Leave; and
ii) Not affected by any period of special temporary employment or special casual employment undertaken in accordance with sub-clause 56.14 –Employment During Unpaid Maternity Leave.
f) Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
g) An eligible casual employee provided for under sub-clause 58.2(b) is not entitled to paid Other Parent Leave.
58.5. Commencement of Other Parent Leave
a) An eligible employee who has responsibility for the care of the child can commence Other Parent Leave from the child’s birth date or placement, or a later date nominated by the employee.
b) The period of paid Other Parent Leave must conclude within 12 months of the birth or placement of the child except under exceptional circumstances as per sub-clause 56.7(e) - Maternity Leave, but as it relates to Other Parent Leave.
58.6. Notice and Variation Requirements
a) An employee shall give no less than four (4) weeks written notice to the Managing Director of:
i) the date the employee proposes to commence paid or unpaid Other Parent Leave; and
ii) the period of leave to be taken.
b) i) An employee is not in breach of sub-clause 58.6(a) by failing to give the required period of notice if such failure is due to the requirement of the employee to take on the role of primary care giver due to the birth parent or other adoptive parent being incapacitated to take on the principal caring role.
ii) In such circumstances the employee shall give notice as soon as reasonably possible.
c) The granting of leave under this clause is subject to the employee providing the Managing Director with evidence that would satisfy a reasonable person detailing the reasons for and the circumstances under which the leave application is made and the relationship the employee has with the child.
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d) An employee proceeding on Other Parent Leave may elect to take a shorter period of Other Parent Leave to that provided by this clause and may at any time during that period elect to reduce or seek to extend the period stated in the original application, provided four weeks written notice is provided.
58.7. Other Provisions
The following provisions, as provided under Clause 56– Maternity Leave have application to Other Parent Leave:
a) sub-clause 56.10 – Interaction with Other Leave Entitlements;
b) sub-clause 56.11 – Extended Unpaid Maternity Leave;
c) sub-clause 56.12 – Communication During Maternity Leave;
d) sub-clause 56.13 – Replacement Employee;
e) sub-clause 56.14 – Employment During Unpaid Maternity Leave;
f) sub-clause 56.15 – Return to Work on Conclusion of Maternity Leave; and
g) sub-clause 56.16 – Effect of Maternity Leave on the Contract of Employment.
59. Partner Leave
59.9. An employee who is not taking maternity leave, adoption leave or other parent leave is entitled to one week’s partner leave as prescribed by this clause in respect of the:
a) birth of a child to the employee or the employee’s partner; or
b) adoption of a child who is not the natural child or the stepchild of the employee or the employee’s partner; is under the age of 16; and has not lived continuously with the employee for six (6) months or longer.
59.2. An employee who is not taking parental leave with respect to the birth of a child to their partner shall be entitled to a period of partner leave of up to one week at the time of the child’s birth. In the case of adoption of a child this period shall be increased to up to three (3) weeks unpaid leave.
59.3. Subject to available credits, the entitlement to partner leave may be taken as:
a) paid personal leave, subject to clause 59.7;
b) annual leave and/or long service leave;
c) paid accrued time off in lieu of overtime; and/or
d) unpaid partner leave.
59.4. Partner leave must be taken immediately following the birth or, in the case of adoption, the placement of the child.
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59.5. a) Subject to clause 59.5(b), the taking of partner leave by an employee shall have no effect on their Partner’s entitlement, where applicable, to access paid maternity leave as provided by clause 56 – Maternity Leave, paid adoption leave as provided by Clause 57 – Adoption Leave and paid other parent leave as provided by Clause 58 – Other Parent Leave of this Agreement.
b) Where applicable, unpaid partner leave taken by an employee shall be counted as part of the employee’s other parent leave entitlement.
59.6. Any public holidays that fall during partner leave shall be counted as part of the partner leave and do not extend the period of partner leave.
Personal Leave
59.7. An employee may access their accrued personal leave entitlements for partner leave purposes, subject to the requirements of the Minimum Conditions of Employment Act 1993 being met. That is, a minimum of 75 hours personal leave must be kept available for an employee to access for the purposes of an employee’s entitlement to paid leave for illness or injury; or carer’s leave.
59.8 The right to access personal leave credits for partner leave purposes does not affect an employee’s right to take more than five days personal leave for the purposes provided for in clause 51 – Personal Leave of this Agreement.
Right to Request Additional Unpaid Partner Leave
59.9 a) The total period of partner leave provided by this clause shall not exceed eight weeks.
b) An employee is entitled to request an extension to the period of partner leave up to a maximum of eight weeks. The additional weeks’ leave shall be unpaid and the eight week maximum is inclusive of any period of partner leave already taken in accordance with clause 59.2.
59.10 a) The extended unpaid partner leave may be taken in separate periods. Unless the Managing Director agrees, each period must not be shorter than two weeks.
b) Any period of extended unpaid partner leave under sub-clause 59.9 must be concluded within twelve months of the birth or placement of a child.
59.11. The Managing Director is to agree to an employee’s request to extend their partner leave under sub-clause 59.9(b) unless:
a) having considered the employee’s circumstances, the Managing Director is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or
b) there are grounds to refuse the request relating to its adverse effect on the College’s business and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:
i) cost;
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ii) lack of adequate replacement staff;
iii) loss of efficiency; and
iv) impact on the production or delivery of products or services by the College.
59.12. The Managing Director is to give the employee written notice of the Managing Director’s decision on a request for extended partner leave. If the employee’s request is refused, the notice is to set out the reasons for the refusal.
59.13. An employee who believes their request for extended partner leave has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Managing Director to demonstrate that the refusal was justified in the circumstances.
59.14. Where the Managing Director agrees to an employee’s request to extend their period of unpaid partner leave under clause 59.9, the Managing Director must allow an employee to elect to substitute any part of that period of unpaid partner leave with accrued annual leave, long service leave or time off in lieu of overtime.
59.15. An employee on unpaid partner leave is not entitled to paid personal leave.
Notice
59.16
a) The employee shall give not less than four weeks’ notice in writing to the Managing Director of the date the employee proposes to commence partner leave, stating the period of leave to be taken.
b) An employee who has given their Employer notice of their intention to take partner leave shall provide the Employer with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner, confirming the pregnancy and the estimated date of birth.
59.17. The taking of partner leave by an employee shall have no effect on their or their partner’s entitlement, where applicable, to paid parental leave under this clause.
Effect of Partner Leave on Contract of Employment
59.18. The provisions of clause 56.16 of the maternity leave clause of this Agreement concerning the effect of maternity leave on the contract of employment shall apply to employees accessing partner leave, with such amendment as necessary.
Eligible Casual Employees
59.19. An eligible casual employee, as defined in clause 56.3 of the maternity leave clause of this Agreement, is only entitled to unpaid partner leave.
60. Unpaid Grandparental Leave
60.1. For the purposes of this clause “primary care giver” means the employee who will assume the principal role for the care and attention of a grandchild.
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60.2. An employee is entitled to a period of up to 52 weeks continuous unpaid grandparental leave in respect of the:
a) birth of a grandchild of the employee; or
b) adoption of a grandchild of the employee, being a child who is not the grandchild or grand-stepchild of the employee, is under the age of five (5) and has not lived continuously with its adoptive parents for six (6) months or longer.
60.3. Primary Care Giver Status
a) An employee is only entitled to grandparental leave if they are or will be the primary care giver of a grandchild.
b) Determination of primary care giver status shall be made by reference to the provision of care during what would be the employee’s ordinary hours of work had the employee not been providing care to their grandchild.
c) A Managing Director may require an employee to provide confirmation of their primary care giver status. Where a Managing Director requires an employee to confirm their status as the primary care giver of a grandchild, the employee is to provide the Managing Director with evidence that would satisfy a reasonable person of the entitlement to unpaid grandparental leave.
60.4. Commencement, Notice and Variation of Leave
Commencement of unpaid grandparental leave may occur any time within 24 months following the birth or placement of the employee’s grandchild.
60.5. a) The employee shall give not less than four (4) week’s notice in writing to the Managing Director of the date the employee proposes to commence unpaid grandparental leave, stating the period of leave to be taken.
b) The notice period in sub-clause 60.5(a) may be waived by the Managing Director in exceptional circumstances.
60.6. An employee may request and a Managing Director may agree to an employee taking grandparental leave on a part time basis provided:
a) the employee is their grandchild’s primary care giver on those days for which care is provided by the employee; and
b) the employee’s leave concludes no later than 52 weeks after the commencement of the period of grandparental leave.
60.7. Other Entitlements
The following provisions contained in Clause 56 – Maternity Leave of this Agreement shall be read in conjunction with this clause, with such amendment as is necessary.
a) sub-clause 56.12(a) – Communication During Maternity Leave.
b) sub-clause 56.13 – Replacement Employee.
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c) sub-clauses 56.15(a)(ii) and 56.15(b) – Return to Work on Conclusion of Maternity Leave.
d) sub-clause 56.16 – Effect of Maternity Leave on the Contract of Employment.
60.8. The entitlement to grandparental leave is as prescribed in this clause. Other than as specified in sub-clause 60.7, an employee has no entitlement to the provisions contained in Clause 56 – Maternity Leave of this Agreement with respect to the birth or adoptive placement of their grandchild.
61. Superannuation on Unpaid Parental Leave
61.1. In this clause, “unpaid parental leave” means:
a) Unpaid maternity leave, which includes unpaid maternity leave, unpaid special maternity leave and extended unpaid maternity leave under clause 56;
b) Unpaid adoption leave under clause 57; and
c) Unpaid other parent leave under clause 58 of this Agreement.
61.2. An employee or eligible casual employee who is entitled to unpaid parental leave is entitled to have superannuation contributions made in respect of the period of unpaid parental leave taken to a maximum of 12 weeks.
61.3. Superannuation contributions made under this clause will be calculated;
a) in respect of the period of unpaid maternity leave, unpaid adoption leave or unpaid other parent leave taken or 12 weeks, whichever is lesser;
b) based on the amount that would have been paid to the employee had they taken paid maternity leave, paid adoption leave or paid other parent leave for that period and in accordance with the following:
i) for full-time employees – the ordinary working hours at the time of commencement of parental leave;
ii) for part-time employees – an average of the hours worked by the employee over the preceding 12 months; or their ordinary working hours at the time of commencement of parental leave, whichever is the greater; or
iii) for eligible casual employees – an average of the hours worked by the eligible casual employee over the preceding 12 months; exclusive of shift and weekend penalties.
61.4. Superannuation contributions will be paid:
a) To the employee’s superannuation fund in respect of which superannuation contributions for that employee are made; and
b) at a time that the period of unpaid parental leave in respect of which the contributions are payable concludes.
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61.5. Superannuation contributions will be made in accordance with the State Superannuation Act 2000 and the State Superannuation Regulations 2001.
62. Professional Allowance Leave Entitlements
62.1. A lecturer is entitled to four (4) weeks paid professional allowance leave during each calendar year of service.
62.2. A lecturer who is employed after January 1 in a year is entitled to pro rata professional allowance leave for that year calculated on the same basis as pro rata annual leave in Clause 45 - Annual Leave.
62.3. The provisions of this clause do not apply to casual employees.
62.4. Professional allowance leave will be taken during the calendar year in which it accrues and cannot be accrued from year to year.
63. Study Leave
63.1. Financial Assistance
To ensure the maintenance of a trained public sector, a Managing Director may reimburse an employee for the full or any part of any reasonable cost of enrolment fees, HECS-HELP, compulsory text books, compulsory computer software and other necessary study materials for studies commenced during their employment.
a) In every case, the reimbursement of such costs will be subject to:
i) Employees making satisfactory progress with their studies;
ii) The course being an approved course as defined in sub-clause 63.3;
iii) The course being of value to the College; and
iv) The Managing Director’s discretion when the course is only relevant to the employee’s career in the Public Sector and being of value to the State.
b) Half of the value of the agreed costs shall be reimbursed immediately following production of written evidence of enrolment and costs incurred, and the remaining half shall be reimbursed following production of written evidence of successful completion of the subject for which reimbursement has been claimed.
c) The Managing Director and employee may agree to alternative reimbursement arrangements.
d) A service agreement or bond will not be required.
63.2. Study Leave
a) An employee may be granted time off with pay for study purposes at the discretion of the Managing Director.
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b) In every case the approval of time off to attend lectures and tutorials will be subject to:
i) the Managing Director’s convenience;
ii) employees undertaking an acceptable formal study load in their own time;
iii) employees making satisfactory progress with their studies;
iv) the course being an approved course as defined by sub-clause 63.3;
v) the course being of value to the College; and
vi) the Managing Director’s discretion when the course is only relevant to the employee’s career in the Public Sector and being of value to the State.
c) Employees are not eligible for study leave if they have previously received study leave for an approved course from their Managing Director. Further study leave towards additional qualifications may, however, be granted in special cases, at the discretion of the Managing Director.
d) Part-time employees are entitled to study leave on the same basis as full-time employees, with their entitlement calculated on a pro rata basis. Employees working shift work or on fixed term contracts have the same access to study leave as all other employees.
e) Time off with pay may be granted up to a maximum of five (5) hours per week including travelling time, where subjects of approved courses are available during normal working hours, or where approved study by flexible delivery is undertaken.
f) Employees who are obliged to attend educational institutions for compulsory block sessions or practica may be granted time off with pay, including travelling time, up to the maximum annual amount allowed in sub-clause 63.2(e).
g) Where an employee is undertaking approved study that is delivered flexibly, via distance education and/or is not required to attend formal classes, a Managing Director may allow the employee to access study leave up to the maximum annual amount allowed in sub-clause 63.2(e).
h) Employees shall be granted sufficient time off with pay to travel to and sit for the examinations of any approved course of study.
i) An acceptable part-time study load should be regarded as not less than five (5) hours per week of formal tuition with at least half of the total formal study commitment being undertaken in the employee’s own time, except in special cases such as where the employee is in the final year of study and requires less time to complete the course, or the employee is undertaking the recommended part-time year or stage and this does not entail five (5) hours formal study.
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j) In cases where employees are studying subjects which require fortnightly classes the weekly study load should be calculated by averaging over two (2) weeks the total fortnightly commitment.
k) In Colleges which are operating on flexi-time, time spent attending or travelling to or from formal classes for approved courses between 8.15 am and 4.30 pm, less the usual lunch break, and for which “time off” would usually be granted, is to be counted as credit time for the purpose of calculating total hours worked per week.
l) Travelling time returning home after lectures or tutorials is to be calculated as the excess time taken to travel home from such classes, compared with the time usually taken to travel home from the employee’s normal place of work.
m) An employee shall not be granted more than five (5) hours’ time-off with pay per week except in exceptional circumstances where the employer may decide otherwise.
n) Time off with pay for those who have failed a unit or units may be considered for one (1) repeat year only.
o) An employee performing service with the Australian Defence Force and accessing defence force reserves leave is not entitled to study leave as provided by sub-clause 53.1. – Defence Force Reserves Leave.
p) A service agreement or bond will not be required.
63.3. Approved Courses for Study Purposes
a) For the purposes of sub-clauses 63.1(a) and 63.2, the following are approved courses:
i) Degree or associate diploma courses at a university within Australia;
ii) Degree or diploma courses at an authorised non-university institution;
iii) Diploma courses provided by registered training organisations, including TAFE;
iv) Two-year full-time certificate courses provided by registered training organisations, including TAFE;
v) Courses recognised by the National Accreditation Authority for Translators and Interpreters Ltd in a language relevant to the needs of the public sector; and
vi) Secondary courses leading to the Western Australian Certificate of Education (WACE) or courses preparing students for the mature age entrance conducted by the Tertiary Institutions Service Centre.
b) For the purposes of sub-clause 63.3:
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i) The term ‘university’ includes recognised Australian universities and recognised overseas universities as defined by the Higher Education Act 2004 (WA); and
ii) An authorised non-university institution is a non-university institution that is authorised under the Higher Education Act 2004 (WA) to provide a higher education course.
c) A registered training organisation is an organisation that is registered with the Training Accreditation Council or equivalent registering authority and complies with the nationally agreed standards set out in the Australian Quality Training Framework (AQTF).
d) An employee who has completed a diploma through TAFE is eligible for study assistance to undertake a degree course at a university within Australia or an authorised non-university institution.
e) An employee who has completed a two year full-time certificate through TAFE is eligible for study assistance to undertake a diploma course specified in sub-clause 63.3(a)(iii) or a degree or diploma course specified in sub-clauses 63.3(a)(i) or 63.3(a)(ii).
63.4. Full Time Study
a) Subject to the provisions of sub-clause 63.4(b) the Managing Director may grant an employee full time study leave with pay to undertake:
i) post graduate degree studies at Australian or overseas Tertiary education institutions; or
ii) study tours involving observations and/or investigations; or
iii) a combination of postgraduate studies and study tour.
b) Applications for full time study leave with pay are to be considered on their merits and may be granted provided that the following conditions are met:
i) The course or a similar course is not available locally. Where the course of study is available locally, applications are to be considered in accordance with the provisions of sub-clauses 63.2 and 63.3 and the Leave Without Pay provisions in Clause 54 – Leave Without Pay.
ii) It must be a highly specialised course with direct relevance to the employee’s profession.
iii) It must be highly relevant to the College’s corporate strategies and goals.
iv) The expertise or specialisation offered by the course of study should not already be available through other employees employed within the College.
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v) If the applicant was previously granted study leave, studies must have been successfully completed at that time. Where an employee is still under a bond, this does not preclude approval being granted to take further study leave if all the necessary criteria are met.
vi) A fixed term contract employee may not be granted study leave with pay for any period beyond that employee’s approved period of engagement.
c) Full time study leave with pay may be approved for more than 12 months subject to a yearly review of satisfactory performance.
d) Where an outside award is granted and the studies to be undertaken are considered highly desirable by a Managing Director, financial assistance to the extent of the difference between the employee’s normal salary and the value of the award may be considered. Where no outside award is granted and where a request meets all the necessary criteria then part or full payment of salary may be approved at the discretion of the Managing Director.
e) The Managing Director supports recipients of coveted awards and fellowships by providing study leave with pay. Recipients normally receive as part of the award or fellowship; return airfares, payment of fees, allowance for books, accommodation or a contribution towards accommodation.
f) Where recipients are in receipt of a living allowance, this amount should be deducted from the employee’s salary for that period.
g) Where the Managing Director approves full time study leave with pay the actual salary contribution forms part of the College’s approved average staffing level funding allocation. Managing Directors should bear this in mind if considering temporary relief.
h) Where study leave with pay is approved and the Managing Director also supports the payment of transit costs and/or an accommodation allowance, the Managing Director will gain approval for the transit and accommodation costs as required.
i) Where employees travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the Managing Director together with some local transit and accommodation expenses providing it meets the requirements of sub-clause 63.4(b). Each case is to be considered on its merits.
j) The period of full-time study leave with pay is accepted as qualifying service for leave entitlements and other privileges and conditions of service prescribed for employees under this Agreement.
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64. Witness and Jury Service
64.1. Witness
a) An employee subpoenaed or called as a witness to give evidence in any proceeding will as soon as practicable notify the manager/supervisor who will notify the Managing Director.
b) Where an employee is subpoenaed or called as a witness to give evidence in an official capacity that employee will be granted by the Managing Director leave of absence with pay, but only for such period as is required to enable the employee to carry out duties related to being a witness. If the employee is on any form of paid leave, the leave involved in being a witness will be reinstated, subject to the satisfaction of the employer. The employee is not entitled to retain any witness fee but will pay all fees received into Consolidated Revenue Fund. The receipt for such payment with a voucher showing the amount of fees received will be forwarded to the Managing Director.
c) An employee subpoenaed or called as a witness to give evidence in an official capacity will, in the event of non-payment of the proper witness fees or travelling expenses as soon as practicable after the default, notify the Managing Director.
d) An employee subpoenaed or called as a witness on behalf of the Crown, not in an official capacity will be granted leave with full pay entitlements. If the employee is on any form of paid leave, this leave will not be reinstated as such witness service is deemed to be part of the employee’s civic duty. The employee is not entitled to retain any witness fees but will pay all fees received into Consolidated Revenue Fund.
e) An employee subpoenaed or called as a witness under any other circumstances other than specified in sub-clauses 64.1(b) and 64.1(d) of this clause will be granted leave of absence without pay except when the employee makes an application to clear accrued leave in accordance with Award provisions.
64.2. Jury
a) An employee required to serve on a jury will as soon as practicable after being summoned to serve, notify the supervisor/manager who will notify the Managing Director.
b) An employee required to serve on a jury will be granted by the Managing Director leave of absence on full pay, but only for such period as is required to enable the employee to carry out duties as a juror.
65. International, National and State Sporting Events
65.1. Leave with pay not exceeding ten days in any one year may be granted by the College to a staff member chosen to represent Australia or his/her State as a competitor or official at a sporting event, provided that:
a) it is a recognised sport of national significance at State level;
b) it is a recognised international amateur sport of national significance; or
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c) it is a world or international regional competition; and
d) no contribution is made by the sporting organisation towards to normal salary of the employee.
65.2. The Managing Director shall make enquiries with the Department Local Government, Sport and Cultural Industries:
a) whether the application meets the above criteria;
b) the period of leave to be granted.
66. Attendance at Aboriginal Meetings
66.1. Employees selected as delegates to meetings convened under the Aboriginal Affairs Planning Authority Act 1972 per sub-clause 66.4 may be granted leave with pay to attend such meetings held during work hours.
66.2. The granting of leave will be subject to the Managing Director’s convenience and under no circumstances will the absence of the employee granted leave cause the College any additional expense.
66.3. Employees granted paid leave for this purpose who are paid fees and allowances as entitlements to members of boards and committees will be liable to the Managing Director to the extent of any payments for that leave.
66.4. Paid leave may be granted for attendance at meetings of the:
a) Aboriginal Advisory Council of Western Australia.
b) Aboriginal Lands Trust.
c) Aboriginal Affairs Coordinating Committee.
66.5. Application for leave to attend meeting/s of bodies of other than those specified in subclause 66.4 will only be provided if the Aboriginal Affairs Planning Authority confirms that the meeting/s are convened pursuant to the Aboriginal Affairs Planning Authority Act 1972
66.6. Paid leave will not be granted for attendance at meetings of incorporated bodies.
67. Leave for Emergency Services
67.1. Subject to sub-clause 67.2, employees who are volunteer members of the State Emergency Service, St John Ambulance Australia, Volunteer Fire and Rescue Services Association of WA, Volunteer Marine Rescue Western Australia, Department of Fire & Emergency Services or the Bush Fire Brigades may be granted special leave with pay for absence from duty to attend an emergency.
67.2. The granting of such paid leave will be subject to:
a) The employee is not needed for the College’s own essential operations and/or emergency services; and
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b) The voluntary organisation requiring the employee’s services certifies that the person is or was required for the period of paid leave.
67.3. The Managing Director may approve leave to attend emergency services training or practice sessions on a leave without pay basis but any application for paid leave for this purpose will be considered on its merits.
68. Leave to Attend Local Government Meetings
An employee who is a local government councillor may be granted paid leave to attend regular council meetings and standing committee meetings held during working hours provided that in considering such application the Managing Director will have regard for the convenience of such absence and will not approve any such leave if any additional cost to the College is or may be incurred.
69. Leave for Candidate for Election to Parliament
69.1. State Parliament
a) An employee who nominates as a candidate for election as a member of either House of Parliament of the State will apply for leave which will commence no later than the date on which nomination for candidates close and which will terminate no earlier than the due date on which the election is conducted.
b) The employer will approve leave for the employee and the leave will be deducted from accrued annual leave or long service leave or granted without pay.
c) An employee who is not elected at a parliamentary election will resume duty with the employer on the working day next following the date on which the approved leave expires.
d) An employee who is elected at a Parliamentary election will resign from his or her position with effect from a date which is no later than the close of business on the working day immediately preceding the date on which the employee becomes entitled to receive the salary payable as a Member of Parliament.
69.2. Commonwealth Parliament
a) In accordance with Section 44 of the Commonwealth of Australia Constitution Act, an employee who intends to nominate as a candidate for election as a member of either House of Parliament of the Commonwealth will resign from his or her position before nomination.
b) Where the Managing Director is satisfied that a person who was an employee:
i) resigned pursuant to hereof;
ii) was a candidate in that election for Parliament; and
iii) was not elected at the election,
the Managing Director may, on application by that person within two months of the declaration of the results of the election, re-appoint that person.
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c) A person re-appointed pursuant to sub-clause 69.2(b) will be appointed on the same classification and at the same salary level that was paid immediately before the resignation took effect and will be deemed to have continued in employment on leave without pay during the period from the day on which the resignation took effect, to and including the day immediately preceding the day the person was re- appointed.
70. Public Holidays
70.1. The following days are paid public holidays:
New Year’s Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday, Easter Sunday, Anzac Day, Western Australia Day, Labour Day, Sovereign’s Birthday, Christmas Day and Boxing Day.
70.2. Whenever any of these days falls on a Saturday or a Sunday, except Easter Sunday, the holiday is observed on the next succeeding Monday, or in the case of Boxing Day falling on a Sunday or Monday, on the next succeeding Tuesday.
70.3. Subject to sub-clause 70.4, by agreement with the employee, the Managing Director may approve the taking of another day in lieu of any of the above mentioned holidays.
70.4. Easter Tuesday may only be taken as a day in lieu during non-teaching time. Easter Tuesday can be added to annual leave or taken individually but must be taken in the year in which it occurs. Under no circumstances should this day be allowed to accrue.
71. Leave to Attend Union Business
71.1. The Managing Director shall grant paid leave during ordinary working hours to an employee:
a) who is required to give evidence before any industrial tribunal;
b) who as a Union nominated representative of employees is required to attend negotiations and/or conferences between the Union and the College;
c) when prior agreement between the Union and employer has been reached for the employee to attend official Union meetings preliminary to negotiations or industrial hearings; or
d) who as a Union nominated representative of employees is required to attend joint union/management consultative committees or working parties.
71.2. The granting of leave pursuant to sub-clause 71.1, shall only be approved:
a) where an application for leave has been submitted by an employee, such application to be submitted in reasonable time in advance;
b) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; and
c) for those employees whose attendance is essential.
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71.3. Leave of absence will be granted at the ordinary rate of pay.
71.4. The Managing Director shall not be liable for any expenses associated with an employee attending to Union business.
71.5. Leave of absence granted under this clause shall include any necessary travelling time in normal working hours.
71.6. Nothing in this clause shall diminish the existing arrangements relating to the granting of paid leave for Union business.
71.7. An employee shall not be entitled to paid leave to attend Union business other than as prescribed by this clause.
71.8. The provisions of this clause shall not apply to special arrangements between the parties which provide for unpaid leave for employees to conduct Union business.
71.9. The provisions of this clause shall not apply when an employee is absent from work without the approval of the Managing Director.
71.10. The granting of leave pursuant to the provisions of sub-clause 71.1 is subject to operation of the College not being unduly affected.
72. Trade Union Training Leave
72.1. To assist in the promotion of good industrial relations and efficient operations within the College and subject to the provisions of this clause:
a) The Managing Director shall grant paid leave of absence to employees who are nominated by the Union to attend short courses conducted or approved by the Australian Trade Union Training Institute or its legal successors.
b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time approved by agreement between the Managing Director and the Union.
72.2. An employee shall be granted up to a maximum of five days paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five (5) days and up to 10 days may be granted to the employee in any one calendar year provided that the total leave granted in that year and in the subsequent year does not exceed 10 days.
72.3. Leave of absence will be granted at the ordinary rate of pay.
72.4. When a public holiday or college vacation falls during the duration of a course, a day off in lieu of that day will not be granted.
72.5. The granting of leave pursuant to the provisions of sub-clause 72.1 of this clause is subject to the operation of the college not being unduly affected and to the convenience of the Managing Director.
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a) Any application by the employee shall be submitted to the Managing Director for approval at least four (4) weeks before the commencement of the course, provided that the Managing Director may agree to a lesser period of notice.
b) All applications for leave shall be accompanied by a statement from the Union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the authority which is conducting the course.
72.6. A qualifying period of twelve months employment shall be served before an employee is eligible to attend courses or seminars of more than a half-day duration. The Managing Director may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than twelve months service.
72.7. The Managing Director shall not be liable for any expenses associated with an employee’s attendance at trade union training courses.
72.8. Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course.
Part 7 Transfers, Travelling and Working Away from Usual Place of Work
73. Camping Allowance
73.1. An employee, who is stationed in a camp of a permanent nature, will be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule F - Camping Allowance of this Agreement for each day spent camping.
73.2. An employee who is stationed in a camp - other than a permanent camp - or is required to camp out, will be paid the appropriate allowance prescribed by Item (3) or Item (4) of Schedule F - Camping Allowance of this Agreement for each day spent camping.
73.3. Employees who occupy a house will not be entitled to allowances prescribed by this clause.
73.4. Employees accommodated at a government institution, hostel or similar establishment will not be entitled to allowances prescribed by this clause.
73.5. Where an employee is provided with food and/or meals by the College free of charge, then the employee will only be entitled to receive half the appropriate allowance to which the employee would otherwise be entitled for each day spent camping.
73.6. a) An employee will not be entitled to receive an allowance under this Agreement for periods in excess of 91 consecutive days unless the Managing Director otherwise determines. Provided that where an employee is reimbursed under the provisions of Clause 81 - Travelling Allowance of this Agreement, then such periods will be included for the purposes of determining the 91 consecutive days.
b) Any determination by a Managing Director under sub-clause 73.6(a) will be in accordance with Schedule F – Camping Allowance of this Agreement.
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73.7. When camping, an employee will be paid the allowance on Saturdays and Sundays if available for work immediately preceding and succeeding such days and no deduction will be made under these circumstances when an employee does not spend the whole or part of the weekend in camp, unless the employee is reimbursed under the provisions of Clause 81 - Travelling Allowance of this Agreement.
73.8. a) This clause will be read in conjunction with Clause 78 - Relieving Allowance of this Agreement and Clause 81 - Travelling Allowance of this Agreement for the purpose of paying allowances, and camping allowance will not be paid for any period in respect of which travelling, transfer or relieving allowances are paid. Where portions of a day are spent camping, the formula contained in Clause 81 - Travelling Allowance of this Agreement will be used for calculating the portion of the allowance to be paid for that day.
b) For the purposes of this sub-clause arrival at headquarters will mean the time of actual arrival at camp. Departure from headquarters will mean the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the latter.
73.9. Employees in receipt of an allowance under this clause will not be entitled to receive the incidental allowance prescribed by Clause 81 - Travelling Allowance of this Agreement.
73.10. Whenever an employee provided with a caravan is obliged to park the caravan in a caravan park he or she will be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.
73.11. Where an employee, who is not supplied with camping equipment by the College, hires such equipment as is reasonable and necessary, he or she will be reimbursed such hire charges, in addition to the payment of camping allowances.
74. District Allowance
74.1. Boundaries
For the purpose of the Schedule A - District Allowance contained at the end of this Agreement the boundaries of the various districts will be as described hereunder and as delineated on the plan in this schedule.
District:
1. The area within a line commencing on the coast; thence east along lat. 28 to a point north of Tallering Peak, thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of lat. 32 and long. 119; thence south along long. 119 to coast.
2. That area within a line commencing on the south coast at long. 119 then east along the coast to long. 123; then north along long. 123 to a point on lat. 30; thence west along lat. 30 to the boundary of No 1 District.
3. The area within a line commencing on the coast at lat. 26; thence along lat. 26 to long. 123; thence south along long. 123 to the boundary of No 2 District.
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4. The area within a line commencing on the coast at lat. 24; thence east to the South Australian border; thence south to the coast; thence along the coast to long. 123 thence north to the intersection of lat. 26; thence west along lat. 26 to the coast.
5. That area of the State situated between the lat. 24 and a line running east from Carnot Bay to the Northern Territory Border.
6. That area of the State north of a line running east from Carnot Bay to the Northern Territory Border.
74.2. a) An employee will be paid a district allowance at the standard rate prescribed in Column II of Schedule A - District Allowance, for the district in which the employee’s headquarters is located. Provided that where the employee’s headquarters is situated in a town or place specified in Column III of Schedule A - District Allowance, the employee will be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of the said schedule.
b) An employee who has a dependant will be paid double the district allowance prescribed by sub-clause 74.2(a) of this clause for the district, town, or place in which the employee’s headquarters is located.
c) Where an employee has a partial dependant the total district allowance payable to the employee will be the district allowance prescribed by sub-clause 74.2(a) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full time capacity under this Agreement.
d) When an employee is on approved annual recreational leave, the employee will for the period of such leave, be paid the district allowance to which he or she would ordinarily be entitled.
e) When an employee is on long service leave or other approved leave with pay (other than annual recreational leave), the employee will only be paid district allowance for the period of such leave if the employee, dependant/s or partial dependant/s remain in the district in which the employee’s headquarters are situated.
f) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled will cease after the expiration of two weeks unless the employee’s dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer.
g) Except as provided in sub-clause 74.2(f) of this clause, a district allowance will be paid to any employee ordinarily entitled thereto in addition to reimbursement of any travelling, transfer or relieving expenses or camping allowance.
h) Where an employee whose headquarters is located in a district in respect of which no allowance is prescribed in Schedule A - District Allowance, is required
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to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, then notwithstanding the employee’s entitlement to any such allowance provided by Clause 78 - Relieving Allowance, and Clause 81 - Travelling Allowance of this Agreement the employee will be paid for the whole of such a period a district allowance at the appropriate rate prescribed by clauses 74.2(a), 74.2(b) or 74.2(c) of this clause, for the district in which the employee spends the greater period of time.
i) When an employee is provided with free board and lodging by the employer or a public authority the allowance will be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause.
74.2. Part Time Employees
An employee who is employed on a part time basis will be paid a proportion of the appropriate district allowance payable in accordance with the following formula:
Hours worked per fortnight x Appropriate District Allowance 75
74.3. Casual Employees
District Allowance is payable to casual employees on an hourly rate basis in accordance with the following formula:
74.4. Adjustment of Rates
The rates expressed in Schedule A - District Allowance of this Agreement will be adjusted administratively every 12 months, effective from the first pay period to commence on or after the first day of July in each year, in accordance with the official Consumer Price Index (CPI) for Perth, as published for the preceding 12 months at the end of the March quarter by the Australian Bureau of Statistics.
75. Disturbance Allowance
75.1. Where an employee is transferred and incurs expenses in the areas referred to in subclause 75.2 as a result of that transfer then the employee will be granted a disturbance allowance and will be reimbursed by the employer the actual expenditure incurred upon production of receipts or such other evidence as may be required.
75.2. The disturbance allowance will include:
a) Costs incurred for telephone installation at the employee’s new residence provided that the cost of telephone installation will be reimbursed only where a
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Appropriate Annual District Allowance Rate x 12 x 1 1 313 75
telephone was installed at the employee’s former residence including College accommodation.
b) Costs incurred with the connection or reconnection of services to the employee’s household including College accommodation for water, gas or electricity.
c) Costs incurred with the redirection of mail to the employee’s new residence for a period of no more than three (3) months.
76. Motor Vehicle Allowance
76.1. Allowance for Employees required to supply and maintain a vehicle as a term of employment:
a) An employee who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment will be reimbursed in accordance with the appropriate rates set out in Schedule B - Motor Vehicle Allowance for journeys travelled on official business and approved by the Managing Director.
b) An employee who is reimbursed under the provisions of sub-clause 76.1(a) will also be subject to the following conditions:-
i) For the purposes of sub-clause 76.1 an employee will be reimbursed with the appropriate rates set out in Schedule B - Motor Vehicle Allowance of this Agreement for the distance travelled from the employee’s residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.
ii) Where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Schedule BMotor Vehicle Allowance of this Agreement.
iii) Where an employee does not travel in excess of 4,000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4,000 kilometres will be paid to the employee provided that where the employee has less than 12 months qualifying service in the year then the 4,000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly.
iv) Where a part-time employee is eligible for the payment of an allowance under sub-clause 76.1(b)(iii) of this clause such allowance will be calculated on the proportion of total hours worked in that year by the employee to the annual standard hours had the employee been employed on a full-time basis for the year.
v) An employee who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event
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of his/her vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the employee is unable to provide the motor vehicle or a replacement.
vi) The Managing Director may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three months’ written notice of the intention so to do will be given to the employee concerned.
76.2. Allowance for employees relieving employees subject to sub-clause 76.1 of this clause:
a) An employee not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule B - Motor Vehicle Allowance of this clause Agreement for all journeys travelled on official business and approved by the Managing Director where the employee is required to use his/her vehicle on official business whilst carrying out the relief duties.
b) For the purposes of sub-clause 76.2(a) of this clause an employee will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule B - Motor Vehicle Allowance of this Agreement for the distance travelled from the employee’s residence to place of duty and the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.
c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Schedule B - Motor Vehicle Allowance of this Agreement.
d) For the purpose of this sub-clause the allowance provided in sub-clauses 76.1(b)(iii) and 76.1(b)(iv) of this clause will not apply.
76.3. Allowance for other employees using vehicle on official business
a) An employee who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the employer voluntarily consents to use the vehicle will for journeys travelled on official business approved by the employer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule C - Motor Vehicle Allowance and Schedule D - Motor Cycle Allowance of this Agreement.
b) For the purpose of sub-clause 76.3(a) of this clause an employee will not be entitled to reimbursement for any expenses incurred in respect to the distance
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between the employee’s residence and headquarters and the return distance from headquarters to residence.
c) Where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement will be made at the appropriate rate if applicable to each of the areas traversed as set out in Schedule C - Motor Vehicle Allowance of this Agreement.
76.4. Allowance for towing a College caravan or trailer
a) In cases where employees are required to tow College caravans on official business, the additional rate will be 8.0 cents per kilometre. When College trailers are towed on official business the additional rate will be 4.0 cents per kilometre.
76.5. Special Conditions
Where the cost of vehicles and petrol increase or decrease such that a corresponding increase or decrease in the allowance provided for a vehicle over 1600cc in the metropolitan area would amount to 0.1 of a cent or greater than the parties agree that the allowance will be increased or decreased accordingly.
77. Property Allowance
77.1. When an employee is transferred from one locality to another in the public interest or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee will be entitled to be paid a property allowance for reimbursement of expenses incurred by the employee:
a) in the sale of residence in the employee’s former locality, which, at the date on which the employee received notice of transfer to a new locality:
i) the employee owned and occupied; or
ii) the employee was purchasing under a contract of sale providing for vacant possession; or
iii) occupation, on completion of construction; and
b) In the purchase of a residence or land for the purpose of erecting a residence thereon for the employee’s own permanent occupation in the new locality.
77.2. An employee will be reimbursed such following expenses as are incurred in relation to the sale of a residence:
a) if the employee engaged an agent to sell the residence on the employee’s behalf - 50 percent of the amount of the commission paid to the agent in respect of the sale of the residence;
b) if a solicitor was engaged to act for the employee in connection with the sale of residence - the amount of the professional costs and disbursements necessarily incurred and paid to the solicitor in respect of the sale of the residence;
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c) if the land on which the residence is created was subject to a first mortgage and that mortgage was discharged on the sale, then an employee will, if, in a case where a solicitor acted for the mortgagee in respect of the discharge of the mortgage and the employee is required to pay the amount of professional costs and disbursements necessarily incurred by the mortgagee in respect of the discharge of the mortgage - the amount so paid by the employee;
d) if the employee did not engage an agent to sell the residence on his or her behalf - the amount of the expenses reasonably incurred by the employee in advertising the residence for sale.
77.3. An employee will be reimbursed such following expenses as are incurred in relation to the purchase of a residence:
a) if a solicitor or Settlement agent was engaged to act for the employee in connection with the purchase of the residence - the amount of the professional costs and disbursements necessarily incurred are paid to the solicitor or Settlement agent in respect of the purchase of the residence;
b) if the employee mortgaged the land on which the residence was erected in conjunction with the purchase of the residence, then an employee will, if, in a case where a solicitor acted for the mortgagee and the employee is required to pay and has paid the amount of the professional costs and disbursements (including valuation fees but not a procuration fee payable in connection with the mortgage) necessarily incurred by the mortgagee in respect of the mortgagethe amount so paid by the employee;
c) if the employee did not engage a solicitor or Settlement agent to act for the employee in connection with the purchase or such a mortgage - the amount of the expenses reasonably incurred by the employee in connection with the purchase or the mortgage, as the case may be, other than a procuration fee paid by the employee in connection with the mortgage.
77.4. An employee is not entitled to be paid a property allowance under sub-clause 77.1(b) of this clause unless the employee is entitled to be paid a property allowance under sub- clause 77.1(a) of this clause, provided that the Managing Director may approve the payment of a property allowance under sub-clause 77.1(b) of this clause to an employee who is not entitled to be paid a property allowance under sub-clause 77.1(a) of this clause if the Managing Director is satisfied that it was necessary for the employee to purchase a residence or land for the purpose of erecting a residence thereon in the employee’s new locality because of the employee’s transfer from the former locality.
77.5. For the purpose of this Agreement it is immaterial that the ownership, sale or purchase is carried out on behalf of an employee who owns solely, jointly or in common with:-
a) the employee’s partner, or
b) a dependant relative, or
c) the employee’s partner and a dependant relative.
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77.6. Where an employee sells or purchases a residence jointly or in common with another person - not being a person referred to in sub-clause 77.5 of this clause the employee will be paid only the proportion of the expenses for which the employee is responsible.
77.7. An application by an employee for a property allowance will be accompanied by evidence of the payment by the employee of the expenses, being evidence that is satisfactory to the Managing Director.
77.8. Notwithstanding the foregoing provisions, an employee is not entitled to the payment of a property allowance -
a) In respect of a sale or purchase prescribed in sub-clause 77.1 of this clause which is effected –
i) more than 12 months after the date on which the employee took up duty in the new locality; or
ii) after the date on which the employee received notification of being transferred back to the former locality;
Provided that the Managing Director may, in exceptional circumstances, grant an extension of time for such period as is deemed reasonable.
b) Where the employee is transferred from one locality to another solely at the employee’s own request or on account of misconduct.
78. Relieving Allowance
78.1. An employee who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the employee’s usual place of residence will be reimbursed reasonable expenses on the following basis:
a) Where the employee:
i) is supplied with accommodation and meals free of charge; or
ii) is accommodated at a government institution, hostel or similar establishment and supplied with meals reimbursement will be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of the Schedule E – Travelling, Transfer and Relieving Allowance of this Agreement.
b) Where employees are fully responsible for their own accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:-
i) For the first 42 days after arrival at the new locality reimbursement will be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule E – Travelling, Transfer and Relieving Allowance.
ii) For periods in excess of 42 days after arrival in the new locality reimbursement will be in accordance with the rates prescribed in
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Column B, Items (4) to (8) of Schedule E – Travelling, Transfer and Relieving Allowance of this Agreement for employees with dependants or Column C, Items (4) to (8) of Schedule E - Travelling, Transfer and Relieving Allowance for other employees: provided that the period of reimbursement under this sub-clause will not exceed 49 days without the approval of the Managing Director.
c) Where employees are fully responsible for their own accommodation, meals and incidental expenses and other than hotel or motel accommodation is utilised reimbursement will be in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule E - Travelling, Transfer and Relieving Allowance.
d) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee will be paid camping allowance for the duration of the period spent in camp, and in addition, will be paid a lump sum of $209.00 to cover incidental personal expenses: provided that an employee will receive no more than one lump sum $209.00 in any one period of three (3) years.
e) Reimbursement of expenses will not be suspended should an employee become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of this Agreement and the employee continues to incur accommodation, meal and incidental expenses.
f) When an employee who is required to relieve or perform special duties in accordance with the preamble of this clause is authorised by the employer to travel to the new locality in the employee’s own motor vehicle, reimbursement for the return journey will be as follows:-
i) Where the employee will be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement will be in accordance with the appropriate rate prescribed by sub-clause 76.3Motor Vehicle Allowance of this Agreement.
ii) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties reimbursement will be on the basis of one half (1/2) of the appropriate rate prescribed by sub-clause 76.2 - Motor Vehicle Allowance of this Agreement. Provided that the maximum amount of reimbursement will not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.
g) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement will be determined by the Managing Director.
h) An employee who is directed to relieve another employee or to perform special duty away from the employee’s usual headquarters and is not required to reside
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temporarily away from his or her usual place of residence will, if the employee is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid by the employee travelling by public transport to and from the place of temporary duty.
79. Removal Allowance
79.1. An employee who is relocated in the ordinary course of appointment, promotion or transfer or on account of illness due to causes over which the employee has no control will be reimbursed:
a) the actual reasonable cost of conveyance of the employee, the employee’s partner and dependants;
b) the actual reasonable cost of the packing and the conveyance of the employee’s furniture, effects and appliances including insurance of such property whilst in transit;
c) an allowance of $580.00 for accelerated depreciation and extra wear and tear on furniture, appliances and effects. Payment of this allowance to employees will be made on every appointment, promotion or transfer.
d) Where in the circumstances it is reasonable to do so, the furniture, effects and appliances of the employee may be transported on two separate dates not more than six (6) months apart.
e) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $197.00.
Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee’s dependants for the purpose of household enjoyment.
Pets do not include domesticated livestock, native animals or equine animals.
79.2. An employee located outside the Metropolitan Schools District who resigns after serving not less than two (2) years in the locality will be entitled to reimbursement of costs incurred in moving to the Metropolitan Schools District as provided in sub- clauses 79.1(a) and 79.1(b) and to the allowance for accelerated depreciation prescribed in sub-clause 79.1(c). Where an employee has served for one (1) year in the locality and the employee’s resignation takes effect at the end of the school year, such employee will be entitled to reimbursement of costs in moving to the Metropolitan Schools District as prescribed in sub-clauses 79.1(a) and 79.1(b) of this clause. Otherwise an employee who resigns will not be entitled to any benefits under this clause unless the employer in his or her discretion otherwise determines.
79.3. An employee will be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee’s vehicle. If authorised by the employer to travel to the new locality in the employee’s own motor vehicle, the employee will, for all purposes, be considered as in the course of his or her employment and will be reimbursed for the distance necessarily travelled outside the Metropolitan Schools District at the following rates:
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a) Within District 1 at the rate of 0.5 of the appropriate rate of hire prescribed by Clause 76 - Motor Vehicle Allowance, of this Agreement.
b) Within District 2 at the rate of 0.625 of the appropriate rate of hire so prescribed.
c) Within Districts 3 - 6 inclusive at the appropriate rate of hire so prescribed.
79.4. The rates prescribed in sub-clause 79.3 will be paid subject to the following conditions:
a) the journey is by the shortest practical route.
b) the reimbursement does not exceed the cost of the airfare for the employee, partner and dependents.
c) the reimbursement does not exceed the cost of the employee’s airfare when the employee’s family travels by other means.
79.5. Where an employee or their dependants have more than one (1) vehicle, and all the vehicles are to be relocated to the new residence, the cost of transporting or driving up to two (2) vehicles shall be deemed to be part of the removal costs.
a) Where only one (1) vehicle is to be relocated to the new residence, the employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle. The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.
b) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 3.5 cents per kilometre for a caravan or boat and 2.0 cents per kilometre for a trailer.
79.6. The maximum reimbursement for the cost of the packaging and the conveyance of furniture, appliances and effects including insurance whilst in transit will be as decided by the Managing Director. Only necessary household furniture, appliances and effects will be taken into consideration.
79.7. Receipts must be produced for all sums paid.
79.8. The Managing Director may, in lieu of cost of conveyance, authorise payment of an amount to make up for loss in any case where an employee with prior approval disposes of the employee’s furniture, appliances and effects instead of removing them to the employee’s new headquarters, provided that such payment will not exceed the sum which would have been paid if such furniture, appliances and effects had been removed by the cheapest form of transport available.
79.9. Where an employee is transferred or promoted and the accommodation provided is furnished, and as a consequence, it is reasonably necessary for the employee to store all or part of the furniture owned by the employee, the actual cost of such storage and insurance as approved and authorised by the Managing Director will be reimbursed.
79.10. Where an employee of single status is transferred or appointed to a locality and such status is subsequently changed, the employee will be reimbursed for reasonable freight charges for any reasonable additional furniture movement required by the employee.
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79.11. All employees appointed, promoted or transferred to localities north of 30 degrees latitude will have included in the air ticket both to and from the locality; an allowance for 25 kilograms excess baggage. An excess baggage allowance of 16 kilograms is to be provided for children under three (3) years of age who are not fare paying passengers.
79.12. Where a partner referred to in this clause is also an employee who is appointed, promoted or transferred to the same locality as the employee, a partner may not claim allowances for reimbursement of expenses incurred on behalf of the partner and dependents and claimed for by the employee.
79.13. Payment of the allowances under this clause will not apply to employees transferred on account of misconduct, or to employees who seek transfers after periods of service of less than two (2) years in a particular locality unless payment of an allowance is approved by the employer.
79.14. Where an employee is appointed, promoted or transferred and incurs expenses in the areas referred to in sub-clause 79.14(a) as a result of that move then the employee will be granted a Disturbance Allowance and will be reimbursed the actual expenditure incurred upon production of receipts.
a) The Disturbance Allowance will include:
i) costs incurred for telephone installation at the new residence provided that the cost of telephone installation will be reimbursed only where a telephone was installed at the employee’s former residence including College accommodation; and
ii) costs incurred with the connection or reconnection of services to the household, including College accommodation for water, gas or electricity.
79.15. Claims under this clause must be made within 12 months of the appointment, promotion or transfer.
80. Transfer Allowance
80.1. Subject to sub-clauses 80.2 and 80.5 an employee who is transferred to a new locality in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, will be paid at the rates prescribed in Column A, Item (4), (5) or (6) of the Schedule E - Travelling, Transfer and Relieving Allowance of this Agreement for a period of 14 days after arrival at new headquarters within Western Australia or Column A, Items (7) and (8) of the Schedule E - Travelling, Transfer and Relieving Allowance for a period of 21 days after arrival at a new headquarters in another State of Australia. Under no circumstances, however, will the provisions of this sub-clause operate concurrently with those of Clause 81Travelling Allowance of this Agreement to permit an employee to be paid allowances in respect of both travelling and transfer expenses for the same period.
80.2. Prior to the payment of an allowance specified in sub-clause 80.1 of this clause, the Managing Director will:
a) Require the employee to certify that permanent accommodation has not been arranged or is not available from the date of transfer. In the event that
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permanent accommodation is to be immediately available, no allowance is payable; and
b) Require the employee to advise the College that should permanent accommodation be arranged or become available within the prescribed allowance periods, the employee will refund the pro rata amount of the allowance for that period the occupancy in permanent accommodation takes place prior to the completion of the prescribed allowance periods.
Provided also that should an occupancy date which falls within the specified allowance periods be notified to the College prior to the employee’s transfer, the payment of a pro rata amount of the allowance should be made in lieu of the full amount.
80.3. If an employee is unable to obtain reasonable accommodation for the transfer of his or her home within the prescribed period referred to in sub-clause 80.1 and the employer is satisfied that the employee has taken all possible steps to secure reasonable accommodation, such employee will, after the expiration of the prescribed period to be paid in accordance with the rates prescribed by Column B, Items (4), (5), (6), (7) or (8) of the Schedule E - Travelling, Transfer and Relieving Allowance of this Agreement as the case may require, until such time as the employee has secured reasonable accommodation, provided that the period of reimbursement under this sub-clause will not exceed 77 days without the approval of the Managing Director.
80.4. When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an employee on transfer, an appropriate rate of reimbursement will be determined by the Managing Director.
80.5. An employee who is transferred to College accommodation will not be entitled to reimbursement under this clause provided that: -
a) where entry into College accommodation is delayed through circumstances beyond the employee’s control an employee may, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the employee and dependants less a deduction for normal living expenses prescribed in Column A, Items (15) and (16) of Schedule E - Travelling, Transfer and Relieving Allowance ; and
b) if any costs are incurred under sub-clause 75.2 - Disturbance Allowance of this Agreement they will be reimbursed by the employer.
81. Travelling Allowance
81.1. An employee who travels on official business will be reimbursed reasonable expenses on the following basis on the production of receipts for such reasonable expenses, in accordance with College policy. Reimbursement of reasonable expenses will not exceed the amounts prescribed in Column A of Schedule E - Travelling, Transfer and Relieving Allowance of this Agreement.
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81.2. In addition to sub-clause 81.1, an employee will be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts.
81.3. If on account of lack of suitable transport facilities an employee necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the employee will be reimbursed the actual cost of such accommodation.
81.4. Reimbursement of expenses will not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with provisions of Clause 51 - Personal Leave of this Agreement, and the employee continues to incur accommodation, meal and incidental expenses.
81.5. Reimbursement claims for travelling in excess of 14 days in one month will not be passed for payment by a certifying employee unless the employer has endorsed the account.
81.6. An employee who is relieving at or temporarily transferred to any place within a radius of 50 kilometres measured from the employee’s headquarters will not be reimbursed the cost of midday meals purchased, but an employee travelling on duty within that area which requires absence from the employee’s headquarters over the usual midday meal period will be, on the production of receipts, for each meal necessarily purchased, provided that:-
a) such travelling is not a normal feature in the performance of the employee’s duties; and
b) such travelling is not within the suburb in which the employee resides.
81.7. This clause does not apply to International Travel.
82. Excess Travelling Allowance
82.1. An employee appointed, promoted or transferred to a college outside the Metropolitan Schools District who is unable to obtain suitable residential accommodation within 30 kilometres of the College will be reimbursed for any travel to and from the College in excess of 30 kilometres each way necessarily undertaken in the employee’s own motor vehicle. In calculating distances no travel within the Metropolitan Schools District will count.
82.2. Payment of an allowance under this clause is dependent upon:
a) a College Director certifying that no suitable accommodation within 30 kilometres of the college, or alternative means of transport, was available;
b) the employee demonstrating that an application has been made for Government Regional Officers Housing and that no government accommodation is available within 30 kilometres from their place of employment;
c) the employee demonstrating that there is no suitable private accommodation available within 30 kilometres from the place of employment by attaching a
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current letter from a real estate agent of the locality which states the lack of suitable accommodation in the locality; and
d) the claim having been lodged within 12 months of the travel having taken place.
82.3. Reimbursement under this clause will be on the basis of 0.625 of the appropriate rate as prescribed by Clause 76 - Motor Vehicle Allowance of this Agreement.
82.4. An employee required to travel between colleges on official duty will be reimbursed under the appropriate rate prescribed by Clause 76 - Motor Vehicle Allowance of this Agreement, for the use of the employee’s own vehicle. No reimbursement will be provided if the employee has more than two hours break between duty time in the first college and time needed to begin travelling to the second college.
82.5. Eligibility for the Excess Travelling Allowance will be re-assessed when suitable accommodation becomes available within 30 kilometres of the employee’s place of employment.
83. Remote Allowances and Country Incentives
83.1. This clause will only apply to those employees located at the locations listed in Schedule J – Differential Salary Location Allowances and Schedule K – Country Incentives Allowances of this Agreement.
83.2. A ‘location specific’ differential remuneration package, as detailed in Schedule J –Differential Salary Location Allowances of this Agreement, will be paid in addition to the employee’s base rate of pay.
83.3. A ‘location specific’ country incentive package, as detailed in Schedule K– Country Incentives Allowances of this Agreement, will be paid in addition to the employee’s base salary; as from the 1 January 2009.
83.4. District Allowances as prescribed in Clause 74 – District Allowance of this Agreement will continue to be paid to employees employed in remote areas.
84. Variation of Allowances
Unless otherwise specified, the allowances in this Agreement will be amended and updated in accordance with variations to the corresponding allowances prescribed in the Public Service Award 1992.
85. Kimberley Institute Christmas Closedown
85.1. This clause applies only to Kimberley Institute. Kimberley Institute may observe a Christmas shutdown over the Christmas/New Year period.
85.2. The duration of the closedown will be at the discretion of the Managing Director, but shall not exceed 12 working days.
85.3. Employees will be required to take annual leave, professional leave or days in lieu of overtime on the working days that the College is closed down.
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85.4. The Managing Director shall as soon as possible, but not later than 30 June each calendar year, advise employees of the period of the closedown and the number of working days involved.
85.5. When taking leave during the year employees must be aware of the requirement to retain credits to cover the required number of days over the compulsory closedown period.
85.6. New employees, employees who have exhausted their annual leave credits at the commencement of this Agreement, or employees who have been granted approval to utilise all leave credits, will be entitled to go into debit to cover the amount of leave involved. This is on condition that the employee will refund the value of leave owed on termination, if credits to the value of the leave taken in advance have not been accrued.
Part 8 Training and Related Matters
86. Training and Lecturing Qualifications
86.1. Certificate IV in Training and Assessment
a) The parties acknowledge that there is a minimum qualification required for trainers and assessors to deliver accredited vocational education and training (VET), as agreed by the Ministerial Council and outlined in the registration standards (the Standards) made under section 185 of the Commonwealth National Vocational Education and Training Regulator Act 2011, or its successors. The current minimum qualifications are listed in the NVR RTO Standards 2015 and as amended in 2017 and may change from time to time.
b) Lecturers not otherwise covered by the provisions of sub-clause 31.5 – Progression of this Agreement will obtain the minimum qualification requirements for trainers and assessors listed in the Standards.
c) A College will provide lecturers with a reasonable amount of Professional Activities (PA) time and a corresponding reduction of other PA duties allocated to the lecturer to enable them to complete the minimum qualification requirements. Alternatively, at its discretion, a College may provide lecturers with a reasonable reduction of lecturing hours to enable them to complete the minimum qualification requirements.
d) If a College requires a lecturer to obtain the minimum qualification requirements from another training provider, the lecturer will be reimbursed reasonable costs of the course, subject to satisfactory progress in attaining the qualification.
e) The parties agree to implement any future requirements of the Ministerial Council and outlined in the registration standards (the Standards) regarding new or updated minimum qualifications for lecturers in accordance with the principles outlined in the sub-clauses above. If the minimum qualification requirement for lecturers changes substantially during the life of this Agreement, then the parties will work through STERC to agree to the support needed for lecturers to meet the new requirements.
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f) This clause should be read in conjunction with Clause 31 – Progression of this Agreement.
86.2. Higher Teaching Qualifications
a) The parties are committed to supporting and encouraging lecturers to achieve a lecturing qualification to a level which is an approved teaching qualification as agreed to between the parties.
b) In addition to the provisions of Clause 63 - Study Leave of this Agreement, Professional Activities time may be made available in accordance with Clause 37 - Hours of this Agreement to support lecturers attaining further qualifications.
87. Performance Management
87.1. The parties to this Agreement acknowledge that the primary requirement for the performance management of lecturers arises from the Public Sector Management Act 1994 (as amended from time to time), the Public Sector Standards in Human Resource Management Performance Management Standard (as amended from time to time) and the Explanatory Notes (as amended from time to time) attached to the Public Sector Standards in Human Resource Management Performance Management Standard.
87.2. Nothing in this clause or this Agreement will be taken to in any way alter the rights and obligations of the employer and employees pursuant to those instruments listed in subclause 87.1, or in any way affect their meaning or interpretation.
87.3. The key to the success of the performance management process is the creation of an environment which fosters an individual’s growth and development while focusing on the achievement of the organisations goals.
87.4. The parties recognise the difference between performance management, Substandard performance processes and disciplinary action.
87.5. In order that future goals of study areas are able to be met, a collaborative approach to performance management will be preferred, that is, on a team or study area basis. Alternatively, performance management may be carried out on an individual basis.
87.6. All processes, decisions and actions relating to the performance management process must be fair, impartial, transparent and capable of review.
87.7. The performance management process is confidential, and information and documentation produced during the performance management process is to be kept confidentially in a secure place.
87.8. Performance management must take into account the work-related requirements of the job, which can include the needs and plans of the study area, and identified lecturer interests, including career considerations, family obligations, medical issues and compassionate considerations.
87.9. In order to ensure that the performance management process is fair, equitable and impartial the relationship between the performance manager and the lecturers must be one that fosters trust, mutual respect and confidence.
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87.10 Proper and adequate training in the performance management process will be provided for lecturers and their performance managers to understand their participation, rights and obligations.
87.11. Student or client feedback may be used as part of a performance management process if it is in response to a survey that has been agreed by the lecturer and the performance manager.
87.12 The parties acknowledge there is currently a STERC agreed policy for career development and performance enhancement. Amendment to that policy and development of new policies will be as required.
87.13 Lecturers may access the provisions of Clause 12 - Dispute and Grievance Resolution Procedure in relation to performance management.
88. Professional Development
88.1. The parties to this Agreement acknowledge the importance of professional development and the need for lecturers to undertake appropriate professional development.
88.2. Colleges will provide opportunities for lecturers to participate in appropriate professional development.
Part 9 Work Health and Safety Matters
89. Work Health, Safety and Welfare
89.1. At all workplaces covered by this Agreement, the employer and employees will ensure compliance with the work health and safety legislation that applies to them at any particular time. The Work Health and Safety Act 2020 (WA) and the Work Health and Safety (General) Regulations 2022 currently apply to Western Australian TAFE lecturers.89.2. Codes of Practice approved under the Work Health and Safety Act 2020 and WorkSafe Guidance Notes, including those for Bullying in the Workplace, will be implemented as appropriate and the employers and employees will work towards implementation of the best achievable level of safety and health.
89.3. Safety and health representatives will be entitled to training and paid time off as prescribed by the Work Health and Safety Act 2020 and Work Health and Safety (General) Regulations 2022.
89.4. Nothing in this clause or this Agreement will be taken in any way to replace or alter the rights and obligations of the employer and employees in relation to the work health and safety legislation that applies to them, or in any way affects the meaning or interpretation of that legislation.
Health and Safety Representatives Records
89.5. The State Government is committed to safe public sector workplaces.
89.6. As part of this commitment, the Employer shall maintain a Health and Safety Representative (HSR) Register (the Register).
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89.7. The Register is to record the following information for each HSR in the College:
a) name;
b) work branch/division/directorate;
c) work location;
d) job title/occupation;
e) date of election as a HSR; and
f) training details on completion of relevant Work Health and Safety training courses, including initial and refresher training dates.
89.8. The employer shall provide a copy of the Register to the Joint Consultative Committee/ Union every six months.
89.9. The Register is to be submitted to the Department of Mines, Industry Regulation and Safety - Government Sector Labour Relations division on 31 January each year, for the previous year.
Part 10 Time and Salaries Record
90. Time and Salaries Record
90.1. The employer will keep or cause to be kept a time and salaries record showing:
a) the name of each employee;
b) the nature of the work performed;
c) the hours worked each day;
d) the salary, allowances and overtime paid to each employee.
90.2. The employer’s office will be deemed to be a convenient place for the purposes of inspecting records and if for any reason the time and salary record is not available, the record will be made available for inspection at a mutually convenient time at the employer’s office.
90.3. If the employer maintains a personal or other file on an employee subject to the employer’s convenience, the employee will be entitled to examine all material.
Part 11 Union Representatives
91. Union Facilities for Union Representatives
91.1. The Managing Directors recognise the rights of the Union to organise and represent its members. Union representatives in Colleges have a legitimate role and function in assisting the Union in the tasks of recruitment, organising, communication and representing members’ interests in the workplace, at the College and on Union committees.
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91.2. The Managing Directors recognises that, under the Union’s rules, Union representatives represent members in a branch, which may cover one or more workplaces or may cover part of a workplace.
91.3. The Managing Directors recognises that, under the Union’s rules, a TAFE Committee representative represents members in a branch at the TAFE Committee.
91.4. The Managing Directors will recognise Union representatives in Colleges and will allow them to carry out their role and functions.
91.5. The Union will advise the employer in writing of the names of the Union representatives in the College.
91.6. The Managing Directors shall recognise the authorisation of each Union representative in the College and shall provide them with the following:
a) Paid time off from normal duties to perform their functions as a Union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement on Union committees and to attend Union business in accordance with Clause 71 - Leave to Attend Union Business of this Agreement.
b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, internet, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the organisation and shall be in accordance with normal College protocols.
c) A noticeboard for the display of Union materials including broadcast email facilities.
d) Paid access to periods of leave for the purpose of attending Union training courses in accordance with Clause 72 - Trade Union Training Leave of this Agreement. Country representatives will be provided with appropriate travel time.
e) Notification of the commencement of new employees, and as part of their induction, provide time for the Union representative to discuss the benefits of Union membership with them.
f) Access to awards, agreements, policies and procedures.
g) Access to information on matters affecting employees in accordance with Clause 11 – College Consultation and Clause 14 - Notification of Change of this Agreement.
h) The names of any Equal Employment Opportunity and Safety and Health representatives.
91.7. The employer recognises that it is paramount that Union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a Union representative.
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Matt Jarman President, SSTUWA
