Creative and Therapy Activities Disabled Group Inc. Enterprise Bargaining Agreement 2000
No. AG 252 of 2000
1. - TITLE
This Agreement shall be known as the Creative and Therapy Activities Disabled Group Inc. Enterprise Bargaining Agreement 2000.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Parties to Agreement
4. Duration of Agreement
5. Definitions
6. Contract of Service
7. Hours of Work
8. Salaries
9. Salary Packaging
10. Annual Leave
11. Public Holidays
12. Sick Leave
13. Carer’s Leave
14. Long Service Leave
15. parental Leave
16. Bereavement Leave
17. Leave Without Pay
18. Superannuation
19. Confidentiality
20 Grievance Procedures
21. Training
22. Motor Vehicle Allowance
23. Redundancy/Introduction of Change
Schedule A - Staff Code of Behaviour
Schedule B - Salary Packaging Arrangements
Signature of Parties
3. - PARTIES TO AGREEMENT
This Agreement shall be binding upon Creative and Therapy Activities Disabled Group Inc. (the Employer) and the Australian Liquor, Hospitality and Miscellaneous Workers Union, WA Branch (“the Union”).
4. - DURATION OF AGREEMENT
(1) This Agreement shall operate from the day of registration for a period of two (2) years, and applies to approximately five (5) employees.
(2) Notwithstanding the provisions of subclause (1) above, the terms of this Agreement shall continue to operate until it is replaced by a new Agreement.
5. - DEFINITIONS
“Casual employee” means an employee engaged with no guarantee of continual or additional employment.
“Coordinator” means the person appointed as the Coordinator of the Creative and Therapy Activities Disabled Group Inc.
“Full-time” employee means an employee engaged to work an average of 38 hours per week.
“Part-time employee” means an employee regularly employed to work less hours than those prescribed for a full-time employee.
“Committee” means the Management Committee of the Creative and Therapy Activities Disabled Group Inc., and has the same meaning as “Employer” for the purposes of this Agreement.
“Union” means the Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch.
6.- CONTRACT OF SERVICE
(1) The employee shall be employed in the appointed classification and shall be required to work in accordance with her/his statement of duties, the policies and procedures and the Staff Code of Behaviour (Schedule A). The Employer may vary the employee’s duties provided the variation is reasonable and the duties are within the employee’s skill, competence and training.
(2) Employment may be on a full-time, part-time or casual basis, or may be for a limited term as specified in the employee’s contract of employment.
(3) (a) Employment is conditional upon funding being granted and continued. If funding ceases or is materially affected then employment may terminate in accordance with the terms and conditions of this clause.
(b) Where a position requires the employee to hold a current driving license of a particular class or classes and the employee loses such license, the Employer reserves the right to terminate the contract if no other suitable arrangements for driving the vehicle can be found.
(4) Probation
(a) An employee may be engaged as a probationary employee during an initial probationary period of up to three months duration which may be terminated at any time during this period by either party giving one weeks notice or bxy the payment in lieu thereof.
(b) The Employer shall complete a final probationary review prior to the end of the probationary period specified in the contract of employment and immediately inform the employee of the outcome of this review in the following terms:
(i) Where the Employer has determined that the probationary employee has satisfactory completed their probation, their employment will continue; or
(ii) Where the Employer, has determined that the probationary employee has not satisfactorily met the Employer’s work performance requirements, the probationary employee shall be informed of the outcome of the final review and shall be given two weeks’ notice of termination of employment or payment in lieu thereof.
(iii) Notwithstanding the provision of (ii), hereof, in lieu of the Employer terminating a probationary employee following the initial 3 months period, the Employer and the employee may agree that the probation period be extended for up to a further period of 3 months, during which the procedure shall be the same as for the initial period.
(5) Notice of Termination by Employer:
(a) In order to terminate the employment of an employee the Employer shall give the employee the following notice:
Period of Continuous Service Period of Notice
less than 3 years 2 weeks
3 years but less than 5 years 3 weeks
5 years and over 4 weeks
The notice period shall be increased by one week in each case where the employee is over 45 years old and has completed at least two years continuous service with the Employer.
(b) Payment in lieu of the notice prescribed in paragraph (a) of this subclause shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) In calculating any payment in lieu of notice the Employer shall pay the employee the ordinary salary for the period of notice had the employment not been terminated.
(d) Notwithstanding the provisions of this clause, the Employer may dismiss the employee without notice for serious misconduct or other reasons justifying such action.
(6) Notice of Termination by employee
(a) The notice of termination required to be given by an employee shall be the same as is required by the Employer or such lesser period as agreed between the Employer and the employee.
(b) If an employee fails to give the required notice or having given, or been given such notice, leaves before the notice expires, the employee forfeits the entitlement to any moneys owing to the employee under this Agreement except to the extent that those moneys exceed the ordinary payment for the required period of notice.
7. - HOURS OF WORK
(1) Unless otherwise specified, the ordinary hours of duty for full time employees shall be 38 hours per week Monday to Friday and shall be worked in no more than 8 hours on one day and between the hours of 7.00am and 6.00pm.
(2) The ordinary hours for a part time employee shall be less than 38 hours, but may be varied by agreement between the Co-ordinator and the employee.
(3) The employee shall be allowed an unpaid meal break of not less than half an hour during each shift to be taken at a time mutually agreed between the employer and the employee.
(4) Where the employee is required to work additional time beyond normal requirements, the employee shall be allowed time off in lieu of payment which shall be taken at such time as is mutually agreed between the Coordinator and the employee.
(5) Time in lieu may be accumulated up to a maximum of 15 hours and shall be taken at a time mutually agreed between the Coordinator and the employee within 4 weeks of accrual unless otherwise approved by the Committee.
(6) Employees may be specifically engaged to work ordinary hours on Saturdays.
Time worked on Camps
(7) Where an employee is required by the Employer to attend a camp, additional hours worked on camp shall be remunerated as time in lieu at the rate of single time for hours worked on Monday to Saturday inclusive, and double time for hours worked on Sundays and public holidays.
8. - SALARIES
(1) By application of one of the parties to the Western Australian Industrial Relations Commission, these rates shall be adjusted in accordance with State Wage Decisions.
(2) The wages and classifications of employees covered by this agreement are stipulated below.
Co-ordinator $727.39 per week
$19.1418 per hour
Senior Activities Officer $560.50 per week
$14.75 per hour
Administration Support Officer $518.79 per week
$13.6523 per hour
Craft Activities Officer $518.79 per week
$13.6523 per hour
Salaries shall be paid fortnightly by cheque or electronic funds transfer, at the employer’s discretion, into a bank of building society account nominated by the employee.
9. - SALARY PACKAGING
(1) Salary packaging shall be available to full-time and part-time employees. However no employee is required to opt for these arrangements. The salary package shall not increase the total cost of employment to the Employer. Where salary packaging is availed of, the terms and conditions of such a package shall not, when viewed objectively, be less favourable to the employee than the entitlements otherwise available under this Agreement.
(2) Where agreed in writing between the Committee and the employee, an employee may elect to package up to a maximum of 30% of her/his salary to a non salaried benefit. An employee may seek the approval of the Committee to increase this limit in special circumstances.
(3) The Employer shall ensure that the structure of any salary packaging arrangement complies with taxation and other relevant laws. A copy of the agreement shall be provided to the employee.
(4) The employee shall be entitled to inspect details of the payments and transactions made under the terms of the arrangement.
(5) Employees who participate in salary packaging are encouraged to seek independent financial advice prior to their entering such arrangements.
(6) The configuration of the remuneration package shall remain in force for the period agreed between the employee and Employer. 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 employee, an unused amount may be carried forward to the next period or paid as salary which will be subject to usual taxation requirements.
(7) In the event that changes in legislation, Income Tax Assessment Act determinations or rulings, particularly in respect of the Employer’s fringe benefit tax exempt status, remove the Employer’s capacity to maintain the salary packaging arrangements offered to employees under this Agreement, the employer shall be entitled to withdraw from the salary packaging arrangements by giving notice to each affected employee with effect from the date the legislation becomes operative.
(8) Where salary packaging arrangements are to be cancelled for reasons other than legislative requirements, the employee must give two (2) weeks notice, and the Employer must also give two (2) weeks notice.
(9) In the event that the employee ceases to be employed by the Employer, the salary packaging arrangements will cease to apply as at the date of termination. Any outstanding benefit still due upon termination shall be paid on or before the date of termination having regard for the provisions of (4)(e) of Schedule B.
10. - ANNUAL LEAVE
(1) Each employee shall be entitled to four (4) weeks annual leave at the employee’s ordinary rate of pay for each completed year of service.
(2) Annual leave shall accrue pro rata on a weekly basis.
(3) Part-time employees shall be entitled to annual leave on a pro rata basis.
(4) Annual leave shall be taken as soon as practicable after falling due. Provided that leave can only be held in credit beyond the year following its accrual with the approval of the Committee.
(5) The employee shall be paid for a period of annual leave at the time of going on leave.
(6) (a) If the employee lawfully leaves the employment or the employment is terminated by the Employer through no fault of the employee before the employee has taken annual leave to which he or she is entitled, the employee shall be paid for the untaken leave.
(b) If the employee leaves the employment or the employment is terminated by the Employer in circumstances other than those referred to in paragraph (a) hereof, before the employee has taken annual leave to which he or she is entitled, the employee shall be paid for any untaken leave that relates to a completed year of service, except that if the employee is dismissed for misconduct, the employee is not entitled to be paid for any untaken leave that relates to a year of service that was completed after the misconduct occurred.
(7) Annual leave may, by agreement, be taken in advance of it having accrued. Provided that in such a case the advance payment shall be offset against any future leave accrual or against monies otherwise payable to the employee on termination.
(8) In addition to annual leave payments, an employee proceeding on annual leave shall receive a loading of 17.5% of annual leave pay. Provided that upon termination the loading shall not be paid on pro rata leave.
(9) This clause shall not apply to casual employees.
11. - PUBLIC HOLIDAYS
(1) Where the employee, other than a casual employee, is not required to work on a day solely because that day is a public holiday, she/he shall be entitled to leave on that day without loss of pay.
(2) Provided that an employee shall be entitled to a day’s paid leave on a public holiday, which occurs during the employee’s annual leave.
(3) “Public holiday” means any of the following days, or days observed in lieu thereof:
New Year’s Day; Australia Day; Labour Day; Good Friday; Easter Monday; Anzac Day; Foundation Day; Sovereign’s Birthday; Christmas Day; Boxing Day.