School Employees (Independent Day & Boarding Schools) Award, 1980

School Employees (Independent Day & Boarding Schools) Award, 1980

1. - TITLE

This award shall be known as the School Employees (Independent Day & Boarding Schools) Award, 1980 and shall replace Award No. 33 of 1959.

1B. - MINIMUM ADULT AWARD WAGE

(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.

(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8)Subject to this clause the minimum adult award wage shall –

(a)Apply to all work in ordinary hours.

(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9)Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10)Adult Apprentices

(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.

(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.

2. - ARRANGEMENT

1.Title

1B.Minimum Adult Award Wage

2.Arrangement

3.Term

4.Area

5.Scope

6.Contract of Employment

6A.Definitions

7.Hours

8.Rosters

9.Meals

10.Overtime

11.Meal Money

12.Mixed Functions

13.Under-Rate Workers

14.Part-Time Employees

15.Casual Workers

16.Annual Leave

17.Public Holidays

18.Sick Leave

19.Long Service Leave

20.Bereavement Leave

21.Maternity Leave

22.Payment of Wages

23.Right of Entry

24.Board and Lodging

25.Uniforms

26.Time and Wages Records

27.Junior Worker’s Certificate

28.Notices

29.Weekend Work

30.Protective Clothing

31.Location Allowances

32.Wages

33.Fares and Motor Vehicle Allowances

34.Superannuation

35.Consultative Provisions

36.Redundancy

37.Introduction of Change

Appendix – Resolution of Disputes Requirements

Schedule A – Parties to the Award

Schedule B – Respondents

Schedule C – Liberty to Apply

Appendix – S.49B – Inspection of Records Requirements

3. - TERM

This award shall be for a term of two years from the first pay period to commence on or after April 10, 1980.

4. - AREA

This award shall have effect throughout the State of Western Australia.

5. - SCOPE

This award shall apply to Cooks, Groundsmen and/or Gardeners and Domestic Employees employed by Independent Day and Boarding Schools.

6. - CONTRACT OF EMPLOYMENT

(1)Except in the case of dismissal for misconduct an employee's service shall not be terminated unless she has received one week's previous notice or payment for such period in lieu thereof.

(2)Except by agreement with the employer no employee shall resign without first giving one week's notice and in the absence of such notice the employer may withhold holiday or other pay up to the amount of a week's wages.

(3)Except for subclause (8) and subject to paragraph (c) of subclause (9), this clause shall not apply to casual employees.

(4)Notwithstanding the foregoing, during the first four weeks of employment, an employer may dismiss an employee or an employee may leave the employment by either one giving the other not less than one hour's notice.

(5)Subject to the provisions of subclause (5) of Clause 7. - Hours of this award, during the school vacation periods the employer shall be relieved of the obligation to provide work and the employee shall not be entitled to the payment of wages in respect of any such period during which no work is performed other than any period during which the employee is on annual leave or a public holiday which falls on a day the employee would normally have worked. Provided that the maximum period covered by this subclause shall be four weeks in any one year.

(6)Where an employee is dismissed for misconduct, wages shall be paid up to the time of dismissal.

(7)The 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 award; provided that such duties are not designed to promote de-skilling.

(8)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.

(9)Job Search Entitlement

(a)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 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 he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(c)This subclause shall not apply to casual employees who have not completed more than 4 weeks’ continuous service.

6A. - DEFINITIONS

Head Groundsperson

Shall mean a person in charge of the grounds of a large school who would be responsible for the supervision of all grounds staff. The person would have qualifications and/or experience in horticulture, preparation of turf wickets and lawn tennis courts, and could have the responsibility for a full size swimming pool.

Senior Groundsperson (Grade 2)

Shall mean a person in charge of the grounds of a small school or section of a large school and who has completed an apprenticeship in horticulture or other relevant horticultural qualifications or who has substantial relevant experience within the horticultural or related industries to such an extent as would justify Grade 2 status. Would have at least one full-time equivalent groundsperson under supervision. The senior groundsperson could have responsibility for the maintenance of a swimming pool and lawn tennis courts, or equivalent levels of responsibility.

Senior Groundsperson (Grade 1)

Shall mean a person in charge of the grounds of a small school or section of a large school who does not have the qualifications or experience required for the Senior Groundsperson Grade 2 classification. Would have at least one full-time equivalent groundsperson under supervision. The senior groundsperson could have responsibility for the maintenance of a swimming pool and lawn tennis courts, or equivalent levels of responsibility.

Gardener/Groundsperson (Grade 2)

Shall mean a person working as a gardener/groundsperson in a large school, who for a significant proportion of the hours of duty is required to operate large ride on mowers, tractors, gang mowers, trucks and/or other similar or related vehicles.

A person who is required irregularly to operate such machinery or vehicles would not be classified Grade 2.

Gardener Groundsperson (Grade 1)

Shall mean a person working under supervision in gardens, grounds or maintenance; or a gardener/groundsperson working in a school under the direction of the head teacher or school manager.

First Cook (Grade 2)

Shall mean a person who is appointed as the senior cook in a school, who holds formal qualifications in cooking/catering or who has substantial relevant experience within the catering or related industries to such an extent as would justify Grade 2 status. A person without qualification would normally require a minimum of 5 years' experience to justify such status. This person could be required to supervise other staff and assist with the ordering of catering supplies.

First Cook (Grade 1)

Shall mean a person appointed as First Cook or Cook working alone who does not have the qualifications or equivalent experience required for classification of First Cook (Grade 2).

Tradesperson Cook

Shall mean a First Cook, Grade 2 who has completed an apprenticeship in cooking, baking or pastry cooking.

7. - HOURS

(1)Subject to this award, the ordinary working hours for full-time employees shall be an average of 38 hours per week, to be worked in not more than 40 hours in any week, or eight in any day and shall be worked on any five days of the week.

(2)Subject to clause 10. - Overtime, the spread of shift in any one day shall not exceed twelve and one-half hours.

(3)In addition to meal breaks there may be one break of at least two hours in each shift for kitchen and dining room workers.

(4)A morning tea break shall be allowed by the employer. The time allowed for such break shall not exceed ten minutes which shall be taken when convenient to the employer without deduction of pay for such time.

(5)As the means of working a 38 hour week, a full-time employee who works 40 hours per week, shall be entitled to payment including shift and weekend penalties for the following days on which the employee shall not be required to attend for work:

(a)Three agreed days during the first school term vacation in each year.

(b)Two agreed days during each of the other school term vacations.

(c)Five agreed days during the Christmas vacation.

(6)In lieu of the provisions of subclause (5) of this clause and notwithstanding other provisions of this award and by agreement between an employer and a majority of employees covered by this award at a workplace, as a means of working a 38 hour week the following may apply:

(a)with at least seven days' notice to the Union by the employer, the hours of work may be arranged so that an employee works 76 hours over nine days each fortnight with the 10th day off on full pay; or

(b)with at least seven days' notice to the Union by the employer, the hours of work may be arranged so that an employee works 152 hours over 19 days in each four week period with one day off on full pay in conjunction with other day(s) off work; or

(c)by agreement with the Union, the hours of work may be arranged so as to provide any other form of implementation of a 38 hour week.

(7)(a)A part-time employee shall be given payment for the days referred to in subclauses (5) and (6) of this clause in the proportion that the hours worked each week bear to 40. A part-time employee shall be granted the days referred to in subclauses (5) and (6) of this clause in the proportion that the number of days worked each week bears to five.

(b)By agreement in writing between the employer and the employee, a part-time employee who works 30 hours per week or less may be paid for all hours worked at the 38 hour week rate in lieu of payment for the days prescribed in subclauses (5) and (6) of this clause.

8. - ROSTERS

(1)A roster of the working hours shall be exhibited in the office of each establishment and in such other place as it may be conveniently and readily seen by each worker concerned.

(2)Such roster shall show -

(a)the name of each worker; and

(b)the hours to be worked by each worker each day and the breaks in shifts to be taken.

(3)(a)The roster in the office shall be open for inspection by a duly accredited representative of the union at such times and place as the record book is so open for inspection.

(b)A duly accredited representative of the union shall be permitted to inspect the roster available to the workers not more than once in any week during the times the record book is so open for inspection.

Provided that the duly accredited representative must notify the employer before entering the place where the roster is kept.

(4)Such roster shall be drawn up in such manner as to show the hours of each worker for one week in advance of the date of the roster, and may only be altered on account of the sickness or absence of a worker, or on account of any contingency that the employer could not reasonably foresee, or due to private arrangement between the workers themselves.

9. - MEALS

A break of at least one-half hour but not more than one hour shall be allowed for each meal. The midday meal shall be between the hours of 11.30 a.m. and 2 p.m. No worker shall be required to work more than five hours without a break for a meal.

10. - OVERTIME

(1)All work done outside the daily spread of hours provided in Clause 7 - Hours of this award, or beyond eight hours in any one day or beyond 40 hours in any one week shall be deemed overtime.

(2)Overtime shall be paid for at the rate of time and one-half for the first two hours and double time thereafter provided that all overtime worked on Saturday and Sunday shall be paid for at the rate of double time.

(3)All work performed by any worker on her/his rostered days off or on days worked in excess of those provided in Clause 7 - Hours of this award, shall be paid for at the rate of double time except where such day is a public holiday when double time and one-half shall be paid.

(4)A worker who is recalled to work outside her/his normal hours of work shall be paid for a minimum of three hours at overtime rates and for all reasonable expenses incurred in returning to work. Provided that this subclause does not apply to workers recalled as part of their normal duties.

11. - MEAL MONEY

(1)Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $10.20 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $7.00 for each meal so required.

(2)The provisions of subclause (1) of this clause do not apply:

(a)in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she will be required; or

(b)to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he/she can reasonably go home.

(3)If an employee to whom paragraph (a) of subclause (2) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself/herself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he/she shall be paid, for each meal provided and not required, the appropriate amount prescribed in subclause (1) of this clause.

12. - MIXED FUNCTIONS

(1)Workers employed at work for which a higher rate is fixed shall be paid such higher rate whilst so employed.

(2)If employed for two hours or more on the higher class of work he shall be paid the higher rate for the whole of that day.

13. - UNDER-RATE WORKERS

(1)Any worker who by reason of old age or infirmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the Union and the employer.