DECISION - Royal Flying Doctor Service of Australia

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Fair Work Act 2009 s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Queensland Section) Limited(AG2019/2686)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND

SECTION) LIMITED SUPPORT SERVICES ENTERPRISE

AGREEMENT 2019-2023

Health and welfare services

COMMISSIONER WILSON MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia (Queensland Section) Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Australian Municipal, Administrative, Clerical and Services Union 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.

[2019] FWCA 6401

DECISION

[2019] FWCA 6401

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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 13 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505281 PR712393>

[2019] FWCA 6401

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Annexure A

[2019] FWCA 6401

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ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED

SUPPORT SERVICES ENTERPRISE AGREEMENT 2019-2023

RUHL

Undertaking

Royal Flying Doctor Service (Queensland Section)

CONTENTS

CLAUSE PAGE

CONTENTS ............................................................................................................................... 1

PART 1 APPLICATION AND OPERATION ................................................................................. 1

1. Title .............................................................................................................................. 1 2. Application and scope ...................................................................................................... 1 3. Commencement and term of the Agreement ...................................................................... 1 4. Definitions and interpretation ........................................................................................... 1 5. Agreement prevails ......................................................................................................... 2 6. No claims during the nominal period of this Agreement ....................................................... 2 7. Access to the Agreement ................................................................................................. 2 8. National Employment Standards (NES) .............................................................................. 2

PART 2 FLEXIBILITY .............................................................................................................. 3

9. Individual Flexibility Arrangements ................................................................................... 3 10. Requests for flexible working arrangements ....................................................................... 4

PART 3 CONSULTATION AND DISPUTE RESOLUTION ............................................................. 6

11. Consultation ................................................................................................................... 6

PART 4 DISPUTE RESOLUTION ............................................................................................... 9

12. Dispute resolution ........................................................................................................... 9

PART 5 TYPES OF EMPLOYMENT ........................................................................................... 11

13. Types of employment .................................................................................................... 11

PART 6 TERMINATION OF EMPLOYMENT .............................................................................. 14

14. Termination/resignation of employment .......................................................................... 14 15. Redundancy and redeployment ....................................................................................... 15

PART 7 HOURS OF WORK ..................................................................................................... 17

16. Ordinary hours of work .................................................................................................. 17 17. Breaks......................................................................................................................... 18 18. Additional hours ........................................................................................................... 18 19. Make-up time ............................................................................................................... 19 20. Public holidays ............................................................................................................. 19

PART 8 CLASSIFICATION AND SALARIES ............................................................................. 20

21. Rates of pay ................................................................................................................. 20 22. Classifications .............................................................................................................. 20 23. Allowances ................................................................................................................... 21 24. Superannuation ............................................................................................................ 22 25. Salary packaging .......................................................................................................... 22

PART 9 LEAVE ....................................................................................................................... 24

26. Annual leave ................................................................................................................ 24 27. Personal/carer’s leave ................................................................................................... 24 28. Compassionate leave .................................................................................................... 25 29. Community service leave ............................................................................................... 25 30. Parental leave .............................................................................................................. 25 31. Long service leave ........................................................................................................ 26 32. Study leave.................................................................................................................. 26 33. Family and domestic violence leave ................................................................................. 26 34. Cultural leave ............................................................................................................... 26 35. Training and professional development ............................................................................ 27 36. Union delegate rights .................................................................................................... 27

SCHEDULE A – CLASSIFICATION STRUCTURE AND RATES OF PAY......................................... 29


Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019-2023

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PART 1 APPLICATION AND OPERATION

1. Title

1.1 This Agreement shall be known as the “Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019-2023" (the Agreement).

2. Application and scope

2.1 This Agreement is between the Royal Flying Doctor Service of Australia (Queensland Section) Limited ABN 80 009 663 478 (The Employer) and all Employees employed by the Employer under classifications contained within this Agreement (The Employees).

3. Commencement and term of the Agreement

3.1 This Agreement commences seven days after approval by the Fair Work Commission.

3.2 The nominal expiry date of the Agreement will be four years after this Agreement commences.

3.3 This Agreement will continue to apply after its nominal expiry date in accordance with the Act until such time that the Agreement is replaced or terminated in accordance with the Act.

4. Definitions and interpretation

In this Agreement, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

Agreement means Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019-2023.

Continuous Service for the purposes of requests for flexible working arrangements, parental leave and notice of termination, is defined as a period during which the Employee is employed but does not include:

(a) any period of unauthorised absence; or

(b) any period otherwise declared by law.

Employee means all Employees employed by the Employer under classifications contained within this Agreement.

Employer means Royal Flying Doctor Service of Australia (Queensland Section) Limited.

Immediate Family means a spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling or a child, parent, grandparent, grandchild or sibling of the Employee’s spouse or de facto partner. This definition includes adoptive and step relations, for example adopted children or step parents). Immediate Family also includes a member of the Employee’s household, who lives with the Employee.

NES means the National Employment Standards within the Act.



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WPI means the Australian Bureau of Statistics Wage Price Index (private sector seasonally adjusted).

5. Agreement prevails

5.1 Subject to the Act and except where this Agreement expressly provides otherwise, this Agreement operates to the exclusion of any other agreement, award, or industrial instrument that might otherwise apply to the Employee’s employment.

5.2 The Employer has in place a number of policies, procedures and guidelines that deal with employment matters which Employees must comply with (Policies). The Policies may be amended from time to time at the discretion of the Employer. The Policies do not form part of, and are not incorporated into, this Agreement. This Agreement will prevail over those policies and guidelines to the extent of any inconsistency unless contrary to statute or common law.

6. No claims during the nominal period of this Agreement

6.1 The Employees agree they will not pursue any claims against the Employer in respect of their employment during the nominal period of this Agreement.

7. Access to the Agreement

7.1 The Employer must ensure copies of this Agreement and the NES are readily available and accessible to all Employees covered by this Agreement. This may include provision on the Employer’s intranet.

8. National Employment Standards (NES)

8.1 The NES contains the minimum conditions of employment for Employees covered by this Agreement. This Agreement will provide conditions which are equal to or more beneficial than the NES.



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PART 2 FLEXIBILITY

9. Individual Flexibility Arrangements

9.1 The Employer and an 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 agreement deals with one or more of the following matters:

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(iv) allowances;

(v) leave loading; and

(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in clause 9.1(a); and

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

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

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

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

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

9.3 The Employer must ensure that the individual flexibility arrangement:

(a) is in writing; and

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

(c) is signed by the Employer and Employee and 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 the Agreement that will be varied by the arrangement; and

(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 their employment as a result of the arrangement; and

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

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

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



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

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

10. Requests for flexible working arrangements

10.1 Consistent with section 65 of the Act, an Employee may request a change in working arrangements if:

(a) any of the circumstances referred to in clause 10.2 apply to an Employee;

(b) the Employee would like to change their working arrangements because of those circumstances; and

(c) the Employee has completed the minimum employment period referred to in clause 10.4.

10.2 For the purposes of clause 10.1, the circumstances are where the Employee:

(a) is the parent, or has responsibility for the care, of a child who is of school age or younger;

(b) is a carer (within the meaning of the Carer Recognition Act 2010);

(c) has a disability;

(d) is 55 or older;

(e) is experiencing violence from a member of their family;

(f) provides care or support to a member of their immediate family or household, who requires care or support because they are experiencing violence from their family.

10.3 To avoid doubt, and without limiting clause 10.1, an Employee may request to work part-time to assist take care of their child if the Employee:

(a) is a parent, or has responsibility for the care of a child; and

(b) is returning to work after taking leave in relation to the birth or adoption of the child.

10.4 For the purpose of clause 10.1, the minimum employment period is:

(a) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or

(b) for a casual Employee—the Employee:

(i) has been employed by the Employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and

(ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.



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Formal requirements for the request

10.5 The request must:

(a) be in writing; and

(b) state that the request is made under this Agreement; and

(c) set out details of the change sought and of the reasons for the change.

Responding to the request

10.6 The Employer will seek to confer with the Employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the Employee’s circumstances having regard to:

(a) the nature of the Employee’s responsibilities as a parent or carer; and

(b) the consequences for the Employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

10.7 The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. Where the Employer refuses the request, the response must include the reasons/business grounds for the refusal.

10.8 The Employer may refuse the request only on reasonable business grounds, which include (but are not limited to):

(a) that the new working arrangements requested by the Employee would be too costly for the Employer;

(b) that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the Employee;

(c) that it wold be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested by the Employee;

(d) that the new working arrangements requested by the Employee would be likely to result in significant loss in efficiency or productivity;

(e) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service.



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PART 3 CONSULTATION AND DISPUTE RESOLUTION

11. Consultation

11.1 This clause applies if the Employer:

(a) has made a definite decision to introduce a major change to production, program, 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.

Major change

11.2 For a major change referred to in clause 11.1(a):

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

(b) clauses 11.3 to 11.9 apply.

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

11.4 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,

(c) the Employer must recognise the representative.

11.5 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.

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



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

11.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in subclauses 11.2(a), 11.3 and 11.5 are taken not to apply.

11.9 In this clause, a major change is likely to have a 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.

Change to regular roster or ordinary hours of work

11.10 For a change referred to in subclause 11.1(b):

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

(b) subclauses 11.11 to 11.15 apply.

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

11.12 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,

(c) the Employer must recognise the representative.

11.13 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 on the Employees; and



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

(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).

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

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

11.16 In this clause, relevant Employees means the Employees who may be affected by a change referred to in subclause 11.1.



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PART 4 DISPUTE RESOLUTION

12. Dispute resolution

12.1 If a dispute relates to:

(a) a matter arising under the agreement; or

(b) the NES;

this term sets out procedures to settle the dispute.

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

12.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management.

12.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.

12.5 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, Fair Work Commission may then:

(i) arbitrate the dispute; and

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

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

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

12.8 While the parties are trying to resolve the dispute using the procedures in this clause:

(a) an Employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and

(b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless:

(i) the work is not safe; or

(ii) applicable occupational health and safety legislation would not permit the work to be performed; or

(iii) the work is not appropriate for the Employee to perform; or



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(iv) there are other reasonable grounds for the Employee to refuse to comply with the direction.

12.9 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this clause.



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PART 5 TYPES OF EMPLOYMENT

13. Types of employment

13.1 Employees will be employed in any of the following categories:

(a) full-time;

(b) part-time;

(c) casual; or

(d) fixed term/specified task basis.

13.2 At the time of engagement, the Employer will inform each Employee of the terms of their engagement and in particular whether they are to be full-time, part-time, casual or fixed term/specified task. The Employer will also advise the Employee about the duration of any probation period.

13.3 A six-month probationary period applies to all new Employees (other than casual Employees). If an Employee is granted any continuous periods of leave during the probation period, the probationary period will be extended by the period of leave taken.

Full-time

13.4 A full-time Employee is an Employee who is engaged to work 38 ordinary hours per week. There may be circumstances where the Employee is requested to work reasonable additional hours. For the purpose of clarity, clause 16.5 defines what must be taken into account when requesting reasonable additional hours.

13.5 An Employee can refuse to work any unreasonable additional hours.

Part-Time

13.6 A part-time Employee is an Employee who works less than 38 ordinary hours per week on a reasonably predictable basis.

13.7 The Employer may employ part-time Employees in any classification in this Agreement.

13.8 At the time of engagement, the Employer and the part-time Employee will agree in writing on a regular pattern of work, specifying the number of hours worked each day, which days of the week the Employee will work and the actual starting and finishing times of each day, noting the minimum hours on each day must be three hours.

13.9 Part-time Employees are entitled, on a pro rata basis, to equivalent pay and conditions to those of full-time Employees.

Casual

13.10 A casual Employee is an Employee designated as such and may be employed in any classification in this Agreement.

13.11 A casual Employee will be paid per hour at the rate of 1/1976 of the relevant annual salary (as set out in Schedule A of this Agreement) for the work performed, plus a 25% loading. This loading is paid in lieu of entitlements to leave and other matters from which casual Employees are excluded.



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13.12 For the avoidance of doubt, casual Employees are entitled to access unpaid compassionate leave and unpaid carer’s leave of two days per each permissible occasion and unpaid community service leave, in accordance with the NES.

13.13 Casual Employees shall be engaged for a minimum of three consecutive hours per shift.

Fixed term/specified task

13.14 A fixed term Employee may be engaged to work on either a full-time or part-time basis for a fixed term. An Employee may also be engaged to work in order to complete a specified task(s) or project. Examples of such engagement include but are not limited to the following:

(a) to relieve in a vacant position arising from an Employee taking leave;

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

(c) to fill short term vacancies during the recruitment and selection of a permanent Employee; or

(d) where a position is associated with a contract for a fixed period of time of three years or less.

13.15 Fixed term or specified task external Employees will not be engaged to avoid the payment of higher duties to suitable current Employees.

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

13.17 Whenever reasonable, the Employer will offer alternative permanent employment at the end of a fixed term contract, where an Employee indicates a preference to stay.

13.18 If a fixed term Employee is subsequently appointed to a permanent position with the Employer, with no more than three months’ break in service between the two contracts of employment, all leave entitlements accumulated and not paid at the end of the fixed term employment shall be recognised in any new contract of employment. All service under the fixed term contract will be counted as service in any new contract of permanent employment.

13.19 Where funding of the position is for a three-year period or more, at the Employee’s request, the Employer will formally raise and endeavour to negotiate funding for an ex gratia redundancy payment to the Employee upon cessation of their employment. Any ex gratia payment will be calculated in the same manner/methodology of a redundancy payment but will be processed through payroll and treated as an ex gratia payment and taxed accordingly.

13.20 Further to 13.19, where a funding body does not agree to fund an ex gratia redundancy payment upon cessation of an Employee’s employment, and the Employer is unable to offer permanent employment at the expiry of the funded contract, the Employer will endeavour to review its operational budget to identify if there is scope to process an ex gratia payment to the Employee. Any ex gratia payment the Employer can afford will be calculated in the same manner/methodology of a redundancy payment but processed through payroll, treated as an ex gratia payment and taxed accordingly.



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13.21 Further to 13.19 and 13.20, where the funding body does not agree to fund an ex gratia payment upon cessation of an Employee’s employment, and where the Employer’s operational funding does not allow for the payment of an ex gratia payment, no additional/ex gratia payment will be payable to an Employee upon cessation of their employment.

13.22 A fixed term Employee is able to apply for any vacancy advertised with the Employer.



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PART 6 TERMINATION OF EMPLOYMENT

14. Termination/resignation of employment

14.1 An Employee, other than a casual Employee, will be required to provide the following notice of resignation:

Period of Continuous Service Period of notice

During probationary 1 week notice

Post successful completion of probationary 4 weeks’ notice

14.2 Notice of termination of an Employee (other than a casual Employee) by the Employer:


Not more than 1 year 1 week notice

More than 1 year but not more than 3 years 2 weeks’ notice

More than 3 years but not more than 5 years 3 weeks’ notice

More than 5 years 4 weeks’ notice

(a) the period of notice will be increased by one week if the Employee is over 45 years

old and has completed at least two years of continuous service with the Employer at the end of the day the notice is given;

(b) Nothing in this clause prevents the Employer from dismissing an Employee without the requirement of notice in the case of serious misconduct.

Job search entitlement

14.3 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 a time that is convenient to the Employee after consultation with the Employer.

Payments in lieu of notice

14.4 The Employer may elect to pay the Employee a period in lieu of notice and have the Employee cease work before the termination date. The required amount of payment instead of notice must equal the total of all amounts that, if the Employee’s employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the Employee because of the employment continuing during that period. That total must be calculated on the basis of:

(a) the Employee’s ordinary hours of work;

(b) the amounts ordinarily payable to the Employee in respect of those hours, including allowances and loadings; and

(c) any other amounts payable under the Employee’s contract of employment.



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15. Redundancy and redeployment

15.1 The following redundancy and redeployment provisions apply to Employees other than casual and fixed term/specified task Employees.

15.2 The Employer will make efforts to redeploy Employees who would otherwise be retrenched where there is a redundancy.

15.3 Redeployment options will be restricted to positions:

(a) at, or equivalent to the Employee’s permanent classification; and

(b) that the Employee is able to perform at a satisfactory level after the provision of reasonable training. In these circumstances the Employer will provide the Employee with the relevant training.

15.4 Where employment is terminated due to redundancy, an Employee will be paid redundancy pay. The amount of redundancy pay equals the total amount payable to the Employee for the redundancy pay period worked out using the following table at the Employee’s base rate of pay for their ordinary hours of work:

Period of Continuous Service Redundancy pay period

Less than 1 year Nil

1 year but less than 2 years 4 weeks

More than 2 but not more than 3 years 6 weeks








More than 10 years 12 weeks

Transfer to lower paid duties

15.5 In the event an Employee accepts a lower paid role by reason of redundancy, the Employee will be given the following minimum notice before any reduction in salary or paid at the existing salary rate for the notice specified below:


Not more than 1 year 1 week

More than 1 year but not more than 3 years 2 weeks

More than 3 years but not more than 5 years 3 weeks

More than 5 years 4 weeks



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15.6 The period of notice will be increased by one week if the Employee is over 45 years old and has completed at least two years of continuous service with the Employer at the end of the day the notice is given.

Employee leaving during notice

15.7 An Employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The Employee is entitled to receive the severance payments they would have received under this clause had they remained in employment until the expiry of the notice, but are not entitled to payment for the unserved period of notice not worked.

Job search entitlement

15.8 An Employee given notice of termination in circumstances of redundancy may access up to one day’s paid leave during each week of notice for the purpose of seeking other employment.

15.9 The Employee must, at the request of the Employer, produce proof of attendance at an interview where they take more than one day job search leave within the notice period, to be entitled to payment for the time absent. For the purposes of this clause, a statutory declaration is sufficient.



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PART 7 HOURS OF WORK

16. Ordinary hours of work

16.1 The ordinary hours for full-time Employees are 38 hours per week, which can be averaged over a 12-month period.

16.2 Ordinary hours of work for Employees under the Agreement may be worked on Monday to Friday between the hours of 7.00 am and 7.00 pm (or as varied by agreement between the Employee and their direct manager).

16.3 Notwithstanding clause 16.1, no Employee employed under Band A of the classification structure will be required to regularly work between 7.00 pm and 7.00 am, on weekends or public holidays, unless there is a specific reference agreed to in the Employee’s individual contract.

16.4 Subject to clause 16.1, the Employer must not request or require an Employee to work more than the following hours of work in a week, unless the additional hours are reasonable:

(a) for a full-time Employee, 38 hours; or

(b) for an Employee other than a full-time Employee, the lesser of:

(i) 38 hours; or

(ii) the Employee’s ordinary hours of work in a week.

(c) An Employee may refuse to work additional hours if they are unreasonable.

16.5 In determining whether additional hours are reasonable, the following must be taken into account:

(a) any risk to Employee health and safety;

(b) the Employee’s personal circumstances, including family responsibilities;

(c) the needs of the workplace or enterprise;

(d) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for (or a level of remuneration that reflects an expectation of) working additional hours;

(e) any notice given by the Employer to work the additional hours;

(f) any notice given by the Employee of their intention to refuse to work the additional hours;

(g) the usual pattern of work in the industry;

(h) the nature of the Employee’s role and the Employee’s level of responsibility;

(i) whether the additional hours are in accordance with averaging provisions that are applicable to the Employee; or

(j) any other relevant matter.



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Part-time Employees:

16.6 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 number of hours worked each day, which days of the week the Employee will work and the actual starting and finishing times of each day.

16.7 Changes to hours or pattern of work (including temporary changes) may only be made by agreement and will be recorded in writing. An email will be sufficient.

16.8 Part-time Employees who work additional hours at the direction of the Employer will have those additional hours paid, or Time in Lieu (TIL) applied, at the rate of time and one half.

17. Breaks

17.1 An Employee who works in excess of five hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes.

17.2 Where an Employee is requested by the Employer to work more than 10.5 hours in any one day, the Employee is entitled to another 30-minute unpaid meal break.

17.3 Meal breaks are to be taken at a mutually convenient time.

17.4 Where an Employee elects not to take either or both of their designated meal breaks, the Employee cannot claim overtime provisions for the untaken meal break.

17.5 An Employee must be allowed a 10-minute rest interval to be counted as time worked on each day that the Employee is required for at least three hours. This rest break will be taken at a mutually convenient time.

18. Additional hours

18.1 Employees (other than casuals) are employed on annualised salaries which includes provision has been made for penalty rates.

18.2 Employees employed under Banding G or H have been employed on salaries where the salary is in full compensation for the hours required to perform the role therefore no further payment or TIL will be made for additional hours worked. These Employees will be clearly defined upon commencement.

18.3 For all other Employees, where Employer-requested additional hours are in excess of the Employee’s ordinary hours of work, the additional hours will be accumulated as TIL. TIL is accumulated and taken on a 1:1 basis. That is, for every additional hour worked, an hour of TIL is accumulated.

18.4 Notwithstanding clause 18.3, where Employees work on a Saturday, Sunday or public holiday, and have worked greater than 76 hours in that pay period (14 day pay cycle), the Employee will accumulate TIL on a time and a half basis for every hour worked.

18.5 TIL will generally be required to be taken within eight weeks of its accumulation and should generally not exceed 22.8 hours in total. Where an Employee has a TIL balance which exceeds either of these requirements, the Employer and the Employee will discuss options to reduce the balance.

18.6 An Employee may elect to be paid for the additional hours and not claim any TIL, at the same applicable TIL accumulation rate.



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18.7 An Employee may elect to ‘cash-in’ any accumulated TIL at any time. That is, the TIL will be paid to the Employee, but not taken.

18.8 Where an Employee (other than a casual Employee) works many Employer-requested additional hours on one day that it would mean they will not have 10 hours consecutive break from ending work that day and commencing work the following day, the Employee will not commence work until they have completed 10 hours of rest time away from work. The Employee will not lose pay for any ordinary hours they have not worked due to the 10-hour break.

19. Make-up time

19.1 An Employee may elect, with the consent of the Employer, to work ‘make-up time’ under which the Employee takes time off during ordinary hours and works those hours at another time.

20. Public holidays

20.1 Employees are entitled to be absent from work on a gazetted public holiday in their region.

20.2 Employees (other than a casual Employee) will receive the pay they would have received had the day not been a public holiday.

20.3 The Employer and Employee can agree to substitute another day for a public holiday.



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PART 8 CLASSIFICATION AND SALARIES

21. Rates of pay

21.1 Schedule A of this Agreement sets out the salary ranges for each classification, as at the commencement of this Agreement. The salaries that are provided for in Schedule A are annualised.

21.2 This Agreement provides the following salary increases:

1 July 2019 WPI

1 July 2020 WPI

1 July 2021 WPI

1 July 2022 WPI

21.3 The net pay value of an Employee’s salary will be paid fortnightly. Any final pay upon an

Employee’s departure will be paid on the following pay day.

21.4 For the purpose of determining salary:

(a) Base rate of pay is the salary that an Employee is paid, in accordance with the salary ranges set out in Schedule A for the Employee’s nominal classification.

(b) Employees who are newly engaged, or who are promoted to a higher classification will be placed on the minimum salary rate for that classification, unless determined otherwise by the Employer.

22. Classifications

22.1 Employees will be employed under the classifications provided in Schedule A of this Agreement.

Movement within classification salary range

22.2 An Employee may be eligible to move within a classification salary range based upon changes in the following:

(a) the level of supervision required for the Employee;

(b) task level; and

(c) judgement, independence and problem solving.

22.3 In addition, an Employee must have achieved ‘most of the time’ and ‘proficient and competent’ results from all elements of their last annual Performance Development Review to be eligible to move within a classification’s salary range.

22.4 Should an Employee and their direct manager agree that the Employee has satisfied the requirements set out above, a Change of Employment Details form must be completed by the manager outlining the change. Final approval of movements within a classification’s salary range are subject to the relevant delegate’s approval.

22.5 If an Employee believes (and can justify with supporting evidence) they are eligible to move within a classification’s salary range and this is not supported by their direct manager, the Employee can take the matter to their manager once removed for consideration.



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Movement to a higher classification

22.6 Employees may be eligible to move to a higher classification where the Employee:

(a) has demonstrated a significant acquisition of extra skills, knowledge or qualifications;

(b) is appointed to a new role that has been advertised at a higher classification; or

(c) where the Employee’s role has been reviewed with significantly increased responsibilities.

23. Allowances

Uniforms

23.1 Employees may be required to wear an RFDS provided uniform.

23.2 Employees will be allocated a set value of articles which are to be chosen from the Employer’s approved range. This allocation is refreshed at each 12-month anniversary of employment, or as required and manager approved.

23.3 The Employee will be required to launder the uniform at their own cost.

Use of own vehicle

23.4 When the use of a vehicle is required for business purposes, the Employee should use an Employer-provided vehicle in the first instance.

23.5 If a company provided vehicle is not available, the Employer may approve the Employee to use their private vehicle for business purposes.

23.6 Where the Employee utilises their private vehicle for business purposes, the Employee may claim the ATO’s per kilometre rate, as adjusted from time to time. The current rate $0.68 cents per kilometre. Further information is contained in Policy.

23.7 In the event that Employees have arrangements in place prior to the approval of this Agreement, such as access to fuel cards or annual allowances for the use of private motor vehicles, then those arrangements shall take precedence over this clause and only be changed with the agreement of the Employee directly.

First aid allowance

23.8 An Employee who has been appointed by the Employer to act in the role of First Aid Officer and possesses a first aid certificate or equivalent qualification will receive a first aid allowance.

23.9 The allowance will be 1.5% of the minimum annual salary of Band B per annum, paid fortnightly. Part-time Employees will receive a pro-rata value.

23.10 The Employer is responsible for the cost of maintaining the relevant first aid qualification.

Higher/additional duties allowance

23.11 An Employee may be eligible for either higher or additional duties allowance. All applications for higher and additional duties must be approved by the relevant Executive Leader or their delegate.



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23.12 Where an Employee has been appointed to act in a role which requires the performance of additional or higher duties, and performs at least 80% of the role, for a period of not less than five working days, a higher duties allowance will be payable. The Employee acting in the role will be paid at the minimum salary for that level/grade. Where this minimum salary is equal or greater than the Employee’s current salary, the Employee will receive the additional duties allowance as provided in 23.13 below.

23.13 Where an Employee is appointed to perform additional duties to their role for the purposes of relief, for more than one working day, or where acting in a higher duties role for less than five working days, but more than one working day, an additional duties allowance will be payable. Additional duties allowance ranges between a minimum of $21.35 per day and a maximum of $42.65 per day depending on the level or responsibility of the relief role and as approved by the Employer.

Recall to Duties Allowance

23.14 Employees may receive a recall to duties allowance where they are recalled to the workplace without receiving prior notice of the requirement to work before ceasing work for that day.

23.15 Any instances of recall must be approved by the Employee’s manager prior to being recalled.

23.16 The Employee will be paid for a minimum of three hours work (per recall) as recompense for the disability of being recalled, subject to clause 23.17.

23.17 Any subsequent recalls which occur within three hours of the original recall will not attract any additional payment.

24. Superannuation

24.1 The Employer will make superannuation guarantee contributions on behalf of Employees in accordance with relevant legislation. The current rate is 9.5% of the Employee’s ordinary time earnings (OTE).

24.2 Superannuation contributions are paid to a complying Superannuation Fund as nominated by the Employee under the Choice of Fund Legislation. If no fund is nominated, then the contributions will be paid to the Employer’s default superannuation fund (currently AMP National Superannuation Plan).

24.3 The Employer will increase their contributions for Employees, other than casual or fixed term/specified task Employees with more than six months Continuous Service to:

(a) 10%, where the Employee salary sacrifices additional superannuation contributions of 5% (OTE) or more; or

(b) 12.5%, where the Employee has received Employer superannuation contributions of 10% for three continuous years.

24.4 Employees may commence salary sacrificing superannuation from commencement of employment, however will not be eligible for the Employer top up contributions until the required amount of personal contributions has been completed.

25. Salary packaging

25.1 Employees may access salary packaging arrangements in line with relevant ATO legislation, which may change from time to time, impacting the Employer’s ability to continue to offer these benefits. The Employer reserves its rights to modify or remove salary packaging



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benefits at its discretion, or where legislation or Policy changes. Further information and details on how to access such arrangements is available in Policy.

25.2 The Employer will not be held responsible for any Fringe Benefits Tax due as a result of an Employee’s salary sacrifice arrangement.



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PART 9 LEAVE

26. Annual leave

26.1 Annual leave is provided for in accordance with the NES. Casual Employees are not eligible for annual leave.

26.2 An Employee is entitled to four weeks of annual leave per annum. A part-time Employee will accrue a pro-rata value of annual leave.

26.3 Annual leave is cumulative and accrues progressively during a year of service.

26.4 A provision for annual leave loading has been incorporated into the annual salary.

26.5 All annual leave accrued but not taken will be paid on termination of employment.

26.6 Where an Employee provides evidence to support an alternative type of paid leave (for example, personal/carer’s leave or compassionate leave) for a period they had taken annual leave, the Employer may recredit the annual leave and enter the appropriate leave entered in its place.

Excess accrued annual leave

26.7 The Employer does not endorse excessive accumulation of annual leave, noting this may contribute to fatigue and lifestyle concerns. As such, Employees are encouraged to take annual leave in the year it is accrued or as soon as possible thereafter.

26.8 If an Employee is credited with more than two years of annual leave (eight weeks for a full-time Employee), they must take positive action to reduce the quantum, including agreeing with the Employer on a reasonable time period for the reduction.

26.9 In the event no agreement can be reached, the Employer may instruct the Employee to take an amount of leave that will reduce their balance to below a two-year balance (but not less than a one-year balance).

‘Cash-out’ of annual leave

26.10 An Employee may elect, and with the Employer’s approval, to ‘cash-out’ accumulated annual leave, subject to:

(a) the Employee’s remaining accrued entitlement to paid annual leave being at least four weeks; and

(b) each instance of cashing out paid annual leave being agreed in writing.

26.11 The Employer must not exert undue influence or pressure on the Employee to cash out annual leave.

26.12 The Employer will pay the Employee the full amount that would have been payable had the Employee taken the leave, and reduce the Employee’s accrued annual leave credits by the amount of leave cashed out.

27. Personal/carer’s leave

27.1 Personal leave is provided for in accordance with the NES.



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27.2 Employees will accrue personal leave to a total of 10 working days per annum (pro rata for part-time Employees). The entitlement accrues progressively during each year of service.

27.3 Personal leave is cumulative but is not paid out on termination of employment.

27.4 An Employee may utilise their accrued personal leave for the purposes of carer’s leave.

27.5 Casual Employees may access unpaid personal/carer's leave under the provisions of the NES.

27.6 For absences of more than two consecutive days, or lesser periods where requested by the Employer, Employees are required to provide evidence that would satisfy a reasonable person that the leave is taken in accordance with this clause.

The effect of workers compensation

27.7 There is no entitlement to paid leave of absence for any period the Employee is receiving workers compensation payments.

28. Compassionate leave

28.1 Compassionate leave is provided for in the NES.

28.2 Employees, other than casual Employees, are entitled to two days’ paid leave per occasion in the event a member of their immediate family or household contracts a life-threatening illness or injury or dies.

28.3 An Employee may take compassionate leave for each occasion as:

(a) a single continuous two-day period; or

(b) two separate periods of one day each; or

(c) any separate periods to which the Employee and his or her Employer agree.

28.4 Casual Employees are entitled to access two days’ unpaid compassionate leave for each permissible occasion.

28.5 If an Employee is already on another type of leave (e.g. annual leave) and needs to take compassionate leave, the Employee may use compassionate leave instead.

29. Community service leave

29.1 Community service leave is provided for in accordance with the NES.

29.2 Leave with pay (for Employees other than casual Employees) will be granted for periods of jury service (including attendance for jury selection) up to a maximum of 10 days.

29.3 Leave for all other community service activities is unpaid.

30. Parental leave

30.1 Where an Employee has completed at least 12 months’ Continuous Service, they may be entitled to a period of unpaid Parental Leave as per the Act.

30.2 Eligible Employees may also be entitled to a period of paid parental leave provided by the Employer. Further information around parental leave is contained in the Leave Policy.



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31. Long service leave

31.1 Employees are entitled to long service leave in accordance with the Industrial Relations Act 2016 (Qld). The current entitlement is 8.6667 weeks after 10 years’ continuous service.

31.2 An Employee may be approved to access pro-rata long service leave after completing seven years’ continuous service. Application must be approved by the relevant Executive Manager.

31.3 Where approved by the Employer, long service leave may be taken at half pay.

Provision to ‘cash-out’ long service leave

31.4 An Employee may elect, and with the Employer’s approval, to ‘cash-in’ accumulated long service leave, in accordance with the Industrial Relations Act 2016 (Qld).

31.5 The Employer must not exert undue influence or pressure on the Employee to cash in leave and must pay the Employee the leave the Employee has foregone at their base rate of pay.

32. Study leave

32.1 The Employer recognises that in order to develop a skilled and flexible workforce it will support Employees to participate in relevant training and development programs as deemed appropriate to each individual’s role.

32.2 Up to two weeks (10 working days) per year will be provided for the purpose of approved study leave, this can be accumulated for up to a maximum of 20 days. The Employer determines approved courses of study based upon its relevance to the business, the Employee’s role and operational requirements.

33. Family and domestic violence leave

33.1 Employees (including casual Employees) may access up to five days’ unpaid family and domestic violence leave in line with the NES. Other leave may be accessed in line with Policy.

33.2 An Employee may be required to produce evidence for the leave to substantiate the reason for the leave being taken, which may include a statutory declaration.

33.3 The Employer and the Employee will ensure all reasonable attempts are made to ensure personal information concerning matters of family or domestic violence are kept confidential and may only be divulged in exceptional circumstances, in consultation with one another, where it is imperative to maintain the safety of the Employee and/or co-workers.

34. Cultural leave

34.1 Aboriginal and Torres Strait Islander Employees shall be entitled to one day of paid leave to attend the march and/or related activities associated with National Aborigines and Islanders Day Observance Committee (NAIDOC) week celebrations.

34.2 Aboriginal and Torres Strait Islander Employees may request up to five days’ unpaid leave in any one year for ceremonial purposes arising from the death of a family member or other ceremonial obligations. Leave for a ceremonial obligation is without pay and does not count as service. Leave for ceremonial purposes is in addition to compassionate leave.



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34.3 Cultural leave will be subject to the Employer’s discretion and will not unreasonably affect the operations of the business, but shall not be unreasonably withheld.

35. Training and professional development

35.1 The Employer will support and undertake that all Employees covered by this Agreement are given the opportunity to participate in professional and personal development irrespective of their working location. Various delivery methods may be undertaken to assist in this commitment, including for example electronic media such as on-line training or video conferencing.

36. Union delegate rights

36.1 The Employer will treat delegates fairly and allow them to perform their roles as a union delegate without any discrimination in their employment. The Employer recognise and respects that union delegates speak on behalf of the relevant union members in the workplace.

36.2 Union delegates will be granted reasonable paid time to:

(a) represent members in bargaining;

(b) represent the interests of members to the Employer and industrial tribunals;

(c) consult with union members and other Employees for whom the delegate is a bargaining representative.

36.3 Union delegates will be provided up to a maximum of three days’ paid time per annum to:

(a) attend union education;

(b) attend courses conducted by an approved training provider, which are designed to provide skills and competencies that will assist the delegate or workplace representative contribute to the prompt resolution of disputes and or grievances in the workplace.

36.4 Union delegates will be given reasonable access to telephone, fax, internet, email facilities for the purpose of carrying out their role as a union delegate.

36.5 Leave of absence granted pursuant to this clause, will count as service for all purposes of this Agreement. Paid hours allotted to union delegates each year cannot be deferred or used in any subsequent year; these hours are not cumulative.

36.6 Each Employee on leave approved in accordance with this clause, will be paid their ordinary hours.

36.7 All expenses (such as travel, accommodation and meals) associated with or incurred by the Employee attending a training course as provided in this clause will be the responsibility of the Employee or the union.

36.8 An Employee may be required to satisfy the Employer of attendance at the course to qualify for payment of leave.

36.9 An Employee granted leave pursuant to this clause will, on request, inform the Employer of the nature of the course attended.



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36.10 In the event of a disagreement arising from the outcome of this clause, the matter may be settled using the dispute settlement procedure of this Agreement.

36.11 Union delegates will be permitted to post authorised union materials on noticeboards provided for that purpose in the workplace.


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SCHEDULE A – CLASSIFICATION STRUCTURE AND RATES OF PAY

Band Level of supervision Indicative tasks

Judgment, independence problem solving Indicative roles/duties

Salary range on commencement of EA

Minimum Maximum

A Close supervision

Straightforward duties or elements of Band B duties under close supervision and structured on the job training. Some basic knowledge of materials and business equipment.

Resolve problems where alternatives for the jobholder are limited and the required action is clear or can be readily referred to higher levels.

Perform a limited range of administration and reception duties, including but not limited to answering telephones, photocopying, filing and data entry. Has limited work experience.

Indicative roles:

Administration Officers

$42,991 $48,647

B Close to routine supervision

Straightforward duties within established guidelines. Knowledge of materials and business equipment. Maintain filing and archiving systems within established procedures. Process data within established guidelines.

Resolving problems in established practices.

Perform a range of administration duties, including but not limited to data processing, photocopying, filing.

Indicative roles:


$48,649 $53,172

C General supervision

Routine duties within established guidelines. Contributing to a review of guidelines where necessary. A detailed knowledge of business equipment and business software. Be responsible for filing and archiving. Process data within established guidelines, with the skill necessary to review and research queries or errors.

Resolving problems within the Employee’s own area of responsibility and in collaboration with relevant manager. Operate on a day-to-day basis setting own timeframes and tasks to achieve allocated results.

Perform a range of administration, HR or finance duties.

Indicative roles include but are not limited to;


Financial Officers

HR Officers

$53,173 $62,224


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Band Level of supervision

Indicative tasks Judgment, independence problem solving

Indicative roles/duties


Minimum Maximum

D General supervision with responsibility for their own work.

Apply skills to a various range of tasks generally within a defined scope. An advanced knowledge of business equipment and business software/systems.

Resolving more complex problems within the Employee’s own area of responsibility and in collaboration with relevant manager. An Employee at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences, provided the prearranged work priorities are achieved.

Perform a range of administration and coordination duties.

Indicative roles include but are not limited to:

Officers

Coordinators

$62,225 $65,617

E General supervision to general direction depending upon experience and the complexity of the tasks.

Apply skills to a various range of tasks sometimes outside of a defined scope. An advanced knowledge of business equipment and business software/systems.

May supervise or co-ordinate others to achieve objectives, including liaison with Employees at higher levels. May undertake stand-alone work.

Provide factual advice which requires proficiency in the work area’s rules and regulations. A broad knowledge of organisational procedures.

May undertake a full range of word processing functions, including but not limited to, manipulation of text and layout. Be responsible for providing a full range of secretarial services. Plan and set up spread sheets or data base applications. Provide advice on procedures and requirements.


Officers

Senior Coordinators

$65,618 $70,143


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Minimum Maximum

F General direction or closer supervision of complex tasks.

Work at this level requires processing of work at a higher level than Band E. Tasks are more complex and difficult. A complex knowledge of business equipment and business software/systems.

Independent problem solving specific to role where possible, referring more complex issues to more senior staff. This level requires expertise in a specialist area or broad knowledge of a range of personnel, functions and organisational policies and procedures.


Senior Officers

Senior Coordinators

Senior HR roles

Senior Financial roles

$70,144 $82,588

G General direction.

Employees at this level will undertake a broad range of tasks, which include the development and implementation of projects and programs associated within their area of responsibility. Will be required to interpret policy and guidelines and provide high level advice. High level communication skills to enable communication on behalf of the organisation to external parties. An advanced knowledge of business equipment and business software/systems.

May supervise small teams, including liaison with Employees at higher levels.

Independent problem solving (covering own area of expertise and with broader organisational impact) with limited reference to manager. Work at this level may involve, depending on the function of the role, significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management. Decisions at this level may, depending on the degree of autonomy of function and the degree of delegated authority, have significant effect on the day-to-day operations of a specific work area.


Advisors

Team Leaders

Senior Officers

Senior Coordinators

Senior HR roles

Senior Financial roles $82,589 $101,821


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Minimum Maximum

H Broad direction.

Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. Have a depth or breadth of expertise developed through extensive relevant experience and application.

May have extensive supervisory and line management responsibility for a range of roles and personnel.

Perform tasks/assignments which require proficiency in the work area’s existing rules, regulations, processes and techniques and how they interact with other related functions, and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas.


Specialist Advisors

Team Leaders

$101,822 $131,235

Documents

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