AW806214 PR902435
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00623 of 1999)
HOME AND COMMUNITY CARE AWARD 1995
(ODN C No. 33499 of 1995)
[Print P0401 [H0607]]
Various employees |
Public and private sector |
COMMISSIONER SIMMONDS |
MELBOURNE, 16 MARCH 2001 |
Award simplification.
ORDER
A. Further to the decision issued by the Commission in transcript at Melbourne on 8 February 2001 the above award is varied as follows:
By deleting all clauses, and the alphabetical index and inserting the following:
PART 1 - APPLICATION AND OPERATION OF AWARD
1. TITLE
This award is known as the Home and Community Care Award 2001.
2. ARRANGEMENT
This award is arranged as follows:
Part 1 - Application and Operation of Award
1. Title
2. Arrangement
3. Anti-discrimination
4. Previous award superseded
5. Definitions
6. Commencement date of award and period of operation
7. Coverage of award
8. Parties bound
Part 2 - Award Flexibility
9. Enterprise flexibility
Part 3 - Consultation and dispute resolution
10. Procedures for the avoidance of industrial disputes
Part 4 - Employer and employees' duties, employment relationship and related
arrangements
11. Employment relationship
12. Redundancy
13. Notice of termination
Part 5 - Wages and related matters
14. Classifications and wage rates
15. Supported wage system for employees with disabilities
16. Staff development
17. Allowances
18. Superannuation
Part 6 - Hours of Works, Breaks, Overtime, Shift Work, Weekend Work
19. Hours of work
20. Breaks
21. Overtime
Part 7 - Leave Entitlements
22. Annual leave
23. Jury service
24. Accident pay
25. Trade union training leave
26. Parental leave
27. Personal leave
28. Long service leave
29. Public holidays
Part 8 - Training and Related Matters
30. Training program
Part 9 - Award Compliance and Union Related Matters
31. Time and wages records
3.1 It is the intention of the parties to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the workforce 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.
3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
3.3 Nothing in this clause is to be taken to affect:
3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;
3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
3.3.4 the exemptions in ss.170CK(3) and (4) of the Act.
This award supersedes the requirements of the Home and Community Care Award 1995 [Print P0401 [H0607]].
5. DEFINITIONS
5.1 Act means the Workplace Relations Act 1996.
5.2 AIRC means the Australian Industrial Relations Commission.
5.3 Award means the Home and Community Care Award 2001.
5.4 Casual employee shall mean an employee who is engaged in relieving work or work of a casual nature and who is engaged and paid by the hour, but does not include an employee who could properly be classified as a full-time or part-time employee.
5.5 Company means Glad Pty. Ltd.
5.6 Employee means an employee of Glad Pty. Ltd.
5.7 Home care worker means a person employed to perform tasks involving the provision of domestic assistance. Work in this category would involve undertaking a range of domestic assistance and support functions including the following:
cleaning, vacuuming, dusting, washing and ironing, sweeping paths, minor maintenance jobs, preparation and cooking of meals, defrosting refrigerators, emptying and cleaning of commodes, banking and account paying (without client), shopping ( without client) organising appointments, assistance with care of pets and care of indoor and outdoor pot plants and other tasks of a domestic nature.
5.8 Personal care worker means a person employed to perform tasks involving the provision of personal care and personal support functions. Work in this category would involve undertaking a range of personal care and personal support functions including the following:
showering, bathing, lifting, exercise, dressing, grooming, toileting, transfers and mobilisation, eating and drinking, dressing and undressing, changing of clothing, cleaning of aids and appliances, fitting and removal of aids and appliances, preparation of special diets, monitoring of medications, accompanying clients to appointments or outings or shopping, fitting and changing of external catheters, assistance with communication and other personal care functions. Personal care includes the provision of an element of home care as defined in 5.7. Respite care will be defined as personal care.
5.9 Overnight care means a person employed to be available for duty in a client's home for an eight or ten hour period. During this period, the employee is required to provide a total of no more than three hours of care.
5.10 24 hour care means a person employed to be available for duty in a client's home for a 24 hour period. During this period the employee is required to provide the client with the care services specified in the care plan. During this period, the employee is required to provide a total of no more than ten hours of care.
5.11 Ordinary rate means the weekly rate of wage or salary an employee receives.
5.12 Permanent part-time employee means an employee who is employed on a permanent basis but owing to the requirements of the job on which such person is employed the hours of duty are less than 38 hours per week.
5.13 Union means The Australian Municipal, Administrative, Clerical and Services Union.
6. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION
This award shall come into operation from the first pay period to commence on or after 8 February 2001 and shall remain in force for a period of one month.
This award covers all employees of Glad Pty. Ltd. undertaking home care, personal care, overnight care and 24 hour care.
This award shall be binding on:
8.1 Glad Pty. Ltd. (the employer);
8.2 the Australian Municipal, Administrative, Clerical and Services Union, (the Union);
8.3 all Employees of Glad Pty. Ltd. who are eligible for membership of the Australian Services Union, (the employees).
(Refer ss 113A and 113B of the Workplace Relations Act 1996)
Where an employer or employee wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more effectively, according to its particular needs, the following process will apply:
9.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.
9.2 For the purpose of the consultative process the employees by a simple majority vote of the employees in the affected enterprise or workplace may nominate the Union or another party to represent them.
9.3 Where agreement is reached an application will be made to the Commission.
PART 3 - CONSULTATION AND DISPUTE RESOLUTION
10. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES
10.1 Subject to the provisions of the Workplace Relations Act 1996 (as varied from time to time) a grievance or issue arising between the Company and an employee or employees shall be dealt with within the following procedures:
10.1.1 If a matter arises which gives concern to an employee or employees such matter shall be discussed by him or her or them with the immediate supervisor.
10.1.2 If after such discussion the matter remains unresolved within two working days it shall be referred to the accredited representative of the Union or other nominated representative who shall discuss the matter with an appropriate representative of the Company's management.
10.1.3 Failure to resolve the matter within a further two working days shall result in the matter being referred to an officer of the Union or other nominated representative. Such officer shall discuss the issues with the appropriate management representative and both shall take all reasonable steps to settle the matter without delay.
10.1.4 If the matter remains unresolved within a reasonable time then the matter shall be discussed between the Branch Secretary or other appropriate official of the Union and a management representative.
10.1.5 If settlement of the matter(s) in dispute is not achieved within a reasonable time the matter shall be notified to the AIRC for conciliation. If such conciliation is unsuccessful, then if both parties consent, the matter can be referred to the AIRC for arbitration. When arbitration is agreed to by both parties, then the AIRC's decision will be accepted by all parties subject to legal rights of appeal.
10.2 Whilst the above procedures are being followed, work shall continue as it was prior to the dispute. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.
10.3 This clause shall not apply to any dispute that is a bona fide safety issue which shall be resolved in accordance with the procedures of the Occupational Health and Safety Act Victoria (1985).
PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
11.1.1 The Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, provided such duties do not promote a narrowing of the employee's skill base.
11.1.2 Provided that where an employee is directed to carry out any work within his/her classification band or work of a lower band, such work shall be performed without reduction in salary.
11.1.3 Provided further that where an employee is directed to carry out work of a higher band, the provisions of the higher duties clause of this award shall apply.
11.1.4 Any direction issued under this clause shall be consistent with an employer's obligation to provide a safe and healthy working environment.
The ordinary hours for the provision of home care and personal care shall be 38 per week or 76 hour per fortnight.
A permanent part-time employee shall be paid 1/38th of the ordinary rate per hour for the class of work performed and shall be entitled to sick pay, annual leave, long service leave and payment for public holidays on a pro-rata basis in accordance with the hours worked in the performance of such duties.
11.4 Permanent part-time employment with loading
The employer may choose to offer permanent part-time employment to the employee, who will have the choice to forego sick leave, annual leave and payment for public holidays in lieu of a 20% loading on the hourly or shift rate for hours worked.
11.5 Employment for a specific period of time or specific task or tasks
An employee who is engaged on either a full or permanent part-time basis may be employed for a specified period of time and/or a specific project, task or tasks.
11.6.1 A casual employee is one who is engaged and paid as such.
11.6.2 A casual employee shall be paid a 20% loading on all ordinary hours which is in lieu of annual leave, sick leave and public holidays.
11.6.3 All other award penalty loadings will be paid to casual employees but are to be based on the ordinary hourly rate.
11.7 Probationary employment
11.7.1 Employees may be employed on a probationary basis for their first three months of employment.
11.7.2 An employee who has been employed subject to a probationary period may be terminated at any time during that period without notice and without recourse to remedies for unfair dismissal, pursuant to the terms of the Workplace Relations Act 1996.
12.1 Severance pay
12.1.1 In addition to the period of notice prescribed for ordinary termination in clause 13 - Notice of termination, and subject to further order of the Commission, an employee whose employment is terminated shall be entitled to the following amount of severance pay in respect of a continuous period of service:
Period of continuous service |
Severance pay |
1 year or less |
Nil |
1 year and up to the completion of 2 years |
4 weeks' pay |
2 years and up to the completion of 3 years |
6 weeks' pay |
3 years and up to the completion of 4 years |
7 weeks' pay |
4 years and over |
8 weeks' pay |
12.1.2 Week's pay means the ordinary time rate of pay for the employee concerned.
12.1.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.
12.2 Employee leaving during notice
An employee whose employment is terminated may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
12.4 Time off during notice period
12.4.1 During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
12.4.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.
12.4.3 For this purpose a statutory declaration will be sufficient.
12.5 Employees with less than one year's service
This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant 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 the employees of suitable alternative employment.
This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.
Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than fifteen employees.
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.
13.1 Notice of termination by employer
13.1.1 In order to terminate the employment of an employee the employer shall give to the employee the following notice:
Period of continuous service |
Period of notice |
1 year or less |
1 week |
1 year and up to the completion of 3 years |
2 weeks |
3 years and up to the completion of 5 years |
3 weeks |
5 years and over |
4 weeks |
13.1.2 In addition to the notice in clause 13.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
13.1.3 Payment in lieu of the notice prescribed in clauses 13.1.1 and/or 13.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice had his or her employment not been terminated shall be used.
13.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.
13.1.6 For the purposes of this clause, continuity of service shall be calculated the manner prescribed by the calculation of continuous service provision of this award.
13.2 Notice of termination by employee
13.2.1 The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.
13.2.2 If an employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.
13.3 Time off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
PART 5 - WAGES AND RELATED MATTERS
14. CLASSIFICATIONS AND WAGE RATES
14.1 Wage rates
14.1.1 Wage rates - home and personal care workers
Band |
Level A |
Level B |
Level C |
Level D |
$ per week |
$ per week |
$ per week |
$ per week | |
1 |
416.30 |
425.60 |
434.80 |
444.00 |
2 |
457.30 |
468.60 |
480.90 |
485.40 |
3 |
492.20 |
512.70 |
533.20 |
545.50 |
4 |
552.70 |
567.10 |
584.50 |
594.80 |
5 |
613.20 |
644.00 |
675.80 |
705.50 |
14.1.2 Wages rates per shift 24 hour care
14.1.2(a) Employees employed to provide 24 hour care on a permanent part-time basis will be paid the following per 24 hour shift:
Level 1 |
$113.60 per shift |
Level 2 |
$115.80 per shift |
Level 3 |
$118.00 per shift |
Level 4 |
$120.50 per shift |
14.1.2(b) Employees engaged on a permanent part-time basis with loading or on a casual basis will be paid a 20% loading on these rates per shift.
14.1.3 Wages rates per shift - overnight care
14.1.3(a) Employees employed to provide overnight care on a permanent part-time basis will be paid the following per overnight care shift:
Level 1 |
$44.00 per shift |
Level 2 |
$45.00 per shift |
Level 3 |
$47.00 per shift |
Level 4 |
$48.60 per shift |
14.1.3(b) Employees engaged on a permanent part-time basis with loading or on a casual basis will be paid a 20% loading on these rates per shift.
14.1.4 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2000 decision [Print S5000]. 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
The following classifications will apply to staff involved in the provision of home and personal care.
14.2.1 Employee - band 1
A position in this band has the following job characteristics:
14.2.1(a) Accountability and extent of authority
14.2.1(a)(i) An employee in this band performs broad tasks involving the utilisation of a range of basic skills in the provision of domestic assistance and support.
14.2.1(a)(ii) Is responsible for the quality of their work.
14.2.1(b) Judgement and decision making
Work activities are routine and clearly defined. The tasks to be performed may involve the use of a limited range of techniques and methods within a specified range of work. An employee may resolve minor problems that relate to immediate work tasks.
14.2.1(c) Specialist knowledge and skills
Indicative but not exclusive of the skills required of an employee in this band are:
14.2.1(c)(i) The undertaking of semi-skilled work, including cleaning, vacuuming, dusting, washing and ironing, shopping, sweeping paths, minor maintenance jobs, preparation and cooking of meals, defrosting refrigerators, emptying and cleaning of commodes, banking and account payment, organising appointments, assistance with care of pets, and care of indoor and outdoor pot plants.
14.2.1(d) Inter-personal skills
Position in this band may require basic oral communication skills and where appropriate written skills, with clients, members of the public and other employees.
14.2.1(e) Qualifications and experience
An employee in this band will have commenced on-the-job training which may include an induction course.
14.2.2 Employee - band 2
A position in this band has the following job characteristics:
14.2.2(a) Accountability and extent of authority
14.2.2(a)(i) An employee in this band performs broad tasks involving the utilisation of a range of developed skills in the provision of domestic assistance and support.
14.2.2(a)(ii) Work performed falls within general guidelines but with scope to exercise discretion in the application of established practices and procedures.
14.2.2(a)(iii) May assist others in the supervision of work of the same or lower band.
14.2.2(a)(iv) Is responsible for assuring the quality of work performed.
14.2.2(b) Judgement and decision making
14.2.2(b)(i) In these positions, the nature of the work is clearly defined with established procedures well understood or clearly documented.
14.2.2(b)(ii) Employees in this band are called upon to use some originality in approach with solutions usually attributable to application of previously encountered procedures and practices.
14.2.2(c) Specialist knowledge and skills
Indicative but not exclusive of the skills required of an employee in this band are:
14.2.2(b)(i) The undertaking of skilled work, including showering and bathing, lifting, exercise, dressing, grooming, toileting, transfer mobilisation, eating and drinking, dressing and undressing, changing of clothing, cleaning of aids and appliances, fitting and removal of aids and appliances, preparation of special diets, monitoring of medications, fitting and changing of catheters, assistance with communication and other personal care functions.
14.2.2(b)(ii) Personal care workers may also be expected to undertake Home Care duties as defined in Band 1.
14.2.2(d) Inter-personal skills
Positions in this band require oral communication skills and where appropriate written skills, with clients, members of the public and other employees.
14.2.2(e) Qualifications and experience
As a minimum an employee in this band will have satisfactorily completed the requirements of band 1 or equivalent. Indicative but not exclusive of the qualifications required in this band is the following:
14.2.2(e)(i) Home Care Certificate or equivalent; or
14.2.2(e)(ii) or relevant experience/on-the-job training commensurate with the requirements of work in this band.
14.2.3 Employee - band 3
A position in this band has the following job characteristics:
14.2.3(a) Accountability and extent of authority
14.2.3(a)(i) Employees perform work under general supervision.
14.2.3(a)(ii) Employees in this band have contact with the public or other employees which involves explanations of specific procedures and practices.
14.2.3(a)(iii) Employees in this band are accountable for the quality, quantity and timeliness of their own work in so far as available resources permit, and for the care of assets entrusted to them.
14.2.3(b) Judgement and decision making
14.2.3(b)(i) These positions require personal judgement. The nature of work is usually specialised with procedures well understood and clearly documented.
14.2.3(b)(ii) The particular tasks to be performed will involve selection from a range of techniques, systems, equipment, methods or processes.
14.2.3(c) Specialised knowledge and skills
Indicative but not exclusive of the skills required of an employee in this band include:
14.2.3(c)(i) Operate adding machines, switchboard, paging system, telex machine, typewriter and calculator;
14.2.3(c)(ii) use of knowledge of keyboard and function keys to enter and retrieve data through computer terminal;
14.2.3(c)(iii) maintain mail register and records;
14.2.3(c)(iv) sort, process and record invoices and correspondence.
14.2.3(d) Inter-personal skills
Positions in this band require skills in oral and written communication with clients, other employees and members of the public.
14.2.3(e) Qualifications and experience
Indicative but not exclusive of the qualifications required in this Band are the following:
14.2.3(e)(i) completion of TAFE accredited/industry based training courses; and/or
14.2.3(e)(ii) knowledge and skills gained through on-the-job training commensurate with the requirements of the work in this band.
14.2.4 Employee - band 4
A position in this band has the following job characteristics:
14.2.4(a) Accountability and extent of authority
14.2.4(a)(i) They are expected to exercise discretion within standard practices and processes, undertaking and implementing quality control measures.
14.2.4(a)(ii) Positions in this band may provide direction, leadership, administration and rostering of direct care employees.
14.2.4(b) Judgement and decision making
14.2.4(b)(i) In positions in this band, the objectives of the work are well defined but the particular method, process of equipment to be used must be selected from a range of available alternatives.
14.2.4(b)(ii) For employees undertaking rostering duties, the process often requires the quantification of the amount of resources needed to meet those objectives.
14.2.4(c) Specialist knowledge and skills
14.2.4(c)(i) Employees in this band must have the ability and skills to provide training in formal training programs or on-the-job training.
14.2.4(c)(ii) Employees in this band also require a thorough understanding of the relevant technology, procedures and processes used within their operating unit.
14.2.4(c)(iii) Indicative but not exclusive of the skills required of an employee in this band include:
14.2.4(c)(iii)(1) apply knowledge of intermediate functions to manipulate data, i.e. modify fields of information, develop new basic data bases or spreadsheet models, spreadsheet, perform reconciliation;
14.2.4(c)(iii)(2) create new forms of files and records as required using computer based records systems, e.g. customer/client /supplier and subscription lists. Access, identify and extract information as required from external sources, e.g. data bases, libraries, local authorities.
14.2.4(d) Inter-personal skills
14.2.4(d)(i) Positions in this band require the ability to gain co-operation and assistance from members of the public and other employees in the performance of well defined activities.
14.2.4(d)(ii) Employees in this band may also be expected to write reports in their field of expertise.
14.2.4(e) Qualifications and experience
An employee in this band will have satisfactorily completed the requirements of band 3 or equivalent as well as a minimum, have relevant experience.
14.2.5 Employee - band 5
A position at this level has the following characteristics:
14.2.5(a) Accountability and extent of authority
14.2.5(a)(i) Positions in this band may co-ordinate resources and/or give support to more senior employees or be engaged in duties of a specialist nature.
14.2.5(a)(ii) In positions where the prime responsibility is for resource co-ordination, the freedom to act is governed by clear objectives and/or budgets with frequent prior consultation with more senior employees and a regular reporting mechanism to ensure adherence to plans.
14.2.5(a)(iii) Whatever the nature of the position, employees in this band are accountable for the quality, effectiveness, cost and timelines of the programs, projects or work plans under their control and for the safety and security of the assets being managed.
14.2.5(a)(iv) Employees with co-ordination responsibilities are also required to ensure that all employees under their direction are trained in safe working practices and in the safe operation of equipment and are made aware of all occupational health and safety policies and procedures.
14.2.5(b) Judgement and decision making
14.2.5(b)(i) In these positions, the objectives of the work are usually well defined but the particular method, technology, process or equipment to be used must be selected from a range of available alternatives.
14.2.5(b)(ii) However, problems in this band are often of a complex or technical nature with solutions not related to previously encountered situations and some creativity and originality is required.
14.2.5(b)(iii) Guidance and counsel may be available within the time available to make a choice.
14.2.5(c) Specialist knowledge and skills
14.2.5(c)(i) Co-ordinators in this band require a thorough understanding of the relevant technology, procedures and processes used within their operating unit.
14.2.5(c)(ii) Co-ordinators are required to have an understanding of the function of the position within its organisational context, including relevant policies, regulations and precedents.
14.2.5(c)(iii) Positions in this band may provide direction, leadership and structured training or on-the-job training to supervised employees or groups of employees.
14.2.5(d) Management skills
14.2.5(d)(i) These positions require skills in managing time, setting priorities and planning and organising one's own work and that of supervised employees so as to achieve specific and set objectives in the most efficient way possible within the resources available and within a set timetable.
14.2.5(d)(ii) The position requires an understanding of and ability to implement basic personnel policies and practices including those related to equal employment opportunity, occupational health and safety and employees' training and development.
14.2.5(e) Inter-personal skills
14.2.5(e)(i) Positions in this band require the ability to gain co-operation and assistance from clients, members of the public and other employees in the administration of defined activities and in the supervision of other employees or groups of employees.
14.2.5(e)(ii) Employees in this band are expected to write reports in their field of expertise and to prepare external correspondence of a routine nature.
14.2.5(f) Qualifications and experience
14.2.5(f)(i) The skills and knowledge needed for entry to this level are beyond those normally acquired through completion of TAFE certificate or associate diploma alone.
14.2.5(f)(ii) They might be acquired through completion of a degree or diploma course with little or no relevant work experience, or through lesser formal qualifications with relevant work skills, or through relevant experience and work skills commensurate with the requirements of work in this band.
14.2.6 Definitions of Levels for 24 Hour Care and Overnight care
14.2.6(a) An employee on commencement with the company will be classified as Level 1, for engagement for the delivery of 24 hour care and overnight care.
14.2.6(b) After 12 months of satisfactory employment, (as assessed during their performance review) the employee will be entitled to be reclassified to Level 2.
14.2.6(c) After a further 12 months of employment, (as assessed during their performance review), the employee shall be entitled to be reclassified to Level 3.
14.2.6(d) After a further 12 months of employment, (as assessed during their performance review), the employee shall be entitled to be reclassified to Level 4.
14.3.1 The Company shall provide to each employee a position description which will clearly identify as a minimum:
14.3.1(a) the accountability and extent of authority of the position;
14.3.1(b) the level of judgement and decision making skills required;
14.3.1(c) specialist skills and knowledge required to undertake the duties of the position;
14.3.1(d) managerial skills, if relevant;
14.3.1(e) interpersonal skills;
14.3.1(f) qualifications and experience required for the position.
14.3.2 The position description shall be reviewed by the employer in consultation with the employee concerned at least annually.
15. SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES
15.1 This clause 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 clause, the following definitions will apply:
15.1.1 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.
15.1.2 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.
15.1.3 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.
15.1.4 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.
15.2.1 Employees covered by this clause 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.
15.2.2 This clause 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 employment.
15.2.3 This clause 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, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.
15.3.1 Employees to whom this clause applies shall 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 the following schedule:
Assessed capacity |
% of prescribed |
(clause 15.4) |
award rate |
10%* |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
15.3.2 Provided that the minimum amount payable shall be not less than $50 per week.
15.3.3 Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.
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:
15.4.1 the employer and a union party to the award, in consultation with the employee or, if desired by any of these;
15.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
15.5 Lodgment of assessment instrument
15.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.
15.5.2 All assessment instruments shall 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 shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.
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 shall be in accordance with the procedures for assessing capacity under the Supported Wage System.
15.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause 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.
An employer wishing to employ a person under the provisions of this clause shall 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.
15.9.1 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 clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
15.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
15.9.3 The minimum amount payable to the employee during the trial period shall be no less than $50 per week.
15.9.4 Work trials should include induction or training as appropriate to the job being trailed.
15.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 15.4.
16.1.1 A Staff Development Strategy will be developed by the employer to meet the overall goals of the organisation, implement best practice and promote the training and skill development of employees.
16.1.2 The employer-employee consultative committee will be consulted in regard to the staff development scheme.
16.1.3 The details of the Staff Development Strategy will be developed after consultation with the Consultative Committee.
16.1.4 As a minimum, the Staff Development Scheme will include:
16.1.4(a) reference to the agreed position description;
16.1.4(b) identified skills to be developed;
16.1.4(c) identified performance objectives;
16.1.4(d) agreed training to be offered\undertaken, in accordance with clause 32 - Training program of this award.
16.2.1 The employer shall undertake an annual review and performance appraisal for all employees, around the anniversary date of their appointment.
16.2.2 As a minimum, each review shall include:
16.2.2(a) the utilisation of appropriate skills and meeting of performance objectives, in accordance with the Staff Development Scheme;
16.2.2(b) satisfactory service.
17.1 Where the caregiver is required to travel more than 30 kilometres from his/her home, or the nearest Silver Circle office, (whichever is the lesser), to the first point of service for a period of work of less than three hours duration, the caregiver shall be paid a transport allowance of 0.60 cents per kilometre.
17.2 The employer will pay an allowance of 0.60 cents per kilometre to an employee who is required to use his or her own motor vehicle in the performance of the duties specified in the employer's care plan for a client.
17.3 An employee seeking payment of the travel allowance will maintain a signed logbook recording the date, time, distances and reasons for the travel which must be provided to the employer upon request. The employee will make claims for travel allowance on his or her fortnightly time sheet.
17.4 An employee will not be entitled to the travelling allowance for travel to and from the client's premises.
17.5 The employer will provide an employee with two pinafores to be worn in the provision of home and personal care services and the employee is responsible for the laundering and upkeep of such uniform. These uniforms will remain the property of the employer at all times.
Superannuation entitlements apply from the date of the employee's commencement of employment and are in accordance with the Superannuation Guarantee (Administration) Act 1992 (Commonwealth) as varied from time to time.
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
19.1 General home care workers
19.1.1 A general home care worker will be paid in accordance with clause 14.1.1 for all time worked between the hours of 6.00 a.m. to 8.00 p.m. Monday to Sunday (the spread of hours).
19.1.2 All work performed outside the spread of hours attracts a 50% loading on the ordinary hourly rate.
19.2 Personal care worker
19.2.1 A personal care worker will be paid in accordance with 14.1.1, for all time worked over the period Monday to Sunday.
19.2.2 Unless otherwise agreed, all employees will ordinarily be entitled to a minimum of ten hours break between finishing work on one day and commencing work on the next.
19.3 Overnight care
19.3.1 An employee engaged for an overnight shift will be paid in accordance with the wage rates in clause 14.1.3.
19.3.2 An overnight care shift requires an employee to be available for duty in a client's home for a ten hour period. During this period, the employee is required to provide a total of three hours of general home care services or personal home care services.
19.3.3 An overnight care shift will be worked between the hours of 7.30 p.m. and 8.30 a.m. although the employer and employee may agree to vary these hours.
19.3.4 If an employee believes that more than three hours' personal or home care services are required to be provided during an overnight care shift, the employee will advise his or her Service Co-ordinator. If the Service Co-ordinator obtains the permission of the client to perform the additional services, the Service Co-ordinator will notify the employee accordingly and the employee will be paid for the performance of the additional services as follows:
19.3.4(a) as a minimum, the ordinary hourly rate prescribed for band 2 employees by 14.1, as appropriate; and
19.3.4(b) for a minimum of one hours' work.
19.3.5 An employee will normally have the opportunity to sleep during an overnight care shift and where appropriate, a bed in a private room will be provided for the employee.
19.4 24 hour care
An employee engaged for a 24 hour shift will be paid in accordance with the wage rates in clause 14.1.2.
19.4.1 A 24 hour care shift requires an employee to be available for duty in a client's home for a 24 hour period. During this period, the employee is required to provide the client with the services specified in the care plan.
19.4.2 An employee will normally have the opportunity to sleep during a 24 hour care shift and where appropriate, a bed in a private room will be provided for the employee.
20.1 Alteration of meal breaks
It is recognised that under certain circumstances relating to production or other workload priorities, an employee may agree to work up to six hours before partaking of a meal break. Agreement to work more than six hours without a meal break will be by mutual agreement.
21.1 Payment for working overtime
Except as otherwise provided by this award, all home care and personal care work excluding shift work performed in excess of 76 hours in a fortnight period shall be payable at the rate of:
21.1.1 time and a half for the first three hours and double time thereafter Monday to Saturday; and
21.1.2 double time all day Sunday.
22. ANNUAL LEAVE
22.1 Annual leave
22.1.1 Period of annual leave
22.1.1(a) All full-time employees engaged in the provision of home care and personal care (except those permanent part-time and casual employees who are in receipt of 20% loading) after completing twelve months continuous service shall be entitled to 152 hours annual leave to be taken over a four week period.
22.1.1(b) All employees engaged in the provision of 24 hour care on the permanent part-time shift rate shall be entitled to annual leave on the following basis:
The number of shifts worked in the entitlement period divided by 13.
22.1.1(c) All employees engaged in the provision of overnight care on the permanent part-time shift rate shall be entitled to annual leave on the following basis:
The number of shifts worked in the entitlement period divided by 13.
22.1.1(d) For the purposes of the calculation of annual leave, clauses 23.1.1(a), 23.1.1(b), and 23.1.1(c) shall operate separately.
22.1.1(e) Part-time employees engaged in the provision of home care, personal care, (except those employees who are in receipt of 20% loading) shall be paid annual leave on a pro-rata basis.
22.1.1(f) Part-time employees are entitled to take their leave entitlement over a four week period.
22.1.1(g) Part-time employees (with 20% loading) are entitled to four weeks unpaid leave.
22.1.1(h) Where payment is made by electronic funds transfer, payments in respect of annual leave may be throughout the period of leave in accordance with normal pay arrangements.
Provided however that where an employee requests payment in advance then such payment shall be made.
22.2 Annual leave loading
In addition to the payment prescribed in clause 14 hereof the employee shall receive during the period of annual leave, loading of 17.5% as calculated on the appropriate wage rates.
23. JURY SERVICE
23.1 A permanent employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage they would have received in respect of the ordinary time he/she would have worked had they not been on jury service.
23.2 An employee shall notify the employer as soon as possible of the date on which they are required to attend for jury service. Further the employee shall give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.
24. ACCIDENT PAY
From the commencement of this Agreement, where an employee meets with an accident at their place of employment and is subject to and qualifies for compensation under the Accident Compensation Act presently in force in the applicable State, such employee shall have the amount received by way of compensation increased by the employer to the amount of the usual weekly rate under this agreement that is applicable at the time of the accident. Payments to be made by the employer under this clause shall be limited to a maximum period of 26 weeks.
25. DISPUTE SETTLING PROCEDURES
A workplace or employee representative who is required to assist in solving disputes shall be granted paid leave to undertake agreed training for such purposes. Leave shall be granted provided that :
· The scope, content and level of courses are directed to the understanding and enhancement of dispute resolution procedures;
· The timing and duration is taken into consideration;
· The employer is able to make adequate operational arrangements during the period of such leave;
· Other similar leave is taken into consideration.
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
26.1 Definitions
26.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where `child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
26.1.2 Subject to clause 26.1.3, in this clause, spouse includes a de facto or former spouse.
26.1.3 In relation to clause 26.5, spouse includes a de facto spouse but does not include a former spouse.
26.2 Basic entitlement
26.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
26.2.2 Subject to 26.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
26.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
26.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
26.3 Maternity leave
26.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
26.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;
26.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.
26.3.2 When the employee gives notice under 26.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
26.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
26.3.4 Subject to clause 26.2.1 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.
26.3.5 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.
26.3.6 Special maternity leave
26.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
26.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
26.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
26.3.7 Where leave is granted under clause 26.3.4, 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.
26.4 Paternity leave
26.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
26.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
26.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
26.4.1(c) a statutory declaration stating:
26.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;
26.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and
26.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
26.4.2 The employee will not be in breach of clause 26.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
26.5 Adoption leave
26.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
26.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
26.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
26.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and
26.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
26.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
26.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
26.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
26.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.
26.6 Variation of period of parental leave
Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
26.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.
26.8 Transfer to a safe job
26.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
26.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.
26.9 Returning to work after a period of parental leave
26.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
26.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 26.8, the employee will be entitled to return to the position they held immediately before such transfer.
26.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
26.10 Replacement employees
26.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
26.10.2 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.
27. PERSONAL LEAVE
27.1 Amount of paid personal/carer's leave
An employee other than a permanent part-time or casual employee who is in receipt of the 20% loading, who is absent from work on account of personal illness or injury, or for bereavement reasons is entitled to the following amount of paid personal/carer's leave:
· 76 hours in the first year and 91.2 hours in the second and subsequent years. Part-time employees shall be paid sick leave on a pro-rata basis.
27.2 Immediate family or household
27.2.1 The entitlement to use bereavement leave/compassionate leave and carer's leave in accordance with this clause is subject to the person being either:
27.2.1(a) a member of the employee's immediate family; or
27.2.1(b) a member of the employee's household.
27.2.2 The term immediate family includes:
27.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person: and
27.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
27.3 Personal sick leave
27.3.1 An employee is entitled to the following amount of paid leave for absence due to personal illness or injury:
· 60.8 hours paid sick leave for the first year of service and 91.2 hours in each year of service after the first year.
27.3.2 Leave taken by an employee under this paragraph is deducted from the amount of personal/carer's leave under 28.1.
27.3.3 An employee is entitled to use accumulated sick leave for personal sickness if the employee has already used:
27.3.3(a) the current year's sick leave component of the personal/carer's leave entitlement as personal sick leave; or
27.3.3(b) the current year's aggregated personal/carer's leave entitlement.
27.4 Bereavement/compassionate leave
27.4.1 An employee is entitled to three days paid leave on each occasion if a member of the employee's immediate family or household dies.
27.4.2 Each day or part of a day used under 28.4 is deducted from the amount of personal/carer's leave under 28.1.
27.4.2 An employee is entitled to use accumulated sick leave as paid bereavement leave/compassionate leave up to 2 days when a member of the employee's immediate family or household dies and the employee has already used the current year's personal/carer's leave entitlement under 28.1.
27.4.3 An employee is entitled to use unpaid leave up to three days when a member of the employee's immediate family or household dies if the employee has already used the current year's personal/carer's leave entitlement under 28.1 and no accumulated sick leave is available.
27.4.1 Proof of death must be provided to the satisfaction of the employer, if requested.
27.5 Carer's leave
27.5.1 An employee with responsibilities in relation to either members of their immediate family or household is entitled to use up to five days per annum of their personal/carer's leave entitlement to provide care and support for such persons when they are ill. Leave may be taken for part of a single day.
27.5.2 The entitlement to use personal/carer's leave is subject to the employee being responsible for the care of the person concerned.
27.5.3 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.
27.5.4 In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.
27.5.5 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 their 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 absence.
27.5.6 Each day or part of a day of carer's leave taken in accordance with this paragraph is to be deducted from the amount of personal/carer's leave provided in 28.1 up to a maximum of five days per annum.
27.5.7 An employee is entitled to use accumulated sick leave as paid carer's leave if the employee has used the current year's personal/carer's leave entitlement. An exception to this is where an employee has already taken five days carer's leave in the current year.
27.6 Unpaid carer's leave
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family or household member who is ill.
28. LONG SERVICE LEAVE
Employees are entitled to long service leave in accordance with the provisions of the relevant State legislation.
29.1 Prescribed public holidays
29.1.1 An employee other than a casual employee and permanent part time employees shall be entitled to holidays on the following days:
· New Year's Day
· Australia Day
· Labour Day
· Good Friday
· Easter Saturday
· Easter Monday
· Anzac Day
· Queen's Birthday
· Christmas Day
· Boxing Day
· Other Declared public holidays in the applicable State or region.
29.1.2 Days in lieu
29.1.2(a) When Christmas Day falls on a Sunday, a holiday is lieu thereof shall be observed on 26 December.
29.1.2(b) When Boxing Day falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
29.1.2(c) When New Year's Day or Australia Day falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.
29.1.3 Where public holidays are declared or prescribed for the State of Victoria on days other than those set out in 29.1 and 29.1.1 above, those days shall constitute additional holidays for the purpose of this award.
29.2 Substitute days
The Company with the agreement of the relevant Union may substitute another day for any prescribed in this clause.
29.2.1 The Company and the majority of employees in a work area may agree to substitute another day for any prescribed in this clause.
29.2.2 An agreement pursuant to 29.2.1 shall be recorded in writing and be available to every affected employee.
29.3 Minimum payment - public holidays
A full-time employee shall be paid for a minimum of two hours work at the appropriarte rate for work on a public holiday. A part-time employee shall be paid for hours worked at the appropriate rate for working on a public holiday.
29.4 An employee required to work on a holiday as defined in this clause between the hours of work as defined in clause 19 shall be paid at 1-1/2 times the ordinary prescribed rate for all time worked; and if required to work on a holiday outside the hours of work as specified in clause 19, he/she shall be paid at 2-1/2 times his/her ordinary prescribed rate for all time worked.
29.5 If a holiday as set out in 29.2 of this clause occurs during a period of illness of an employee engaged by the week, such employee shall be entitled to payment for such holiday, provided that satisfactory evidence of such sickness is furnished to the employer by or on behalf of such employee, and provided further that such period of illness has not been of more than one month's duration at such date.
29.6 Absence before or after a public holiday
Provided that where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.
29.7 Rostered day off falling on a public holiday
29.7.1 Should an employee be rostered off on a day on which a public holiday falls, he/she shall be entitled to an equivalent time off in one period without loss of pay not later than three months after the entitlement accrued, and where practicable during the week following.
29.7.2 Provided that, where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to an additional day as provided in the previous paragraph.
29.7.3 In the absence of a regular roster pattern being established, an employee who has worked on a particular day for 50% of the time in the preceding six months is considered to be regularly rostered for the purposes of determining public holidays entitlements.
PART 8 - TRAINING AND RELATED MATTERS
30.1 The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of industry, a commitment to training and skill development is required.
30.2 Accordingly, the parties commit themselves to:
30.2.1 developing a more highly skilled and flexible workforce;
30.2.2 providing employees with career opportunities through appropriate training to acquire additional skills; and
30.2.3 removing barriers to the utilisation of skills acquired.
.
PART 9 - AWARD COMPLIANCE AND UNION RELATED MATTERS
31. TIME AND WAGES RECORDS
31.1 Every employer shall keep a record showing the name of each employee, the number of hours worked whether ordinary or overtime, the classification of work and the rate of pay therefore, and the wages or salary paid to each employee from week to week.
31.2 Time Sheets
Employees are required to submit timesheets or other approved methods of work verification in the format and within the timelines specified by the employer.
The National Secretary or State Branch Secretary of the Union, or any official of the Union authorised in writing by the National Secretary or State Branch Secretary shall be allowed on any working day between 9.00 a.m. and 4.00 p.m. or at such other times as may be agreed upon to inspect the record as far as they relate to a member or members of the said Union.
B. This order shall come into operation from the first pay period to commence on or after 8 February 2001 and shall remain in force for a period of one month.
BY THE COMMISSION:
COMMISSIONER
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