Australian Social Welfare Union of Employees (Qld) v University of Queensland Union [1993] QIRC 336 (1993) 144 QGIG 235

234 QUEENSLAND GOVERNMENT INDU ST RIAL GAZETTE [ 17 September, 1993 17 September, 1993 J QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 235 #################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 10. 13 - application for va ria ti on Australian Soc ial Welfare Union of Emp loyees (Qld) A ND Universi ty of Queensland Union (Nos. R7-0 and R7-1 of 1993) STUDENT WELFARE OFFICERS - UNI VERSITY O F QUE ENS LAND UNI ON IND UST RIAL AG REEMENT COMMISSIONER SWAN VAR IATION 1 Ju ly 1993 THESE mat ters com ing on for hearing before th e Commi ssion at Bri sb ane on 1 July 1993, this Comm is sion doth order th at the sa id Industri al Agreement be varied as follows as from the first d ay of Ju ly, 199 3: - By deleting cla uses 1 to 34 inclusive and in se rti ng the fo llow ing in l ieu thereof:- "Subject Maner Part 1 - Pre liminary Ti t~ ... ...... . . .... . ..... .. . . . . Industri al Agreement Coverage .. .. ...... . Date of Operation . . . . . . . . .. .... ... . . Industrial Agreement Post ing . . .. .... . . . . Structural Efficiency and Agreemen t M oderni sa tion Part 2 - Term s and Condi ti ons of Em ployment Clause No. 1 . 1 1.2 1.3 1 .4 1.5 Contract of Employment . . . . . . . . . . . . . . . 2 .1 Introduction of Cha nges, Termination of Employment in Cases of Redu ndancy 2.2 Time and Wages Records . . . . . . . 2 .3 Grievance Procedures . . . . . . . . . . . . . . 2.4 Preference . . . . . 2 .5 Part 3 - Definitions, Wages, Allowances Definitions . . . . . . . . . . . . . . . . . . . . . . 3.1 Guaranteed M inimum Wage . . . 3.2 Wages . . . . . . . . . . . . . . . . 3.3 Paym en t of Wages . . . . . . . . . . 3.4 Occupational Supe rannuation . . . . . . 3.5 Travelling an d Motor Veh ic le Allow ance 3.6 Amen iti es . . . . . . . . . . . . . . . . . 3.7 Occupational Health and Safety 3.8 Fi rst Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.9 Part 4 - Hours of W ork, Overt im e Hours of Work Overtime Meal Br eak Rest Pa uses .. Meal Allowance ..... . Pa rt 5 - Sta tutory Holida ys, Leave 4.1 4.2 4.3 4.4 4.5 Annual Leave . . . . . . . . . 5.1 Sta tutory Ho lidays . . . . . . . . . . . . . . 5.2 Sick Leave . . . . . . . . . . . . 5.3 Long Serv ice Leave . . . . . . . 5.4 Leave W it hout Pay . . . . . . . . . . . . . . . . . . 5.5 Bereavement Leave . . . . . . . . . . . . . . . . . . . 5.6 Jury Service . . . . . . . . . . . . . . . 5. 7 Blood Donors . . . . . . . . . . . . . . . . . . . . . . 5.8 Calculation of Continu ous Servi ce . . . . . . . . . 5.9 Savings Cl ause . . . . . . . . . . . . . . . . . . . . . . 5.1O Adoption Leave . ...... .. .. , . . . . . . . 5. 11 Education Leave . . . . . . . . . . . . . . . . . . . . . 5. 12 -- 1 of 7 -- 236 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 September, 1993 "Su~ject Matter Maternity/Paternity Leave Child Care Special Leave Part 6 - Miscellaneous Provisions No Extra Claims Undertaking Jobskills Trainees . . . . . . . . . . . . Injuring an Employee on Account of Industrial Action Un ion Right of Entry Union Delegates Leave to Attend Arbitration Business Union Notice Board Union Meetings . Staff Meetings .. PART 1 - PRELIMINARY 1.1 Title Clause \:o 5.13 5.14 5.15 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 This Agreement shall be known as the Student Welfare Officers - University of Queensland Union - Industrial Agreement. 1.2 Industrial Agreement Coverage . This Agreement shall apply to Student Welfare and Suppor·t Statf employed by the Unrvers,ty ot Queensland Union in the tollowing positions:- Activities Organiser; Education Resource Officer; External Students Liaison Officer· Postgraduate Students Organiser; Weltare Ofticer; Union Resource Librarian; Women's Equal Opportunity Officer; and such other employees as may be employed from time to time subject to mutual agreement. ' 1.3 Date of Operation . This Industrial Agreement shall take effect and have the force ot law throughout the State of Queensland as from 1 July 1993 for a perr od ot three (3) years. . And this Commission doth further order that anv of the parties are to be at liberty to apply to this Commission' as thev may be advised. • 1.4 Industrial Agreement Posting A. copy of ~his lndustria_l Agreement shall be kept in a conven_rent place ror perusal ot all employees, and a copy of the Industrial Agreement shall be provided to all new employees. The employer shall permit notices from the Union to be posted in a convenient place for the perusal by employees. 1.5 Structural Efficiency and Agreement Modernisation The parties are committed to modernising the terms of the Agreement so that rt improves the etficiency of the operation of the services operated by the employer bound by the Agreement, prov_rdes _tor more t_lex1ble working arrangements, improves the quality or_ working l1te ot employees and assists positively in the restructuring process. The_parties commit themselves to the following principles a., a part ot the _structural et_tIcIency. and modernisation process in accordance with the provIsIons ot thrs clause and the Structural Etf1c1ency Principle determined by the Queensland Industrial Relations Comm1ss1on rn its Wage Case Decision - (a) The Union is prepared to discuss al! matters raised bv the employer for increased flexibility and efficiency. (b) The parties agree to introduce a new classification structure with related new Job definitions which are suitable. to the needs or the employer, which wil I more truly retlect the work requirements and skill levels or employees in the industry, and which shall generally enable employees to pertorm a wider range of duties as appropriate. (c) The parties will co-operate in the transition to the new classification structure following its approval by the Industrial Relations Commission to ensure an orderly transItIon and to avoid disputation. (d) The parties commit themselves to the development of career paths In the industry and a system of incremental advancement based upon skills acquisition and enhancement, and will continue to co-operate in the development of training and other measures to introduce such a system. (e) The Union is prepared to discuss all structural efficiencv matters raised by employers and employees in any 1nd1v1dual work site covered by the Agreement, and agreements may be concluded on matters other than hours ot work subject to the following conditions:- (i) there must be genuine agreement from all employees to any changes to working arrangements proposed through an agreement; (ii) no employee will lose income or suffer an overall reduction of conditions as a result of any change; (iii) any_ agreem_ent must be approved by the Australian Social Weltare Union of Employees (Qld) and the Union wrll not umeasonably wi_thhold approval of any. agreement. It the Union tails to approve a particular agreement, that matter may be referred to the Queensland Industrial Relations Commission for conciliation and/or arbitration as appropriate; and (iv) all agreements involving variations to award standards shall be made pursuant to s. 10.4 of the Industrial Relations Act 1990, as amended and wi!I con;ie into effect only after such agree~ents are cert1t1ed by the Queensland Industrial Relations Commission. PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT 2.1 Contract of Employment (1 )(a) The employer may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and trarnrng consistent with the cl;,issification structure of this Industrial Agreement provided that such duties are not designed to promote deskilling. (b) The employer may direct an employee to carrv out such duties and use such resources and equipment as may be provided that the employee has been properly trained in the use of such resources and equipment. (c) Any direction issued by the employer pursuant to provisions (a) and (b) herein shall be consistent with the employer's responsibility to provide a safe and healthy working environment. (2) Upon engagement the employer shai I provide each new employee with a written statement which will speciiy:- (a) an outline of the duties of the positron; (b) the employee's regular hours of work; le) the employee's classification pursuant to the Aoreement· and • 0 • ' any other matters deemed to be necessary. 2.2 Introduction of Changes, Termination of Employment in Cases of Redundancy (1) Termination of Emplovment - (a) Process - Termination (i) fhe employer shall establish and notiiy to ail employees as early as possible a procedure tor terrrnI1atron of employment, which shall provide that, subject to subclause ll)(a)(11) herein, termInat1on shall not procPed untrl the d1sc;pl1nary procedur·e established bv the employer 111 accordance with subclausP 2.4(2) has· been carried out. 17 September, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 237 (ii) Nothing in this procedure shall restrict the employer's right to summarily dismiss an employee pursuant to subclause (l)(f) herein where this is justified. (b) Notice of Termination bv Emplover - (i) In order to terminate the employment of an employee, the employer shall give the following notice:- Period of Continuous Service Pe,iod of 1 year or less . . . . . . . . . . . . . . . . . .... 1 year and up to the completion of 3 years .. Notice 1 week 2 weeks 3 weeks 4 weeks 3 years and up to the completion of 5 years . 5 years and over (ii) In addition to the notice prescribed in subclause (l)(b)(i) hereof, employees over forty-five 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. (iii) Payment in lieu of notice prescribed in subclauses (l)(b)(i) and/or (1 )(b)(ii) hereof shall be made if the appropriate notice period is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (iv) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated shall be used. (v) The period of notice in this clause shall not apply in the case of conduct which justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for specific task or tasks. (vi) For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by clause 5.9 of this Agreement. (c) (i) (ii) (d) (i) (e) (i) Notice of termination by emplovee - The notice of termination required to be given by an employee shall be the same as that required of the employer, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice, the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. Time-off during notice period - Where the employer has given notice of termination to an employee, an employee shall be allowed up to one days time-off without loss of pay for the purpose of seeking other employment. The time-off shall be taken at times that are convenient to the employee after consultation with the employer. Certificate of Service - Upon termination of employment for any reason whatsoever, the employer shall furnish the employee with a certificate of service in the following form:- (A) (B) (C) (D) (E) (F) Employee's name; Period of employment: From to Title of Position; Salary scale; Nature of work (including if applicable, details of numbers of other staff and/or volunteers supervised by the employee); Name of Employer Organisation: Signed: (President or Treasurer) Date: (Seal of employer to be attached where applicable). (f) Summary Dismissal - (i) Notwithstanding the provisions of this clause, the employer shall have the right to summarily dismiss any employee without notice for misconduct which justifies instant dismissal, and in such case the wages shall be paid up to the time of dismissal only. (g) Unfair Dismissals - (i) Termination of employment by the employer shall not be harsh, unjust or unreasonable. (ii) For the purpose of this clause, termination of employment shall include terminations with or without notice. (iii) Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, sex, marital status, family responsibilities, pregnancy, religion, political opinion, social origin, age, parental status, breastfeeding, impairment, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes shal I constitute a harsh, unjust or unreasonable termination of employment. (h) Dispute Settlement Procedure - Unfair Dismissals - (i) The dispute, if not resolved by conciliation, shall be referred to the Queensland Industrial Relations Commission for arbitration in accordance with the Act and the jurisdiction of the Commission. (2) Introduction of Change - (a) Emplover's Duty to Notify' - (i) Where the employer has made a definite decision to introduce major changes in program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the Australian Social Welfare Union of Employees (Qld). (ii) 'Significant effects' include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities; promotion opportunities or job tenure; changes in the designation of staff positions; the alteration of hours of work; the need for retraining or transferring of employees to other work or locations and the restructuring of jobs: Provided that where this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. (b) Emplover's Duty to Discuss Change - (i) The employer shall discuss with the employees affected and the Australian Social Welfare Union of Employees (Qld) inter a/ia, the introduction of the changes referred to in subclause (2)(a)(ii) hereof, the effects such changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the Union. (ii) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclauses (2)(a)(i) and (2)(a)(i i) hereof. (iii) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and the Australian Social Welfare Union of Employees (Qld), all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that the employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interest. -- 2 of 7 -- • 238 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [17 September, 1993 (3) Redundancy - (a) Discussions Before Terminations - (i) Where the employer for any reason, including the cessation or reduction of grant funding, has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the Australian Social Welfare Union of Employees (Qld). (ii) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provisions of subclause (3)(a)(i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise terminations and measures to mitigate any adverse effects of any terminations on the employees concerned. (iii) For the purpose of the discussion, the employer shall, as soon as practicable, provide in writing to the employees concerned and the Australian Social Welfare Union of Employees (Qld) all relevant information about the proposed terminations including the reasons for the proposed terminations, the number of categories of employees likely to be affected and the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that the employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employers interests. (b) Transfer to Lower Paid Duties - (i) Where an employee is transferred to lower paid duties for reasons set out in subclause (3)(a)(i) hereof, 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. (c) Severance Pay - (i) In addition to the period of notice prescribed for ordinary termination in subclause (1) herein, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in subclause (3)(a)(i) hereof, shall be entitled to the following amount of severance pay in respect of a continuous period of service:- Period of C:ontmuous Service 1 year and up to the completion of 2 years 2 years and up to the completion of :l yea" 3 years and up to the completion of 4 years 4 years and over Severance Pay 4 weeks 6 weeks 7 weeks 8 weeks 'Week's pay' means the employees current ordinary time hourly rate of pay multiplied by the average of weekly hours (excluding overtime) worked over the past 52 weeks: 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. (d) Advice to employees of future vacancies - (i) Where, within one year from the date on which a particular employee is made redundant because of a cessation or reduction in grant funding, grant funding is restored to the employer, or the employer receives an increase in grant funding and wishes to engage a person to perform the same or similar work as that previously performed by the employee made redundant, the employer shall take all reasonable steps to notify the employee of the vacancy. (e) Employee Leaving During Notice - (iJ An employee whose employment is terminated for reasons set out in subclause (3)(a)(i) hereof, may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice: Provided that in such circumstances, the employee shall not be entitled to payment in lieu of the remainder of the period of notice. (f) Alternative Employment - (i) The 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. (g) Time off during notice period - (i) During the period of notice of termination given by the employer an employee shall be allowed up to one days' time off without loss of pay during each week of notice for the purpose of seeking other employment. (ii) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. (h) Notice to Commonwealth Employment Service - (i) Where a decision has been made to terminate employees in the circumstances outlined in subclause (2)(a)(i) hereof, the employer shall notify the local office of the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. (i) Employees Exempted - (i) This clause shall not apply to employees with less than one years' continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. (ii) This clause shall also not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including malingering, inefficiency or neglect of duty or in the case of casual employees' or employees engaged for a specific period of time or for a specified task or tasks. (j) Incapacity to Pay - (i) The 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 capacity to pay. 2.3 Time and Wages Records The employer shall keep a record from which can be readily ascertained the name of each employee who is for the time being in the employers employment or who was in employment at any time during the period of twelve months immediately preceding and the classification, the hours worked on each date together with the time of commencing and finishing work (including the time ot commencing and finishing meal breaks as provided by this Agreement), rates of pay and the wages and allowances paid each pay period. The time occupied by an employee in filling in any time record of cards or in the making of records shall be treated as time of duty, but this does not apply to checking in or out when entering or leaving the employer's premises. 17 September, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 239 2.4 Grievance Procedures (1) Grievance Procedures - (a) Subject to the Industrial Relations Act 1990, as amended, any dispute or grievance arising out of the operation of this Agreement, other than a dispute or grievance arising directly from the employer's concern about an employee's work performance or conduct shall be dealt with in the following manner. ' (b) In the first instance, the employee shall attempt to resolve the grievance with their immediate supervisor or the employer and shall be entitled to have a union representative present if the employee so desires. (c) Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and their immediate supervisor or the employer would be inappropriate, the employee may notify a duly authorised State representative of the Australian Social Welfare Union of Employees (Qld), who, if they consider that there is some substance in the dispute or claim, may forthwith take the matter up with the employer, and a meeting shall be arranged. (d) The arrangement of a meeting under subclause (1 )(c) hereot shall take place within seven working days of notification to the employer of a dispute or grievance. _ (e) Whilst the above conciliatory procedure is being tollowed, work shall continue normally where it is agreed there is an existing custom, but in other cases, work shall continue on the instr~ction of the employer. No party shall be prejudiced as to the tinal settlement by the continuation of work in accordance with this clause. (2) Counselling and Disciplinary Procedures - (a) T h e employer shall nominate one or two representatives who shall be responsible for counselling and disciplining employees in each service. These representative(s) shall not be employees (or current applicants for employment) unless they are supervisory employees. The employer shall advise all employees as soon as possible of the name(s) of the nominated representatives. (b) First Meeting - (i) Where the employer has serious concerns about the work performance or conduct of an employee, a representative of the employer shall notify the employee in writing at least one day in advance that they wish to counsel the employee. A counselling session shall be conducted on a one-to-one basis, at a mutually agreed time as soon as possible (but no more than two weeks' unless in exceptional circumstances) afterwards. (ii) Where the Union notifies the employer's representative that in its view, such counselling session is not appropriate in the circumstances, it may seek a meeting with the representative in lieu of one. Such meeting shall then be held as soon as possible at a mutually agreed time (but not later than two weeks from the date it is requested unless in exceptional circumstances), and shall consist of an equal number (unless otherwise agreed) of one or two representatives of each party. (iii) At such counselling session or meeting, the employer's representative(s) shall outline their concerns to the employee/Union. Where it is agreed that a serious problem exists, the meeting shall attempt to reach agreement on action to resolve the problem and, where appropriate, a timetable for review of the action taken. (iv) Unless it is agreed that a serious problem does not exist, the parties _shall separately or jointly prepare (as soon as possible atterwards) a record of the relevant facts and the outcome of the meeting, to be placed on the employee's personal file. This record shall remain strictl_y confidential between the parties attending the meeting, except by agreement between the parties. The employee's personal file shall be kept in a secure place and shall be accessible to all parties present at the meeting. (v) Where the parties agree that there is no longer cause for serious concern or that no further action is warranted this shall be jointly stated on the employee's personal file as soon as possible afterwards. Un1ess the same problem arises within six months thereafter, all references to the problem shall then be deleted from the file. (c) Second Meeting - (i) Where it was agreed that action to deal with the problem should be reviewed or where after a reasonable time period (normally at least four weeks) the employer sti 11 has serious concerns about the same matter, a further counselling session or meeting shall be held on the basis outlined above. (ii) Where the concerns relate to allegations of harassment or intimidation on the basis of gender, sexuality or physical disability, subclause (2)(c)(i) hereof shall not apply. (d) Written Warning - (i) Where, in the opinion of the employer, the second meeting has not resolved the employer's concerns about the matter, and agreement has not been reached on a further plan of action to deal with the problem, the employer shall after a second meeting, issue a written warning to the employee that disciplindry action will be taken, or their employment may be terminated by the employer unless the employee's performance or conduct is satisfactory by the end of a period of at least four weeks after the warning is issued. The warning shall outline the employer's concerns, the facts relied upon to justify the warning, the length of the warning period, and the action which the employer proposes to take if performan_ce or conduct is not satisfactory by the end ot the period. A copy ot this clause ot the Agreement shall be attached and a copy of the warning shall be sent promptly to the relevant Branch office of the Union. (ii) Where, after the second meeting above, the same problem persists or arises again within six months of that meeting, the employer may take action in accordance with subclause (2)(d)(ii) hereof, or may recommence the process by seeking a first meeting in accordance with this clause. (e) Disputes concerning a written warning - (i) Where a written warning has been issued to an employee, and the Union notifies the employer that it has serious concerns regarding the warning, a meeting shall be held as soon as possible at a mutually agreed time, but no more than two weeks after the issuing of the warning unless in exceptional circumstances, between an equal number of employer and union representatives, unless otherwise agreed. (ii) Where the Union notifies the employer that it has serious concerns about any other aspect of the procedure followed by the employer in relation to this clause, the procedure outline in subclause (2)(e)(i) hereof shall be followed. (iii) Where the procedure outlined in this clause fails to settle the dispute, the Union or the employer may seek to have any dispute related to this clause referred to the Queensland Industrial Relations Commission. (iv) The dispute, if not resolved by conciliation, shall be referred to the Queensland Industrial Relations Commission for arbitration in accordance with the Industrial Relations Act 1990, as amended and the jurisdiction of the Commission. (f) Disciplinary Action and Termination of Employment - (i) Except_ in circumstances Justifying summary dismissal, no action shall be taken by the employer to discipline or terminate the employment of an employee on the grounds of employer concern regarding employee performance or conduct unless the procedures in this clause have first been followed. Disciplinary action shall not be. contrary to, or preJudice the employee's rights and entitlements under this Agreement. (ii) The employer may, in exceptional circumstances (such as a charge of physical harassment made against an employee), suspend an employee on full pay or direct them to perform different duties or in a different -- 3 of 7 -- 240 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 September, 1993 workplace, but under the employee's existing award conditions, commencing after the first meeting as described in this clause. The period ot and reasons for such action shall be given to the employee at the time of suspension or transfer, in writing. and. subclauses (2)(eJ(ii), (2)(e)(iv) and (2)(b)(v) hereot shall apply in respect of disputes concerning the notification. No employee shall otherwise be suspended on grounds of employer concern regarding conduct or performance. 2.5 Preference (1) Where there is more than one suitable applicant for a position subject to this Agreement, preference in eng_agemem shall_ be given to members of the Australian Social Weltare Union ot Employees (Qld), and equally to persons who have applied to join the Union and have forwarded the relevant tee. (2) Where the employer advertises a position subject of this Agreement, the advertisement shall incorporate a statement to the effect that preference will be given to persons who are members of or who have applied to join, the Australian Social Welfare Union of Fmployees (Qld). A copy of such advertisement shall be forwarded promptly by the employer to the Union. Failure by the employer to meet the requirements of this subclause shall not render any selection invalid. (3) The employer shall give preference in retention under existing or equivalent conditions of employment to financial members of the Australian Social Welfare Union of Employees (Qld), where an employee is to be made redundant or transferred to lower paid duties, due to a change in the operation or structure of the project. This obligation shall not apply in respect ot an employee who is incapable of efficiently performing the duties of the existing or equivalent position, for reasons other than temporary illness, incapacity or injury, or who is summarily dismissed, in accordance with clause 2.2(b)(v). (4) Nothing in this clause shall be deemed to imply that Union membership is compulsory and the employer shall be excused from the obligation to offer preference where the employer chooses to employ/retain a person in respect of w_hom there Is a certificate in torce issued under section 13.53 ot the Industrial Relations Act 7990. PART 3 - DEFINITIONS, WAGES, ALLOWANCES 3.1 Definitions (1) 'Casual' employee shall mean an employee engaged and paid as such and who is employed for a minimum engagement of three hours. A casual employee shall only be employed for temporary or relieving work or for a special or exceptional purpose. (2) A 'Casual' employee shall not be entitled to the provisions of hours of work, overtime, meal allowance, public holidays, annual leave loading, sick leave, special leave, education leave, Staff association meetings, travel allowances, long service leave, compassionate leave, adoption leave, ,11aternity/paternity leave, Jury service, termination of employment or redundancy as set out in this Agreement. (3) A 'Casual' employee shall be paid per hour an amount equivalent to the appropriate wage rates as prescribed in this ,\greement, plus additional loadings as follows:- Monday - Friday 8.30 a.m. to 6.00 p.m. Monday - Friday 6.00 p.m. to 8.30 a.m. Saturday . Sunday ....................... _.. . Public Holidays as defined in clause 5.2 ot this Agreement 19% 19°/o 50% 100°/o (4) A 'f>art-time' employee shall mean an employee who is engaged as such and shall work regular days and hours but in no case shall work more than 28 hours per week. (5J A 'Part-time' emplovee shall be paid per hour an amount equivalent to the appropriate wage rates as prescribed in this Agreement (6) /\ 'Part-ti:11e' employee shall be entitled to the provisions of this Agreement on a pro rata basis, provided that a employee shall only be allowed to take timP otf in lieu tirrie worked ir, excess of daily hours in any one day or where I-time employee would be entitled to take time off in lieu. (7) A 'Sessional' employee shall be one who is employed permanently either full-time or parHime for the period of th_e academic year at the University ot Queensland. During this period sessional employees shall be entitled to a 12% loading on the ordinary hours worked, 6 days of sick leave and shall be entitled to the following Public Holidays:- Anzac Day; Labour Day; Queens Birthday; Brisbane Exhibition Day; Good Friday; Easter Saturday; and Easter Monday. Sessional employees may be employed casually over the down-time, which shall otherwise be considered _leave without pay and shall not break continuity of service tor any other purpose. 3.2 Guaranteed Minimum Wage The rates of wage or salaries prescribed by this Agreement in respect to adult employees or to employees who are seniors are deemed to include and to be expressed by reference to the Guaranteed Minimum Wage declared for the time being and from time to time pursuant to the provisions of the Industrial Relations Act 7990, and unless otherwise ordered such wages and salaries are to be adjusted to accord with any variations to such_ Guaranteed Minimum Wage. Until further Order, the amount ot the Guaranteed Minimum Wage deemed to be so included is as follows:- Schedule Within the Southern Division, Eastern District - Adults 3.3 Wages Per week $ 234.00 The minimum annual salaries for the employees fulfilling the positions outlined in clause 1.2 shall be as follows:- 1 st year of service 2nd year of service 3 rd year of service 4th year of service .. 5th year of service . 6th year of service . 7th year of service . 8th year of service . 9th year of service . 10th year of service ........... . 11th year of service and thereafter 3.4 Payment of Wages Per Annum $ 27,470 28,380 29,030 29,810 30,460 30,590 30,590 30,850 30,850 30,850 31,110 (1) All wages shall be paid weekly or fortnightly by cash or by cheque or electronic transfer by agreement between the employer and employee. (2) Wages shall be paid during working hours on a week day mutually agreed by the employer and employees in each service, being not more than five days following the end of the pay period. The pay day selected, once agreed, must not be changed without mutual agreement between the employer and the majority of employees. (3) Upon termination of employment, wages due to an employee shall be paid on the date of such termination or forwarded by post on the next working day. (4) The employer shall deduct from amounts due to an employee such amounts as are authorised in writing by the employee and deductions of income tax required to be made to the Australian Taxation Office. (5) On pay days, the employer shall provide for each employee a statement in writing of the gross salary and allowances to which they are entitled, the amount of deductions thereirom and the net amount to be paid. (6) An employee shall be appointed to the first level of the appropriate category in clause 3.3 and shall proceed trom level to level within that category on each anniversary of such appointment. (7) Employees shall be entitled to make submissions for payments above their level to the Pay Review Committee or any other sub-system. 17 September, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 241 3.5 Occupational Superannuation (1) Definitions - (a) 'Act and Regulations' means the Occupational Superannuation Standards Act . 798 7 . and Regulations pertaining thereto, and as amended trom time to time. (b) 'Employee' means any person employed on a full-time or part-time basis and casual employees who earn more_ than $120 gross per month employed under the terms ot this Agreement. (c) 'Employer' means any employer who is bound by this Agreement. (d) 'Ordinary Time Earnings' means the employee's wages for work performed in ordinary hours. (e) The 'Superannuation Fund' shall mean The Clerical Administrative & Retail Employees Superannuation Pty Ltd (CARE) or any other approved fund. (2) Contributions - (a) Subject to subclauses (1 )(d) and (l)(e) hereof, the employer shall contribute to the 'Superannuation Fund' equivalent of 3_% of_ each_ emrloyee's ordinary time earnings from_ the beginning ot the tirst tull pay period to commence on or atter 28 September 1992. (b) Such contributions will be made to the Superannuation Fund in the manner and at the times specified by the terms ot the Fund or in accordance with any agreement between the employer and the Trustees of the fund. (3) Fund Membership - (a) On engagement, and for existing employees, the employer shall make_ the employee aware of their entitlements under this clause and otfer the employee the opportunity to become a member of the appr<?priate Fund. _The employer shall provide the employee with tull details ot the Superannuation Fund defined in this clause. An empl_oyee shall be required to properly complete the necessary appl1cat1on torm(s) to become a member of the Fund. (b) The employer shall make contributions. in accordance with subclause (l)(b) hereof on behalt of all el1g1ble employees once such employees complete and submit the necessary application form(s) to the Superannuation Fund. (c) Where an employee is not a member of the ~und, but eligible to Join the Fund, the employer sh_all remmd the employee, in writing, of their entitlements, within a penod of_ a further six (6) months from the date of becoming el1g1ble ror superannuation. (4J Absence from Work - (a) Paid Leave - Subject to the Trust Deed of the Fund of which the employee is a member, absences from work contributions shall continue whilst a member of a fund is absent on paid leave such as annual leave, long service leave, public holidays, jury service, sick leave and bereavement leave. (b) Unpaid Leave - Contributions shall not be required to be made in respect ot any absence from work without pay (5) Work Related tn1ury and Sickness - (a) I n t h e event of an eligible employee's absence from work due to work related injury or sickness, contributions shall continue tor the period of the absence (subject to a maximum ot 52 weeks total_ absence for each injury or sickness) provided that the member ot the fund (employee) is receiving payments pursuant to Workers' Compensation legislation. (b) Where a respondent employer was, at 1 September 1992, paying a three percent productivity superannuation component in respect of any employee covered by this Agreement to an alternative Superannuation Fund which conforms. to t_he Commonwealth Government Operational Standards tor occupational superannuation, such employer shall be exempt from making occupational superannuation contributions on behalt of employees to the Clerical Administrative and Retail Employees Superannuation Pty Ltd (CARE:), provided that:- (i) (ii) contributions equivalent to those set out in the Agreement continue to be made to the alternative approved fund on behalt ot employees; and the Australian Social Welfare Union of l::mployees (Qid) and the Industrial Relations Commission are advised in writing of details of the alternative approved fund and the Union agrees to the alternative arrangements. 3.6 Travelling and Motor Vehicle Allowance (1) Motor Vehicle Allowance -- (a) Should an employee be required to use their own vehicle on his/her employer's business, the employee is to receive a vehicle allowance. ,n accordance with the rates prescribed by the Australian T axatIon Office:- Under 1600 c.c. 1601 c.c. to 2000 c.c. 2001 c.c. to 3000 c.c. Over 3000 c.c. Pei Ktlomet1 c < 45.7 51.8 53.4 55.9 (b) An employee required to travel by other means in connection with their work shall be reimbursed all reasonable travelling expenses so incurred with reasonable proot ot such expenses to be provided by the employee to the employer. (c) Where an employee is called on duty at night or at other than their normal hours, or on any non-working day they shall be reimbursed fares, or if using their own vehicle to travel between their home and place of work, receive a travelling allowance, as set out in subclause (l)(a) hereot. (d) Where an employee is required to work at times and/or in places where the use of public transport could reasonably be deemed to place the employee in a position ot possible personal risk, the employer shall prov1d_e suitable transport or shall authorise the employee to use their own vehicle. This subclause shall include, where applicable, the employee's travelling between their home and place ot work. (e) Where an employee uses a motor vehicle under subclause (l)(a) hereof and, by reason of that use, the employee is required, under the law in force in the State or Territory in which the motor vehicle is registered, to pay a tee for the registration of the motor vehicle that exceeds the fee tha_t they would otherwise have been required to pay under that law tor the registration of the motor vehicle, the employee is entitled to be paid, by way of reimbursement, an amount equal to the amount of the excess. Where an employee uses a motor vehicle under subclause (1 )(a) hereof, and, by reason of that_ use, the employee is required to pay an amount by way ot tull , comprehensive insurance premium that exceeds the amount tr1at the employee would otherwise have been required to pay by way of tull comprehensive insurance premium, the employee is entitled to be paid by way of reimbursement an amount equal to the amount ot the excess. (2) Travelling Expenses - (a) An employee required to stay away from home overnight shall be reimbursed the cost of reasonable board, lodgings and meals. Reasonable proof oi costs so incurred is to be provided by the employee to his/her employer. 3.7 Amenities The employer shall provide reasonable toilet and washing facilities for the use of employees. l he employer shall supply and maintain reasonable heating and cooling appliances ior the sate and healthy tunctIonIng ot the service. 3.8 Occupational Health and Safety The employer shall take all reasonable action to ensure the health and safety of employees and shall adopt and implement appropriate health and safety policies and practices. All necessary protective_ clothing and safety equipment shall be provided free of cost tor use ot each . employee, where necessary to protect the clothing or person ot the employee or where required by the employer to be worn or used. rhese items shall remain the property of, and shall be maintained by, the employer free of cost to the employee 3. 9 First Aid An employee who holds a current first aid certificate issued bv the St. John Ambulance Association or Austral1ctn Red Cross Sbciety or equivalent_ qualification, and who Is required by the employer to perform tirst aid duty at the workplace, shall be paid an allowance CJf $5.84 per week. -- 4 of 7 -- 242 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [17 September, 1993 A first aid kit, as required by the law of the State or Territory concerned, or if there be no relevant law, as recommended by the St. John Ambulance Association or Australian Red Cross Society other recognised body shall be provided and maintained at each workplace by the employer. PART 4 - HOURS OF WORK, OVERTIME 4.1 Hours of Work The parties agree to continue the existing practices in relation to hours of work. Such hours shall be worked between the hours of 8.30 a.m. and 6.00 p.m. Monday to Friday inclusive. 4.2 Overtime (1) Employees called upon to work overtime shall be entitled to take one and a-half times the time worked in overtime as time off in lieu. (2) Employees called upon to work on Saturday shall be entitled to take one and a-half times the time worked in overtime as time off in lieu; and a minimum of 4 1/2 hours, in lieu will be allowed. (3) Employees called upon to work on Sundays and Public Holidays shall be entitled to double time off in lieu and a minimum of four hours in lieu will be allowed. (4) All overtime shall only be worked by mutual consent between the employee and a person authorised to so instruct on behalf of the employer. All time off in lieu shall only be taken by mutual agreement between the employee and a person so authorised to instruct on behalf of the employer. (5) Wherever practicable employees shall be given twenty- four hours notice of the requirement to work overtime. (6) An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that has not had at least ten consecutive hours off duty between those times, shall subject to this subclause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of their employer such an employee resumes or continues work without having had ten such consecutive hours off duty, they shall be entitled to double time off in lieu as worked until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (7) When employees cease work on completion of normal duties and their usual means of transport is not available, the employer shall either provide suitable transport or pay any reasonable additional amount incurred by that employee in travelling home. (8) Accumulation of time off in lieu shall not exceed thirty- five hours. Periods of time taken as time off in lieu shall not exceed twenty-one hours consecutively, unless with the mutual agreement of the employee and the person so authorized to instruct on behalf of the employer. 4.3 Meal Break All employees shall be entitled to a meal break of one hour between 11.30 a.m. and 2.30 p.m. 4.4 Rest Pauses Every employee shall be entitled to a rest pause of ten minutes duration in the employer's time in the first and second half of the working day. Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary: Provided that the employer may determine that the rest pauses may be combined into one twenty minute rest pause, to be taken in the first or second part of the working day. 4.5 Meal Allowance (1) Any employee required to continue working for more than one hour after the agreed ordinary working hours on any one day shall, in addition to being entitled to time off in lieu as outlined in clause 4.2(1), be supplied with a meal at the employer's expense up to the value of $12.10 or if provision of such meal is not possible a meal allowance of $12.10. Any employee required to work overtime on a Saturday, Sunday or any Public Holiday for more than four hours shall in addition to being entitled to time off in lieu as outlined in clause 4.2(2) and (3), be supplied with a meal at the employer's expense up to the value of $12.10 or if provision of such meal is not possible a meal allowance of$ 12.10. (2) Where such overtime continues for more than four hours after the first meal allowance became payable, an additional meal shall be supplied at the employer's expense up to the value of $12.1 O or if provision of such additional meal is not possible, an additional allowance of $12.10 shall be paid after each four hour period of overtime worked. PART 5 - STATUTORY HOLIDAYS, LEAVE 5.1 Annual Leave (1) Full-time employees shall be entitled to four (4) weeks annual leave on full pay for each continuous twelve months' service with the employer. (2) Any full-time employee, other than a Jobskills Trainee, who has completed at least one month's continuous service may, on written application to the employer, be granted annual leave on a pro rata basis prior to the completion of any period of a full twelve months' service. Where such pro rata annual leave is granted by the employer:- (a) the employee shall be entitled to payment of annual leave loading in accordance with subclause (8) hereof; and (b) the period of pro rata annual leave shall be deducted from the annual leave otherwise payable at the end of that period of twelve months' service. (3) Approval of any application for pro rata annual leave shall be subject to the employer's convenience and will not unreasonably affect the operation of the service concerned but shall not be unreasonably withheld. (4) The annual leave prescribed in subclauses (1 ), (2) and (3) herein shall be exclusive of any of the holidays prescribed in clause 5.2 hereof and if any holidays fall within an employee's period of annual leave and is observed on a day which, in the case of that employee, would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. (5) The annual leave provided for in this clause shall be allowed and shall be taken, and, except for Jobskills Trainees and as provided by subclause (8) herein, payment shall not be made or accepted in lieu of annual leave. (6) Annual leave shall be given at a time determined by mutual agreement between the employer and the employee within a period not exceeding six months from the date when the right to annual leave accrued, provided that such annual leave may be deferred by mutual agreement in writing between the employer and employee. (7) Should an employee not complete any period of twelve months' service they shall, on the termination of their employment, provided that they have been employed continuously for one month or more, be entitled to pay in lieu of annual leave on a pro rata basis for each completed month of service. (8) In addition to the payments prescribed in subclauses (1), (2) and (3) herein, an employee proceeding on annual leave shall receive a loading of 17 and 1/2 per cent of annual leave pay up to a ceiling of the rate of the previous August quarter average male weekly earnings, as determined by the Australian Bureau of Statistics, to operate for the following calendar year from 1 January in respect of a period of 152 hours in the case of full- time employees and four weeks in the case of part-time employees or a proportionate amount in respect of a lesser period or periods. (9) Where an employee falls s·1ck or suffers an injury while on annual leave and provides to the employer a medical certificate to show that they are or were incapacitated to the extent that they would be unfit to perform normal duties, they shall be granted, at a time convenient to the employer, additional 17 September, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 243 leave equivalent to the period of incapacity falling within the said period of annual leave provided that the period of incapacity is of at least five working days duration. Subject to sick leave credits, the period of certified incapacity shall be paid for and debited as sick leave. (10) In addition employees shall be entitled to leave over the University Christmas/New Year break. This leave shall not be cumulative. 5.2 Statutory Holidays (1) All work done by any employee on Good Friday, Christmas Day, the twenty-fifth of April (Anzac Day), the first day of January, the twenty-sixth day of January, Easter Saturday (the day after Good Friday), Easter Monday, the Birthday of the Sovereign and Boxing Day, or any day appointed under the Holidays Act 1983, to be kept in place of such a holiday, shall be granted as time off in lieu. (2) All employees covered by this Agreement shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 7983, to be kept in place of that holiday), irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition, shall be able to take time off in lieu at one and a-half times the hours worked with a minimum of four hours time off in lieu. (3) All work carried out by employees in a district specified from time to time by the Minister by notice published in the 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 principle city or town as specified in such notification of such district shall be granted time off in lieu as per clause 4.2. (4) The provision of subclauses (1) and (3) of this clause shall apply to part-time employees as follows:- (a) a part-time employee shall be entitled to pro rata Public Holidays as outlined in subclause (1) hereof, which means the employee received time off based on a proportion of 35 hours which they work; (b) where a part-time employee is required to and does work on a Public Holiday they shall be entitled to time off in lieu as per clause 4.2, such payments to be in lieu of week-end allowances which would otherwise be allowable had the day not been a Public Holiday; (c) where a Public Holiday falls during the period of annual leave or sick leave on the day on which a part- time employee would normally be required to work, such holidays shall not be charged against such leave. (5) By agreement between the employer and an employee another day may be substituted for any Public Holiday prescribed by this Industrial Agreement. 5.3 Sick Leave (1)(a) An employee, other than a casual employee, shall be entitled to be absent without loss of pay on account of personal ill-health or injury or on account of the ill-health or injury of a person in the employee's care, for a period of up to and including ten (10) working days on full pay in each twelve months of continuous service, less any sick leave on full pay already taken, subject to the following conditions:- (i) proof of the illness or injury shall be furnished in a manner satisfactory to the employer after three consecutive days' absence from normal duty; (ii) for the purposes of accumulation of sick leave continuous employment is not broken when the employee:- (A) is absent on leave; (B) leaves the employ of the employer for a period not exceeding three (3) months and is subsequently reinstated or re-employed. (iii) an employee is not entitled to sick leave on full pay for any period in respect of which such employee is entitled to Workers' Compensation. (b) The Employer shall not terminate the services of the employee whilst on sick leave taken pursuant to subclause (1) of this clause. (c) If the employee becomes sick or is injured whilst on annual leave, the employee shall be granted, at a time convenient to the employer, additional leave equivalent to the period of sickness or injury within the scheduled period of annual leave, provided that:- (i) the period of sickness or injury is in excess of three (3) working days; (ii) proof of such illness or injury shall be furnished in a manner satisfactory to the employer, as soon as practicable after the period of annual leave. (2) Proportionate time shall be allowed to any employee for any part of a year's service and also to an employee who has not completed one year of service. (3) Sick leave shall be cumulative. (4) For the purposes of this Agreement sick leave shall include mental stress. 5.4 Long Service Leave (1) An employee who has completed or hereafter completes not less than ten years of continuous service shall, subject as hereinafter provided, be entitled to long service leave at the rate of one and three-tenths weeks' on full pay, for each year of their continuous service and a proportionate amount for a part of an incomplete year. (2) An employee who has taken or hereafter takes long service leave shall thereafter again be entitled upon completion of the period thereof to long service leave, but no employee shall be entitled to further long service leave, under this provision, unless and until the minimum period of such leave which may be granted to them hereunder is four weeks. The period of such long service leave shall be calculated as provided in subclause (1) hereof in respect of the whole of the employee's continuous service after deducting therefrom any long service leave previously taken. (3) An employee who has completed or hereafter completes a period ot five years of service but less than ten years of service and who terminated that service or whose employer terminates that service for any cause other than serious misconduct, shall be paid in lieu of long service leave a sum equal to salary at the rate the employee was receiving at the date on which the termination of service became effective for a period as provided in subclause (1) hereof. (4) If an employee who is entitled to any amount of long service leave dies:- (a) before taking that amount of long service leave; or (b) after commencing but before completing the taking of that amount of long service leave, the employer shall pay to the employee's personal representative a sum equal to payment as prescribed by this clause for the period of the amount of long service leave not taken or as the case may be, the taking of which has not been completed by that employee. (5) Should any employee become ill during the period of their long service leave, the employee shall be entitled to. claim sick leave in lieu of long service leave for the period ot such illness and have their long service leave extended for the same period, provided that:- (a) the period of illness is in excess of three working days; (b) a certificate from a duly qualified medical practitioner is submitted covering the period of illness. 5.5 Leave without Pay On application in writing by an employee, the employer may, at its discretion, grant to an employee leave without pay for any purpose: Provided that the required notice period is given by the employee. -- 5 of 7 -- -- 244 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 117 September, 1993 5.6 Bereavement Leave Sub1ect to prompt notice being given to the employer, every employee shall upon the death, illness or injury of a spouse (including heterosexual/homosexual de facto), son. daughter, step-son, step-daughter, parent, step-mother, step-father, brother, sister, step-brother, step-sister, grandson, grandcLiughter, grandparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, or any other person approved by the employer !including a close friend), be entitled to leave of absence without loss of pay, for a period not exceeding three days, and where required, a further period of leave without pay not exceeding five davs. 5.7 Jury Service An emp!oyee required to attend tor 1 ury sen,Ice during ordinary working hours shall be reimbursed by the emplover an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on 1ury service. An employee shal i notity the employer as soon as possible of the date upon which they are required to attend for Jury service. Further, the employee shall give the employer documentary proof ot attendance, the duration or such attendance and the amount received in respect of such jury service. 5.8 Blood Donors An employee who is absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay, for the period involved on each occasion and subject to a maximum of four separate absencPs for thP purpose of donating blood each calendar year: Provided that such employee shall arrange as far as practical for their absence to be as close as possible to the beginning or the ending of their ordinary working hours: Provided further, that the employee shall notify the employer as soon as possible of the time and date upon which they are requesting to be absent for the purpose of donating blood. Reasonable proof of attendance of the employee at the recognised place for the purpose of donating blood and the duration of such attendance, shall be furnished by the employee to the employer. 5.9 Calculation of Continuous Service f-or the purpose of calculating entitlements under this Agreement, service shall be deemed to be continuous notw:thstandi ng:-~ (1) Absence from work on account of paid leave, which shall be taken into account and counted as time worked. (2) Unpaid absences: Provided that unpaid absences shall not be counted as time worked, except that where unpaid absences total less than one week in any year OT employment such absences shall be counted as time worked. \\'here a service is before or after the date of this Agreement, transmitted from the employer (in this subclause called the 'transmitter') to another employer (in this subclause called the 'transmittee') and an employee who at the time of such transmission was an employee of the transmitter in thdt service necomes an employee of the transrrnttee:- (a) the continuity of employment of the employeP shall bP deemed not to have been broken by reason of such transmission; and (b) the period of employment which the employee has had with the transmitter or any prior transmitter shall be deemed to be service of the employee with the transmittee. 5.10 Savings Clause Nothing in this Agreement shall be deemed or construed to reduce the contingent rights to any forms of leave including sick IPave, annual leave, long service leave or unpaid maternity leave which any employee may have accrued, prior to the introduction of the Agreement: Provided that where the accrued sick leave entitlements of any employee prior to the introduction of the Agreement, has been credited with sick leave in respect of any period of service on or after the date of effect of this Agreement, such employee, shall have their accrued sick leave entitlements reduced by the amount of leave so credited. Nothing in this Agreement shali be deemed or construed to reduce the entitlements any employee may have under any other award, agreement or contract of employment. Any new employee shall be bound by this Agreement and shall also enjoy the benefits of any other award pertaining thereto, except where such benefit is expressly dealt with in this Agreement. 5 .11 Adoption Leave (1) Eligibility - These provisions apply to all full-time employees provided in each case that the employee has at the time of proceeding on adoption leave, served for a minimum of twelve consecutive months. On special cause being shown, the employer may grant adoption leave from up to two weeks' prior to the date of taking custody of the child provided that the total period of leave does not exceed fifty-two weeks. (2) Period of Leave - An employee who submits satisfactory evidence of being an approved applicant for the adoption of a_ child who has not attained its first birthday and of the date of placement of the child for adoption may be granted adoption leave by their employer for a period of not more than 52 weeks from the date of taking custody of the child; if the child has attained its first birthday but not its fifth, leave will be granted by the employer in the cases of serious inconvenience or change of environment for the child. Such leave shall have a maximum of 52 weeks provided that the period of leave as granted shall not extend beyond the child's fifth birthday. (3) An employee shal I not be entitled to receive any remuneration in respect ot any period ot absence from duty on adoption leave. (4) Resumption of duty after Adoption Leave - (a) A n employee resuming duty after paid or unpaid adoption leave or such leave together with any unpaid leave, must be placed in their former position in the department from which the employee was granted ieave, or in the case of a position restructured under clause 2.2, in that restructured position with the same salary, and the same grading that the employee previously held, provided that this was not in an acting capacity. (b) An employee on leave without pay must give the employer one month's notice in writing in advance of their expected date of resuming duty, if the leave applied for is for a period of one month or more. (S) Subject to the provisions of the Industrial Relations Act 7990 and any award made thereunder, adoption leave without pay shall not be taken into account for the purpose of calculating entitlement to long service leave, recreation leave, sick leave and salary increases. 5.12 Education Leave ( 1) An employee shal I be entitled to five (5) hours paid leave per week to attend courses approved by the employer. Such leave may be accumulated throughout thf' year and taken prior to examinations or submission of postgraduate thes:s, provided that the maximum to be taken at any one time shall be one (1) week. (2) An employee nominated by the Union shall be entitled to ten (10) days paid ieave per annum to attend TUT A courses provided this is by mutual consent. Where practicable an employee shall give two (2) week's notice of attendance of such a course. 5.13 Maternity/Paternity Leave (1) Eligibility - These provisions apply to all full-time employees provided in each case that the employee has at the time of proceeding on maternity/paternity leave, served for a minimum of twelve consecutive months. 17 September, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 245 (2) Period of Leave - (a) Maternity Leave - (i) Paid Leave - A pregnant employee, who is eli!;iible for maternity leave, is entitled to a maximum_ ot twe_lve weeks' paid maternity leave on the prov1s1on ot a doctor's certificate stating that the employee is pregnant. The pregnant employee is to receive payment on the last day before proceeding on this leave. (ii) Unpaid Leave - An eligible employee is entitled to a maximum of fifty-two weeks of absence including the twelve weeks paid leave and the Union and Public Holidays occurring within the period of paid maternity leave. This allows up to forty weeks optio_nal unpaid leave with respect to each continement, provided that:- (bl (i) (A) such optional, unpaid leave may be commenced up to twenty weeks before the medically certified anticipated date of birth; (B) an employee may make application (which must be supported by a medical certificate) for alteration of the dates and duration of her maternity leave subject to the conditions relating to paid leave as set out in paragraph (i) above, being observed; (C) an employee may apply for all or part of accrued recreation leave or long service leave (subject to entitlement) to be taken in lieu of all or part of the optional, unpaid period of Maternity Leave absence. Paternity Leave - Paid Leave - A male employee is entitled to two weeks' paid leave of absence with respect to the birth of a child or children of whom he is the father, provided that:- (A) such leave is limited to two weeks' in any twelve consecutive months employment and is payable in advance, on the day prior to commencement of such leave; (B) a doctor's certificate relating to the birth of the child or children is produced; (C) the leave may be taken in separate periods of not less than one day at a time, (ii) Unpaid Leave - An eligible male employee is entitled to a maximum of fifty-two weeks of absence including the two weeks paid leave and the Union and Public Holidays occurring within the period of said paternity leave. This allows up to fifty weeks optional unpaid leave with respect to the birth of a child or children of whom he is the father, provided that:- (A) a male employee may apply for all or part of accrued recreation leave or long service leave (subject to entitlement) to be taken in lieu of all or part of the optional unpaid period of paternity leave absence. (B) any period of unpaid paternity leave must be taken within 52 weeks of the birth of the child/children and one month's notice of intention to take unpaid leave be given. (3) Continuity of Service The period of maternity/paternity leave granted shall count as continuous service for all purposes, except that the period of leave to be counted as service for the purpose of calculating annual leave entitlement shall be limited to the period of leave with pay. (4) Resumption of Duty after Maternity/Paternity Leave - (a) An employee resuming duty after paid or unpaid maternity/paternity leave or such leave together with any unpaid leave, must be placed in their former position in the department from which the employee was granted leave, or in the case of a position restructured, in that restructured position with the same salary, and the same grading that the employee previously held, provided that this was not in an acting capacity. (b) An employee on leave without pay must give the employer one month's notice in writing in advance of ,their expected date of resuming duty, if the leave applied for is tor a period of one month or more. (5) Rates of Payment During period of paid maternity/paternity leave or other periods of paid leave taken in connection with maternity/paternity leave, an employee shall receive the same salary as would have been payable had the employee been on duty. (6) Superannuation - During any period of optional unpaid leave, the arrangements will be the same as those applying for periods of leave without pay. (7) Availability of Sick Leave - Sick leave will not normally be granted during maternity leave (paid or unpaid). In cases where medical evidence satisfactory to the employer is provided showing that there are complications associated with the pregnancy, sick leave may be granted. (81 One week additional pregnancy sick leave will be granted to a pregnant employee before maternity leave is commenced. (9) Any money paid for maternity or paternity leave shall not become refundable to the employer if the employee does not return to work for whatever reason. (1 O) Temporary Replacement During Maternity/Paternity Leave - A full-time temporary worker will be employed to carry out the duties of a member of staff on unpaid maternity ieave. The temporary worker will be given at least one week's training by the member of staff due to take maternity leave it that training be deemed necessary by the relevant manager, the staff in the area and the relevant otfice bearer. The temporary member ot staff will continue to carry out the same duties incurred in the position for the duration of the maternity leave. The temporary worker will be employed under the same conditions as other temporary staff, and will be given one month's notice of termination, provided that where the leave coincides with the holiday shutdown period, that person need not be replaced during the period of that coincidence only. (11) Anv member of staff on unpaid maternity leave, or their definitive _proxy, will be notified of any proposed changes to job respons1b1lit1es or def1nit1ons incurred dunn.g that time. Any restructuring of a job in this manner to be rat1t1ed by Managemen_t Committee and Council atter consultation with the Start Association. 5.14 Child Care (1) An employee responsible for the care of a child, and who requires child care during working hours in order to carry out their job, shall be entitled to bring the child to work if they so desire where this does not conflict with the employee's duties. (2) If the employee is directed to work outside normal working hours when the child/children would ordinarily be the employee's care, the employer shall meet the cost ot any necessary child care. (3) This clause shall not be used as a basis of unfavourable discrimination in employing persons requiring child care. PART 6 - MISCELLANEOUS PROVISIONS 6.1 No Extra Claims Undertaking It is a term of this Agreement (arising from the decision of the State Wage Case of October 1989) that the Union undertakes, for the duration of the Principles determined by that decision, not to pursue any extra claims, award or overaward, except when consistent with those Principles. 6.2 Jobskills Trainees (1) A Jobskills Trainee shall be a person engaged pursuant to the Commonwealth Government's Jobskills Programme through a combination of supervised work experience, structured _training on-the-job. Such employee shall be employed as a tull-t1me employee for a period of up to twenty-six (2f,) weeks in accordance with the provisions of the Jobskills Program Guidelines of the Commonwealth Government. (2) Jobskills Trainees may only be engaged by the employer to undertake activities under the Jobskills Program Guidelines. The employer shall ensure that the Jobskills Trainee 1s permitted to attend the prescribed off-the-Job training and is provided with appropriate on-the-job training. -- 6 of 7 -- 246 QU EE NS LAND GOVERNMENT lNDUSTRIAL GAZETTE [17 September, 1993 (31 The employer sha ll prov ide an appropriate level oi supervision in accordance wi th the approved training pl an. (4) Jobs kills Trai nees sha ll be engaged in addition to ex i sting staif levels. Posi tio ns normally held by permanent employees shall not be fi lled by Job skills Tra in ees. (5) Jobs kilis Tra inees are permitted to be absent from work wi th out lo ss of continu ity of employment w attend o fi -the -job tra ining. However, except for absences provided for under thi s i \greemen t, fa ilure to attend for wo rk or training w ithout a reasonable cause will resu lt in l oss of pay for t he period of absence . (6 ) Subj ect to subclause (12) herein, of this Agree ment, al l cond iti on s of this Agreement sh all apply to a Jobski ll s Trainee: Provided that th e required peri od of not ice oi termination of employment pursua nt to this Agreement shall no t apply at t he completion oi t he Job skills peri od of engagement in circu ms tances where the employer specifies in the contr ac t of emp loyment that the employee is engaged as a Jobsk i lls Trai n ee for th e specified peri od oi tim e. (7) A Jobsk ills Tra inee sha ll be allowed up to three d ays time off over the twenty -si x week placement peri od w ithout l oss of pay for the purpose oi aue ndance at interviews for pemianent employmen t: Prov ided that proof of attend an ce at an in terview is produced if requested by the employer. (8) Overtime shal l not be wo rk ed by Jobsk ill s Trai n ees except to enable the req uiremen ts of the tra ining plan to be effected , When overtime is worked, the relevant penalties and allowances of this Agreemen t, based on the Trainee wage, wi ll appl y. No Jobsk ills Trainee shall work overtime on their own and unsupervised. (9) A Jo bskills Train ee sha ll not work on an y sh ift on the ir own and unsupervi sed. (10) The Un ion sha ll be afforded reasonable access to Jobski lls Tra inees for the pur poses of explaining the ro les and functions of the Un ion an d enrolmen t of the Trai nee as a member . (1 1) A Jobs kills Trainee can only be employed wi th the consen t of t he relevan t Secreta1y of the Austra li an Soc ial We lfare Un ion of Emp l oyees (Ql di and consent wi ll onl y be giv en where the employer is ab le to provide clear evidence of appropriate trai ning and supervision of the Tra in ee with rega rd to t he impact of the Tra inee's placement on a particular work si te. (12) Subject to the other provisions of this Agreement, a Jobskills l rainee sha ll rece ive a rate of $280 per wee k. 6,3 Injur ing an Employee on A cco unt of Industr i al Action (I ) The e mp loyer shall not di sm i ss or th rea ten to di smiss an employee or inj ure or threaten to injure them in their employment or airer the ir position or threa ten ro alter t he position to t he ir prej ud ice, by reaso n oi the circum stances that the employee:- ( aJ is or h as been or pro po ses or has at any 1ime proposed to become an office r, delegate or member oi the Austra li an Socia l Wel fa re Union of Emp l oyees (Qld); or (b) i s en titl ed to the benefit oi an industrial agree m en t or an awa rd; or (c) has appeared or proposed to appear as a w i1ness or has given or proposes to give evid en ce in a proceeding under the Industrial Relations Act 1990, as amended; or {d) being a member of the Australi an Soc ial Wel fare Union of Employees (Q ld) wh ich is see king better industri al cond itions, i s d issa1 isii ed with thei r conditi on s; or (eJ has absented them se lf lrom wor k ii:- (i) the absence was for the purpose of carrying out authorised duti es as an otiicer or de l ega te of the Australi an Soc i al Weliare Un ion of Empl oyees (Qld); or (i i) th e officer or del egate appli ed for such absence before they absent ed themse lf and leave was unrea so nab ly refused or w it hheld; or (iii) be ing an offi ce r, delegate or member of the Australi an Social We lfare Un ion of Employees (Qld), has done or propo se s to do an act or thing wh ich is l awful for th e purpose of furthering the i nd u st rial int ere sts of the Un ion or its members being an act or thing done w ithin the lim i ts of auth or ity expressly con ferred on them by the Au st ra li an Social Welfare Un ion of Employees (Qld) in accorda nce with the rules of the Union. (2) The employer sha ll not di smiss or threaten to dismiss an employee or injure or threa ten to injure them in t he ir employment or alter their position to th eir prejudice with the intent to di ss uade or prevent th e employee from becoming such offi ce r,. del ega te or member or from so appearing, giving ev idence or being an officer, del ega te or member of the Austral ian Social \-Ve l fa re Union of Emp loyees (Qld) from doing an act or thing of the kind relat ion to which p arag raph (i) herein appli es. 6.4 Union Right of Entry An offi cer oi the Australian Socia l Welfare Un ion of Emp l oyees (Q ld) aut hori sed in w riting by the Secre tary of the Un io n to act under sect i on 15 , 10 of the Industrial Re l ac io ns Act 1990, as amended, m ay, at any time during working hours, wi1h t he consen t of t he person in charge of the estab lishment, wh ich consent shall not be unreasonably withheld, enter any premi ses in wh ic h work to wh ich th is Agreement appli es i s being carried on, being prem is es specifi ed in the authority or premi ses occupi ed by the employer who i s bound by this Agreement and is specifi ed in the au tho rity for the purpose of ensuring observance of the Agreement, and may for th at purpose inspect any work, books or documents, and copy any books or documents and interview any employee, being a member or a person eligible to be a member of t he Aust ra li an Social Wel fare Un io n of Emp l oyees (Qld ) on those pre mi ses, but an officer so authorised shall not hinder or obstruct an employee in the performance of their wo rk du ring worki ng time. 6.5 Union Del egates (1} An employee accredited by the Un i on in writing, shall be recognised as its job delegate, an d sha ll be allowed th e necessary time during w orking hours 10 consult empl oyees and t he employer on matters affecting empl oyees provided th at t he re presen ta tives notify the employer before interviewing the membe rs . (2) Coll ec tion of Un io n dues during working hours by such represen tat ives sha ll be faci li ta ted by the employer, and sha ll be deducted from the empl oyee's sa lary as per normal accounting procedu res . 6.6 Lea ve to Attend Arbitration Bu siness Leave with pay sha ll be granted to the employee to appear beiore the re levant Industrial Tribunals. Add it ional unpaid leave sha ll be granted to the employee io r the purpose oi prepa ring a case for such proceedin gs. 6, 7 Union Not iceboard .An accessib le space for Un ion no ti ces sha ll be provid ed by the employer. 6 .8 Un ion M eetings U nio n members sha ll be en titl ed to up to four (4) hours per year at a mutua ll y advantageous time in wo rking time with ou t loss of pay for t he purposes of attending Uni on meetin gs. The employer m ay grant addit ion al time ior U nion m eet i ngs on specific request. 6.9 Staff Meet ings Employees shall be en titl ed to one hour per month dur ing normal wo rking hours for t he purp oses of attendi ng Staff assoc iation meetings.", Dated this first day of Ju ly, 1993. By the Commission, (l.5 .) M .J. CA LL EN, In dustrial Reg istra r. 17 Septembe r, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Operative Dat e: 1 July 1993 Va ri ation - M ode rn i sed and Rationalised Industrial Agreemen t Released: 7 September 1993 #################################################### 247 -- 7 of 7 --