Bridge house – salvation army agreement 2002
AG 64 of 2002
1. - TITLE
This Agreement shall be known as the "Bridge House - Salvation Army Agreement" 2002.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Scope
4. Wages
5. Hours
6. Additional Payments
7. Contract of Service
8. Overtime
9. Annual Leave
10. Sick Leave
11. Long Service Leave
12. Bereavement Leave
13. Public Holidays
14. Parental Leave
15. Payment of Wages
16. Occupational Superannuation
17. Casual Employees
18. Part-Time Employees
19. Dispute Settlement Procedure
20. Interviews
21 Clarity
22 Remuneration Packaging.
23. Term
24. Number of Employees
25. Parties to Agreement
Appendix – Remuneration Packaging Arrangements
3. - SCOPE
This Agreement shall apply to all employees employed in the classifications in Clause4.-Wages at Bridge House, to the Salvation Army and to the Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch and replaces Agreement AG 242 of 2000.
2
4. - WAGES
(1) The following shall be the minimum rates of wages payable to employees covered by this Agreement:
Per Week
$
(a) Qualified Cook 550.90
(b) Cook 489.00
(c) Supervisor, Detoxification 491.60
(d) Domestic 466.30
(2) The above rates of pay shall increase in accordance with the State Wage Decisions and apply from the same date and in identical terms as those applying to similar classifications in the Aged and Disabled Persons Hostels Award.
(3) The hourly rate shall be calculated by dividing the weekly rate by 38.
(4) Notwithstanding the wage for Supervisor, Detoxification in this clause, a new employee who has not previously been trained in the work of such position, shall only be entitled to a rate equivalent to 85% of the wage for this position while being trained during the first 38 hours or 5 shifts of training time, whichever is the longer.
5. - HOURS
(1) The ordinary hours of work shall be 38 per week, not exceeding 10 per day, to be worked over not more than five days of the week.
(2) Each employee shall be entitled to two clear days off duty per week or four clear days off duty per fortnight.
(3) Notwithstanding subclauses (1) and (2) of this clause, by agreement between the employer, the employees and the Union, any other arrangement of hours may be worked.
6. - ADDITIONAL PAYMENTS
(1) All hours worked on Saturdays shall be paid at time and one half. Work performed on Sundays will be at time and three quarters.
(2) All hours worked on any public holiday or day observed in lieu thereof referred to in Clause 13. – Public Holidays shall be paid at time and one half.
(3) Except as provided in subclauses (1) and (2), the loading on the ordinary rates of pay for an afternoon or night shift worked in ordinary hours shall be 15%.
For the purposes of this Agreement, an afternoon shift shall be one which commences between 12.00 noon and 6.00 pm and a night shift shall be one which commences between 6.00pm and 4.00 am.
7. - CONTRACT OF SERVICE
(1) Except for probationary employees, the contract of service period shall be:
(a) one hour for casual employees;
(b) two weeks for all other employees.
(2) (a) An employee may be engaged on a probationary period of not longer than three months, during which time it will be possible for either the employer or employee to terminate the contract of service with one day's written notice.
(b) During probation the employer shall conduct at least one appraisal of the employee’s performance and bring to the employee’s attention any areas of performance or conduct which require improvement.
(c) Where the employer has some concerns regarding the employee’s performance or conduct during the probationary period, by agreement between the employer and the employee, the probationary period can be extended for a further period of up to 3 months. The notice period referred to in (a) above shall continue to apply to the extended probation.
(3) Except for probationary employees, the contract of service may be terminated by either the employer or employee giving:
(a) notice of one hour for casual employees;
(b) written notice of two weeks for all other employees.
(4) Where an employee does not give the required period of notice of termination of services the wages payable for the contract of service period may be forfeited at the discretion of the employer.
8. - OVERTIME
(1) Overtime shall mean all time required and authorised to be worked beyond or in excess of the ordinary rostered hours of duty prescribed in Clause 5. - Hours. Overtime shall be paid at time and one half for the first two hours and double time thereafter.
In lieu of payment for overtime and by the agreement between the employees and the employer, time off equivalent to the time worked may be granted.
(2) By agreement, a part-time employee may work shifts additional to the rostered shifts at ordinary rates, subject only to the normal rostering parameters of a full-time employee.
9. - ANNUAL LEAVE
(1) Except as hereinafter provided, a period of six consecutive weeks' leave shall be allowed to an employee by his/her employer after each period of 12 months' continuous employment with such employer.
(2) (a) Payment for leave shall be paid prior to commencing leave and be on the basis of either what the employee would have earned had he/she not gone on leave or 17.5% loading, that is, whichever is greater. In the case of employees referred to in sub clause (5) hereunder, the 17.5% shall apply on 5/7 of the period of annual leave.
(b) Pro rata annual leave loading shall not be paid on termination.
(3) Employees who are not rostered to work shift work or on public holidays shall be entitled to four weeks' annual leave with 17.5% loading and payment for public holidays in accordance with Clause 13. – Public Holidays of this Agreement, in lieu of the provisions of subclause (2) hereof.
(4) Annual leave may be split into more than one portion and will be taken by agreement between the employer and employee.
(5) Shift employees who work a regular rotating roster that incorporates day, afternoon and night shift, shall be entitled to an additional weeks leave per year. Providing that for employees whose shifts are not subject to regular rotation, one day’s additional leave ( up to a maximum of 5 days) shall be granted for each 35 shifts actually worked on an afternoon or night shift.
(6) (a) (i) Except as provided hereunder or in paragraph (b) of this subclause, if an employee lawfully terminates his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid 4.38 hours pay at the rate prescribed by subclause(2) of this clause in respect of each completed week of continuous service for which annual leave has not already been taken.
(ii) Further provided that employees to whom subclause (5) of this clause applies shall be paid for such additional days' leave as have accrued due under that subclause at the date of such termination.
(iii) Employees entitled to annual leave under subclause (3) of this Clause shall be entitled to pro rata leave under this subclause at the rate of 2.92 hours in respect of each completed week of continuous service.
(b) Employee Dismissed for Misconduct
(i) An employee who is dismissed for misconduct which occurred after the completion of a 12 month qualifying period shall be paid in full for any leave which accrued in that period but which has not yet been taken.
(ii) An employee dismissed for misconduct which occurred:
· during a completed 12 month qualifying period; or
· in an incomplete 12 month qualifying period; but before the employee has taken leave in respect of that qualifying period, shall be paid an amount equal to one thirteenth of a week’s pay (exclusive of penalty rates, overtime or allowances) for each week of service in that qualifying period in respect of which leave has not been taken.
(7) The provisions of this clause shall not apply to casual employees
10. - SICK LEAVE
(1) (a) An employee who is unable to attend or remain at his/her place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.
(b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer.
(c) If in the first or successive years of service with the employer an employee is absent on the grounds of personal ill health or injury for a period longer than the entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.
(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.
(3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of the inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances, shall be given to the employer within 24 hours of the commencement of the absence.
(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such certificate. Provided that where an employee has had two absences on paid sick leave adjacent to other days off duty within a period of 12 months the employer may request in writing that any further absences adjacent to days off be accompanied by such certificate.
Provided that this request shall remain in force until the employee has completed a continuous period of 12 months without such absence.
(5) (a) Subject to the provisions of this subclause, an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave may apply for and the employer shall grant paid sick leave in place of paid annual leave.
(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to the employee’s place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and the employee produces a certificate from a registered medical practitioner to that effect. Provided that this paragraph does not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if unable to attend for work on the working day next following the annual leave.
(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time the employee proceeded on annual leave and shall not be made with respect to fractions of a day.
(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 9. Annual Leave of this Agreement.
(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 9. Annual Leave of this Agreement shall be deemed to have been paid with respect to the replaced annual leave.
(6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Assistance Act, 1981, nor to employees whose injury or illness is the result of the employee's own misconduct.