2017 WAIRC 00362

IDENTITYW A AND UNITED VOICE SUPPORT WORKERS AGREEMENT 2016

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES

CORAM

DATE

FILE NO

CITATION NO.

Result

Representation

Applicant

Respondent

IDENTITY WA

-v-

UNITED VOICE WA

COMMISSIONER DJ MATTHEWS

THURSDAY, 22 JUNE 2017

AG 7 OF 2017

2017 W AIRC 00362

Agreement registered

APPLICANT

RESPONDENT

Ms L Hillbrick, of counsel, and with her Mr S Farrell, as agent

Ms C Tunney and with her Mr B Palmer

Registration of Agreement

HAVING heard Ms L Hillbrick, of counsel, and with her Mr S Farrell, as agent, for the applicant and Ms C Tum1ey and with her Mr B Palmer for the respondent on 22 June 2017; and

WHEREAS the Commission has before it an application pursuant to section 41 of the Industrial Relations Act 1979 to register an agreement as an industrial agreement; and

WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 and that it should be registered;

NOW I, the undersigned, pursuant to the powers conferred on me under section 41 of the Industrial Relations Act 1979 hereby register the agreement made between the parties filed in the Commission on 24 March 2017 entitled Identitywa and United Voice Support Workers Agreement 2016 as amended by the parties on 22 June 2017 attached hereto be registered as an industrial agreement in replacement of the Identitywa and United Voice Support Workers Agreement 2013.

0(Sgd.) D.J. MAITHEWS

COMMISSIONER DJ MATTHEWS

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IDENTITYW A AND UNITED VOICE SUPPORT WORKERS AGREEMENT 2016

Agreement No.

1. TITLE

This Agreement shall be known as the ldentitywa and United Voice Support Workers Agreement 2016 (the Agreement) .

2. ARRANGEMENT

1 Title 1 2 Arrangement 1 3 Introduction 2 4 Definitions 2 5 Application, Area, Scope and Parties Bound 4 6 Duration of Agreement and Renewal 4 7 Best Practice 5 8 Contract of Employment 5 9 Place of Work 6 10 Part-Time Employees 7 11 Casual Employees 7 12 Payment of Wages 8 13 Time and Wages Record 8 14 Wage Rates and Increases 9 15 Hours of Work 9 16 Overtime 12 17 Management of Rosters 12 18 Public Holidays 12 19 Allowances 14 20 Influenza Hepatitis A and B Vaccines 15 21 Higher Duties 15 22 Transferability of Classifications 16 23 Training and Meetings 16 24 Salary/ Remuneration Packaging 16 25 Superannuation 18 26 Annual Leave 19 27 Long Service Leave 20 28 Personal/Carers Leave 21 29 Compassionate Leave 22 30 Parental Leave 22 31 Family and Domestic Violence Leave 23 32 Religious or Cultural Custom, Traditional Law and 24

Ceremonial Leave

33 Journey Cover 24 34 Jury Duty 24 35 Leave Without Pay 24

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36 Significant Change 25 37 Redundancy 25 38 Termination of Employment 26 39 Dispute Resolution Procedure 27 40 Delegates' Rights 28 41 Consultative Committee 29 42 United Voice Access to Inductions 29 43 Payment of Union Fees 29 44 United Voice Discussion with Employees 29 45 Signature of Parties 30 Schedule 1 Rates of Pay 31 Schedule 2 Parental Leave 31 Schedule 3 Summary of effects of leave on other entitlements 36

3. INTRODUCTION

The parties are committed to supporting people with disability and their families. The parties identify that working together in a team environment which fosters collaboration and recognises the value of each individual employee is fundamental to achieve continuous improvement.

4. DEFINITIONS

In this Agreement:

Additional Hours shall mean those hours worked over and above the employees hours ordinarily required to work up to 80 hours per fortnight for fulltime employees and 76 hours per fortnight for part-time employees.

Base Contracted Hours means the agreed contracted hours of work per fortnight, as specified in the contract of employment.

Casual Employee means an employee who is engaged intermittently on an hourly contract of service for work of an unexpected or casual nature and does not include an employee who could properly be engaged as a full-time, part-time employee or on a temporary basis as defined in clause 4 of this Agreement.

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Continuous Service means the service of an employee which includes:

(a) any absence from work on account of personal sickness or accident for which an employee is entitled to claim paid personal leave as prescribed by this Agreement or on account of leave granted by ldentitywa;

(b) any absence on approved leave with pay; and

(c) service by the employee with a business which has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) as amended.

Provided that in the calculation of continuous service, any time in respect of which an employee is absent from work, except time for which an employee is entitled to claim paid leave and public holidays as prescribed by this Agreement, shall not count as time worked.

Disability Support Worker means an employee who provides support to people with disabilities in a shared living environment.

Family Support Worker means an employee who provides support directly in the family home or in the community.

Flexi contract means an employee employed on a permanent part-time basis who works flexible hours across a variety of locations.

Full-time Employee means an employee who is engaged in regular employment for an average of 76 hours per fortnight.

House Senior means an employee working in a support role and assisting the team leader with specific duties.

Hours Ordinarily Required to Work shall mean the base hours of work as stipulated in an employee's contract of employment (being their minimum fortnightly hours of work).

ldentitywa is an outreach of the Roman Catholic Archdiocese of Perth that provides support and services to people with disability and their families.

United Voice means United Voice WA.

Metropolitan Area means the area within a radius of fifty kilometres from the Perth General Post Office.

Night staff means Disability Support Workers, employed to work during the night in shared living. A level 2 night staff is permitted to sleep parts of the shift; Level 6 night staff stays awake during shift.

Part-time Employee means an employee who is engaged to work less than 76 hours per fortnight.

Public Holiday Rate means the rate of pay from midnight at the beginning of the public holiday for the duration of 24 hours except for employees working night awake or sleep shifts, in which case the employee will be paid the public holiday rate for the duration of their shift if they commence the shift on the public holiday.

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Qualifying Service means service of an employee which counts towards the accrual of leave entitlements in accordance with Schedule 2.

Rotating Roster means a roster with 24 hours per day and 7 days per week coverage and involves employees fulfilling shifts on Sundays, Saturdays and public holidays

Substantive Position means the employee's primary position, as specified in the contract of employment and position description.

Temporary Employee means an employee engaged for a specific, fixed or limited term contract.

Week Rate means the rate of pay from midnight Sunday until midnight Friday.

Weekend Rate means the rate of pay from midnight Friday until midnight Sunday.

5. APPLICATION, AREA, SCOPE AND PARTIES BOUND

5.1 The parties to this Agreement are;

5.1.1 ldentitywa; and

5.1.2 United Voice.

5.2 This Agreement shall operate at each and every workplace within the State of Western Australia in pursuit of the employer's business.

5.3 This Agreement extends to and binds the parties to this Agreement and all employees employed in the classifications in Schedule 1 - Rates of Pay who are eligible for membership of United Voice.

5.4 This Agreement supersedes and replaces all previous agreements and conditions of employment.

6. DUR AT ION OF AGREEMENT AND RENEWAL

6.1 This Agreement operates from the date of registration and has a nominal expiry date of 30 June 2019.

6.2 At least six months prior to the nominal expiry date the parties will commence negotiations with the aim of formulating a new Agreement.

6.3 If, at the nominal expiry date of this Agreement, no agreement has been reached as to renewal or replacement, the terms and conditions of the expired agreement shall continue in force until cancelled or replaced by another agreement.

Estimated Number of Employees

6.4 There are an estimated 400 employees covered by the provision of this Agreement as at the date of registration.

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7. BEST PRACTICE

7.1 Both parties to this Agreement are committed to best practice in the workplace.

Occupational Safety and Health

7.2 The parties recognise the legislative requirements as set out in the Occupational Safety and Health Act 1984 and Regulations.

7.3 The parties agree to continue to co-operate in the development and implementation of improved occupational health and safety throughout the organisation. The aim of this approach is to ensure a safe and healthy workplace.

7.4 Employees undertake to ensure that their responsibilities and duty of care in respect of the employer are not compromised by them engaging in paid employment elsewhere.

7.5 The employer will take the necessary steps to establish an occupational safety and health committee within one month of the date of registration of this Agreement. The committee will comprise a maximum of 10 staff representatives. The employer will ensure that at least 50% of the representatives undertake appropriate occupational safety and health training by the expiry date of this Agreement.

Equal Opportunity

7.6 The parties to this Agreement agree to practice and promote the principles of equal opportunity and are committed to the spirit and principles of equal opportunity legislation.

8 . C O N T R A C T OF EMPLOYMENT

8.1 Employees will be employed on a full-time, part-time, casual or temporary basis.

8.2 Upon engagement, ldentitywa will provide the employee with a copy of this Agreement and written statements which will specify:

• the employee's position title and position description;

• the employee's place of work;

• the employee's contracted hours of employment;

• the employee's level of pay;

• the length of the employee's probationary period;

• whether the employee is engaged on a full-time, part-time, casual or temporary basis; and

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• in the case of family support workers, the requirement to own or have full use of a motor vehicle including comprehensive motor vehicle insurance (as per the position description).

8.3 Employment is subject to a probationary period of three months unless otherwise agreed to by the employee and ldentitywa.

8.4 During the probationary period the contract of service may be terminated by either party giving one week's notice or by the payment, or forfeiture, as the case may be, of one week's pay.

8.4.1 A lesser period of notice may be given if mutually agreed between the parties.

8.5 Satisfactory completion of the probation period will include:

• attending an ldentitywa general induction session; and

• completing the service specific induction checklist.

8.6 All employees are required to have and maintain a National Police Clearance, Working with Children Check, Department for Child Protection Record Check (if required) and a C class driver's license in accordance with ldentitywa policy and as a condition of employment.

8.6.1 ldentitywa shall pay the fees for any renewals of an existing employees National Police Clearance and Working With Children Check.

8.6.2 ldentitywa conducts all National Police Checks on line with employee's permission.

8.7 ldentitywa will continue to provide First Aid training for existing employees.

9. PLACE OF WORK

9.1 On engagement, an employee's place of work will be at the place designated by ldentitywa and included in the written statement provided to the employee, or at any service operated by ldentitywa in the metropolitan area.

9.1.1 Employees participating in weekend programs may be required to work outside the metropolitan area.

9.2 ldentitywa may transfer an employee to a comparable position in another service with a minimum of 2 weeks' prior notice subject to the provisions outlined in sub­clause 9.2.1.

9.2.1 If the proposed transfer is to a workplace more than 20 kilometres from the workplace where the employee is currently working, the transfer will only occur by mutual agreement.

9.3 An employee may be transferred without such notice when short term emergency staffing is required and where an employee consents to the short-term transfer.

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10. PART-TIME EMPLOYEES

10.1 Part-time hours may be worked in less than 76 hours per fortnight.

10.2 When an employee is engaged on a part time basis, they shall be entitled to the same leave, penalties and other conditions as prescribed in the Agreement for full­time employees with payment being in proportion to the amount of hours worked.

11. CASUAL EMPLOYEES

11.1 Casual employees shall be paid a 20% loading and are not entitled to payment for public holidays not worked, or payment for paid leave of any type other than long service leave or bereavement leave.

11.2 Casual Conversion

11.3.1

11.3.2

11.3.3.

11.3.4

11.3.5

A casual employee, other than an irregular casual employee, who has

been engaged by for a sequence of periods of employment under this

Agreement during a period of six months, thereafter has the right to

elect to have their contract of employment converted to full-time or

part-time employment if the employment is to continue beyond the

conversion process, subject to the availability of ongoing permanent

vacancies.

ldentitywa must give the employee notice in writing of the provisions of sub-clause 11.3.1 within four weeks of the employee having attained such period of six months. The employee retains their right of election under this sub-clause if ldentitywa fails to provide the notice required in this sub-clause. If the casual employee does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment they have deemed to have elected against any such conversion.

Once a casual employee has elected to become and been converted

to a full-time or part-time employee, the employee may only revert to

casual employment with the written agreement of ldentitywa.

An employee is entitled to elect to convert their contract of

employment on the basis of the same number of hours and times of

work as previously worked, unless other arrangements are agreed

between ldentitywa and employee.

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11.3.6 For the purposes of this clause an irregular casual employee is one

who has been engaged to perform work on an occasional or non­

systematic or irregular basis.

1 2. PAYMENT OF WAGES

12.1 All wages shall be paid fortnightly by electronic funds transfer.

12.1.1 ldentitywa may agree to make payment by cheque in exceptional circumstances only.

12.2 Pay periods finish at midnight on alternate Saturdays.

12.3 Employees are required to log on the computerised system detailing hours worked for each pay period.

12.3.1 Failure to do so within the required timeframe will result in the employee being paid only for their contracted hours. Any additional hours or overtime will be paid in the following pay period.

12.4 Upon termination of employment, wages due to an employee shall be paid on the date of termination.

12.5 ldentitywa may deduct any amounts authorised in writing by the employee.

12.6 ldentitywa will provide a pay advice which will detail gross salary (ordinary time, leave, overtime and public holiday penalties} and allowances, deductions, and net amount to be paid.

12.7 Pay advices shall also include the number of annual and personal leave hours accrued and for any employee with accrued long service leave, the hours accrued.

1 3. 13. TIME AND WAGES RECORD

13.1 ldentitywa shall maintain records for all employees, which include the following:

• employee's name

• date employment commenced

• gross and net amounts paid under the terms of their employment

• all pay deductions and the reasons for these deductions

• all leave taken by the employee

• details required for the calculations of long service leave entitlements

• superannuation contributions made on behalf of the employee

• tax file number

• payment summary

• work-related injuries.

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13.2 Subject to the Industrial Relations Act 1979 and the permission of the employee, an authorised representative of United Voice may inspect the time and wages record of an employee who is, or former employee who was, a member of United Voice.

14. WAGE RATES AND INCREASES

14.1 Wage rates shall be paid in accordance with Schedule 1- Rates of Pay.

14.2 The following increase to the rates of pay will apply;

(a) from the beginning of the first pay period on or after 1 July 2016 - 2.5% (b) from the beginning of the first pay period on or after 1 July 2017 - 2.5% (c) from the beginning of the first pay period on or after 1 July 2018 - 2.5%

14.3 In the event ldentitywa receives additional funding for wages, ldentitywa agrees to allocate all new funding into wages in an United Voice Collective Agreement negotiated within 30 days from the announcement of such funding.

1 5. HOURS OF WORK

Hours

15.1 Full-time employees shall work 76 hours per fortnight.

15.2 Part-time employees shall work, on average, less than 76 hours per fortnight and shall be paid for hours worked. A part time employee may elect, with the consent of ldentitywa, to work an eleventh day in a fortnight provided the total hours worked do not exceed 80 active hours.

15.3 Employees are not to be rostered more than two consecutive shifts (i.e. "back to back") shifts per fortnightly roster period. By mutual agreement an employee may work more than two consecutive shifts in a fortnightly roster period provided that consecutive shifts are not regularly rostered.

15.4 Employees are to be rostered two consecutive days off duty per fortnightly roster period. By mutual agreement an employee may work a fortnightly roster period without two consecutive days off duty provided employees will not be:

(i) rostered to work more than 10 shifts per fortnightly roster period; and

(ii) regularly rostered to work fortnightly roster periods without two consecutive days off duty.

15.5 The minimum handover time is 15 minutes and is included in the employee's rostered hours.

15.6 Part time employees who indicate their availability shall be given the opportunity of taking up additional hours in their work location or as offered to them. ldentitywa will ensure that permanent employees are offered additional shifts in the first instance for advance available shifts.

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15.6.1

15.6.2

Additional hours worked in the same position as the employee's substantive position will be paid at the same rate as the substantive position.

Additional hours worked in a position which differs from the employee's substantive position will be paid at the Level 2 rate of pay for that position.

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15.7 Part-time employees may elect once per calendar year to accrue annual leave on the additional hours worked or receive a 12% loading on the additional hours worked.

15.8

15.9

15.10

15.11

15.12

15.13

15.14

15.15

15.7.1

15.7.2

15.7.3

15.7.4

15.7.5

In the case of a new employee, the election is made after the completion of 12 months of continuous service with ldentitywa;

In the case of an existing employee, the election is made 12 months after the registration of this Agreement;

The agreement to elect is in writing; and

Prior to signing the election the employee is advised to seek independent advice, which may include advice from United Voice.

An employee's annual leave entitlements (of up to five weeks per year) shall not be reduced by an employee's choice to elect the option as outlined in sub-clause 15.6.

Personal leave and long service leave will accrue on all additional hours worked and will be paid at the employee's substantive rate of pay.

The loading referred to in sub-clause 15.5 is paid in lieu of accruing annual leave, and may be offset against any claim for leave accrual in respect of the additional hours.

The provisions of sub-clause 15.6 do not apply to casual employees.

Accrued Days Off (ADO)

Disability Support Workers Cert 3 & 4 who work 80 hours per fortnight either on a fixed or rotating roster cycle shall be paid for 76 hours per fortnight, with 4 hours per fortnight accruing towards an Accrued Day Off (ADO).

ADO's shall be taken in accordance with the service roster.

ADO's are not accrued during any period of leave, either paid or unpaid.

Maximum Shift Length

For Disability Support Workers working in shared living arrangements the maximum shift length shall be 8 hours, and not more than 6 days may be worked consecutively.

For Night staff level 6, the maximum shift length shall be 8.5 hours and not more than 5 days may be worked consecutively.

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15.16

15.17

15.18

15.19

15.20

15.21

15.22

15.23

16.

16.1

16.2

16.3

For Family Support Workers the maximum shift length shall be 10 hours and not more than 6 days may be worked consecutively. The shift length will include the time spent on completing shift reports.

For Night staff, level 2, the maximum shift length shall be 10.5 hours and not more than 6 days may be worked consecutively.

Night staff, level 2, employees must work 7 shifts per fortnight and may work an additional 3 shifts within that fortnight pay period.

Minimum Shift Length

The minimum shift length within shared living will be 4 hours.

The minimum shift length for community support workers will be 3 hours or less depend on the program.

Minimum Break

The minimum break between shifts for all direct care employees, except Night staff level 6, shall not be less than 8 hours. The minimum break between shifts for Night staff level 2 shall not be less than 6 hours.

Upon request by the employee, and by arrangement with ldentitywa, the employee may work an afternoon shift following a morning shift without the required 8 hour break.

Employees must not work consecutive shifts that do not adhere to the required minimum break as provided in sub-clause 15.21, except in emergency situations with the approval of the team leader.

OVERTIME

Hours worked in excess of 80 hours per fortnight for full-time Disability Support Workers in shared living will be paid as overtime or taken as time in lieu.

Hours worked in excess of 76 hours per fortnight for part-time Disability Support Workers in shared living will be paid as overtime or taken as time in lieu

Hours worked in excess of 105 hours per fortnight for Night Staff level 2 only will be paid as overtime or taken as time in lieu.

16.4 Hours worked in excess of 76 hours per fortnight for all other employees will be paid as overtime or taken as time in lieu.

16.5 Hours worked beyond the maximum shift length on any shift by full-time and part­time employees will also be paid as overtime or taken as time in lieu.

16.6 If in an emergency, an employee who is on shift and is requested to remain on duty or returns to duty with less than the required break as per sub-clause 15.21, the employee shall receive overtime at their substantive rate of pay.

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16.7 Where overtime is paid, it shall be paid at the rate of time and a half at the employee's substantive rate of pay. When time off in lieu is taken, it shall be at the overtime rate and at a time and in a manner as mutually agreed between ldentitywa and the employee.

1 7. MANAGEMENT OF ROSTERS

17.1 It is ldentitywa's responsibility to manage the rosters efficiently and effectively with due consideration of resources.

17.1.1 In the preparation of rosters, consideration will be given to the impact on employees.

17.2 Rosters will be posted at least 2 weeks in advance of their commencing date; however ldentitywa has the right to change the roster where necessary by giving at least 48 hours' notice to the employee.

17.2.1 Such notice shall not be necessary where the employee genuinely agrees to the roster change.

17.3 Where practicable, reasonable notice will be given to casual employees of shift changes or cancellations however a shift may be cancelled or changed at one hour's notice.

18. PUBLIC HOLIDAYS

18.1 Full-time employees and part-time employees who are on either rotating or non­rotating rosters shall be entitled to the following public holidays:

• New Year's Day • Australia Day

• Labour Day • Good Friday

• Easter Monday • Anzac Day

• Western Australia Day • Queen's Birthday

• Christmas Day • Boxing Day

18.2 Part-time employees, who are on non-rotating rosters, shall be entitled to receive the above holidays but only if they normally work on that day. Employees shall be entitled to payment for the hours normally worked on that day.

18.3 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

18.4 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

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18.5

18.6

18.7

18.8

18.9

18.10

18.11

18.12

18.13

18.14

18.15

An employee who works on Christmas Day (25 December) will be paid at triple time for each hour worked. When Christmas Day falls on a Saturday or Sunday the payment will be calculated using the weekend rate for hours worked between midnight on Christmas Eve to midnight Christmas Night. When Christmas Day falls on a weekday the payment will be calculated on the week day rate.

When Christmas Day falls on a Saturday or Sunday, staff required to work on the gazetted public holiday will receive the rate of double time and a half at the weekday rate for hours worked on the gazetted public holiday.

When New Year's Day, Australia Day, Anzac Day or Western Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

When a public holiday is observed by taking another day in lieu thereof, the original holiday will be deemed not to be a public holiday in determining entitlements under this Agreement. The substituted day shall be treated as a public holiday in determining entitlements under this Agreement.

An employee may be required to be on duty, due to the needs of the service, on any of the public holidays listed.

Casual employees shall not be entitled to paid public holidays under this clause but a casual employee required to work on a public holiday, shall be entitled to their ordinary casual rate multiplied by the public holiday penalty rate of double time and one half.

When a full-time or part-time employee is required to be on duty on any public holiday, the employee shall be entitled to payment at the rate of double time and one half for the time worked.

When a public holiday falls on an employee's rostered day off, the employee shall be entitled to an additional one day's pay in lieu for the hours normally rostered on that day.

Subject to sub-clause 18.6 Public Holiday penalties shall be calculated on the weekly rate of pay.

When a full-time or part-time employee is required to be on duty on any public holiday, but takes personal leave (and has accrued entitlement), the employee shall be entitled to personal leave paid at the week rate.

Employees working night shifts will be paid the public holiday rate for the duration of their shift if they commence the shift on the public holiday.

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19. ALLOWANCES

19.1 With the exception of the Kilometre Allowance, the allowances outlined in this clause will be increased at the commencement of each financial year by the CPI (All Groups Australia) (Cat No 6401) as published by the Australian Bureau of Statistics using the September quarter data of each year.

Additional Duties/In Charge Allowance -

19.2 A rostered Disability Support Workers Cert 3 required and approved by their team leader to undertake some but not all of the duties of a Disability Support Worker Cert 4 (where those rosters still exist) whilst remaining in their substantive position will be entitled to an Additional Duties Allowance of $3.50 per hour.

19.2.1 This allowance shall not apply to any employee required to act in a higher position in accordance with clause 21- Higher Duties.

Kilometre Allowance

19.3 An employee, who is required to use their private vehicle on ldentitywa's business shall be reimbursed in accordance with the rates used and reviewed by the Australia Taxation Office.

19.4 Where an employee is required to use their private vehicle on ldentitywa's business, reimbursement rates paid will cover costs incurred by employees including, but not restricted to, petrol and oil, insurance, license fees, depreciation, repairs and maintenance.

19.5 An employee is to be paid for all travel time between services and/or people we support visits.

19.6 An employee who travels in their private vehicle between services and/or people we support visits, is to be reimbursed for the kilometres travelled.

Overnight Allowance

19.7 Employees who choose to support an individual taking a holiday outside their residence and stay overnight shall receive their substantive week rate of pay for their full 8 hour shift plus an Overnight Allowance. This Allowance is equivalent to 4 hours paid at the employee's substantive week rate. The parties agree that this provision be further considered during the life of the Agreement.

20 INFLUENZA, HEPATITIS A AND B VACCINES

20.1 Influenza, Hepatitis A and B vaccines shall be made available in house at no cost to all permanent employees.

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21 HIGHER DUTIES/ ACTING DUTIES

21.1 An employee may be offered the opportunity of acting in a higher position whilst the employee who usually holds that position is on leave.

21.2 ldentitywa will appoint the employee to the higher position on an acting capacity for a minimum of 5 days and will ensure that a variation to the employee's contract is offered and accepted prior to the employee commencing the higher duties.

21.3 Employees may act on a part-time or full-time basis, and whilst acting, they will be working outside their substantive position.

21.4 Employees shall be paid the Level 1 rate of pay for the position in which they are acting, unless the acting position continues for over 12 month, at which time they will be eligible for an increment if applicable to the position.

21.4.1 All other entitlements shall accrue according to the conditions that apply to the employee's substantive position.

22 TRANSFERABILITY OF CLASSIFICATIONS

22.1 Employees shall proceed to the maximum of their salary level by annual increments, after 12 months of continuous service at each increment point, unless they have been subject to formal performance management or disciplinary process that resulted in a recommendation that the annual increment will not be paid.

22.2 The following process shall apply where a formal performance management or disciplinary process results in the non-payment of an annual increment:

(a) the employee will be shown the report prior to completing 12 months continuous service since their last incremental advance.

(b) the employee will be provided with an opportunity to comment in writing.

(c) The employee's comments will be considered immediately by ldentitywa and a decision made as to whether to approve the payment of the increment or withhold payment for a specific period.

(d) Where the increment is withheld for a specified period, ldentitywa will complete a further report before the expiry of the specified period and the above provisions will apply.

22.3 The non-payment of an increment will not change the normal anniversary date of any further increment payments.

22.4 Any dispute regarding ldentitywa's decision to not pay the annual increment may be resolved using the dispute resolution procedure of the Agreement.

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23 TRAINING AND MEETINGS

23.1 Employees are required to attend Workplace First Aid, Medication Administration, Manual Handling and any other compulsory training as nominated by ldentitywa.

23.2 Any fees associated with compulsory training shall be paid by ldentitywa.

23.3 Employee attendance for compulsory training shall be paid for by ldentitywa.

23.4 Employee attendance at all required meetings shall be paid for by ldentitywa at a minimum of 2 hours.

23.5 Permanent staff are required to attend 5 scheduled staff meetings per calendar year.

23.6 Where meetings and training occur during the week in rostered hours, employees will be paid at ordinary time. If the employee would have otherwise been engaged on a shift, the payment will reflect the hourly rate the employee would have received for that shift.

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23.7 Permanent employees shall be informed about cancellation of scheduled staff meetings 48 hours before the start of the meeting. If employees are not informed of the cancellation within this time frame, employees who have confirmed their attendance are entitled to payment for the time allocated to the staff meeting. Staff who confirm their attendance but do not attend will need to provide an explanation as with any absence from employment.

23.8 Employees who normally work night shifts will be paid for attendance at meetings and training at the Disability Support Worker Level 3 rate of pay.

24 SALARY/ REMUNERATION PACKAGING

24.1 Employees including permanent part time employees, other than casual employees or those on a temporary contract of less than three months' duration, may elect to participate in salary packaging arrangements as detailed in the Salary Packaging Handbook.

24.2 These arrangements shall be subject to the following provisions:-

24.2.1

24.2.2

24.2.3

24.2.4

24.2.5

The maximum amount shall be that allowed under the Fringe Benefits Tax legislation where ldentitywa incurs no liability for the payment of Fringe Benefit Tax;

Part time employees shall be entitled to the maximum amount;

ldentitywa shall advise the employee, in writing, that the agreement conditions, other than those varied by this clause, shall continue to apply;

ldentitywa shall provide employees with the choice between two external salary/remuneration packaging administrators. The administration fee is determined by the external administrator and payable by employees directly to the external administrator.

The terms and conditions of the remuneration/ packaging agreement shall be in writing and signed by both ldentitywa and the employee. The terms and conditions shall detail the components of the total remuneration package for the purpose of this Agreement and for the purposes of the time and wages record.

24.3 A copy of the remuneration packaging agreement shall be made available to the employee.

24.4 The employee shall be entitled to inspect details of payments and transactions made under the terms of the packaging agreement.

24.5 The configuration of the remuneration package shall remain in force for the period agreed between the employee and ldentitywa, provided that an employee may withdraw from a salary / remuneration packaging arrangement by giving ldentitywa reasonable notice of intention to withdraw from the end of the next quarter of the financial year.

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24.6 An employee who has previously declined to take up packaging, may, by giving ldentitywa reasonable notice, take up the benefit at any time.

24.7 For the purposes of this clause Gross Annual Salary will include the following components:

24.8

24.9

24.10

24.11

24.7.1

24.7.2

24.7.3

24.7.4

24.7.5

24.7.6

the total of all basic salary amounts

shift and penalty allowances

leave loading

higher duties allowances

overtime payments

additional hours payment

but will exclude the kilometre allowances

In the event that changes in legislation, Income Tax Assessment Act determinations or rulings, particularly in respect of ldentitywa's fringe benefits tax exempt status removes ldentitywa's capacity to maintain the salary packaging arrangements offered to employees under this Agreement, ldentitywa shall be entitled to withdraw from the salary/ remuneration packaging arrangements by giving notice to each affected employee either three months prior to the withdrawal taking place, or notice to have effect from the date that the relevant legislation is to take effect, whichever is the earlier.

In the event of ldentitywa withdrawing from the salary/ remuneration packaging arrangements, the employees will remain on a salary not less than that applicable to the employee's classification under this Agreement.

ldentitywa shall as soon as practicable after being advised of the legislative change referred to in sub clause 24.8 hereof, advise United Voice and employees and shall convene a meeting of the parties with a view to reaching an alternative agreement on salaries and salary benefits.

In the event that consensus on the terms of a replacement agreement cannot be reached it shall be open to the parties to seek cancellation of this clause and/or refer the matter to the Western Australian Industrial Relations Commission for conciliation.

25 SUPERANNUATION

25.1 ldentitywa shall contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 (Commonwealth) the Superannuation Guarantee Charge Act 1992 (Commonwealth) and the Superannuation (Resolutions of Complaints) Act 1993 (Commonwealth) as varied from time to time.

25.2 ldentitywa's legislative obligations in relation to superannuation shall be met by:

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(i) notifying employees of their entitlement to nominate a complying superannuation fund or scheme into which they wish to have their contributions paid; and

(ii) making the required contribution into the employee's nominated fund or scheme; or

(iii) making the required contribution into Catholic Super as the default superannuation fund if the employee does not exercise his or her option to nominate a preferred fund or scheme.

25.3 ldentitywa and the employee are bound by the nomination made by the employee pursuant to sub-clause 25.2 unless they mutually agree to change the complying fund or scheme to which the contributions are to be made. ldentitywa will not unreasonably refuse a request by an employee to change the nominated complying superannuation fund or scheme.

25.4 ldentitywa shall contribute 9.5% of ordinary time earnings to the relevant fund on behalf of each employee, or at the minimum statutory requirement as amended from time to time.

25.5 In addition to the contribution outlined in clause 25.4 an extra 1% will be added to the contributions for those employees who have completed 15 or more years of continuous service.

25.6 ldentitywa's contributions to the nominated complying superannuation fund or scheme will continue whilst a member is absent on paid leave such as annual leave, long service leave, public holidays, personal leave and compassionate leave.

25.7 ldentitywa's contributions to the relevant fund shall be paid on a monthly basis.

25.8 For the purposes of this Agreement the contributions made on an employee's behalf shall be calculated on the employee's gross rate of pay (i.e. the pre-packaged amount) excluding overtime payments.

26 ANNUAL LEAVE

26.1 Full time employee shall accrue a period of four weeks' annual leave for each period of 12 months' continuous service. This leave shall accrue on an hourly basis.

26.1.1 Subject to sub-clause 15.7, part-time employees are entitled to annual leave on a pro rata basis.

26.2 Additional Annual Leave for Shift Workers: Employees who are regularly rostered for duty on a rotating roster shall receive one additional week's annual leave per annum.

26.3 Where an employee is absent on workers' compensation they will continue to accrue leave under this clause.

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26.4 The parties to this Agreement believe that it is important for all employees to take annual leave on a regular basis to ensure that employees are sufficiently rested and have the opportunity to balance work, family and recreational interests. Employees can take annual leave at a time that is mutually agreed taking into account ldentitywa's operational requirements. ldentitywa will not unreasonably refuse the taking of annual leave.

26.5 Employees wishing to take leave shall apply in writing.

26.5.1 ldentitywa shall make a decision and respond to an employee's written request within 14 days.

26.6 Employees who have accrued the equivalent of a year's annual leave shall take that leave in the following year unless approval to defer the leave is granted by the Manager. Where excessive amounts of annual leave are accrued the Manager in consultation with the employee will establish a leave plan for the taking of the accrued annual leave. The leave plan will be in accordance with the operational requirements of the organisation and the requirements of the Minimum Conditions of Employment Act 1993.

26.7 An employee will be given at least 4 weeks' notice of a requirement to take annual leave.

Payment for Leave and Leave Loading

26.8 During a period of annual leave an employee shall receive a loading of 17.5 %

calculated on their base weekly rate of pay, or the equivalent of the average shift penalties over the employee's normal roster cycle, for the period of leave taken, whichever is the higher amount of the two.

26.9 Annual leave pay and leave loading will be paid on normal paydays during the period of leave. Employees may request, in writing, leave loading and annual leave pay to be paid in advance on the payday immediately prior to the commencement of leave.

26.10

Payment on Termination

On termination of employment any accrued annual leave not taken shall be paid out to the employee.

27 LONG SERVICE LEAVE

27.1 Full time employees are entitled to thirteen weeks long service leave after each seven years of continuous service. This leave shall accrue on an hourly basis. Part­time employees are entitled to the above leave on a pro-rata basis.

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27.2 For the purposes of determining an employee's long service leave entitlement, the expression 'continuous service' includes any period during which the employee is absent on paid approved leave, but does not include:

27.2.1

27.2.2

any period of unpaid leave which exceeds 14 continuous calendar days.

any period of absence on workers' compensation which exceeds 4 weeks in a continuous period.

27.3 A lump sum payment for pro rata long service leave shall only be made to an employee who has completed 3 years continuous service at the date of termination and satisfies any of the following criteria:

27.3.1

27.3.2

27.3.3

an employee who retires at or over the age of 55 years;

an employee whose retirement on the grounds of ill health is approved by ldentitywa;

an employee who is made redundant.

27.4 In the case of the death of an employee, payment for pro rata long service leave shall only be made ifthe employee had completed no less than 12 months' service as at the date of their death. Payment of entitlements shall be made to the Estate or beneficiaries, as required by law.

27.5 Where any period of part-time employment has occurred during the qualifying period, long service leave shall be paid at a rate based on the average hours worked per week during the qualifying period. Where an employee's ordinary hours have changed during the qualifying period, a reduced period of leave, but not less than 4 weeks, may be taken in order to match the rate of pay at the time of taking the leave.

27.6 Where an employee becomes entitled to a period of long service leave, the leave will be granted and taken subject to agreement between ldentitywa and the employee, as soon as reasonably practicable after it becomes due. In any event long service leave must be granted or taken within 2 years of the date of accrual. The leave shall be taken in one continuous period, or if ldentitywa and the employee agree, in separate periods of not less than one week.

27.7 Employees wishing to take long service leave should apply in writing at least one month prior to the commencement of leave.

27.8 If after 12 months from the date that the long service leave becomes due, ldentitywa and the employee have not agreed as to when the employee is to take the leave, then upon giving 2 months' notice in writing, ldentitywa can require the employee to take leave, or the employee can request to take leave.

27.9 An employee shall not, during any period when they are on long service leave, engage in any employment for reward in substitution for the employment from which they are on leave.

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27.10

27.11

27.12

27.13

Any public holiday occurring during the period in which an employee is on long service leave will be treated as part of the long service leave and no additional leave will be granted.

For periods of 4 weeks or more, employees may elect to take double the period of leave at half the rate of pay.

Provided that a minimum of 4 weeks is taken as leave, any portion of the remainder of long service leave entitlements may be taken as a cash payment in lieu of the leave, payable at the time the leave is taken.

In cases of financial hardship or in extenuating circumstances ldentitywa may agree to long service leave being paid out in cash rather than taken as leave.

28 PERSONAL/CARER'S LEAVE

28.1 Full time employees are entitled to 95 hours paid personal/carer's leave per year (accumulative), accrued on an hourly basis.

28.2 Where an employee is absent on workers' compensation they will continue to accrue leave under this clause.

28.3 Part time employees are entitled to the above leave on a pro-rata basis.

28.4 There shall be no payment of unused entitlements of personal/carer's leave on retirement or termination.

28.5

28.6

28.7

28.8

28.9

28.10

28.11

An employee is entitled to paid personal leave if he/she is not fit for work because of personal illness or injury. Paid personal leave is deducted from an employee's accrued entitlement to paid personal/carer's leave.

Where an employee cannot attend work due to illness or injury and does not have sufficient personal leave credits to cover the period absent, the employee shall be deemed to be on personal leave without pay. However, an employee may apply to utilize annual leave or long service leave credits to cover the period of personal leave without pay.

An employee who cannot work due to illness or injury shall advise ldentitywa as soon as possible of their absence and the expected duration of their absence.

Personal/carer's leave will be paid at the rate of pay of the rostered shift.

Up to a maximum of 19 hours of the personal leave accrued in sub-clause 28.1 is available for emergencies in each 12 month period.

Any absence exceeding three consecutive working days or five working days per financial year must be supported by medical evidence or statutory declaration.

Carer's Leave

An employee with day-to-day responsibilities in relation to either members of their immediate family or members of their household who need their care and support is entitled to use up to 76 hours per annum of their personal leave entitlement to provide care and support.

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28.12

28.13

The employee must provide proof of the need for care and support required to ldentitywa, if requested.

In normal circumstances an employee must not take personal carer's leave where another person has taken leave to care for the same person.

29 COMPASSIONATE LEAVE

29.1 An employee will be entitled to 3 days of paid compassionate leave - per occasion - in the event of a death or serious personal illness or injury to a member of the employee's household or immediate family. This leave is in addition to any annual or personal leave owing to the employee.

29.2 Part time employees are entitled to the above leave on a pro-rata basis.

29.3 Immediate family includes spouse, de facto partner, child, step-child, parent, step­parent, grandparent, in-law relative (including through de facto relationships), grandchild and sibling of the employee or any other person who lives with the employee as a member of the employee's household.

29.4 In instances where compassionate leave is sought for anyone other than the above, this leave will be unpaid and permission to leave work must be granted from the appropriate Manager, or alternatively, without loss of pay and the employee shall make arrangements to make up the lost time.

30 PARENTAL LEAVE

30.1 The provisions of parental leave are set out in Schedule 2 which is attached to this Agreement.

30.1.1 The provisions of Schedule 2- Parental Leave are binding on the parties to this Agreement.

30.2 The provisions of Schedule 2 - Parental Leave are in accordance with the legislative requirements of the National Employment Standards as outlined in the Fair Work

Act 2009. *

30.3 In addition to the provisions of this clause, an employee who qualifies for Parental Leave in accordance with this clause is entitled to 4 weeks' paid Parental Leave at their substantive ordinary rate of pay. This may be taken at any time during the leave period.

* See sections 743 to 747 of the Fair Work Act 2009 which extend the provisions of parental leave to non-national system

employees.

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31 FAMILY AND DOMESTIC VIOLENCE LEAVE

General Principle

31.1 ldentitywa recognises that some employees might be exposed to or experiencing domestic violence in their life. In order to support employees through such difficult times ldentitywa is committed to provide support in form of leave, flexible working arrangements and access to support services. ldentitywa is strongly committed to the safety and wellbeing of its employees, clients and their families.

Definition

31.2 For the purposes of this clause ldentitywa accepts the definition of family and domestic violence contained in the Restraining Orders Act 1997 (WA).

General Measure

31.3 Proof of family violence may be required and can be in the form of an agreed document issued by the police service, a court, a doctor, district nurse, infant health care nurse and a family violence support service or lawyer.

31.4 All personal information concerning family and domestic violence will be kept confidential in line with relevant legislation. No information will be kept on an employee's personnel file without their express written permission.

31.5 No adverse action will be taken against an employee if their attendance or performance at work suffers as a result of experiencing family violence.

31.6 ldentitywa will provide referrals to the employee assistance program as well as to specific existing family domestic violence support services in the community.

Leave

31.7 An employee experiencing family and domestic violence may request access to their existing leave entitlements to attend to matters arising out of an incident of family or domestic violence. The determination of the type of leave, including special leave, that may be accessed and the approval of the leave application will be at the discretion of the CEO. In determining the type of leave that will be approved the CEO will take account of the need of employees in a family or domestic violence crisis.

32 RELIGIOUS OR CULTURAL CUSTOM, TRADITIONAL LAW ANO CEREMONIAL LEAVE

32.1 ldentitywa will endeavour to recognise the religious or cultural custom, traditional law and ceremonial leave obligations of employees. This may be achieved by exchanging a Christian holiday for another holiday at no loss to ldentitywa or the employee, or ldentitywa granting up to three days leave with pay per calendar year (at ordinary rates) where an exchange is not practicable.

32.2 An employee shall give at least 4 weeks' notice in writing to ldentitywa of any request for exchange of public holidays or the taking of leave with pay for religious or cultural custom, traditional law and ceremonial leave.

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33 JOURNEY COVER

33.1 Journey cover insurance benefits are to be provided by ldentitywa for employees travelling to and from work by their ordinary route and using their normal mode of transport.

34 JURY DUTY

34.1 Employees required to attend for jury service during their ordinary working hours will be paid the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.

34.2 An employee required to attend for jury service will notify ldentitywa as soon as possible of the date upon which they are required to attend for jury service.

34.3 An employee will provide ldentitywa documentary proof of the requirement to attend and the duration of such attendance.

34.4 If an employee is required to attend jury service on a day when rostered for a night shift or afternoon shift they will not be required to work and will receive their ordinary rate of pay.

35 LEAVE WITHOUT PAY

35.1 An employee who has completed not less than 12 months' continuous service shall be eligible to take up to four weeks' leave without pay during each period of 12 months operating from 1 July to 30 June each year. Leave without pay is non-accumulative.

35.2 Leave without pay may only be taken in blocks of a week's duration to a maximum of 4 weeks. An application for leave without pay must be completed allowing for a minimum of 4 weeks' notice. There may be no early return from leave without pay.

35.3 Leave without pay for a period longer than 4 weeks may be granted at the discretion of the CEO.

35.4 Leave without pay may only be taken when an employee has used all other paid leave to which the employee is entitled.

35.5 Leave without pay may be taken at a time which is mutually convenient to both the employee and ldentitywa. However, ldentitywa reserves the right to determine the timing of the taking of leave without pay where there is disagreement. The granting of leave without pay is a managerial decision.

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36 SIGNIFICANT CHANGE 36.1 Employees and United Voice (where it affects more than 10 employees}

shall have the opportunity to consulting with management over proposed changes of significant nature. Those changes would not include issues of a routine nature such as individual roster changes or minor variations in duties of work practices.

36.1 This term applies if ldentitywa:

(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

36.2 For a major change referred to in paragraph 36.l(a}:

(a} ldentitywa must notify the relevant employees of the decision to introduce the major change; and

(b} subclauses (3} to (9} apply.

36.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.

36.4 If:

(a} a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b} the employee or employees advise ldentitywa of the identity of the representative;

ldentitywa must recognise the representative.

36.5 As soon as practicable after making its decision, ldentitywa 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 ldentitywa 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

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(iii} any other matters likely to affect the employees.

36.6 However, ldentitywa is not required to disclose confidential or commercially sensitive information to the relevant employees.

36.7 ldentitywa must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

36.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of ldentitywa, the requirements set out in paragraph (2}(a} and subclauses (3} and (S} are taken not to apply.

36.9 In this term, a major change is likely to have a significant effect on employees if it results in:

36.10

36.11

36.12

(a} the termination of the employment of employees; or

(b) major change to the composition, operation or size of ldentitywa'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

For a change referred to in paragraph (l}(b}:

(a) ldentitywa must notify the relevant employees of the proposed change;and

(b) sub-clauses (11) to (15} apply.

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

If:

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

(b} the employee or employees advise ldentitywa of the identity of the representative;

ldentitywa must recognise the representative.

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36.13 As soon as practicable after proposing to introduce the change, ldentitywa must:

36.14

36.15

36.16

(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 ldentitywa reasonably believes will be the effects of the change on the employees; and

(iii) information about any other matters that ldentitywa 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).

However, ldentitywa is not required to disclose confidential or commercially sensitive information to the relevant employees.

ldentitywa must give prompt and genuine consideration to matters raised about the change by the relevant employees.

In this term:

"relevant employees" means the employees who may be affected by a change referred to in subclause 36.1

37 REDUNDANCY

37.1 Where a position is no longer required, ldentitywa will discuss the matter with the employee concerned and their nominated representative. The discussion will occur as soon as practicable after a definite decision has been made.

37.2 Where a position is made redundant, an employee may be transferred to a position with the same ordinary rate of pay. Where no such position can be found, a position at a lower rate of pay may be offered.

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Severance Payment

37.3 Where suitable alternative employment cannot be found within the workplace employment will be terminated on the grounds of redundancy the following severance payment will be made:

Period of continuous service Severance pay

3 years and less than 4 years

5 years and less than 6 years

fryearsandtessthan.7},ears

7 years and less than 8 years 13 weeks' pay

8 years and lessthan 9\lears, 14Weeks'pay

9 years and less than 10 years 16 weeks' pay

10 years and over 16 weeks' pay

37.4 In addition to the above severance payment, a period of notice will be given as detailed in the Termination of Employment clause.

37.5 An employee may terminate his or her employment, during the period of notice, without affecting entitlement to the severance payment.

37.6 During the period of notice the employee shall be allowed up to 8 hours off time off duty without loss of pay for the purpose of seeking other employment. Proof of attendance at interviews may be required.

37. 7 These provisions shall not apply where employment is terminated due to conduct that justifies instant dismissal (eg. neglect of duty), or for employees engaged for a specific period or a specific task, or for casual employees.

38 TERMINATION OF EMPLOYMENT ldentitywa Giving Notice

38.1 The period of notice to be given by ldentitywa to terminate the contract of service of a part-time or full-time employee is as follows:

Period of continuous service Period of notice

Less than 3 years

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

5 years an.dover weeks

38.2 In addition to the notice period in sub-clause 38.1, employees over 45 years

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of age with not less than 2 years' continuous service at the time of termination shall be entitled to an additional one week's notice.

38.3 Where the full period of notice is not given, payment in lieu will be made for all of the remaining period of notice. Payment in lieu of notice will be calculated in accordance with the base contracted hours the employee would have worked during the period of notice.

38.4 Casual employees may be terminated with one hour's notice, or payment in lieu of notice.

Employee Giving Notice

38.5 Full-time and part-time employees are required to give two weeks' notice to ldentitywa in writing. If an employee fails to give notice ldentitywa shall have the right to retain moneys due to employee for the period of notice not given. Casual employees are required to give one hour's notice to ldentitywa.

Certificate of Service

38.6 Upon termination of employment, the employee may request a certificate of service, which details:

38.6.1

38.6.2

38.6.3

38.6.4

38.6.5

employee's name;

period of employment;

title of position held at termination;

salary at termination; and

nature of work (including number of volunteers supervised)

38.7 The certificate includes ldentitywa's letterhead and signed and dated by an authorised Manager of ldentitywa.

38.8 Nothing in this Agreement shall restrict ldentitywa's right to summarily dismiss an employee for misconduct, and in such case wages shall be paid up to the time of dismissal only.

39 DISPUTE RESOLUTION PROCEDURES

39.1 The parties to this Agreement will endeavour to provide fast and effective resolution of questions, disputes or difficulties which may arise. United Voice recognises the right and responsibility of ldentitywa to provide uninterrupted and efficient services to individuals and their families. ldentitywa recognises the rights and responsibilities of United Voice to represent its members in compliance with its rules.

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39.2 Any question and/or dispute that arises between the parties under this Agreement will be addressed in the following manner:

39.2.1

39.2.2

39.2.3

39.2.4

In the first instance the employee shall raise the issue with the person concerned and attempt to resolve the issue amongst themselves.

Should a resolution not be possible, the parties concerned with raise the issue with the team leader.

Should the dispute remain unresolved, the parties will take their concerns to the Area Manager and/or Manager Services.

If the Manager is unable to resolve the dispute, the issue will be referred to the Chief Executive Officer.

39.3 At all steps United Voice can be involved to advise and represent the employee(s) concerned.

39.4 ldentitywa shall, as soon as practicable after considering the matter before it, advise the employee(s), or where necessary United Voice, of its decision.

39.5 If the negotiation process is exhausted without the dispute being resolved, the parties, having conferred among themselves and having made reasonable attempts to resolve the question, dispute or difficulty, may jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute by conciliation and/or arbitration.

39.6 While the matters in dispute are subject to the procedures in this clause, the status quo prior to the dispute shall remain in place.

39.7 At any stage of the dispute resolution procedures an employee may have a union or another person represent them.

40 DELEGATES' RIGHTS

40.1 An employee who, pursuant to the constitution and general rules of United Voice is appointed or elected to the position of Delegate, shall be recognised as such by ldentitywa and shall be allowed all reasonable time without loss of pay during working hours to attend to industrial matters on site or any industrial relations conferences or hearings directly related to the particular delegate's duties.

40.2 The employee shall not be entitled to payment for a delegate's duties conducted outside their normal working hours.

40.3 ldentitywa shall, where possible, allow reasonable access to telephone, email and facsimile facilities and shall also ensure privacy.

40.4 A United Voice delegate's rights shall not be exercised during working time to the detriment of the employee's responsibilities in providing direct care to people we support and their families ..

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40.5 As a group, United Voice delegates will be provided with a maximum total of 60 days per calendar year paid time to participate in and attend accredited United Voice education, training and events.

40.6 The 60 days allocated to delegate training will not include attendance at negotiation meetings for a new Agreement and/or consultative committee meetings.

40.7 The total maximum of 60 days is to be allocated amongst delegates at the discretion of delegates in conjunction with United Voice.

40.8 Sufficient prior notice of a delegate's intention to use part of the 60 days allocated to delegate training must be given to allow ldentitywa to make necessary arrangements to cover any absence from duty.

41 CONSULTATIVE COMMITTEE

41.1 A Consultative Committee consisting of a maximum of six union delegates will meet at least once every three months from the signing of this Agreement to discuss its effectiveness and any other relevant issues.

41.2 The Consultative Committee may make recommendations to Management and develop proposals for the next agreement.

42 UNITED VOICE ACCESS TO INDUCTIONS

42.1 ldentitywa shall, when holding induction session for new employees, provide United Voice with the date of the induction and the number of new employees attending at least seven days before the scheduled date of the induction session.

42.2 ldentitywa shall allow United Voice 20 minutes to address new employees at the induction session without Management present scheduled immediately following the lunch break.

43 PAYMENT OF UNION FEES- DIRECT DEBIT FACILITY

Where the employee authorises ldentitywa to do so, ldentitywa shall send to United Voice within one pay period, the employee's details and permit the establishment of a direct debit arrangement for the payment of the employee's union fees.

44 UNITED VOICE DISCUSSION WITH EMPLOYEES

On prior notice to ldentitywa, United Voice shall be permitted to attend staff meetings to discuss: the organising and set up of the Consultative Committee; the establishment of a negotiation Committee and Log of Claims for the next Agreement bargaining period; and to consult about significant change or address grievances and disputes in accordance with clauses 36 and 39.

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45 SIGNATURES OF PARTIES

Signed for and on behalf of

ldentitywa:

Roman Catholic Archbishop of Perth

Date:

Signed for and on behalf of

United Voice WA

~(-~ .?.(W~.~~ ...... f. .......................................... . carolyn Smith

Secretary

) Date:

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In the presence of:

;;;~::~~;;~ ······· Print Name

·t Lazberger Jent n\~~ ArchbishOP

EA o . h rch ott,ce catnollc f ~e Terrace 249 Ade a1WA 6000

pERT\-1

In the presence of:

~ '~ \.__\N"" Signed ~" ........................ . .............................................. .

Witness Signature

...... .. ........ ~ .. ~~L. .... yv{-(fl_~ .........

Print Name

SCHEDULE 1-RATES OF PAY

LEVELS HOURLY RATE AT 1 JULY2016

WEEK Disability Support Workers & Night Staff Level 1 $ 20.97 Level2 $ 21.70 Level3 $ 24.13 Level4 $ 25.62 Level 5 $ 25.81 Level6 $ 26.27 Level 7 $ 27.03 Level8 $ 28.41 Level9 $ 29.75 Level 10 $ 33.10

Family Support Workers Level 1 $ 24.13 Level2 $ 25.12 Level 3 $ 25.74 Level4 $ 26.39 Level5 $ 26.97 Level6 $ 27.63 Level? $ 28.91

Existing position classifications with definition provided

Disability Support Worker (DSW)

DSW Level 3-6

WEEKEND

$ 30.45 $ 31.50 $ 35.02 $ 37.19 $ 37.45 $ 38.13 $ 39.23 $ 41.23 $ 43.18 $ 48.04

$ 35.02 $ 36.47 $ 37.37 $ 38.29 $ 39.09 $ 40.07 $ 41.95

Disability Support Worker working under the supervision and guidance of a Team Leader. Starting point level 3 have no or limited experience working in the disability field. An employee starting at this point will work in shared living within already established routines with the support of a House Senior. • Duties include; To assist in all aspects of daily living and activities e.g. assist individuals in their

daily routine and personal hygiene (including toileting, bathing/showering), actively support

individuals using a person centred approach and as per the Individual Care Plan

• Actively assist with community access and building and maintaining relationships and social

networks

• Being familiar and compliant with National Disability Standards, organisational policy and

procedures, code of conduct and the core values of ldentitywa.

The employee will gain relevant experience and attends orientation and induction as well as

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additional training session within the first 3 months of probation. Level 4 second year based on annual performance review Level 5 after completion of a certificate 3 in individual support and/or others relevant qualifications and based on performance Level 6 certificate 3 and or other relevant qualifications as well as based on annual performance review

DSW Level 7-9

Starting at level 7 the employee has a minimum of 5 years' of relevant experience working in the disability field with the qualification of the certificate 4 in individual support and/or equivalent qualifications and working under the supervision of the Team Leader. Duties include: to work and actively engage in a person centred context with individuals within their home and/or respite service as well as in the community. To actively support individuals in all aspects of daily living, personal care, skill development, relationship building and participation in community. Employees are;

• Compliance with National Disability Standards, organisational policy and procedures, code of

conduct and working within the core values of ldentitywa.

• Assess individuals needs and develop individual plans and goals in accordance with the personal outcome measures to meet those needs and identified goals

• Ensure individual plans are implemented appropriately in collaboration with the person

Level 8 based on annual performance review Level 8; Disability Support workers starting at level 8 do have specialised training or qualifications e.g. human services, health and social care and associated experience in e.g high care needs, Positive Behaviour, Autism, mental health and dual diagnosis, dementia, end of life care and/or other relevant training and qualifications. The employees demonstrate key skills and knowledge in any of the above specialised task and training. Level 9; based on annual performance review and/or additional training e.g. acting opportunities. These support workers must be experienced in supporting people with complex needs.

House Seniors- Level 10 Employees at this level have a certificate 4 in disability and/or equivalent. As part of the team in shared living House Seniors provide active support to individuals to reach their full potential. House seniors are competent in delivering the administrative and rostering of the team in shared living, in addition to the daily routines and active support to individuals. House Seniors do at times organise and support students on placements and/or volunteers.

Night staff- Level 2 and Level 6 Disability Support Workers employed as night staff require a certificate 3 in individual support, disability or equivalent. The night staff are classified into 2 groups; Level 2; employees who are allowed to sleep parts of the night shift and Level 6; night staff are required to be awake during the night shift to attend to the support needs of individuals in shared living. This is often supporting people with complex needs. Duties include but not limited to; actively support individuals with their evening/morning routines,

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attend to any health issues and medication administration, if required. Night work can involve additional quiet duties which the team during the day was unable to attend to (e.g. ordering of stationary, stocktake, reports, ironing, cleaning).

Family Support Worker (FSW)

Family Support Worker working under the guidance and supervision of a team leader actively supporting individuals in the community and/or in their own home. A family Support Worker works semi independently, will be capable of making decisions and exercise discretion within established policy and guidelines.

• Provide individualised support in collaboration with the family member and/or caregivers.

• Ensure individuals participate in skill development activities of their choice and relationship building, both within the home and in the community to meet individual needs and identified goals.

FSW Level 1-3 Level 1- Entry level for this role with part experience e.g. recreational camps, volunteering in community work or current studies with placements in related field (e.g. allied Health, education, youth, mental health). Moving to the next level of pay rate is based on annual performance review including satisfaction surveys.

FSW Level 4-6 A minimum of 3 years of experience in working with people with disability and their families in home or community setting. The employees have specialised skills and knowledge (e.g Auslan, sensory training, recreation and disability).They are required to use specialist skills to support people with complex needs and their families. Moving to the next levels of pay rate is based on annual performance review including satisfaction surveys.

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SCHEDULE 2- PARENTAL LEAVE

For the purposes of this clause:

a. Adoption related leave means leave of either of the following kinds:

i. Unpaid parental leave taken in association with the placement of a child for adoption; or

ii. Unpaid pre-adoption leave.

b. An employee shall include a full-time, part-time or eligible casual employee.

c. An eligible casual employee is an employee who has been engaged on a regular and systematic basis with ldentitywa during a period of at least 12 months and - but for the expected birth or adoption of a child -would have a reasonable expectation of continuing engagement with ldentitywa on a regular and systematic basis.

d. Birth related leave means leave of either of the following kinds:

i. Unpaid parental leave taken in association with the birth of a child; or

ii. Special maternity leave.

e. Concurrent leave is leave taken by an employee who does not qualify for birth or adoption related leave Which complies with the following requirements:

i. Concurrent leave must not be longer than 8 weeks in total;

ii. Concurrent leave may be taken in separate period but unless ldentitywa agrees each period must not be shorter than 2 weeks;

iii. Unless ldentitywa agrees the concurrent leave must not start before:

1. If the leave is birth-related - the date of birth of the child; or

2. It the leave is adoption-related leave - the day of placement of the child; and

iv. Concurrent leave may be taken at any time within 12 months subsequent to either the date of birth or date of placement of the child and as agreed with ldentitywa.

f. Day of placement in relation to the adoption of a child by an employee means the earlier of the following days;

Parental Leave

i. The day on which an employee first takes custody of the child for adoption; or

ii. The day on which an employee starts any travel that is reasonably necessary to take custody of the child for adoption.

g. In accordance with National Employment System legislative entitlements, after twelve months' continuous employment employees (including eligible casual employees) will be entitled to a combined total of unpaid Parental Leave of 52 weeks on a shared basis to enable an employee to give birth to a child and/or care for a newborn or newly adopted child subject to:

i. Employees shall have the option to extend parental leave to a maximum of 104 weeks; and

ii. The provisions of Schedule 2 - Parental Leave, sub-clause (u) apply to all

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pregnant employees regardless of their length of service.

h. Employees who have been employed for at least a 12-month period by the date of birth or day of placement of a child, are entitled to parental leave and to work part-time in connection with the birth or adoption of a child.

i. An employee is entitled to 12 months of unpaid parental leave if the employee will have a responsibility for the care of the child and the leave is associated with:

i. The birth of that child either by the employee or the employee's spouse or de­factor partner; or

ii. The placement of that child with the employee for adoption.

j. Subject to Schedule 2 - Parental Leave, sub-clause (g) Parental leave must be taken in a single continuous period except in the event that an employee first takes concurrent leave and then later takes a period of parental leave to fulfill the role of primary care giver to the child.

k. If parental leave is birth related leave for a female employee who is pregnant or gives birth to the child, the period of leave may start up to 6 weeks before the expected date of birth of the child.

i. The parental birth related leave must not start later than the date of birth of the child.

I. If the leave is adoption related leave the period of leave must start on the day of placement of the child.

m. The period of leave may start at any time within 12 months after the date of birth or day of placement of the child if:

i. The employee has a spouse or de-factor partner who is not an employee; and

ii. The spouse or de-facto partner has a responsibility for the care of the child for the period between the date of birth or day of placement of the child and the start date of the employee's leave.

n. At least ten weeks prior to the expected start date of parental leave, an employee must give ldentitywa notice, in writing of:

i. The expected date the employee will begin maternity leave; and

ii. The period of leave to be taken.

o. At least 4 weeks before the intended start date of parental leave, the employee must confirm the intended start and end dates of the leave with ldentitywa and advise of any changes to the period of leave.

p. To be entitled to concurrent leave an employee must give ldentitywa a written application for concurrent leave stating the first and last days of the period of leave at least:

i. 10 weeks prior to the first period of concurrent leave;

ii. If concurrent leave is to be taken in separate periods then 4 weeks before starting the subsequent period/s of leave; or

iii. If the is not practicable - as soon as practicable, which may be after the leave has started.

q. An employee must provide a medical certificate from a registered medical practitioner

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); ' \ J

' I iA y

certifying she is fit to work if she chooses to work:

i. Within the six week period before the expected due date of the child; or

ii. In the six week period after the birth of the child.

r. Should the birth of the child occur earlier than expected, an employee will not be in breach of any of the notice or evidential requirements.

s. If, in the opinion of registered medical practitioner, an employee is at risk of illness or hazard due to the type of work the employee engages in, the employee shall be transferred to a safe job.

i. The conditions and ordinary rate of wage the employee was entitled to before the transfer will apply for the hours worked by the employee in the safe job.

ii. If the transfer to a safe job is not practicable, the employee is entitled to no safe job leave paid at the employee's base rate of pay for the employee's ordinary hours of work as is certified necessary by a registered medical practitioner. No safe job leave is paid leave if the employee has completed 12 months' continuous service and is unpaid leave if the employee has not completed 12 months' continuous employment.

Extending the period of parental leave

t. If the employee has not provided ldentitywa with notice of their intention to take the full entitlement of parental leave (52 weeks), the employee may extend their period of leave by providing ldentitywa with written notice 4 weeks before the end date of the original leave.

i. The employee may request the extension of the period of unpaid parental leave of up to 104 weeks in total by providing a written request to ldentitywa at least 4 weeks before the end date of the original leave period.

ii. ldentitywa must give the employee a written response to the request stating whether ldentitywa grants or refuses the request as soon as practicable and not later than 21 days after the request is made.

u. The entitlement to parental leave is reduced by any period of parental leave taken by the employee's spouse or de facto partner in relation to the same child.

v. The period of parental leave may, with the consent of ldentitywa, be shortened by the employee.

Special Maternity Leave

w. Maternity leave that has been applied for, but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

i. If the pregnancy terminates after 28 weeks, the employee shall be entitled to paid personal leave and if the employee does not have any accrued entitlement to paid personal leave unpaid leave as recommended by a registered medical practitioner.

x. Such unpaid leave shall be known as special maternity leave.

y. In addition to special maternity leave, an employee is entitled to paid personal leave during this time should illnesses, other than the normal consequences associated with the termination of a pregnancy, occur and to the extent which a registered medical practitioner deems necessary.

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z. Where the pregnancy of an employee terminates, other than by the birth of a living child, when she has commenced maternity leave, the employee has the right to return to work - on a date and time determined by ldentitywa - within four weeks from the date the employee gave notice to ldentitywa that she intends to resume work.

aa. Where an employee who has not yet commenced maternity leave suffers illness related to her pregnancy, she may:

i. Take any paid personal leave to which she is entitled; and

ii. Any additional unpaid leave to the extent which a registered medical practitioner deems necessary.

bb. The aggregate of paid personal leave, and parental leave shall not exceed 104 weeks. Special maternity leave does not reduce the total amount of unpaid parental leave.

Returning to work after parental leave

cc. An employee returning to work after parental leave (including special maternity leave) shall be entitled to the position which the employee held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job, to the position the employee held immediately before such transfer.

i. Where such position no longer exists but there are other positions available, for which the employee is qualified, the employee shall be entitled to a position as comparable in status and wage to that of their original position.

Parental leave and other entitlements

dd. An employee may, in conjunction with maternity leave, take any annual leave or long service leave to which the employee is entitled provided the paid leave does not break the continuity of the period of unpaid parental leave.

ee. Absence on parental leave shall not affect the continuity of service of an employee.

ff. Absence on parental leave shall not be taken into account in calculating the period of service for any purpose of this Agreement.

gg. An employee on parental leave may terminate their employment at any time during the period of parental leave in accordance with the notice provisions outlined in this Agreement.

hh. ldentitywa shall not terminate the employment of an employee on the ground of pregnancy or of absence on parental leave.

Right to Request

ii. An employee entitled to parental leave may request ldentitywa to allow the employee:

i. To extend the period of unpaid parental leave provided for by a further continuous period of leave not exceeding 24 months in total;

ii. To return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.

jj. ldentitywa shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities,

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may only refuse the request on reasonable grounds related to the effect on the workplace or ldentitywa's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on resident services.

i. The employee must make the request in writing at least four weeks before the end of the available parental leave period.

ii. ldentitywa must respond to the request as soon as practicable and no later than 21 days after the request is made.

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Schedule 3 - SUMMARY OF EFFECTS OF LEAVE ON OTHER ENTITLEMENTS

The effect of leave on other entitlements shall be as set out hereunder:

LEAVE GRANTED

LONG SERVICE LEAVE

ANNUAL LEAVE

PERSONAL LEAVE FULL~ PAY HALF-

PERSONAL LEAVE WITHOUT

PAY

PARENTAL LEAVE

WORKERS COMP.

*refer below

LEAVE WITHOUT PAY

SALARY INCREMENTS

Does not affect salary increment dates

Does not affect salary increment dates

Does not affect sal~ryincrement dates

Personal leave without pay which exceeds 14 days in a continuous period does not count as qualifying service

Parental Leave does not count as qualifying service

Absences on Workers' Compensation

Leave without pay does not.count as

qualifying service.

PERSONAL LEAVE

Does not affect

personal leave

Does not affect personal leave

Does not affect the anniversary date of personal leave

Personal leave without pay which exceeds 14 days in a continuous period does not count as qualifying service

Parental Leave does not count as qualifying service

Absences on Workers' Compensation

Leavewithout pay does not count as qualifying service.

LONG SERVICE LEAVE

Does not affect long ~ervice leave credits

Does not affect long service leave entitlements

Does not affect long service. leave entitlements

Personal leave without pay which exceeds 14 days in a continuous period does not count as qualifying service

Parental Leave does not count as qualifying service

Absences on Workers' Compensation

Leave without pay which exceeds 14 days in a continuous period does not count as qualifying

· ,pn,j('p

ANNUAL LEAVE

Does not affect annual leave entitlements

Does not affect annual leave entitlements

Does not affect annua1Ieave entitlements

Sick leave without pay which exceeds 14 days in a continuous period does not count as qualifying service

Parental Leave does not count as qualifying service

Absences on Workers Compensation service

Leave without pay does not count as ·

qualifying service.

"Absences on Workers' Compensation" means any period of incapacity where the injured worker is receiving compensation payments (paid by the insurer), and either absent from work or participating in an injury management program e.g. return to work program with restricted duties or vocational rehabilitation.

* The Schedule may vary according to changes under new Workers Compensation Legislation.

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