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Fair Work Act 2009 s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A

Catholic Early Learning and Care(AG2018/778)

CAIRNS CATHOLIC EARLY LEARNING AND CARE – OUTSIDE

SCHOOL HOURS CARE (OSHC) ENTERPRISE AGREEMENT 2018

Children's services

DEPUTY PRESIDENT MASSON MELBOURNE, 28 JUNE 2018

Application for approval of the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Early Learning and Care. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[2018] FWCA 3810

DECISION

[2018] FWCA 3810

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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 27 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428996 PR608515>

[2018] FWCA 3810

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Annexure A

[2018] FWCA 3810

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Page 1 of 44.

SINGLE ENTERPRISE AGREEMENT

OUTSIDE SCHOOL HOURS CARE

FOR LODGEMENT WITH FAIR WORK COMMISSION

Fair Work Act 2009 – Chapter 2, Part 2-4

THE ROMAN CATHOLIC TRUST CORPORATION FOR THE DIOCESE OF CAIRNS

TRADING AS CATHOLIC EARLY LEARNING AND CARE (ABN 91 473 691 625)

AND

EMPLOYEES OF THE ROMAN CATHOLIC TRUST CORPORATION FOR THE DIOCESE OF CAIRNS

ENGAGED IN OUTSIDE SCHOOL HOURS CARE FACILITIES

(FWC No. AG2018/………….)

CAIRNS CATHOLIC EARLY LEARNING AND CARE - OUTSIDE SCHOOL HOURS CARE (OSHC) ENTERPRISE AGREEMENT 2018

LODGEMENT OFFICER: Jae-maree Lundstrom Receipt Date: ...........................

THIS AGREEMENT, made under section 172 of the Fair Work Act 2009 on ___________________________________ 2018, between The Roman Catholic Trust Corporation for the Diocese of Cairns and the Employees of The Roman Catholic Trust Corporation for the Diocese of Cairns who are engaged in Outside School Hours Care and who work in any classification in schedule 1, witnesses that the parties mutually agree as follows —

Page 2 of 44.

PART 1 - PRELIMINARY ................................................................................................................................... 4

1.1 TITLE ....................................................................................................................................................... 4

1.2 STATEMENT OF OBJECTIVES ................................................................................................................... 4

1.3 PARTIES BOUND AND COVERAGE ........................................................................................................... 4

1.4 OPERATIVE DATE, DURATION AND DEFINED TERMS ............................................................................... 5

1.5 NO EXTRA CLAIMS .................................................................................................................................. 5

1.6 ACCESS TO THE ENTERPRISE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS .................. 5

1.7 CONSULTATION OVER MAJOR CHANGE .................................................................................................. 6

1.8 INDIVIDUAL FLEXIBILITY ARRANGEMENTS .............................................................................................. 8

PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT ..................................................................................... 9

2.1 ENGAGEMENT ........................................................................................................................................ 9

2.2 FULL-TIME EMPLOYMENT ....................................................................................................................... 9

2.3 PART-TIME EMPLOYMENT ...................................................................................................................... 9

2.4 CASUAL EMPLOYMENT ......................................................................................................................... 10

2.5 TERM-TIME EMPLOYMENT ................................................................................................................... 11

2.6 FIXED-TERM EMPLOYMENT .................................................................................................................. 11

2.7 MORE THAN ONE ENGAGEMENT .......................................................................................................... 12

2.8 EMPLOYEE’S DUTIES ............................................................................................................................. 12

2.9 HIGHER DUTIES ..................................................................................................................................... 13

2.10 PROBATIONARY PERIOD .................................................................................................................. 13

2.11 DISPUTE RESOLUTION PROCEDURE .................................................................................................. 13

2.12 TERMINATION OF EMPLOYMENT – STATEMENT OF SERVICE ........................................................... 15

2.13 TERMINATION OF EMPLOYMENT BY THE EMPLOYEE ....................................................................... 17

2.14 REDUNDANCY .................................................................................................................................. 17

2.15 ABANDONMENT OF EMPLOYMENT .................................................................................................. 18

2.16 SKILL DEVELOPMENT COURSES ........................................................................................................ 19

2.17 STAND DOWN PROVISIONS/FORCED CLOSURE ................................................................................ 19

2.18 PAYMENT OF REMUNERATION ........................................................................................................ 19

2.19 EMPLOYER’S POLICIES ...................................................................................................................... 20

2.20 SCOPE OF AUTHORITY ...................................................................................................................... 20

2.21 PROPERTY OF THE EMPLOYER .......................................................................................................... 20

PART 3 – CLASSIFICATIONS, REMUNERATION, SUPERANNUATION AND DEFINITIONS ................................... 21

3.1 WAGES AND WAGE RELATED MATTERS ................................................................................................ 21

3.2 ALLOWANCES ....................................................................................................................................... 21

3.3 SUPERANNUATION ............................................................................................................................... 23

3.4 SALARY PACKAGING ............................................................................................................................. 24

PART 4 – HOURS OF WORK AND RELATED MATTERS ..................................................................................... 24

4.1 ORDINARY HOURS OF WORK ................................................................................................................ 24

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4.2 OVERTIME ............................................................................................................................................ 24

4.3 ROSTERS ............................................................................................................................................... 25

4.4 MEAL BREAKS ....................................................................................................................................... 25

4.5 REST PAUSES ........................................................................................................................................ 25

4.6 BREAKS BETWEEN WORK PERIODS ....................................................................................................... 26

4.7 PAYMENT FOR STAFF MEETINGS .......................................................................................................... 26

4.8 ACCRUED ROSTERED DAYS OFF (COORDINATORS) ............................................................................... 26

PART 5 – LEAVE AND PUBLIC HOLIDAYS ......................................................................................................... 27

5.1 ANNUAL LEAVE ..................................................................................................................................... 27

5.2 REQUIREMENT TO TAKE ANNUAL LEAVE .............................................................................................. 27

5.3 ANNUAL LEAVE LOADING ..................................................................................................................... 28

5.4 CASHING OUT OF ANNUAL LEAVE BY MUTUAL AGREEMENT ................................................................ 28

5.5 ANNUAL LEAVE IN ADVANCE ................................................................................................................ 29

5.6 PERSONAL LEAVE .................................................................................................................................. 29

5.7 UNPAID CARER’S LEAVE ........................................................................................................................ 30

5.8 PUBLIC HOLIDAYS ................................................................................................................................. 30

5.9 PAID MATERNITY LEAVE OR ADOPTION LEAVE ..................................................................................... 31

5.10 AVAILABILITY OF PERSONAL LEAVE DURING PAID MATERNITY LEAVE ............................................. 32

5.11 COMMUNITY SERVICE LEAVE ........................................................................................................... 32

5.12 COMPASSIONATE LEAVE .................................................................................................................. 32

5.13 LONG SERVICE LEAVE ....................................................................................................................... 32

5.14 DOMESTIC VIOLENCE LEAVE ............................................................................................................. 33

5.15 EMERGENCY AND NATURAL DISASTER LEAVE .................................................................................. 33

PART 6 - MISCELLANEOUS .............................................................................................................................. 34

6.1 WORK HEALTH AND SAFETY ................................................................................................................. 34

6.2 SUITABILITY NOTICE (WORKING WITH CHILDREN) ................................................................................ 34

6.3 QUALITY ............................................................................................................................................... 35

PART 7 – DECLARATIONS AND SIGNATORIES ................................................................................................. 36

SCHEDULE 1 – CLASSIFICATIONS .................................................................................................................... 38

SCHEDULE 2 – WAGES .................................................................................................................................... 43

SCHEDULE 3 - DEFINITIONS ............................................................................................................................ 44

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PART 1 - PRELIMINARY

1.1 TITLE

This Agreement is known as the Cairns Catholic Early Learning and Care – Outside School Hours Care (OSHC) Enterprise Agreement 2018.

1.2 STATEMENT OF OBJECTIVES

1.2.1 The purpose of this Agreement is to establish the terms and conditions of employment of The Roman Catholic Trust Corporation for the Diocese of Cairns trading as Catholic Early Learning and Care in its Outside School Hours Care (OSHC) Facilities.

1.2.2 The aim of this Agreement is to facilitate achievement and recognise the importance of the Parties working together to achieve the objectives below to establish excellence in school-aged education and care and, in particular to:

(a) support a culture of continuous improvement, performance and innovation;

(b) reward Employees who demonstrate high performance in their roles;

(c) provide opportunity for Employees to develop their skills, build capacity and effectively perform their responsibilities;

(d) allow the Employer to manage flexibility;

(e) streamline and simplify conditions of employment;

(f) increase organisational productivity and efficiency;

(g) provide an educational programme and physical environment that is stimulating and enhances children’s welfare, learning and development;

(h) ensure that relationships with children, families and communities are responsive, respected and supportive; and

(i) maintain a safe and healthy working environment.

1.3 PARTIES BOUND AND COVERAGE

1.3.1 This Agreement will be binding on the Parties being,

(a) The Employer, namely:

The Roman Catholic Trust Corporation for the Diocese of Cairns trading as Catholic Early Learning and Care:

183 Abbott Street, Cairns Queensland 4870;

ABN 91 473 691 625

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AND

(b) The Employees of:

The Roman Catholic Trust Corporation for the Diocese of Cairns trading as Catholic Early Learning and Care:

183 Abbott Street, Cairns Queensland 4870;

ABN 91 473 691 625

who are engaged in any of the classifications in schedule 1 of this Agreement and employed by the Employer in OSHC Facilities;

AND

(c) United Voice, Industrial Union of Employees of:

303 Cleveland Street, Redfern New South Wales 2016;

ABN 19 845 840 893.

1.4 OPERATIVE DATE, DURATION AND DEFINED TERMS

1.4.1 This Agreement will come into operation and take effect seven days after the date it is approved by the Fair Work Commission.

1.4.2 The nominal expiry date of this Agreement is three years from the date of approval stated in the notice of approval issued by the Fair Work Commission.

1.4.3 On the expiry date of this Agreement, the Agreement will continue until it is replaced by a new agreement or terminated in accordance with the Fair Work Act 2009.

1.4.4 Certain terms in this agreement have a defined meaning and those meanings are set out in Schedule 3 – Definitions.

1.5 NO EXTRA CLAIMS

From the commencement of this Agreement, the Parties will not pursue further claims or industrial action with respect to the matters in this Agreement, during the operation of the Agreement.

1.6 ACCESS TO THE ENTERPRISE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS

The Employer will ensure that a copy of this Agreement, and the NES, are readily accessible to all Employees.

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1.7 CONSULTATION OVER MAJOR CHANGE

1.7.1 This clause applies if the Employer:

(a) has made a definite decision to introduce a major change to production, programme, organisation, structure, or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or

(b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.

1.7.2 For a major change referred to in clause 1.7.1(a):

(a) the Employer must notify the relevant Employees of the decision to introduce the major change; and

(b) clauses 1.7.3 to 1.7.9 apply.

1.7.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term.

1.7.4 If:

(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and

(b) the Employee or Employees advise the Employer of the identity of the representative;

the Employer must recognise the representative.

1.7.5 As soon as practicable after making its decision, the Employer must:

(a) discuss with the relevant Employees:

(i) the introduction of the change; and

(ii) the effect the change is likely to have on the Employees; and

(iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and

(b) for the purposes of the discussion – provide, in writing, to the relevant Employees:

(i) all relevant information about the change including the nature of the change proposed; and

(ii) information about the expected effects of the change on the Employees; and

(iii) any other matters likely to affect the Employees.

1.7.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.

1.7.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.

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1.7.8 If a term in this Agreement provides for a major change to production, programme, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clauses 1.7.2(a), 1.7.3 and 1.7.5 are taken not to apply.

1.7.9 In this clause, a major change is likely to have significant effect on Employees if it results in:

(a) the termination of the employment of Employees; or

(b) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or

(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

(d) the alteration of hours of work; or

(e) the need to retrain Employees; or

(f) the need to relocate Employees to another workplace; or

(g) the restructuring of jobs.

1.7.10 For a change referred to in clause 1.7.1(b):

(a) the Employer must notify the relevant Employees of the proposed change; and

(b) clauses 1.7.11 to 1.7.15 apply.

1.7.11 The relevant Employees may appoint a representative for the purposes of the procedures in this clause.

1.7.12 If:

(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and

(b) the Employee or Employees advise the Employer of the identity of the representative,

the Employer must recognise the representative.

1.7.13 As soon as practicable after proposing to introduce the change, the Employer must:

(a) discuss with the relevant Employees the introduction of the change; and

(b) for the purposes of the discussion – provide to the relevant Employees:

(i) all relevant information about the change, including the nature of the change; and

(ii) information about what the Employer reasonably believes will be the effects of the change to the Employees; and

(iii) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and

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(c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

1.7.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.

1.7.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees.

1.7.16 In this term, “relevant Employees” means the Employees who may be affected by a change referred to in clause 1.7.1.

1.8 INDIVIDUAL FLEXIBILITY ARRANGEMENTS

1.8.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

(a) the arrangement deals with one or more of the following matters:

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(iv) allowances; and

(v) leave loading;

(b) the arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in clause 1.8.1(a); and

(c) the arrangement is genuinely agreed to by the Employer and the Employee.

1.8.2 The Employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Fair Work Act 2009; and

(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and

(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.

1.8.3 The Employer must ensure that the individual flexibility arrangement:

(a) is in writing; and

(b) includes the name of the Employer and the Employee; and

(c) is signed by the Employer and Employee, or if the Employee is under 18 years of age signed by a parent or guardian of the Employee; and

(d) Includes details of:

(i) the terms of this Agreement that will be varied by the arrangement; and

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(ii) how the arrangement will vary the effect of the terms; and

(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

1.8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

1.8.5 The Employer or Employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the Employer and the Employee agree in writing - at any time.

PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT

2.1 ENGAGEMENT

2.1.1 Employees covered by this Agreement will be advised in writing of their employment category upon appointment, namely:

(a) full-time (as prescribed in clause 2.2); or

(b) part-time (as prescribed in clause 2.3); or

(c) casual (as prescribed in clause 2.4); or

(d) term-time (as prescribed in clause 2.5); or

(e) fixed-term (as prescribed in clause 2.6).

2.2 FULL-TIME EMPLOYMENT

2.2.1 A full-time Employee is an Employee who is engaged to work an average of 38 ordinary hours per week.

2.3 PART-TIME EMPLOYMENT

2.3.1 The Employer may employ a part-time Employee in any classification in this agreement.

2.3.2 A part-time Employee is an Employee who:

(a) works less than full-time hours of 38 per week;

(b) has reasonably predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time Employees who do the same kind of work.

2.3.3 At the time of engagement, the Employer and the part-time Employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the Employee will work and the actual starting and finishing times each day.

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2.3.4 Except for clause 4.7 (Payment for Staff Meetings), the Employer is required to roster a part-time Employee for a minimum of two consecutive hours on any shift.

2.3.5 A part-time Employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the OSHC Facility.

2.3.6 Except as provided for in clause 4.7.3 (staff meetings), no part-time Employee may work in excess of eight hours in any day without the payment of overtime paid for at the rates prescribed in clause 4.2. This clause will not apply during Vacation Care. Instead clause 2.3.7 applies to Vacation Care.

2.3.7 During Vacation Care, a part-time Employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to ten hours provided that the additional time worked is during the ordinary hours of operation of the OSHC Facility. No part-time Employee may work in excess of ten hours in any day without the payment of overtime paid for at the rates prescribed in clause 4.2.

2.3.8 A part-time Employee will be required to complete a minimum of 1000 hours of service from the time of their first appointment or last progression from one pay level to the next pay level, before being eligible for their next movement between pay levels. Any increase in pay resulting from movement between pay levels will become payable at the expiration of 1000 hours’ service or 12 months’ service, whichever occurs later.

2.4 CASUAL EMPLOYMENT

2.4.1 A casual Employee is an Employee engaged on a temporary and relief basis and paid as such but will not include:

(a) an Employee working 38 ordinary hours per week; or

(b) an Employee who is engaged to work a regular, predetermined number of ordinary hours each week; or

(c) an Employee defined as a part-time Employee in accordance with clause 2.3 (Part-time employment),

Provided that:

(i) for the purposes of relieving other Employees on approved leave or rostered days off, a casual Employee may work the ordinary rostered hours of the Employee on such leave; and

(ii) for the purposes of performing duties of a temporary nature including, but not limited to Vacation Care, a casual Employee may work up to 38 hours per week.

2.4.2 The rate of pay for casual Employees will be the appropriate hourly wage as set in Schedule 2, for the class of work the Employee is engaged in plus a casual loading of 25%.

2.4.3 Except for clause 4.7 (Payment for Staff Meetings), a casual Employee will be engaged for a minimum period of two hours' work or receive a minimum payment for two hours per engagement.

2.4.4 A casual Employee will be required to complete a minimum of 1000 hours of service from the time of their first appointment or last progression from one pay level to the next pay

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level, before being eligible for their next movement between pay levels. Any increase in pay resulting from movement between pay levels will become payable at the expiration of 1000 hours’ service or 12 months’ service, whichever occurs later.

2.5 TERM-TIME EMPLOYMENT

2.5.1 A term-time Employee is an Employee engaged to work only those weeks of the year that coincide with the provision of primary education to school children in an accredited school.

2.5.2 An Employee who consents to such an engagement, may be classified as a term-time Employee. The Employee's consent to being classified as a term-time Employee is to be genuine and in writing and a copy of the written agreement is to be maintained with relevant time and wages records.

2.5.3 No ordinary wages are payable for the weeks the Employee is not engaged to work.

2.5.4 A term-time Employee will not accrue paid annual leave or paid personal carer’s leave during non-term time when the Employee is not engaged to work.

2.5.5 Where a public holiday falls on a day on which an Employee normally works during term time or any public holiday falling on their annual leave, the Employee will be paid at the ordinary hourly rate for the number of hours that would ordinarily be worked by the Employee on that day.

2.6 FIXED-TERM EMPLOYMENT

2.6.1 A fixed-term Employee may be engaged to work on either a full-time, part-time or term-time basis for the completion of a specified task(s) or project(s), for example:

(a) to relieve in a vacant position arising from an absent Employee ; or

(b) for the temporary provision of specialist skills that are not available within the organisation for a specified period of time; or

(c) to fill short-term vacancies during the recruitment and selection of a permanent Employee or otherwise to fill a position identified as meeting a short-term need; or

(d) to fill a position created as a trial position or where there is short-term funding for a particular project or purpose.

2.6.2 When offering employment on a fixed-term basis, the Employer will advise the Employee in writing of the temporary nature of the employment, and the actual or expected duration of employment.

2.6.3 If a fixed-term Employee is subsequently appointed to a permanent position with the Employer, any period of the fixed-term contract completed immediately prior to the commencement of the permanent position will be recognised as service with the Employer for calculating leave, provided that the Employee has not taken or received payment in lieu of leave.

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2.7 MORE THAN ONE ENGAGEMENT

2.7.1 A term-time Employee may be engaged on a casual basis for duties in a separate engagement under this Agreement provided that such an engagement satisfies the following criteria:

(a) the engagement is subject to mutual agreement between the Employee and Employer;

(b) the agreement is in writing and kept with relevant time and wages records;

(c) an Employee who elects to take a casual engagement will work no more than 38 hours in any one week;

(d) the work required to be performed in the separate engagement may be consistent with the usual job description of the Employee concerned;

(e) the work required to be performed in the separate engagement does not interfere with the Employee's original contract of employment;

(f) the work required to be performed in the separate engagement is not designed to avoid overtime obligations;

(g) the separate engagement enables the Employee to obtain additional hours and/or remuneration; and

(h) employment on a casual basis performed during the separate engagement does not break the continuity of service of an Employee.

2.8 EMPLOYEE’S DUTIES

2.8.1 In undertaking the Employee’s duties, the Employee must:

(a) undertake the Employee’s duties to a standard reasonably required by the Employer;

(b) comply with any lawful and reasonable direction given by the Employer;

(c) use the Employee’s knowledge, experience and skill to promote the Employer’s business, reputation and objectives;

(d) work collaboratively with the Employer toward achievement of the objectives set out in this Agreement;

(e) be punctual, dressed in a manner suitable for working with children and ready to start work at the designated start time;

(f) treat co-workers, families and children within the care of the Employer with respect and courtesy; and

(g) attend for work completely free of the effects of drugs and alcohol in recognition that working with children requires the Employee to be free of the effects of drugs and alcohol and the Employer has a zero tolerance attitude in that regard.

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2.9 HIGHER DUTIES

2.9.1 Employees engaged in duties carrying a higher rate of pay than their ordinary classification for two or more consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that:

(a) the greater part of the time so worked is spent in performing duties carrying the higher rate;

(b) an Employee engaged as an Assistant Coordinator or Responsible Person who is required to undertake the duties of the Coordinator by reason of the Coordinator’s absence will not be entitled to payment under this clause unless the Coordinator’s absence exceeds two full and consecutive working days;

(c) an Employee engaged as a Children’s Services Employee Level 3 who is required to undertake duties of the Coordinator by reason of the Coordinator’s non-attendance outside of core hours will not be entitled to payment under this clause;

(d) where an Employee is appointed to act as the Coordinator or Assistant Coordinator of a service pursuant to the relevant childcare regulations, the Employee will be paid for the entire period at the respective and applicable rates for a Coordinator or Assistant Coordinator; or

(e) an Employee who is required to undertake the duties of another Employee by reason of the latter Employee’s absence for the purpose of attending (with pay) an approved training course (including in-service training) will not be entitled to payment under this clause.

2.9.2 For the purposes of this clause, the duties of an Employee will be determined by reference to the duties in Schedule 1 – Classifications and the Employee’s job description.

2.10 PROBATIONARY PERIOD

All new Employees will be subject to a probationary period of six months.

2.11 DISPUTE RESOLUTION PROCEDURE

2.11.1 If a dispute relates to:

(a) a matter arising under this Agreement;

(b) the NES; or

(c) an industrial matter,

this clause sets out procedures to settle the dispute.

2.11.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause.

2.11.3 In the first instance the parties to the dispute will attempt to informally resolve the dispute by discussions between the Employee or Employees and their immediate supervisor, who will act to resolve the dispute as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor, the Employee/s may bypass this level in the procedure and invoke the process in clause 2.11.4.

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2.11.4 If the grievance or dispute is not resolved under clause 2.11.3, the Employee or the Employee's representative may refer the matter to the next higher level of management for discussions to resolve the dispute. Such discussion should, if possible, take place within two business days after the referral by the Employee or the Employee's representative.

2.11.5 If the dispute is still unresolved after the discussions in clause 2.11.4, the dispute may, in the case of a member of the Union, be reported to the relevant officer of the Union and the senior management of the Employer or the Employer's nominated industrial representative. An Employee who is not a member of the Union may report the dispute to senior management or the Employer’s nominated industrial representative. This should occur as soon as it is evident that discussions under clause 2.11.3 or 2.11.4 will not result in resolution of the dispute.

2.11.6 If, after discussion between the parties, or their nominated representatives, the dispute remains unresolved, a party to the dispute may refer the dispute to the Fair Work Commission.

2.11.7 The Fair Work Commission may deal with the dispute in two stages:

(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

(b) If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:

(i) arbitrate the dispute; and

(ii) make a determination that is binding on the parties.

(Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act.)

(Note: A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.)

2.11.8 Whilst the above procedure is being followed, normal work shall continue except if to do so would cause the Employer or the relevant Employee a reasonable concern about an imminent risk to the work health and safety of any person.

2.11.9 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

2.11.10 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Fair Work Commission with a view to the prompt settlement of the dispute.

2.11.11 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, any party may refer the dispute to the Fair Work Commission to be dealt with under clause 2.11.7.

2.11.12 So as to remove doubt, a reference to a dispute in this clause includes disputes about whether the Employer had reasonable business grounds for refusing a request under the National Employment Standards for flexible working arrangements or an application to extend unpaid

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parental leave.

2.12 TERMINATION OF EMPLOYMENT – STATEMENT OF SERVICE

2.12.1 The Employer will, in the event of termination of employment, provide upon request, to the Employee whose employment has ended, a written statement of service, specifying the period of employment and the classification or type of work performed by the Employee, from time to time during the Employee’s employment. The statement of service will be provided to the Employee within two weeks of the date on which the statement of service was first requested.

2.12.2 TERMINATION OF EMPLOYMENT BY THE EMPLOYER

(a) Subject to the exceptions in clause 2.12.2(e), in order to terminate the employment of a relevant Employee, the Employer will give the following notice:

(b) If an Employee (who is not a Casual Employee) is 45 years or older, and has

completed at least two years’ continuous service with the Employer, the period of notice in clause 2.12.2(a) will increase by one week.

(c) Payment in lieu of notice will be made if the appropriate notice is not given by the Employer provided that employment may be terminated by the Employer giving part of the period of notice specified and paying part-payment in lieu of notice.

(d) In calculating any payment in lieu of notice the ordinary time rate of pay for the Employee concerned will be used.

(e) The period of notice in clauses 2.12.2(a) will not apply:

(i) in the case of dismissal for serious misconduct or other grounds that justify instant dismissal; and

(ii) to Employees engaged for a specific period of time or for a specific task or tasks in accordance with clause 2.6; and

(iii) to Casual Employees.

(f) Payment in lieu of notice must be made if the appropriate notice is not given. The employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

Period of Continuous Service Period of Notice

Employee during the probation period (first six months) or less than one (1) year

1 week

1 year and up to the completion of 3 years 2 weeks

3 years and up to the completion of 5 years 3 weeks

5 years and over 4 weeks

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2.12.3 JOB SEARCH ENTITLEMENT

Where the Employer has given notice of termination to an Employee, an Employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Employee after consultation with the Employer.

2.12.4 SERIOUS MISCONDUCT

(a) In instances of serious misconduct, the Employer may terminate the Employee summarily and in accordance with the Fair Work Act 2009.

(b) Serious misconduct in the workplace includes, but is not limited to:

• stealing, assault or other criminal behaviour;

• driving/controlling a vehicle/equipment with a Blood Alcohol Level greater than zero;

• the Employee being intoxicated or under the influence of drugs at work;

• misuse or wilful neglect of plant and equipment;

• sexual harassment and other offensive or harassing behaviour;

• serious breach of a work health and safety requirement;

• conduct by the Employee that causes imminent and serious risk to:

(i) a person’s health or safety; or

(ii) the reputation, viability or profitability of the Employer’s business;

• wilful or deliberate behaviour by the Employee that is inconsistent with the continuation of the employment contact;

• refusal to carry out a lawful and reasonable instruction that is consistent with Employee’s contract of employment;

• fraud or dishonesty;

• a serious act or omission by the Employee in respect of the Employee’s duties; and

• conviction of any criminal offence where that conviction results in imprisonment or could reasonably be expected to detrimentally affect the Employer’s business and reputation or prevent or inhibit the Employee performing the Employee’s duties.

(c) When the Employer investigates any alleged conduct by the Employee that may give rise to a right by the Employer to terminate this Agreement, the Employer may suspend the Employee on full pay pending the investigation and such suspension will not constitute a breach or repudiation of this Agreement.

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2.13 TERMINATION OF EMPLOYMENT BY THE EMPLOYEE

2.13.1 The notice of termination required to be given by an Employee is the same as that required of the Employer, except that there will be no additional notice based on the age of the Employee concerned.

2.13.2 If an Employee fails to give the required notice under clause 2.13.1 above, the Employer may forfeit and deduct from any amount due to the Employee on termination of employment, an amount equivalent to wages for the period of notice of termination required to be given by the Employee under clause 2.13.1 but not given by the Employee.

2.14 REDUNDANCY

2.14.1 Where the Employer decides that it no longer wishes the job an Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, then termination of the Employee’s employment is governed by this clause.

2.14.2 In addition to the period of notice of termination of employment under clause 2.12.2(a) above, an Employee who is made redundant will be entitled to redundancy pay as follows:

Redundancy pay period

Employee’s period of continuous service with the Employer on termination

Redundancy pay period

Less than 1 year Nil

At least 1 year but less than 2 years 4 weeks

At least 2 years but less than 3 years 6 weeks

At least 3 years but less than 4 years 7 weeks

At least 4 years but less than 5 years 8 weeks

At least 5 years but less than 6 years 10 weeks

At least 6 years but less than 7 years 11 weeks

At least 7 years but less than 8 years 13 weeks

At least 8 years but less than 9 years 14 weeks

At least 9 years 16 weeks

2.14.3 This clause does not apply to:

(a) Employees engaged for a specified period or task; or

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(b) Casual Employees; or

(c) if the Employer becomes a small business Employer within the meaning of the Fair Work Act 2009 during the operation of this Agreement.

2.14.4 TRANSFER TO LOWER PAID DUTIES

Where an Employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the Employee would have been entitled to if the employment had been terminated and the Employer may, at the Employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

2.14.5 EMPLOYEE LEAVING DURING NOTICE PERIOD

An Employee given notice of termination in circumstances of redundancy may terminate his or her employment during the period of notice. The Employee is entitled to receive the benefits and payments he or she would have received under this clause had the Employee remained in employment until the expiry of the notice period, but is not entitled to payment in lieu of notice.

2.14.6 JOB SEARCH ENTITLEMENT

(a) An Employee given notice of termination because of redundancy must be allowed one day’s time off for the first week of the notice period and four hour’s time off for every subsequent week of the notice period without loss of pay during the notice period for the purpose of seeking other employment.

(b) If the Employee has been allowed paid leave under clause 2.14.6(a) above, the Employee must, at the request of the Employer, produce proof of attendance at an interview or the Employee will not be entitled to payment for the time absent. For this purpose a statutory declaration of the Employee will be sufficient.

2.15 ABANDONMENT OF EMPLOYMENT

2.15.1 Where the Employee fails to attend work and the Employee does not notify the Employer of the non-attendance, the Employer will attempt to contact the Employee:

(a) each working day for three days from and including the first day of the Employee’s absence from work; and

(b) by contacting the Employee using:

(i) the Employee’s telephone number last known to the Employer;

(ii) the Employee’s email address last known to the Employer; and

(iii) contacting the next of kin (if any) notified by the Employee to the Employer.

2.15.2 If the Employer is unable to make contact with the Employee and the Employee’s absence continues, then after three working days (including the first date of the Employee’s absence) the Employee will be deemed to have abandoned the Employee’s employment.

2.15.3 After abandonment of the Employee’s employment, the Employer will pay the Employee’s final pay directly into the nominated bank account of the Employee.

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2.16 SKILL DEVELOPMENT COURSES

2.16.1 Where an Employee attends a course or conference relevant to his or her employment and with the Employers approval, the Employer will:

(a) pay the cost of the course or conference;

(b) provide transport to the course or conference or pay the allowance specified in clause 3.2.2 to the Employee for travel to and from the conference; and

(c) pay all other expenses associated with attending the course or conference, including accommodation expenses.

2.16.2 Time spent travelling to and attending courses/conferences outside of ordinary working hours is unpaid time.

2.16.3 Where an Employee attends a course or conference relevant to his or her employment during ordinary working hours, the Employee will not suffer any loss of pay.

2.16.4 The Employer is not to unreasonably withhold permission for an Employee to attend a course/conference either during or outside ordinary working hours.

2.16.5 All courses and conferences are subject to the Employer’s approval and budget restraints.

2.17 STAND DOWN PROVISIONS/FORCED CLOSURE

2.17.1 The Employer may stand down any Employee without pay for any period in which the Employee cannot be usefully Employed because of:

(a) any industrial action;

(b) a breakdown of machinery or equipment, if the Employer cannot reasonably be held responsible for the breakdown;

(c) any stoppage of work for any cause for which the Employer cannot reasonably be held responsible; or

(d) where any mandatory registration; qualification or suitability notice (including a positive suitability notice under the Working With Children (Risk Management and Screening) Act 2000) lapses or is suspended or cancelled so that the Employee cannot lawfully undertake his or her duties.

2.17.2 The Employer may, instead of a stand down, redeploy the Employee to other locations to perform work as directed by the Employer.

2.17.3 A stand down does not break the continuity of employment of the Employee for the purpose of any entitlements.

2.17.4 The Employee may access their annual leave during any stand down or forced closure under clause 2.17.1.

2.18 PAYMENT OF REMUNERATION

2.18.1 An Employee will be paid fortnightly by electronic funds transfer to an account held by and/or nominated by the Employee.

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2.19 EMPLOYER’S POLICIES

2.19.1 The Employee must be familiar and comply with the policies of the Employer as varied from time to time.

2.19.2 The Employer’s policies do not give an Employee a contractual right or entitlement to enforce the policies against the Employer.

2.19.3 The Employer will ensure the Employee is made aware of any new policies or significant changes to existing policies and will provide training as reasonably required to ensure the Employee understands the new or changing policy. The Employee is required to perform and observe any such new or changed policies.

2.19.4 A failure by the Employee to comply with the Employer’s policies may result in disciplinary action, including termination of employment.

2.20 SCOPE OF AUTHORITY

2.20.1 The Employee will strictly adhere to any delegations or authority as outlined in the Employers policies with respect to operations, expenditure and contracting with third parties.

2.20.2 Should the Employee enter into any dealings or contract on behalf of the Employer or incur a liability to a third party which exceeds the Employee’s authority, then the Employee will indemnify and keep indemnified the Employer against any claim, liability, loss, damage, debt, interest or cost sustained by the Employer as a result of the Employee entering into the unauthorised contract or dealing.

2.21 PROPERTY OF THE EMPLOYER

2.21.1 The Employer may supply Property to the Employee to assist the Employee to carry out his or her duties. At all times the Property supplied by the Employer to the Employee remains the property of the Employer.

2.21.2 The Employee must take reasonable care of the Property and if requested by the Employer, must return the Property to the Employer in good condition, fair wear and tear excepted.

2.21.3 Immediately on termination of the employment, the Employee must return all of the Property in the Employee’s possession or control to the Employer.

2.21.4 All Property referred to in clause 2.21.3 is Property that has been recorded as received by the Employee and signed for by the Employee. Where uniforms (without the Employer’s logo) have been supplied by the Employer, then only uniforms that have been supplied within the last 12 months from termination date must be returned to the Employer. All uniforms with the Employer’s logo must be returned to the Employer on termination of employment.

2.21.5 If requested by the Employer, the Employee will certify by statutory declaration that all items of Property have been returned to the Employer.

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PART 3 – CLASSIFICATIONS, REMUNERATION, SUPERANNUATION AND DEFINITIONS

3.1 WAGES AND WAGE RELATED MATTERS

3.1.1 Wage rates

(a) The minimum rates of pay for Employees are in Schedule 2 (Wages) of this Agreement.

(b) The classification level definitions are contained in Schedule 1.

3.1.2 Juniors

(a) Junior Employees employed as Children’s Services Employees levels 3, 4 and 5 as set out in the Children’s Services Award 2010 must be paid at the appropriate adult rate.

(b) Junior Employees employed as Children’s Services Employees levels 1 or 2 as set out in the Children’s Services Award 2010 will be paid no less than the following percentages of the corresponding Children’s Services Employee level 2 rate:

Age Percentage of Adult Rate

Under 17 years 70

Under 18 years 80

Under 19 years 90

Under 20 years 100

3.1.3 Wage Progression

(a) Full-time Employees will progress from one pay level to the next pay level within their classification based on 12 months’ service in their current level.

(b) Part-time Employees and casual Employees will progress to the next pay level in accordance with clauses 2.3.8 and 2.4.4.

3.1.4 Wage Guarantee

(a) The minimum rates of pay are as set out in Schedule 2.

(b) As at the date of this Agreement, the rates of pay exceed those in the Award by the percentages indicated in Schedule 2.

(c) The Employer will ensure that the base rates of pay applicable to Employees will at all times during the operation of this Agreement exceed by one percent above the rates of pay in the Award, except for CSE level 7 & 8 (Coordinators) which will exceed by three percent above the rates of pay in the Award.

3.2 ALLOWANCES

3.2.1 Broken shift allowance

Where the Employee works two separate shifts in a day where the break is longer than two hours, the Employee will be paid the prevailing broken shift allowance under the Award from time to time for each day on which a broken shift is worked.

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3.2.2 Use of Vehicle allowance

(a) Where the Employer requests an Employee to use their own motor vehicle in the performance of their duties the Employee will be paid the prevailing allowance for use of a vehicle under the Award from time to time.

(a) Clause 3.2.2 (a) does not apply where by the Employee is using their own motor vehicle in the performance of their duties that are performed on their usual journey to or from their normal work location.

3.2.3 First Aid allowance

(a) Where a Children’s Services Employee classified below Level 3 is required by the Employer to administer first aid to children in the Employee’s care and the Employee holds a current first aid qualification that is approved by the Australian Children’s Education and Care Quality Authority, the Employee will be paid the prevailing first aid allowance under the Award from time to time.

(b) A first aid officer need not be appointed where a qualified nurse is on the Employer’s premises at all times.

(c) Where an Employee is required by an Employer to act as a first aid officer and the Employee does not have current qualifications, the Employer must pay the cost of any required training.

(d) Where a permanent full-time or part-time Employee obtains a first aid qualification that is approved by the Australian Children’s Education and Care Quality Authority during the course of their Employment, the Employer will reimburse the Employee 50% of the course cost.

3.2.4 Meal allowance

(a) An Employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work, will either be supplied with a meal by the Employer or paid a meal allowance at the prevailing rate specified by the Award from time to time. No meal allowance is payable where an Employee could reasonably return home for a meal within the period allowed.

3.2.5 Clothing and equipment allowance

(a) Where the Employer requires an Employee to wear any special clothing or articles of clothing the Employer must reimburse the Employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the Employer pays for the clothing required to be worn by the Employee.

(b) Where an Employee is required to wear protective clothing or equipment such as goggles, aprons or gloves, the Employer will either supply such clothing or equipment or reimburse the Employee for the cost of their purchase.

3.2.6 Excess fares allowance

(a) Where an Employee is directed to work away from their normal place of work on any day the Employee will be paid the prevailing excess fares allowance under the Award from time to time to compensate for excess fares. This provision does not

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apply if the employer provides or offers to provide suitable transport free of charge to the employee.

3.3 SUPERANNUATION

3.3.1 The rights and obligations in these clauses supplement those in superannuation legislation.

3.3.2 Employees must nominate a compliant superannuation fund into which the Employer will pay Superannuation Guarantee Contributions on behalf of the Employee.

3.3.3 The Employer will make such superannuation contributions to a superannuation fund for the benefit of an Employee as will avoid the Employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employee.

3.3.4 Subject to the governing rules of the Employee’s nominated superannuation fund, an Employee may, in writing, authorise the Employer to pay on behalf of the Employee additional superannuation contributions using one of the options chosen by the Employee as follows:

(a) a superannuation Employer option of 10.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 3% as the minimum Employee contribution; and

(b) a superannuation Employer contribution of 11.75% inclusive of Superannuation Guarantee Contribution, with a co-payment of 4% as the minimum Employee contribution; and

(c) a superannuation Employer contribution of 12.75% inclusive of Superannuation Guarantee Contribution, with co-payment of 5% as the minimum Employee contribution.

3.3.5 An Employee’s voluntary superannuation co-payment may be before tax in accordance with the salary packaging provisions.

3.3.6 Where an Employee salary sacrifices part of his or her income to an approved and designated superannuation fund, the Employer will transfer such salary sacrificed contributions to the designated superannuation fund of each Employee no later than 28 days after the end of the month to which the salary sacrifice contribution relates.

3.3.7 Subject to the governing rules of the relevant superannuation fund, the Employer must also make the superannuation contributions provided for in clause 3.3.3 and pay the amount authorised under clause 3.3.4:

(i) paid leave—while the Employee is on any paid leave;

(ii) work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the Employee due to work-related injury or work-related illness provided that:

a. the Employee is receiving workers’ compensation payments or is receiving regular payments directly from the Employer in accordance with the statutory requirements; and

b. the Employee remains employed by the Employer.

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3.4 SALARY PACKAGING

The Employer agrees to the implementation of salary packaging for all Employees except for Casual Employees and only after successful completion of the Employee’s six-month probation. Administrative guidelines will be made available to all eligible Employees.

PART 4 – HOURS OF WORK AND RELATED MATTERS

4.1 ORDINARY HOURS OF WORK

4.1.1 The ordinary working hours of work of full-time Employees will be an average of 38 per week over a one, two or four week cycle.

4.1.2 Ordinary hours will be worked in periods not exceeding:

(a) ten hours for full-time Employees; and

(b) eight hours for part-time Employees,

in unbroken periods except for meal breaks, between 6.00 am and 6.30 pm, Monday to Friday.

4.1.3 Except for clause 4.7 (Payment for Staff Meetings), an Employee other than a full-time Employee will be engaged for a minimum period of two hours per day in any one period.

4.1.4 By agreement between the Employer and the Employee, the Employee may be rostered to work up to a maximum of ten hours in any one day.

4.1.5 Ordinary hours may be worked between 6.00 am and 6.30 pm. Where broken shifts are worked, the spread of hours can be no greater than 12 hours per day.

4.1.6 An Employee responsible for the preparation, implementation and/or evaluation of a development programme for an individual child or group of children will be entitled to a minimum of two hours each week, during which the Employee will not be required to supervise children or perform other duties directed by the Employer. The Employee will use that non-contact time for the purposes of planning, preparing, evaluating and programming activities. Wherever possible, non-contact time will be rostered in advance by the Employer.

4.1.7 Where it is necessary for the Employee to attend court on behalf of the Employer or the Employer’s clients in connection with any matter arising out of or in connection with the Employee’s employment, the time taken will count as time worked.

4.2 OVERTIME

4.2.1 Except as hereinafter provided, all time required to be worked outside or in excess of the ordinary hours of work prescribed by this Agreement will be deemed to be overtime and will be paid at the rate of time and a half for the first two hours and double time thereafter.

4.2.2 In calculating overtime, each day’s work will stand alone.

4.2.3 Overtime on a Saturday will be paid at the rate of time and a half for the first two hours and double time thereafter.

4.2.4 All overtime worked on a Sunday will be paid for at the rate of double time.

4.2.5 All overtime worked on a Saturday or Sunday will be paid with a minimum payment for four

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hours' work.

4.2.6 An Employee recalled from home to work overtime, after having left the premises of the Employer, will be paid a minimum of two hours at overtime rates.

4.2.7 In the computation of overtime payments, any part of a quarter of an hour worked on any one day will count as a full quarter-hour worked.

4.2.8 Overtime will not be worked unless the Employee has prior approval from his or her supervisor/manager.

4.3 ROSTERS

4.3.1 An Employer will post a legible roster at a place readily accessible to Employees indicating the rostered hours of work.

4.3.2 The Employer will provide seven days’ notice of any change of roster to the Employees, except in the case of Casual Employees where 24 hours’ notice will be provided.

4.3.3 The Employer will not be obliged to provide the periods of notice in clause 4.3.2, where there is an emergency outside the Employer’s control and that emergency causes the Employer to make the change in the roster.

4.3.4 For the purpose of clause 4.3.3, emergency means: any situation or event that poses an imminent or severe risk to persons at the Employer’s premises or a situation that requires those premises to be locked down. For clarity, when an Employee is required to stay beyond their rostered hours because a parent or carer fails to arrive on time to collect a child, this will not constitute an emergency for the purpose of this clause.

4.4 MEAL BREAKS

4.4.1 An Employee will not be required to work in excess of five hours without an unpaid meal break of not less than 30 minutes and not more than one hour.

4.4.2 An Employee who is engaged for not more than six hours continuously per shift may elect to forego a meal break.

4.4.3 Notwithstanding clause 4.4.1, where an Employee is required to remain on the Employer’s premises or at an excursion premises, the Employee will be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. This paid meal break is to be counted as time worked. By agreement with the Employer an Employee may leave the premises during the meal break, however, such time away from the premises will not be counted as time worked and nor will any payment be made for such time.

4.4.4 A meal break must be uninterrupted. Where there is an interruption to the meal break and this is occasioned by the Employer, overtime will be paid until an uninterrupted break is taken. The minimum overtime payment will be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes.

4.5 REST PAUSES

4.5.1 An Employee who works a minimum of four consecutive ordinary hours, but less than seven consecutive ordinary hours, will be entitled to a paid rest pause of ten minutes’ duration.

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4.5.2 Employees who work a minimum of seven consecutive ordinary hours will be entitled to a paid rest pause of ten minutes' duration in the first half and the second half of the period worked.

4.5.3 Rest pauses will be taken at times to suit the Employer and where both parties agree the rest pauses may be combined so that the Employee has one rest pause of 20 minutes' duration each day.

4.6 BREAKS BETWEEN WORK PERIODS

4.6.1 All Employees will be entitled to a ten hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime.

4.6.2 Where an Employee recommences work without having had ten hours off work the Employee will be paid at overtime rates until such times as they are released from duty for a period of ten consecutive hours without loss of pay for ordinary time hours occurring during the period of such absence.

4.6.3 By agreement between the Employer and an Employee, the period of ten hours may be reduced to not less than eight hours.

START AND FINISH TIMES

4.6.4 Employers and Employees will strictly adhere to start and finish times.

4.7 PAYMENT FOR STAFF MEETINGS

4.7.1 All Employees are required to attend staff meetings of up to two hours outside the Employer’s normal OSHC Facility operation hours and/or the Employee’s usual start or finish times.

4.7.2 Where the Employer requires an Employee to attend a staff meeting outside the Employer’s normal OSHC Facility hours, or the Employee’s usual start or finish times, the Employer will pay the Employee at the ordinary rate of pay for time the Employee attends the staff meeting. For clarity, the minimum engagement periods in clauses 2.3.4, 2.4.3 and 4.1.2 do not apply to staff meetings.

4.7.3 For clarity, overtime is not payable by the Employer to Employees attending staff meetings. The rates of pay in Schedule 2 are intended to cover and absorb any obligation by the Employer to pay overtime in respect of an Employee’s attendance at a staff meeting.

4.7.4 In clause 4.7, "staff meeting" includes, but is not limited to, staff meetings, meetings to discuss accreditation requirements, meetings with parents and meetings where training is delivered.

4.8 ACCRUED ROSTERED DAYS OFF (COORDINATORS)

4.8.1 Coordinators who are engaged as full-time Employees may take up to ten RDOs in each calendar year in accordance with this clause.

4.8.2 A Coordinator may work two extra work hours per week resulting in an entitlement to take a paid RDO in each four-week cycle, provided the Employee has accrued an additional two hours’ worked per week for four weeks.

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4.8.3 A Coordinator must work the additional two hours in each week:

(a) as one continuous block; or

(b) in a minimum of two one-hour blocks,

to ensure productivity in the OSHC Facility, while ensuring that no more than ten hours are worked in a single day.

4.8.4 The additional two hours per week may only be worked during term-time.

4.8.5 Coordinators are not entitled to and will not take RDOs during Vacation Care in the OSHC Facility.

4.8.6 The Employer and the Employee will consult about the timing for the Employee taking an RDO in each four-week cycle.

4.8.7 The relevant four-week cycles will be determined by the Employer and a calendar will be given to a participating Coordinator prior to the start of a new calendar year showing the four-week cycles and the rostered RDO fixed as a result of the consultation in clause 4.8.6 above.

4.8.8 If a Coordinator is required to work on his or her RDO as fixed by the calendar, then the Employer and the Coordinator will agree that another work day will be taken in lieu as a RDO within the 4-week cycle.

4.8.9 A Coordinator is not entitled to personal leave in respect of any illness or injury while taking a RDO.

4.8.10 On termination of employment, a Coordinator is entitled to be paid (as ordinary hours) any hours accrued in respect of RDOs, when an RDO has not been taken in respect of those hours.

4.8.11 Any dispute or difference in relation to the operation of this clause will be dealt with in accordance with clause 2.11 (Dispute Resolution Procedure).

PART 5 – LEAVE AND PUBLIC HOLIDAYS

5.1 ANNUAL LEAVE

5.1.1 All full-time Employees will be entitled to four weeks’ paid annual leave.

5.1.2 Part-time Employees will be entitled to pro rata annual leave based upon the average number of hours worked per week.

5.1.3 Term-time Employees will be entitled to paid annual leave on a pro rata basis based on the average hours worked during term-time when the term-time Employee is engaged to work.

5.1.4 Casual Employees do not have an entitlement to paid annual leave.

5.1.5 Unless the Employer otherwise agrees, the Employee will give the Employer at least 28 days' notice of the date from which annual leave will be taken.

5.2 REQUIREMENT TO TAKE ANNUAL LEAVE

5.2.1 The Employer may require an Employee to take annual leave by giving at least four weeks’

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notice in the following circumstances:

(a) as part of a close-down of its operations; or

(b) where more than eight weeks’ annual leave is accrued.

5.2.2 The Employer will shut down the OSHC Facilities over the Christmas Vacation.

5.2.3 The days during which the shutdown will take effect over the Christmas Vacation will be notified by the Employer in writing to Employees four weeks before the first day of the shut down.

5.2.4 Employees must take annual leave during the Christmas Vacation shutdown (on days that are not public holidays), if the Employee’s accrual of annual leave is at least eight weeks.

5.2.5 If the Employee’s accrual of annual leave is less than eight weeks, the Employee may take annual leave during the Christmas Vacation and/or leave without pay.

5.2.6 An Employee with an insufficient accrual of annual leave or no annual leave to cover the shutdown during the Christmas Vacation may take leave without pay.

5.3 ANNUAL LEAVE LOADING

5.3.1 In addition to ordinary pay, an Employee will paid an annual leave loading of 17.5% of the Employee’s ordinary rate of pay.

5.4 CASHING OUT OF ANNUAL LEAVE BY MUTUAL AGREEMENT

5.4.1 Paid annual leave must not be cashed out except in accordance with an agreement under clause 5.4.

5.4.2 Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 5.4.

5.4.3 An Employer and an Employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the Employee.

5.4.4 An agreement under clause 5.4 must state:

(a) the amount of leave to be cashed out and the payment to be made to the Employee for it; and

(b) the date on which the payment is to be made.

5.4.5 An agreement under clause 5.4 must be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.

5.4.6 The payment must not be less than the amount that would have been payable had the Employee taken the leave at the time the payment is made.

5.4.7 An agreement must not result in the Employee’s remaining accrued entitlement to paid annual leave being less than four weeks.

5.4.8 The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is two weeks.

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5.4.9 The Employer must keep a copy of any agreement under clause 5.4 as an Employee record.

5.5 ANNUAL LEAVE IN ADVANCE

5.5.1 The Employer and the Employee may agree in writing to the Employee taking a period of paid annual leave before the Employee has accrued an entitlement to the leave.

5.5.2 An agreement to take annual leave in advance must:

(a) state the amount of leave to be taken in advance and the date on which leave is to commence;

(b) be signed by the Employer and the Employee and, if the Employee is under 18 years-of-age, by the Employee’s parent or guardian.

5.5.3 The Employer must keep a copy of the agreement to take annual leave in advance as an Employee record.

5.5.4 If, on termination of the Employee’s employment, the Employee has not accrued an entitlement to all of a period of paid annual leave taken in advance in accordance with the agreement under clause 5.5.2, the Employer may deduct from any money due to the Employee on termination, an amount equal to the amount that was paid to the Employee in respect of any part of the period of annual leave taken in advance, to which an entitlement had not been accrued.

5.6 PERSONAL LEAVE

5.6.1 All Employees (other than Casual Employees) are eligible for paid personal and paid carer’s leave.

5.6.2 All Employees, including Casual Employees are eligible for unpaid carer’s leave

5.6.3 Paid personal leave can be taken when an eligible Employee suffers a personal illness or injury.

5.6.4 Paid carer’s leave can be taken when an eligible Employee is required to provide care or support, to a member of the Employee’s immediate family or a member of the Employee’s household, who is related to or dependent upon the Employee, requires care or support, as they are sick or injured or have an unexpected emergency.

5.6.5 A full-time Employee is entitled to personal leave which includes both personal and carer’s leave of 76 hours paid leave per year. In the case of part-time Employees, personal leave entitlement is pro rata.

5.6.6 A term-time Employee is entitled to personal leave on a pro rata basis based on time worked during term-time when the term-time Employee is engaged to work.

5.6.7 Accruals for paid personal leave are cumulative.

5.6.8 Employee must give notice

The payment of personal leave is subject to the Employee promptly advising the Employer of the Employee's absence and its expected duration.

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5.6.9 Evidence supporting a claim

When the Employee's absence is for more than two consecutive days or the Employee is absent either side of the weekend or public holiday, the Employer may request the Employee to give the Employer a certificate from a qualified medical practitioner, or other reasonably acceptable evidence to the Employer's satisfaction to the effect that the Employee was unfit for duty because of illness or injury for the duration of the Employee’s absence.

5.6.10 Single day absences

Where the Employee is absent for more than three single occasions in any one year of service, the Employer may request the Employee to provide to the Employer (immediately upon return to work) a certificate from a qualified medical practitioner to the effect that the Employee was unfit for duty because of illness or injury for the duration of the Employee’s absence.

5.6.11 Personal leave is not paid out on termination of employment.

5.7 UNPAID CARER’S LEAVE

5.7.1 Unpaid Carer’s leave is provided for in the NES.

5.8 PUBLIC HOLIDAYS

5.8.1 An Employee (who is not a Casual Employee) is not required to work on a public holiday and will be paid for the Employee’s ordinary hours of work if the public holiday falls on a day the Employee would normally work. Public holidays include the following:

New Year’s Day

Australia Day

Good Friday

Easter Saturday

Easter Sunday

Easter Monday

Anzac Day

Labour Day

Queen’s Birthday

The day gazetted for the local show in the location in which the OSHC Facility is located

Christmas Day

Boxing Day or

Page 31 of 44.

any day appointed under the Holidays Act 1983 (Queensland), to be kept in place of any such holiday.

5.8.2 An Employee who works on a public holiday will be paid at the rate of double time and a half with a minimum of four hours.

5.9 PAID MATERNITY LEAVE OR ADOPTION LEAVE

5.9.1 Parental leave is provided for in the National Employment Standards. This clause contains additional provisions.

5.9.2 Full-time and part-time female Employees will be entitled 14 weeks’ paid maternity leave after twelve months’ continuous service or, if they are the primary care giver for an adopted child, 14 weeks paid adoption leave.

5.9.3 All male Employees who are full-time or part-time will be entitled to 14 weeks’ paid adoption leave after twelve months’ continuous service where that Employee will be the primary care giver for an adopted child.

5.9.4 Paid maternity leave or adoption leave will be effective from the date of commencement of parental leave and forms part of the 52 weeks parental leave entitlement.

5.9.5 Any paid parental leave scheme administered by the Australian Government does not reduce the provisions of this clause.

5.9.6 Fixed-term Employees who are eligible for paid maternity leave or adoption leave will be entitled to either 14 weeks’ paid maternity leave or adoption leave and, in the case where the remainder of a fixed-term employment contract is less than 14 weeks, payment until the expiration of the contract.

5.9.7 Where the contract period of an eligible fixed-term Employee ends during the period of paid maternity leave or adoption leave, that Employee will not be entitled to have the contract period extended, nor will the Employee be guaranteed a position to return to following the completion of parental leave.

5.9.8 Paid maternity leave or adoption leave will be paid fortnightly as part of the Employer’s fortnightly pay run.

5.9.9 The Employee will receive payment based on their normal average weekly earnings for the six weeks immediately preceding the date on which the Employee takes leave.

5.9.10 The period of paid maternity leave or adoption leave will be inclusive of public holidays that may fall within the period.

5.9.11 Where a female Employee who is already on parental leave becomes pregnant and is otherwise eligible to receive paid maternity leave, she will be entitled to subsequent period(s) of paid maternity leave without any requirement to first return to work. In such circumstances, the Employee must still comply with the existing notification procedures when applying for the subsequent period of parental leave. The subsequent period of paid maternity leave is deemed to commence on the subsequent date of confinement or the end date of the prior period of parental leave, whichever is the sooner.

5.9.12 The Employee will notify of his or her intention to return to work at least four weeks prior to the expiration of the parental leave.

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5.9.13 The Employer will not continue to provide paid parental leave for Employees who have ceased employment, or returned to work early.

5.9.14 Where an Employee is entitled to paid maternity or adoption leave they may elect to access their entitlement at half pay. In such circumstances the Employee will be entitled to double the period of parental leave or adoption leave which would otherwise be applicable.

5.10 AVAILABILITY OF PERSONAL LEAVE DURING PAID MATERNITY LEAVE

Paid sick leave or other paid authorised absences (excluding annual leave or long service leave) will not be available to an Employee during the Employee’s absence on paid maternity leave.

5.11 COMMUNITY SERVICE LEAVE

Community service leave is provided for in the NES.

5.12 COMPASSIONATE LEAVE

Compassionate leave will be as provided for in the NES, except that:

(a) Employees (who are not casual Employees) will have three days’ paid compassionate leave;

(b) Casual Employees will have three days’ unpaid compassionate leave,

for each occasion provided for in the NES.

5.13 LONG SERVICE LEAVE

5.13.1 Except as stated in this clause, the conditions applying to long service leave under this Agreement are in accordance with the Industrial Relations Act 1999 (Qld).

5.13.2 An Employee is entitled to 13 weeks long service leave for each completed ten years of continuous service with the Employer.

5.13.3 Employees are entitled to take accrued long service leave after completing seven years of continuous service.

5.13.4 An Employee is entitled to take further long service leave accrued after seven years’ continuous service, where the Employee has an entitlement of at least four weeks’ accrued long service leave.

5.13.5 The minimum period of long service leave that may be taken by an Employee is normally four weeks, but in exceptional circumstances, a period of less than four weeks may be approved by the Employer.

5.13.6 The timing for taking long service leave will be agreed between the Employer and the Employee. If agreement cannot be reached, the Employer may on three months’ written notice require the Employee to take at least four weeks’ accrued long service leave.

5.13.7 An Employee who is entitled to take long service leave may cash out up to four weeks of the Employee’s accrued long service leave.

5.13.8 An Employee who has completed at least seven years of continuous service is entitled to a proportionate payment for long service leave on termination of employment.

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5.14 DOMESTIC VIOLENCE LEAVE

5.14.1 An Employee experiencing domestic violence will have access to five days per year of paid leave for:

(a) attending medical or counselling appointments;

(b) attending to legal proceedings;

(c) organising alternative care for family members or educational arrangements for children;

(d) sourcing alternative accommodation; and

(e) other activities related to domestic violence.

5.14.2 Domestic violence leave is not cumulative from year-to-year, but is in addition to existing leave entitlements.

5.14.3 Domestic violence leave may be taken as consecutive or single days or as a fraction of a day.

5.14.4 An Employee may access other leave entitlements to deal with incidents and the effects of domestic violence without the usual notice requirements.

5.14.5 It will not be necessary for an Employee to have exhausted other forms of paid leave before accessing domestic violence leave.

5.14.6 An Employee who supports a person experiencing domestic violence may take carer’s leave to assist that person with activities related to domestic violence or to care for children of the person to allow the person to undertake activities related to domestic violence. The provisions of this clause only apply where the Employee supports a person who is a member of the Employee’s immediate family or household.

5.15 EMERGENCY AND NATURAL DISASTER LEAVE

5.15.1 An Employee who is prevented from attending the Employee’s workplace because of flood, cyclone, severe storm, bushfire (or any other natural disaster or an emergency) is entitled to a maximum of five days’ paid leave per calendar year when the Employee:

(a) has experienced extreme loss or trauma;

(b) must, of necessity, remain at home to safeguard the Employee’s family or property;

(c) must remain at home to have temporary repairs effected, restore or replace essential belongings or complete necessary clean up for safety or to make habitable the Employee’s residence;

(d) must remain at home because transport services and facilities are disrupted or discontinued because of the natural disaster or emergency;

(e) is away from the Employee’s usual residence and is unavoidably delayed in returning to the Employer’s workplace because of disruption to transport services and facilities; and

(f) is required to return home before the Employer’s usual finish time to protect the personal safety of the Employee’s family and property or because the availability of

Page 34 of 44.

transport services and facilities may be disrupted or discontinued because of natural disaster or emergency.

5.15.2 The employing authority may consider additional paid leave in exceptional circumstances or where an Employee is affected by more than one disaster or emergency in any year.

PART 6 - MISCELLANEOUS

6.1 WORK HEALTH AND SAFETY

6.1.1 The Employer and its Employees have a shared responsibility to take all reasonable steps to provide a safe and healthy workplace.

6.1.2 The Parties:

(a) agree that the health and safety of all Employees, children, parents, contractors and visitors is of primary concern to the Employer; and

(b) commit to the promotion of the health, safety and welfare of all Employees, children, parents, contractors and visitors.

6.1.3 The Employer, its managers and supervisors are responsible for the enforcement of work health and safety laws including the Employer’s safety policies and framework.

6.1.4 Managers and supervisors also have an obligation and responsibility to manage the risk of workplace bullying and harassment.

6.1.5 Employees are also responsible for work health and safety and must:

(c) take reasonable care for their own health and safety;

(d) take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons;

(e) comply, so far as they are reasonably able, with any reasonable instruction that is given by the Employer; and

(f) cooperate with any reasonable policy or procedure of the Employer relating to health and safety in the workplace that has been notified to the Employee.

6.2 SUITABILITY NOTICE (WORKING WITH CHILDREN)

6.2.1 It is a condition of employment, and a legislative requirement, that all Employees hold and maintain a current blue card and positive notice; and immediately advise the Employer should they cease to hold a blue card and positive notice.

6.2.2 Should an Employee cease to hold a current blue card and positive notice at any stage during the employment, his or her employment may be immediately terminated by the Employer.

6.2.3 If during the operation of this Agreement, there is legislative change introducing mandatory requirements for working with children that apply to the Employer’s OSHC Facilities, then the Employee must acquire and maintain current any such mandatory qualifications for working with children in the Employer’s OSHC Facilities.

6.2.4 Each Employee is responsible for the cost of acquiring and maintaining a blue card and positive notice.

Page 35 of 44.

6.3 QUALITY

6.3.1 The National Quality Framework guides the operations of the Approved Provider. The Employees agree to actively and cooperatively participate in implementing the National Quality Framework and Standards which incorporates the Quality Rating System.

Employee Representative - Approved by and onbehalf of the Employees Ithis Employee hasbeen duly elected to sign this Agreement onbehalf of the Employees:

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Page 37 of 44.

Page 38 of 44.

SCHEDULE 1 – CLASSIFICATIONS

Note: For clarity, the classifications below do not include trainee employees because this Agreement does not cover trainee employees in any OSHC Facility.

1. Children Services Employees (CSE)

(a) Children's Services Employee – Unqualified (Level 1) means an Employee who has no formal qualifications but is able to perform work within the scope of this level. The Employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The Employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally an Employee at this level will not be left alone with a group of children.

(i) Indicative duties

Learning and implementing the policies, procedures and routines of the service.

Learning how to establish relationships and interact with children.

Learning the basic skills required to work in this environment with children.

Giving each child individual attention and comfort as required.

Basic duties including food preparation, cleaning and gardening

Routine communication with parents to the level of the Employee's competence.

Develop awareness of and assist in maintenance of the health and safety of the children in care.

Other activities not involving direct supervision of children.

(b) Children's Services Employee – Unqualified (Level 2) means an Employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the Employer has sufficient knowledge and experience to perform the work within the scope of this level. An Employee at this level has limited knowledge and experience in children’s services and is expected to take limited responsibility for their own work.

(i) Indicative duties

Assist in the implementation of the children’s programme under supervision.

Assist in the implementation of daily care routines.

Develop awareness of and assist in maintenance of the health and safety of the children in care.

Give each child individual attention and comfort as required.

Page 39 of 44.

Understand and work according to the service’s policies and procedures.

Demonstrate knowledge of hygienic handling of food and equipment

Routine communication with parents to the level of the Employee's competence.

Other activities not involving direct supervision of children.

(c) Children’s Services Employee – Qualified (Level 3) means an Employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this Employee will possess, in the opinion of the Employer, sufficient knowledge or experience to perform the duties at this level. An Employee appointed at this level will also undertake the same duties and perform the same tasks as a CSE Level 2.

(i) Indicative duties

Assist in the direction of untrained staff.

Assist in the development, implementation and evaluation of daily routines.

Ensure a safe environment is provided for the children.

Ensure the Service's policies are adhered to.

Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups.

Record observations of individual children or groups for programme planning purposes for qualified staff.

Under direction, work with individual children with particular needs.

Undertake and implement the requirements of quality assurance.

Work in accordance with food safety regulations.

Other activities not involving direct supervision of children.

(d) Children's Services Employee - Diploma Qualified (Level 4) means an Employee at Level 3 who has completed an AQF Diploma in Children’s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work.

(e) Assistant Coordinator – Unqualified (Level 5) means an Employee who has not obtained the qualifications required for a Level 6 Employee who performs the same duties as a Level 6 Employee.

(f) Assistant Coordinator - Qualified (Level 6) means an Employee who has completed a Diploma in Children’s Services or equivalent (e.g. Certificate IV in Out of School Hours Care) and assists the Coordinator of a stand alone outside school hours care and/ or a

Page 40 of 44.

vacation care centre. An Employee at this level will also take on the same duties and perform the same tasks as a CSE Qualified Level 3.

(i) Indicative duties

Responsible, in consultation with the Coordinator for the preparation, implementation and evaluation of a developmentally appropriate programme for individual children or groups.

Responsible for ensuring a safe environment is maintained for both staff and children.

Responsible for ensuring that records are maintained accurately for each child in their care.

Develop, implement and evaluate daily care routines.

Ensure that the service’s policies and procedures are adhered to.

Liaise with families.

Other activities not involving direct supervision of children.

(g) Coordinator – Unqualified (Level 7) means an Employee who has not obtained the qualifications required for a Level 8 Employee, who coordinates and manages a stand-alone outside school hours care and/or vacation care centre and who performs the duties as a Level 8 Employee.

(h) Coordinator – Qualified (Level 8) who coordinates and manages a stand-alone outside school hours care and/or vacation care centre and has successfully completed a post-secondary course of at least two years in Early Childhood Studies or an equivalent qualification.

(i) A Coordinator appointed to co-ordinate the activities of a service licensed to accommodate up to 59 children will be paid at the salary range Level 8.1 to 8.3.

(ii) A Coordinator appointed to co-ordinate the activities of a service licensed to accommodate 60 to 119 children will be paid at the salary range Level 8.4 to 8.6.

(iii) A Coordinator appointed to co-ordinate the activities of a service licensed to accommodate 120 or more children will be paid at the salary range Level 8.7 to 8.9.

(iv) Indicative duties

Responsible for the overall management and administration of the service.

Develop and/or oversee programs and ensure they offer a balance of flexibility, variety, safety and fun.

Supervise the implementation of programs, activities and staff and ensure each staff member is fulfilling their relevant duties and responsibilities.

Page 41 of 44.

Administer first aid when appropriate and ensure that injured children receive appropriate medical attention.

Work positively with parents and management.

Understand and work in accordance with the Service's policies.

Recruit staff in accordance with relevant regulations.

Maintain day-to-day accounts and handle all administrative matters.

Provide professional leadership and development to staff.

Ensure that the service adheres to all relevant regulations and statutory requirements.

Ensure that the service meets or exceeds quality assurance requirements

Liaise with management as appropriate.

Other activities not involving direct supervision of children.

2. Children’s Services Support Employee (CSSE)

(a) Level 1

This is an untrained, unqualified Employee. Employees at this level will work under supervision with guidance and direction.

(i) Indicative duties

Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.

Laundry work.

Cleaning.

Gardening.

Driving.

Maintenance (non-trade).

Administrative duties.

Page 42 of 44.

(b) Level 2

An Employee at this level will possess skills, training and experience above that of a CSSE Level 1 and below that of a CSSE level 3. An Employee at this level works under routine supervision and exercises discretion consistent with their skills and experience.

(i) Indicative duties

Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.

Laundry work.

Cleaning.

Gardening.

Driving.

Maintenance (non-trade).

Administrative duties.

(c) Level 3

An Employee at this level possesses a relevant AQF Certificate III or equivalent skills and performs work at that level as required by the Employer.

(i) Indicative duties

Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.

Laundry work.

Cleaning.

Gardening.

Driving.

Maintenance (non-trade).

Administrative duties.

Page 43 of 44.

SCHEDULE 2 – WAGES

WAGES Hourly Rate Percentage above Award

Children Services Employee- Unqualified

1.1 $ 21.0000 12.30%

2.1 $ 21.9579 13.07%

2.2 $ 22.3553 11.28%

Children Services Employee- Qualified

3.1 $ 23.3658 9.75%

3.2 $ 24.0316 9.14%

3.3 $ 24.6684 8.58%

Children Services Employee- Qualified (Diploma)

4.1 $ 24.6684 2.91%

Assistant Coordinator - Unqualified

5.1 $ 24.9039 3.81%

Assistant Coordinator - Qualified

6.1 $ 25.4658 1.54%

6.2 $ 25.8447 1.51%

6.3 $ 26.0984 1.00%

Coordinator - Unqualified

7.1 $ 27.1069 3.00%

7.2 $ 27.4083 3.00%

7.3 $ 27.7894 3.00%

Coordinator - Qualified

Small Service

8.1 $ 31.1472 3.00%

8.2 $ 31.5386 3.00%

8.3 $ 31.9197 3.00%

Medium Service

8.4 $ 33.1145 3.00%

8.5 $ 33.4132 3.00%

8.6 $ 33.8252 3.00%

Large Service

8.7 $ 34.2269 3.00%

8.8 $ 34.6183 3.00%

8.9 $ 34.9994 3.00%

Children Services Support Employee

1.1 $ 18.8870 1.00%

2.1 $ 19.6142 1.00%

2.2 $ 20.2909 1.00%

3.1 $ 21.5029 1.00%

Page 44 of 44.

SCHEDULE 3 - DEFINITIONS

Act means the Fair Work Act 2009 (Cth).

Agreement means this Agreement, its Schedules and any lawful variation or amendment of this Agreement.

AQF means the Australian Qualifications Framework.

Award means the Children’s Services Award 2010 including any variation, amendment or replacement.

Childcare means a programme providing care, support supervision and development for children.

Christmas Vacation means the period between Christmas Day (25 December in any given year) and one week after New Year’s Day (1 January in any given year).

Employee or Employees means employees who are engaged in the classifications in Schedule 1 of this Agreement and employed by the Employer in the OSHC Facilities.

Employer means the Roman Catholic Trust Corporation for the Diocese of Cairns trading as Catholic Early Learning and Care (ABN 91 473 691 625).

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).

Responsible Person means an Employee who has been placed in day-to-day charge of the service in accordance with the National Regulations.

OSHC Facility or OSHC Facilities means a programme providing childcare and recreation before and/or after school hours and/or during school vacation periods.

Parties means the parties to this Agreement nominated in clause 1.3.1 of this Agreement.

Property includes, but is not limited to, PC or laptop computers, computer devices, software, mobile phones, keys, passes, motor vehicles, uniforms or protective or other clothing, books, documents (whether electronic or hard copy), credit cards or any other property or equipment provided by the Employer to the Employee for the purpose of the Employee carrying out his or her duties.

RDO means a rostered day off taken by an eligible full-time Coordinator pursuant to clause 4.8 of this Agreement.

Union means the United Voice Industrial Union of Employees.

Vacation Care means a service that provides care for school-aged children during non-term time and during student-free days during term-time.

IN THE FAIR WORK COMMISSION

FWC Matter No.: AG2018/778

Applicant:

The Roman Catholic Trust Corporation for the Diocese of Cairns

Section 185 -Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Kevin Francis Malone, Chief Executive Officer of The Roman Catholic Trust Corporation for the Diocese of Cairns give the following undertakings with respect to the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018 ("theAgreement"):

1. I have the authority given to me by The Roman Catholic Trust Corporation for the Diocese of Cairns to provide this undertaking in relation to the application before the Fair Work Commission.

Clause 2.15.3- Abandonment of Employment

2. Notwithstanding clause 2.15.3 of the Agreement, if the Employee's employment is terminated at the Employer's initiative, the Employer will provide notice of termination in accordance with the National Employment Standards.

Clauses 2.3.6 and 2.3.7- Part-Time Employment

3. Clause 2.3.7 of the Agreement is deleted and clause 2.3.6 now reads:

No part-time Employee may work in excess of eight hours in any day without the payment of overtime paid at the rates prescribed in clause 4.2.

Clause 2.4 -Casual Employment

4. Clause 2.4 of the Agreement is revised so it now includes a new clause 2.4.5 which now reads

No casual employee may work in excess of eight hours in any day without the payment of overtime paid at the rates prescribed in clause 4.2.

Clause 3.2.1 - Broken Shift Allowance

5. Clause 3.2.1 of the Agreement is revised so it now reads:

Where an Employee works two separate shifts in a day, the Employee will be paid the prevailing broken shift allowance, from time to time, under the Award for each day on which a broken shift is worked.

Kevin Francis Malone Chief Executive Officer Date: 22 June 2018

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Clause 4. 7 - Payment for Staff Meetings

6. Clause 4. 7 of the Agreement is revised so that clause 4. 7.3 is deleted and clause 4.7.2 now reads:

Where the Employer requires an Employee to attend a staff meeting outside the Employee's ordinary hours of work in accordance with clauses 4.1.2 and 4.1.5, the Employer will pay the Employee overtime at the rates prescribed in clause 4.2.

Clause 5.6.4- Personal Leave

7. Clause 5.6.4 of the Agreement is revised so it now reads:

Paid carer's leave can be taken when an eligible Employee is required to provide care or support to a member of the Employee's immediate family, or a member of the Employee's household, who requires care or support because of:

(a) a personal illness, or personal injury, affecting the member; or

(b) an unexpected emergency affecting the member.

Clause 5.6.5- Personal Leave

8. Clause 5.6.5 of the Agreement is revised so it now reads:

A full-time Employee is entitled to personal leave which includes both personal and carer's leave of 10 days paid leave per year of employment. In the case of part-time Employees, personal leave entitlement is pro rata.

Clause 15.3.1 -Long Service Leave

9. Clause 5.13.1 of the Agreement is revised so it now reads:

Except as stated in this clause, the conditions applying to long service leave under this Agreement are in accordance with the Industrial Relations Act 2016 (Qid).

10. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Employer name: The Roman Catholic Trust Corporation for the Diocese of Cairns

Authority to sign: Kevin Francis Malone, Chief Executive Officer

Signature:

Date: 22 June 2018

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