DISABILITIES SERVICES AWARD T HIS IS A CONSOLIDATED A WARD OF THE I NDUSTRIAL R ELATIONS C OMMISSION OF S OUTH A USTRALIA
PUBLISHED PURSUANT TO THE PROVISIONS OF THE F AIR W ORK A CT 1994.
PART 1 – APPLICATION AND OPERATION OF AWARD OPDATE 27:02:2006 on and from
CLAUSE 1.1 TITLEThis Award will be known as the Disabilities Services Award.
CLAUSE 1.2 ARRANGEMENTOPDATE 27:02:2006 on and from1.2.1 This Award is to be arranged as follows:
Part 1 – Application and operation of Award 1.1 Title
1.2 Arrangement
1.3 Scope and persons bound
1.4 Locality
1.5 Duration
1.6 Reserved matters
1.7 Existing conditions
1.8 Definitions
1.9 Continuous service
1.10 Anti-discrimination
Part 2 – Award flexibility 2.1 Enterprise flexibility provision
Part 3 – Communication, consultation and dispute resolution 3.1 Workplace consultation
3.2 Introduction of change
3.3 Dispute settling procedure
Part 4 – Employer and employees’ duties, employment relationship and related arrangements 4.1 Contract of hiring
4.2 Full-time employees
4.3 Part-time employees
4.4 Casual employees
4.5 Junior employees
4.6 Replacement employees
4.7 Termination of employment
4.8 Redundancy
4.9 Transmission
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Part 5 – Wages and related matters 5.1 Rates of pay
5.2 Higher duties
5.3 Payment of wages
5.4 First Aid
5.5 On-call allowance
5.6 Telephone allowance
5.7 Occupational superannuation
Part 6 – Hours of work, breaks, overtime, shift work, weekend work and public holiday work 6.1 Hours of work
6.2 Implementation of 38 hour week
6.3 Procedures to implement 38 hour week or change of arrangements after initial implementation
6.4 Day off in each week
6.5 Meal breaks
6.6 Overtime
6.7 Shift work
6.8 Early morning duty
6.9 Christmas day falling on a Saturday or Sunday
6.10 School terms
Part 7 – Leave of absence and public holidays 7.1 Annual leave
7.2 Personal leave – injury and sickness
7.3 Public holidays
7.4 Bereavement leave
7.5 Parental leave
7.6 Personal leave to care for a family member
Part 8 – Transfers, travelling and working away from usual place of work 8.1 Travelling and motor vehicle allowance
8.2 Camps/living away arrangements
8.3 Live-in arrangements
8.4 Sleepover arrangements
Part 9 – Training and related matters 9.1 Qualifications
9.2 Trade union training leave
Part 10 – Occupational health and safety matters, equipment, tools and amenities 10.1 Protective clothing and uniforms
Part 11 – Award compliance and association related matters 11.1 Exhibition of award
11.2 Time and wages records
11.3 Right of entry
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Sch. 1 Rates of pay
Sch. 2 Allowances
Sch. 3 Sleepover arrangement
Sch. 4 Supported wage provisions
Sch. 5 Characteristics
Sch. 6 Classification user guide and glossary of terms
Sch. 7 Training wage arrangements
1.2.2 In alphabetical order
Sch. 2 Allowances
7.1 Annual leave
1.11 Anti-discrimination
1.2 Arrangement
7.4 Bereavement leave
1.9 Continuous service
8.2 Camps/living away arrangements
4.4 Casual employees
Sch. 5 Characteristics
6.9 Christmas day falling on a Saturday or Sunday
Sch. 6 Classification user guide and glossary of terms
4.1 Contract of hiring
6.4 Day off in each week
1.8 Definitions
3.3 Dispute settling procedure
1.5 Duration
6.8 Early morning duty
2.1 Enterprise flexibility provision
11.1 Exhibition of award
1.8 Existing conditions
5.4 First aid
4.2 Full-time employees
5.2 Higher duties
6.1 Hours of work
6.2 Implementation of 38 hour week
3.2 Introduction of change
4.5 Junior employees
8.3 Live-in arrangements
1.4 Locality
6.5 Meal breaks
1.7 No extra claims
5.7 Occupational superannuation
5.5 On-call allowance
6.6 Overtime
7.5 Parental leave
4.3 Part-time employees
5.3 Payment of wages
7.2 Personal – injury and sickness
7.6 Personal leave to care for a family member
6.3 Procedures to implement 38 hour week or change of arrangements after initial implementation
10.1 Protective clothing and uniforms
7.3 Public holidays
9.1 Qualifications
Sch. 1 Rates of pay (also 5.1)
4.8 Redundancy
4.6 Replacement employees
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1.6 Reserved matters
11.3 Right of entry
6.10 School terms
1.3 Scope and persons bound
6.7 Shift work
7.2 Personal leave
Sch. 3 Sleepover arrangements (also 8.4) Sch. 4 Supported wage provisions
5.6 Telephone allowance
4.7 Termination of employment
11.2 Time and wages records
1.1 Title
9.2 Trade union training leave
Sch. 7 Training wage arrangements
Sch. 6 Translational provisions
4.9 Transmission
8.1 Travelling and motor vehicle allowance
3.1 Workplace consultation
CLAUSE 1.3 SCOPE AND PERSONS BOUNDOPDATE 27:02:2006 on and from1.3.1 Except as provided in clauses 1.3.2, 1.3.3, 1.3.4 and 1.3.5, this Award is binding on
all persons employed in
organisations established to perform work in or in connection with the provision of any of the following services:
care
support
training
development
to people who have any of the following types of disabilities:
intellectual
physical
psychiatric
developmental
sensory
whether as employers, or as employees whether they are members of an association or not.
1.3.2 This Award is not binding on those persons who are for the time being subject to an Award or an agreement within the meaning of the Act, but only to the extent of any inconsistency.
1.3.3 This Award is not binding on those persons who are employed in the South Australian public sector (within the meaning of the Public Sector Management Act 1995), or by
any Board, Trust, Commission, Committee or other public or statutory authority appointed by the South Australian Government under the following Acts:
(a) Public Sector Management Act 1995;
(b) South Australian Health Commission Act 1976;
(c) Children's Services Act 1985;
(d) South Australian Housing Trust Act 1995;
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(e) or any other Acts which replace or amend them, or any other person employed in
disability services work who is otherwise subject to the control or direction of a
Minister of the Crown in the right of the Government of South Australia.
1.3.4 This Award is not binding on those persons who are described and listed below:
1.3.4.1 Employed in services in which a local government authority is the employer;
1.3.4.2 Employed in any capacity which requires registration with the Teachers' Registration Board;
1.3.4.3 Employed in organisations primarily providing advocacy services or employees whose primary role is to provide advocacy services;
1.3.4.4 Employed in organisations as described in clause 1.3.1 but who do not perform work in or in connection with the provision of:
Care;
Support;
Training;
Development,
to people who have any of the following types of disabilities:
Intellectual;
Physical;
Psychiatric;
Developmental;
Sensory.
1.3.4.5 Employed in facilities or homes established to provide nursing and/or "personal care services" and/or "hostel care services" (as defined in the Commonwealth of Australia Gazette 5/1/1989 Aged or Disabled Persons Homes Act 1954), for aged persons;
1.3.4.6 Employed as a Psychologist or Graduate Officer Psychology;
1.3.4.7 An employer whose application for exemption from this Award or a part of this Award has been granted by the Commission on the grounds of economic incapacity to pay;
1.3.4.8 Employed in an administrative, financial, managerial or executive capacity that does not primarily involve service delivery and programme development;
1.3.4.9 Employed as family support workers in programmes funded under the Department
of Family and Community Services "Homemaker" programmes;
1.3.4.10 Employed to provide services under the Attendant Care schemes;
1.3.4.11 Employed in a casual or part-time capacity where that employment is wholly or mainly carried on in or about a private residence and is not for the purposes of the employer's trade or business;
1.3.4.12 Employed in any capacity in which one of the following qualifications is specifically required for the performance of duties:
(a) Bachelor of Social Science (Human Services),
(b) Bachelor of Social Work,
(c) Bachelor in Social Sciences in Community Service,
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(d) Bachelor in Social Administration,
(e) Associate Diploma of Social Sciences in Social Welfare Practice,
(f) Associate Diploma in Community Work;
1.3.4.13 Employed as a Physiotherapy Aide, Speech Pathology Aide, Occupational Therapy Aide, Psychology Aide, Teacher Aide, Hydrotherapy Aide and other health related aides.
1.3.4.14 Employed by the Royal Guide Dogs Associations of Australia or the Spastic Centres
of S.A. Incorporated.
1.3.4.15 Employed by Novita Children’s Services Incorporated.
1.3.5 Nothing in this Award may be construed to affect the determination of whether or not
a person is eligible for membership of either of the defined Unions.
OPDATE 27:02:2006 on and from
CLAUSE 1.4 LOCALITYThis Award applies throughout the State of South Australia.
OPDATE 27:02:2006 on and from
CLAUSE 1.5 DURATIONThis Award will come into operation on the first pay period commencing on and from the dateof variation.
CLAUSE 1.6 RESERVED MATTERSOPDATE 27:02:2006 on and fromThe parties to this Award reserve the right to re-open this Award in relation to any of the following matters:
Clause 8.2 Camps/living away arrangements
Clause 8.3 Live-in arrangements Clause 8.4 Sleepover arrangements Allowances
CLAUSE 1.7 EXISTING CONDITIONSOPDATE 27:02:2006 on and fromNo employee will suffer any loss of wage or other benefits which the employee has enjoyed prior to the date of this Award as a result of the operation of this Award.
CLAUSE 1.8 DEFINITIONSOPDATE 27:02:2006 on and from1.8.1
Act means the
Fair Work Act 1994.
1.8.2 Commission means the Industrial Relations Commission of South Australia.
1.8.3 Continuous service means service as defined in clause 1.9.
1.8.4 Organisation means a body which is either incorporated under the Corporations Act
2001 (Cth) or the Associations Incorporation Act 1985 (SA) or is a registered business.
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1.8.5 Redundancy has the meaning prescribed in clause 4.8.1.
1.8.6 Spouse includes a de facto spouse but, except in relation to parental leave, does not include a spouse from whom the employee is legally separated.
1.8.7 Union means the Amalgamated ASU (SA) State Union (Australian Services Union)
and/or the Liquor Hospitality and Miscellaneous Union.
1.8.8 Weeks pay means the rate of pay defined in clause 4.8.1.
CLAUSE 1.9 CONTINUOUS SERVICE OPDATE 27:02:2006 on and from
1.9.1 Maintenance of continuous service
Except as otherwise indicated, service is deemed to be continuous despite:
(a) absence of the employee from work in accordance with the employee's contract of employment or any provision of this Award.
(b) absence of the employee from work for any cause by leave of the employer.
(c) absence from work on account of illness, disease or injury.
(d) absence with reasonable cause. Proof of such reasonable cause lies with the employee.
(e) interruption or termination of the employee's service by an act or omission of the employer with the intention of avoiding any obligation imposed by this Award, the Act or the Long Service Leave Act 1987 (SA).
(f) interruption or termination of the employee's service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute.
(g) transfer of the employment of an employee from one employer to a second employer where the second employer is the successor or assignee or transmittee
of the first employer's business. In this case, service with the first employer is deemed to be service with the second employer.
(h) interruption or termination of the employee's service by the employer for any reason other than those referred to in this clause if the worker returns to the service of the employer within two months of the date on which the service was interrupted or terminated.
(i) any other absence from work for any reason other than those referred to in this
Clause, unless written notice is given by the employer that the absence from work
is to be taken as breaking the employee's continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the
period of absence.
1.9.2 Calculation of period of service
Where an employee's service is deemed to be continuous under this Clause, the period
of absence from work is not to be taken into account in calculating the employee's period of time served with the employer except:
1.9.2.1 To the extent that the employee receives or is entitled to receive pay for the period; or
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1.9.2.2 Where the absence results from a decision of the employer to stand the employee
off without pay.
CLAUSE 1.10 ANTI-DISCRIMINATIONOPDATE 27:02:2006 on and from
1.10.1 It is the intention of the parties to this Award to achieve the principal object of section3(m) of the
Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
1.10.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.
1.10.3 Nothing in this clause is to be taken to affect:
1.10.3.1 Any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation;
1.10.3.2 Until considered and determined further by the Commission, the payment of different wages for employees who have not reached a particular age;
1.10.3.3 An employee, employer or registered organisation, pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.
1.10.4 Nothing in this clause is to be taken to prevent:
1.10.4.1 A matter referred to in 1.10.1 from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position.
1.10.4.2 A matter referred to in 1.10.1 from being a reason for terminating a person’s employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion
or creed, if the employer terminates the employment in good faith in order to avoid injury to the religious susceptibilities of adherents of the religion or creed.
D ISABILITIES S ERVICES A WARD P ART 2 P AGE 1
PART 2 – AWARD FLEXIBILITY CLAUSE 2.1 ENTERPRISE FLEXIBILITY PROVISIONOPDATE 27:02:2006 on and from
2.1.1 In this clause a relevant union means an organisation of employees that: (a) Has an interest in this Award; and
(b) Has one or more members employed by the employer to perform work in the relevant enterprise or workplace.
[Note: The failure by an employer to give each relevant union an opportunity to be involved in the consultative process leading to the making of an agreement may result
in the Commission adjourning or refusing the application to vary the Award.]
2.1.2 At each enterprise or workplace, consultative mechanisms and procedures will be established comprising representatives of the employer and employees. Each relevant union is entitled to be represented.
2.1.3 The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the enterprise or workplace.
2.1.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.
2.1.5 Where an agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this Award, as it applies at the enterprise or workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all employees at the enterprise or workplace and the unions with an interest in this Award.
2.1.6 When this Award is varied to give effect to an agreement made pursuant to this clause the variation will become a schedule to this Award and the variation will take precedence over any provision of this Award to the extent of any expressly identified inconsistency.
2.1.7 The agreement must meet the following requirements to enable the Commission to vary this Award to give effect to it:
2.1.7.1 That the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;
2.1.7.2 That the majority of employees covered by the agreement genuinely agree to it;
2.1.7.3 That the Award variation necessitated by the agreement meets the requirements
of the "no disadvantage" test set out at Section 79(1)(e) of the Act.
D ISABILITIES S ERVICES A WARD P ART 3 P AGE 1
PART 3 – COMMUNICATION, CONSULATION AND DISPUTERESOLUTION CLAUSE 3.1 WORKPLACE CONSULTATIONOPDATE 27:02:2006 on and from
3.1.1 The development of effective participative and consultative practices is important in the process of Award Restructuring and can lead to advantages for both employers
and employees. It is therefore recommended that participative and consultative
mechanisms at the enterprise level be implemented.
3.1.1.1 Consultative mechanisms and practices will be implemented within each enterprise where agreement exists between employers and employees.
3.1.1.2 The form, structure and method of implementing consultative mechanisms and practices will be determined at the enterprise level through negotiation between the employer, employees, and the Union(s) consistent with agreed consultative models, provided, however, that the Union(s) will be represented in the consultative process by duly elected workplace representatives.
3.1.1.3 The Union(s) agree that at enterprises where agreed consultative mechanisms and practices are in place to allow through the consultative processes the application of designated Award conditions in a more flexible manner. The Union(s) must be party to any agreement but must not unreasonably withhold agreement where the employees genuinely agree.
3.1.1.4 Where an enterprise does not have in place agreed consultative mechanisms and practices current Award provisions will apply.
3.1.1.5 The Union(s) reserve the right to advise its members as it deems appropriate on
Award issues under discussion.
3.1.2 Consultation is a mechanism through which employees can be involved in and positively contribute towards management's decision making process. All decisions are encouraged to be reached through consultative mechanisms and practices however managerial prerogative is acknowledged.
3.1.3 In circumstances where agreement cannot be reached, parties can exercise their rights pursuant to the Clause 3.3 Dispute Settling Procedure.
CLAUSE 3.2 INTRODUCTION OF CHANGEOPDATE 27:02:2006 on and from3.2.1
Notification of intended changes 3.2.1.1 Where an employer has made a firm decision to implement changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must as soon as practicable notify the employees who may be affected by the proposed changes and their Union.
3.2.1.2 Significant effects include:
(a) termination of employment;
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required;
(c) the elimination or diminution of job opportunities, promotion opportunities or job tenure;
(d) the alteration of hours of work;
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(e) the need for retraining or transfer of employees to other work or locations and the
restructuring of jobs.
3.2.1.3 Where the Award makes provision for alteration of any of the matters in 3.2.1.2, an alteration will be deemed not to have significant effect.
3.2.2 Consultation with employees and their union
3.2.2.1 The employer must discuss with the employees affected and their Union, among other things:
(a) the introduction of the changes referred to in 3.2.1.1;
(b) the effects the changes are likely to have on employees;
(c) measures to avert or mitigate the adverse effects of such changes on employees.
The employer must give prompt consideration to matters raised by the employees and/or their Union in relation to the changes.
3.2.2.2 The discussions must commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in 3.2.1.1.
3.2.2.3 For the purposes of such discussion, the employer must provide in writing to the employees concerned and the Union:
(a) all relevant information about the changes, including the nature of the changes proposed; and
(b) the expected effects of the changes on employees and any other matters likely to affect them.
Employers are not required to disclose confidential information disclosure of which, when looked at objectively, would be against the employer's interests.
CLAUSE 3.3 DISPUTES SETTLING PROCEDUREOPDATE 27:02:2006 on and from
3.3.1 Representation The following clause will not deprive either party of any rights it may have to independent action.
The parties will have duly accredited representative(s) (and deputies) at each worksite who will be responsible, in the first instance, for matters arising at the workplace. The representative(s) of the Union(s) are entitled to make representation to local management on behalf of Union members.
The accredited representatives must make themselves available for consultation as required under the procedures.
3.3.2 Procedures
Any grievance, industrial dispute or matter likely to create a dispute is to be dealt with
in the following manner:
3.3.2.1 The accredited Union representative must in the first instance immediately discuss and attempt to resolve any matter affecting an employee or employees with the supervisor in charge of the section(s) in which the grievance, dispute or likely dispute exists.
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3.3.2.2 If the matter is not resolved at this level the matter is to be referred to local
management who will nominate the employer's representative in the matter. The employer representative must investigate, discuss and attempt to resolve the
matter with the accredited Union worksite representative(s).
3.3.2.3 The consultation process as prescribed in clause 3.3.2.2 must commence as soon
as possible and initial discussion must be held within a reasonable time of the grievance, dispute or likely dispute having been referred.
3.3.2.4 If the matter is not resolved at the discussion convened under clause 3.3.2.2, the Union representative will inform the appropriate official of the Union of the matter in issue and a conference will be arranged to be attended by such representative(s) of the Union(s) concerned as the Union(s) may decide and by such employer representative(s) as the employer(s) may decide.
3.3.2.5 If the matter remains unresolved after the procedures under clause 3.3.2.4 have been completed, the employer and the Union(s) will enter into consultation with such other management the employer considers appropriate.
3.3.2.6 At any stage in the procedures (after consultation between the parties has taken place in accordance with the procedures) either party may request and be entitled
to receive a response to its representations within a reasonable time as agreed between the parties.
3.3.2.7 If the grievance, dispute or likely dispute is not resolved in accordance with these procedures, either party may refer the matter to the Commission.
3.3.2.8 If there is undue delay by any party in responding to the matter creating a grievance, dispute or likely dispute the party complaining of the delay may, if it so decides, take the matter to the next level as detailed in the procedures.
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PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENTRELATIONSHIP AND RELATED ARRANGEMENTS CLAUSE 4.1 CONTRACT OF HIRINGOPDATE 27:02:2006 on and from
4.1.1 The contract of hiring of every employee (other than a casual employee) is in the absence of an express contract to the contrary deemed to be hiring by the week.
Nothing contained in this clause will derogate from the employer's right at common
law to dismiss an employee without notice for serious misconduct or other sufficient cause.
4.1.2 An employee who is justifiably dismissed for any reason is entitled to payment for work in that week, but only for the time actually worked.
4.1.3 A part-time or casual employee must not, unless temporarily replacing a full-time employee, work more than 76 ordinary hours in any one fortnight.
4.1.4 The employer must inform each employee as to the terms of their engagement, and in particular whether the employee is full-time, part-time or casual.
4.1.5 The employer should provide each employee with a job description or duty statement upon engagement.
4.1.6 Direction to perform duties
4.1.6.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Award provided that such duties are not designed to promote deskilling.
4.1.6.2 An employer may direct an employee to carry out such duties and use equipment
as may be required provided that the employee has been properly trained in the use of the equipment.
4.1.6.3 Any direction issued by an employer pursuant to clause 4.1.6.1 and 4.1.6.2 must be consistent with the employer's responsibilities to provide a safe and healthy working environment.
CLAUSE 4.2 FULL-TIME EMPLOYEESOPDATE 27:02:2006 on and from
Full-time employee means a weekly-hired employee whose ordinary hours of work are an average of thirty-eight hours per week.
CLAUSE 4.3 PART-TIME EMPLOYEESOPDATE 27:02:2006 on and from4.3.1
Definition of part-time employee 4.3.1.1 Part-time employee means a weekly-hired employee who is engaged to work either:
(a) regularly for an average of fifteen ordinary hours or more per week but less than an average of thirty eight ordinary hours per week; OR
(b) for no less than four hours on any one day for a minimum of 2 days during any period of seven consecutive days.
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4.3.1.2 For the purposes of this definition any hours worked by any employee to replace
temporarily another employee absent from duty which are in addition to those for which the employee is normally rostered will not be taken into account in making
any calculations in clause 4.3.1.1(a) or (b).
4.3.1.3 For the purpose of determining the regularity or otherwise of employment, regard will be had to any 12 week period.
4.3.2 The employer must specify in the contract of hiring the minimum regular ordinary hours for an employee.
4.3.3 All existing part-time employees may be offered additional hours wherever practical or appropriate to do so before any new employees are engaged.
Existing part-time employees may be offered additional hours by the employer after due consideration of at least the following:
skill level of the employee;
needs of the client;
availability of the employee; and
other individual requirements of the client,
provided that an offer of additional hours to an existing part-time employee should occur unless the above criteria or any significant factor identified by the employer prohibits the making of such an offer.
4.3.4 For ordinary working hours a part-time employee must be paid hourly the rate as defined for the work performed, and is entitled to payment on a pro-rata basis for annual leave, personal leave and public holidays.
4.3.5 A part-time employee will be entitled to leave as provided in Part 7 of this Award on
a pro rata basis according to the average number of hours usually worked per week, as set out in the following table:
| Hours usually worked per week | Hours of personal leave entitlement per week | Hours of annual leave entitlement pro rata of: 4 weeks 5 weeks |
| 15 | 0.58 | 60 | 75 |
| 16 | 0.62 | 64 | 80 |
| 17 | 0.65 | 68 | 85 |
| 18 | 0.69 | 72 | 90 |
| 19 | 0.73 | 76 | 95 |
| 20 | 0.77 | 80 | 100 |
| 21 | 0.81 | 84 | 105 |
| 22 | 0.85 | 88 | 110 |
| 23 | 0.88 | 92 | 115 |
| 24 | 0.92 | 96 | 120 |
| 25 | 0.96 | 100 | 125 |
| 26 | 1.00 | 104 | 130 |
| 27 | 1.04 | 108 | 135 |
| 28 | 1.08 | 112 | 140 |
| 29 | 1.12 | 116 | 145 |
| 30 | 1.15 | 120 | 150 |
| 31 | 1.19 | 124 | 155 |
| 32 | 1.23 | 128 | 160 |
| 33 | 1.27 | 132 | 165 |
| 34 | 1.31 | 136 | 170 |
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 3
| Hours usually worked per week | Hours of personal leave entitlement per week | Hours of annual leave entitlement pro rata of: 4 weeks 5 weeks |
| 35 | 1.35 | 140 | 175 |
| 36 | 1.39 | 144 | 180 |
| 37 | 1.43 | 148 | 185 |
| 37.5 | 1.45 | 150 | 187.5 |
4.3.6 Overtime
All authorised time worked by part-time employees, other than employees remunerated at a rate at or above Level 6 Year 1 as set out in Schedule 1, in excess
of 8 hours on any one day or in excess of an average of 38 hours per week will, subject to clause 6.6 Overtime, attract payment at the appropriate overtime rate.
CLAUSE 4.4 CASUAL EMPLOYEESOPDATE 27:02:2006 on and from (cl. 4.4.5 opdate 27:03:2006 on and from)4.4.1
Definition of casual employee Casual employee means an employee other than a full-time or part-time employee as defined in clauses 4.2 and 4.3.
4.4.2 Casual employees must be paid for a minimum of two hours for each period of engagement.
4.4.3 For ordinary working hours a casual employee will be paid the hourly rate, as defined, for the work performed plus 20 per centum.
4.4.4 Casual employees are not entitled to annual leave, personal leave or payment for public holidays not worked.
4.4.5 Conversion of employment status
4.4.5.1 Notwithstanding the provisions set out in 4.2, 4.3 and 4.4 above on and from 27
March 2006 any employee:
(a) Engaged on a contract of employment who is entitled to be, or is, paid as a casual employee; and
(b) Who has been employed by an employer during a period of at least 12
months, either:
(i) on a regular and systematic basis for several periods of employment; or
(i) on a regular and systematic basis for an ongoing period of employment;
and
(c) whose employment is consistent with full-time or part-time work as defined
in clauses 4.2 and 4.3,
will thereafter have the right to elect to have his or her employment converted to
full-time employment as defined in Clause 4.2 or part-time employment as defined
in clause 4.3.
4.4.5.2 Every employer of such an employee will give the employee notice in writing of the provisions of 4.4.5.1 within four weeks of the employee attaining 12 months continuous service. The employee retains his or her right of election under this clause if the employer fails to comply with the clause
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 4
4.4.5.3 Any such employee who does not within four weeks of receiving written notice
elect to convert his or her employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.
4.4.5.4 Any employee who has a right to elect under 4.4.5.1, upon receiving notice under clause 4.4.5.2 or after the expiry of the time for giving such notice, may at any time thereafter give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her employment to full-time or part-time employment, and within four weeks of receiving such notice the employer must consent to or refuse the election but may not unreasonably so refuse. Any dispute about a refusal of an election to convert to full-time or part-time employment will be dealt with as far as practicable with expedition in accordance with Clause 3.3
Dispute Settling Procedure.
4.4.5.5 Once an employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.
4.4.5.6 If an employee has elected to have his or her employment converted to full-time
or part-time employment in accordance with clause 4.4.5.4, the employer and employee will (subject to clause 4.4.5.4) discuss and agree upon which form of employment the employee will convert to, that is full-time or part-time. Following such agreement being reached, the employee will convert to full-time or part-time employment.
4.4.5.7 Where, in accordance with 4.4.5.4 an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
4.4.5.8 Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment must be dealt with as far
as practicable with expedition in accordance with Clause 3.3 Dispute Settling
Procedure.
4.4.5.9 An employer must not engage or re-engage, or dismiss or threaten to dismiss, or prejudice or threaten to prejudice an employee in employment to avoid any obligation under this clause.
4.4.5.10 Where an employee converts from casual employment to full-time or part-time employment, the employee’s service for the purposes of leave entitlements (other than long service leave) will be calculated from the commencement of part-time
or full-time employment.
4.4.5.11 Where an employee converts from casual employment to full-time or part-time employment under this clause, the employee’s previous service as a casual employee, to the extent that employment was:
On a regular and systematic basis for several periods of employment; or
On a regular and systematic basis for an ongoing period of employment,
and was consistent with full-time or part-time employment as defined in clause
4.2 and 4.3, will constitute part of the period of continuous service pursuant to Clause 4.7 Termination of Employment and Clause 4.8 Redundancy, and be counted for the purposes of those clauses.
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 5
CLAUSE 4.5 JUNIOR EMPLOYEESOPDATE 27:02:2006 on and from4.5.1
Junior employee means an employee under the age of 21 years.
4.5.2 The terms and provisions of this Award, with the exception of the wage rates contained in Schedule 1, apply to the employment of all junior employees, as defined.
Where for the purpose of applying the terms and conditions of this Award it is necessary to determine an effective wage rate, the rate to be used must be the rate that junior employee is in receipt of at the time of such determination.
CLAUSE 4.6 REPLACEMENT EMPLOYEESOPDATE 27:02:2006 on and from
4.6.1
Replacement employee means an employee engaged for a specific period of time to replace a designated person. The period of time for which the employee is engaged
together with any special conditions of employment must be confirmed in writing at
the time of appointment.
4.6.2 The employee will be engaged and paid as either a full-time, part-time or casual employee in accordance with the applicable provisions and definitions.
CLAUSE 4.7 TERMINATION OF EMPLOYMENTOPDATE 27:02:2006 on and from
4.7.1 Notice of termination of service by the employer 4.7.1.1 In order to terminate the employment of an employee, as defined by clause 4.1, the employer must give to the employee the following notice:-
4.7.1.2 In addition to the notice prescribed in clause 4.7.1.1, employees over forty-five
years of age at the time of giving the notice, with not less than two years
continuous service, are entitled to an additional notice of one week.
4.7.1.3 Payment at the ordinary rate of pay in lieu of the notice prescribed in clauses
4.7.1.1 and 4.7.1.2 must be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part
payment in lieu thereof.
4.7.1.4 In calculating any payment in lieu of notice, the employer must pay the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had their employment not been terminated.
4.7.1.5 The period of notice in this clause will not apply in the case of:
conduct which justifies instant dismissal;
casual employees; or
employees engaged for a specific period of time or for a specific task or tasks.
4.7.2 Notice of termination of service by an employee
In order to terminate employment an employee must give the employer two weeks notice.
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 6
4.7.3 Time off during notice period
Where an employer has given notice of termination to an employee, the employee is entitled to up to one day of time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee, after consultation with the employer.
4.7.4 Certificate of service
The employer must, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of their employment and the classification of or the type of work performed by the employee.
4.7.5 Payment in lieu
If an employer makes payment in lieu for all or any of the period of notice prescribed, then the period for which such notice is made will be treated as service for the purposes of computing any service related entitlements of the employee arising pursuant to this Award.
CLAUSE 4.8 REDUNDANCYOPDATE 27:02:2006 on and from4.8.1
Definitions Redundancy in this clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone, and redundant has a corresponding meaning.
Small business means an employer who employs fewer than 15 employees.
Weeks pay means the ordinary time rate of pay for the employee concerned, provided that such rate excludes:
overtime;
penalty rates;
disability allowances;
shift allowances;
special rates;
fares and travelling time allowances;
bonuses; and
any other ancillary payments of a like nature.
4.8.2 Exclusions
4.8.2.1 This clause does not apply to employees with less than 1 year of continuous service. The general obligation of employers should be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by such employees of suitable alternative employment.
4.8.2.2 This clause does not apply where employment is terminated as a consequence of conduct that at common law justifies instant dismissal, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks.
4.8.3 Discussions before termination
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 7
4.8.3.1 Where an employer has made a firm decision that the employer no longer requires
the job the employees have been doing done by anyone, and that decision may lead to termination of employment, the employer must have discussions, as soon
as practicable, with the employees directly affected and with the Union(s).
Discussions will include:
(a) the reasons for the proposed terminations;
(b) measures to avoid or minimise the terminations; and
(c) measures to mitigate the adverse effects of any terminations on the employees concerned.
4.8.3.2 For the purpose of such discussion the employer must, as soon as practicable, provide in writing to the employees concerned and the Union, all relevant information about the proposed terminations, including:
(a) the reasons for the proposed terminations;
(b) the number and categories of employees likely to be affected;
(c) the number of workers normally employed; and
(d) the period over which the terminations are likely to be carried out.
No employer is required to disclose confidential information the disclosure of which, when looked at objectively, would be against the employer’s interests.
4.8.4 Period notice of termination on redundancy
4.8.4.1 If the services of an employee are to be terminated due to redundancy the employee must be given notice of termination as prescribed by clause 4.7.
4.8.4.2 Employees to whom notification of termination of service is to be given on account
of the introduction or proposed introduction by the employer of automation or other like technological changes in the industry in relation to which the employee
in engaged must be given not less than 3 months notice of termination.
4.8.4.3 Should the employer fail to give notice of termination as required by clause
4.8.4.1 or 4.8.4.2 the employer must pay to that employee the ordinary rate of pay for a period being the difference between the notice given and that required
to be given. The period of notice to be given is deemed to be service with the
employer for the purposes of computing any service related entitlements of the employee arising pursuant to this Award and will be deemed to be service with the employer for the purposes of the Long Service Leave Act 1987.
4.8.5 Time off during notice period
4.8.5.1 During the period of notice of termination given by the employer an employee is entitled to up to 1 day off without loss of pay during each week of notice for the purpose of seeking other employment.
4.8.5.2 If the employee has been allowed paid leave for more than 1 day during the notice period for the purpose of seeking other employment, the employee must,
at the request of the employer, produce proof of attendance at an interview. If such proof is not produced the employee is not entitled to receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
4.8.5.3 The time off during notice period entitlements under this clause 4.8.5 apply in lieu
of the provisions of 4.7.3.
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 8
4.8.6 Notification to Centrelink
Where a decision has been made to terminate the employment of an employee, or of employees, on account of redundancy the employer must notify Centrelink accordingly as soon as possible, giving relevant information including:
(a) a written statement of the reason(s) for the terminations(s);
(b) the number and categories of the employees likely to be affected; and
(c) the period over which the termination(s) are intended to be carried out.
4.8.7 Severance pay
4.8.7.1 Employees are entitled to severance pay as prescribed below in addition to the period of notice prescribed for termination in clause 4.7 and 4.8.4.
4.8.7.2 Severance pay - employees of a small business
An employee of a small business as defined in 4.8.1 whose employment is
terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Less than 1 yearNil
1 year and less than 2 years 4 weeks pay*
2 years and less than 3 years 6 weeks pay
3 years and less than 4 years 7 weeks pay
4 years and over 8 weeks pay
* Weeks pay is defined in 4.8.1.
4.8.7.3 Severance pay - other than employees of a small business
An employee, other than an employee of a small business as defined in clause
4.8.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Less than 1 yearNil
1 year and less than 2 years 4 weeks pay*
2 years and less than 3 years 6 weeks pay
3 years and less than 4 years 7 weeks pay
4 years and less than 5 years 8 weeks pay
5 years and less than 6 years 10 weeks pay
6 years and less than 7 years 11 weeks pay
7 years and over 12 weeks pay
* Weeks pay is defined in 4.8.1.
4.8.7.4 Additional severance pay for employees aged over 45 years with 10 years or more
continuous service
In addition to the severance pay in 4.8.7.3 an employee with not less than 10
years continuous service, who is over the age of 45 years, is entitled to an additional 4 weeks severance pay.
4.8.7.5 Continuity of service will be calculated in the manner prescribed by clause 1.9.
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 9
4.8.7.6 The severance payment need not exceed the amount which the employee would
have earned if employment with the employer had proceeded to the employee's agreed date of retirement or the employee's eligibility date for social security benefits.
4.8.7.7 An employer may apply to the Commission for an order allowing the off-setting of
all or part of an employee’s entitlement to severance payment on the basis that such payment, or part of it, is already provided for or included in the contributions
which the employer has made over and above those required by law to a
superannuation scheme, and which are paid or payable to the employee on
redundancy occurring.
4.8.8 Incapacity to pay
The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.
4.8.9 Alternative employment
An employer may make application to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
4.8.10 Written notice
The employer must, as soon as practical, but prior to the termination of the employee's employment, give to the employee a written notice containing, among other things, the following:
(a) The date and time of the proposed termination of the employee's employment;
(b) Details of the monetary entitlements of the employee upon the termination of the employee's employment including the manner and method by which those entitlements have been calculated;
(c) Advice as to the entitlement of the employee to assistance from the employer, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment.
(d) Advice as to the entitlements of the employee should the employee terminate their employment during the period of notice.
4.8.11 Transfer to lower paid duties
Where an employee whose job has become redundant accepts an offer of alternative work by the employer, the rate of pay for which is less than the rate of pay for the former position, the employee is entitled to the same period of notice of the date of commencement of work in the new position as if the employee’s employment had been terminated. The employer may pay in lieu thereof an amount equal to the difference between the former rate of pay and the new lower rate for the number of weeks of notice still owing.
4.8.12 Employee leaving during notice
An employee whose employment is terminated on account of redundancy may terminate employment during the period of notice. In this case the employee is entitled to the same benefits and payments under this clause as if remaining with the employer until expiry of such notice. In such circumstances the employee is not entitled to payment in lieu of notice not worked.
D ISABILITIES S ERVICES A WARD P ART 4 P AGE 10
4.8.13 Transmission of business
The provisions of this clause are not applicable where a transmission of business occurs and the conditions of 4.9.2 or 4.9.3 are met.
4.8.14 Contrived arrangements
Subject to an order of the Commission, where an employer contrives arrangements wholly or partly to deprive employees of the severance pay set out in 4.8.7.3 or
4.8.7.4, then the employees will be entitled to the severance pay set out in those clauses in lieu of that set out in 4.8.7.2.
CLAUSE 4.9 TRANSMISSIONOPDATE 27:02:2006 on and from4.9.1
Transmission of business This clause applies where a business, undertaking or establishment, or any part of it, has, whether before or after the commencement of this clause, been transmitted from an employer (the transmittor) to another employer (the transmittee).
Transmission, without limiting its ordinary meaning, includes transfer, conveyance, assignment or succession, whether by agreement or operation of law. Transmitted has a corresponding meaning.
4.9.2 Acceptance of employment with transmittee
Subject to further order of the Commission where a person who at the time of the transmission was an employee of the transmittor in that business, undertaking, establishment or part thereof becomes an employee of the transmittee:
4.9.2.1 The period of service which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee for the purpose of calculating any entitlement of the employee to service-related periods of notice or severance payments; and
4.9.2.2 Clause 4.8 Redundancy will not apply in respect of the termination of the employee's employment with the transmittor.
4.9.3 Offer of employment with the transmittee
A person is not entitled to the benefits under clause 4.8 in respect of termination of employment resulting from transmission of the business, undertaking, establishment
or part thereof if:
4.9.3.1 The employee is offered employment by the transmittee; and
4.9.3.2 The offer is made before the transmission of the business, undertaking, establishment or part thereof; and
4.9.3.3 The terms and conditions of the new employment offered
(a) are not substantially different from those applying to the employment with the
transmittor; or
(b) are substantially different, but the offer constitutes an offer of suitable employment in relation to the employee; and
4.9.3.4 The employee unreasonably refuses to accept the offer.
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4.10 Service with two or more corporations
Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related to each other within the meaning of section 50 of the Corporations Act 2001 (Cth), the service of the employee with each such corporation must be included in the calculation of the employee's continuous service for the purpose of determining the employee's entitlements according to clauses 4.7, 4.8 and 1.9.
D ISABILITIES S ERVICES A WARD P ART 5 P AGE 1
PART 5 – WAGES AND RELATED MATTERS CLAUSE 5.1 RATES OF PAYOPDATE 27:02:2006 on and from
5.1.1 The minimum wages to be paid to employees must be in accordance with the rates set out in Schedule 1 of this Award.
5.1.2 Where for the purpose of any provision of this Award it is necessary to convert an annual wage into an hourly rate, it must in every instance be ascertained by using the following formula:
Multiply the annual wage by 12; then
Divide the result by 313; then
Round to the nearest ten cents and divide by 76.
5.1.3 A newly appointed employee who has previously been employed by an employer bound by this Award will, when appointed, have such previous and relevant service recognised in the determination of the salary level on which an employee commences.
5.1.4 Increments
5.1.4.1 A full-time employee will progress by annual increment to the next step until the maximum salary level is reached for the appropriate classification level.
5.1.4.2 Incremental progression for part-time and casual employees within the salary range at a classification level must be in accordance with the provisions of 5.1.4.1 except that in all circumstances the concept of “annual” will be replaced by
“completion of 1400 ordinary hours of work.”
No employee will progress to the next increment in less than 12 months.
Hours taken as long service leave are counted for the purposes of this clause.
5.1.4.3 For the purposes of this clause, step means an incremental level.
CLAUSE 5.2 HIGHER DUTIESOPDATE 27:02:2006 on and from
To be eligible for payment for higher duties, an employee must have completed five days, either individually or consecutively, performing all or substantially all the duties of the higher
position. Thereafter, an employee required by the employer to perform all or substantially all
the duties of a higher position for three days or more must be paid at the rate of pay appropriate to the higher position.
CLAUSE 5.3 PAYMENT OF WAGESOPDATE 27:02:2006 on and from
5.3.1 Unless there is an express contract to the contrary, wages will be paid weekly. The payment of wages must either be by cheque or by means of electronic funds transfer or by cash by agreement.
5.3.2 Wages paid by cheque must be made during working hours on a weekday being not more than four days following the end of the pay period; except where exceptional circumstances exist. The pay day selected, once agreed, must not be changed without the agreement of a majority of the employees.
5.3.3 An employee who is rostered off duty on a pay day must be paid either:
(a) during working hours before completing duty prior to the pay day; OR
D ISABILITIES S ERVICES A WARD P ART 5 P AGE 2
(b) on the employee's next rostered period of duty, provided than an employee's
wages must be available for collection on the pay day when requested by the employee.
5.3.4 The employer must furnish to each employee on the pay envelope or in a written statement or show in the time book or pay-roll at the time when wages are paid, particulars as follows:
(a) Gross earnings of wages including overtime and other earnings;
(b) The amount paid as overtime;
(c) The amount deducted for taxation purposes;
(d) Particulars of other deductions;
(e) The net amount paid;
(f) Superannuation contribution as required by legislation;
(g) The number of hours worked during that pay period and the hourly or fortnightly rate of pay.
5.3.5 Upon termination of the employment, wages due to an employee must be paid to the employee on the day of such termination or forwarded to the employee by post on the next working day.
OPDATE 27:02:2006 on and from
CLAUSE 5.4 FIRST AIDAn employee who holds a current first aid certificate issued by the St. John's Ambulance Association or Australian Red Cross Society or equivalent qualification and who is required by their employer to perform first aid duty at their workplace will be paid an allowance as set out
in Schedule 2.CLAUSE 5.5 ON-CALL ALLOWANCEOPDATE 27:02:2006 on and from
5.5.1 An employee who is rostered to be on-call or who is on-call and contactable will receive the on-call allowance for the relevant period as set out in Schedule 2.
5.5.2 The provisions of Clause 6.7.11 Rosters will apply to an employee who is rostered to be on-call.
5.5.3 Where an emergency situation exists the employer may request an employee to be on-call for a specified period of time by agreement and the employee may not unreasonably withhold their agreement.
CLAUSE 5.6 TELEPHONE ALLOWANCEOPDATE 27:02:2006 on and from
5.6.1 Telephone calls An employer will reimburse the employee for the cost of telephone calls necessarily incurred as a result of their employment.
5.6.2 Installation
An employee directed by their employer to install a telephone at their home to enable contact by the employer, other employees or the public will be reimbursed 50% of the cost of installation at the commencement of their employment and the remaining 50% after twelve months service.
D ISABILITIES S ERVICES A WARD P ART 5 P AGE 3
5.6.3 Rental
An employee directed by their employer to install and use a telephone at their home for business purposes prescribed in clauses 5.6.1 and 5.6.2, will be reimbursed 100%
of the rental costs until such time that the employer advises the employee in writing that the employee is no longer required to use the telephone for such purposes.
CLAUSE 5.7 OCCUPATIONAL SUPERANNUATIONOPDATE 27:02:2006 on and from
5.7.1 DefinitionsIn this clause:
5.7.1.1 Alternative fund means any superannuation scheme registered and approved by the Insurance and Superannuation Commission.
5.7.1.2. Existing fund means any superannuation scheme registered and approved by the Insurance and Superannuation Commission to which the employer is already making contributions.
5.7.1.3 Fund means:
(a) the Statewide Superannuation Trust established and governed by a Trust Deed dated 1 May 1986 as may be amended from time to time and includes any superannuation scheme which may be made in succession to it; or
(b) any other alternative or existing fund agreed between an employer and its employees and their Union where applicable, and includes any superannuation scheme which may be made in succession to it.
5.7.1.4 Ordinary time earnings means, for the purposes of the Superannuation Guarantee (Administration) Act 1992, an employee’s award classification rate and penalty loadings, including weekend and public holiday rates, where the time worked is part of the employee’s ordinary hours of work and such ordinary time earnings will operate to provide a notional earnings base.
5.7.2 Membership
An employer will ensure an employee becomes and remains (whilst employed by the employer) a member of a fund.
5.7.3 Contributions
An employer will make contributions for an employee in accordance with the legislative requirements in 5.7.4. These contributions will be based on the employee’s ordinary time earnings.
5.7.4 Superannuation legislation
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
5.7.5 Superannuation fund
The employer must become and remain a member of the fund and make the superannuation contributions or improvements pursuant to this clause to any of the following funds selected by the employee:
D ISABILITIES S ERVICES A WARD P ART 5 P AGE 4
(a) The Statewide Superannuation Trust.
(b) Any fund agreed between the employer and the employees, and their Union or
Unions where applicable.
(c) Any fund which has application to the employees in the principal business of the employer where employees covered by this Award are a minority of Award covered employees.
(d) Provided than an employer will not be compelled to contribute to more than one fund in respect to employees employed under this Award.
(e) In any circumstances in which the Union is concerned about a fund selected pursuant to this clause 5.7.5, such union may challenge the suitability of the fund within six months of the date of operation of this clause before the Commission.
5.7.6 Exemption
5.7.6.1 This clause does not apply to any employer who, as at 4 April 1991 or at the date
of becoming bound by this Award, was already satisfying and continues to satisfy the requirement of clause 5.7.3 by providing new or improved superannuation
benefits or contributions in accordance with the legislation cited in clause 5.7.4.
5.7.6.2 Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standard of existing superannuation arrangements provided by the employer or the employer's financial capacity to pay.
5.7.6.3 In circumstances where a Union is concerned about a fund utilised in clause
5.7.6.1, it may challenge the suitability of that fund within six months of the date
of operation of this clause before the Commission.
5.7.6.4 Notwithstanding any other provision of this clause, no employer or employee (as the case may be) will be required to have superannuation contributions paid into a fund nominated in this clause provided that:
(a) such employer or employee holds a current certificate issued pursuant to Section
118 of the Fair Work Act 1994;
(b) any fund nominated pursuant to this clause 5.7.6 must:
(i) comply with the legislation cited in 5.7.4 and have received preliminary listing from the Insurance and Superannuation Commission; and
(ii) comply and be operated in accordance with C.I.S. Master Superannuation
Deed BR1188.
5.7.7 Absence from work
Subject to the Trust Deed of the Fund of which an employee is a member:
5.7.7.1 Paid leave
Contributions will continue whilst a member of a fund is absent on paid leave such
as annual leave, long service leave, public holidays, and bereavement leave.
5.7.7.2 Unpaid leave
Contributions will not be required to be made in respect of any absence from work
without pay.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 1
PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK,WEEKEND WORK AND PUBLIC HOLIDAY WORK CLAUSE 6.1 HOURS OF WORKOPDATE 27:02:2006 on and from
6.1.1 The maximum number of ordinary working hours of employees other than casual and part-time employees is an average of 38 per week to be worked on one of the
following bases:
(a) 38 hours within a work cycle not exceeding seven consecutive days; or
(b) 76 hours within a work cycle not exceeding 14 consecutive days; or
(c) 114 hours within a work cycle not exceeding 21 consecutive days; or
(d) 152 hours within a work cycle not exceeding 28 consecutive days.
6.1.2 Ordinary hours
Ordinary hours will not exceed 8, except as prescribed in clause 6.7 Shift Work, in any one day and will be worked between 6 a.m. and 6 p.m. on Monday to Friday inclusive.
CLAUSE 6.2 IMPLEMENTATION OF 38 HOUR WEEKOPDATE 27:02:2006 on and from
6.2.1 The method of implementation of the 38 hour week as provided in clause 6.1 may be any of the following:
(a) employees working less than 8 ordinary hours each day; or
(b) employees working less than 8 ordinary hours on one or more days each week; or
(c) employees working less than 8 ordinary hours on one or more days each fortnight; or
(d) rostering employees off on various days of the week during a particular work cycle so that each employee has one programmed day off during that cycle; or
(e) fix one programmed week day on which all employees will be off during a particular work cycle; or
(f) any other arrangement mutually agreed between employer and employee; or
(g) continuation of existing arrangements where 38 hours per week or less is currently being worked.
6.2.2 Banking of rostered time-off
Where the option of rostered time-off is adopted in implementing the 38 hour week the employers have the right to require and the employees the right to request that rostered time-off accumulate to a maximum of five working days at which time the rostered time-off must be taken.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 2
CLAUSE 6.3 PROCEDURES TO IMPLEMENT 38 HOUR WEEK OR CHANGE OFARRANGEMENTS AFTER INITIAL IMPLEMENTATIONOPDATE 27:02:2006 on and from
6.3.1 In each establishment, an assessment should be made as to which method of implementation best suits that establishment, and the proposal will be discussed with
the employees concerned, the objective being to reach agreement on the method of
implementation.
6.3.2 In the absence of agreement being reached in respect to the implementation of the 38
hour week, the following procedure will be applied:
6.3.2.1 Consultation will take place between the employer and the employees concerned.
6.3.2.2 If the matter is unresolved it will be referred to the Secretary of either Union or the Secretary's representative, at which level a conference of the parties must be convened without delay. At that stage the employer may call in an employer association to assist in discussions. Any agreement reached is to be recorded and complied with by the parties.
6.3.2.3 If the matter still remains unresolved, the parties, without prejudice as to final settlement, will seek the assistance of the Commission.
6.3.3 Where, after initial implementation, a change of arrangement for working the 38 hour week is sought, the procedures outlined in clauses 6.3.1 and 6.3.2 must be followed.
CLAUSE 6.4 DAY OFF IN EACH WEEKOPDATE 27:02:2006 on and from
6.4.1 All employees will receive one clear day off each week in case of day shift and in the case of night shift one clear night off each week.
6.4.2 During any working period not exceeding three consecutive weeks, the night off may, with approval of the employer, be allowed to stand over and be taken (at a time mutually agreed upon) in any one period of consecutive nights.
CLAUSE 6.5 MEAL BREAKSOPDATE 27:02:2006 on and from6.5.1 An employee must not be required to work for more than five hours without a break for a meal.
6.5.2 Except as provided for in clause 6.7, up to one hour must be allowed to each employee for lunch on each day unless otherwise agreed between the employer and the employee provided that not less than one half hour must be observed.
6.5.3 Where an employee is required to work during a meal break and continuously thereafter, they will be paid at the rate of time and a half in addition to any penalty rate applying for the time so worked until released from duty for a meal break.
6.5.4 Notwithstanding clause 6.5.3, where an employee is required by the employer to have
a meal with a client or clients as part of the normal work routine or client program the employee will be paid for the duration of the meal period at the ordinary rate of pay.
However, an employee may elect to take an unpaid meal break as prescribed in clause
6.5.2 after the meal period. If the employee so elects not to have a meal break, all ordinary hours after the meal period will be paid at the ordinary rate of pay.
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OPDATE 27:02:2006 on and from
6.6.1
DefinitionCLAUSE 6.6 OVERTIMESubject to clause 6.7.8, all authorised time worked by employees (other than
employees remunerated at a rate at or above Level 6 Year 1 as set out in Schedule 1)
in excess of the ordinary hours of work as prescribed in clause 6.1 is overtime and -
(a) On Mondays to Fridays and on Saturdays inclusive must be paid at the rate of time and a half for the first three hours and double time thereafter, such double time to continue until completion of the overtime work;
(b) On Sundays must be paid at the rate of double time.
6.6.2 Time off in lieu of overtime
6.6.2.1 Subject to clause 6.6.1, if the employer and employee agree time off may be granted in lieu of payment for up to 7.6 hours per fortnight on an hour for hour basis.
6.6.2.2 Subject to clause 6.6.2.3, any overtime worked in excess of 3.8 hours in any week will attract for the first three hours time off at 150 per centum of the hours worked and thereafter at 200 per centum of the hours worked,
6.6.2.3 Where an employee works in excess of 3.8 hours overtime on any one day, all overtime so worked in excess of 3 hours on that day will be calculated for time off
in lieu at 200 per centum instead of 150 per centum.
Example 1
An employee works 10 hours overtime in a week. 3.8 hours will be banked as TOIL at the rate of 1 hour banked per hour of overtime. An additional 3 hours will be banked at the rate of 1.5 hours banked per hour of overtime. The last 3.2 hours worked will be banked at the rate of 2 hours per hour of overtime.
The employee will bank 3.8 hours + 4.5 hours + 6.4 hours = 14.7 hours.
Example 2
An employee works 4.5 hours overtime on a single day. 3.8 hours will be banked as TOIL
at the rate of 1 hour banked per hour of overtime. An additional 0.7 hours will be banked at the rate of 2 hours per hour of overtime.
The employee will bank 3.8 hours + 1.4 hours = 5.2 hours.
6.6.2.4 Time off in lieu accrued under this clause should be taken on the working day
following the extra duty or as soon as practical thereafter; provided that where this is not possible additional time worked may be accumulated up to thirty eight hours.
6.6.2.5 Where an employee has accumulated 38 hours pursuant to clause 6.6.2.4, the employee by mutual agreement with the employer may take the time off in conjunction with current annual leave credits or must be paid for the time at the rate of 150 per centum for each hour worked.
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6.6.3 Requirement to work overtime
An employee may be required to work reasonable overtime at overtime rates and will work overtime in accordance with such requirement; provided that, except in emergencies, the employee will be given reasonable notice of any requirement to work overtime.
6.6.4 Minimum payment
An employee who is required to present themselves for overtime work on a Saturday
or Sunday must be paid for a minimum of two hours; provided that any employee will not be required to work the full two hours if the work such employee is employed to perform is completed in a shorter period.
6.6.5 Calculation of payment
6.6.5.1 The hourly rate to be used for such calculations is defined in clause 5.1.2.
6.6.5.2 In the case of casual employees working overtime, such employees will continue
to receive the 20 per centum casual loading based on the hourly rate as prescribed in 6.6.5.1 so that:
(a) Where "time and a half" is applicable, the rate of pay will be 170 per centum of the hourly rate;
(b) Where "double time" is applicable the rate of pay will be 220 per centum of the hourly rate.
6.6.5.3 In computing overtime payments, each day’s work will stand alone.
6.6.6 Recall to work
6.6.6.1 An employee who is recalled to work overtime after leaving the place of employment must be paid for a minimum of two hours work at the appropriate rate for such time so recalled, provided that an employee will not be required to work the full two hours if the work such employee is recalled to perform is completed in a shorter period.
6.6.6.2 Clause 6.6.6.1 does not apply when overtime is continuous (subject to a twenty minute meal break without deduction of pay) with completion or commencement
of ordinary working time.
6.6.6.3 Except as provided for in clause 6.6.6.4, where an employee is recalled for duty on their programmed day off, the employee must be paid in accordance with the provisions of this clause as applicable and the employee will not be entitled to substitute another day for the programmed day.
6.6.6.4 Where a full-time employee has been given prior notice that they will be required
to work on their programmed day off due to an emergency, such employee will be paid at ordinary time for that day and a substitute day off must be granted. Notice given pursuant to this clause must be given to as soon as practicable.
6.6.6.5 Overtime worked in the circumstances of this clause 6.6.6 will not be regarded as overtime for the purpose of clause 6.6.9 when the actual time worked is less than the minimum of two hours on such recall or recalls.
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6.6.7 Transport
When an employee is required to work overtime and finishes work at a time when normal means of transport are not available, the employer will provide such employee with a conveyance to reach the employee's home or pay the employee their current wage for the time reasonably occupied in reaching their home. Provided that where an employee uses their own vehicle, the employee will be paid a mileage allowance as set
in clause 8.1.
6.6.8 Meal break and meal allowance
6.6.8.1 Meal break
6.6.8.1(a) An employee working overtime must be allowed a meal break of twenty
minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such meal break. Provided that where an employee is required to work overtime on a Saturday or on a programmed day off, the first prescribed meal break will, if occurring between 10 a.m. and 1 p.m. be paid at ordinary rates.
6.6.8.1(b) Unless the period of overtime is less than one and a half hours, an employee, before starting overtime after working ordinary hours, must be allowed a meal break of twenty minutes which will be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employer will not be required to make any payment in respect
of any time allowed in excess of twenty minutes.
6.6.8.2 Meal allowance
6.6.8.2(a) An employee required to work overtime for more than two hours,
without being notified on the previous day or earlier that the employee will be so required to work, will either be supplied with a meal by the
employer or paid an allowance as set out in Schedule 2. Such payment
need not be made to employees living in the same locality as their workplace who can reasonably return home for meals.
6.6.8.2(b) Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking
of a second or subsequent meal (as the case may be), the employer will provide such second and/or subsequent meals or make payment in lieu
thereof as above prescribed.
6.6.8.2(c) If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee will be paid as above prescribed for meals which the employee has provided but which are surplus.
6.6.9 Eight hour break
6.6.9.1(a) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work one day and the commencement of the employee's ordinary work on the next day that the employee has not had at least eight consecutive hours off duty or a period free from duty that is at least equal to the number of ordinary hours of the shift being worked will, subject to this sub-clause be released after completion of such overtime until such employee has eight consecutive hours off duty without loss of pay for ordinary time occurring during such absences.
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6.6.9.2(b) If on instructions of the employer such an employee resumes or
continues to work without having the number of consecutive hours off duty as determined by clause 6.6.9.1, the employee must be paid at appropriate overtime rates until so released and will then be entitled to be absent until having had such consecutive hours off duty without loss
of pay occurring during such absence.
6.6.10 Where the salary of an employee is at or above Level 6, Year 1, then overtime and penalty rates prescribed by this Award will apply unless a written agreement is reached between the employee and the employer for a suitable employment package
to take account of work which is likely to be performed outside of the ordinary hours and other similar contingencies inherent in the work. Provided, however that the Union(s) will have the right upon request to peruse the terms of the employment package which has been so negotiated.
CLAUSE 6.7 SHIFT WORKOPDATE 27:02:2006 on and from6.7.1
Definitions 6.7.1.1 Afternoon shift means a complete rostered shift that commences not earlier than 12 noon and finishes later than 6 p.m. but before midnight.
6.7.1.2 Extended night shift means a shift as prescribed in clause 6.7.13.2.
6.7.1.3 Night shift means a complete rostered shift worked between the hours of 7.30
p.m. and 8 a.m. and that finishes after midnight.
6.7.1.4 Programmed day off means the entitlement to a paid day off accrued in accordance with clause 6.2.1.
6.7.1.5 Rostered day off means the normal days off duty provided for in accordance with the roster in clause 6.7.9.
6.7.1.6 The workcycle of a full-time employee means, for the purposes of this clause, either:
(a) 152 hours within a work cycle not exceeding twenty-eight consecutive days, in the case of an employee working not more than eight ordinary hours on each shift.
In such case, no full-time employee will be required to work in ordinary hours for more than eighty hours per fortnight.
OR
(b) 760 hours within a workcycle not exceeding one hundred and forty consecutive days, in the case of an employee working extended night shifts of between eight and ten ordinary hours each.
Where staff rotate through day, afternoon, and extended night shifts, the ordinary hours of duty will be worked by a combination of the provisions of this clause
6.7.1.6. All time worked in excess of eight hours on a rostered extended night shift will be a “credit” towards a programmed day off.
6.7.2 Hours
The maximum ordinary hours of work is an average of 38 per week to be worked according to roster.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 7
6.7.3 Part-time/casual limit
A part-time or casual employee must not, unless temporarily replacing a full-time employee, work more than 76 hours in any one fortnight.
6.7.4 Twelve hour shifts
A shift may consist of not more than ten hours, excluding meal breaks, provided that:
6.7.4.1 in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours will be subject to agreement between the employer and the majority of employees concerned, and
6.7.4.1(a) By agreement between the employer, and the union(s) concerned and the majority of employees concerned, ordinary hours not exceeding twelve on any shift may be worked subject to:
(i) the employer and employees concerned being guided by the occupational health and safety provisions of the A.C.T.U. Code of Conduct on 12 Hour Shifts;
(ii) proper health and monitoring procedures being introduced;
(iii) suitable roster arrangements being made; and
(iv) proper supervision being provided.
6.7.4.1(b) The provisions of clause 6.8 do not apply to employees employed on 12
hours shifts.
6.7.5 Penalty rates
6.7.5.1 Afternoon and night shift
An employee working on an afternoon or night shift from Monday to Friday
inclusive must be paid an allowance calculated at the rate of 15 per centum of actual hours worked in addition to the ordinary rate as defined in clause 5.1.
6.7.5.2 The additional payments prescribed by this clause do not form part of the employee's ordinary pay for the purposes of this Award.
6.7.6 Saturday and Sunday work
6.7.6.1 An employee must be paid for work done during ordinary working hours (i.e. not being overtime) between midnight Friday and midnight Sunday an additional payment calculated at the rate of 50 per centum of the ordinary rate for the actual hours worked.
6.7.6.2 The additional payments prescribed by this clause do not form part of the employee's ordinary pay for the purposes of this Award and are in substitution for and not cumulative upon the shift penalty prescribed in clauses 6.7.5 and 6.7.7, or the broken shift penalty in clause 6.7.15.
6.7.7 Permanent afternoon or night shift
Employees required to work permanently on afternoon or night shift must be paid
30 per centum of actual hours worked in addition to the ordinary rate as defined in clause 5.1; provided however that employees who work permanently on such afternoon or night shift at their own request will be paid the penalty rate prescribed
in clause 6.7.5.
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6.7.8 Overtime
6.7.8.1 Rates
All authorised time worked by employees in excess of the ordinary hours, other
than employees remunerated at a rate at or above Level 6 Year 1 as set out inSchedule 1, must be paid the following overtime rates:
(a) on Monday to Saturday inclusive at the rate of time and a half for the first three hours and double time thereafter; such double time to continue until completion of the overtime work;
(b) on Sunday at the rate of double time.
provided that if the employer and employee agree time off may be granted in lieu
of payment for overtime worked on an hour for hour basis.
6.7.8.2 Requirement to work overtime
An employee may be required to work reasonable overtime at overtime rates.
6.7.8.3 Calculation of payment
6.7.8.3(a) The hourly rate to be used for such calculations will be that defined in
clause 5.1.2.
6.7.8.3(b) In the case of casual employees working overtime such employees will continue to receive the 20 per centum casual loading based on the hourly rate as prescribed in 6.7.8.3(a), so that:
(i) where “time and a half” is applicable, the rate of pay is 170 per centum of the hourly rate.
(ii) where “double time” is applicable, the rate of pay is 220 per centum of the hourly rate.
6.7.8.3(c) In computing overtime payments, each days work stands alone.
6.7.8.4 Recall to work
6.7.8.4(a) An employee who is recalled to work overtime after leaving the place of
employment must be paid for a minimum of two hours work at the appropriate rate for such time so recalled. An employee will not be
required to work the full two hours if the work the employee is recalled
to perform is completed in a shorter period.
6.7.8.4(b) Clause 6.7.8.4(a) does not apply when overtime is continuous (subject
to a reasonable meal break) with completion or commencement of ordinary working time.
6.7.8.4(c) Except as provided for in clause 6.7.8.4(d), where an employee is recalled for duty on their programmed day off, the employee should be paid in accordance with the provisions of this clause as applicable and the employee will not be entitled to substitute another day for the programmed day.
6.7.8.4(d) Where a full-time employee has been given prior notice that the employee will be required to work on their programmed day off due to an emergency, such employee will be paid at ordinary time for that day and a substitute day off will be granted. Notice pursuant to this clause must be given as soon as is practicable.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 9
6.7.8.4(e) Overtime worked in the circumstances of this clause 6.7.8.4 is not
regarded as overtime for the purpose of clause 6.6.9 when the actual time worked is less than the minimum of 2 hours on such recall or
recalls.
6.7.8.5 Transport
When an employee is required to work overtime and finishes work at a time when
normal means of transport are not available, the employer must provide the employee with a conveyance to reach the employee's home.
6.7.9 Eight hour break
An employee must wherever practicable:
have at least eight hours free from duty between the completion of one rostered shift and the commencement of the next rostered shift provided; or
where the ordinary hours of work on a rostered shift have exceeded eight hours, the period free from duty must be at least equal to the number of ordinary hours
of the shift.
6.7.10 Meal breaks
6.7.10.1 By arrangement with the employees on each shift an unpaid meal break will be allowed which will be not less than thirty minutes but not more than sixty minutes and which will be free of all duty, provided that the meal break on the night shift will not exceed thirty minutes. Such meal breaks are not regarded as working time.
6.7.10.2 Where an employee is not able to leave the premises during an unpaid meal break
or is otherwise unable to take an unpaid meal break free of all duty they will:
(a) from Monday to Friday receive an allowance as set out in Schedule 2 per half hour of the meal break; or
(b) on Saturdays, Sundays and Public Holidays receive an allowance as set out in
Schedule 2 per half hour of the meal break.
Should an employee in receipt of such an allowance be recalled to work the provisions of clause 6.7.10.3 apply.
6.7.10.3 When an employee is interrupted during a meal break by a call to duty the extent
of the interruption will be counted as time worked and the employee must be allowed to continue their meal break as soon as practicable. Should it be impracticable for the employee to complete their meal break during the remainder
of the ordinary working hours, the employee will receive the appropriate overtime pay for the time so worked.
6.7.10.4 There must be at least one tea break of not less than ten minutes per shift and this break is counted and paid as time worked.
6.7.11 Rosters
6.7.11.1 The ordinary hours of work for each employee must be displayed on a roster in a place conveniently accessible to employees at least seven days before the commencement of the day on which the roster commences, provided however that a roster may be altered at any time to enable the service of the organisation to be carried on in an emergency or when another employee is absent from duty.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 10
Every employee will be entitled to consecutive rostered days off duty provided the
provisions of this sub-clause may be varied by mutual agreement.
6.7.11.2 An employee will wherever practicable have at least eight hours free from duty between the completion of one rostered shift and the commencement of the next rostered shift; provided however that this clause 6.7.11 does not apply if the employee is required to perform the duty to enable the service of the organisation to be carried on when another employee is absent from duty or in an emergency.
6.7.12 Night duty
6.7.12.1 The period of night duty to be worked by an employee must not exceed eight weeks in any six-monthly period, provided that the provisions of this clause 6.7.12 may be varied by agreement with the employee and provided further that these provisions do not apply if the employee is required to perform duty to enable the service of the organisation to be carried on in an emergency or when another employee is absent from duty because of illness.
6.7.12.2 Except in cases of emergency one week’s notice must be given to an employee going on night duty.
6.7.12.3 An employee changing from night duty to day duty or from day duty to night duty must be free from duty during the twenty hours immediately preceding the commencement of the changed duty; provided that this clause 6.7.12 does not apply if the employee is required to perform duty to enable the services of the organisation to be carried out in an emergency or when another employee is absent from duty.
6.7.13 Programmed days off
6.7.13.1 Eight hour shift employees
6.7.13.1(a) A full-time employee who is engaged to work shifts of not longer than
eight ordinary hours will be entitled to one programmed day off in each four week period, such day off to be nominated by the employer in accordance with the rostering provisions of clause 6.7.11.
6.7.13.1(b) Such programmed day off may, at the discretion of the employer be rostered in advance of a full "credit", as described below, having been accrued for the day.
6.7.13.1(c) Notwithstanding anything contained within paragraphs 6.7.13.1(a) or
(b) or in any other provision in this Award, by mutual agreement between the employer and the employee concerned, a full-time employee may work an average of thirty eight ordinary hours per week
in a manner other than a programmed day off, by either having one shift in each week of less than eight ordinary hours, or by having one shift in each two week period of less than eight hours duration.
The day or days on which these shorter shifts are worked will be as mutually agreed between the employer and the employee.
Where either the employee or employer believes that the above methods of working a thirty eight hour week is of benefit, but is unable
to reach agreement with the other party, the matter must be referred to the State Secretary of the Union(s) at which level a conference of the parties must be convened without delay, with the aim of reaching agreement.
If the matter still remains unresolved, either party may refer the matter to the Commission for resolution.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 11
6.7.13.1(d) Notwithstanding anything else contained in this Award, at any time, a
full time employee may seek to defer or be requested to defer or "bank"
for up to six months any programmed day off which becomes due as a result of this clause 6.7.13, provided that such deferral or "banking" is by mutual agreement between the employer and employee.
No more than five programmed days off may be banked at any given time. Deferred programmed days off may be taken as time off as single days or as a block in a manner mutually agreed between the employer and employee. If agreement cannot be reached as to how this time off should be taken, the employer may at two weeks notice inform the employee of the way in which the time off must be taken.
6.7.13.2 Extended night shift employees
A full-time employee who is engaged to work an extended night shift of
between eight and ten ordinary hours will be entitled to at least four programmed days off in each twenty-week period, such days off to be nominated by the employer in accordance with the rostering provisions in clause
6.7.11.
6.7.13.3 Wages
At the option of the employer, either of the following methods may be used to
make payment of wages under the thirty eight hour week:-
6.7.13.3(a) Actual pay
The employer may elect to pay the employee on the basis of each hour worked in the given pay period, without regard to any method of
"averaging".
6.7.13.3(b) Average wages
An employer may elect to pay an employee whose ordinary hours may be more or less than thirty-eight in any particular week of a work cycle,
to be paid on the basis of an average of thirty-eight ordinary hours so as to avoid fluctuating wage payment in each pay period.
6.7.13.4 Effect of leave without pay
6.7.13.4(a) Employees working eight-hour shifts
An employee who is absent from duty on leave without pay for a whole day will, for each day that the employee is so absent, lose average wage for that day calculated by deducting seven hours thirty-six minutes from the average weekly wage.
An employee who is on leave without pay for a whole day will not accrue
a “credit” because the employee would not have worked ordinary hours that day in excess of seven hours thirty-six minutes for which the employee would otherwise have been paid.
6.7.13.4(b) Employees working extended night shifts
An employee who is absent from duty on leave without pay will have deducted from their average wage an amount calculated at the hourly rate for each hour or part thereof that the employee is absent.
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6.7.13.5 Annual leave
An employee who is on annual leave does not accrue any “credit” (or “debit” in
the case of employees working extended night shifts) for the first four weeks of leave taken from each year's entitlement. Any “credit” or “debit” standing at the
start of the leave period will carry forward and be available, subject to normal
rostering procedures, to the employee upon resumption of work.
The employee will then be entitled to a programmed day off upon completing the period of work necessary to have accrued the complete “credit” appropriate to the employee's working arrangement.
6.7.13.6 Termination of employment
Where a full-time employee paid on the average pay system prescribed by this
clause has the contract of employment terminated, or terminates their own employment, the following procedure applies:
6.7.13.6(a) Where the employee has not taken a programmed day off in the work cycle in which termination occurs, the wages due to the employee will include the “credits” accrued as detailed in this clause.
6.7.13.6(b) Where the employee has already taken a day off during the work cycle
in which the termination occurs, the wages due to the employee will be reduced by the total of “credits” which have not accrued during the work
cycle.
6.7.13.7 Work on a programmed day off
An employee required to work on a day otherwise nominated as a programmed day
off and which is not substituted in accordance with clause 6.7.8.4 herein, will be paid for work on such day in accordance with the overtime provisions of clause
6.7.8.
6.7.14 Daylight saving
Notwithstanding anything contained elsewhere in this Award, in any area, where by reason of the Daylight Saving Act 1971 (SA), South Australian Summer Time is prescribed as being in advance of South Australian Standard Time, the length of any shift -
(a) commencing before the time prescribed by the said Act for the commencement of
a South Australian Summer Time period; or
(b) commencing on or before the time prescribed by the said Act for the termination
of a South Australian Summer Time period
will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant
to the said Act.
In this clause 6.7.14 the expressions, South Australian Summer Time and South Australian Standard Time bear the same meanings as are prescribed by the said Act.
6.7.15 Broken shifts
6.7.15.1 Broken Shift is defined as any period of rostered duty which is not continuous but excluding breaks as prescribed by this Award.
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 13
6.7.15.2 Employees working a broken shift from Monday to Friday inclusive must be paid
an additional 10 per centum, calculated on the ordinary rates prescribed by clause
5.1, for each such broken shift worked. Provided that, when the second part of a broken shift finishes at or after 7.30 p.m., the additional payment will be 15 per
centum calculated on the ordinary rate.
6.7.15.3 The provisions of clause 6.7.15.2 do not apply when an employee requests to work hours other than those displayed on the roster.
6.7.15.4 Employees required to work broken shifts must be reimbursed for fares actually incurred to a maximum of the amount set out in Schedule 2 for the second portion
of the broken shift only.
6.7.15.5 The additional payments prescribed by this clause do not form part of the employee's ordinary pay for the purposes of this Award.
CLAUSE 6.8 EARLY MORNING DUTYOPDATE 27:02:2006 on and from
All employees who commence work prior to 7 a.m. Monday to Friday inclusive, except on a public holiday, will receive an additional payment for all hours worked up until 7 a.m. calculated at the rate of 15 per centum of the appropriate ordinary hourly rate as defined in clause 5.1. Such additional payment will be in lieu of any entitlement to payment under clause
6.7.
CLAUSE 6.9 CHRISTMAS DAY FALLING ON A SATURDAY OR SUNDAYOPDATE 27:02:2006 on and from
6.9.1
Applicability Despite any other provisions in the Award when Christmas Day falls on a Saturday or Sunday and the declared Christmas Day public holiday is a day other than the actual day (that is, the Christmas Day public holiday has been substituted for another day), the following arrangements will apply but only for weekly hired employees who do not work a standard Monday to Friday week. Employees employed to work the standard week of Monday to Friday, will be paid in accordance with the existing public holiday provisions of the Award.
6.9.1.1 Actual day means a Saturday or Sunday that is a Christmas Day but the declared public holiday for the Christmas Day has been gazetted for another day.
6.9.1.2 Substitute day means the day that is gazetted a public holiday in lieu of the public holiday for Christmas Day falling on a Saturday or Sunday.
6.9.2 Full-time employees
6.9.2.1 An employee rostered and not required to work on the actual day will be paid for that day at ordinary rates but will not be entitled to the substitute day;
6.9.2.2 An employee rostered and required to work on the actual day will be entitled to:
(a) in addition to the normal Saturday or Sunday payment (as appropriate), a
Christmas Day loading of one half of an ordinary day’s pay, and
(b) the substitute day as a holiday. However, where the substitute day falls on a non-working day, the employee is entitled to either an additional day’s pay or an additional day’s leave with pay.
6.9.2.3 An employee rostered and required to work both on the actual day and also on the substitute day will be entitled to:
(a) for the actual day, the payment described in 6.9.2.2(a); and,
D ISABILITIES S ERVICES A WARD P ART 6 P AGE 14
(b) for the substitute day, either public holiday rates or be granted an
additional day’s leave in lieu of the public holiday rates.
6.9.3 Part-time employees
6.9.3.1 An employee rostered and not required to work on the actual day will be paid for that day at ordinary rates but will not be entitled to the substitute day.
6.9.3.2 An employee rostered and required to work on the actual day will be entitled to:
(a) the payment described in 6.9.2.2(a); and
(b) another day, which may or may not be the substitute day, as a holiday, or payment at ordinary rates for an additional day of equal length.
6.9.3.3 If the benefits of 6.9.3.1 or 6.9.3.2 apply, an employee who works on the
substitute day, will be paid at ordinary time rates for such day.
CLAUSE 6.10 SCHOOL TERMSOPDATE 27:02:2006 on and from
6.10.1 Nothing in this clause will be construed to affect the final determination of the rates and conditions applicable to arrangements associated with school terms but clause
6.10.2 is to be read as an interim measure only.
6.10.2 Employees, whose hours of employment are regulated by the employer having regard
to school terms or semesters or associated school vacation periods, will for the time being, be excluded from the following clauses and parts of this Award:
Clause 1.9 Continuous Service Clause 3.2 Introduction of Change Clause 5.1 Rates of pay
Clause 5.2 Higher dutiesClause 5.3 Payment of wages
Clause 5.4 First AidClause 5.6 On-call allowance
Clause 6.1 Hours of work
Clause 6.2 Implementation of 38 hour weekClause 6.3 Procedures to implement 38 hour week or change of arrangements after initial implementation
Clause 6.4 Day off in each week
Clause 6.5 Meal breaksClause 6.6 Overtime
Clause 6.7 Shift workClause 6.8 Early morning duty
Clause 6.9 Christmas day falling on a Saturday or Sunday
Clause 8.1 Travelling and motor vehicle allowancePart 4 Employer and employees’ duties, employment relationship and related arrangements
Part 7 Leave of absence and public holidays
Part 9 Training and related mattersPart 10 Protective clothing and uniforms
Schedule 1 Rates of PaySchedule 2 Allowances
and will be subject to arrangements in existence at the time this Award was made.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 1
PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS CLAUSE 7.1 ANNUAL LEAVEOPDATE 27:02:2006 on and from
7.1.1 Annual leave will be allowed to all employees (other than a casual employee as defined) after twelve months
continuous service in accordance with the provisions
of this clause.
7.1.2 Annual leave entitlement as prescribed in clause 7.1.1 will be:
(a) if the employee is regularly rostered for duty over seven days of the week - five weeks with pay after twelve months continuous service;
(b) any other employee - four weeks with pay after twelve months continuous service.
7.1.3 Accrual of annual leave
7.1.3.1 Full-time employees
A full-time employee will accrue annual leave as follows:
(a) employees entitled to five weeks annual leave - 15.83 hours for each complete month of service.
(b) employees entitled to four weeks annual leave - 12 2/3 hours for each complete month of service.
7.1.3.2 Part-time employees
Part-time employees will be allowed annual leave of five or four weeks per annum
as prescribed in clause 7.1.2.Payment and accrual of the annual leave must be calculated proportionately based on the ratio which the number of hours worked bears to thirty-eight.
7.1.4 Annual leave exclusive of public holidays
The annual leave prescribed by this clause is exclusive of any public holiday prescribed
by this Award that falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day. For each such holiday falling within the employee’s period of annual leave, the period of leave will be increased by one day.
7.1.5 Proportionate leave on termination
If after one months continuous service in any qualifying twelve monthly period an employee leaves their employment or their employment is terminated by the employer, the employee will be paid at the rate prescribed in clause 7.1.3 applicable
to the employee for each completed month of service for which the employee has not been granted annual leave.
7.1.6 Payment for period of leave
Each employee, before going on annual leave, must be paid the amount of wages the employee would have received in respect of ordinary time the employee would have worked had the employee not been on leave during that period. For the purposes of this clause 7.1.6 the following payments in addition to the Award rates of pay for the appropriate classification, where applicable, must be included in determining the amount so payable for annual leave:
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 2
(a) Week-end penalty rates for rostered shift worker
(b) Shift premiums
(c) Uniform allowances
(d) Other payments to which an employee is entitled in accordance with the employee's contract of employment for ordinary hours of work other than:
(i) Special rates
(ii) Travelling or board allowances
(iii) Overtime.
This clause 7.1.6 will apply to pro rata leave entitlement and payment for same upon termination regardless of whether termination is by the employer or the employee.
7.1.7 Annual leave loading
Each employee, during a period of annual leave or in respect of pro-rata leave or in respect of annual leave on termination of employment, must be paid in addition to their salary for that period a loading computed upon the normal rate of pay attaching
to the classification concerned at the time when the employee commences such leave or such leave becomes payable. The loading will be applied as follows:
(a) A loading of 17 1/2 per cent calculated at the rate of pay as set out in clause 7.1.3
where applicable; or
(b) the weekend and shift penalties the employee would have received had the employee not been on leave during the relevant period, whichever is the greater.
7.1.8 Leave to be taken
The annual leave provided for in this clause will be allowed and must be taken and except for the purposes of discharging any outstanding rights to annual leave on the cessation of employment, payment may not be made or accepted in lieu of annual leave.
7.1.9 Time of taking leave
7.1.9.1 Annual leave is to be taken at a time or times agreed between the employer and the employee. Notwithstanding the provisions of this clause and without the intention of disrupting continuous period(s) of annual leave, by agreement between the employer and employee, a full-time employee may take annual leave
in single day periods not exceeding 10 days in any calendar year for the purposes
of personal leave to care for a family member as set out in clause 7.6.
7.1.9.2 If an employer and employee fail to agree on the time (or times) for taking annual leave, or part of it, the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 weeks before the period of annual leave is to begin.
7.1.9.3 If an employer determines the time for taking annual leave, the leave must be granted and must begin within 12 months after the entitlement to the leave accrues.
7.1.9.4 To assist employees to balance their work and family responsibilities, an employee may elect with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of the entitlement.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 3
7.1.10 Leave allowed before due date
An employer may allow annual leave to an employee before the right thereto has accrued due but where leave is taken in such case a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.
Where leave has been granted to an employee pursuant to this clause 7.1.10 before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the leave was granted, the employer may for each one complete month of the qualifying period of twelve months not served by the employee deduct from whatever remuneration is payable upon the termination of the employment 1/12th of the amount of wage paid on account of the annual leave, which amount does not include any sums paid for any additional leave under clause 7.1.3.
7.1.11 Programmed day off
No credit towards a programmed day off will accrue during any absence on annual leave for the first four weeks of leave taken from each year's entitlement.
7.1.12 Calculation of month
For the purposes of this clause, a month commences on the day of the month when the full time or part time employment of an employee commenced and ends one calendar month later. If there is no such day in the subsequent month, it is the last day of the subsequent month.
Example: A worker begins employment on 31 January. The worker will accrue one month of service on 28 February. The same worker will accrue three months of service on 30 April.
CLAUSE 7.2 PERSONAL LEAVE – INJURY AND SICKNESSOPDATE 27:02:2006 on and from
7.2.1 Entitlement to personal leave An employee (other than a casual employee) who has a personal leave credit:
7.2.1.1 Is entitled to take personal leave if the employee is too sick to work; or
7.2.1.2 Who is on annual leave, is entitled to take personal leave if the person is too sick
to work for a period of at least 3 days. Personal leave so taken does not count as annual leave.
7.2.2 Accrual of personal leave entitlement
7.2.2.1 An employee's entitlement to personal leave accrues as follows:
7.2.2.1(a) For the first year of continuous service - at the rate of 1.46 hours for each completed 38 ordinary hours of work to a maximum of 76 hours.
7.2.2.1(b) For each later year of continuous service, at the beginning of each year:
(i) a full-time employee accrues 76 hours.
(ii) a part-time employee accrues pro rata hours in accordance with the following formula:
| 76 | x | average weekly ordinary hours |
| 38 |
| over the previous 12 months. |
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7.2.2.2 An employee's personal leave accumulates from year to year and any personal
leave taken by the employee is deducted from the employee's personal leave credit.
7.2.3 Conditions for payment of personal leave
7.2.3.1 The employee is not entitled to payment for personal leave unless:
(a) The employee gives the employer notice of the sickness, its nature and estimated duration before the period for which personal leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the period begins); and
(b) The employee, at the request of the employer, provides a medical certificate or other reasonable evidence of sickness.
Without limiting the above provisions, up to three days personal leave absence may occur without the production of a medical certificate provided that the employer may require other reasonable evidence justifying such absences.
7.2.3.2 The employee is entitled to payment at the employee’s ordinary rate of pay (not including payments in the nature of penalty rates, overtime, allowances or loadings) for the period of personal leave.
7.2.4 Programmed day off
7.2.4.1 Where an employee is absent due to personal illness on the working day before, and/or the working day after their programmed day off, they will not be entitled
to payment for such work day(s), unless they produce a medical certificate or a statutory declaration.
7.2.4.2 Where an employee is absent due to personal illness on their programmed day off, such day will stand as the programmed day off and the employee will not be permitted to substitute another day for the programmed day. The employee will not be entitled to personal leave in addition to payment for the programmed day off and the day will not be debited as personal leave.
7.2.4.3 Where an employee has been informed that they will be required to work on their programmed day off, and is subsequently absent on that day due to personal illness the day will be paid as the programmed day off and a substitute day will not be granted.
CLAUSE 7.3 PUBLIC HOLIDAYSOPDATE 27:02:2006 on and from
7.3.1 General 7.3.1.1 Employees (other than casual employees) must be paid an additional 150 per cent
of the appropriate rate based on the ordinary hourly rate as defined, for actual hours worked, on the following public holidays:
New Year's Day;
Australia Day;
Good Friday;
the day after Good Friday;
Easter Monday;
Anzac Day;
Adelaide Cup Day;
Queen's Birthday;
Labour Day;
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 5
Christmas Day;
Proclamation Day; and
any other day which by proclamation or Act of Parliament may be declared a public holiday or any other day which may be substituted for any such day, in
any locality within the State of South Australia.
7.3.1.2 Where a paid public holiday falls on an employee's normal working day during a period when an employee is on annual leave, the period of annual leave will be extended accordingly.
7.3.2 Casual employees
Where a casual employee works on any public holiday the employee must be paid at the rate of 150 per centum in addition to ordinary time. This payment will not include the additional 20 per centum.
7.3.3 7 day shift workers
If a public holiday falls between Monday and Friday inclusive:
7.3.3.1 A full-time 7 day week worker, who does not work on any such day because it is their rostered day off, will receive an extra 7 hours 36 minutes pay in respect of such day;
7.3.3.2 A part-time 7 day week worker, who does not work on any such day because it is their rostered day off, will receive an extra days pay in respect of such day provided that such payment will not exceed 7 hours 36 minutes pay.
7.3.4 Payment for shifts
For the purpose of payment for shift workers for the public holiday in respect of a night shift which commences on one day and concludes on the next following day, the public holiday shift will be regarded as being the shift on which more than half of the total rostered shift hours falls on the public holidays, such that:
(a) if a rostered shift commences at 10.00 p.m. on a public holiday, that shift will not be regarded as a public holiday shift.
(b) if a rostered shift commences at 10.00 p.m. on the day before a public holiday and finishes at 6.00 a.m. on the public holiday such shift will be regarded as a public holiday shift.
In the case noted in paragraph (a) above a night shift worker would be entitled to
a public holiday payment under the provisions of clause 7.3.3.
7.3.5 Minimum payment
Employees, other than shift workers, required to work on a Public Holiday, as defined, must be paid a minimum of two hours work, provided that an employee will not be required to perform work the full two hours if the work such an employee is required
to is completed in a shorter period.
7.3.6 Meal breaks
The provisions relating to meal breaks in clause 6.5 and clause 6.6.8, will apply in respect of work performed on public holidays, as defined.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 6
7.3.7 Absence on day before/after
Where an employee is absent from employment on the day before or the day after a public holiday without reasonable cause or the prior agreement of the employer, the employee will not be entitled to payment for such holiday.
CLAUSE 7.4 BEREAVEMENT LEAVEOPDATE 27:02:2006 on and from
7.4.1 An employee (other than a casual employee), on the death of a: spouse;
parent or parent-in-law;
brother;
sister;
child;
step-parent;
step-child;
guardian;
foster parent;
step brother/sister;
half-brother/sister; or
household member,
is entitled, on reasonable notice, to leave up to and including the day of the funeral of the deceased person. This leave is without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days work. Proof of death must be furnished by the employee to the satisfaction of the employer, if requested.
7.4.2 An employee may take unpaid bereavement leave by agreement with the employer.
7.4.3 This clause has no operation where the period of entitlement to this leave coincides with any other period of leave.
7.4.4 Further to clause 7.4.1, in circumstances where cultural custom and practices relating
to bereavement require an absence from work exceeding paid leave entitlements or an employee requires leave to travel interstate or overseas as a result of
bereavement, additional unpaid bereavement leave may be granted by the employer
for the required period. An employee may choose to use other leave entitlements in addition to unpaid bereavement leave.
CLAUSE 7.5 PARENTAL LEAVEOPDATE 27:02:2006 on and from
7.5.1 Definitions In this clause, unless the contrary intention appears:
7.5.1.1 Adoption includes the placement of a child with a person in anticipation of, or for the purposes of, adoption.
7.5.1.2 Adoption leave means adoption leave provided under 7.5.3.4.
7.5.1.3 Child means a child of the employee or the employee’s spouse under the age of one year; or
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 7
means a child under the age of school age who is placed with an employee for
the purposes of adoption, other than a child or step-child of the employee, or of the spouse of the employee, who has previously lived with the employee for a
continuous period of at least six months.
7.5.1.4 Eligible casual employee means a casual employee employed by an employer during a period of at least 12 months, either:
(a) on a regular and systematic basis for several periods of employment; or
(b) on a regular and systematic basis for an ongoing period of employment, and who has, but for the pregnancy or the decision to adopt, a reasonable
expectation of ongoing employment.
7.5.1.5 Extended adoption leave means adoption leave provided under 7.5.3.4(b).
7.5.1.6 Extended paternity leave means paternity leave provided under 7.5.3.3(b).
7.5.1.7 Government authority means a person or agency prescribed as a government authority for the purposes of this definition.
7.5.1.8 Maternity leave means maternity leave provided under 7.5.3.2.
7.5.1.9 Medical certificate means a certificate as prescribed in 7.5.5.1.
7.5.1.10 Parental leave means adoption leave, maternity leave, paternity leave, extended adoption leave or extended paternity leave as appropriate, and is unpaid leave.
7.5.1.11 Paternity leave means paternity leave provided under 7.5.3.3.
7.5.1.12 Primary care-giver means a person who assumes the principal role of providing care and attention to a child.
7.5.1.13 Relative adoption means the adoption of a child by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle
(whether of the whole blood or half blood or by marriage).
7.5.1.14 Short adoption leave means adoption leave provided under 7.5.3.4(a).
7.5.1.15 Special adoption leave means adoption leave provided under 7.5.10.
7.5.1.16 Special maternity leave means maternity leave provided under 7.5.9.1.
7.5.1.17 Spouse includes a defacto spouse or a former spouse.
7.5.2 Employer’s responsibility to inform
7.5.2.1 On becoming aware that:
(a) an employee is pregnant; or
(b) an employee’s spouse is pregnant; or
(c) an employee is adopting a child,
an employer must inform the employee of:
(i) the employee’s entitlements under this clause; and
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 8
(ii) the employee’s responsibility to provide various notices under this clause.
7.5.2.2 An employer is not entitled to rely on an employee’s failure to produce a certificate or give a notice as required by clause 7.5 unless the employer establishes that this clause 7.5.2 has been complied with in relation to the employee.
7.5.3 Eligibility for and entitlement to parental leave
7.5.3.1 Subject to the qualifications in 7.5.4, the provisions of this clause apply to full- time, part-time and eligible casual employees but do not apply to other employees.
7.5.3.1(a) For the purposes of this clause continuous service is work for an employer on a regular and systematic basis (including a period of authorised leave or absence).
7.5.3.1(b) An employer must not fail to re-engage a casual employee because:
(i) the employee or the employee’s spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental leave.
7.5.3.1(c) The right of an employer in relation to engagement and re-engagement
of casual employees are not affected, other than in accordance with this clause.
7.5.3.2 An employee who becomes pregnant is, on production of the required medical certificate, entitled to up to 52 weeks of maternity leave.
7.5.3.3 A male employee is, on production of the required medical certificate, entitled
to one or two periods of paternity leave, the total of which must not exceed 52
weeks, as follows:
7.5.3.3(a) An unbroken period of up to one week at the time of the birth of the
child.
7.5.3.3(b) A further unbroken period of up to 51 weeks in order to be the primary care-giver of the child (to be known as extended paternity leave).
7.5.3.4 An employee is entitled to one or two periods of adoption leave, the total of which must not exceed 52 weeks, as follows:
7.5.3.4(a) An unbroken period of up to three weeks at the time of the placement of the child (to be known as short adoption leave).
7.5.3.4(b) A further unbroken period of up to 49 weeks in order to be the primary care-giver of the child (to be known as extended adoption leave).
7.5.3.5 Subject to complying with any relevant provision as to the taking of annual leave
or long service leave, an employee may, instead of or in conjunction with
parental leave, take any annual leave or long service leave (or any part of it) to which the employee is entitled.
7.5.3.6 Paid personal leave or other paid absences (other than accrued annual leave or long service leave) are not available to an employee during absence on parental leave.
7.5.4 Qualifications on entitlements and eligibility
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 9
7.5.4.1 An employee engaged upon casual or seasonal work is not entitled to parental
leave.
7.5.4.2 An entitlement to parental leave is subject to the employee having at least 12
months of continuous service with the employer immediately preceding:
(a) in the case of maternity leave, the expected date of birth; or otherwise
(b) the date on which the leave is due to commence.
7.5.4.3 The entitlement to parental leave is reduced:
7.5.4.3(a) In the case of maternity leave, by any period of extended paternity leave taken by the employee’s spouse and/or by any period of special maternity leave taken by the employee.
7.5.4.3(b) In the case of extended paternity leave, by any period of maternity leave taken by the employee’s spouse.
7.5.4.3(c) In the case of extended adoption leave, by any period of extended adoption leave taken by the employee’s spouse.
7.5.5 Certification required
7.5.5.1 An employee must, when applying for maternity leave or paternity leave,
provide the employer with a medical certificate that:
(a) names the employee or the employee’s spouse, as appropriate;
(b) states that the employee or the employee’s spouse is pregnant; and
(c) states:
(i) the expected date of birth;
(ii) the expected date of termination of pregnancy; or
(iii) the date on which the birth took place, whichever is appropriate.
7.5.5.2 At the request of the employer, an employee must, in respect of the conferral of parental leave, produce to the employer within a reasonable time a statutory declaration which states:
7.5.5.2(a) Parental leave
(i) The particulars of any period of parental leave sought or taken by the employee’s spouse, and where appropriate;
(ii) That the employee is seeking the leave to become the primary care-giver of a child.
7.5.5.2(b) Adoption leave
(i) In the case of adoption leave, a statement from a Government authority giving details of the date, or presumed date, of adoption; and
(ii) That for the period of the leave the employee will not engage in any conduct inconsistent with the employee’s contract of employment.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 10
7.5.6 Notice requirements
7.5.6.1 Maternity leave
7.5.6.1(a) An employee must:
(i) Not less than 10 weeks before the expected date of birth of the child, give notice in writing to her employer stating the expected date of birth; and
(ii) Give not less than four weeks notice in writing to her employer of the date of which she proposes to commence maternity leave stating the period of leave to be taken; and
(iii) Notify the employer of any change in the information provided pursuant to 7.5.5 within two weeks after the change takes place.
7.5.6.1(b) An employer may, by not less than 14 days notice in writing to the employee, require her to commence maternity leave at any time within six weeks immediately before the expected date of birth. Such a notice may be given only if the employee has not given her employer the required notice.
7.5.6.2 Paternity leave
An employee must:
7.5.6.2(a) Not less than 10 weeks prior to each proposed period of paternity leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period(s) of paternity leave.
7.5.6.2(b) Notify the employer of any change in the information provided pursuant
to 7.5.5 within two weeks after the change takes place.
7.5.6.3 Adoption leave
An employee must:
7.5.6.3(a) On receiving notice of approval for adoption purposes, notify the employer of the approval and, within two months of the approval, further notify the employer of the period(s) of adoption leave the employee proposes to take.
7.5.6.3(b) In the case of a relative adoption, so notify the employer on deciding
to take a child into custody pending an application for adoption.
7.5.6.3(c) As soon as the employee is aware of the expected date of placement of
a child for adoption purposes, but not later than 14 days before the expected date of placement, give notice in writing to the employer of that date, and of the date of commencement of any period of short adoption leave to be taken.
7.5.6.3(d) At least 10 weeks before the proposed date of commencing any extended adoption leave, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.
7.5.6.4 Unforeseen circumstances
An employee is not in breach of any of these notice requirements if the
employee’s failure to comply is caused by unforeseen or other compelling circumstances, including:
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 11
(a) the birth occurring earlier than the expected date; or
(b) the death of the mother of the child; or
(c) the death of the employee’s spouse, or
(d) the requirement that the employee accept earlier or later placement of the child,
so long as, where a living child is born, the notice is given not later than two weeks after the birth.
7.5.7 Taking of parental leave
7.5.7.1 No employee may take parental leave concurrently with such leave taken by the employee’s spouse, apart from paternity leave of up to one week at the time of the birth of the child or adoption leave of up to 3 weeks at the time of the placement of the child.
7.5.7.2 Subject to complying with any relevant provision as to the taking of annual leave
or long service leave, an employee may, instead of or in conjunction with
parental leave, take any annual leave or long service leave to which the employee is entitled.
7.5.7.3 Paid personal leave or other paid absences are not available to an employee during the employee’s absence on parental leave.
7.5.7.4 A period of maternity leave must be taken as one continuous period and must include, immediately following the birth of the child, a period of 6 weeks of compulsory leave.
7.5.7.5 Subject to 7.5.4 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
7.5.7.6 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
7.5.7.7 Where leave is granted under 7.5.7.5, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
7.5.7.8 Maternity leave and paternity leave cannot extend beyond the child’s first birthday.
7.5.7.9 Adoption leave cannot extend beyond the child’s fifth birthday.
7.5.7.10 Extended adoption leave cannot extend beyond the first anniversary of the initial placement of the child.
7.5.7.11 Not withstanding the provisions of this clause, employees eligible for parental leave have the right to request parental leave as consistent with 7.5.15.
7.5.8 Variation and cancellation of parental leave
7.5.8.1 Without extending an entitlement beyond the limit set by 7.5.3, parental leave
may be varied as follows:
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(a) The leave may be lengthened once by the employee giving the employer at
least 14 days notice in writing stating the period by which the employee requires the leave to be lengthened.
(b) The leave may be lengthened or shortened by agreement between the employer and the employee.
7.5.8.2 Parental leave, if applied for but not commenced, is cancelled:
(a) should the pregnancy terminate other than by the birth of a living child; or
(b) should the placement of a child proposed for adoption not proceed.
7.5.8.3 If, after the commencement of any parental leave:
(a) the pregnancy is terminated other than by the birth of a living child or, in the case of adoption leave, the placement of the child ceases; and
(b) the employee gives the employer notice in writing stating that the employee desires to resume work,
the employer must allow the employee to resume work within four weeks of receipt of the notice.
7.5.8.4 Parental leave may be cancelled by agreement between the employer and the employee.
7.5.9 Special maternity leave and personal leave
7.5.9.1 If:
(a) an employee not then on maternity leave suffers illness related to her pregnancy she is entitled to take leave under 7.2; or
(b) the pregnancy of an employee not then on maternity leave terminates after
28 weeks otherwise than by the birth of a living child,
she may take such paid personal leave as she is then entitled to and such further unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies to be necessary before her return to work. Provided that the aggregate of paid personal leave, special maternity leave and maternity leave must not exceed the period to which the employee is entitled under 7.5.3.2 and she is entitled to take unpaid special maternity leave for such periods as a registered medical practitioner certifies as necessary.
7.5.9.2 Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid personal leave
to which she is entitled in lieu of, or in addition to, special maternity leave.
7.5.9.3 An employee who returns to work after the completion of a period of such leave is entitled to the position which she held immediately before commencing such leave, or in the case of an employee who was transferred to a safe job, to the position she held immediately before such transfer.
7.5.9.4 If that position no longer exists, but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position,
as nearly as possible, comparable in status and pay as that of her former position.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 13
7.5.10 Special adoption leave
7.5.10.1 An employee who has received approval to adopt a child who is overseas is entitled to such unpaid leave as is reasonably required by the employee to obtain custody of the child.
7.5.10.2 An employee who is seeking to adopt a child is entitled to such unpaid leave not exceeding five days as is required by the employee to attend such interviews, workshops, court attendances or examinations as are necessary as part of the adoption procedure.
7.5.10.3 The leave under this clause 7.5.10 is to be known as special adoption leave and does not affect any entitlement under 7.5.3.
7.5.10.4 Special adoption leave may be taken concurrently by an employee and the employee’s spouse.
7.5.10.5 Where paid leave is available to the employee, the employer may require the employee to take such leave instead of special adoption leave.
7.5.11 Transfer to a safe job - maternity leave
7.5.11.1 If, in the opinion of a legally qualified medical practitioner:
(a) illness or risks arising out of the pregnancy; or
(b) hazards connected with the work assigned to the employee,
make it inadvisable for the employee to continue her present work, the employee must, if the employer considers that it is practicable to do so, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
7.5.11.2 If the transfer to a safe job is not considered practicable, the employee is entitled,
or the employer may require the employee, to take leave for such period as is certified necessary by a legally qualified medical practitioner.
7.5.11.3 Leave under this clause 7.5.11 will be treated as maternity leave.
7.5.12 Part-time work
An employee who is pregnant or is entitled to parental leave may, by agreement with the employer, reduce the employee’s hours of employment to an agreed extent subject to the following conditions:
7.5.12.1 Where the employee is pregnant, and to do so is necessary or desirable because
of the pregnancy; or
7.5.12.2 Where the employee is entitled to parental leave, by reducing the employee’s entitlement to parental leave for the period of such agreement.
7.5.12.3 An employee may work part-time under this clause despite any other provision of this Award or a contract which limits or restricts the circumstances in which part- time work may be worked, including provisions:
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 14
(a) limiting the number of employees who may work part-time; or
(b) establishing quotas as to the ratio of part-time to full-time employees; or
(c) prescribing a minimum or maximum number of hours a part-time employee may work,
and such provisions do not apply to part-time work under this clause.
7.5.13 Communication during parental leave
7.5.13.1 Where an employee is on parental leave and a definite decision has been made
to introduce significant change at the workplace, the employer shall take reasonable steps to:
(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
7.5.13.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
7.5.13.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with
7.5.13.1.
7.5.14 Return to work after parental leave
7.5.14.1 An employee must confirm the employee’s intention to return to work, by notice in writing, to the employer given at least four weeks before the end of the period of parental leave.
7.5.14.2 On returning to work after parental leave an employee is entitled:
(a) to the position which the employee held immediately before commencing
parental leave; or
(b) in the case of an employee who was transferred to a safe job, to the position which she held immediately before the transfer.
7.5.14.3 If the employee’s previous position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee is entitled to a position as nearly as comparable in status and pay to that of the employee’s former position.
7.5.14.4 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.
Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee's former position.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 15
7.5.15 Right to request
7.5.15.1 An employee entitled to parental leave pursuant to clause 7.5.3, may request the employer to allow the employee:
(a) to extend the period of simultaneous unpaid leave provided for in clause
7.5.3.3(a) and 7.5.3.4(a) up to a maximum of eight weeks;
(b) to extend the period of unpaid parental leave provided for in 7.5.3.2 by a further continuous period of leave not exceeding 12 months;
(c) to return to work 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.
7.5.15.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
7.5.15.3 The employee’s request and the employer’s decision made under 7.5.15.1(b) and
(c) must be recorded in writing.
7.5.15.4 Where an employee wishes to make a request under 7.5.15.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
7.5.16 Termination of employment
7.5.16.1 An employee on parental leave may terminate their employment at any time during the period of leave by giving the required notice.
7.5.16.2 An employer must not terminate the employment of an employee on the ground
of her pregnancy or an employee’s absence on parental leave. Otherwise the rights of an employer in relation to termination of employment are not affected by this clause.
7.5.17 Replacement employees
7.5.17.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
7.5.17.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights
of the employee who is being replaced.
CLAUSE 7.6 PERSONAL LEAVE TO CARE FOR A FAMILY MEMBEROPDATE 27:02:2006 on and from
7.6.1 Definitions 7.6.1.1 Personal leave to care for a family member means leave provided in accordance with this clause.
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 16
7.6.1.2 Family - the following are to be regarded as members of a person's family:
(a) a spouse;
(b) a child or step child;
(c) a parent or parent in-law;
(d) any other member of the person's household;
(e) a grandparent or grandchild;
(f) any other person who is dependent on the person's care.
7.6.1.3 Personal leave means leave provided for in accordance with clause 7.2.
7.6.2 Paid personal leave to care for a family member
7.6.2.1 An employee (other than a casual employee) with responsibilities in relation to a member of the employee’s family who need the employee’s care and support:
(a) due to personal injury; or
(b) for the purposes of caring for a family member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency,
is entitled to up to 10 days or 76 hours in any completed year of continuous service (pro rata for part-time employees) to provide care and support for such persons when they are ill.
7.6.2.2 By agreement between the employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in this clause. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
7.6.2.3 The entitlement to use personal leave to care for a family member is subject
to the employee being responsible for the care of the person concerned.
7.6.2.4 The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.
7.6.2.5 In normal circumstances an employee must not take personal leave to care for
a family member where another person has taken leave to care for the same person.
7.6.2.6 The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of the absence.
7.6.2.7 The amount of personal leave to care for a family member taken is to be deducted from the amount of the employees personal leave credit.
7.6.3 Unpaid personal leave to care for a family member
D ISABILITIES S ERVICES A WARD P ART 7 P AGE 17
7.6.3.1 Where an employee has exhausted all paid personal leave entitlements, an
employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill or who requires care
due to an unexpected emergency.
7.6.3.2 The employer and the employee shall agree upon the period of unpaid personal leave to care for a family member which may be taken.
7.6.3.3 In absence of the agreement between the employer and the employee, the employee is entitled to take up to two days (of a maximum of 16 hours) of unpaid leave per occasion, provided that notice and evidentiary requirements are met.
7.6.4 Single day absences
Single day absences may be taken for personal leave to care for a family member
as provided for in Clause 7.1.9 Time of Taking Annual Leave.
7.6.5 Casual employees caring responsibilities
7.6.5.1 Casual employees are not entitled to personal leave to care for a family member or bereavement leave but subject to the notice and evidentiary requirements in 7.6 and 7.4, casuals are entitled to not be available to attend work, or to leave work:
(a) to care for a member of their family who is sick and require care and support, or who require care due to an unexpected emergency, or the birth
of a child; or
(b) upon the death of a family member.
7.6.5.2 The period for which the employee will be entitled to not be available to attend work for each occasion in clause 7.6.5.1 is:
(a) the period agreed upon between the employer and the employee; or
(b) up to 48 hours (or 2 days) per occasion.
7.6.5.3 The casual employee is not entitled to any payment for the period of non- attendance under this clause.
7.6.5.4 An employer must not fail to re-engage a casual employee because the employee accessed the entitlement provided for under this clause. The rights of an employer
to engage or not to engage a casual employee are otherwise not affected.
7.6.5.5 This clause does not intend to alter the nature of casual employment and is without prejudice to any parties’ arguments about the nature of casual employment.
D ISABILITIES S ERVICES A WARD P ART 8 P AGE 1
PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROMUSUAL PLACE OF WORK CLAUSE 8.1 TRAVELLING AND MOTOR VEHICLE ALLOWANCEOPDATE 27:02:2006 on and from
8.1.1 Employees required to travel on the employer’s business will be supplied with a vehicle by the employer, provided that, where the employer’s vehicle is not available
and the employee uses their own vehicle, the employer must pay to the employee a
vehicle allowance as set out in Schedule 2 per kilometre.
8.1.2 An employee required to travel by other means in connection with their work must be reimbursed all reasonable travelling expenses so incurred, provided that, where an employee is required to travel by air transport the employer will provide a return economy class air fare to the employee prior to departure.
8.1.3 Where an employee is called on duty at night or at any time other than their normal hours or on any non-working day, the employee must be reimbursed their fares, or if using their own vehicle to travel between their home and place of work, receive a travel allowance as set out in clause 8.1.1.
8.1.4 An employee required to travel intra or interstate on official business must be reimbursed the cost of reasonable board, lodgings, meals and fares. Reasonable proof
of costs so incurred is to be provided by the employee to the employer.
CLAUSE 8.2 CAMPS/LIVING AWAY ARRANGEMENTSOPDATE 27:02:2006 on and from
8.2.1 Nothing in this clause may be construed to affect the final determination of the rates and conditions applicable to camps/living away arrangements.
8.2.2 Employees who attend camps or who are required to live away from their place of residence due to the requirements of the employer, other than sleepover or live-in arrangements, as defined, during such attendance at camps or when living away from their place of residence, will, for the time being, be excluded from the following clauses of this Award:
Clauses 6.1, 6.2, 6.3, 6.4, 6.5;
Clauses 5.4, 5.5, 5.6, 6.6, 6.7, 6.8, 7.3, 8.1;
CLAUSE 8.3 LIVE-IN ARRANGEMENTSOPDATE 27:02:2006 on and from
8.3.1 Nothing in this clause may be construed to affect the final determination of the rates and conditions applicable to live-in arrangements.
8.3.2 Employees who are required by the employer to live on the employer's or the client's premises other than sleepover, as defined, will, for the time being, be excluded from the following clauses and parts of the Award:
Clauses 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 9.1;
Clauses 4.1, 4.2, 4.3, 4.4, 4.5, 4.6;
Clauses 6.1, 6.2, 6.3, 6.4, 6.5;
Clauses 6.6, 6.7, 6.8, 6.9, 7.3, 8.1; and
Clauses 7.1, 7.2, 7.4, 7.5, 7.6, 9.2.
D ISABILITIES S ERVICES A WARD P ART 8 P AGE 2
CLAUSE 8.4 SLEEPOVER ARRANGEMENTSOPDATE 27:02:2006 on and from8.4.1
Definitions Sleepover is defined as any arrangement not otherwise set out in this Award, but excluding live-in arrangements and camps/living arrangements, where an employee is required to be present on the employers or clients premises overnight for the purpose
of supervising residents, even though the employee may be asleep.
8.4.2 Applicability of award provision
Employees undertaking sleepover will, for the period of the sleepover, be excluded from other provisions in the Award with the following exceptions:
Clauses 1.1, 1.2, 1.3, 1.4, 1.5, 1.8;
Clauses 1.9, 3.2, 4.7, 4.8, 4.9; and
Clauses 3.3, 11.1, 11.2, 11.3.
Such employees will have their terms and conditions provided in Schedule 3.
D ISABILITIES S ERVICES A WARD P ART 9 P AGE 1
PART 9 – TRAINING AND RELATED MATTERS CLAUSE 9.1 QUALIFICATIONSOPDATE 27:02:2006 on and from
9.1.1 All employees are required to have the minimum necessary qualifications for a particular level as provided in Schedule 5 clause S5.1
9.1.2 An employee will not be appointed to Level 2 unless they hold a Community Care
Certificate or equivalent or trade qualifications.
9.1.3 An employee will not be appointed to Level 3 unless they hold a Community Care Certificate or equivalent. In addition, it is preferable that an employee at this level hold supervisory qualifications.
9.1.4 An employee will not be appointed to Level 4 or Level 5 unless they hold a Degree in
Applied Science (Developmental Disabilities) or equivalent.
9.1.5 An employee will not be appointed to Level 6 unless they hold a Degree in
Management or in an appropriate human services area.
9.1.6 An employer will determine the appropriateness or otherwise of a qualification having regard to the nature of work performed within the position. Where an employee is not satisfied with the determination by the employer, the matter will be resolved in accordance with the Dispute Settling Procedure in clause 3.3.
CLAUSE 9.2 TRADE UNION TRAINING LEAVEOPDATE 27:02:2006 on and from9.2.1 Subject to the conditions of this clause, employees at any one establishment of any employer and who are members of the
Union(s) will be entitled to leave to attend trade union training courses conducted or sponsored by the
Union(s).
9.2.2 No employer will be required to grant more than ten rostered shifts in two calendar years to eligible employees at any one establishment to be calculated from the date leave is first granted.
9.2.3 An employer will not be required to grant such leave unless the employer employs five
or more equivalent full-time employees subject to this Award on any given premises. To establish the number of equivalent full-time employees, the total paid hours per week of employees covered by this Award will be divided by thirty-eight.
Not withstanding the above, where an employer employs less than five equivalent full- time employees subject to this Award on any given premises, the employer will grant
a maximum of five normal working days leave per premises per annum.
9.2.4 Leave granted pursuant to this clause will be subject to the following conditions:
9.2.4.1 The employer affected by the leave should be advised and consulted as to the nature and content of the course to be attended.
9.2.4.2 The scope, content and level of course for which leave is granted will be such as to contribute to a better understanding of industrial relations.
9.2.4.3 All applications for leave pursuant to this clause must be made in writing by the
Union to the employer stating the following details:
D ISABILITIES S ERVICES A WARD P ART 9 P AGE 2
(a) the name of the employee seeking leave;
(b) the period of time for which leave is sought (including daily commencing and finishing times of the course);
(c) title description and agenda of the course or courses to be attended;
(d) the place or places where the said course will be held;
(e) the name of the person or organisation conducting the course or courses;
(f) a copy of the syllabus of the course to be attended if available.
9.2.4.4 Not less than four weeks notice will be given to the employer.
9.2.4.5 An employee must have completed a period of twelve months service with an employer before eligible for the leave.
9.2.4.6 The granting of such leave is subject to the employer being able to make adequate staffing arrangements during the period of such leave. However, an employer must not use this paragraph to avoid his or her obligation under this clause.
9.2.4.7 At any one time, no more than one employee of any one establishment of any employer covered by this Award may be on leave pursuant to this clause unless otherwise agreed.
9.2.4.8 An employee will not be entitled to payment for attendance at such a course unless she or he would have otherwise have been rostered to attend for work on the day concerned.
9.2.5 An employer will not be liable for any additional expense associated with an employee’s attendance at a Trade Union course other than for the payment of the shift for such absence.
9.2.6 Should a programmed day off fall during an employee’s attendance at a course, a day off in lieu of that day will not be granted. The programmed day off will not be debited as trade union training for purposes of the total number of days permitted per year.
9.2.7 Where an employee attending a course pursuant to this clause is recalled to the employee’s place of work by the employer because of reasons unforseen at the time
of granting the said leave, all time spent at the course prior to recall will be reinstated as if such leave was not taken.
9.2.8 Where an employee fails to attend the course for which leave has been granted by the employer, the Union will notify the employer as soon as possible of the non- attendance and the period thereof. The employer will not be required to make payments for any period of leave granted unless the employee can substantiate that the failure to attend this course was due to illness. In this regard payment will be made in accordance with Clause 7.2 Personal Leave – Injury and Sickness.
9.2.9 Upon request an employee granted such leave will provide to the employer a brief outline of the nature of the course and the employee’s observation thereof.
9.2.10 Leave taken pursuant to this clause will be counted as continuous service for all purposes of the Award and for the purpose of long service leave entitlements.
9.2.11 Any dispute regarding the operation of this clause may be referred to the
Commission for conciliation and/or arbitration.
D ISABILITIES S ERVICES A WARD P ART 10 P AGE 1
PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS,EQUIPMENT, TOOLS AND AMENITIES CLAUSE 10.1 PROTECTIVE CLOTHING AND UNIFORMSOPDATE 27:02:2006 on and from10.1.1 Where an employer requires an employee to wear protective clothing, a uniform, or footwear of a special nature, such protective clothing, uniform or footwear as are reasonably required must be provided and maintained by the employer. Provided that any issue of protective clothing, uniforms or footwear will remain the property of the employer.
10.1.2 Where an employee is not provided with protective clothing, a uniform or footwear in accordance with clause 10.1.1, an allowance as set out in Schedule 2 must be paid.
D ISABILITIES S ERVICES A WARD P ART 11 P AGE 1
PART 11 – AWARD COMPLIANCE AND ASSOCIATION RELATEDMATTERS CLAUSE 11.1 EXHIBITION OF AWARDOPDATE 27:02:2006 on and from
A copy of this Award written in legible characters, must be kept in an accessible place at each worksite, where employees covered by this Award are situated, for the perusal of employees.
CLAUSE 11.2 TIME AND WAGES RECORDSOPDATE 27:02:2006 on and fromIn accordance with section 102 of the
Act, as amended, the employer must maintain a correct record of the hours worked and the wages and overtime paid to each employee in each week. The employer must produce such records for inspection by the Secretary or Branch Secretary
or a duly accredited Union official of the
Union/s, each of whom will have the right to inspect such records, and also the right to visit the office of the employer for this purpose, and also for
the purpose of investigating any breach or suspected breach of this Award.
CLAUSE 11.3 RIGHT OF ENTRYOPDATE 27:02:2006 on and from
11.3.1 An official of the
union may enter an employer’s premises at which one or more members to the
union work and:
11.3.1.1 Inspect time books and wages records; and
11.3.1.2 Inspect the work carried out in the workplace and note the conditions under which the work is carried out; and
11.3.1.3 If specific complaints of non-compliance with the award have been made, interview any person who works at the workplace about the complaints.
11.3.2 Before an official exercises these powers the official must give reasonable notice in writing to the employer of at least 24 hours unless some other period is reasonable in the circumstances of the particular case.
11.3.3 A person exercising these powers mist not interrupt the performance of work at the workplace or:
11.3.3.1 Harass an employer or employee; or
11.3.3.2 Address offensive language to an employer or employee; or
11.3.3.3 Hinder or obstruct an employee from carrying out a duty of employment; or
11.3.3.4 Use or threaten any force in relation to an employer, an employee or any other person.
11.3.4 An employer may apply to the Commission seeking the withdrawal of the relevant powers from an official from an association in the event of an abuse of any of these powers.
D ISABILITIES S ERVICES A WARD S CHEDULE 1 P AGE 1
SCHEDULE 1 - RATES OF PAYOPDATE 27:02:2006 on and fromNote:- The rates of pay in this Schedule operated from the first pay period to commence on or after 14 July 2005.
S1.1 Pursuant to the provisions of Clause 5.1 Rates of Pay, the following minimum annual rates of pay will apply:
Per annum
$
Level 1
Step 1 28,886
Step 2 29,343
Level 2
Step 1 30,171
Step 2 30,766
Step 3 31,150
Level 3
Step 1 32,050
Step 2 32,780
Step 3 33,603
Step 4 34,438
Level 4
Step 1 35,411
Step 2 36,496
Step 3 37,581
Level 5
Step 1 39,031
Step 2 41,401
Step 3 42,937
Level 6
Step 1 44,487
Step 2 45,533
Step 3 47,242
S1.2 The wage relativities in this Award have been established via the structural efficiency and minimum rates adjustment processes in accordance with the September 1989
State Wage Case decision (Print I.69/1989).
S1.3 Safety net adjustments
S1.3.1 The rates of pay in this Award include the arbitrated safety net adjustment payable under the State Wage Case July 2005. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such above Award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, Award variations
to give effect to enterprise agreements and over Award arrangements. Absorption which is contrary to the terms of an agreement is not required.
D ISABILITIES S ERVICES A WARD S CHEDULE 1 P AGE 2
Increases made under previous State Wage Case principles or under the current
Declaration, excepting those resulting from enterprise agreements, or Award variations to give effect to enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
S1.3.2 The rates of pay in this Award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply.
D ISABILITIES S ERVICES A WARD S CHEDULE 2 P AGE 1
SCHEDULE 2 - ALLOWANCESOPDATE 27:02:2006 on and fromNote:- The allowances in this Schedule operated from the dates shown. | Clause no. | Description | Amount | Operative date |
| 5.4 | First aid | $9.60 | Per week | 14:07:2005 1st pp on or after |
| 5.5.1 | On-call – 12 hours or less | $6.75 |
| 14:07:2005 1st pp on or after |
| 5.5.1 | On-call – more than 12 hours and up to and including 24 hours | $15.15 |
| 14:07:2005 1st pp on or after |
| 6.6.8.2(a) | Meal allowance | $11.60 | Per meal | 17:08:2005 1st pp on or after |
| 6.7.10.2(a) | Meal break – Monday to Friday | $9.50 | Per half hour | 14:07:2005 1st pp on or after |
| 6.7.10.2(b) | Meal break – Saturdays, Sundays and Public Holidays | $12.30 | Per half hour | 14:07:2005 1st pp on or after |
| 6.7.15.4 | Broken shifts – fares (maximum) | $4.15 | For the second portion of the broken shift only | 17:08:2005 1st pp on or after |
| 8.1.1 | Vehicle allowance | $0.64 | Per km | 17:08:2005 1st pp on or after |
| 10.1.2 | Protective clothing/uniform – full-time employee | $4.45 | Per week | 14:07:2004 1st pp on or after |
| 10.1.2 | Protective clothing/uniform – part-time or casual employee | $0.12 | Per hour | 14:07:2004 1st pp on or after |
| 10.1.2 | Footwear – full-time employee | $66.20 | Per annum | 14:07:2004 1st pp on or after |
| 10.1.2 | Footwear – part-time or casual employee | $0.04 | Per hour | 14:07:2004 1st pp on or after |
| S3.4.1 | Sleepover | $6.25 | Per hour | 14:07:2005 1st pp on or after |
D ISABILITIES S ERVICES A WARD S CHEDULE 3 P AGE 1
SCHEDULE 3 - SLEEPOVER ARRANGEMENTSOPDATE 27:02:2006 on and from S3.1 Sleepover preferably not to be sole employment relationship
For an employee undertaking sleepover the period of sleepover should, where possible, be attached to a shift of shifts.
S3.2 Hours of work
An employee may only be required to work a sleepover arrangement for a maximum
of nine hours between the hours of 8.00 p.m. and 8.00 a.m. the following day.
S3.3 Duties
An employee required to work a sleepover arrangement is required to respond and provide assistance to calls from clients. Where an employee is not required to respond to calls from clients, they must not be required to perform the duties of any classification of employee prescribed by this Award.
S3.4 Rate of remuneration
S3.4.1 The interim rate of remuneration will be as stated in Schedule 3, Duty Employee classification of the South Australian Government Health Etc Ancillary Employees Award (which is set out in Schedule 2 per hour) for all the sleepover arrangement other than for those hours worked at the substantive classification of the employee. This interim rate can not be used by parties as a precedent for future determinations.
S3.4.2 Where an employee responds to calls from clients the employee must be paid at their substantive classification rate for a minimum of one hour and in addition will receive the relevant penalty rate pursuant to clauses 6.7.5, 6.7.6, 7.3.1 and 7.3.2. Where a further call from clients occurs within the hour for which an employee has received payment as outlined above for that hour, no further payment will be made until that hour has expired.
S3.5 Entitlement to annual leave
An employee will prior to proceeding on annual leave be paid, subject to clause 7.1, Annual Leave, in addition to any annual leave entitlement, either:-
(a) an annual leave loading, in accordance with clause 7.1.7(a);or
(b) weekend and shift penalties in accordance with 7.1.7(b) plus the sleepover payments the employee would have received had the employee not been on leave during the relevant period, whichever is the greater.
D ISABILITIES S ERVICES A WARD S CHEDULE 3 P AGE 2
S3.6 Employer provided facilities
Where an employee is required to work a sleepover arrangement the following facilities will be provided at no cost to the employee;
(a) Provision of a bed and bed linen,
(b) Reasonable furniture,
(c) Provision of toilet,
(d) Provisions for the storage of light food stuffs and beverages,
(e) Provision of a separate room subject to availability, however, where no such separate room exists the employee must be provided with a suitable area for sleeping, offering reasonable privacy.
D ISABILITIES S ERVICES A WARD S CHEDULE 4 P AGE 1
SCHEDULE 4 - SUPPORTED WAGE PROVISIONSOPDATE Remuneration Minimum Standard 17:04:2006 1st pp on or after This Schedule defines the conditions which will apply to employees who because of the effects
of a disability are eligible for a supported wage under the terms of this Award. In the context
of this Schedule, the following definitions will apply:
Accredited assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.
Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
Supported Wage System means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as documented in “Supported Wage System: Guidelines and Assessment Process”.
CLAUSE S4.2 ELIGIBILITY CRITERIA S4.2.1 Employees covered by this Schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity, and who meet the impairment criteria for receipt of a disability support pension.
S4.2.2 This Schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment.
S4.2.3 This Schedule does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension
in accordance with the requirements of the Disabilities Service Act 1986 and the
Standards contained therein, as amended from time to time.
CLAUSE S4.3 SUPPORTED WAGE RATES S4.3.1 Employees to whom this Schedule applies will be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person
is performing according to the following schedule:
D ISABILITIES S ERVICES A WARD S CHEDULE 4 P AGE 2
10% 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
S4.3.2 Provided that the minimum amount payable will not be less than $62 per week.
S4.3.3 Where a person's assessed capacity is 10% they will receive a high degree of assistance and support.
CLAUSE S4.4 ASSESSMENT OF CAPACITY For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
S4.4.1 the employer and a Union party to the Award, in consultation with the employee or, if desired by any of these;
S4.4.2 the employer and an accredited assessor acceptable to the employee and the employee’s advisers and to the employer.
CLAUSE S4.5 LODGEMENT OF ASSESSMENT INSTRUMENT S4.5.1 All assessment instruments under the conditions of this Schedule, including the appropriate percentage of the Award wage to be paid to the employee, will be lodged
by the employer with the Registrar of the Commission.
S4.5.2 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where a Union which is party to the Award, is not a party
to the assessment, it will be referred by the Registrar to the Union by certified mail and will take effect unless an objection is notified to the Registrar within 10 working
days.
CLAUSE S4.6 REVIEW OF ASSESSMENT The assessment of the applicable percentage should be subject to annual review, or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the Supported Wage System.
CLAUSE S4.7 OTHER TERMS AND CONDITIONS OF EMPLOYMENT Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this Schedule will be entitled to the same terms and conditions of employment as all other workers covered by this Award paid on a pro rata basis.
D ISABILITIES S ERVICES A WARD S CHEDULE 4 P AGE 3
CLAUSE S4.8 WORKPLACE ADJUSTMENT An employer wishing to employ a person under the provisions of this Schedule will take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation, in consultation with other workers in the area.
S4.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this Schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding 4 weeks) may be needed.
S4.9.2 During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
S4.9.3 The minimum amount payable to the employee during the trial period will not be less than $62 per week.
S4.9.4 Work trials should include induction or training, as appropriate, to the job being trialed.
S4.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment must be entered into based on the outcome of assessment under clause S4.4.
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 1
OPDATE 27:02:2006 on and from
SCHEDULE 5 - CHARACTERISTICSCLAUSE S5.1 CHARACTERISTICS OF THE DISABILITY CAREER STRUCTURE
| LEVEL 1 | LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
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| Personal Care and Practical Support Stream | Personal Care and Practical Support Stream | Supervisory Stream | Professional Support Stream | Senior Professional Support Stream | Management Stream |
| Organisational relationship | work under general supervision using established practices, procedures and instructions no supervisory responsibilities | employees at this level have had sufficient experience and/or training to enable them to carry out their assigned duties under routine supervision provide limited guidance to lower classified staff | work under general direction of manager supervise a small work group or team providing direct client services | work under general direction provide skilled specialist advice, guidance and direction to the organisation and other staff working with individual clients | work under general direction of manager manage and supervise the work of other specialists providing client assessment, planning and management | work under broad direction of manager or Board of Management set outcomes for staff and monitor results |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 2
| LEVEL 1 | LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| Personal Care and Practical Support Stream | Personal Care and Practical Support Stream | Supervisory Stream | Professional Support Stream | Senior Professional Support Stream | Management Stream |
| Extent of Authority and Direction | work outcomes are closely monitored work within established guidelines minimal discretion: solutions to problems are found within established procedures | work outcomes are monitored freedom to act within established guidelines employee s at this level have achieved a standard to be able to perform routine tasks or features of the work which require only general guidance or direction and there is scope for the exercise of limited initiative and judgement in carrying out their assigned duties | exercise a degree of autonomy Delegated responsibility for the work under their control or supervision in terms of scheduling workloads, resolving operational problems and monitoring the quality of the work produced | responsib le and accountable for own work within the relevant field of expertise develop, implement and provide professional services to clients and staff in | responsib le and accountable for own work within the relevant field of expertise | significan t delegated authority with extensive autonomy responsib le for the management of an organisation |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 3
| LEVEL 1 | LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| Personal Care and Practical Support Stream | Personal Care and Practical Support Stream | Supervisory Stream | Professional Support Stream | Senior Professional Support Stream | Management Stream |
| Scope and complexity of task | routine task of personal care and practical support assistanc e readily available | routine tasks of personal care and practical support requiring some problem solving assistanc e available when problems occur | diverse range of tasks requiring professional, practical and supervisory skills assistanc e available | program design and co- ordination developm ental planning staff development health audits and monitoring of standards formal assessment of clients | co- ordinate the provision of specialist knowledge and expertise relating to the provision of professional advice concerning the management of individual client professio nal supervision | responsib le for the effective management of a service with a high level of complexity involving policy, planning, budgeting, management and leadership the employee is expected to contribute to the development of methods and procedures |
| Qualifications | Preferably, staff have undertaken pre vocational training. On the job or external training is generally a feature of this level | Community care certificate or equivalent, or trade qualifications | Community care certificate or equivalent is essential and additional supervisory qualifications are desirable< | B App Science (DD) or equivalent | B App Science (DD) or equivalent | Tertiary qualifications in appropriate human services or management |
| Barriers |
| Qualification barrier Promotional position | Qualification barrier Promotional position | Qualification barrier | Promotional position | Promotional position |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 4
CLAUSE S5.2 CHARACTERISTICS OF THE SIX LEVELS OF THE CAREER STRUCTURE S5.2.1 Empower in people with disabilities
In order to achieve the goals outlined in the standards, employees of agencies providing services or supports are required to contribute to creating and maintaining an environment designed to empower people with a disability through:
LEVEL 5
monitor outcomes; coordinate the implementation of polices and procedures
ensure clients are
involved in planning
co-ordinate and
monitor development of plans and
outcomes<
coordinate review
process; monitor and review outcomes<
monitor application of
policies; review outcomes
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 5
| LEVEL 1 LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
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| 1.6 Assisting in meeting people’s rights | promote the ability, contribution and competency of people with disability; identify individual advocacy needs, provide information and promote and encourage the use of advocates | promote the ability, contribution and competency of people with disability; ensure information is provided on available advocacy support and facilitate the use of advocates | promote the ability, contribution and competency of people with disability; arrange for the participation of advocates | promote the ability, contribution and competency of people with disability; ensure access to advocates is provided as required | promote the ability, contribution and competency of people with disability; develop and review policies providing for the participation of advocate |
| 1.7 Developing and fostering the continual involvement of families and personal networks in support of a person with a disability | ensure access to family and personal networks | plan involvement and work with families and networks | identify opportunities for involvement of families and personal networks and develop links as appropriate; provide staff training | ensure involvement is maximised and monitor outcomes | develop and review policies on involvement |
| 1.8 Creating, providing and maintaining a safe, secure minimally restrictive environment | implement work practices to appropriate standards | supervise and train staff and monitor effective work practices | plan and monitor work practices; design and provide staff training | ensure work practices are in place in line with policies | develop and review policies |
| 1.9 Facilitating access to community services and resources | implement plans | identify and plan access | assess individual opportunities, plan access, identify resources, liaise with potential networks | ensure plans provide access to community | develop policy directions; develop appropriate networks; monitor and review practice |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 6
S5.2.2 Communication and Relationships
Employees of agencies assisting people with disabilities will contribute to the goal of ensuring that there are effective communications and productive relationships with people with a disability through:
| LEVEL 1 LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| 2.1 Communicating effectively | build and maintain effective relationships and communications with clients and colleagues |
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| develop and apply communications skills | assist in identifying communication skills and provide staff training | co-ordinate and provide communication skill training | ensure appropriate skill levels and training are in place | develop and implement appropriate standards |
| 2.2 Communicating with people having special communication requirements | develop and practice skills | identify staff training needs, provide training and/or provision of assistive devices in response to assessed needs< | identify individual needs, apply specialized knowledge to ensure communication | ensure appropriate communication options are available | ensure appropriate resourcing and plans to meet communication needs are in place |
| 2.3 Ensuring that special cultural needs are considered and services provided in a sensitive manner | develop and practice skills | ensure plans identify and incorporate special needs and monitor outcomes identify staff training needs, provide training | develop plans to take account of special cultural needs; ensure appropriate plans are in place | monitor outcomes | ensure equal opportunity policies are in place and provide appropriate resourcing |
| 2.4 Working with other staff as part of a professional team | participate in team activities and work as part of a team | provide appropriate training and development | work as part of a team; provide specialist information | ensure team work | set appropriate standards of performance |
| 2.5 Creating, maintaining and enhancing productive working relationships with people with disabilities and fellow staff | relate effectively to clients and staff | ensure relationships are functional and effective and provide counselling and staff training as required | ensure other staff are adequately supported and provide training | ensure staff training approaches are in place | plan and review staff training and development programs |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 7
LEVEL 5
ensure staff training is undertaken systematically
ensure that relevant,
contemporary information is available
ensure that individual
outcomes maximize the role of mainstream agencies
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 8
S5.2.3 Providing services
The task of employees in agencies assisting people with disabilities is to enhance their ability to look after themselves and to provide appropriate physical, emotional, recreational and social care, support and development through:
| LEVEL 1 LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| 3.1 Daily living support to people with a disability including personal care and housekeeping | provide appropriate physical, emotional and social care and lifestyle support to the client | identify needs and design services, monitor implementation manage health maintenance and medical needs, respond to emergencies | assess individual needs and ensure that an appropriate range of services are provided; provide staff training based on specialist knowledge | co-ordinate programs and ensure appropriate range of services are provided | design and review service delivery policies and procedures |
| 3.2 Developmental and functional assessment of people with a disability | assist in assess- ment | assist in assess- ment | undertake assessment of individuals | monitor assessment process and arrange specialized assessment as required | ensure sound assessment processes are in place and outcomes are appropriate | develop and review assessment policies |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 9
| LEVEL 1 LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| 3.3 Providing program and client service management plans | implement plans | implement plans | develop and implement and review appropriate management plans | develop plans; train staff; monitor and review planning process | co-ordinate planning process; ensure that appropriate plans are in place | develop and review policy for management plans |
| 3.4 Planning, developing and providing appropriate developmental programs | assist in providing programs | provide programs | identify developmental needs and design programs liaise with other services train staff evaluate programs | assist in the development and review of policy | ensure that appropriate programs are in place | develop and review policy for provision of programs |
| 3.5 Ensuring that acceptable standards are maintained | work within guidelines to ensure quality assurance standards are achieved | supervise staff performance co- ordinate staff training | assist in the development and review of policies on work practice standards and ensure standards are in place; provide staff training | develop and review policies on work practice standards and ensure standards are in place | develop and review policies on work practice standards |
| 3.6 Ensuring that services conform to legal and social expectations to ensure a safe environment for staff and clients | be aware of legal requirements and adhere to organization’s policies and procedures | supervise performance co- ordinate staff training | ensure adherence to relevant legislation; provide staff training | ensure adherence to relevant legislation | develop and review policies based on social and legal expectations (ie OHS&W; EEO) |
| 3.7 Participating in recreational and social activities for people with disabilities | assist in providing activities | provide activities | identify client needs, develop plans, supervise performance provide staff training | assist in the development and review of policies to ensure participation is included in plans | ensure outcomes are achieved | develop and review policies |
| 3.8 Provide vocational support for people with disabilities | assist in providing support | provide support | identify client needs, develop plans, supervise performance provide staff training | develop and review policies to ensure participation is included in plans | ensure outcomes are achieved | develop and review policies |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 10
S5.2.4 Manage in the workplace
The Disability Standards require the development and implementation of sound management practices which maximize outcomes for consumers. These can be achieved through:
adherence to a professional code of practice and ethics;
development and distribution of code practice and conduct
develop and review staff appraisal, training and development programs
identify specific information systems, develop and review policies for information systems and ensure information systems are in place
adherence to a professional
code of practice and ethics;
development and distribution of code of practice and conduct
develop and review policies for information systems and
establish systems
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 11
| LEVEL 1 LEVEL 2 | LEVEL 3 | LEVEL 4 | LEVEL 5 | LEVEL 6 |
| 4.3 Human resource management | N/A | support or new staff and volunteers | assist in the recruitment, orientation and training of new and existing staff, supervision, rostering, staff appraisal, facilitate the supervision and training of students field placements, assist in maintaining acceptable standards of performance, ensuring accountability for work relationed activities |
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| develop and implement sound comprehensive procedures for HR practice consistent with legislation and good practice; coordinating a range of services by maintaining a sense of common purpose, researching needs and service provision and planning services: |
| 4.4 Managing finances | assist in the management of clients’ personal finances; assist and train clients | monitoring and controlling expenditure and resource usage within delegated authority and policy | ensure client personal finances are properly administered | ensure client personal finances are properly administered | budget development; managing the organization’s finances and ensuring that sound accounting practices and information systems are in place and monitored |
D ISABILITIES S ERVICES A WARD S CHEDULE 5 P AGE 12
LEVEL 5
assist in strategic planning, developing and evaluating policies and procedures
assist in identifying needs, preparing plans and strategies to address needs and establishing new facilities or services
developing strategies and plans for promoting the organization and monitor implementation
D ISABILITIES S ERVICES A WARD S CHEDULE 6 P AGE 1
SCHEDULE 6 - CLASSIFICATION USER GUIDE AND GLOSSARY OFTERMSOPDATE 27:02:2006 on and from S6.1 Introduction - User guide
The aim of this new classification process is to ensure that, as far as practicable, work features, responsibilities, qualifications and any other aspect of work value are evaluated in comparable terms irrespective of the discipline or field of work.
A single salary structure for classified employees comprising six distinctive levels is incorporated. To facilitate the ready and precise classification of all occupations, criteria have been developed covering each level within the disability services area.
To enable positions to be correctly classified, two separate and sequential processes need to occur.
S6.2 Position analysis
This involves the gathering and documenting of information about the position and describing it in a form which can be used to compare the work features, responsibilities, qualifications and any other aspect of the job with the classification criteria.
The information recorded must be a true and accurate record of the current duties and responsibilities.
The standard job description format is the most appropriate method to be used. The quality and extent of the information gathered is very important in this process.
S6.3 Position evaluation
After the job description is complete, a systematic comparison with the classification criteria needs to be undertaken. This assessment is used to determine the appropriate classification of the position.
S6.4 Steps in classifying a position
The steps in classifying a position using the classification criteria are:
S6.4.1 Analyse and compare the work levels described with the job description to ascertain the most likely classification level for the position.
S6.4.2 All aspects of the job description, ie. requirements of the job, responsibilities, organisational relationships, extent of authority, etc, must be considered against the total criteria for the level. (The total responsibilities of the position must be compared with the total responsibilities of the level rather than comparison with selected Parts.)
The job description should be tested against more than one level for appropriateness. S6.5 Glossary
DESCRIPTION OF WORK
Action means the smallest component of work.
Task means a unit of work (group of actions) forming a consistent or significant part
of an activity.
Activity means a group of related tasks which may well constitute a significant part of
a function.
D ISABILITIES S ERVICES A WARD S CHEDULE 6 P AGE 2
Function means a collection of activities which may constitute the whole or part of a
work area.
Work area means the area in which the employee works, be it a function, section, department or whole organisation.
DEFINITIONS
Assess means to measure or evaluate.
Assist means to help, to give support to, to lend aid.
Co-ordinate means to combine in a harmonious relation or common action.
Complex means work wherein the predominant feature is the consideration of the impact of the interactive elements as they relate to the total job rather than focusing on any segment in isolation.
Moderate or limited complexity means work which is less complicated and which involves the application of established principles, practices and procedures. Generally, actions and responses can be readily identified and repeated from previous experience.
Highly complex means requiring the application of knowledge, policy and problem solving techniques to create solutions and alternatives to specific requirements of the job.
Very complex means the application of a comprehensive knowledge of established practices and procedures as they affect all aspects of the range of operations, or an in depth knowledge of the operation. Generally responses require a high level of analytical skills with the work drawing together a range of aspects and the method selected from a range of genuine alternatives.
Contribute means to help bring about or supply.
Control means to exercise directing, guiding or restraining power over; to keep within limits.
Detailed/thorough knowledge means to all intents a complete understanding.
Develop means to bring out the capabilities or possibilities.
Developing knowledge means involvement in a learning process which will lead to knowledge.
Direction is the process of exercising management or control over a function.
General direction means employees receive general instructions usually covering only the broader aspects of the work. In some situations, detailed instruction may be necessary. The work of experienced and competent employees is subject to final checking and, only as required, progress checking.
Broad direction means employees normally receive instructions in the form of broadly stated objectives. Extensive knowledge and experience enables employees to contribute to the determination of goals and objectives.
Discipline means a particular branch of learning, identified occupation or field of specialisation based on a defined body of professional knowledge, skills and expertise.
Element means a component or part of a whole.
D ISABILITIES S ERVICES A WARD S CHEDULE 6 P AGE 3
Ensure means to make sure or certain.
Establish means to set up, to institute, to place on a firm basis.
Implement to carry out, to perform acts essential to the execution of a plan or program, to give effect to something.
Judgement means an application of an amalgam of knowledge and experience to derive appropriate opinions or decisions.
Knowledge means an understanding of techniques, principles, procedures and practices gained through either study of the relevant theory or discipline or through experience gained over time.
Maintain means to keep possession of, to hold or keep in any condition, to keep up to date or current, as to maintain records.
Manager means an employee who is required to have sound knowledge of the relevant principles, practices and procedures applicable to a specialised field of work
or discipline. Managers are responsible for the direction or control and the achievement of particular outcomes in the completion of a project. This responsibility includes accountability for material, human and financial resources allocated to that objective or project.
Monitor means to check or supervise on a regular basis, to observe or record the operation without interfering with the operation.
Policies/procedures/practices/instructions means the provision of authoritative directions for a particular course of action.
Professional judgement means the application of specialised/professional knowledge and experience in defining objectives, solving problems, establishing guidelines, reviewing the work of others, interpreting results and providing and assessing advice or recommendations and other matters which have an element of latitude or decision making.
Professional or specialised advice means the application of knowledge of practices, principles and techniques applicable to a particular discipline. It is based on the acquisition of professional/specialised qualifications and relevant experience.
Promote means to encourage or to further the development.
Review means to examine, to rework in order to correct or improve, to make an up
to date version.
Routine tasks means a regular course of procedure, unvarying performance or mechanical performance of certain acts, performed by rule.
Sound knowledge means well founded, reliable.
Supervision means the allocation, direction, oversight and coordination of the work
of subordinate staff.
General supervision means that both the work to be performed and the process to be undertaken are monitored.
Routine supervision means work outcomes are normally monitored and checked against given standards.
D ISABILITIES S ERVICES A WARD S CHEDULE 6 P AGE 4
Support means to maintain, uphold or advocate.
Working knowledge means a level of knowledge sufficient to perform function.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 1
SCHEDULE 7 - TRAINING WAGE ARRANGEMENTS SCHEDULEOPDATE 27:02:2006 on and from This Schedule shall be known as the Disabilities Services Award Training Wage Arrangements
Schedule.Clause No. TitleS7.1 TitleS7.2 Arrangement
S7.3 ApplicationS7.4 Period of operation
S7.5 DefinitionsS7.6 Training conditions
CLAUSE S7.2 ARRANGEMENTS7.7 Employment conditions
S7.8 WagesS7.9 Disputes settling procedures
S7.10 Dispute settlement over traineeship schemesS7.11 Part-time traineeships
Section A Allocation of traineeships to wage levels
Section B Traineeship schemes excluded from this Award
S7.3.1 This Schedule shall apply to persons:
(a) who are undertaking a traineeship (as defined); and
(b) whose employment is, or otherwise would be, covered by the Award.
S7.3.2 This Schedule does not apply to the apprenticeship system or any training programme, which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
This Schedule only applies to AQF IV Traineeships when the AQF III Traineeship in the training package is listed in Section A. Further, this Schedule also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification, which is excluded from this Schedule due to the operation of this clause S7.3.2.
S7.3.3 At the conclusion of the traineeship, this Schedule ceases to apply to the employment of the trainee and the Award shall apply to the former trainee.
S7.3.4 Nothing in this Schedule shall be taken to replace the prescription of training requirements in the Award.
CLAUSE S7.4 PERIOD OF OPERATION This Schedule shall operate on and from 27 February 2006.
S7.5.1 Act means the Training and Skills Development Act 2003 or any successor legislation.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 2
S7.5.2 Adult trainee means for the purpose of this Schedule a trainee who would qualify
for the highest wage rate in Wage Level A, B or C if covered by that wage level.
S7.5.3 Approved training means that training which is specified in the training plan, which
is part of the training agreement, which is registered with the T&SC. It includes training undertaken both on and off-the-job in a traineeship and involves formal
instruction, both theoretical and practical, and supervised practice. The training
reflects the requirements of a national training package or a traineeship scheme
and leads to a qualification under the Australian Qualification Framework.
S7.5.4 T&SC means the Training and Skills Commission under the Act. S7.5.5 Award means the Disabilities Services Award.
S7.5.6 Commission means the Industrial Relations Commission of South Australia.
S7.5.7 Trainee is an individual who is a signatory to a training agreement registered with the T&SC and is involved in paid work and structured training, which may be on or off the job. Trainee does not include an individual who already has the competencies to which the traineeship is directed.
S7.5.8 Traineeship means a system of training which has been approved by the T&SC, which meets the requirements of a National training package developed by a National Industry Training Advisory Board and endorsed by the National Training Quality Council, which leads to an Australian Qualifications Framework qualification specified by that National training package, and includes full time traineeships and part time traineeships including school-based traineeships.
S7.5.9 Training agreement means a Contract of Training for a traineeship made between the employer and a trainee, which is registered with the T&SC.
S7.5.10 Training package means the competency standards, assessment guidelines and Australian Qualifications Framework qualification endorsed for an industry or enterprise by the National Training Quality Council and placed on the National Training Information Service with the approval of Commonwealth and State Ministers responsible for vocational education and training.
S7.5.11 Training plan means a programme of training which forms part of a training agreement registered with the T&SC.
S7.5.12 Traineeship scheme means an approved traineeship applicable to a group or class
of employees or to an industry or sector of an industry or an enterprise, which has been approved by the T&SC.
S7.5.13 Year 10 - for the purposes of this Schedule, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
CLAUSE S7.6 TRAINING CONDITIONS S7.6.1 The trainee shall attend an approved training course or training program prescribed
in the training agreement or as notified to the trainee by the T&SC in accredited and relevant training schemes.
S7.6.2 Employment as a trainee under this Schedule shall not commence until the relevant
training agreement, made in accordance with a training scheme, has been signed
by the employer and the trainee and lodged for registration with the T&SC, provided that if the training agreement is not in a standard format, employment as a trainee
shall not commence until the training agreement has been registered with the
T&SC. The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the training agreement and shall ensure that the trainee receives the appropriate on-the-job training.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 3
S7.6.3 The employer shall provide a level of supervision in accordance with the traineeship
Agreement during the traineeship period.
S7.6.4 The provisions of the Act dealing with the monitoring by officers of the T&SC and the use of training records or work books as part of this monitoring process shall apply to traineeships under this Schedule.
CLAUSE S7.7 EMPLOYMENT CONDITIONS S7.7.1 A full-time
trainee shall be engaged for a maximum of one year's duration, except in respect of AQF III and AQF IV
Traineeships which may extend up to two years full- time, provided that a
trainee shall be subject to a satisfactory probation period of up
to one month which may be reduced at the discretion of the employer. By agreement
in writing, and with the consent of the
T&SC, the Employer and the
trainee may vary the duration of the
traineeship and the extent of
approved training provided that
any agreement to vary is in accordance with the relevant
traineeship scheme. A
part-time
trainee shall be engaged in accordance with the provisions of Clause S7.11
Part-Time Traineeships, of this Schedule.
S7.7.2 Where the trainee completes the qualification in the training agreement earlier than the time specified in the training agreement, then the traineeship may be concluded by mutual agreement.
S7.7.3 Termination of employment of trainees is dealt with in the training agreement, or the Act. An employer initiating such action shall give written notice to the trainee at the time the action is commenced and to the T&SC in accordance with the Act.
S7.7.4 The trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training.
S7.7.5 Where the employment of a trainee by the employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the Award or any other legislative entitlements.
S7.7.6 Trainees working overtime
S7.7.6.1 Reasonable overtime may be worked by the trainee provided that it does not affect the successful completion of the approved training.
S7.7.6.2 No trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Award.
S7.7.6.3 No trainee shall work shiftwork unless the shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork trainees.
S7.7.6.4 The trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Award, unless the Award makes specific provision for a trainee to be paid at a higher rate, or the employer and trainee agree in writing that a trainee will be paid at a higher rate, in which case the higher rate shall apply.
S7.7.7 All other terms and conditions of the Award that are applicable to the trainee or would be applicable to the trainee but for this Schedule shall apply unless specifically varied by this Schedule.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 4
S7.7.8 A trainee who fails to either complete the traineeship, or who cannot for any reason
be placed in full-time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions of the Award.
Note:It is not intended that existing employees shall be displaced from employment by trainees.
S7.8.1 The weekly wage payable to full-time trainees shall be provided in S7.8.4, S7.8.5 and
S7.8.6 of this Schedule and in accordance with Clause S7.7 Employment Conditions.
S7.8.2 These wage rates will only apply to trainees while they are undertaking an approved traineeship, which includes approved training as defined in this Schedule.
S7.8.3 The wage rates prescribed by this clause do not apply to complete trade level training, which is covered by the Apprenticeship system.
S7.8.4 Wage Level A
Where the accredited training course and work performed are for the purpose of generating skills, which have been defined for work at Wage Level A.
Highest year of schooling completed
|
| Year 10 | Year 11 | Year 12 |
|
| $ | $ | $ |
| School Leaver | 173.00(50%)* | 216.00(33%) |
|
|
| 202.00(33%) | 243.00(25%) | 293.00 |
| Plus 1 year out of school | 243.00 | 293.00 | 340.00 |
| Plus 2 years out of school | 293.00 | 340.00 | 396.00 |
| Plus 3 years out of school | 340.00 | 396.00 | 453.00 |
| Plus 4 years out of school | 396.00 | 453.00 |
|
| Plus 5 or more years | 453.00 |
|
|
| S7.8.5 | Wage Level B |
|
|
|
Where the accredited training course and work performed are for the purpose of
generating skills, which have been defined for work at Wage Level B.
Highest year of schooling completed
|
| Year 10 | Year 11 | Year 12 |
|
| $ | $ | $ |
| School Leaver | 173.00(50%)* | 216.00(33%) |
|
|
| 202.00(33%) | 243.00(25%) | 283.00 |
| Plus 1 year out of school | 243.00 | 283.00 | 325.00 |
| Plus 2 years out of school | 283.00 | 325.00 | 382.00 |
| Plus 3 years out of school | 325.00 | 382.00 | 435.00 |
| Plus 4 years out of school | 382.00 | 435.00 |
|
| Plus 5 or more years | 435.00 |
|
|
| S7.8.6 | Wage Level C |
|
|
|
Where the accredited training course and work performed are for the purpose of
generating skills, which have been defined for work at Wage Level C.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 5
Highest year of schooling completed
|
| Year 10 | Year 11 | Year 12 |
|
| $ | $ | $ |
| School Leaver | 173.00(50%)* | 216.00(33%) |
|
|
| 202.00(33%) | 243.00(25%) | 278.00 |
| Plus 1 year out of school | 243.00 | 278.00 | 312.00 |
| Plus 2 years out of school | 278.00 | 312.00 | 349.00 |
| Plus 3 years out of school | 312.00 | 349.00 | 390.00 |
| Plus 4 years out of school | 349.00 | 390.00 |
|
| Plus 5 or more years | 390.00 |
|
|
| S7.8.7 | School Based Traineeships |
|
|
|
Year of Schooling
| Year 11 | Year 12 |
| $ | $ |
| School based traineeships in Wage Levels A, B and C | 221.00 | 243.00 |
*Figures in brackets indicate the average proportion of time spent in approved
training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training, which has been taken into account in setting the rate, is 20 per cent.
S7.8.8 Wage rates for Certificate IV Traineeships
S7.8.8.1 Trainees undertaking an AQF IV Traineeship shall receive the relevant weekly wage rate for AQF III Trainees at Wage Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.
S7.8.8.2 An adult trainee who is undertaking a traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications:
Wage Level First year of Traineeship Second Year of Traineeship
| Wage Level A | $470 | $488 |
| Wage Level B | $452 | $469 |
| Wage Level C | $405 | $420 |
S7.8.9 Where a person was employed by the employer under the Award immediately prior to
becoming an adult trainee with the employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming a trainee.
S7.8.10 Where a traineeship is converted from an AQF II to an AQF III Traineeship, or from an AQF III to an AQF IV Traineeship, the trainee shall move to the next higher rate provided in this Schedule, if a higher rate is provided for that new AQF level.
S7.8.11 Section A sets out the Wage Level of a traineeship.
S7.8.12 For the purposes of this provision, out of school shall refer only to periods out of school beyond Year 10, and shall be deemed to:
S7.8.12.1 Include any period of schooling beyond Year 10, which was not part of nor contributed to a completed year of schooling;
S7.8.12.2 Include any period during which a trainee repeats in whole or part of a year of schooling beyond Year 10;
S7.8.12.3 Not include any period during a calendar year in which a year of schooling is completed; and
S7.8.12.4 Have effect on an anniversary date being January 1 in each year.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 6
S7.8.13 Despite any other clause in this Schedule,
trainees may not be employed under this
Schedule under the traineeship schemes and in the areas of employment listed inSection B.
S7.8.14 Arbitrated safety net adjustment
S7.8.14.1 The rates of pay in this Schedule include the arbitrated safety net adjustment payable under the State Wage Case decision July 2005. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Schedule which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous State Wage Case principles or under the current Declaration, excepting those resulting from enterprise agreements, or award variations to give effect to enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
S7.8.14.2 The rates of pay in this award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply.
CLAUSE S7.9 DISPUTE SETTLING PROCEDURES For matters not dealt with in accordance with the Act, the procedures to avoid industrial disputation contained in the Award will apply to trainees.
CLAUSE S7.10 DISPUTE SETTLEMENT OVER TRAINEESHIP SCHEMES S7.10.1 A party may initiate this procedure when that party wishes to argue that this Schedule should not provide for employment under a particular traineeship scheme despite the allocation of the scheme to a Wage Level by Section A.
S7.10.2 The party shall:
S7.10.2.1 Notify the relevant parties of an intention to dispute the particular traineeship scheme, identifying the scheme.
S7.10.2.2 Request the parties with an interest in the scheme to meet with them at a mutually agreed location.
S7.10.2.3 If agreement cannot be reached the matter may be referred to the Commission
for conciliation.
S7.10.2.4 If agreement is not reached during conciliation then an application may be made
to include the traineeship scheme in Section B.
CLAUSE S7.11 PART-TIME TRAINEESHIPS S7.11.1 This clause shall apply to trainees who undertake a traineeship on a part-time basis
by working less than full-time hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 7
11.1.1 A part-time Trainee (other than a school-based Trainee) will be engaged to
work for no less than a minimum average of 20 hours per week.
S7.11.1.2 A part-time school-based trainee may be engaged to work less hours than the minimum hours prescribed by this Schedule and the Award provided that the trainee remains enrolled in compulsory education.
S7.11.2 Wages
S7.11.2.1 The tables set out below are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.
Table 1: Trainees who have left school ($ per hour) Wage Level A
Highest year of schooling completed
Year 10 Year 11 Year 12
School Leaver 7.27 7.99 9.64
Plus 1 year out of school 7.99 9.64 11.18
Plus 2 years out of school 9.64 11.18 13.03
Plus 3 years out of school 11.18 13.03 14.90
Plus 4 years out of school 13.03 14.90
Plus 5 or more years 14.90
Wage Level B
Year 10 Year 11 Year 12
School Leaver 7.27 7.99 9.31
Plus 1 year out of school 7.99 9.31 10.69
Plus 2 years out of school 9.31 10.69 12.57
Plus 3 years out of school 10.69 12.57 14.31
Plus 4 years out of school 12.57 14.31
Plus 5 or more years 14.31
Wage Level C
Year 10 Year 11 Year 12
School Leaver 7.27 7.99 9.14
Plus 1 year out of school 7.99 9.14 10.26
Plus 2 years out of school 9.14 10.26 11.48
Plus 3 years out of school 10.26 11.48 12.83
Plus 4 years out of school 11.48 12.83
Plus 5 or more years 12.83
Table 2: School based Traineeships ($ per hour) Year of schooling
| Year 11 | Year 12 |
| Wage Levels A, B and C | 7.27 | 7.99 |
| 20% loading [S7.11.6.2] | 8.72 | 9.59 |
Table 3: Wage rates for part-time Certificate IV Traineeships ($ per hour): Trainees undertaking a part-time AQF IV
Traineeship shall receive the relevant
hourly rate for AQF III Trainees at Wage Levels A, B or C as applicable underTable 1 or 2 with the addition of 3.8 per cent of that wage rate.
An adult trainee (as defined) who is undertaking a part-time traineeship for an AQF IV qualification shall receive the following hourly rate as applicable based on the allocation of AQF III qualifications:
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 8
| Wage Level | First year of traineeship | Second year of traineeship |
| Wage level A | $15.46 | $16.05 |
| Wage level B | $14.87 | $15.43 |
| Wage level C | $13.32 | $13.82 |
S7.11.3 The hours for which payment shall be made are determined as follows:
S7.11.3.1 Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part-time trainee on-the-job.
S7.11.3.2 Where the approved training is undertaken solely on-the-job and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full-time traineeship), then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
S7.11.3.3 Where the approved training is partly on-the-job and partly off-the-job and the average proportion of time to be spent in approved training is 20% (ie the same
as for the equivalent full-time traineeship), then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20
per cent shall be deducted.
Note: As noted in clause S7.8, 20 per cent is the average proportion of time spent in approved training, which has been taken into account in setting the wage rates for most full-time traineeships.
S7.11.3.4 Where a person was employed part-time by an employer under this Award immediately prior to becoming a part-time adult trainee with that employer, such person shall not suffer a reduction in the hourly rate of pay by virtue of becoming a trainee.
S7.11.3.5 Where the normal full-time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.
S7.11.4 General Formula
S7.11.4.1 For traineeships not covered by S7.11.2.1, the following formula for calculation
of wage rates shall apply:
The wage rate shall be pro-rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship, which may also be varied on the basis of the following formula:
Full-time wage rate x Trainee hours - average weekly training time
30.4*
* Note: 30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full-time trainees (ie 20%). A pro-rata adjustment will need to be made in the case where the Award specifies different ordinary full- time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(a) Full-time wage rate means the appropriate rate as set out in S7.8.4, S7.8.5, S7.8.6 and S7.8.7 of this Schedule.
(b) Trainee hours shall be the hours worked per week including the time spent
in approved training.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 9
(c) Average weekly training time is based upon the length of the
traineeship specified in the traineeship agreement or training agreement as follows:
7.6 X 12
Length of the traineeship in months
Note 1: 7.6 in the above formula represents the average weekly training time for a full-time trainee whose ordinary hours are 38 per week. A pro-rata adjustment will need to be made in the case where the Award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
Note 2: The parties note that the training agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would result in the equivalent of a full day's on the job work per week.
S7.11.5 Example of the calculation for the wage rate for a part-time traineeship
A school student commences a traineeship in year 11. The ordinary hours of work in the Award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.
Average weekly training time is therefore 7.6 x 12/24 = 3.8 hours.
Trainee hours totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job approved training at school and at TAFE.
So the wage rate in year 11 is:
$221 x 15 - 3.8 = $81.42 (plus any applicable penalty rates under the Award)
30.4
The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin year 12 and/or if trainee hours changes.
S7.11.6 Employment conditions for all part-time trainees
S7.11.6.1 A part-time trainee shall receive, on a pro-rata basis, all employment conditions applicable to a full-time trainee. All the provisions of the Award shall apply to part-time trainees except as specified in this Schedule.
S7.11.6.2 However, a trainee undertaking a school based traineeship may, with the agreement of the trainee, be paid an additional loading 20 per cent on all ordinary hours in lieu of annual leave, sick leave, personal leave and public holidays. Notwithstanding this, where a trainee is called upon to work on a public holiday the provisions of the Award shall apply.
S7.11.6.3 A part-time trainee may, by agreement, transfer from a part-time to a full-time
traineeship position should one become available.
S7.11.6.4 The minimum engagement periods specified in the Award shall also be applicable
to part-time trainees.
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 10
SECTION A
Allocation of Traineeships to Wage Levels
Part A, New Training Package Titles Wage Levels that apply to Certificates under Training Packages
Wage Level A
This Award does not apply to these traineeships where another Award already provides for the traineeship
| Training package | Certificate level |
| Administration | I |
| II |
| III |
| Assessment and Workplace Training | III |
| Business Services | I |
| II |
| III |
| Community Services | II |
| III |
| Correctional Services | III |
| Financial Services | III |
| Food Processing Industry | III |
| Hospitality Industry | III |
| Information Technology | II |
| III |
| Local Government (Environmental Health & Regulation | II |
| III |
| Local Government (Governance & Administration) | I |
| II |
| III |
| Local Government (Government) | II |
| III |
| Museum and Library/Information Services | II |
| III |
| National Public Services | II |
| III |
| Public Services | II |
| III |
| Retail | III |
Wage Level B
This Award does not apply to these traineeships where another Award already provides for the traineeship.
| Training package | Certificate level |
| Asset Maintenance | II |
| III |
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 11
| Training package | Certificate level |
| Asset Security | I |
| II |
| III |
| II |
| Hospitality Industry | I |
| II |
| National Community Recreation Industry | II |
| III |
| National Fitness Industry | II |
| III |
| National Outdoor Recreation Industry | II |
| III |
| National Sport Industry | I |
| II |
| III |
| Public Safety | II |
| Printing and Graphic Arts | II |
| Retail | II |
Wage Level C
| Training package | Certificate level |
| Agriculture | I |
| II |
| III |
| Horticulture | I |
| II |
| III |
Part B, Old Traineeships Titles and Wage Levels Wage Level A
Arts Administration
AVTS AIEW, (ATSI Education Worker) Traineeship Pilot Project
Basic Horticulture
Basic Horticulture - Local Government (Tas)
Certificate III in Care Support Services (Personal Assistant) Certificate III in Care Support Services (Nursing Assistant)
Certificate III in Office Administration
Certificate III in Retail Operations
Child Care Worker
Child Care (NSW) Child Care (Qld) Child Care (Tas)
Child Care - Local Govt
Clerical Processing (Health Practice)
Communications - Customer Support Streams: Telemarketing; Communications Operator
Disability
Education Industry Traineeships - all streams
Health Ancillary Worker, Dental Assistant (Public Sector Only) Health Industry Office Skills
Health Office Skills
Home & Community Care
Integration Aide Stream
Language & Literacy Assistant Stream
Library Aide (Education)
D ISABILITIES S ERVICES A WARD S CHEDULE 7 P AGE 12
Library Assistant
Library Assistant Stream
Literacy Support (Education)
Marketing & Management (Cultural Industries) Media Journalism
Medical Office Skills
Medical Receptionist
Nursing - Division 2 (Enrolled Nurse) Office Support Stream
Patient Services Assistant (Public Sector Only) Personal Carer
Residential Aged Care
State Public Sector Clerical (All States) Youth Worker
Wage Level B
Community Pharmacy (Operations) - Cert I in Retail
Community Pharmacy (Operations) - Cert II in Retail
Community Pharmacy (Operations - Marketing) - Cert III in Retail Community Pharmacy (Operations - Supervision) - Cert III in Retail Essential Services Operator
Fitness Instruction
Live Theatre (Technical) (APACA) Local Government Child Care Retail Operations Certificate 2
Sales/Marketing
Support Worker
Wage Level C
Community Radio
Community Radio Broadcasting Certificate 2
Land Conservation & Restoration
Personal Carer - Assistant in Nursing/Personal Care worker
Wardsperson
SECTION B
Traineeship schemes excluded from this award
Nil
APPLICATIONS FILED
File No Description of Document Date Lodged
06451/2000 04/07/2000
AWARD VARIATION
Award NOT varied. (Reg No 37) re exemption from redundancy provisions. Appln withdrawn.
03998/2001 08/06/2001
AWARD VARIATION
Award varied. Cl. E1 - Shift Work, Cl. E2 - Overtime, Cl. E5 -
On-Call Allowance, Cl. E8 - Travelling and Motor Vehicle Allowance, Sch. 1 - Rates of Pay, Sch. 2 - Allowances re SWC 2001. Opdate ppc
14/07/2001.
04399/2002 27/06/2002
AWARD VARIATION
Award varied. Cl. F4 Parental Leave (re casuals), Cl. E1 Shift
Work, Cl. E2 Overtime, Cl. E5 On-Call Allowance, Sch. 1 Rates of
Pay, Sch. 2 Allowances (re SWC 2002) Opdate ppc 14/07/2002.
04152/2003 26/06/2003
AWARD VARIATION
Award varied. Cl. E1 Shift Work, Cl. E2 Overtime, Cl. E5 On-Call
Allowance, Cl. E8 Travelling & Motor Vehicle Allowance, Sch. 1
Rates of Pay, Sch. 2 Allowances, Sch. 3 Sleepover Arrangements re
SWC 2003. Opdate ppc 14/07/2003.
02113/2004 25/03/2004
AWARD VARIATION
Award varied. Sch. 4 - Supported Wage Provisions re minimum wage. Opdate 13/04/2004.
04173/2004 21/06/2004
AWARD VARIATION
Award varied. Cl. E1 Shift Work, Cl. E2 Overtime, Cl. E5 On-Call
Allowance, Sch. 1 Rates of Pay, Sch. 2 Allowances, Sch. 3
Sleepover Arrangements re SWC 2004. Opdate ppc 14/07/2004.
06737/2004 29/09/2004
AWARD REVIEW S99
New Award issued. Opdate 27/02/2006.
03559/2005 20/05/2005
AWARD VARIATION
Award NOT varied - appln withdrawn re severance pay.
03791/2005 07/06/2005
AWARD VARIATION
Award varied. Cl. G3 Redundancy. Opdate 01/07/2005.
04451/2005 29/06/2005
AWARD VARIATION
Award varied. Cl. E1 Shift Work, Cl. E5 On-Call Allowance, Sch. 1
Rates of Pay, Sch. 2 Allowances, Sch. 3 Sleepover Arrangements re SWC 2005. Opdate ppc 14/07/2005. Award varied - Cl. E1 Shift Work, Cl. E2 Overtime, Cl. E8 Travelling & Motor Vehicle Allowance re
expense related allowances, opdate ppc 17/08/2005.
00691/2006 03/02/2006
AWARD VARIATION
Award varied re work and family test case provisions as part of s.99
review - see file 6737/2004.
02975/2006 11/05/2006
AWARD VARIATION
Award varied. Sch.4 Supported Wage Provisions re Remuneration
Minimum Standard. Opdate ppc 17/04/2006.
