72
Page 1 of 72 2008 Centacare Community and Disability Services Union Collective Agreement Summary Information To be read to in conjunction with the Collective Agreement and Centacare Policies. It is believed that a number of clauses within the Agreement do not require detailed explanation notes and these clauses have not been included for that reason. Excluded clauses are as follows: 1.1 Title 1.2 Arrangement 1.6 Posting of Agreement 1.7 Definitions 1.8 Relationship to Awards and Other Instruments 1.9 Transitional Arrangements 1.10 Parties Bound 3.3 Extra Claims 3.10 Salary Sacrificing and/ or Packaging Options 5.9 Accrual of Entitlements 6.2 Consultative Mechanism 6.5 Health Insurance 6.8 Anti-Discrimination 6.9 Signatories How to use the Summary Information Interactively and Search for Key Words 1. Please select Find and a Navigation Screen will appear 2. Type in your key word ie Work related Travel 3. Then select your most appropriate option Throughout this document there are links to AI, Appendices, and the Fair Work National Employment Standards to ensure comprehensive information is provided. Hover over the link and Ctrl+Click to locate the page

2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

  • Upload
    others

  • View
    40

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 1 of 72

2008 Centacare Community and Disability Services Union Collective Agreement Summary Information

To be read to in conjunction with the Collective Agreement and Centacare Policies.

It is believed that a number of clauses within the Agreement do not require detailed explanation notes and these clauses have not been included for that reason. Excluded clauses are as follows: 1.1 Title 1.2 Arrangement 1.6 Posting of Agreement 1.7 Definitions 1.8 Relationship to Awards and Other Instruments 1.9 Transitional Arrangements 1.10 Parties Bound 3.3 Extra Claims 3.10 Salary Sacrificing and/ or Packaging Options 5.9 Accrual of Entitlements 6.2 Consultative Mechanism 6.5 Health Insurance 6.8 Anti-Discrimination 6.9 Signatories How to use the Summary Information Interactively and Search for Key Words

1. Please select

Find and a Navigation Screen will appear

2. Type in your key word ie Work related Travel

3. Then select your most appropriate option

Throughout this document there are links to AI, Appendices, and the Fair Work National Employment Standards to ensure comprehensive information is provided. Hover over the link and Ctrl+Click to locate the page

Page 2: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 2 of 72

Table of Contents

PART 1- PRELIMARY ..................................................................................................................... 7

Application .................................................................................................................................... 7

Date and Period ........................................................................................................................... 7

Objectives ..................................................................................................................................... 7

PART 2- TERMS AND CONDITIONS OF EMPLOYMENT .............................................................. 8

Employment Definitions ................................................................................................................ 8

Full time .................................................................................................................................... 8

Part time ................................................................................................................................... 8

Casual ....................................................................................................................................... 8

Conversion from Casual to part time ........................................................................................ 8

Example A ................................................................................................................................ 8

Example B ................................................................................................................................ 9

Fixed Term, Fixed Task, or Temporary Employment ............................................................... 9

Day Worker ............................................................................................................................... 9

Shift Work ..................................................................................................................................... 9

Note ........................................................................................................................................ 10

Contract of Employment ............................................................................................................. 10

Note ........................................................................................................................................ 10

Example A .............................................................................................................................. 10

Example B .............................................................................................................................. 11

Probationary Period ................................................................................................................... 11

Further Information from Fair Work ......................................................................................... 11

Termination of Employment ........................................................................................................ 12

Note: Delegating Authority for Terminations ........................................................................... 12

Note: Calculation of Notice Period .......................................................................................... 13

Resignation (Notice of Termination by the Employee) ............................................................... 13

Note ........................................................................................................................................ 13

Example .................................................................................................................................. 13

Redundancy ............................................................................................................................... 14

Note ........................................................................................................................................ 14

PART THREE- WAGES, ALLOWANCES AND RELATED MATTERS .......................................... 15

Pay Tables ................................................................................................................................. 15

Table 1 ....................................................................................................................................... 15

Table 2 ....................................................................................................................................... 15

Future Wage Increases .............................................................................................................. 15

Further information ................................................................................................................. 15

Trainees ..................................................................................................................................... 16

Supported Wages ....................................................................................................................... 16

Progression between Pay Points ................................................................................................ 16

Page 3: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 3 of 72

Example .................................................................................................................................. 16

Pay Classification Definitions ..................................................................................................... 17

Classification/ Reclassification ................................................................................................... 17

Superannuation .......................................................................................................................... 17

Payment of Wages ..................................................................................................................... 17

Note ........................................................................................................................................ 17

Example .................................................................................................................................. 17

Temporary Higher Duties ........................................................................................................... 18

Example .................................................................................................................................. 18

Private Telephone Use ............................................................................................................... 18

Example .................................................................................................................................. 19

On-call ........................................................................................................................................ 19

Note ........................................................................................................................................ 19

Example .................................................................................................................................. 19

Standby ...................................................................................................................................... 20

Example .................................................................................................................................. 20

Shift Work ................................................................................................................................... 21

Weekend Work ........................................................................................................................... 21

Example .................................................................................................................................. 21

Late / Early Work ........................................................................................................................ 21

Example .................................................................................................................................. 21

Prescribed assistance ................................................................................................................ 22

Note ........................................................................................................................................ 22

Example .................................................................................................................................. 22

Work Related Travel ................................................................................................................... 22

Further information ................................................................................................................. 23

Fuel Allowance and Travel Time ................................................................................................ 23

Example .................................................................................................................................. 25

PART 4- HOURS OF WORK, OVERTIME, BREAKS,SHIFT ARRANGEMENTS .......................... 26

Hours of Work ............................................................................................................................ 26

Scheduled ‘Days Free From Work’ ............................................................................................. 26

Example .................................................................................................................................. 26

Overtime ..................................................................................................................................... 27

Overtime for employees classified under Table Two: ............................................................. 27

TOIL ........................................................................................................................................... 27

Example .................................................................................................................................. 27

Rolling Overtime ......................................................................................................................... 28

Example .................................................................................................................................. 28

Reasonable Overtime ................................................................................................................. 29

Further Information ................................................................................................................. 29

Page 4: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 4 of 72

Meal Break in Overtime .............................................................................................................. 29

Example .................................................................................................................................. 30

Rostering .................................................................................................................................... 30

Note ........................................................................................................................................ 30

Minimum 2 hours ........................................................................................................................ 30

Late Cancellation ........................................................................................................................ 30

Aborted Visit ............................................................................................................................... 31

Broken Shifts .............................................................................................................................. 31

Minimum Breaks between Shifts ................................................................................................ 31

Meal break .................................................................................................................................. 31

Rest Pauses ............................................................................................................................... 32

Sleepovers ................................................................................................................................. 32

Sleepover Allowances ................................................................................................................ 33

Sleepover A ............................................................................................................................ 33

Sleepover B ............................................................................................................................ 33

Note ........................................................................................................................................ 33

Additional Loading ...................................................................................................................... 33

Table One only ....................................................................................................................... 33

Weekends ............................................................................................................................... 33

Public Holidays ....................................................................................................................... 33

Example .................................................................................................................................. 34

Local Flexibility Agreement (LFA) .............................................................................................. 35

Example .................................................................................................................................. 36

Note ........................................................................................................................................ 36

Short Term Agreement (STA) .................................................................................................... 36

Note ........................................................................................................................................ 38

PART 5- LEAVE ARRANGEMENTS AND PUBLIC HOLIDAYS .................................................... 39

Annual Leave ............................................................................................................................. 39

Note ........................................................................................................................................ 39

Cashing out Annual Leave ......................................................................................................... 39

Additional Paid Annual Leave ..................................................................................................... 40

Purchase Leave ......................................................................................................................... 40

Personal Leave .......................................................................................................................... 41

Example .................................................................................................................................. 41

Unpaid Carer’s Leave ................................................................................................................. 42

Compassionate Leave ................................................................................................................ 42

Note ........................................................................................................................................ 42

Example .................................................................................................................................. 42

Further Information from the National Employment Standards ............................................... 43

Payment for compassionate leave .......................................................................................... 43

Page 5: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 5 of 72

Maternity Leave .......................................................................................................................... 43

Special Maternity Leave ............................................................................................................. 44

Secondary Care Giver Leave (including Paternity) Leave .......................................................... 44

Return to work from Parental Leave ........................................................................................... 44

Right to request flexible working arrangements ...................................................................... 44

Further Information from the National Employment Standards ............................................... 44

Best practice tip ...................................................................................................................... 45

Example .................................................................................................................................. 46

Long Service Leave .................................................................................................................... 46

Note ........................................................................................................................................ 46

Example A .............................................................................................................................. 46

Example B .............................................................................................................................. 47

Further Information from the National Employment Standards ............................................... 47

Renewal Leave ........................................................................................................................... 48

Community Service Leave .......................................................................................................... 48

Further information from the National Employment Standards ............................................... 48

Example A .............................................................................................................................. 49

Example B .............................................................................................................................. 49

Public Holidays ........................................................................................................................... 49

Local Show Day ......................................................................................................................... 49

Note ........................................................................................................................................ 49

Example .................................................................................................................................. 51

Study Assistance/ Leave ............................................................................................................ 51

Study Leave for Union Representative ....................................................................................... 51

Career Break .............................................................................................................................. 51

PART 6- EMPLOYER AND EMPLOYEE OBLIGATIONS, RELATIONSHIOP AND RELATED ARRANGEMENTS ......................................................................................................................... 52

Training ...................................................................................................................................... 52

Grievance Resolution Procedure ................................................................................................ 52

Work and Lifestyle Balance ........................................................................................................ 52

Flexible Working Arrangements ................................................................................................. 52

Job Sharing ................................................................................................................................ 52

Home based work ...................................................................................................................... 53

Vaccinations ............................................................................................................................... 53

Example .................................................................................................................................. 53

Indigenous Australian Employment Strategy ............................................................................ 53

SECTION B – SCHEDULES .......................................................................................................... 54

Pay Classification Definitions ..................................................................................................... 54

Criminal History Screening ......................................................................................................... 54

Employee Loans ......................................................................................................................... 54

Page 6: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 6 of 72

OTHER RELEVANT INFORMATION ............................................................................................ 55

Information regarding working across two services .................................................................... 55

Consultation about Change to Rosters or hours of work (from Award) ...................................... 55

Example .................................................................................................................................. 55

Consultation in relation to changes in the Employees Availability .............................................. 57

Appendix A - Clause 4.4 - Minimum Break Between Shifts ........................................................... 58

Appendix B - FAQ – Parental leave and what it means for you ..................................................... 59

Appendix C – Short Term Agreement Guidelines .......................................................................... 63

Appendix D – Short Term Agreement Form ................................................................................... 65

Appendix E – Application to Cash Out Annual Leave Form ........................................................... 67

Appendix F – Application to Purchase Additional Annual Leave Form .......................................... 68

Appendix G – What To Do When Your Staff Will Be Either Working Across Multiple Services or Are Looking to Transfer to Another Service ................................................................................... 69

Appendix H – Change in Rostered Hours Template Letter to Staff ................................................ 70

Appendix J – Work Related Travel – Travel Time and Fuel Allowance .......................................... 71

Page 7: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 7 of 72

PART 1- PRELIMARY

Topic Clause Summary Information

Application 1.3.1 Employees who are employed in Centacare’s Directorates of

Community Support Services and Disability Services Note: Now referred to as the Centacare Community Services Directorate

Date and Period 1.4.1 Became effective on 7 October 2008 for a term of 36 months.

However, the Agreement continues to operate past it’s termination date unless it is formally terminated or replaced.

Objectives 1.5 The objectives of the Agreement are to:

- Provide fair reasonable and consistent employment terms

and conditions, for employees in Community Services.

- Highest quality of support, care and services.

- Contribute to improvements in workplace productivity.

- Recognize commitment to Catholic Social Teachings.

Page 8: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 8 of 72

PART 2- TERMS AND CONDITIONS OF EMPLOYMENT

Topic Clause Summary Information

Employment Definitions

2.1.2 Full time

- 38 hours per week

2.1.3

Part time

- Minimum 2 hours per shift

- Intention that they work at least 16 hours per week

(subject to funding and operational circumstances).

- No guarantee of 16 hours a week

Clause operates in conjunction with Clause 4.1 Hours of Work Further Information Centacare Employees Letter of Offer states: “On commencement of employment, you will receive workplace training. After an assessment in the workplace is conducted and you are deemed competent, you will be allocated hours which will vary from time to time in line with operational and client requirements”. It is recommended that part time employees should only work up to 72 hours in a fortnight. This includes attendance to monthly/fortnightly meetings and/or travel time.

2.1.4 Casual

- Irregular, relief work to meet unexpected demands

- 25% loading in lieu of annual leave, personal leave, public

holidays not worked, compassionate leave, parental leave

(other than eligible employees) and redundancy

- Minimum 2 hour engagement

- 1 hours notice of termination

2.1.5 Conversion from Casual to part time

- If working on a regular or systematic basis for 12 months,

and the weekly hours are equivalent to at least 16 hours, a

casual employee status should be reviewed with a view to

convert to part time.

- The employer must consider the availability of ongoing

part time work.

Example A

Employee A is recruited as a casual employee. Employee A gets on well with a particular client, and they have been requested by the client to work her Wednesday shift of 5 hours and Friday shift

Page 9: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 9 of 72

of 5 hours each week. The Manager identifies that this will be an ongoing arrangement and asks Employee A if they would like to go part time, and explains the difference in employment conditions of part time and casual work. Employee A agrees and negotiates a commencement date of this new employment arrangement. Had Employee A requested to remain as a casual, Manager needs to adsvise Employee A that they cannot guarantee the permanent shifts with the client, as the definition of casual employment does not include ongoing reoccurring shifts.

Example B

Employee B is recruited as a casual employee and fills in shifts as and when needed. After 12 months of employment Employee B identifies that each fortnight they are working 40 hours and requests to become part time. In both occasions Manager fills in a Form 10 – Change of Employment Conditions Form and sends to both Payroll and Human Resources

2.1.6 Fixed Term, Fixed Task, or Temporary Employment

- Cannot be employed for fixed periods exceeding 12

months unless an emergency situation and only extended

by mutual agreement

- Extensions to fixed term arrangements must be in writing

to the employee.

- At least a week before the cessation date of the

employees fixed term contract, Manager/s should advise

employees that they will either be extending or finalizing

the term appointment.

Day Worker

2.1.7 Is designated as such. May work in a roster of two or more shifts (day, afternoon or night) per day, but does not cover a 24 hour per day operation over a seven day week.

Shift Work 2.1.8 Must be designated as a Shift Worker (note: approval required by

Director/Regional Manager) Must meet requirements in definition of Shift Worker:

- Shifts continuously rostered 24 hours a day (i.e an Awake

Shift) 7 days a week

- Shifts constantly rotated across a roster which has two or

Page 10: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 10 of 72

more active shifts per day (day, afternoon, night)

- Works more than 20 Saturdays or Sundays, and at least 5

public holidays in a calendar year

Note

Shift Workers must work between 10:00pm and 6:00am (i.e an Awake shift).and must work on Saturday or Sundays, and Public Holidays. Shift Workers do not have a Master Roster, however, can work recurrent shifts with clients.

Contract of Employment

2.2.2

Written Employment Contract upon engagement; If the employees circumstances change, so that they wish to change conditions of employment (nature of engagement, hours of work, and or span of hours) change is by mutual agreement between the employer and employee and should be in writing or by employee providing minimum of 4 weeks notice.

Note

“Circumstances change” is defined as an ‘out of the ordinary’ life incident or health issue, that is unexpected and out of the control of the employee.

Example A

Employee A has recently been hired for a roster that is for 4 days a week. After Employee A has passed their probationary period and approaches their Manager stating that they are only able to work 2 days per week. Their Manager reminds them that they were employed to work the 4 days a week and that this appears to be a breach of their availability agreement. Employee A does not meet requirements under National Employment Standards Flexible Working Arrangements. The Manager is to consider:

- Length of service;

- Performance;

- Reduction of hours (asking to reduce 2 hours v 20 hours)

- Ability to fill the vacancy/s

- Is it less than 16 hours a week?

- Length of request – ie is it a short period of time, or on a

Page 11: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 11 of 72

permanent basis?

The Manager explains to the staff the impact their change in hours will have on the operation of the service, and asks if there is a possibility to reconsider their decision. Employee A states that as their other job requires them on those two other days, they would be unable to reconsider. The Manager advises that they cannot accept their request to only work 2 days/week, as it does not meet our business requirements. Employee A acknowledges that they are unable to meet their original contract and chooses to resign from their role as Support Worker with Centacare Community Services.

Example B

Employee B is currently working 5 days per week Centre-based. Employee B’s husband is involved in a major accident, and now requires care. Employee B approaches her Manager to discuss the option of changing from full time to part time employment, and to work a span of hours that can accommodate a later start, to ensure that she can provide care to her husband in the morning. Employee B meets the requirements under National Employment Standards Flexible Working Arrangements. Employee B puts the request in writing to her Manager, who responds in writing as per the Flexible Working Arrangement time frame of 21 days.

Probationary Period (Otherwise referred to as Qualifying period)

2.3 All new employees (other than casuals) probation period is 6 months. Period must be advised in the employees Letter of Offer. If not performing, can terminate the employment by giving one weeks’ notice (National Employment Standards) Note: Any termination of employment by the Employer must be approved by the relevant Director or Regional Manager.

Further Information from Fair Work

A probationary period is an opportunity for you to assess a new employee’s performance in their job, and for them to decide whether the job suits them.

If an employee’s performance or conduct is not satisfactory during their probationary period, you should attempt to address the issues. Performance and conduct issues often arise because employees do not understand what is expected of them. You should:

Page 12: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 12 of 72

make sure the employee clearly understands their role, the expected level of output or performance, and the expected conduct at work, and

provide the employee with regular performance feedback during the probation period, retraining if necessary and inform them of any changes needed to their work or conduct.

If the employee’s performance does not improve seek approval for termination by your Director or Regional Manager.

Termination of Employment

2.4 Employer/Employee must be given period of notice as per Table in Collective Agreement

Period of continuous service Period of notice*

1 year or less 1 week pay

More than 1 year to 3 years 2 weeks pay

More than 3 years to 5 years 3 weeks pay

More than 5 years 4 weeks pay Increase by 1 week if employee has over 2 years continuous

service and is 45 years or older

Payment in lieu of the prescribed notice in Clause 2.4.1.1 must be made if the appropriate notice period is not required to be worked.

- Must equal the total amounts if the employees

employment had continued until the end of the required

notice period including allowances, loading, and penalties.

- Does not apply to casual employees.

Note: Delegating Authority for Terminations

Probationary employee (in consultation with Human

Resources) may be terminated by Director/ Regional

Manager.

Terminate by Organization:

o After Performance Management Process: in

consultation with Human Resources and Senior

Director or Executive Director

Summary Dismissal (in consultation with Human Resources, and possibly after legal advice – HR to manage), and with Senior Director or Executive Director alerted.

Example Employee A is a 55 year old part time Support Worker who does not have consistent hours. They have worked for us for 5 years and as a result of ongoing poor performance, their employment has been terminated following appropriate authorisation.

Page 13: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 13 of 72

Therefore the notice period required, as per table in clause 2.4.1 their period of notice is 4 weeks, as well as an increase by 1 week as the employee has over 2 years continuous service and is 45 years and older. The Manager send their Termination Form to Payroll with their termination date, to process their termination payments including the calculation of their notice period. For part time employees notice is calculated on the average hours worked over the last twelve months.

Note: Calculation of Notice Period

To calculate an employees notice period, Payroll look at the last 12 months of the employees Master Roster, divide it by what they were paid from an Aurion report, and then divide this by the fortnight to work out the average. This average is what is paid.

Resignation (Notice of Termination by the Employee)

2.4.2 Notice period is the same as the employer There is no requirement on the employee to give additional notice based on the age of the employee. If unable or reluctant to work out notice period, they can finish earlier.

Note

Where employee resigns and does not give the required notice period, no notice is paid out (only hours worked in the current pay period along with accrued leave entitlements are paid).

Example

Employee A who has worked with Centacare for 2 years, and puts in their written resignation for three days’ time. The Manager understands that the preference would be the employee to work prescribed notice to assist with recruitment. However, understands in this circumstance that the employee can only give three days notice. The employee is only paid for the days they work up until their resignation date. Employee B who has worked for 2 years, puts in their written resignation and provided the prescribed notice period of two weeks. They apply for sick leave, and annual leave for this period. Under the FWA it is reasonable for employees to access their leave entitlements during notice period, and you are operationally able to approve their leave.

Page 14: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 14 of 72

Redundancy 2.5

Note

HR must be consulted before any redundancy discussions are held

Page 15: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 15 of 72

PART THREE- WAGES, ALLOWANCES AND RELATED MATTERS

Topic Clause Summary Information

Pay Tables 3.1 TABLE 1 maintain paid penalty rates and overtime provisions

TABLE 2 pays a compensated rate of 15% per hour above agreement

Table 1 3.1.1 Table 1

Penalties and overtime apply to hours worked in Table 1

Table 2 3.1.2 Table 2

- Service must engage in seven day a week operations

- Director has agreed to arrangement and clear majority of

workers have voted for it

- Employees agree to work on any given day of the week

- Normal penalties and overtime do not apply

- Specific penalty and overtime provisions for Table 2

employees specified in Agreement in the form of TOIL.

Employees on Table 2 can only be designated as day workers. 15% loaded hourly rate applies in recognition of above.

Future Wage Increases

3.2 Wages will increase from the first pay period after the 30 Sept each year by either:

- Qld CPI;

- 3%; or

- Federal minimum Fair Work wage increase

whichever of the above options in the highest increase Equal Remuneration Order is transitioning in with wage increases in July and December of each year.

Further information

Equal Remuneration Order On 1 February 2012 Fair Work Australia (FWA) found in favour of the equal remuneration claim for employees within the social and community services sector. The Equal Remuneration Order provides for the increases to be transitioned and applied to the Award each December over several years up to 2020. As these rates are transitioned in overtime to the Modern Award, Centacare reviews the wages under our Collective Agreement to the rate that the award has increased. Where the Modern Award has a higher rate of pay then our Collective Agreement, this is applied to the relevant pay points and they will receive the higher Award rate rather then what would have been paid under the Collective Agreement.

Page 16: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 16 of 72

Trainees 3.4 Refer to the Training Wage Award

Supported Wages

3.5 Employees who because of the effects of a disability will be eligible for a supported wage. Percentage of relevant wage is based on assessment of capacity undertaken by an accredited assessor. Workplace adjustment

- To ensure employees capacity to do the job, changes can

be made such as the redesign of job duties, working time

arrangements and work organization in consultation with

other workers in the area.

Progression between Pay Points

3.6

Full Time – After 12 months at their existing pay point plus satisfactory performance Part Time and Casual – 800 hours plus 12 months service at their existing pay point plus satisfactory performance Employee can be appointed to a higher pay point on acquisition of Certificate 3 or 4 as per specific clauses in Classification Schedules Note: Progression between Classification levels is only on appointment to a position classified at a higher level, or as per specifications in the Classification Schedule.

Example

Employee A is a part time employee who has worked continually for 12 months however only works 20 hours per fortnight. This would mean that they would not have reached their 800 hours in the 12 month period. Payroll run a report each fortnight for employees that are due for their increment and check against how many hours have been logged in Aurion. Once the employee has worked the minimum 800 hours and 12 months service at their pay point, a report from Payroll is sent to the relevant Manager to advise them that their staff members increment is due. Employee B is currently employed as a Support Worker classified under Level 1. They have been classified as a pay point 1.6. for the last 12 months, and have completed over 800 hours during that period. As their position is classified as a Level 1 position, they will not progress to Level 2 and will remain on pay point 1.6 until they end their employment or take on a new position which is classified under a different level.

Page 17: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 17 of 72

Pay Classification Definitions

3.7 Refer Schedule A for work in Disability Sector and Schedule B for work in Aged Sector

Classification/ Reclassification

3.7.2 Positions classified in accordance with Schedules. Can appoint an employee on a pay point other than the entry point based on employees previous relevant experience Employee can request a review of their classification where there has been significant changes to their role.

Superannuation 3.8 For salary or wage payments made on or after 1 July 2014, the

new minimum contributions rate of 9.50% Where an employee does not nominate a fund for contribution, superannuation payments will be made into our default superannuation fund, The Catholic Superannuation and Retirement Fund

Payment of Wages

3.9 Paid fortnightly by electronic transfer on a weekday, being not more than five (5) days following the end of the pay period. Wages and entitlements paid on termination Employees are to raise issue of pay queries or disputes with their Manager, who will address the matter and take up the issue with Payroll.

Note

Traditionally Timesheet processing is as follows:

Week 2 – Friday services process their staff timesheets.

Week 1 - Monday timesheet adjustments made and sent

to Payroll to process

Week 1 Monday – Thursday Payroll processes timesheets

Payment is made into employee bank accounts midnight Thursday night Week One for work completed in the previous fortnight. If staff members fail to submit their timesheets they may not be paid until the following fortnight.

Example

A Manager has identified a staff member that has repeatedly failed to submit their timesheet on the due date. They contact HR for a letter to send to the staff member to warn them that if within the next pay period, they again fail to submit their timesheet, they may not be paid until the following fortnight.

Page 18: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 18 of 72

Temporary Higher Duties

3.11 If performing higher duties for 5 or more consecutive days, the employees pay is at least at the minimum rate prescribed for the higher classification

Example

Employee A is a Program Manager who has been appointed to act as Service Manager whilst the incumbent is on annual leave. This is for a period of 3 weeks. Therefore for 3 weeks Employee A is paid at commencement level of the Manager as per specification in the Classification Schedule. Employee B is a Coordinator who has been asked to cover certain tasks for a Program Manager whilst they are on leave. As Employee B is not undertaking all the tasks required of a Program Manager they may not be paid completely at the commencement level as per the specification in the Classification Schedule.

Private Telephone Use

3.12.1 If required to make business calls on their private phone, employees are reimbursed the call cost upon production of receipts and approval by the employer. When an employee is not paying a phone plan:

- Employees will be required to highlight on their bill any

telephone calls they have made for work purposes, and

add up the total cost of the work telephone calls

- Centacare will reimburse employees for the cost of the

work telephone calls.

When an employee is only paying a phone plan:

- If the total cost of the work telephone calls is greater than

the cost of the phone plan, Centacare will only reimburse

the cost of the plan

- If the total cost of the work telephone calls is less than the

cost of the phone plan, Centacare will only reimburse the

cost of the calls

- If the total phone bill is greater than the cost of the plan,

Centacare will reimburse either the cost of the work

telephone calls, or the total phone bill, whichever is the

lesser amount

- Charges included in a telephone bill for the provision of a

handset will not be included in any of the above

calculations

Calls to Centacare numbers to discuss roster queries, changes in hours of work and leave do not qualify as ‘work telephone calls Note

Page 19: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 19 of 72

Costs incurred for data usage will not be reimbursed.

Example

Employee A has a plan with their mobile phone and is required at times to make business related calls on their private phone as they are often do not have access to a Centacare business phone. Employee A produced a receipt from his statement from his plan which indicated the business calls that were made were higher than the plan. Centacare would then approve the payment of the plan for one month.

On-call 3.12.2 Refer to Allowances 2008 Centacare Community & Disability

Services Union Collective Agreement There is a standard weekday rate per 24 hour on-call per period for both Table 1 and Table 2 employees. The higher Weekend and Public Holiday (PH) rate is for Table 1 employees only.

Note

- A weekend is classified from midnight Friday until midnight

Sunday.

- A public holiday commences as at 12am the day of the

public holiday.

Compensation if called to duty, or spending an extraordinary amount of time on the telephone (e.g 1 hour continuously to deal with an emergency situation) as per Table 1 & Table 2 TOIL.

Example

Please note allowance rates for this example are calculated on the rates effective October 2014. Employee A is a Team Leader at a Table 2 service who has been given the Oncall phone from Tuesday 8:30am – Thursday 8:30am. On the Thursday morning from 6:30am and 7:30am Employee A is consistently on the phone dealing with multiple calls regarding changes to staff rosters. Therefore Employee A:

- Receives the weekday Oncall allowance of $60.24 (30.12

x 2)

- Has accumulated one hour of TOIL as a Table 2

Page 20: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 20 of 72

employee for working 6:30am-7:30am.

Employee B is a Coordinator at a Table 1 service who has been given the Oncall phone from Friday 4:30pm till Tuesday 4:30pm (including the Monday Labour Day Public Holiday). Employee B receives a phone call on Saturday regarding a client being hospitalized and is on the Oncall phone continuously liaising with family members, ambulance, hospital and staff replacement for a 2 hours period to assist with the hospital stay. A record has been maintained of the various calls. Therefore Employee B:

- Receives:

- 2 x weekend oncall allowances,

- 1 x public holiday oncall allowance,

- 1 x weekday oncall allowance

- In addition, they are paid for 2 hours overtime for the

assistance they were required to provide on the Saturday

(they had already worked 76 hours in the fortnight)

Standby 3.12.3 Refer to the 2008 Centacare Community & Disability

Services Union Collective Agreement 2008 Allowances schedule located on AI. The standby allowance is (dollar amount) per 24 hour period or part there of. If employee is not required to work, they are still entitled to the allowance. If employee is required to work, they are paid the allowance and their rate of pay relevant to the shift time/day. If employee is required to work and declines to take up request, they do not receive the allowance.

Example

NB: Please note allowance rates for this example are calculated on the rates effective July 2014. ($29.18 per 24 hour period or part there of). On Monday at 10:30am the Rostering Clerk phoned Employee A and asked them to be on standby for a Sleepover shift scheduled at 4:00pm Tuesday to 8:00am Wednesday. Therefore Employee A:

- Is paid $29.18 standby allowance

- They are phoned at 3:00pm to advise that they are

required for the shift

Page 21: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 21 of 72

- They are paid the standby allowance plus their ordinary

wages for working the shift (including relevant allowances

and penalties)

Shift Work 3.12.4 15% loading on ordinary time Monday to Friday for designated

Shift Workers (Table 1 employees only). Note See Clause 2.1.8 Definition of Shift Worker

Weekend Work 3.12.5 50% loading (time and a half) on ordinary time worked between

midnight Friday and midnight Sunday ( Table 1 employees only)

Example

Please note rates for the following example are calculated on the rates effective July 2014. Employee A is scheduled for a shift from Saturday 6:00am – 10:00am. They are currently paid at Level 2.1 Table 1 ($21.2895). Shift calculation for weekend:

- Ordinary hours= Hourly rate ($21.29) x 4 hours (from

6:00am – 10:00am)

- Weekend penalty = Hourly rate x 4 hours x 0.5 (50%)

- Ordinary Hours + Weekend Penalty = $127.74

Therefore Employee A is paid $127.737 for this shift.

Late / Early Work

3.12.6 15% loading between 6:00pm and 8:00am per hour worked (Table 1 employees only). Please note you don’t get the 15% loading on top of weekend work

Example

Please note rates for the following example are calculated on the rates effective July 2014. Employee A is scheduled for a shift on Wednesday from 4:00pm to 8:00pm. They are currently paid at Level 1.5 Table 1 ($20.1641) Shift calculation for shift:

- Ordinary hours= Hourly rate ($20.16) x 4 hours (from

4:00pm-8:00pm)

- Late/ Early penalty = Hourly rate x 2 hours (6:00pm-

8:00pm) x 0.15 (15%)

Page 22: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 22 of 72

- Ordinary Hours + Early/Late Penalty = $86.70

Therefore Employee A is paid $ 86.70 for this shift

Prescribed assistance

3.12.7 Employees who work with specific clients only – (Clients who have a Positive Behaviour Support Plan and have been approved by the Director as being eligible for this entitlement) receive an additional 5 days special leave on completion of 1200 normal hours of work with those clients only. For purposes of providing employee with necessary respite. Employee will be advised prescribed entitlement has accrued. After receipt of advice, failure to access entitlement within first 6 weeks of accrual will result in loss of special leave).

Note

Employees who are eligible for prescribed assistance are notified by the Pay Office.

Example

Employee A works 32 hours per week with 3 different clients:

- Client X and Y for 12 hours per week; and

- Client Z for 20 hours. Client Z has a Positive Behaviour

Support Plan.

In one year Employee A would have worked 1536 hours working with all three clients.

- 32 hours x 48 = 1 536 hours.

- Client X and Y = 576 hours

- Client Z = 960 hours.

Therefore, Employee A would need to work a further 240 hours (12 weeks) – (240/ 20) before they would be entitled to their prescribed assistance leave. Their 5 days special leave would be equivalent to 32 hours (their normal roster).

Work Related Travel

3.13 It is a condition of employment for employees to use their own vehicles in the course of work. Two options provided to reimburse the employee expenses associated with the running of their own vehicle:

1. Fuel Allowance and Travel Time

2. Mileage Allowance (based on Australian Tax Office cents

per kilometre rates)

Page 23: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 23 of 72

Note: Whole Service must be on an option as approved by the Director / Regional Manager

Further information

Employees who drive their vehicle for work purposes must ensure that they hold a current driver’s licence and that the vehicle is roadworthy, registered, and suitably insured. Failure to abide by these requirement is deemed as a serious breach of Centacare’s operational requirement and may lead to counseling and/or disciplinary actions being taken including the termination of an employee’s services. If an employee is unable to use their own vehicle for work purposes, they do so on the understanding that this may restrict shifts able to be rostered, resulting in a reduction in hours, and/or restrictions to the shifts/environments they can be rostered to work in. Employees may be contacted by administrative staff and/or their Supervisor if their licence and/or vehicle documentation is due to expire, or it is ascertained that these documents have expired. Please note it is each employees responsibility to ensure that they keep their Manager up to date with any changes to the status of their drivers licence and private vehicle documentation, and to maintain the appropriate licence and documentation. If employee licence and documentation has expired, been cancelled or suspended, this may significantly impact on the shifts they are able to be rostered. This includes the possibility that they may not be able to be rostered on at all. Note For the purpose of this clause, ‘The Course of Work’ does not include getting to and from your home to shift.

Fuel Allowance and Travel Time

3.13.4 3.13.5

Fuel Allowance and Travel Time is allocated to day on which travel incurred as per the travel time/fuel allowance table. Refer to the 2008 Centacare Community & Disability Services Union Collective Agreement Allowances schedule for most current rates. Fuel Allowance

- Fuel Allowance is only applicable for when staff are using

their own private vehicle.

- Employees cannot claim Fuel Allowance if they are using

a service vehicle.

Page 24: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 24 of 72

- Paid in lump sum according to the number of kilometres

travelled.

- Is not dependent on the make/model of vehicle used but

on the approved kilometres.

- If work related travel is excessive, the employer will make

every effort to provide the employee with a work vehicle,

should one be available for work purposes.

Travel Time

- Only payable when an employee provides a service to

more than one client in a given day.

- Added to ordinary hours for that day on the timesheet

- Travel involved from getting to the first client and returning

home from the last client does not count

- In exceptional circumstances, if the employee travel to the

first client is more than the distance to the office in which

the clients service operates and the client is more than 45

kilometres from the office, the employee can claim any

additional kilometers over 45 kilometres from the office to

the clients environment.

Exceptional circumstances are defined as where an employee is asked to drive from their home to their first client, or from their last client to their home, to a location which is:

a) Outside the 45 km radius of their Service; and

b) Is over 45 kms from their home.

- Where an employee is required to use their personal

vehicle during a rostered shift i.e. to take a client shopping

they cannot claim Travel Time. They are eligible to claim

Fuel Allowance though.

- Where an employee is required to use a Service vehicle,

their shift commences at the time they are designated to

pick up the vehicle, and concludes at the time there are

designated to return the vehicle to the Service (less any

schedule unpaid breaks).

- Fuel Allowance and Travel Time is not applicable to

mutually agreed broken shifts (i.e. where shifts are 2

hours or more apart).

See Appendix J

Page 25: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 25 of 72

Example

Please note rates for this following example are calculated on the rates as at October 2014. Employee A

- Is rostered on from 10:00am – 1:00pm, 1:30pm – 4:00pm

- Travelled 16kms between the two shifts.

Therefore Employee A is entitled to $9.57 Fuel Allowance and 30mins Travel Time. Employee B

- Is rostered on from 10:00am – 4:00pm

- Travelled 16kms during my shift to take the client to the

shops.

Therefore Employee B is entitled to $9.57 Fuel Allowance. Note, they are not entitled to claim Travel Time as these kilometres occurred during a paid rostered shift. Employee C

- Is rostered from 10:00am – 1:00pm, 1:30pm – 4:00pm.

- Travelled 16kms between the two shifts, and another

16kms during the shift to take the client to the shops.

Therefore total amount of kilometres travelled by Employee C is 32 (16kms x 16kms) = $12.23 Fuel Allowance and 30mins Travel time Note (Travel Time is only based on kms travelled between shifts, whilst Fuel Allowance is based on total kms travelled)

Page 26: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 26 of 72

PART 4- HOURS OF WORK, OVERTIME, BREAKS,SHIFT ARRANGEMENTS

Topic Clause Summary Information

Hours of Work 4.1 Ordinary hours of work shall be on average of 38 hours per

week. ‘Ordinary hours’ cannot exceed 10 hours per day.

Scheduled ‘Days Free From Work’

4.1.3 Scheduled days free from work must be specified on employee’s roster. An employee is to have 96 hours free from work on their fortnightly roster. Generally we roster on a fortnightly basis, and try to provide staff with 2 x 48 hour breaks, or a 48 hour break plus 2 x 24 hour breaks. For operational purposes if this arrangement was not possible within the fortnight, then a 4 week roster could be used, providing:

- 2 x 72 plus 2 x 24

- 2 x 96

Where an employee is required to work an additional shift, which therefore results in them not having the appropriate break, the additional shift is the shift which incurs the overtime penalty.

Example

Employee A has been given their roster for the fortnight with the following days free from work listed:

Week one

Monday 7/7 Tuesday 8/7

Wednesday 9/7

Thursday 10/7

Friday 11/7

Saturday 12/7

Sunday 13/7

07:00-9:00 (2) 14:00-19:30 (5.5)

Day free from rostered work

Day free from rostered work 19:30-21:30 (2)

07:30-11:30 (4)

07:00- 15:00 (8)

Day free from rostered work

9:00 – 17:00 (8)

Week Two

Monday 14/7 Tuesday 15/7

Wednesday 16/7

Thursday 17/7

Friday 18/7

Saturday 19/7

Sunday 20/7

07:30-11:30 (3) 14:00-19:30 (5.5)

10:00-18:00 (8)

Day free from rostered work

09:00- 16:00 (7)

06:00-14:00 (8)

09:00-14:00 (5)

09:00-12:00 (3)

Page 27: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 27 of 72

Note This equates to 48 hours from 7:30pm Monday night until 7:30pm Wednesday night and 24 hour period on Saturday Week one and Wednesday Week two

Overtime

4.2 Overtime is payable where an employee works:

1. Over 10 hours on a given day; outside the ordinary spread

of hours (6am – 10pm), or if they work

2. In excess of 76 hours in a roster fortnight

Note: All overtime arrangements must be approved or directed by the Manager prior to working

4.2.2 Overtime for employees classified under Table Two:

- TOIL is accrued on a time for time basis (if TOIL paid out it

is on a time for time basis.

4.2.3 Overtime for employees classified under Table One:

- Paid as time and a half for first three hours on any one day and double time thereafter

- Can be accrued as TOIL at the overtime equivalent hours (if TOIL paid out it must be at appropriate overtime rate)

TOIL 4.2.4 If TOIL has not been taken with 4 pay periods, employer can pay

the TOIL out Employees under Table 1 – TOIL should be paid out at the appropriate overtime rate Employees under Table 2 – TOIL should be paid out on a time for time rate

Example

Employee A is rostered to work full time, 7.6 hours Monday to Friday. Employee A has been required to work an additional hour each day in Week One. Week One

Page 28: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 28 of 72

Monday – 7.6 hours normal, 1 hour time and a half Tuesday – 7.6 hours normal, 1 hour time and a half Wednesday – 7.6 hours normal, 1 hour time and a half Thursday – 7.6 hours normal, 1 hour time and a half Friday – 7.6 hours normal, 1 hour time and a half Saturday Sunday Week Two Monday – 7.6 hours normal Tuesday – 7.6 hours normal Wednesday – 7.6 hours normal Thursday – 7.6 hours normal Friday – 7.6 hours normal Saturday Sunday Under Table 1:

- Option A) If being paid for the work - Employee is paid 76 hours

normal, 5 hours at time and half

- Option B) If accruing TOIL: Employee is 76 hours normal, 7.5

hours TOIL

- If being paid out TOIL: 5 hours at time and a half

Under Table 2:

- Employee is paid 76 hours normal, 5 hours TOIL

- If being paid out TOIL: 5 hours normal

Rolling Overtime

4.2.6 Occurs where an employee has incurred overtime and has not had at least 10 consecutive hours off duty between shifts. If instructed to work without 10 hours off, paid or entitled (TOIL) to double their normal entitlement rate until they are released from duty. Must have 10 consecutive hours off before rostered to next shift, and will be paid for ordinary hours that they would have worked during this absence.

Example

Employee A is rostered on Monday from 11:00am – 9:00pm and Tuesday 6:00am – 10:00am. On Monday night, Employee A was asked by Oncall to stay until 10:00pm as the staff member doing the sleep over shift was running late.

Page 29: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 29 of 72

Therefore Employee A worked 11:00am-10:00pm = 11 hours. As overtime incurred on first shift, and they are still rostered to their next shift on Tuesday from 6:00-10:00, the employee either:

a) Starts their second shift on Tuesday at 7:00am (but still be

paid ordinary hours for 6:00am-7:00am), or

b) Is paid double their normal entitlement rate from 6:00am –

10:00am

Reasonable Overtime

4.2.7 Classification Levels 5 & 6, reasonable overtime may be worked without additional recompense. If claiming TOIL/overtime, must have approval of Director/Regional Manager prior to working such overtime

Further Information

The definition of ‘Reasonable Overtime’ as per the Fair Work Act 2009 Sect 62 indicates that overtime can be reasonable so long as the following things are taken into account:

any risk to health and safety from working the extra hours

the employee’s personal situation, including their family

responsibilities

the needs of the workplace

if they are paid at a higher rate on the understanding that they

work some overtime

if the employee was given enough notice that they may have to

work overtime

An employee can refuse to work overtime, if the request is

unreasonable.

Meal Break in Overtime

4.2.8 Where an employee has unexpectedly been required to remain at work which pushes them into overtime in typical meal times: Between 6:00-7:00am, 12:00-1:00pm, 6:00-7:00pm, they will either be provided with a meal free of charge, or they will be paid a meal allowance at the current rate. The current meal allowance as at July 2014 is $11.96.

Page 30: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 30 of 72

Example

Employee A was scheduled to work from 8:00am – 6:00pm, and was asked to stay back and work until 8:00pm. Therefore, as this shift results in overtime, and the overtime is between 6:00-7:00pm when an evening meal is typically had, Employee A will be paid as follows:

- 10 hours ordinary time

- 1 hour at overtime - time and a half

- 1 meal allowance.

Employee B has already worked 76 hours for the fortnight. They are asked to undertake another shift in the fortnight, which therefore, pushing them into overtime. As this overtime was preplanned, they are not entitled to a meal allowance.

Rostering 4.3.1 4.3.2

Rosters should be available preferably 72 hours (3 days) before the commencement of each fortnight Scheduled Days Free from Work can be changed by mutual consent at any time Client hours can be altered to accommodate client need and allocated within the working month period.

Note

Employees may be required to work with a number of client/environments during the course of their employment, as per operational needs.

Minimum 2 hours

4.3.3 Part time employees will be rostered for work periods of at least 2 hours per day.

Late Cancellation

4.3.4 Late cancellation is within 72 hours of the shift commencing. If the shift is cancelled by providing less than 72 hours notice The employee should be provided with alternative work in the same fortnight, equivalent to the same number of hours. If an alternative shift cannot be rostered, the employee will be paid the equivalent of their original rostered shift. If a reasonable alternative shift is offered to the employee and they decline, they do not get paid any compensation for the cancelled shift. Employer to find alternative hours within the pay period (on an

Page 31: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 31 of 72

hour for hour basis), or pay 100% of hours cancelled Does not apply to brokered shifts – employer will try to find alternative work within a month If a shift is cancelled by providing more than 72 hours notice The employee is not entitled to any additional compensation, providing this does not result in the employee being paid for less than the minimum hours in their contract. Where an error in rostering has occurred and surplus employees are rostered to a shift The late cancellation clause does not apply. If one of the employees nominates to go home, they can do so on the understanding that they will only be paid a minimum 30 minutes (or the time they have been at the environment). If neither employee wants to go home, both employees should be rostered on to complete the shift and additional duties should be provided for them to complete during the shift

Aborted Visit 4.3.6 Where a client is not in attendance at a pre-arranged

appointment, the employee must advise non-attendance immediately. Employer to find alternative hours equivalent to the time allocation on the roster for that client, during same shift period, next 14 days or within same rostering period If employee refused alternative work, they will only be paid minimum of either rostered shift, or 30 minutes.

Broken Shifts 4.3.7 Defined as minimum 2 hours break between two shifts.

Only worked where mutual agreement between employer and employee. One period of broken shift must be 2 hours, or less by mutual agreement in writing

Minimum Breaks between Shifts

4.4.1 10 hours break between two full shifts (i.e. shifts of 7.5hrs or more) 8 hours break if it is a sleepover See Appendix A: Interpretation ruling clause 4.4

Meal break 4.5.1 4.5.2

Where rostered to work more than 6 hours, entitled to at least 30 minutes unpaid meal break between fourth (4th) & sixth (6th) hour. Timing can be negotiated to meet operational and client needs. If employee is required to remain on duty with the client during a

Page 32: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 32 of 72

meal break, the meal break is paid at ordinary time. If employee is on unexpected overtime between 6-7am, 12-1pm, 6-7pm they are paid a Meal Allowance. Refer to Overtime clause 4.2 As at July 2014, the meal allowance rate is $11.96.

Example Employee A works in an office environment and starts work at 8:30am, therefore, they are entitled to an unpaid meal break between 12:30pm and 2:30pm. Employee B is a support worker and works in an environment one on one with a client who has high needs from 8:00am – 4:00pm. Therefore, based on the fact that the employee is required to remain on duty with the client during the meal break at lunchtime, they are entitled to be paid 30 minutes at ordinary time.

Rest Pauses 4.6 10 minutes in every 4 hours of continuous work.

To be taken at a mutually agreed time so as not to interfere with continuity of work – e.g. clients homes. Must be taken at the premises they are working in. As necessary, staff may be required to remain with the client during the 10 minute rest pause

Example Employee A is a Support Worker at a Respite Centre from 7:00am until 3:00pm. Employee A has a 10 minute rest pause at 11:00am to go and make a cup of coffee and check their mobile phone, as there is other staff available to assist with clients of the service.

Sleepovers 4.7. A Sleepover is not classified as a shift.

Defined as a period of duty where a Support Worker sleeps overnight in the clients house in order to be available to provide an immediate response to any care needs of the client. Must be rostered for 4 hours work prior to or after sleepover Annual leave, Sick leave, and Long Service Leave payments will include the Sleepover Allowance payments an employee would have been rostered for and he/she would have received as a result of their roster but for going on leave. This allowance will not attract annual leave loading.

Page 33: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 33 of 72

Superannuation will be paid on the sleepover allowance dollar value.

Sleepover Allowances

4.7.3 Refer to the 2008 Centacare Community & Disability Services Union Collective Agreement Allowances schedule for most current rates.

Sleepover A

Where sleepover is uninterrupted or has minimal disturbances. - Up to 3 disturbances of less than 2 hours.

Sleepover B

Where an emergency occurs that involves significant disturbances

- 4 x disturbances, even if they do not total 2 hours, or - A disturbance, or multiple disturbances, that total more than 2

hours, but less than 4 hours.

“Awake Shift”

- As soon as the disturbed time reaches 4 hours and 1 second, the shift is paid as an awake shift, with appropriate over time.

- Supervisor or Oncall should be notified as soon as practicable if this occurs.

Note

A disturbance is not complete until the client has resettled, and dealing with two clients at the same time is considered to be one disturbance Table 1 employees to receive weekend and public holiday loadings on Sleepover Allowances. Table 2 employees will not attract the relevant penalty loading.

Additional Loading (Table 1 Only)

4.7.4 4.7.5 Table One only

Weekends

– 25% loading for Table 1 where majority of the sleepover arrangement occur between midnight Friday to midnight Sunday. (i.e. Sleepovers that commence on Friday or Saturday nights)

Public Holidays

– 100% loading for Table 1 where the majority of the sleepover arrangement occur between midnight and 6:00am on the public holiday. (i.e. Sleepovers that commence the night before a public holiday), What does ‘majority of sleepover arrangement’ mean?

- 10:00pm - midnight = 2 hours

- Midnight – 6:00am = 6 hours

The majority of the sleepover hours occur from midnight to

Page 34: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 34 of 72

6:00am. Therefore Public Holiday commences at 12:00am the day of the Public Holiday.

Example

Employee A’s shift is scheduled for Boxing Day at 6:00pm until 27 December at 8:00am. Therefore you would not be eligible for the public holiday loading on the Sleepover rate because the majority of sleepover hours is on the 27 December (not a public holiday).

Example Please note allowance rates for this example are calculated on the rates effective 1 September 2014.

Sleepover A Involves predetermined and scheduled work activities during the course of the night (for example with disturbances totally up to 2 hours lack of sleep and/or three (3) disturbances. Employee A is a Table 1 employee scheduled to work from 6:00pm Friday night until 8:00am Saturday morning. During this sleepover Employee A wakes up through the night three (3) times for 20 minutes each to take a client back to bed who has gotten up through the night. This is classified as a Sleepover A. Therefore Employee A is paid:

- Weekend Sleepover Allowance A of (70.09 x 25%)

- Late/Early penalty of 25% (Friday 6:00pm – 10:00pm) = hourly

rate x 25% x 4 hours

- Weekend penalty of 50% (Sat 6:00am-8:00am) = Hourly rate

x50% x 2 hours

(Note –employees are not entitled to Late/Early allowance on top of Weekend Allowances.) Sleepover B Significant disturbances of more than three occasions where formal interruptions during the sleepover have led to lack of sleep of up to 4 hours. Employee B is a Table 1 casual employee scheduled for a shift on Easter Sunday to Easter Monday. During this sleepover period the client they are supporting is routinely yelling out in the night, and exhibiting anxious behaviour. Employee B supports the client to settle and engages them in strategies from their positive behaviour support plan to relax.

Page 35: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 35 of 72

Employee B documents this on the Sleep Disturbance Form and calculates these disturbances to total 3.5 hours. Therefore Employee B is paid:

- Sleepover B allowance of $105.17

- Public holiday additional loading of 100% allowance $105.17 as

it is the Easter Monday that the Public Holiday commences on.

- (Casual rate of pay excludes weekend penalties).

Awake shift – ‘active duty’ Time required to deal with the situation will be dealt with as an ‘active duty’ shift. Totaling more than 4 hours disturbance to sleep. Employee C is a Table 2 employee scheduled for a sleepover shift from Wednesday 8:00pm until Thursday 10:00am. During this sleepover shift a client with a physical disability becomes afflicted with symptoms of gastroenteritis. Employee C attends to the client, repeatedly giving them a shower, changing their clothes, linen and supporting them during this period. In addition, the staff member must hoist the client out of the bed each time. Employee C calculates that the period of time they were awake continually was from 12:00am till after 5:00am in the morning and contacts Oncall at 6:00am the next morning to advise of the awake shift and to arrange coverage for the rest of their shift, and any further ones to ensure that they have 10 hours break between duty. They are advised a short time later that their shift will be relieved at 7:00am. Therefore Employee C is paid:

- 10 hours at their ordinary rate of pay 8:00pm-6:00am

- 1 hour overtime rate of pay 6:00am-7:00am

- As this was a weekday no penalty loading was required.

Employee A,B and C complete the Sleepover Disturbance Form detailing their disturbances and submit to their supervisor.

Local Flexibility Agreement (LFA)

4.8 LFA is to meet extraordinary, ongoing operational needs for a particular client/environment. Employer can make changes to terms and provisions of hours of work, travel arrangements and overtime as appropriate to improve service delivery and outcomes to clients and the needs of the employees. Certain factors must be considered:

a) the potential of risk to the health and safety of the employee;

b) The employee’s personal circumstances including any family

Page 36: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 36 of 72

responsibilities;

c) The needs of the clients and/or workplace etc

All employees affected must agree to condition Request from must be completed and sent to HR for consideration and approval. HR must consult with Union If approved, will be put in writing and signed off by all employees affected

Example

Client X has a physical disability and lives independently in their own home. They require support to assist them to get up out of bed in the morning and to provide a shower, and to put them to bed at night and provide a shower. It has been identified that the client does not require any further assistance outside of these tasks, and it is not necessary for a two hour shift as the tasks are completed within an hour. Therefore during a team meeting with all staff who support Client X, they agree that one hour is suitable as most of the staff members live close to the clients home. The Manager puts a request in writing to HR for their approval. HR meets with a Union representative to discuss the Local Flexibility Agreement (LFA) and approves that it meets the client’s needs and all considerations have been taken into account. LFA is written by HR and then given to all parties for their signature.

Note

The LFA can be reviewed and changed according to clients’ needs and operational requirements.

Short Term Agreement (STA)

4.9 STA caters for one off, short term or single occurrences where an employee may have to attend workplace for more than 24 hours (E.g. weekend holiday with client) Is not to be used to avoid paying overtime. Payment is a flat rate for all employees – currently capped at $495.00 per 24 hour period, in lieu of all other entitlements.

Page 37: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 37 of 72

No additional payment for weekends or public holidays Reasonable expenses (i.e Applicable travel costs, accommodation and entry fees, excluding mileage to and from the collection location) shall be paid for/reimbursed. Ordinary hours will be attributed per day as a standard of 16 hours which can be negotiated lower based on the circumstances of the STA. Ordinary hours add to the employees ordinary hours for the fortnight. THA (Task Hazard Analysis) must be completed for the STA and signed off by the relevant Director prior to the commencement of the STA Note: Refer handouts Appendix C & D

Example Employee A usually works a 60 hour rostered fortnight and has been asked to take a high needs client to Conrad Jupiter’s Casino on the Gold Coast for the night. The STA time has been scheduled from Friday 1300 until Saturday 1500 (Week One). The Manager completes a THA and attaches it to the Short Term Agreement. The employees usual roster for the fortnight is: Week One Monday: 10:00am – 5:00pm = 7 hours Tuesday: 10:00am – 5:00pm = 7 hours Wednesday: 7:00am – 1:00pm = 6 hours Thursday: 8:00am – 1:00pm = 5 hours Friday: 8:00am – 1:00pm = 5 hours Saturday: Scheduled Day Free from Work Sunday: Scheduled Day Free from Work Week Two Monday: 10:00am – 5:00pm = 7 hours Tuesday: 10:00am – 5:00pm = 7 hours Wednesday: 7:00am – 1:00pm = 6 hours Thursday: Scheduled Day Free from Work Friday: 8:00am – 1:00pm = 5 hours Saturday: 8:00am – 1:00pm = 5 hours Sunday: Scheduled Day Free from Work Calculation for STA:

Page 38: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 38 of 72

STA = for each 24hrs = 16 hours of service = $495.00 (inc S/O allowance) How to work out the ‘total sum’ of the STA: Total hours for STA =26 hours (Friday 1300 – Saturday 1500) To work out the rate $495.00 ÷ 24 hours x 26 hours = $536.25 Therefore Employee A receives $536.25 for the STA period. How to work out the ‘ordinary hours’: Because 16 hours of service (= 6:00am – 10:00pm - you look at

the number of hours that fall between 6am and 10pm each day.) is attributed for each 24 hour period, the ordinary hours contributed to Employee A’s fortnightly roster as a result of the STA = 18 hours (16 hours (24hrs) + 2 hours) Timesheet and Overtime/Fatigue Management: Employee A works 60 hours in the fortnight + the 18 ordinary from the STA = 78 hours. Based on their roster Employee A will not have continuous 48 hour period scheduled Free form Work as they usually would on Saturday and Sunday. Therefore, in consultation with the employee, the Manager chooses to replace the Monday Week 2 shift to ensure that the Employee A has the opportunity to rest before they are back to duty. If shift coverage of any other shift within the fortnight to ensure the employee has had their appropriate break (2x 24 hour and 1x 48 hour periods) the employee is entitled to overtime for one of the shifts either before or after one of the 24 hour Scheduled Days Free from Work. Ie Monday of Week 2.

Note

As long as the employee is provided with their 2x 24 hour and 1x 48 hour period, the employee would only be entitled to 2 hours overtime for working over 76 hours in the period.

Page 39: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 39 of 72

PART 5- LEAVE ARRANGEMENTS AND PUBLIC HOLIDAYS

Topic Clause Summary Information

Annual Leave 5.1 Cumulative and will accrue on a pro-rata basis for each

completed four (4) week period of employment. Part time and full time employees will be entitled to 4 weeks annual leave per year. Designated shift workers will be entitled to 5 weeks annual leave per year. Annual leave is exclusive of public holidays. (i.e if leave you have taken falls on a Public Holiday such as; Boxing Day, you do not need to use your Annual Leave hours). Where an employee has accrued over 8 weeks annual leave (i.e for a full time employee this would be 304 hours, (152 hours x2 year period) the employee can be directed by Manager to take leave following consultation with employee. Employee may take paid leave provided that it has been authorised, and there is an accrued leave balance of at least the amount of leave they propose to take. Ideally annual leave should be taken in multiples of a day to ensure adequate rest. Paid at a base rate for each hour of annual leave taken plus 17.5% leave loading.

Note

Annual leave, Sick leave, and Long Service Leave payments will include the Sleepover Allowance payments an employee would have been rostered for and he/she would have received as a result of their roster but for going on leave. This allowance will not attract annual leave loading.

Example Employee A is a part time employee who works 20 hours per

week for a year.

At the end of the year, Employee A is entitled to 80 hours of annual leave (the equivalent of 4 weeks work for her).

Cashing out Annual Leave

5.2 Can apply to cash out annual leave providing 4 weeks accrual remains in balance (as per National Employment Standard). Cannot be cashed out in advance of it being credited to the employee.

Page 40: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 40 of 72

Further information As per the National Employment Standards Cashing out annual leave means an employee receives payment instead of taking time off work. Annual leave can only be cashed out when an award or registered agreement allows it. Certain rules apply when cashing out annual leave:

- an employee needs to have at least 4 weeks annual leave

leftover

- a written agreement needs to be made each time annual leave

is cashed out

- an employer can't force or pressure an employee to cash out

annual leave

- the payment for cashed out annual leave has to be the same

as what the employee would have been paid if they took the

leave.

Example Employee A works full time 38 hours a week has accrued 304 hours in annual leave. Therefore Employee A is able to cash out 152 hours (304 –152 (38x4)) Employee B works part time 20 hours per week, including 2 sleepovers, and has accrued 100 hours in annual leave. Therefore Employee B is able to cash out 20 hours (100 – 80 (20x4)) including 2 sleepover allowances (as they would have been paid this if they were to have used this as annual leave). Refer Appendix E – Application to Cash out Annual Leave Form Appendix E.

Additional Paid Annual Leave

5.3 Table 1 shift workers and Table 2 employees eligible for additional week of annual leave providing:

- Worked more than 20 Saturdays or Sundays in a calendar

year; AND

- Worked more than 5 public holidays in a calendar year

Part time employees are entitled to additional paid annual leave on a pro-rata basis.

Purchase Leave

5.4 Full time employees can purchase up to 2 weeks annual leave every 12 months Leave loading does not apply to additional week

Page 41: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 41 of 72

Refer to Collective Agreement for conditions and calculations. Refer Appendix F – Application to Purchase Leave

Personal Leave 5.5.1 Personal leave provides for both sick leave and carers leave.

All employees except casuals are entitled to paid sick and carer's leave. All employees including casual are eligible for unpaid carer’s leave. An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy related illnesses. An employee can take paid carer's leave to care for or support a member of their immediate family or household who is sick, injured or has an unexpected emergency. Paid personal leave is cumulative and accumulated after each completed four (4) week period. Full time and part time employees will accrue 10 days personal leave each year More than 3 days personal leave requires medical certificate or statutory declaration Further information How does paid sick and carer's leave accumulate? Full-time and part-time employees accumulate sick and carer's leave during a year of work. It starts to build up from an employee's first day of work and is based on the number of hours they work. The balance at the end of each year carries over to the next year. Sick and carer's leave continues to accumulate when an employee is on paid leave such as paid annual leave or paid sick leave. It doesn't accumulate on periods of unpaid leave, such as unpaid parental leave.

Example

Employee A is a full-time employee who works 38 hours per week. Employee B is a part-time employee who works 19 hours per week.

Page 42: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 42 of 72

Therefore Employee A accrues 76 hour personal leave per year. Employee B accrues 38 hours personal leave per year as she works half the hours.

Unpaid Carer’s Leave

5.5.2 When other paid personal/carer’s leave entitlements have been exhausted. Entitled to two (2) days of unpaid carer’s leave per occasion.

Compassionate Leave (also known as Bereavement leave)

5.6 Full time and part time employees are entitled to three (3) paid days per bereavement for the purposes of making arrangements and attendance at a funeral (international funerals) when a member of an employee’s immediate family or household dies, or suffers a life-threatening illness or injury. Employees will be able to take compassionate leave for other relatives (eg. Cousins, aunts and uncles) if the employer agrees to this. In addition, can request Leave With Out Pay, Annual Leave, Long Service Leave for additional days off. Casuals can request leave without pay. There is no limit to how many times an eligible employee can access Compassionate Leave.

Note

Employees can be asked to provide documentary evidence. Family member defined to include any relationship by blood; marriage (including defacto relationships) adoption; fostering; religious or traditional kinship.

Example

Employee A is a part time employee who approaches his Service Manager about his father who has been diagnosed with cancer, and is currently hospitalised for treatment. The Service Manager grants him 3 days Compassionate Leave to be with his father. Three months later Employee A advises his Service Manager that his father has passed away. The Service Manager authorises 3 days Compassionate Leave and provides Employee A with the EAP Brochure and offers support if he requires any further time off during this time.

Page 43: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 43 of 72

Further Information from the National Employment Standards

All employees are entitled to 2 days compassionate leave each time an immediate family or household member dies or suffers a life hreatening illness or injury. The compassionate leave can be taken as:

a single continuous 2 day period, or

2 separate periods of 1 day each, or

any separate periods the employee and the employer agree.

An employee does not accumulate compassionate leave. It can be taken any time an employee needs it. If an employee is already on another type of leave (eg. annual leave) and needs to take compassionate leave, the employee can use compassionate leave instead of the other leave.

Payment for compassionate leave

Full-time and part-time employees receive paid compassionate leave and casual employees receive unpaid compassionate leave. Full-time and part-time employees are paid at their base pay rate for the ordinary hours they would have worked during the leave. This doesn't include separate entitlements such as incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates. Compassionate leave can't be cashed out.

Maternity Leave 5.7.3 Full time and part time employees can apply for 2 weeks paid

maternity leave. Eligibility criteria applies including minimum 12 months continuous service. Refer to Collective Agreement for required documentation and notice periods. Paid in a two week block from the day on which the maternity leave commences, inclusive of public holidays Eligible full time, part time and casual employees can take up to 52 weeks unpaid maternity leave (including six (6) weeks from the date of the birth of the child). This is in addition to the Governments Paid Parental Leave Scheme. Employees need to apply for the Government scheme through the government website and payments will then be made

Page 44: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 44 of 72

through the pay roll. Refer Appendix B- Parental Leave Fact Sheet Further information Employees who have taken parental leave don't have to work for another 12 months before they can take another period of parental leave with that same employer. However if they have started work with a new employer they will need to work with that employer for at least 12 months before they can take parental leave.

Special Maternity Leave

5.7.3.4 Granted to an employee if she has a pregnancy related illness or her pregnancy ends within 28 weeks of the expected birth, otherwise than by the birth of a living child. Refer to Collective Agreement for required documentation and notice periods.

Secondary Care Giver Leave (including Paternity) Leave

5.7.4 Definition of secondary care giver is any person who is in a relationship of care or support with the child, by blood (e.g.parent, sibling or grandparent) or marriage (including defacto relationships). Provided when employee intends to take this leave to become the primary care-giver of a child. Must comply with documentation and notice requirements. 3 days paid leave at the base rate of pay Eligibility criteria applies including minimum 12 months continuous service Refer to Collective Agreement for required documentation and notice periods.

Return to work from Parental Leave

5.7.6 & 5.7.7

Right to request flexible working arrangements

Further Information from the National Employment Standards

Certain employees have the right to request flexible working arrangements. Employers can only refuse these requests on reasonable business grounds. Long term casual employees who have a reasonable expectation of ongoing employment are also eligible. A long term casual employee would usually have been employed on a regular and systematic basis for at least 12 months.

Page 45: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 45 of 72

What are flexible working arrangements? Examples of flexible working arrangements include changes to:

- hours of work (eg. changes to start and finish times)

- patterns of work (eg. split shifts or job sharing)

- locations of work (eg. working from home).

Requesting to work part-time Employees can request to work on a part-time basis if they’re:

- the parent, or have responsibility for the care, of a child

- returning to work after taking parental or adoption leave

- requesting to work part-time to help them care for the

child.

Who can request flexible working arrangements? Employees who have worked with the same employer for at least 12 months can request flexible working arrangements if they:

- are the parent, or have responsibility for the care, of a

child who is school aged (currently 6.5 years) or younger.

- are a carer (under the Carer Recognition Act 2010)

- have a disability

- are 55 or older

- are experiencing family or domestic violence, or

- provide care or support to a member of their household or

immediate family who requires care and support because

of family or domestic violence.

An employee can request flexible working arrangements to assist them with these circumstances. How do employees request flexible working arrangements? Requests for flexible working arrangements have to:

- be in writing

- explain what changes are being asked for

- explain the reasons for the request.

What should employers do with a request? Employers who receive a request must give a written response within 21 days saying whether the request is granted or refused. They can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal. Further information

Best practice tip

Employers don't have to choose between accepting or rejecting a request in full. Once a request has been made, employers and employees can discuss and negotiate to come to an

Page 46: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 46 of 72

arrangement that balances both of their needs. What are reasonable business grounds? Reasonable business grounds can include:

- the requested arrangements are too costly

- other employees' working arrangements can't be changed

to accommodate the request

- it’s impractical to change other employees’ working

arrangements or hire new employees to accommodate the

request

- the request would result in a significant loss of productivity

or have a significant negative impact on customer service

Example

Employee A wants to start work at 10am instead of 9am so he can take his son to pre-school. Employee A can request flexible working arrangements to help him care for his son.

Long Service Leave

5.8 Entitled to 13 weeks (2.5 months) after 10 years on full pay (ordinary rate of pay) inclusive of the sleepover allowance. Employees can take pro rata after 7 years if not dismissed Must be approved by Director/Regional Manager

Note

Employees can choose to take up to 76 hours a fortnight of their accrual, it does not have to be based on their current roster. Should be taken in periods of at least one week blocks. Annual leave, Sick leave, and Long Service Leave payments will include the Sleepover Allowance payments an employee would have been rostered for and he/she would have received as a result of their roster but for going on leave. This allowance will not attract annual leave loading.

Example A

Employee A is a Support Worker that has been working with Centacare for 9 years and has accrued 344.71 hours of Long Service Leave (LSL). They have approached their Manager to see if they can take their accrued LSL hours in single days over a few months, as they have exhausted their annual leave and would like to use their LSL instead on an irregular basis (when

Page 47: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 47 of 72

they are required to assist with their children’s school hockey team). The Manager sends this to the Director, who is unable to approve this leave request as long service leave is preferably to be taken in block periods, to allow an extended break, rather than ad hoc. Employee A then chooses to take these days as leave without pay, and decides to book a holiday when they come to the 10 year anniversary and take the 2.5 months off to go on a cruise.

Example B

Employee B is a Support Worker that has been working for Centacare for 7.5 years and has accrued over the time 229 hours Long Service Leave. They currently works a roster that is 5 days a fortnight (37.5 hours), however, would like to be paid more hours whilst they are on holiday. They approach the Manager to see their options. Their Manager advises that even though they currently work 5 days a fortnight, they can choose to apply for up to 76 hours a fortnight of their accrual hours, as leave is not necessarily taken based on their roster. Employee B weighs up: Option A – they would be away for a period of 6 fortnights (three months) (229hrs divided by 37.5 hours) paid at their ordinary rate of 37 hours/ fortnight, or Option B – they would be away for a period of 3 fortnights (one and a half months) (229hrs/ 76 hours) paid at their ordinary rate of pay but for 76 hours. Employee B provides their Manager with adequate notice (more than 2 weeks) to arrange the coverage of their role whilst they are away.

Further Information from the National Employment Standards

Payment of long service leave Long service leave is paid at the employee's ordinary pay rate. The ordinary pay rate is the employee's base pay rate for their usual hours of work and doesn't include:

- allowances – (**in Community Services you are paid

for your sleepover allowance as well).

- shift loadings

- penalties

Page 48: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 48 of 72

- overtime.

Payment of long service leave to casuals will include the casual loading as this is their ordinary hourly rate of pay. Payment of long service leave at the end of employment Any unused long service leave has to be paid out at the end of employment. Employees wishing to cash out their long service leave whilst still employed have to apply to the Queensland Industrial Relations Commission to seek approval. Documentation for application is available through HR.

Renewal Leave 5.10 Full time and part time employees will be eligible for $1000 and 5

days paid special leave to be used for any professional and personal development purposes for each block of 5 years of continuous service from the date of the Collective Agreement, and from date of commencement (new staff). Leave must be taken within 6 months after accrual of leave elapses Part time staff to be eligible must have completed 4000 hours in 5 continuous years of service Employees will be notified once they have reached their entitlement via a letter from HR.

Community Service Leave

5.11 Full time and part time staff required for Jury Service are entitled to 10 days pay, minus remuneration paid for attendance by government. Can apply for unpaid leave for other community service activities

Further information from the National Employment Standards

How much leave is an employee entitled to? An employee is entitled to take community service leave while they are engaged in the activity and for reasonable travel and rest time. There is no limit on the amount of community service leave an employee can take.

Page 49: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 49 of 72

Example A

Payment for jury duty Employee A was required to attend jury selection and was chosen for the jury. The jury service lasted 12 days. Employee A provided her employer with evidence that she had been paid $60 per day by the court. Employee A’s base pay rate is $140 per day as a Support Worker. Centacare paid her 'make- up pay' of $80.00 per day for 10 days. For the remaining 2 days she did not receive payment from her employer.

Example B

Employee B was required to attend jury selection and was chosen for the jury. Employee B is provided with the jury service dates, and had their shifts for the next 10 days covered accordingly. Employee B’s Manager advises that as their shifts are covered for the duration of the jury duty, if they are not required for the entire day for jury service, we have designated modules of online training for their completion at the nearest office location.

Public Holidays

Local Show Day

5.12 Days outlined in Collective Agreement Good Friday, Labour Day, Christmas Day, Anzac Day, the first day of January, the twenty-six day of January, Easter Saturday (the day after Good Friday), Easter Monday, gazette d local show day, the birth of the Sovereign (Queens Birthday), and Boxing Day, or any day appointed under the Holidays Act 1983.

Note

Local show holiday is based on where Service Office is located unless advised otherwise. Note if staff work across several services, they can only be paid for 1 local show holiday Table 1

- If required to work, paid double time and a half - If not required to work, paid hours normally worked

Table 2

- If required to work, paid normal days pay plus accrue TOIL on time for time basis

- If not required to work, paid hours normally worked

Page 50: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 50 of 72

Brokered work - Service moved to a different day if client agrees and

offered to employee

- Alternatively, paid hours normally worked

Public holidays are not paid during periods of unpaid leave

Page 51: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 51 of 72

Example

Anzac Day falls on Saturday and the gazetted day for the public holiday is the Friday, therefore only the Friday is considered as a public holiday and paid accordingly.

Study Assistance/ Leave

5.13 Approval for study leave and reimbursement for approved outlays must be obtained from the Director/Regional Manager in writing. Written application must be supported by Program Manager/Coordinator. Must benefit both the employer and the employee (relevant to their role). Can request up to 5 days per calendar year for study (non-cumulative).

Study Leave for Union Representative

5.13.3 Employee Representative of a recognized Industrial Union can use the 5 day study leave provision to attend relevant courses. Application submitted in writing to employer 14 working days prior to the commencement of the course. Employer will advise within 7 working days of receiving the application as to whether or not the study leave has been approved.

Career Break 5.14 Must have worked 3 years of continuous service

Can apply for 6 weeks to 12 months unpaid leave Applications must be made to Manager with two months notice of intention prior to the requested start date. Refer to Collective Agreement for required documentation and conditions, including factors for consideration. Approval required by Director/Regional Manager Employees taking a career break will agree they will not engage in any employment during the career break that could conflict with the employer’s interests. On return from Career Break, employee offered comparable position will no reduction in salary

Page 52: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 52 of 72

PART 6- EMPLOYER AND EMPLOYEE OBLIGATIONS, RELATIONSHIOP AND RELATED ARRANGEMENTS

Topic Clause Summary Information

Training 6.1 Centacare will arrange for employees to undertake and maintain

First aid and CPR. For Employer required training, the course cost associated with training will be paid for by employer. Payment is at the employee’s normal hours no matter whether over 76hrs, 10hrs/day, or on their Day Free from Scheduled Work. NOTE: This does not include meetings.

Grievance Resolution Procedure

6.3 To be followed if an employee identifies a work related problem Refer to Collective Agreement for procedure

Work and Lifestyle Balance

6.4.1 Work and lifestyle balance best achieved through provision of flexibility in employees attendance pattern consistent with:

a) Operational requirements and client needs;

b) Impact on other members of the particular work group;

and

c) The personal needs of the employee

Flexible Working Arrangements

6.4.2 Work arrangements that provide employees flexibility in relation to hours worked on any particular day. Arrangements such as make-up time may be used. Family responsibilities taken into account when scheduling meetings. Note Based on operational requirements – 1 day off per calendar month preferred to a 9 day fortnight. Any operational issues must be addressed which could result in a flexible arrangement not being practical Approval required by Director/Regional Manager

Job Sharing 6.4.3 One full time job divided between two or more part time

employees whom agree on the portion of the job and share responsibility for the total workload. If parties cannot reach agreement on hours work, employer will prescribe the hours. Not an automatic right.

Page 53: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 53 of 72

Applications for job share taking into account both employee and client needs. Priority given to operational needs and nature of the jobs responsibilities.

Home based work

6.4.4 Either ongoing or temporary basis. Refer to Collective Agreement for procedure Approval required by Director/Regional Manager

Vaccinations 6.6.7 Voluntary for employees and are to be arranged as soon as

practical after employment. Gap cost paid for by employer for Influenza, Hepatitis B Additional vaccinations can be considered if required based on client conditions.

Example

Employee A pays for the appointment with their doctor and for the cost of the influenza/ Hepatitis B vaccine. A receipt is provided to the service for the cost of the influenza/Hepatitis vaccine and the cost of the Doctor’s appointment and this is reimbursed. Recommendation is that services organize vaccinations for their staff as required. Best practice would be to make an arrangement with a local medical practitioner/nurse to attend the service or make appointments at the surgery for staff to attend.

Indigenous Australian Employment Strategy

6.7 Indigenous Australian person, for the purposes of this clause, is defined as a person of Aboriginal and /or Torres Strait Islander decent who identifies as a such as Aboriginal and/or Torres Strait Island person and is accepted by such by his/her community. All Indigenous Australian employees can substitute a public holiday for National Aboriginal Day of Celebration (NADOC) day without loss of pay on the day it is celebrated in the State in which the employee is employed. Can apply for additional unpaid leave to participate in other traditional ceremonial activities

Page 54: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 54 of 72

SECTION B – SCHEDULES

Topic Clause Summary Information

Pay Classification Definitions

Schedule A Pay Classification Definitions for Disability Sector Employees Schedule B Pay Classification Definitions for Aged Care Sector Employees

Criminal History Screening

Policy Refer to Criminal History Screening Policy

Employee Loans

Archdiocesan Policy

Must meet requirements of the cash advance form including: • The employee must work over 20 hours per week in part

time hours or regular rostered shifts over the past 6

month period;

• Requests for loans for any individual staff member

exceeding $2000 in any 12 month period will not be

approved;

• Any loan/cash advance is to be repaid by fortnightly

payments within 6 months or until all monies

loaned/advanced have been repaid in full or prior to the

first upcoming 30 June (whichever is the sooner);

• The employee must maintain an accumulated annual

leave or eligible pro-rata long service leave entitlement

balance that exceeds the requested loan amount for the

entire loan period;

Loan applications made between 1 June and 30 June will not be considered or made until after 1 July of that year.

Page 55: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 55 of 72

OTHER RELEVANT INFORMATION

Information regarding working across two services

See Appendix G – What to do when staff work across CCS Services We encourage employees to work across services

Consultation about Change to Rosters or hours of work (from Award)

SCHCDS Award 2010

Social, Community, Home Care and Disability Services Industry Award 2010 Part 2 - Consultation and Dispute Resolution 8.2 Consultation about change to rosters or hours of work

a) Where an employer proposes to change an employee’s

regular roster or ordinary hours of work, the employer

must consult with the employee or the employees affected

and their representative, if any, about the proposed

change.

b) The employer must:

i) Provide to the employees affected an their

representatives, if any, information about the

proposed change (for example, information about

the nature of the change to the employees regular

roster or ordinary hours of work and when that

change is proposed to commence).

Example

Example A A service manager has reviewed the rostering arrangements of a particular client environment. There will be an impact on staff rosters. Service Manager calls a team meeting with the staff members of the particular environment to advise them of the upcoming changes in the roster and that a finalization of the new roster will be commencing in 8 weeks time. The service manager advises the staff members that for those that would like additional hours, they should contact the service manager who will seek to retrain them and provide them with shifts in other environments. The service manager advises the staff member that this is the 2 months is their notice period and during this notice period they

Page 56: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 56 of 72

will:

- Endeavor to find them suitable alternative work with other

clients within the service, where they have been trained.

- Arrange any necessary training required to enable them to

be rostered in other client environments in Centacare

Community Services.

The Service manager also advises the staff member that if during the notice period, they are offered and then unreasonably refuse alternate work or environments to be trained, we no longer will have the responsibility to replace the hours. Should any other shifts arise following the cessation of the notice period, the service manager would consider those who have been affected as a priority. Example B We were notifed that in two weeks the clients funding is to be changed. Therefore we would maintain the staff members roster for a further two weeks after to ensure they have at least four weeks notice. The service manager advises the staff member that this is the 4 weeks is their notice period and during this notice period they will:

- Endeavor to find them suitable alternative work with other

clients within the service, where they have been trained.

- Arrange any necessary training required to enable them to

be rostered in other client environments in Centacare

Community Services.

The Service manager also advises the staff member that if during the notice period, they are offered and then unreasonably refuse alternate work or environments to be trained, we no longer will have the responsibility to replace the hours. Should any other shifts arise following the cessation of the notice period, the service manager would consider those who have been affected as a priority Refer to Appendix H – Change in Rostered Hours Template Letter to Staff Long periods of unpaid leave Question for Di- what to advise to staff members – “we cannot guarantee your shifts as , on your return we would endeavour to find the same or similar hours to what you previously had worked. Beyond 3 months is the maximum timeframe that we would keep shifts open.

Page 57: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 57 of 72

The legal reference – maximum of three month gap. Refer to Long Service Leave as the reference.

Consultation in relation to changes in the Employees Availability

Employees need to request any changes to their availability in writing to their supervisor so that their supervisor can consider whether this change is operationally acceptable and can be accommodated. Supervisors need to consider:

Operational requirements

How many hours the employee will be available to work (should be no less than 16 hours per week)

The employee personal situation

What allowances have been made with other staff members

The possibility of filling the shifts with other current staff

How often these changes in availability have occurred. It has been a regular occurrence, or a once of request.

If there is a period of time associated with this change in availability.

Please refer to Contract of Employment Clause 2.2

Page 58: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 58 of 72

Appendix A - Clause 4.4 - Minimum Break Between Shifts

Workplace Relations Office 2008 Centacare Community and Disability Services

Union Collective Agreement Interpretation Ruling

Clause 4.4 was introduced to reinforce the need for all staff to keep in mind the need for adequate time off to meet Workplace Health and Safety obligations and/or family responsibilities. At all times, consideration must be given to the potential risk to the health and safety of the employee due to insufficient length of rest breaks between shifts. For the purposes of overtime this clause shall be interpreted as follows: (a) A ten (10) hour break is not required and penalties are not incurred in those circumstances where a

person works less that the equivalent of two full shifts, either side of a nominal break or a sleepover.

In such work situations, a minimum break of eight (8) hours can be substituted. These situations include:

(1) When an employee is required to work a relatively short shift either before or after a sleepover period, to assist the client in the evening and with ablutions, and/or breakfast the following morning.

(2) Where an employee continues to work due to non-arrival of the employee rostered on for

the next shift (i.e. an employee calls in sick, and alternative arrangements must be made for support of a client).

(3) When employees have swapped shifts, at their own initiative and subject to the approval of

the employer, resulting in less than ten hours break between shifts, there will be no penalty to the employer.

(b) Centacare has a duty of care to its staff – every effort must be made to avoid an employee working

two full shifts either side of a sleepover period (10pm – 6am). For this purpose, a full shift equates to 7.5 hours or more of work. Centacare would expect such an occurrence to be the exception rather than the norm. In the event an employee is required to work two full shifts either side of a sleepover, s/he will be entitled to payment at double the rate prescribed by the Agreement for the second shift as s/he has not had a ten (10) hour break between the shifts. Such incidents must be highlighted by the Service Manager and brought to the attention of the appropriate Payroll Officer.

(c) The employee also may be entitled to payment of overtime when s/he works less than two full shifts

within the same 24 hour period (from midnight on one day to midnight on the following day) in the following circumstances:

- when an employee is required to work one shift following a sleepover and one further longer shift on the same day, the employee will be entitled to payment of overtime for hours worked in excess of a maximum of ten (10) hours; and

- where an employee is required to work more than ten (10) hours in any such 24 hour period, the employee will be entitled to payment of overtime.

Page 59: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 59 of 72

Appendix B - FAQ – Parental leave and what it means for you Am I entitled to parental leave? To be entitled to parental leave you must be:

a) Full-time or part-time employees who have at least 12 months ‘service’ before the date (or expected date) of birth or adoption; and you are responsible to care for the newborn or newly adopted child.

OR b) A casual employee, who has been working with Centacare on a regular and systematic basis for at

least 12 months; you have a reasonable expectation of ongoing employment; and you are responsible to care for the newborn or newly adopted child.

How do I apply for parental leave? To apply for parental leave you will need to provide Centacare with written notice, including: 10 weeks before starting the leave: You will need to give written notice include the planned start and end dates of the leave you are taking. 6 weeks before the due date or placement date: If you continue to work within the 6 weeks before the expected date of birth you will need to provide Centacare with a medical certificate that states you are fit to work. If you are unable to provide this, Centacare can require you to take unpaid leave. 4 weeks before the due date or placement date: You will need to confirm your parental leave dates with your Manager as soon as possible. If there are any changes to the dates, you will need to advise your manager what the changes are as soon as you can in writing. Does Centacare help me get my Government Paid Parental Leave? No - you apply for the Australian Government Paid Parental Leave scheme yourself – visit the Centrelink webpage for more information. You can apply for the Government Paid Parental Leave from 3 months before the due date of the birth or placement date. Will I need to provide evidence to Centacare? Centacare can ask you for evidence of the expected date of birth or adoption. Types of evidence include a medical certificate or a statutory declaration. What if I can’t work my usual job? If your doctor deems it is not safe for you to do your usual job, you need to provide a medical certificate stating that you are fit to work but that you cannot undertake your usual duties. The medical certificate should also include what duties you can undertake. Centacare will review the information contained in the medical certificate and will look into transferring you to an appropriate ‘safe’ job where possible. You would be entitled to the same entitlements, full rate of pay and ordinary hours as your usual job.

What happens to me if there isn’t a safe job? If transfer to a “safe job” is not available, you can be required by Centacare to take paid ‘no safe job’ leave. This leave continues for the time stated in the medical certificate or until the birth or placement of the child. You will be paid the base rate of pay for the ordinary hours you would have normally worked.

Page 60: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 60 of 72

Can I work right up until I am due? If you want to work in the 6 weeks right before you are due, Centacare can ask you to provide a medical certificate confirming it is safe for you to work in your usual job. Can I come back to work early? There isn’t an automatic entitlement to return to work before the planned date. If you want to reduce your leave and come back to work early, Centacare needs to agree. Centacare would request that you provide at least 6 weeks notice of the date you want to return to work. Centacare can require you to come back to work early if you no longer have responsibility to care for a child. Centacare will need to give you 4 weeks written notice. A mother who has given birth can’t be required to return to work earlier then 6 weeks after the date of birth. Does paid leave accumulate during unpaid parental leave? No – your annual leave and personal (sick) leave does not accumulate when you are on unpaid parental leave. If you are entitled to a period of paid parental leave from Centacare (as per your employment terms and conditions), you will accrue annual and personal leave during the period of paid parental leave from Centacare. Please note that you do not accumulate paid leave while receiving the Australian Government Paid Parental Leave scheme payments. Do I get paid for the public holidays whilst I am on parental leave?

You are not entitled to be paid for any public holiday which occurs during the period of unpaid parental leave. Can I request flexible working arrangements on return to work? If you have children under school age, or a child under 18 who has a disability, you have the right to request flexible working arrangements. You will need to make this request in writing to your manager and detail the arrangement you are requesting. Flexible working arrangements include;

o Working part-time; o Requesting different starting and finishing times; and/or o Working from home

Centacare will respond to your request in writing within 21 days. Will I be able to return to my usual role? An employee who’s been on parental leave is entitled to come back to the job they had before they went on leave.

Page 61: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 61 of 72

If the job doesn’t exist anymore, Centacare will offer you a suitable available job. This must be a position that you are qualified for and that is nearest in pay and status to your original position. If someone else is doing your job (covering for parental leave) this doesn’t mean that the job doesn’t exist anymore. It is up to Centacare to ensure the person covering your role is aware that it is only for a term period whilst you are on parental leave. Can I use annual leave or personal (sick) leave when on unpaid parental leave? You are able to use your accrued annual leave whilst on parental leave. If you take annual leave, it is taken at the same time as the unpaid parental leave. When you fill out your leave application form to apply for your parental leave period, just ensure you tick both the annual leave and parental leave boxes and you will be paid out any accrued annual leave. You cannot use accrued personal (sick) leave when on unpaid parental leave.

Can I change or extend my parental leave? You can choose to extend your unpaid parental leave within the first 12 months, and can apply to extend the leave beyond 12 months. If you didn’t originally apply to take 12 months unpaid parental leave, you can extend your leave once. Centacare would request that you advise us of your intention to extend your parental leave in writing at least 4 weeks before the date you were due back to work. You can request to extend the first 12 months of unpaid parental leave by up to an extra 12 months. This request must:

o Be made to your Manager in writing o Be made at least 4 weeks before the date you are due back to work

Centacare has to reply in writing as soon as possible and no later than 21 days after they have received your request. If your partner has also taken unpaid parental leave, your request to extend leave also has to specify the amount of leave your partner took (or will take).

o The amount of additional leave you can request is reduced by the amount of leave your partner takes.

Example Kristina is currently on 12 months unpaid parental leave and she wants to extend her leave. While she is on leave, her partner took 3 weeks unpaid parental leave when their baby was born. This means that Kristina can extend her leave to a total of 12 months and 49 weeks. This is based on her minimum 12 month entitlement plus 12 months (52 weeks) minus 3 weeks that her partner took.

Example Jade has requested to take 12 months of unpaid parental leave. She asks her employer Linda, if she can be paid for some of this time off from her accumulated annual leave. Linda advises Jade that she can take any of her annual leave at any time during her parental leave. Linda and Jade agree that Jade will take a total of 12 months off work, which includes 12 months of unpaid parental leave and 1 month of paid annual leave (which is taken at the same time as 1 month of her unpaid parental leave).

Page 62: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 62 of 72

Keeping in touch days, what does this mean for you? Employees who are being paid under the Australian Government Paid Parental Leave Scheme can use keeping in touch days. This means:

o You can come to work for up to 10 days during your parental leave, without it affecting your unpaid parental leave entitlements;

o You are entitled to be paid your normal wage for the day’s (or part day’s) worked; and o You can work these days 1 day at a time, or altogether.

Keeping in touch days can be a good way for you to stay up to date with work. You cannot attend a keeping in touch day within the first 42 days after the birth of the child. If you want to attend a keeping in touch day earlier than this, you must put a request in writing to your employer (note: you cannot attend within the first 14 days after the birth).

Best Practice Tip Employers can help to keep employees engaged at work, even if they don’t want to work keeping in touch days. Employees often lose touch with their work when they have been on leave for a long period of time. One of the best ways of making sure employees are still engaged with their workplace and stay up to date with any changes is for employers to keep in contact with them. This can be as simple as

o Emailing and inviting them to special work functions and helping them feel that they are still part of the team - even if they’re not working.

Example Georgia has taken 12 months unpaid leave to look after her newly adopted son. During this time, her workplace gets a new computer system and everyone needs to be trained how to use it. To make sure Georgia can easily transition back into work after her leave, her boss, Alex asks her if she’d like to come in for a keeping in touch day so that she can do the training with everyone else. Georgia agrees and is paid her normal wage for coming into work. To practice the new skills and make sure that she doesn’t lose them before she comes back to work, she asks Alex if she can come in for a keeping in touch day once a month for 6 months. Alex agrees. Georgia is paid her usual wage for the days she comes into work and her entitlement to unpaid leave doesn’t change.

Page 63: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 63 of 72

Appendix C – Short Term Agreement Guidelines

SHORT TERM AGREEMENT GUIDELINES

2008 Centacare Community and Disability Services Union Collective Agreement

Short Term Agreements (STAs) are available to cater for one-off short term or singular occasions where an employee may be required to attend the workplace for more than 24 hours (for example a weekend or holiday period with a client, an authorised training session or workshop or other work based activity outside the normal span of work hours).

STAs must not be used where normal rostering processes should be used (i.e. to get around overtime or penalties)

STAs must be negotiated and the form completed and signed by the employee, employer, and/or the client (as appropriate), prior to the commencement of the STA period

Managers need to ensure that they have discussed the STA with the employee, and completed a Task Hazard Analysis (see page 2 for hazards that should be considered).

The basis of an STA is that an employee will be paid a maximum of $495 per 24 hour period. This amount is a cap - you can negotiate a lower amount if the employee is going to a flash resort, on a boat cruise etc.

The standard service hours attributed to each 24 hour period is 16 hours. The number of service hours can be negotiated with the employee based on the activity being undertaken

The number of service hours specified on the STA will count towards the employees’ total hours for the fortnight. Please note that these hours could potentially mean the employee incurs overtime on other shifts in the fortnight if in total they have worked over 76 hours

(e.g. if an employee works a 70 hour rostered fortnight as well as a 24 hour STA which recognises

16 hours as service, 10 hours out of the rostered work would need to be paid at the relevant

overtime rates. As part of your fatigue management strategy, you may like to discuss with the staff

member that their rostered shifts may be cancelled/amended)

To calculate the remuneration for an STA that is over several day, using $495 per 24 hour period as a basis, you work out the hourly rate and times it by the total number of hours the employee will be away on the STA.

To calculate the number of ordinary hours to be attributed to an STA that is over several days, using 16 ordinary hours per 24 hour period as a basis, you look at the number of hours that fall between 6am and 10pm each day. (e.g. STA commences at 5pm on Friday, and finishes at 11am on Sunday. The remuneration of the STA would be $866.25 ($495 / 24 x 42) and the ordinary hours would be 26 (5pm – 10pm Friday, 6am – 10pm Saturday, 6am – 11am Sunday)

Please ensure a copy of the STA is provided to the Pay Office

Page 64: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 64 of 72

Matters for consideration when completing the Task Hazard Analysis: Example hazards you may need to consider:

- Availability of resources at location - Ability to make contact with office (i.e access to a telephone, telephone reception at the location) - Employee fatigue / ability to restore fitness for work - Employee injury/illness - Employee pre-existing medical conditions - Client injury/illness - Employee allergies - Availability of medical assistance if needed - Disagreement with family/other employees - Activities at location (any restrictions) - Meal plan considerations for client - Manual handling - Security of belongings - Ability to be relieved from STA if needed - Emergency response

Financial considerations:

- Client’s budget - Who pays for travel insurance/medical expenses - Who pays for additional expenses - Petty cash / access to additional money - Authorisation of expenditure - Reconciliation of expenditure (e.g. receipts)

Additional hazard considerations when STA involves going on a cruise or overseas:

- Employee/client vaccinations - Ability to make contact with office (i.e access to a telephone, telephone reception at the location) - Experience of employee - Passports and visa’s - Lodgement with Smart Traveller (Dept of Foreign Affairs and Trade) - Limitations on purchases (i.e. duty free) - Travel insurance - Language barriers

Page 65: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 65 of 72

Appendix D – Short Term Agreement Form

SHORT TERM AGREEMENT

Employee Name:

Employee ID No.:

Purpose of Agreement:

Start Time: Start Date:

Finish Time: Finish Date:

I agree to the following conditions: 1. For this work related activity period, payment will be as follows:

A total sum of $.......................... as payment for work undertaken during the period of this agreement. For the purposes of service this amounts to …….….. ordinary hours.

2. I acknowledge that payment as indicated in clause 1 above will compensate me in full for all

hours of work during this work related activity agreement, including if I am required to be up during the night to assist a client.

3. I acknowledge that I am ‘on duty’ for the whole period of the work related activity agreement

and must stay at the designated location for the whole period of time, unless otherwise directed by my Supervisor. If in exceptional circumstances I need to leave the location, I will seek prior permission to do so either from my Supervisor or the relevant on-call person.

I also acknowledge that even when the clients are in bed, I am still ‘on duty’ and will remain at

the designated location and behave in an appropriate manner to ensure I meet my duty of care obligations.

4. During the work related activity, all applicable travel costs, accommodation and entry fees will

be provided. If there is an additional expense that I believe has not been identified by Centacare, I agree to seek prior permission from my Supervisor before incurring the expense.

5. With respect to meals, I acknowledge that Centacare’s preferred option (Option A) is to provide

me with the necessary meals required for the duration of this Agreement. However, if the provision of a meal is not possible, I acknowledge that a meal allowance of

$12.04 per meal may be considered (Option B). ………….. meal allowances to be paid for during this work related activity.

6. I agree to retain all applicable receipts for expenses incurred during this work related activity

period and will provide them to my Supervisor for administrative records. 7. In accordance with the Accident and Incident Reporting Policy, I agree to report all incidences

that occur during this work related activity in the appropriate manner and within the required timeframes.

Please Turn Over

Page 66: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 66 of 72

8. At the end of the work related activity, I agree to stay with the client/s until the agreed

arrangements to hand the client to the next employee or carer are complete. 9. A Task Hazard Analysis has been completed for this work related activity (attached). I have

worked with my Supervisor to agree on the control measures that need to be put in place for the hazards that we have identified.

10. This Agreement has been made in accordance with the requirements of Clause 4.9 of the 2008

Centacare Community and Disability Services Union Collective Agreement – extract

found below and which I have read and understood. 11. I acknowledge that I have signed this Agreement on a voluntary basis; I have had the

opportunity to seek independent advice about the terms and provision of this agreement; and I have not been coerced by my employer or any other person to sign this agreement.

Employee: Date: Manager: Date: Client Noted/Agreed: Date:

2008 Centacare Community and Disability Services Union Collective Agreement - EXTRACT

4.9 Short Term Agreement (formerly known as a Work Related Activity Agreement)

4.9.1 Whilst the parties note that a Local Flexibility Agreement (Clause 4.8) may be appropriate in certain

circumstances, they agree that there also needs to be flexibility to cater for one-off short term or

singular occasions where an employee may have to attend the workplace for more than 24 hours (for

example a weekend or holiday period with a client, an authorised training session or workshop or

other work based activity outside the normal span of work hours). In determining such an

arrangement, the following factors will be taken into consideration:

(a) No employee shall be required to attend a work related activity unless it is the basis of a mutual

agreement amongst the employee, employer and/or the client, as appropriate.

(b) The basis of the arrangement is on a voluntary basis between the employee and employer

and/or client.

(c) In determining an appropriate payment a flat rate shall be negotiated which shall be in lieu of all

other entitlements expressed in this Agreement. In addition, all reasonable expenses, excluding

travel or mileage to and from the collection location, shall be reimbursed either by the client or by

the employer.

(d) Any gazetted Public Holiday falling on a day in which an employee is participating in such a short

term agreement, the employee shall be given an alternative paid day off. The nominated hours

worked during the Agreement period will count as service towards the employee’s leave accrual

for annual leave, sick leave and long service leave as appropriate.

(e) The agreement reached between the parties will be documented in writing.

4.9.2 The parties also agree an employee is not to be disadvantaged irrespective of whether he/she decides to enter into, and/or participate in such a short term agreement.

Page 67: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 67 of 72

Appendix E – Application to Cash Out Annual Leave Form

Form 17 Application to Cash Out Annual Leave

Employee Name Employee Number

Employer ADF ADS Centacare Evangelisation Brisbane Episcopal & Corporate Office Parish

Other - please specify:

Department/Service

Centacare Directorate

(if applicable)

Catholic Family & Relationship Services

Governance & Risk ( Executive)

Accounting & Finance Services

Child Care Services

Pastoral Ministries

Centacare Community Services

I _________________________, elect to cash out (be paid for) _________ week(s) of my current annual leave entitlement.

In making this election, I acknowledge that:

My Director has approved the provision to allow me to cash out ____week/s of my annual leave entitlement within a 12 month period (or the equivalent proportionate entitlement for a part-time employee), providing I have at least 4 weeks annual leave left in my accrual.

I acknowledge that, for ease of administration, I am agreeable to cashing out a period equating to ______ week’s entitlement;

In electing to cash out this portion of my annual leave, I have no entitlement to take this period of annual leave as time-off from work;

My cashed out period of annual leave will be paid at the rate of pay including leave loading that I would have been entitled to receive at the time of making this election;

My employer will deduct the number of annual leave hours I have cashed out from my accumulated annual leave balance;

My employer has not placed any undue influence or pressure on me to make a decision about whether or not to cash out a portion of my annual leave entitlement; and

My employer may, at their discretion, refuse to authorise the application.

Employee’s Signature Date

Approved By Name Position

Signature Date

PAY OFFICE USE ONLY

To be processed fortnight ending Pay No

Pay No

Page 68: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 68 of 72

Appendix F – Application to Purchase Additional Annual Leave Form Form 16 - Application to Purchase Additional Annual Leave

Employee Name Employee Number

Employer ADF ADS Centacare Evangelisation Brisbane Episcopal & Corporate Office Parish

Other - please specify:

Department/Service

Centacare Directorate

(if applicable)

Catholic Family & Relationship Services

Governance & Risk ( Executive)

Accounting & Finance Services

Child Care Services

Pastoral Ministries

Centacare Community Services

I _________________________, elect to purchase an additional _________ week(s) of my annual leave.

In making this election, I acknowledge that:

The Archdiocesan Employment Guidelines govern my employment and allow me, as a full time employee, to purchase a maximum of two weeks additional annual leave entitlement within a 12 month period;

The cost of the purchased annual leave will be deducted from my salary in accordance with the Archdiocesan Employment Guidelines;

Annual leave loading will not apply to any period of my purchased annual leave;

Purchased annual leave cannot be taken at half pay and cannot be taken before my accrued annual leave entitlements have been accessed. Such leave also can only be taken at a mutually agreed time in multiples of a day;

Purchased annual leave must be used within 12 months of the commencement of salary deductions and is not cumulative;

Unless my Manager and I have otherwise agreed, in writing, my Manager may give me notice of at least one month of the date on and from which my purchased annual leave is to be taken. In such an event, I agree to comply with the notice;

Should my employment cease before the end of the 12 month period that my salary deductions have been calculated on, any leave paid for but not taken, or any leave taken but not yet paid for, will be deemed moneys owing and reimbursed accordingly; and

My employer may, at their discretion, refuse to approve this application.

Employee’s Signature Date

Approved By Name Position

Signature Date

PAY OFFICE USE ONLY

To be processed fortnight ending Pay No

Pay No

Page 69: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 69 of 72

Appendix G – What To Do When Your Staff Will Be Either Working Across Multiple Services or Are Looking to Transfer to Another Service

NB There are complexities regarding sharing staff across former CDS and former CSS as processes are still quite different, please consult with HR if you require clarification.

Communication - Have you discussed with:

The Employee

Changes to work conditions ie working days/ hours?

Changes in rate of pay relating to their new position? (They may be working in a role classified at a different level).

The Shift Replacement clerks for both services (if applicable)

Employees current roster and new roster to ensure ‘Days Free from Work’ are negotiated?

Formalising an arrangement to prompt the Shift replacement clerks to speak regularly to each other regarding the staff members roster to monitor overtime and Days Free from Work.

The Service Manager/ Coordinator

If each service stores personnel files, where will the employees be kept? Do you duplicate the information?

Disclose information regarding work performance, or issues that are to be monitored?

Completion of HRIS Payroll Forms to send to Payroll

Option A - For staff transferring

Current Service Manager

1. Completes Form 10 – ‘Change of employment Conditions’ ‘Present Status’ section of the form and 2. Sends to new Service Manager from transferred service.

New Service Manager

- Completes Form 10 ‘New Status’ information - Confirmed the award wage/pay level details with Human Resources - Signs and sends to Payroll via email and cc in Human Resources

Option B - For sharing staff across services

New Service Manager

1. Completes Form 11 –Additional Placement 2. Confirmed the award wage/pay level details with Human Resources 3. Signs and sends to Payroll via email and cc in Human Resources

Page 70: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 70 of 72

Appendix H – Change in Rostered Hours Template Letter to Staff Date STAFF IN CONFIDENCE Name Address line one Address line two

Dear , As discussed and outlined with you during our recent (environment) team meeting held on the (date) your current full shift(s) at (environment) will be altered effective (date). To support you with the alteration to your roster, during this four (4) week notice period from (insert date) to (insert date) 2014 we will endeavor to find you suitable alternative work with other clients in our Services, where you have been trained. We will also arrange any necessary training required to enable you to be rostered in other client environments in Centacare Community Services. During the notice period, if you are offered and then unreasonably refuse alternate work or environments to be trained, we no longer will have the responsibility to replace the hours. This is a decision that has not taken lightly and I encourage you to contact me on (insert number) if you have any questions or if you require further clarification. Yours sincerely, (insert name) Manager (service name) Centacare Community Services P: F: E: A:

Page 71: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 71 of 72

Appendix J – Work Related Travel – Travel Time and Fuel Allowance

2008 Centacare Community Support Services and Disability Services Union Collective Agreement

Work Related Travel – Travel Time and Fuel Allowance

It is a condition of employment for employees to use their own vehicles in the course of work

Two options provided to reimburse the employee expenses associated with the running of their own vehicle:

1. Fuel Allowance and Travel Time 2. Mileage Allowance (based on Australian Tax Office cents per kilometre rates) Note: Whole Service must be on an option as approved by the Director / Regional Manager

Fuel Allowance and Travel Time are allocated to the day on which travel incurred as per the travel time/fuel allowance table

Fuel Allowance and Travel Time are not applicable to mutually agreed broken shifts (i.e. where shifts are 2 hours or more apart)

Fuel Allowance

Is only applicable when employees are using their own private vehicle (i.e. employee cannot claim Fuel Allowance if they are using a service vehicle)

Is paid as a dollar figure according to the number of kilometres travelled between shifts on a particular day (excluding travel between broken shifts)

Is not dependent on the make/model of vehicle used but on the approved kilometres

If work related travel is excessive, the employer will make every effort to provide the employee with a work vehicle, should one be available for such work purposes

Travel Time

Is only payable when an employee provides a service to more than one client in a given day

Is added to ordinary hours for that day on the timesheet

Use of Service Vehicles

Where an employee is required to use a Service vehicle to undertake their duties, their shift commences from the time they are required to pick up the Service vehicle, and ends at the time designated for them to return the Service vehicle (note: rostered breaks during this period will not be paid for)

In the circumstance where the employee is required to use a Service vehicle for some of their rostered shifts (i.e. they are assisting with a group program in the morning, and then undertaking in-home shifts in the afternoon), their shift will commence from the time are required to pick up the Service vehicle, and ends at the time designated for them to return the Service vehicle (note: rostered breaks during this period will not be paid for)

If a Service vehicle is available for an employee to use (as an alternative to using their own vehicle), their shift commences from the time they pick up the Service vehicle, and ends at the time designated for them to return the Service vehicle (note: rostered breaks during this period will not be paid for)

Where an employee is required to use their personal vehicle during a rostered shift (i.e. to take a client shopping), they cannot claim travel time. They can still claim the kilometres travelled on this journey towards their fuel allowance.

Page 72: 2008 Centacare Community and Disability Services Union ... Agreements... · convert to part time . - The employer must consider the availability of ongoing part time work. Example

Page 72 of 72

Exceptional Circumstances

In exceptional circumstances, employees are eligible to claim the distance between their home to their first client, or the distance from their last client to their home

Exceptional circumstances are defined as where an employee is asked to drive from their home to their first client, or from their last client to their home, to a location which is:

a) Outside the 45 kms radius of their Service; and b) Is over 45 kms from their home

Example How do we calculate the mileage staff are paid going to their first client (or coming home from their last client) in the following situations?

Any distance to get to a location within the 45km radius is acceptable as it is the employees choice to live further

away from work

To get to client A or B, the client would not be eligible for travel as its within 45 kms from the Service office

To get to client C, the employee would be eligible to 15 kms travel each way (60-45) as it is further than 45 kms

from the Service and over 45 kms from their house

To get to client D, is the employee would not be eligible for any travel as they are travelling less than 45 kms.