scotchcollege administrative and technical officers (enterprise bargaining) agreement 2007
AG 3 of 2008
PART 1 – APPLICATION AND OPERATION
1. - TITLE
This agreement shall be known as the Scotch College Administrative and Technical Officers (Enterprise Bargaining) Agreement 2007 and shall replace Scotch College Administrative and Technical Officers (Enterprise Bargaining) Agreement 2005.
2. - ARRANGEMENT
This agreement is arranged as follows:
Part 1 - Application and operation
1. Title
2. Arrangement
3. Parties to the Agreement
4. Scopeof agreement
5. Term of agreement
6. Objectives
7. Definitions
Part 2 - Employment and termination arrangements
8. Contract of Service
9. Professional Development
10. Hours of duty
11. Christmas/New Year closedown
Part 3 - Leave and public holidays
12. Personal Leave
13. Carers Leave
14. Leave without pay
15. Annual Leave
16. Long Service Leave
17. Special Leave
18. Bereavement Leave
19. Parental Leave
20. Public holidays
Part 4–Classifications, salaries and allowances
21. Position classifications
22. Salaries
23. Higher duties
24. Management of Change
25. Travelling Allowance
26. Salary Records
27. Inspection of Records
28. Right of Entry
29. Superannuation
30. Salary Packaging
31. Performance Review System
32. Redundancy Provisions
33. Supported wage system
34. Consultative Provisions
35. Dispute Resolution Procedure
36. No Reduction
37. No Further Claims
38. No Precedent
39. Signatories
3. - PARTIES TO THE AGREEMENT
This agreement is made between ScotchCollege (the College) and the Independent Education Union ofWestern Australia, Union of Employees (the IEUwa), a registered organisation of employees.
4. – SCOPE of Agreement
(1)This agreement applies to administrative and technical officers as defined, who are employed at ScotchCollege in Western Australia in the classifications mentioned in Clause 21 of this agreement and who are members or are eligible to be members of the IEUwa.
(2)This agreement provides for all conditions contained within The Independent Schools Administrative and Technical Officers Award 1993.
(3)The number of employees covered by this agreement is35.
5. - TERM OF THE AGREEMENT
(1)This Agreement shall be effective from 1st January 2007 until 31st December 2009. The terms and conditions of this agreement shall remain in place after this date until a subsequent agreement is registered.
(2)The parties agree to meet no later than four (4) months prior to the expiration of this agreement to commence negotiations for a new agreement.
6. - OBJECTIVES OF THE AGREEMENT
The nature and purposes of this agreement are to:
(1)Consolidate and further develop initiatives arising out of the agreement restructuring process.
(2)Re-affirm a mutual responsibility to maintain a working environment which will ensure that the College and its staff continue to be genuine participants and contributors to the College's aims, objectives and philosophy.
7. - DEFINITIONS
(1)"Officer" shall mean any person employed on the administrative or technical staff.
(2)"Full Time Officer" shall mean any person employed regularly on the administrative or technical staff of an independent school and whose total ordinary hours are 37.5 hours per week for a minimum of 40 weeks per year.
(3)"Part-Time Officer" shall mean any person employed regularly on the administrative or technical staff whose total ordinary hours and/or weeks worked in the school, are less than those prescribed for full-time officers.
(4)"Temporary Officer" shall mean an officer engaged full-time or part-time as a replacement officer or for such purpose as may be required to fulfil the obligations of the school, provided that the period of engagement of a temporary officer shall be not less than twenty consecutive working days and not normally more than a period of twelve months.
(5)"Relief Officer" shall mean any person employed full-time or part-time on a daily rate for a period not exceeding nineteen consecutive days at the same school.
(6)"Experience" for the purpose of this Agreement shall mean the full-time equivalent years of any relevant experience acquired by an officer, at his/her classification level.
(7)“Continuous Service” shall include unbroken, full-time, part-time and temporary service, paid leave, any stand down period and unpaid leave of less than two (2) consecutive weeks, with Scotch College.
Part 2 – Employment Arrangements
8. - CONTRACT OF SERVICE
(1)(a)Each officer shall, upon engagement, be given a letter of appointment wherein the general conditions of appointment are stated.
(b)This shall include statements of the classification and the salary step relevant to the appointment and the number of weeks of work per year, excluding annual leave, for which the officer has been engaged.
(2) The letter of appointment shall not contain any provision which is inconsistent with or contrary to any provision of this Agreement.
(3)During the school vacation periods or any part thereof during which an officer cannot be usefully employed, the employer shall be relieved of the obligation to provide work and the officer shall not be entitled to the payment of salary in respect of any such period during which no work is performed other than any period during which the officer is on annual leave or a public holiday where the public holiday falls on a day on which the officer would normally be employed to work. Provided that the maximum period covered by this subclause shall be eight (8) weeks in any one year. Such leave shall be termed ‘stand down’.
(4)Except in the case of a relief officer, the termination of service of any officer shall require a minimum period of notice as set out below:
(a)Employer’s period of notice
Officer’s period of continuous service / Employer’s period of NoticeUp to 3 years / at least 2 weeks
More than 3 years but less then 5 years / at least 3 weeks
More than 5 years / at least 4 weeks
If the officer is over 45 years of age and has served at least two (2) years of continuous service this notice is to be increased by one (1) week.
(b)Officer’s period of notice.
Termination of service by an officer shall require a minimum of two (2) weeks’ notice.
(c)Failure to give the required notice shall make that party liable to forfeiture of payment to the other party of an amount equivalent to that period of notice not given or served.
(d)The employer may pay out notice in which case the employment ends on the date when the notice is given.
(e)The employer can deduct monies owed by the employee from any monies owed to the employee by the employer.
(f)The requirements of this subclause may be waived in part or whole by mutual agreement between the officer and the employer.
(g)During the period of notice of termination given by ScotchCollege 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. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
(5)The contract of service of a temporary officer shall be terminable at any time by either party giving not less than one week's notice, except in the case of continuous service exceeding one year, notice shall be as prescribed in subclause (4) of this clause.
(6)The engagement of a relief officer shall be by the day and where the period of employment exceeds five days the notice of termination of service shall be one day. Where the employment is for five days or less the engagement shall be considered to be a specific period and notice shall not be required.
(7)A part-time officer shall receive payment for sick leave, long service leave and annual leave in the proportion of which his/her hours and/or weeks worked bear to the hours and/or weeks worked of a full-time officer.
(8)ScotchCollege 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)Nothing within this clause detracts from the employer's right to dismiss summarily any officer for serious misconduct, in which case salary shall be paid up to the time of dismissal only.
(10)Other Conditions
No tuition fee concession will apply for sons of Administrative and Technical Officers enrolled at the College. However, the Headmaster is authorised to consider applications from non-teaching staff for a “sons of staff” concession.
9 - PROFESSIONAL DEVELOPMENT
An employee shall be eligible to apply for up to 5 days per annum for relevant professional development without deduction of pay. Professional development approved by the College shall be fully funded by the College, including reimbursement of incidental expenses
Any proposed professional development activity must be approved by the College before it is undertaken.
10. - HOURS OF DUTY
(1)The ordinary hours of duty for a full time officer shall be 37.5 hours per week Monday to Friday inclusive and the hours of duty per day shall be fixed by agreement between the officer and the employer.
(2)In the absence of any agreement reached in accordance with subclause (1) of this clause, the following hours of duty shall apply
The ordinary hours of duty shall not exceed 37.5 hours per week and shall be worked on Monday to Friday, between the hours of 8.00am and 5.00pm.
(3)The officer shall be allowed a meal break of not less than thirty minutes, nor more than one hour, to be taken between the hours of twelve noon and 2.00pm.
(4)All time worked at the direction of the employer before the usual starting time or after the usual finishing time, or beyond 7.5 hours in any one day, or outside the spread of hours as prescribed under subclause (1) or (2) of this clause, shall be deemed overtime and shall, at the discretion of the officer, be paid for at the officer's ordinary rate of pay or be paid time off equivalent to the time worked. The paid time off taken in accordance with this subclause shall be at such time as is agreed between the officer and the employer.
11. - CHRISTMAS / NEW YEAR SHUTDOWN
The College (Administration) will close for no more than ten (10) week days for Christmas/New Year. Officers shall take up to four (4) days annual leave or approved leave without pay to cover days that are neither public holidays nor additional paid leave.
PART 3 – Leave AND PUBLIC HOLIDAYS
12.Personal (Sick) Leave
(1) An officer who is unable to attend or remain at the place of employment during the normal hours of duty by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provision:
(a)Entitlement to payment shall accrue at the rate of 12.5 days per year which equates to 0.2404 of a week for each completed week of service with the employer.
(b)An officer who claims an entitlement under this clause shall provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(c)If in the first or successive years of service with the employer, an officer is absent on the groundsof personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment may be adjusted at the end of that year of service or at the time the officer's services terminate if such termination occurs before the end of that year of service, to the extent that the officer had become entitled to further paid sick leave during that year of service.
(2)A temporary officer shall retain the benefit of accumulated sick leave credits upon appointment as a permanent officer provided that the service is continuous. For the purpose of this paragraph school vacations shall not be deemed to break the continuity of service.
(3)The unused portions of entitlements to paid sick leave in any one year shall accumulate from year to year subject to this subclause and may be claimed by the officer if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during that year at the time of the absence. An officer shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.
(4)An officer on unpaid leave, except stand down, shall not accrue an entitlement to payment under this clause.
(5)The provisions of this subclause with respect to payment do not apply to an officer who is entitled to payment under the Workers' Compensation and Rehabilitation Act 1981 nor to an officer whose injury or illness is the result of the officer's own misconduct.
(6)This clause shall not apply to a relief officer.
13. Carer’s Leave
(1)Use of Personal Leave:
(a)A staff member with responsibilities in relation to either members of his/her immediate family or members of his/her household who need care and support shall be entitled to use, in accordance with this subclause, any personal leave entitlement for absences to provide care and support for such persons when they are ill. Such leave shall not exceed ten (10) days in any calendar year and is not cumulative.
Carer’s leave is not additional to the leave provided for in Clause 12 – Personal Leave.
(b)The officer shall, if required, provide a written statement as to the fact of illness of the person for whom the care and support is required.
(c)The entitlement to use personal leave is subject to:
(i)the officer being responsible for the care of the person concerned; and
(ii)the person concerned being either a member of the officer’s immediate family or a member of the officer’s household.
(iii)the term “immediate family” includes:
(aa)a spouse (including a former spouse), of the officer; and
(bb)child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the officer.
(d)The staff member shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and his/her relationship to the officer, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the officer to give prior notice of absence, the officer shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(e)The officer may apply for an extra 2 days’ leave without pay for carer’s leave if no other leave is available.
(3)Use of Unpaid Leave
The officer may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill.
(4)Nothing contained in this clause shall prevent an officer from making application for leave as prescribed in clause. 17 – Special Leave of this Agreement.
14.Leave Without Pay
(1)While an officer has the right to apply for leave without pay the granting of such leave is at the discretion of the employer.
(2)An officer applying for leave under this clause must state the period of such leave and the reason for which the leave is being sought.
(3)Leave without pay -
(a)does not constitute a break in service,
(b)shall not count in calculating the period of service.
(4)If an officer is granted leave without pay the question of the officer's specific duties on return to work should be considered before the granting of such leave and any arrangements made documented. If no prior arrangement is made, an officer upon return to service shall be entitled to a position commensurate with the position held immediately prior to the commencement of such leave.
(5)The maximum period for which leave is granted under this clause shall be one year.
15.Annual Leave
(1)An entitlement to payment of annual leave will accrue at the rate of one – thirteenth of a week for each completed week of service. An officer who has been employed for all term weeks in a calendar year shall be entitled to 20 days’ paid annual leave.
(2)All time for which the school is closed due to vacation leave shall count for the purpose of determining an officer's right to payment under this Clause.
(3)Leave may be taken at a time agreed to between the employer and the officer.
(4)If after one week’s continuous service in any qualifying period an officer lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the officer, the officer shall be paid salary instead of annual leave proportionate to his/her length of service calculated to the nearest completed week of service.
(5)A leave loading equivalent to 17.5 per cent of four weeks’ salary shall be paid to an officer who has become entitled to annual leave in accordance with this Clause.
(6)If an officer's commencement is after 1 January, then, by agreement between the employer and the officer, the officer may be granted proportionate annual leave to the end of the calendar year. Subsequent years of employment can commence on 1 January.
(7)If any public holiday falls within an officer's period of annual leave and is observed on a day which in the case of that officer would have been an ordinary working day, there shall be added to that period one day, being an ordinary working day, for each such holiday observed as aforesaid.
(8)An Officer who is justifiably dismissed for serious misconduct shall not be entitled to the benefits of the Leave clauses in this agreement.