Intework Supported Employees Wages Agreement 2004

2004 WAIRC 13528

Intework Supported Employees Wages Agreement 2004

AG 195 of 2004

SCHEDULE

Intework Supported Employees Wages Agreement 2004

1. - TITLE

This Agreement shall be known as the Intework Supported Employees Wages Agreement 2004.

2. - CONTENTS

1. - TITLE 3

2. - CONTENTS 3

3. – AREA AND SCOPE 3

4. – TERM 3

5. - CONTRACT OF SERVICE 3

6. – HOURS OF WORK 4

7. –LEAVE 4

7.1 Annual Leave 4

7.2 Carers’ Leave 4

7.3 Long Service Leave 4

7.4 Leave Without Pay 5

7.5 Payment of Leave Accumulation 5

7.6 Application and Approval 6

8. - TERMINATION 6

8.1 Notice of Termination by Employer: 6

8.2 Notice of Termination by Employee 7

8.3 Performance Management / Discipline Procedures 7

9. – DISPUTE SETTLEMENT PROCEDURES 8

10. – WAGES 9

11. – SUPPORTED WAGE SYSTEM 10

12. – EMPLOYEES COVERED BY THIS AGREEMENT 12

13. – DEFINITIONS 12

SIGNATURES OF THE PARTIES: 13

SCHEDULE A –PAY RATES 14

3. – AREA AND SCOPE

This Agreement applies to the Disabled Workers Union of Western Australia, Intework Incorporated and supported employees of Intework Incorporated, who are eligible for or in receipt of, a Disability Support Pension and membership of the Disabled Workers Union of Western Australia under the provisions of the Supported Employees Industry Award 1988, within the State of Western Australia.

This Agreement shall be read in conjunction with the Award but will prevail over the Award to the extent of any inconsistency.

4. – TERM

This Agreement shall be for a term of 3 years from the date of registration.

5. - CONTRACT OF SERVICE

5.1  On initial engagement an employee shall be placed on probation for a period of up to 3 months.

5.2  At the end of the 3 months period the employer may confirm the appointment, terminate the engagement or extend the probationary period for a further period of up to 3 months. Provided that a probation period shall not exceed 6 months in total.

5.3  Notwithstanding the provisions of Clause 8. - TERMINATION, the notice period to apply in the case of a probationary employee shall be one week.

5.4  Subject to this Agreement, Intework Incorporated is committed to maintaining job security of its employees covered by this Agreement but this shall not be construed as limiting the employer’s right to engage employees on a fixed or limited tenure basis where there are specific funding limits tied to a position or a position or project is of a defined short term nature.

6. – HOURS OF WORK

6.1  The ordinary hours of full time employees shall be 38 per week. Part time employees’ hours shall be proportionate to those of full time employees.

6.2  Employees will not be required to work for a minimum of 2 weeks over the Christmas/New Year period.

6.3  If there is, beyond the control of the employer, a serious downturn in the availability of work and a resultant reduction in the staffing levels required for a rostered work day, the employer may, within a period of not less than 12 hours prior to the commencement of the proposed rostered work day, cancel the rostered work. Should lesser notice be received, employees will be entitled to the minimum payment referred to in Clause 10. – Wages.

7. –LEAVE

7.1 Annual Leave

An employee may apply for and be granted up to 8 weeks on half pay instead of 4 weeks on full pay, subject to the Employer’s convenience and there being adequate reasons given for such request.

7.2 Carers’ Leave

Sick leave to a maximum of 5 days per annum may be used where an employee is required to care for a sick or injured spouse, child or family member normally living with and under the care of the employee. Satisfactory proof of the entitlement and medical certificates or other reasonable proof of illness or injury, where relevant shall be supplied to the Employer when leave under this subclause is required.

7.3 Long Service Leave

7.3.1  Except as provided in sub clause (2) hereof the long service provisions published in volume 83 of the Western Australian Industrial Gazette at pages 195 to 198 inclusive or as updated from time to time, are hereby incorporated in and shall be deemed to be part of this Agreement.

7.3.2  In lieu of the provisions in Clause 7 – of the long service provisions referred to in 7.3.1, employees under this Agreement shall be entitled to 13 weeks of leave in respect of each completed period of 10 years service with the Employer, or pro rata entitlement to such leave after 7 completed years of service.

7.3.3  A full-time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on both a full time and part time basis may elect to take a lesser period of long service leave calculated by converting the part time service to equivalent full time service.

7.3.4  A part time employee may elect to take a lesser period of long service leave calculated by converting any portion of the part time service to equivalent full time service.

7.3.5  Where an employee serves 7 years or more of completed service and an employee resigns or the employment is terminated (Clause 8), an employee shall be paid proportionate long service leave entitlement accrued at the date of resignation or termination.

7.3.6  Employees under this Agreement may, at the employee’s request, take portions of accrued long service leave, providing that such portion shall be not less than 1 week.

7.3.7  Subject to the Employer’s approval, an employee may take long service leave in double periods of time at half pay, or at the rate of double pay for half the period of time, so that the payment for the leave does not exceed that for the actual period of leave accrued.

7.4 Leave Without Pay

7.4.1  Subject to the discretion of the Employer, and provided that an employee has no accumulated leave which shall include long service leave and holiday entitlements but shall exclude sick leave, and provided further that in the reasonable discretion of the Employer the activities of the Employer shall not be inconvenienced thereby, an employee may be granted leave without pay.

7.4.2  On return from a substantial period of leave without pay, the Employer shall be at liberty to place an employee in a different position within Intework than that previously held provided that an employee shall not suffer any reduction in entitlements.

7.5 Payment of Leave Accumulation

Annual Leave

7.5.1  Subject to the provisions of the Minimum Conditions of Employment Act 1993, by agreement between the employer and an employee, an employee who has in excess of 8 weeks leave accumulated, may request that a portion of that leave be paid out rather than taken as leave.

7.5.2  Subject to the Minimum Conditions of Employment Act 1993, only leave in excess of a balance of 4 weeks may be paid out.

7.5.3  Payment in lieu of annual leave will be made in conjunction with a period of annual leave taken or on an undertaking that an employee will take a minimum of two weeks annual leave in that accrual year, unless otherwise approved by the employer.

Long Service Leave

7.5.4 By agreement between the employer and employee concerned, an employee may request and be granted that a portion or all of an entitlement to long service leave be paid out rather than taken as leave.

7.6 Application and Approval

All applications for annual and/or long service leave to be paid out shall be made on the appropriate application form and must be approved by the relevant senior Manager.

8. - TERMINATION

8.1 Notice of Termination by Employer:

8.1.1 In order to terminate the employment of an Employee the Employer shall give an employee the following notice:-

Period of Continuous Service Period of Notice

During the first month 1 day

More than one month but less than 3 years 2 weeks

3 years but less than 5 years 3 weeks

5 years and over 4 weeks

8.1.2  The notice period shall be increased by one week in each case where an employee is over 45 years old and has completed at least two years continuous service with the Employer.

8.1.3  Payment in lieu of the notice prescribed in 8.1.1 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.

8.1.4  In calculating any payment in lieu of notice the Employer shall pay an employee the ordinary salary for the period of notice had the employment not been terminated.

8.1.5  For the purpose of this Clause continuity of service shall not be broken on account of:

(a) any interruption or termination of the employment by the Employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

(b) any absence from work on account of personal sickness or accident for which an employee is entitled to claim sick pay as prescribed by this agreement or on account of leave lawfully granted by the Employer; or

(c) any absence with reasonable cause, proof whereof shall be upon the Employee;

Provided that in the calculation of continuous service under this subclause any time in respect of which an employee is absent from work except time for which an employee is entitled to claim annual leave, sick pay, long service leave and public holidays as prescribed by this agreement shall not count as time worked.

8.1.6 This clause does not affect the Employer‘s right to summarily dismiss an employee, in writing, without notice, if the employee is guilty of serious misconduct, including, for example, stealing, violent and/or aggressive behaviour, sexual harassment or repeated or continued (after warning) absences from work without permission or any other serious breach of the duties and obligations of the employee under their contract of employment.

8.2 Notice of Termination by Employee

8.2.1  The notice of termination required to be given by an Employee shall be the same as that required of an Employer except that the additional notice with respect to employees over 45 years of age shall not apply.

8.2.2  If an Employee fails to give the required notice or having given, or been given such notice, leaves before the notice expires, the Employer shall be entitled to deduct an amount equivalent to the notice not served from any other monies owed to the Employee on termination.

8.3 Performance Management / Discipline Procedures

8.3.1  The performance of employees under this Agreement shall be subject to regular appraisal and assessment as may be determined by the Employer. The assessment should include feedback in relation to both positive and negative aspects of the employee’s performance.

8.3.2  Except in the case of serious misconduct where employment may be terminated immediately, the following disciplinary procedures for unsatisfactory work and conduct shall be as follows:-

(i) Verbal Warning: The Employer's representative shall explain to the Employee the reasons for instituting disciplinary procedures and discuss plans for overcoming the problem. If warranted, a verbal warning may be given and the discussion and plans are to be recorded in writing and a reasonable time for review determined.

(ii) First Written Warning: If the Employee's performance is still unsatisfactory at the time of the review, there shall be a further discussion with the Employee. If warranted, a written warning may be given and the discussion and the plans for improvement will be recorded in writing, explained to the employee and a copy given to the Employee clearly stating that the lack of improvement by a given time may result in termination or a final written warning.

(iii) Final Written Warning: In the event that the Employer decides not to terminate at this point, the Employee shall be given a final written warning.

(iv)  Dismissal: If satisfactory progress is not made within a reasonable time of the final warning, the Employer may dismiss the Employee.

(v) In any dispute concerning these procedures or an Employee's discipline, the grievance procedures in Clause 9.- Dispute Settlement Procedures of this Agreement may be invoked, including representation on behalf of the Employee.

9. – DISPUTE SETTLEMENT PROCEDURES

9.1 Where an employee has a question, dispute or difficulty arising out of his or her employment or relating to the application, meaning or effect of this Agreement, the dispute shall be dealt with in the following manner:

9.1.1  In the first instance the Employee shall attempt to resolve the grievance with his or her immediate supervisor; or

9.1.2  If any such attempt at settlement fails or where the circumstances of the dispute or claim are of such nature that a direct discussion between the Employee and his or her immediate supervisor could not reasonably be expected to resolve the matter then in any such case the Employee may request a meeting with the appropriate manager to resolve the matter.

9.1.3  The parties in proceeding through the steps of dispute resolution shall set sensible time limits.