aa_model_1_generic___amended_fwa_version

TABLE OF CONTENTS Subject Matter Clause No. PART 1 – PRELIMINARY Title............................................................................................................................................................................ 1.1 Application of Agreement ......................................................................................................................................... 1.2 Date and Period of Operation .................................................................................................................................... 1.3 Parties Bound............................................................................................................................................................. 1.4 Definitions ................................................................................................................................................................. 1.5 Agreement Posting .................................................................................................................................................... 1.6 Extra Claims .............................................................................................................................................................. 1.7 Dispute Resolution .................................................................................................................................................... 1.8 Concerns regarding capacity or performance ............................................................................................................ 1.9 Individual Flexibility Provision ................................................................................................................................1.10 PART 2 – WAGES AND WAGE RELATED MATTERS Payment of Wages ..................................................................................................................................................... 2.1 Wages ........................................................................................................................................................................ 2.2 Band Access .............................................................................................................................................................. 2.3 Allowances ................................................................................................................................................................ 2.4 Salary Sacrifice.......................................................................................................................................................... 2.5 Superannuation .......................................................................................................................................................... 2.6 PART 3 – EMPLOYMENT CATEGORIES AND RELATED ARRANGEMENTS Employment Categories............................................................................................................................................. 3.1 Replacement and Relief Employees .......................................................................................................................... 3.2 Termination of Employment and Resignation of Employment ................................................................................. 3.3 Redundancy Provisions ............................................................................................................................................. 3.4 Consultation............................................................................................................................................................... 3.5 Professional Development ......................................................................................................................................... 3.6 PART 4 – HOURS OF WORK, BREAKS Hours of Work ........................................................................................................................................................... 4.1 Meal Breaks............................................................................................................................................................... 4.2 Pupil Free Days ......................................................................................................................................................... 4.3 Peripheral and Incidental Tasks................................................................................................................................. 4.4 PART 5 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Proportion of salary ................................................................................................................................................... 5.1 Annual Leave Loading .............................................................................................................................................. 5.2 Payment for Vacations............................................................................................................................................... 5.3 Personal/Carer’s Leave.............................................................................................................................................. 5.4 Compassionate Leave ................................................................................................................................................ 5.5 Parental Leave ........................................................................................................................................................... 5.6 Long Service Leave ................................................................................................................................................... 5.7 Public Holidays.......................................................................................................................................................... 5.8 Jury Service ............................................................................................................................................................... 5.9 PART 6 – SIGNATORIES APPENDIX A – Provisions of Fair Work Act 2009 ATTACHMENT B

PART 1 - PRELIMINARY 1.1 Title This Agreement shall be known as the xxx Early Childhood Education Enterprise Agreement 2009.

1.2 Application of the Agreement This Agreement shall apply to the xxx, its employees and the Independent Education Union of Australia - Queensland and Northern Territory Branch.

1.3 Date and Period of Operation 1.3.1 This agreement will operate 7 days from the date of approval by Fair Work Australia and shall remain in force

until 31 December 2010, and thereafter until terminated in accordance with the Act.

1.3.2 Where this agreement provides for a benefit from a date earlier than the commencement date, the employer will provide such benefit backdated to the earlier date.

1.4 Parties Bound Parties bound to this agreement are the management committee of xxx, its employees and the Independent Education Union of Australia - Queensland and Northern Territory Branch. 1.5 Definitions ‘FWA’ means Fair Work Australia.

‘Employer’ means the management committee of the xxx.

‘Director’ means a teacher-in-charge (director) who is a teacher as defined by this Agreement and who is required to organise and conduct the programs and direct staff within the kindergarten/preschool and is in-charge of the kindergarten/preschool. The director may be required to perform such administrative work that is peripheral and incidental to performing these duties.

‘Exempted teacher’ means an employee who does not hold qualifications accepted by the Queensland College of Teachers for registration as a teacher in Queensland, however, that person is in charge of a program in a kindergarten/preschool.

‘Kindergarten/Preschool Assistant’ means an employee who is engaged in assisting in programs at the centre and is under the direction of either a teacher or exempted teacher.

‘Teacher’ means a person who holds a qualification accepted by the Queensland College of Teachers to teach in Queensland, and who is qualified to teach in the early childhood education field. ‘Joint Validation Committee’ means a committee comprising union and employer representatives.

‘Working Year’ and ‘Standard Year’ means the period commencing 1 week prior to term 1 and finishing 12 months later. This shall be the basis for the calculation of all service increments and leave entitlements.

‘Vacation time’ means the periods between school terms, excluding any period of annual leave.

1.6 Agreement Posting A true copy of this Agreement shall be exhibited in a conspicuous and convenient place or made readily accessible via electronic medium.

1.7 Extra Claims With the exception of the clause 2.2.6 there will be no further claims during the period of this Agreement.

1.8 Dispute Resolution 1.8.1 If a dispute relates to:

(a) a matter arising under the agreement; or (b) any matter arising under the Act; or

(c) any other matter directly related to an employee’s employment; this section sets out procedures to settle the dispute.

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

1.8.3 Where an employee wishes an opportunity to be heard regarding problems or misunderstandings, a formal

process should only be followed after informal processes have failed. (a) In the first instance, the matter should be referred to the director for consideration/resolution. (b) If the director is not the appropriate person to discuss the complaint with, or the employee is not satisfied

that the director has adequately considered all the facts of the matter, the employee should refer the matter to the management committee

1.8.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to

the Fair Work Australia.

1.8.5 The Fair Work Australia may deal with the dispute in 2 stages:

(a) The FWA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

(b) if the FWA is unable to resolve the dispute at the first stage, FWA may then arbitrate the dispute; and

make a determination that is binding on the parties.

1.8.6 If FWA arbitrates the dispute, it may also use the powers that are available to it under the Act. 1.8.7 While the parties are trying to resolve the dispute using the procedures in this term:

(a) an employee must continue to perform their work as they normally would unless they have a reasonable

concern about an imminent risk to their health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the

same workplace, or at another workplace, unless:

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

performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction.

1.8.8 The parties to the dispute agree to be bound by a decision made by FWA in accordance with this clause. 1.8.9 The employer will endeavour at all times to resolve grievances as quickly as possible, however it should be

recognised that the length of time this will take will vary depending upon the situation.

1.9 Concerns Regarding Capacity or Performance 1.9.1 Where it is alleged that an employee’s capacity or performance is unsatisfactory, then the following procedure

should be followed. The existence of this procedure shall not prevent an employer from dismissing an employee for gross misconduct.

1.9.2 Initial discussions and direction will be provided on an informal basis by the director or the employer’s

delegate as the case may be. The employee shall be advised that such discussion forms part of this process. 1.9.3 If the problem(s) persists, the director or the employer’s delegate will formally discuss with the employee:

(a) the matter(s) of concern; (b) actions necessary to resolve the concerns; and (c) a timetable for improvement to be evidence.

1.9.4 Input, including an explanation, will be sought from the employee as part of this discussion. 1.9.5 As a result of these discussions, the director or the employer’s delegate will notify the employee in writing

regarding those matters in question and specifically that notice will detail the points identified at paragraphs 1.9.3 (a) (b) and (c) above.

1.9.6 The notice identified above will be signed and confirmed by the employee to record the discussion which has

taken place. If there is disagreement as to the content of the notice the employee shall have the opportunity for their views to be placed on the record.

1.9.7 Monitoring and counselling shall then be provided to the employee by the director or the employee’s delegate. 1.9.8 Where the problem(s) are not rectified through the use of the above process, the employer may terminate the

employee’s employment. 1.10 Individual Flexibility Provision 1.10.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility

arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters:

(i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and

(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and employee. 1.10.2 The employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was

made. 1.10.3 The employer must ensure that the individual flexibility arrangement:

(a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a

parent or guardian of the employee; and (d) includes details of:

(i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or

her employment as a result of the arrangement; and (e) states the day on which the arrangement commences.

1.10.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is

agreed to. 1.10.5 The employer or employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

PART 2 - WAGES AND WAGE RELATED MATTERS 2.1 Payment of Wages 2.1.1 Except where otherwise mutually agreed to between the employer and the employee, payment of wages shall

be made fortnightly. 2.1.2 Payments will be made by direct transfer into the employee’s bank account. 2.2 Wages 2.2.1 Teachers

The following scale of wages shall apply to Teachers: (to calculate an hourly rate, divide by 75).

As at 1/07/2009 As at 22/01/2010 As at 1/07/2010

Normal (per fortnight) 4.5% increase

Casual (per hour)

Normal (perfortnight)

Casual (per hour)

Normal (per

fortnight) 4% increase

Casual (per hour)

Step 1 1735.37 28.4600 1804.78 29.5985

Step 2 1784.62 29.2678 1856.00 30.4385

Step 3 1844.69 30.2529 1918.47 31.4630

Step 4 1908.16 31.2938 1984.49 32.5456

Band 2

Step 1 1961.17 32.1632 2039.62 33.4498 New Step 1 2005.30 32.8869 2085.50 34.2021

As at 1/07/2009 As at 22/01/2010 As at 1/07/2010

Normal (per fortnight) 4.5% increase

Casual (per hour)

Normal (per fortnight)

Casual (per hour)

Normal (per

fortnight) 4% increase

Casual (per hour)

Step 2 2070.26 33.9523 2153.07 35.3104

Step 3 2178.52 35.7278 2265.66 37.1569

Step 4 2287.25 37.5110 2378.74 39.0114

Step 5 2396.34 39.3000 2492.20 40.8720

Band 3

Step 1 2487.20 40.7902 2586.69 42.4218

Step 2 2578.42 42.2861 2681.56 43.9776

Step 3 2704.43 44.3526 2812.61 46.1267

Step 4 2765.45 45.3533 2876.06 47.1675

Relief Relief (Casual)

40.79

42.42

2.2.2 Assistants

The following scale of wages shall apply to Assistants: (to calculate an hourly rate divide by 76). 1-Jul-09 1-Jul-10

Normal (per fortnight) 4.5% increase

Casual (per hour)

Normal (per fortnight)

4% increase

Casual (per hour)

Grade U Year 1 1257.16 20.3461 1307.44 21.1599

Grade U Year 2 1294.18 20.9453 1345.95 21.7831

Grade 1 Year 1 1348.96 21.8318 1402.92 22.7051

Grade 1 Year 2 1385.74 22.4272 1441.17 23.3242

Grade 2 Year 1 1470.73 23.8027 1529.56 24.7548

Grade 2 Year 2 1507.64 24.4000 1567.95 25.3760

Grade 3 Year 1 1585.74 25.6639 1649.17 26.6905

Grade 3 Year 2 1629.03 26.3645 1694.19 27.4191

Relief

Relief (Casual) 22.4272 23.3243 Assistants are defined as follows: a) Grade U: employees who have no formal early childhood education qualification;

b) Grade 1: employees who hold an early childhood education qualification which ordinarily can be

obtained by studying full-time for one year. For example, a Certificate III; c) Grade 2: employees who hold an early childhood education qualification which ordinarily can be

obtained by studying full-time for two years. For example, a Diploma; d) Grade 3: employees who hold an early childhood education qualification which ordinarily can be

obtained by studying full-time for three years. For example, an Advanced Diploma or higher. 2.2.3 For the purposes of this Agreement, qualifications are those obtained through a college of technical and further

education (TAFE), a college of Advanced Education or University, a Registered Training Organisation, or such similar institution that may be relevant to the early childhood education field.

2.2.4 Exempted Teachers The following scale of wages shall apply to Exempted Teachers: (to calculate an hourly rate divide by 76)

( E A A

Exempted Teachers are defined as follows:

a) Grade 1: employees who have no formal early childhood education qualification; b) Grade 2: employees who hold an early childhood education qualification which ordinarily can be

obtained by studying full-time for one year. For example, a Certificate III;

c) Grade 3: employees who hold an early childhood education qualification which ordinarily can be obtained by studying full-time for two years. For example, a Diploma.

1-Jul-09 1-Jul-10

Normal (per fortnight) 4.5% increase

Casual (per hour)

Normal (per fortnight) 4% increase

Casual (per hour)

Grade 1 1470.73 23.8027 1529.56 24.7548

Grade 2 1507.64 24.4000 1567.94 25.3760

Grade 3 1544.44 24.9955 1606.22 25.9953

2.2.5 For the purposes of this Agreement, qualifications are those obtained through a college of technical and further

education (TAFE), a college of Advanced Education or University, a Registered Training Organisation, or such similar institution that may be relevant to the early childhood education field.

2.2.6 Further Wage Claims The parties agree to pursue an independent determination on whether assistants should receive additional wage

increases. To this end, the matter may be referred to the Fair Work Australia for determination or, if prior to this occurring, a similar case in determined by Fair Work Australia, the parties agree to accept that decision.

2.3 Band Access 2.3.1 Teacher (3 year trained)

(a) Teachers admitted to the service with 3 years of teacher training or such other qualifications

recognised by the employer for this purpose may be appointed as a Teacher 3 year trained. (b) A Teacher 3 year trained shall commence on the 1st step of Band 1 and progress by annual increment

to the 5th step of Band 2. (c) A teacher 3 year trained shall progress from the 5th step of Band 2 to the 1st step of Band 3 subject to

access criteria agreed by the joint validation committee and shall then progress by annual increment to the 4th step of band 3.

(d) A teacher 3 year trained will progress to Band 3 after serving one year on the 5th step of Band 2. Such

teacher will then progress through Band 3 by biennial increments, ie. every 2 years served on each incremental step of Band 3 shall then entitle the teacher to move to the next appropriate step of Band 3.

(e) A teacher 3 year trained may accelerate this progression by performing a minimum of 8 days

professional development activity in their own time and submitting a portfolio of these activities and any other relevant matters to the joint validation committee for assessment.

(f) A teacher 3 year trained may undertake an appropriate additional year of formal training which shall

entitle them to move to the appropriate step on the scale that relates to their years of experience up to the maximum of Band 3 Step 4.

(g) Credit for professional development activities shall be given if such activities occurred prior to 1 July

1991 if these activities can be appropriately documented to the satisfaction of the joint validation committee.

(h) A teacher 3 year trained shall keep a portfolio of the teacher’s professional development activities

which shall be validated by the joint validation committee before the teacher is entitled to move between Band 2 and Band 3.

(i) A teacher 3 year trained who obtains an approved degree from a recognised university or an approved

equivalent tertiary qualification shall be appointed as a teacher 4 year trained with the same years of service.

2.3.2 Teacher (4 year trained)

(a) Teachers admitted to the service who hold an approved degree from a recognised university or an

approved equivalent tertiary qualification plus at least one year of teacher training or such other qualifications, recognised by the employer as equivalent to one year of teacher training, may be appointed as a teacher 4 year trained.

(b) A teacher 4 year trained shall commence on the first step of Band 2 and shall progress by annual

increment to the fourth step of Band 3. (c) A teacher admitted to the service as a teacher 4 year trained who has an approved bachelor’s degree

with first or second class honours, or a higher degree or two approved degrees from a recognised university and one year of teacher training shall commence on the 2nd step of Band 2

(d) A teacher 3 year trained who obtains an approved degree from a recognised university or an approved

equivalent tertiary qualification shall be appointed as a teacher 4 year trained with the same years of service.

2.3.3 Annual progression

(a) Except as otherwise provided, progression from one step to a higher step shall be by annual increment

for a full-time teacher. (b) A part-time employee (teacher or assistant) will progress to the next increment following the

completion of 1,000 contact hours. 2.4 Allowances 2.4.1 Director’s Allowance

(a) A teacher appointed as a Director shall be paid the following allowance in addition to their wage as prescribed by Section 11.

1-Jul-09 (per fortnight) 4.5% increase

1-Jul-10 (per fortnight) 4% increase

1 Unit $73.15 $76.08

2 Units $109.73 $114.12

3 Units $145.30 $152.15 (b) In the case of a part-time director, this allowance will be paid on a pro-rata basis according to the

number of hours per week worked. Teachers sharing the responsibility of director shall be entitled to a pro rata proportion of this allowance based on their usual work pattern (ie. a job-share arrangement between two employees where one works 3 days and the other works 2 days will result in the first employee receiving three-fifths of the allowance and the second employee receiving two-fifths of the allowance.

(c) No kindergarten shall be required to pay more than 100% of the relevant director’s allowance as a

result of a job-share arrangement.

2.4.2 Relieving Director’s Allowance

Where a teacher is required to relieve the director, the following additional amount per day shall be paid whilst in charge:

1-Jul-09 (per day)

4.5% increase

1-Jul-10 (per day)

4% increase

1 Unit $9.04 $9.40 2 Units $13.63 $14.17

3 Units $18.34 $19.07

2.4.3 Senior Teacher’s Allowance

(a) A teacher may apply to receive a senior teacher’s allowance, subject to the following criteria:

(i) one year’s employment on Band 3, Step 4; and (ii) completion of three (3) days professional development, in their own time, in each of the

three (3) years preceding their application; and (iii) provision, on request, of a portfolio of evidence of professional development activities

undertaken; and

(iv) a commitment to continue to participate in professional development

(b) The allowance shall be as follows :

1-Jul-09 (per fortnight) 4.5% increase

1-Jul-10 (per fortnight) 4% increase

Senior Teacher's Allowance $126.36 $131.41 (c) In the case of a part-time teacher, this allowance will be paid on a pro-rata basis according to the

number of days per week worked. (d) For the purposes of this allowance, a day would require a minimum of six hours course content.

(e) For the purposes of this allowance, professional development is a professional activity conducted by

an accredited professional body, ie C&K, ECA, ECTA, Department of Education and the Arts, QIEU/IEUA, TAFE, university where the content/topic/theme is based on early childhood education.

(f) Professional development for the purposes of this allowance does not include first aid or fire safety

training. (g) Should a teacher wish to have any other activity recognised as relevant professional development for

the purposes of this allowance, they are required to provide details of attendance (including hours), the nature of the course work involved and the providers of the course.

(h) To ensure continued payment of this allowance, on an annual basis, teachers may be required to

submit a portfolio of evidence of professional development activities undertaken during the previous year.

2.4.4 Locality Allowances

(a) Entitlement: A teacher shall be paid :

(i) the full rate of the locality allowance if the teacher satisfies the Management Committee that he or she has a dependent spouse, dependent de facto spouse or dependent child; or

(ii) one-half of the full rate of locality allowance if the teacher does not have a dependent

spouse, dependent de facto spouse or dependent child. (b) Dependents: As a guide, a person in receipt of remuneration less than the Queensland minimum wage

per week could be regarded as a dependent. (c) Spouse eligible for locality allowance: One half of the full rate of locality allowance shall be paid to a

Teacher, even though the Teacher has a dependent child, whose spouse or de facto spouse lives with the Teacher and:

(i) is also an employee of the kindergarten/preschool; or

(ii) is employed by a corporation sole, statutory corporation, board, authority or other body

constituted under any Act; and is eligible to receive a locality allowance as a result of that employment

(d) Teachers are paid the locality allowances prescribed under the Directive 19/99 Locality Allowances,

as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996. Should the Directive 19/99 Locality Allowances be adjusted during the term of this Agreement, the allowances payable will be amended to reflect such adjustments.

(e) Notification of change of circumstances: A Teacher receiving a locality allowance shall notify their

manager immediately of any changes in the Teacher’s circumstances that would affect the amount of locality allowance payable.

(f) Payable during periods of paid leave: Locality allowance shall be paid to a Teacher absent on vacation, annual, sick or long service leave or any other leave on full salary.

(g) Not payable during unpaid leave: Locality allowance shall not be paid to a Teacher absent on leave

without pay. (h) Time limit on claims: Without the approval of the manager, a claim shall not be paid unless it is

submitted within 12 months of incurring the expense. (i) Exempted teachers are not eligible for the locality allowance.

2.5 Salary sacrifice 2.5.1 An employee may salary sacrifice a portion of their salary to any benefit which does not attract a fringe benefit

tax liability

2.5.2 Where a salary sacrifice arrangement is entered into, it will be recorded in writing.

2.5.3 Where such an arrangement is entered into, the employee’s total salary shall be reduced by an amount equivalent to that nominated in the arrangement.

2.5.4 The employee’s salary used to calculate superannuation contributions, leave loading, annual leave or vacation leave, long service leave, severance and termination payment entitlements, will be the gross base salary in accordance with this agreement – ie. the wages the employee would receive if not taking part in a salary packaging arrangement

2.5.5 Salary packaging arrangements may be altered once per annum.

2.5.6 The employer reserves the right to outsource the administration of salary packaging arrangements to a provider appointed by the employer.

2.5.7 The employer will meet the cost associated with salary sacrifice to superannuation.

2.5.8 The employee may be required to meet the cost of salary sacrifice arrangements to benefits other than superannuation.

2.6 Superannuation 2.6.1 In addition to the wages prescribed in this Agreement, eligible employees, as defined below, shall be entitled

to occupational superannuation benefits in accordance with the Superannuation Guarantee (Administration) Act 1992, as amended from time to time.

2.6.2 Employees can elect to have their contributions paid to any complying superannuation fund. Employees, at the point of engagement, will be provided with information in relation to QIEC, however should an employee not elect a preferred fund, contributions on their behalf will be made to QIEC as the default fund.

2.6.3 The employer will provide all employees with a Standard Choice Form within 28 days of the commencement

of this agreement or within 28 days of the commencement of their employment. 2.6.4 The employer shall make available to all employees the following options:

(a) Where an employee makes a contribution of at least 1% to superannuation, the employer will contribute an additional 1% (that is a total contribution of 10%) to the employee’s superannuation; and

(b) Where an employee makes a contribution of at least 2% to superannuation, the employer will

contribute an additional 2% (that is a total contribution of 11%) to the employee’s superannuation; and

c) Where an employee makes a contribution of at least 3% to superannuation, the employer will contribute an additional 3% (that is a total contribution of 12%) to employee’s superannuation.

2.6.5 So as to remove doubt, an employee’s contribution to superannuation identified in this section can be made by

way of salary sacrifice in accordance with Section 13.

PART 3 – EMPLOYMENT CATEGORIES AND RELATED ARRANGEMENTMENTS 3.1 Employment Categories 3.1.1 Employment categories are:

(a) Full-time – engaged for the maximum hours (ie. teachers 75 hours per fortnight and assistants 76 hours

per fortnight).

(b) Part-time - engaged for less than the maximum hours in (a) above

(c) Casual – engaged by the hour

3.1.2 Part-time (a) Part-time employees shall be paid a proportion of the wage prescribed in Section 12 according to the

number of hours actually worked by the employee during the ordinary working week. (b) A part-time employee will receive, on a pro rata basis, equivalent pay and conditions to those of full-

time employees (c) The ordinary hours of work for a part-time employee will be confirmed in writing and may be either:

(i) a fixed weekly amount; (ie. 25 hours per week); or

(ii) a variable weekly amount, including minimum and maximum hours (eg. between 20 and 30 hours per week. However, in such circumstances the maximum number of hour per week will be 32.

(d) The hours of work for a part time employee can be altered by mutual agreement recorded in writing. (e) Any additional hours so worked shall be taken into account in the pro rata calculation of entitlements. (f) In exceptional cases, and on a short term basis, part-time employees may work the maximum ordinary

hours referred to in Section 10. (g) Eligibility to move to the next increment will require the completion of 1,000 contact hours. (h) An existing employee will not be disadvantaged because the employee declines the offer to be

employed in accordance with 17.2.3(b). (i) A part-time employee will not be disadvantaged because the employee declines the offer of additional

hours in excess of those confirmed in writing as per 17.2.3 (a) & (b) or declines the alteration of hours of work pursuant to 17.2.4.

3.1.3 Casual

(a) A casual employee shall be employed as such, engaged on an hourly basis to perform duties up to and

including 20 hours per week. (b) A casual teacher shall be paid a proportion of the wage prescribed in Section 12 according to the

relevant fortnightly rate divided by 75 with an additional 23% loading. There shall be a minimum engagement of 2 hours per day and payments shall be made for preparation and other duties on the ratio of one hour for every five hours in charge of children.

(c) An assistant or exempted teacher shall be paid a proportion of the wage prescribed in Section 12

according to the relevant fortnightly rate divided by 76 with an additional 23% loading. There shall be a minimum engagement of 2 hours per day. In the case where a casual employee has been offered relief work and this relief work is subsequently cancelled within one hour of the work due to commence, the casual employee shall be paid one hours wages.

3.2 Replacement and Relief Employees 3.2.1 Replacement Employee

(a) A replacement employee is a person engaged for a fixed period of time as notified in a letter of

appointment. For example, to replace an employee absent from work due to parental or long service leave.

b) The replacement employee is entitled to pro rata payment for annual leave, non-term time and public

holidays.

3.2.2 Relief Employees (a) A relief employee means an employee who relieves another employee for a period of less than one

month for the purpose of carrying out the absent employee’s function. Where the engagement is for more than one month, a relief employee should be regarded as a replacement employee.

(b) A relief teacher shall be paid a proportionate hourly rate in accordance with the wages schedule in

part 2, provided that a minimum of 2 hours shall be paid for each engagement. (c) A relief assistant or exempted teacher shall be paid a proportionate hourly rate in accordance with the

wages schedule in part 2, provided that a minimum of 2 hours shall be paid for each engagement.

3.3 Termination of Employment and Resignation of Employment

3.3.1 Termination by Employer (a) In order to terminate the employment of an employee, the employer will give the employee 4 weeks’

notice. (b) In addition, an employee aged over 45 years old at the time of giving notice and with not less than 2

year’s continuous service, will be entitled to an additional week’s notice. (c) Payment in lieu of notice will be made if the appropriate notice is not given – provided that

employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice, the ordinary time rate of pay for the employee concerned

will be used. (e) The period of notice outlined above will not apply in the case of dismissal for misconduct or other

grounds that justify instant dismissal, or to replacement (where the employee reaches the end of their fixed term engagement), relief or casual employees.

(f) Notice must be given during term-time. (g) These provisions may be varied by mutual consent.

3.3.2 Resignation by Employee

(a) In order to resign their employment, an employee will give the employer 4 weeks’ notice. If the

employee fails to give the appropriate notice, the employer has the right to withhold monies due to the employee up to an amount equal to the ordinary time rate for the period of notice not given.

(b) Notice must be given during term-time at least four weeks prior to the end of the current term.

(c) These provisions may be varied by mutual consent.

3.3.3 Statement of Service The employer shall, in the event of resignation or termination of employment, provide upon request to an employee whose employment has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

3.4 Redundancy provisions

3.4.1 Consultation before termination

This section applies if:

(a) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

(b) the change is likely to have a significant effect on employees of the enterprise.

3.4.2 The employer must notify the relevant employees of the decision to introduce the major change.

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

3.4.4 The employer must recognise the representative if:

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

(b) the employee or employees advise the employer of the identity of the representative.

3.4.5 A soon as practicable after making its decision, the employer must:

(a) discuss with the relevant employees:

(i) the introduction of the change;

(ii) the effect the change is likely to have on the employees;

(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and

(b) for the purposes of the discussion – provide, in writing, to the relevant employees:

(i) all relevant information about the change including the nature of the change proposed; and

(ii) information about the expected effects of the change on the employees; and

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

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

3.4.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

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

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

(b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

(d) the alteration of hours of work; or

(e) the need to retain employees; or

(f) the need to relocate employees to another workplace; or

(g) the restructuring of jobs.

3.4.9 In this section, relevant employees means the employees who may be affected by the major change.

3.4.10 Transfer to lower paid duties

a) Where an employee is transferred to lower paid duties the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated (see below).

Period of Continuous Service Notice (weeks' pay)

Less than 1 year 1 1 year but not more than 3 years 2 More than 3 years but not more than 5 years 3 More than 5 years 4

b) Employees aged over 45 years of age and who have been continually employed for 2 years or more are eligible for an additional week’s notice.

3.4.11 Time off during notice period

(a) Where a decision has been made to terminate an employee due to redundancy, the 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.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

3.4.12 Severance Pay

(a) In addition to the notice required above, an employee whose employment is terminated due to redundancy shall be entitled to the following amounts of severance pay:

Period of Continuous Service Severance Pay (weeks' pay)

Less than 1 year nil 1 year but not more than 2 years 4 More than 2 years but not more than 3 years 6 More than 3 years but not more than 4 years 7 More than 4 years but not more than 5 years 8 More than 5 years but not more than 6 years 9 More than 6 years but not more than 7 years 10 More than 7 years but not more than 8 years 11

More than 8 years but not more than 9 years 12 More than 9 years but not more than 10 years 13 More than 10 years but not more than 11 years 14 More than 11 years but not more than 12 years 15 More than 12 years 16

3.5 Consultation 3.5.1 This clause applies if:

(a) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

(b) the change is likely to have a significant effect on employees of the enterprise. 3.5.2 The employer must notify the relevant employees of the decision to introduce the major change. 3.5.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 3.5.4 If:

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

(b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative.

3.5.5 As soon as practicable after making its decision, the employer must:

(a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the

employees; and (b) for the purposes of the discussion — provide, in writing, to the relevant employees:

(i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees.

3.5.6 However, the employer is not required to disclose confidential or commercially sensitive information to the

relevant employees. 3.5.7 The employer must give prompt and genuine consideration to matters raised about the major change by the

relevant employees. 3.5.8 If a term in the enterprise agreement provides for a major change to production, program, organisation,

structure or technology in relation to the enterprise of the employer, the requirements set out in subclauses 3.5.2, 3.5.3 and 3.5.5 are taken not to apply.

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

(a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer’s workforce or to the skills

required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure);

or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs.

3.5.10 In this term, relevant employees means the employees who may be affected by the major change. 3.6 Professional Development 3.6.1 Teachers are required by their employer to attend professional development activities for a total of 3 days

during school vacation periods for professional development activities arranged for them.

3.6.2 However, teachers are not required to attend employer-organised activities if they have already prepared their own professional development plan for the calendar year and had such plan approved by their employer. In this case, the employer can elect whether or not to pay for such activity(ies).

3.6.3 Assistants and exempted teachers may be required by their employer to attend professional development activities for a total of 3 days during vacation periods for professional development activities arranged for them.

PART 4 – HOURS OF WORK, BREAKS

4.1 Hours of Work 4.1.1 Teachers

(a) The ordinary hours of duty for a teacher shall not exceed 37.5 hours per week of which not more than

27.5 shall relate to the teaching of an educational program. (b) However, where mutually agreed in writing, a teacher’s contact hours may be averaged across a

period of five working days. No teacher shall be required to exceed the ordinary hours of duty or weekly contact hours as a result of such agreement.

(c) The normal starting times of a kindergarten program may be varied if agreed in writing by all parties

to be mutually beneficial to the functioning of the centre. However, any such arrangement will not result in teachers being required to work more than 37.5 hours per week.

(d) A part-time teacher employed for less than 27.5 hours per week teaching an educational program shall

be entitled to preparation and other duties on the ratio of one hour for every five hours of teaching.

4.1.2 Assistants (a) The ordinary hours of duty for an employee, other than a teacher, shall not exceed 38 hours per week.

(b) The normal starting times of a kindergarten program may be varied if agreed in writing by all parties

to be mutually beneficial to the functioning of the centre. However, any such arrangement will not result in assistants being required to work more than 38 hours per week.

4.2 Meal Breaks

4.2.1 Teachers and Assistants shall be entitled to a half hour per day paid meal break to be considered as time

worked where the employee works for at least 5 hours in that day. 4.2.2 The paid meal break is to be taken at the end of the working day, when children have left the centre. Teachers

and Assistants are required to remain on the premises and be on duty, but not in charge of children during this meal break period (approval to waive this can be sought on an individual basis).

4.2.3 Teachers and assistants are able to eat at the same time as the children (ie. during morning tea, lunch and

afternoon tea).

4.3 Pupil Free Day One day per term shall be deemed to be a “pupil free day” for the purposes of administration, professional development and programming duties.

4.4 Peripheral and Incidental Tasks The employer may require an employee to perform peripheral and incidental tasks associated with their employment during school vacation periods, such as enrolments, securing of the premises and other similar tasks.

PART 5 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 5.1 Proportion of Salary 5.1.1 An employee upon appointment shall be paid as from the date upon which the employee commenced duty

provided that an employee who has worked (or has been granted leave by the employer), for each day of the standard year, shall be paid for a full calendar year.

5.1.2 An employee who ceases duty after at least ten teaching weeks of employment, shall be paid the proportion of the employee’s wage for that year that the employee’s service excluding vacation periods, bears to the standard year.

5.1.3 A standard year is deemed for the purposes of this section to be 42 teaching weeks.

5.1.4 The wage that is proportioned shall be calculated on the wage the employee is receiving immediately before the cessation of employment.

5.1.5 The employee who ceases duty before completing ten weeks of employment shall be paid an amount equal to one-twelfth of their ordinary pay for their period of employment.

5.2 Annual Leave Loading

5.2.1 A further amount calculated at the rate of 17.5% of the amount of wage payable shall be paid to all employees calculated on the basis of an entitlement of 4 weeks’ annual leave and in the case where an employee does not teach for the full 42 weeks, then in the same proportions that the employee’s teaching (excluding vacations) bears to the standard year.

5.2.2 For the purposes of paying annual leave loading, the first four weeks after the completion of term four is considered to be the period of annual leave.

5.3 Payment for Vacations

Payment for periods of vacation leave will be made as they fall due. However, an employee may request in writing to receive these payments in advance of commencing vacation.

5.4 Personal/Carer’s Leave 5.4.1 Paid Leave

(a) A full-time employee will be entitled to access ten days of paid personal leave for each completed

year of service when they are unable to attend work due to illness or injury. A part-time employee will accrue paid personal/carer’s leave on a pro rata basis.

(b) An employee is entitled to use up to ten days of paid personal/carer’s leave each year for the purpose

of caring for members of the employee’s immediate family or household who are sick and require care and support or require care due to an unexpected emergency.

(c) Personal/carer’s leave shall be cumulative, but unless the employer and employee otherwise agree, an

employee shall not be entitled to receive and the employer is not bound to make, payment for more than 13 weeks’ absence from work through illness in any one year.

5.4.2 Unpaid leave

A full-time employee is entitled to two days unpaid carer’s leave on each occasion that a member of the employee’s immediate family or household requires care and support due to being ill, injured or affected by an unexpected emergency. A part-time employee is entitled to unpaid personal/carer’s leave on a pro rata basis.

5.4.3 Notice and evidence (a) An employee is required to inform their employer that they will be absent from work due to personal

illness or injury. The notice must be given as soon as reasonably practicable unless the circumstances are beyond the employee’s control.

(b) In the case of personal leave, an employee may be required to provide a medical certificate for any period in excess of two days or where the employee has taken more than four single day absences in any calendar year.

(c) For periods of carers leave, the employee may be required to provide documentary evidence such as a

medical certificate or a statutory declaration in relation to the person being cared for. 5.5 Compassionate Leave 5.5.1 An employee is entitled to two (2) days paid leave to attend to spend time with a critically ill, injured or dying

person who is a member of the employee’s immediate family or household as defined under the Fair Work Act 2009.

5.5.2 An employee may take up to two (2) days paid compassionate leave upon the death of a member of their immediate family or household.

5.5.3 The employee may be required to provide evidence of the illness, injury or death that gives rise to the entitlement of compassionate leave.

5.6 Parental Leave 5.6.1 An employee is entitled to unpaid parental leave (including maternity and adoption leave) in accordance with

Chapter 2 Part 2 of the Fair Work Act 2009.

5.6.2 The provisions of Chapter 2 Part 2 of the Industrial Relations Act 1999 are attached as Appendix A.

5.7 Long Service Leave 5.7.1 Except as provided in this clause (clause 5.7) employees covered by this Agreement are entitled to long service

leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, part 3, sections 42-58 of the Industrial Relations Act 1999 (Queensland).

5.7.2 An employee covered by this Agreement shall be entitled to long service leave on the following basis: (a) in respect of service completed prior to 1 July 1989 in accordance with Section 17 of the Industrial

Conciliation and Arbitration Act 1961-1989.

(b) In respect of service from 1 July 1989 on the basis of 13 weeks long service for each 10 years of service.

5.7.3 An employee may apply to take long service leave as from 1 July 1989 in respect to 10 years of continuous

service notwithstanding that the period of entitlement accrued may be less than 13 weeks.

5.7.4 An employer may direct an employee to take the full period of long service leave accrued within 12 months upon which the employee’s accrued entitlement has reached 13 weeks and such employee shall take that leave within 12 months of the notice from the employer.

5.7.5 Any accrued entitlement to long service leave after 1 July 1989 may be in periods of no less than 4 weeks and no more than 13 weeks.

5.7.6 An employee shall provide at least six calendar months notice in writing of an intention to take leave.

5.7.7 Upon termination by an employee, payment in lieu of long service leave shall be made in accordance with this agreement.

5.7.8 In the case of the death of an employee, the employer will be liable to pay to the employee’s personal representative the whole amount of long service leave which the employee would have been entitled to.

5.7.9 An employee, other than a full-time employee, employed for a continuous period of 10 years, as defined by the Industrial Relations Act 1999 (Queensland) shall be entitled to a pro rata payment of long service leave.

5.7.10 In respect of any further subsequent period of employment following the taking of long service leave, an employee must have accrued 4 weeks of long service leave before further long service leave may be taken.

However, upon termination or dismissal all accrued long service leave shall become payable to the employee as calculated on the basis of 13 weeks for 10 years’ service.

5.7.11 The employer and the employee may mutually agree in writing to vary the notice periods. For an employee who is not a teacher where the dates 1 July 1989 appear, the date shall be read as 1 January 1992.

5.8 Public Holidays

5.8.1 An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.

5.8.2 All work required by the employer to be done by an employee on:

1st January (New Year’s Day) 26th January (Australia Day) Good Friday Easter Saturday (the day after Good Friday) Easter Monday 25th April (Anzac Day) Labour Day Queen’s birthday Christmas Day Boxing day; or Any day appointed under the holidays Act 1983, to be kept in place of any such holiday

shall be paid for at the rate of double time and a half with a minimum of 4 hours.

5.8.3 Double time and a half: for the purposes of the previous paragraph, where the rate of wages is a weekly rate, “double time and a half” means one and one-half days wages in addition to the prescribed weekly rate, or pro-rata if there is more or less than a day.

5.8.4 Annual Show: all work done by an employee in a district specified from time to time by the Minister by notification published in the Queensland Government Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification of such district shall be paid for at the rate of double time and a half with a minimum of 4 hours.

5.8.5 In a district where a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.

5.9 Jury Service 5.9.1. Fees (other than meal allowances) received by an employee to attend jury service will be paid to the employer

and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service.

5.9.2 Employees shall notify the employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide to the employer proof of such attendance, the duration of such attendance and the amount received in respect thereof.

5.9.3 If the employee is not required to serve on a jury for a day or part of day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity.

5.9.4 “Ordinary Pay” for the purposes of this section means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. “Ordinary pay” excludes overtime, penalty rates of all types – including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.

PART 6 - SIGNATORIES Signed for and on behalf of the xxx

_____________________________ ____________________________ (name) (signature)

In the presence of: _____________________________ ____________________________ (name of witness) (signature of witness)

Date : _______/_______/2010

Signed for and on behalf of the Independent Education Union of Australia - Queensland and Northern Territory Branch _____________________________ ____________________________ (name) (signature) In the presence of: _____________________________ ____________________________ (name of witness) (signature of witness)

Date : _______/_______/2010

The provisions of Fair Work Act 2009 shall apply and are as follows:

Division 5—Parental leave and related entitlements

Subdivision A—General

67 General rule—employee must have completed at least 12 months of service

Employees other than casual employees

(1) An employee, other than a casual employee, is not entitled to leave under this Division (other than unpaid pre-adoption leave) unless the employee has, or will have, completed at least 12 months of continuous service with the employer immediately before the date that applies under subsection (3).

Casual employees

(2) A casual employee, is not entitled to leave (other than unpaid pre-adoption leave) under this Division unless:

(a) the employee is, or will be, a long term casual employee of the employer immediately before the date that applies under subsection (3); and

(b) but for:

(i) the birth or expected birth of the child; or

(ii) the placement or the expected placement of the child; or

(iii) if the employee is taking a period of unpaid parental leave that starts under subsection 71(6) or paragraph 72(3)(b) or 72(4)(b)—the taking of the leave;

the employee would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

Date at which employee must have completed 12 months of service

(3) For the purpose of subsections (1) and (2), the date that applies is:

(a) unless paragraph (b) or (c) applies:

(i) if the leave is birth-related leave—the date of birth, or the expected date of birth, of the child; or

(ii) if the leave is adoption-related leave—the day of placement, or the expected day of placement, of the child; or

(b) for an employee taking a period of unpaid parental leave that is to start within 12 months after the birth or placement of the child under subsection 71(6)—the date on which the employee’s period of leave is to start; or

(c) for a member of an employee couple taking a period of unpaid parental leave that is to start under paragraph 72(3)(b) or 72(4)(b) after the period of unpaid parental leave of the other member of the employee couple—the date on which the employee’s period of leave is to start.

Meaning of birth-related leave

(4) Birth-related leave means leave of either of the following kinds:

(a) unpaid parental leave taken in association with the birth of a child (see section 70);

(b) unpaid special maternity leave (see section 80).

Meaning of adoption-related leave

(5) Adoption-related leave means leave of either of the following kinds:

(a) unpaid parental leave taken in association with the placement of a child for adoption (see section 70);

(b) unpaid pre-adoption leave (see section 85).

Meaning of day of placement

(6) The day of placement, in relation to the adoption of a child by an employee, means the earlier of the following days:

(a) the day on which the employee first takes custody of the child for the adoption;

(b) the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption.

68 General rule for adoption-related leave—child must be under 16 etc.

An employee is not entitled to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption:

(a) is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child; and

(b) has not, or will not have, lived continuously with the employee for a period of 6 months or more as at the day of placement, or the expected day of placement, of the child; and

(c) is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.

69 Transfer of employment situations in which employee is entitled to continue on leave etc.

(1) If:

(a) there is a transfer of employment in relation to an employee; and

(b) the employee has already started a period of leave under this Division when his or her employment with the first employer ends;

the employee is entitled to continue on that leave for the rest of that period.

(2) If:

(a) there is a transfer of employment in relation to an employee; and

(b) the employee has, in relation to the first employer, already taken a step that is required or permitted by a provision of this Division in relation to taking a period of leave;

the employee is taken to have taken the step in relation to the second employer.

Note: Steps covered by this subsection include (for example) giving the first employer notice under subsection 74(1), confirmation or advice under subsection 74(4) or evidence under subsection 74(5).

Subdivision B—Parental leave

70 Entitlement to unpaid parental leave

An employee is entitled to 12 months of unpaid parental leave if:

(a) the leave is associated with:

(i) the birth of a child of the employee or the employee’s spouse or de facto partner; or

(ii) the placement of a child with the employee for adoption; and

(b) the employee has or will have a responsibility for the care of the child.

Note 1: Entitlement is also affected by section 67 (which deals with length of the employee’s service) and, for adoption, section 68 (which deals with the age etc. of the adopted child).

Note 2: The 12 months is reduced by the amount of any unpaid special maternity leave the employee has taken (see subsection 80(7)).

71 The period of leave—other than for members of an employee couple who each intend to take leave

Application of this section

(1) This section applies to an employee who intends to take unpaid parental leave if:

(a) the employee is not a member of an employee couple; or

(b) the employee is a member of an employee couple, but the other member of the couple does not intend to take unpaid parental leave.

Leave must be taken in single continuous period

(2) The employee must take the leave in a single continuous period.

Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave (see section 79).

When birth-related leave must start

(3) If the leave is birth-related leave for a female employee who is pregnant with, or gives birth to, the child, the period of leave may start up to 6 weeks before the expected date of birth of the child, but must not start later than the date of birth of the child.

(4) If the leave is birth-related leave but subsection (3) does not apply, the period of leave must start on the date of birth of the child.

When adoption-related leave must start

(5) If the leave is adoption-related leave, the period of leave must start on the day of placement of the child.

Leave may start later for employees whose spouse or de facto partner is not an employee

(6) Despite subsections (3) to (5), the period of leave may start at any time within 12 months after the date of birth or day of placement of the child if:

(a) the employee has a spouse or de facto partner who is not an employee; and

(b) the spouse or de facto partner has a responsibility for the care of the child for the period between the date of birth or day of placement of the child and the start date of the leave.

Note: An employee whose leave starts under subsection (6) is still entitled under section 76 to request an extension of the period of leave beyond his or her available parental leave period. However, the period of leave may not be extended beyond 24 months after the date of birth or day of placement of the child (see subsection 76(7)).

72 The period of leave—members of an employee couple who each intend to take leave

Application of this section

(1) This section applies to an employee couple if each of the employees intends to take unpaid parental leave.

Leave must be taken in single continuous period

(2) Each employee must take the leave in a single continuous period.

Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave (see section 79).

When birth-related leave must start

(3) If the leave is birth-related leave:

(a) one employee’s period of leave must start first, in accordance with the following rules:

(i) if the member of the employee couple whose period of leave starts first is a female employee who is pregnant with, or gives birth to, the child—the period of leave may start up to 6 weeks before the expected date of birth of the child, but must not start later than the date of birth of the child;

(ii) if subparagraph (i) does not apply—the period of leave must start on the date of birth of the child; and

(b) the other employee’s period of leave must start immediately after the end of the first employee’s period of leave (or that period as extended under section 75 or 76).

When adoption-related leave must start

(4) If the leave is adoption-related leave:

(a) one employee’s period of leave must start on the day of placement of the child; and

(b) the other employee’s period of leave must start immediately after the end of the first employee’s period of leave (or that period as extended under section 75 or 76).

Limited entitlement to take concurrent leave

(5) If one of the employees takes a period (the first employee’s period of leave) of unpaid parental leave in accordance with paragraph (3)(a) or (4)(a), the other employee may take a period of unpaid

parental leave (the concurrent leave) during the first employee’s period of leave, if the concurrent leave complies with the following requirements:

(a) the concurrent leave must be for a period of 3 weeks or less;

(b) unless the employer agrees as referred to in paragraph (c), the concurrent leave must not start before, and must not end more than 3 weeks after:

(i) if the leave is birth-related leave—the date of birth of the child; or

(ii) if the leave is adoption-related leave—the day of placement of the child;

(c) if the employer agrees, the concurrent leave may (subject to paragraph (a)):

(i) start earlier than is permitted by paragraph (b); or

(ii) end up to 3 weeks later than is permitted by paragraph (b).

(6) Concurrent leave taken by an employee:

(a) is an exception to the rule that the employee must take his or her leave in a single continuous period (see subsection (2)); and

(b) is an exception to the rules about when the employee’s period of unpaid parental leave must start (see subsection (3) or (4)).

Note: The concurrent leave is unpaid parental leave and so comes out of the employee’s entitlement to 12 months of unpaid parental leave under section 70.

73 Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth

Employer may ask employee to provide a medical certificate

(1) If a pregnant employee who is entitled to unpaid parental leave (whether or not she has complied with section 74) continues to work during the 6 week period before the expected date of birth of the child, the employer may ask the employee to give the employer a medical certificate containing the following statements (as applicable):

(a) a statement of whether the employee is fit for work;

(b) if the employee is fit for work—a statement of whether it is inadvisable for the employee to continue in her present position during a stated period because of:

(i) illness, or risks, arising out of the employee’s pregnancy; or

(ii) hazards connected with the position.

Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

Employer may require employee to take unpaid parental leave

(2) The employer may require the employee to take a period of unpaid parental leave (the period of leave) as soon as practicable if:

(a) the employee does not give the employer the requested certificate within 7 days after the request; or

(b) within 7 days after the request, the employee gives the employer a medical certificate stating that the employee is not fit for work; or

(c) the following subparagraphs are satisfied:

(i) within 7 days after the request, the employee gives the employer a medical certificate stating that the employee is fit for work, but that it is inadvisable for the employee to continue in her present position for a stated period for a reason referred to in subparagraph (1)(b)(i) or (ii);

(ii) section 81 does not apply to the employee.

Note: If the medical certificate contains a statement as referred to in subparagraph (c)(i) and section 81 applies to the employee, the employee is entitled under that section to be transferred to a safe job, or to paid no safe job leave.

When the period of leave must end

(3) The period of leave must not end later than the earlier of the following:

(a) the end of the pregnancy;

(b) if the employee has given the employer notice of the taking of a period of leave connected with the birth of the child (whether it is unpaid parental leave or some other kind of leave)—the start date of that leave.

Special rules about the period of leave

(4) The period of leave:

(a) is an exception to the rule that the employee must take her unpaid parental leave in a single continuous period (see subsection 71(2) or 72(2)); and

(b) is an exception to the rules about when the employee’s period of unpaid parental leave must start (see subsections 71(3) and (6), or subsection 72(3)).

Note: The period of leave is unpaid parental leave and so comes out of the employee’s entitlement to 12 months of unpaid parental leave under section 70.

(5) The employee is not required to comply with section 74 in relation to the period of leave.

74 Notice and evidence requirements

Notice

(1) An employee must give his or her employer written notice of the taking of unpaid parental leave under section 71 or 72 by the employee.

(2) The notice must be given to the employer:

(a) at least 10 weeks before starting the leave; or

(b) if that is not practicable—as soon as practicable (which may be a time after the leave has started).

(3) The notice must specify the intended start and end dates of the leave.

Confirmation or change of intended start and end dates

(4) At least 4 weeks before the intended start date specified in the notice given under subsection (1), the employee must:

(a) confirm the intended start and end dates of the leave; or

(b) advise the employer of any changes to the intended start and end dates of the leave;

unless it is not practicable to do so.

Evidence

(5) An employee who has given his or her employer notice of the taking of unpaid parental leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person:

(a) if the leave is birth-related leave—of the date of birth, or the expected date of birth, of the child; or

(b) if the leave is adoption-related leave:

(i) of the day of placement, or the expected day of placement, of the child; and

(ii) that the child is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child.

(6) Without limiting subsection (5), an employer may require the evidence referred to in paragraph (5)(a) to be a medical certificate.

Compliance

(7) An employee is not entitled to take unpaid parental leave under section 71 or 72 unless the employee complies with this section.

Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

75 Extending period of unpaid parental leave—extending to use more of available parental leave period

Application of this section

(1) This section applies if:

(a) an employee has, in accordance with section 74, given notice of the taking of a period of unpaid parental leave (the original leave period); and

(b) the original leave period is less than the employee’s available parental leave period; and

(c) the original leave period has started.

(2) The employee’s available parental leave period is 12 months, less any periods of the following kinds:

(a) a period of concurrent leave that the employee has taken in accordance with subsection 72(5);

(b) a period of unpaid parental leave that the employee has been required to take under subsection 73(2) or 82(2);

(c) a period by which the employee’s entitlement to unpaid parental leave is reduced under paragraph 76(6)(c);

(d) a period of special maternity leave that the employee has taken.

First extension by giving notice to employer

(3) The employee may extend the period of unpaid parental leave by giving his or her employer written notice of the extension at least 4 weeks before the end date of the original leave period. The notice must specify the new end date for the leave.

(4) Only one extension is permitted under subsection (3).

Further extensions by agreement with employer

(5) If the employer agrees, the employee may further extend the period of unpaid parental leave one or more times.

No entitlement to extension beyond available parental leave period

(6) The employee is not entitled under this section to extend the period of unpaid parental leave beyond the employee’s available parental leave period.

76 Extending period of unpaid parental leave—extending for up to 12 months beyond available parental leave period

Employee may request further period of leave

(1) An employee who takes unpaid parental leave for his or her available parental leave period may request his or her employer to agree to an extension of unpaid parental leave for the employee for a further period of up to 12 months immediately following the end of the available parental leave period.

Making the request

(2) The request must be in writing, and must be given to the employer at least 4 weeks before the end of the available parental leave period.

Agreeing to the requested extension

(3) The employer must give the employee a written response to the request stating whether the employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made.

(4) The employer may refuse the request only on reasonable business grounds.

(5) If the employer refuses the request, the written response under subsection (3) must include details of the reasons for the refusal.

Special rules for employee couples

(6) The following paragraphs apply in relation to a member of an employee couple extending a period of unpaid parental leave in relation to a child under this section:

(a) the request must specify any amount of unpaid parental leave and unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;

(b) the period of the extension cannot exceed 12 months, less any period of unpaid parental leave or unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;

(c) the amount of unpaid parental leave to which the other member of the employee couple is entitled under section 70 in relation to the child is reduced by the period of the extension.

No extension beyond 24 months after birth or placement

(7) Despite any other provision of this Division, the employee is not entitled to extend the period of unpaid parental leave beyond 24 months after the date of birth or day of placement of the child.

77 Reducing period of unpaid parental leave

If the employer agrees, an employee whose period of unpaid parental leave has started may reduce the period of unpaid parental leave he or she takes.

78 Employee who ceases to have responsibility for care of child

(1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child.

(2) The employer may give the employee written notice requiring the employee to return to work on a specified day.

(3) The specified day:

(a) must be at least 4 weeks after the notice is given to the employee; and

(b) if the leave is birth-related leave taken by a female employee who has given birth—must not be earlier than 6 weeks after the date of birth of the child.

(4) The employee’s entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.

79 Interaction with paid leave

(1) This Subdivision (except for subsections (2) and (3)) does not prevent an employee from taking any other kind of paid leave while he or she is taking unpaid parental leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave.

Note: For example, if the employee has paid annual leave available, he or she may (with the employer’s agreement) take some or all of that paid annual leave at the same time as the unpaid parental leave.

(2) An employee is not entitled to take paid personal/carer’s leave or compassionate leave while he or she is taking unpaid parental leave.

(3) An employee is not entitled to any payment under Division 8 (which deals with community service leave) in relation to activities the employee engages in while taking unpaid parental leave.

Subdivision C—Other entitlements

80 Unpaid special maternity leave

Entitlement to unpaid special maternity leave

(1) A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because:

(a) she has a pregnancy-related illness; or

(b) she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child.

Note: Entitlement is also affected by section 67 (which deals with the length of the employee’s service).

Notice and evidence

(2) An employee must give her employer notice of the taking of unpaid special maternity leave by the employee.

(3) The notice:

(a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and

(b) must advise the employer of the period, or expected period, of the leave.

(4) An employee who has given her employer notice of the taking of unpaid special maternity leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in subsection (1).

(5) Without limiting subsection (4), an employer may require the evidence referred to in that subsection to be a medical certificate.

(6) An employee is not entitled to take unpaid special maternity leave unless the employee complies with subsections (2) to (4).

Taking of special maternity leave reduces entitlement to unpaid parental leave

(7) A female employee’s entitlement to 12 months of unpaid parental leave associated with the birth of a child (see section 70) is reduced by the amount of any unpaid special maternity leave taken by the employee while she was pregnant.

Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

81 Transfer to a safe job

Application of this section

(1) This section applies to a pregnant employee if:

(a) she is entitled to unpaid parental leave; and

(b) she has already complied with the notice and evidence requirements of section 74 for taking unpaid parental leave; and

(c) she gives her employer evidence that would satisfy a reasonable person that she is fit for work, but that it is inadvisable for her to continue in her present position during a stated period (the risk period) because of:

(i) illness, or risks, arising out of her pregnancy; or

(ii) hazards connected with that position.

Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

(2) Without limiting paragraph (1)(c), an employer may require the evidence referred to in that paragraph to be a medical certificate.

Employee entitled to appropriate safe job or paid no safe job leave during risk period

(3) If this section applies to an employee:

(a) if there is an appropriate safe job available—the employer must transfer the employee to that job for the risk period, with no other change to the employee’s terms and conditions of employment; or

(b) if there is no appropriate safe job available—the employee is entitled to take paid no safe job leave for the risk period.

(4) An appropriate safe job is a safe job that has:

(a) the same ordinary hours of work as the employee’s present position; or

(b) a different number of ordinary hours agreed to by the employee.

Payment to employee if transferred to appropriate safe job

(5) Without limiting paragraph (3)(a), if the employee is transferred to an appropriate safe job for the risk period, the employer must pay the employee for the safe job at the employee’s full rate of pay (for the position she was in before the transfer) for the hours that she works in the risk period.

Payment to employee if on paid no safe job leave

(6) If the employee takes paid no safe job leave for the risk period, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the risk period.

Risk period ends if pregnancy ends

(7) If the employee’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.

82 Employee on paid no safe job leave may be asked to provide a further medical certificate

Employer may ask employee to provide a medical certificate

(1) If an employee is on paid no safe job leave during the 6 week period before the expected date of birth of the child, the employer may ask the employee to give the employer a medical certificate stating whether the employee is fit for work.

Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

Employer may require employee to take unpaid parental leave

(2) The employer may require the employee to take a period of unpaid parental leave (the period of leave) as soon as practicable if:

(a) the employee does not give the employer the requested certificate within 7 days after the request; or

(b) within 7 days after the request, the employee gives the employer a certificate stating that the employee is not fit for work.

Entitlement to paid no safe job leave ends

(3) When the period of leave starts, the employee’s entitlement to paid no safe job leave ends.

When the period of leave must end etc.

(4) Subsections 73(3), (4) and (5) apply to the period of leave.

83 Consultation with employee on unpaid parental leave

(1) If:

(a) an employee is on unpaid parental leave; and

(b) the employee’s employer makes a decision that will have a significant effect on the status, pay or location of the employee’s pre-parental leave position;

the employer must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position.

(2) The employee’s pre-parental leave position is:

(a) unless paragraph (b) applies, the position the employee held before starting the unpaid parental leave; or

(b) if, before starting the unpaid parental leave, the employee:

(i) was transferred to a safe job because of her pregnancy; or

(ii) reduced her working hours due to her pregnancy;

the position the employee held immediately before that transfer or reduction.

84 Return to work guarantee

On ending unpaid parental leave, an employee is entitled to return to:

(a) the employee’s pre-parental leave position; or

(b) if that position no longer exists—an available position for which the employee is qualified and suited nearest in status and pay to the pre-parental leave position.

85 Unpaid pre-adoption leave

Entitlement to unpaid pre-adoption leave

(1) An employee is entitled to up to 2 days of unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for the employee’s adoption of a child.

Note: Entitlement is also affected by section 68 (which deals with the age etc. of the adopted child).

(2) However, an employee is not entitled to take a period of unpaid pre-adoption leave if:

(a) the employee could instead take some other form of leave; and

(b) the employer directs the employee to take that other form of leave.

(3) An employee who is entitled to a period of unpaid pre-adoption leave is entitled to take the leave as:

(a) a single continuous period of up to 2 days; or

(b) any separate periods to which the employee and the employer agree.

Notice and evidence

(4) An employee must give his or her employer notice of the taking of unpaid pre-adoption leave by the employee.

(5) The notice:

(a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and

(b) must advise the employer of the period, or expected period, of the leave.

(6) An employee who has given his or her employer notice of the taking of unpaid pre-adoption leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken to attend an interview or examination as referred to in subsection (1).

(7) An employee is not entitled to take unpaid pre-adoption leave unless the employee complies with subsections (4) to (6).

Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

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PARTICULARS OF THE EMPLOYER Name: xxx ABN: xxx Business address: xxx Address for service: Phone number: xxx Fax number (if any): E-mail address (if any): PARTICULARS OF OTHER PARTIES Name: John Wesley Spriggs Position, title, office etc: Senior Industrial Officer Organisation: Independent Education Union of Australia - Queensland and Northern

Territory Branch ABN: 74 662 601 045 Residential or Business address: 346 Turbot Street SPRING HILL QLD 4000 Address for service: PO Box 418, FORTITUDE VALLEY QLD 4006 Phone or contact phone number: (07) 3839 7020 Fax number: (if any) (07) 3839 7021 E-mail address (if any): [email protected]