Dec 1493/99 N Print S1841
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.107 reference of notification to Full Bench
s.99 notification of industrial dispute
Health Services Union of Australia
and
Kindilan Society
(C No. 34926 of 1995)
s.113 applications for variation
Health Services Union of Australia
(C Nos. 11398 and 11440 of 1995)
HEALTH SERVICES UNION OF AUSTRALIA (VICTORIA - PRIVATE SECTOR) INTERIM AWARD 1993
(ODN C No. 31827 of 1992)
[Print L0831[H0154]]
Health Services Union of Australia
(C No. 32662 of 1996)
HEALTH AND ALLIED SERVICES - PRIVATE SECTOR - VICTORIA
AWARD 1995
(ODN C No. 33278 of 1994)
[Print M6132 [H0488]]
Health Services Union of Australia
(C No. 32706 of 1996)
HEALTH (RESIDENTIAL CARE - VICTORIA) AWARD 1995
(ODN C No. 30578 of 1991)
[Print M6133 [H0370]]
Health workers |
Health and welfare services |
SENIOR DEPUTY PRESIDENT MACBEAN |
|
SENIOR DEPUTY PRESIDENT WATSON |
|
COMMISSIONER BLAIR |
MELBOURNE, 16 DECEMBER 1999 |
Settlement of order.
DECISION
[1] On 22 December 1997 a Full Bench of the Commission handed down a decision [Print P7638] in response to a number of applications by the Health Services Union of Australia (HSUA) for variation of the Health and Allied Services - Private Sector - Victoria Award 1995 [H0488] (HASA Award) and the Health (Residential Care - Victoria) Award 1995 [H0370] (Resicare Award).
[2] The applications by the HSUA were intended to (page 2, Print P7638):
· "Bring the substantive coverage of the disability services sector in Victoria within the Health and Allied Services - Private Sector - Victoria Award 1995 (HASA Award);
· Remove access to a 24 hour roster arrangement under this Award;
· Introduce a defined Disability Services Stream within that Award;
· Make provision for a sleepeover allowance of $60 per sleepover;
· Make provision for a certificate allowance; and
· Restrict the coverage of the Health (Residential Care - Victoria) Award 1995 (Resicare Award) to "Cottage Parents"."
The Full Bench came to a number of findings, which relevant to the present proceedings included the following (pp 4, 5 and 7):
"1. On the evidence and the material before us, we are satisfied that the disability services sector in Victoria covered by the awards which are the subject of these HSUA applications should not be the subject of significantly different pay rates and conditions for work of a similar nature..................
2. It is our view that this disability services sector award should be a "stand alone" award providing common rates and conditions for employees who are employed by employers who are currently respondent to the HASA and/or the Resicare Awards and which are encompassed within the present applications made by the HSUA.......
3. Within the disability services sector award which is proposed, there shall be a single classification structure. This classification structure will need to have regard to s.88B(3)(a) of the Act and be consistent with the requirements of the Commission's August 1988, August 1989 and subsequent National Wage Decisions.
The parties are directed to confer with the object of developing and finalising the classification structure, including the preparation of level descriptors."
[3] The Full Bench concluded by making the following direction (page 7):
"The parties to these proceedings are directed to confer and submit a draft disability services sector award to give effect to the Commission's determination of these applications. As well as conferring on the classification structure as specified earlier in this decision, the parties are also to confer on suitable provisions for inclusion in the award. The award to be made will need to meet the requirements of the Act (for example, s.88B(3)(a), s.89A and s.143) and the Commission's Wage Fixing Principles."
[4] Following correspondence from the HSUA in August 1999, the Full Bench reconvened on 31 August 1999 and was advised by the parties that a number of factors over the intervening period had prevented finalisation of the draft award.
[5] In order to finalise agreement on the draft award, Commissioner Blair held a number of conferences of the parties. As a result an agreed draft award (Exhibit F1) was provided to the Commission in the proceedings on 28 October 1999. A further agreed draft was provided at a hearing on 2 December 1999 (Exhibit F2).
[6] In respect of the classification structure and rates of pay we informed the parties at the hearing on 2 December 1999 that we could not be satisfied on the material before us that the rates of pay were properly fixed minimum rates in accordance with the Full Bench decisions [Print Q7661 and S0105] (Paid Rates decision) and as required by s.89A. The rates of pay contained in Exhibit F2 were equated to the rates of pay for classifications found in the Technical, Clinical and Personal Care classification from HASA Award.
[7] For example the rate of pay claimed for the classification of Residential/Support Services Worker Grade 3 is $485.40 being the rate for the classification in "Wages/Skill Group 6". It was submitted that this level equated to the trades level. The second and third year rates for this and the other classifications were the result of adding the first and second year increments from the HASA Award to the base rate.
[8] The HASA Award is an award that has been subject to a review under Item 49 of the Workplace Relations and Other Legislation Amendment Act 1996 by Commissioner Hingley. As a result of this review the HASA Award was varied from 1 July 1998 so as to deal with allowable award matters. The award has not been subject to a review under that to ascertain whether the rates of pay are expressed as minimum rates of pay.
[9] It is not clear whether the HASA Award which has its origins as an award of the former Industrial Relations Commission of Victoria (the Victorian Commission), was the subject of the structural efficiency process under the wage fixing principles of the Victorian Commission.
[10] In the light of this we have proceeded on the basis that rates proposed in the draft award and taken from the HASA have not been subject to the structural efficiency process under the previous wage fixing principles or are properly fixed minimum rates.
[11] As a consequence the parties were given the opportunity of presenting any further evidence and submissions in support of the draft wages clause in proceedings before Senior Deputy President MacBean on 6 and 7 December 1999.
[12] We have now had the opportunity of considering the oral evidence together with various exhibits tendered, the submissions made before MacBean SDP and a new agreed draft award with an amended wages clause, now marked as Exhibit F14. We have also had regard to the earlier evidence and material that was placed before Commissioner O'Shea and formed part of his report back to the Full Bench on 4 July 1997.
[13] We have concluded that the evidence supports the claim that the Residential/Support Services Worker Grade 3 classification is properly equated to the Metal, Engineering and Associated Industries Award, 1998 - Part 1 [M1913] (Metal Industry Award) C10 being the 100% level. The rate sought at this level in Exhibit F2 had been $485.40.
[14] The parties have now reduced this rate to $477.20 and adjusted the other classification rates at the base level by maintaining existing internal relativities. The surplus amounts are set out in a separate column which are to be subject to absorption. The only matter now requiring determination is whether the rates in the second and third year at each of the grades can be justified or justified at a lower level, to take into account the reduction in the rates made at the base level.
[15] The evidence disclosed that the work associated with providing a service to the intellectual disabled has altered significantly over the past five years. This has been brought about in part by the transfer of clients from large residential institutions many based on a medical type model to homes located in the community.
[16] The change from the medical type model to one in which the service is provided in community homes has resulted in a substantial change to the duties of those now employed to deliver the services to clients in such homes.
[17] For example residential care staff now have the responsibility for many procedures undertaken previously by medical or nursing staff. This has led to the need to provide intense internal training supplemented by external training.
[18] This training is ongoing as new treatment and methods of delivery services to the intellectually disabled are introduced. The private organisations that enter into contracts with the State Government to deliver the services to the intellectually disabled are funded to provide the necessary training to meet the quality of service required by the Government under the contract. There is on the evidence a constant upgrading of knowledge and skills of the employees in the industry.
[19] The changes affecting the skill and responsibility of employees can be summarised as follows:
· Transition from a medical model to a disability model;
· Clients with more challenging problems;
· Care workers contributing to client case plans;
· An emphasis on formal qualifications being required or preferred;
· With less input from professional care workers, care workers are exercising much higher level of responsibility in a range of areas.
[20] The increased knowledge, skills and training together with the qualifications required at the entry level of each grade which has been proposed, leads us to conclude that a case has been made out that the rates of pay at the base level and in the second and third year are fixed at an appropriate level on work value grounds.
[21] We are satisfied therefore that the rates in Exhibit F14 are properly fixed minimum as required by s.89A(3) and have been fixed in accordance with the Paid Rates decision. In all other respects the draft award meets the other requirements of ss89A and 143.
[22] For the reasons set out above we will issue an order in terms of Exhibit F14 with some minor modifications to clauses 15 and 16. In clause 15 we intend to add the following new subclause 15.8:
"Any dispute over the operation of this clause, including an employer's assessment of an employee for progression between the pay points, is to be dealt with under clause 10, `Grievance Procedure'."
[23] Clause 16 will be modified by inserting the column headed "First Year Actual Rates" immediately after the column headed "Minimum Rates" in place of the column headed "Residual Amount" which will follow immediately after. The next two columns will be headed "Second Year Rates" and "Third Year Rates". An appropriate alteration will be made to the section headed "Note".
[24] We have also inserted a new subclause 16.1 regarding the inclusion of the April 1998 and April 1999 safety net adjustments in the rates.
[25] The order which will be in terms of Attachment "A" will come into force from the commencement of the full pay period beginning on or after 28 October 1999 and shall remain in force for a period of twelve months, provided that Clause 3, "Overtime" of Part C shall operate from 31 March 2000.
BY THE COMMISSION:
"ATTACHMENT A"
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.107 reference of notification to Full Bench
s.99 notification of industrial dispute
Health Services Union of Australia
and
Kindilan Society
(C No. 34926 of 1995)
s.113 applications for variation
Health Services Union of Australia
(C Nos. 11398 and 11440 of 1995)
HEALTH SERVICES UNION OF AUSTRALIA (VICTORIA - PRIVATE SECTOR) INTERIM AWARD 1993
(ODN C No. 31827 of 1992)
[Print L0831[H0154]]
Health Services Union of Australia
(C No. 32662 of 1996)
HEALTH AND ALLIED SERVICES - PRIVATE SECTOR - VICTORIA
AWARD 1995
(ODN C No. 33278 of 1994)
[Print M6132 [H0488]]
Health Services Union of Australia
(C No. 32706 of 1996)
HEALTH (RESIDENTIAL CARE - VICTORIA) AWARD 1995
(ODN C No. 30578 of 1991)
[Print M6133 [H0370]]
RESIDENTIAL AND SUPPORT SERVICES (VICTORIA) AWARD 1999
(ODN C No. 34926 of 1995)
[Print S1894 [R1119]]
Health workers |
Health and welfare services |
SENIOR DEPUTY PRESIDENT MACBEAN |
|
SENIOR DEPUTY PRESIDENT WATSON |
|
COMMISSIONER BLAIR |
MELBOURNE, 16 DECEMBER 1999 |
ORDER
A. Further to the decisions issued on 22 December 1997 [Print P7638] and 16 December 1999 [Print S1841] the Health (Residential Care - Victoria) Award 1995 is varied as follows:
By deleting all clauses, schedules and appendices and inserting the following:
1. AWARD TITLE
This award shall be referred to as the Residential and Support Services (Victoria) Award 1999.
2. ARRANGEMENT
This award is arranged as follows:
Part A - Common provisions
Section I - Application
3. Definitions
4. Incidence of award
5. Operation of award
6. Previous award superseded
7. Transition arrangements
Section II - Award flexibility
8. Enterprise Flexibility
Section III - Dispute resolution
9. Anti-discrimination
10. Grievance procedure
Section IV - Employer and employee's duties
11. Notification of classification
12. National training wage
13. Redundancy
14. Termination of employment
Section V - Wages and related matters
15. Classification structure
16. Minimum rates of pay
17. Supported wages for employees with disabilities
18. Higher duties
19. Payment of wages
20. Occupational superannuation
Section VI - Leave of absence and public holidays
21. Annual leave
22. Personal leave
23. Jury service
24. Long service leave
25. Parental leave
26. Public holidays
Section VII - Transfers, travelling and working away from usual place of work
27. Travelling, transport and fares
Section VIII - Accident pay
28. Accident pay
Section IX - Award compliance
29. Posting of award
Part B - Provisions related to residential and support services workers other than those employed under the half day model provisions of part C
Section I - Employment relationship and hours of work and breaks
1. Types of employment and hours of work
2. Meal intervals
3. Overtime
4. Saturday and Sunday work
5. Shift work allowance
6. Sleepover
Part C - Provisions related to residential and support services workers employed under the half day model
Section I - Employment relationship and hours of work and breaks
1. Types of employment and hours of work
2. Rostered time off
3. Overtime
Appendix A - Savings provision
Appendix B - Leave reserved matters
Appendix C - Schedule of respondents
PART A - COMMON PROVISIONS
SECTION I - ARRANGEMENT
3. DEFINITIONS
3.1 Award shall mean the Residential and Support Services - Victoria - Award 1999.
3.2 Commission shall mean the Australian Industrial Relations Commission.
3.3 Employee means a person employed by a respondent to this award on either a full-time, part-time or casual basis and includes a person employed on a fixed term basis.
3.4 Employer shall mean a respondent to this award listed in Appendix C Schedule of Respondents.
3.5 Union shall mean the Health Services Union of Australia.
3.6 Or as defined elsewhere in this award.
4. INCIDENCE OF AWARD
4.1 This award shall apply to and be binding on:
4.1.1 The Health Services Union of Australia in respect of its Officers and each and every person who is a member or is eligible to be a member of the Union; and
4.1.2 Those employers listed at Appendix C Schedule of Respondents.
4.2 This award applies to the whole of Victoria in relation to persons employed in direct client support roles in residential and/or non-residential support services for people with disabilities and/or young people and/or children but not including:
4.2.1 Those persons employed under the following awards:
· Social and Community Services (Interim) Award 1995
· Crisis Assistance, Supported Housing Award 1991
· Community Employment Training and Support Services Award 1999
· Disability Services (Victoria) Award 1993
· Attendant Care (Victoria) Award 1995
· HSUA (Victoria - Private Sector) Interim Award 1993 Health Professionals Part
4.2.2 Those persons employed in connection with the delivery of aged care programs identified as such under legislative provisions.
4.3 Where there is potential coverage under the Health and Allied Services - Private Sector - Victoria Consolidated Award 1998 of persons covered by the Residential and Support Services - Victoria - Award 1999, the Residential and Support Services - Victoria - Award 1999 shall prevail.
5. OPERATION OF AWARD
5.1 This award shall come into force from the commencement of the first full pay period beginning on or after the 28th October 1999, and shall remain in force for a period of 12 months.
5.2 Provided that Clause 3 - Overtime of Part C shall operate from 31st March 2000.
6. PREVIOUS AWARD SUPERSEDED
This award supersedes the Health (Residential Care - Victoria) Award 1995. However no right, obligation or liability accrued or incurred under the superseded award shall be affected.
7. TRANSITION ARRANGEMENTS
7.1 Employers shall reclassify all employees, in accordance with clause 15 - Classification Structure and Rates of Pay by 31st of March 2000.
7.2 Subject to 7.3, notwithstanding the date upon which reclassification occurs all employees who perform any work between the 28th October and the date of reclassification shall be paid for such work in accordance with the classification structure in this award.
7.3 New employees, engaged after October 28th 1999 shall be paid from their date of commencing employment at the relevant classification.
7.4 Employers when undertaking reclassification in accordance with this clause and clause 15 - Classification Structure and Rates of Pay shall be guided by the Exhibit in the proceedings leading to this award entitled "Guidelines for the Assistance of Employers and Employees in implementing the New Classification Structure."
7.5 Disagreements in relation to the Translation process shall be determined in accordance with clause 10 - Grievance Procedure of this award.
SECTION II - AWARD FLEXIBILITY
8. ENTERPRISE FLEXIBILITY
8.1 The parties are committed to cooperate positively to increase the efficiency, productivity and effectiveness of the Community Services industry.
8.2 The employer and employees (or their representatives) may, through a consultative mechanism relevant to the size, structure and needs of the enterprise, reach an agreement on changes to work practices and conditions which have the effect of varying a specified provision of this award, provided that:
8.2.1 it is intended and has the effect of increasing efficiency;
8.2.2 the majority of employees must genuinely agree to the change;
8.2.3 the variation meets the no disadvantage test set out in the Workplace Relations Act 1996;
8.2.4 any agreement shall be made available in writing and filed with the Commission. Copies shall be made available to all employees and the Union; and
8.2.5 any agreement shall be subject to approval by the Australian Industrial Relations Commission and if approved shall operate as a schedule to this award and take precedence over any provision of this award to the extent of any inconsistency.
8.3 An employer may direct an employee to carry out duties that are incidental and peripheral to the work normally performed, where those duties are within the employees skill, competence and training and are consistent with the classification structure of this award.
8.4 It is a term of this award that nothing arising from the Structural Efficiency Principle or consequential award variations shall operate so as to decrease, inhibit or detract from or restrict work practices and flexibility already existing within workplaces.
SECTION III - DISPUTE RESOLUTION
9. ANTI-DISCRIMINATION
9.1 It is the intention of the respondents 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, natural extraction or social origin.
9.2 Accordingly, in fulfilling their obligations under clause 10 - Disputes avoidance/ grievance procedure - the respondents must make every endeavour to ensure that neither the award provisions nor their operations are directly or indirectly discriminatory in their effects.
9.3 Nothing in this clause is to be taken to effect:
9.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
9.3.2 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; and
9.3.3 the exemptions in s. 170CK(3) and (4) of the Act.
10. GRIEVANCE PROCEDURE
10.1 It is the objective of this procedure to ensure that grievances are resolved by negotiation and discussion between the parties. The parties to this award recognise that from time to time individual employees may have grievances which need to be resolved in the interest of good relationships.
10.2 An employee shall have the right for grievances to be heard through all levels of line management.
10.2.1 In the first instance the employee shall attempt to resolve the grievance with their immediate supervisor. A Union or other representative shall be present if desired by either party.
10.2.2 If the employee still feels aggrieved, then the matter shall be referred to their department head. A Union or other representative shall be present if desired by either party.
10.2.3 If the grievance is still unresolved, the matter shall be referred to senior management. A Union or other representative shall be present if desired by either party.
10.2.4 It is agreed that steps 10.2.1 to 10.2.3 will take place within 14 days.
10.2.5 If the grievance still exists the matter shall be referred at the request of either party to the Australian Industrial Relations Commission, or other independent arbiter agreed by both parties, for decision.
10.2.6 During the time when the parties attempt to resolve the matter:
10.2.6(a) the parties will continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
10.2.6(b) subject to relevant provisions of Victorian occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
10.2.6(c) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.
SECTION IV - EMPLOYER AND EMPLOYEE'S DUTIES
11. NOTIFICATION OF CLASSIFICATION
11.1 Every employer shall notify each employee in writing on commencement of their classification and terms of employment.
11.2 Subject to clause 15 - Classification structure of this award, every employer shall notify each employee of any alteration to their classification in writing not later than the operative day of such alteration.
12. NATIONAL TRAINING WAGE
12.1 A party to this award shall comply with the terms of the National Training Wage Award 1994 [N4816 [N0277CR]], as varied, as though bound by clause 3 of that award.
12.2 The terms of the National Training Wage Award 1994, as varied, shall apply to the employment under this award for employers bound by that award.
13. REDUNDANCY
13.1 Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.
13.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the employee shall be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.
13.3 Severance pay
13.3.1 In addition to the period of notice prescribed under clause 14 - Termination of employment and subject to further order of the Commission, an employee whose employment is terminated by reason of redundancy shall be entitled to the following amount of severance pay in respect of continuous period of service:
Period of continuous service |
Severance pay |
One year or less |
nil |
Over 1 year and up to the completion of two years |
4 weeks pay |
Over 2 years and up to the completion of three years |
6 weeks pay |
Over 3 years and up to the completion than four years |
7 weeks pay |
Over 4 years |
8 weeks pay |
13.3.2 Weeks pay means the ordinary time of rate of pay for the employee concerned.
13.3.3 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.
13.3.4 Continuity of service shall be calculated in the manner prescribed in clause 24 - Long Service Leave.
13.4 Employee leaving during notice period
An employee whose employment is terminated by reason of redundancy 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 date of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
13.5 Alternative employment
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.
13.6 Time off during notice period
13.6.1 During the period of notice of termination given by the employer by reason of redundancy, 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.
13.6.2 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 interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
13.7 Superannuation benefits
Subject to further order by the Commission where an employee who is terminated receives a benefit from a superannuation scheme, he or she shall only receive under 13.3 hereof the difference between the severance pay specified in the subclause and the amount of superannuation benefit he or she receives which is attributed to employer contributions only. If this superannuation benefit is greater than the amount due under 13.3 then he or she shall receive no payment under that clause.
13.8 Employees with less than twelve months continuous 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 alternative employment.
13.9 Employees exempted
This clause shall not apply where employment is terminated because the conduct of an employee justifies instant dismissal, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.
13.10 Employers exempted
Subject to an order of the Commission, in a particular redundancy case, this part shall not apply to employers who employ less than fifteen employees whether under this award or otherwise.
13.11 Incapacity to pay
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.
14. TERMINATION OF EMPLOYMENT
14.1 Notice of termination by the employer - workers employed under Part C Half Day Model and residing on employer's premises only
14.1.1 Except in the case of wilful misconduct, 14 days' notice of termination shall be given for termination within the first three months of service by either employer or employee or in lieu of 14 days' wages shall be paid by the employer or forfeited by the employee as the case may be.
14.1.2 If termination is after the first three months of service, the notice or payment in lieu shall be 28 days instead of 14 days. Any dispute regarding the application of this clause shall be referred to the Commission.
14.2 Notice of termination by the employer - all workers employed under Part B Other than the Half Day Model, and those employed Under Part C Half Day Model, but not residing on the employer's premises
14.2.1 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 |
Over 1 year and up to the completion of 3 year |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
Over 5 years |
4 weeks |
14.2.2 In addition to the notice in 14.2.1 above, 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.
14.2.3 Payment in lieu of the notice prescribed in 14.2.1 and/or 14.2.2 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, and part payment in lieu of notice.
14.2.4 In calculating any payment in lieu of notice, the wages to be used shall be those an employee would have received in respect of ordinary time (including relevant allowances) he or she would have worked during the period of notice had his or her employment not been terminated.
14.2.5 The period of notice in this clause shall not apply in the case of dismissal for conduct which justifies instant dismissal or in the case of casual employees, or apprentices or employees engaged for a specific task or tasks.
14.2.6 Continuity of service shall be calculated in the manner prescribed in clause 24 - Long Service Leave.
14.3 Notice of termination by employee
14.3.1 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.
14.3.2 If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.
14.4 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 during each week of notice without loss of pay for the purpose of seeking other employment. The time off shall be taken at a time mutually convenient to the employee and the employer.
14.5 Abandonment of employment
Where an employee has given or has been given notice he or she shall continue in his or her employment until the date of expiration of such notice and where an employee who has given or has been given notice as aforesaid refuses to work or is absent from work without just cause or excuse the employee shall be deemed to have abandoned his or her employment and shall not be entitled to payment for work done within the period of notice.
SECTION V - WAGES AND RELATED MATTERS
15. CLASSIFICATION STRUCTURE AND RATES OF PAY
15.1 Grade 1 - entry level
15.1.1 A person appointed to the position of Residential/Support Services Worker with no relevant industry experience and no relevant qualifications will commence at this level, and be provided with appropriate orientation and induction to the position.
15.1.2 An employee at this level:
15.1.2(a) Works within established routines, methods and procedures;
15.1.2(b) Has minimal responsibility, accountability or discretion; and
15.1.2(c) Works under direct or routine supervision, either individually or in a team.
15.1.3 A full-time worker shall progress to Grade 2 on completion of 12 months industry experience.
15.1.4 A part-time or casual worker will progress to Grade 2 after completion of either:
15.1.4(a) 1976 hours of industry experience when employed under Part B of this award; or
15.1.4(b) 494 half days of industry experience when employed under Part C of this award.
15.1.5 For the purposes of this clause, industry experience shall mean 12 months of relevant experience gained in the immediately preceding 3 years.
15.2 Grade II
15.2.1 A person appointed to the position of Residential/Support Services Worker who has at least one year of previous relevant industry experience but no accredited qualification relevant to the position (as identified by the employer) at Certificate 3 level or above under the Australian Qualifications Framework.
15.2.2 An employee at this Grade:
15.2.2(a) Is capable of prioritising work within established routines, methods and procedures;
15.2.2(b) Is responsible for work performed with a limited level of accountability or discretion;
15.2.2(c) Works under limited supervision, either individually or in a team; and
15.2.2(d) Possesses sound communication skills.
15.3 Grade III
15.3.1 A person appointed to the position of Residential/Support Services Worker who has an accredited qualification relevant to the position (as identified by the employer) at the level of Certificate 3 under the Australian Qualifications Framework.
15.3.2 An employee at this Grade:
15.3.2(a) Is capable of prioritising work and exercising discretion within established policies, guidelines and procedures;
15.3.2(b) Is responsible for work performed with a medium level of accountability;
15.3.2(c) Works under limited supervision, either individually or in a team; and
15.3.2(d) Possesses well developed communication, interpersonal and numerical skills.
15.4 Grade IV
15.4.1 A person appointed to the position of Residential/Support Services Worker who has an accredited qualification relevant to the position (as identified by the employer) at the level of Certificate 4 or above under the Australian Qualifications Framework.
15.4.2 An employee at this Grade:
15.4.2(a) Is capable of functioning semi-autonomously, and prioritising his or her own work within established policies, guidelines and procedures;
15.4.2(b) Is responsible for work performed with a substantial level of accountability;
15.4.2(c) Works either individually or in a team;
15.4.2(d) Possesses administrative skills and problem solving abilities; and
15.4.2(e) Possesses well developed communication, interpersonal and numerical skills.
15.5 Grade V
15.5.1 A person appointed to the position of Supervisor by the employer who is responsible for supervision of day to day work of other Residential/Support Services Workers.
15.5.2 An employee at this Grade:
15.5.2(a) Is capable of functioning autonomously, and prioritising his or her own work and the work of others within established policies, guidelines and procedures;
15.5.2(b) May be required to assist with the development and implementation of policies, guidelines and procedures;
15.5.2(c) Is responsible for work performed with a substantial level of accountability and responsibility;
15.5.2(d) Supervises the work of others, including work allocation, rostering and guidance;
15.5.2(e) Works either individually or in a team;
15.5.2(f) May require comprehensive computer knowledge or be required to use a computer on a regular basis;
15.5.2(g) Possesses developed administrative skills and problem solving abilities;
15.5.2(h) Possesses well developed communication, interpersonal and numerical skills; and
15.5.2(i) May require an accredited qualification relevant to the position (as identified by the employer) at the level of Certificate 3 or above under the Australian Qualifications Framework and requires relevant skills, training or experience.
15.6 In deciding whether or not a qualification is relevant to a particular position for the purposes of this clause, the employer must take into account:
15.6.1 The units of competency the employee has successfully completed in gaining his or her relevant qualification; and
15.6.2 The nature of the work that the employer requires to be performed; and
15.6.3 The nature of the client group the relevant employee will be working with.
15.7 An employee's progression between pay points within each classification level for which there is more than one pay point shall be by annual increments, having regard to an assessment of the acquisition and utilisation of skills and knowledge through experience in his or her workplace over such period.
15.8 Any dispute over the operation of this clause, including an employer's assessment of an employee for progression between the pay points, is to be dealt with under clause 10 - Grievance procedure.
16. MINIMUM RATES OF PAY
PART B - Residential/Support Services other than Half Day Model | ||||||||
ADULT EMPLOYEES | ||||||||
Classification |
Minimum Rate |
First year actual rates |
Residual Amount |
Second year minimum rates |
Third year minimum rates | |||
Residential / Support Services Worker Grade 1 |
$429.50 |
$439.20 |
$9.70 |
- |
- | |||
Residential / Support Services Worker Grade 2 |
$458.10 |
$464.90 |
$6.80 |
$468.50 |
$472.30 | |||
Residential / Support Services Worker Grade 3 |
$477.20 |
$485.40 |
$8.20 |
$489.00 |
$492.80 | |||
Residential / Support Services Worker Grade 4 |
$496.30 |
$505.90 |
$9.60 |
$509.50 |
$513.30 | |||
Residential / Support Services Supervisor |
$563.10 |
$570.50 |
$7.40 |
$575.70 |
$579.90 | |||
NOTE: The amounts at each classification level in the column headed Minimum rate are properly fixed minimum rates. The amounts at each classification level in the column headed Residual Amount are absorbable against any future safety net adjustment.
| ||||||||
JUNIOR EMPLOYEES |
||||||||
Residential/Support Services Worker Grade 1
|
$307.44
| |||||||
Residential/Support Services Worker Grade 2
|
$325.43
| |||||||
PART C - Residential / Support Services Half Day Model | ||||||||
ADULT EMPLOYEES | ||||||||
Classification |
First year |
Second year |
Third year | |||||
Residential / Support Services Worker Grade 1 |
$614.88 |
- |
- | |||||
Residential / Support Services Worker Grade 2 |
$650.86 |
$655.90 |
$661.22 | |||||
Residential / Support Services Worker Grade 3 |
$679.56 |
$684.60 |
$689.92 | |||||
Residential / Support Services Worker Grade 4 |
$708.26 |
$713.30 |
$718.62 | |||||
Residential / Support Services Supervisor |
$789.70 |
$805.98 |
$811.86 | |||||
JUNIOR EMPLOYEES | ||||||||
Residential / Support Services Worker Grade 1
|
$430.42
| |||||||
Residential / Support Services Worker Grade 2
|
$455.60
| |||||||
16.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the April 1998 and April 1999 Safety Net Review - Wages decisions [Prints Q1998 and R1999]. 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.
17. SUPPORTED WAGES FOR EMPLOYEES WITH DISABILITIES
17.1 Workers eligible for a supported wage
This clause defines the conditions which apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In this clause the following definitions apply:
17.1.1 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.
17.1.2 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.
17.1.3 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.
17.1.4 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.
17.2 Eligibility criteria
17.2.1 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.
17.2.2 The 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 current employment.
17.2.3 The award does not apply to employers in respect of their facility, program, 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 s.12A of the Act, or if a part only has received recognition, that part.
17.3 Supported wage rates
17.3.1 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 to the following schedule:
Assessed capacity |
% of prescribed award rate |
% |
|
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
17.3.2 Provided that the minimum amount payable shall be not less than $45.00 per week.
17.3.3 Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.
17.4 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:
17.4.1 The employer and Union party to the award, in consultation with the employee or, if desired by any of these;
17.4.2 the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.
17.5 Lodgement of assessment instrument
17.5.1 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 Industrial Relations Commission.
17.5.2 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 by the Registrar within ten working days.
17.6 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 shall be in accordance with the procedures for assessing capacity under the supported wage system.
17.7 Other terms and conditions
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
17.8 Workplace adjustment
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.
17.9 Trial period
17.9.1 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.
17.9.2 During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
17.9.3 The minimum amount payable to the employee during the trial period shall be no less than $45.00 per week.
17.9.4 Work trials should include induction or training as appropriate to the job being trialed.
17.9.5 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 17.4.
18. HIGHER DUTIES
An employee who is classified at less than Level 5 and who is authorised to perform and does carry out the duties of a Level 5 employee (i.e. a Supervisor) under this award for a period of more than five consecutive working days, shall be paid for the period for which the duties are assumed at a rate of not less than the minimum rate prescribed for a Level 5 employee.
19. PAYMENT OF WAGES
19.1 Wages shall be paid not later than Thursday following the end of the weekly or fortnightly pay period provided that this subclause will not come into effect if any unforeseen event outside the control of the employer frustrates the employer's ability to meet the requirements of this subclause.
19.2 When notice of termination of employment has been given by an employee or an employee's services have been terminated by an employer, payment of all wages and other monies owing to an employee shall be made to the employee.
19.3 When an employee receives his or her wages he or she shall be given a pay slip which shows wages and superannuation contributions and any deductions, in accordance with the regulations made under the Workplace Relations Act 1996 or successors thereto.
20. OCCUPATIONAL SUPERANNUATION
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 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
Notwithstanding the above the following provisions shall apply:
20.1 Definitions
For the purposes of this clause:
20.1.1 Fund means a complying superannuation fund as that term is used in the superannuation legislation.
20.1.2 Ordinary time earnings means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift, Saturday and Sunday allowances.
20.2 Employer contributions
20.2.1 A respondent employer shall contribute to the Fund such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 as amended from time to time.
20.2.1(a) In accordance with the requirements of the relevant Acts, as mentioned, a respondent employer shall not be required to pay superannuation contributions in respect of employees who earn less than $450.00 in a calendar month or upon reaching the age of 65.
20.2.1(b) The amount of contributions to the Fund shall be calculated to the nearest ten cents, any fraction below five cents shall be disregarded.
20.2.2 Such contributions shall be made monthly by the last day of the month following, the total of the weekly contribution amounts accruing in the previous month in respect of each employee.
20.2.3 The Fund and the amount of contributions paid in accordance with this subclause and 20.3 shall be included in pay advice notices provided by employers to each employee.
20.2.4 Contributions shall continue to be paid in accordance with this subclause during any period in respect of which any employee is entitled to receive Accident Pay in accordance with clause 28 - Accident pay.
20.2.5 Unpaid absences Except as where specified in the rule of the Fund, contributions by respondent employers in respect of unpaid absences will be proportional to the wage received by the employee concerned in a particular pay period. For the purposes of this clause, each pay period will stand alone. Accordingly, unpaid absences in one pay period will not carry over to another pay period.
20.3 Voluntary employee contributions
20.3.1 An employee may make contributions to the Fund in addition to those made by the respondent employer under 20.2.
20.3.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the Fund, from the employee's wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.
20.3.3 An employer who receives written authorisation from an employee, must commence making payments into the Fund on behalf of the employee within fourteen days of receiving the authorisation.
20.3.4 An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within fourteen days of receiving the authorisation. An employee may only vary his or her additional contributions once each month.
20.3.5 Additional employee contributions to the Fund requested under this subclause shall be expressed in whole dollars.
20.3.6 Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under 20.2.
20.4 Superannuation fund
20.4.1 An employer must, in accordance with the governing rules of the Fund, make superannuation contributions to Health Employees Superannuation Trust of Australia established and governed by a trust deed dated 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or
20.4.1(a) any Fund agreed between an employer and an employee.
20.4.1(a)(i) If the employee is a member of the union bound by this award, the employee may be represented by that union in meeting and conferring with the employer about the matter and the employer must give the union a reasonable opportunity to meet and confer about the matter. Note: the consent of the union is not required to any agreement between the employer and the employee.
20.4.1(a)(ii) The agreement must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
20.4.1(a)(iii) If a dispute or difficulty arises over the implementation or continued operation of this provision, it must be handled in accordance with the dispute resolution procedure in clause 10 - Grievance procedure.
20.4.1(b) any Fund which has application to employees in the principal business of an employer, where employees covered by this award are a minority of award-covered employees; or any other Fund to which an employer or employee who is a member of the religious fellowship know as The Exclusive Brethren elects to contribute;
20.5 Absence from work
Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply:
20.5.1 Paid leave
Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, personal leave or other paid leave.
20.5.2 Work related injury or illness In the event of an employee's absence from work being due to work related injury or work related illness, contributions at the normal rate shall continue for the period of the absence provided that:
20.5.2(a) the member of the Fund is receiving workers' compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award; and
20.5.2(b) the person remains an employee of the employer.
SECTION VI - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
21. ANNUAL LEAVE
21.1 Period of annual leave
21.1.1 Every employee other than a casual shall at the end of each year of his/her continuous service become entitled to four weeks annual leave on ordinary pay.
21.1.2 Provided that an employee who during the year in which his or her annual leave accrues is rostered to work ordinary hours on ten or more Saturdays or Sundays, for 4 or more hours, shall be entitled to an additional week's leave.
21.2 Loading on annual leave
In addition to the payments prescribed in 21.1 of this clause an employee shall receive a loading of either:
21.2.1 his or her allowances for performing shift work and work on Saturdays and Sundays according to his/her roster or projected roster; or
21.2.2 a loading of 17.5% of ordinary pay for the period of the leave
whichever is the greater.
21.3 How annual leave is to be taken
21.3.1 The annual leave shall be given and taken in four consecutive weeks, or if the employee and the employer so agree, in two separate periods, or other mutually agreed arrangements.
21.3.2 The annual leave shall be given by the employer and shall be taken by the employee before the expiration of a period of six months after the date upon which the right to such leave accrues. Provided that the giving and taking of the whole or any separate period of such annual leave may be postponed by agreement between the employer and the employee where circumstances render such postponement necessary or desirable.
21.3.3 Except in the case of mutual consent to the contrary the employer shall give each employee at least one month's notice of the date from which his/her annual leave shall be taken.
21.3.4 If requested, the employer shall pay each employee in advance before commencement of the employee's annual leave his/her ordinary pay for the leave period, plus loading on annual leave as prescribed in 21.2. Provided that if no request is received by the employer before commencement of the annual leave being taken, the employee shall be paid in the regular pay period.
21.3.5 On application by the employee and by agreement with the employer, annual leave may be taken as a single day. Provided that the total number of days taken does not exceed four in each year of employment. Those four days may be taken consecutively. Annual leave taken under this subclause shall be exempt from the provisions of 21.3.4 and shall be paid in the pay period.
21.4 Leave allowed before due date
21.4.1 If the employee and the employer so agree the annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.
21.4.2 Where the annual leave or any part there of has been taken before the right to the annual leave has accrued the right to a further annual leave shall not commence to accrue until after the expiration of the year of employment in respect of which the annual leave or part has been so taken.
21.4.3 Where the annual leave or any part thereof has been taken in advance by an employee pursuant to 21.4.1 and:
21.4.3(a) the employment of the employee is terminated before he/she has completed the year of employment in respect of which such annual leave or part was taken; and
21.4.3(b) the sum paid by the employer to the employee as ordinary pay for the annual leave or part so taken in advance exceeds the sum which the employer is required to pay to the employee under 21.6 - the employer shall not be liable to make any payment to the employee under 21.6 hereof and shall be entitled to deduct the amount of such excess from any remuneration payable to the employee upon the termination of the employment.
21.5 Public holidays falling within annual leave
Where any public holiday for which the employee is entitled to payment under this award or under his/her contract of employment occurs during any period of annual leave taken by an employee under this clause the period of leave shall be increased by one day in respect of that public holiday.
21.6 Payment of annual leave on termination
An employee must take leave. However, if the employee leaves or is dismissed, the employer must pay the employee one twelfth of four weeks pay at award rates for each full month the employee has worked or since last qualifying for leave. If the employee hasn't qualified for leave yet, the employer must pay the employee a proportionate amount for each full month worked since the employee began working. Proportionate pay does not include leave loading.
21.7 Ordinary Pay and Week defined:
For the purposes of this clause, the following definitions will apply:
21.7.1 Ordinary pay in relation to any employee means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay.
21.7.2 Week in relation to any worker means the employee's ordinary working week.
21.8 Continuous service
For the purposes of this clause service shall be deemed to be continuous notwithstanding:
21.8.1 any annual leave or long service leave taken therein;
21.8.2 any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;
21.8.3 any absence from work of not more than fourteen days in the year of employment on account of sickness or accident;
21.8.4 any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the employer;
21.8.5 any absence on any other account not involving termination of employment.
21.8.6 And in calculating a year of employment any absence of a kind mentioned in 21.8.1 21.8.2 or 21.8.3 hereof shall be counted as part of the year of employment but in respect of absences of a kind mentioned in 21.8.4 and 21.8.5 hereof it will be necessary for the employee as part of this qualification for annual leave to serve such additional period as equals the period of such absences.
22. PERSONAL LEAVE
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
22.1 Amount of paid personal/carer's leave
An employee is entitled to the following amount of paid personal/carers leave;
· Up to 18 days in the first year of service;
· Up to 20 days in the second, third and fourth year of service;
· Up to 27 days in the following years of service.
22.2 Immediate family or household
The entitlement to use bereavement leave/compassionate leave and carer's leave in accordance with this clause is subject to:
22.2.1 the person being either:
22.2.1(a) a member of the employee's immediate family; or
22.2.1(b) a member of the employee's household.
22.2.2 The term immediate family includes:
22.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
22.2.2(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.
22.3 Personal sick leave
22.3.1 An employee is entitled to the following amount of paid leave for absence due to personal illness or injury.
· up to 12 days in the first year of service accruing at the rate of 1 day per month;
· up to 14 days in the second, third and fourth years of service;
· up to 21 days in the following years of service.
22.3.2 Leave taken by an employee under 22.3.1 is deducted from the amount of personal/carer's leave under 22.1.
22.3.3 An employee is entitled to use accumulated sick leave for personal sickness if the employee has already used:
· the current year's sick leave component of the personal/carer's leave entitlements as personal sick leave; or
· the current year's aggregated personal /carer's leave entitlement.
22.3.4 Sick leave entitlements which have not been taken at the completion of the year shall accumulate on the following scale:
22.3.4(a) The balance of personal/carer's leave provided that such remaining leave does not exceed the quantum of sick leave specified below less any personal sick leave or carer's leave taken by the employee during the year:
· up to 12 days in the first year of service accruing at the rate of 1 day per month;
· up to 14 days in the second, third fourth years of service;
· up to 21 days in the following years of service.
22.3.5 Before taking sick leave, an employee must give at least two hours' notice before his/her next rostered starting time, unless he/she has a good reason for not doing so.
22.3.5(a) The notice must include:
· the nature of the illness or injury (if known); and
· how long the employee expects to be away from work.
22.3.5(b) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
22.3.6 The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness.
22.3.7 Provided that an employee may be absent through sickness for one day without furnishing evidence of such sickness as provided in 23.3.6 hereof on not more than three occasions in any one year of service.
22.3.8 Provided that absences of sick leave either side of a public holiday without a medical certificate or statutory declaration or evidence satisfactory to the employer, shall not be paid. Provided that such certification, declaration, or evidence must be furnished by the employee within seven days of returning to work.
22.4 Bereavement/compassionate leave
22.4.1 An employee is entitled to 3 days paid leave on each occasion (maximum of 6 days annually) if a member of the employee's immediate family, or household in Australia dies/ is seriously ill.
22.4.2 Each day or part of a day under 22.4.1 is deducted from the amount of personal/carer's leave under 22.1.
22.4.3 An employee is entitled to use accumulated sick leave as paid bereavement leave/compassionate leave up to 3 ordinary days work on each occasion (maximum of 6 days annually) when a member of the employee's family, or household in Australia dies/ is seriously ill and the employee has already used the current year's personal/carer's leave entitlement under 22.1.
22.4.4 An employee is entitled to use unpaid leave up to 3 ordinary days work on each occasion (maximum of 6 days annually) when a member of the employee's immediate family, or household in Australia dies/is seriously ill if the employee has already used the current year's personal/carer's leave entitlement under 22.1 and no accumulated sick leave is available.
22.4.5 Proof of death must be provided to the satisfaction of the employer, if requested.
22.5 Carer's leave
22.5.1 An employee with responsibilities in relation to either members of their immediate family or household who need their care and support is entitled to use up to 5 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.
22.5.2 The entitlement to use personal/carer's leave is subject to the employee being responsible for the care of the person concerned.
22.5.3 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.
22.5.4 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.
22.5.5 The employee must, where practical, 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 practical 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.
22.5.6 Each day or part of a day of carer's leave taken in accordance with 22.5.1 is to be deducted from the amount of personal/carer's leave provided in 22.1 of this clause up to a maximum of 5 days per annum.
22.5.7 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 5 days carer's leave in the current year.
22.5.8 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 the family or household member who is ill.
22.6 Definition of day
For the purposes of this clause, unless otherwise defined in a particular subclause day means 7.6 hours for a full-time worker employed under the provisions of Part B of this award, and 24 hours for a worker employed under provisions of Part C of this award. For part-time workers, the provisions of this clause will be applied pro rata.
23. JURY SERVICE
23.1 An employee required to attend for Jury Service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such Jury Service and the amount of wage pursuant to clause 15 - Classification Structure and clause 16 - Minimum rates of pay, that the employee would have received in respect of ordinary time he or she would have worked had he or she not been on Jury Service.
23.2 An employee shall notify his or her employer as soon as possible of the date upon which he or she is required to attend for Jury Service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such Jury Service.
24. LONG SERVICE LEAVE
24.1 Entitlement
24.1.1 An employee shall be entitled to long service leave with pay, in respect of continuous service with one and the same employer in accordance with the provisions of this clause.
24.1.2 An employee shall have the following entitlement to long service leave:
24.1.2(a) on the completion by the employee of fifteen years continuous service - twenty six weeks long service leave and thereafter an additional 8 and 2/3rd weeks long service leave on the completion of each additional five years service;
24.1.2(b) In addition, in the case of an employee who has completed more than fifteen years service and whose employment is terminated otherwise than by the death of the employee, an amount of long service leave equal to 1/30th of the period of their service since the last accrual of entitlement to long service leave under 24.1.2(a);
24.1.2(c) In the case of an employee who has completed at least ten years service, but less than fifteen years service and whose employment is terminated for any cause other than serious and wilful misconduct, such amount of long service leave as equals 1/30th the period of service.
24.2 Service entitling to leave
24.2.1 Subject to this subclause service shall also include all periods during which an employee was serving in Her Majesty's Forces or was made available by the employer for national Duty.
24.2.2 For the purposes of this clause service shall be deemed to be continuous notwithstanding:
24.2.2(a) the taking of any annual leave or long service leave;
24.2.2(b) any absence from work of not more than fourteen days in any one year on account of illness or injury or if applicable such longer period as provided in clause 22 - Personal leave;
24.2.2(c) any interruption or ending of the employment by the employer if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
24.2.2(d) any absence on account of injury arising out of or in the course of the employment of the employee for a period during which payment is made under clause 28 - Accident pay.
24.2.2(e) any leave of absence of the employee where the absence is authorised in advance in writing by the employer to be counted as service;
24.2.2(f) any interruption arising directly or indirectly from an industrial dispute;
24.2.2(g) the dismissal of an employee, but only if the employee is re-employed within a period not exceeding two months after the dismissal;
24.2.2(h) any absence from work of an employee from work for a period not exceeding twelve months in respect of any pregnancy or adoption.
24.2.2(i) any other absence of an employee by leave of the employer, or on account of injury arising out of or in the course of his/her employment not covered by 24.2.2(d) of this subclause.
24.2.3 In calculating the period of continuous service of any employee, any interruption or absence of a kind mentioned in 24.2.2(a) to 24.2.2(e) shall be counted as part of the period of their service, but any interruption or absence of a kind mentioned in 24.2.2(f) to 24.2.2(i) shall not be counted as part of the period of service unless it is so authorised in writing by the employer.
24.2.4 The employer shall keep or cause to be kept a long service record for each employee, containing particulars of service, leave taken and payments made.
24.3 Payment in lieu of long service leave on the death of an employee
Where an employee who has completed at least ten years service dies while still in the employment of the employer, the employer shall pay to such employee's personal representative a sum equal to the pay of such employee for 1/30th of the period of the employee's continuous service in respect of which leave has not been allowed or payment made immediately prior to the death of the employee.
24.4 Payment for period of leave
24.4.1 Payment to an employee in respect of long service leave shall be made in one of the following ways:
24.4.1(a) in full in advance when the employee commences his/her leave; or
24.4.1(b) at the same time as payment would have been made if the employee had remained on duty; in which case payment shall, if the employee in writing so requires, be made by cheque posted to a specified address; or
24.4.1(c) in any other way agreed between the employer and the employee.
24.4.2 Where the employment of an employee is for any reason terminated before the employee takes any long service leave to which he/she is entitled or where any long service leave accrues to an employee pursuant to 24.1.3(b) hereof the employee shall subject to the provisions of 24.4.3 be entitled to pay in respect of such leave as at the date of termination of employment.
24.4.3 Where any long service leave accrues to an employee pursuant 24.1.2(c) hereof the employee shall be entitled to pay in respect of such leave as at the date of termination of employment.
24.4.4 Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the employee, the employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave.
24.5 Taking of leave
24.5.1 When an employee becomes entitled to long service leave such leave shall be granted by the employer within twenty six weeks from the date of the entitlement but the taking of such leave may be postponed to such a date as is mutually agreed.
24.5.2 Any long service leave shall be inclusive of any public holiday or accrued day off occurring during the period when leave is taken.
24.5.3 If the employer and an employee so agree:
24.5.3(a) the first twenty six weeks long service leave to which an employee becomes entitled under this award may be taken in two or three separate periods; and
24.5.3(b) any subsequent period of long service leave to which the employee becomes entitled may be taken in two separate periods, but save as aforesaid long service leave shall be taken in one period.
24.6 Leave allowed before due date
24.6.1 An employer may by agreement with an employee grant long service leave to the employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the employee has completed ten years service.
24.6.2 Where an employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the employee in respect of the leave in advance.
24.7 Definitions
24.7.1 For the purposes of this clause the following definitions apply:
Pay means remuneration for an employee's normal weekly hours of work calculated at the employee's ordinary time rate of pay provided in clause 16 - Minimum rates of pay hereof at the time the leave is taken or (if the employee dies before the completion of leave so taken) as at the time of his/her death; and shall include the amount of any increase to the employee's ordinary time rate of pay which occurred during the period of leave as from the date such increase operates provided that where accommodation is made available to an employee during their period of leave and where a deduction is made for the rental, such amount shall be deducted from the pay for the period of leave.
25. PARENTAL LEAVE
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.
25.1 Definitions
25.1.1 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 lived continuously with the employee for a period of six months or more.
25.1.2 Subject to 25.1.3, in this clause spouse includes a de facto or former spouse.
25.1.3 In relation to 25.5 below, spouse includes a de facto spouse but does not include a former de facto spouse.
25.2 Basic entitlement
25.2.1 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.
25.2.2 Subject to 25.6 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:
25.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;
25.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of the placement of the child.
25.3 Maternity leave
25.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
25.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;
25.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least 4 weeks.
25.3.2 When the employee gives notice under 25.3.1(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.
25.3.3 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.
25.3.4 Subject to 25.2.1, and unless otherwise agreed between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.
25.3.5 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.
25.3.6 Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
25.3.7 Where leave is granted under 25.3.4, 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.
25.4 Paternity leave
25.4.1 An employee will provide the employer at least ten weeks prior to each proposed period of paternity leave with:
25.4.1(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
25.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
25.4.1(c) a statutory declaration stating:
25.4.1(c)(i) he will take that period of paternity leave to become the primary care giver of the child;
25.4.1(c)(ii) particulars of any period of maternity leave sought or to be taken by his spouse; and
25.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
25.4.2 The employee will not be in breach of 25.4.1, 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. The employee shall immediately notify the employer of any change in the information provided to the employer pursuant to 25.4.1.
25.5 Adoption leave
25.5.1 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 the child takes place earlier.
25.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
25.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
25.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and
25.5.2(c) that for the period of the adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
25.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
25.5.4 Where the placement of the 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.
25.5.5 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 placement of the child, the death of a spouse, or other compelling circumstances.
25.5.6 An employee seeking to adopt a child is entitled to take 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 paid leave instead.
25.6 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.
25.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.
25.8 Transfer to a safe job
25.8.1 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.
25.8.2 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.
25.9 Returning to work after a period of parental leave
25.9.1 An employee will notify the employer of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
25.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of any employee transferred to a safe job pursuant to 25.8.1, the employee will be entitled to return to the position they held immediately before such transfer.
25.9.3 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.
25.10 Replacement employees
25.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
25.10.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced.
25.11 Part-time work
25.11.1 Definitions
25.11.1(a) Former position means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this subclause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.
25.11.1(b) Continuous service means service under an unbroken contract of employment and includes:
25.11.1(b)(i) any period of leave taken in accordance with this clause;
25.11.1(b)(ii) any period of part-time employment worked in accordance with this clause; or
25.11.1(b)(iii) any period of leave or absence authorised by the employer or by the award.
25.11.2 Entitlement
With the agreement of the employer:
25.11.2(a) A male employee may work part-time in one or more periods at any time from the date of birth of the child until it's second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.
25.11.2(b) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy necessary or desirable.
25.11.2(c) A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until it's second birthday.
25.11.2(d) In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.
25.11.3 Return to former position
25.11.3(a) An employee who has had at least twelve months continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position.
25.11.3(b) Nothing in 25.11.3(a) hereof shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.
25.11.4 Effect of part-time employment on continuous service
Commencement on part-time work under this clause, and return from part-time work to full-time work under this clause, shall not break the continuity of service or employment.
25.11.5 Pro rata entitlements
Subject to the provisions of this subclause and the matters agreed to in accordance with 25.11.8 hereof, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.
25.11.6 Transitional arrangements - annual leave
25.11.6(a) An employee working part-time under this subclause shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this subclause.
25.11.6(b) A full-time employee shall be paid for and take any annual leave accrued in respect of a period of part-time employment under this subclause, in such periods and manner as specified in this award, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.
25.11.6(b)(i) Provided that, by agreement between the employer and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate.
25.11.7 Transitional arrangements - sick leave
An employee working part-time under this subclause shall have sick leave entitlements which have accrued under this award (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited from the ordinary hours that the employee would have worked during the period of absence.
25.11.8 Part-time work agreement
25.11.8(a) Before commencing a period of part-time employment under this subclause the employee and the employer shall agree:
25.11.8(a)(i) that the employee may work part-time;
25.11.8(a)(ii) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;
25.11.8(a)(iii) upon the classification applying to the work to be performed; and
25.11.8(a)(iv) upon the period of part-time employment.
25.11.8(b) The terms of this agreement may be varied by consent.
25.11.8(c) The terms of this agreement or any variation to it shall be reduced to writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.
25.11.8(d) The terms of this agreement shall apply to the part-time employment.
25.11.9 Termination of employment
25.11.9(a) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this award but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.
25.11.9(b) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.
25.11.9(c) Where an employee has given or has been given notice he or she shall continue in his or her employment until the date of expiration of such notice and where an employee who has given or has been given notice as aforesaid refuses to work or is absent from work without just cause or excuse the employee shall be deemed to have abandoned his or her employment and shall not be entitled to payment for work done within the period of notice.
25.11.10 Extension of hours of work
An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with 25.11.5.
25.11.11 Nature of part-time work
The work to be performed part-time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this award.
25.11.12 Inconsistent award provisions
An employee may work part-time under this clause notwithstanding any other provision of this award which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions:
25.11.12(a) limiting the number of employees who may work part-time;
25.11.12(b) establishing quotas as to the ratio of part-time to full-time employees;
25.11.12(c) prescribing a minimum or maximum number of hours a part-time employee may work; or
25.11.12(d) requiring consultation with, consent of or monitoring by a Union;
and such provisions do not apply to part-time work under this clause.
25.11.13 Replacement employees
25.11.13(a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause.
25.11.13(b) A replacement employee may be employed part-time. Subject to this subclause, 25.11.5, 25.11.6, 25.11.7, 25.11.8, 25.11.9 and 25.11.12 apply to the part-time employment of replacement employees.
25.11.13(c) Before an employer engages a replacement employee under this subclause, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.
25.11.13(d) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of 25.11.1(b) hereof.
25.11.13(e) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.
26. PUBLIC HOLIDAYS
26.1 An employee shall be entitled to holidays without loss of pay on the following days:
26.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
26.1.2 The following days, as prescribed in the State of Victoria, Australia Day, Anzac Day, Queen's Birthday, Eight Hours Day or Labour Day; and
26.1.3 Melbourne Cup day or in lieu of Melbourne Cup Day, some other day as determined in a particular locality; and
26.1.4 Such other days as are declared and prescribed as Public Holidays in the State of Victoria.
26.2 Holidays in lieu
26.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
26.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
26.2.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
26.3 Substitution of public holidays by agreement at the enterprise
26.3.1 An employer and their employees may agree to substitute another day for any prescribed in this clause. For this purpose the consent of the majority of affected employees shall constitute agreement.
26.3.2 An agreement shall be recorded in writing and be available to every affected employee.
26.4 Payment for time worked on a public holiday
26.4.1 If an employee works on a public holiday he or she shall be paid double time and a half for the time worked.
26.4.2 Provided that employees rostered to work on public holidays and who fail to attend when rostered to do so shall not be entitled to holiday pay for the said holiday.
26.5 An employee who is not ordinarily required to work on the day of the week on which a public holiday is observed shall not be entitled to any benefit for such a public holiday, unless they are required to work on a public holiday.
26.6 Where an employee's accrued day off falls on a public holiday prescribed by this award another day as mutually agreed shall be taken in lieu thereof, such day to be within the same four week work cycle where practical.
SECTION VII - TRANSFERS TRAVELLING AND WORKING AWAY FROM
USUAL PLACE OF WORK
27. TRAVELLING TRANSPORT AND FARES
27.1 When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer.
27.2 Provided further that the employee shall not be entitled to reimbursement for those expenses which exceed the mode of transport, meals or the standard of accommodation agreed for the purpose with the employer.
27.3 Where an employer requires an employee to use their own motor vehicle in the performance of duties such an employee shall be paid the following allowances:
Engine capacity of motor vehicle |
Rate of allowance cents per kilometre |
More than 3000 cubic centimetres (3 litres) |
58.3 |
More than 2000 cubic centimetres (2 litres) but not |
|
more than 3000 cubic centimetres (3 litres) |
56.2 |
More than 1600 cubic centimetres (1.6 litres) but not |
|
more than 2000 cubic centimetres (2 litres) |
54.5 |
1600 cubic centimetres (1.6 litres) or less |
48.0 |
Motor cycles 250 cc and over |
28.1 |
Motor cycles under 250cc |
21.1 |
Bicycles |
7.1 |
SECTION VII - ACCIDENT PAY
28. ACCIDENT PAY
28.1 An employer shall pay and an employee shall be entitled to receive accident pay in accordance with this clause.
28.1.1 Definitions
For the purposes of this clause, the following definitions shall apply:
28.1.1(a) Act means the Workers Compensation Act (Victoria) 1958 as amended from time to time, or in respect of an injury occurring on or after 4.00 p.m. on 1 September 1985, the Accident Compensation Act (Victoria) 1985 as amended from time to time.
28.1.1(b) Injury means any physical or mental injury within the meaning of the Act, and no injury shall give rise to an entitlement to accident pay under this clause unless an entitlement exists under the Act.
28.1.1(c) Accident pay means:
28.2 Total incapacity
28.2.1 Where an employee is or is determined to be totally incapacitated within the meaning of the Act, the term accident pay means a weekly payment of an amount representing the difference between:
28.2.1(a) the total amount of compensation, including allowances, paid to the employee during the period of incapacity under the Act for the week; and
28.2.1(b) the total weekly award rate, as varied from time to time, and any over award payment being paid to the employee at the date of the injury and which would have been payable for the employee's classification for the week in question if they had been performing their normal duties; provided that:
· in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any ancillary payment payable by the employer shall not be taken into account.
28.3 Partial incapacity
28.3.1 Where an employee is partially incapacitated within the meaning of the Act, the term accident pay means a weekly payment of amount representing the difference between:
28.3.1(a) the total amount of compensation paid to the employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning;
28.3.1(b) the total weekly award rate, as varied from time to time, and any weekly over award payment being paid to the employee at the date of the injury and which would have been payable for the employee's classification for the week in question if they had been performing their normal duties; provided that:
· in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the employer shall not be taken into account.
28.4 Payment for part of a week
Where an employee is incapacitated, either totally or partially, for part of a week, such an employee shall receive pro rata accident pay for that part of the week.
28.5 Qualifications for payment
Subject to the terms of this clause, an employee covered by this award shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that:
28.5.1 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to 28.6.3 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks.
28.5.2 Accident pay shall only be payable to an employee whilst that employee remains in the employment of the employer by whom they were employed at the time of the incapacity and then only for such period as they received a weekly payment under the Act. Provided that if an employee who is partially incapacitated cannot obtain suitable employment from their employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.
28.5.2(a) Provided further that in the case of the termination by an employer of an employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the employee.
28.5.2(b) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
28.5.3 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
28.5.4 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
28.5.5 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit their entitlement to accident pay under this award.
28.6 Maximum period of payment
The maximum period or aggregate period of accident pay to be made by the employer shall be a total of 39 weeks for any one injury as defined in 28.1.
28.7 Absences on other than paid leave
An employee shall not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave or for any paid public holiday in accordance with the appropriate award provisions.
28.8 Notice of injury
Following an injury for which they claim to be entitled to receive accident pay, an employee shall give notice in writing of the injury to their employer as soon as reasonably practicable after the occurrence thereof, provided that such notice may be given by a representative of the employee.
28.9 Medical examination
28.9.1 In order to receive an entitlement to accident pay an employee shall meet the requirements of the Act for attending medical examinations.
28.9.2 Where, in accordance with the Act, a medical referee gives a certificate as to the condition of the employee and their fitness for work or specifies work for which the employee is fit and such work is made available by the employer, and is refused by the employee or the employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.
28.10 Cessation or redemption of weekly payments
Where there is a cessation or redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such cessation or redemption.
28.11 Civil damages
28.11.1 An employee receiving or who has received accident pay shall advise their employer of any action they may institute or any claim they make for damages. Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgement or settlement on that injury.
28.11.2 Where an employee obtains a judgement or settlement for damages in respect of an injury for which they have received accident pay the employers liability to pay accident pay shall cease from the date of such judgement or settlement, provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.
28.11.3 Where an employee obtains a judgement or settlement for damages against a person other than the employer in respect of an injury for which he or she has received accident pay, the employers liability to pay accident pay shall cease from the date of such judgement or settlement, provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.
28.12 Insurance against liability
Nothing in this award shall require an employer to insure against liability for accident pay.
28.13 Variations in compensation rates
Any changes in compensation rates under this Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.
28.14 Death of an employee
All rights to accident pay shall cease on the death of an employee.
28.15 Commencement
This clause shall only apply in respect of incapacity arising from any injury occurring or recurring on or after 3 March 1975.
SECTION IX - AWARD COMPLIANCE
29. POSTING OF AWARD
A copy of this award shall be available for perusal by employees.
PART B - PROVISIONS RELATED TO RESIDENTIAL AND SUPPORT SERVICES WORKERS OTHER THAN THOSE EMPLOYED UNDER THE HALF DAY MODEL PROVISONS OF PART C
SECTION I - EMPLOYMENT RELATIONSHIP AND HOURS OF WORK AND
BREAKS
1. TYPES OF EMPLOYMENT AND HOURS WORKED
At the time of engagement, an employer shall inform each employee of the terms of their engagement, and in particular, whether they are to be full-time, part-time or casual.
1.1 Full-time employment
The hours for an ordinary week's work shall be 38, or be an average of 38 per week in a fortnight, or in a four week period, or by mutual agreement, in a five week period in the case of an employee working ten hour shifts and shall be worked either:
1.1.1 in five days in shifts of not more than eight hours each;
1.1.2 in a fortnight of 76 hours in 10 shifts of not more than eight hours each;
1.1.3 by mutual agreement, in 152 hours per four week period to be worked as nineteen shifts each of eight hours;
1.1.4 or any other arrangement provided that no more than 12 hours may be worked in any one shift and no more than 48 hours may be worked in any one week.
1.2 Part-time employment
An employer may employ part-time employees in any classification in this award.
1.2.1 A part-time employee is a person who works less than full-time hours as per subclause 1.1 and receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same work.
1.2.2 Part-time employees shall be paid per hour an amount equal to 1/38th of the weekly wage appropriate to the employee's classification.
1.3 Casual employment
1.3.1 A casual employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by an employer in accordance with the employer's requirements, without the requirement of prior notice by either party.
1.3.2 A casual employee shall be paid per hour worked an amount equal to 1/38th of weekly rate appropriate to the employee's classification plus 25%, except that:
1.3.2(a) a casual employee shall be paid for each hour worked from midnight Friday to midnight Sunday an amount equal to 1.75 times 1/38th of the weekly rate applicable to the employee's classification;
1.3.2(b) a casual employee shall be paid for each hour worked on a public holiday 2.75 times 1/38th of the weekly rate appropriate to the employee's classification.
1.3.3 The provisions of Part A clauses 14 - Termination of employment, 21 - Annual Leave, 22 - Personal Leave, 24 - Long Service Leave and 25 - Parental Leave shall not apply in the case of a casual employee.
1.4 For the purposes of this clause the working week shall commence at midnight on a Sunday.
2. MEAL INTERVALS
2.1 An employee will not be required to work for more than 5 hours continuously without a meal break of at least 30 minutes. This meal break will be unpaid except as provided for in subclause 2.2.
2.2 Where an employee is required to remain available for work during the meal interval, the meal interval will be counted as time worked.
3. OVERTIME
The provisions of this clause do not apply to casual employees.
3.1 Where an employee is required to work in excess of 38 hours per week, or in excess of an average of 38 hours per week as per subclause 1.1, the employee shall be paid for those extra hours at the rate of ordinary time plus 50% or at the discretion of the employer may be granted time off in lieu of overtime for a period of time equivalent to the time worked and a period of time equivalent to the overtime penalty incurred at a time mutually agreed between the employer and employee. Generally the time off should be granted within 28 days of working the overtime.
3.2 An employee who works so much overtime between the termination of their last previous rostered ordinary hours of duty and the commencement of their next succeeding rostered period of duty that they would not have at least ten consecutive hours off duty between those times, shall be released after completion of such overtime worked until they have had ten consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.
3.3 If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at the rate of double time until they are released from duty for such rest period and the employee shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence. The provisions of clause 3 shall not apply to a sleepover, which shall be governed by the provisions of Part B clause 6 - Sleepover.
3.4 Provided that any employee required to work more than six consecutive periods of ordinary duty without 24 hours off duty shall be paid for the seventh and any further consecutive period of ordinary duty worked at the rate of treble time until he or she has been given 24 hours off duty. For the purpose of this clause a period of work which includes a sleepover as described in Part B clause 6 - Sleepover shall be deemed to be one consecutive period of duty.
4. SATURDAY AND SUNDAY WORK
4.1 All rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday shall be paid for at the appropriate ordinary time rate plus 50%.
4.2 All rostered time of ordinary duty performed between midnight Saturday and midnight Sunday shall be paid as the appropriate ordinary time rate plus 100%.
5. SHIFT WORK ALLOWANCE
In addition to any other rates prescribed in this award an employee whose rostered hours of ordinary duty finish between 6.00p.m. and 8.00a.m. or commence between 6.00p.m. and 6.30a.m. shall be paid an allowance at the rate of 10% of the ordinary hourly rate applicable to the employee's classification as specified in Part A clause 16 - Minimum rates of pay for each hour worked during such rostered period of duty.
6. SLEEPOVER
6.1 Where the employer requires an employee to sleepover on the employer's premises for a period outside that of the employee's normal rostered hours of duty, the following arrangements shall apply:
6.1.1 An employee shall be entitled to an amount of $26.10 per sleepover period.
6.1.2 This payment shall be deemed to provide compensation for the sleepover and also includes compensation for all work necessarily undertaken by an employee up to a total of one hour's duration.
6.1.3 Any work necessarily performed during a sleepover period by the employee in excess of a total of one hour's duration shall be paid for at the rate of time and one half. The payments referred to above shall not extend beyond the period of sleepover.
6.1.4 Any time worked under 6.1.2 or 6.1.3 shall not be taken into account for the purposes of clause 1 - Types of employment and hours of work, or 3.2 or 3.3 of this Part.
6.1.5 No sleepover period shall commence prior to 10.00p.m.
6.2 Where an employee is required to sleepover during the course of his/her employment, the employer shall, free of cost to the employee:
6.2.1 Ensure the provision of healthy accommodation at no cost to the employee. Wherever possible single bedrooms will be provided. Separate beds shall be provided for each employee and in no case shall more than two employees be required to occupy the same bedroom.
6.2.2 Provide at some reasonably convenient place a bathroom or shower room.
6.2.3 Provide linen, cutlery, crockery and blankets for the use of the employee on the premises.
PART C - PROVISIONS RELATED TO RESIDENTIAL AND SUPPORT SERVICES WORKERS EMPLOYED UNDER THE HALF DAY MODEL
This section shall only apply to workplaces providing residential care for 9 or less residents excluding the children of employees.
SECTION I - EMPLOYMENT RELATIONSHIP AND HOURS OF WORK AND
BREAKS
1. TYPES OF EMPLOYMENT AND HOURS WORKED
1.1 At the time of engagement, an employer shall inform each employee of the terms of their engagement, and in particular, whether they are to be full-time, part-time or casual.
1.1.1 Each employee shall be paid for a minimum half day engagement. A half day is any consecutive period of 12 hours.
1.2 Full-time employment
1.2.1 A full-time employee is one who is employed to work a total of 38 half days in a four week period, provided that the number of days worked from week to week, may be varied by mutual agreement.
1.2.2 A full-time employee shall be paid a weekly wage according to the employee's classification as set out in clause 15 - Classification structure and clause 16 - Minimum rates of pay.
1.3 Part-time employment
1.3.1 A part-time employee under this section is a person who works less than 38 half days in any four week period, and receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same work.
1.3.2 Part-time employees shall be paid for each half day (12 hours) worked or part thereof, a half day rate based on the wage scale appropriate to the employee's classification as set out in clause 15 - Classification structure and clause 16 - Minimum rates of pay. The half day rate is equal to the weekly rate multiplied by 4/38.
1.3.3 Subject to the foregoing provisions of this clause, all the provisions of Parts A and C of this award shall apply to part-time employees.
1.4 Casual employment
1.4.1 A casual employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by an employer in accordance with the employer's requirements, without the requirement of prior notice by either party.
1.4.2 A casual employee shall be paid for each half day (12 hour) engagement, or part thereof, an amount equal to the half day rate appropriate to the employee's classification as set out in clause 15 - Classification structure and clause 16 - Minimum rates of pay plus 25%, i.e. the half day rate for a casual worker equals the weekly rate multiplied by 4/38, plus 25%.
1.4.3 The provisions of Part A clauses 14 - Termination of employment, 21 - Annual leave, 22 - Personal leave, 24 - Long service leave and 25 - Parental leave shall not apply in the case of a casual employee.
2. ROSTERED TIME OFF
Each person who is engaged to work for 2 continuous half day periods shall be rostered off duty for a period of three hours each working day between the times of 9.00a.m. and 3.00p.m. or at any other hours which may be mutually agreed between the employer and employee. Provided that such breaks of three hours may be accumulated up to a maximum of twelve hours to be taken on one day.
3. OVERTIME
3.1 Where an employee is rostered to work more than 38 half days in a 4 week period they shall be paid time and one half for each shift between the 39th and 56th shift.
3.2 For the purposes of this clause, each 4 week period shall stand alone.
3.3 An employee may not work more than 8 weeks without at least 48 hours free of duty.
3.4 Where an employee works more than 8 weeks without the duty-free period prescribed in 3.3, the provision in 3.2 that each 4 week period shall stand alone will cease to apply and all time worked without break beyond 8 weeks shall be paid at double time until the employee has taken a 48 hour break.
BY THE COMMISSION
SENIOR DEPUTY PRESIDENT
APPENDIX A - SAVINGS PROVISION
Where an employee, as at the date of this award, was employed within the incidence of the Health and Allied Services (Private Sector) Victoria Award 1996 by a respondent to that award and was in receipt of award wages and conditions that are greater overall than those prescribed in this award shall continue to be entitled to such greater overall wages and conditions.
Such entitlement shall continue until, either the wages and conditions prescribed in this award are greater than or equal to such entitlements, or, for a period of 12 months, whichever occurs first. Any grievances arising out of its operation shall be determined in accordance with clause 10 - Grievance Procedure and/or through negotiations for certified agreements.
APPENDIX B - LEAVE RESERVED MATTERS
Leave is reserved to the Union to apply to increase the sleepover allowance in clause 6 - Sleepover of Part B in accordance with the Commission's wage fixing principles.
APPENDIX C - SCHEDULE OF RESPONDENTS
Araluen Centre, 226 Old Eltham Rd, Lower Plenty, Vic. 3093
Alkira Centre 68 Churchill Street Mont Albert 3127
Alkira Centre 3 Thurston Street Box Hill 3128
Association for Autism and Allied Disorders, 11 Terang Rd, Noorat, Vic. 3264
Assoc. Severely Handicapped, 55 Swan St, Blackburn, Vic. 3130
Ballarat Childrens Home, 115 Lydiard St North, Ballarat, Vic. 3350
Ballandella Inc Mansfield Road Benalla 3672
Baptist Social Welfare, 7 Blundell St, Traralgon, Vic. 3844
Bayley Lodge (Helping Hand Assoc.), Fewster Rd, Hampton, Vic. 3188
Bayswater Spastic Society, 662 Mountain Highway, Bayswater, Vic. 3153
Bellandella Inc., Midland Highway, Benalla, Vic. 3672
Berry Street Sutherland Child and Family Services, Yan Yean Rd, Diamond Creek, Vic. 3089
Burwood Childrens Home, 583 Ferntree Gully Rd, Glen Waverley, Vic. 3150
C.H.R.R.A., 4th Floor, Lydiard House, Ballarat, Vic. 3350
Canterbury Family Centre, 19 Canterbury Rd, Canterbury, Vic. 3126
Central Highlands Region Residential Association Level 4/17 Lydiard Street Ballarat 3350
Child Adolescent & Family Services (Dax House), 175 Myers St, Geelong, Vic. 3220
CHRRA Community Resi Program, P.O.Box 125, Ballarat, Vic. 3350
Community Living Access and Support Services, 2/91-111 Brice Ave, Mooroolbark, Vic. 3138
Cooinda Day Training Centre 35 Dow Street Terang 3264
Cooinda Day Training Centre 25 Queen Street Nhill 3418
Dame Herring Junior Accom. Centre, 2 Huntingtower Rd, Armadale, Vic. 3143
Deaf/Blind Care Association, 600 Nicholson St, North Fitzroy, Vic. 3068
Dromana Community Residential Unit, 2 Cosmos St, Dromana, Vic. 3936
E W Tipping Home, 107 Church St, Drouin, Vic. 3818
Ellimatta Disabled Home, 68 Splatt St, Swan Hill, Vic. 3585
Eulinga, 2 Eulinga Drive, Mildura, Vic. 3500
Forest Rd - Nowayung Forest Road Orbost 3888
Glen Waverley Spastic Society, 669 Waverley Rd, Glen Waverley, Vic. 3150
Glenelg Community Residential Services 78 Henna Street Warrnambool 3280
Golden City Residential Unit, 45 Race St, Bendigo, Vic. 3550
Golden City Residential Unit, P.O.Box 297, Bendigo, Vic. 3550
Gordon Home for Boys & Girls, 1125 Nepean Highway, Highett, Vic. 3190
Goulburn Regional Residential Association 4 Duncan Court Shepparton 3630
Goulburn Valley Family Care, 16 Edward St, Shepparton, Vic. 3630
Helen Schutt House Association 31 Wanda Street Mulgrave 3170
Helping Hand Association, 6 Bellevue St, Coburg, Vic. 3058
Irabina - VACCA Eastern Centre 193 Bayswater Road Bayswater 3153
Kankama ATC Racecourse Road Mornington 3931
Karkana Day Centre Inc Graham's Bridge Road Horsham 3400
Karinga View Childrens Home, 1 Riverview Terrace, Belmont, Vic. 3216
Karingal, Cnr Mckillop & Mcintyre Sts, East Geelong, Vic. 3219
Killara Centre 2 Park Lane Wangaratta 3677
Kindilan Society, Red Hill Rd, Red Hill, Vic. 3937
Kirinari Residential Accom., 163 Lawrence St, Wodonga, Vic. 3690
Knoxbrooke Inc., 977 Burwood Highway, Ferntree Gully, Vic. 3156
Kyeema Centre Lalor Street Portland 3305
Lisa Lodge, 128 Barkly St, Ballarat, Vic. 3350
Mallee Family Care, 343 Beveridge St, Swan Hill, Vic. 3585
Mansfield Autistic Centre, Highett St, Mansfield, Vic. 3722
Marillac House, 3 Milroy St, East Brighton, Vic. 3187
Marlayna House, 1/3 Vidovic Ave, Mildura, Vic. 3500
Mc Callum House Rycca, Cnr Errard & Sebastopol Sts, Ballarat, Vic. 3350
Melbourne City Mission, 123 Albion St, Brunswick, Vic. 3056
Melbourne City Mission, 131 Canterbury Rd, Middle Park, Vic. 3206
Melbourne City Mission, 472 Nicholson St, (PO Box 1040), North Fitzroy, Vic. 3065
Mentone Family Group Home, 13 Winsome St, Mentone, Vic. 3194
Menzies Home for Children, 408 Nepean Highway, Frankston, Vic. 3199
Mercy Family Care Centre, Helen St, North Geelong, Vic. 3215
Mirridong Adult Training Centre 8 Walpole Court Yarram 3971
Mission of St James & St John, 12 Batman St, West Melbourne, Vic. 3003
Moe House, 24 Saxtons Drive, Moe, Vic. 3825
Monkami Centre, 2-6 Nixon Ave, Croydon, Vic. 3136
Mulleraterong Centre, Alexandra Parade, Hamilton, Vic. 3300
Multiple Sclerosis Society of Victoria, 34 Jackson St, Toorak, Vic. 3142
Murdoch House, P.O.Box 78, St Arnaud, Vic. 3478
Nadavoc Industries, 19 Columbo St, Mitcham, Vic. 3132
Nadrasca Inc 1-19 Columbo Street Mitcham 3132
Nadrasca Inc. 5 Almondsbury Court Blackburn 3130
Nepean Respite Home, 26 Admans Ave, Seaford, Vic. 3198
Noweyung 84 Goold Street Bairnsdale 3875
Oakleigh Centre for Intellectually Disabled, 773 Warrigal Rd, Oakleigh, Vic. 3166
Oakleigh Hostel, 9 Allen St, Oakleigh, Vic. 3166
Orana Family Services, 29 Hudson Court, Coolaroo, Vic. 3048
Oz Child - Children Australia, 4 Kingston Town Close, Oakleigh East, Vic. 3166
Paraplegic-Quadraplegic Assn, 208 Wellington St, Collingwood, Vic. 3066
Redlands, Steavenson Lane, Wandin, Vic. 3139
Respite House, 28 North Western Rd, St Arnaud, Vic. 3478
Royal Victorian Institute for the Blind, 557 St Kilda Rd, Melbourne, Vic. 3004
Seymour Adult Training Centre 17 Railway Street Seymour 3660
South Port Youth Services, 131 Canterbury Rd, Middle Park, Vic. 3020
South West Community Care, P.O.Box 404, Warrnambool, Vic. 3208
Southbridge Adolescent Unit, 10 Hamilton St, Bentleigh, Vic. 3204
Southern Autistic Centre, 37 Blackwood Ave, Mentone, Vic. 3194
Spastic Society of Victoria, 135 Inkerman St, St Kilda, Vic. 3182
Stawell Adult Training Centre 22 Scotland Place (4 locations) Stawell 3380
St Anthony's Family Welfare, 118 Commercial Rd, Footscray, Vic. 3011
St John's Homes for Boys & Girls, 18 Balwyn Rd, Canterbury, Vic. 3126
St Joseph's Children's Homes, 22 Pinoak Cres., Flemington, Vic. 3031
St Luke's Family Care, 32a Forest St, Bendigo, Vic. 3550
St Vincent De Paul Child and Family Service, 546 Balcombe Rd, Black Rock, Vic. 3193
St Vincent's Boys Home, 237 Cecil St, South Melbourne, Vic. 3205
Sunraysia Residential Services Langtree Avenue Mildura 3500
Sunraysia Residential Services 159A Langtree Avenue Mildura 3502
Sunshine House, Karadoc Ave, Mildura, Vic. 3500
Tally-Ho Village, 45-50 Stud Rd, Wantirna, Vic. 3152
Tehan Enterprises (Adult Training Support Services) 228 High Street Echuca 3625
Tipping Home, 15 Tyler St, Sunshine, Vic. 3020
Tipping House, 3 O'Dowds St, Warragul, Vic. 3820
Tipping House Residential, 10 Rutherford St, Swan Hill, Vic. 3585
Tipping House, 54 Mason St, Warragul, Vic. 3820
Tipping House, 120 Powerscourt St, Maffra, Vic. 3860
Urimbirra Centre Inc., 49 Callendar Rd, Noble Park, Vic. 3174
Victorian School for the Deaf Children, 597 St Kilda Rd, Melbourne, Vic. 3004
Wallara Dandenong Ltd, 34 Potter St, Dandenong, Vic. 3175
Warrnambool & District Accommodation, 54 Fairy St, Warrnambool, Vic. 3280
Waverley Family Group Home, 16 Meadow Cres., Mount Waverley, Vic. 3149
Wesley Central Mission, 148 Lonsdale St, Melbourne, Vic. 3030
Western Family Services, 41 Somerville Rd, Yarraville, Vic. 3013
Western Lodge Supported Accommodation Services
Westraid 85 Cowper Street Footscray 3011
Whittlesea & District Helping Hand Association & ATSS 851 High Street Epping 3076
Windarring Adult Training Centre 67 Baynton Kyneton 3044
Wongabeena Association Leon, Rosebud, Vic. 3939
Woodbine Centre, 50 Craig Ave, Warracknabeal, Vic. 3393
Woorinyan Adult Training Support Services, 32 Cranbourne Rd, Frankston, Vic. 3199
Yalunda Day Training Centre 69 Fairy Street Warrnambool 3280
Yaraleen Place (Rapid), 18 Yarraleen Place, Bulleen, Vic. 3105
Yooralla Society of Victoria. 244 Flinders St, Melbourne.3000.
Victorian Aboriginal Child Care Agency Co-Operative Limited, 34 Wurruk Ave, Preston, Victoria 3072
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