QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1999, s. 156
Sunshine Coast Regional Carer Respite Service auspiced by the Central Sunshine Coast Committee on the Aging
AND
Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees
(No. CA545 of 2000)
SUNSHINE COAST REGIONAL CARER RESPITE SERVICE – IN HOME CARE WORKERS CERTIFIED AGREEMENT 2000
COMMISSIONER SWAN
15 November 2000
APPLICATION FOR CERTIFICATION OF AGREEMENT
THIS AGREEMENT, made under the Industrial Relations Act 1999, on the sixth day of October 2000, between the Sunshine Coast Regional Carer Respite Service auspiced by the Central Sunshine Coast Committee on the Aging and Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees, witnesses that the parties agree as follows that a Certified Agreement – Sunshine Coast Regional Carer Respite Service – In Home Care Workers Certified Agreement be registered as per Attachment 1.
SIGNATORIES
Signed for and on behalf of the Sunshine Coast ) M COOK Regional Carer Respite Service )
In the presence of – F MOES, JP
Signed for and on behalf of the Australian Liquor, ) R MONAGHAN Hospitality and Miscellaneous Workers Union - ) Queensland Branch Union of Employees )
In the presence of – B VELTMEYER
This agreement is certified under the Industrial Relations Act 1999, chapter 6 part 1.
D A SWAN, Commissioner.
Filed on the seventeenth day of October 2000, certified by the commission and given Register No CA595 of 2000, in the Certified Agreements Register.
Dated this fifteenth day of November 2000.
E C EWALD, Registrar.
Operative Date: 1 September 2000 2
ATTACHMENT 1
SUNSHINE COAST REGIONAL CARER RESPITE SERVICE – IN HOME CARE WORKERS CERTIFIED AGREEMENT 2000
PART 1 PRELIMINARY
1.1 Title
This Agreement shall be known as the Sunshine Coast Regional Carer Respite Service – In Home Care Workers Certified Agreement 2000.
1.2 Arrangement
Subject Matter Clause No.
PART 1 PRELIMINARY
Title 1.1 Arrangement 1.2 Application of Agreement 1.3 Date and Period of Operation 1.4
PART 2 PURPOSE OF AGREEMENT
Objectives 2.1
PART 3 INDUSTRIAL PROCESSES
Relationship to Parent Award 3.1 Consultative Mechanism 3.2
PART 4 NO EXTRA CLAIMS
PART 5 WAGE INCREASES
Dates of Operation 5.1 Savings and Translation Arrangements 5.2 Definitions 5.3 Hours of Work 5.4 Wages 5.5 Employees 5.5.1 Future Wage Increases 5.5.2 Sleep Over 5.5.3 Vehicle Allowance 5.5.4 Occupational Superannuation 5.6
PART 6 TRAINING AND EDUCATION
PART 7 WORKPLACE HEALTH AND SAFETY
PART 8 ENVIRONMENTAL MATTERS
PART 9 ANTI-DISCRIMINATION
PART 10 PROCEDURES FOR PREVENTING AND SETTLING DISPUTES AND GRIEVANCES 3
PART 11 RENEWAL OF AGREEMENT
PART 12 PROVISION TO VARY THE AGREEMENT
1.3 Application of Agreement
The Agreement shall apply to all In Home Care Workers employed by the Sunshine Coast Regional Carer Respite Service.
1.4 Date and Period of Operation
This Agreement will operate on and from the first pay period commencing on the first pay period on or after 1 September 2000 and shall remain in place for a period of twelve months. The parties agree to review the agreement after twelve months in consultation with the In Home Care Workers to ensure the effective implementation of the Agreement.
PART 2 PURPOSE OF AGREEMENT
2.1 Objectives
2.1.1 Through this Agreement, the parties commit to developing and implementing strategies that are designed to recognise and achieve productivity and efficiency improvements in the workforce and to enhance job satisfaction, career pathway, security and remuneration, while aiming to provide the highest quality of service and support.
2.1.2 Commitment of Quality Care—the parties to this Agreement are committed to the highest quality of care and services which provides for an holistic approach with continuity of care, guided by the National Accreditation Program operated by the Quality Improvement Council, and the Australian Council on Health Care Standards and in particular National Standards and Rights and responsibilities for Carers and Service Providers.
2.1.3 Community-based facilities and services involving extended carer respite and their workforce commit to continual improvement in striving to achieve best practice in all aspects of operational and service delivery and quality operational outcomes, as above.
2.1.4 The purpose of this Agreement is to achieve a stable industrial relations’ framework which suits the operational needs of the service.
PART 3 INDUSTRIAL PROCESSES
3.1 Relationship to Parent Award
This Agreement will take precedence over:
the Award for Accommodation and Care Service Employees in Homes for Aged Persons South-Eastern Division
3.2 Consultative Mechanism
The development of effective participative/consultative practices is important in the process of Certified Agreements and can lead to advantages for both employers and employees. Consultative Mechanisms shall be implemented within the workplace.
The form, the structure and method of implementing Consultative Mechanism shall be determined at the workplace level through negotiation between employer, employees and the Union.
The process of Consultation is a mechanism through which employees can be involved in and positively contribute towards decision-making processes. All decisions are encouraged to be reached through Consultative Mechanisms; however, managerial prerogative is acknowledged.
In circumstances where agreement cannot be reached, parties can exercise their right pursuant to the dispute avoidance procedure – Part 10 of this Agreement. 4
PART 4 NO EXTRA CLAIMS
The parties undertake during the life of the Agreement there shall be no further wage increases sought or granted except as provided under the terms of this Agreement.
PART 5 WAGE INCREASES
5.1 Dates of Operation
5.1.1 All In Home Care Workers will be paid in accordance with the hourly wage rates detailed in this agreement, from the first pay period following the date of operation of this agreement.
5.2 Savings and Translation Arrangements
5.2.1 Employees receiving a higher rate of wages than that provided for in this Agreement shall not be reduced in wages as a consequence of the Certified Agreement.
5.3 Definitions
5.3.1 “Employee” means a casual employee who is engaged as such on an hourly basis for less than 76 hours per fortnight.
5.3.2 “Workplace” shall mean the facilities from which the day-to-day activities of the employee are co-ordinated.
5.3.3 “Care Facility” shall mean any house, apartment or premises, licensed or unlicensed, which is used or intended to be used for the reception, care and treatment of persons who, on account of age and/or disability or the effects of illness from which they are convalescent, require support and care and/or supervision. Care Facility also incorporates extended carer respite and day respite.
5.3.4 “Community” shall mean any private residence where employees are engaged in work of a domestic or care nature.
5.4 Hours of Work
5.4.1 Except as hereinafter provided, the ordinary hours of work shall be no more than 76 hours in any fortnight.
5.4.2 The ordinary hours of work shall not exceed 10 on any day, unless specifically negotiated. The spread of usual hours will be worked between 7am and 7pm. At times workers may be required to provide services outside the span of ordinary hours.
Subject to specific negotiation between the service and the employee, hours may span a 24 hour period. In such cases, where low care support is required throughout the 24 hour period and where there will be no interruption to the sleepover period, a flat amount of $150 will be paid for each 24 hour period.
5.4.3 In cases where an In Home Care Worker is required to attend to client need, a minimum payment of one hour will be made. If less that one hours notice is given to the In Home Care Worker to respond to a call a minimum of three hours pay will be paid to the worker, even where they are required for less that three hours. The usual hourly rate will apply after this time.
5.4.4 In cases where a client is not in attendance at a pre-arranged appointment, the In Home Care Worker will be paid a minimum payment of one hour.
5.5 Wages
The rates of wages prescribed by this Agreement are in respect to all employees engaged as In Home Care Workers.
5.5.1 Employees 5
All workers shall be paid an annualised hourly rate of pay which will be in lieu of weekend, shift, public holidays and all other penalties and applicable allowances set out under the Award for Accommodation and Care Services Employees for Aged Persons—South-Eastern Division. The rates payable are as follows:
In Home Care Worker
Rate $16 per hour Public Holiday rate and rate payable where the worker provides support to two or more people $18 per hour This rate of pay will apply when there is only one worker present. If two or more workers are attending the same job the $16 per hour rate will apply irrespective of the number of clients. Where a worker is phoned between the hours of 2000 and 0500 to respond immediately to a crisis call an additional 3 hours pay @ $17 per hour will be paid. In such circumstances a minimum of 6 hours payment at this rate will be made.
5.5.2 Future Wage Increases
All employees shall receive wage increases in accordance with the State Wage Case increases, to apply from the same date when the Parent Award, the Award for Accommodation and Care Service Employees in Homes for Aged Persons South- Eastern Division is varied during the life of this agreement.
5.5.3 Sleep Over
Where an employee is required to sleep overnight on the client’s premises or care facility and is able to have an unbroken nights sleep during the sleepover, eight hours pay will be made for a sleepover of 12 hours.
Where the In Home Carer during the sleepover is required to provide care support they are paid the hourly rate for the night.
5.5.4 Vehicle Allowance
Where employees are required to use their own vehicles in the conduct of their Employer’s operations for travel to and from clients and where project vehicles are not available, they shall be paid according to the following arrangements in respect of the actual distance so travelled by the vehicle:
. The right to negotiate additional payment where the distance is in excess of 10 kilometres . A reimbursement of $5 per job to assist employees and to ensure that they have fuel available in their vehicle. This is equivalent to 10 kilometres and will be paid on each occasion.
5.6 Occupational Superannuation
In addition to the rates of pay of this Agreement, all employees employed under this Agreement shall be entitled to occupational superannuation provisions as prescribed in the Superannuation Guarantee legislation.
The approved superannuation funds are as follows:
. Hesta Super Fund . SunSuper
PART 6 TRAINING AND EDUCATION
6.1 The parties to this Agreement will co-operate in ensuring that appropriate inservice/external training and cross- skilling are available for all employees. The parties also agree to co-operate in encouraging employees to avail themselves of the benefits of such training.
Accordingly, the parties commit themselves to:
(a) Developing a more highly skilled and flexible workforce; 6
(b) Providing employees with career opportunities through appropriate training to acquire additional skills; and
(c) Removing barriers to the utilisation of skills acquired.
6.2 The provision of training of employees shall be consistent with:
(a) The current and future skill needs of the organisation;
(b) The size, structure and nature of the operations of the organisation;
(c) The need to develop vocational skills relevant to the organisation and the aged/ disability industry.
PART 7 WORKPLACE HEALTH AND SAFETY
The parties are committed to achieving healthier and safer jobs through workplace changes aimed at improved efficiency and productivity. This will be accomplished by establishing a consultative approach to managing workplace health and safety issues which includes:
1. Reducing the incidence and costs of occupational injury and illness; 2. Reviewing work and management practices affecting the interrelationship between efficiency, productivity and health and safety; 3. Providing a rehabilitation system for workers affected by occupational injury or illness; 4. A commitment by all parties to the development and practice of continuous improvement in the workplace; 5. A commitment to the implementation of the Workplace Health and Safety Act (Queensland).
PART 8 ENVIRONMENTAL MATTERS
The parties to this Agreement will seek during the life of this Agreement to develop mechanisms for the monitoring of consumption and waste production with a view to reducing both.
PART 9 ANTI-DISCRIMINATION
The organisation shall conduct their operation with a positive awareness of the spirit and the intent of anti-discrimination and equal opportunity legislation. The organisation’s policy in this regard will be based on the following principles subject to this agreement and any mandatory requirements of the position concerned.
10.1 Employ the best person for the available job with regard to the organisations obligations under the Queensland Anti-Discrimination Act and industrial legislation (State and Federal)
10.2 Maintain a workplace free of harassment and victimisation as per the organisations obligations under the Queensland Anti-Discrimination Act and industrial legislation (State and Federal).
10.3 Discrimination on the basis of age is unlawful and will not be seen a an impediment to continuous employment within the organisation.
PART 10 PROCEDURES FOR PREVENTING AND SETTLING DISPUTES AND GRIEVANCES
The parties agree to the principle of “Natural Justice” for all employees. A formalised grievance process is available to all employees to ensure they are treated fairly and equitably.
It is the aim of the parties to ensure that grievances are resolved as quickly as possible and as close to the source of the grievance as possible. a) In the first instance, the employee shall attempt to resolve the grievance with their immediate supervisor or employer and shall be entitled to have a Union representative present if the employee so desires. 7 b) Where any such attempt at settlement has failed or claim 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 employer would be inappropriate, the employee must notify a duly authorised State representative of the Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Queensland Branch Union of Employees, or other personal representative, 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. c) The arrangement of a meeting under (b) above shall take place within seven working days of notification to the employer of a dispute or grievance. d) Whilst the above conciliatory procedure is being followed, work shall continue normally where it is agreed there is an existing custom but, in other cases, work shall continue on the instruction of the employer. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this Clause. e) If the matter is still unresolved, it shall be submitted to the Queensland Industrial Relations Commission.
PART 11 RENEWAL OF AGREEMENT
The parties agree that discussion shall commence in relation to a new Agreement to replace this Agreement no later than three months prior to the expiry date.
PART 12 PROVISION TO VARY THE AGREEMENT
The Agreement may be varied subject to the same consultation and approval process as set out in the Industrial Relations Act 1999.