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ATTACHMENT A ALL SOULS ST GABRIELS SCHOOL AGREEMENT 2007

TABLE OF CONTENTS Subject Matter Clause No. PART ONE – PRELIMINARY Title 1.1 Application 1.2 Duration 1.3 Posting of Agreement 1.4 Single Bargaining Unit 1.5 Overview – Retention of Existing Fair Minded Practices 1.6 PART TWO – RELATIONSHIP TO SCHEDULES Relationship with Schedules 2.1 Procedures for Preventing and Settling Disputes 2.2 Continuous Improvement 2.3 Consultative Arrangements for Curriculum Implementation 2.4 PART THREE – RELATIONSHIP TO AIMS OF THE SCHOOL Aims of the School 3.1 Ethos Statement 3.2 Objectives of the Agreement 3.3 PART FOUR – REMUNERATION Wages 4.1 Annualisation of Wages – Non-Teaching Employees 4.2 PART FIVE – PRODUCTIVITY MOTIVATED CHANGES Position Descriptions 5.1 Appraisal Process 5.2 Induction 5.3 Professional Development and Training 5.4 Co-Curricula 5.5 Tutorial Support 5.6 Pastoral Care 5.7 Maximising Student Learning Time 5.8 Reduce School Operating Costs 5.9 Non-Contact Time – Primary and Preschool Teachers 5.10 Fixed Period Appointment 5.11 Class Sizes 5.12 PART SIX – CAREER STRUCTURE AND CONDITIONS Boarding House Staff – Conditions 6.1 Uniform Allowance – Kitchen Employees 6.2 Sleep-over Rate – Boarding Employees 6.3 Nurses 6.4 Classification 6.4.1 Roster Provisions 6.4.2 Campus Accommodation 6.4.3 Positions of Added Responsibility (PAR) / Senior Administration 6.5 Senior Teacher 6.6 Classification for School Officers 6.7 Pre-School and Preparatory Teachers 6.8 Employment Status 6.9 PART SEVEN – FAMILY FRIENDLY POLICIES AND PRACTICES Enhanced Conditions for Those With Family Responsibilities 7.1 Paid Maternity Leave 7.1.1 Paid Paternity Leave 7.1.2 Paid Adoption Leave 7.1.3 Unpaid Parental Leave of up to Two Years 7.1.4

2Special Responsibility Leave 7.2 Bereavement Leave 7.3 Leave Without Pay 7.4 PART EIGHT – WORKPLACE HEALTH AND SAFETY ISSUES Workplace Health and Safety 8.1 Bullying and Harassment in the Workplace 8.2 First Aid Certificate 8.3 PART NINE – CONTEMPORARY LEAVE BENEFITS Long Service Leave 9.1 Sick Leave 9.2 Cultural Leave 9.3 Emergency and Natural Disaster Leave 9.4 Leave for Attendance at Emergencies 9.5 PART TEN – CONTEMPORARY REMUNERATION BENEFITS Occupational Superannuation 10.1 Salary Packaging 10.2 Fee Remission 10.3 PART ELEVEN – EMPLOYMENT POLICIES AND WORK PRACTICES Hours of Duty of Teachers 11.1 School Policies 11.2 Administration of Medication to Students 11.2.1 Restraint of Students 11.2.2 Formal Review for Unsatisfactory Performance 11.3 Payment of Part Time Teachers 11.4 Term Time Employment – Ancillary Staff 11.5 Payment of Public Holidays – Term Time Employees 11.6 Conditions for Staff Residence 11.7 Job Sharing 11.8 Length of School Year 11.9 Fixed Period Appointment 11.10 Banking of Authorised Overtime 11.11 Support for Teachers who have Students with Special Classroom Needs 11.12 PART TWELVE – CONTEMPORARY INDUSTRIAL PRACTICES Redundancy Provisions 12.1 Equity 12.2 Job Security 12.3 PART THIRTEEN – FUTURE RE-NEGOTIATION OF AGREEMENT Renewal or Replacement of Agreement 13.1 Matters Reserved 13.2 SCHEDULES: Schedule 1 Wage Rates Schedule 2 Senior Teacher Schedule 3 Paid Maternity Leave Administrative Guidelines Schedule 4 School Officer Classification Structure Schedule 5 Formal Review for Unsatisfactory Work Performance Schedule 6 Induction Process for New Graduate Teachers Schedule 7 Job Share Schedule 8 Primary Teacher Non-Contact Time Schedule 9 Boarding House Supervisors’ Classification Structure Schedule 10 Hours of Duty: Teaching Staff Schedule 11 All Souls St Gabriels Workplace Bullying Policy Schedule 12 All Souls St Gabriels Procedure for Addressing Workplace Bullying Schedule 13 Positions of Added Responsibility Schedule 14 Boarding House Staff Conditions Schedule 15 Handling Complaints Against Employees Policy Schedule 16 Teachers’ Employment Arrangements Schedule 17 School Officers’ Employment Arrangements

3Schedule 18 Groundstaff Employment Arrangements Schedule 19 Miscellaneous Workers’ Employment Schedule 20 Café Restaurant and Catering Staff Employment Arrangements Schedule 21 Childcare Workers’ Employment Arrangements Schedule 22 Laundry Workers’ Employment Arrangements Schedule 23 Nurses’ Employment Arrangements Schedule 24 Family Leave Schedule 25 Boarding House Employees Arrangements

4 PART 1 – PRELIMINARY 1.1 Title This Agreement shall be known as the All Souls St Gabriels School Agreement 2007. 1.2 Application 1.2.1 This Agreement shall apply to members of the party Unions who are employed by All Souls St Gabriels

School (with the exception of the Principal, Deputy Principal and Business Manager, who have separate contract arrangements).

1.3 Duration This Agreement shall operate from the date of execution and shall remain in force until 31 December 2009, and thereafter continue in force until replaced or terminated as allowed for by this Agreement. Where this Agreement provides for a benefit to apply from a date earlier than the date of operation, the Employer will apply such benefit from the earlier date to all members of the party Unions employed at that earlier date. 1.4 Posting of Agreement A copy of this Agreement shall be exhibited in a conspicuous and convenient place in the School. 1.5 Single Bargaining Unit 1.5.1 For the purposes of negotiating this Agreement, a Single Bargaining Unit (SBU) has been established and

specifically with membership as follows: (a) Five (5) employee representatives [two (2) representing academic staff and one (1) representing School

Officer staff and other Employees in the school] and one (1) QIEU Organiser acting for and on behalf of all Unions party to this Agreement; and

(b) Two (2) management representatives.

1.5.2 When a representative is chosen from either group to chair the SBU, that representative may be replaced by a substitute member.

1.6 Overview – Retention of Existing Fair Minded Practices 1.6.1 The following statements of principles, rights and responsibilities are affirmed.

(a) Employment at All Souls St Gabriels School a ministry of service to promote the development of community through quality teaching, sound administration and effective support services.

(b) The holistic development of students is the fundamental focus at All Souls St Gabriels. (c) Respect for human dignity requires that working conditions be such as to protect the health and well

being of workers and to recognise their obligations to their family and the wider community. (d) Employees accept the responsibility to fulfil their role with integrity and professional competence. (e) Employees have the fundamental freedom and right to choose to become a member of a Union and to

choose to be represented by that Union to protect their legitimate interests and concerns. (f) Negotiations between Employers and Employees and their representatives should be transparent and

accountable to the respective Parties and the wider community and be conducted in a spirit of respect and with fidelity to the values of justice and reconciliation.

(g) Employees have the right to collectively bargain. (h) Employees have the right to reject an AWA. (i) Employees have a right to participate in significant workplace consultation on matters relating to their

employment. They have the responsibility to work cooperatively with each other and their Employers for the wellbeing of the students.

5(j) Employees have the right to have reasonable access to Union officers in the workplace. (k) Employees have the right to access an independent third party, to resolve any matters of dispute relating

to their employment. (l) Employees and Employers have the right to take lawful, reasonable and responsible industrial action in

support of their negotiations relating to their employment. PART 2 - RELATIONSHIP TO SSCHEDULES 2.1 Relationship with Schedules 2.1.1 Application of Agreement The Agreement is divided up into two parts. The first part contains general conditions that apply to all employees employed by All Souls St Gabriel’s School. The second part contains Schedules which details wage rates, increases over the life of the Agreement and specific conditions covering those employees. The Schedules will be read and interpreted wholly in conjunction with the general conditions of the Agreement provided that where there is any inconsistency the Agreement will take precedence to the extent of any inconsistency. 2.2 Procedures for Preventing and Settling Disputes 2.2.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and

the Employer in respect to any industrial matter and all other matters that the Parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of Employees.

2.2.2 In the event of an employee having a grievance or dispute the employee shall, in the first instance, attempt to

resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances.

2.2.3 If the grievance or dispute is not resolved under subclause 2.2.2 hereof, the employee or the employee’s

representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative.

2.2.4 If the grievance or dispute is still unresolved after discussions listed in subclause 2.2.3 hereof, the matter shall,

in the case of a Union member, be reported to the State Secretary of the relevant union of Employees and the Principal or nominated industrial representative. An employee who is not a union member may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under subclause 2.2.3 hereof will not result in resolution of the dispute.

2.2.5 If, after discussions between the Parties, or their nominees mentioned in subclause 2.2.4, the dispute remains

unresolved after the Parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of the Industrial Relations Act 1999.

2.2.6 Whilst all the above procedure is being followed normal work, free of any bans, limitations or stoppages shall

continue except in the case of a genuine health and/or safety issue. 2.2.7 Except in the case of termination, the status quo existing before the emergence of the grievance or dispute is to

continue whilst the above procedure is being followed. 2.2.8 All Parties shall give consideration to matters raised or any suggestion or recommendation made by an

Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute. 2.2.9 Any Order of the Queensland Industrial Relations Commission (subject to the Parties’ right of appeal under the

Act) will be final and binding on all Parties to the dispute. 2.2.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance

that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute pursuant to the Industrial Relations Act 1999.

62.3 Continuous Improvement 2.3.1 The Parties to this Agreement are committed to co-operation and consultation as part of the climate and culture

of a school based on Anglican philosophies. 2.3.2 The Parties also accept that according to the authority and responsibility structures of the School, final decision

making remains the prerogative of the Employer. However, in coming to conclusions, the Employer is committed to a process of consultation with Employees thus enabling all Parties to have an opportunity to participate in the implementation and monitoring of workplace change.

2.3.3 The Parties acknowledge that the management of meetings is an element in the effective operation of the

School and recognise the need to monitor and continually enhance the effectiveness of meetings within the School. The Employer and employees agree to enhance the School’s meeting structures and processes and agree to consider proposals to achieve this.

2.3.4 It is agreed that this shall be a standing agenda item of the School Consultative Committee. 2.3.5 The School will have in place a number of consultative structures in order to facilitate participative decision

making. 2.3.6 The following forms of immediate Employer/employee consultation may be implemented where mutually

agreed upon as being feasible and desirable by Principal and staff:

(a) Regular meetings of staff and committees. (b) An Executive Committee of Senior Staff who meet regularly to advise the Principal on school matters. (c) A Teaching Staff Committee which meets independently of the Principal on a regular basis to discuss

and make representations to the Principal on matters affecting professional Employees. (d) A Non-Teaching Staff Committee, which meets independently of the Principal on a regular basis to

discuss and make representations to the Principal (or nominee) on matters affecting non-teaching staff. (e) A combination of (c) and (d) above to discuss and make recommendations on matters affecting all

Employees. (f) The QIEU School Chapter. (g) Various committees appointed according to government legislation (e.g. Workplace Health and Safety

Committee, Equal Employment Opportunity and Stress). (h) Any other committee or work groups set up from time to time by the School Council/Principal for a

specific purpose.

2.3.7 The School shall form an Enterprise Agreement Committee comprised of management and employee representatives. This committee will: (a) monitor the implementation of the Agreement by monitoring key Performance Indicators in the

Agreement. (b) recommend to the Single Bargaining Unit items to be included in the next Enterprise Agreement.

2.3.8 Consultation with the Collective Bargaining Consultative Committee will be undertaken in a timely manner about school-level initiatives and changes to requirements of Governments and statutory authorities that impact upon Teachers and teaching practices. Consideration will be given to matters including implementation issues such as: (a) reasonable timeframes for the implementation of change; (b) professional development or training needs necessary prior to implementation; (c) how any professional development or training should be provided and resourced; (d) identification and supply of necessary resources:

2.3.9 The Single Bargaining Unit and other Staff Representative(s) will be afforded the reasonable use of facilities such as the School photocopier, email, facsimile, telephone to communicate with staff members regarding industrial matters. Where appropriate, time will also be provided in staff meetings to report on any industrial matters relevant to the majority of staff.

72.3.10 Proposed changes to conditions not already identified will be included in future stages of the Agreement where

they have the agreement of the majority of the Employees affected by the proposal. Where this is required, all Employees directly affected will be consulted as a group and addressed by representatives of the Enterprise Agreement Committee and/or representative of relevant unions. In these circumstances agreement is defined as a majority of Employees affected. However, Parties acknowledge that consensus should, wherever possible, be the basis of agreement. In determining the outcome neither party will unreasonably withhold agreement.

2.3.11 Representatives on the Single Bargaining Unit are responsible for bringing matters relating to this Agreement

to the Single Bargaining Unit for consideration. 2.4 Consultative Arrangements for Curriculum Implementation 2.4.1 The School’s Renewal Plan shall be formulated and implemented consistent with the System School Mission

Statement. 2.4.2 Consideration shall be given at appropriate school sites to the nature and implementation of post-compulsory

education initiatives. 2.4.3 Staff at the workplace level shall be involved in the process of identifying and clarifying the industrial

implications of such curriculum changes through a structured process of genuine consultation. 2.4.4 In determining appropriate mechanisms for implementation of the curriculum changes the following matters

shall be considered: (a) the Mission Statement of the school; (b) identification of the matters to be implemented; (c) clarification of the process of implementation; (d) clarification of the relevant curriculum structures to be implemented; (e) the timely resource support to be provided to staff prior to the implementation of the new initiative

(eg. in-service; support staff; non-contact provision; external support services). Consideration shall be given to the planning, implementation and evaluation of curriculum change when determining the appropriate level of this support;

(f) a realistic time frame for implementation; (g) the on-going role of staff in the process of implementation; (h) protocols which may be developed for the supervision and administration of curriculum initiatives in

years 11 and 12 including programs which focus on the world of work and the delivery of VET (including apprenticeships and traineeships) in schools;

(i) the structures and process by which relevant staff may acquire requisite registration to teach VET accredited subjects;

(j) appropriate staffing formula for VET accredited subjects; (k) identification of the short term and on-going impact on workload of the staff from the process of

implementation; (l) identification of the technology hardware, software and associated professional development needed to

implement the change; (m) identification of Teacher support, in particular for data entry and other clerical support for curriculum

program development, classroom resource development and other tasks associated with curriculum development management and the implementation of change;

(n) identification of the time cost of the new initiative, to enable adequate time release allocated for its completion; and

(o) complementary consideration of tasks or responsibilities that may be devolved to other staff, parents or volunteers (or not done by anyone) in order that the maximum weekly hours of directed duty are not exceeded as a result of the implementation of the new initiative.

PART 3 - RELATIONSHIP TO AIMS OF THE SCHOOL 3.1 Aims of the School 3.1.1 All Souls St Gabriels School has a fine tradition for the quality and distinctiveness of the education it provides.

Central to this is an emphasis on the development of the whole person including the spiritual, academic, cultural, social, practical and physical dimensions. This Agreement has two (2) major priorities which are considered essential for the School to maintain and preserve the special qualities which constitute its distinctive style and nature.

3.1.2 The following priorities are supported and maintained through this Agreement:

8(a) the distinctive Anglican Ethos of our School in the context of the independent school tradition; and (b) the high quality of Christian education as contained in the Objectives of the Agreement that is provided

by our School. 3.2 Ethos Statement The Parties agree that the following are the normative features of All Souls St Gabriels School: 3.2.1 All Souls St Gabriels School is firstly a Christian school; 3.2.2 All Souls St Gabriels School should be characterised by tolerance and a respect for difference; 3.2.3 All Souls St Gabriels School should be characterised by a high respect for intellectual endeavour; 3.2.4 All Souls St Gabriels School celebrates the contribution of the Anglican Church to the wider political, social,

economic and artistic life of our culture; 3.2.5 All Souls St Gabriels School should be characterised by a commitment to tradition and dignity within school

life; and 3.2.6 All Souls St Gabriels School should be characterised by a sense of social responsibility. 3.3 Objectives of the Agreement The Objectives of this Agreement, by acknowledging the partnership between the management of the School and staff are: 3.3.1 to strive to keep All Souls St Gabriels School accessible to families within a broad socio-economic range; 3.3.2 to promote the spiritual growth of individuals in the School community through the practice of Christian

principles in the Anglican tradition; 3.3.3 to maximise the learning outcomes for students through quality teaching; 3.3.4 to provide high quality pastoral care; 3.3.5 to encourage a culture of continual improvement through collaborative and consultative processes; 3.3.6 to develop a more diverse and highly skilled workforce which is capable of achieving more effective and

efficient school arrangements and is committed to the ethos, mission and goals of All Souls St Gabriels School; 3.3.7 to share equitably the benefits of enhanced service delivery among Employees and the School community; 3.3.8 to make commitment to clients a perceptible and characteristic aspect of the School’s culture and professional

practices; and 3.3.9 to promote an expectation of excellence as a recognised characteristic of an effective school and to adopt

complementary work practices. PART 4 - REMUNERATION 4.1 Wages 4.1.1 The salary and wage increases payable, as detailed in Schedule 1, are in accordance with the employing

authorities’ commitment to the following: (a) Teachers (up to Band 3 Step 4) covered by this Agreement will receive the same wage increases paid to

Teachers at the same classification levels in Education Queensland at nominated dates during the life of this Agreement.

(b) All other School Employees covered by this Agreement will be paid the percentage increases that will

be applied to the Band 3 Step 4 rate in this Agreement, effective from the same dates applied to Teachers.

9(c) A salary or wage increase of 4% of the applicable salary or wage rate detailed (or $30 per week,

whichever is greater) shall be paid from 1 January 2007; and (d) A further salary or wage increase of 4% of the applicable salary or wage rates (or $30 per week,

whichever is greater) shall be paid from 1 January 2008; and (e) A further salary or wage increase of 4% of the applicable salary or wage rate (or $30 per week,

whichever is greater) shall be paid from 1 January 2009. (f) An additional salary increase of 1% shall be paid from 1 January 2009 to holders of senior

administration positions. 4.1.2 Award allowances listed in Schedule 1 will receive the same percentage increases, from the same dates of

application as detailed in clause 4.1.1. Where an allowance is determined by a formula contained in the Agreement that formula will be applicable.

4.1.3 Increases shall compound over the life of the Agreement. 4.2 Annualisation of Wages – Non-Teaching Employees 4.2.1 Where a non-teaching employee is employed on a term-time basis, the employee may elect to have his/her

salary annualised, up to successful completion of the probation period. Employees engaged for a fixed period of less than one (1) school year will not be eligible to elect to annualise their salary. A School Officer making application must consistently work the same hours.

4.2.2 Where an employee elects to have his/her salary annualised, the employee must make application to do so prior

to the conclusion of Term 4 of the year preceding the calendar year in which the employee elects to receive such annualised payments. A non-teaching employee who does not make application to have his/her salary annualised in accordance with the timeline detailed above will not be eligible to receive such annualised payments.

4.2.3 Where an employee elects to have his/her salary annualised, such arrangement will operate for a period of one

year and the employee will be paid annualised fortnightly payments for one calendar year. A non-teaching employee will elect whether or not he/she will continue the arrangement on an annual basis. Having made the election to have his/her salary annualised, such arrangements cannot be altered during the calendar year in which they are in operation.

4.2.4 Upon receipt of the application to annualise a salary, the Employer will provide to the employee confirmation

in writing of the net annualised fortnightly salary which will be paid to the employee for the period of the arrangement.

4.2.5 An Employees net annualised fortnightly salary will be calculated as follows:

(a) A normal net fortnightly salary will be identified by multiplying the ordinary hourly rate of pay as

prescribed by this Agreement by the number of hours the employee will normally be engaged to work per fortnight. The employee’s pro-rata entitlement to annual leave (calculated on a fortnightly basis and in accordance with the relevant Awards) will be added to create the employee’s normal net annual salary. The normal net annual salary will be divided by the number of fortnights in the particular year in which the arrangement will operate (twenty-six (26) or twenty-six and a half (26.5)). The appropriate amount of tax will be deducted per fortnight and the School Officer will be paid an annualised gross fortnightly salary.

4.2.6 Any additional hours that a employee may be intermittently required to work in addition to the total hours

identified in clause above, will be paid at the casual hourly rate of pay as prescribed by this Agreement. The employee will be paid these hours in addition to the annualised net fortnightly salary.

4.2.7 Any overtime hours (if applicable) which the employee is required to work will be paid at the appropriate

overtime rate, calculated using the ordinary hourly rate of pay as prescribed by this Agreement. The employee will be paid these hours in addition to the annualised net fortnightly salary.

4.2.8 Any pro-rata annual leave loading to which the School Officer is entitled will be paid at the ordinary hourly

rate of pay as prescribed by this Agreement. 4.2.9 Where an employee elects to have his/her salary annualised, such an arrangement will be notated and retained

within the time and wages record kept by the Employer for the employee.

10 4.2.10 So as to avoid doubt, where a School Officer is entitled to pro-rata annual leave, that employee will receive

payment for any public holiday which falls within the period of pro-rata leave (calculated in accordance with the employee’s days of employment immediately before the period of leave).

PART 5 - PRODUCTIVITY MOTIVATED CHANGES The School, through a consultative process within it’s School community, developed a Strategic Plan. Performance Indicators together with time-lines to achieve the Objectives are part of the Strategic Plan. Appropriate monitoring methods will be determined for the Outcomes. Some initiatives will be identified and implemented during the life of this Agreement. The School Enterprise Agreement Committee will continue to convene to consider progress towards the implementation of initiatives and will then report to the Single Bargaining Unit which shall determine whether the provisions of this clause have been met. The productivity motivated changes for the School for the life of this Agreement are listed below: 5.1 Positions Descriptions 5.1.1 It is agreed that position descriptions should be full statements of current duties and responsibilities with any

atypical characteristics clearly defined. 5.1.2 Position descriptions for all staff will be subject to ongoing review and monitoring by all Parties concerned

during the life of this Agreement. 5.2 Appraisal Process 5.2.1 The close link between formative appraisal based on a position description and professional development and

training is accepted and the Parties are committed to continuing appraisal and professional development and training in the life of the Agreement.

5.2.2 The Parties acknowledge that the appraisal system provides opportunities for Employees in consultation with

the Employer to identify strengths, to set goals and identify training needs. 5.2.3 The appraisal model will be school based and administered. It will be developed in open consultation with

Employees and their Unions through a collaborative process in which genuine opportunities for input and feedback will be provided.

5.2.4 The formative appraisal model will be based on the following key elements:

(a) that it is linked to the School’s goals and objectives; (b) that it is built into the operational practice of the School via training of all staff which aims to build

common values and understandings of the structures and processes; (c) that it is developmental and focuses on improvement and development and not on supervision of

individuals; (d) that it is directly linked to a clearly articulated statement of agreed expectations of the staff member(s)

in the School. The emphasis is to be objective; (e) that it is flexible to allow for changes and modification within the stated framework; (f) that it provides for a variety of information collection processes and sources; and (g) that provision for the allocation of adequate resources to operate the process is made.

5.2.5 The following objectives for the appraisal process acknowledge that while staff need to identify their own professional needs and develop strategies for meeting them, there is also a responsibility on the part of the Employer. The objectives for the appraisal model are: (a) to provide an essential avenue for staff to articulate their own career aspirations within the framework

of the School. (b) to offer an opportunity for staff to voice dissatisfaction with any areas, academic, pastoral or

administrative, or School life and to offer constructive and remedial criticism. (c) to assist the School administration to identify needs of individual staff and to take active steps, and to

identify particular strengths of individual staff members to use as valuable resources for the maximum benefit of the School.

11(d) to help the individual staff member to identify personal strengths and weaknesses and offer a means of

exploiting the former and remedying the latter. (e) to enable the administration to discharge its legal responsibility to the Queensland College of Teachers

with respect to provisionally registered Teachers. 5.3 Induction 5.3.1 As part of the School’s induction program, all new staff will receive the following information prior to

commencement of duty: (a) provision of a duty statement; (b) identification of lines of support; (c) provision of material relevant to the ethos and mission of the School; (d) provision of documents relevant to the School, policy and procedures; (e) provision of documents relevant to superannuation entitlements and options; (f) provision of information documents relevant to union coverage and benefits.

5.3.2 While the induction process is an essential professional support for all new staff to perform their roles

effectively, it is acknowledged that new graduate Teachers have specific needs in their first year of teaching. 5.3.3 New graduate Teachers will be granted an additional two periods of release from face-to-face teaching each

week to support them in the preparation of lessons. 5.3.4 The induction process for new graduate Teachers is attached in Schedule 6. 5.4 Professional Development and Training 5.4.1 Professional development will be both school-based and out of school hours to meet the needs of both School

and staff. The School, in consultation with staff will develop a planned program of professional development activities using the strategic plan and other suitable tools to determine individual and group needs.

5.4.2 The School will provide a minimum of five (5) days for teaching staff for professional development and

training in each school year. 5.4.3 The Parties are committed to enhancing the skills of its Employees through the provision of both internal and

external professional development and training which is within the School’s resource capacity. 5.4.4 The professional development and training will be linked to:

(a) the relevant appraisal system; (b) the goals of the School and school wide needs; and (c) the personal goals of Employees as related to their work.

5.4.5 Where staff attend an external course at the Employer’s expense as part of their professional development and

training, a report on that course shall be prepared. Following consultation between the School and the employee, the report may form the basis of a presentation to other interested staff on the content of the course.

5.4.6 A presentation to other staff (as defined above) will occur at a time agreed between the presenting employee

and the School and may be within or outside of normal contact and/or non-contact time. Such a presentation may form part of a designated inservice activity.

5.4.7 The implementation of the professional development shall be determined following consultation between

Management and staff of the School. 5.4.8 The Parties accept a joint responsibility for enhancing skills in the use of technology. The provision of

appropriate professional development and training shall be subject to the provisions of this Agreement. 5.5 Co-Curricula 5.5.1 The Parties recognise that a wide variety of co-curricular activities contribute to the Mission and Ethos of the

School and will enhance the holistic development of the student. Therefore, an organised co-curricular program is provided.

5.5.2 Teachers contribute to the Ethos and Mission of the School by participating in co-curricular activities which

are an integral part of the total school curriculum.

125.5.3 It is the view of the Parties that such practices may generally involve participation in at least two (2) significant

co-curricular activities during the year. 5.5.4 For the purposes of this provision the Parties agree that Clause 1.6.7 of the Schedule 16 shall be considered as

co-curricular activities. 5.5.5 Co-curricular activities thus defined shall continue to be performed on an honorary and voluntary basis. 5.5.6 A schedule of the current recognised elements of the School’s co-curricula has been developed using those

mechanisms outlined in Clause 2.3 of the Agreement. 5.5.7 The Parties acknowledge that members of staff are actively involved in maintaining this schedule and this is

recognised by the Employer as a positive initiative. 5.5.8 Where variation to this schedule is contemplated any such variation shall be by the agreement of those Parties

affected. 5.6 Tutorial Support 5.6.1 As part of their professional responsibilities teaching staff agree to provide a range of tutorial support to

students outside of the prescribed hours of duty. Teaching staff and the Employer agree to identify mechanisms and structures to encourage students to make better use of tutorial support.

5.6.2 The Parties agree that this provision is not to be read as a variation of Clause 11.1 Hours of Duty of this

Agreement but rather recognises a determination by teaching staff affected to meet these needs as part of their professional commitment.

5.7 Pastoral Care The Parties to this Agreement share the same belief that pastoral care is an integral part of the Ethos of Anglican Schools, as indicated in the Strategic Plan. The staff agree non-timetabled pastoral care shall not form part of the contact time component in Clause 11.1 of this Agreement.

5.8 Maximising Student Learning Time 5.8.1 The Parties acknowledge that the aims of efficiency and effectiveness can be enhanced by reviewing existing

school activities with the view to establish protocols which maximise student learning. 5.8.2 The Parties agree to continue to examine the relevant issues including the following:

(a) the use of inservice days; (b) reporting process; (c) structure of the school day; (d) activities outside the classroom; and (e) assessment and reporting procedures.

5.9 Reduce School Operating Costs 5.9.1 The Parties agree to implement improved management practices, including cost centre budgeting over the life

of the Agreement to reduce school operating costs as a proportion of overall costs. 5.9.2 Specific attention will include, but not be restricted to, the following areas:

(a) telephone costs; (b) photocopying costs; (c) maintenance costs; (d) cleaning costs; (e) energy costs; and (f) staffing costs.

5.9.3 The Employer and Employees agree to implement improved management practices over the life of the

Agreement to monitor and seek to control school operating costs as a proportion of overall costs. The Parties agree that the School Consultative Committee shall oversee the goal of achieving the efficient and economic use of resources.

5.9.4 The Parties agree that as staff become aware through professional development, research or from other sources,

of using technology or better work practices to improve efficiency and effectiveness, these suggestions should

13be documented, forwarded to the School Consultative Committee and referred to the appropriate area within the School as appropriate.

5.10 Non-Contact Time - Primary and Preschool Teachers 5.10.1 Teachers in primary schools and pre-schools employed for seven (7) hours or more per week shall be entitled

to three (3) hours of non-contact time per week. 5.10.2 Graduate Teachers and Teachers of a composite class shall be entitled to four (4) hours of non-contact time per

week. 5.10.3 Any additional non-contact time available beyond three (3) hours will be allocated to less experienced

Teachers in the first instance. 5.10.4 Part-time Teachers, engaged for seven (7) hours or more per week, will receive non-contact time equivalent to

time which reflects the proportion the hours the engagement bears to full-time contact hours. 5.10.5 This non-contact time provision may be aggregated as necessary for periods of up to one school term. 5.10.6 The allocation of non-contact time shall be negotiated at the school level in advance of the commencement of

each term and committed to writing, provided that the minimum block of non-contact time shall not be less than 30 minutes.

5.10.7 Within the life of this Agreement the School commits to investigate increasing the non-contact time for

primary Teachers with a view of providing parity with secondary Teachers. 5.11 Fixed Period Appointment 5.11.1 The Employer agrees not to use fixed period appointments unless absolutely necessary. 5.11.2 A fixed period employee shall be defined as an employee appointed to accommodate an identifiable short term

need. 5.11.3 Without limiting the application of the foregoing, an identifiable short-term need could include:

(a) special projects; (b) special government grants; (c) filling the position of a specified employee who is on nominated leave from the School; (d) filling the position of an employee arising from a resignation, where such position is declared vacant

and no suitable permanent employee is available. 5.11.4 Provided a fixed period employee shall be employed for a period no greater than 12 months; provided further

that if the identifiable short-term need exists after the twelve (12) month period, the fixed period appointment may be re-negotiated.

5.11.5 Any agreement reached between an Employer and an employee as prescribed by this clause shall be in writing,

signed by both Parties, and shall clearly identify the terms, conditions and specific duration (commencement and cessation dates) of the appointment.

5.12 Class Sizes 5.12.1 The Parties agree that duty of care responsibilities, maintenance of high health and safety standards and the

optimal educational performance of students are best maintained in smaller groupings of students. 5.12.2 Therefore, it is agreed that:

(a) the size of practical classes will be capped at 25 students, providing there is sufficient work stations/equipment to accommodate this maximum number of student participants in any given practical class;

(b) the size of vocational education classes in Year 11 and 12 will be capped at 15 students in order to

best support quality learning; (c) composite class sizes will be capped at 25 students; and (d) preschool class sizes will be capped at 20 students.

14 5.12.3 These prescribed class sizes may only be exceeded for an identified short term period of not longer than six (6)

weeks and by no more than two (2) students above the agreed maximum numbers. 5.12.4 Accordingly, the Employer shall endeavour to ensure that the following principles inform decisions about the

size of classes and school activities. 5.12.5 The Employer shall:

(a) Give particular consideration to classes that have a high proportion of students with the following characteristics and endeavour to decrease the ratio of students to Teachers in instructional settings: (i) disabilities and/or learning difficulties; and (ii) diverse linguistic and cultural backgrounds.

(b) Consider individual staff preferences, expertise and experience before the allocation of classes. (c) Keep ongoing records of classes that are above average size for the School. Future allocation of class

and duties will take into consideration any previous allocation of classes over the average for the School.

(d) Address duty of care and workplace health and safety considerations in all classes and school

activities. (This may involve the provision of additional Teacher aide time, or the development of agreed ratios in practical classes.)

(e) Ensure that the size of classes in all practical subjects such as science, art, technology subjects and

physical education are smaller than comparable classes and school activities. (f) Endeavour to ensure that the size of classes and school activities containing students with disabilities

or special needs are smaller than comparable classes and school activities. (g) Endeavour to avoid Teachers supervising combined classes which are the result of staff absences,

especially in the case of scheduled staff absences. PART 6 - CAREER STRUCTURE AND CONDITIONS 6.1 Boarding House Staff – Conditions 6.1.1 Conditions of work applicable to Boarding House Staff are contained in Schedule 14 of this Agreement. 6.1.2 The attached provisions regulate:

(a) working hours expectations; (b) rest pauses and meal breaks; (c) duty statements; (d) time off in lieu arrangements; (e) workplace health and safety; (f) roster provisions; (g) payment for public holidays; (h) professional development; and (i) supply of campus accommodation.

6.2 Uniform Allowance – Kitchen Employees 6.2.1 Where an Employer does not provide uniforms to kitchen Employees, the Employer will pay an allowance of

$150 per annum. Pro rata entitlement will apply to part time Employees. 6.2.2 This provision will be paid in fortnightly amounts to the employee and within their normal pay cycle. 6.3 Sleep-over Rate - Boarding Employees 6.3.1 Where an Employer does not provide normal residential accommodation for an employee and an employee is

required to sleep–over, the Employer agrees to pay an allowance of $25 per night for an employee to remain on premises over night to supervise boarding students.

6.3.2 The Employer shall provide sleeping accommodation that is fit and proper.

15 6.4 Nurses 6.4.1 Classification

(a) The Employer agrees to review Nurses’ current classifications during the life of this Agreement with a view to ensuring that each Nurse is accurately classified according to the Schedule 24 Nurses Employment Arrangements.

6.4.2 Roster Provisions

(a) The fortnightly roster will be developed by agreement with the School Nurse, taking into account the operational needs of the School, care of students, the Nurse’s family responsibilities and availability of a replacement Nurse.

6.4.3 Campus Accommodation

(a) The School Nurse shall be provided with on campus accommodation free of charge. This accommodation will be the Nurse’s primary residence and available to them at all times throughout the year. The School will be responsible for the maintenance of such accommodation, as well as all water, rates and electricity costs and charges.

(b) The residence will be provided with a mobile phone for the use of staff with regard to communication

regarding student health issues. The costs associated with the Nurse’s quarters’ residence landline telephone is the responsibility of the staff member, who may submit an expenses claim for any telephone calls associated with the carrying out of nursing duties.

(c) The School will provide all meals in the Dining Hall for the School Nurse, should they require such.

6.5 Positions of Added Responsibility (PAR) / Senior Administration 6.5.1 A PAR/Senior Administration structure appropriate to the needs of the School has been developed and attached

at Schedule 13. 6.5.2 This structure contains provision for time release and financial allowance for designated teaching Positions of

Added Responsibility/Senior Administration in the School. 6.6 Senior Teacher 6.6.1 Eligible Teachers who satisfy agreed criteria have access to salary and status of a Senior Teacher as described

in Schedule 2 as from 1 January 2000. An Eligible Teacher is a Teacher who has 12 months service on Band 3 Step 4 and who satisfies the agreed criteria.

6.6.2 The Parties have developed criteria for a pathway to access the wage rate for a Senior Teacher at Schedule 2 of

this Agreement. 6.7 Classification for School Officers 6.7.1 The nature and scope of the duties performed by School Officers are evolving and changing. This is reflected

in a reviewed classification structure, financial allowances and classification descriptors that form Schedule 4 to this Agreement.

6.7.2 The Parties agree that the School Officers’ Award – Non-Governmental Schools will be varied to reflect the

following: (a) a seventh level in the classification structure with appropriate wage rates; and (b) the inclusion of suitable, modernised descriptors to ensure that School Officers are covered by the

classification structure at an appropriate level. 6.8 Pre-School and Preparatory Teachers The Parties acknowledge that the rates of pay and conditions for Pre-school and Preparatory Teachers shall be those prescribed by this Agreement for Teachers. 6.9 Employment Status

16The Parties agree to review existing staffing profiles for School Officers and other non-Teacher staff with a view to making recommendations on establishing continuing status for term-time Employees where this does not currently exist. PART 7 - FAMILY FRIENDLY POLICIES AND PRACTICES 7.1 Enhanced Conditions for Those With Family Responsibilities The Parties acknowledge that the aims of efficiency, effectiveness and equity can be furthered by increased flexibility and improvements in working arrangements. The Parties acknowledge the decision of the Queensland Industrial Relations Commission implementing Family Leave. 7.1.1 Paid Maternity Leave

(a) Eligible female Employees shall be entitled to six weeks paid maternity leave, in accordance with

Schedule 3 of this Agreement. 7.1.2 Paid Paternity Leave

(a) Eligible male Employees shall be entitled to six weeks paid paternity leave, in accordance with the

provisions of Schedule 3 of this Agreement governing the provision of paid maternity leave for female Employees.

(b) Provided that:

(i) The period of paid paternity leave entitlement shall not rely on the male partner being the

primary care giver for the baby. (ii) The period of paid paternity leave shall not be reduced by the paid or unpaid maternity leave

arrangements of the female partner. (iii) In the event that both parents are Employees of the School, than both Employees are entitled to

a period of six weeks paid leave. In this case, the male partner shall receive one week paid paternity leave at the time of the birth of the baby and the remaining weeks at a time mutually agreed with the Principal with reference to the operational needs of the School.

(iv) The period of paid paternity leave shall not be reduced should the female partner not be

engaged in any paid work prior to her confinement. (v) An eligible male employee shall receive payment for the period of paid paternity leave in

accordance with the normal pay cycle. 7.1.3 Paid Adoption Leave

(a) An employee shall be entitled to six weeks paid adoption leave in accordance with the provisions of

this clause. (b) The eligibility for paid adoption leave, and all provisions associated with such leave shall be those set

out in this clause relating to paid maternity leave, except that the leave may be taken by either partner, who is the primary care giver. The facility to access paid adoption leave applies to all adopted children up to 12 years of age, excluding children of a marriage partner formally adopted by the employee.

7.1.4 Unpaid Parental Leave of Up To Two Years

(a) Employees eligible for parental leave shall be entitled to paid leave as provided by this Agreement and

in addition, a period of unpaid parental leave provided that such leave shall not extend beyond the child’s second birthday.

(b) Provided that Employees who are granted unpaid parental leave for more than one year recommence

employment at the beginning of the last semester prior to the expiration of the two year period. Leave, once granted over twelve months, may only be altered with the Employer’s consent.

17(c) With the agreement of the Employer, Employees may work on a part time basis during this period,

without any compromise to their pre-existing employment status. 7.2 Special Responsibility Leave 7.2.1 This clause is to be read in conjunction with the provisions of Schedule 26 Family Leave 7.2.2 An employee with responsibilities in relation to either members of their immediate family or members of their

household who need their care and support shall be entitled to use up to 10 days per annum sick leave entitlement for absences to provide care and support for such persons when they are ill. This leave shall be taken as Special Responsibility Leave and deducted from the accrued sick leave in accordance with the provisions for Carer’s Leave in Schedule 26.

7.2.3 The employee shall, if required by the Employer, establish by production of a medical certificate and/or

statutory declaration that the person concerned is ill and that the illness is such as to require care by another. 7.2.4 In normal circumstances, an employee shall not take special responsibility leave under this clause where

another person has taken leave to care for the same person. 7.2.5 Special responsibility leave may be taken for part of a single day. 7.2.6 The entitlement to use sick leave in accordance with this clause is subject to:

(a) the employee being responsible for the care of the person concerned. (b) the person concerned being either:

(i) a member of the employee’s immediate family; or (ii) a member of the employee’s household.

(c) the term “immediate family” includes:

(i) the spouse (including a former spouse) of the employee; and (ii) an adult child (including an adopted child, an ex-foster child, a stepchild or an ex-nuptial

child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 7.2.7 the employee shall, where practicable (give the Employer):

(a) notice prior to the absence of the intention to take leave; (b) the name of the person requiring care and their relationship to the employee; (c) the reasons for taking such leave; and (d) the estimated length of absence.

7.2.8 If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Employer

by telephone of such absence at the first opportunity on the day of absence. 7.2.9 An employee may elect with the consent of the Employer, to take unpaid leave. 7.2.10 Notwithstanding the provision of this clause, an employee may elect, with the consent of the Employer, to take

annual leave not exceeding five days in any calendar year at a time or times agreed between the Parties which may be taken in single day periods or parts thereof in any calendar year at a time or times agreed between the Parties.

7.2.11 An employee and Employer may agree to defer payment of the annual leave loading in respect of single day

absences, until at least five (5) consecutive annual leave days are taken. 7.2.12 An employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a

time or times agreed with the Employer to discharge a responsibility to care for or support a person within subclause 7.2.6, whether sick or not.

7.2.13 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour

for each hour worked. 7.2.14 An Employer shall, if requested by an employee, provide payment at the rate provided for the payment of

overtime in the parent Award, for any overtime worked where such time has not been taken within four weeks of accrual and requested by the employee.

187.2.15 An employee may elect, with the consent of their Employer, to work “make-up time”, under which the

employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the parent Award, at ordinary rates.

7.3 Bereavement Leave 7.3.1 This clause is to be read in conjunction with the provisions of Schedule 26 Family Leave 7.3.2 An employee (other than a casual employee) on the death of a member of their immediate family or household

(as defined above) shall be entitled to two days paid bereavement leave per occasion (non-cumulative). In the event that the employee needs to travel to attend a funeral, three days paid bereavement shall be made.

7.3.3 Proof of such death shall be furnished by the employee to the satisfaction of the Employer, if requested. 7.3.4 An employee may apply for unpaid leave when a member of the employee’s immediate family or household in

Australia dies and the period of bereavement leave entitlement provided above is insufficient. The granting of unpaid leave is discretionary, but will not be unreasonably withheld.

7.4 Leave Without Pay 7.4.1 Employees may apply for Leave Without Pay from their position at All Souls St Gabriels School for any

reason. The Employer will consider applications for Leave Without Pay, and may accept or reject applications at their discretion.

7.4.2 Employees on authorised Leave Without Pay shall not lose accrued entitlements such as sick leave and long

service leave. They shall also be paid annual leave and annual leave loading in accordance with this Agreement and the provisions of the relevant Schedule to this Agreement appropriate to the period of paid work undertaken in the year.

7.4.3 While an employee’s absence on Leave Without Pay does not break their continuity of service, the period of

unpaid leave shall not be taken into account in calculating the period of service of the employee. PART 8 - WORKPLACE HEALTH AND SAFETY ISSUES 8.1 Workplace Health and Safety 8.1.1 The Parties agree that the aims of efficiency and effectiveness can be advanced by implementing strategies to

achieve healthier and safer jobs. A continuing review of workplace health and safety procedures will be undertaken and if necessary further guidelines developed, including the provision of training to reduce the incidence and cost of occupational injury and illness.

8.1.2 Where Employees wish to elect a Workplace Health and Safety Representative, a minimum of one day paid

training leave per year will be funded by the School. 8.1.3 Reasonable time release for the performance of tasks associated with the role of Workplace Health and Safety

Representative may be negotiated with the Principal, as required. Such time release shall not unreasonably be refused.

8.2 Bullying and Harassment in the Workplace 8.2.1 All Souls St Gabriels School considers any form of harassment, bullying or violence in the workplace to be

unacceptable behaviour. 8.2.2 Thus:

(a) The Parties have adopted a policy and procedures framework for dealing with issues of harassment and workplace bullying. These are contained at Schedules 11 and 12 of this Agreement.

(b) The policy statement will be displayed in a prominent place in the School. (c) All Employees will be inserviced at least once per year on the policy and procedures in relation to

what is expected of staff in terms of appropriate behaviours and what steps are to be taken if a complaint is made.

19(d) Designated personnel will be appointed to handle complaints. These people will be trained in dealing

with such issues and given time release to deal with any emergent issues as and when required. (e) The grievance procedure developed in the policy and procedures statement is to be used in disputes

arising from harassment and workplace bullying. 8.3 First Aid Certificates 8.3.1 Over the life of this Agreement, all Employees (excluding casual Employees) will obtain a current first aid

certificate. This process will be phased in for every member of staff, beginning with those working with students in higher risk areas, practical classes, sports supervision or more isolated physical locations (e.g. horse club).

8.3.2 Consultation with the School’s Workplace Health and Safety Committee will occur to assist the Principal in

the identification of the most appropriate employee group order for phasing in this practice. 8.3.3 The Employer will provide, once per year at a time stipulated, an accredited course fully paid by the Employer

for this purpose to groups of staff. 8.3.4 The employee will then be responsible for funding their maintenance and / or renewal accreditation of the

certificate. 8.3.5 Employees will undertake the training to both obtain and maintain the certificate in their own time;

notwithstanding the School will take responsibility for the facilitation of the course provision. 8.3.6 An employee who has not obtained the first aid certificate or has not maintained or renewed the accreditation

of the certificate must report the matter to the Principal within a reasonable time period. The Employer will maintain a database of the currency of staff’s first aid certificate, based on staff’s provision of the relevant certification documentation obtained at the conclusion of each course.

PART 9 - CONTEMPORARY LEAVE BENEFITS 9.1 Long Service Leave The Parties acknowledge that the following provisions have been agreed to: 9.1.1 From 1 January 2007 Employees are entitled to access their accrued long service leave after completing seven

(7) years of continuous service. An employee is entitled to access subsequent leave, where that employee has an entitlement of four (4) weeks or more. All applications for leave will be in accordance with the provisions for taking of such leave.

9.1.2 An employee who has completed at least seven (7) years of continuous service is entitled to a proportionate

payment for long service leave on the termination of the employee’s service. 9.1.3 The minimum period of leave that may be taken by an employee is normally four (4) weeks. 9.1.4 Any period of long service leave taken by an employee is exclusive of any public holiday(s), and/or paid

vacation periods. 9.1.5 The Employer will consider the particular circumstances of applications for periods of leave without pay to be

taken in conjunction with long service leave. Such applications will be considered in conjunction with existing guidelines for leave without pay.

9.1.6 Calculation of Leave

All Employees shall be entitled to Long Service Leave after seven years continuous service notwithstanding that part of such ten year period occurred prior to 1 January 1996; provided, that such leave shall be calculated on a proportionate having regard to the Long Service Provisions existing at the time. Accordingly: (a) Teachers:

(i) Shall be entitled to thirteen weeks leave for each twenty years of continuous service completed prior to and including 10 May 1964.

(ii) shall be entitled to thirteen weeks leave for each fifteen years of continuous service completed after 10 May 1964 and prior to 1 January 1982.

(iii) From 1 January 1996, all teaching Employees shall accrue a Long Service Leave entitlement at the rate of 1.3 weeks for each year of continuous service.

20(b) Staff Other Than Teachers:

(i) Shall be entitled to thirteen weeks leave for each twenty years of continuous service completed prior to and including 10 May 1964.

(ii) Shall be entitled to thirteen weeks leave for each fifteen years of continuous service completed after 10 May 1964 and prior to 1 January , 1996.

(iii) From 1 January 1996, all non teaching Employees shall accrue a Long Service Leave entitlement at the rate of 1.3 weeks for each year of continuous service.

9.1.7 Notice

Reasonable notice specifying the period or periods of time during which Long Service Leave is required shall be given to the Principal. However, the Principal shall not be bound to grant leave during the period or periods nominated if these are not suitable. In determining whether reasonable notice has been given the factor to be taken into consideration will be the time between the date upon which notice is given and the time during which leave is required, the nature of the subject taught by a Teacher requiring leave and the degree of difficulty in obtaining a suitable replacement for that Teacher during the period of proposed leave.

9.1.8 Accumulation of Leave

(a) The purpose of these improved conditions is to allow Employees more frequent periods of

refreshment. Employees agree: (i) to take leave as and when it falls due (subject to the conditions herein contained); (ii) to refrain from accumulating such leave; (iii) to ensure wherever possible that the period of leave falls within one semester; (iv) unless exceptional circumstances apply, to avoid splitting leave; and (v) that any variation from the above conditions be made with the agreement of the Principal.

9.1.9 A period of Long Service Leave granted to an employee shall not include, whether in whole or in part, any

vacation to which the employee is entitled, and shall exclude any statutory public holidays occurring during the period of leave taken.

9.1.10 An employee may be granted sick leave when at least three consecutive days of illnesses have occurred whilst

on long service leave, if they have an entitlement to sick leave, upon the production of a doctor’s certificate. 9.1.11 Resignation and Retirement

An employee who resigns or whose service with the School is terminated shall be entitled to payment in lieu of Long Service Leave of such amounts as are due under the provisions of Clause 9.1.6.

9.1.12 Death

If an employee dies during the period of service, the Executor or Trustee shall, upon application to the School and subject to the School’s usual requirements, be entitled to receive payment in lieu of Long Service Leave of such amounts as are due to the employee under the provisions of Clause 9.1.6 above.

9.1.13 By mutual agreement between the Principal and employee, and at the request of the employee only, Employees

may be permitted to accept half pay over the double period of Long Service Leave time otherwise entitled to. 9.1.14 Upon application to the Principal, an employee may apply to take accrued pro rata Long Service Leave time

upon completion of seven years service with the School. This application shall be granted at the Principal’s discretion, taking into account the operational needs of the school.

9.1.15 Industrial Relations Act 1999

The provisions of the Industrial Relations Act 1999 as amended so far as they relate to Long Service Leave shall apply to Employees and the school save to the extent that such provisions are varied by these terms and conditions.

9.2 Sick Leave 9.2.1 Full time Employees are entitled to sick leave, which may include special responsibility leave when a member

of their immediate family or household is ill and needing their care or support, of ten (10) days per year. 9.2.2 Sick leave is cumulative. 9.2.3 Part-time or term-time Employees are entitled to sick leave on a pro rata basis. 9.2.4 The Parties recognise the importance of Employees maintaining healthy lifestyles and regular health check-

ups. The employing authority agrees that Employees with forty (40) or more days of accumulated sick leave

21shall be entitled to use one (1) day per annum of the accumulated sick leave to obtain medical advice and/or treatment of a preventative nature. The employee shall, where practicable, give the employing authority two (2) weeks’ notice prior to taking health check leave.

9.3 Cultural Leave 9.3.1 The Parties recognise and affirm the value of Aboriginal and Torres Strait Islander spirituality and cultures and

accept the important relationship which exists between the people and their culture. 9.3.2 It is agreed that up to three (3) days per year is available on full pay for attendance at events of cultural

significance and activities associated with traditional law and ceremony. 9.3.3 Applications for such leave must be made as soon as possible prior to the event and leave shall not

unreasonably be withheld. All applications for Cultural Leave must be supported by documentation outlining the event and its significance to the employee.

9.4 Emergency and Natural Disaster Leave 9.4.1 The Parties to this Agreement recognise the importance of keeping the School open wherever possible during

times of natural disasters and, should the School need to be closed for a time, to reopen them as soon as possible.

9.4.2 Employees will assist with keeping the School open to support students, families and the community and to

provide continuity of teaching/learning as far as is feasible and safe to do so. They will attend work unless prevented by circumstances or are otherwise on approved leave. Subject to Clause 9.4.3 Employees may be asked to assist with preparing for the reopening of the School.

9.4.3 An employee who is prevented from attending work because of floods, cyclonic disturbances, severe storms, or

bush-fires (or any other comparable natural disaster or emergency) shall be granted paid leave at the discretion of the Employer in the following circumstances: (a) when they have experienced extreme loss or trauma; or (b) where the employee must, of necessity, remain at home to safeguard the employee’s family or

property; or (c) where the employee must remain at home to have temporary repairs effected, restore or replace

essential belongings, complete necessary clean up for safety or to enable occupation of residence etcetera; or

(d) where an employee must remain at home because transport services and facilities are disrupted or discontinued due to weather or flood conditions; or

(e) where the employee is away from their usual residence and is unavoidably delayed in returning to work due to identified and specific disruptions to transport services and facilities; or

(f) where the employee is required to return home before the employee’s usual ceasing time to ensure personal safety, the protection of the employee’s family and property or because the availability of transport services and facilities may be disrupted or discontinued due to weather or flood conditions.

9.4.4 Access to the leave as in Clause 9.4.3 will be coordinated by the Employer. 9.4.5 The Employer will make every effort to clarify contact and communication procedures to be used at times of

emergencies. 9.4.6 The Employer may consider additional paid leave in exceptional circumstances or where an employee is

affected by more than one disaster or emergency in any year. 9.5 Leave for Attendance at Emergencies 9.5.1 An employee who is a member of the State Emergency Service, voluntary member of a local fire fighting unit,

member of a Rural Fire Brigade, auxiliary of a Fire Brigade, Honorary Ambulance Officer or St John’s Ambulance Volunteer, shall be granted paid leave when: called out for emergencies, to fight local fires or where an emergency situation or state of disaster has been declared under the Public Safety Preservation Act 1986 or the Disaster Management Act 2003.

9.5.2 Paid leave is not available for training purposes, however, unpaid leave may be granted at the Employer’s

discretion.

22PART 10 - CONTEMPORARY REMUNERATION BENEFITS 10.1 Occupational Superannuation 10.1.1 Application

In addition to the rates of pay prescribed by this Agreement, eligible Employees, as defined in Clause 10.1.5 (a), shall be entitled to superannuation benefits, in accordance with the provisions of this clause.

10.1.2 Definitions

“Approved Fund” means a fund identified by this clause for the receipt of superannuation contributions for Employees. The funds are: (a) The Queensland Independent Education and Care Superannuation Trust (Industry superannuation fund); (b) AMP; (c) Sun Super.

10.1.3 Only one complying superannuation fund may be chosen by each employee. The employee may change their

superannuation fund at 1 July each year provided one month’s notice is given including all details of the new fund.

10.1.4 Existing staff as at 1 January 2004 may continue to nominate their existing superannuation provider (rather

than any of the three above) where this already occurs. Upon application to the Principal, other superannuation funds may be considered in addition to those specified under special circumstances. (a) “Eligible employee” means an employee who has earned $450 or more in any month. (b) “Ordinary time earnings” means the actual ordinary rate of pay the employee receives for ordinary

hours of work including all allowances and loadings, including those applying to shiftwork, casual work, weekend and holiday work, tools and travel.

10.1.5 Contributions

(a) Amount - The Employer shall contribute on behalf of each eligible employee as from 1 July 2002 an

amount calculated at 9% of the employee’s ordinary time earnings, into the approved fund. Each such payment of contributions shall be rounded off on an equitable basis either to the nearest cent or 10 cents provided that there is consistency of application to all Employees of the Employer. The Parties acknowledge that there is a joint responsibility for contributing to Employees’ retirement provisions. The increases to Employer contributions to superannuation will be phased in and made available on a continuing basis where an employee voluntarily contributes as follows: (i) as of the first full pay period on or after 1 January 2005 or the first full pay period on or after a

successful ballot whichever is the later, a superannuation Employer option of 10.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 3% as the minimum employee contribution, and

(ii) as of the first full pay period on or after 1 January 2006, a superannuation Employer contribution of 11.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 4% as the minimum employee contribution; and

(iii) as of the first full pay period on or after 1 January 2006, a superannuation Employer

contribution of 12.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 5% as the minimum employee contribution..\

Where an employee wishes to access one of the options identified in paragraphs (i), (ii) or (iii) above, the employee will make written application to their Employer.

(b) Regular Payment – The Employer shall pay such contributions to the credit of each such employee at

least once each calendar month or in accordance with the requirements of the Superannuation Fund Trust Deed.

(c) Minimum Level of Earnings – An Employer will not be required to pay superannuation

contributions on behalf of any eligible employee whether full-time, part-time, casual, adult or junior in respect of any month where the employee’s earnings are less than $450.

(d) Absences from Work – Contributions shall continue to be paid on behalf of an eligible employee

during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave

23and bereavement leave. Except in the case of absence on Workers’ Compensation an Employer will not be required to pay superannuation contributions on behalf of any eligible employee during any period of leave without pay. In the case of Workers’ Compensation, the Employer will contribute in accordance with Clause 10.1.5 whenever the employee is receiving by way of Workers’ Compensation, an amount of money no less than the Award rate of pay.

(e) Where an employee wishes to make voluntary contributions to superannuation, the employee may

authorise the company to deduct from the employee’s wages an amount specified by the employee. (f) The Employer will remit personal contributions to each superannuation fund within 28 days of the end

of the month of deductions. (g) Additional employee contributions and/or additional Employer contributions in accordance with the

provisions of this Agreement, will be forwarded to the Fund by the Employer at the same time as the Employer’s contributions made under Clause 10.1.5.

(h) Cessation of Contributions – An Employer shall not be required to make any further contributions

on behalf on an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(i) No Other Deductions – No additional amounts shall be paid by the Employer for the establishment,

administration, management or any other charges in connection with the Fund other than the remission of contributions as prescribed herein.

10.1.6 Salary Sacrifice to Superannuation

(a) An employee may elect to Salary Sacrifice an amount to Superannuation. Where the employee so

elects the following provisions will apply:

(i) The Employer will continue to calculate the contributions required by Clause 10.1.5 and/or the Superannuation Guarantee (Administration) Act 1992 on the basis of the employee’s ordinary time earnings before the salary sacrifice is deducted.

(ii) Salary sacrifice deductions will be made during a period of paid leave and the employee will

receive the rate of pay specified under this Agreement less the salary sacrifice deduction. (iii) Calculation of salary for all purposes including leave accruals and other payments due on

termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions.

(iv) The costs of administration of salary sacrifice for the purpose of superannuation shall be met

by the Employer. 10.1.7 Enrolment

(a) The Employer shall as soon as practicable as to both current and future eligible Employees:

(i) notify each employee of the Employees entitlement to superannuation; (ii) take all reasonable steps to ensure that each eligible employee receives, completes, signs and

returns the necessary application forms provided by the Employer, to enable that employee to become a member of the superannuation fund; and

(iii) submit all completed application forms and any other relevant material to the Trustees of the superannuation fund.

(b) Each employee upon becoming eligible to become a member of the superannuation fund will:

(i) complete and sign the necessary application forms to enable that employee to become a member of the Fund; and

(ii) return such forms to the Employer within 28 days of receipt in order to be entitled to the benefit of the contributions prescribed.

(c) Notwithstanding the failure of an employee to complete the required paperwork, the Employer will

make payments on behalf of the employee to the superannuation fund. 10.1.8 Unpaid Contributions

24(a) Subject to the Industrial Relations Act where it has been established that the Employer has failed to

comply with the requirements of Clause 10.1.5 in respect of any eligible employee, such Employer will be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the superannuation fund had they been paid on the due dates.

(b) The making of such contributions satisfies the requirements of this clause excepting that resort to the

provisions of the clause shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of the superannuation fund.

10.2 Salary Packaging 10.2.1 Salary packaging for individual Employees is offered in accordance with the parameters below: 10.2.2 The Employer agrees to the implementation of salary packaging for components other than superannuation

from 31 March 2005. Administrative guidelines will be developed by the Employer and made available to all Employees.

10.2.3 Components that may be subject to salary packaging arrangements are: superannuation, school fees, laptop

computers / work related equipment. The Employer shall notify in writing those items which may be included in the salary package. This list of items available for salary packaging may be expanded at the beginning of the next Agreement.

10.2.4 All Employees will be advised in writing by the Employer of the benefit of obtaining independent financial

advice prior to entering into any salary packaging arrangement. Employees may choose to waive this right. 10.2.5 Where agreement is reached between the Employer and the employee, salary packaging arrangements may be

made between the individual employee and the Employer and shall be recorded in writing. 10.2.6 Where such an agreement is reached, the employee's total salary shall be reduced by an amount equivalent to

that agreed between the Employer and employee plus any relevant tax liability including fringe benefits tax incurred by the Employer.

10.2.7 The employee’s salary used to calculate superannuation contributions, leave loading, long service leave,

severance and termination payment entitlements, will be the gross base salary as per Schedule 1 of this Agreement, that the employee would receive if not taking part in the salary packaging arrangement.

10.2.8 The maximum amount allowable for salary packaging purposes shall be in accordance with the provisions of

the Australian Taxation Office. 10.2.9 Salary packaging arrangements may be altered once per annum. Application for alterations must be received

by the Business Manager by 31 March for action by 1 April each year. 10.2.10 Where the Employer internally administers the salary packaging arrangements for Employees, these

administrative costs will be borne by the Employer. 10.2.11 Notwithstanding this provision, the Employer reserves the right to outsource the administration of such agreed

salary packaging arrangements. Where this occurs the costs of administration of salary sacrifice for the purpose of superannuation only shall be met by the Employer as outlined in Clause 10.2 of this Agreement.

10.3 Fee Remission 10.3.1 Fee Remission is offered to the children of all School staff members (except casuals). 10.3.2 The level of fee remission is a 50% reduction in tuition fees for the children of all staff employed prior to

January 2004 and for the children of all full time staff employed after this date. 10.3.3 The children of part time staff employed after January 2004 will receive a pro rata tuition fee remission on the

basis of the number of hours worked. (For example, a part time School Officer employed in March 2004 who was engaged for 19 hours per week would receive a 25% discount in tuition fees for each of her three children attending the School).

10.3.4 Term time Employees are also eligible for fee remission in accordance with this clause.

2510.3.5 Where the child of an employee might otherwise be entitled to one or more of the following benefits: academic

scholarship, sibling discount, past student discount (or any other discount that may apply) only the greatest single eligible discount on school fees shall apply.

10.3.6 The School bears the FBT costs associated with the provision of this employee benefit. 10.3.7 A “child” of an employee for the purposes of this clause is defined as including any biological, step, adopted or

foster child or the child of an employee’s de facto partner. 10.3.8 Any other request for remission consideration shall remain at the discretion of the Principal. PART 11 - EMPLOYMENT POLICIES AND WORK PRACTICES 11.1 Hours of Duty of Teachers 11.1.1 The following hours of duty shall apply:

(a) Secondary - a maximum of 31 hours/week with no more than 21 hours 30 minutes of face to face

contact time; and (b) Primary - a maximum of 31 hours/week of duty with no more than 24 hours 40 minutes of face to

face contact time. 11.1.2 The Parties agree that by mutual agreement, the hours of duty may occur outside the spread of hours contained

in this Agreement. 11.1.3 The organisation of the hours of duty set out above will be determined by the School using mechanisms

consistent with Clause 2.4 of this Agreement. 11.1.4 Schedule 10 of this Agreement details the relevant provisions governing Teachers’ hours of duty. 11.1.5 The Parties agree that Hours of Duty will be monitored during the life of this Agreement and will be

considered in a subsequent Agreement.

11.2 School Policies School Policies are adopted to guide staff in their professional responsibilities to students, each other and the wider School community.

11.2.1 Administration of Medication to Students

The integration of students with special needs into the classroom has meant a significant increase in requests to staff to administer medication to students. This is in addition to the ever present requests to supervise medication for students with coughs, colds, etc. The following guidelines shall be adopted by the Employer authority and promulgated to Employees in the School: (a) Formal Request

(i) A parent/legal guardian must, in the first instance, make a written request to the Principal of the

School. The written request from the parent/legal guardian who requested the administration of medication must be held and kept with either the Principal or Registered Nurse.

(ii) The Registered Nurse, Teacher or other adult person on the School staff, authorised by the

Principal to give medication to a student, may accept responsibility to give medication to a student while at the School or while involved in School approved activities, following such written request from a parent/legal guardian.

(iii) Where the Registered Nurse, Teacher or other adult person on the School staff authorised by

the Principal to give medication to a student, is to administer medication, the instructions provided should be written on the medication container by the pharmacist at the medical practitioner’s direction. The Registered Nurse, Teacher or other authorised person should not accept the instructions solely of the parent/legal guardian. The instructions on the medication container need to indicate specific times at which medication is to be administered, as well as the quantity of medication to be administered.

26(iv) At all times, medication must be kept in a secure place. Parents and students are to be advised

that no medications are to be stored in the dormitory. (v) Schedule 8 medication (eg. Dexamphetamine, Ritalin) is to be stored in a locked cupboard in

the clinic and dispensed by the Registered Nurse. Students must be observed to swallow Schedule 8 medication.

(b) Oral Medication

(i) The Registered Nurse, Teacher or other person authorised to give medication to a student, may give oral medication, provided it is given strictly in accordance with instructions written on the medication container by the pharmacist at the medical practitioner’s direction and is requested by a parent/legal guardian in writing.

(ii) Non-prescribed oral medications (such as analgesics and over-the-counter medications) should

not be administered by Teachers or other persons on the School staff. If administered at all, Panadol is given under the supervision of the Registered Nurse.

(c) Boarding Students

(i) Junior School boarders are to attend the clinic to take their medication under the direction of the Registered Nurse. The Dormitory Supervisor should advise junior boarders to attend the clinic at the appropriate time(s) during the day.

(ii) Year 8-10 boarders are to be given medication by the Registered Nurse. The Registered Nurse

may take the decision to provide sufficient medication for a one or two day period directly to either the student or Dormitory Supervisor. The medication would be provided in the original pharmacist’s container, detailing the boarder’s name and instructions for administration on the label of the container. The Registered Nurse’s professional judgement would determine this decision.

(iii) Year 11-12 boarders may be issued with a whole prescription and detailed written instructions

to self-administer, at the discretion of the Registered Nurse. Alternately, the procedure outlined in (c)(ii) above would be followed.

(d) Outside School Activities

(i) In special circumstances, where the Registered Nurse does not personally administer medication, this responsibility may be delegated by the Principal or Registered Nurse (in accordance with the Chief Health Officer’s “Administration of Medication by Carers” Circular No. 03/98) to a Boarding Supervisor or other staff member.

(ii) Where another staff member is responsible for the administration of medication to a student,

they will be guided in their responsibility through the provision of clear written instructions and will be issued the required amount of medication for the period of absence only. In accordance with usual practice, all medication will be taken by the student in the presence of the staff member.

(iii) This may be necessary where students participate in outside school activities, such as camps or

excursions. (e) Injections

(i) Only a Registered Nurse or medial practitioner are to administer injections, other than a student self-administering their own insulin.

(ii) The Principal may not delegate responsibility for the provision of any injection to any School

employee other than the School Registered Nurse. (f) Record Keeping

(i) An official Register for the Administration of Medication to Students must be maintained and must contain a record of all occasions when medication is administered to a student.

27(ii) Each entry in the Register is to be completed by the authorised person administering the

medication, immediately after the medication is administered. (iii) Each entry in the Register must contain the following:

(1) the date the medication was administered; (2) the time the medication was administered; (3) the name of the student receiving the medication; (4) the name of the medication administered; (5) the exact dosage of medication administered; (6) the signature of the person administering the medication; and (7) the signature of the Principal.

11.2.2 Restraint of Students

(a) Introduction (i) This provision clarifies the powers of Teachers, and other staff who have lawful control or

charge of students, to use reasonable force to prevent students committing a crime; causing injury or damage; or causing disruption. Such powers exist under common law and statute but they have often been misunderstood. These policy provisions are not intended to encourage the use of inappropriate force.

(ii) Teachers should be aware not only of the broad legal justification for physical contact with

students, but also of their vulnerability to allegations, and that they exercise some care in applying force in certain circumstances.

(iii) There is a common misconception that any physical contact with a child is in some way

unlawful. That is not true. Where necessary, reasonable force can be used to control or restrain students. Physical contact with students may also be appropriate or necessary in other circumstances (see below).

(iv) This provision does not in any way authorise the use of corporal punishment. A Teacher is

prohibited from using any degree of physical contact which is deliberately intended to punish a student, or which is primarily intended to cause pain or injury or humiliation.

(b) General Policy

(i) Teachers, and other persons who are authorised by the Principal to have control or charge of

students are authorised to use such force as is reasonable in all the circumstances to prevent a student from doing, or continuing to do, any of the following: (1) committing a criminal offence (including behaving in a way that would be an offence if

the student were not under the age of criminal responsibility); (2) injuring themselves or others; (3) causing damage to property (including the student’s own property); (4) engaging in any behaviour prejudicial to maintaining good order and discipline at the

school or among any of its students, whether that behaviour occurs in a classroom, during a teaching session or elsewhere.

(ii) The provision applies when a Teacher, or other authorised person, is on the School premises,

and when he or she has lawful control or charge of the student concerned elsewhere e.g. on a field trip or other authorised out of school activity.

(c) School Level Policy

(i) The School should develop in consultation with staff a policy about the use of force to control

or restrain students. All members of staff who may have to intervene physically with students must clearly understand the options and strategies open to them. They must know what is acceptable and what is not. The parents and students should also be advised.

(ii) A statement of the School’s policy on this issue should be included with the information the

School gives parents about the School’s policy on discipline and standards of behaviour.

(d) Authorised Staff

28(i) Legislation allows all Teachers at a School to use reasonable force to control or restrain

students. It also allows other people to do so, in the same way as Teachers, provided they have been authorised by the Principal to have control or charge of students. Those might include classroom Teacher aides, supervisors, special needs aides, education officers, School Officers, or voluntary helpers including people accompanying students on visits or activities organised by the School.

(ii) The Principal should identify people, other than Teachers, whom they wish to authorise to have

control or charge of students and therefore be able to use force if necessary. Authorisation may be on a permanent or long term basis because of the nature of the person’s job, or short term for a specific event such as a school trip. The Principal should explicitly inform the people concerned, and ensure that they are aware of and properly understand what the authorisation entails. To ensure this the Principal should arrange for training or guidance. They should keep an up-to-date list of authorised people and ensure the Teachers know who they are.

(e) Types of Incidents

(i) There are a wide variety of situations in which reasonable force might be appropriate, or

necessary, to control or restrain a student. These will fall into three broad categories: (1) where action is necessary in self-defence or because there is an imminent risk of injury; (2) where there is a developing risk of injury, or significant damage to property; (3) where a student is behaving in a way that is compromising good order and discipline.

(ii) Examples of situations that fall within one of the first two categories are:

(1) a student attacks a member of staff, or another student; (2) students are fighting; (3) a student is engaged in, or is on the verge of committing, deliberate damage or

vandalism to property; (4) a student is causing, or at risk of causing, injury or damage by accident, by rough play,

or by misuse of dangerous material or objects; (5) a student is running in a corridor or on a stairway in which he or she might have or

cause an accident likely to injure him or herself or others; (6) a student absconds from a class or tries to leave School (N.B. this will only apply if a

student could be at risk if not kept in the classroom or at School). (iii) Examples of situations that fall into the third category are:

(1) a student persistently refuses to obey an order to leave a classroom; (2) a student behaving in a way that is seriously disrupting a lesson.

(f) Planning for Incidents

If the School is aware that a student is likely to behave in a way that may require physical control or restraint, it will be sensible to plan how to respond if the situation arises. Such planning needs to be addressed: (i) managing the student (eg reactive strategies to de-escalate a conflict, holds to be used); (ii) involving the parents to ensure that they are clear about what specific action the School might

need to take; (iii) briefing staff to ensure they know exactly what action they should be taking (this may identify

a need for training or guidance); (iv) ensuring that additional support can be summoned if appropriate; (v) in some cases, particularly in special education settings, the School may also need to take

medical advice about the safest way to hold students with specific health needs.

(g) Reasonable Force (i) There is no legal definition of ’reasonable force’. It is not possible to set out comprehensively

when it is reasonable to use force, or the degree of force that may reasonably be used. It will always depend on all the circumstances of the case.

(ii) There are, however, two relevant considerations:

(1) The use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it. The use of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force. Therefore physical force could not be justified to prevent a student from committing a trivial misdemeanour, or in a situation that clearly could be resolved without force.

29 (2) The degree of force employed must be in proportion to the circumstances of the incident

and the seriousness of the behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to achieve the desired result.

(iii) Whether is it reasonable to use force, and the degree of force that could reasonably be

employed, might also depend on the age, understanding, and sex of the student.

(h) Practical Considerations (i) Before intervening physically a Teacher should, wherever practicable, tell the student who is

misbehaving to stop, and what will happen if he or she does not. The Teacher should continue attempting to communicate with the student throughout the incident, and should make it clear that physical contact or restraint will stop as soon as it ceases to be necessary. A calm and measured approach to a situation is needed and Teachers should never give the impression that they have lost their temper, or are acting out of anger or frustration, or to punish the student.

(ii) Sometimes a Teacher should not intervene in an incident without help (unless it is an

emergency). For example, when dealing with an older student, or a physically large student, or more than one student, or if the Teacher believes he or she may be at risk of injury. In those circumstances the Teacher should remove other students who might be at risk, and summon assistance from a colleague or colleagues, or where necessary phone the Police. The Teacher should inform the student(s) that he or she has sent for help. Until assistance arrives the Teacher should continue to attempt to defuse the situation orally, and try to prevent the incident from escalating.

(i) Application of Force

(i) Physical intervention can take several forms. It might involve staff:

(1) physically interposing between students; (2) blocking a student’s path; (3) holding; (4) pushing; (5) pulling; (6) leading a student by the hand or arm; (7) shepherding a student away by placing a hand in the centre of the back; or (8) (in extreme circumstances) using more restrictive holds.

(ii) In exceptional circumstances, where there is an immediate risk of injury, a member of staff may need to take any necessary action that is consistent with the concept of ‘reasonable force’; for example to prevent a young student running off a pavement onto a busy road, or to prevent a student hitting someone, or throwing something.

(iii) In other circumstances staff should not act in a way that might reasonably be expected to cause

injury, for example by: (1) holding a student around the neck, or by the collar, or in any other way that might

restrict the student’s ability to breathe; (2) slapping, punching or kicking a student; (3) twisting or forcing limbs against a joint; (4) tripping up a student; (5) holding or pulling a student by the hair or ear; (6) holding a student face down on the ground.

(iv) Staff should always avoid touching or holding a student in a way that might be considered indecent.

(v) Where the risk is not so urgent the Teacher should consider carefully whether, and if so when,

physical intervention is right. Teachers should always try to deal with a situation through other strategies before using force. All Teachers need developed strategies and techniques for dealing with difficult students and situations which they should use to defuse and calm a situation. In a non-urgent situation force should only be used when other methods have failed.

(vi) That consideration is particularly appropriate in situations where the aim is to maintain good

order and discipline, and there is no direct risk to people or property. As the key issue is establishing good order, any action which could exacerbate the situation needs to be avoided.

30The possible consequences of intervening physically, including he risk of increasing the disruption or actually provoking an attack, need to be carefully evaluated.

(vii) The age and level of understanding of the student is also very relevant in those circumstances.

Physical intervention to enforce compliance with staff instructions is likely to be increasingly inappropriate with older students. It should never be used as a substitute for good behavioural management.

(j) Recording Incidents

(i) It is important that there is a detailed, contemporaneous, written report of any occasion (except

minor or trivial incidents) where force is used. It may help prevent any misunderstanding or misrepresentation of the incident, and it will be helpful should there be a complaint.

(ii) Schools need keep an up-to-date record of all incidents, preferably in an incident book.

Immediately following any such incident the member of staff concerned should tell the Principal or a senior member of staff and provide a written report as soon as possible afterwards. These reports should include: (1) the name(s) of the student(s) involved, and when and where the incident took place; (2) the names of any other staff or students who witnessed the incident; (3) the reason that force was necessary (eg to prevent injury to the student, another student

or member of staff); (4) how the incident began and progressed, including details of the student’s behaviour,

what was said be each of the Parties, the steps taken to refuse or calm the situation, the degree of force used, how that was applied, and for how long;

(5) the student’s response, and the outcome of the incident; (6) details of any injury suffered by the student, another student, or a member of staff and

of any damage to property. (iii) Staff may find it helpful to seek advice from a senior colleague or a representative of their

Union when compiling a report. They should also keep a copy of the report. (iv) Incidents involving the use of force can cause the parents of the student involved great concern.

Parents should be informed of an incident involving their child, and give them an opportunity to discuss it. The Principal, or member of staff to whom the incident is reported, will need to consider whether that should be done straight away or at the end of the school day, and whether parents should be informed only orally, or in writing.

(k) Complaints

The possibility that a complaint might result in a disciplinary issue, or a criminal prosecution, or in a civil action brought by a student or parent, cannot be ruled out. In those circumstances it would be for the employing authority or the court to decide whether the use and degree of force was reasonable in all the circumstances. In that event, however, the investigation, or court, would have regard to these provisions take account of the School’s policy on restraint, whether that had been followed, and the need to prevent injury, damage, or disruption, in considering all the circumstances of the case.

(l) Physical Contact with Students in Other Circumstances (i) There are occasions when physical contact with a student may be proper or necessary other

than those covered. Some physical contact may be necessary to demonstrate exercises or techniques during PE lessons, sports coaching, or if a member of staff has to give first aid. Young children and children with special education needs may need staff to provide physical prompts or help. Touching may also be appropriate where a student is in distress and needs comforting. Teachers will use their own professional judgement when they feel a student needs this kind of support.

(ii) There may be some children for whom touching is particularly unwelcome. For example,

some students may be particularly sensitive to physical contact because of their cultural background, or because they have been abused. It is important that all staff receive information on these children. In addition, the School will need to develop clear common practice towards particular groups of children and events. There should be a common approach where staff and students are of different sexes. Physical contact with students becomes increasingly open to question as students reach and go through adolescence, and staff should also bear in mind that even innocent and well-intentioned physical contact can sometime be misconstrued.

31

11.3 Formal Review For Unsatisfactory Performance For any number of reasons, an employee may experience significant difficulties in performing their duties. Identifiable assistance and support/training should be provided by the Employer to such Employees. Where unsatisfactory performance occurs over a continuing period and despite relevant and adequate assistance given, a clearly, documented and formal process should be followed as detailed in Schedule 5 of this Agreement.

11.4 Payment of Part-Time Teachers 11.4.1 The status and rate of payment of a part-time Teacher as set out hereunder shall be determined by the

Employer at point of engagement.

(a) Dividing the fortnightly rate of prescribed salary for a Teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23%. No payment shall be made to such part-time Teachers for statutory holidays, school vacation periods or days absent from duty because of illness or any other reason.

(b) Dividing the fortnightly rate or prescribed salary for a Teacher of equivalent teaching experience and

academic qualification by 60. Part-time Teachers employed in accordance with this provision shall accrue a pro rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

11.4.2 No existing casual or part-time employee will have the status as in sub-clause 11.4.1(a) and (b) of his/her

employment changed unless the change is agreed to by the employee. 11.4.3 A part-time Teacher in the secondary schools shall be allowed time for corrections, assessments or evaluations

at the school, not less than at the rate of one hour for every five hours of teaching time. This time shall be paid at the appropriate part-time rate.

11.4.4 No part-time Teacher shall be employed for more than an aggregate of sixteen hours of actual teaching per

week. 11.4.5 Notwithstanding the above, a part-time Teacher fulfilling the role of specialist Teacher or senior administration

relief in a primary school may be employed for an aggregate of 22 hours per week. 11.4.6 The provisions of Clause 2.2 contained in the Schedule 16 shall apply to part-time Teachers. 11.4.7 Payment shall also be made at the prescribed rate to a part-time Teacher whose class or classes are not

available unless notice of the unavailability of such classes has been given to the part-time Teacher on the preceding school day.

11.5 Term Time Employment – Ancillary Staff 11.5.1 Where ancillary staff are engaged on other than a full time basis (that is, part time, term time, or fixed period)

the employee shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full time rate divided by 38.

11.5.2 Employees under this subclause shall be entitled to receive pro rata entitlements to annual leave and sick leave

in accordance with the relevant provisions in the parent Awards or Enterprise Bargaining Agreements. 11.5.3 A term time employee is a continuing employee engaged on the following basis:

(a) 38 hours per week but less than 52 weeks per year; or (b) less than 38 hours per week and less than 52 weeks per year.

11.5.4 A casual employee shall not be employed for an engagement exceeding 20 working days. 11.5.5 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be

paid the appropriate rate for the number of hours normally worked on that day. 11.5.6 A casual employee shall be paid an hourly rate equal to one thirty-eighth of the weekly rate for a full time

employee plus 23% with a minimum payment of two (2) hours for each day’s engagement. 11.5.7 Nurses are specifically excluded from term time employment arrangements.

32 11.6 Payment of Public Holidays - Term Time Employees

For the purposes of determining the commencement and ceasing dates of fixed term or term time contracts of employment, such contract will be deemed to commence on the Monday of the week in which the employee commences employment and will be deemed to conclude on the Friday of the week the contract ceases.

11.7 Conditions for Staff Residence 11.7.1 Both teaching and non-teaching staff who are resident on campus and who receive accommodation, electricity

and some meals at no cost, will provide ten (10) hours of service weekly during term time, in exchange for the above benefits.

11.7.2 This requirement does not apply to staff with Boarding House duties and is to be received from each family

unit. For example, two married staff members would provide ten (10) hours service in term time per week in total in exchange for free accommodation, electricity and some meals.

11.7.3 The ten (10) hours weekly term time service provided is in addition to the hours employed for which wages are

received. By mutual agreement only, these 370 hours (or pro rata time) may be performed over the course of a calendar, rather than school, year.

11.7.4 Such additional duties will be within the Employees’ skills, experience and training to protect the legal liability

of the School and individual staff member. The duties will be negotiated and agreed between the Principal and staff member at the commencement of each school year.

11.8 Job Sharing 11.8.1 The Parties agree that job share provisions can assist Employees in balancing work and family demands

throughout various stages of their life and work cycle and as such job share can have advantages for Employees and the School.

11.8.2 Any staff member holding a full time continuing position may make application to the Principal to initiate a

job share arrangement for a defined period. 11.8.3 The Principal will consider any request by staff and will make a determination on each case on its own merit at

their discretion. In each case, the students’ welfare will be a factor taken into consideration. 11.8.4 Elements for consideration by the Parties to any job share arrangement are contained at Schedule 7 of this

Agreement. 11.9 Length of School Year

The Parties agree that the length of the school year shall not exceed forty (40) weeks. 11.10 Fixed Period Appointment 11.10.1 A fixed period employee shall be defined as an employee appointed to accommodate an identifiable short term

need. 11.10.2 Without limiting the application of the foregoing, an identifiable short-term need could include:

(a) special projects; (b) special government grants; (c) filling the position of a specified employee who is on nominated leave from the School; (d) filling the position of an employee arising from a resignation, where such position is declared vacant

and no suitable permanent employee is available. 11.10.3 Provided a fixed period employee shall be employed for a period no greater than 12 months; provided further

that if the identifiable short-term need exists after the twelve (12) month period, the fixed period appointment may be re-negotiated.

11.10.4 Any agreement reached between an Employer and an employee as prescribed by this clause shall be in writing,

signed by both Parties, and shall clearly identify the terms, conditions and specific duration (commencement and cessation dates) of the appointment.

33 11.11 Banking of Authorised Overtime 11.11.1 Subject to the provisions of this clause the ordinary hours of work for an employee shall not exceed 38 hours

per week. 11.11.2 Such ordinary hours of work shall be worked continuously (except for meal breaks) between 7:00a.m. and

6:00p.m. on Mondays to Fridays inclusive.

11.11.3 The normal starting and finishing times of ordinary hours shall be established at the point of engagement and may only be varied by the employing authority with two weeks’ notice, or a shorter period by mutual agreement.

11.11.4 Where the Employer requires an employee to work either before these normal starting times or after these

normal finishing times, the employee may choose to receive overtime payment in accordance with sub-clause 11.11.5 or the employee may choose, subject to the provisions outlined in 11.11.6, to bank time, and be accessed in accordance with sub-clause 11.11.6.

11.11.5 Except as provided in sub-clause 11.11.6, any authorised time outside, or in excess of, the ordinary hours of

work, will be overtime and will be paid for at the rate of time and one-half for the first three (3) hours and double time thereafter.

11.11.6 Notwithstanding the provisions of sub-clause 11.11.5, an employee who has undertaken authorised overtime

may bank time which will be paid as time off in lieu in accordance with this sub-clause.

(a) Only the first three (3) hours of overtime at any one day may be banked. (b) Banked time taken as time off in lieu will be taken and paid for at the rate of ordinary time. Overtime

on any one day, in excess of three (3) hours, will be paid at the rate of double time. (c) An employee may choose to bank time to be paid during a vacation period. An employee exercising

this option must allocate all banked time off in lieu toward payment during the vacation period(s). Banked time taken at other times will be taken at a mutually convenient time.

(d) Where an employee exercises their choice to access time off in lieu during a vacation period the

employee must advise their Employer in writing of this decision and the period(s) when they wish to receive payment within four (4) weeks of the first banking of overtime in that school year.

(e) Time off in lieu, except for that described in paragraph (c) must be taken within six (6) months of its

accrual and will be taken at a mutually convenient time. (f) Any banked time not taken in accordance with paragraphs (c) or (e) will be paid at the rate of time and

one-half. 11.12 Support for Teachers Who Have Students with Special Classroom Needs

11.12.1 All Souls St Gabriels School recognises the all students are individuals and vary in their circumstance,

location, ability and identity. The cumulative and inter-related impact of one or more of these factors or experiences can place individuals at educational risk. The School will endeavour to develop practices to support all components of an education for all students in our School community. This includes support to all students, parents and teachers from diverse backgrounds, to improve their achievement levels and completion of schooling. The School is committed to the ideas of inclusive and equitable education for all.

11.12.2 To successfully deliver on the School’s commitment to inclusive and equitable education for all students, a

number of initiatives would be introduced to address particular needs and support the teachers in their efforts to provide optimal educational opportunity to all students. These would include: (a) Gathering detailed information on enrolment which is relevant to developmental, social, emotional or

academic needs of each student and a history of any support already provided. (b) Assessing student requirements and liaising with teaching staff, parents and support agencies to

determine the ability of each student with special needs to access the curriculum and to make decisions with regard to the provision of appropriate learning experiences.

34(c) Making considered decisions with regard to the placement of students with special needs considering

classroom teacher, class size and composition. (d) Providing professional development for teachers and/or teacher aides to provide them with support and

strategies to assist students with special needs to actively engage in the learning process. (e) Liaising on a regular basis with the appropriate support agencies and accessing expert advice

particularly through visiting teachers and critical friends. (f) Exploring all avenues to secure extra funding to provide for students with special needs. (g) Investigating the possibility of extra preparation time and teacher aide support for teachers of students

with special needs on advice from support agencies and given the level of funding provided by the Government

PART 12 - CONTEMPORARY INDUSTRIAL PRACTICES 12.1 Redundancy Provisions 12.1.1 The Employer acknowledges that they have a duty of care to their Employees and seek to maintain full

employment for their staff. 12.1.2 Notwithstanding this commitment to continuing employment, situations may arise where positions become

redundant. Staff affected by such redundancies shall be entitled to:

(a) an initial payment equal to two (2) week’s salary for each year of service to a maximum payment equivalent to 52 week’s salary;

(b) minimum notice requirement under their relevant Schedule for termination of employment; and

12.1.3 An employee shall be given a minimum of four (4) week’s notice of impending redundancy, or in lieu of such

notice, be entitled to an additional four (4) week’s salary. 12.1.4 Such payment will not diminish or negatively impact on other entitlements accrued by the employee during

their period of employment. 12.1.5 The requirement for consultation to occur between all Parties in the event of any termination, change or

redundancy, as specified in the Queensland Industrial Relations Commission’s Statement of Policy on ‘Termination, Changes and Redundancy’, is also acknowledged.

12.2 Equity 12.1.1 The Employer is committed to addressing inconsistencies in its Employees’ working conditions and

entitlements and agrees to investigate such matters for all categories of Employees. 12.1.2 During the life of this Agreement the Parties will review all working conditions and entitlements with a view to

rationalising conditions and entitlements according to equity principles. 12.3 Job Security

The Parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the School. The Parties further acknowledge that Employees are a critical element in the improvement of quality service delivery. Job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought.

35 PART 13 - FUTURE RE-NEGOTIATION OF AGREEMENT 13.1 Renewal or Replacement of Agreement 13.1.1 Subject to satisfactory implementation of this Agreement the Parties agree to re-open negotiations at least six

months prior to the expiry of this Agreement. Further, the Parties agree to monitor the implementation of the Agreement through the SBU and identify issues suitable for negotiation in a replacement Agreement.

13.1.2 The Parties agree that this Agreement may be varied by a further Agreement in circumstances where all of the

Parties genuinely agree that a variation is necessary. 13.1.3 Any agreed variation to this Agreement will be subject to the same consultation and approval process as that

used for the Agreement.

13.2 Matters Reserved 13.2.1 The following employment conditions shall be discussed during the life of this Agreement with a view of

implementation where agreement is reached. (a) Improvements to Superannuation; (b) Boarding House Arrangements and Conditions of Staff Residence; (c) Nurse’s Working Hours; (d) Nurse’s On-Call Expectations and Allowance; (e) Positions of Added Responsibility / Senior Administration Provisions; (f) School Policies; (g) Classifications for School Officers.

36SCHEDULE ONE

WAGE RATES

Teachers’ Award Non-Governmental Schools

fortnight annual fortnight annual fortnight annual fortnight annualBand 1Step 1 1,479.90 38,609 1,539.90 40,174 1,601.50 41,782 1,665.60 43,454Step 2 1,523.20 39,739 1,584.10 41,328 1,647.50 42,982 1,713.40 44,701Step 3 1,576.00 41,116 1,639.00 42,760 1,704.60 44,471 1,772.80 46,251Step 4 1,632.10 42,580 1,697.40 44,283 1,765.30 46,055 1,835.90 47,897Band 2Step 1 1,678.70 43,796 1,745.80 45,546 1,815.60 47,367 1,888.20 49,261Step 2 1,772.10 46,232 1,843.00 48,082 1,916.70 50,005 1,993.40 52,006Step 3 1,865.10 48,659 1,939.70 50,605 2,017.30 52,629 2,098.00 54,735Step 4 1,958.40 51,093 2,036.70 53,135 2,118.20 55,262 2,202.90 57,471Step 5 2,051.60 53,524 2,133.70 55,666 2,219.00 57,891 2,307.80 60,208Band 3Step 1 2,129.50 55,557 2,214.70 57,779 2,303.30 60,091 2,395.40 62,494Step 2 2,207.20 57,584 2,295.50 59,887 2,387.30 62,282 2,482.80 64,774Step 3 2,285.00 59,613 2,376.40 61,998 2,471.50 64,479 2,570.40 67,059Step 4 2,362.60 61,638 2,457.10 64,103 2,555.40 66,668 2,657.60 69,334

Senior Teacher 2,528.30 65,961 2,629.40 68,598 2,734.60 71,343 2,844.00 74,197Northern Allowance 5.55 5.77 6.00 6.24

As from 1 January 2009

(4% or $30 per week whichever is greater)

ClassificationAs at

1-January 2006

As from 1 January 2007

(4% or $30 per week whichever is greater)

As from 1 January 2008

(4% or $30 per week whichever is greater)

Positions of Added Responsibility

ClassificationAs at

1 January 20064% from

1 January 20074% from

1 January 20084% from

1 January 20091 Unit of

PAR Allowance1,530 1,591 1,655 1,721

37

School Officers’ Award - Non-Governmental Schools

fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Level 1Step 1 1,167.40 30,456 15.36 18.89 1,227.40 32,022 16.15 19.86 1,287.40 33,587 16.94 20.84 1,347.40 35,152 17.73 21.81Step 2 1,193.00 31,124 15.70 19.31 1,253.00 32,690 16.49 20.28 1,313.00 34,255 17.28 21.25 1,373.00 35,820 18.07 22.22Step 3 1,218.50 31,789 16.03 19.72 1,278.50 33,355 16.82 20.69 1,338.50 34,920 17.61 21.66 1,398.50 36,485 18.40 22.63Step 4 1,244.20 32,460 16.37 20.14 1,304.20 34,025 17.16 21.11 1,364.20 35,591 17.95 22.08 1,424.20 37,156 18.74 23.05

Level 2Step 1 1,269.40 33,117 16.70 20.54 1,329.40 34,683 17.49 21.52 1,389.40 36,248 18.28 22.49 1,449.40 37,813 19.07 23.46Step 2 1,304.60 34,036 17.17 21.11 1,364.60 35,601 17.96 22.09 1,424.60 37,166 18.74 23.06 1,484.60 38,732 19.53 24.03Step 3 1,320.40 34,448 17.37 21.37 1,380.40 36,013 18.16 22.34 1,440.40 37,579 18.95 23.31 1,500.40 39,144 19.74 24.28

Level 3Step 1 1,320.40 34,448 17.37 21.37 1,380.40 36,013 18.16 22.34 1,440.40 37,579 18.95 23.31 1,500.40 39,144 19.74 24.28Step 2 1,351.60 35,262 17.78 21.87 1,411.60 36,827 18.57 22.85 1,471.60 38,393 19.36 23.82 1,531.60 39,958 20.15 24.79Step 3 1,413.10 36,866 18.59 22.87 1,473.10 38,432 19.38 23.84 1,533.10 39,997 20.17 24.81 1,594.40 41,596 20.98 25.80Step 4 1,452.80 37,902 19.12 23.51 1,512.80 39,467 19.91 24.48 1,573.30 41,046 20.70 25.46 1,636.20 42,687 21.53 26.48

Level 4Step 1 1,479.20 38,591 19.46 23.94 1,539.20 40,156 20.25 24.91 1,600.80 41,763 21.06 25.91 1,664.80 43,433 21.91 26.94Step 2 1,518.60 39,619 19.98 24.58 1,579.30 41,202 20.78 25.56 1,642.50 42,851 21.61 26.58 1,708.20 44,565 22.48 27.65Step 3 1,558.40 40,657 20.51 25.22 1,620.70 42,282 21.33 26.23 1,685.50 43,973 22.18 27.28 1,752.90 45,731 23.06 28.37

Level 5Step 1 1,611.20 42,035 21.20 26.08 1,675.60 43,715 22.05 27.12 1,742.60 45,463 22.93 28.20 1,812.30 47,281 23.85 29.33Step 2 1,650.70 43,065 21.72 26.72 1,716.70 44,787 22.59 27.78 1,785.40 46,579 23.49 28.90 1,856.80 48,442 24.43 30.05Step 3 1,690.30 44,098 22.24 27.36 1,757.90 45,862 23.13 28.45 1,828.20 47,696 24.06 29.59 1,901.30 49,603 25.02 30.77

Level 6Step 1 1,743.80 45,494 22.94 28.22 1,813.60 47,315 23.86 29.35 1,886.10 49,206 24.82 30.53 1,961.50 51,174 25.81 31.75Step 2 1,838.70 47,970 24.19 29.76 1,912.20 49,887 25.16 30.95 1,988.70 51,883 26.17 32.19 2,068.20 53,957 27.21 33.47Step 3 1,934.10 50,459 25.45 31.30 2,011.50 52,478 26.47 32.55 2,092.00 54,578 27.53 33.86 2,175.70 56,762 28.63 35.21Step 4 2,030.40 52,971 26.72 32.86 2,111.60 55,090 27.78 34.17 2,196.10 57,294 28.90 35.54 2,283.90 59,585 30.05 36.96Step 5 2,123.50 55,400 27.94 34.37 2,208.40 57,615 29.06 35.74 2,296.70 59,919 30.22 37.17 2,388.60 62,316 31.43 38.66

Level 7Step 1 2,131.80 55,617 28.05 34.50 2,217.10 57,842 29.17 35.88 2,305.80 60,156 30.34 37.32 2,398.00 62,561 31.55 38.81Step 2 2,171.40 56,650 28.57 35.14 2,258.30 58,917 29.71 36.55 2,348.60 61,273 30.90 38.01 2,442.50 63,722 32.14 39.53Step 3 2,210.90 57,680 29.09 35.78 2,299.30 59,986 30.25 37.21 2,391.30 62,387 31.46 38.70 2,487.00 64,883 32.72 40.25Step 4 2,249.80 58,695 29.60 36.41 2,339.80 61,043 30.79 37.87 2,433.40 63,485 32.02 39.38 2,530.70 66,023 33.30 40.96Step 5 2,289.00 59,718 30.12 37.05 2,380.60 62,107 31.32 38.53 2,475.80 64,591 32.58 40.07 2,574.80 67,174 33.88 41.67

First Aid Allowance 22.24 23.13 24.06 25.02Qualifications Allowance 51.84 53.91 56.07 58.31Northern Allowance 2.10 2.18 2.27 2.36

ClassificationAs from 1 January 2008

(4% or $30 per week whichever is greater) As from 1 January 2009

(4% or $30 per week whichever is greater) As at

1 January 2006As from 1 Jauary 2007

(4% or $30 per week whichever is greater)

38

Childcare Industry Award - State (Outside School Hours Care)

fortnight annual fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Assistant - UnqualifiedYear 1 1,084.50 28,294 1,144.50 29,859 15.06 18.52 1,204.50 31,424 15.85 19.49 1,264.50 32,990 16.64 20.46Year 2 1,154.90 30,130 1,214.90 31,696 15.99 19.66 1,274.90 33,261 16.78 20.63 1,334.90 34,826 17.56 21.60Year 3 1,184.00 30,889 1,244.00 32,455 16.37 20.13 1,304.00 34,020 17.16 21.10 1,364.00 35,585 17.95 22.08Year 4 1,209.90 31,565 1,269.90 33,130 16.71 20.55 1,329.90 34,696 17.50 21.52 1,389.90 36,261 18.29 22.49

Assistant - QualifiedYear 1 1,129.40 29,465 1,308.00 34,124 17.21 21.17 1,368.00 35,690 18.00 22.14 1,428.00 37,255 18.79 23.11Year 2 1,160.60 30,279 1,338.40 34,918 17.61 21.66 1,398.40 36,483 18.40 22.63 1,458.40 38,048 19.19 23.60Year 3 - - 1,368.00 35,690 18.00 22.14 1,428.00 37,255 18.79 23.11 1,488.00 38,820 19.58 24.08

Co-ordinator - UnqualifiedYear 1 1,400.70 36,543 1,567.00 40,881 20.62 25.36 1,638.00 42,734 21.55 26.51 1,703.50 44,443 22.41 27.57Year 2 1,424.20 37,156 1,581.20 41,252 20.81 25.59 1,658.00 43,256 21.82 26.83 1,724.30 44,985 22.69 27.91Year 3 1,461.90 38,140 1,608.60 41,967 21.17 26.03 1,688.00 44,038 22.21 27.32 1,755.50 45,799 23.10 28.41

Co-ordinator - QualifiedYear 1 1,511.60 39,436 1,644.40 42,901 21.64 26.61 1,718.00 44,821 22.61 27.80 1,786.70 46,613 23.51 28.92Year 2 1,535.00 40,047 1,661.40 43,344 21.86 26.89 1,758.00 45,864 23.13 28.45 1,828.30 47,699 24.06 29.59Year 3 1,555.50 40,581 1,701.40 44,388 22.39 27.54 1,798.00 46,908 23.66 29.10 1,869.90 48,784 24.60 30.26

Northern Allowance 2.10 2.10 2.10 2.10

ClassificationAs from 1 January 2009

(4% or $30 per week whichever is greater)

As from 1 Jauary 2007(4% or $30 per week or award whichever is

greater)

As from 1 January 2008(4% or $30 per week or award whichever is

greater)

As at1 January 2006

39

Café, Restaurant and Catering Award – State (Excluding South East Queensland)

Classification

per fortnight annual fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Housekeeper 1,191.30 31,080 1,251.30 32,645 16.46 20.25 1,311.30 34,211 17.25 21.22 1,371.30 35,776 18.04 22.19Student Movement Co-Ordinator 1,197.60 31,244 1,257.60 32,810 16.55 20.35 1,317.60 34,375 17.34 21.32 1,377.60 35,940 18.13 22.30School Maintenance Assist. 1,094.10 28,544 1,154.10 30,109 15.19 18.68 1,214.10 31,675 15.98 19.65 1,274.10 33,240 16.76 20.62Chef or First Cook 1,194.30 31,158 1,254.30 32,723 16.50 20.30 1,314.30 34,289 17.29 21.27 1,374.30 35,854 18.08 22.24Second Cook 1,159.50 30,250 1,219.50 31,816 16.05 19.74 1,279.50 33,381 16.84 20.71 1,339.50 34,946 17.63 21.68Cook Employed Alone 1,098.30 28,654 1,158.30 30,219 15.24 18.75 1,218.30 31,784 16.03 19.72 1,278.30 33,350 16.82 20.69Cook 1,084.60 28,296 1,144.60 29,861 15.06 18.52 1,204.60 31,427 15.85 19.50 1,264.60 32,992 16.64 20.47

Apprentice: % of Tradesperson'sRate Specified in the Industrial Instrument (Chef or 1st Cook)

Wage Level 1 40% 477.72 12,463 537.70 14,028 7.08 8.70 597.70 15,593 7.86 9.67 657.70 17,159 8.65 10.64Wage Level 2 55% 656.87 17,137 716.90 18,703 9.43 11.60 776.90 20,269 10.22 12.57 836.90 21,834 11.01 13.54Wage Level 3 75% 895.73 23,369 955.70 24,933 12.58 15.47 1,015.70 26,499 13.36 16.44 1,075.70 28,064 14.15 17.41Wage Level 4 90% 1,074.87 28,042 1,134.90 29,608 14.93 18.37 1,194.90 31,174 15.72 19.34 1,254.90 32,739 16.51 20.31Wage Level 5 100% 1,194.30 31,158 1,254.30 32,723 16.50 20.30 1,314.30 34,289 17.29 21.27 1,374.30 35,854 18.08 22.24Wage Level 6 105% 1,254.02 32,716 1,314.00 34,281 17.29 21.27 1,374.00 35,846 18.08 22.24 1,434.00 37,412 18.87 23.21Wage Level 7 110% 1,313.73 34,274 1,373.70 35,838 18.08 22.23 1,433.70 37,404 18.86 23.20 1,493.70 38,969 19.65 24.17

Kitchenhand 1,075.50 28,059 1,135.50 29,624 14.94 18.38 1,195.50 31,189 15.73 19.35 1,255.50 32,755 16.52 20.32Waitress etc. 1,066.50 27,824 1,126.50 29,389 14.82 18.23 1,186.50 30,955 15.61 19.20 1,246.50 32,520 16.40 20.17Laundry 1,126.20 29,381 1,186.20 30,947 15.61 19.20 1,246.20 32,512 16.40 20.17 1,306.20 34,077 17.19 21.14Northern Allowance 2.10 2.18 2.27 2.36

As from 1 January 2009(4% or $30 per week whichever is greater)

As from 1 January 2007(4% or $30 per week whichever is greater)

As from 1 January 2008(4% or $30 per week whichever is greater)

As at1 January 2006

40

Boarding House Employees (excluding South East Queensland) Award – State

fortnight annual fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Boarding House Supervisor

(non teaching)Level 1

Paypoint 1 1,099.40 28682 1,159.40 30,248 15.26 18.76 1,219.40 31,813 16.04 19.74 1,279.40 33,378 16.83 20.71Level 2

Paypoint 1 1,122.40 29282 1,182.40 30,848 15.56 19.14 1,242.40 32,413 16.35 20.11 1,302.40 33,978 17.14 21.08Level 3

Paypoint 1 1,145.50 29885 1,205.50 31,450 15.86 19.51 1,265.50 33,016 16.65 20.48 1,325.50 34,581 17.44 21.45Paypoint 2 1,180.40 30795 1,240.40 32,361 16.32 20.07 1,300.40 33,926 17.11 21.05 1,360.40 35,491 17.90 22.02Paypoint 3 1,215.20 31703 1,275.20 33,269 16.78 20.64 1,335.20 34,834 17.57 21.61 1,395.20 36,399 18.36 22.58Paypoint 4 1,250.00 32611 1,310.00 34,177 17.24 21.20 1,370.00 35,742 18.03 22.17 1,430.00 37,307 18.82 23.14Paypoint 5 1,284.70 33517 1,344.70 35,082 17.69 21.76 1,404.70 36,647 18.48 22.73 1,464.70 38,213 19.27 23.71

Level 4Paypoint 1 1,250.00 32611 1,310.00 34,177 17.24 21.20 1,370.00 35,742 18.03 22.17 1,430.00 37,307 18.82 23.14Paypoint 2 1,284.70 33517 1,344.70 35,082 17.69 21.76 1,404.70 36,647 18.48 22.73 1,464.70 38,213 19.27 23.71Paypoint 3 1,319.50 34424 1,379.50 35,990 18.15 22.33 1,439.50 37,555 18.94 23.30 1,499.50 39,120 19.73 24.27Paypoint 4 1,355.50 35364 1,415.50 36,929 18.63 22.91 1,475.50 38,494 19.41 23.88 1,535.50 40,060 20.20 24.85Paypoint 5 1,391.20 36295 1,451.20 37,860 19.09 23.49 1,511.20 39,426 19.88 24.46 1,571.60 41,001 20.68 25.44

Level 5Paypoint 1 1,355.50 35364 1,415.50 36,929 18.63 22.91 1,475.50 38,494 19.41 23.88 1,535.50 40,060 20.20 24.85Paypoint 2 1,391.20 36295 1,451.20 37,860 19.09 23.49 1,511.20 39,426 19.88 24.46 1,571.60 41,001 20.68 25.44Paypoint 3 1,427.40 37239 1,487.40 38,805 19.57 24.07 1,547.40 40,370 20.36 25.04 1,609.30 41,985 21.18 26.05Paypoint 4 1,451.40 37866 1,511.40 39,431 19.89 24.46 1,571.90 41,009 20.68 25.44 1,634.80 42,650 21.51 26.46Paypoint 5 1,487.30 38802 1,547.30 40,368 20.36 25.04 1,609.20 41,982 21.17 26.04 1,673.60 43,663 22.02 27.09

Level 5 Responsibility Allowance

315.70 328.33 341.46 355.12

Northern Allowance 2.10 2.18 2.27 2.36

As from 1 January 2009(4% or $30 per week whichever is greater)

As from 1 January 2008(4% or $30 per week whichever is greater)

As at1 January 2006Classification

As from 1 Jauary 2007(4% or $30 per week whichever is greater)

41

Miscellaneous Workers’ Award - State

As at1 January 2006

fortnight fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Level 1 1,090.80 1,150.80 30,023 15.14 18.62 1,210.80 31,589 15.93 19.60 1,270.80 33,154 16.72 20.57Level 2 1,159.60 1,219.60 31,818 16.05 19.74 1,279.60 33,383 16.84 20.71 1,339.60 34,949 17.63 21.68Level 3 1,223.20 1,283.20 33,477 16.88 20.77 1,343.20 35,043 17.67 21.74 1,403.20 36,608 18.46 22.71Level 4 1,320.10 1,380.10 36,005 18.16 22.34 1,440.10 37,571 18.95 23.31 1,500.10 39,136 19.74 24.28

Northern Allowance 2.10 2.18 2.27 2.36

ClassificationAs from 1 Jauary 2007

(4% or $30 per week whichever is greater) As from 1 Jauary 2008

(4% or $30 per week whichever is greater) As from 1 Jauary 2009

(4% or $30 per week whichever is greater)

Greenkeeping Industry Award - State

As at1 January 2006

fortnight fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Level 1(a) 1,039.90 1,099.90 28,695 14.47 17.80 1,159.90 30,261 15.26 18.77 1,219.90 31,826 16.05 19.74(b) 1,090.80 1,150.80 30,023 15.14 18.62 1,210.80 31,589 15.93 19.60 1,270.80 33,154 16.72 20.57

Level 2 1,148.40 1,208.40 31,526 15.90 19.56 1,268.40 33,091 16.69 20.53 1,328.40 34,657 17.48 21.50Level 3 1,218.20 1,278.20 33,347 16.82 20.69 1,338.20 34,912 17.61 21.66 1,398.20 36,478 18.40 22.63Level 4 1,320.10 1,380.10 36,005 18.16 22.34 1,440.10 37,571 18.95 23.31 1,500.10 39,136 19.74 24.28Level 5 1,386.60 1,446.60 37,740 19.03 23.41 1,506.60 39,306 19.82 24.38 1,566.90 40,879 20.62 25.36Level 6 1,452.70 1,512.70 39,465 19.90 24.48 1,573.20 41,043 20.70 25.46 1,636.10 42,684 21.53 26.48Northern Allowance 2.10 2.18 2.27 2.36

As from 1 January 2009(4% or $30 per week whichever is greater) Classification

As from 1 Jauary 2007(4% or $30 per week whichever is greater)

As from 1 January 2008(4% or $30 per week whichever is greater)

42

Nurses’ Award - State

ClassificationAs at 1

January 2006

fortnight fortnight annual part time casual fortnight annual part time casual fortnight annual part time casual

Registered Nurse Level 11st Year 1,479.50 1,539.50 40,164 20.26 24.92 1,601.10 41,771 21.07 25.91 1,665.10 43,441 21.91 26.952nd Year 1,554.10 1,616.30 42,168 21.27 26.16 1,681.00 43,856 22.12 27.21 1,748.20 45,609 23.00 28.293rd Year 1,628.50 1,693.60 44,184 22.28 27.41 1,761.30 45,951 23.18 28.51 1,831.80 47,790 24.10 29.654th Year 1,701.50 1,769.60 46,167 23.28 28.64 1,840.40 48,014 24.22 29.79 1,914.00 49,934 25.18 30.98

Registered Nurse Level 21st Year 2,071.10 2,153.90 56,193 28.34 34.86 2,240.10 58,442 29.48 36.25 2,329.70 60,780 30.65 37.702nd Year 2,119.90 2,204.70 57,518 29.01 35.68 2,292.90 59,819 30.17 37.11 2,384.60 62,212 31.38 38.593rd Year 2,169.10 2,255.90 58,854 29.68 36.51 2,346.10 61,207 30.87 37.97 2,439.90 63,655 32.10 39.494th Year 2,218.50 2,307.20 60,193 30.36 37.34 2,399.50 62,601 31.57 38.83 2,495.50 65,105 32.84 40.39

Registered Nurse Level 31st Year 2,311.10 2,403.50 62,705 31.63 38.90 2,499.60 65,212 32.89 40.45 2,599.60 67,821 34.21 42.072nd Year 2,377.70 2,472.80 64,513 32.54 40.02 2,571.70 67,093 33.84 41.62 2,674.60 69,778 35.19 43.293rd Year 2,421.50 2,518.40 65,703 33.14 40.76 2,619.10 68,330 34.46 42.39 2,723.90 71,064 35.84 44.084th Year 2,477.10 2,576.20 67,210 33.90 41.69 2,679.20 69,898 35.25 43.36 2,786.40 72,694 36.66 45.10

Northern Allowance 2.10 2.18 2.27 2.36

As from 1 Jauary 2007(4% or $30 per week whichever is the greater)

As from 1 Jauary 2008(4% or $30 per week whichever is the greater)

As from 1 Jauary 2009(4% or $30 per week whichever is the greater)

43

SCHEDULE 2

SENIOR TEACHER 1. Operation 1.1 This provision operated from 1 January 2000 and prevailed over Clauses 2(20), 8C and Schedule 2(2) of the

Teachers' Award - Non-Governmental Schools. 1.2 The provisions of the Senior Teacher Appendix shall also apply to Preschool and Preparatory Teachers. 1.3 Where “Principal” appears in this Appendix, their nominee may be substituted.

2. Senior Teacher 2.1 The position of Senior Teacher provides the School and Teachers with the opportunity to enhance the quality

of teaching and learning. The Senior Teacher provision provides an opportunity for classroom Teachers to further teaching excellence and promotes a leadership role amongst classroom Teachers by undertaking high level tasks consistent with this Appendix.

2.2 The provisions which are contained within this Appendix will be exclusive of the Promotional Positions –

Anglican Diocese of North Queensland Schools Commission Industrial Agreement. Persons who hold positions under the Promotional Positions – Anglican Diocese of North Queensland Schools Commission Industrial Agreement shall not be eligible for Senior Teacher status and remuneration.

2.3 The tasks of a Senior Teacher will not be those of Promotional Positions and will be remunerated according to

the Senior Teacher provisions as outlined in this Appendix.

3. Eligibility 3.1 A Teacher applying for Senior Teacher status should:

(a) have been on the classification Band 3 Step 4 for a period of at least 12 months; or in the case of a part

time Teacher when the aggregate amount of time paid is 1000 hours; and (b) sign a written undertaking to the Principal consistent with Clause 4, Senior Teacher Action Plan:

Operative Provisions. 3.2 Fixed term and part time teaching Employees are also eligible to apply for Senior Teacher status and the

associated pro rata payment within the parameters described in Clauses 10 and 11 of this Appendix. 3.3 The Employing Authority will initiate advice to the Teacher regarding the Teacher’s eligibility to be a Senior

Teacher which will be: (a) in writing and identify the date of eligibility; and (b) provided in a timely manner (approximately one school term) prior to the date of eligibility.

4. Senior Teacher Action Plan: Operational Provisions 4.1 The Teacher shall provide a written undertaking to demonstrate leadership skills as a classroom Teacher by

nominating a task(s) to perform in one or more of the following areas: (a) Teacher and Learning (b) Teaching Profession (c) School Community (d) Ethos of the School

4.2 The demonstration of leadership skills in these areas of: Teaching and Learning, Teaching Profession, School Community, Ethos of the School, shall involve the demonstration of one or more of the following: (a) skills in effective classroom practices; (b) skills in curriculum implementation; (c) skills in curriculum development; (d) skills in evaluating and reporting students’ progress; (e) skills in developing positive relationships with students; (f) skills in the development of personal and professional relationships with other staff members, parents

and the wider community;

44(g) skills in the development and implementation of ideas gained from professional development activities

to enhance students’ learning; (h) skills in the development and implementation of ideas gained from professional development activities

to promote organisational development or the school’s mission.

4.2.1 The demonstration of one or more of these skills shall involve one or more task(s) mutually agreed to by the Principal and Teacher in an identified context or area which shall be listed on the Senior Teacher Action Plan.

4.3 Following is an indicative list of examples of task(s) that may be nominated by a Senior Teacher applicant:

4.3.1 Teaching and Learning (a) Developing teaching-learning activities which enhance student learning; (b) Modelling effective teaching strategies and classroom management strategies; (c) Providing support to the implementation of a new syllabus; (d) Providing support to the development of curriculum; (e) Providing support to the evaluation of curriculum; (f) Providing support to resource development; (g) Providing support to or undertaking a project, activity or shared action research; (h) Undertaking the testing, recording and reporting associated with core assessment.

4.3.2 Teaching Profession

(a) Making a contribution to the professional development of other Teachers; (b) Providing pastoral support to students; (c) Providing pastoral support to other Employees; (d) Providing support to core testing activities; (e) Providing support to the induction programme for new staff; (f) Undertaking an identified mentoring task(s); (g) Providing support to a year level co-ordinator; (h) Providing support to a subject area co-ordinator; (i) Undertaking a project, activity or shared action research.

4.3.3 School Community

(a) Participation in internal and/or external school/community committees; (b) Undertaking a project, activity or shared action research.

4.3.4 Ethos of the School

(a) Providing leadership to the development of the Ethos and spirituality of the school; (b) Providing leadership to the liturgical/prayer life of the school; (c) Providing leadership to the development of strategic planning in the school.

4.4 The required undertaking consistent with the provisions of Clause 4.1 (above) will be in the form of a Senior

Teacher Action Plan (Attachment A). 4.5 The Senior Teacher Action Plan will be provided to the Principal and if mutually agreed, signed by both

Parties. The Principal may request the Teacher to reshape the Senior Teacher Action Plan in ways that respond to the specific needs of the school.

4.6 In the event that unforeseen circumstances arise which relate to the undertaking, the Senior Teacher Action

Plan may be altered by mutual agreement of the Teacher and Principal. The revised Senior Teacher Action Plan shall also be signed by the Teacher and the Principal.

4.7 A Senior Teacher Action Plan must be submitted four (4) school weeks prior to anticipated appointment, or

when submitting a reshaped Senior Teacher Action Plan. 4.8 The task(s) identified in the Senior Teacher Action Plan will be undertaken in a timely manner, with

reasonable notice from the Principal. 4.9 A Senior Teacher shall be entitled to be paid, subject to Clause 8, Grievance Procedure, the relevant salary

prescribed in Clause 9. 5. Term of Appointment

455.1 The Senior Teacher classification is not subject to any quota in terms of numbers of eligible Teachers or set

tenure periods. Appointment to Senior Teacher status is ongoing and continuing, unless it is withdrawn by the Employer following progress through Clause 8, Grievance Procedure.

5.2 Teachers may apply for Senior Teacher status and associated payment at any time after they become eligible.

This recognises the fact that Teachers will become eligible at different times of the year due to circumstances such as periods of unpaid leave or date of appointment.

6. Annual Review 6.1 A Senior Teacher shall review the Senior Teacher Action Plan each year in conjunction with the Principal and

if appropriate revise the Senior Teacher Action Plan. The Principal may request that a Teacher revise their old Senior Teacher Action Plan.

6.2 Where a Senior Teacher Action Plan is revised it is provided to the Principal and if mutually agreed, signed by

both the Teacher and the Principal. 6.3 Any yearly review would be of the Senior Teacher Action Plan, as opposed to a review of the Senior Teacher.

If the Principal notes that the Senior Teacher is not performing in accordance with their written undertaking, they have access to the grievance procedure contained within this Appendix to bring about compliance with the Teacher’s written undertaking.

7. Classroom Allocation 7.1 It is assumed that a Senior Teacher will usually teach a normal classroom load. The tasks of a Senior Teacher

will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom Teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, within available resources and consistent with the Hours of Duty provision in the Certified Agreement.

8. Grievance Procedure 8.1 A Teacher will not be prejudiced by not having complied with the undertaking given in Clause 4, Senior

Teacher Action Plan: Operative Provisions due to circumstances relating to that undertaking beyond the control of the employee.

8.2 If a Senior Teacher does not comply with the terms of the undertaking in Clause 4 above, the Principal will:

(a) outline the nature of the non-compliance, in writing, to the Teacher; and (b) provide the Teacher with adequate opportunity to explain/redress the situation.

8.3 If the Teacher does not provide an explanation to the satisfaction of the Principal and after being given an

opportunity, fails to address the situation, then (a) the Principal will provide a written determination to the Teacher outlining the Teacher’s non-

compliance with the undertaking; and (b) the Teacher will revert to the classification of Band 3 Step 4 for a period of 12 months.

8.4 During the 12 month period referred to in Clause 8.3(ii), the Teacher is again eligible to apply for Senior

Teacher status, following the process outlined in Clause 4 (above), to take effect for the following year. 8.5 Any Teacher aggrieved by the decision to remove their classification of Senior Teacher, to refuse them entry to

or re-entry to the Senior Teacher classification, may access the dispute resolution procedure contained in Clause 2.3 of this Agreement.

9. Remuneration 9.1 Remuneration payable to a Senior Teacher, on appointment, is at the rate prescribed in Schedule 1. 10. Eligibility of Fixed Term Employees 10.1 In the case of a full-time fixed term employee, then in addition to satisfying the conditions of Clause 4, a fixed

term Teacher can access Senior Teacher only if the Teacher obtains an engagement for a period of at least three (3) school terms.

4610.2 In cases where the classification of Senior Teacher is not accessed by a fixed term Teacher, then there can be

no Employing Authority requirement or expectation that tasks consistent with the Senior Teacher provision will be performed.

11. Eligibility of Part Time Employees 11.1 In the case of a Teacher employed on a part-time basis of at least 0.4 of a full time employee, such a Teacher

may access Senior Teacher through the process identified in Clause 4 and shall receive a proportional salary rate based on the salary rate of a Senior Teacher.

11.2 Task(s) undertaken by a part-time Teacher will reflect the proportion of time employed at the school. No

additional hours shall be paid to the part-time Teacher for undertaking the Senior Teacher Action Plan. 11.3

11.3.1 In the case of a part-time employee, then in addition to satisfying the conditions of Clause 4, a part-time Teacher can access Senior Teacher only if the Teacher obtains engagement for a period of at least three (3) school terms.

11.3.2 In cases where the classification of Senior Teacher is not accessed by a part-time employee, then there

can be no Employing Authority requirement of expectation that tasks consistent with the Senior Teacher provision will be performed.

12. Portability of Senior Teacher 12.1 Senior Teacher status is not automatically portable from any Employing Authority. 12.2 It should be recognised however that Teachers who held Senior Teacher status at another school or who have

been at the Band 3 Step 4 classification for twelve months or more would be eligible to apply for Senior Teacher status.

12.4 Teachers who are eligible for Senior Teacher status on appointment, shall be provided with such advice in

writing and shall be eligible from the date of appointment by the Employing Authority to submit a Senior Teacher Action Plan. When appointed as a Senior Teacher, payment as a Senior Teacher shall be from the date of commencement as an employee, provided that the Teacher provides an undertaking consistent with Clause 4 within four (4) weeks of commencement.

13. Transition for Teachers with AST status 13.1 The AST position ceased on 31 December 1999 and no further applications were accepted after that date. 13.2 Teachers who hold AST status shall be eligible for appointment as a Senior Teacher in accordance with Clause

4 and if appointed shall be paid as a Senior Teacher at the rate prescribed.

47

ATTACHMENT A

SENIOR TEACHER ACTION PLAN

Name: ……………………………………………………………. Date of Eligibility: ……………………………………………………………. Date of Submission: ……………………………………………………………. Senior Teacher status is an opportunity to recognise and reward the skills of experienced classroom Teachers. The position of Senior Teacher provides the School and Teachers with the opportunity to enhance the quality of teaching and learning. The Senior Teacher provision provides an opportunity for classroom Teachers to further teaching excellence and promotes a leadership role amongst classroom Teachers by undertaking high level tasks consistent with this Appendix. The Teacher shall provide a written undertaking to demonstrate leadership skills as a classroom Teacher by nominating a task(s) to perform in one or more of the following areas: • Teacher and Learning • Teaching Profession • School Community • Ethos of the School The task(s) identified shall be in accordance with Clauses 4 and 5 of the Senior Teacher provision contained within this Agreement. These task(s) shall be of substance, easily identified and capable of clear demonstration. Identified task(s): Identified skills demonstrated in the above task(s): Senior Teacher status and the accompanying Senior Teacher Action Plan are operative from [INSERT DATE] and the appropriate salary shall be paid from this date. ......................................................................................... Date / / Teacher ......................................................................................... Date / / Principal

48

SCHEDULE 3 PAID MATERNITY LEAVE ADMINISTRATIVE GUIDELINES

1. Paid Maternity Leave 1.1 Female Employees shall be entitled to six weeks paid maternity leave in accordance with the provisions of this

clause as from 1 January 1998. 2. Interaction with the Family Leave Award 2.1 The provisions of the Family Leave Award – State apply to Employees covered by this Agreement. 2.2 The period of paid leave shall normally be deemed to be the first six weeks following the date of confinement

of the employee where this period falls completely within term time. Notwithstanding the above, the entitlement to six weeks paid maternity leave will not be diminished by an entitlement to paid school vacation time falling within this period. The period of paid maternity leave will be in addition to any paid school vacation time otherwise earnt by the employee. Where an employee has an entitlement to both paid maternity leave and paid school vacation time, the two types of leave will be paid consecutively.

3. Eligibility for Paid Leave 3.1 Employees who have at least one year’s continuous service with the Employer shall be entitled to paid

maternity leave. 3.1.1 Part-time Employees who have been employed for at least 12 months with the Employer

(notwithstanding that the amount of service is less than the equivalent of one (1) year full time service) shall be entitled to paid maternity leave.

3.1.2 Fixed term Employees who have been employed for at least 12 months with the Employer

(notwithstanding that the amount of service is less than the equivalent of one (1) year full time service) shall be entitled to paid maternity leave. In determining this eligibility period for fixed term Employees, two (2) or more fixed term periods may be combined so long as the gap between such periods was less than three (3) months.

3.2 Fixed period Employees who are eligible for maternity leave will be entitled to either six weeks paid maternity

leave or, in the case where the remainder of the contract is less than six weeks, payment until the expiration of the contract.

3.3 Where the contract period of a fixed period employee ends during the period of maternity leave, that employee

will not be entitled to have this contract period extended, nor will she be guaranteed a position to return to following the completion of maternity leave.

3.4 Where an employee is on maternity leave and successfully applies for a subsequent period of maternity leave,

that employee will be entitled to a further six weeks paid maternity leave payable from the date of confinement of the subsequent child.

3.5 Where an employee has returned to work after a period of maternity leave, that employee shall be entitled to

access a second or subsequent period of paid maternity leave. 3.6 Where an employee is on an extended period of leave without pay, and that employee becomes pregnant, no

entitlement to paid maternity leave would accrue. 4. Payment for Leave 4.1 The employee shall receive payment based on her normal average weekly earnings for the six weeks

immediately preceding the date upon which she proceeds on leave. 4.2 The employee may request, and the Employer may agree, that the payment for the period of paid maternity

leave will be made at the time of commencing such leave. Where agreement is not reached, the employee shall be paid in accordance with the normal fortnightly pay cycle.

494.3

(a) Where an employee has received payment in advance for the period of paid maternity leave at the time of commencing leave and the pregnancy subsequently results in a miscarriage or stillbirth, the employee shall be entitled to retain such payment, subject to the employee remaining on leave for a minimum of six weeks;

(b) Where an employee is paid in accordance with the normal fortnightly pay cycle and the pregnancy

subsequently results in a miscarriage or a still birth, the employee shall be entitled to remain on paid maternity leave for the six week period;

5. Paid Maternity Leave and Other Entitlements 5.1 The period of paid maternity leave shall count as service for all purposes. 5.2 The period of paid maternity leave shall be exclusive of school vacation periods. This means that an

employee’s entitlement to paid maternity leave is not reduced by their separate entitlement to a paid school vacation period, but rather is paid consecutively as both entitlements are earnt and owed.

Example: Where a period of paid maternity leave coincides with a paid school vacation period In this case, the employee is entitled to be paid for both the vacation period and the maternity leave. However, where the paid maternity leave actually taken is less than six weeks, the employee shall only be entitled to be paid for the leave taken. Example 1: Where Paid Maternity leave falls totally within school term time If an eligible female Teacher gave birth exactly six weeks prior to the end of Term 4, she would receive payment for six weeks paid maternity leave plus the full amount of paid school vacation leave she would otherwise have been entitled to. Example 2: Where Paid Maternity leave commences in paid school vacation time If an eligible female Teacher gave birth on the first day of a paid two week school vacation period, she would receive her accrued entitlement to the paid school vacation plus the full six weeks paid maternity leave. This would mean a payment of eight weeks. Example 3: Where Paid Maternity leave ends in paid school vacation time If a female Teacher gave birth exactly five weeks before a two week school vacation period, she would receive five weeks paid maternity leave plus two weeks paid school vacation leave plus a further one week of paid maternity leave.

5.3 The period of paid maternity leave shall be inclusive of Statutory Holidays that may fall within the period.

Example: Where a public holiday falls in the Paid Maternity leave period If an eligible female employee gave birth a week before a paid public holiday, she would receive payment for six weeks paid maternity leave. This period of paid maternity leave would not be extended by one day due to the paid public holiday which fell within the six week period, as paid maternity leave is inclusive of public holidays.

5.4 In accordance with the Family Leave Award – State, provided that the aggregate of leave does not exceed

2 years, an employee may, in lieu of or in conjunction with maternity leave, take other forms of leave including long service leave which has fallen due, annual leave (if applicable) or paid school vacation periods (if applicable). The period of paid maternity leave shall form part of the aggregate of 2 years.

5.5 Except as provided by the Family Leave Award – State, paid sick leave or other paid authorised Award

absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on paid maternity leave.

6. Reciprocal Obligations for Notice 6.1 Employer’s Obligation

On becoming aware that an employee or an employee's spouse is pregnant, or that an employee is adopting a child, an Employer must inform the employee of: (a) the employee's entitlement to parental leave under this Award. (b) The employee's obligations to notify the Employer of any matter in this Award. An Employer cannot rely on an employee's failure to give a notice or other document required by this Award unless the Employer establishes that clause 1.7.1 has been complied with.

50 6.2 Employee’s Obligation

6.2.1 Notice Requirements

(a) An employee shall, not less than 10 weeks prior to the presumed date of confinement, produce to her Employer the certificate referred to below.

(b) An employee shall give not less than 4 weeks' notice in writing to her Employer of the date upon

which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to her Employer the statutory declaration referred to below.

(c) Where an employee continues to work within the 6 week period immediately prior to the

expected date of birth an Employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties or transfer to a safe job in accordance with the Family Leave Award - State.

(d) An employee shall not be in breach of this clause as a consequence of failure to give the

stipulated period of notice in accordance with clause 2.1.5(b) if such failure is occasioned by the confinement occurring earlier than the presumed date or another reason that was reasonable in the circumstances; Provided that the employee must give the Employer: (i) notice of the period of the leave within 2 weeks after the birth; and (ii) in the case of the birth of a living child - a doctor's certificate stating the date on which the

child was born. 6.2.2 Certification

Not less than 10 weeks prior to the presumed date of confinement, the employee must produce to her Employer: (a) A certificate from a registered medical practitioner stating that she is pregnant and the expected

date of confinement. (b) A statutory declaration stating particulars of any period of parental leave sought or taken by her

spouse and that for the period of maternity leave the employee will not engage in any conduct inconsistent with the employee's contract of employment.

6.2.3 Variation of Period of Maternity Leave

(a) Provided the maximum period of maternity leave does not exceed the period to which the

employee is entitled: (i) the period of maternity leave may be lengthened once only by the employee giving not

less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the Employer and the

employee. (b) The period of maternity leave may, with the consent of the Employer, be shortened by the

employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(c) An employee and an Employer may agree that the employee break the period of maternity leave

by returning to work for the Employer, whether on a full-time, part-time or casual basis.

51

SCHEDULE 4

SCHOOL OFFICER CLASSIFICATION STRUCTURE 1. WAGE RELATIVITIES

Level Step Relativity

1 88 2 90 3 92

1

4 94 1 96 2 99 2 3 100 1 105 2 107 3 109

3

4 110 1 112 2 115 4 3 118 1 122 2 125 5 3 128 1 132 2 139 3 146 4 154

6

5 161 1 163 2 166 3 169 4 172

7

5 175 2. RECLASSIFICATION PROCESS FOR SCHOOL OFFICERS 2.1 A School Officer may request a reclassification of their position. Such a request may be made either in

relation to the classification level of an existing position or where the classification level of the position has been changed. Except in exceptional circumstances no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12 month period.

2.2 The employee shall make any such Request for Reclassification, in writing, to the Employer. 2.3 The Employer shall consider the Request for Reclassification and notify the employee in writing of the

decision regarding the employee’s request. 2.4 If after receiving the Employer’s notification, the employee believes that their position has not been classified

at the correct level, the employee may apply for a review of that decision. In this case the employee shall make written application for a Review of Classification to the Employer.

2.5 Where the Employer receives a Review of Classification application, the Employer shall advise the

Queensland Independent Education Union (QIEU) in writing that an application has been received. 2.6 A joint review of the classification by QIEU and the Employer shall then take place. The persons representing

QIEU and the Employer will, wherever practicable, have substantial experience in the classification of School Officers. Further, wherever practicable, the person who made the original decision in relation to the classification will also be involved.

2.7 The joint review will seek to reach a consensus position. The School Officer will be advised in writing of the

outcome of this review

52 2.8 If an agreed outcome cannot be reached between the Employer and QIEU then the employee may refer the

matter to the Queensland Industrial Relations Commission in the terms of the Grievance Procedure. 2.9 The provisions of this clause 2.2 will be in addition to the provisions of clause 5.1.1 of the Award. 3. ALLOWANCES 3.1 A School Officer who has been on Level 2 Step 3 for twelve months (or 1976 hours for other than full time

Employees), and who holds a Certificate Level (III) qualification (or higher) which is relevant to their work, and who holds a current First Aid certificate will receive the Qualification Allowance identified in Appendix 1 Wages.

3.2 A School Officer will apply for the payment of the allowance prescribed in 3.1. Where the employee applies

for the Allowance within six (6) months of the qualification being obtained the Allowance will be paid as from the date that the qualification is obtained. In other circumstances the School Officer will be paid the Allowance from the date of making the application.

3.3 A School Officer who holds a current First Aid certificate and who is appointed by their Employer to be a First

Aid Officer will receive the First Aid Allowance identified in Appendix 1 Wages. 3.4 A School Officer may receive one or other of the allowances described in 3.1 and 3.3, but not both. 3.5 Where a Level 2 School Officer holds a Certificate Level (III) qualification (or higher) which is relevant to

their work, and the School Officer wishes to access the allowance identified in clause 3.1, the Employer will pay any fees associated with obtaining and maintaining the First Aid certificate. The employee will contribute the time required to obtain the qualification.

3.6 The Employer will pay any fees associated with obtaining and maintaining the First Aid certificate which are

incurred by a Level 2 School Officer in the twelve (12) months immediately preceding such an employee satisfying the other two criteria (twelve months on Level 2 Step 3, and obtaining a Certificate Level (III) qualification (or higher) which is relevant to their work) identified in 3.1. The fees will be reimbursed to the School Officer by the Employer upon the meeting of the two (2) criteria (twelve (12) months on Level 2 Step 3, and obtaining a Certificate Level III qualification (or higher) which is relevant to their work). The employee will contribute the time required to obtain and/or maintain the first aid qualification.

53

1. CHARACTERISTICS AND QUALIFICATION Competency of Employee

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

Competency at this level involves application of knowledge and skills to a range of tasks and roles

Competency at this level involves application of knowledge with depth in some areas and a broad range of skills

Competency at this level involves self directed application of knowledge with substantial depth in some areas

Competency at this level involves self directed development and application of professional knowledge with substantial depth in some areas

Competency at this level involves the use of initiative in self directed development and application of expert knowledge with extensive recognised expertise in some areas

There is a defined range of contexts where the choice of actions required is clear

There is a range of roles and tasks in a variety of contexts

There is a wide variety of tasks and roles in a variety of contexts.

A range of technical and/or other skills are applied to roles and functions in both varied and highly specific contexts.

A broad range of professional skills are applied to roles and functions in both varied and highly specific contexts.

A breadth and depth of professional skills are applied to roles and functions in both varied and highly specific contexts.

There is limited complexity of choice

There is some complexity in the extent and choice of actions required

There is complexity in the ranges and choice of actions required

A proportion of competencies involve complex, specialized or professional functions.

A high proportion of competencies involve significant scope and/or complex, specialized or professional functions.

Competencies are normally checked within well established routines, methods and procedures

Competencies are normally used within routines, methods and procedures

Competencies are normally used within a variety of routines, methods and procedures

Competencies are normally used independently and both routinely and non routinely.

Competencies are used independently and are substantially non-routine with initiative being exercised in the application of professional practices

Duties of an innovative and/or critical nature are undertaken without professional direction and initiative is exercised in the application of professional practices

Limited discretion and judgement about possible actions is involved

Some discretion and judgement are involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

Discretion and judgement are required for self and/or others in planning, selection of equipment, work organisation, services actions and achieving outcomes within time constraints.

Discretion and judgement are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others.

Significant discretion and judgement are required in planning, design, professional, technical or supervisory functions related to services, operations or processes for self and/or others.

Significant discretion and independent judgement are required within constraints set by management.

Supervision of Employees’ Work

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

Works under direct and/or routine supervision depending on function.

Works under limited supervision. Work is carried out under general supervision.

Works under general supervision and/or broad guidance depending on function.

Works under broad guidance. Work is usually performed under general guidance with limited or no professional supervision.

Work is intermittently checked. Work may be checked in relation to overall progress

Work is usually measured in terms of the achievement of stated objectives to agreed standards.

The general quality of work is monitored by school management and is subject to stated objectives and professional standards.

May take the form of general guidance where working in teams is involved.

May take the form of broad guidance.

Progress and outcomes sought are under general guidance.

May be less direct than at lower levels and usually be related to task methodology and work practices.

May involve detailed instructions in some situations;

May involve a level of autonomy when working in teams.

May involve a level of autonomy in accordance with a broad plan or budget strategy.

54 Supervision of Others

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

An employee at this level will have no supervisory responsibilities

Peer assistance may be provided to others.

The work of others may be supervised

An employee may have limited responsibility for guidance of the work of others

Responsibility for the work and organisation of others in limited areas.

Responsibility for the planning and management of the work of others may be involved

Responsibility for the supervision and monitoring of the work of others and of workflow in the area of responsibility may be involved.

Responsibility for the setting and achieving of objectives by a work section and its staff may be involved.

An experienced employee may assist others by providing peer support in the completion of routine tasks

Team co-ordination may be required Teams may be guided or facilitated. Leadership and development of teams and responsibility for outcomes may be required.

Training of subordinate staff may be required.

Supervision and training of lower level staff may be involved.

Responsibility for assessment, training and development and performance counselling of staff may be required.

Levels 1 to 7 Qualifications Matrix

Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Junior Certificate is the minimum formal qualification. No experience is required.

Junior Certificate is the minimum formal qualification. No experience is required.

Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the Employer as necessary to successfully carry out the duties of the position.

Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the Employer as necessary to successfully carry out the duties of the position.

Tertiary qualifications at Associate Diploma/Diploma level or equivalent qualifications relevant to the position may be required by the Employer or knowledge, qualifications and experience that are determined by the Employer as necessary to successfully carry out the duties of the position.

Relevant formal qualifications at degree level are required.

Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience as required by the Employer to reflect higher levels of professional outcomes.

55

2. Typical Duties/Skills Employee Assisting Student Learning

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the direct supervision of an academic staff member where limited discretion and judgement are involved.

2.1.2 Under direct supervision of a higher level officer or members of the academic staff prepare and clear away materials for display/use in classrooms or libraries.

2.1.3 Perform within well established routines tasks associated with the mass production of printed material including collating, stapling, binding, folding, cutting, etc

2.1.4 Under direct and /or routine supervision, perform tasks of limited complexity, associated with classroom learning experiences, such as assisting Teachers in preparing, implementing and supervising learning programs.

2.1.5 Support students in relation to their physical needs.

3.1.1 Assist developmentally appropriate student learning, either individually or in groups, where some discretion and judgement are involved in evaluating and assessing (under the supervision of an academic staff member(s)) the learning needs of students.

3.1.2 Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved.

3.1.3 Support students in relation to their physical needs where some discretion and judgement are involved.

4.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students.

4.1.2 Carry out liaison between the school, the student and the student’s family where discretion and judgement are required in relation to planning, actions and achieving outcomes.

4.1.3 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

5.1.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the Employer as necessary to successfully carry out the duties of the position. This may include: developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s); providing pastoral ministry and support for students.

5.1.2 Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

6.1.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. This may include: the gathering, analysis and interpretation of data; or preparation of reports and the consequent giving of advice to other professional staff to assist student learning; or providing pastoral ministry; or providing counselling and/or guidance support for students.

6.1.2 Provide professional advice to staff and students in the officer’s area of expertise or qualification.

7.1.1 Undertake more complex professional activities involving the selection and application, based on professional judgement, of new and existing techniques and methodologies requiring the exercise of professional independence combined with competence derived from extensive experience and/or additional study.

7.1.2 Undertake supervisory responsibilities which may include on the job training, staff assessment and performance counselling in relation to staff in lower level positions.

7.1.3 Operate and be accountable for the quality of output of a section or function within the school.

56 Laboratory Employees

Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.2.1 Provide science program assistance where limited discretion and judgement are involved

2.2.2 Maintain science equipment, materials and specimens not requiring a depth of knowledge or technical skills.

2.2.3 Under the direct supervision of an academic staff member(s) prepare and maintain laboratory teaching areas including routine setting up and dismantling of items of equipment for use in experimental, observational and teaching activities

2.2.4 Assist in the demonstration of experiments and scientific equipment under the direct supervision of an academic staff member(s).

3.2.1 Provide science program assistance where some discretion and judgement are involved.

3.2.2 Assist in the design/demonstration of experiments under supervision of an academic staff member(s) where some discretion and judgement are involved.

3.2.3 Under direction, prepare, maintain, organize, set-up and dismantle equipment and materials for routine experiments or student projects and dispose of waste materials.

3.2.4 Peer assistance and/or guidance may be provided for other assistants in a laboratory.

3.2.5 Under direction and within existing routines, methods and procedures, prepare, maintain and dispense stock solutions, simple chemical mixtures and compounds, cultures or similar materials.

4.2.1 Responsibility for and/or training of subordinate staff in limited areas may be required.

4.2.2 Design and demonstrate experiments, within a variety of routines and procedures, under the supervision of an academic staff members(s) where discretion and judgement are required.

4.2.3 Where there is complexity in the range and choice of action and discretion and judgement are required: prepare, maintain and dispense solutions, chemical mixtures, compounds and cultures; prepare, maintain, organise, set-up and dismantle equipment and material for experiments.

5.2.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the Employer as necessary to successfully carry out the duties of the position. This may include: designing laboratory experiments; and appropriate responsibility for the application of workplace health and safety requirements in the laboratory

6.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree.

6.2.2 Operate (at a level consistent with the qualifications required) a laboratory. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions.

6.2.3 Administer the allocation and monitoring of resources in the laboratory.

6.2.4 Support Employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.2.5 Provide professional advice to staff and students in the officer’s area of expertise.

6.2.6 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

7.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.2.2 Responsibility for the operation of a laboratory which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.2.3 Manage the allocation and monitoring of resources in the laboratory. 7.2.4 Responsibility for direction and support of Employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

7.2.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area. Formulate policies and provide specialist advice on policy development to senior management.

57

Administration Employees Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.3.1 Use keyboard skills to produce a document from written text using a standard format.

2.3.2 Receive and deal with enquiries within well established routines,, including the provision of general information and assistance to the public, parents, students and other Employees.

2.3.3 Perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.

3.3.1 Carry out a wide range of secretarial and clerical duties at an advanced level, including shorthand, typing, word processing and maintaining manual and computerized records.

3.3.2 Respond to enquiries from staff, students, parents and the general public and address issues in accordance with routines, methods and procedures.

3.3.3 Enter financial data into computer and prepare financial and management reports for review and authorization by senior management.

4.3.1 Provide administrative support to senior management of a school where discretion and judgement are required, including: taking minutes; shorthand; organizing appointments and diaries; initiating and handling correspondence (which may include confidential correspondence); monitoring telephone calls; and establishing and/or maintaining working filing systems.

4.3.2 Within a variety of routines, methods and procedures apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these.

4.3.3 Apply knowledge of advanced functions of computer software packages and to manage data ie. modify fields of information, develop new databases or spreadsheet models; or graph previously prepared spreadsheets.

5.3.1 Provide executive support to senior management and associated committees concerning designated aspects of school management.

5.3.2 Direct and supervise the work of administrative/clerical and/or other staff.

5.3.3 Under broad guidance, supervise the operations of the school's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns.

5.3.4 Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

6.3.1 Operate and be responsible for an autonomous section and all its operations.

6.3.2 Provide professional advice to staff and students in the officer's area of expertise.

6.3.3 Monitor and analyse regular management information, such as staffing and financial resource usage; ensure that associated information systems are maintained and that regular reports are provided to management.

7.3.1 Supervise staff including implementation and participation in induction, training, review, counselling and appraisal

7.3.2 Manage the work of administrative officers and other staff, assigning and outlining the work, advising on administrative problems, and revising work for accuracy and adequacy.

7.3.3 Identify policies and procedures requiring review or re-development, and define relevant issues.

58 Administration Employees cont.. 2.3.4 Operate within well

established routines, office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc.

2.3.5 Under the direct supervision of the principal or nominee, contact parents, students and/or others in relation to school attendance and related matters.

2.3.6 Under the direct supervision of the principal or nominee assist with the arrangement of group meetings, morning teas, meetings of parents and external Parties, parent/Teacher nights etc.

2.3.7 Carry out minor cash transactions including receipting, balancing and banking.

3.3.4 Prepare and process payroll transactions within routines, methods and procedures.

3.3.5 Within routines, methods and procedures : provide administrative support to senior management; arrange appointments and diaries; and prepare correspondence.

3.3.6 Within routines, methods and procedures, prepare and dispatch statements to debtors and payments to creditors, follow up on unpaid accounts; prepare bank reconciliations and reconcile accounts to balance; maintain wage and salary records.

3.3.7 Maintain petty cash float and expenses for accounting purposes

4.3.4 From verbal or rough handwritten instructions; answer non-standard executive correspondence, prepare papers, briefing notes, or other written material.

4.3.5 Utilizing a variety of routines, methods and procedures, calculate and maintain wage and salary records; perform routine classification determinations; and process resignations, retirements and redundancies in accordance with relevant award entitlements.

4.3.6 Within a variety of routines, methods and procedures provide significant assistance in the preparation of: financial information to trial balance; budgets; cash flow records; balance sheets; trading accounts; cash management analysis; FBT and entity disclosure requirements. NOTE An employee is not required to perform all duties listed to satisfy this skill descriptor.

4.3.7 Train staff classified at lower levels by means of personal instruction and demonstration.

4.3.8 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

5.3.5 Prepare the accounts of the school to operating statement stage and assist in the formulation of period and year-end entries.

5.3.6 Provide advice requiring knowledge of policies and / or the interpretation of rules or regulations within their area of operation. Assist in developing policy and procedures relating to their work area and identifying future trends.

5.3.7 Under broad guidance supervise the administration of specialized salary and payroll requirements, which may include: eligible termination payments, superannuation trust deed requirements, redundancy calculations or workers’ compensation claims.

5.3.8 Prepare for senior management financial reports relating to the employee’s area of responsibility.

6.3.4 Provide financial, policy, or planning advice which may include providing reports, statistical surveys and advice on regulations and procedures.

6.3.5 Monitor expenditure against a budget at a school level, draft financial forecasts / budgets at organizational level and / or prepare complex financial reports.

6.3.6 Administer programs with a range of tasks such as advice on financial implications, interpretation of information, assistance and advice concerning complex issues.

6.3.7 Prepare correspondence which is complex, original and which initiates or responds to new cases or situations.

7.3.4 Provide written reports to the school executive on complex matters, suggesting alternative courses of action and analysing the implications of each alternative.

7.3.5 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients.

7.3.6 Be substantively involved in the construction of annual and forward planning school budgets

7.3.7 Manage the operations of a discrete organizational area, program or administrative function.

59 Administration Employees cont… 2.3.8 Monitor and maintain

stock levels of stationery/materials for office/department within established parameters including reordering.

2.3.9 Within well established routines, sort, prepare and record documents (e.g. invoices, cheques, correspondence) on a daily basis; file such documents in the appropriate system.

2.3.10 Within well established routines, receive and distribute incoming mail collect outgoing mail, maintain mail registers and records and collate and dispatch documents for bulk handling.

2.3.11 Perform, within well established routines, tasks associated with the mass production of printed material including collating, stapling, binding, folding, cutting, etc.

3.3.8 Assist in the preparation of internal and external publications.

3.3.9 Assist in the enrolment function including handling initial enquiries and arranging interviews.

3.3.10 Under supervision, prepare Government and Statutory Authority returns for authorization by senior management.

3.3.11 Use software application packages for personal computers to create database file structures; and spreadsheets/work sheets.

3.3.12 Under direction and within routines, methods and procedures: draft agenda for meetings; assemble supporting documents for informal meetings; take and produce minutes.

3.3.13 Draft and type routine correspondence from brief oral or written instructions. Respond to requests for information including drafting routine correspondence in reply.

5.3.9 Apply a knowledge of relevant industrial awards and agreements and occupational health and safety requirements. Provide general advice to staff in these areas.

5.3.10 Original writing of promotional and advertising material.

5.3.11 Coordination of, and participation in, marketing activities.

5.3.12 Design of promotional and marketing plans.

5.3.13 Responsibility for liaison with media.

6.3.8 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

6.3.9 Direct and support Employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.3.10 Advise and assist in the preparation of the school budget.

6.3.11 Provide executive support to Principals and senior management.

6.3.12 Provide advice or make recommendations requiring detailed knowledge of policies, and/or the interpretation of rules or regulations within established guidelines, relating to a major function of the organizational work areas.

6.3.13 Supervise staff including participation in induction, training, review, counselling and appraisal and providing feedback on performance.

7.3.8 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.

7.3.9 Undertake high level research, review or investigations including the preparation of reports and associated papers to provide advice to the school on the operational and/or future directions of the employee’s section and to contribute to the development of that section in the educational context of the school.

7.3.10 Prepare papers, investigate and present information with recommendations for decision by senior officers.

60

3.3.14 Maintain established central filing / records systems in accordance with routines, methods and procedures. This would include: creating and indexing new files, retrieving records; distributing files within the school as requested, monitoring file locations and identifying and processing inactive and closed files.

3.3.15 Maintain a store through such duties as participation in ordering and issue of expendable stores, recording of stock levels, maintaining records of equipment distribution, delivery dockets, invoices and payment vouchers and responsibility for keys.

3.3.16 Make and record appointments on behalf of another and, where necessary, resolve involved appointment scheduling problems.

3.3.17 Make travel and accommodation bookings in line with a given itinerary.

3.3.18 Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved.

6.3.14 Develop systems and procedures for implementation in accordance with school policy.

6.3.15 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients.

6.3.16 Original writing of promotional and advertising material requiring significant discretion and judgement concerning content and design.

6.3.17 Management of, and participation in, marketing activities.

6.3.18 Design of promotional and marketing plans requiring initiative in the application of professional practices.

6.3.19 Responsibility for representing the school in the media.

61

Information Services and Resource Employees Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.4.1 Process basic transactions such as issues and returns, produce overdue lists, entry of orders in a computerised system, perform stock takes, entering of accession information into computer.

2.4.2 Operate and demonstrate the use of audio-visual equipment where there is limited complexity.

2.4.3 Maintain a booking system for equipment use and for the organisation of repairs and replacement of equipment.

2.4.4 Within well-established routines, methods and procedures, record audio/video programs and maintain a catalogue system of such recordings.

2.4.5 Perform a range of general duties at a basic level, for example, minor book repairs, photocopying and shelving.

2.4.6 Receive and deal with initial requests for information from library clients.

2.4.7 Under the direct supervision of an academic staff member(s), assist in the demonstration of routine library operations and procedures.

2.4.8 Under the direct supervision of an academic staff member(s), assist in the supervision of students in the library.

2.4.9 Under direct supervision of a higher level officer or members of the academic staff prepare and clear away materials for display/use in classrooms or libraries.)

3.4.1 Search and verify bibliographical data where some discretion and judgement are involved.

3.4.2 Copy catalogue books, magazines, journals and recorded material where some discretion and judgement are involved.

3.4.3 Maintain circulation systems where some discretion and judgement are involved.

3.4.4 Respond to enquiries from staff, students, parents and the general public and address issues in accordance with routines, methods and procedures.

3.4.5 Assist in the demonstration of complex audio visual or computer equipment under supervision of academic staff member(s) where some discretion and judgement are involved.

4.4.1 Responsibility for and/or training of subordinate staff in limited areas may be required

4.4.2 Within a variety of routines and procedures and with a depth of knowledge in some areas: demonstrate to staff and students the use of complex audio visual or computer equipment; or monitor performance of and carry out repairs to specialised equipment.

5.4.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the Employer as necessary to successfully carry out the duties of the position. This may include: independent and original cataloguing and classification following precedents and standards; monitoring the performance of, and carrying out repairs to, specialised equipment; and developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s).

6.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree.

6.4.2 Operate (at a level consistent with the qualifications required) a library/resource centre. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions.

6.4.3 Administer the allocation and monitoring of resources in the library/resource centre.

6.4.4 Support Employees reporting to the position in policies to be followed, methods to be used and standards to be observed.

6.4.5 Provide professional advice to staff and students in the officer’s area of expertise.

6.4.6 Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

7.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.4.2 Responsibility for the operation of a library/resource centre which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.4.3 Manage the allocation and monitoring of resources in the library/resource centre. 7.4.4 Responsibility for direction and support of Employees reporting to the position in policies to be followed, methods to be used and standards to be observed. 7.4.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.

62

Computer/ICT Employees Level 2 Level 3 Level 4 Level 5 Level 6 Level 7

2.5.1 Use keyboard skills to produce a document from written text using a standard format.

2.5.2 Operate within well established routines, office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc.

3.5.1 Use software application packages for personal computers to create database file structures; and spreadsheets/work sheets.

4.5.1 Within a variety of routines, methods and procedures, maintain the hardware and software components of a computer network and provide user support.

4.5.2 Responsibility for and/or training of subordinate staff in limited areas may be required.

5.5.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the Employer as necessary to successfully carry out the duties of the position. This may include: Assisting with systems analysis and design in relation to the development and maintenance of computer systems; and assisting with application programming (eg modification of package systems; and investigation of malfunctions in operational programs).

6.5.1 Operate and be responsible for the computing section of the school and all its operations.

6.5.2 Perform non-routine professional tasks governed by procedures or guidelines. Within such constraints the employee is responsible for the independent performance of such functions.

6.5.3 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or management in the computing area.

6.5.4 Be responsible for the development of software, hardware or applications systems based on the use of current computer techniques.

6.5.5 Be responsible for the development of computer systems, and recommend changes and improvements in systems where appropriate.

6.5.6 Undertake maintenance programming tasks, including investigation and design requirements necessary to implement changes to existing systems.

6.5.7 Provide advice to the senior executive of the school on the operations/future directions of the section by utilising acquired knowledge and experience.

7.5.1 Operate and be responsible for the computing section which provides complex and varied services to the school community including being responsible for the supervision, monitoring and development of other staff reporting to the position.

7.5.2 Research and examine likely long-term requirements for computer systems, suggest alternative plans and strategies and report on their feasibility.

7.5.3 Consult with departmental computer users to understand and meet the needs of the department and resolve problems concerning systems.

7.5.4 Investigate and design the implementation of computer systems to meet specific needs of work areas.

63 Computer/ICT Employees cont…

6.5.8 Carry out a range of tasks necessary to support and develop systems software or other support processes

7.5.5 Carry out a range of complex and varied tasks requiring the selection and application of new and existing techniques and methodologies necessary to support and develop systems software or other support processes.

7.5.6 Develop and present appropriate computer training courses.

SCHEDULE 5

FORMAL REVIEW FOR UNSATISFACTORY WORK PERFORMANCE

Preamble A formal review for unsatisfactory performance serves two purposes. Most importantly, it provides a process for genuinely helping the employee improve their conduct, or performance to a satisfactory level. It also ensures compliance with legal requirements relating to due process and documentation. When an employee's conduct, or performance is unsatisfactory or deficient, the following steps shall be undertaken by the Employer. This formal review will take place following an evaluation of the perceived unsatisfactory performance and where appropriate, the provision of professional development to address any identified need(s). 1. Investigation

A proper investigation of the circumstances should be carried out. It is insufficient merely to rely on the fact that allegations have been made. An investigation must include the following: (a) the Teacher is informed that a complaint relating to conduct, capacity or performance has been

lodged and the nature of the complain that has been made; (b) all relevant documentation is thoroughly investigated for accuracy and authenticity; (c) if appropriate, persons who may have (or should have) knowledge of the employee’s performance

may be interviewed, including parents and students if they are the source of complaint. The investigation must be carried out promptly. Investigations that prove groundless should be noted in the employee’s file, and the employee should be notified accordingly.

2. Interview

If, after an appropriate investigation has been carried out, the Employer is satisfied that there is substance to the allegation of unsatisfactory performance and wishes to investigate it further, an interview should be arranged with the employee concerned as soon as practicable. Copies of the documentation relevant to the allegation will be provided to the employee at the time of notification of the interview. The employee shall be notified of the interview at least three (3) working days prior and such notifications shall be confirmed in writing. The notification should include : (a) the time and place of the interview; (b) the general nature of the matters to be discussed; (c) the employee's right to have a person of their choice (including a Union representative) present; (d) the names of the persons who will be in attendance. In arranging an interview, it is the Employer's responsibility to cater for any of the employee's "special circumstances". This may include assessment of language skills (need for an interpreter), health and family issues. At the interview : (a) the Employer should have its own witness present; (b) notes of the meeting should be taken; (c) details of the deficient or unsatisfactory performance should be provided to the employee. This

should be in sufficient detail to enable the employee to respond and address the issues raised adequately;

65 (d) the employee should be given the opportunity to respond to the allegations and to raise any other

matters which the employee considers to be relevant. If the employee wants time to consider the matters raised, it should be allowed, but it should be limited to five working days.

3. Outcome of Interview

If, having regard to all matters raised at the interview and to the employee's response, the Employer considers that no action is required, the employee should be advised in writing accordingly. Should action be deemed necessary, the employee will be advised in person with written confirmation, including : (a) that the Employer has considered all matters raised at the interview, including the employee's

response; (b) that the Employer believes that the employee's performance is deficient; (c) details of the deficiencies; (d) the standards which need to be met and the agreed time within which that must be achieved; (e) an agreed review date in respect of the employee's performance against those standards. (The

Employer may wish to confirm that the employee will be subject to ongoing review, if that is to be the case, but that further discussion will need to take place on the first review date);

(f) the potential consequences of failing to achieve the standards within the time frame, including the

ultimate possibility of termination of employment; (g) the name of a nominated contact within the organisation (e.g. the employee's supervisor or a

negotiated mentor) with whom the employee can discuss any matters which are unclear or from whom any assistance may be gained;

(h) details of counselling, professional development and other support (where applicable) provided to

the employee; (i) that the employee was given an opportunity to be represented at the meeting; and (j) that the employee was given an opportunity to respond to the matters raised at the meeting.

4. Review

The review should occur whether or not the employee's performance has improved. If the employee's performance has improved, the employee shall be informed of this in writing and the process will be deemed to have concluded. If the employee's performance has not sufficiently improved, the investigation, interview and review process should be repeated. If the second review finds the employee's performance is still unacceptable the Employer may choose to: (a) continue with disciplinary action/counselling in accordance with the four stage process outlined

above; or (b) find an alternative arrangement in the organisation (e.g. change of duties or position location) if in

all the circumstances, dismissal is the only other option; or (c) dismiss the employee if in all the circumstances termination would not be harsh, unjust or

unreasonable and where (a) and (b) are not justifiable alternatives. The Employer should notify the employee in the following manner of their dismissal: the employee should be informed by the Employer of the reason for their dismissal and

the employee should be allowed to respond to the allegations;

66 the Employer should provide the employee with written notice in accordance with the

relevant State and Commonwealth statutory requirements. The minimum period of notice depends on the employee's length of service and their age. Payment may be made in lieu of notice;

the Employer should ensure the process of formal review of unsatisfactory performance

has been followed and that each stage has been fully documented. Summary Dismissal Summary Dismissal is a serious and decisive action and is therefore only warranted in a situation where the employee's conduct is of such a kind that it would be unreasonable to require the Employer to continue the employment during the period of notice. Therefore, this is a decision of last resort. In cases of serious misconduct, an employee may be dismissed, provided: the incident/s or behaviour have been thoroughly investigated.

(During the investigation process, the Employer may choose to suspend the employee on full pay if it is deemed to be appropriate);

the employee has been allowed to respond to the allegations in an interview; and the Employer considers all information received and conveys the decision both verbally and in writing.

67

SCHEDULE 6

INDUCTION PROCESS FOR NEW GRADUATE TEACHERS 1. In order to best support new graduate Teachers, the following three-phase induction process will be undertaken

to assist new graduate Teachers to identify strategies which enable them to carry out their duties: (i) Orientation: Familiarising the beginning Teacher with essential information about the school, the

community and the teaching tasks to be undertaken. (ii) Adaptation: The administrative arrangements made to facilitate the beginning Teachers

adjustment. (iii) Development: The process of relating knowledge and skills acquired in the pre-service training to

the practical realities of the classroom. 2. The induction process shall be adequately resourced to ensure the successful involvement of the new graduate

Teacher into the school environment. In particular, the following will occur: (i) a pre-appointment visit; (ii) a letter of welcome with the letter of appointment. At this time a statement outlining the induction

program should be sent along with the requirements to satisfy BTR assessment. (iii) a handbook of information about the school, its policies, its objectives and procedures, and the

community it serves linked to a tutorial on its key features should be provided; (iv) pupil-free staff days in January should be utilised, to initiate the new graduate Teacher into the school

community, the mission of the school and introduce them to their working environment; (v) the preparation of the first month’s current curriculum program, term planner or lesson register by an

experienced Teacher, as a model for future preparation and discussion; (vi) the allocation of an experienced Teacher mentor to work with each new graduate Teacher, this should

be a flexible arrangement to allow for a change of mentor to meet the new graduate Teacher’s evolving needs;

(vii) the designation of a particular staff member (other than the principal) as a coordinator of induction in

the school with an appropriate time allowance to be able to commit quality time to the induction process;

(viii) involvement of new graduate Teachers in small group discussions as well as general staff meetings.

Mentors would be encouraged to attend some of these meetings; (ix) the establishment of specific times for induction activities; (x) the need to avoid undue interruptions to the normal teaching program of the school by creating

timetabled time for induction activities; (xi) the preparation of the whole staff for the induction of new graduate Teachers so that they are

sensitised to acknowledge and support the steep learning curve necessary in a busy school; (xii) reduced teaching load for new graduate Teachers. This time then available could be used to spend

time with exemplary classroom practitioners to observe good practice or meet with specialist support staff;

(xiii) shared duties with experienced staff to learn ‘duty of care’ obligations.

68 3. The Importance of School Climate for Induction 3.1 The School Administration has a primary responsibility to create a climate in which new graduate Teachers are

welcomed, given active support and is assimilated into a workplace environment through adequate planning and resourcing. The following issues should be raised with the new graduate Teacher:

(i) Potential problems that new graduate Teachers may face and how staff might assist. (ii) Identifying key people who will act as mentors with specific roles such as pastoral, academic, Board of

Teacher Registration assessment.

3.2 Identify suitable mentors who want to work with new graduate Teachers. Compulsory supervision should be avoided and time release should be available to skilled staff to promote the schools policy in relation to new graduate Teachers.

3.3 The principal should ensure that the new graduate Teacher does not over-commit to extra-curricular activities

to enable their best possible performance in the classroom. 3.4 Collegial interaction should be encouraged in both an academic and social sense with mentors encouraging

measured participation consistent with overall workload. 4. Role of New Graduate Teacher

A teaching load appropriate to a new graduate Teacher should be allocated within the teaching area(s) for which they were prepared and which does not include excessively large classes or classes known to present special difficulties. (Where possible, a new graduate Teacher would be given a reduced teaching load and/or additional release time). Engagement in lesson preparation, discussions with Teacher-mentor, and involvement in school or college induction activities, new graduate Teacher seminars and other inservice professional development programs.

5. Role of Mentor Teacher

Provision of advice and assistance to the new graduate Teacher as needed or requested on the planning, teaching and evaluation of instruction. Providing other professional support to the new graduate Teacher, such as: (i) Coaching and demonstrations (ii) Recommendations on courses, workshops or conferences to improve the beginning Teacher’s

knowledge and skills (iii) Introduction to professional associations (iv) Acculturation into the school community (v) Orientation to the resources, policies and procedures of the school, region and system (vi) Observing and critiquing the new graduate Teacher’s performance, and providing feedback or formative

assessment that is confidential to the beginning Teacher and the mentor. (vii) Acting as confidant, counsellor and advocate for the new graduate Teacher. (viii) Holding regular discussions/conferences with the new graduate Teacher. (ix) Holding regular discussions/conferences with the new graduate Teacher for the purposes indicted

above.

69

SCHEDULE 7

JOB SHARE 1. Job Share Arrangements Documentation 1.1 After a job share arrangement has been approved, the principal and the Teachers (or other staff members)

involved will be required to document the administrative arrangements applying. The information detailed below will provide checklists that can be utilised in recording the appropriate documentation. In particular cases the following matters will also need to be included in the documentation.

1.2 In determining job share arrangements consideration must be given to the relevant Awards and Enterprise

Bargaining Agreement as outlined:

(a) The minimum notice period to initiate any consideration of changes to arrangements already entered into shall be four weeks. Joint planning arrangements must specify that within the primary school context, both Teachers in a job share arrangement share responsibility for a holistic approach to curriculum planning. It must detail the regularity and scope of joint planning meetings as well as detail as to how regular communication concerning whole of class or individual student issues will take place.

(b) That, in the secondary school context, while class subjects will normally remain discreet similar joint

planning may be required. (c) Attendance at whole-school professional development activities and in-service will generally be on a

pro-rata basis. Specific arrangements should be clearly documented outlining dates and times. Should the Principal require attendance additional to pro rata attendance from either or both participants, then the Principal should ensure that appropriate additional salary payments are made. The school will normally pay for such additional payments.

(d) Procedures and arrangements for assessment of student progress report preparation, attendance at

parent-Teacher meetings and general availability for consultation with parents. 2. Details for Inclusion in Job Share Arrangement Documentation

(a) Names of the participating staff members (b) Rationale for the proposal (c) Date from which the arrangements are effective (d) Percentage share of the position which applies to each staff member (e) Timetable for the job share participants (f) Arrangements should either or both Parties wish to leave the job share (g) Arrangements for the notice period required to change the arrangement (h) Joint planning arrangements (i) Method(s) of communication between staff (j) Arrangements for attendance at whole school professional development and in-service pupil free day (k) Arrangements for attendance at other whole of school activities (l) Arrangements for the sharing of duties such as bus duty, playground supervision etc (m) Arrangements for assessment and reporting and attendance at parent interviews (n) Arrangements concerning approach to teaching style and classroom management, where relevant.

70

SCHEDULE 8

PRIMARY TEACHER NON-CONTACT TIME 1. Purpose of Non-Contact Time 1.1 This entitlement to non-contact time forms part of Teachers’ ordinary hours of duty. 1.2 ‘Duty’ shall include all tasks related to the educational development of students and tasks concerned with the

maintenance of good order and behaviour. 1.3 The purpose of non-contact time is to carry out planning, preparation and correction. This may include such

activities as: (a) Planning for class and group teaching instruction (b) Planning for excursions (c) Settling and correcting assignments (d) Evaluating and assessing students’ work (e) Care of the classroom and equipment (f) Compiling records or reports (g) Meeting with other staff (e.g. learning support Teachers, APRE and members of the leadership team) (h) Professional reading (i) Other activities consistent with the stated purpose of non-contact time above.

2. Eligibility 2.1 Employees eligible for time release under this clause are primary and preschool Teachers who are employed

for seven hours or more per week. 2.2 The following teaching Employees would be included:

(a) P-7 Teachers (b) Teacher Librarians (c) Learning Support Teachers (d) LOTE (e) ESL (f) Specialist Teachers

2.3 Full time primary and preschool Teachers shall be entitled to three (3) hours of non-contact time per week. 2.4 Part-time Teachers engaged for seven hours or more per week will receive non-contact time under this clause

on a pro rata basis. 3. Aggregation 3.1 The Principal and Teacher, through discussion and consultation, should plan and commit to writing at the

beginning of each term how the entitlement to non-contact time will be taken. This entitlement should be allocated on a weekly basis or may be accumulated and used in a block of time, as necessary.

3.2 A register of ‘lost’ non-contact time allocated, but not provided, shall be maintained by the Head of Junior and

primary Teachers. Towards the end of each term, the Principal will review the quantum of non-contact hours received by each Teacher during that term to ensure that the agreed minimum entitlement has been achieved. If it has not been achieved the short fall of non-contact time is to be made up within that term.

3.3 When non-contact time cannot be provided because of absence of the relieving Teacher, and no alternative

arrangements are possible, a Teacher may be employed to provide the non-contact time release (the minimum engagement is three hours on any one day for a relief Teacher) or the time aggregated and taken at a later date during that term.

4. General Issues 4.1 When two Teachers share a class, the non-contact time is apportioned pro rata. 4.2 Non-contact time for those holding Positions of Added Responsibility is calculated pro rata on the basis of

their face-to-face teaching time.

71 4.3 Non-contact time cannot be converted to a cash payment. Entitlements must be taken (in time) during the term

and cannot be carried over into another term or year. 4.4 Non-contact time will be part of the weekly timetable for the school. In cases of absence of the Teacher due to

sickness or public holidays on the day non-contact time is normally given to that Teacher, allowance will be made to catch-up this time. (similar to 4c above)

4.5 If staff are required to attend inservice or school sports on the prescribed day that they normally received non-

contact time, provision is to be made to catch-up the time within that term. 4.6 Non-contact time for part-time Teachers (employed for seven hours or more per week) will be achieved by

increasing their time of employment each week by the amount of time need to be provided. Part-time Teachers will be required to be present at the school for this extra time but will not be involved in their normal teaching duties.

4.7 Non-contact time for preschool Teachers will be provided on the same basis as primary Teachers. 5. Management of Non-Contact Time 5.1 The management of non-contact time is the responsibility of the Head of Junior who will negotiate with each

Teacher the method of provision of the non-contact time. This is to be on a term basis and overseen by the Principal.

5.2 The enhanced non-contact time provision for primary and preschool Teachers is inclusive of any existing

allocations.

72

SCHEDULE 9

BOARDING HOUSE SUPERVISORS’ CLASSIFICATION STRUCTURE 1. DEFINITIONS

Boarding House Supervisor: shall mean Employees appointed as such who is responsible for the care and supervision of boarding students.

2. CLASSIFICATION STRUCTURE 2.1 Level 1 (Boarding House Assistant)

Boarding House Assistants who receive board and lodging in return for assisting Boarding House Supervisors Level 2 and above, will be classified as Level 1 for the purposes of any payment of monies in accordance with this Agreement. They shall receive payment for any hours of duty over and above their scheduled hours of duty in return for board and lodging.

2.2 Level 2 (Boarding House Supervisor) This classification will be applied, as an entry level at which Employees learn and gain competency at a basic level in the skill required by the School. The employee will progress to the next level when the necessary skills/competency is utilised in the performance of the job and the School has a need for that position to be filled or upon the completion of the equivalent of 12 months service with the School. Characteristics An employee at this level works under close supervision either as an individual or as part of a team. A Boarding House Supervisor Level 2 will apply domestic and interpersonal skills to assist more senior staff on duty in the daily routines of the Boarding House involving the supervision of students and the general functioning of the Boarding House. They are accountable to higher level staff and their work is regularly checked. Competencies at this level involve application of knowledge and skills to a limited range of tasks and roles. Competencies are normally used within established routines, methods, and procedures that are predictable and within the judgement against established criteria are also involved. Typical Duties Duties of Level 2 Boarding House Supervisor shall include, but are not limited to: (a) Ensuring students rise, attend to personal hygiene, personal housekeeping and community duties (b) Supervise meals (c) Assist in the provision of a secure environment for students (d) Supervise and assist students with study and homework (e) Participate in student activities and outings (f) Oversee the departure of students on weekend leave (g) Other duties as requested from time to time (h) Report to higher level staff incidents, accidents, maintenance concerns

2.3 Level 3 (Boarding House Supervisor)

Employees shall be graded at this level where the principal characteristics of their position, as determined by the School are identified as follows: Characteristics Work is carried out under general supervision. Progress and outcomes sought are under general guidance. A Boarding House Supervisor Level 3 may have the responsibility for the work of Level 2 Supervisors and Level 1 Boarding Assistants. Competencies at this level involve application of knowledge with depth in some areas. Competencies are normally used within established routines, methods, and procedures where direction and judgement are required for self and/or others in use of equipment, work organisation, services, actions and achieving outcomes within time constraints. Assistance with the training of lower level staff may be required. Qualifications Knowledge, qualifications and experience relevant to the position may be required. Such qualifications could include the TARSA Residential Supervisors Certificate or other Tertiary qualifications at Certificate/Diploma level.

73Typical Duties Duties of Level 3 Boarding House Supervisor shall include, but are not limited to: (a) All duties identified in Level 1 and 2 (b) Liaise with parents as the need arises and as provided for in School policy (c) Ensure that students understand and adhere to School policies (d) Responsibility for the preparation of Boarding reports which form part of the School's reporting

procedures (e) Administrative duties in relation the boarding house

2.4 Level 4 (Boarding House Supervisor) Employees shall be graded at this level where the principal characteristics of their position, as determined by the School are identified as follows: Characteristics A Boarding House Supervisor Level 4 will be responsible for the smooth and efficient management of student activities in the boarding house and will be required to supervise lower level staff. They will have a highly developed knowledge, skills and capacity for self directed application of appropriate techniques and equipment required to perform highly complex tasks involving substantial applied theoretical knowledge and interpersonal skills. An employee at this level may perform complex tasks without supervision. A significant role will be the total welfare of the students and the maintenance of effective communication with parents. Qualifications: Knowledge, qualifications and experience relevant to the position may be required. Such qualifications could include the TARSA Residential Supervisors Certificate or other Tertiary qualifications at Certificate/Diploma level. Typical Duties Duties of Level 4 Boarding House Supervisor shall include, but are not limited to: (a) All duties identified for lower level staff (b) May be required to deputise for Boarding House Supervisor Level 5 from time to time, as directed (c) Implement School policy and procedures as directed (d) Liaise with parents as directed

2.5 Level 5 (Boarding House Supervisor)

Employees shall be graded at this level where the principal characteristics of their position, as determined by the School are identified as follows: Characteristics A Boarding House Supervisor Level 5 works under general supervision and/or broad guidance depending upon functions or experience. They are accountable to the Principal, or his/her Deputy. A Boarding House Supervisor Level 5 may be required to carry out the duties described for lower level Employees and will be required to make autonomous use of a high degree of theoretical knowledge or relevant previously acquired experience to initiate, plan and implement programs for students. Responsibility for the planning and management of the work of others will be required and for their general supervision. Competency at this level involves self directed application of knowledge with substantial depth in specialised areas. Judgement is required in planning and selecting appropriate equipment; service techniques and work organisation of lower level staff. Supervision and training of lower level staff may be required. Responsibility for decision making in areas identified by the Principal. Qualifications Knowledge, qualifications and experience relevant to the position may be required. Such qualifications will include the TARSA Residential Supervisors Certificate or other Tertiary qualifications at Certificate/Diploma level. Typical Duties Duties of Level 5 Boarding House Supervisor shall include, but are not limited to: (a) Any duties performed by lower level staff (b) Assisting with the co-ordination and implementation of training for lower level Employees in liaison

with the Principal or Deputy Head

74(c) Co-ordinating and directing the activities of lower level staff as directed (d) May be required to deputise for the Principal or Deputy Head in matters relating to boarding from time

to time, as directed (e) Being responsible for the implementation of School policy and procedures as directed (f) Intermediate administrative activities (g) Supervision and oversight of Boarding reports which form part of the School reporting procedures (h) Liaison with parents as directed (i) Act in loco parentis as required (j) The Senior Level 5 Boarding Supervisor will attend all meetings of the School Management Team

3. SERVICE INCREMENTS

An employee will progress by annual incremental increase within designated classification level, until the top pay point is reached. For Employees other than full time, annual incremental advancement is made on the basis of 1976 hours.

4. POSITION DESCRIPTIONS

It is agreed that position descriptions should be full statements of current duties and responsibilities with any atypical characteristics clearly defined. Position descriptions for all staff will be subject to ongoing review and monitoring by all Parties concerned during the life of the Agreement.

5. CLASSIFICATION 5.1 Classification / Reclassification

The School shall determine the employee's classification through the following process: (a) An analysis is to be undertaken to establish the requisite skills and responsibilities for each identified

position. (b) Each position is classified by reference to the criteria set out in Clause 2 of this Appendix. (c) Employees are appointed to a position at the appropriate level within the structure according to their

competencies as identified in the Appendix (d) It is recognised that a dispute may arise as to the classification/reclassification of a position. In such

case the matter should be dealt with in accordance with Clause X (Grievance Procedure) of this Agreement.

5.2 Recognition of Experience

All new Employees shall be translated into the new structure. Existing Boarding House Staff will be classified at Level 3 of the new structure in accordance with the expectations of their position descriptions. The Head of Girls Dormitory and Head of Boys Dormitory will be classified at Level 5 of the new structure and shall receive an additional Responsibility Allowance as detailed in Appendix 1 Wages of this Agreement. All previous experience as a Boarding House Supervisor shall be recognised for the purpose of determining the appropriate pay point within a level for each staff member.

75

SCHEDULE 10

HOURS OF DUTY: TEACHING STAFF

1. INTRODUCTION 1.1 The Parties acknowledge that Teachers contribute well in excess of the Hours of Work as outlined in this

Agreement. This Agreement prescribes the hours of work that the School may direct and require a Teacher to perform.

2. HOURS OF DUTY 2.1 Ordinary hours of duty shall be worked on a continuous basis and not more than one third of the agreed daily

hours shall be worked before 8.00am, or after 6.00pm. These ordinary hours of duty shall be worked over a five day week (Monday to Friday), over the length of the School year.

2.2 It is the intention that 31 hours per week be maintained as the normal working paid hours of teaching staff at

All Souls St Gabriels School. 2.3 Teachers may be required to be on duty beyond the span of hours for up to 12 hours each school year for

identified special events. Individual Teachers’ attendance at special events will be identified at the commencement of each semester and Employees will be given 30 days notice prior to being required to work at or attend such special event. The hours worked for special events are additional to the maximum weekly quantum.

2.4 Examples of special events that staff may be required to attend are:

(a) Secondary inter-school swimming carnival (b) All Souls St Gabriels inter-house swimming carnival (c) School fete (d) Annual reUnion (e) Combined schools formal (f) House chapel parade at St Paul’s Church (g) Green Dinner or Lady Day Dinner (when Secretary of House) These examples constitute an indicative list only.

3. TYPES OF DUTY Duty shall fall into a number of categories: Contact Time, Preparation and Other Duties.

3.1 Contact Time (a) Contact time shall be defined as programmed teaching, programmed pastoral care and programmed

sport (where it occurs within the normal week between 8.00am and 3.00pm) (b) The maximum contact time for Teachers shall be as follows:

(i) Secondary classroom Teachers: .......... 21hours and 30 minutes per week (ii) Primary classroom Teachers: .............. 24 hours and 40 minutes per week

3.2 Preparation and Correction Time

(a) Secondary Teachers

The weekly preparation and correction time shall be at least twenty (20) percent of the individual Teacher's weekly timetabled contact time as part of the programmed ordinary hours of work.

(b) Primary Teachers The weekly preparation and correction time shall be at least three hours.

3.3 Other Duties

(a) Other duties may be performed in addition to contact and preparation and correction time. (b) Movement between classes forms part of "other duties" and is not to be calculated in contact time. (c) Other Duties may include, but are not restricted to:

(i) Class/playground/detention supervision (ii) Assemblies with students (iii) Staff meetings

76(iv) Chapel services. (d) Those Teachers who do not have a full teaching load will be called upon first for supervision of

classes, wherever possible. (e) For those Teachers who hold Positions of Added Responsibility, the allocated PAR release time

plus contact time plus preparation and correction time and other duties and morning tea shall not exceed 31 hours per week directed duty.

3.4 Morning Tea

Morning tea breaks of 50 minutes per week form part of the total quantum of allocated hours. 4. CALCULATION OF THE HOURS OF DUTY 4.1 Each Teacher's hours of duty shall be calculated based on the Contact Time, Preparation and Correction, Other

Duties and Paid Meal Breaks as outlined in this Appendix. 4.2 Nothing contained in this clause prevents the School from altering a Teacher's timetabled hours in accordance

with academic change, administrative needs and/or emergent needs provided that the weekly hours of duty total (and contact time provision within the prescribed maximum) are not exceeded.

5. EXTRA-CURRICULAR DUTIES 5.1 Extra- Curricular duties are those that fall outside the programmed ordinary hours of work. 5.2 It is recognised that Teachers have assisted in the School's extra-curricular activities and reaffirm this

commitment to assistance on the basis that it is recognised by the School as both honorary and voluntary. 6. RESIDENTIAL TEACHER 6.1 Notwithstanding the provisions of clause 2 hereof, a residential Teacher who is engaged as a full or part time

Teacher may be required to spend not more than 10 hours per week in resident duties. These hours of duty will be in return for the residential Teachers' board and residence (including all electricity and water charges, but excluding phone rental and call costs).

6.2 This requirement does not apply to Teachers who are specifically employed full time to supervise a boarding

facility and receive payment for this work. 7. BOARDING HOUSE EMPLOYEES

A registered Teacher engaged to work as a full time boarding supervisor may agree to work as a supply Teacher to relive a Teacher absent from duty or to meet a short term staffing need. Such a Teacher shall receive payment on the basis of the supply Teacher rate of payment.

8. MEAL BREAKS 8.1 The School will endeavour to ensure that all Teachers receive adequate unpaid meal breaks of at least 30

minutes per day between the hours of 11.30am and 2.15pm. 8.2 The School will provide tea, coffee, milk, sugar and basic Morning Tea for teaching staff each day, Monday to

Friday. 8.3 The School will also provide Lunch for each teaching staff member, Monday to Friday, provided that the staff

member presents him/herself to the Dining Hall within the period that Lunch is being served to students. Lunch will not be provided when the school kitchen is not operational.

8.4 The School will provide an Evening Meal to all staff members who are on duty or about to undertake duties in

the evening, provided that such staff members notify the Kitchen Staff of their intention to attend Dinner by signing a Staff at Evening Meal list by 2.15pm.

9. REVIEW

It is agreed between the Parties that the hours of duty will be monitored by the SBU and listed as a “Matter Reserved” should any further discussions be required over the life of this Agreement.

10. GENERAL

All other provisions of the Teachers’ Award - Non-Government Schools, shall apply, except where specifically varied by the provisions contained in this Agreement.

77

SCHEDULE 11

ALL SOULS ST GABRIELS SCHOOL WORKPLACE BULLYING POLICY 1. PRINCIPLES 1.1 All Souls St Gabriels School is committed to providing a working environment that is free from bullying.

Working relationships and standards of behaviour between staff are important workplace issues. The School believes in basic principles for behaviour that are required in the workplace, namely that: (a) all people should be treated with respect; (b) all staff should develop an awareness about the impact of their behaviour on others; and (c) there is agreement about what is appropriate behaviour at work.

1.2 All Souls St Gabriels School considers that bullying in the workplace is inappropriate and unacceptable

behaviour, and that staff found to have either committed or condoned such behaviour in the workplace may be subject to disciplinary action.

2. DEFINITION 2.1 A bully is a person who uses strength or power to coerce others by fear; and to bully is to oppress, persecute,

physically or morally by (threat of) superior force. 2.2 Bullying is physical or psychological behaviour or conduct where strength (including strength of personality)

and/or a position of power is misused by a person in a position of authority or by a person who perceives that they are in a position of power or authority. While bullying is normally associated with unequal power relationships, peer to peer bullying is not uncommon and is an equally unacceptable behaviour at All Souls St Gabriels School.

2.3 Definition of Workplace Harassment:

(a) A person is subjected to workplace harassment if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person’s Employer or a co-worker or group of co-workers of the person that: (i) is unwelcome and unsolicited; and (ii) the person considers to be offensive, intimidating, humiliating or threatening; and (iii) a reasonable person would consider to be offensive, humiliating, intimidating or threatening.

(b) Workplace harassment does not include reasonable management action taken in a reasonable way by

the person’s Employer in connection with the person’s employment. (c) In this section: ‘sexual harassment’ see the Anti-Discrimination Act 1991, section 119.

2.4 Actions that are Not Workplace Harassment The reasonable exercise of management responsibility for the accountability and performance of staff is not workplace harassment when it is done fairly, respectfully and transparently.

3. EFFECTS OF BULLYING 3.1 The effect of bullying can be to humiliate or intimidate an individual staff member or groups of staff members

and may actually or potentially adversely affect their health and well-being. A variety of behaviour and acts may constitute bullying which, over time, create a negative workplace environment. These may include: (a) sarcasm and other forms of demeaning language (b) threats (c) verbal abuse (d) shouting (e) coercion (f) punitive behaviour (g) isolation (h) blaming (i) "ganging up" (j) constant unconstructive criticism (k) deliberately withholding information that a person needs to exercise her or his role or entitlements

within the School

78(l) repeated refusal of requests for leave or training without adequate explanation and suggestion of

alternatives. 3.2 Bullying may be perpetrated by an individual who may be a work colleague, a supervisor or a person/s who is

part of the work environment. 3.4 Bullying in the workplace can result in absenteeism, reduced staff productivity and wastage of experienced and

skilled staff through resignation. Bullying may also have significant social and health costs for individual staff and can affect women and men at all levels of employment.

3.5 Consequences of Breach of Policy

Disciplinary action will be taken against a person who harasses a worker or who victimises a person who has made or is a witness to a complaint. Complains of alleged workplace harassment found to be malicious, frivolous or vexatious may make the complainant liable for disciplinary action.

4. WHAT TO DO IF YOU ARE HARASSED AT WORK 4.1 In the event of an incident of harassment the person allegedly harassed may:

(a) attempt to resolve the matter with the harasser by informing that person, either verbally or in writing, that the behaviour is unacceptable and should stop immediately. Where a verbal approach is adopted a diary note should be made recording the attempted resolution; or

(b) contact your Union; or (c) report the matter to the Principal or the designated contact person. The procedure outlined in Appendix 12 would then be followed.

4.2 Pastoral support or professional counselling for any staff members involved in workplace harassment may be

offered by the Principal, as necessary. 5. COMPLAINT HANDLING PROCEDURES 5.1 Any reports or workplace harassment will be treated seriously and investigated promptly, fairly and

impartially. A person making a complaint and/or who is a witness to workplace harassment will not be victimised.

5.2 Procedures to deal with workplace harassment aim to ensure:

(a) the behaviour stops (b) that there are no reprisals for having made the complaint (c) where disadvantage has occurred, that the situation is redressed as far as possible to the complainant’s

satisfaction. 5.3 The guiding principles behind such aims are:

(a) the right of the accused to be fully informed from the outset of the allegations (b) the right of all individuals to be treated with respect (c) observance of natural justice (d) observance of confidentiality (e) acceptance of the legitimacy of the complainant’s feelings (f) support and protection for all Parties concerned, notwithstanding that disciplinary action may be

appropriate where serious or malicious harassment has occurred (g) preservation of a non-judgemental and non-adversarial approach by those persons acting as mediators.

5.4 Due to the emotive nature of grievances arising out of harassment, the standard bargaining clause regarding

Procedures for Preventing and Settling Disputes shall not be used in instances of harassment. 5.5 The complaint handling procedure must be undertaken with discretion so as to protect the reputation of the

person being investigated, as all allegations of harassment may not be true. 5.6 The procedure must include facility for the impartial investigation of all complaints of harassment and an

opportunity for the alleged perpetrator to response to ensure principles of natural justice are upheld.

795.7 The procedure should include when, how and who will conduct the investigation, the rights of both the alleged

perpetrator and target to representation at the meeting and the need for each party to receive a report on the outcome of the meeting.

5.8 The process for a fair investigation, interview, meeting outcome and review shall be in accordance with that

described at Appendix 12 of this Agreement. 6. EXTERNAL OPTIONS FOR RESOLUTION OF COMPLAINT 6.1 At any time, the complainant may choose to access legal or industrial procedures, including:

(a) where the harassment involves acts of discrimination or sexual harassment lodge a complaint under the Queensland Anti-Discrimination Act 1991, or other legislation relating to equality of opportunity;

(b) lodge a complaint under the Workplace Health and Safety Act 1995; (c) seek such other legal remedy as may be appropriate.

7. RESPONSIBILITIES 7.1 Staff members have a responsibility to ensure that their actions do not negatively affect another staff member's

career, health or well-being. 7.2 Staff members are encouraged to try to resolve issues of workplace bullying at the local level, directly with the

person they believe is responsible for bullying. If the issue is not resolved in this way, an employee may lodge a formal complaint in accordance with the School's Grievance Policy and Procedure.

7.3 Supervisors have a responsibility to provide a safe work environment that enables staff to carry out their work

responsibilities free from bullying. This includes investigating complaints of bullying thoroughly and expeditiously and reviewing work units where bullying has been found to have taken place. Supervisors are encouraged to identify training needs for themselves and their staff.

80

SCHEDULE 12

ALL SOULS ST GABRIELS SCHOOL PROCEDURE FOR ADDRESSING WORKPLACE BULLYING This policy applies to all forms of grievances involving workplace bullying and harassment. 1. POLICY 1.1 All Souls St Gabriels School is committed to providing a fair, safe and productive work environment where

grievances are dealt with sensitively and expeditiously. An essential part of developing that environment is ensuring that staff members are encouraged to come forward with their grievances in the knowledge that the responsible Head of Department/supervisors will take appropriate action to address those grievances. Grievances that are not addressed have the potential to grow into major problems that can cause tension, low morale and reduced performance and productivity.

1.2 Grievance resolution is an integral part of a HOD/Supervisor's duties. Each supervisor has a responsibility to

identify, prevent and address problems in the workplace. 1.3 Any member of staff may lodge a grievance regarding work-related problems. However, if other procedures

exist that more appropriately address that grievance (e.g. sexual harassment or unlawful discrimination), that mechanism should be used.

1.4 The operation of these Procedures will be monitored and a review carried out at the end of 12 months. The

Principal will be responsible for initiating the review. 2. PROCEDURES Preliminary Action 2.1 Before initiating the grievance procedures, complainants are encouraged to try to resolve any grievance

directly with the person/s concerned. If this is not possible or appropriate, the complainant should proceed to Step 2 of the grievance procedures.

2.2 Where the complainant has been unable to resolve the grievance him/herself, the complainant should take the

matter up with an immediate HOD/Supervisor. Where the grievance involves the supervisor, the staff member should refer the matter to the Principal.

2.3 The supervisor should address the grievance with a view to resolving it expeditiously, normally within two

weeks of receiving the complaint. 2.4 Following resolution of the grievance, the supervisor should monitor the situation for a period of time. 2.5 In any action taken, the supervisor should ensure procedural fairness for all Parties involved, including

informing the respondent of the allegations made against them and providing them with an opportunity to respond.

2.6 If the complainant believes the grievance has not been resolved to their satisfaction by reference to a

supervisor, they can refer the matter to the Principal. The Principal may require the complainant to put the grievance in writing. The Principal should attempt to resolve the matter within two weeks of receiving the grievance and should follow similar procedures outlined above for action by the supervisor.

2.7 If the grievance remains unresolved, it may be referred in writing to an independent person by the complainant

or the Principal. 2.8 After giving due consideration to the grievance the independent person may do one or more of the following:

(a) refer the complaint back to the Principal or to a nominee, with advice for resolution; or (b) initiate an investigation into the matter; or (c) seek to resolve the matter directly.

2.9 Any determination made by the independent person in accordance with Step 3 of these procedures with regard

to the grievance will be final in terms of the school-level process; notwithstanding other external avenues may be pursued by the complainant at any stage.

813. OUTCOMES 3.1 Outcomes could include:

(a) the complainant gaining a better understanding of the situation and no longer being aggrieved; (b) the complainant receiving a verbal or written apology; (c) the respondent receiving a verbal or written reprimand; (d) one or both Parties agreeing to participate in some form of counselling; and (e) disciplinary action where the School Code of Conduct has been found to have been breached and/or

where misconduct/serious misconduct or unsatisfactory performance has occurred.

82

SCHEDULE 13

POSITIONS OF ADDED RESPONSIBILITY

1. INTRODUCTION 1.1 Coverage

This Schedule shall apply to all Teachers, secondary, primary, academic and pastoral appointed to Positions of Added Responsibility (PARs) with the exception of the Deputy Principal.

1.2 Outline

The Appendix prescribes conditions of employment for PARs at All Souls St Gabriels School covered by this Agreement

1.3 Consultation

The final decision regarding the most appropriate PAR structure for the School rests with the Principal. However, the Principal will consult with a Consultative Committee appointed by the staff (as provided for in Clause 2.4 of this Agreement). The Consultative Committee itself shall consult with members of staff where appropriate. The level of PAR and the subjects occupying the various levels shall be determined by the Principal following consultation with the Consultative Committee.

2. DEFINITIONS AND REMUNERATION 2.1 Definitions

(a) Positions of Added Responsibility: A PAR is defined as a teaching position within the promotional

structure of the school, up to but not including Deputy Principal where the incumbent may be responsible for curricular and pastoral activities in the secondary or primary sections of the School as defined below:

(b) Curricular: The co-ordination of all secondary, secondary/primary. Primary, and co-curricular duties,

programs and activities associated with a subject. (c) Pastoral: The co-ordination of staff with pastoral duties, programs and activities and may include

chaplain or counsellor (d) Secondary: Secondary is defined as Years 8-12 (e) Primary: Primary is defined as P-7.

2.2 Senior Co-ordinator An appointment to a Senior Co-ordinator position will be made by the Principal reflecting the School's Strategic and Operational Planning requirements. The term Senior Co-ordinator refers to a level of PAR responsibility. In practice the position will carry another title. A person appointed to a promotional position above Level 5, but below Deputy Principal, shall be credited with 10 PAR points Senior Co-ordinator within this level of classification is defined as a senior educational leadership position. The incumbents may be responsible for the co-ordination of staff in all secondary, secondary and primary, primary, curricular, co-curricular and /or pastoral duties, programs and activities, in addition to teaching or other classroom duties.

2.3 Level 5-1 Positions of Added Responsibility

Positions of Added Responsibility within these levels of classification are defined as educational leadership positions. Incumbents may be responsible for the co-ordination of staff in all secondary, secondary and primary, primary, curricular, co-curricular and /or pastoral duties, programs and activities, in addition to teaching or other classroom duties.

832.4 Remuneration and Time Release

2.4.1 A Teacher who is appointed as a PAR in the School shall be entitled to additional remuneration and release time to reflect the responsibilities incurred and based on the provisions set out in the following table:

Level Total Points Maximum units of salary Minimum units of time

Senior Co-ord 10 6 4 Level 5 8 6 2 Level 4 6 4 2 Level 3 5 3 2 Level 2 4 3 1

(Interim) Level 1 2 2 0 2.4.2 For the purpose of determining the appropriate salary allowance and release time for the Senior Co-

ordinator and Level 5-1, one unit of allowance and one unit of release time shall be calculated as follows: (a) One unit of allowance is equivalent to 2.5% of the Band 3 Step 4 scale as detailed within

Appendix 1 of this Certified Agreement (b) One unit of release time is equivalent to one teaching period per week Release time constitutes release from face-to-face classroom teaching time. A period is defined as 55 minutes for the purposes of this Appendix. The Employer commits to achieving parity of PAR financial allowances with the Queensland Anglican Schools sector by the commencement of the next Enterprise Bargaining Agreement.

2.5 Allocation Within A Level

The allocation of salary allowance and release time will be by mutual agreement between the Principal and the appointee to the position within the range determined in Table 2.4 The allocation may be reviewed each year and varied by mutual agreement. If agreement cannot be reached, then the allocation will be 50% time and 50% salary.

2.6 Senior Teacher The duties of a Senior Teacher will not be those of a PAR position, and will be remunerated according to the Senior Teacher provisions.

2.7 Other Entitlements Teachers appointed to PAR positions at any level, will be paid a salary, payable for all purposes of the relevant Award and this Certified Agreement and therefore will continue to receive this benefit whilst on leave (sick, annual and long service).

3. GUIDELINES FOR ALLOCATION 3.1 Criteria for Allocation of a Level - Secondary Academic:

(a) Senior Co-ordinator will be appointed by the Principal in accordance with Clause 2.2. (b) Level 5 Where the subject(s) or subject area(s) concerned in the secondary school occupies at least

75 periods in the weekly teaching program, a Level 5 shall be appointed. (c) Level 4 Where the subject(s) or subject area(s) concerned in the secondary school occupies at least

60 periods in the weekly teaching program, a Level 4 shall be appointed. (d) Level 3 Where the subject(s) or subject area(s) concerned in the secondary school occupies at least

40 periods in the weekly teaching program, a Level 3 shall be appointed. (e) Level 2 Where the subject(s) or subject area(s) concerned in the secondary school occupies at least

25 periods in the weekly teaching program, a Level 2 shall be appointed. (f) Level 1 Sole Teacher in subject area, notwithstanding that appointment to a level described above

may be appropriate in a particular circumstance. Within the period of this Certified Agreement the Consultative Committee and the Principal will work to establish conditions and details for those subjects where one Teacher has sole responsibility for that subject,

84provided that that subject is offered to Year 11 or 12 level within the school, so as to be included in the next Certified Agreement.

3.2 P-12 Appointments

Where the PAR has sole responsibility for a subject(s) or subject area(s) in both the primary and secondary area of the School, then the total hours for both these areas will be used for the determination of a level.

3.3 Primary and Pastoral Levels

Primary and Pastoral will be determined by the Principal taking into consideration the following: (a) Strategic and Operational Plans of the School (b) Number of students (c) Number of Year levels (d) Number of Teachers (e) Approximate periods per week

3.4 Variations

As a transitional measure in 2004, as this Appendix is agreed after the staffing loads and timetabling for 2004 are complete, a PAR position may attract a salary equivalent to the total points for a level in lieu of any time release, or time release equivalent to the total points for a level in lieu of salary.

4. SELECTION AND APPRAISEMENT PROCEDURES

4.1 Selection Procedure

The Principal shall have the responsibility for the assignment of Teachers to the position of PAR. A position description will be provided for all applicants.

4.2 Contract of Appointment A Teacher appointed by a position of Added responsibility under this Appendix shall be provided with a letter of appointment, which sets out the following: (a) The level allocated to this position (b) The distribution of the total allocation of salary and time release. This distribution may be varied

annually by mutual agreement. However, where such variation occurs, this variation will be detailed in writing.

(c) A formal duty statement and performance indicators will be provided to successful applicants. 4.3 Review

PARs may be required to reflect the performance outcomes contained within the school's Strategic and Operational Planning, as part of an appraisal process.

4.4 Tenure A Teacher who is appointed to a promotional position shall retain that position except where: (a) the Teacher's performance has been found deficient by a formal diminished performance process; or (b) the existing promotional position has been abolished after consultation with the Consultative

Committee; or (c) the existing promotional position has been abolished after consultation with the Consultative Committee

and a new position has been declared open and the applicant fails to be reappointed to the position; (d) the provisions of Sub clauses (2) and (3) shall only be applied in circumstance where the School has

undertaken academic or administrative change that has resulted in an alteration to the duties and or responsibilities of the existing position.

4.5 Termination of Employment

Both the employee and the School shall have the right to terminate employment in positions occupied in accordance with this Appendix. Notice of termination will be in accordance with the provisions of the Teachers’ Award – Non-Governmental Schools. A person whose position is terminated in accordance with the terms of this Appendix shall continue to be an employee as a Teacher under the terms and conditions of the Teachers' Award - Non Government Schools and this Certified Agreement. This clause will not apply to any employee dismissed for incompetence, misconduct or neglect of duty.

5. SAVINGS CLAUSE

The existing conditions and accrued entitlements of Employees employed at the date of signing shall not be reduced as a result of this Appendix coming into effect.

85

SCHEDULE 14

BOARDING HOUSE STAFF CONDITIONS

1. Variable Working Hours for Boarding House Staff 1.1 The ordinary hours of work shall not exceed an average of 38 hours per week over a 48 week cycle. The

maximum number of hours worked in any term time week is 50 hours and the maximum number of hours to be worked in any school year shall be 1824 hours.

1.2 Ordinary hours shall not exceed 11 on any one day. Where the number of ordinary working hours are to exceed

9 on any day, the arrangement of hours shall be subject to the mutual agreement between the School and the employee(s) concerned.

1.3 At the commencement of the school year the School will provide all boarding house staff with a list of term

dates. 1.4 Boarding House staff shall not be expected to perform any duties during School holiday periods. In instances

where holiday camps or conferences are conducted, boarding staff will be offered the opportunity to act in a variety of supervisory capacities, and will be paid in accordance with this Agreement.

2. Span of Hours

Boarding House Supervisors shall commence no earlier than 6.00am Monday to Sunday inclusive 3. Special Events

Boarding House Staff may be required to work up to 10 ordinary hours on identified special events without the payment of penalties per annum. The special events will be identified by the School at the commencement of each semester. Employees will be given 30 days notice prior to working on such an event. Special events may include, but are not limited to, the following: (a) Open Days (b) Building Openings (c) Fetes & Festivals (d) Annual ReUnion (e) Special Dinners

4. Meal Breaks

Where an staff member works for at least 5 hours per day, such boarding house supervisor shall be entitled to a continuous unpaid meal break of not less than 30 minutes and not more than 1 hour duration.

5. Rest Pauses

All Employees working at least 7.36 hours in a day (excluding the unpaid meal break) shall be entitled to a paid rest pause of ten (10) minutes duration in the first and second half of their working day. Where an employee works fewer than 7.36 hours, but more than four hours on any one day, the employee shall be entitled to one ten minute paid rest pause on that day. Such rest pauses shall be taken at times so as not to interfere with the necessary continuity of work or operational needs of the school.

6. Roster Provisions 6.1 The weekly Duty Roster is to be developed in consultation with Employees, taking into account the differing

family responsibilities of boarding house supervisors. 6.2 Providing that the level of duty of care is not compromised in any way the School is willing to accommodate

the differing needs of staff in the compilation of such rosters. 6.3 There shall be equity in the number of hours of work required of male and female boarding house supervisors. 6.4 Roster changes shall be provided to the affected employee(s) with seven days notice in writing,

notwithstanding that rosters may be altered by mutual agreement at any time. 6.5 The Duty Roster shall be developed such that each boarding house supervisor has at least four days off each

fortnight. Where an employee requires two consecutive days off, it shall be accommodated. However, consecutive days off contained in an employee’s roster need not be a Saturday and Sunday.

86 7. Time Off in Lieu

An employee who so requests shall be permitted time off in lieu of overtime payment when that employee has had to work extra time due to an emergent need. The rate of TOIL provided shall be equivalent to the overtime rate that would otherwise have been payable (eg 1.5 hours off for 1 hour of overtime worked).

8. Campus Accommodation and Associated Provisions 8.1 The School shall provide all full time boarding house supervisors with on campus accommodation free of

charge. This accommodation will be the primary residence of boarding house staff and available to them at all times throughout the year. The School will be responsible for the maintenance of such accommodation, as well as all water, rates and electricity costs and charges.

8.2 Each residence will be provided with a mobile phone for the use of staff with regard to communication

regarding boarding house matters. The costs associated with a boarding house residence landline telephone is the responsibility of the staff member, who may submit an expenses claim for any phone calls associated with the carrying out of boarding duties.

8.3 The School will provide all meals in the Dining Hall for boarding house supervisors should they require such. 9. Annualisation of Wages

Facility hereby exists for agreement to be reached between the School and a permanent full time or part time boarding house supervisor who works less than 52 weeks per year to have their pay averaged out over the full calendar year. Where such an agreement exists it shall be recorded in writing between the School and the employee, and a copy must be kept as part of the time and wages record.

10. Overtime 10. All work done in excess of the ordinary hours in nay one day, before the recognised starting time or after the

recognised ceasing time, in excess of 50 hours per week or in excess of 1824 hours per year shall be deemed to be overtime and shall be paid at the rate of time and a half for the first three hours and double time thereafter. Notwithstanding that the employee may elect to receive TOIL of the overtime that would otherwise have been paid, in accordance with the provisions of Clause 7 of this Appendix.

10.2 All provisions of the parent Award in regard to payment for public holidays apply. 11. Public Holiday Penalties 11.1 All work done by Employees on gazetted, statutory or show holidays shall be paid at the rate of double time

and a half. 12. Annual Leave

Every boarding house supervisor (other than a casual) shall be entitled to be paid an annual holiday of four weeks leave on full pay and annual leave loading of 17.5% for four weeks in accordance with the provisions of the parent Award in regard to the payment and taking of annual leave.

13. Professional Development 13.1 The School recognises the importance of the role of residential staff, and shall support the professional

development needs of such staff members. The School will pay for the cost of attendance at seminars and conferences relevant to the employee’s work and in accordance with the resource capacity of the school.

13.2 Upon application, the School will also consider financial contribution to the ongoing commitment to

appropriate further study by boarding house staff.

87

SCHEDULE 15

HANDLING COMPLAINTS AGAINST EMPLOYEES POLICY 1. Procedure 1.1 Parents, students and staff have a right to raise concerns and have them addressed by the appropriate member

of staff. 1.2 Any complaint shall be dealt with at the lowest level in the first instance and in a timely manner. 1.3 In the first instance a complainant will be asked to raise the issue with the staff member with whom they have

issue. If the complainant is not prepared to do this the school administration will facilitate a meeting to endeavour to resolve the issue between the Parties. Complaints about the Principal should be directed, in the first instance, to the Chair of the Board.

1.4 Complaints which are anonymous, or vague and non-specific can not be addressed. 1.5 Complaints should be handled objectively and with sensitivity, and not in a reactive and subjective manner.

The person making a complaint has a right to have the matter raised by them considered seriously and that a person against whom a complaint is made has a right to natural justice and a presumption of innocence until an investigation has proven otherwise.

1.6 On many occasions instances of complaint may be minor and managed by the Parties involved in an informal

manner. The document “Maintaining Harmony in our Community” provides example of how to achieve this outcome.

1.7 In some instances, complaints may be resolved by providing informal and formal options for redress which are

confidential, timely and objective, without the need for an investigation. 1.8 However, if the situation warrants a formal complaint process, the principal will instigate a formal process to

investigate the complaint. 1.9 Any complaint against a principal will, in the first instance, be managed by Chair of the Board. The complaint

process will follow these guidelines with the Chair of the Board taking the place of the principal in managing the complaints process.

1.10 This document does not preclude the principal raising issues related to an Employees professional conduct. 1.11 Matters outside the jurisdiction of All Souls St Gabriels School, or where the complainant refuses to follow the

processes outlined here, will not be investigated. 1.12 It is acknowledged that despite the best of endeavour to reach a harmonious resolution, not all complaints will be

resolved to everyone’s satisfaction. 2. The Principles of Natural Justice 2.1 The Principles of Natural Justice are best summarised as follows:

(a) All Parties to a decision should be heard and all relevant arguments considered before a decision is

made. (b) People should have adequate opportunity to present their views and respond to any adverse material

within a realistic timeframe. (c) A person is innocent until proven guilty. (d) The respondent should know the nature and sufficient detail of the complaint(s) against them and have

the right to obtain legal or industrial advice and representation.

88 3. Objectives of the Process 3.1 In implementing this process the primary objectives will be to:

(a) Determine whether there has been any unsatisfactory/inappropriate practice action, as soon as possible

and in the fairest and most objective manner possible. (b) Implement any necessary changes designed to bring about better educational, pastoral or administrative

outcomes. (c) Achieve reconciliation, if possible between the Parties based on open and transparent processes. (d) If possible establish renewed confidence in the relationships between the Parties.

4. Making a Complaint

[This process does not relate to complaints of abuse or sexual misconduct.] 4.1 In the first instance the person making the complaint will be asked to raise the matter directly with the person

against whom the complaint is made. 4.2 If a complaint is received by a principal (or other senior staff member) and it is determined that a direct

approach has been tried or is untenable, the person making the complaint will be requested to commit the complaint to writing, giving sufficient information and sufficient detail for the person against whom the complaint is made to fully understand the nature and context of the complaint.

4.3 Where a person making a complaint refuses to commit the complaint to writing, the person receiving the

complaint will record sufficient detail for the person against whom the complaint is made to fully understand the nature and context of the complaint. This written account should be read back to the complainant and their signature requested on the report. The complainant is informed that their name will be released to the respondent as part of the process.

4.4 A complainant has the right to withdraw the complaint at any time during the process, however, the Employer

reserves the right to follow up any matters of concern identified in any element of the investigation to that point.

4.5 Where the complaint is withdrawn, this complaint will not be relied upon, or used in any manner, in any future

disciplinary proceedings or professional contexts, and that if a record of the complaint is to be kept on file than the staff member must be informed of this and provided with documentation that the complaint was withdrawn and that the employee was deemed to have no case to answer. An exception to this situation is where a complaint alleges that the original complaint was withdrawn as a result of duress. In these situations the allegations of duress will be investigated along with the original complaint, and such investigation will be consistent with this process.

5. Investigating a Complaint 5.1 Not all matters will need to be raised with the staff member concerned if, after initial investigation the matter

proves to be unfounded, vindictive, outside the jurisdiction of Al Souls St Gabriels School or the complainant is not prepared to follow agreed processes in documenting the complaint no further action will be taken.

5.2 Where, in the professional judgement of the principal or other senior staff member, there is a need for a

complaint to be addressed or acted on, the person against whom the complaint is made must be informed. The intention to conduct an investigation will be made in writing to the staff member and/or the respondent to the complaint. This investigation process is the responsibility of the principal. If the complainant or the respondent is the principal or relative of the principal, the Chair of the Board will nominate another person to conduct the investigation.

5.3 The person against whom the complaint is made will be given the opportunity to respond to the complaint

prior to any action being taken by the Employer in response to the complaint. This may take the form of a written response, interview or both.

5.4 The person against whom the complaint is made will be provided with sufficient details of the complaint

against him/her so as to enable the respondent to adequately answer the allegations/complaints.

895.5 Complaints lodged with the Employer and not raised with the staff member concerned at the time cannot be

relied upon, or used in any manner in any future disciplinary proceedings or professional contexts. The principal will be required to address any complaints against a staff member at the time the complaint is raised.

5.6 The person against whom the complaint has been made must be given the opportunity to be accompanied by a

legal or industrial representative or a person of his/her choice at any interview. 5.7 The person against whom the complaint is made may access the transcript of their interview prior to any

findings being made. 5.8 Where meetings or interviews are arranged between the person against whom a complaint has been made and

the principal, parents/students or other appropriate staff in relation to the complaint, the person against whom the complaint has been made will be advised of the purpose of the meeting. (This advice will normally be in writing however there may be circumstances where this is not practical to do so). Such advice will state who will be attending the meeting. The person against whom the complaint has been made will be given reasonable notice of any such meeting or interview.

5.9 As part of the investigation process it may be necessary to retest information with all Parties. A person may be

requested to provide further or additional information, or to attend further or additional meeting(s). 5.10 The person against whom the complaint has been made, and their advisor(s), will be involved in discussions

about the resolution of the complaint and any action arising from the complaint, especially where this involves commitments/correspondence to the complainant.

5.11 The Employer will keep records of all meetings, together with all documentation referred to in the meeting.

The record of the meeting should, where possible, be an agreed record. Where an agreed record is not possible both Parties have the right to retain their own records of the meeting. Where an agreed record is not possible points of difference must be recorded.

6. Outcomes 6.1 The desired outcomes will be in line with the objectives identified earlier in this clause. 6.2 Outcomes will identify timeframes and processes to be utilised. Where an outcome identifies the need for

changed practice on the part of an employee, assistance will be provided to the employee (including professional development, counselling and mentoring).

6.3 The complainant will be advised that the matter has been investigated and/or resolved. A copy of the

Investigation Report will be provided to the complainant and the respondent. Recommendations to either party will be provided separately to each party. These recommendations may be shared where appropriate (eg if mediation is a recommendation).

6.4 If a record of a complaint is to be kept in a personal file the staff member must be informed of the complaint

and provided with documentation stating the matter was investigated and a record of the outcomes will be filed including, if the findings showed that the complaint against the employee had not been substantiated. The employee must also be advise of their right to have their response or comments filed along with the complaint.

7. Grievances

Where an employee is unhappy with an outcome, that person may wish to register a grievance.

90

SCHEDULE 16 TEACHERS’ EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the Teachers’ Employment Arrangements.

1.2 ARRANGEMENT

Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Application of Schedule 1.3 Definitions 1.4 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories 2.1 Part-time Teachers 2.2 Job share 2.3 Casual Teachers 2.4 Fixed term appointment 2.5 Incidental and peripheral tasks 2.6 Termination of employment 2.7 Continuity of service - Transfer of calling 2.8 Anti-discrimination 2.9 Introduction of changes 2.10 Redundancy 2.11 PART 3 - WAGES AND WAGE RELATED MATTERS Salaries - 3 Year trained Teachers 3.1 Salaries - 4 Year trained Teachers 3.2 Review 3.3 Advanced Skills Teacher 3.4 Salary increments 3.5 Allowances 3.6 Payment of salaries 3.7 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Overtime 4.2 PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Proportion of salary 5.1 Annual leave loading 5.2 Sick leave 5.3 Bereavement leave 5.4 Long service leave 5.5 Leave without pay 5.6 Public holidays 5.7 Jury service 5.8 PART 6 - TRAINING AND RELATED MATTERS

91Subject Matter Clause No. Training 6.1 Teacher portfolio 6.2 PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Text books 7.1 Advanced Skills Teacher - Level 1 (AST 1) Appendix 1

1.3 APPLICATION OF SCHEDULE

This Schedule shall apply to all Teachers, but shall not apply to such Teachers as are in Holy Orders, or are members of a recognised religious teaching order

1.4 DEFINITIONS

1.6.1 The "Act" means the Workplace Relations Act 1996 as amended or replaced from time to time. 1.6.2 "Advanced Skills Teacher" (AST) means an employee appointed as such who is an outstanding classroom

practitioner who consistently demonstrates a commitment to excellence in teaching and who is committed to professional development.

The Advanced Skills Teacher shall have the following primary objectives:

* To utilise exemplary strategies and processes in curriculum areas that provide the optimum program delivery

for students within a framework of the values and ethos of the schools/college. * To assist in interpreting, adapting and applying curriculum programs to the classroom setting and to teach,

model and demonstrate program components. * To contribute significantly to the enhancement of the teaching profession.

1.6.3 "Approved" used in relation to course, diploma, degree, or university, means a course, diploma, degree or

university acceptable to or recognised by the Director-General of Education (Queensland) for similar qualifying purposes in respect of Teachers employed by the Department of Education (Queensland).

1.6.4 "Average Enrolment" means the average of the gross number of pupils enrolled during the several terms of the

school Year in the "Secondary Department" of a school, or in the case of a school in which there is not a recognised "Secondary Department" in Junior and Senior classes.

1.6.5 "Commission" means the Australian Industrial Relations Commission. 1.6.6 "Duty" includes all tasks related to the educational development of students and tasks concerned with the

maintenance of good order and behaviour.

Such tasks include class and group teaching and instruction; conducting excursions for instruction in school curriculum during school hours; setting and correcting assignments, tests, laboratory work, and examination papers; supervision of tests and examinations conducted in connection with the school curriculum; evaluating and assessing students' work; care of laboratories and their equipment; compiling mark registers; compiling syllabuses and work books; giving written reports on students' work and progress; and supervising students detained for punishment. In the case of Resident Teachers "Duty" also means any supervision or other tasks in connection with the boarding establishment of the particular school required of the Resident Teacher the school authority.

1.6.7 "Extra-Curricular Duties" includes the supervision of school sports, clubs within the school, cadet training, and

other like duties.

Such duties shall be voluntary and honorary and shall be arranged by agreement between the Teachers and the school authority.

921.6.8 "4 Year Trained Teacher" means a person appointed as a Teacher who holds an Approved degree from a

recognised tertiary education institution or an Approved equivalent tertiary qualification plus at least one Year of Teacher education or such other qualifications recognised by the Employer as equivalent to one Year of Teacher education.

1.6.9 "Primary Department" means the Primary Department of a Secondary School. 1.6.10 "Primary School" means any school not under the direct control of the Department of Education which provides

primary education. It may be attached to a Secondary Department. 1.6.11 "Resident Teacher" means any Teacher other than the headmaster/headmistress or principal who is provided with

board and residence by the school authority which employs that person as a Teacher. 1.6.12 "Secondary Department" means the Secondary Department of a Primary School. 1.6.13"Secondary School" means any school not under direct control of the Department of Education (Queensland)

which prepares candidates for the Junior Certificate and/or the Senior Certificate as issued by the Queensland Studies Authority or comparable examinations of educational standard.

1.6.14 "Subject Co-ordinator" means a Teacher appointed as such by the controlling authority of the school, and who is

responsible for:

(a) prescription of the subject or subject area syllabus with special attention to grading and progression; (b) planning of programmes for year and term; (c) arrangement of subject discussions and demonstrations; (d) general guidance of Teachers of the subject with particular attention to young Teachers; (e) enrichment of other modification of subject prescription to suit student groups; (f) conduct of examinations and the planning or organising of a programme of continuous assessment in the

subject; (g) ordinary maintenance of books and equipment; (h) direction of remedial work in the subject.

1.6.15 "Teacher" means and includes any employee other than the headmaster/headmistress or principal, who is

ordinarily engaged in teaching full-time or part time on the staff of a school.

The term also includes any Teacher engaged in giving class instruction in physical education, commercial subjects, home science, agricultural subjects, art, music, manual training subjects or such other subjects Approved by the Board of Secondary School Studies.

The term also includes Teachers who are seconded to the following organisations:

(a) The Catholic Education Office (Archdiocese of Brisbane);

(b) The Catholic Education Offices (Dioceses of Toowoomba, Cairns, Townsville, and Rockhampton), The

Queensland Catholic Education Office;

(c) The Association of Independent Schools of Queensland; and The Board of Secondary Schools Studies. 1.6.16 "3 Year Trained Teacher" means a person appointed as a Teacher with 3 Years of Teacher education or such

other qualifications as may be recognised by the Employer for this purpose. 1.6.17 "Union" means the Independent Education Union of Australia, Queensland Branch. 1.6.18 "Year" used in relation to an Approved university course or an Approved course at a Queensland Institute of

Technology or a comparable institution means the subject requirements specified for a Year of a full-time course or an equivalent number or point value of subjects which are relevant to subjects being taught.

931.6.19 "Year of Service" for the purpose of assessing the salary payable to a Teacher shall be determined with due

regard to their qualifications and years of service in a capacity equivalent to the particular category of Teacher in a school or schools to which this Schedule applies, in a school or schools controlled by the Department of Education (Queensland), and such other teaching service as the employing school might recognise.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 EMPLOYMENT CATEGORIES

2.1.1 Employees covered by this Schedule shall be advised in writing of their employment category upon

appointment.

Employment categories are:

(a) full-time; (b) part-time (as prescribed in clause 2.2);

(c) job share (as prescribed in clause 2.3);

(d) casual (as prescribed in clause 2.4): or

(e) fixed term (as prescribed in clause 2.5)

2.2 PART-TIME TEACHERS

2.2.1 The rate of payment for part-time Teachers shall be calculated in accordance with clauses 2.2.1(a) and (b):

(a) By dividing the fortnightly rate of salary prescribed by this Schedule for a Teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23 %. No payment shall be made to such part-time Teachers for public holidays, school vacation periods or days absent from Duty because of illness or any other reason.

(b) By dividing the fortnightly rate of salary prescribed by the Schedule for a Teacher of equivalent teaching

experience and academic qualification by 53. Part-time Teachers employed in accordance with clause 2.2.1(b) shall accrue a pro rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

2.2.2 A part-time Teacher in Secondary Schools and in Secondary Departments of Primary Schools shall be allowed

time for corrections, assessments or evaluations at the school not less than at the rate of one hour for every 5 hours of teaching time. This time shall be paid in accordance with the scale of salaries prescribed in Part 3.

2.2.3 No part-time Teacher shall be employed in one school for more than 16 hours of actual teaching per week or if

employed in more than one school be actually engaged in teaching for an aggregate time in excess of 19 hours. 2.2.4 The provisions of clauses 3.1, 3.2 and 3.5 shall apply to part-time Teachers:

Provided that a part-time Teacher shall be deemed to have completed a Year of Service, for the purpose of clause 2.2 only, when the aggregate amount of time paid for is 1,000 hours.

2.2.5 Payment shall be made at the prescribed rate to a part-time Teacher whose class or classes are not available

unless notice has been given to the part-time Teacher of the unavailability of such class or classes on the preceding school day.

2.3 JOB SHARE

2.3.1 "Job share" is defined as a mode of employment where the duties, responsibilities and benefits of an employment

classification contained in this Schedule is shared between 2 Employees. 2.3.2 A request may be made by an existing Teacher to share the position the Teacher is currently holding. The request

must be made to the Employer and must identify the proposed division of the position. If the request is accepted by the Employer:

94

(a) The Parties to the proposal must negotiate a mutually suitable division of the work, and; (b) The residual position must be advertised.

2.3.3 A position subject to the job share arrangements as prescribed by clause 2.3, is not regarded as a fixed term

arrangement but rather continues for an indefinite period. 2.3.4 The salaries paid to job share participants shall be in accordance with the scale of salaries prescribed in Part 3

based on the percentage division of the work. 2.3.5 Employees subject to the job share arrangement prescribed by clause 2.3 shall be entitled to pro rata benefits of

such leave, vacation periods, public holidays and all other accrued benefits to full-time Employees based on the percentage division of the work.

2.3.6 If a participating Teacher is unable to attend for Duty because of illness, the other participant may be offered the

day(s) work by the Employer. If the offer is accepted by the participant, the Teacher shall be paid as a casual employee as prescribed by clause 2.4 for the relevant period.

2.3.7 Should either participating employee leave the employment of the school, the remaining employee may be

offered the residue of employment. If this offer is not accepted by the remaining participant, the provisions of clause 2.3.2 shall be followed.

2.3.8 The number of job share positions offered in any school shall not exceed one to 7 or fraction of 7 full-time

Teachers employed by the same Employer in the same school.

2.4 CASUAL TEACHERS

2.4.1 A casual Teacher shall be employed on an intermittent basis to relieve a Teacher absent from Duty or to meet a

short term staffing need. 2.4.2 A casual Teacher shall be employed for a minimum period of 3 hours and a maximum period of 5 days of

teaching in respect of any one engagement. There shall be a minimum payment of 3 hours for each day so employed.

2.4.3 Where Teachers are required to perform duties over and above their classroom teaching duties, they shall be

remunerated in accordance with clause 2.2.1(a). 2.4.4 Remuneration for a casual Teacher shall be based on the scale of salaries prescribed in Part 3 in accordance with

the formula contained in clause 2.2.1(a). 2.4.5 Casual Teachers in Secondary Schools and in Secondary Departments of Primary Schools will be paid for

preparation and correction time in accordance with clause 2.2.2. Casual Teachers will not receive such payment in respect of the first 2 days of any one engagement.

2.4.6 The provisions of clause 2.2.4 relating to salary increments shall apply.

2.5 FIXED TERM APPOINTMENT

2.5.1 "Fixed Term Appointee" is defined as a Teacher appointed by the school to accommodate an identifiable short

term need. Without limiting the application of the foregoing, an identifiable short term need could include:

(a) Special projects (b) Proposed closure of a school (c) Special Government grants (d) Filling the position of a specified Teacher who is on nominated leave from the school (e) Filling the position of a Teacher arising from a resignation, where such position is declared vacant and no

suitable permanent Teacher is available:

952.5.2 Fixed term appointees will be employed for a period no greater than 12 months and shall not be regarded as

probationary Teachers: Provided that if the identifiable short term need exists after the 12 month period, the fixed term appointment may be re-negotiated.

2.5.3 Any agreement reached between a school and an individual Teacher as prescribed by clause 2.5 shall be in

writing, signed by both Parties, and shall clearly identify the terms, conditions and specific duration of the appointment.

2.5.4 Fixed term appointees shall be paid salary in accordance with the scale of salaries prescribed in Part 3.

2.6 INCIDENTAL AND PERIPHERAL TASKS

2.6.1 An Employer may direct an employee to carry out such duties as are reasonably within the limits of the

employee's skill, competence and training. 2.6.2 An Employer may direct an employee to carry out such duties and use such tools and equipment as may be

required provided that the employee has been properly trained in the use of such tools and equipment (where relevant).

2.6.3 Any direction issued by an Employer pursuant to clauses 2.6.1 and 2.6.2 shall be consistent with the Employer's

responsibilities to provide a safe and healthy working environment.

2.7 TERMINATION OF EMPLOYMENT

2.7.1 Statement of employment

The Employer shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

2.7.2 Termination by Employer - full-time Teachers

(a) The Employer shall give to a full-time Teacher at least one month's notice in writing of the termination of their services

(b) Employees over 45 years of age at the time of the giving of notice, and with more than 5 years' service

with the Employer, shall be entitled to an additional week's notice to that prescribed in clause 2.7.2 (a). (c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned

shall be used. (e) The period of notice in clauses 2.7.2 (a) and 2.7.2 (b) shall not apply in the case of dismissal for

misconduct or other grounds that justify instant dismissal.

2.7.3 Termination by Employer - part-time Teachers (a) The Employer shall give to part-time Teachers the following notice in writing of the termination of their

services.

Less than 3 years' service 2 weeks' notice More than 3 years but less than 5 years 3 weeks More than 5 years 4 weeks

(b) In addition to the notice in clause 2.7.3(a) Employees over 45 years of age at the time of the giving of notice and with not less than 2 years continuous service, shall be entitled to an additional week's notice.

96(c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned

shall be used. (e) The period of notice in clause 2.7.3(a) shall not apply in the case of dismissal for misconduct or other

grounds that justify instant dismissal, or in the case of casual Employees. 2.7.4 Notice of termination by employee

(a) The notice of termination required to be given by an employee shall be the same as that required of an Employer:

Provided that there shall be no additional notice based on the age of the employee concerned.

(b) If an employee fails to give notice the Employer shall have the right to withhold monies due to the

employee with a maximum amount equal to the ordinary time rate for the period of notice:

Provided that employment may be terminated by part of the period of notice specified and part withholding of wages in lieu thereof.

2.8 CONTINUITY OF SERVICE - TRANSFER OF CALLING

2.8.1 A transferred employee is a person who becomes an employee of an Employer (the new Employer) because of

the transfer of a calling to the new Employer from another Employer (the former Employer). 2.8.2 Even if a person is dismissed by the former Employer before the transfer of a calling, the person is taken to

be a transferred employee if—

(a) the person is employed by the new Employer after the transfer; and

(b) the employee—

(i) was dismissed by the former Employer within 1 month immediately before the transfer; and (ii) is re-employed by the new Employer within 3 months after the dismissal.

2.8.3 The transfer of the calling is taken not to break the transferred employee’s continuity of service. 2.8.4 A period of service with the former Employer (including service before the commencement of this section) is

taken to be a period of service with the new Employer. 2.8.5 In this section—

dismissed includes stood-down. 2.8.6 Continuity of service—generally

(a) Service with a partnership and an Employer who was, or becomes, a member of the partnership is taken to be continuous service with the same Employer;

(b) An employee’s continuity of service with an Employer is not broken if the employee’s service is

temporarily lent or let on hire by the Employer to another Employer;

(c) An employee’s continuity of service with an Employer is not broken by an absence, including through illness or injury— (i) on paid leave approved by the Employer; or (ii) on unpaid leave approved by the Employer;

(d) An employee’s continuity of service with an Employer is not broken if—

(i) the employee’s employment is terminated by the Employer or employee because of illness or injury; and

(ii) the Employer re-employs the employee; and

97(iii) the employee has not been employed in a calling (whether on the employee’s own account or as an

employee) between the termination and the re-employment;

(e) An employee’s continuity of service with an Employer is not broken if— (i) the employee’s employment is terminated by the Employer or employee; and (ii) the Employer re-employs the employee within 3 months after the termination.

(f) An employee’s continuity of service with an Employer is not broken if—

(i) the employee’s employment is interrupted or terminated by the Employer with intent to avoid an obligation under this Schedule, an industrial instrument or employment contract; or

(ii) the employee’s employment is interrupted or terminated by the Employer as a direct or indirect result of an industrial dispute, and the Employer re-employs the employee;

(g) An employee’s continuity of service is not broken if—

(i) the employee’s employment is interrupted or terminated by the Employer because of slackness of trade or business; and

(ii) the Employer re-employs the employee;

(h) Service with a corporation and any of its subsidiaries is taken to be continuous service with the same Employer;

(i) However, a period for which the employee is away from work under subsections (c)(ii), (d), (e), (f)(ii) or

(g) is not service under this part unless— (i) the Act or an industrial instrument provides otherwise; or (ii) the commission directs otherwise.

(j) In this section—

subsidiary has the meaning given by the Corporations Act. Terminate includes stand-down.

2.9 ANTI-DISCRIMINATION

2.9.1 It is the intention of the Parties to this Agreement to prevent and eliminate discrimination, as defined by the Anti-

Discrimination Act 1991(Qld) as amended from time to time, which includes:

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

(b) sexual harassment; and (c) racial and religious vilification.

2.9.2 Accordingly, in fulfilling their obligations under the grievance and dispute settling procedure in this Agreement,

the Parties to this Agreement must take reasonable steps to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects.

2.9.3 Under the Anti-Discrimination Act 1991 (Qld) it is unlawful to victimise an employee because the employee has

made or may make or has been involved in a complaint of unlawful discrimination or harassment. 2.9.4 Nothing in clause 2.9 is to be taken to affect:

(a) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991;

(b) an employee, Employer or registered organization, pursuing matters of discrimination, including by

application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

2.10 INTRODUCTION OF CHANGES

2.10.1 Employer's duty to notify

98(a) Where an Employer decides to introduce changes in production, program, organisation, structure or

technology, that are likely to have significant effects on Employees, the Employer shall notify the Employees who may be affected by the proposed changes and, where relevant, their Union or Unions.

(b) Significant effects' includes termination of employment, major changes in the composition, operation or

size of the Employer's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs:

Provided that where the Schedule makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

2.10.2 Employer's duty to consult over change

(a) The Employer shall consult the Employees affected and, where relevant, their Union or Unions about the

introduction of the changes, the effects the changes are likely to have on Employees (including the number and categories of Employees likely to be dismissed, and the time when, or the period over which, the Employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b) The consultation must occur as soon as practicable after making the decision referred to in clause 2.10.1. (c) For the purpose of such consultation the Employer shall provide in writing to the Employees concerned

and, where relevant, their Union or Unions, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees, and any other matters likely to affect Employees, provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.

2.11 REDUNDANCY

2.11.1 Consultation before terminations

(a) Where an Employer decides that the Employer no longer wishes the job the employee has been doing to

be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the employee directly affected and where relevant, their Union or Unions.

(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision,

which will invoke the provisions of clause 2.11.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the Employees concerned.

(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the

Employees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out:

Provided that an Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.

2.11.2 Transfer to lower paid duties

(a) Where an employee is transferred to lower paid duties for reasons set out in clause 2.11.1 the employee

shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 2.7.

(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the

difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the employee for the number of weeks of notice still owing.

(c) The amounts must be worked out on the basis of:

(i) the ordinary working hours to be worked by the employee; and

99(ii) the amounts payable to the employee for the hours including for example, allowances, loadings

and penalties; and (iii) any other amounts payable under the employee's employment contract.

2.11.3 Transmission of business

(a) Where a business is, whether before or after the date of insertion of this clause in the Schedule,

transmitted from an Employer (transmittor) to another Employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:

(i) the continuity of the employment of the employee shall be deemed not to have been broken by

reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor

shall be deemed to be service of the employee with the transmittee. (b) In clause 2.11.3, 'business' includes trade, process, business or occupation and includes a part or

subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

2.11.4 Time off during notice period

(a) Where a decision has been made to terminate an employee in the circumstances outlined in clause

2.11.1(a), the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the

purpose of seeking other employment, the employee shall, at the request of the Employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

2.11.5 Notice to Centrelink

Where a decision has been made to terminate Employees in the circumstances outlined in clause 2.11.1, the Employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the Employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out.

2.11.6 Severance pay

(a) Shall be calculated as provided for in clause 12.1 of this Agreement.

(b) 'Weeks' Pay' means the ordinary time rate of pay for the employee concerned:

Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments.

2.11.7 Superannuation benefits

An Employer may make an application to the Commission for relief from the obligation to make severance payments in circumstances where:

(a) the Employer has contributed to a superannuation scheme which provides a particular benefit to an

employee in a redundancy situation; and (b) the particular benefit to the employee is over and above any benefit the employee might obtain from any

legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.

2.11.8 Employee leaving during notice

100An employee whose employment is terminated for reasons set out in clause 2.11.1(a), may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the Employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

2.11.9 Alternative employment

An Employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the Employer obtains acceptable alternative employment for an employee.

2.11.10 Employees with less than one year's service

Clause 2.11 shall not apply to Employees with less than one year's continuous service and the general obligation on Employers should be no more than to give relevant Employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the Employees of suitable alternative employment.

2.11.11 Employees exempted

Clause 2.11 shall not apply:

(a) where employment is terminated as a consequence of misconduct on the part of the employee; or (b) to Employees engaged for a specific period or task(s); or (c) to casual Employees.

2.11.12 Employers exempted

(a) Subject to an order of the Commission, in a particular redundancy case, clause 2.11 shall not apply to an

Employer including a company or companies that employ Employees working a total of fewer than 550 hours on average per week, excluding overtime, Monday to Sunday. The 550 hours shall be averaged over the previous 12 months.

(b) A 'company' shall be defined as:

(i) a company and the entities it controls; or (ii) a company and its related company or related companies; or (iii) a company where the company or companies has a common Director or common Directors or a

common shareholder or common shareholders with another company or companies.

2.11.13 Exemption where transmission of business

(a) The provisions of clause 2.11.6 are not applicable where a business is before or after the date of the insertion of this clause into the Schedule, transmitted from an Employer (transmittor) to another Employer (transmittee), in any of the following circumstances:

(i) where the employee accepts employment with the transmittee which recognises the period of

continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or

(ii) where the employee rejects an offer of employment with the transmittee:

(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

(b) The Commission may amend clause 2.11.13(a)(ii) if it is satisfied that it would operate unfairly in a

particular case, or in the instance of contrived arrangements.

2.11.14 Incapacity to pay

101An Employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the Employer's incapacity to pay.

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 SALARIES - 3 YEAR TRAINED TEACHERS

3.1.1 The scale of minimum salaries for Teachers found in Schedule 1– Wages shall apply shall apply to all 3 Year

trained Teachers. 3.1.2 Incremental Progression

(a) A 3 Year trained Teacher shall be appointed at Band 1 Step 1. (b) Except as otherwise provided by this Schedule, progression from one salary Step to a higher salary Step

shall be by annual increment up to the maximum salary of Band 2. (c) Except as otherwise provided by this Schedule, a 3 Year trained Teacher shall have access to Band 3 and

shall complete 2 years service on Steps 1, 2 and 3 of Band 3 before progression to the next Step. 3.1.3 Progression - Additional qualifications

A 3 Year trained Teacher who successfully completes further tertiary study to achieve the status of 4 Year trained Teacher shall as from 1 January or 1 July whichever is the first following such completion upon production of satisfactory evidence thereof have the appropriate salary Step in clause 3.1.1 determined according to the following table:

Salary Step Salary Step clause 3.1.1 clause 3.2.1 Band 1 Step 1 Band 2 Step 1 Band 1 Step 2 Band 2 Step 2 Band 1 Step 3 Band 2 Step 3 Band 1 Step 4 Band 2 Step 4 Band 2 Step 1 Band 2 Step 5 Band 2 Step 2 Band 3 Step 1 Band 2 Step 3 Band 3 Step 2 Band 2 Step 4 Band 3 Step 3 Band 2 Step 5 Band 3 Step 4

3.1.4 The arrangements contained in clause 3.1.3 shall not alter the date at which a Teacher progresses to the next

salary Step on the scale where applicable. 3.1.5 Progression - Professional Development

(a) Notwithstanding the provisions of clause 3.1.2, a 3 Year trained Teacher may apply for progression by annual increments through Band 3 subject to the following conditions:

(i) completion of at least 12 months service on Step 5 Band 2; (ii) participation in 150 hours of accredited professional development activities undertaken no earlier

than 1 January 1990 to be achieved at an annual average rate of not less than 30 hours (5 days) and to be undertaken outside the hours engaged in teaching; and

(iii) provision of a statement outlining the knowledge and skills acquired through participation in

professional development.

(b) Applications for progression shall be made through the Principal of the school and be subject to assessment and recommendation to the school authority by a panel consisting of -

(i) a representative of the School Authority; (ii) a representative of the Teacher seeking progression;

102 (iii) a representative jointly agreed to.

(c) Applications shall include -

(i) certification of participation in accredited professional development activities by activity providers;

(ii) a brief statement on a standard agreed, outlining the additional knowledge and skills acquired and

their application in the Teacher's work.

(d) No Teacher shall be required to undergo classroom or other inspection for the purposes of certification. (e) The review panel shall make a recommendation to the employing authority as to whether in its opinion

the Teacher has satisfied the eligibility criteria in clause 3.1.5. (f) A Teacher shall retain all rights under the Act.

(g) A Teacher who is certified as having satisfied the requirements contained in clause 3.1.5 (a) shall be

entitled to progress to the next Step in Band 3 from the date of application or on the completion of 12 months' service on their current Step which shall be no lower than Step 1 of Band 3 whichever is the later and shall progress thereafter by annual increments to the maximum salary of Band 3.

3.2 SALARIES - 4 YEAR TRAINED TEACHERS

3.2.1 The scale of minimum salaries for Teachers found in Schedule X – Wages shall apply shall apply to all 4 Year

trained Teachers. 3.2.2 Progression

(a) A 4 Year trained Teacher shall be appointed at Band 2 Step 1. (b) A Teacher admitted to the service as a 4 Year trained Teacher who has an Approved bachelor's degree

with first and second degree honours from a recognised University plus one Year of Teacher education or 2 Approved degrees from a recognised university plus one Year of Teacher education shall commence on the salary prescribed for Step 2.

(c) Except as otherwise provided by this Schedule, progression from one salary Step to a higher salary Step

shall be by annual increment up to a maximum salary of Band 3.

3.3 REVIEW

3.3.1 Any anomalies which may arise from the application of clauses 3.1 and 3.2 shall in the first instance be the

subject of negotiation between the relevant Parties. 3.3.2 Where an agreement cannot be reached on the rectification of an anomaly, the matter will be processed through

the grievance and dispute settling procedure in this Agreement.

3.4 ADVANCED SKILLS TEACHER

3.4.1 Eligibility - A Teacher shall be eligible for an Advanced Skills Teacher Level 1 (AST 1)

classification upon completion of one year's satisfactory service on Band 3 Step 4. 3.4.2 Method

(a) A Teacher shall be eligible for appointment to the AST 1 classification upon validation of a minimum prescribed number of criteria as agreed to by the employing authority and industrial organization and as set out in Appendix 1 of this Schedule.

(b) Selection Criteria Guidelines as set out in clause (1) of Appendix 1shall apply

3.4.3 Mechanism - The determination as to whether a Teacher progresses to the AST 1 classification shall be by panel

mechanism as agreed to by the employing authorities and the Union with the final decision resting with the employing authority.

103 3.4.4 Remuneration

(a) An AST1 shall be paid an allowance at the rate of $1,766 per annum, and such allowance shall be payable for all purposes of the Schedule.

(b) excepting as to Moderation Allowances prescribed in clause 3.6.2, this allowance is not required to be

paid in addition to other allowances such as Subject Co-ordinator (clause 3.6.1) or to non-schedule payments otherwise made by the Employer and attributable to teaching duties.

3.4.5 Portability - A Teacher achieving an AST 1 classification may be appointed as such by the employing authority

at future engagements within the private sector and on the appointment from the public teaching service in the State of Queensland.

3.4.6 Appointments to AST1 shall be for a limited tenure of 5 years and may be renewable and an appraisal system, as

agreed between the Parties shall apply during the period of tenure. 3.4.7 Entitlement - A Teacher must be paid the appropriate allowance from the date of appointment though where

appropriate the employing authority at its discretion may choose to pay the Teacher from the date of recommendation.

3.4.8 Additional Duties - An AST 1 may be required to perform additional duties. Any relevant additional duties

should be done by way of consultation with appropriate discounting of normal duties. This should not be applied as to undermine the basic role of the AST 1.

3.4.9 Notwithstanding the provisions of clause 3.4, a Teacher will not be entitled to receive both the allowance for

AST and an allowance or remuneration for a position of added responsibility as prescribed by an Appendix to this Schedule.

3.5 SALARY INCREMENTS

Subject to satisfactory conduct, diligence, and efficiency, a Teacher shall receive annual increments in salary according to the scale of salaries applicable until the Teacher receives the maximum salary for which the Teacher is eligible under this Schedule.

3.6 ALLOWANCES

3.6.1 Subject co-ordinator allowance

(a) The provisions of clause 3.6.1 shall only apply to schools where the enrolment in Secondary classes exceeds 300 pupils.

(b) A Teacher appointed by the Employer as a Subject Co-ordinator will be paid an allowance as follows:

(i) Where the subject or subject area concerned occupies at least 49 hours in the weekly teaching

programme at the school, and at least 4 Teachers are engaged in teaching such subject or subject area, the allowance shall be $136.70 per fortnight ($3,566.00 per annum).

(ii) Where the subject or subject area concerned occupies at least 16 hours in the weekly teaching

programme at the school, the allowance shall be $68.70 per fortnight ($1,792.00 per annum). (c) Clause 3.6.1 will not apply to a Teacher where that Teacher is excluded by the provisions of a Appendix

to this Schedule.

3.6.2 Moderation allowance

(a) A Teacher who performs moderation duties and is responsible to a district moderation meeting for the assessment of a subject (or subject area) for years 10, 11 or 12 shall be paid an allowance as follows:

(i) Where the Teacher is responsible for 3 or more Teachers (including the Teacher receiving the

allowance) in the subject area, $20.20 per fortnight ($527.00 per annum). (ii) Where the Teacher is responsible for 2 or more Teachers (including the Teacher receiving the

allowance) in the subject area, $13.60 per fortnight ($355.00 per annum).

104

(b) The allowances prescribed by clause 3.6.2(a) will not be paid to a Teacher who is in receipt of a Subject Co-ordinators allowance as prescribed by clause 3.6.1 or to a Teacher who is excluded by the provisions of a Appendix to this Schedule.

3.6.3 Northern Allowance

(a) Teachers employed in the Northern Division of the State who are not provided by their Employers with free board and lodgings shall be paid an allowance at the rate of $5.05 per fortnight ($132 per annum) in addition to the salaries prescribed by this Schedule.

(b) The Northern Division shall comprise all that portion of the State north of the 21st parallel of South

Latitude.

3.7 PAYMENT OF SALARIES

3.7.1 Except where otherwise mutually agreed between the Employer and the majority of Employees, payment of

salaries shall be made fortnightly.

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 Secondary Schools

The ordinary hours of Duty for Teachers in Secondary Schools and in the Secondary Department of Primary Schools shall not exceed 30 per week of which, in the case of non-Resident Teachers, not more than one-third shall be performed before 9 a.m. and after 5 p.m.

4.1.2 Primary Schools

(a) The ordinary hours of Duty for Teachers in Primary Schools shall not exceed 27 1/2 per week.

(b) Teachers shall be on Duty 15 minutes before the morning assembly and shall remain on Duty until the time of dismissal of the school for the day.

(c) Principals may assign to members of their staff duties requiring their attendance until a time not later than

30 minutes after the time of dismissal of the school for the day:

Provided that such duties shall be allocated, when practicable, on a roster basis. 4.1.3 Resident Teachers

(a) Notwithstanding the provisions of clauses 4.1.1 and 4.1.2 a Resident Teacher who is engaged as a full-time Teacher in the same school to which the boarding establishment is attached may be required to spend not more than 10 hours per week in resident duties as herein defined. These hours of Duty shall be in exchange for the Resident Teacher's board and residence.

(b) By mutual agreement between the employee and the school authority the hours of resident Duty of

Resident Teachers may be averaged over one term. 4.1.4 Clause 4.1 will not apply to a Teacher where that Teacher is excluded by the provisions of an Appendix to this

Schedule.

4.2 OVERTIME

4.2.1 A non-Resident Teacher or a Resident Teacher required to work in excess of 30 hours per week or 40 hours per

week in a Secondary School and 27.5 hours per week or 37.5 hours per week in a Primary School, as the case may be, shall be paid at the rate of $14.955 per hour for the extra time so worked.

4.2.2 Clause 4.2 will not apply to a Teacher where that Teacher is excluded by the provisions of a Appendix to this

Schedule.

105PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 PROPORTION OF SALARY

5.1.1 A Teacher upon appointment shall be paid as from the date upon which the Teacher commenced Duty, provided

that a Teacher who has taught (or has been granted leave by the school) for each day of the school year at the particular school shall be paid as for a full calendar year commencing on 1st January. A Teacher who ceases Duty before completing 10 teaching weeks of employment shall be paid in lieu of vacation pay an amount equal to 1/12th of their ordinary pay for the period of employment.

5.1.2 A Teacher who ceases Duty after at least 10 teaching weeks of employment shall be paid the proportion of the

Teacher's annual salary of that year that the Teacher's service excluding school vacations bears to a standard school year:

Provided that such proportion of salary shall be calculated on the salary which the employee was receiving immediately before cessation of employment.

5.1.3 A standard year shall be deemed for the purposes of clause 5.1 to be 40 weeks in a Secondary School and 40

weeks in the Secondary Department of a Primary School and 42 weeks in a Primary School excluding the Secondary Department.

5.2 ANNUAL LEAVE LOADING

5.2.1 A Teacher who has taught (or has been granted leave by the school) for each day of the school year at the

particular school shall receive an annual leave loading equivalent to 17.5% of 4 weeks' salary calculated upon the salary which such employee was receiving immediately before commencing the midsummer vacation.

5.2.2 A Teacher who commences employment after the beginning of a school year and:

(a) has actually taught for at least 20 weeks; or

(b) has taught for at least a full school term and who teaches to the end of the school year, shall be paid the proportion of the annual leave loading prescribed in clause 5.2.1 that the Teacher's service (excluding school vacations) bears to a standard school year.

5.2.3 A Teacher who resigns, having given the prescribed notice in writing, or whose services are terminated by the

Employer for some reason or reasons other than misconduct and who has taught for at least the full first school term shall be paid the proportion of the annual leave loading prescribed in clause 5.2.1 that the Teacher's service (excluding school vacations) bears to a standard school year:

Provided that such loading shall be calculated upon salary which the employee was receiving immediately before cessation of employment.

5.2.4 The full amount of the abovementioned annual leave loadings shall be paid to the Teacher at the commencement

of the midsummer vacation or prior date of cessation of employment. 5.2.5 A standard year shall be deemed for the purposes of clause 5.2 to be 40 weeks in a Secondary School and forty

weeks in the Secondary Department of a Primary School and 42 weeks in a Primary School excluding the Secondary Department.

5.2.6 For the purposes of clause 5.2, salaries shall be regarded as including allowances prescribed by clause 3.6.

5.3 SICK LEAVE

5.3.1 Entitlement

(a) Every employee, except casuals, is entitled to 10 days' sick leave for each completed year of their employment with their Employer.

(b) This entitlement will accrue at the rate of one day's sick leave after each 5.2 weeks of employment. (c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked

by the employee if the employee were not absent on sick leave.

106(d) Sick leave may be taken for part of a day. (e) Sick leave shall be cumulative, but unless the Employer and employee otherwise agree, no employee shall

be entitled to receive, and no Employer shall be bound to make, payment for more than 13 weeks' absence from work through illness in any one year.

(f) Part-time Employees accrue sick leave on a proportional basis.

5.3.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising the Employer of the employee's absence due to illness and its expected duration. 5.3.3 Evidence supporting a claim When the employee's absence is for more than 2 days the employee is required to give the Employer a doctor's certificate or other reasonably acceptable evidence about the nature and approximate duration of the illness. 5.3.4 Accumulated sick leave An employee's accumulated sick leave entitlements are preserved when:

(a) The employee is absent from work on unpaid leave granted by the Employer;

(b) The Employer or employee terminates the employee's employment and the employee is re-employed within 3 months; or

(c) The employee's employment is terminated because of illness or injury and the employee is re-employed

by the same Employer without having been employed in the interim. The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the Employer. 5.3.5 Workers' compensation Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave.

5.4 BEREAVEMENT LEAVE

5.4.1 Full-time and part-time Employees Full-time and part-time Employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the Employer. 5.4.2 Long-term casual Employees

(a) A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person's immediate family or household in Australia.

(b) a "long-term casual employee" is a casual employee engaged by a particular Employer, on a regular and

systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 5.4.2.

5.4.3 "Immediate family" includes:

(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b) a child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-

nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 5.4.4 Unpaid leave

107An employee with the consent of the Employer, may apply for unpaid leave when a member of the employee's immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient.

5.5 LONG SERVICE LEAVE

All Employees covered by this Schedule are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Industrial Relations Act 1999 (Qld) as amended from time to time.

5.6 LEAVE WITHOUT PAY

5.6.1 Any Teacher who is granted leave of absence without pay to obtain further experience, training, or

qualifications, or who is granted special leave shall not lose continuity of service for salary, sick and long service leave purposes.

5.6.2 The period of leave shall not by reason only of clause 5.7 be taken into account in calculating the period of

service of the employee.

5.7 PUBLIC HOLIDAYS

5.7.1 An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to

full pay for the time the employee would ordinarily have been required to perform work on that day. 5.7.2 All work done by any employee on:

- the 1st January; - the 26th January; - Good Friday; - Easter Saturday (the day after Good Friday); - Easter Monday; - the 25th April (Anzac Day); - Labour Day; - The Birthday of the Sovereign; - Christmas Day; - Boxing Day; or - any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours.

5.7.3 Double time and a-half For the purposes of clause 5.7, where the rate of wages is a weekly rate, "double time and a-half" means one and one half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 5.7.4 Work done on any other holiday shall not be deemed overtime or be paid for at an increased rate. 5.7.5 Annual show All work done by an employee in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and Employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.

5.10 JURY SERVICE

An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service.

108 Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the Employer and the Employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify their Employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their Employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-agreement payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.

PART 6 - TRAINING AND RELATED MATTERS

6.1 TRAINING

6.1.1 The Parties to this Agreement recognise that in order to increase the efficiency and productivity of the enterprise

and also the national and international competitiveness of the industries covered by this Schedule, a greater commitment to training and skill development is required. Accordingly, the Parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;

(b) providing Employees with career opportunities through appropriate training to acquire additional skills;

and

(c) removing barriers to the use of skills acquired.

6.2 EACHER PORTFOLIO

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

PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

7.1 TEXT BOOKS

Such text books as the headmaster/headmistress or principal considers necessary shall be provided by the school, but shall remain the property of the school.

109

SCHEDULE 17 SCHOOL OFFICERS' EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the School Officers' Employment Arrangements.

1.2 ARRANGEMENT

Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Schedule Coverage 1.3 Definitions 1.4 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment 2.1 Part-time employment 2.2 Casual employment 2.3 Employment of term-time and fixed period Employees 2.4 Termination of employment 2.5 Introduction of Changes 2.6 Redundancy 2.7 Continuity of service - transfer of calling 2.8 PART 3 - WAGES AND WAGE RELATED MATTERS Classification process 3.1 Incremental advancement 3.2 Recognition of previous service for salary purposes 3.3 Wages 3.4 Payment of salaries 3.5 Allowances 3.6 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Overtime 4.2 Rest pauses 4.3 Meal break 4.4 PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave 5.1 Sick Leave 5.2 Bereavement Leave 5.3 Long Service Leave 5.4 Public Holidays 5.5 Jury Service 5.6 PART 6 - TRAINING AND RELATED MATTERS Training 6.1

110

1.3 SCHEDULE COVERAGE

1.3.1 This Schedule shall apply to those Employees employed at the College who are not employed as Teachers but

whose duties are ancillary to and/or involved in the educational process: and who may have been described as Teacher aides, librarians, library aides, laboratory assistants, audio-visual aides, scientific personnel, school secretaries, school assistants, School Officers and other non-teaching Employees; but excluding persons employed as grounds-persons; Nurses; builders; carpenters; manual labourers; estate hands; bus drivers; cleaners; cooks; domestics; kitchen hands; laundresses/seamstresses; domestic housemaids; housekeepers; school maintenance assistants, waiters; and boarding supervisors who are not Teachers.

1.3.2 Notwithstanding clause 1.3.1, this Schedule shall not apply to those Employees employed at the college who

may be commonly described as bursars, school accountants and managers. 1.3.3 Partial Exemption

(a) As an alternative to being subject to all schedule clauses, a full-time employee remunerated in excess of the highest level prescribed in this Schedule for a Level 7 employee, may mutually agree in writing with the Employer not to be bound by Part 4, namely: - hours of work; - breaks; - overtime; - shift work; and - weekend work.

(b) A copy of the terms of the agreement will be supplied to the employee. (c) There will be taken to be mutual agreement for the purposes of clause 1.3.3(a) if an Employer employed a

School Officer and remunerated that employee at a level in excess of the highest level prescribed for Level 6 in this Schedule prior to 15 November 2004.

(d) The overall terms and conditions of employment agreed under clause 1.3.3 must not be less favourable

than the provisions of this Agreement as a whole for an employee classified as Level 7 and the employee shall not be disadvantaged by the agreement, taking into the consideration the rate the employee would otherwise have been paid to the maximum of Level 7 under the Schedule, had the employee not entered into such agreement.

(e) For any agreement entered into under clause 1.3.3 there will be no requirement for the Employer to keep

particulars of the Employees' starting and finishing times each day. (f) If an employee considers that the employee has been disadvantaged by the agreement, this issue must be

addressed between the Employer and the employee in the manner prescribed in the Dispute and Grievance procedure in this Agreement. No claim for unpaid wages resulting from clause 1.3.3 may be made to the Commission until the grievance and dispute settling procedure under this Agreement has been concluded.

(g) If the employee subject to an agreement under clause 1.3.3 is required to work on a public holiday, to be

taken at a mutually agreed time or extra time (equal to the time actually worked on the public holiday) added to the employee's annual leave entitlement.

(h) The Employer or an employee may withdraw from an agreement to be paid in accordance with clause

1.3.3 by the giving of the quantum of notice required by clause 2.5 of this Schedule.

1.4 DEFINITIONS

1.4.1 The "Act" shall be taken to mean the Workplace Relations Act as amended or replaced from time to time. 1.4.2 The "Commission" means the Australian Industrial Relations Commission. 1.4.3 "Union" means the Queensland Independent Education Union of Employees.

111PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 CONTRACT OF EMPLOYMENT

2.1.1 Each employee other than a casual employee shall be advised in writing at point of engagement and at other

times when varied in accordance with this Schedule, the following:

(a) The nature of engagement as either full-time or such other category as provided in clause 2.1.2. (b) If not full-time, the weeks the employee is to be employed. (c) The days of the week the employee is to be employed. (d) The normal starting and finishing time for each day's employment. (e) The duration of the engagement in respect of employment for a fixed period.

2.1.2 Employment categories are:

(a) full-time which means an employee engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum;

(b) part-time (as prescribed in clause 2.2);

(c) casual (as prescribed in clause 2.3); or

(d) term-time employee (as prescribed in clause 2.4); or

(e) fixed period employee (as prescribed in clause 2.4).

2.1.3 Subject to clauses 2.6 and 2.7, an Employer may vary the terms of engagement of any employee other than a

casual employee by providing 2 weeks' notice of such changes unless it is mutually agreed between the Employer and employee for a shorter period of time.

2.2 PART-TIME EMPLOYMENT

2.2.1 A part-time employee is an employee who:

(a) is employed for less than 38 ordinary hours per week on the basis of 52 weeks per annum; and

(b) has reasonably predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time Employees covered by this Schedule.

2.2.2 At the time of engagement, the Employer and the employee will agree in writing on the pattern of work required,

including specifying the number of ordinary hours per week, the days on which the work is to be performed and the normal daily starting and finishing times.

2.2.3 Any variation to the work pattern, including the normal starting and finishing times prescribed in clause 4.1.3,

will be in accordance with methods of altering the ordinary hours of work for full-time Employees. 2.2.4 Subject to clause 2.1.3 the agreed number of ordinary hours per week may be varied by mutual agreement. Any

such agreed variation to the number of weekly hours of work will be recorded in writing. 2.2.5 All time worked outside the spread of ordinary working hours and the Employees normal starting and finishing

times of ordinary hours will be overtime and paid for at the rates prescribed in clause 4.2 - Overtime, of this Schedule.

2.2.6 A part-time employee employed under the provisions of clause 2.2 must be paid for ordinary hours worked at the

rate of 1/38th of the weekly rate prescribed for the class of work performed.

1122.2.7 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be

paid the appropriate rate for the number of hours normally worked on that day. 2.2.8 Where an employee and their Employer agree in writing, part-time employment may be converted to full-time,

and vice-versa. If such an employee transfers from full-time to part-time (or vice-versa), all accrued entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

2.3 CASUAL EMPLOYMENT

2.3.1 Casual employee means an employee engaged and paid as such and who is employed by the hour for a

maximum period of 20 working days on any one engagement. 2.3.2 A casual employee shall be paid an hourly rate equal to 1/38th of the weekly rate for a full-time employee plus 23%

with a minimum payment of 2 hours for each day's engagement.

2.4 EMPLOYMENT OF TERM-TIME AND FIXED PERIOD EMPLOYEES

2.4.1 Term-time or fixed period Employees shall be entitled to be paid an hourly rate for ordinary hours worked equal

to the appropriate weekly full-time rate divided by 38. 2.4.2 Employees under clause 2.4 shall be entitled to receive pro rata entitlements to annual leave and sick leave in

accordance with this Schedule. 2.4.3 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be

paid the appropriate rate for the number of hours normally worked on that day. 2.4.4 "Term-time employee" is a continuing employee engaged to work:

(a) 38 ordinary hours per week but less than 52 weeks per annum; or

(b) Less than 38 ordinary hours per week and less than 52 weeks per annum. 2.4.5 "Fixed period employee" is one engaged to work 38 ordinary hours or less per week with a specified

commencement and cessation date:

Provided that a fixed period employee may be engaged for a period of up to 52 weeks in respect of any one engagement.

2.5 TERMINATION OF EMPLOYMENT

2.5.1 The Employer will give to an employee, other than a casual employee, notice in writing of the termination of

employment as follows:

(a) If the employee's continuous service is:

(i) not more than 3 years 2 weeks (ii) more than 3 years but not more than 5 years 3 weeks (iii) more than 5 years 4 weeks

(b) The notice required by clause 2.5.1(a) will be increased by one week if the employee:

(i) is over 45 years old; and (ii) has completed at least 2 years of continuous service with the Employer.

(c) An employee, other than a casual employee, will give to the Employer 2 weeks' notice in writing of

intention to resign from the position. (d) Where the Employer does not give the appropriate notice payment in lieu of notice will be made to the

employee. Where the employee does not give the appropriate notice the Employer is entitled to withhold

113money in lieu of notice from wages due to the employee. Employment may be terminated by giving part of the period of notice and part-payment (or withholding as the case may be) in lieu of notice.

2.5.2 Certificate of employment An employee, upon termination of the employee's services for any reason whatsoever, shall be provided by the Employer with a certificate of employment signed and dated by the Employer containing the following particulars:

(a) the full name and address of the employee; (b) a description of position in which the employee was engaged; (c) the dates on which the employee commenced and ceased employment in each of the positions; (d) the address of the workplace at which the employee was so engaged; (e) the classification levels in which the employee has been employed and the duration at each level since the

27 February 1995; and

(f) periods of leave without pay taken during the period of employment with the Employer.

2.6 INTRODUCTION OF CHANGES

2.6.1 Employer's duty to notify

(a) Where an Employer decides to introduce changes in production, program, organisation, structure or

technology, that are likely to have significant effects on Employees, the Employer shall notify the Employees who may be affected by the proposed changes and, where relevant, their Union or Unions.

(b) 'Significant effects' includes termination of employment, major changes in the composition, operation or

size of the Employer's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs:

Provided that where the Schedule makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

2.6.2 Employer's duty to consult over change

(a) The Employer shall consult the Employees affected and, where relevant, their Union or Unions about the

introduction of the changes, the effects the changes are likely to have on Employees (including the number and categories of Employees likely to be dismissed, and the time when, or the period over which, the Employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b) The consultation must occur as soon as practicable after making the decision referred to in clause 2.6.1. (c) For the purpose of such consultation the Employer shall provide in writing to the Employees concerned

and, where relevant, their Union or Unions, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees, and any other matters likely to affect Employees, provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.

2.7 REDUNDANCY

2.7.1 Consultation before terminations

(a) Where an Employer decides that the Employer no longer wishes the job the employee has been doing to

be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the employee directly affected and where relevant, their Union or Unions.

(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision,

which will invoke the provisions of clause 2.7.1(a) and shall cover the reasons for the proposed

114terminations, measures to avoid or minimise the terminations and/or their adverse affects on the Employees concerned.

(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the

Employees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out:

Provided that an Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.

2.7.2 Transfer to lower paid duties

(a) Where an employee is transferred to lower paid duties for reasons set out in clause 2.7.1 the employee

shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 2.5.

(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the

difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the employee for the number of weeks of notice still owing.

(c) The amounts must be worked out on the basis of:

(i) the ordinary working hours to be worked by the employee; and (ii) the amounts payable to the employee for the hours including for example, allowances, loadings

and penalties; and (iii) any other amounts payable under the employee's employment contract.

2.7.3 Transmission of business

(a) Where a business is, whether before or after the date of insertion of this clause in the Schedule.

transmitted from an Employer (transmittor) to another Employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:

(i) the continuity of the employment of the employee shall be deemed not to have been broken by

reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor

shall be deemed to be service of the employee with the transmittee.

(b) In clause 2.7.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

2.7.4 Time off during notice period

(a) Where a decision has been made to terminate an employee in the circumstances outlined in clause

2.7.1(a), the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the

purpose of seeking other employment, the employee shall, at the request of the Employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

2.7.5 Notice to Centrelink Where a decision has been made to terminate Employees in the circumstances outlined in clause 2.7.1, the Employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the Employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out.

1152.7.6 Severance pay

(a) Shall be paid in accordance with clause 12.1 of this Agreement. (b) 'Weeks' Pay' means the ordinary time rate of pay for the employee concerned:

Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments.

2.7.7 Superannuation benefits An Employer may make an application to the Commission for relief from the obligation to make severance payments in circumstances where: (a) the Employer has contributed to a superannuation scheme which provides a particular benefit to an employee in

a redundancy situation; and

(b) the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.

2.7.8 Employee leaving during notice An employee whose employment is terminated for reasons set out in clause 2.7.1(a), may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the Employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 2.7.9 Alternative employment An Employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the Employer obtains acceptable alternative employment for an employee. 2.7.10 Employees with less than one year's service Clause 2.7 shall not apply to Employees with less than one year's continuous service and the general obligation on Employers should be no more than to give relevant Employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the Employees of suitable alternative employment. 2.7.11 Employees exempted Clause 2.7 shall not apply: (a) where employment is terminated as a consequence of misconduct on the part of the employee; or (b) to Employees engaged for a specific period or task(s); or (c) to casual Employees. 2.7.12 Employers exempted

(a) Subject to an order of the Commission, in a particular redundancy case, clause 2.7 shall not apply to an Employer including a company or companies that employ Employees working a total of fewer than 550 hours on average per week, excluding overtime, Monday to Sunday. The 550 hours shall be averaged over the previous 12 months.

(b) A 'company' shall be defined as:

(i) a company and the entities it controls; or (ii) a company and its related company or related companies; or (iii) a company where the company or companies has a common Director or common Directors or a

common shareholder or common shareholders with another company or companies.

116 2.7.13 Exemption where transmission of business

(a) The provisions of clause 2.7.6 are not applicable where a business is before or after the date of the insertion of this clause into the Schedule, transmitted from an Employer (transmittor) to another Employer (transmittee), in any of the following circumstances:

(i) where the employee accepts employment with the transmittee which recognises the period of

continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or

(ii) where the employee rejects an offer of employment with the transmittee:

(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

(b) The Commission may amend clause 2.7.13(a)(ii) if it is satisfied that it would operate unfairly in a

particular case, or in the instance of contrived arrangements.

2.7.14 Incapacity to pay An Employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the Employer's incapacity to pay.

2.8 CONTINUITY OF SERVICE - TRANSFER OF CALLING

2.8.1 A transferred employee is a person who becomes an employee of an Employer (the new Employer) because of

the transfer of a calling to the new Employer from another Employer (the former Employer). 2.8.2 Even if a person is dismissed by the former Employer before the transfer of a calling, the person is taken to

be a transferred employee if—

(a) the person is employed by the new Employer after the transfer; and (b) the employee—

(i) was dismissed by the former Employer within 1 month immediately before the transfer; and (ii) is re-employed by the new Employer within 3 months after the dismissal.

2.8.3 The transfer of the calling is taken not to break the transferred employee’s continuity of service. 2.8.4 A period of service with the former Employer (including service before the commencement of this section) is

taken to be a period of service with the new Employer. 2.8.5 In this section—

dismissed includes stood-down. 2.8.6 Continuity of service—generally

(a) Service with a partnership and an Employer who was, or becomes, a member of the partnership is taken to be continuous service with the same Employer;

(b) An employee’s continuity of service with an Employer is not broken if the employee’s service is

temporarily lent or let on hire by the Employer to another Employer; (c) An employee’s continuity of service with an Employer is not broken by an absence, including through

illness or injury— (i) on paid leave approved by the Employer; or (ii) on unpaid leave approved by the Employer;

(d) An employee’s continuity of service with an Employer is not broken if—

117(i) the employee’s employment is terminated by the Employer or employee because of illness or

injury; and (ii) the Employer re-employs the employee; and (iii) the employee has not been employed in a calling (whether on the employee’s own account or as

an employee) between the termination and the re-employment;

(e) An employee’s continuity of service with an Employer is not broken if— (i) the employee’s employment is terminated by the Employer or employee; and (ii) the Employer re-employs the employee within 3 months after the termination.

(f) An employee’s continuity of service with an Employer is not broken if—

(i) the employee’s employment is interrupted or terminated by the Employer with intent to avoid an obligation under this part, an industrial instrument or employment contract; or

(ii) the employee’s employment is interrupted or terminated by the Employer as a direct or indirect result of an industrial dispute, and the Employer re-employs the employee;

(g) An employee’s continuity of service is not broken if—

(i) the employee’s employment is interrupted or terminated by the Employer because of slackness of trade or business; and

(ii) the Employer re-employs the employee;

(h) Service with a corporation and any of its subsidiaries is taken to be continuous service with the same Employer;

(i) However, a period for which the employee is away from work under subsections (c)(ii), (d), (e), (f)(ii) or

(g) is not service under this part unless— (i) the Act or an industrial instrument provides otherwise; or (ii) the commission directs otherwise.

(j) In this section—

subsidiary has the meaning given by the Corporations Act. Terminate includes stand-down.

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 CLASSIFICATION PROCESS

3.1.1 An Employer shall determine the classification of a position through the following process.

(a) An analysis is to be undertaken to establish the skills and responsibilities required for each identified position and a position description written for each position.

(b) Each position is classified by reference to the classification criteria set out in clause 3.1.2 using the

position description developed in accordance with clause 3.1.1(a). (c) Employees are appointed to a position at the appropriate level within the structure and to a step in the

level according to experience based on years of service as defined in clause 3.3.1. 3.1.2 If at any time an employee or an Employer considers that the skills and responsibilities as required by the

Employer for a position have altered or do not reflect the classification determined, a review of the classification applicable to the position is to be undertaken in accordance with clause 3.1.1 and an appropriate classification determined. However, except in exceptional circumstances such as a change in the skill and/or responsibility required, or a change in the conditions under which the work is performed, no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12-month period.

3.1.3 Where a disagreement arises as to the outcome of a classification review, it will be dealt with under the

grievance procedure contained in this Agreement. At any meeting specified in the Grievance Procedure the person who made the decision about the classification review shall, wherever possible, participate.

3.1.4 Classification criteria

(a) Classification criteria are guidelines to determine the appropriate classification level under this Schedule and consist of characteristics and typical duties and skills.

118(b) The characteristics are the principal guide to classification as they are designed to indicate the level of basic

knowledge, comprehension of issues, problem and procedures required, the level of autonomy, accountability supervision/training involved with the position. The characteristics of a level must be read as a whole to gain an understanding of the position and the performance requirements. Isolated characteristics should not be used to justify the classification of a position.

(c) The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They reflect the competencies of a particular level. They are an indicative guide only and at any particular level Employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill or many of them depending on the particular work allocated to them. Typical duties/skills should not be used as the primary determinant in classifying Employees but may be useful if the characteristics of a level cannot be easily applied in an individual instance.

Some of the Characteristics have been included in the Typical Skills/Duties at each level. Where there is inconsistency between the Characteristics and the Typical Skills/Duties, the Characteristics will prevail over the Typical Skills/Duties.

(d) The key issue to be looked at in properly classifying an employee is the level of initiative, responsibility/accountability, competency and skill that an employee is required to exercise in performing the employee's work within the parameters of the characteristics, read as a whole, of the position.

(e) It should be noted that some typical duties/skills appear at one level only while others appear at more than one

level. Because of this, the classification or reclassification of a position needs to be done by reference to the specific characteristics of the level. As an example, because an employee may be utilising a skill comprehended at a higher level than that to which the employee has been appointed, the employee assumes the level of initiative, accountability/responsibility, skill and competency envisaged by the characteristics of the higher level.

(f) Level 1 in the structure may be applied as a level at which Employees learn and gain competency in the basic

skills required by the Employer. In the event that the increased skills/competency are utilised by the Employer, progression through the structure may be possible.

3.1.5 Classification levels

Subject to the provisions of Schedule 1- Wages all Employees shall be classified into one of the levels contained in Schedule 4.

3.2 INCREMENTAL ADVANCEMENT

3.2.1 Each level of the structure has varying pay steps which provide for yearly service increments within a level.

Such increments are payable subject to satisfactory performance but will not be unreasonably withheld by the Employer without due process.

3.2.2 For the purposes of establishing the entitlement of an employee to a yearly pay increment a year's service shall

constitute 1976 hours of duty. 3.2.3 Progression from one level to a higher level is either by appointment to such higher level as a result of vacancy

at that level or the Employer requiring an employee to perform at a higher level in accordance with the classification criteria set out in clause 3.1.2.

3.2.4 An employee may be appointed to a higher level without having progressed through all paypoints within a lower

level.

3.3 RECOGNITION OF PREVIOUS SERVICE FOR SALARY PURPOSES

3.3.1 Recognition of years of service for salary purposes shall include all previous service as a School Officer within

the non-government education industry at or above the classification level of the position to which the employee is appointed on.

3.3.2 The provision of documentary evidence of previous employment as a School Officer shall be the responsibility

of the employee in accordance with clause 2.5.2.

1193.3.3 Notwithstanding the above other forms of documentary evidence may be accepted at the discretion of the

employing authority. 3.4 Wages 3.4.1 Adults The scale of minimum salaries for Adult Employees under this schedule shall be as found in Schedule 1– Wages. 3.4.2 Juniors The rates of pay for junior Employees at Level 1 only shall be as follows:

Percentage of appropriate adult minimum rate % 15 and under 16 years of age 45 16 and under 17 years of age 50 17 and under 18 years of age 55 18 and under 19 years of age 65 19 and under 20 years of age 75 20 and under 21 years of age 85

JUNIORS APPOINTED TO LEVEL 2 POSITIONS OR ABOVE SHALL BE PAID THE APPROPRIATE RATE FOR THAT LEVEL. 3.5 Payment of salaries

(a) Except where otherwise mutually agreed to between the Employer and the majority of Employees, payment of salaries shall be made fortnightly.

(b) Payments may be made by cash, cheque or direct transfer into the employee's bank account as determined

by the Employer.

3.6 ALLOWANCES

A first aid allowance is payable to School Officers subject to the following conditions: 3.6.1 School Officers who are appointed to positions classified at levels 1, 2 or 3 and are required to be aware of a

student or students with medical conditions and are able and required to participate in the administration of medication or emergency treatment to such student or students on the basis of treatment regimes advised by parents, will receive an allowance at the rate of $10.70 per week.

3.6.2 School Officers who hold a QAS first aid qualification (or equivalent) and are appointed as a first aid officer will

be paid an allowance at the rate of $10.70 per week. 3.6.3 A School Officer will only be entitled to receive one of the allowances prescribed in either 3.6.1 or 3.6.2 but not

both. Such allowance will be absorbable into payments made above the minimums allowed for in this Agreement.

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 The ordinary hours of work for an employee shall not exceed 38 hours per week. 4.1.2 Such ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00 a.m. and 6.00

p.m. on Mondays to Fridays inclusive. 4.1.3 The normal starting and finishing times of ordinary hours shall be established at the point of engagement and

may only be varied by the Employer with 2 weeks' notice, or shorter period by mutual agreement.

1204.2 OVERTIME

4.2.1 Except as provided in clause 4.2.2, all time worked outside of the hours prescribed in clause 4.1.2 and the normal

starting and finishing times shall be paid for at the rate of time and one-half for the first 3 hours and double time thereafter.

4.2.2 Time in lieu

(a) Where the Employer requires an employee to work either before the normal starting times or after the normal finishing times contained in clause 4.1.2 up to a maximum of 2 hours on any one day the employee may be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time or receive payment at the rate of time and one half for the time worked.

(b) Where the Employer requires the employee to work more than 2 hours before the normal starting times or

more than 2 hours beyond the normal finishing times on any one day, the employee may receive payment at the rate of time and a half for the first hour and double time thereafter for time worked beyond the first 2 hours or receive payment in accordance with clause 4.2.1 for the full period so worked.

(c) Any accrued time in lieu not taken within 6 months of its accrual shall be paid at the rate of time and one-half.

4.3 REST PAUSES

4.3.1 Full-time Employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of

each day worked. 4.3.2 Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6

consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.

4.3.3 Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is

necessary. 4.3.4 Notwithstanding the foregoing, where the Employer and the Employees agree the rest pauses may be combined.

4.4 MEAL BREAK

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

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 Entitlements

(a) Full-time, part-time and fixed period Employees, covered by this Schedule shall, at the end of each year of employment, be entitled to annual leave with pay as set out hereunder.

(b) The accrual rate of annual leave for full-time Employees shall be 152 hours per annum (ie. 4 weeks

annual leave per annum on a 38 hour week basis).

(c) Part-time, term-time and fixed period Employees shall at the end of each school year be entitled to annual leave calculated as follows:

Number of weeks worked during the year x 4 weeks x average hours per week

52 calculated on weeks worked

(d) Subject to the provision of clause 5.1.4 annual leave shall be taken by all Employees during school vacation periods unless otherwise agreed between the Employer and employee.

(e) If an employee and Employer so agree, annual leave may be taken wholly or partly in advance before the

employee has become entitled to annual leave.

121

(i) An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment, is not entitled to any further annual leave at the end of that year of employment.

(ii) An employee who has taken in advance part of the annual leave that would be due at the end of a

year of employment, becomes entitled at the end of that year of employment to the part of the annual leave not already taken.

5.1.2 Calculation of annual leave pay

(a) In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments) shall comprise:

(i) The employee's ordinary wage rate as prescribed by the Schedule for the period of the annual

leave; and (ii) A further amount calculated at the rate of 17.5% of the amounts referred to in clause 5.1.2(a)(i).

(b) Clause 5.1.2(a) shall not apply to:

(i) any period or periods of leave exceeding 4 weeks per annum in any other case.

(ii) Employers (and their Employees) who are already paying (or receiving) an annual leave bonus,

loading or other annual leave payment which is not less favourable to Employees. 5.1.3 Termination (Employees other than casuals)

(a) If any employee shall be dismissed by the Employer or voluntarily leave employment after any leave shall have become due, and without such leave having been taken, such employee shall be entitled in lieu thereof to a sum equal to salary computed at the rate of wages which the employee was earning at the date of such dismissal or leaving calculated in accordance with clause 5.1.2.

(b) If the employment of any employee is terminated before the expiration of a full year of employment, such

employee shall be paid, in addition to all other amounts due to the employee, an amount equal to 1/12th of ordinary pay for the period of employment calculated in accordance with clause 5.1.2.

(c) If any such leave shall not have been taken as it falls due from time to time, such leave shall be

cumulative from year to year for a period not exceeding 2 years. 5.1.4 Notification - Every employee shall be given at least 4 weeks' notice by the Employer of the commencement of

annual leave:

Provided that less than 4 weeks' notice of the commencement of annual leave may be given by agreement between the Employer and the employee.

5.2 SICK LEAVE

5.2.1 Entitlement

(a) Every employee, except casuals, is entitled to 10 days' sick leave for each completed year of their employment with their Employer.

(b) This entitlement will accrue at the rate of one day's sick leave after each 5.2 weeks of employment. (c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked

by the employee if the employee were not absent on sick leave. (d) Sick leave may be taken for part of a day. (e) Sick leave shall be cumulative, but unless the Employer and employee otherwise agree, no employee shall

be entitled to receive, and no Employer shall be bound to make, payment for more than 13 weeks' absence from work through illness in any one year.

(f) Part-time Employees accrue sick leave on a proportional basis.

122 5.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising the Employer of the employee's absence due to illness and its expected duration. 5.2.3 Evidence supporting a claim When the employee's absence is for more than 2 days the employee is required to give the Employer a doctor's certificate or other reasonably acceptable evidence about the nature and approximate duration of the illness. 5.2.4 Accumulated sick leave An employee's accumulated sick leave entitlements are preserved when:

(a) The employee is absent from work on unpaid leave granted by the Employer;

(b) The Employer or employee terminates the employee's employment and the employee is re-employed within 3 months; or

(c) The employee's employment is terminated because of illness or injury and the employee is re-employed

by the same Employer without having been employed in the interim. The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the Employer. 5.2.5 Workers' compensation Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave.

5.3 BEREAVEMENT LEAVE

5.3.1 Full-time and part-time Employees Full-time and part-time Employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the Employer. 5.3.2 Long-term casual Employees

(a) A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person's immediate family or household in Australia.

(b) a "long-term casual employee" is a casual employee engaged by a particular Employer, on a regular and

systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 5.3.2.

5.3.3 "Immediate family" includes:

(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b) a child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-

nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 5.3.4 Unpaid leave An employee with the consent of the Employer, may apply for unpaid leave when a member of the employee's immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient.

5.4 LONG SERVICE LEAVE

123All Employees covered by this Schedule are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Industrial Relations Act 1999 (Qld) as amended from time to time.

5.5 PUBLIC HOLIDAYS

5.5.1 An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to

full pay for the time the employee would ordinarily have been required to perform work on that day. 5.5.2 All work done by any employee on:

- the 1st January; - the 26th January; - Good Friday; - Easter Saturday (the day after Good Friday); - Easter Monday; - the 25th April (Anzac Day); - Labour Day; - The Birthday of the Sovereign; - Christmas Day; - Boxing Day; or - any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours.

5.5.3 Double time and a-half For the purposes of clause 5.5, where the rate of wages is a weekly rate, "double time and a-half" means one and one half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 5.5.4 Work done on any other holiday shall not be deemed overtime or be paid for at an increased rate. 5.5.5 Annual show All work done by an employee in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and Employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.

5.6 JURY SERVICE

An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service. Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the Employer and the Employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify their Employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their Employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all

124types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.

PART 6 - TRAINING AND RELATED MATTERS

6.1 TRAINING

6.1.1 The Parties to this Agreement recognise that in order to increase the efficiency and productivity of the enterprise

and also the national and international competitiveness of the industries covered by this Schedule, a greater commitment to training and skill development is required. Accordingly, the Parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;

(b) providing Employees with career opportunities through appropriate training to acquire additional skills;

and

(c) removing barriers to the use of skills acquired.

125

SCHEDULE 18 GROUNDSTAFF EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the Groundstaff Employment Arrangements.

1.2 ARRANGEMENT

Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Schedule Coverage 1.3 Definitions 1.4 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment 2.1 Part-time employment 2.2 Casual employment 2.3 PART 3 - WAGES AND WAGE RELATED MATTERS Classification process 3.1 Wages 3.2 Juniors 3.3 Allowances 3.4 Payment of Wages PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Working of a 38 Hour Week 4.2 Meal break 4.3 Rest pauses 4.4 PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave 5.1 PART 6 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

Use of Own Vehicle 6.1 Protective Clothing 6.2 Sunshades 6.3 Footwear 6.4 Drinking Water 6.5 First Aid 6.6 Change Room 6.7

1.3 SCHEDULE COVERAGE

126This Schedule shall apply to greenkeepers and to all other Employees associated with the preparation and/or maintenance of playing greens and their environs and to all Employers of such Employees throughout the State of Queensland. For the purposes of this Schedule "playing greens" shall be deemed to mean and include bowling greens, golf courses, cricket and/or football grounds, croquet greens, all tennis courts whether lawn or otherwise and any other sports grounds whereat Employees follow the callings covered by this Schedule.

1.4 DEFINITIONS

1.4.1 The "Act" means the Workplace Relations Act 1996 as amended or replaced from time to time. 1.4.2 "Commission" means the Australian Industrial Relations Commission. 1.4.3 "Industrial Organisation" means the Australian Liquor, Hospitality and Miscellaneous Workers Union,

Queensland Branch, Union of Employees.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 CONTRACT OF EMPLOYMENT

2.1.1 Every employee shall be advised in writing at the time of engagement whether they are full-time, part-time or

casual, their rate of pay, classification and working hours. In the case of casual Employees such notification need only be supplied at the initial engagement and when that employee's employment status changes.

2.2 PART-TIME EMPLOYMENT

2.2.1 A part-time employee is an employee who:

is engaged on pre-determined days of the week for a regular number of hours, being at least 12 hours but no more than 32 hours per week; and

is employed within the same spread of ordinary hours as a full-time employee employed in the same section of the establishment as the part-time employee; and

has reasonably predictable hours of work; and receives, on a proportionate basis, equivalent pay and conditions to those of full-time Employees.

2.2.2 Any variation to the work pattern will be in accordance with the methods of altering the ordinary hours of work

for full-time Employees as detailed in clause 6.1, unless otherwise mutually agreed. 2.2.3 The agreed number of ordinary hours per week may only be varied by mutual agreement. Any such agreed

variation to the number of weekly hours of work will be recorded in writing. 2.2.4 An Employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day and no

more than 10 hours on any one day. 2.2.5 All time worked outside the spread of ordinary working hours prescribed in clause 4.1 and all time worked in

excess of the hours as mutually agreed in clauses 2.2.1 and 2.2.3 will be overtime and paid for at the rates prescribed in clause 4.6.

2.2.6 Where a part-time employee would have been rostered to work on a day of the week on which a public holiday

occurs and the employee is not required to work on the holiday, then the employee shall be paid for the ordinary hours the employee would have worked on that day had it not been a public holiday.

2.2.7 Where an employee and the Employer agree in writing, part-time employment may be converted to full-time, and

vice versa on a permanent basis or for a specified period of time. If such an employee transfers from full-time to part-time (or vice-versa) all accrued entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

2.2.8 All other provisions of this Schedule relevant to full-time Employees shall apply to part-time Employees.

2.3 CASUAL EMPLOYMENT

2.3.1 A casual employee is an employee engaged as such under clause 2.1.1 who is employed by the hour and who

works less than 38 ordinary hours per week.

127 2.3.2 Employees engaged on a casual basis shall be paid 23% per hour in addition to the appropriate rate prescribed in

clause 3.2 for the class of work which they are performing. 2.3.3 The minimum period of engagement of a casual employee is 2 hours.

2.4 TRAINEES

Trainees may be engaged under this Schedule in accordance with the Order for Apprentices' and Trainees' Wages and Conditions (Excluding Certain Queensland Government Entities) 162 QGIG 414.

2.5 MIXED FUNCTIONS

An employee who is required to perform work on any day for which a higher rate of pay is prescribed in clause 3.2 shall be paid as follows:

If more than 4 hours on any day the higher rate for the whole of such day. If 4 hours or less then payment of the higher rate for 4 hours.

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 CLASSIFICATIONS

3.1.1 Greenkeeping Employee - Level 1 is an employee who is engaged to assist in a range of general duties

applicable to the maintenance and development of turf areas and surrounds. An employee will remain at this level for a maximum of 6 months.

(a) Duties

An employee at this level: performs routine duties essentially of a manual nature and to the level of their training. works under direct supervision. exercises minimal judgement.

(b) Indicative tasks and/or qualifications assists in the general maintenance and development of turf areas and surrounds. labouring and operation of some machinery.

3.1.2 Greenkeeping Employee - Level 2 is an employee who has completed structured training so as to enable the

employee to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of a Greenkeeping Employee - Level 1 and to the level of their training.

(a) Duties � works under direct supervision either individually or in a team environment. � understands and undertakes basic quality control/assurance procedures. � understands and utilises basic statistical process control procedures.

(b) Indicative tasks and/or qualifications

operates and/or maintains machinery. at a Golf Club - mark hazards, operates motorised bunker rake/slashers, etc. at a Sports Club - set out and mark fields for play. planting and maintaining trees and gardens. maintains simple records. assists in the maintenance of playing surfaces, including setting up of greens, top dressing, fertilising under

supervision, seeding, turfing, coring and sprigging. 3.1.3 Greenkeeping Employee - Level 3 is an employee who is engaged to assist and carry out, with or without

direction, duties pertaining to the maintenance and development of turf areas and surrounds, and performs work above and beyond the skills of a Greenkeeping Employee - Level 2 and to the level of their training.

(a) Duties

128 is responsible for the quality of their own work subject to routine supervision. works under routine supervision either individually or in a team environment. exercises discretion within their level of skills and training.

(b) Indicative tasks and/or qualifications

� assists in the training and/or supervision of Employees at Levels 1 and 2. � major non-trade maintenance of equipment. � assists in chemical and other spraying, where required to hold an appropriate license. � completes basic records. � assists in the construction and installation of facilities and systems. � operates a specialised range of machinery e.g. greens, mowers, fairway units.

3.1.4 Greenkeeping Employee - Level 4 (Tradesperson) is an employee who has satisfactorily attained the appropriate

level of training at trade or equivalent level.

(a) Duties understands and applies quality control techniques. exercises good interpersonal and communications skills. performs work without supervision either individually, or in a team environment. performs non-trade work incidental to their work.

(b) Indicative tasks and/or qualifications

operates and/or maintains a wide range of turf machinery and equipment. training and supervision of Employees at Levels 1, 2 and 3, and including apprentices. construction of surfaces, gardens. installation and maintenance of irrigation and drainage systems. control and maintenance of stores and facilities. stock control, record keeping. plans the work programme in consultation with management. trades maintenance of equipment.

3.1.5 Greenkeeping Employee - Level 5 is an employee who has satisfactorily attained the appropriate level of training

at the trade or equivalent level and who carries out and/or manages greenkeeping aspects pertaining to the general maintenance and development of turf areas and surrounds.

(a) Duties

�nderstands and applies quality control techniques. exercises good interpersonal and communications skills. capable of performing work without supervision, either individually or in a team environment. (b) Indicative tasks and/or qualifications

supervision and training of subordinate staff, including tradespersons. presentation of written and/or verbal reports, general liaison with management. activities requiring application of specialist skills.

3.1.6 Greenkeeping Employee - Level 6 is an employee who is responsible for the total management of a turf area and

surrounds, but does not include Employees who have the right to engage and/or terminate the services of other Employees. (a) Duties

exercises discretion within the scope of this level understands and implements quality control measures. provides trade guidance and assistance. (b) Indicative tasks and/or qualifications

129 preparation of budgets and financial reports. planning for the overall development of the facility in consultation with management. supervision and co-ordination of large numbers of subordinate staff, including development of staffing and

training plans, staff counselling and assisting management in the selection of personnel.

3.2 WAGES

3.2.1 The minimum rates of wages payable under this Schedule are as follows and reflected in Schedule 2 –

Toowoomba Grammar School – Salary/Wage Schedule of this Agreement: Classification and Relativity Greenkeeping Employee - Level 1 (First 3 Months) (78.0%) Greenkeeping Employee - Level 1 (Thereafter) (82.0%) Greenkeeping Employee - Level 2 (86.5%) Greenkeeping Employee - Level 3 (92.0%) Greenkeeping Employee - Level 4 (100.0%) Greenkeeping Employee - Level 5 (105.0%) Greenkeeping Employee - Level 6 (110.0%)

3.3 JUNIORS

Percentage Of Minimum Adult Rate Under 16 years of age 55% Under 17 years of age 65% Under 18 years of age 75% 18 Years & thereafter 100%

Proportion of Juniors - One junior may be employed for every 3 adults employed, provided always that nothing in

clause 3.3 shall prevent a club from employing one junior where there is one adult employed.

3.4 ALLOWANCES

3.4.1 Work in the rain

When an employee is required to work in the rain and by so doing gets their clothes wet, such employee shall be paid double rates for all work so performed. Such payment shall continue until such time as the employee finishes work or is able to change into dry clothing. Clause 3.4.1 does not apply where the employee has been supplied with adequate rainproof clothing as prescribed in clause 6.2.1. 3.4.2 Distributing fertilizer or spraying Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be supplied with gloves, overalls, goggles and a double respirator at the Employer's expense or, by mutual agreement, be paid an allowance of $1.54 per week in lieu thereof.

3.5 PAYMENT OF WAGES

3.5.1 Wages, at the option of the Employer, are to be paid either in cash, by direct deposit or by electronic funds

transfer into a financial institution nominated by the employee on the same day every week, or fortnightly by agreement between the Employer and an Industrial Organisation.

Except where otherwise mutually agreed between the Employer and the employee, wages shall not be paid on Fridays, Saturdays or Sundays. Not more than 2 days pay may be held by the Employer.

3.5.2 If paid in cash, wages shall be paid at a specified time during working hours and any employee who is not paid

within 5 minutes of the time specified shall be deemed to be working during the time such employee is kept waiting.

130

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 The ordinary hours of work shall be an average of 38 per week to be worked in one of the following ways:

(a) 38 hours within a work cycle not exceeding 7 consecutive days; or (b) 76 hours within a work cycle not exceeding 14 consecutive days; or (c) 114 hours within a work cycle not exceeding 21 consecutive days; or (d) 152 hours within a work cycle not exceeding 28 consecutive days; or

4.1.2 The ordinary hours of work prescribed may be worked on up to any 5 consecutive days in the week, Monday to

Sunday inclusive between 5.30am and 6.00pm, subject to the following:

(a) Any arrangement of hours which includes a Sunday as ordinary hours shall be subject to agreement between the Employer and the majority of Employees directly involved.

(b) In any arrangement of hours which includes a Sunday as ordinary hours, the Secretary of an Industrial Organisation shall be notified within 14 days of commencement of work under such arrangement.

(c) Ordinary hours worked on a Sunday shall be paid at double time. (d) Hours arrangements other than those prescribed by clause 4.1 may be worked where a written agreement has

been entered into between the relevant Employer body and the Secretary of an Industrial Organisation. 4.1.3 Except as hereinafter prescribed, all Employees shall be entitled to 2 consecutive days off each week which shall

comprise any period of 48 consecutive hours:

Provided that the days off need not be consecutive where the Employer and employee agree otherwise. 4.1.4 Ordinary working hours of Employees are to be worked in accordance with a roster. A copy of the roster shall be

exhibited in a conspicuous place easily accessible to all Employees. Rostered starting times shall not be altered, except in agreed emergencies, without 7 days' prior notice. Except in the case of emergencies where such notice has not been given, all hours worked outside of the roster, until clause 4.1.4 has been complied with, shall be deemed overtime and paid accordingly:

Provided that a roster may be altered at any time by mutual consent.

4.1.5 The ordinary hours of work prescribed herein shall not exceed 10 on any day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the Employer and the majority of Employees directly involved.

4.2 WORKING OF A 38 HOUR WEEK

4.2.1 The 38 hour week shall be worked in one of the following ways, most suitable to the particular enterprise, after

consultation with, and giving reasonable consideration to the wishes of, the Employees directly involved:

(a) by Employees working less than 8 ordinary hours each day; or (b) by Employees working less than 8 ordinary hours on one or more days each work cycle; or (c) by fixing one or more work days on which all Employees will be rostered off during a particular work

cycle; or (d) by rostering Employees off on various days of the week during a particular work cycle, so that each

employee has one work day off during that cycle. 4.2.2 Subject to clause 4.1.5 Employees may agree that the ordinary hours of work are to exceed 8 on any day, thus

enabling more than one work day to be taken off during a particular work cycle. 4.2.3 Where the arrangements of ordinary hours of work provides for a rostered day off, the Employer and the

majority of Employees directly involved may agree to accrue up to a maximum of 10 rostered days off. Where such agreement has been reached, each accrued rostered day off shall be taken within 12 calendar months from the date on which that rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

4.2.4 Different methods of implementation of the 38 hour week may apply to individual Employees, groups or sections

of Employees in the enterprise concerned.

131

4.3 MEAL BREAK

4.3.1 When an employee is employed for at least 6 hours, such employee shall be entitled to a meal break of not less

than 30 minutes or more than 60 minutes, to be agreed upon between the Employer and the majority of Employees and to be taken between the 4th and 6th hours.

If the meal period is worked, it shall be deemed to be overtime and paid for the rate of double time with such double time payment to continue until such time as the employee finishes work or is allowed a 30 minute meal break, for which no deduction of pay shall be made.

4.3.2 Employees who are required to continue working for more than one and a-half hours beyond their ordinary

finishing time shall be entitled to take a 30 minute paid meal break and shall be provided with an adequate meal by the Employer or paid an allowance of $9.60 in lieu thereof:

Provided that where an employee has provided a meal because of receipt of notice to work overtime and such overtime is not worked such employee shall be paid $9.60 for any meal so provided.

4.4 REST PAUSE

4.4.1 Full-time and part-time Employees

Full-time and part-time Employees shall receive one rest pause of 20 minutes which shall be taken at such a time as to divide the working day into three approximately equal periods of work.

4.4.2 Casual Employees

Casual Employees who work a minimum of 4 consecutive ordinary hours but less than 8 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work a minimum of 8 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.

4.4.3 The rest pauses prescribed in clauses 4.4.1 and 4.4.2 shall be taken in the Employer's time. 4.4.4 Rest pauses shall be taken at times to suit the convenience of the Employer and so as not to interfere with the

continuity of work where continuity is necessary.

4.5 OVERTIME

4.5.1 All time worked in excess of 8 hours in any one day or in excess of 38 hours in any one week or outside the

spread of ordinary working hours fixed in accordance with clause 4.5.1 shall be deemed to be overtime: Provided that where daily hours, that exceed 8 in one day, have been agreed to in accordance with clause 4.1.5, overtime will only apply when the agreed hours are exceeded. In every case overtime rates will apply after 10 hours on any day.

4.5.2 Overtime worked on a Monday to a Saturday shall be paid for at the rate of time and a-half for the first 3 hours on any one day and at the rate of double time thereafter.

All overtime worked on Sundays shall be paid for at the rate of double time.

4.5.3 All overtime worked on a Saturday or on a Sunday shall be subject to a minimum payment as for 2 hours work

upon each occasion that an employee is required to attend for duty.

Such minimum payment shall not be applicable where overtime is worked continuously with ordinary working hours on a Saturday.

4.5.4 Where an employee is recalled from home to work overtime, the employee shall be paid for such time so worked

at the rate of double time, with a minimum payment as for 3 hours' work in respect of each such recall. 4.5.5 In the compilation of overtime payments, any part of a-half of an hour that is worked on any one day shall be

paid for as a full half of an hour. 4.5.6 Time off in lieu of overtime

132(a) Where there is written agreement between the employee and the Employer, paid time off may be taken in

lieu of overtime. Such time off shall be at the equivalent of the number of hours of ordinary pay that the employee would have received for such overtime.

(b) Accumulated time off in lieu shall be taken at a time mutually agreed between the employee and the Employer within 12 months of such accumulation. Time off in lieu of overtime may be banked to a maximum of 38 hours at any one time.

(c) Where there is written agreement between an Industrial Organisation and the Employer such time may be banked in excess of 12 months or 38 hours.

(d) Any accrued time off in lieu that is outstanding after 12 months (where there is not written agreement between the Industrial Organisation and the Employer) or at the time of termination of employment, for any reason, by either party, shall be paid out at the employee's ordinary time rate of pay.

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 Every employee (other than a casual employee) shall at the end of each year of their employment be entitled to

not less than 4 weeks' annual leave on full pay. 5.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual

leave and (subject to clause 5.1.6) shall be paid for by the Employer in advance:

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary rate payable under clause 3.2, at that excess rate; and

(b) In every other case, at the ordinary time rate of pay payable under clause 3.2 to the employee concerned immediately prior to that leave.

5.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the Employer

shall be deemed to have given the leave to the employee from the date of the termination of the employment and shall immediately pay to the employee, in addition to all other amounts due to them, their pay, calculated in accordance with clause 5.1.6, for 4 weeks and also their ordinary time rate of pay for any public holiday occurring during such period of 4 weeks.

5.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such

employee shall be paid, in addition to all other amounts due, an amount equal to 1/12th of their pay for the period of their employment, calculated in accordance with clause 5.1.6.

5.1.5 Unless the employee shall otherwise agree, the Employer shall give the employee at least 14 days' notice of the

date from which such employee's annual leave shall be taken. 5.1.6 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Subject to clause 5.1.6(b), in no case shall the payment by an Employer to an employee be less than the sum

of the following amounts: (i) the employee's ordinary wage rate as prescribed in clause 3.2 for the period of the annual leave

(excluding weekend penalty rates); and (ii) a further amount calculated at the rate of 17 1/2% of the amount referred to in clause 5.1.6(a)(i).

(b) Clause 5.1.6(a) does not apply to any period or periods of annual leave exceeding:

(i) 4 weeks; and (ii) Employers who are already paying an annual leave bonus, loading or other annual leave payment

which is not less favourable to Employees.

PART 6- OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

6.1 USE OF OWN VEHICLE

133Where an employee is required to use their own motor vehicle on their Employer's business, the employee shall be paid such allowance as shall properly compensate for the use of such vehicle as may be mutually agreed upon between the Employer and the employee.

6.2 PROTECTIVE CLOTHING

6.2.1 For the purposes of clause 3.4.1 - Work in the rain, adequate rainproof clothing shall mean oilskins, gum boots

and sou-wester. 6.2.2 Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be

supplied with gloves, overalls, goggles and a double respirator at the Employer's expense or, by mutual agreement, be paid the allowance prescribed in clause 3.4.2.

Upon request, all Employees shall be supplied with one pair of gum boots free of cost.

6.2.3 Employees required to drive tractors or operate other machinery producing similar levels of noise shall, upon

request, be supplied, at the Employer's expense, with ear muffs or other suitable protective gear mutually agreed upon.

6.3 SUNSHADES

The Employer shall provide a canopy to protect Employees from the sun whenever Employees are engaged upon driving tractors drawing gang-mowers.

6.4 FOOTWEAR

Where a special type of footwear is required, an employee shall, after 3 months' service with their Employer, be provided with such footwear. Such employee shall be entitled to the issue of no less than 2 pairs of footwear per year, other than sandshoes, and such footwear shall remain the property of the Employer.

6.5 DRINKING WATER

The Employer shall ensure that wherever practicable cool drinking water is readily available to Employees.

6.6 FIRST AID

A first aid cabinet shall be available for Employees in case of accident. Such first aid cabinet shall be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995 and Regulations relating to such first aid cabinets.

6.7 CHANGING ROOMS

A suitable changing room shall be provided by the Employer. Such changing room shall be kept free of working materials.

134

SCHEDULE 19 MISCELLANEOUS WORKERS’ EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the Miscellaneous Workers' Employment Conditions.

1.2 ARRANGEMENT

Subject Matter Clause No. Part 1 - Application and Operation Title 1.1 Arrangement 1.2 Schedule coverage 1.3 Definitions 1.4 Part 2 - Flexibility Majority clause 2.1 Part 3 - Employer and Employees' Duties, Employment Relationship and Related Arrangements Employment categories 3.1 Full-time employment 3.2 Part-time employment 3.3 Casual employment 3.4 Mixed functions 3.5 Incidental or peripheral tasks 3.6 Part 4 - Wages and wage Related Matters Definition of classifications 4.1 Allowances 4.2 Payment of wages 4.3 Part 5 - Hours of Work, Breaks, Overtime, Shift work, Weekend Work Hours of work 5.1 Roster posting 5.2 Meal breaks 5.3 Rest pauses 5.4 Overtime 5.5 Fatigue breaks 5.6 Shift work 5.7 Weekend work 5.8 Part 6 - Leave of Absence and Public Holidays Annual leave 6.1 Part 7 - Transfers, Travelling and Working Away from Usual Place of Work Court attendance 7.1 Part 8 - Training and Related Matters Commitment to training 8.1 Part 9 - Occupational Health and Safety Matters, Equipment, Tools and Amenities

135Subject Matter Clause No. Cleaning materials and dressing rooms 9.1 Night workers 9.2 Uniforms 9.3 Toilet cleaning 9.4 Caretaker's Quarters 9.5 Work in the rain 9.6

1.4 SCHEDULE COVERAGE

1.4.1 This Schedule applies to all the classes of Employees at the School mentioned in this Schedule but does not

apply to junior messengers. 1.5 Definitions Subject to clause 4.1 the following definitions have application for the purposes of this Agreement. 1.5.1 The "Act" means the Workplace Relations Act 1999 as amended or replaced from time to time. 1.5.2 "Bill Poster" means an employee engaged to install and/or post advertising material. 1.5.3 "Broken Shift" means a shift which is broken into two or more periods (excluding rest pauses and meal breaks)

where the unpaid break in between such periods is greater than one hour:

Provided that a Broken Shift only applies to Cleaners. 1.5.4 "Caretaker" means an employee whose presence is required on Premises for the protection (including the

closing and locking and unlocking and opening) or convenient use thereof, and who may also have other duties in respect to the Premises's cleanliness or upkeep:

Provided that any employee required by the Employer to sleep on the Employer's Premises for the purpose of providing protection for the Premises or for the carrying out of other caretaking duties will be deemed to be a Caretaker for the purposes of this Schedule.

1.5.5 "Caretaker's Quarters" in existing Premises means not less than 2 rooms, with an aggregate floor space of not

less than 21 square metres, but in the case of Premises which may be erected, altered or renovated after 7 April 1997, the term means not less than 3 rooms - two rooms each with not less than 13 square metres of floor space, and one room with 9 square metres of floor space, the ceiling heights for such rooms to be in accordance with the appropriate Local Government building regulations.

Caretaker's Quarters in all cases must be reasonably suitable for human habitation both in themselves and in

their immediate surroundings. 1.5.6 "Cleaner" means a person employed for the greater part of their working time in cleaning work of any

description on any Premises or in bringing into or maintaining Premises in a clean condition, whatever may be the nature of their other duties.

1.5.7 "Commission" means the Australian Industrial Relations Commission. 1.5.8 "Day Worker" means an employee whose ordinary hours fall within the spread of hours prescribed in clause

5.1.1. 1.5.9 "Gatekeeper" means an employee who is mainly employed at the gate attending to the entry and exit of persons,

vehicles and/or goods of any description. 1.5.10 "Lift Attendant" means an employee engaged for the purpose of being in charge of an elevator in accordance

with the appropriate legislation. The duties of a Lift Attendant may also include providing advice or information to visitors or customers regarding the location of various areas within a building.

1.5.11 "Premises" means all classes of buildings and their environs whether enclosed or not enclosed, and includes -

buildings in the course of construction or demolition, construction works, showgrounds, sportsgrounds,

136racecourses, mines, tramways, and any other place where the service of Employees subject to this Agreement may be required.

1.5.12 "Shift Worker" means an employee whose ordinary hours of duty fall outside the spread of hours prescribed in

clause 5.1.1. 1.5.13 "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch,

Union of Employees. 1.5.14 "Watchperson" means a person employed to safeguard Premises, or property on or about Premises, and who

may be required to perform related functions for the purpose of effecting such safeguarding. 1.5.15 "Week" means a period of 7 days, but the ordinary working hours must be comprised within 5 days. PART 2 - FLEXIBILITY

2.1 MAJORITY CLAUSE

2.1.1 The provisions of clause 2.1 will apply by agreement between the Employer and an individual employee or the

majority of Employees concerned and who are engaged under this Schedule. The decision of a majority of Employees is binding on all Employees bound by this Schedule from time to time.

2.1.2 Where an employee or Employees bound by this Schedule is/are engaged upon work which is incidental or

peripheral to the main business of the Employer, and the majority of Employees employed by the Employer are covered by an award made or approved by the Queensland Industrial Relations Commission or the Australian Industrial Relations Commission, then any one or more of the corresponding provisions of that award will, to the extent agreed and without variation, apply to the Employer's Employees covered by this Schedule in lieu of one or more of the following clauses of this Schedule:

- clause 3.3 Part-time employment; - clause 5.1 Hours of work; and - clause 5.3 Meal breaks

The agreement may apply to the whole or a nominated severable part of the last mentioned clauses and to the whole or a nominated severable part of corresponding provisions of another award of Queensland or the Commonwealth.

2.1.3 (a) Any agreement made pursuant to clauses 2.1.1 and 2.1.2, shall be in writing and shall particularise the

provisions to be applied. It shall be signed by the Employer and the employee/s concerned or a representative of the Employees if more than one are involved.

(b) The intent of any such agreement, when considered as a whole, should be to improve productivity and

efficiency in the particular workplace where multi-award coverage is a problem and not to disadvantage Employees.

(c) A copy of such agreement shall be retained by the Employer and the employee/s or representative of the

Employees and a further copy shall be exhibited as if it was a Schedule to this Agreement. (d) Without in any way limiting what may be contained in an agreement, clause 2.1 authorises the making of an

agreement for a fixed period of time, the duration of a specific task or an indefinite period of time:

Provided always that an agreement for an indefinite period of time may be terminated by either the Employer, the employee or a majority of the existing Employees concerned, by the giving of not less than 28 days' written notice to the other party to the agreement of intention to terminate the agreement.

(e) By mutual agreement of both Parties any agreement, including one for a fixed period of time, may be

terminated at any time upon such notice and such terms, if any, as may be mutually agreed. (f) Termination in accordance with clause 2.1.3(d) may be effected without any reason being given and will be

effective upon expiration of the notice period. 2.1.4 Upon an agreement being made pursuant to clause 2.1 any provision of another award of Queensland or the

Commonwealth which is by such agreement applied to Employees covered by this Schedule, shall be deemed to be a provision of this Schedule and shall be binding upon and enforceable in all respects against the Employer and employee or Employees concerned as it if was a provision of this Schedule.

137 2.1.5 Any obligation or liability incurred during the currency of an agreement made pursuant to clause 2.1 continues

to be enforceable to the same extent as other provisions of this Schedule, regardless of the expiry or termination of the agreement.

2.1.6 Clause 2.1 is to be read and applied subject to, and so as not to exceed any limitations, powers or requirements

imposed upon the Commission by the Workplace Relations Act 1996 and the Anti-Discrimination Act 1991.

PART 3 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

3.1 EMPLOYMENT CATEGORIES

3.1.1 Employees covered by this Schedule shall be advised in writing of their employment category upon

appointment. Employment categories are:

(a) Full-time; (b) Part-time (as prescribed in clause 3.3); and

(c) Casual (as prescribed in clause 3.4).

3.2 FULL-TIME EMPLOYMENT

Employees other than casual or part-time Employees are deemed to be full-time Employees and are entitled to all of the benefits provided by this Schedule.

3.3 PART-TIME EMPLOYMENT

3.3.1 An Employer may employ part-time Employees in any classification in this Schedule. 3.3.2 A part-time employee is an employee who:

(a) is employed for a minimum of 7.6 hours per week and for a maximum of 32 ordinary hours per week; and

(b) works on no more than 5 days of the week, being Monday to Sunday; and

(c) has reasonably predictable hours of work; and

(d) receives, on a proportionate basis, equivalent pay and conditions to those of full-time Employees who do the same kind of work.

3.3.3 At the time of engagement, the Employer and the employee are to agree in writing on the number of ordinary

hours per week and the normal rostering arrangements. 3.3.4 The agreed number of ordinary hours per week may only be varied by mutual agreement. Any such agreed

variation to the number of weekly hours of work will be recorded in writing. 3.3.5 Any variation to the work pattern will be in accordance with methods of altering the ordinary hours of work for

full-time Employees as detailed in Part 5 of this Schedule, unless otherwise mutually agreed. 3.3.6 An Employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or

shift. 3.3.7 All time worked in excess of the rostered hours as mutually arranged in accordance with clauses 3.3.3 and 3.3.4

will be overtime and paid for at the rates prescribed in clause 5.5. 3.3.8 A part-time employee must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed

in Appendix A, of this Agreement for the class of work performed. 3.3.9 Where a public holiday falls on a day upon which a part-time employee is normally engaged, that employee

shall be paid their ordinary time rate of pay for the number of hours normally worked on that day.

138 3.3.10 Where an employee and their Employer agree in writing, part-time employment may be converted to full-time,

and vice-versa, on a permanent basis or for a specified period of time. If an employee transfers from full-time to part-time (or vice-versa) all accrued award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

3.3.11 All other provisions of this Schedule relevant to full-time Employees shall apply to part-time Employees.

3.4 CASUAL EMPLOYMENT

3.4.1 A casual employee is an employee engaged as such under clause 3.1.1 who is employed for less than 32 hours

in any one week under this Schedule:

Provided that a casual employee does not include an employee as described in clause 3.3. 3.4.2 Except where otherwise expressly provided, a casual employee must be engaged for a minimum period of 2

hours work or receive a minimum payment of 2 hours per engagement. 3.4.3 A casual employee must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in

Appendix A, , of this Agreement for the class of work performed plus a loading of 23%. 3.4.4 Subject to clause 3.4.2 a casual employee may leave the Employer's service or be discharged without notice. 3.4.5 A casual Watchperson is entitled to a minimum of 4 hours for each engagement where the engagement does not

exceed 4 hours, or to a minimum of 8 hours for engagements exceeding 4 hours. Subject to clause 5.1 all time worked in excess of 8 hours on any one day will be paid for at overtime rates. For the purposes of this provision each day's work constitutes a separate engagement. In this context "day" means each period of 24 hours from the commencement of the job.

3.4.6 The minimum period of engagement for a casual Gatekeeper will be not less than 8 hours.

4.5 MIXED FUNCTIONS

An employee who is required to perform work on any day for which a higher rate of pay is prescribed in Schedule 1 of this Agreement shall be paid as follows:

(a) If more than 4 hours on any day the higher rate for the whole of such day.

(b) If 4 hour or less then payment of the higher rate for 4 hours.

3.6 INCIDENTAL OR PERIPHERAL TASKS

3.6.1 An Employer may direct an employee to carry out such duties as are reasonably within the limits of the

employee's skill, competence and training. 3.6.2 An Employer may direct an employee to carry out such duties and use such tools and equipment as may be

required provided that the employee has been properly trained in the use of such tools and equipment. 3.6.3 Any direction issued by an Employer pursuant to clauses 3.6.1 and 3.6.2 shall be consistent with the Employer's

responsibilities to provide a safe and healthy working environment.

PART 4 - WAGES AND WAGE RELATED MATTERS

4.1 DEFINITION OF CLASSIFICATIONS

Employees covered by this Agreement are to be classified into one of the following classification and wage levels and remunerated accordingly. 4.1.1 Level 1: (Relativity to Trade Equivalent:- 82.0%)

(a) "Level 1 Employee" is an employee who is undertaking induction training to a maximum of 3 months which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures,

139occupational health and safety, equal employment opportunity and quality assurance and who is being assessed on their ability to undertake duties to a higher level. An employee at this level performs routine duties to the level of their training and:

- exercises minimal judgement;

- works under direct supervision; or

- is undertaking training so as to enable the employee to perform work at Level 2.

4.1.2 Level 2: (Relativity to Trade Equivalent:- 87.4%)

(a) "Security Officer - Grade 1" is an employee who performs work to the level of their training.

Indicative of the tasks which an employee at this level may perform are the following:

(i) Watch, guard or protect persons and/or Premises and/or property. (ii) Be stationed at an entrance and/or exit and whose principal duties include the control of movement of

persons, vehicles, goods and/or property coming out of or going into Premises or property, including vehicles carrying goods of any description, to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document and includes an area or door attendant or commissionaire in a commercial building.

(iii) Respond to basic fire/security alarms at the designated post. (iv) In performing the duties referred to above, the security officer may be required to use electronic

equipment such as hand-held scanners, walk-through detectors and simple closed circuit television systems utilising basic keyboard skills.

Any employee required by the Employer to sleep on the Employer's Premises for the purpose of providing protection to the Premises or for the carrying out of other caretaker's duties will be deemed to be a Caretaker for the purposes of this Agreement.

(b) Bill Poster. (c) Caretaker. (d) Cleaner. (e) Lift Attendant. (f) Watchperson.

4.1.3 Level 3: (Relativity to Trade Equivalent:- 92.4%)

(a) "Security Officer - Grade 2" is an employee who performs work above and beyond the skills of a Security Officer - Grade 1 to the level of their training.

Indicative of the tasks which an employee at this level may perform are the following:

(i) Securing, watching, guarding and/or protecting as directed, including responding to and attending to

alarm signals, and required to patrol in a vehicle two or more separate establishments or sites. (ii) Monitoring and responding to electronic intrusion, detection or access control equipment terminating at

a visual display unit and/or computerised printout (except for simple closed circuit television systems). (iii) Operating a public weighbridge by a security officer appropriately licensed to do so. (iv) Monitoring and operating integrated intelligent building management and security systems, terminating

at a visual display unit or computerised print out, which requires data input from the security officer.

(b) "Building Service Employee - Grade 1" is an employee performing the duties of a Cleaner, who in addition is engaged for the greater part of each day or shift on any of the following tasks, or a combination of such tasks:

140(i) Ordering supplies and receiving deliveries and/or being given the responsibility for the distribution and

maintenance of toilet and other requisites and cleaning materials in buildings or establishments and/or an employee performing customer or public relations or other duties as required.

(ii) Carpet cleaning - operating equipment used in any or all of the following methods - powder systems or

liquid shampoo systems or hot water injection and extraction systems (commonly called "steam cleaning").

(iii) Cleaning windows on the exterior of multi-storied buildings from swinging scaffolds, bosun's chairs,

hydraulic bucket trucks or similar devices. (iv) Operating "Ride-On" powered sweeping machines. (v) Operating steam cleaning and pressure washing equipment on the exterior of buildings.

4.1.4 Level 4: (Relativity to Trade Equivalent:- 100.0%)

(a) "Security Officer - Grade 3" is an employee who performs work above and beyond the skills of a Security Officer - Grade 2, to the level of their training, and co-ordinates the work of security officers working in a team environment.

Indicative of the tasks which an employee at this level may be required to perform are the following:

(i) Monitoring, recording, inputting information or reacting to signals and instruments related to electronic

surveillance of any kind within a central station. (ii) Keyboard operation to alter the parameters within an integrated intelligent building management and/or

security system. (iii) Co-ordinating, monitoring or recording of the activities of security officers utilising a verbal

communications system within a central station. (iv) May be required to perform the duties of security officers.

(b) "Building Service Employee - Grade 2" is an employee who is entrusted with the supervision of cleaning as a

principal responsibility and/or who may be required to generally superintend and maintain a building or buildings and/or building equipment and who may also perform the duties of a Cleaner or Building Service Employee - Grade 1 as required.

4.2 ALLOWANCES

4.2.1 Leading hand A Leading Hand who has been appointed as such is to be paid the following amounts in addition to the wage rates prescribed in Appendix A, Rates of Pay, of this Agreement Per Week $ In charge of up to 15 Employees 14.40 In charge of more than 15 Employees 21.20 These allowances are payable for all purposes of this Schedule. 4.2.2 Non-rotation of shifts Where an Employer refuses to allow rotation of shifts, Employees on night shifts will be paid 13.6c per hour in addition to their ordinary wage rates. 4.2.3 Outside work A Cleaner or Caretaker working outside a building will be paid 4.15c per hour extra while so employed. 4.2.4 Toilet cleaning

(a) Employees required to clean toilets connected with septic tanks or sewerage are to be paid an allowance of $6.40 per week in addition to their ordinary wage rates.

141 (b) Employees required to clean earth closets or urinals, other than merely by hosing them, are to be paid 36c per

closet per service, or 36c for each 3 (or fraction of 3) urinals, in addition to their ordinary wage rates. Neither of these payments will apply where the allowance in clause 4.2.4 (a) applies.

4.2.5 Washing dusters and towels Employees who are called upon outside their ordinary working hours to wash dusters will be paid 20c each and for washing towels or larger articles, 30c each. 4.2.6 Watchperson A Watchperson who is required by the Employer to perform duties totally unrelated to the function of watching, safeguarding or protecting Premises and/or property is to be paid an additional payment of $3.50 per week when required to perform such duties: Provided that duties of a simple clerical or recording nature and/or duties normally performed by a Gatekeeper will be regarded as duties related to the function of a Watchperson for the purposes of clause 4.2.6. 4.2.7 Window cleaning

(a) Any employee who is required to clean windows when it is necessary to go wholly outside the window or climb around an outside column to do such cleaning will, if such cleaning or climbing is at a height of more than 3 metres from the ground or verandah, be paid 36c extra for each such window unless the outside window or column ledge is more than 50 centimetres wide:

Provided clause 4.2.7(a) does not apply to cleaning from a ladder resting on the ground.

(b) Where cleaning is done from a ladder, and any portion of the window to be cleaned exceeds in height 7.5

metres from the ground, the employee is to be paid 36c per window extra for each window so cleaned:

Provided that clause 4.2..7(b) does not apply when an efficient safety device is provided.

4.3 PAYMENT OF WAGES

4.3.1 Wages are to be paid at least weekly by either cash, cheque or electronic funds transfer at the discretion of the

Employer. Wages will be paid on the same day every week but will not be paid on Saturday or Sundays. The weekly pay day may be altered after a period of 3 calendar months provided that Employees are given at least 14 days' notice of such change.

4.3.2 Not more than 2 days' pay may be held by the Employer. 4.3.3 Where payment is made by cash or cheque, wages will be paid in the Employer's time and any employee who is

not paid within 15 minutes from the time specified is to be deemed to be working during the time the employee is kept waiting.

PART 5 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

5.1 HOURS OF WORK

5.1.1 Day Worker:

(a) Subject to clause 5.1.2 (Working of a 38 hour week) and subject to the exceptions hereinafter provided, the ordinary hours of work will be an average of 38 per week, to be worked in one of the following ways:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days; or (iii)114 hours within a work cycle not exceeding 21 consecutive days; or (iv) 152 hours within a work cycle not exceeding 28 consecutive days;

142(b) The ordinary hours of work prescribed for Employees are to be worked continuously except for meal breaks.

Subject to clauses 5.1 and 6.8 ordinary hours may be worked on a maximum of 5 consecutive days in the week between 6.00 a.m. and 6.00 p.m., Monday to Sunday inclusive.

(c) The ordinary hours of work prescribed herein must not exceed 10 hours on any day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours must be subject to the agreement of the Employer and the majority of Employees concerned.

(d) The ordinary starting and finishing times of various groups of Employees or individual Employees may be

staggered provided that there is agreement between the Employer and the majority of Employees concerned. 5.1.2 Working of a 38 hour week

(a) The 38 hour week will be worked in one of the following ways, most suitable to the particular enterprise, after consultation with, and giving reasonable consideration to the wishes of, the Employees concerned:

(i) by Employees working less than 8 ordinary hours each day; or (ii) by Employees working less than 8 ordinary hours on one or more days each work cycle; or (iii)by fixing one or more work days on which all Employees will be rostered off during a particular work

cycle; or (iv) by rostering Employees off on various days of the week during a particular work cycle, so that each

employee has one work day off during that cycle.

(b) Subject to clause 5.1.1(c), Employees may agree that the ordinary hours of work are to exceed 8 on any day, thus enabling more than one work day to be taken off during a particular work cycle.

(c) Regardless of any other provision in clause 5.1, where the arrangement of ordinary hours of work provides

for a rostered day off, the Employer and the majority of Employees concerned may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, each accrued rostered day off must be taken within 12 calendar months of the date on which that rostered day off was accrued. Consent to accrue rostered days off will not be unreasonably withheld by either party.

(d) Different methods of working a 38 hour week may apply to individual Employees, groups or sections of

Employees in the enterprise concerned. 5.1.3 Procedures for enterprise level discussions

(a) The Employer and all Employees concerned in each enterprise will consult over the most appropriate means of working a 38 hour week.

(b) The objective of such consultation is to reach agreement on the method of working the 38 hour week in

accordance with clause 5.1. (c) The outcome of such consultation must be recorded in writing. (d) In cases where agreement cannot be reached as a result of consultation between the Parties, either party may

request the assistance or advice of their Union or Employer organisation. (e) Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by

Employees, the Employer has the right to make the final determination as to the method by which the 38-hour week is to be worked from time to time.

(f) Upon giving 7 days' notice or such shorter period as may be mutually agreed upon, the method of working

the 38 hour week may be altered, from time to time, following negotiations between the Employer and Employees concerned, utilising the provisions of clause 5.1.

5.1.4 Rostered days off

(a) Where the arrangement of ordinary hours of work provides for a rostered day off all Employees will be given a fair spread of rostered days off, from Monday to Friday.

143(b) An employee must be advised by the Employer at least 7 days in advance of an entitlement to a rostered day

off. (c) In the event that an employee is rostered off duty on a day which coincides with pay day, the employee will

be paid not later than the working day immediately following pay day. (d) All time worked on an employee's rostered day off is to be paid for at the appropriate overtime rate (time and

a-half for the first 3 hours, double time thereafter) with a minimum payment as for 2 hours' work:

Provided that by mutual agreement the Employer and the employee may agree to substitute another day in lieu of the rostered day off, in which case the day that had been rostered off will be regarded as an ordinary working day.

(e) Where a rostered day off falls on a public holiday as prescribed in Schedule 11, Common Provisions for all

Staff, of this Agreement, the employee and the Employer will agree to an alternative day off in lieu thereof.

5.2 ROSTER POSTING

The Employer must, by legible notice displayed at some place accessible to the Employees, notify the times of commencing and ceasing work. Such times, once notified, will not be changed except by giving 7 days' notice.

5.3 MEAL BREAKS

5.3.1 Employees will receive at least 30 minutes and not more than 60 minutes for an unpaid meal break to be taken

not later than 6 hours after the employee commences work, unless the Employer and employee agree otherwise. 5.3.2 If the meal period prescribed in clause 5.3.1 is worked, it will be paid for at the rate of double time and such

double time payment will continue until the employee finishes work or is allowed a meal break, for which no deduction of pay is to be made.

5.4 REST PAUSES

5.4.1 Every employee is entitled to a paid rest pause of 10 minutes' duration in the Employer's time in the first and

second half of the working day. Such rest pauses must be taken at such times as will not interfere with the continuity of work where continuity is necessary.

5.4.2 Where there is agreement between the Employer and the majority of Employees concerned, the rest pauses may

be combined into one 20 minute rest pause to be taken in the first part of the ordinary working day. The meal break should be arranged in such a way that the ordinary working day is broken up into three approximately equal working periods.

Consent to combine the rest pauses must not be unreasonably withheld by either party.

5.5 OVERTIME

5.5.1 All work performed by a Day Worker outside of or in excess of the hours prescribed in clause 5.1, or outside

the roster prescribed in clause 5.7.2 in the case of a Shift Worker, is deemed to be overtime. Such overtime will be paid for at the rate of time and a-half for the first 3 hours and double time thereafter:

Provided that all overtime worked on Sundays is to be paid for at the rate of double time.

5.5.2 The minimum payment for Saturday and Sunday overtime is for 2 hours. 5.5.3 Meal allowances An employee, who is required to continue work after the usual ceasing time for more than 2 hours, or after more than one hour if overtime continues beyond 6.00 p.m., will be supplied with a reasonable meal at the Employer's expense or be paid $9.60 in lieu thereof.

5.6 FATIGUE BREAKS

5.6.1 An employee who works so much overtime between the termination of that employee's ordinary work on one

day and the commencement of the employee's ordinary work on the next day that the employee has not at least

14410 consecutive hours off duty between those times shall, subject to clause 5.6, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

5.6.2 If on the instructions of the Employer such an employee resumes or continues work without having had such 10

consecutive hours off duty, the employee shall be paid double rates until released from duty for such period. The employee shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

5.6.3 Clauses 5.6.1 and 5.6.2 apply in the case of a Shift Worker who rotates from one shift to another as if 8 hours

were substituted for 10 hours when overtime is worked:

(a) for the purpose of changing shift rosters; or (b) where a Shift Worker does not report for duty; or (c) where a shift is worked by arrangement between the Employees themselves.

5.7 SHIFT WORK

5.7.1 A Shift Worker will receive a shift allowance of 15% in addition to their ordinary time rate of pay, Monday to

Friday inclusive. 5.7.2 Hours of work - The ordinary working hours of Shift Workers will be agreed between the Employer and the

majority of the Employees concerned and must not exceed an average of 38 per week to be worked in accordance with a roster prescribed by clause 5.2.

5.7.3 Change of roster - Except by agreement between the Employer and the employee, the Employer must give at

least 7 days' notice of change of roster. 5.7.4 Crib breaks - A Shift Worker is entitled to a crib break of 30 minutes' duration without loss of pay. Such crib

break is to be taken not later than 6 hours after the commencement of each shift.

5.8 WEEKEND WORK

5.8.1 Ordinary hours worked on a Saturday or Sunday are to be paid at the rate of time and a-half. 5.8.2 Any arrangement of hours which includes a Saturday or Sunday as ordinary hours must be subject to agreement

between the Employer and the majority of Employees concerned. 5.8.3 In any arrangement of hours which includes a Saturday or Sunday as ordinary hours, the Union is to be notified

in writing within 14 days of commencement of work under such arrangement.

PART 6 -LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

6.1 ANNUAL LEAVE

6.1.1 Every employee (other than a casual employee) shall at the end of each year of their employment be entitled to

annual leave on full pay as follows:

(a) not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week; and

(b) not less than 4 weeks in any other case.

6.1.2 Such annual leave is exclusive of any public holiday which may occur during the period of that annual leave

and (subject to clause 6.1.5) must be paid for by the Employer in advance:

(a) in the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary wages payable under Schedule 1 of this Agreement, at that excess rate; and

(b) in every other case, at the ordinary time rate of pay payable under Schedule 1 of this Agreement to the

employee concerned immediately prior to that leave.

145 6.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the Employer

shall be deemed to have given the leave to the employee from the date of termination of the employment and shall immediately pay to the employee, in addition to all other amounts due to them, their pay, calculated in accordance with clause 6.1.5, for 4 or 5 weeks as the case may be and also their ordinary time rate of pay for any public holidays occurring during such period of 4 or 5 weeks.

6.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such

employee shall be paid, in addition to all other amounts due, an amount equal to 1/9th of their pay for the period of their employment in the case of a Shift Worker, and 1/12th of their pay for the period of their employment in the case of a Day Worker, calculated in accordance with clause 6.1.5.

6.1.5 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 6.1 applies, annual leave pay (including any proportionate payments), shall be calculated as follows:

(a) Shift workers - Subject to clause 6.1.5(c), the rate of wage to be paid to a Shift Worker shall be the rate

payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or public holiday shifts.

(b) Leading hands etc. - Subject to clause 6.1.5(c), leading hand allowances otherwise payable for ordinary time

worked shall be included in the wages to be paid to Employees during annual leave. (c) All Employees - Subject to the provisions of clause 6.1.5(d), in no case shall the payment by an Employer to

an employee be less than the sum of the following amounts:

(i) the employee's ordinary wage rate as prescribed in Schedule 1 of this Agreement for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) leading hand allowance prescribed in clause 4.2.1; (iii) a further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 6.1.5(c)(i) and

6.1.5(c)(ii).

(d) Clause 6.1.5(c) does not apply to the following:

(i) any period or periods of leave exceeding:

- 5 weeks in the case of Employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week; or

- 4 weeks in any other case.

(ii) Employers who are already paying an annual leave bonus, loading or other annual leave payment which

is not less favourable to Employees. 6.1.6 Unless the employee agrees otherwise, the Employer must give the employee at least 14 days' notice of the date

from which the employee's annual leave will be taken. 6.1.7 Except as provided in clause 6.1.4, it is not lawful for the Employer to give, or for the employee to receive,

payment in lieu of annual leave. 6.1.8 Such annual leave will be exclusive of any rostered day off which would have occurred had the employee not

been on annual leave. 6.1.9 Annual shut down - An Employer may close down an enterprise for a period of at least 21 consecutive days and

grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster:

Provided that by agreement with the majority of Employees concerned, an Employer may close down an enterprise for a period of at least 14 consecutive days including non-working days and grant the balance of annual leave due to the employee(s) by mutual arrangement.

146PART 7 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

7.1 COURT ATTENDANCE

7.1.1 Employees required to attend a court of justice in connection with their duties shall be paid:

(a) travelling time if outside their ordinary working hours; (b) fares; and (c) their ordinary time rate of pay for the time they are attending the court.

PART 8 - TRAINING AND RELATED MATTERS

8.1 COMMITMENT TO TRAINING

8.1.1 The level of training in the industry will continue to be reviewed and upgraded where the Parties deem it

necessary. 8.1.2 The Parties commit themselves to training as is regarded by them as appropriate and also to improving training

in such cases where this is required. 8.1.3 It is agreed that the Parties will co-operate in ensuring that training is maintained and improved. 8.1.4 This training will form the basis of an enhanced career structure in the industry.

PART 9 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

9.1 CLEANING MATERIALS AND DRESSING ROOMS

9.1.1 All cleaning materials and disinfectants, where necessary, will be provided by the Employer. 9.1.2 The Employer will provide suitable dressing accommodation. The changing of clothes will occur in the

employee's time. Cleaning materials must not be kept in the dressing room. 9.1.3 Where mopping is to be done, wringer buckets will be supplied by the Employer.

9.2 NIGHT WORKERS

9.2.1 Provision will be made for night workers to be able to leave the Premises in cases of necessity. Keys of doors

for this purpose will be kept in a sealed jar or glass case where, in case of emergency, the keys can be got out. Night Employees are to be allowed to eat their meals in some portion of the Premises properly protected from the weather. The employee/s will leave such place in a clean condition.

9.2.2 Night workers are not required to clean the outside windows above the ground or floor, or, in other than retail

shops, the inside windows, if the Cleaner is required to work more than 3 metres from the ground or floor.

9.3 UNIFORMS

9.3.1 Clean overalls will be supplied where the Employer requires overalls to be worn.

9.4 TOILET CLEANING

Employees are not required to clean toilets used by members of the opposite sex during times when the toilets are available for use by other Employees or members of the public. At other times, males may clean female toilets and vice versa provided that it is made quite clear by the use of a notice that the toilets are not in use and are being cleaned by a member of the opposite sex.

1479.5 CARETAKER'S QUARTERS

Where a Caretaker occupies quarters provided by the Employer and provides their own furniture and personal effects, a relieving Caretaker must not occupy such quarters without the permission of the first Caretaker.

9.6 WORK IN THE RAIN

When an employee's clothes get wet because the employee is required to work in the rain, the employee will be paid double rates for all work so performed. Such payment is to continue until such time as the employee finishes work or is able to change into dry clothing: Provided that clause 10.6 will not apply where the employee has been supplied with adequate rainproof clothing.

148

SCHEDULE 20 CAFE RESTAURANT AND CATERING STAFF EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the Cafe Restaurant and Catering Staff Employment Arrangements

1.2 ARRANGEMENT

Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Coverage 1.3 Area of operation 1.4 Definitions 1.6 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment 2.1 Two or more classes of work 2.2 Part-time employment 2.3 Casual employment 2.4 Incidental and peripheral tasks 2.5 Trainees 2.6 PART 3 - WAGES AND WAGE RELATED MATTERS Definitions of classifications 3.1 Classifications and wage rates 3.2 Allowances 3.3 Shift work 3.4 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Meal breaks 4.2 Rest pauses 4.3 Overtime 4.4 Weekend penalty rates 4.5 PART 5 - LEAVE OF ABSENCE Annual leave 5.1 PART 6 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Fares 6.1 Travelling expenses 6.2 PART 7 - TRAINING AND RELATED MATTERS Training 7.1 PART 8 - OCCUPATI0NAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Dressing and meal rooms, and staff amenities 8.1 Board and lodging 8.2

149Subject Matter Clause No. Uniforms - aprons 8.3 Breakages 8.4 First aid 8.5

1.3 COVERAGE

1.3.1 This Schedule applies as follows:

(a) To all Employers and their Employees in caf s, restaurants, coffee shops, refreshment rooms, commercial dance halls, discotheques and cabarets, entertainment lounges, and/or other places of entertainment, milk bar, bistros, side walk caf s, food bars, fish and oyster saloons, including those businesses independently operated within any other type of establishment in or from which food and/or drink are prepared and/or sold for consumption on or off the premises, including residential colleges and the like:

Provided that the coverage of tuck shops by genuine volunteers shall be as set out in the letter of exchange between the Parties dated 12 October 1992;

(b) To all Employers and their Employees in take-away food establishments and the like; and

(c) To all Employers and their Employees engaged in the business of catering including those catering

businesses operating within any other type of establishment, whether of the type described in clauses 1.4.I(a) or (b), or not.

1.4 AREA OF OPERATION

1.4.1 Division For the purposes of this Schedule the following divisions shall apply: Northern Division - That portion of the State north of a line commencing at the junction of the 21st parallel of south latitude with the sea-coast; then by that parallel of latitude due west to the 147th degree of east longitude; then by that meridian of east longitude due south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude due west to the western border of the State, including all islands north of the 21st parallel of south latitude which are within the State of Queensland. Mackay Division - That portion of the State within the following boundaries: Commencing at the junction of the sea- coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of south latitude; then by that parallel of latitude due east to the sea-coast; then by the sea-coast northerly to the point of commencement; and including all islands situated between the 21st and 22nd parallels of south latitude and within the State of Queensland. Southern Division - That portion of the State not included in the Northern or Mackay Divisions and excluding that area within the following boundaries: Commencing at Point Danger, and bounded then by the southern boundary of the State westerly to 151 degrees of east longitude; then by that meridian of longitude bearing true north to 24 degrees 30 minutes of south latitude; then by that parallel of latitude bearing true east to the sea-coast; and then by the sea-coast southerly to the point of commencement and all islands situated south of 24 degrees 30 minutes of south latitude and within the State of Queensland. 1.4.2 Districts For the purposes of this Schedule the following districts shall apply:

(a) Northern Division:

Eastern District - That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude.

Western District - That portion of the Northern Division west of 144 degrees 30 minutes of east longitude, including Thursday Island.

150(b) Southern Division:

Eastern District - That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; from that longitude due north to 25 degrees of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due north to the southern boundary of the Mackay Division. Western District - The remainder of the Southern Division.

1.5 DEFINITIONS

1.5.1 The "Act" means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2 "Appropriate Level of Training" means:

(a) Completion of a training course deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification, such course to be accredited by the Australian Hospitality Review Panel.

(b) That the employee's skills have been assessed to be at least the equivalent of those attained through the

suitable course described in clause 1.5.2(a), such assessment to be undertaken by a qualified skills assessor.

(c) Any dispute arising in relation to clause 1.5.2 shall be resolved in accordance with the Dispute and Grievance Settlement Procedure of this Agreement

1.5.3 "Caterer (other than Industrial Caterer)" means any Employer carrying on the business of catering for wedding

receptions, Parties, dances, conventions, seminars, social functions, sports grounds, race, trotting and greyhound meetings, Agricultural or Industrial shows, or any similar functions or events.

1.5.4 "Commission" means the Queensland Industrial Relations Commission. 1.5.5 "Full Day Off" means 24 hours from 12 midnight to 12 midnight. 1.5.6 "Half Day Off" means the balance of the day from 1.30 p.m. till the time of starting next day; ordinary time

worked on such half-day shall not exceed 4 hours. 1.5.7 "Industrial Caterer" means any Employer carrying on the business of catering and/or providing accommodation

for any number of persons involved in Industrial Undertakings on location where catering is provided for on the basis of a minimum of 2 main meal times per day.

1.5.8 "Introductory Level" shall be applicable if an employee has not achieved the Appropriate Level of Training and

has less than 3 months experience either in the restaurant and catering industry or in another industry where the employee performed work similar to that which the employee is required to perform under this Schedule.

1.5.9 "Junior Employee" means those Employees under the age of 20 years:

Provided that Employees engaged and/or employed on duties normally performed by a drink waiter/waitress or bar attendant shall not be regarded as a Junior Employee for the purposes of this definition.

1.5.10 "Union" means The Australian Workers' Union of Employees, Queensland.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 CONTRACT OF EMPLOYMENT

2.1.1 Employees may be engaged on a full-time, part-time or casual basis, provided that the nature of the employment

contract is specified at the time of engagement. 2.1.2 Employers shall at the time of engagement provide to their Employees in writing the following details:

(a) The classification under which the employee has been engaged, including the level;

151(b) The rate of pay applicable to the position under this Agreement; (c) Confirmation of the date of employment; and (d) All other conditions of employment applicable within the property in which the employee is to be employed.

2.2 TWO OR MORE CLASSES OF WORK

2.2.1 Where any employee on any one day performs 2 or more classes of work to which a differential rate fixed by this

Schedule is applicable, such employee, if employed for more than 4 hours on the class or classes of work carrying a higher rate, shall be paid in respect of the whole time during which the employee works on that day at the same rate, which sha1l be at the highest rate fixed by this Schedule in respect of any of such classes of work, and if employed for 4 hours or less on the class or classes of work carrying a higher rate, the employee shall be paid at such highest rate for 4 hours.

2.2.2 Clause 2.2.1 shall have no application where the employee concerned is performing duties at a higher level as part

of an accredited course which has an on-the-job training component.

2.3 PART-TIME EMPLOYMENT

2.3.1 A part-time employee is an employee who:

(a) shall be engaged for a minimum of 12 hours and a maximum of 40 hours in any one week and shall work on not more than 5 days in any one week; and

(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time Employees who do the same

kind of work. 2.3.2 An Employer is required to roster a part-time employee for a minimum of 3 hours on any one day and a maximum

of 10 hours on any one day. The hours of work shall be continuous subject to clause 4.2 (Meal Breaks). 2.3.3 A part-time employee shall be paid per hours at the rate of 1/40th of the weekly rate prescribed for the class of

work performed.

Provided that a part-time employee who was in receipt of a 10% all purpose loading as at the date of this Schedule is to continue to receive that loading for all ordinary hours worked.

2.3.4 Hours

(a) Part-time Employees who work in excess of 8 hours per day (or in the case of Employees to whom clause 4.1.3 applies, any work in excess of 10 hours per day) shall be entitled to be paid overtime in accordance with clause 4.4 (Overtime) for such excess hours.

(b) In the case of part-time Employees who receive the 10% loading mentioned in clause 4.3.3, any time worked

in excess of 40 hours per week shall be classed as overtime and paid in accordance with clause 4.4 (Overtime).

(c) In the case of all other part-time Employees any time worked in excess of the ordinary daily or weekly hours

prescribed by the roster, shal1 be classed as overtime and paid in accordance with clause 4.4 (Overtime). 2.3.5 Where an employee and the Employer agree in writing, part-time employment may be converted to full-time, and

vice-versa, on a permanent basis or for a specified period of time. If such an employee transfers from full-time to part-time (or vice-versa), all accrued entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

2.3.6 All provisions of this Schedule not expressly amended by clause 2.3 shall have application to part-time

Employees.

2.4 CASUAL EMPLOYMENT

2.4.1 A casual employee means an employee engaged as such, who is employed by the hour in the classification of

work for which the employee is engaged, with a minimum of 4 hours' pay for each engagement

1522.4.2 The hourly rate for such Employees to be ascertained by dividing the appropriate weekly rate prescribed in clause

3.2 for full-time Employees of the same class by 40 and adding thereto the following loadings:

(a) 50% for work performed Monday to Saturday;

(b) 100% for work performed on Sundays and for work performed after 12 midnight, and prior to 6.00 a.m. the following day; and

(c) 150% for work performed on public holidays.

2.5 INCIDENTAL AND PERIPHERAL TASKS

2.5.1 An Employer may direct an employee to carry out such duties as are reasonably within the limits of the

employee's skill, competence and training. 2.5.2 An Employer may direct an employee to carry out such duties and use such tools and equipment as may be

required provided that the employee has been properly trained in the use of such tools and equipment (where relevant).

2.5.3 Any direction issued by an Employer pursuant to clauses 2.5.1 and 2.5.2 shal1 be consistent with the Employer's

responsibilities to provide a safe and healthy working environment.

2.6 TRAINEES

Trainees shall be engaged in accordance with the Order - Apprentices' and Trainees' Wages and Conditions (Excluding Certain Queensland Government Entities).

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 DEFINITIONS OF CLASSIFICATIONS

3.1.1 Food and beverage stream

(a) "Food and Beverage Attendant Grade 1" means an employee who is engaged in any of the following:

(i) picking up glasses; (ii) emptying ashtrays; (iii) general assistance to Food and Beverage Attendants of a higher grade, not including service to

customers; (iv) removing food plates; (v) setting and wiping down tables; (vi) monitoring, cleaning and tidying of associated areas during normal opening hours where such duties are

incidental to the Employees main duties.

(b) "Food and Beverage Attendant Grade 2" means an employee who has not achieved the Appropriate Level of Training, and who is engaged in any of the following:

(i) supplying, dispensing and mixing of liquor; (ii) undertaking of general waiting duties of both foods and/or beverages including cleaning of tables and

restaurant equipment; (iii) receipt of monies; (iv) selling of specialist stock lines; (v) attending a snack bar;

153(vi) engaged on delivery duties; (vii) general receivable and distribution of goods; (viii) taking reservations, greeting and seating guests under general supervision; (ix) assist in maintenance of dress standards and good order of the establishment; (x) setting up on site for small Parties.

(c) "Food and Beverage Attendant Grade 3" means an employee who has the Appropriate Level of Training and is engaged in any of the following:

(i) supplying, dispensing or mixing of liquor, (ii) undertaking all general waiting duties of both food and liquor, including cleaning of tables; (iii) receipt of monies; (iv) selling of specialist stock lines; (v) taking reservations, greeting and seating guests; (vi) general security including security of keys and supervision of dress standard maintenance and good order

in the establishment; (vii) assisting in the training and supervising of Food and Beverage Attendants of a lower grade; (viii) setting up on site for small Parties.

(d) "Food and Beverage Attendant Grade 4" means an employee who has the Appropriate Level of Training and is engaged in any of the following:

(i) full control of cellar or liquor storeroom (including the receipt, delivery, recording and ordering of goods

within such an area); (ii) mixing a range of sophisticated drinks; (iii) supervision and training of Food and Beverage Attendants of a lower grade.

(e) "Food and Beverage Attendant Grade 5" means an employee who has completed an apprenticeship in

waiting, or who has been accredited as such, or who is assessed as having skills of a similar level and who is engaged in the following:

(i) general and specialised skilled duties in a fine dining room or restaurant.

(f) "Food and Beverage Attendant Grade 6" means an employee who has the Appropriate Level of Training

including a supervisory course, and who is engaged in any of the following:

(i) responsibility for the supervision, training and co-ordination of food and beverage staff; (ii) stock control for bar or bars including administrative and accounting activities; (iii) responsibility for the maintenance of service and operational standards.

3.1.2 Kitchen stream

(a) "Kitchen Attendant Grade 1" means an employee engaged in any of the following:

(i) general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils, used in a kitchen and restaurant;

(ii) assisting Employees who are cooking; (iii) preparation of salad ingredients and/or distribution to a salad bar;

154 (iv) general pantry duties.

(b) "Kitchen Attendant Grade 2" means an employee who has the Appropriate Level of Training, and who is engaged in any of the following:

(i) specialised in non-cooking duties in a kitchen or food preparation area; (ii) assisting in the supervision and training of Kitchen Attendants; (iii) general receival and distribution of goods.

(c) "Kitchen Attendant Grade 3" means an employee who has the Appropriate Level of Training including a supervisory course, and who is engaged in the following:

(i) responsibility for the supervision, training and co-ordination of Kitchen Attendants of a lower grade.

(d) "Cook Grade 1" means an employee who is engaged in the following:

(i) cooking of breakfasts and snacks, baking, pastry cooking or butchering.

(e) "Cook Grade 2" means an employee who has the Appropriate Level of Training and who is engaged in any of the following:

(i) cooking duties including baking, pastry cooking or butchering; (ii) setting up of an on-site kitchen.

(f) "Cook (Tradesperson) Grade 3" means an employee who has completed an apprenticeship or who has passed the appropriate trade test, and who is engaged in any of the following:

(i) cooking, baking, pastry cooking or butchering duties; (ii) setting up of an on-site kitchen.

(g) "Cook (tradesperson) Grade 4" means an employee who has completed an apprenticeship or has passed the appropriate trade test, and who is engaged in any of the following:

(i) general or specialised cooking, butchering, baking or pastry cooking duties; (ii) supervision and training of other cooks or kitchen Employees.

(h) "Cook (Tradesperson) Grade 5" means an employee who has completed an apprenticeship or has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:

(i) general and specialised cooking, butchering, baking or pastry cooking duties; (ii) supervision and training of other cooks and kitchen Employees; (iii) ordering and stock control; (iv) sole responsibility for other cooks and kitchen Employees including co-ordination in a single kitchen

establishment.

3.2 CLASSIFICATIONS AND WAGE RATES

3.2.1 Adult Employees

The minimum rates of wages payable to the following classes of Employees shall be as established in Schedule X Wages and Allowances.

3.2.2 Junior rates

155The minimum rates of wages payable to Junior Employees as defined shall be calculated as follows:

Of the Minimum Adult Rate for the Respective Division and/or District % Under 17 years of age 55 17 and under 18 years of age 65 18 and under 19 years of age 75 19 and under 20 years of age 85

And thereafter at the appropriate rate prescribed for adults in the class of work being performed.

(a) Junior rates shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the

next highest 10 cent multiple. (b) Any employee aged 18 or 19 years who is engaged to dispense and/or mix and/or sell alcoholic beverages

shall be paid at a minimum rate of $447.30 per week in the case of full-time Employees and in the case of casual and part-time Employees at the appropriate hourly rate on the weekly rate in clause 3.2.1.

3.3 ALLOWANCES

3.3.1 Supervisory allowances Employees other than chefs or chief cooks, second cooks, and head waiters who are appointed to supervise the work of other Employees shall be paid the following additional allowances: In charge of - $ 1 to 8 Employees 11.50 9 to 16 Employees 15.00 17 or more Employees 17.50 3.3.2 Divisional and district allowances Adult Employees in the Mackay Division shall be paid 90c per week and adult Employees in the Eastern district of the Northern divisions shall be paid $1.05 per week in addition to the rates prescribed in clause 5.2.1. 3.3.3 Late work rates Employees, other than casuals, required to work any ordinary hours between 8.00 p.m. and midnight Monday to Friday shall be paid $3.96 on each such occasion.

3.4 SHIFT WORK

3.4.1 In addition to the rates of pay prescribed by clause 3.2 (Classifications and wage rates), Employees whilst engaged

on afternoon shift and night shift, as established pursuant to clause 4.1.7 (Hours of work), shall be paid an additional penalty rate for each shift as follows:

Afternoon shift 12.5% (or $9.70 whichever is the greater); and Night shift 15% (or $9.70 whichever is the greater).

3.4.2 For the purposes of clause 3.5:

(a) "Afternoon shift" means any shift finishing after 6.00 p.m. and at or before midnight; (b) "Night Shift" means any shift finishing after midnight and at or before 8.00 a.m., or where the majority of

hours worked in the shift falls between midnight and 8.00 a.m.;

156(c) The percentages which are quoted in clause 3.4.1 are the amounts that are payable for each shift in addition to

the employee's ordinary time rate of pay.

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 Except for as hereinafter provided the ordinary hours of work of all Employees shall not exceed 40 in any one

week or 8 in any one day. The ordinary hours shall be worked on no more than 5 days out of 7 and the days off shall wherever practicable, be consecutive.

4.1.2 The ordinary daily working hours in all establishments shall be worked between 6.00 a.m. and 12 midnight. The

ordinary working hours shall be worked over a spread not exceeding 12 hours on any one day. There shall be not more than one break (exclusive of meal breaks) on any one day.

4.1.3 By agreement between the Employer and the majority of Employees concerned, full-time and part-time

Employees may work up to a maximum of 10 ordinary hours per day without the payment of overtime. 4.1.4 A roster for all Employees showing normal starting and finishing times and the surname and initial of each

employee shall be prepared by the Employer and shall be posted in a place accessible to the Employees concerned. The roster shall be alterable by mutual consent at any time or by amendment with 7 days' notice for full-time and part-time Employees. Where practicable, 2 weeks' notice of rostered days off shall be given:

Provided however, that rosters may be altered with less than 2 days' notice in the case of sickness or absenteeism on the part of Employees.

The roster for all Employees shall provide for a minimum of 10 hours' break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day.

4.1.5 Establishments operating over 6 days per week

(a) The ordinary weekly working hours of Employees in establishments or businesses which only operate over a period of 6 days a week shall be worked within a period of 5 1/2 days:

Provided that where the hours of work of an establishment are worked within a period of 5 1/2 days, an employee's ordinary working hours on a-half day shall not exceed 4 hours and shall be completed at no later than 1.30 p.m. on such day:

Provided further that Employees working a 5 1/2 day week in accordance with clause 4.1.5(a) shall not be required to work on their rostered days or half-days off duty, but in the event of an employee consenting to so work, such time shall be paid for at the ordinary time rate of pay in clause 3.2 with a minimum payment of 4 hours at such rates for any such work performed on a Monday.

(b) By agreement between the Employer and the majority of Employees concerned, full-time and part-time

Employees may work up to a maximum of 10 ordinary hours per day without the payment of overtime. (c) The roster for all Employees shall provide for a minimum of 10 hours break between the finish of ordinary

hours on one day and the commencement of ordinary hours on the following day.

4.1.6 Where Employees cease work and their usual means of transport are not available the Employer shall pay any reasonable additional amount incurred by those Employees in reaching home.

4.1.7 Shift work may be performed in accordance with a roster to be drawn up by mutual agreement between the

Employer and the Employees and approved by the Union in writing:

Provided that such roster shall provide for not more than 5 shifts of 8 continuous hours per day, including crib breaks to be worked in any one week with 2 consecutive days off duty.

4.2 MEAL BREAKS

4.2.1 Every employee shall be entitled to an unpaid meal break of not less than 30 minutes nor more than one hour for

breakfast, lunch or dinner. No employee shall work for more than 6 hours without a meal break except where overtime of one hour's duration or less is being worked immediately following an employee's ordinary ceasing time.

157 4.2.2 Where an employee is required to work through the employee's normal break the employee shall be paid at the

rate of double time for all work so performed and such double time shall continue to be paid until such time as a meal break of the usual duration can be taken or until the employee ceases work for the day.

4.2.3 Any employee who is required to work overtime for more than 2 hours beyond the rostered ceasing time shall be

provided with an adequate meal by the Employer, or, in the event of the Employer being unable to provide such meal, be paid an allowance of $9.60 in lieu thereof.

4.2.4 Meals Meals may be taken at the option of the employee and where practicable notice shall be given by the employee on the previous day whether meals are required for the following day. The sum of $2.00 may be deducted for any meal taken.

4.3 REST PAUSES

4.3.1 Employees who work a minimum of 4 consecutive ordinary hours but less than 8 consecutive ordinary hours on

any one day shall receive a rest pause of 10 minutes' duration. Employees who work a minimum of 8 or up to 10 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.

4.3.2 Rest pauses shall be taken in the Employer's time. 4.3.3 Rest pauses shall be taken at times to suit the convenience of the Employer and so as not to interfere with the

continuity of work where continuity is necessary. 4.3.4 Notwithstanding clause 4.3.1, where Employees are rostered to work not less than a 9 hour day and there is

agreement between the Employer and the majority of Employees concerned, the rest pauses may be combined into one twenty minute rest pause, so that the day is divided into 3 approximately equal work periods.

4.4 OVERTIME

4.4.1 Except as provided in clauses 4.1.3 and 4.1.5, and as hereinafter provided all time worked by Employees in excess

of 8 hours on any full day or 4 hours on any half-day or 40 hours in any one week or outside the daily spread of working hours or outside the daily and/or weekly rostered hours shall be deemed overtime and except as hereinafter provided shall be paid for at the rate of time and a-half for the first 3 hours and double time thereafter.

4.4.2 All time worked on an employee's days or half-day off shall be paid for at the rate of time and a-half for the first 3

hours and double time thereafter with a minimum payment as for 2 hours worked:

Provided, however, that the 2 hour minimum payment shall not apply to Employees who continue working on their half-day off.

4.4.3 All overtime worked on Sundays shall be paid for at the rate of double time. 4.4.4 All time worked after 12 midnight and prior to 6.00 a.m. the following day shall be paid for at the rate of time and

a-half for the first 3 hours and double time thereafter. 4.4.5 Overtime on any day shall stand alone. 4.4.6 All time worked by a shift worker in excess of 40 hours per week or 8 hours per day or outside of the rostered

hours of work shall be deemed to be overtime and shall be paid for at the rate of double time. 4.4.7 Notwithstanding the provisions of clause 4.4, there may be an agreement in writing between the employee and the

Employer to take time off with pay in lieu of payment of overtime. Such time off shall be equivalent to the number of ordinary hours pay that the employee would have received for such overtime. Accumulated time must be taken within 12 months from the time of accrual and at a time mutually agreed between the employee and the Employer. Outstanding accrued overtime shall be paid at the appropriate rate in full at the time of termination, for any reason, by either party.

4.5 WEEKEND PENALTY RATES

158Payment at the rate of time and a-half for all time worked between midnight Friday and midnight Sunday, not being overtime within the meaning of clause 4.4 (Overtime) shall be made to all Employees other than casuals.

PART 5 - LEAVE OF ABSENCE

5.1 ANNUAL LEAVE

5.1.1 Every employee (other than a casual employee) shall at the end of each year of their employment be entitled to

annual leave on full pay as follows: (a) Not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days

per week; and (b) Not less than 4 weeks in any other case.

5.1.2 Such annual leave is exclusive of any public holiday which may occur during the period of that annual leave and

(subject to clause 5.1.5) must be paid for by the Employer in advance:

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary wages payable under clause 3.2, at that excess rate; and

(b) In every other case, at the ordinary time rate of pay payable under clause 3.2 to the employee concerned

immediately prior to that leave. 5.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the Employer is

deemed to have given the leave to the employee from the date of the termination of the employment and must immediately pay to the employee, in addition to all other amounts due to the employee, such employee's pay, calculated in accordance with clause 5.1.5, for 4 or 5 weeks as the case may be and also the employee's ordinary time rate of pay for any public holidays occurring during such period of 4 or 5 weeks.

5.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such

employee is to be paid, in addition to all other amounts due an amount equal to 1/9th of such employee's pay for the period of employment in the case of a shift worker, and 1/12th of such employee's pay for the period of employment in all other cases, calculated in accordance with clause 5.1.5.

5.1.5 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments), shall be calculated as follows:

(a) Shift workers - Subject to clause 5.1.5(c), the rate of wage to be paid to a shift worker shall be the rate

payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) Supervisors etc. - Subject to clause 5.1.5(c), supervisory allowances and amounts of a like nature otherwise

payable for ordinary time worked shall be included in the wages to be paid to Employees during annual leave.

(c) All Employees - Subject to the provisions of clause 5.1.5(d), in no case shall the payment by an Employer to

an employee be less than the sum of the following amounts:

(i) The employee's ordinary wage rate as in clause 3.2 for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) Supervisory allowance prescribed in clause 3.3 or amounts of a like nature; (iii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 5.1.5(c)(i) and

5.1.5(c)(i).

(d) Clause 5.1.5(c) shall not apply to:

(i) Any period or periods of annual leave exceeding:

159- 5 weeks in the case of Employees employed in a calling where 3 shifts per day are worked over a

period of 7 days per week; or

- 4 weeks in any other case.

(ii) Employers (and their Employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to Employees.

PART 6 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

6.1 FARES

Every employee shall be allowed any fares actually paid by the Employees in getting from the place of engagement to the place of employment if such Employees faithfully fulfil their duties for 3 months or for such less period for which they may be engaged. Every employee shall be allowed return fare from the place of employment to their place of engagement if such Employees faithfully fulfil their duties for not less than 12 months, such return fare to be paid on termination of their employment after such period of 12 months: Provided that the Employer may make the Employer's own arrangements for the conveyance of the Employees in which event no fares shall be payable.

6.2 TRAVELLING EXPENSES

Employees (other than casuals) engaged in catering work away from the Employer's regular place of business shall be paid:

(a) reasonable travelling expenses where the Employer does not provide means of conveyance; and (b) for all time occupied in travelling to and from such employment.

PART 7 - TRAINING AND RELATED MATTERS

7.1 TRAINING

7.1.1 A training program commensurate with the needs of the establishment and/or industry shall be developed by

consultation between the Employer and the Employees consistent with:

(a) the current and future skill needs of the enterprise;

(b) the size, structure and nature of the operation of the enterprise;

(c) the need to develop vocational skills relevant to the enterprise and the industry and will be, where appropriate, provided through courses conducted by accredited educational institutions and providers, accredited industry training courses, and internal Employer training which qualifies under the Training Guarantee Act provisions.

7.1.2 A training program developed in accordance with clause 7.1.1 will have the objectives consistent with:

(a) developing a more highly skilled and flexible workforce;

(b) providing Employees with career opportunities through appropriate training; and

(c) meeting the needs of the enterprise and/or the industry. 7.1.3 Additional training

(a) Where it is agreed between the Employer and an employee that training in accordance with the program developed pursuant to clause 7.1.1 should be undertaken by an employee, that training may be undertaken either on or off the job:

Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.

160(b) Any costs associated with such training, including standard fees for prescribed courses and prescribed

textbooks incurred in connection with the undertaking of training may be reimbursed by the Employer upon production of evidence of expenditure:

Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress and/or completion of the course.

(c) Travel costs incurred by an employee undertaking training in accordance with clause 7.1.3 which exceed

those normally incurred in travelling to and from work may be reimbursed by the Employer.

PART 8 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

8.1 DRESSING AND MEAL ROOMS, AND STAFF AMENITIES

Employers shall provide reasonable accommodation and amenities for Employees for dressing and consuming meals as prescribed under the relevant legislative provisions.

8.2 BOARD AND LODGING

Where Employees of Industrial Caterers are provided with board and lodging the sum of $2.50 per week may be deducted from the Employees' wages: Provided that if board only is provided to Employees the sum of $1.50 per week may be deducted.

8.3 UNIFORMS - APRONS

8.3.1 Where Employees are required to wear a uniform or any other distinctive type of clothing, such uniform or

clothing, shall be supplied, maintained and laundered at the Employer's expense and shall be the property of such Employer and shall be returned to the Employer upon termination of employment in good order or condition, subject to fair wear and tear.

8.3.2 When, upon termination, an employee does not return to the Employer a uniform/s the Employer may withhold

$40.00 per uniform from any money owing to that employee. 8.3.3 Where an Employer does not launder a uniform or clothing which is provided, then the Employer shall pay in lieu

thereof an allowance of $2.00 per week, in the case of full-time Employees, and 40c per day in the case of casual or part-time Employees.

8.3.4 Where an Employer requires an employee to wear a uniform, full-time Employees shall be issued with a minimum

of 3 uniforms and casual and part-time Employees shall be issued with one uniform. 8.3.5 Such uniforms shall be replaced on a fair wear and tear basis:

Provided that casual and part-time Employees shall be provided with further uniforms as required, dependent upon the regularity of shifts worked.

8.4 BREAKAGES

Any Employer, shall not charge any sum against nor deduct any sum from the wages of any employee in respect of breakages of crockery or other utensils except in the case of wilful misconduct

8.5 FIRST AID

In all establishments a first aid cabinet shall be available for Employees in cases of accident. Such first aid cabinet shall be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995, relating to such first aid cabinets.

APPENDIX L SPECIFIC TERMS AND CONDITIONS OF EMPLOYMENT- EMPLOYEES OF INDUSTRIAL CATERERS

1. The term "Industrial Caterer" means and includes the definition provided for in clause 1.6.7 - "Industrial Caterer" of

the Sdchedule.

161 2. Contract of Employment

(a) Except as hereinafter provided employment shall be by the week. An employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

(b) An employee shall perform such work as the Employer shall, from time to time, reasonably require.

(c) An employee not attending for duty shall, except as provided in this Schedule, lose pay for the actual time of

such non-attendance.

(d) (i) Subject to the provisions of the Act, employment shall be terminated by 2 days' notice on either side given at any time during the week or by the payment or forfeiture of 2 days' wages as: the case may be. This shall not affect the right of the Employer to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only or to deduct payment for any time an employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the Employer cannot reasonably be held responsible.

(ii) An employee who has given or been given notice as mentioned in clause 2(d)(i) shall continue in

employment until the date of expiration of such notice. An employee who, without reasonable cause (proof whereof shall lie with the employee), is absent from work during such period, shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period.

(e) Casual employment - A casual employee means an employee engaged and paid as such and who is employed

for a minimum of 2 hours on each separate engagement.

(f) Late comers - Notwithstanding anything elsewhere contained in this Schedule the Employer may select and utilise for time-keeping purposes any fractional or decimal proportion of an hour (not exceeding a quarter of an hour) and may apply such proportion in calculation of the working time of an employee who without reasonable cause promptly communicated to the Employer, reports for duty after the appointed starting time or ceases duty before the appointed finishing time.

If the Employer adopts a proportion for the aforesaid purpose the Employer shall apply the same proportion for the calculation of overtime.

(g) Incidental or peripheral tasks -

(i) An Employer may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training consistent with the classification structure of this Schedule provided that such duties are not designed to promote de-skilling:

(ii) An Employer may direct an employee to carry out such duties and use such tools and equipment as may

be required provided that the employee has been properly trained in the use of-such tools and equipment.

(iii) Any direction issued by an Employer pursuant to clauses 2(g)(i) and (ii) shall be consistent with the

Employer's responsibilities to provide a safe and healthy working environment.

(h) Mixed functions -

(i) An employee engaged for a total of more than 4 hours on any day or shift on duties carrying a higher rate than the employee's usual classification shall be paid the higher rate for the entire day or shift.

(ii) An employee engaged for 4 hours or less on any day or shift on duties carrying a higher rate than the

employee's ordinary classification shall be paid the higher rate for the time so worked.

3. The hours of work for Employees of Industrial Caterers shall be as follows:

(a) The ordinary hours of work shaI1 not exceed an average of 40 hours per week or 160 hours per month. (b) The spread of ordinary hours for day workers shall be between 4.00 a.m. and 9.00 p.m. (c) The daily working hours of all Employees may be worked within a daily spread of 12 hours.

162(d) Meal breaks for day workers shall be not less than 30 minutes nor longer than 60 minutes.

(e) Variation of Working Hours - Where the ordinary time of commencing and of finishing work has been

determined such times may be varied by agreement between the Employer and the accredited representative of the Union to suit the circumstances of the establishment, or, in the absence of agreement, by 2 days' notice of alteration given by the Employer to the Employer's Employees.

(f) Night Work - Shall be work performed on any shift finishing after 9.00 p.m. and before 4.00 a.m. (g) Week-end Work - For Employees other than casual Employees the following week-end penalty rates apply:

(i) Midnight Friday to midnight Saturday, time and one-half; (ii) Midnight Saturday to midnight Sunday, double time.

(h) Except at regular change over of shifts an employee shall not be required to work more than one shift in each

24 hours.

(i) Shift workers shall be entitled to a 20 minute crib break that shall be counted as time worked. (j) Shift rosters shall be posted for observance by all and shall specify the commencing and finishing times of

ordinary hours of the respective shifts.

The method of working shifts may in any case be varied as to all or a section of the Employees by agreement by the Employer and the accredited representative of the Union to suit the circumstances of the establishment The time of commencing and finishing shifts once having been determined may be varied by agreement between the Employer and the accredited representative of the Union to suit the establishment, or, in the absence of agreement, by 7 days' notice of alteration given by the Employer to its Employees.

Rostered overtime shifts, usually referred to as the 21st shift in a continuous shift roster, are to be treated in the following manner:

(i) They are paid at the rate of double time; (ii) They are part of the normal roster cycle; (iii) When calculating annual leave entitlements one rostered overtime shift payment is to be taken into account

regardless of the fall of the leave on the roster.

4. Subject to the allowances to this Schedule as to additional payments therein named, the minimum rates of wages payable to the following grades of Employees working in industrial catering establishments shall be:

Classification Level Range Qualified Cook 6 Single Hand Cook 4-6 Cook 4-6 Bar Attendant 2-4 All Others 2-3 Entry Level- Classification 1

Wage Relativities Total Wage Rate Per Week % $ Level 1 82 545.10 Level 2 88 570.10 Level 3 91 582.70 Level 4 95 599.30 Level 5 97 607.70 Level 6 100 622.20

5. (a) Split Shift Allowance - Employees working on a shift having a spread of hours greater than 9, but no more than

twelve, sha1l be paid an allowance calculated as 7.5% of the daily rate of the All Other classification in clause 4 hereof for each shift so worked.

163(b) Night Shift Allowance - Employees working a night shift as defined in clause 5.5.2(b) shall be paid an

allowance calculated as 15% of the daily rate of the All Other classification in clause 4 of appendix 1 for each shift so worked.

164

SCHEDULE 21

CHILDCARE WORKERS’ EMPLOYMENT ARRANGEMENTS PART 1 - APPLICATION AND OPERATION 1.1 Title This Schedule is known as the Childcare Workers’ Employment Arrangements. 1.2 Arrangement Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Definitions 1.3 Schedule coverage 1.4 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment 2.1 Mixed functions 2.2 Employee duties 2.3 Full-time employment 2.4 Part-time employment 2.5 Casual employment 2.6 Term-time employment - Outside School Hours Care 2.7 More than one engagement - OSHC and Vacation Care 2.8 Equal employment opportunity 2.9 Termination of employment 2.10 PART 3 - WAGES AND WAGE RELATED MATTERS Classifications and wage rates/allowances 3.1 Allowances 3.2 Payment of wages 3.3 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK Hours of work 4.1 Overtime 4.2 Meal breaks 4.3 Rest pauses 4.4 Start and finish times 4.5 Payment for meetings 4.6 PART 5 - LEAVE OF ABSENCE Annual leave 5.1

PART 6 - TRAINING AND RELATED MATTERS Training 6.1 Professional development leave - Teachers 6.2 Apprentices and trainees 6.3 Training and related matters - general 6.4 Skill development courses 6.5 Financial assistance to obtain qualifications 6.6

165 PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES First aid kit 7.1 Uniforms 7.2 Dressing accommodation 7.3 APPENDIX A 38 Hour Week - Procedures for enterprise level discussions 1.3 Definitions 1.3.1 "Assistant Director" means an employee appointed as such who is approved in terms of the relevant legislation to have charge of the Centre in the absence of the Director. 1.3.2 "Broken Shift" means a shift of work performed by Employees in the Outside School Hours Care Program which is broken into not more than 2 periods (excluding rest pauses and meal breaks), where the unpaid break in between such periods is greater than one hour. 1.3.3 "Child Care Legislation" means the Child Care Act 2002 and the Child Care Regulation 2003 as amended from time to time and any predecessor legislation where relevant or consequential amendments. 1.3.4 "Children's Services Worker" means an employee who is engaged in the provision of child care within a Centre and/or who is engaged in functions in or in connection with the general operation of the Centre including but not limited to all aspects of food preparation and service, cleaning and maintenance of all areas of the Centre (internal and external) to the standards required by the Employer. 1.3.5 "Centre Based Care" means care for children in a centre as defined in the Child Care Legislation. 1.3.6 "Assistant Children's Services Worker - Unqualified" - means an employee who:

(a) has successfully completed Year 12 at Secondary School; or

(b) on the day the person is first employed as an assistant, is at least 17 years of age and is undertaking, or has completed a Child Care Practice Certificate at a College of Technical and Further Education.

An assistant who is not an adult must be supervised by an appropriately approved Group Leader. Duties would include, but not be limited to, some or all of the following:

(i) assist in the implementation of the early childhood program under supervision; (ii) implement daily routine; (iii) ensure the health and safety of the children in their care; (iv) give each child individual attention and comfort as required; (v) work in accordance with the licensing requirements of Child Care Legislation; (vi) understand and work according to the Centre or Service's policy; (vii) perform general duties associated with the operation of the Centre, including but not limited to all aspects of food preparation, service and cleaning/maintenance of all areas of the Centre (internal and external).

1.3.7 "Children's Services Worker - 1 Year Qualified" means an employee who has completed an AQF Certificate 3 or 4 in Children's Services.

(a) This classification will also include a cook who prepares at least one full meal per day for each of a substantial proportion of children present at the Centre.

(b) Duties would include, but not be limited to, some or all of the following:

(i) any of the duties of an Assistant Children's Services Worker - Unqualified; (ii) co-ordinate and direct activities of unqualified workers engaged in the implementation of programs and activities in group settings; (iii) liaise with parents; (iv) ensure a safe environment is provided for the children; (v) ensure that records are maintained and are up-to-date concerning each child in their care; (vi) assist in the development, implementation and evaluation of daily routines; (vii) be responsible to the Director for the assessment of students on placement;

166(viii) ensure the Centre or Service's policies are adhered to. (ix) assist the Director in the assessment of students on placement to the level of their competency; (x) under direction, work with individual children with particular needs; (xi) undertake and implement the requirements of quality assurance; (xii) administer first aid to the level of their competency when appropriate.

1.3.8 "Commission" means the Australian Industrial Relations Commission. 1.3.9 "Group Leader - 1 Year Qualified" means an employee who has completed a Certificate 3 or 4 in Children's Services.

(a) Duties would include, but not be limited to, some or all of the following:

(i) carrying out the work of a Group Leader; (ii) the co-ordination of the activities of a group of children; (iii) general supervision of workers in the Centre; (iv) assisting in the Centre's or the Service's administrative functions; (v) any of the duties of Children's Services Worker - I Year Qualified; (vi) to ensure that a developmentally appropriate program is planned and implemented for each child; (vii) to assess the needs of each child and monitor the child's progress; (viii) to maintain effective communication with a parent of each child in the group that the person leads; (ix) administer first aid to the level of their competency when appropriate.

1.3.10 "Group Leader - 2 Year Qualified" means an employee who has completed an AQF Diploma in Children's Services.

(a) A Registered Nurse who has enrolled in or has successfully completed an appropriate bridging course in Early Childhood studies will also meet the criteria for a 2 Year Qualified Group Leader.

(b) Duties would include, but not be limited to, some or all of the following:

(i) any of the duties of a Group Leader - 1 Year or less; (ii) work as the person in charge of a group of children in the age range from birth to 12 years; (iii) take responsibility in consultation with the Director for the preparation, implementation and evaluation of a developmental program for individuals and groups of children in care; (iv) co-ordinate and direct the activities of workers engaged in the implementation and evaluation of developmental programs and activities in a group setting; (v) contribute, through the Director, to the development of the Centre or Service's policies; (vi) ensure that the policies and practices of the Centre are maintained; (vii) administer first aid to the level of their competency when appropriate.

1.3.11 "Group Leader - 3 Year Qualified" means an employee who has completed an AQF Advanced Diploma or higher qualification in the field of Children's Services or Education.

(a) Duties will include, but not be limited to, some or all of the following:

(i) any of the duties of a Group Leader - 2 Year Qualified; (ii) work as the person in charge of a group of children in the age range from birth to 12 years; (iii) take responsibility in consultation with the Director for the preparation, implementation and evaluation of a developmental program for individuals and groups of children in care; (iv) co-ordinate and direct the activities of workers engaged in the implementation and evaluation of developmental programs and activities in a group setting; (v) contribute, through the Director to the development of the Centre or Service's policies; (vi) ensure that the policies and practices of the Centre are maintained; (vii) administer first aid to the level of their competency when appropriate.

1.3.12 "Assistant Director - 2 Year Qualified" means an employee who has completed an AQF Diploma in Children's Services. 1.3.13 "Assistant Director - 3 Year Qualified" means an employee who has completed an AQF Advanced Diploma or higher qualification in the field of Children's Services or Education.

1671.3.14 Duties of Assistant Director (2 Year Qualified and Minimum 3 Year Qualified) include, but are not limited to, some or all of the following:

(a) all of the duties of a Group Leader - Minimum 3 Year Qualified;

(b) to supervise the programs and the quality of care that the service provides;

(c) to maintain the Service's policies and practices;

(d) to maintain effective liaison with other agencies in the community;

(e) to maintain the Centre's records;

(f) supervising qualified and unqualified workers;

(g) planning and co-ordinating in-service training for the Centre or Service;

(h) planning and implementing programs for children with special needs, including, but not limited to, children with disabilities and children of non-English speaking background;

(i) take responsibility for the day-to-day management of the centre or service in the temporary absence of the Director;

(j) administer first aid to the level of their competency when appropriate.

1.3.15 "Director 2 Year Qualified" means an employee who has completed an AQF Diploma in Children's Services. 1.3.16 "Director - 3 Year Qualified" means an employee who has completed a AQF Advanced Diploma or higher qualification in the field of Children's Services or Education. 1.3.17 Duties of Directors (2 Year and Minimum 3 Year Qualified) include, but are not limited to, all or some of the following:

(a) responsibility for the overall administration of the Centre or service;

(b) to develop, implement and supervise developmental programs and the quality of care that the Service provides;

(c) to maintain the Service's policies and practices;

(d) to establish a process for the recruitment, orientation and support of staff;

(e) to identify and assist in meeting in-service training needs of staff;

(f) to establish and maintain effective communication systems with staff and parents;

(g) to establish and maintain liaison with other agencies in the community (as required);

(h) to maintain the Centre's records;

(i) recruit staff in consultation with the Manager/Owner or Licensee of the Centre;

(j) to keep day-to-day accounts and handle clerical administrative matters;

(k) ensure that the Centre or Service adheres to all relevant Regulations;

(l) formulate and evaluate annual budgets in liaison with relevant authorities where necessary;

(m)all of the duties of an Assistant Director;

(n) administer first aid to the level of their competency when appropriate.

Outside School Hours Care and Vacation Care

1681.3.18 "Assistant Children's Services Worker - Unqualified" means an employee who is unqualified and is employed to assist at an Outside School Hours Care and Vacation Care Service.

(a) An Assistant must be supervised by a Co-ordinator.

(b) Duties would include, but not be limited to, some or all of the following:

(i) supervise children's activities; (ii) ensure the health and safety of the children in care; (iii) take a genuine interest in the children, their activities and participate in these as much as possible; (iv) supervise sports activities; (v) routine communication with parents to the level of the employee's competence; (vi) assist in developing and implementing programs/activities; (vii) understand and work according to the Centre's policies.

1.3.19 "Children's Services Worker - 1 Year Qualified" means an employee who has completed an AQF Certificate 3 or 4 in Children's Services.

(a) This classification will also include a cook who prepares at least one full meal per day for each of a substantial proportion of children present at the Centre.

(b) Duties would include, but not be limited to, some or all of the following:

(i) any of the duties of an Assistant Children's Services Worker - Unqualified; (ii) co-ordinate and direct activities of unqualified workers engaged in the implementation of programs and activities in group settings; (iii) liaise with parents; (iv) ensure a safe environment is provided for the children; (v) ensure that records are maintained and are up-to-date concerning each child in their care; (vi) assist in the development, implementation and evaluation of daily routines; (vii) be responsible to the Director for the assessment of students on placement; (viii) ensure the Centre or Service's policies are adhered to. (ix) assist the Director in the assessment of students on placement to the level of their competency; (x) under direction, work with individual children with particular needs; (xi) undertake and implement the requirements of quality assurance; (xii) administer first aid to the level of their competency when appropriate.

1.3.20 "Assistant Co-ordinator - Qualified - Large Service" means an employee who is required to assist a Co-ordinator of After School Hours Care as prescribed by the Child Care Legislation to manage a licensed Outside School Hours Care service licensed to accommodate 60 or more children at any time of the day. Their duties include, but are not limited to, some or all of the following:

(a) all of the duties of an Assistant Children's Services Worker - I Year Qualified;

(b) in consultation with the Coordinator prepare, implement and evaluate developmentally appropriate programmes for individual children or groups of children in care;

(c) supervise staff and ensure staff members fulfill their various duties and responsibilities;

(d) ensure a safe environment is maintained for both children and staff;

(e) ensure records are maintained accurately for each child in care;

(f) ensure a service's policies and procedures are adhered to;

(g) liaise as need be with members of a child's family;

(h) administer first aid to the level of their competency when appropriate.

1.3.21 "Co-ordinator - Unqualified" means an employee who co-ordinates and manages an After School Hours Care and/or Vacation Care Service for children and has no relevant post secondary qualification. The duties would include, but not be limited to, some or all of the following:

(a) develop and/or oversee programs and ensure they offer a balance of flexibility, variety, safety and fun;

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(b) supervise the programs/activities, staff and ensure each staff member is fulfilling their relevant duties and responsibilities;

(c) carry out administration tasks including fee collection and receipting, banking, staff pay, etc;

(d) administer first aid when appropriate to the level of their competency;

(e) to work positively in working with parents and/or Committees;

(f) understanding and working in accordance with the Service's policies.

1.3.22 "Co-ordinator - Qualified" means an employee who has completed a AQF Diploma in Children's Services. The duties would include those listed under Co-ordinator - Unqualified. 1.3.23 "Joint Union/Employer Validation Committee" means a Committee with equal representation of Union/Employer, set up to resolve disputes between Employees and Employers in relation to incremental levels of pay or to relevant/equivalent qualifications. 1.3.24 "Outside School Hours Care" means care of children provided in schools, supervised playgrounds and other establishments, but not including child care centres as defined in the Child Care Legislation, outside normal school hours. 1.3.25 "Teacher" means an employee who meets the following criteria:

(a) that the employee holds a 3 or 4 year qualification in early childhood studies as approved under the Child Care Legislation; and

(b) that the employee be registered with the Board of Teacher Registration; and

(c) that the employee be required to deliver an educational program.

1.3.26 "Vacation Care" means care of children provided in schools, supervised playgrounds and other establishments, but not including child care centres, as defined in the Child Care Legislation, during school vacations. 1.3.27 "Act" means the Workplace Relations Act 1999 as amended or replaced from time to time. 1.4 Schedule coverage 1.4.1 This Schedule shall apply to persons engaged in the callings and classifications set out in this Schedule, who are employed at or in Child Care Centres as defined in the Child Care Legislation or Outside School Hours Care, adjunct care, wherein Employees are charged with the care of children, and/or the delivery of child care services as per clause 1.4.2 within Queensland, for whom classifications and rates of pay are herein prescribed, and to their respective Employers. Subject to clause 1.4.3 no other Schedule shall apply. 1.4.2 Without limiting the scope of coverage, this Schedule shall apply to Employees engaged in the provision of long day care, sessional care, occasional care, vocational care, adjunct care, respite care, emergency care, before and after school hours care and extended hours care of children as defined in the Child Care Legislation. 1.4.3 This Schedule will not apply to: (a) Employees of the Crown or of any Public Hospitals Board. (b) Persons covered by the Early Childhood Education Award - State. (c) Centres where sick or afflicted children are placed for care or treatment purposes. (d) Persons who are in holy orders or who are members of a recognised teaching order. (e) Persons whose service is voluntary and whose service is covered by an exchange of letters between the Employer and the volunteer. (f) Students on work experience or placement.

170 (g) Nurses who are engaged on nursing duties. (h) Clerical Employees engaged principally in a clerical capacity. (i) Persons covered by the Lifeline Community Care Queensland Enterprise Award - State 2005. 1.4.4 Partial exemption Clause 1.4.4 does not apply to Employees in outside school hours care or vacation care programs. An employee (classified at or below the level of Director - 1 Year Qualified Year 1) who agrees in writing with the Employer to be paid at a rate not less than 25% above the classification level of Director - 1 Year Qualified Year 1, will be exempt from the provisions of Part 4 and clause 2.2 of this Schedule. An employee classified at the level of Director - 1 Year Qualified Year 2 and above who agrees in writing with the Employer to be paid at a rate not less than 25% above the appropriate classification level, will be exempt from the provisions of Part 4 and clause 2.2 of this Schedule. PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 2.1 Contract of employment 2.1.1 Employees covered by this Schedule shall be advised in writing of their employment category upon appointment. Employment categories are:

(a) full-time;

(b) part-time (as prescribed in clause 2.5); or

(c) casual (as prescribed in clause 2.6). 2.2 Mixed Functions 2.2.1 Where an employee is approved in accordance with the relevant legislation to perform a higher duty, and when approved and called upon by the Employer to perform that higher duty for 4 hours or longer per day, such employee will be paid the rate of pay attaching to the higher duty for the actual time worked. 2.2.2 Provided that clause 2.2 will not apply to Assistant Directors who are acting as the Director of a Child Care Centre:

(a) whilst the Director is temporarily absent; or

(b) in cases where there is no Director employed, for a maximum period of 6 weeks. 2.3 Employee duties 2.3.1 Extended duties

(a) An Employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Schedule, provided that such duties are not designed to promote deskilling.

(b) An Employer may direct an employee to carry out such duties and use such resources and equipment as may be required, provided that the employee has been trained in the use of such resources and equipment.

(c) Any direction issued by an Employer pursuant to clauses 2.3.1(a) and 2.3.1(b) will be consistent with the Employer's responsibilities to provide a safe and healthy working environment.

2.4 Full-time employment A full-time employee is one who is engaged by the week in accordance with the provisions of this Schedule.

1712.5 Part-time employment 2.5.1 A part-time employee is a weekly hired employee who is engaged to work a constant number of hours per week which is less than 38 hours per week on not more than 5 days of the week within the ordinary hours prescribed in clause 4.1 of this Schedule. Except as hereinafter provided, all conditions provided for permanent full-time Employees shall apply to part-time Employees on a pro rata basis. 2.5.2 Part-time Employees may be employed with a minimum single period of daily attendance of 2 hours. 2.5.3 The ordinary hours of work for a part-time employee may be altered by mutual agreement recorded in writing. In such cases part-time Employees may work up to 10 hours per day, without the payment of overtime. The additional hours so worked will be taken into account in the pro rata calculation of entitlements. 2.5.4 Except in the case of clause 2.5.3, a part-time employee who works in excess of the ordinary daily or weekly hours prescribed in the contract of employment will be paid overtime in accordance with clause 4.2. 2.5.5 Part-time Employees will be paid an hourly rate equal to 1/38th of the weekly rate prescribed by this Schedule for the classification under which they are engaged. 2.5.6 A part-time employee will be required to complete a minimum of 1000 hours of service from the time of their first appointment or their previous increment date before being eligible for their next increment. Such increment will become payable at the expiration of 1000 hours service or 12 calendar months, whichever will occur later, and the increment date will be adjusted if necessary. 2.6 Casual employment 2.6.1 A casual employee is an employee engaged and paid as such but will not include:

(a) an employee working 38 ordinary hours per week; or

(b) an employee who is engaged to work a regular, predetermined number of ordinary hours, in excess of 33 hours each week; or

(c) an employee defined as a part-time employee in accordance with clause 2.5 (Part-time employment):

Provided that:

(i) For the purposes of relieving other Employees on approved leave or rostered days off, a casual employee may work the ordinary rostered hours of the employee on such leave.

(ii) For the purposes of performing duties of a temporary nature including, but not limited to vacation care, a casual employee may work up to 38 hours per week.

2.6.2 The rate of payment to casual Employees will be 1/38th of the appropriate weekly wage for the class of work they are engaged upon plus a 23% loading. 2.6.3 A casual employee will be engaged for a minimum period of 2 hours' work or receive a minimum payment for 2 hours per engagement. 2.6.4 The employment of a casual employee may be terminated by one hour's notice by either side or payment or forfeiture of one hour's pay as the case may be. 2.7 Term-time employment - Outside School Hours Care 2.7.1 Clause 2.7 applies only to Employers who operate facilities to specifically provide Outside School Hours Care, and to Employees who are specifically engaged under their contract of employment to provide Outside School Hours Care, and this is the primary purpose of their engagement. 2.7.2 An employee who consents to such an engagement, may be classified as a term-time employee. The employee's consent to be classified as a term-time employee is to be genuine and in writing and a copy of the written agreement is to be maintained with relevant time and wages records. 2.7.3 A term-time employee is an employee engaged to work only those weeks of the year deemed to coincide with the provision of primary education to school children in a school setting.

172 2.7.4 All entitlements for term-time Employees are no less than those for their non-term time counterparts, except that no ordinary wages are payable for the weeks the employee is not engaged to work. 2.7.5 Non-engaged periods count as service and employment for the purposes of the accrual of paid leave for annual leave, sick leave and wage increments, except that no ordinary wages are payable for the weeks the employee is not engaged to work. 2.7.6 Where a public holiday falls on a day upon which an employee normally works during term time or any public holiday falling on their annual leave, the employee shall be paid at the ordinary hourly rate for the number of hours that would ordinarily be worked by the employee on that day. 2.8 More than one engagement - OSHC and Vacation Care 2.8.1 Clause 2.8 applies only to Employers who operate facilities to specifically provide Outside School Hours Care and/or Vacation Care, and to Employees who are specifically engaged under their contract of employment to provide Outside School Hours Care and/or Vacation Care, and this is the primary purpose of their engagement. 2.8.2 A part-time employee may be engaged on a casual basis for duties in a separate engagement under this Schedule provided that such engagement satisfies the following criteria:

(a) this arrangement is subject to mutual agreement between the employee and Employer. Such agreement is to be recorded in writing and maintained with relevant time and wages records;

(b) an employee who elects to take a casual engagement is to be required to work no more than 38 hours in any one week;

(c) the work required to be performed in the separate engagement may be consistent with the usual job description of the employee concerned;

(d) the work required to be performed in the separate engagement does not interfere with the employee's original contract of employment;

(e) the work required to be performed in the separate engagement is not designed to avoid overtime obligations;

(f) the separate engagement enables the employee to obtain additional hours and/or remuneration; and

(g) employment on a casual basis performed during the separate engagement does not break the continuity of service of an employee.

2.8.3 Where the casual engagement requires an employee to travel a distance in excess of that traveled to the usual workplace the employee must be:

(a) paid for such excess time as for other work; and

(b) either paid the amount prescribed in clause 3.2.2 or be provided with transport by the Employer to the workplace.

2.9 Equal employment opportunity The Employer is an equal employment opportunity Employer. Accordingly, it undertakes to comply with all relevant legislation. Further, the Employer undertakes to develop and implement a uniform policy and practice, consistent with the provisions of the Child Care Legislation, that reflect their commitment to equal employment opportunity. 2.10 Termination of employment 2.10.1 Statement of employment An Employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 2.10.2 Termination by Employer

173(a) An Employer may dismiss an employee only if the employee has been given the following notice:

Period of Continuous Service Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks

(b) In addition to the notice in (a) above, Employees 45 years old or over and who have completed at least 2 years' continuous service with the Employer shall be entitled to an additional week's notice.

(c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the Employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:

(i) the ordinary working hours to be worked by the employee; and (ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and (iii) any other amounts payable under the employee's employment contract.

(e) The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.

2.10.3 Notice of termination by employee The notice of termination required to be given by an employee shall be one week. If an employee fails to give notice, the Employer shall have the right to withhold monies due to the employee with a maximum amount equal to one week. 2.10.4 Annual leave or part thereof cannot be counted as notice of termination by either party. 2.10.5 The notice periods prescribed in clauses 2.10.2 and 2.10.3 may be altered by mutual agreement between the Employer and employee. 2.10.6 Time off during notice period During the period of notice of termination given by the Employer, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. This time off shall be taken at times that are convenient to the employee after consultation with the Employer. PART 3 - WAGES AND WAGE RELATED MATTERS 3.1 Classifications and wage rates and allowances 3.1.1 Wage rates (a) The minimum weekly rates of pay for Employees will be as set out in Schedule 1 3.1.2 (a) Access from Band 2 to Band 3 for 3 Year Trained Teachers -

(i) A Teacher will progress to Step 1 of Band 3 after serving one year on the 5th Step of Band 2 and then by biennial increments after completing 2 years' service at Step 1, the Teacher may progress to the 2nd step of Band 3.

174(ii) Teachers may accelerate this progression by performing a minimum of 60 hours professional development activity. Where there is disagreement between the employee and the Employer in relation to the accelerated progression, the employee will submit a portfolio of these activities and any other relevant matters material to the Union/Employer Validation Committee for assessment.

(iii) Teachers may undertake an appropriate additional year of formal training which will entitle them to move to the appropriate Step on the scale that relates to their years of experience up to the maximum of Band 3 Step 2.

(iv) Unless a Teacher moves from the old salary scale to Band 3 in the new salary scale in translocation, they may not move to Band 3 earlier than 30 September 1996.

(v) Credit for professional development activities will be given if those activities occurred in the 2 years prior to 29 April 1996, if these activities can be appropriately documented to the satisfaction of the Union/Employer Validation Committee.

(vi) A Teacher 3 Year Trained will keep a portfolio of their professional development activities which will be validated by a Union/Employer Validation Committee before the employee is entitled to move between Bands 2 and 3.

(b) Annual progression

Except as otherwise provided in clause 3.1.2(a) above, progression from one salary Step to a higher salary Step will be by annual increment.

(c) Teacher (3 Year Trained)

A Teacher (3 Year Trained) will commence on the 1st Step of Band 1 and progress by annual increment subject to 3.1.2(a).

(d) Teacher (4 Year Trained)

(i) A Teacher (4 Year Trained) will commence on the 1st Step of Band 2 and will progress by annual increment to the 2nd Step of Band 2 and will progress by annual increment to the 2nd Step of Band 3.

(ii) A Teacher (4 Year Trained) who has an approved Bachelors Degree with 1st or 2nd Class Honours, or a higher degree or two approved degrees from a recognised University and one year of Teacher training will commence on the 2nd Step of Band 2.

(iii) A Teacher (3 Year Trained) who obtains an approved degree from a recognised University or an approved equivalent tertiary qualification will be appointed as Teacher (4 Year Trained) with the same years of service.

3.1.3 In the event that an employee holds a qualification which is not recognised by the Employer, that employee will have recourse to a Joint Union/Employer Validation Committee as defined in clause 1.3 which will assess the qualifications for the purposes of determining the relevant classification and wage level. Assistance may also be provided, upon request, by the Department of Family Services. 3.1.4 No employee should receive a lesser wage rate as a result of the upgrading of qualifications. 3.1.5 Juniors -

(a) The junior rates prescribed in clause 3.1.5 will apply to the positions of Assistant Child Care Worker, and Assistant - Outside School Hours Care.

(b) Junior Employees -

% of appropriate adult rate 17 and under 18 years of age 55 18 and under 19 years of age 65 19 and under 20 years of age 75 20 years of age 85

175Calculation of rates - The rates of pay applying to junior Employees will be calculated in multiples of ten cents, with any result of five cents or more being adjusted to the next highest ten cent multiple. 3.1.6 Increments -

(a) Annual Salary Increments - Employees will be entitled to annual salary increments as specified in clause 3.1.1, being subject to increments for part-time and casual Employees in accordance with clause 2.5.6 for their appropriate classification. All Employees will receive increments in salary according to the scale of salaries under this Schedule up to the maximum rate, subject to satisfactory conduct, diligence and efficiency.

(b) Accumulation Toward Increments (other than Teachers) - For the purpose of the introduction of the incremental salary scale years of service will begin to accumulate from 1 September 1991.

(c) Continuous Service - For the purpose of determining the incremental level within a classification, total continuous service within the child care industry as defined in the Child Care Legislation or in a kindergarten or other child care centre as defined in the Child Care Legislation within Australia, will be counted effective from 1 September 1991. Employees moving from one classification level up to another will commence on the first year of service rate of that higher classification.

(d) Disputes re Incremental Level - Any dispute relating to appropriate incremental level will be referred in the first instance to the Joint Validation Committee as defined in clause 1.3 (Definitions).

(e) Credit for Previous Experience -

(i) An employee who has been away from the Child Care Industry for 3 years or less will return at the same level of experience at which the employee was at when leaving the industry.

For any absence of 3 years or part thereof over and above the period of 3 years referred to in clause 3.1.6(e), one year will be deducted from the actual years of experience fulfilled.

(ii) A Teacher on a second or subsequent engagement will be given full credit for previous experience in any educational institution, creche or child care centre for which the required qualification is a Kindergarten Teacher's Diploma or the equivalent (within Australia).

(iii) Following termination of employment for any reason an Employer will, upon demand, supply to a former employee a certificate of service, in writing, which certificate will amongst other things, specify the period of service of such employee and the classification level at which such employee was employed from time to time.

3.1.7 Salary Packaging Notwithstanding the salary rates specified in this Agreement, where agreed between the Employer and an employee, as signified by the written consent of the employee, the Employer may introduce remuneration packaging in respect of salary (including any negotiated salary allowable). The terms and conditions of such a package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this Schedule and shall be subject to the following provisions:

(a) the Employer shall ensure that the structure of any agreed package complies with taxation and other relevant laws;

(b) the terms and conditions of which shall be in writing and signed by both the Employer and employee, shall detail the components of the total remuneration package for the purpose of this agreement;

(c) the employee may package up to the maximum gross allowable under the Australian taxation legislation;

(d) the configuration of the remuneration package shall remain in force for the period agreed between the employee and the Employer;

(e) where at the end of the agreed period the full amount allocated to a specific benefit has not been utilised, by agreement between the Employer and the employee, any unused amount may be carried forward to the next period or paid as salary which will be subject to usual taxation requirements;

(f) notwithstanding any of the above arrangements, the employee may cancel any salary packaging arrangement by giving one month's notice of cancellation. The Employer must give the employee 3 months' notice of cancellation;

176

(g) in the event of a change in legislation which nullifies or reduces the benefits of salary packaging to the detriment of Employees' conditions as agreed, all salary packaging arrangements shall be terminated and individual Employees' wages will revert to the relevant Agreement rates of pay. The agreement will then be subject to re-negotiations;

(h) the calculation of the entitlements concerning sick leave, occupational superannuation and annual leave loading will be based on the value of the employee's total wage as outlined in the wage clause of the relevant Schedule;

(i) should a staff member cease employment during the term of this agreement, any unused Salary Sacrifice Benefit will either be paid to one of the nominated allowable items or shall be converted to normal payable gross wages and paid out on termination, attracting the appropriate taxation.

3.2 Allowances 3.2.1 Broken shift allowance Employees, other than casual Employees, required to report to work twice per day will be paid the following extra rate:

Per Day $ Broken Shift Allowance 10.05

3.2.2 Travel allowance Where an employee is required to use a private motor vehicle on official business, such employee will be paid a travel allowance of 30 cents per kilometre. 3.2.3 Telephone allowance Employees required to make business calls on their private telephone or on a public telephone will be reimbursed the cost of such call. 3.3 Payment of wages 3.3.1 Wages will be paid either weekly or fortnightly in the Employer's time and any employee who is not paid within 15 minutes from the time specified will be deemed to be working during the time such employee is kept waiting: Provided that clause 3.3.1 will not apply under circumstances beyond the control of the Employer. 3.3.2 Wages will be paid by electronic funds transfer into the employee's nominated account where this is mutually agreeable between the Employer and the majority of the Employees. PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK 4.1 Hours of work 4.1.1 Hours of Work - Other than Outside School Hours and Vacation Care -

(a) (i) The ordinary hours of work excluding meal breaks will be an average of 38 hours per week to be worked as follows:

38 hours within a work cycle not exceeding 7 consecutive days; or 76 hours within a work cycle not exceeding 14 consecutive days; or 152 hours within a work cycle not exceeding 28 consecutive days.

(ii) The 38 hour week will be based on one of the following:

by Employees working less than 8 ordinary hours each day; or by Employees working less than 8 ordinary hours one or more days each work cycle; or by fixing one or more work days on which all Employees will be off during a particular work cycle; or by rostering Employees off on various days of the week during a particular work cycle, so that each employee has one work day off during that cycle.

177

The method of implementation of the 38 hour week shall be agreed between the Employer and the majority of Employees in accordance with Appendix A to this Schedule.

(iii) Where the arrangement of ordinary hours of work provides for a rostered day off, the Employer and the majority of Employees concerned, may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, the accrued rostered days off will be taken within 12 calendar months of the day on which the first rostered day off was accrued.

(b) Except as hereinafter provided, such ordinary working hours will be worked between 6.00 a.m. and 7.00 p.m. on Monday to Friday inclusive and will not exceed 8 ordinary hours per day.

(c) An employee may, by agreement with the Employer, work up to a maximum of 10 ordinary hours per day.

(d) The Union may agree in writing with any Employer upon ordinary working hours to be worked outside the time specified in clause 4.1.1(a) .

(e) Non-Contact Time - Teachers -

(i) Full-time Teachers will not be required to teach an Educational Program for children for more than 27 1/2 hours per week. Subject to clause 4.1.1(e)(ii) Teachers may be engaged in supervising children during their remaining ordinary hours of duty.

(ii) Teachers will be provided with 2 hours of paid time per week to plan and prepare the educational programs which they are required to deliver and to give guidance, advice and assistance to other staff within Child Care Centres in the preparation and conduct of their developmental programs. The 2 hours per week is not to be part of the 27.5 hours per week that a Teacher may be required to teach. The Teacher is to be free of all other duties during this planning and preparation time.

4.1.2 Hours of Work - Outside School Hours Care and Vacation Care -

(a) Outside School Hours Care -

(i) The ordinary working hours will not exceed 38 hours in any one week and will be worked Monday to Friday inclusive.

(ii) An employee other than a full-time employee will be engaged for a minimum period of 2 hours per day:

Provided that the 2 hours may be broken into 2 periods of not less than 1 hour.

(iii) Such ordinary working hours will be worked between the hours of 6.00 a.m. and 7.00 p.m. for which the Broken Shift Allowance specified in clause 3.2.1 will be paid if Employees report for work twice per day.

(iv) Where co-ordinators are required wholly or mainly to supervise children during the operative hours of the program and are required to perform administrative duties in relation to the Outside School Hours Care program, they will be employed for additional time to perform these duties. This additional time will be the equivalent of not less than 15 minutes per hour, for each hour of contact time with the children.

(v) Where Employees are required to prepare equipment and facilities for the Outside School Hours Care program, they will be allowed adequate paid time to perform these duties.

(b) Vacation Care -

(i) The ordinary working hours will be worked continuously excluding meal breaks and will not exceed 38 hours in any one week:

Provided that where there is agreement between the Employer and the employee the ordinary working hours will not exceed 10 in any one day.

178(ii) Such ordinary working hours will be worked between 6.00 a.m. and 7.00 p.m. Monday to Friday, inclusive.

(iii) Where Employees are required to prepare equipment and facilities, or perform administrative duties for the Vacation Care program they will be allowed adequate paid time to perform these duties.

4.1.3 Rosters - Where the Employer prescribes the ordinary working hours for Employees by way of a roster, 12 hours' notice of any change of roster will be provided to the Employees: Provided however, that in the cases of sickness, unplanned absenteeism or where the Employer and the Employees concerned mutually agree, the roster may be changed with less than 12 hours' notice. 4.2 Overtime 4.2.1 Except as hereinafter provided, all time required to be worked outside or in excess of the ordinary hours of work prescribed by this Agreement, or outside of an employee's usual commencing and ceasing times, will be deemed to be overtime and will be paid for at the rate of time and a half for the first 3 hours and double time thereafter. 4.2.2 All overtime worked on a Sunday will be paid for at the rate of double time, and all overtime worked on a Saturday or Sunday will be paid for with a minimum payment as for 2 hours' work. 4.2.3 An employee recalled from home to work overtime, after having left the premises of the Employer, will be paid a minimum of 2 hours at overtime rates. 4.2.4 In the computation of overtime payments, any part of a quarter of an hour worked on any one day will count as a full quarter-hour worked. 4.2.5 In lieu of the provisions contained in clauses 4.2.1, 4.2.2 and 4.2.3 above, the Employer and an employee may agree that overtime may be taken as time off in lieu of payment. 4.2.6 Where there is agreement for the taking of time off in lieu of overtime, such time off will be calculated on a time for time basis according to the number of overtime hours that the employee worked. Such time off in lieu will be taken at a mutually agreed time within 30 days of accrual: Provided that where an employee terminates or is terminated, payment of any accrued time off in lieu will be paid at the appropriate overtime rate. Subject to mutual agreement between the Employer and the employee directly affected, the time off in lieu may be added to an employee's annual leave. A record of time accrued and time taken off in lieu will be kept by the Employer. 4.2.7 A maximum of 4 hours per day calculated in accordance with clause 6.2.6 above and 12 hours per week may be taken as time off in lieu. 4.3 Meal breaks 4.3.1 Except as hereinafter provided when an employee is employed for at least 6 hours, such employee will be allowed not less than 30 minutes and not more than one hour for a meal not later than 5 hours after commencing work: Provided that in lieu of the foregoing, by mutual agreement between an employee and the Employer an employee may be allowed a paid crib break of one-half hour, such period to be counted as time worked where the employee may be required to supervise children. 4.3.2 If an employee is required to work through the meal period, other than as prescribed in the proviso to clause 4.3.1, the time worked will be deemed to be overtime and paid for at the rate of double time and such double time payment will continue until such time as the employee finishes work or is allowed a half-hour meal break for which no deduction of pay will be made. 4.3.3 Any employee who is required to continue working for more than 2 hours beyond the ordinary ceasing time will be provided with an adequate meal by the Employer or paid an amount of $9.60 in lieu thereof: Provided that where an employee has provided their own meal because of receipt of notice to work overtime and such overtime is not worked, they will be paid $9.60 for any meal so provided. 4.4 Rest pauses

179 4.4.1 Weekly Employees - Weekly Employees will receive a rest pause of 10 minutes' duration in the first half and the second half of each day worked. 4.4.2 Casual Employees - Casual Employees who work a minimum of 4 consecutive ordinary hours but less than 7.6 consecutive ordinary hours, will receive a rest pause of 10' minutes duration. Employees who work a minimum of 7.6 consecutive ordinary hours will receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked. 4.4.3 Rest pauses will be taken in the Employer's time. 4.4.4 Rest pauses will be taken at times to suit the Employer and where the Employees agree the rest pauses may be combined so that the employee has one rest pause of 20 minutes' duration each day. 4.5 Start and finish times Employers and Employees will strictly adhere to start and finish times. 4.6 Payment for meetings 4.6.1 In each calendar month, where an employee is expected by the Employer to attend a meeting or meetings, outside of the employee's ordinary paid working hours and/or usual commencing or ceasing time, such attendance shall be paid for at a minimum rate of:

(a) single time for the first 11/2 hours;

(b) time and a half for all time in excess of 11/2 hours and up to and including 3 hours;

(c) double time for all time in excess of 3 hours; or

(d) the actual remuneration being paid for such attendance by the Employer prior to 27 June 2006, whichever is the greater.

4.6.2 In clause 4.6, "meeting" includes, but is not limited to, staff meetings, meetings to discuss accreditation requirements, meetings with parents and meetings where training is delivered. PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 5.1 Annual leave 5.1.1 Period of annual leave - Every employee (other than a casual employee) covered by this Schedule will at the end of each year of employment be entitled to 4 weeks annual leave on full pay as set out hereunder. Unless the employee will otherwise agree, the Employer will give the employee at least 14 days' notice of the date from which annual leave will be taken. Such annual leave will be exclusive of any public holiday which may occur during the period of that annual leave and will be paid by the Employer in advance -

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this Schedule at the excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Schedule.

If the employment of any employee is terminated at the expiration of a full year of employment, the Employer will be deemed to have given the holiday to the employee from the date of the termination of the employment and will forthwith pay to the employee, in addition to all other amounts due, such employee's pay, calculated in accordance with clause 5.1.2, for 4 weeks and also such employee's ordinary pay for any public holiday occurring during such period of 4 weeks.

180If the employment of any employee is terminated before the expiration of a full year of employment, such employee will be paid in addition to all other amounts due, an amount equal to 1/12th of such employee's pay for the period of employment calculated in accordance with clause 5.1.2. Except as hereinbefore provided it will not be lawful for the Employer to give or for any employee to receive payment in lieu of annual leave. Part-time Employees will be entitled to pro rata annual leave based upon the average number of hours worked per week. 5.1.2 Calculation of annual leave Pay - In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments) will be calculated as follows:

(a) All Employees - Subject to provisions of clause 5.1.2(b) , in no case will the payment by an Employer to an employee be less than the sum of the following amounts:

(i) The employee's ordinary wage rate as prescribed by the Schedule for the period of the annual leave.

(ii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 5.1.2(a)(i).

(b) The provisions of clause 5.1.2(a) will not apply to:

(i) Any period or periods of annual leave exceeding 4 weeks.

(ii) Employers (and their Employees) who are already paying or receiving an annual leave bonus, loading or other annual leave payment which is not less favourable to Employees.

PART 6 - TRAINING AND RELATED MATTERS 6.1 Training 6.1.1 The Parties to this Agreement recognise that in order to increase the efficiency and productivity of the enterprise and also the national and international competitiveness of the industries covered by this Schedule, a greater commitment to training and skill development is required. Accordingly, the Parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;

(b) providing Employees with career opportunities through appropriate training to acquire additional skills; and

(c) removing barriers to the use of skills acquired.

6.2 Professional development leave - Teachers Teachers will be provided with 5 paid days per annum professional development leave in addition to annual leave. Three of these days will be structured professional development days designated by the Employer. A Teacher will be required to attend the equivalent of the other 2 days at a time mutually agreed between the Teacher and the Employer. 6.3 Apprentices and trainees 6.3.1 Introduction of additional training and wage progression conditions for apprentices and trainees With the introduction of new training and wage progression structures, Employers, the relevant Union/s, apprentices and trainees will co-operate to achieve its effective introduction. This process will require the Parties to: familiarise themselves with the new training qualifications; examine the outcomes and impact associated with the National review of the Community Services Training Package;

(a) where relevant, transfer current Employees, apprentices and trainees from their existing wage level to their appropriate new wage level;

181

(b) ensure that the new training and wage progression structure is implemented;

(c) ensure that students and apprentices and trainees who enter an apprenticeship or traineeship by way of conversion from a previous Training Contract are appropriately classified according to their qualification and aggregated periods of time served under previous Training Contracts or indenture;

(d) identify and resolve any problems created by the transition;

(e) inform their industrial representatives of any problems encountered or envisaged; and

(f) resolve any difficulties or problems associated with the implementation of the new training and wage progression structure in accordance with - clause 3.1 (Grievance and dispute settling procedure);

6.3.3 Objectives The objectives of this Part are to establish a training and wages framework for persons undertaking training or an apprenticeship or traineeship, including those apprenticeships and traineeships that are in accordance with qualifications within the Community Services Training Package approved or recognised by the Training Recognition Council. It is acknowledged that the qualifications that support the child care industry are under continuous review and that they may result in amendments to this Part from time to time. The arrangements within this Part are not to be regarded as a precedent in any other proceeding by any party or in any other proceeding whatsoever. 6.3.4 Application This Part will apply to all apprentices and trainees who are registered with the Training Recognition Council. 6.3.5 Definitions

(a) "Act" will mean the Training and Employment Act 2000 (for the purposes of clause 6.3)

(b) "Community Services Training Package" will mean a series of industry based and nationally recognised qualifications, competency standards and assessment guidelines that are endorsed by the Australian Quality Training Framework. The Community Services Package may also be supported by non-endorsed components such as learning strategies, assessment resources and professional development materials.

(c) "Competencies" will mean the units and elements of competence to be achieved by an apprentice or trainee as specified in the relevant Community Services Training Package qualification or other qualification approved by the Training Recognition Council.

(d) "Part-Time Apprentice or Trainee" will mean an apprentice or trainee who undertakes an apprenticeship or traineeship on a part-time basis in accordance with clause 6.3.7(a).

(e) "Qualification" will mean a qualification approved by the Training Recognition Council within the meaning of the Child Care Act 1991 and issued by the relevant Supervising Registered Training Organisation.

(f) "Recognition of Prior Learning" will mean the process whereby competencies already attained by an individual (for example, through formal and informal training, work or life experiences) can be assessed and recognised as fulfilling certain components or competencies of the qualification.

(g) "School-based apprentice or trainee" will mean a secondary school student who is 17 years of age or older who has entered into a Training Contract with an Employer that also involves an arrangement with the school and/or institution in accordance with clause 6.3.7(b).

(h) "Supervising Registered Training Organisation" will mean an organisation such as a secondary school, TAFE or a private provider that meets the registration requirements within the Child Care Act 1991 with respect to the delivery of particular qualifications and the assessment of the achievement of competence.

(i) "Training Recognition Council" will bear the meaning and powers as defined in the Child Care Act 1991.

182(j) "Training Contract" will bear the meaning contained in the Child Care Act 1991 and will include any other Training Contract or indenture recognised by the Training Recognition Council.

(k) "Training Plan" will mean a structured plan to enable an apprentice or trainee to attain the competencies for a particular qualification. Training Plans will be developed by Supervising Registered Training Organisations, in conjunction with the Employer and apprentice or trainee.

(l) "Training Record" will bear the meaning within the Child Care Act 1991.

6.3.6 Training conditions The apprentice or trainee will be permitted by the Employer to undertake a qualification in accordance with the provisions of the Child Care Act 1991 and the delivery arrangements approved by the Training Recognition Council. This will involve progression through an individual Training Plan, which outlines agreed competencies, training methods and monitoring arrangements, which is developed in conjunction with the Supervising Registered Training Organisation. On commencement the Employer will request that the apprentice or trainee be assessed by the relevant Supervising Registered Training Organisation to determine the competencies possessed relative to the qualification to be undertaken. Such assessment outcomes will be identified in the apprentice's or trainee's Training Plan and/or Training Record. Employers will provide adequate supervision for apprentices and trainees to the extent that each participant has the opportunity to ensure that all qualification outcomes are achieved. As a minimum, the ratio of adequately qualified supervisory staff to apprentices and trainees will be as follows: one qualified staff member (at AQF certificate level III or above) to a maximum of 2 trainees (or full-time equivalent thereof); and/or one qualified staff member (at Diploma level or above) for each apprentice (or full-time equivalent). In clause 6.3.6, supervisory staff will possess a qualification that is consistent with child care legislation for the classifications of: - Group leader; - Assistant Director; or - Co-ordinator. Officers of the Training Recognition Council will monitor the overall training program. The Training Plan and/or the training record may be utilised as part of this monitoring process. It is the responsibility of the relevant Supervising Registered Training Organisation in conjunction with the Employer, to conduct ongoing assessment of the apprentice or trainee. This ongoing assessment is to ensure that the apprentice or trainee is making adequate progress towards the achievement of competencies and associated minimum training requirements in the qualification. 6.3.7 Employment conditions

(a) Part-Time Apprentices/Trainees

An apprentice or trainee may be engaged on a part-time basis and be remunerated on a part-time basis in accordance with the provisions of this Part.

Notwithstanding the provisions of the Schedule, the ordinary hours of work including on and off-the-job training for a part-time apprentice or trainee will be employed and paid not less than an average of 15 hours per week over each 4 week period throughout the duration of the Training Contract.

A part-time apprentice or trainee will have regular hours of work, and will be rostered to work on a regular and continuous basis.

(b) School-based Apprentices and Trainees

School-based apprenticeship or traineeship training arrangements require:

183that the apprentice or trainee be 17 years of age or older at the commencement of the apprenticeship or traineeship;

a Training Contract, involving on-the-job training and productive work, signed by the Employer and the apprentice or trainee and their guardian where appropriate;

off-the-job training supervised through a Supervising Registered Training Organisation;

that the student/employee attends secondary school and/or institution offering secondary courses; and

progression towards the attainment of a senior secondary certificate and completion of or progress towards a nationally recognised vocational education and training qualification.

The minimum hours provided for part-time apprentices and trainees will not apply to school-based apprentices and trainees.

When a student ceases to be enrolled in a school and/or institution offering secondary courses and the student has not completed the apprenticeship/traineeship, they will continue as an apprentice or trainee in accordance with the Training Contract on either a full-time or part-time basis.

(c) College Attendance and Rostered Days Off

Where an apprentice's or trainee's rostered day off, or days off, coincide with attendance at a course of instruction that leads to a qualification, the rostered day off will not be a rostered day off for the apprentice or trainee and will be substituted by one of the following methods:

the equivalent of the time spent at the course of instruction may be added to apprentice or trainee's annual leave (but does not attract leave loading);

payment for the equivalent of the time spent at the course of instruction may be made to the apprentice or trainee on the next succeeding pay day;

the apprentice or trainee may be allowed the equivalent of the time spent at the course of instruction in lieu of such rostered day off.

Unless otherwise agreed between the Employer and the apprentice or trainee, such time in lieu will be taken within 28 days of the rostered day off falling due.

All other payments for college attendance will be consistent with Section 392 of the Industrial Relations Act 1999.

6.3.8 Existing Employees In clause 6.3.8, "existing employee" will mean a person who has been employed for at least 3 months immediately prior to becoming an apprentice or trainee with the Employer. Existing Employees may participate in apprenticeships and traineeships. An existing employee will not be required to serve any probationary period in relation to their contract of employment or for the purposes of the Child Care Act 1991. A trial period, in accordance with Training Recognition Council Policy, may be set for the purpose of assessing the employee's suitability for training under a Training Contract. Where the employee proves to be unsatisfactory for training under a Training Contract, the person will revert to employment at least equal in status to the classification held prior to the commencement of their Training Contract. Where existing Employees commence an apprenticeship or traineeship, the Employer will endeavour to minimise any adverse affects on other Employees. Additionally, such other Employees will not be displaced from or disadvantaged in their employment by the engagement of new apprentices or trainees. Existing Employees will not suffer a reduction in their ordinary hourly rate of pay by virtue of becoming an apprentice or trainee: Provided that existing Employees who were casually engaged prior to becoming employed as a full-time or part-time apprentice or trainee will not be entitled to retain their casual loading.

184Existing Employees whose Training Contract is completed or cancelled and subsequently remain in their Employer's employ, will revert to employment at least equal in status to the classification held prior to the commencement of their Training Contract. They will only advance to an employment level commensurate with their qualification when a vacancy occurs in a position assigned to that level. 6.3.9 Wages

(a) Entry Wage Level and Transition Wage Arrangements

Apprentices or trainees who enter an apprenticeship or traineeship by way of conversion from a previous Training Contract, whether fully or partly completed, will receive:

the appropriate year/wage level previously attained and paid, whichever is the greater. In determining the appropriate year/wage level, aggregated periods of credit and time served under previous Training Contract/s will be taken into account.

Where an apprentice or trainee transitions from one qualification to another within an existing Training Contract (e.g. Certificate III in Children's Services Traineeship transitioned to Certificate III in Community Services (Children's Services)), they will retain the wage level for the initial qualification undertaken as a minimum and progress thereafter in accordance with the minimum requirements for the new qualification.

6.3.9 may progress the matter through clause 2.2 - Grievance and dispute settling procedure of this Agreement.

(b) Wage Progressions

Progression through the Wage Levels will be based upon the completion of aggregated periods of time as specified in the relevant Table in clause 6.3.9(c)(ii) and/or recorded in the Training Plan and/or the Training Record.

Where the Employer considers that the apprentice is failing to make reasonable progress, the Employer will notify the Training Recognition Council in accordance with the provisions of section 82 of the Child Care Act 1991 before the completion of the aggregated period specified in the Table.

In this situation the apprentice will not progress automatically to the next Wage Level through the elapsing of the specified aggregated time. Progression thereafter will be on the achievement of competencies as managed by the Supervising Registered Training Organisation.

If an Employer fails to notify the Training Recognition Council as specified above, the apprentice or trainee will progress to the next Wage Level at the completion of the aggregated period referred to in the relevant Table.

(c) Wages and Other Conditions

(i) Trainees and apprentices in the first year of their nominal 3 year apprenticeship will be entitled to Wage Level 1 rates as follows:

Wage Level 1

AGE PERCENTAGE OF RELEVANT ADULT RATE *

Under 18 Years 55 18 and under 19 Years 65 19 and under 20 Years 75 20 and under 21 Years 85 Adults 80 (see Note 1 below)

Note: 1.* The relevant adult rate for persons employed in the Other Than Outside School Hours sector will be as follows: Adults - Assistant Children's Services Worker - Unqualified - Year 2 All other ages - Assistant Children's Services Worker - Unqualified - Year 1.

185 The Relevant Adult Rate for persons employed in the Outside School Hours Care and Vacation Care sector will be as follows: Adults - Assistant - Year 2 All other ages - Assistant - Year 1.

(ii) Apprentices in the second and third year of their nominal 3 year apprenticeship will be entitled to Wage Level 2 and 3 wages and progression as follows:

Wage Levels 2 and 3

Wage Level Minimum Training Requirements on Entry

% of Relevant Adult Rate*

2

On completion of an AQF Level III Certificate in child care traineeship or an aggregated period of 12 months after commencing the apprenticeship.

80

3

On completion of an aggregated period of 2 years after commencing the apprenticeship or 12 months at Wage Level 2, whichever is the earlier.

90

Exit (AQF Level V Diploma)

On completion of an aggregated period of 3 years after commencing the apprenticeship or 12 months at Wage Level 3, whichever is the earlier.

100

Note: The Relevant Adult Rate for persons employed in the Other Than Outside School Hours Sector will be as follows: Group Leader - 2 Year Qualified - Year 1 The Relevant Adult Rate for persons employed in the Outside School Hours Care and Vacation Care sector will be as follows: Co-ordinator - Qualified - Year 1

(d) Part-time and school-based apprentices/trainees Wages for part-time and school-based apprentices and trainees will be based on the wage progression arrangements for apprentices and trainees calculated on a pro rata basis. The part-time and school-based rate will be used as the ordinary time rate for the calculation of overtime, penalties and all other purposes of the Schedule: Provided that a school-based apprentice or trainee will receive a loading of 19% of the ordinary time rate in consideration of non-payment for: time spent at school and/or institution or undertaking off-the-job training; annual leave; sick leave; and public holidays, where the school-based apprentice or trainee is not required to work on such days. Where the Table in clause 6.3.9(c)(ii) specifies that the minimum training requirements of an apprenticeship will be based on the achievement of competencies or a period of aggregated time after commencing a wage level, the aggregated period of time specified refers to full-time apprentices and trainees. For part-time apprentices and trainees, the minimum period of time specified for wage progression arrangements will be double that specified for full-time apprentices. 6.3.10 Qualifications obtained through institutional training Graduates of pre-trade or other institutionally delivered programs relevant to the child care industry up to the equivalent of an AQF Level III qualification will commence apprenticeships at Wage Level 1 and 6 months after commencing their apprenticeship, will progress to Wage Level 2. 6.4 Training and related matters - General

186 The Parties commit themselves to continuing and upgrading the training provided to Employees. It is agreed that the Parties will co-operate in ensuring that training is maintained and improved and that qualifications within the Community Services Training Package will be utilised and accessed where appropriate. This training will form the basis of an enhanced career structure in the industry. 6.5 Skill development courses 6.5.1 Where a child care worker as defined in the Child Care Legislation attends a course or conference relevant to their employment outside of ordinary working hours the Employer is to:

(a) pay the cost of the course or conference;

(b) provide transport to the course or conference or pay the allowance to the employee specified in clause 3.2.2 for travel to and from the conference;

(c) pay all other expenses associated with attending the course or conference, including accommodation expenses.

6.5.2 Time spent travelling to and attending courses/conferences outside of ordinary working hours is unpaid time. 6.5.3 Where a child care worker as defined in the Child Care Legislation attends a course or conference relevant to their employment during ordinary working hours, the employee shall not suffer any loss of pay. 6.5.4 The Employer is not to unreasonably withhold permission for an employee to attend a course/conference either during or outside ordinary working hours. 6.6 Financial assistance to obtain qualifications 6.6.1 Clause 9.6 does not apply to qualifications undertaken as part of a traineeship or apprenticeship under the Vocational Education, Training and Employment Act 2000. 6.6.2 Where there is a mandatory requirement for the employee to possess or enroll in a Certificate III in Children's Services or where the Employer requires and/or approves an employee to undertake other studies such as a Diploma or higher qualification in Children's Services or Education, the following will apply:

(a) Financial assistance to undertake a Diploma or higher qualification is dependant on the Employer requiring or approving the child care worker to undertake the applicable course.

(b) Where the employee undertakes a Certificate III, Diploma or higher qualification then the Employer shall contribute 50% of the approved course in 2 equal installments; 25% on commencement and 25% on completion, subject to satisfactory proof of successful completion of the course being provided to the Employer.

(c) The employee will refund the Employer the initial 25% paid if the course is not completed unless it is not completed for unforeseen circumstances e.g. serious illness, family bereavement or other reasons which are no less compelling. Such reimbursements shall be paid under mutually agreed arrangements between the employee and the Employer.

(d) Unless an agreement is reached between the Employer and the employee that the Employer will pay the training costs directly to the training provider, the employee will pay for the course and be reimbursed by the Employer. Such reimbursement will be made to the employee within 14 days of proof to the Employer of the initial payment being made by the employee and proof of successful completion of the course, respectively.

(e) The Employer shall reimburse the employee 50% of the cost of the prescribed textbooks and other prescribed course materials. Such reimbursement will be made to the employee within 14 days of the production of the receipts.

(f) Where any disputes arise over financial assistance then the grievance procedure contained in the Schedule is to be accessed.

PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 7.1 First aid kit

187 A first-aid cabinet will be available for Employees in cases of accidents. Such first-aid cabinet will be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995, relating to such first-aid cabinets. 7.2 Uniforms Where Employees are required to wear uniforms and/or aprons, such uniforms and/or aprons will be supplied, maintained and laundered at the Employer's expense and will remain the property of the Employer: Provided that where, by mutual agreement, an employee launders such items of clothing, the employee will be paid an allowance of $2.00 per week on that account or 40¢ per day for part-time or casual Employees. 7.3 Dressing accommodation The Employer will provide the Employees with reasonable accommodation for dressing purposes. Appendix A 38 Hour Week - Procedures for enterprise level discussions 1. The Employer and all Employees concerned in each establishment will consult over the most appropriate means of implementing and working a 38 hour week. 2. The objective of such consultation will be to reach agreement on the method of implementing and working the 38 hour week. 3. The outcome of such consultation will be recorded in writing. 4. In cases where agreement cannot be reached as a result of consultation between the Parties, either party may request the assistance or advice of their relevant employee or Employer organisation. 5. Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by Employees, the Employer will have the right to make the final determination as to the method by which the 38 hour week is implemented or worked from time to time. 6. After implementation of the 38 hour week, upon giving 7 days' notice or such shorter period as may be mutually agreed upon, the method of working the 38 hour week may be altered, from time to time, following negotiations between the Employer and Employees concerned, utilising the foregoing provisions of Appendix A, including clause 5 . 7. Any dispute relating to the method of implementation of the 38 hour week will be resolved by use of the Grievance and dispute settling procedure in clause 2.2 of this Agreement.

188

SCHEDULE 22

LAUNDRY WORKERS’ EMPLOYMENT ARRANGMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Schedule is known as the Laundry Workers Employment Arrangement’s.

1.2 ARRANGEMENT

Subject Matter Clause No.

Part 1 - Application and Operation

Title 1.1 Arrangement 1.2 Coverage 1.3 Definitions 1.4 Area of operation 1.5 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

Employment categories 2.1 Part-time employment 2.2 Casual employment 2.3 Proportion of juniors 2.4 Incidental and peripheral tasks 2.5

PART 3 - WAGES AND WAGE RELATED MATTERS

Wage rates 3.1 Allowances 3.2

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

Hours of work 4.1 Meal breaks 4.2 Rest pauses 4.3 Overtime 4.4 Shift work 4.5

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

Annual leave 5.1 Absenteeism control measures 5.2

PART 6 - TRAINING AND RELATED MATTERS

Commitment to training 6.1

PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

Amenities 7.1 Clothing equipment and tools 7.2 Occupational health and safety 7.3

1891.3 COVERAGE

1 This Schedule applies to Employees engaged as laundry workers by the Employer.

1.4 DEFINITIONS

The "Act" means the Workplace Relations Act 1996 as amended or replaced from time to time. "Commission" means the Queensland Industrial Relations Commission. "Union" means The Australian Workers' Union of Employees, Queensland.

1.5 AREA OF OPERATION

For the purpose of this Schedule, the divisions and districts are as follows: 1.5.1 Divisions Northern Division - That portion of the State along or north of a line commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude due west to the western border of the State. Mackay Division - That portion of the State within the following boundaries - Commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of south latitude; then by that parallel of latitude due east to the sea-coast; then by the sea-coast northerly to the point of commencement. Southern Division - That portion of the State not included in the Northern or Mackay Divisions, exclusive of the Local Authority Area of the City of Brisbane. 1.5.2 Districts

(a) Northern Division:

Eastern District - That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude.

Western District - The remainder of the Northern Division.

(b) Southern Division:

Eastern District - That portion of the Southern Division along or east of a line commencing at the junction of the State with 150 degrees of east longitude, exclusive of the Local Authority Area of the City of Brisbane; then by that meridian of longitude due north to 25 degrees of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due north to the southern boundary of the Mackay Division.

Western District - The remainder of the Southern Division.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 EMPLOYMENT CATEGORIES

2.1.1 Employees (other than casuals) covered by this Schedule shall be advised in writing of their employment category

upon appointment.

Employment categories are: (a) full-time; (b) part-time (as prescribed in clause 2.2); or (c) casual (as prescribed in clause 2.3).

1902.2 PART-TIME EMPLOYMENT

Employees may be engaged as part-time workers subject to the following conditions: 2.2.1 The spread of ordinary working hours shall be the same as those prescribed for full-time Employees. 2.2.2 The number of ordinary working hours in any one week shall not be less than 16 and shall not exceed 32. 2.2.3 The ordinary daily working hours shall be worked continuously, excluding meal breaks, and shall not be less than

4 hours or more than 8 hours per day. 2.2.4 Employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38. 2.2.5 Employees shall be entitled to a proportionate amount of annual leave, sick leave, long service leave, bereavement

leave and all public holidays as prescribed for weekly Employees. 2.2.6 In each instance the proportionate entitlement shall be determined by dividing the average number of hours

worked each week by 38. 2.2.7 Part-time Employees who work a minimum of 4 consecutive ordinary hours but less than 8 consecutive ordinary

hours on any one day shall receive a rest pause of 10 minutes' duration.

Part-time Employees who work a minimum of 8 consecutive ordinary hours (excluding the meal break) shall be entitled to the same rest pauses as prescribed in clause 4 3, for weekly Employees.

Rest pauses shall be taken at times to suit the convenience of the Employer so as not to interfere with the continuity of work where continuity is necessary.

2.2.8 Subject to the provisions contained herein all other provisions of the Schedule relevant to full-time Employees

shall apply to part-time Employees.

2.3 CASUAL EMPLOYMENT

2.3.1 A casual worker, that is a person who is employed for less than 38 hours in any one week, shall be paid 25% in

addition to the rates of wages prescribed by clause 3.1 for Employees employed within that District. 2.3.2 Casual Employees who work a minimum of 4 consecutive ordinary hours but less than 8 consecutive ordinary

hours on any one day shall receive a rest pause of 10 minutes' duration. 2.3.3 Part-time Employees who work a minimum of 8 consecutive ordinary hours (excluding the meal break) shall be

entitled to the same rest pauses as prescribed in clause 4.3, for weekly Employees.

2.4 PROPORTION OF JUNIORS

The proportion of juniors that may be employed shall not exceed 2 to every adult employed under this Schedule.

2.5 INCIDENTAL AND PERIPHERAL TASKS

2.5.1 An Employer may direct an employee to carry out such duties as are reasonably within the limits of the

employee's skill, competence and training. 2.5.2 An Employer may direct an employee to carry out such duties and use such tools and equipment as may be

required provided that the employee has been properly trained in the use of such tools and equipment. 2.5.3 Any direction issued by an Employer pursuant to clauses 2.5.1 or 2.5.2 shall be consistent with the Employer's

responsibilities to provide a safe and healthy working environment.

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 WAGE RATES

The minimum rates of wages payable to Employees shall be as outlined in Schedule X –Wages and Allowances.

1913.2 ALLOWANCES

3.2.1 Divisional and district parities Employees employed outside the Eastern District of the Southern Division shall be paid the following amounts in addition to the rates of wages prescribed by clause 3.2.1 for Employees employed within that District: Northern Division, Eastern District $1.05 Northern Division, Western District 3.25 Mackay Division 0.90 Southern Division, Western District 1.05 3.2.2 Afternoon and night shift allowance

(a) In addition to the rates of pay prescribed by clause 3.1 (Wages) of this Schedule, Employees whilst engaged on afternoon shift and night shift, as defined, shall be paid an additional penalty rate for each such shift as follows:

Afternoon shift 12.5% (or $9.70 whichever is the greater) Night shift 15% (or $9.70 whichever is the greater)

(b) For the purposes of clause 3.2.2 the percentage which is quoted shall be the amount which is payable for each

shift in addition to the employee's ordinary time wage rate.

(c) No employee shall as a result of clause 3.2.2 suffer any reduction to their current entitlement to shift allowance.

(d) This additional shift allowance shall not apply to shift work performed on a Saturday and/or Sunday. All

ordinary time worked by shift workers between midnight Friday and midnight Sunday shall be paid for at the rate of time and a-half.

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 Day workers

(a) Subject to clause 4.1.3, the ordinary hours of work for all Employees shall be an average of 38 per week, to be worked on one of the following bases: (i) 38 hours within a work cycle not exceeding 7 consecutive days; or

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

(b) The ordinary hours of work prescribed herein may be worked on not more than 5 consecutive days in a week,

Monday to Friday inclusive, subject to the following:

(c) The ordinary hours of work prescribed herein for day workers shall be worked continuously, except for meal breaks between 6.00 a.m. and 6.00 p.m.:

Provided further that work done outside the hours of 6.00 a.m. to 6.00 p.m. shall be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 4.1.3.

(d) The commencing time within the spread of hours may be altered by the Employer giving at least 7 days

notice to Employees:

Provided the ordinary starting and finishing times of various groups of Employees or individual Employees may be altered or staggered subject to agreement of the Employer and the majority of Employees.

(e) The ordinary hours of work prescribed herein shall not exceed 10 hours any day:

192

Provided that where the ordinary working hours are to exceed 8 on any day the arrangement of hours shall be subject to the agreement of the Employer and the majority of Employees involved.

(f) The ordinary hours for all Employees engaged on weekly hiring shall be worked according to a roster

showing the starting and finishing times on each day and the surname and initials of each employee. The starting and ceasing times for a particular day of the week Monday to Friday inclusive shall be the same as from week to week. The roster shall be prepared by the Employer and shall be posted in a conspicuous place or places accessible to the Employees concerned. Such roster shall be alterable by mutual consent at any time or by the giving of a least 7 days' notice by the Employer to the employee or Employees concerned. Provided that hours outside those specified in clause 4.1.1 may be agreed upon in writing between the Employer and the relevant officer, the Union, for the purpose of suiting particular local conditions.

(g) The ordinary working hours of shift workers shall be those prescribed by clause 4.5.

4.1.2 Working of 38 hour week

(a) The 38 hour week shall be worked in one of the following ways, most suitable to the particular Employer, after consultation with, and giving reasonable consideration to the wishes of the Employees concerned:-

(i) by Employees working less than 8 ordinary hours each day; or

(ii) by Employees working less than 8 ordinary hours on one or more days each work cycle; or

(iii) by fixing one or more work days on which all Employees will be off during a particular work cycle; or

(iv) by rostering Employees of on various days of the week during a particular work cycle, so that each

employee has one work day off during that cycle.

(b) Subject to clause 4.1.2(a), Employees may agree that the ordinary hours of work are to exceed 8 on any day, thus enabling more than one work day to be taken off during a particular cycle.

(c) Notwithstanding any other provision clause 4.1.2, where the arrangement of ordinary hours of work provides

for a rostered day off, the Employer and the majority of Employees concerned, may agree to accrue up to a maximum of 5 rostered days off. Where such an agreement has been reached, the accrued rostered days off shall be taken within 12 calendar months of the date of which the first rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

(d) When the ordinary working cycle provides for a rostered day off, the rostered day off shall not fall on a

public holiday, but shall be on the ordinary working day immediately before or immediately after the public holiday, or deferred in accordance with clause 4.1.2(c).

(e) Different methods of working of the 38 hour week may apply to individual Employees, groups or sections of

Employees in the organisation concerned. 4.1.3 Procedures for enterprise level discussions

(a) The Employer and all Employees concerned in each establishment shall consult over the most appropriate means of working a 38 hour week.

(b) The objective of such consultation shall be to reach agreement on the method of working the 38 hour week in

accordance with clause 4.1.2.

(c) The outcome of such consultation shall be recorded in writing.

(d) In cases where agreement cannot be reached as a result of consultation between the Parties, either party may request the assistance or advice of their relevant employee or Employer organisation.

(e) Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by

Employees, the Employer shall have the right to make the final determination as to the method by which the 38 hour week is implemented or worked form time to time.

193(f) Upon giving 7 days notice or such shorter period as may be mutually agreed upon, the method of working the

38 hour week may be altered, from time to time, following negotiations between the Employer and Employees concerned, utilising the provisions of clause 6.1.

4.1.4 Method of payment for ordinary hours of work

Ordinary hours for all Employees shall be paid on the basis of not more than 38 per week, on an averaged basis according to the work cycle, notwithstanding that in excess of 38 ordinary hours may be worked to maximise leisure time off in accordance with clause 4.1.2:

Provided also that the ordinary daily working hours prescribed by the various sections of this Schedule may as an alternative be as agreed between the Employer and the relevant officer of the Union.

4.2 MEAL BREAKS

4.2.1 Except as hereinafter provided Employees shall be entitled to a daily meal break of not less than one hour between

the 4th and 6th hours from the commencement of work:

Provided that the daily meal break may be reduced to 30 minutes where mutually agreed upon in writing between the Employer and the relevant officer of the Union.

4.2.2 All work done during the recognised meal break shall be paid for at the rate of double time, such payment to

continue until a meal break has commenced. Such meal break shall be of the duration prescribed for the ordinary hours of work by clause 4.2.1.

4.2.3 Hot water shall be provided by the Employer for meal breaks and rest pauses.

4.3 REST PAUSES

4.3.1 Weekly Employees Weekly Employees shall receive a rest pause of 10 minutes duration in the 1st and 2nd half of each day worked or may be combined into one 20 minute rest break. Where rest pauses are combined the working day shall be divided into 3 approximately equal periods of work. 4.3.2 Casual Employees Casual Employees who work a minimum of 4 consecutive ordinary hours but less than 8 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Casual Employees who work a minimum of 8 consecutive ordinary hours (excluding the meal break) shall be entitled to the same rest pauses as prescribed in clause 4.3 for weekly Employees. 4.3.3 Rest pauses shall be taken in the Employer's time. 4.3.4 Rest pauses shall be taken at times to suit the convenience of the Employer so as not to interfere with the

continuity of work where continuity is necessary. 4.3.5 Where there is agreement between the Employer and the relevant officer of the Union, periods of work may be

rearranged so that there is less disruption to certain work by varying the times that such rest pauses may be taken.

4.4 OVERTIME

4.4.1 All time worked in excess of 38 hours per week or 8 per day or outside the spread of ordinary working hours or

outside an employee's ordinary hours of duty, shall be deemed overtime and shall, except as hereinafter provided, be paid for at the rate of time and a-half for the first 3 hours on any one day and double time thereafter:

Provided that if Employees are called upon to work overtime commencing on Saturday they shall be paid at the rate of time and a-half for the first 3 hours and double time thereafter with a minimum of 2 hours work or payment therefor:

Provided further that all overtime worked by shift workers shall be paid for at the rate of double time.

1944.4.2 All time worked on Sundays shall be paid for at double rates with a minimum of 2 hours' work or payment

therefor. 4.4.3 Where an employee is required to work for more than 2 hours on any day beyond their ordinary finishing time,

they shall be allowed a break of 30 minutes for a meal before overtime work is commenced and shall be paid the sum of $9.60 extra as tea money in addition to overtime rates:

Provided that where the employee has been notified on the previous day that the employee would be required to work overtime the Employer shall not be liable for the meal or the amount of $9.60 in lieu.

4.4.4 Where the employee has provided themself with customary meals because of receipt of notice to work such

overtime, the employee shall in the event of work not being done, or ceasing before the respective meal time, be paid an allowance of $9.60 for each meal provided.

4.4.5 All Employees, after working 4 hours overtime, shall be entitled to another break of 30 minutes and a further

allowance of $9.60 for a meal, with a further break of 30 minutes and an allowance of $9.60 for each additional 4 hours overtime worked thereafter.

4.5 SHIFT WORK

4.5.1 Employees covered by this Schedule may be required to perform shift work under and in accordance with the

provisions of clause 4.5. 4.5.2 "Shift work" shall mean work done by separate relays of Employees working recognised hours, preceding, during

or following the ordinary working hours on a regular rotating basis provided in a shift roster which shall be prepared by the Employer and shall be posted in a conspicuous place or places accessible to the Employees concerned.

4.5.3 The ordinary workings hours of shift workers shall average 38 hours per week inclusive of crib time and shall not

exceed 152 hours in 28 consecutive days, to be worked according to a roster agreed upon between the Employer and the majority of Employees. A copy of the agreed roster shall be provided to the relevant officer of the Union prior to commencement of that roster.

4.5.4 A shift shall consist of not more than 10 hours inclusive of crib time:

Provided that:

(a) in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift the arrangement of hours shall be subject to agreement between the Employer and the majority of Employees in the work section or sections concerned and subject to:

(i) proper health and monitoring procedures being introduced;

(ii) suitable roster arrangements being made;

(iii) proper supervision being provided.

(b) an employee shall not be required to work more than one shift in each 24 hour period.

4.5.5 The following shifts are defined for the purpose of clause 4.5:

(a) An Afternoon Shift shall be a shift finishing after 6.00 p.m. and at or before midnight.

(b) A Night Shift shall be a shift finishing after midnight and at or before 8.00 a.m. 4.5.6 Shift workers shall be allowed 30 minutes for crib during each shift of 8 hours to be taken by the employee at such

time and in such manner as will not interfere with the continuity of work. Such crib shall be regarded as part of the employee's ordinary working time.

4.5.7 Where a change is made from day work to shift work at least 48 hours notice shall be given to the employee

concerned before the provisions of clause 4.5, shall be applicable.

Where a change is made from shift work to day work at least 48 hours notice shall be given to the employee concerned before the provisions of clause 4.1 shall be applicable.

1954.5.8 Where a public holiday falls on a shift worker's rostered day off, the shift worker by mutual agreement shall

receive either: (a) an alternative day off in lieu;

(b) an additional day's annual leave; or

(c) an additional day's wages:

Provided that in the absence of mutual agreement, the shift worker shall receive an additional day's annual leave.

4.5.9 The minimum period for which shift work may be introduced is 3 weeks. The provisions of clause 4.5.9 shall not

be applicable unless shift work is introduced for a period of at least 3 weeks.

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 Every employee (other than a casual employee) covered by this Schedule shall at the end of each year of

employment, be entitled to an annual leave on full pay as follows:

(a) not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week;

(b) not less than 4 weeks in any other case.

5.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave

and (subject to clause 5.1.7) shall be paid for by the Employer in advance:

(a) in the case of any and every employee in receipt, immediately prior to that leave, or ordinary pay at a rate in excess of the ordinary rate payable under this Agreement, at that excess rate; and

(b) in every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave

under this Agreement. 5.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the Employer

shall be deemed to have given the annual leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due, pay calculated in accordance with clause 5.1.7, for 4 or 5 weeks as the case may be and also ordinary pay for any public holiday occurring during such period of 4 or 5 weeks.

5.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such

employee shall be paid, in addition to all other amounts due, an amount equal to 1/9th of their pay for the period of their employment in the case of a Shift Worker, and 1/12th of their pay for the period of their employment in the case of a Day Worker, calculated in accordance with clause 5.1.5.

5.1.5 In calculating a year of employment for the purposes of clause 5.1.3:

(a) a period exceeding 3 months during which an employee has been absent on leave without pay granted by the Employer is not to be taken into account;

(b) a period during which an employee has been absent without pay and without the Employer's authority, other

than a period of absence not exceeding 3 months on account of illness or injury certified to by a legally qualified practitioner, is not to be taken into account.

5.1.6 If an employee and Employer so agree, annual leave may be taken wholly or partly in advance before the

employee has become entitled to annual leave.

An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment is not entitled to any further annual leave at the end of that year of employment.

196An employee who has taken in advance part of the annual leave that would be due at the end of a year of employment, becomes entitled at the end of that year of employment, to the balance of the annual leave not already taken.

5.1.7 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Shift workers - Subject to clause 5.1.7(c), the rate of wage to be paid to a shift worker shall be the rate

payable for work in ordinary time according to the Employees roster or projected roster, including Saturday, Sunday or public holiday shifts.

(b) Leading hands, etc. - Subject to clause 5.1.7(c), leading hand allowances and amounts of a like nature

otherwise payable for ordinary time worked shall be included in the wages to be paid to Employees during annual leave.

(c) All Employees - Subject to clause 5.1.7(d), in no case shall the payment by an Employer to an employee be

less that the sum of the following amounts:

(i) the employee's ordinary wage rate as prescribed by the Agreement for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) leading hand allowance or amounts of a like nature;

(iii) a further amount calculated at the rate of 17 1/2% of the amounts referred to in clause 5.1.7(c)(i) and (ii).

(d) Clause 5.1.7(c) does not apply to:

(i) any period or periods of annual leave exceeding:

5 weeks in the case of Employees concerned in a calling where 3 shifts per day are worked over a

period of 7 days per week; or

4 weeks in any other case.

(ii) Employers (and their Employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to Employees.

5.1.8 Reasonable notice of the commencement of annual leave shall be given to an employee. Where an employee is

required to take annual leave as from a specific date at least 14 days' notice of such requirement shall be given to the employee.

5.1.9 Except as provided for in clause 5.1, it shall not be lawful for the Employer to give or for any employee to receive

payment in lieu of annual leave. 5.1.10 Leave debits

Leave debits will be equivalent to the ordinary hours Employees would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken.

5.2 ABSENTEEISM CONTROL MEASURES

5.2.1 Sick Leave is unlike annual or long service leave in that it is conditional upon an employee being ill or injured to

the point of being unfit for duty. It is an insurance to protect the employee and their family against hardship should they be unable to continue in their normal occupation and shall be only so utilised.

5.2.2 This procedure is designed to curtail sick leave abuse by Employees who are absent from work and who are not

genuinely unfit for duty and is to operate notwithstanding the provisions of clause Sick Leave in this Agreement. 5.2.3 At the end of each 3 monthly period, the Employer shall review the sick leave records with a view to establishing

a list of Employees whose record of attendance gives cause of reasonable concern. 5.2.4 Any employee with an unsatisfactory record shall be interviewed by the Employer in the presence of the relevant

officer of the Union, or their nominee if the employee so requests. If the discussion in respect to the absences

197does not provide satisfactory reason for the absences, then a letter of warning is to be sent to the employee and a copy to the nearest relevant officer of the Union.

5.2.5 If no improvement is observed in the next period, the employee is to be again interviewed (as in clause 5.2.4

above), and if the interview results in unsatisfactory reasons being given, then a second letter of warning sent to the employee and a copy to the relevant officer of the Union also indicated proof of illness or a certificate may be required for any absence.

5.2.6 If the action under clause 5.2.5 still results in unsatisfactory attendance at work then a final warning is to be given

and if this is disregarded then good grounds will have been established for termination of employment. 5.2.7 The above procedure does not operate to withdraw the Employer's right to take termination action or other

disciplinary action against any employee if that employee has been found guilty of filling out a false sick leave application form and claiming sick leave pay when that person was not genuinely on sick leave. That is a matter relating to fraudulent misrepresentation which may justify instant dismissal.

PART 6 - TRAINING AND RELATED MATTERS

6.1 COMMITMENT TO TRAINING

6.1.1 The Parties commit themselves to continuing and upgrading the training provided to Employees. 6.1.2 It is agreed that the Parties will co-operate in ensuring that training is maintained and improved. 6.1.3 This training will form the basis of an enhanced career structure in the industry.

PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

7.1 AMENITIES

7.1.1 Accident and sickness

Where Employees are injured seriously or fall seriously ill at their work, the Employer shall provide means of getting them to the nearest hospital, or pay expenses of transmission to hospital. Properly equipped first aid kits in suitable and secure cases shall be provided and be at all times readily available to the Employees.

7.1.2 Dining and dressing rooms Wherever practicable, provisions shall be made for allowing the Employees separate and suitable places for partaking of refreshments, as required pursuant to the Workplace Health and Safety Act 1995. Employees may change their apparel in the Employer's time, for which 10 minutes per day shall be allowed.

7.2 CLOTHING, EQUIPMENT AND TOOLS

7.2.1 Aprons

Employees in the washhouse shall be provided with rubber-lined canvas aprons or other suitable waterpoof aprons.

7.2.2 Overalls and clogs Employees shall be provided with overalls and clogs or other footwear suitable for working in water where relevant.

7.3 OCCUPATIONAL HEALTH AND SAFETY

The Union undertakes to positively co-operate with the Employer in the provision of a health and safety programme for Employees.

198

SCHEDULE 23

NURSES' EMPLOYMENT ARRANGEMENTS

PART 1 – APPLICATION AND OPERATION

1.1 TITLE

THIS SCHEDULE IS KNOWN AS THE NURSES’ EMPLOYMENT ARRANGEMENTS.

1.2 Arrangement Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Schedule Coverage 1.3 Definitions 1.4 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment 2.1 Incidental or Peripheral Tasks 2.2 PART 3 - WAGES AND WAGE RELATED MATTERS Wages 3.1 Allowances 3.2 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Meal break 4.2 Rest pauses 4.3 Rest Days 4.4 Weekend Work Extra Payment 4.5 Afternoon & Night and Day Extra Payment 4.6 Overpayment 4.7 PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave 5.1 Appendix 1 – Generic Level Statements – Registered Nurses

1.3 SCHEDULE COVERAGE

This Schedule applies to all nursing staff employed at the College.

1.4 DEFINITIONS

1.4.2 "Assistant-In-Nursing" is an employee who is assisting in nursing duties but who is not a Registered Nurse or an

Enrolled Nurse. 1.4.3 "Boarding School" is an Independent School providing primary level, secondary level or vocational education

that makes provision, as part of the provision of education or as an adjunct to the provision of education, for students to be accommodated.

1.4.4 "Casual Employee" is an employee who is employed on a daily basis for not more than 32 hours in any one

week.

199 1.4.6 "Director" is a Registered Nurse appointed as such who is immediately responsible for the overall conduct of a

child care centre and/or child minding centre of a creche or kindergarten. 1.4.7 "Enrolled Nurse" means an employee:

(a) who is enrolled under the Nursing Act 1992 as an Enrolled Nurse; and (b) who is subject to the regulations and/or by-laws of the Queensland Nursing Council and who holds a current

Annual Licensing Certificate as such. 1.4.8 "Independent School" includes all non-Government schools including Grammar Schools incorporated under the

Grammar Schools Act 1975. 1.4.9 "Part-time Employee" means an employee, other than a "Casual Employee", as defined, or an employee

employed in a relieving capacity, who is engaged to work regular hours each week.

The ordinary daily working hours shall be worked continuously, excluding meal breaks, and shall not be less than 4 hours or more than 8 hours per day.

Such hours shall be fewer than 32 per week. 1.4.10 "Registered Nurse" means an employee:

(a) registered under the Nursing Act 1992 as a Registered Nurse; and (b) who is subject to the regulations and/or by-laws of the Queensland Nursing Council and who holds a current

Annual Licensing Certificate; and (c) who is employed on the basis of that qualification.

1.4.11 "Specialist Medical Centre" is a centre in which services are provided by one or more registered specialist

medical practitioners. 1.4.12 "Union" means the Queensland Nurses' Union of Employees.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 CONTRACT OF EMPLOYMENT

2.1.1 Type of engagement An employee may be engaged as a full-time, part-time or Casual Employee. 2.1.2 Written confirmation of employment details

The Employer shall provide to the employee, upon engagement, written confirmation of employment details that specifies the following:

(a) type of engagement; (b) classification and pay point level; (c) whether a probationary period applies, and if so, the duration and terms of that probationary period; (d) in the instance of part-time Employees such confirmation shall include the number of ordinary hours of work

contracted as usually required.

2.2 INCIDENTAL OR PERIPHERAL TASKS

2.2.1 An Employer may direct an employee to carry out such duties as are reasonably within the limits of the

employee's skill, competence and training. 2.2.2 An Employer may direct an employee to carry out such duties and use such tools and equipment as may be

required provided that the employee has been properly trained in the use of such tools and equipment (where relevant).

2.2.3 Any direction issued by an Employer pursuant to clauses 2.2.1 and 2.2.2 shall be consistent with the Employer's

responsibilities to provide a safe and healthy working environment.

200

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 WAGES

3.1.1 The minimum rates of pay for Employees covered by this Schedule are provided in Appendix A-Rates of Pay to

this Agreement : 3.1.2 Casual Employees Casual Employees, as defined in clause 1.4.4, shall be paid 23%, in addition to the ordinary weekly rates of pay prescribed in clause 3.1.1 and shall be further entitled to any allowance applicable based pro rata on the number of hours worked in relation to 38 in any week. Such Employees shall be paid as for a minimum of 2 hours' work per engagement. 3.1.3 Part-time Employees Part-time Employees shall be paid at the rate of 1/38th of the weekly rate of wages prescribed for the appropriate classification per hour with a minimum payment as for 4 hours on any day when work is performed. Such Employees shall be further entitled to any allowances applicable, based pro rata on the number of hours worked in relation to 38 in any week. 3.1.4 Full-time Nurses in Boarding Schools - annualised salary arrangement

(a) A full-time employee in a Boarding School and the Employer may enter into an agreement whereby the employee is paid an annualised salary. The employee must be paid at least the appropriate minimum weekly rate for that employee as set out in clause 5.1.1 for the entire 12 months. Employees who enter into an annualised salary arrangement are excluded from the following provisions of this Schedule: (i) on-call allowance (clause 3.2.2) (ii) recall (clause 3.2.3) (iii) meal breaks - extra payment for working during meal break (clause 4.2.2) (iv) weekend work - extra payment (clause 4.5) (v) afternoon and night duty - extra payment (clause 4.6) (vi) overtime (clause 4.7) (vii) annual leave (clause 5.1) Employees who enter into an annualised salary arrangement are also excluded from the Clause 3.3 (Public Holidays) of Schedule 11 - Common Provisions for All Staff:

(b) Negotiating the annualised salary

When negotiating the annualised salary the Employer and the employee shall take into consideration the expected work requirements and the excluded Schedule provisions that would otherwise apply.

(c) Where such annualised salary agreement exists, it must be recorded in writing between the Employer and the

employee affected prior to its commencement and a copy must be kept as part of the time and wages record. (d) Time and wages records must be kept for the employee in accordance with Schedule 11 - Common

Provisions for All Staff. (e) Review of annualised salary

At the end of each year or on the anniversary date the employee and the Employer may review, or at the request of the employee must review, the annualised salary arrangement. During any such review either party may elect to discontinue the annualised salary arrangement. If the annualised salary arrangement is renegotiated the new or amended agreement is to be recorded in accordance with clause 3.1.3(c).

3.1.5 Accelerated advancement

(a) A Registered Nurse Level 1 shall be entitled to advance one paypoint on that person's first employment following registration with the Queensland Nursing Council, or at any time during that person's employment as a Registered Nurse Level 1, upon one only of the following:

(i) attainment of an undergraduate degree in nursing; or

201(ii) registration in another branch of nursing or on another nursing register maintained by the

Queensland Nursing Council where the employee is working in a position in a particular practice setting which requires the additional registration; or

(iii) successful completion of a post-registration course of at least 12 months duration where the employee is required to perform the duties of a position to which the course is directly relevant.

It is recommended that Nurses contemplating undertaking a course as described in clause 5.1.6 should

consult with their Employer prior to commencement of study to clarify whether the Employer accepts that it is a course as described in clause 3.1.4.

(b) A Registered Nurse Level 1 whose current rate of pay includes the advancement provided for in clause

3.1.4(a) shall not be entitled to further advancement under clause 3.1.4.

(c) A Registered Nurse Level 1 shall not retain an entitlement to advancement in paypoint pursuant to clause 3.1.5(a)(ii) if that Nurse is no longer working in a position for which such additional registration is a requirement;

(d) A Registered Nurse Level 1 shall not retain an entitlement to advancement in paypoint pursuant to clause 3.1.5(a)(iii) if that Nurse is no longer working in a position for which such post-registration course is directly relevant.

(e) "Paypoint" in clause 3.1.5 only, means a year in pay.

3.1.6 Total experience to count For the purpose of determining the rate of wages payable by reference to the year of service or paypoint of any employee, an employee shall be given credit for all previous continuous nursing service. Previous nursing service shall include time spent in obtaining additional nursing certificates other than the General Nursing Certificate. A part-time or Casual Employee shall be required to complete the equivalent of a full working year (1,976 hours) from the time of their first appointment, enrolment or registration or of their last increment before being eligible for the next increment. A person who has completed 1,976 hours of duty, or has received payment for 1,976 hours, including annual, sick, bereavement and other paid leave, shall be deemed to have completed a full year. In calculating continuous nursing service for the purpose of this clause, any period of service (other than time spent as a nursing employee on full pay in obtaining additional nursing certificates) prior to an absence of over 3 years from nursing duties covered by a relevant nursing award or relevant nursing agreement shall not be taken into account.

On termination of employment each employee shall be given a certificate signed and dated by the Employer setting out the duration of employment at that facility, capacity of employment, details of any advancement (or reversal of advancement) in paypoint pursuant to clause 3.1.5, and in the instance of part-time and Casual Employees, the total hours worked. The onus of proof of previous experience shall be on the employee. An employee unable to provide proof of previous experience within four weeks of engagement, will be paid at the appropriate rate of pay for the first year of service or the year to which proof of experience is provided for the class of employee so appointed. Wages shall continue at this rate of pay until proof of previous experience is provided to the Employer or until such time as service has been accumulated to warrant payment at a higher rate. Where proof of previous experience is not provided within 4 weeks of engagement, wages will continue to be paid at that rate of pay until such time as further proof of previous experience is provided to the Employer and only then will the higher rate become payable from the date supplied. Subject to proof of previous experience being provided within 4 weeks, the Employer will adjust previous payments back to the date of commencement. The employee may seek the assistance of the Union to obtain or establish such proof of previous experience still outstanding. 3.1.7 Payment of wages by E.F.T

Wages may be paid directly into the Employees nominated bank account (E.F.T.) weekly where practicable or otherwise fortnightly provided there is reasonable geographical access to a facility which enables the employee to withdraw some or all of the employee's wages on the usual pay day. Any alternative arrangement of paying wages shall be made by mutual agreement between the employee and Employer.

202 3.1.8 Board and lodging (a) Where board and lodging are supplied to Employees residing within Employer accommodation the Employer

shall be entitled to deduct the following amounts from the weekly rates of pay prescribed for such Employees: Per week $ For all Registered and Enrolled Nurses 54.78 For Assistants-in-Nursing 51.54

(b) In all cases the ratio of the value of board to that of lodging shall be 2 to one. (c) Where Employees who are living out are provided with meals by the Employer, a deduction shall be made

from the employee's wages at the rate of 1/21st of the allowances for board calculated to the nearest cent for each meal so provided.

3.2 Allowances 3.2.1 On-call allowances

(a) The provisions hereunder apply to Employees who are rostered to be on-call at their private residence, or at any other mutually agreed place, other than the Employer's premises.

(i) An employee rostered to be on-call shall receive an additional amount as follows:

(A) $16.54 for each 24 hour period or part thereof when the on-call period is between rostered shifts of ordinary hours Monday to Friday inclusive;

(B) $24.83 for each 24 hour period or part thereof when the on-call period is on a Saturday; (C) $28.96 for each 24 hour period or part thereof when the on-call period is on a Sunday, public

holiday or a day when the employee is rostered off duty.

Payment shall be calculated by reference to the allowance applicable to the calendar day on which the major portion of the on-call period falls.

(ii) If an employee rostered to be on-call is required to work, such work shall be remunerated at the

appropriate overtime rate, in addition to the rates prescribed in clause 3.2.1(a)(i). A minimum payment of 3 hours at the appropriate overtime rate shall be paid, except in the case of unforeseen circumstances arising, the employee shall not be required to work for 3 hours if the work for which the employee was required, and any associated duty is completed within a shorter period. Entitlement to such remuneration shall commence from the time the employee starts work.

(iii) An employee who is required to work shall be provided with transport to and from the employee's home

or shall be refunded the cost of such transport. Where an employee is required to work within 3 hours of commencing normal duty and remains at

work, the employee shall be provided with transport from the employee's home to the workplace, or shall be refunded the cost of such transport.

(iv) An employee placed on-call is required to remain at the employee's private residence or any other

mutually agreed place as will enable the Employer to readily contact the employee during the hours for which the employee has been placed on-call. Clause 3.2.1(a)(iv) should not prevent the provision by Employers of electronic or other devices by which the employee could be contacted as an alternative to being stationed at an agreed place.

(v) An employee on-call who usually lives out and who is required to remain on close call within the

workplace precincts shall be provided free of charge with board and lodging in addition to any allowance payable pursuant to clause 3.2.1.

(b) An employee who is required to remain on the Employer's premises and is provided with board and lodging

shall be paid the following amounts in addition to the amounts specified in clause3.2.1(a)(i).

(i) $12.00 for each 24 hour period or part thereof when the on-call period is between rostered shifts of ordinary hours Monday to Friday inclusive;

203(ii) $15.00 for each 24 hour period or part thereof when the on-call period is on a Saturday; (iii) $20.00 for each 24 hour period or part thereof when the on-call period is on a Sunday, public holiday or

a day when the employee is rostered off duty.

Payment shall be calculated by reference to the allowance applicable to the calendar day on which the major portion of the on-call period falls.

(c) Clause 4.7.3 shall not apply when an employee has actually worked less than 2 hours in total on one or more

call-outs. (d) Clause 3.2.1 shall not apply to Employees who have negotiated an annualised salary arrangement with the

Employer in accordance with clause 3.1.3. 3.2.2 Recall

The following provisions shall apply to Employees who are not rostered to be on-call, but who are recalled to work.

(a) An employee who is recalled to work shall be paid at the appropriate overtime rate, with a minimum of 3

hours. The time spent travelling to and from the place of duty shall be deemed to be time worked.

Where an employee is recalled within 3 hours of rostered commencement time, and the employee remains at work, only time spent in travelling to work shall be included with actual time worked for the purpose of overtime payment.

(b) Except in the case of unforeseen circumstances arising, an employee who is recalled to work shall not be

obliged to work for 3 hours if the work for which the employee was recalled, any associated duty, is completed within a shorter period.

(c) If an employee is recalled to work, the employee shall be provided with transport to and from the employee's

home or shall be refunded the cost of such transport:

Where an employee is recalled to work within 3 hours of commencing normal duty and the employee remains at work, the employee shall be provided with transport from the employee's home to the workplace or shall be refunded the cost of such transport.

(d) The provisions of clause 4.7.3 shall not apply when an employee has actually worked less than 2 hours in

total on one or more call-outs.

(e) Clause 3.2.2 shall not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

3.2.3 Uniform and laundry allowance

The Employer shall supply free of charge, a uniform of a type or design considered most suitable, or in lieu thereof, an allowance at the rate of $159 per annum shall be paid on a pro rata basis each pay day. Where uniforms are not laundered at the Employer's expense an allowance of $1.85 per week shall be paid. The uniform and laundry allowance shall only be payable where the Employer requires a uniform of a specific type to be worn but does not provide such uniform. 3.2.4 In charge allowance - Independent Schools If there is no Registered Nurse Level 2 or Registered Nurse Level 3 employed and there are 2 or more Nurses employed on nursing duties in any one Boarding School, one of those Nurses shall be named and shall be deemed to be senior. The deemed senior shall be paid the amount of $3.00 per week in addition to the rates prescribed in clause 3.1.1.

PART 4- HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 Ordinary hours

204 Subject to clause 4.1.4, and subject to the exceptions in clause 4.1, the ordinary hours of work shall be an average of 38 hours per week, to be worked on the following basis: 152 hours within a work cycle not exceeding 28 consecutive days. If there are compelling reasons to do so, and subject to clause 4.1.5 the method of implementation of the 38 hour week may be varied for individual Employees, groups or sections of Employees. 4.1.2 Maximum daily ordinary hours The ordinary hours of work shall be worked continuously and shall not exceed 10 hours on any day. Where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the Employer and the majority of Employees concerned. 4.1.3 Employees of the Brisbane City Council The ordinary working hours of day working Employees shall not exceed 38 hours per week or 7 hours 36 minutes per day to be worked between 7.00 a.m. and 5.30 p.m. Monday to Friday inclusive. By agreement between the Union and the Brisbane City Council the ordinary hours may be worked over a fortnightly period of 9 consecutive working days and not more than 8 hours 27 minutes shall be worked on any such day at ordinary rates. 4.1.4 Implementation of 38 hour week Subject to clause 4.1.5:

(a) Subject to the exceptions in clause 4.1.4, the principal way by which the 38 hour week is to be implemented is by working ordinary hours through the work cycle so as to provide an accrued day off.

(b) Where the 38 hour week is implemented by granting Employees an accrued day off it shall be on the

following basis:

(i) By rostering Employees off on various days of the week during a particular work cycle, so that each employee has one work day off during that cycle; or

(ii) By fixing one or more work days on which all Employees will be off during a particular work cycle.

(c) When the ordinary work cycle provides for an accrued day off, the accrued day off shall not fall on a public holiday. The Employer and employee shall, by mutual agreement, arrange for an alternative accrued day off.

(d) Where the arrangement of ordinary hours of work provides for an accrued day off, the Employer and each

employee in each section, establishment or unit concerned may agree to accumulate up to a maximum of 5 days off.

(e) Consent to accumulate accrued days off shall not be unreasonably withheld by either the Employer or the

Employees. Where agreement is reached to defer or accumulate accrued days off, payment for work on accrued days off will be at ordinary rates.

(f) Where agreement in clause 4.1.4(e) has been reached, the accumulated accrued days off shall be taken within

12 calendar months from the date of the entitlement to the first accrued day off. (g) Subject to, and in accordance with the 12 calendar month requirement in clause 4.1.4(f), an employee must

take and exhaust all accumulated accrued days off prior to the taking of periods of annual leave, but such accumulated accrued days off may be taken in conjunction with annual leave and/or long service leave.

(h) Subject to clause 4.1.5, and where there are compelling reasons to do so, different methods of

implementation of the 38 hour week may apply to individual Employees, groups or sections of Employees in the facility concerned.

(i) For the purpose of clause 4.1.4 "compelling reasons" mean:

(i) Where Employees bound by this Schedule are employed by an Employer whose principal

business is other than of nursing and the majority of Employees are covered by an award (or

205agreement) approved by the Australian Industrial Relations Commission or the Commission then the provisions for implementing a 38 hour week as specified by that award (or agreement) shall apply.

(ii) Where the operational or administrative requirements of the business necessitate implementation of the 38 hour week by methods other than an accrued day off.

Where there is a dispute over whether the operational or administrative requirements necessitate the implementation of the 38 hour week by methods other than an accrued day off, the Employer shall have the onus of establishing such reasons exist.

4.1.5 38 hour week - procedures for work area level discussions

(a) The Employer and all Employees concerned in each section, establishment or unit shall consult over the most appropriate means of implementing and working a 38 hour week.

(b) The objective of such consultation shall be to reach agreement on the method of implementing and working

the 38 hour week in accordance with clause4.1.4. (c) The outcome of such consultation shall be recorded in writing. (d) In cases where agreement cannot be reached as a result of consultation between the Parties, either party may

request the assistance or advice of the relevant employee or Employer organisation. (e) After implementation of the 38 hour week, upon giving 7 days' notice, or such shorter period as may be

mutually agreed upon, the method of working the 38 hour week may be altered, from time to time, following negotiations between the Employer and Employees concerned utilising the foregoing provisions of clause 4.1.

(f) Notwithstanding the provisions of clause 4.1 if a dispute or difficulty should arise over the implementation of

the 38 hour week it is open to either party to seek the assistance of the Commission to resolve the matter. (g) Should a dispute or difficulty over implementation of the 38 hour week concerning the accrued day off arise

the onus in any proceedings is on the Employer to establish that there are compelling reasons as to why the accrued day off should not be implemented.

(h) Notwithstanding the consultative procedure outlined in clause 4.1.5, in the event of a dispute or difficulty

arising over the implementation of the 38 hour week the Employer may determine the method by which the 38 hour week is implemented until such dispute or difficulty is resolved.

Any such determination by the Employer shall be without prejudice to the resolution of the dispute.

4.2 MEAL BREAKS

4.2.1 Where an employee is rostered to work at least 6 hours, a meal break of no less than 30 minutes shall be

available between the 4th and the 6th hour after commencement of duty, and thereafter at intervals of no more than 6 hours.

4.2.2 Except as provided in clause 4.2 time and a-half shall be paid for all work required to be performed during meal

breaks and thereafter until a meal break is taken.

Clause 4.2.2 shall not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

4.2.3 Employees performing ordinary work in excess of 8 hours and up to 10 hours per day shall be entitled to a meal

break of not less than one-half hour and not more than one hour at or about the 5th hour from the ordinary starting time each day.

4.2.4 In the event of an emergency circumstance occurring during the meal break such meal break may be delayed

without penalty.

The meal break should be taken as soon as the emergency circumstance ends.

Payment in accordance with clause 4.2.2 shall be made if the meal break is unable to be taken after the emergency circumstance ends.

2064.3 REST PAUSES

4.3.1 Full-time Employees

Every full-time employee covered by this Schedule shall be entitled to a rest pause of 10 minutes' duration in the Employer's time in the first and second portion of daily work. Such rest pauses shall be taken at such times as will not interfere with the continuity of work where continuity is necessary.

4.3.2 Part-time and casual Employees

Every part-time and Casual Employee shall be entitled to a paid rest pause after 3 hours continuous duty.

Such Employees who are engaged to work more than 6 and a-half hours in any one engagement shall be entitled to rest pauses as for a full-time employee.

4.3.3 Combining rest pauses

Notwithstanding clauses 4.3.1 and 4.3.2 and by management discretion, the Employer may combine the period of the 2 rest pauses to provide one 20 minute rest pause. In the case of the morning duty, it is taken in the first portion of the duty period, and in the case of the afternoon duty, it is taken in the second portion of the duty period. Such rest pauses shall be taken at such times as will not interfere with the continuity of work where continuity is necessary.

The ability to combine rest pauses shall not be available with respect to Employees working ordinary hours of more than 8.

4.4 REST DAYS

4.4.1 Employees working the hours prescribed by clause 4.1 shall be allowed 4 rest days (rostered days off) during

each fortnight (14 days). Each rostered day off shall consist of a continuous period of 24 hours, which where practicable shall include from midnight to midnight.

4.4.2 An employee's roster may provide for any one of the following combinations of days free from rostered work in

each fortnight: (a) 2 periods comprising 2 days each; (b) 3 consecutive days and one stand-alone day or; (c) One period of 4 consecutive days.

Any one of these combinations may be varied to enable 2 single days free from rostered work if requested in writing by the employee.

Where agreement under clause 4.1.2 has been reached, Employees shall be allowed additional rest days in accordance with the rostered hours of duty for the particular fortnight.

4.5 WEEKEND WORK - EXTRA PAYMENT

All rostered ordinary hours worked by any employee between midnight Friday and midnight Sunday up to and including 10 ordinary hours in any one shift shall be paid for at the rate of ordinary time plus the additional percentage of the employee's ordinary time rate as follows:

All time worked by an employee during the above week-end period in excess of ordinary hours in any one shift shall be paid at the appropriate overtime rate in lieu of the above additional percentages:

Clause 4.5 shall not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

4.6 AFTERNOON AND NIGHT DUTY - EXTRA PAYMENT

4.6.1 Afternoon shift - extra payment

207(a) "Afternoon shift" means a shift where a majority of hours are worked after 12 midday and finished at or after

6.00 p.m.. (b) Afternoon shift workers shall be paid an allowance of 12.5% for each shift of ordinary hours.

4.6.2 Night shift - extra payment

(a) Night shift is a shift commencing at or after 6.00 p.m. or before 7.30 a.m. the following day, the major portion of which is worked between 6.00 p.m. and 7.30 a.m.

(b) Night shift workers shall be paid an allowance of 15% for each shift of ordinary hours.

4.6.3 In the case of a Casual Employee the shift allowance shall be calculated upon the relevant wage rate exclusive of the casual loading.

4.6.4 Afternoon and night shift allowances shall not apply to Registered Nurses working on Saturday and Sunday when extra payment for week-end work applies.

4.6.5 Clause 4.6 shall not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

4.7 OVERTIME

4.7.1 Employees entitlements

(a) All time worked in excess of the ordinary working hours as prescribed in clause 4.1 of this Schedule shall be overtime and shall be paid for at the following rates:

(i) in the case of shift workers at the rate of double time; (ii) in the case of all other Employees at the rate of time and one-half for the first 3 hours and double

time thereafter on any one day; (iii) all overtime on a Sunday shall be paid at the rate of double time.

(b) Payment shall be made for all overtime worked and time off in lieu shall not be regarded as payment. 4.7.2 Overtime meal An employee who is called upon to continue work after the usual ceasing time shall be supplied with a reasonable meal at the Employer's expense or be paid $9.60 in lieu, after more than 2 hours or after more than one hour if overtime continues beyond 6.00 p.m. in addition to overtime payment for the time worked. 4.7.3 10 hour break between shifts When an employee is required to continue working after the completion of the employee's ordinary shift, the employee shall be allowed not less than 10 hours off duty without loss of pay in respect of the employee's next ordinary shift of duty. 4.7.4 Exemption - Full-time Nurses in Boarding Schools - annualised salary arrangement. Clause 4.7 shall not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 Entitlement

(a) Every employee (other than a Casual Employee) covered by this Schedule shall at the end of each year of employment be entitled to annual leave on full pay as follows:

(i) Not less than 190 hours if employed on shift work where 3shifts per day are worked over a period of 7

days per week; (ii) Not less than 190 hours if employed in a Boarding School; (iii) Not less than 152 hours in any other case.

2085.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual

leave and (subject to clause 5.1.7 shall be paid for by the Employer in advance:

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this Schedule, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Schedule.

5.1.3 By mutual agreement Employees (other than casuals) may utilise up to 38 hours of annual leave entitlement in a

minimum of single day absences for personal reasons. 5.1.4 If any such annual leave has not been taken as it falls due from time to time, such annual leave, by mutual

arrangement, may be accumulated for a period not exceeding 2 years.

The application of clause 5.1.4 is conditional upon the employee having been afforded reasonable opportunity to take such leave.

5.1.5 Reasonable notice of the commencement of annual leave shall be given to the employee. 5.1.6 Except in case of termination it shall not be lawful for the Employer to give or for any employee to receive

payment in lieu of annual leave. 5.1.7 Calculation of annual leave pay

In respect to annual leave entitlement to which clause 5.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Shift workers

Subject to clause 5.1.7(b), the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) All Employees

Subject to clause 5.1.7(c) in no case shall the payment by an Employer to an employee be less than the sum of the following amounts:

(i) The employee's ordinary wage rate as prescribed by the Schedule for the period of the annual leave

(excluding shift premiums and week-end penalty rates); (ii) A further amount calculated at the rate of 17.5% of the amounts referred to in clause 5.1.7(b)(i).

(c) Clause 5.1.7(b) shall not apply to the following:

(i) Any period or periods of annual leave exceeding:

(A) 190 hours in the case of Employees employed in a calling where 3 shifts per day are worked over a

period of 7 days per week; or (B) 152 hours in any other case;

(ii) Employers (and their Employees) who are already paying (or receiving) an annual leave bonus, loading

or other annual leave payment which is not less favourable to Employees.

5.1.8 Leave debits

Leave debits will be equivalent to the ordinary hours Employees would have worked had the Employees not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken. 5.1.9 Accrued day off arising from the implementation of the 38 hour week Whilst on annual leave an employee continues to accrue time for the purpose of an accrued day off as if the employee had been at work. 5.1.10 Part-time Employees

209Part-time Employees shall be entitled to annual leave in accordance with clause 5.1.

The calculation of "full pay" shall be based upon the average number of hours worked per week during the employee's year of employment.

By mutual agreement, part-time Employees in private schools may request leave without pay for any remaining weeks during the school year when the school is on vacation. 5.1.11 Exemption - Full-time Nurses in Boarding Schools - annualised salary arrangement Clause 5.1 does not apply to Employees who have negotiated an annualised salary arrangement with the Employer in accordance with clause 3.1.3.

210Appendix 1 - Generic level statements - Registered Nurses

These generic level statements are intended as broad descriptions of the role at each level of the career structure and should be applicable in all health settings where Nurses practise. Specific job descriptions will, however, need to be developed for the specific positions at each of the career structure levels, e.g. Clinical Nurse Consultant Accident & Emergency.

COMPLIANCE WITH A.N.R.A.C. COMPETENCIES IS REQUIRED AT EACH LEVEL [ACKNOWLEDGMENT: These Generic Level Statements were prepared using the competencies developed by the Australasian Nurse Registering Authorities Conference (ANRAC).] Level 1 - Registered Nurse

Generic level statement Responsibilities

The Registered Nurse is the first level Nurse who is licensed to practice nursing without supervision and who assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct. It is essential that the Nurse is registered by the Nurses Registration Board of Queensland and holds a current practising certificate.

The Registered Nurse gives direct nursing care based on the A.N.R.A.C. competencies, to a group of patients/clients in collaboration with the CN/CNC. These A.N.R.A.C. competencies are grouped as follows: Professional/Ethical practice

The degree of expertise will experience as the Registered Nurse advances through this level.

1. Demonstrates a satisfactory knowledge base for safe practice.

The Nurse may be a beginning practitioner or a Registered Nurse returning to the field after a period of absence.

2. Functions in accordance with legislation and common law affecting nursing practice.

3. Protects the rights of individuals and groups.

4. Demonstrates accountability for nursing practice.

5. Conducts nursing practice in a way that can be ethically justified

Reflective practice

6. Recognises own abilities and level of professional competence.

7. Acts to enhance the professional development of self and others.

8. Recognises the value of research in contributing to developments in nursing and improved standards of care.

Enabling

9. Maintains a physical and psychosocial environment which promotes safety, security and optimal health.

10. Acts to enhance the dignity and integrity of individuals and groups.

11. Assists individuals or groups to make informed decisions.

12. Communicates effectively and documents relevant information.

13. Effectively manages the nursing care of individuals or groups.

Problem framing and solving

14. Carries out a comprehensive and accurate nursing assessment of individuals and groups in a variety of settings.

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Generic level statement Responsibilities

15. Formulates a plan of care in consultation with individuals/groups taking into account the therapeutic regimes of other members of the health care team.

16. Implements planned care.

17. Evaluates progress of individuals or groups toward planned outcomes.

Teamwork

18. Collaborates with the health care team.

Level 2 - Clinical Nurse

Generic level statement Responsibilities

A Clinical Nurse means a Registered Nurse who is appointed as such.

1. Gives direct care to a group of patients/clients.

2. May relieve Level 3 positions.

The Clinical Nurse role requires a broad developing knowledge in professional nursing issues and a sound specific knowledge-base in relation to a field of practice.

3. Acts as a role model for Registered Nurses and other non-registered personnel in the provision of holistic patient/client care.

4. Takes additional responsibility delegated from the CNC which clearly differentiates the role from that of the Registered Nurse e.g.:

The Clinical Nurse assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct.

- planning and co-ordination of ward/unit education programs and other staff development activities.

A Clinical Nurse is responsible for a specific client population, and is able to function in more complex situations while providing support and direction to Registered Nurses and other non-registered nursing personnel.

- orientation of new staff.

The Clinical Nurse identifies, selects, implements and evaluates nursing interventions that have less predictable outcomes.

- preceptorship for new staff.

The Clinical Nurse is able to demonstrate: - participates in action research.

- advanced level clinical skills and problem-solving skills;

5. Participates in nursing policy review and initiatives.

- planning and co-ordination skills in the clinical management of patient care;

6. Co-operates with other Clinical Nurses in relation to development of programs and initiatives.

- ability to work within a collegiate/team structure;

7. Ensures a safe working environment.

- awareness of and involvement with the quality assurance process;

- contribution to professional practice of the unit.

1. Level 3 - Clinical Nurse Consultant

Generic level statement Responsibilities

The Clinical Nurse Consultant means an employee appointed as such, who is a Registered Nurse. The Clinical

1. Co-ordinates patient care activities for one patient care/service delivery area.

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Generic level statement Responsibilities

2. Gives, on a regular basis, direct care to a small number of patients with complex care needs.

Nurse Consultant is a proficient practitioner who is accountable for the co-ordination of standards of care delivered in a specific patient/client care area.

3. Manages activities related to the provision of safe patient/client care.

4. Evaluates care and institutes mechanisms to correct deficiencies.

The Clinical Nurse Consultant collaborates with the Nurse Manager, Nurse Educator and Nurse Researcher to facilitate the provision of quality cost-effective care.

5. Participates in multi-disciplinary reviews of patient care outcomes.

The Clinical Nurse Consultant demonstrates: 6. Monitors patients' perceptions of their care and institutes mechanisms to remedy deficiencies in care

- an advanced level of clinical skills 7. Undertakes action research to address patient/client

- proficiency in the delivery of nursing care care problems and issues.

- skilled co-ordination of nursing care 8. Reviews pattern of care delivery and assesses appropriateness of change.

- leadership qualities 9. Participates in committees for patient/client care improvements, initiatives and policy development.

The Clinical Nurse Consultant fulfils the function of: 10. Assesses professional development needs of staff and co-ordinates unit education programs.

- change agent 11. Acts as an expert consultant to staff of own unit and on request, to other units, in relation to area of expertise.

- role model 12. Identifies issues requiring policy review.

- patient/client/staff educator 13. Participates in relevant policy development.

- action researcher 14. Develops and implements relevant quality assurance programs.

The Clinical Nurse Consultant has the authority to co-ordinate care for one patient/client unit and assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct.

15. Participates in staff selection processes. 16. Participates in orientation and other staff

development activities.

17. Participates in performance review mechanisms.

18. Ensures a safe working environment.

19. Participates in relevant research projects.

Level 3 - Nurse Manager

Generic level statement Responsibilities

Nurse Manager means an employee appointed as such, who is a Registered Nurse, accountable for the management of human and material resources for a specified group of clinical units.

1. Provides nursing management of human and material resources for a specified group of clinical units.

The Nurse Manager collaborates with the Clinical Nurse Consultant, Nurse Educator and Nurse Researcher to facilitate the provision of quality, cost-effective nursing care.

2. Provides financial management, budget preparation and cost control within the specified units.

3. Allocates and rosters staff for the designated units to provide an optimal level of patient/client care.

4. Co-ordinates staff leave.

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Generic level statement Responsibilities

Nurse Managers must demonstrate management skills including:

5. Engages in research related to management issues and problems.

- organisation and planning skills in relation to personnel and material resource management.

6. Develops management information data base for area.

- awareness and understanding of staffing methodologies.

7. Engages in review of staffing methodology.

- leadership qualities. 8. Identifies issues requiring policy review.

- analytical and report writing skills. 9. Participates in relevant policy development.

The Nurse Manager must assume accountability and responsibility for own actions and acts to rectify unsafe Nursing practice and/or unprofessional conduct.

10. Develops and implements relevant quality assurance programs.

11. Participates in staff selection processes.

12. Participates in orientation and other staff development activities.

13. Participates in performance review mechanisms.

14. Ensures a safe working environment.

15. Participates in relevant research projects.

Level 3 - Nurse Educator

Generic level statement Responsibilities

Nurse Educator means an employee appointed as such, who is a Registered Nurse and is accountable for the assessment, planning, implementation and evaluation of nursing education and/or staff development programs.

1. Assists in the design, implementation and assessment of nursing education programs, including in-service and staff development programs.

The Nurse Educator collaborates with the Clinical Nurse Consultant, Nurse Manager and Nurse Researcher to facilitate the provision of quality, cost-effective nursing care.

2. Provides assistance and guidance to ward/unit staff in relation to development, implementation and evaluation of educational programs and resources.

The Nurse Educator demonstrates:

3. Provides ongoing evaluation and modification of the staff development/education programs.

- appropriate mix of clinical and educational skills 4. Co-operates with ward/unit staff to develop education initiatives for staff and patients.

- analytical and report writing skills 5. Monitors ongoing educational needs of nursing staff and implements appropriate educational experiences.

- leadership qualities 6. Maintains an information data base on educational programs and programs participants.

- organisational and planning skills in relation to 7. Identifies issues requiring policy review.

education 8. Participates in relevant policy development.

9. Develops and implements relevant quality assurance programs.

The Nurse Educator assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct.

10. Participates in staff selection processes.

11. Participates in orientation and other staff development activities.

12. Participates in performance review mechanisms.

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Generic level statement Responsibilities

13. Ensures a safe working environment.

14. Participates in relevant research projects.

Level 3 - Nurse Researcher

Generic level statement Responsibilities

Nurse Researcher is an employee appointed as such, who is a Registered Nurse responsible for development, conduct and quality of ethically sound nursing research projects and quality assurance programs.

1. Develops and conducts nursing research projects in accordance with professional standards for nursing and research practice.

The Nurse Researcher acts as a resource person for Nurses

Engaged in research and quality assurance projects.

2. Maintains ongoing assessment of risk-benefit to persons participating in nursing research.

The Nurse Researcher demonstrates: 3. Adopts research procedures which protect privacy, confidentiality of information and patient rights

- the knowledge of and ability to apply a range of research techniques and methodologies.

4. Collaborates with Nurses and other health professionals engaged in research involving clients of the nursing unit or pertaining to nursing clients.

- organisation and planning skills in relation to research practice.

5. Communicates with relevant care givers when selecting research participants.

6. Contributes to the functioning of the Ethics Committee.

- leadership qualities.

7. Ensures research participants are informed of research and its implications.

- analytical and report writing skills. 8. Documents and disseminates research findings.

- an awareness of ethical standards in research practice.

9. Identifies issues requiring policy review.

10. Participates in relevant policy development. The Nurse Researcher assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practices and/or unprofessional conduct. 11. Develops and implements relevant quality assurance

programs.

12. Participates in staff selection processes.

13. Participates in orientation and other staff development activities.

14. Participates in performance review mechanisms.

The Nurse Researcher collaborates with the Clinical Nurse Consultant, Nurse Manager and Nurse Educator to facilitate the provision of quality, cost-effective care.

15. Ensures a safe working environment.

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SCHEDULE 24

FAMILY LEAVE

FAMILY LEAVE Preliminary 1 Who is a long term casual employee? (1) A long term casual employee is a casual employee engaged by a particular Employer, on a regular and

systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under this part.

(2) The periods of employment mentioned in subsection (1) include periods before and after the commencement of this section.

Parental leave 2 Who this schedule does not apply to

This schedule does not apply to: (a) casual Employees, other than long term casual Employees; or (b) seasonal Employees; or (c) pieceworkers.

3 Definitions

In this schedule— adoption leave means short adoption leave or long adoption leave. child, for adoption leave, means a child who is under the age of 5 years, but does not include a child who—

(a) has previously lived continuously with the employee for a period of at least 6 months; or (b) is the child or stepchild of the employee or employee’s spouse.

long adoption leave means leave taken by an employee to enable the employee to be the primary caregiver of an adopted child. long parental leave means—

(a) for a pregnant employee—maternity leave; or (b) for an employee whose spouse gives birth—leave taken by the employee to enable the employee to

be the child’s primary caregiver. maternity leave means leave that a pregnant employee takes—

(a) for the birth of her child; or (b) to enable her to be the child’s primary caregiver.

parental leave means long parental leave, short parental leave or adoption leave. parental leave entitlement means the parental leave entitlement mentioned in section 4(2), (3) or (4). short adoption leave means leave taken by an employee at the time of the placement of an adopted child with the employee. short parental leave means leave taken by an employee, in connection with the birth of a child of the employee’s spouse, at the time of—

(a) the birth of the child; or (b) the other termination of the pregnancy.

short term casual employee means a casual employee, other than a long term casual employee. 4 Entitlement

(1) This section details the parental leave entitlement of an employee for— (a) an employee who is not a long term casual employee and who has had at least 12 months

continuous service with the Employer; or (b) a long term casual employee.

(2) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid maternity leave— (a) for the child’s birth; and (b) to be the child’s primary caregiver.

(3) For the birth of a child of an employee’s spouse, the employee is entitled to the following leave— (a) an unbroken period of up to 1 week’s unpaid short parental leave; (b) a further unbroken period of up to 51 weeks unpaid long parental leave.

216(4) For the adoption of a child, an employee is entitled to the following leave—

(a) an unbroken period of up to 3 weeks unpaid short adoption leave; (b) a further unbroken period of up to 49 weeks unpaid long adoption leave.

(5) However, parental leave must not extend— (a) beyond 1 year after the child was born or adopted; or (b) if an application for an extension of parental leave under section 16A is agreed to—beyond 2 years

after the child was born or adopted. (6) In this section—

continuous service means service, including a period of authorized leave or absence, under an unbroken employment contract.

5 Notices and documents—maternity leave

(1) This section applies if a pregnant employee wants to take maternity leave. (2) The employee must give the Employer—

(a) at least 10 weeks’ written notice of intention to take the leave; and (b) at least 4 weeks’ written notice of the dates on which she wants to start and end the leave.

(3) The employee must, before starting the leave, give the Employer— (a) a doctor’s certificate confirming that she is pregnant and the expected date of birth; and (b) a statutory declaration by the employee stating the period of any parental leave sought by her

spouse. 6 Notices and documents—parental leave other than maternity or adoption leave

(1) This section applies if an employee wants to take parental leave, other than maternity leave or adoption leave.

(2) The employee must give the Employer— (a) for long parental leave—at least 10 weeks’ written notice of intention to take the leave; and (b) at least 4 weeks’ written notice of the dates on which the employee wants to start and end the

leave. (3) The employee must, before starting the leave, give the Employer—

(a) a doctor’s certificate confirming that the employee’s spouse is pregnant and the expected date of birth; and

(b) for long parental leave—a statutory declaration by the employee stating— (i) the period of any maternity leave sought by the employee’s spouse; and (ii) the employee is seeking the leave to be the child’s primary caregiver.

7 Notices and documents—adoption leave

(1) This section applies if an employee wants to take adoption leave. (2) The employee must give the Employer—

(a) for long adoption leave—written notice of any approval to adopt a child at least 10 weeks before the expected date of placement of the child for adoption purposes (the expected placement date); and

(b) written notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected placement date but, in any case, at least 14 days before starting the leave.

(3) The employee must, before starting the leave, give the Employer— (a) a statement from an adoption agency of the expected placement date; and (b) for long adoption leave—a statutory declaration by the employee stating—

(i) the period of any adoption leave sought by the employee’s spouse; and (ii) the employee is seeking the leave to be the child’s primary caregiver.

(4) In this section— adoption agency means an agency, body, office or court, authorized by a Commonwealth or State law to perform functions about adoption.

8 Reasons not to give notice or documents

(1) An employee does not fail to comply with section 5, 6 or 7 if the failure was caused by— (a) the child being born, or the pregnancy otherwise terminating, before the expected date of birth; or (b) the child being placed for adoption before the expected placement date; or (c) another reason that was reasonable in the circumstances.

(2) However, the employee must give the Employer— (a) notice of the period of the leave within 2 weeks after the birth or placement; and

217(b) in the case of the birth of a living child—a doctor’s certificate stating the date on which the child

was born. 9 Notice of change to situation

An employee must notify the Employer of any change in the information provided under section 5, 6 or 7 within 2 weeks after the change.

10 Continuity of service

(1) Parental leave does not break an employee’s continuity of service. (2) Parental leave is not to be taken into account in working out the employee’s period of service, other

than— (a) to decide the employee’s entitlement to a later period of parental leave; or (b) as expressly provided in the Act, an industrial instrument or employment contract.

11 Spouses not to take parental leave at same time

(1) An employee is not entitled to parental leave, other than short parental leave or short adoption leave, when his or her spouse is on parental leave.

(2) If the employee contravenes subsection (1), the period of parental leave that the employee is entitled to is reduced by the period of leave taken by his or her spouse.

12 Cancelling parental leave

(1) Parental leave applied for but not started is automatically cancelled if— (a) the employee withdraws the application for leave by written notice to the Employer; or (b) the pregnancy terminates other than by the birth of a living child; or (c) the placement of the child with the employee for adoption purposes does not proceed.

(2) If, while an employee is on parental leave— (a) the pregnancy terminates other than by the birth of a living child; or (b) the child in relation to whom the employee is on parental leave dies; or (c) the placement of the child with the employee for adoption purposes does not proceed or continue;

the employee is entitled to resume work at a time nominated by his or her Employer within 2 weeks after the day on which the employee gives his or her Employer a written notice stating the employee intends to resume work and the reason for the resumption.

(3) This section does not affect an employee’s entitlement to special maternity leave or sick leave under section 24.

13 Parental leave with other leave

(1) An employee may take any annual leave or long service leave to which the employee is entitled instead of or together with parental leave.

(2) However, the total period of leave can not extend beyond the total period allowed under section 4. (3) While the employee is on unpaid parental leave, the employee is not entitled to paid sick leave or other

paid leave, unless the Employer agrees. (4) In this section— other paid leave means paid leave authorized by law or by an industrial instrument or employment contract.

14 Interruption of parental leave by return to work

(1) An employee and Employer may agree that the employee break the period of parental leave by returning to work for the Employer, whether on a full-time, part-time or casual basis.

(2) The period of parental leave can not be extended by the return to work beyond the total period allowed under section 4.

15 Extending period of parental leave by notice

(1) An employee may extend the period of parental leave once only by written notice given to the Employer at least 14 days— (a) before the start of the parental leave; or (b) if the parental leave has been started—before the parental leave ends.

(2) The notice must state when the extended period of parental leave ends. (3) The total period of parental leave can not be extended under subsection (1) beyond the total period

mentioned in section 4 (5)(a).

21816A Extending period of parental leave by agreement

(1) A pregnant employee entitled to maternity leave under section 4 (2), or an employee who is taking maternity leave, may apply to the Employer for an extension of the maternity leave for an unbroken period of up to 104 weeks in total.

(2) An employee entitled to parental leave for the birth of a child of the employee’s spouse under section 4 (3), or who is taking parental leave for the birth, may apply to the Employer for either or both of the following— (a) an extension of the short parental leave for an unbroken period of up to 8 weeks in total; (b) an extension of the long parental leave for an unbroken period of up to 96 weeks in total.

(3) An employee entitled to parental leave for the adoption of a child under section 4 (4), or who is taking adoption leave for the adoption, may apply to the Employer for either or both of the following— (a) an extension of the short adoption leave for an unbroken period of up to 8 weeks in total; (b) an extension of the long adoption leave for an unbroken period of up to 96 weeks in total.

(4) An employee may not make more than 1 application under subsection (1), (2) or (3) within any 12 month period, unless the Employer agrees.

16B Employee on parental leave may apply to work part-time

(1) An employee on parental leave may apply to the Employer to return to work on a part-time basis. (2) An employee may not make more than 1 application under this section within any 12 month period,

unless the Employer agrees. 16C Application for extension or part-time work

(1) An application mentioned in section 16A or 16B must— (a) be in writing; and (b) be made—

(i) for an application for an extension of short parental leave or short adoption leave—at least 2 business days before the leave ends; or

(ii) for an application for an extension of maternity leave, long parental leave or long adoption leave—at least 4 weeks before the leave ends; or

(iii) for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; and

(c) state that it is an application for an extension of parental leave under section 16A or an application to return to work on a part-time basis under section 16B, as appropriate; and

(d) state the dates the extension, or return to work on a part-time basis, being applied for is to start and end; and

(e) state the impact refusal of the application might have on the employee and the employee’s dependants; and

(f) be accompanied by a statutory declaration by the employee stating— (i) for an application for an extension of maternity leave, long parental leave or long adoption

leave—the employee is seeking the extension so the employee can continue to be the child’s primary caregiver; or

(ii) for an application to return to work on a part-time basis—the employee is seeking to work on a part-time basis so the employee can continue to be the child’s primary caregiver when not at work.

(2) The period in relation to which an application under section 16B may be made can not extend beyond the day the child in relation to whom parental leave was taken is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 1989.

(3) A person may apply under section 16A or 16B even if the person started parental leave before the commencement of this section.

16D Employer to give proper consideration to application for extension or part-time work

(1) In deciding whether to agree to an application for an extension of the period of parental leave under section 16A or an application to return to work on a part-time basis under section 16B, the Employer must consider the following— (a) the particular circumstances of the employee that give rise to the application, particularly

circumstances relating to the employee’s role as the child’s caregiver; (b) the impact refusal of the application might have on the employee and the employee’s dependants; (c) the effect that agreeing to the application would have on the conduct of the Employer’s business,

including, for example— (i) any additional cost the Employer would incur; and (ii) the Employer’s capacity to reorganize work arrangements; and

219(iii) the availability of competent replacement staff; and (iv) any loss of efficiency in the conduct of the Employer’s business; and (v) the impact of the employee’s absence or temporary absence on the delivery of customer

service. (2) The Employer must not unreasonably refuse an application under section 16A or 16B. (3) The Employer must advise the employee, in writing, of the Employer’s decision—

(a) if the application is for an extension of short parental leave or short adoption leave—as soon as possible after receiving the application but before the short parental leave or short adoption leave ends; or

(b) for any other application—within 14 days after receiving the application. (4) If the Employer refuses the application, the Employer must provide the employee with written reasons for

refusing the application. 17 Shortening period of parental leave If the Employer agrees, an employee may shorten parental leave by written notice given to the Employer at least 14 days before the employee wants to return to work. 18 Effect on parental leave of ceasing to be the primary caregiver

(1) This section applies if— (a) during a substantial period starting on or after the start of an employee’s long parental leave, the

employee is not the child’s primary caregiver; and (b) considering the length of the period and any other relevant circumstances, it is reasonable to expect

the employee will not again become the child’s primary caregiver within a reasonable period. (2) The Employer may notify the employee of the day, at least 4 weeks after the Employer gives the notice,

on which the employee must return to work. (3) If the employee returns to work, the Employer must cancel the rest of the leave.

19 Return to work after parental leave etc.

(1) This section applies to— (a) an employee who returns to work after parental leave; or (b) a female employee who returns to work after special maternity leave or sick leave under section

10. (2) The employee is entitled to be employed in—

(a) the position held by the employee immediately before starting parental leave; or (b) if the employee worked part-time because of the pregnancy before starting maternity leave—the

position held by the employee immediately before starting part-time work; or (c) if the employee was transferred to a safe job under section 23 before starting maternity leave—the

position held by the employee immediately before the transfer. (3) If the position no longer exists but there are other positions available that the employee is qualified for

and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee’s former position.

(4) An Employer must make a position to which an employee is entitled available to the employee. (5) If a long term casual employee’s hours were reduced because of the pregnancy before starting maternity

leave, the Employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.

20 Employer’s obligation to advise about parental leave entitlements

(1) On becoming aware that an employee or an employee’s spouse is pregnant, or that an employee is adopting a child, an Employer must inform the employee of— (a) the employee’s entitlement to parental leave under this division; and (b) the employee’s obligations to notify the Employer of any matter under this division.

(2) An Employer can not rely on an employee’s failure to give a notice or other document required by this division unless the Employer establishes that subsection (1) has been complied with.

21 Dismissal because of pregnancy or parental leave

(1) An Employer must not dismiss an employee because— (a) the employee or employee’s spouse is pregnant or has applied to adopt a child; or (b) the employee or employee’s spouse has given birth to a child or adopted a child; or (c) the employee has applied for, or is absent on, parental leave.

(2) This section does not affect any other rights of—

220(a) an Employer to dismiss an employee; or (b) a dismissed employee.

22 Replacement Employees

(1) The Employer must, before a replacement employee starts employment, give the replacement employee a written notice informing the replacement employee of— (a) the temporary nature of the employment; and (b) the parent’s right to return to work.

(2) In this section— replacement employee means— (a) a person who is specifically employed because an employee (the parent)—

(i) starts parental leave; or (ii) is transferred to a safe job under section 23; or

(b) a person replacing an employee who is temporarily promoted or transferred to replace the parent. 23 Transfer to a safe job

(1) This section applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or newborn child.

(2) The assessment of the risk is to be made on the basis of— (a) a doctor’s certificate given by the employee to the Employer; and (b) the Employer’s obligations under the Workplace Health and Safety Act 1995.

(3) The Employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk.

(4) If an adjustment is not feasible or can not reasonably be required to be made, the Employer must transfer the employee to other appropriate work that— (a) will not expose her to the risk; and (b) is, as nearly as possible, comparable in status and remuneration to that of her present work.

(5) If a transfer is not feasible or can not reasonably be required to be made, the Employer must grant the employee maternity leave, or any available paid sick leave, for as long as a doctor certifies it is necessary to avoid exposure to the risk.

24 Special maternity leave and sick leave

(1) This section applies if, before an employee starts maternity leave— (a) the employee’s pregnancy terminates before the expected date of birth, other than by the birth of a

living child; or (b) the employee suffers illness related to her pregnancy.

(2) For as long as a doctor certifies it to be necessary, the employee is entitled to the following types of leave— (a) unpaid leave (special maternity leave); (b) paid sick leave, either instead of, or as well as, special maternity leave.

25 Special adoption leave

An employee who is seeking to adopt a child is entitled to up to 2 days unpaid leave to attend compulsory interviews or examinations as part of the adoption procedure.

26A Employer’s obligation to advise about significant change at the workplace

(1) This section applies— (a) if an Employer decides to implement significant change at a workplace; and (b) whether or not the decision was made before the commencement of this section if the decision had

not been implemented at the commencement. (2) The Employer must take reasonable action to advise each employee who is absent from the workplace on

parental leave about the proposed change before it is implemented. (3) The advice must inform the employee of the change and any effect it will have on the position the

employee held before starting parental leave, including, for example, its status or the level of responsibility attaching to the position.

(4) The Employer must give the employee a reasonable opportunity to discuss any significant effect the change will have on the employee’s position.

26B Employee’s obligations to advise Employer about particular changes

221(1) An employee who is absent on parental leave must advise the Employer of any change in the employee’s

contact details, including any change of address. (2) An employee who is absent on parental leave must also take reasonable steps to advise the Employer of

any significant change affecting the following as soon as possible after the change happens— (a) the length of the employee’s parental leave; (b) the date the employee intends to return to work; (c) an earlier decision to return to work on a full-time basis or to apply to return to work on a part-time

basis.

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SCHEDULE 25

BOARDING HOUSE EMPLOYEES EMPLOYMENT ARRANGEMENTS

BOARDING HOUSE EMPLOYEES’ EMPLOYMENT ARRANGEMENTS

PART 1 - APPLICATION AND OPERATION

1.1 TITLE

This Agreement is known as the Boarding House Employees’ Employment Arrangment.

1.2 ARRANGEMENT

Subject Matter Clause No. PART 1 - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Schedule Coverage 1.3 Definitions 1.4 Parties bound 1.5 PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories 2.1 Casual employment 2.2 Juniors 2.3 Incidental and peripheral tasks 2.4 PART 3 - WAGES AND WAGE RELATED MATTERS Definition of classifications 3.1 Wage rates 3.2 Juniors 3.3 Allowances 3.4 Payment of wages 3.5 PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work 4.1 Roster posting 4.2 Meal breaks 4.3 Rest pauses 4.4 Overtime 4.5 Shift work 4.6 Weekend work 4.7 PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave 5.1 PART 6 - TRAINING AND RELATED MATTERS Commitment to training 6.1 PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Breakages 7.1 Uniforms 7.2 First aid 7.3

223Subject Matter Clause No. Laundry 7.4 Sleeping accommodation 7.5 Food and accommodation 7.6

1.3 SCHEDULE COVERAGE

This schedule applies to Boarding House Employees at the School.

1.5 DEFINITIONS

1.5.1 The "Act" means the Workplace Relations Act 1996 as amended or replaced from time to time. 1.5.2 "Adult" means an employee of 20 years of age and over. 1.5.3 "Boarding Houses", "Motels", "Hostels", "Private Hotels", "Serviced Rooms or Flats", and "Any Other Type of

Residential or Tourist Accommodation" are deemed to mean and include any accommodation establishment in which accommodation is provided for 7 or more paying guests, boarders or lodgers not being members of the family of the proprietor or manager, but are not deemed to include any of the establishments and/or institutions named in Schedule 1 to this Award nor to Boarding Schools, Residential Colleges, Hospitals, Industrial Schools or Orphanages.

1.5.4 "Commission" means the Australian Industrial Relations Commission. 1.5.5 "Union" means The Australian Workers' Union of Employees, Queensland.

1.6 PARTIES BOUND

This schedule is legally binding upon the Employees as prescribed by clause 1.3 and their Employers, and the Union and its members.

PART 2 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

2.1 EMPLOYMENT CATEGORIES

2.1.1 Employees (other than casual Employees) covered by this Schedule shall be advised in writing of their

employment category upon appointment.

Employment categories are:

(a) full-time; (b) casuals (as prescribed in clause 2.2); or (c) juniors (as prescribed in clause 2.3).

2.2 CASUAL EMPLOYMENT

2.2.1 A casual employee is engaged and paid on an hourly basis. Casual Employees shall be paid for all ordinary

time worked with a loading (i.e. casual loading or penalty loadings) in addition to the employee's ordinary hourly rate, which shall be the full-time rate divided by 38. Casual Employees shall therefore be paid the following ordinary time loadings in addition to their ordinary time rate:

For all work performed on Monday to Friday inclusive - 25% of the aforesaid ordinary rate;

For all work performed on Saturdays and Sundays - 50% of the ordinary rate;

For all work performed on public holidays - 150% of the ordinary rate.

224 2.2.2 A casual employee is subject to termination without notice. 2.2.3 A casual employee is usually employed for less than 38 hours in any one week. 2.2.4 Casual Employees shall be paid as for a minimum of 2 hours work per engagement.

2.3 JUNIORS

2.3.1 Proportion of junior Employees The proportion of junior Employees to Adult Employees shall not exceed one to 4 or fraction of 4 (a junior being a person receiving less than a rate of pay prescribed for an Adult employee): Provided that where managers and/or proprietors are actively engaged in the work covered by this Agreement they may be included as Adult Employees for the purpose of clause 2.3.1.

2.4 INCIDENTAL AND PERIPHERAL TASKS

2.4.1 Employees are to be available to perform a wider range of duties, including work which is incidental or

peripheral to their main task or functions. 2.4.2 The assignment of incidental or peripheral tasks to an employee or a class of Employees shall:

(a) be consistent with the efficient performance of the employee's main tasks or functions; (b) be subject to the employee having the skills or competence to perform the initial tasks.

PART 3 - WAGES AND WAGE RELATED MATTERS

3.1 DEFINITION OF CLASSIFICATIONS

3.1.1 "Hospitality Services Grade 1" means:

(a) an employee who has not achieved the appropriate level of training and who is primarily engaged in one or

more of the following: (i) cleaning, tidying and general assistant of kitchen, food preparation, customer service areas, including

the cleaning of equipment, crockery and general utensils;

(ii) assembly and preparation of ingredients for cooking;

(iii) handling, storing and distributing goods, including pantry items and linen;

(iv) setting and/or wiping down tables, removing food plates, emptying ashtrays and picking up glasses;

(v) assisting Employees who are cooking;

(vi) general cleaning duties;

(vii) providing general assistance to Employees of a higher grade not including cooking or direct service to customers;

(viii) laundry and/or linen duties which may include minor repairs to linen or clothing such as buttons, zips,

seams, and working with flat materials;

(ix) the collection and/or delivery of guests' personal dry-cleaning and laundry, linen and associated materials to and from accommodation areas;

(x) parking guests cars;

(xi) any other employee for which no specific classification exists in this Agreement and who has had more

than 3 months service with the Employer.

225 3.1.2 "Hospitality Services Grade 2" means:

(a) an employee who has not achieved the appropriate level of training and who is primarily engaged in one or more of the following: (i) receiving, storing and distributing goods; (ii) servicing accommodation areas and cleaning thereof; (iii) tray service to guests' rooms; (iv) transferring guests' baggage and/or property; (v) driving a passenger vehicle or courtesy bus; (vi) providing butler service, basic food and beverage services with personalised guest services; (vii) assisting in dry-cleaning process; (viii) cleaning duties using specialised equipment and chemicals; (ix) Handyperson, being a person who is not a tradesperson and whose duties include the performance of

routine repair work and maintenance in and about the Employer's premises and other general duties such as pool, garden, etc.;

(x) Security Officer; or

(b) means an employee who is primarily engaged in one or more of the following:

(i) preparing and/or cooking a limited range of basic food items such as breakfasts, grills and snacks and a

cook employed alone; (ii) undertaking general waiting duties in a restaurant of food and/or beverages, including cleaning of

restaurant equipment, preparing tables and sideboards, taking customer orders, serving food and/or beverages and clearing tables;

(iii) supplying, dispensing or mixing of liquor, including cleaning of area and equipment, preparing the bar

for service, taking orders and serving drinks; (iv) taking reservations, greeting and seating guests, taking telephone orders; (v) assisting in the cellar; (vi) receipt of monies; (vii) attending a snack bar, buffet or meal counter; (viii) attending in a coffee shop or espresso bar; (ix) attending in a shop; or

(c) means a person who is primarily engaged in one or more of the following:

(i) acts as an assistant instructor;

(ii) does basic testing;

(iii) is responsible for setting up, distribution and care of equipment;

(iv) takes bookings and works at the front desk of a leisure facility;

(v) provides information to guests on leisure activities and facilities;

(vi) is a Pool attendant;

226

(vii) tests pools and spa waters for optimal levels;

(viii) is a powerboat observer;

(ix) Childminding attendant (Unqualified). 3.1.3 "Hospitality Services Grade 3" means:

(a) an employee who has the appropriate level of training and who is primarily engaged in one or more of the following:

(i) undertaking general waiting duties of both food and/or beverages, including cleaning of restaurant

equipment, preparing tables and sideboards, taking customer orders, serving food and/or beverages and clearing tables;

(ii) supplying, dispensing or mixing of liquor, including cleaning of bar area and equipment, preparing the

bar for service, taking orders and serving drinks;

(iii) assisting in the cellar;

(iv) receipt of monies;

(v) taking reservations, greeting and seating guests and taking telephone orders;

(vi) receiving, storing and distributing goods;

(vii) training, co-ordination and supervision of Employees of lower grades;

(viii) major repair of linen and/or clothing including basic tailoring and major alterations and refitting;

(ix) dry-cleaning;

(x) Handyperson, being a person who is not a tradesperson and whose duties include the performance of routine repair work and maintenance in and about the Employer's premises and other general duties such as pool, garden, etc.;

(xi) providing butler services, basic food and beverage services with personalised guest services; or

(b) means a person who has the appropriate level of training and who is engaged in any of the following:

(i) takes classes;

(ii) directs leisure activities such as in sporting areas, health clubs and swimming pools;

(iii) leads tours, and/or group activities;

(iv) developing or implementing activities for individuals or group of guests;

(v) Childminding attendant; or

(c) A Grade 2 employee supervising and co-ordinating Employees of Grade 2 or below.

3.1.4 "Hospitality Services Grade 4" means:

(a) an employee who has the appropriate level of training and who is primarily engaged in one or more of the following:

(i) undertaking general cooking duties, including a la carte cooking, baking, pastry cooking; (ii) full control of a cellar, including stock control and ordering, including the receipt, delivery and re-

ordering of goods within such area; (iii) designing and mixing a range of sophisticated cocktails and other drinks, including stocktaking and

ordering of stock;

227 (iv) a Grade 3 employee supervising, training and co-ordinating Employees of Grade 3 and below; or

(b) means a person who has the appropriate level of training, who plans and co-ordinates housekeeping

activities, leisure activities and/or organises activity programmes and may supervise other housekeeping and/or leisure attendants at Grade 3 and below.

3.1.5 "Hospitality Services Grade 5" means:

(a) an employee who has completed an apprenticeship or who has passed the appropriate trade level test and who is engaged in general cooking duties including a la carte, baking, pastrycooking duties, butcher; or

(b) a Grade 4 employee supervising, training and co-ordinating Employees of Grade 4 level and below.

3.1.6 "Hospitality Services Grade 6" means:

(a) an employee who has the appropriate trade level of training and who is primarily engaged in one or more of the following:

(i) solely responsible for other cooks and other kitchen Employees in a single kitchen establishment where

no other trade qualified cooks are employed;

(ii) supervising, training and co-ordinating food and beverage staff including maintenance of service and operational standards, preparation of operational reports and staff rostering; or

(b) general or specialised cooking duties including the training and supervision of other cooks and kitchen staff.

3.1.7 "Appropriate level of training" means:

(a) completion of a training course deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification. Such course to be accredited by the Australian Hospitality Review Panel;

(b) that the employee's skills have been assessed to be at least the equivalent of those attained through the

suitable course described in clause 3.1.7(a), such assessment to be undertaken by a qualified skills assessor; or

(c) the employee is deemed by the Employer to have the required level of skill.

3.2 WAGE RATES

3.2.1 The minimum rates of wages payable to the specified grades of Employees shall be as set out in Appendix A

Rates of Pay of this Agreement.

3.3 JUNIORS

% Under 18 years of age 70 18 and under 19 years of age 80 19 and under 20 years of age 90 and thereafter at the appropriate Adult rate for the class of work being performed.

3.4 ALLOWANCES

3.4.1 Divisional and District Allowances - Employees under this Schedule shall be paid the following amounts in addition to the wage rates prescribed by clause 3.2.1 for the Division or District in which they are located: Adults Per Week $ Northern Division, Eastern District 1.05

228 These amounts are payable for all purposes of this Schedule.

3.5 PAYMENT OF WAGES

3.5.1 Wages shall be paid on the same day each week or fortnight and not more than 2 days' pay may be held by an

Employer.

Except where otherwise mutually agreed between the Employer and the majority of Employees, payment of wages shall be made in cash or by electronic funds transfer, either weekly or fortnightly and either on a Friday or on the day which coincides with the pay day of the majority of the establishment. Where the pay day falls on a holiday, the preceding business day shall be the pay day for that period.

3.5.2 Wages shall be paid in the Employer's time and any employee who is not paid within 15 minutes of such

employee's ordinary ceasing time shall be deemed to be working during the time they are kept waiting. 3.5.3 Employees going on annual leave shall be paid for such annual leave before departure. 3.5.4 In case of dismissal or of an employee leaving the service of an Employer after having given the prescribed

notice, the employee shall be paid all wages due within 15 minutes of ceasing work. 3.5.5 Casual Employees may, by mutual consent, be paid in accordance with clause 3.5.1 or at the termination of

each engagement.

PART 4 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

4.1 HOURS OF WORK

4.1.1 All staff The ordinary working hours shall not exceed 38 in any one week or 8 in any one day and shall be worked on not more than 5 days of the week. 4.1.2 Kitchen and dining room staff The ordinary daily working hours of kitchen and dining room staff and housemaid/waitresses shall be worked within a spread of 12 hours with not more than one break between periods of work between the hours of 6.00 a.m. and 8.00 p.m.: Provided that by mutual agreement in writing between the Employer and the Branch Secretary of the Union, Employees may be required to commence their ordinary working hours prior to 6.00 a.m., but in no case shall the daily spread of hours exceed 12. 4.1.3 Porters The ordinary daily working hours for porters shall be worked continuously, excluding meal breaks, and shall be worked between the hours of 6.00 a.m. and 7.00 p.m.: Provided that shift work may be performed where the Employer and Employees agree to a roster and where the Union consents to such roster in writing. 4.1.4 Other staff The ordinary daily working hours of all other staff shall be worked continuously excluding meal breaks, between the hours of 6.00 a.m. and 6.00 p.m. 4.1.5 Other hours by agreement Notwithstanding the provisions of clause 6.1, Employees may be required to work in accordance with such other hours of work as are mutually agreed upon, in writing, between the Employer and the relevant Employees’ representative.

4.2 ROSTER POSTING

2294.2.1 A roster showing starting and ceasing times for the ordinary hours of duty of full-time Employees and the times

between which the period is allotted for each meal together with the surname and initials of each employee shall be prepared by the Employer and shall be posted in a conspicuous place or places accessible to the Employees concerned. The roster shall be alterable by mutual consent at any time or by amendment of the roster on 7 days' notice.

4.2.2 Where practicable, 2 weeks' notice of rostered days off shall be given provided that the days off may be

changed by mutual consent or is rendered necessary by the absence of other Employees from duty, shortage of staff, or other cause over which the Employer has no control and in which cases 12 hours' notice shall be sufficient.

4.3 MEAL BREAKS

4.3.1 Meals supplied to Employees shall be of good quality and of sufficient quantity and well cooked, and shall

include afternoon tea. 4.3.2 Except as hereinafter provided every employee shall be entitled to a meal break of not less than 30 minutes nor

more than one hour for breakfast, lunch or dinner. No employee shall work for more than 5 hours without a meal break except where overtime of one hour's duration or less is being worked immediately following an employee's ordinary ceasing time.

4.3.3 Shift workers shall be allowed a paid crib break of 30 minutes' duration to be taken not earlier than the 4th hour

nor later than the 5th hour of the shift. 4.3.4 Where an employee is required to work through their normal meal break they shall be paid at the rate of double

time for all work so performed and such double time shall continue to be paid until such time as a 30 minute meal break can be taken or until the employee ceases for the day.

4.3.5 Any employee who is required to continue working for more than one hour beyond their ordinary ceasing time

shall, if not notified on the previous working day, be provided with an adequate meal by their Employer or paid an amount of $9.60 in lieu thereof:

Provided that where an employee has provided themselves with a meal because of receipt of notice to work overtime and such overtime is not worked, they shall be paid $9.60 for any meal so provided.

4.4 REST PAUSES

All Employees shall be entitled to a rest pause of 10 minutes' duration in the Employer's time in the first and second half of their daily work. Such rest pauses shall be taken at such times as will not interfere with continuity of work here continuity is necessary.

4.5 OVERTIME

4.5.1 Except as hereinafter provided, all time worked outside or in excess of the ordinary hours prescribed in clause

6.1 or outside the usual commencing and ceasing times shall be deemed to be overtime and shall be paid for at the rate of time and a-half:

Provided that Employees shall be paid at the rate of double time for all overtime worked in excess of 3 hours in any one day.

4.5.2 In the compilation of overtime payments, any part of 15 minutes that is worked on any one day shall be paid for

as a full quarter-hour. 4.5.3 All time worked on an employee's days off shall be paid for at the rate of double time with a minimum payment

as for 2 hours worked. 4.5.4 All overtime worked by shift workers in excess of 8 hours per day or 40 hours per week or outside the rostered

starting and ceasing times shall be deemed to be overtime and shall be paid for at the rate of double time.

4.6 SHIFT WORK

4.6.1 Shift allowances

230In addition to the wage rates prescribed by this Schedule, shift workers shall be paid the following afternoon and night shift allowances for each afternoon or night shift worked:

(a) Afternoon shift allowance:

The percentage allowance is 12.5% or $9.70 per shift (whichever is the greater). (b) Night shift allowance:

The percentage allowance is 15% or $9.70 per shift (whichever is the greater). (c) It is a condition of this Agreement that no employee is disadvantaged as a result of this change from a flat

rate shift allowance to a percentage shift allowance. (d) Shift allowance(s) shall not apply to shift work performed on a Saturday or Sunday. All ordinary time

worked by shift workers between midnight Friday and midnight Saturday shall be paid for at the rate of time and a-half.

For the purposes of clause 4.6.1 the percentage which is quoted shall be the amount which is payable for each shift, in addition to the employee's ordinary time wage rate.

4.7 WEEKEND WORK

All time worked by Employees, other than casuals, within their ordinary working hours as prescribed herein, between midnight Friday and midnight Saturday, shall be paid for at the rate of time and a-quarter and between midnight Saturday and midnight Sunday at the rate of time and a-half.

PART 5 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 All Employees (other than casual Employees) covered by this Schedule shall at the end of each year of their

employment be entitled to annual leave on full pay as follows:

(a) Not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week; or

(b) Not less than 4 weeks in any other case.

5.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual

leave and (subject to clause 5.1.5) shall be paid for by the Employer in advance:

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this Agreement, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave

under this Agreement. 5.1.3 If the employment of any employee is terminated at the expiration of a full year of employment the Employer

shall be deemed to have given the leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due, their pay, calculated in accordance with clause 5.1.5, for 4 or 5 weeks as the case may be and also the Employees ordinary pay for any public holiday occurring during such period of 4 or 5 weeks.

5.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such

employee shall be paid, in addition to all other amounts due, an amount equal to 1/9th of their pay for the period of their employment in the case of a shift worker, and 1/12th of their pay for the period of their employment in the case of a day worker, calculated in accordance with clause 5.1.5.

5.1.5 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 5.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

231(a) Shift worker - Subject to clause 5.1.5(c), the rate of wage to be paid to a shift worker shall be the rate

payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or public holiday shifts.

(b) Leading hands etc. - Subject to clause 5.1.5(c), leading hand allowances and amounts of a like nature

otherwise payable for ordinary time worked shall be included in the wages to be paid to Employees during annual leave.

(c) All Employees - Subject to the provisions of clause 5.1.5(d), in no case shall the payment by an Employer to

an employee be less than the sum of the following amounts:

(i) the employee's ordinary wage rate as prescribed by the Schedule for the period of the annual leave (excluding shift premiums and week-end penalty rates);

(ii) leading hand allowance or amounts of a like nature;

(iii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 5.1.5(c)(i) and

5.1.5(c)(ii). (d) Clause 5.1.5(c) does not apply to:

(i) any period or periods of annual leave exceeding:

- 5 weeks in the case of Employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week; or

- 4 weeks in any other case.

(ii) Employers (and their Employees) who are already paying (or receiving) an annual leave bonus, loading

or other annual leave payment which is not less favourable to Employees. 5.1.6 Reasonable notice of the commencement of annual leave shall be given to the employee.

Except as hereinbefore provided, it shall not be lawful for the Employer to give or for any employee to receive payment in lieu of annual leave.

PART 6 - TRAINING AND RELATED MATTERS

6.1 COMMITMENT TO TRAINING

6.1.1 The Parties acknowledge that various degrees of training are provided to Employees in the industry, both by

internal on-the-job training and through external training providers. 6.1.2 The Parties commit themselves to continuing such training as is regarded by them as appropriate and improving

training in such cases where this is required. 6.1.3 It is agreed that the Parties will co-operate in ensuring that appropriate training is available for all Employees in

this industry and the Parties agree to co-operate in encouraging both Employers and Employees to avail themselves of the benefits from such training.

6.1.4 The Parties agree to continue discussions on issues raised in relation to training. 6.1.5 The Parties are committed to encouraging young people to view this industry as one which has the capacity to

provide them with an interesting career.

PART 7 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES

7.1 BREAKAGES

An Employer shall not charge any sum against, nor deduct any sum, from the wages of any employee in respect of breakages of crockery or other utensils, except in the case of wilful misconduct.

2327.2 UNIFORMS

Where Employees are required to wear a uniform or any other distinctive type of clothing, such uniform or clothing shall be supplied, maintained, and laundered at the Employer's expense, and shall be the property of such Employer.

7.3 FIRST AID

In all establishments a first aid cabinet shall be available for Employees in cases of accident. Such first aid cabinet shall be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995 relating to such first aid cabinets.

7.4 LAUNDRY

Where board and residence are provided for Employees, the Employer shall permit any of the Employees the use of the laundry to do their own washing, and shall supply each employee with the necessary laundry materials and any equipment necessary for them to wash and iron their own clothes, free of cost.

7.5 SLEEPING ACCOMMODATION

Where provided for Employees, sleeping accommodation shall be fit and proper: Provided that should any dispute arise as to what constitutes fit and proper sleeping accommodation, the matter shall be referred to the nearest Industrial Magistrate, whose decision shall be binding on Employer and employee.

7.6 FOOD AND ACCOMMODATION

Where food and/or accommodation are provided, the employee and the Employer may agree in writing to a suitable and reasonable weekly deduction to be made from the employee's weekly wages.