ROCKY BAY INC INDUSTRIAL AGREEMENT 2011 - 2014
Agreement No. AG 15 of 2011
1. TITLE
This Agreement will be known as the Rocky Bay Inc. Industrial Agreement 2011 - 2014 (the “Agreement”).
2. ARRANGEMENT
1. TITLE 1
2. ARRANGEMENT 1
3. PARTIES, AREA AND SCOPE 3
4. TERM OF AGREEMENT 3
5. REPLACEMENT 3
6. NUMBER OF EMPLOYEES 3
7. DEFINITIONS 4
8. OBJECTIVES 5
9. COMMITMENT TO IMPROVED PRODUCTIVITY 6
10. CONTRACT OF SERVICE 6
11. CASUAL EMPLOYEES 7
12. PART-TIME EMPLOYEES 7
13. HOURS OF WORK 7
14. TWELVE HOUR SHIFTS 9
15. 24 HOUR RECREATION SUPPORT SHIFT 9
16. 24 HOUR SUPPORT SHIFT 10
17. OCCASIONAL ADDITIONAL SHIFTS 10
18. SLEEP SHIFT 11
19. OVERTIME 11
20. SHIFT WORK 12
21. WAGES 13
22. SALARY PACKAGING 13
23. CALCULATION OF PENALTIES 14
24. HIGHER DUTIES 14
25. JOURNEY COVER INSURANCE 14
26. INFLUENZA VACCINATION 14
27. PROTECTIVE CLOTHING 15
28. ANNUAL LEAVE 15
29. PUBLIC HOLIDAYS 17
30. LONG SERVICE LEAVE 18
31. PAID PERSONAL LEAVE 19
32. PAID CARER’S LEAVE 20
33. UNPAID CARERS’ LEAVE 21
34. PARENTAL LEAVE 21
35. COMPASSIONATE LEAVE 24
36. LEAVE WITHOUT PAY 25
37. PROFESSIONAL DEVELOPMENT / STUDY LEAVE 25
38. NOTICE OF TERMINATION 25
39. INTRODUCTION OF CHANGE 27
40. REDUNDANCY 28
41. SUPERANNUATION 30
42. UNION DELEGATES 31
43. SUPPORTED WAGE SYSTEM 32
44. DISPUTE RESOLUTION PROCEDURES 35
45. NO REDUCTION 36
46. SIGNATORIES TO AGREEMENT 37
SCHEDULE ONE - WAGES 39
SCHEDULE TWO - CLASSIFICATIONS 41
3. PARTIES, AREA AND SCOPE
3.1 The parties to this Agreement are Rocky Bay Inc., the Health Services Union of Western Australia (Union of Workers), , United Voice WA and the Australian Nursing Federation, Industrial Union of Workers, Perth.
3.2 This Agreement applies throughout the state of Western Australia and is binding on the parties to this Agreement and all employees who are employed in any of the classifications employed by the employer who are eligible to be members of the above-named unions.
3.3 This Agreement is intended to reflect the entirety of the employee’s terms and conditions of employment and unless expressly stated otherwise, operates to the exclusion of any provisions of any Award or industrial instrument.
4. TERM OF AGREEMENT
4.1 This Agreement shall operate for a period of three years from the date of registration with the Commission.
4.2 Upon signing of this Agreement, all wage rates stipulated in this Agreement will apply from the first pay period in July 2011.
4.3 Employees must not engage in industrial action before the nominal expiry date of this Agreement.
5. REPLACEMENT
5.1 This Agreement replaces and cancels the Rocky Bay Incorporated Salaried Officers Enterprise Agreement 2002 (No. AG 204 of 2002).
5.2 Notwithstanding the provisions of Clause 4 – Term of Agreement, this Agreement shall continue to operate until it is replaced or cancelled in accordance with the provisions of the Industrial Relations Act 1979.
5.3 The parties to this Agreement may commence negotiations for a replacement agreement three months prior to the expiry of this Agreement.
6. NUMBER OF EMPLOYEES
At the time of registration there are an estimated 350 employees covered by the provisions of the Agreement.
7. DEFINITIONS
“Afternoon Shift” means a shift commencing on or after 12.00 noon and finishing after 6.00 pm.
“ANF” means the Australian Nursing Federation, Industrial Union of Workers, Perth.
“Casual Employee” means an employee employed on an hourly basis with no guarantee of continual or additional employment.
“Client” means service recipient and/or guardian/family.
“Commission” means the Western Australian Industrial Relations Commission.
“Continuous Service” includes:
(i) any absence on account of personal sickness or accident for which an employee is entitled to claim personal leave as prescribed by this Agreement or on account of leave lawfully granted by the employer;
(ii) any absence with reasonable cause, proof whereof shall be upon the employee; and
(iii) any absence on approved leave without pay.
Provided that in the calculation of continuous service, any time in respect of which any employee is absent from work, except time for which an employee is entitled to claim paid leave and public holidays, will not count as time worked.
“Disability Support Employee” means an employee who is not required to be registered pursuant to the Health Practitioner Regulation National Law (WA) Act 2010 as amended whose major duty is to provide care to persons who are unable to attend to their day to day personal, social, employment and health and hygiene needs.
“Employee” means all employees engaged by the employer who are covered by this Agreement.
“Employer” or “Organisation” means Rocky Bay Inc.
“Full-time Employee” means an employee engaged to work 38 ordinary hours a week or 76 ordinary hours a fortnight.
“HSU” means the Health Services Union of Western Australia (Union of Workers).
“Member of the employee’s family or household” means any of the following persons:
(i) the employee’s spouse, de facto or same sex partner;
(ii) a child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);
(iii) a parent, step-parent or grandparent of the employee;
(iv) a sibling of the employee; or
(v) any other person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee as a member of the employee’s household.
“Night Shift” means a shift commencing at or after 9.00 pm and before 4.00 am.
“Occasion of Absence” for the purposes of paid personal leave means a normal work day, or a normal work shift or part thereof. Consecutive days are regarded as single absences (eg. two days equal two absences).
“Ordinary Rate” means the base classification rate excluding shift and weekend penalties.
“Part-time Employee” means an employee regularly employed to work fewer hours than those prescribed for full-time employees, in any weekly period. For such employees entitlements are pro-rata as appropriate.
“Registered Nurse” means a person registered under the Health Practitioner Regulation National Law (WA) Act 2010.
“Temporary Employee” means an employee engaged full-time or part-time as a replacement employee or other purposes as required to fulfil the obligations of the employer, provided that the period of engagement of a temporary employee will be not less than twenty consecutive working days and not normally more than a period of twelve months.
“UV” means United Voice WA.
8. OBJECTIVES
The purposes of this Agreement are to:
8.1 Accept a mutual responsibility to maintain a productive and supportive working environment, to ensure that the employer and its employees contribute to the employer’s aims, objectives and philosophy.
8.2 Provide consistency regarding general conditions of employment for employees employed by the employer.
The parties have entered into this Agreement in good faith, with the Agreement representing full settlement of all issues and expectations.
9. COMMITMENT TO IMPROVED PRODUCTIVITY
9.1 Employees and the employer agree to work together to achieve a culture within the organisation in which they:
(i) Work as a team recognising the contribution of each individual, recognising their skills and needs and providing mutual support;
(ii) Understand the needs of the clients of our service and make every endeavour to meet and exceed these needs in order to remain competitive within the sector.
9.2 Without limiting the scope of measures to be examined during the term of this Agreement, the parties agree to work co-operatively to achieve actual productivity and efficiency gains through the above commitments.
10. CONTRACT OF SERVICE
10.1 Upon engagement, the employer will provide the employee with a copy of this Agreement and a written contract of employment which will specify:
(i) their position;
(ii) the department in which the employee works;
(iii) the employee’s contracted hours of employment;
(iv) the employee’s level of pay;
(v) the employee’s probationary period; and
(vi) whether the employee is engaged on a full-time, part-time, casual or fixed term basis.
10.2 Employees (other than employees engaged as casual or on fixed term contracts) become permanent employees of the employer on satisfactory completion of their three month probationary period. At this time each employee will be provided with a written statement specifying permanent minimum number of hours per fortnight and/or days of work that the employee is contracted to work.
10.3 If the employer concludes that the employee is unlikely to be a satisfactory appointment, the employer will give the employee opportunity to respond to such concerns prior to the end of the probationary period.
10.4 After considering such response, the employer may:
(i) confirm the appointment of the employee; or
(ii) extend the probationary period for an additional period not exceeding three months, to enable a further assessment of the employee to be made; or
(iii) terminate the employment.
10.5 Where an employee’s period of probation has been extended, the employer shall notify the employee in writing of the fact and the period of extension.
10.6 Notice provisions shall be as specified in Clause 38 – Notice of Termination.
10.7 The employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence or training.
10.8 Each employee employed at the commencement of this agreement on a current 076 hour per fortnight contract shall, within 12 weeks of the commencement of this agreement, be provided with a written contract of employment specifying the minimum number of hours that the employee is contracted to work. The minimum hours in the contract referred to in the above subclause shall reflect:
(a) the hours being worked by the employee, where the employer is able to demonstrate a shift pattern in the previous six months, or by mutual agreement, or
(b) at least 70 percent of time worked by the employee where the employee is unable to demonstrate a shift pattern in the previous six months.
Work Location
10.9 Employees may be required to work at any location where the employer provides services.
10.10 Any change to work location will be made in consultation with an employee. Consideration will be given to the employee’s personal circumstances including travel time.
11. CASUAL EMPLOYEES
11.1 A casual employee will be engaged on an hourly basis and will be paid an hourly rate as prescribed for the class of work on which the employee is engaged.
11.2 In lieu of entitlements for annual leave, public holidays, long service leave, paid personal leave and paid compassionate leave as prescribed in this Agreement, a casual employee will be paid 1/38th of the weekly rate of their classification for each hour worked plus a loading of 25%.
11.3 Casual employees will be advised of their employment conditions prior to being engaged.
12. PART-TIME EMPLOYEES
12.1 A part-time employee will receive payment for wages, annual leave, long service leave, personal leave, compassionate leave and other allowances as prescribed, in the same ratio as the ordinary hours worked relate to a full-time employee.
12.2 A part-time employee may agree to work additional hours and/or shifts at ordinary rates (plus shift or weekend penalties) subject only to the normal rostering parameters of a full-time employee.
13. HOURS OF WORK
13.1 Subject to this Agreement, hours of work and rosters to be worked will be as designated by the employer following consultation with employees.
13.2 Priority in rostering of hours of duty will be for the needs of the clients and the employer, and due regard will be taken of the needs and requirements of employees.
13.3 Ordinary hours will not exceed 10 hours per day except where employee and employer agree to the employee working up to 12 ordinary hours. Ordinary hours does not include the provisions under Clause 14 – Twelve Hour Shifts, Clause 15 – 24 Hour Recreation Support Shift and Clause 16 – 24 Hour Support Shift.
13.4 Ordinary hours will not exceed 76 in a two week cycle. Such hours will be worked Monday to Sunday inclusive between the hours of 6.00 am and 7.00 pm.
13.5 Office hours are between the hours of 8.30am and 5.00pm Monday to Friday. Employees working under office hours arrangements must have authorisation to work outside of these hours. The ability to work outside of office hours will be dependent upon the needs of the organisation and must be authorised by the Director of the employee’s Division.
13.6 In consultation with the employee, reasonable additional hours may be worked in excess of the ordinary hours.
13.7 In extenuating circumstances an employee may be required to work a shift without prior notice. A shift without prior notice would immediately follow the employee’s ordinary shift. A shift without prior notice must be authorised by the employer. Overtime rates will be paid to the employee from the beginning of the shift without prior notice and for all time worked until the end of that shift.
Rosters
13.8 A roster of working hours shall be displayed in a convenient place where it is readily accessible to each employee covered by it.
13.9 The roster shall be accessible at least seven days before it comes into operation.
13.10 The roster may be altered at the employer’s discretion at any time if the employer’s organisational requirements render such alteration to be necessary. When such alteration occurs, the employer shall notify the employee(s) affected.
Break between shifts and meal breaks
13.11 The employer and employee may agree to vary the provisions of this sub-clause to enable the services of the employer to be carried out. This does not however enable the employer and employee to agree to a roster that regularly operates on this basis. The flexibility available to employees within the provisions of this sub-clause will be subject at all times to the needs of the clients and the relevant programme.
(i) By agreement between the employer and the employee, an employee will be allowed a minimum of an 8 hour break between shifts.
(ii) An employee will not work for more than six hours without a meal break unless the employer and employee agree.
(iii) Each meal break will be no less than thirty minutes’ duration unless the employer and employee agree to vary this time.
(iv) An employee will be entitled to one paid tea break of 10 minutes’ duration provided that the hours worked exceeds four hours. Provided that the entitlement will not apply on those occasions where client’s requirements are such that a break cannot reasonably be taken.