ACTIV FOUNDATION SUPPORTED EMPLOYEES WAGES AGREEMENT 2004
AG 121/04 1. - TITLE
This Agreement shall be known as the Activ Foundation Supported Employees Wages Agreement 2004 and replaces Agreement AG 104 of 2003.
2. – AREA AND SCOPE
This Agreement applies to the Disabled Workers Union of Western Australia (“the Union”) Activ Foundation Incorporated (“the employer”) and supported employees of Activ Foundation Incorporated (“the employees”), who are subject to the provisions of the Supported Employees Industry Award 1988 (the Award), within the State of Western Australia.
This Agreement shall be read in conjunction with the Award but will prevail over the Award to the extent of any inconsistency.
It is acknowledged that Activ Foundation Inc. through ACTIV INDUSTRIES does not operate employment services or it’s business solely for the purpose of commercial outcomes. Rather, the organisaton has a dual focus in operating a supported employment service and a range of support services and employment options including vocationally-related training, work experience, assistance with progression to open employment (where possible), as well as maintaining it’s aim to be a viable operating business in it’s own right.
Thus, the primary relationship that exists between the service agency and its employees who are disabled imposes duties and obligations on Activ Foundation that extends beyond that which is generally expected in an ordinary employer/employee relationship
It is further acknowledged that this primary relationship adds additional operational costs of the business enterprise concerned, and may impact on the conditions of employment that can be provided.
3. – TERM
This Agreement shall be for a term of 3 years from the date of registration.
4. – WAGES
(1) An employee covered by this Agreement who works full time, 38 hours per week, shall be paid in accordance with the rates set out in Clause 5. – Wage Rates.
(2) The hourly rate for employees who work part-time shall be calculated by dividing the appropriate weekly rate by 38.
(3) The rate of wage paid to an employee shall be that rate which fairly equates to the productivity and skills of the employee as assessed by the ACTIV INDUSTRIES Competency Based Wages Assessment System (AICBWAS). (4) Any change to the wage level of an employee shall be negotiated by the employer with the employee concerned and the union in accordance with the provisions of this clause.
(5) The employer shall conduct a performance evaluation at least annually on every employee to review his or her wage level and such evaluation shall be based on each employee’s productivity and skill level as assessed through the AICBWAS.
(6) Where an employee is dissatisfied with the outcome of the performance evaluation or any proposed wage variation, he or she may invite the union to further negotiate the matter with the employer.
(7) The employer shall provide the union, on request, with lists of all wage variations for its members covered by this Agreement.
5. – WAGE RATES
(1) The rates of wage payable under this Agreement shall be as follows.
Employees with disability shall be paid a percentage of the Minimum Adult Award Wage that equals the productivity and skill level of the employee assessed in accordance with the AICBWAS. The wage rates prescribed in sub clause (1) hereof shall be altered in accordance with any Percentage (%) change to the Minimum Weekly Rate of pay prescribed under the Minimum Conditions of Employment Act 1993 or under any legislation that replaces such Act.
Employees with disability assessed at the Training and Support Level (T & S) require high support and/or intensive structured training. These wage levels are designed to allow employment for employees who otherwise would not be in employment or those waiting alternative day placement. The percentage so determined shall be adjusted as follows:
% of Min Adult Wage Productivity Module Weekly Rate Hourly Rate $467.40/38hr week Bands (rounded to full number)
1 $21.78 $0.5730 5 T&S 2 $29.04 $0.7642 6 1 $36.30 $0.9551 8 A 2 $43.55 $1.1461 9 3 $50.82 $1.3373 11 1 $58.07 $1.5282 12 B 2 $65.34 $1.7194 14 3 $72.59 $1.9103 16 1 $87.11 $2.2924 19 C 2 $101.63 $2.6745 22 3 $116.26 $3.0594 25 1 $130.78 $3.4415 28 D 2 $145.29 $3.8233 31 3 $159.81 $4.2054 34 1 $174.33 $4.5875 37 E 2 $188.85 $4.9697 40 3 $203.37 $5.3518 44 1 $233.70 $6.1500 50 2 $280.44 $7.3800 60 3 $327.18 $8.6100 70 F 4 $373.92 $9.8400 80 5 $420.66 $11.0700 90 6 $467.40 $12.3000 100
(2) Except for the regression procedure of the AICBWAS, no existing employee will be financially disadvantaged as a result of the certification of this agreement.
6. - ALLOWANCES
These allowances will only be paid when a person is rostered to carry out the work.
Group Leader Allowance When rostered to carry out the work as Group Leader, employees will receive an allowance based on their assessed wage level and the number of employees within the group as follows:
Not less than 3 and not more than 10 employees; 5% of their ordinary weekly rate of pay; More than 10 and not more than 20 employees; 7.5% of their ordinary weekly rate of pay; More than 20 employees; 10% of their ordinary weekly rate of pay.
Cleaning or Canteen Allowance When employees choose to participate in additional rostered cleaning or canteen duties they shall be paid $10 per week or a pro-rata amount for each day worked over the working week.
7. – PAYOUT OF LEAVE
(1) The parties to the Agreement recognise that the accumulation of the leave has become a problem for Activ Foundation. To assist in resolving the situation and to reduce the leave liability, the provisions in sub clause (2), (3) and (4) hereof have been agreed to.
(2) Annual Leave
(a) Subject to the provisions of the Minimum Conditions of Employment Act 1993, by agreement between the employer and the employee concerned, an employee who has in excess of 8 weeks leave accumulated, may request that a portion of that leave be paid out rather than taken as leave.
(b) Only leave in excess of a balance of 4 weeks may be paid out.
(c) Payment in lieu of annual leave will be made in conjunction with a period of annual leave taken or on an undertaking that the employee will take a minimum of two weeks annual leave in that accrual year, unless otherwise approved by the employer. (3) Long Service Leave
By agreement between the employer and employee concerned,
(a) an employee may request and be granted half the period of leave at double pay.
(b) an employee may request and be granted that a portion of an entitlement to long service leave be paid out rather than taken as leave.
(4) Application and Approval
All applications for annual and/or long service leave to be paid out shall be made on the appropriate application form and must be approved by the relevant senior Manager.
8. – DISPUTE RESOLUTION
(1) Preamble
(a) Subject to the provisions of the Industrial Relations Act 1979 (as amended) any question, or difficulty, including any matter arising under this Agreement or any matter raised by the Union, the employer or employee/employees, shall be settled in accordance with the procedures set out herein.
(b) The parties agree that no bans, stoppages or limitations will be imposed prior to, or during the time this procedure is being followed.
(c) This clause in no way limits the rights of the employees and the Union under the Occupational Health, Safety and Welfare Act 1984 or other related legislation.
(2) Procedure
Where the matter is raised by an employee, or a group of employees or the Union, the following steps shall be observed:
(a) The employee(s) concerned and/or the Union shall discuss the matter with the relevant immediate supervisor. If the matter cannot be resolved at this level the supervisor shall, within two working days, refer the matter to a more senior officer nominated by the employer for resolution between the parties.
(b) The senior officer shall contact the union if the union has not been involved at that point and, if able, resolve the matter with the employee and the Union within five working days of it being referred or if not resolved, refer the matter to the Executive Director or his nominated representative for further discussion with the employee and the Union.
(c) The employer shall, as soon as practicable after considering the matter before it, advise the employee(s) and the Union of its decision. Provided that such advice shall be given within 21 calendar days of the matter being referred to the employer.
(d) Should the matter remain in dispute after the above processes have been exhausted either party may refer the matter to Western Australian Industrial Relations Commission. (e) Nothing in this provision shall preclude the parties reaching agreement to shorten or extend the period specified in subclauses (2)(a), (b) or (c).
9. – EMPLOYEES COVERED BY THIS AGREEMENT
This Agreement shall apply to approximately 1000 persons employed by the Employer.
10. – DEFINITIONS
“Open employment” means employment outside the scope of the Supported Employees Industry Award where a person is not employed by a supported employment services or within the supported employment services of an employer that operates such services.
SIGNATURES OF THE PARTIES:
Signed in Perth on this day of 2004
Activ Foundation Incorporated
Executive Director Signed
Signed on behalf of
Disabled Workers’ Union of Western Australia
President: Signed
G. CASSIDY: Signed
Secretary
Signed in Perth on this 29th day June 2004