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METHODIST LADIES' COLLEGE (NON-TEACHING STAFF - BUILDING TRADES) ENTERPRISE BARGAINING AGREEMENT 1998

NO. OF AG 118 OF 1998 2 3

1. - TITLE

This agreement shall be known as the Methodist Ladies' College (Non-Teaching Staff - Building Trades) Enterprise Bargaining Agreement 1998.

2. - ARRANGEMENT

1. Title 2. Arrangement 3. Parties to the Agreement 4. Relationships to Parent Awards 5. Scope of Agreement 6. Single Bargaining Unit 7 Date and Duration of Agreement 8. Objectives 9. Salary Rates 10. Classification 11. No reduction Clause 12. Leave 13. Efficiency Improvements 14. Superannuation 15. Insurance 16. Salary Packaging 17. Security of Tenure 18. Job Sharing 19. Dispute Resolution Procedure 20. Consultative Committee 21. No Further Claims 22. No Precedent 23. Signatories Appendix G

3. - PARTIES TO THE AGREEMENT

This agreement is made between Methodist Ladies' College and the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers' Union of Australia (WA).

4. - RELATIONSHIP TO PARENT AWARDS

This agreement shall be read and interpreted in conjunction with the Building Trades Award 1968 (No. 31 of 1966).

Where there is any inconsistency between the Agreement and the relevant Award, the Agreement will prevail to the extent of the inconsistency.

5 - SCOPE OF AGREEMENT 4

This agreement shall apply to staff members who are employed within the scope of the award listed in Clause 4.

The number of staff employed within the scope of the Agreement is 2. 5

6 - SINGLE BARGAINING UNIT

The parties to this Agreement have formed a single bargaining unit. The single bargaining unit has conducted negotiations with the College and reached full agreement with the College represented by this Agreement.

7 - DATE AND DURATION OF AGREEMENT

This agreement shall come into effect on 1 November 1997 and shall apply until 31 December 1998. The parties have agreed to meet no later than 3 months prior to the expiry of this Agreement.

8 - OBJECTIVES

The College's foremost aim is to provide a broad, balanced, relevant, holistic and high quality education for students and prepare them for adulthood. Each and every employee, to varying degrees, has an input into the broader education process and through this agreement, should strive to achieve the following objectives:

(a) Re-affirm a mutual responsibility to maintain a working environment that will ensure that the College and its staff continue to be genuine participants and contributors to the College aims, objectives and philosophy.

(b) Safeguard and improve the quality and productivity of services at the College through the continual review of work practices and procedures and upgrading of professional skills and knowledge.

9 - SALARY RATES

(1) The minimum annual rate of salary payable to members of staff engaged covered by this Agreement shall be:

1.11.97 1.1.98 1.7.98 Base rate per week $494.00 $508.82 $529.29 Over Award $ 11.07 $ 11.40 $ 11.94 Composite Allowance $ 18.00 $ 18.54 $ 19.42

The base rate shall include the "Special payment" as prescribed in item 7 clause 2 of the Building Trades Award. As is the case in the current EBA, any safety net adjustments to the relevant award will be absorbed into the overall rate of pay.

The Composite Allowance is to be considered as being in lieu of and covering all items described in item 13 of the Building Trades Award, "Special Rates and Provisions". Previously the Composite Allowance has been included in the total gross rate of pay, but not itemised. 6

(2) In the event of any safety net adjustments being applied in the future to the Award, such shall be absorbed into the salary rates prescribed in this Agreement.

10 - CLASSIFICATION

Within four months of registration of this Agreement the parties agree to discuss, with a view to considering implementation, the Building Trades' classification schedule, based on Appendix D of the Building Trades (Government) Award, 31A/1966. 7

11 - NO REDUCTION CLAUSE

Nothing herein contained shall entitle the College to reduce the salary of any staff member who at the date of this Agreement was being paid a higher rate than the minimum prescribed for the staff member's classification at the time.

Salaries however may be capped at their current rate in cases where remuneration is considered to be in excess of the definitions prescribed in Clause 10 - Classifications.

12 - LEAVE

(1) Long Service Leave

Any employee who has completed eight continuous years of service with the College shall be entitled to ten weeks long service leave on full pay. Pro rata entitlement on termination will be paid after seven years continuous service.

For each subsequent eight years of service the employee shall be entitled to an additional ten weeks paid long service leave.

Part time employees will be paid Long Service Leave on a pro rata basis in accordance with hours worked.

Long Service Leave will generally be taken in its entirety, however in special circumstances, which result in no additional cost to the College, leave may be taken in smaller portions at mutually agreed times.

(2) Parental Leave

The College will grant Parental Leave in accordance with current minimum conditions as contained in the West Australian Minimum Conditions of Employment Act (1993).

(3) Special Family Leave

The College agrees to the employee using three (3) of their sick leave days each calendar year to care for sick members of their immediate family. If more than one day is taken in succession the employee will be required to produce a medical certificate confirming the illness of the person concerned. Leave unused for this purpose will only accrue as normal sick leave.

13 - EFFICIENCY IMPROVEMENTS

(1) Flexibility of Hours

(a) The parties recognise that there is a wide range of duties and responsibilities associated in the operation of a Day and Boarding School. By necessity these duties and responsibilities are undertaken at a range of times during each twenty-four hour span. 8

(b) Appendix G addresses the issue of normal weekly working hours, overtime and other specific provisions for employees covered by this Agreement.

(d) As part of the daily structure of hours each employee will be entitled to a paid fifteen minute tea break, generally in the morning, and an unpaid thirty minute meal break.

(2) Workplace Culture

(a) Employees covered by this agreement agree to work collectively in an effort to achieve the objectives of the College.

(b) Employees will have commitment to and responsibility for the work that they undertake. This will include the ongoing improvement of work practices and the continuous search to provide a better quality of service within their team.

(c) Employees will strive to work together with others from all areas of the College, whether it be in a team or as an individual, to improve the delivery of service. Individuals and teams will take responsibility for finding solutions and be solutions based rather than problems based.

(3) Occupational Safety and Health

The College Council, senior management and staff believe that the safety and health of every one who works and studies at Methodist Ladies' College is important and hence are committed to the successful management of occupational safety and health throughout the school and its associated activities.

The Principal is ultimately responsible for occupational safety and health within the College. Responsibility for the execution of the policy in areas under their control is delegated by the Principal to senior management, managers and supervisors.

Every employee of Methodist Ladies' College is expected to contribute to the achievement of a safe workplace in an atmosphere of meaningful consultation and genuine co-responsibility. To this end all employees of the school will report any hazards and actively consult with members of occupational safety and health committees in the college workplaces about the occupational safety and health of the college community.

(4) Appraisal

The parties agree to work together to develop an ongoing appraisal procedure for all non-teaching staff within the lifetime of this agreement.

(5) Development

Professional development activities will be undertaken partly in College time and partly in the staff members' own time, where feasible, in equal proportions. 9

There will continue to be consultation with staff members in the planning of professional development.

14 - SUPERANNUATION

1. The Superannuation Guarantee Levy, currently seven per cent of ordinary earnings, is payable when an employee’s monthly salary exceeds $450.00.

2. The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

3. The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

4. A nomination or notification of the type referred to in paragraphs (2) and (3) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

5. The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

6. The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

7. If one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or schemes, or one of those funds or schemes nominated by the employer;

or

8. If no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

9. Employees who elect to contribute a minimum five per cent of base gross salary to the College fund will benefit from an additional College contribution to a maximum of ten per cent total College contribution.

10. Salary sacrifice of superannuation payments is available for all staff.

15 - INSURANCE

For the period of this agreement, the College will provide the following insurance cover for all employees covered by this Agreement:

(a) Journey Insurance - As per the Uniting Church Insurance policy. 10

(b) Personal Accident Insurance - As per the Uniting Church Insurance policy effective from the date of ratification of this Agreement.

(c) Salary Continuance Insurance - providing a benefit of seventy-five per cent of normal salary for a period of up to two years following a deferment of ninety days.

16 - SALARY PACKAGING

The College will offer Salary Packaging through the McMillan Shakespeare Group under the terms and conditions detailed in the information package.

17 - SECURITY OF TENURE

If, through no fault of their own an employee's position is no longer viable, the College will endeavour to offer alternative employment in some other area of the College. Nevertheless, there is no guarantee of a position being available.

If alternative work cannot be found, redundancy payments shall be in accordance with the Australian Industrial Relations Commission standard or the Award, whichever is greater.

18 - JOB SHARING

Where job sharing will not inconvenience the College, or be detrimental to the efficient performance of the duties of the position, job sharing will be allowed.

19 - DISPUTE RESOLUTION PROCEDURE

A dispute is defined as any question, dispute or difficulty arising out of this Agreement

The following procedure shall apply to the resolution of any dispute:

(1) The immediate parties to the dispute shall make reasonable attempts to resolve the matter by mutual discussion and determination within five working days.

(2) If the immediate parties are unable to resolve the dispute the employee must make written application to meet with the Principal and/or an appointed delegate in an attempt to resolve the matter.

This meeting must take place within three weeks of the employees, written application, unless otherwise agreed to by the parties, and the employee will have the right to have a representative present.

(3) If the parties are still unable to resolve the dispute, the matter, at the request of either party, shall be referred to a meeting between the parties to the Agreement.

(4) If the matter is not then resolved it shall be referred to the Western Australian Industrial Relations Commission for hearing and determination. 11

20 - CONSULTATIVE COMMITTEE

A Consultative Committee shall be established with equitable representation of the College and employees covered by this Agreement.

The Employee representatives shall be elected by a Ballot of employees.

The Committee shall provide a forum in which to discuss matters that relate directly to the conditions of employment of non-teaching staff. Meetings will be held at least once during each school term for the purpose of planning and monitoring the implementation of this agreement.

21 - NO FURTHER CLAIMS

It is a condition of this Agreement that the parties involved will not seek any further claims, with respect to salaries or conditions, unless they are consistent with the State Wage Case Principles.

22 - NO PRECEDENT

It is a condition of this Agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise agreements, whether they involve the College or not. 12

23 - SIGNATORIES

Signed on behalf of:

Signed Margaret Thomas Chair of Council Methodist Ladies College

Signed Joe McDonald Construction, Mining, Energy, Timberyards, Sawmills And Woodworkers' Union of Australia (WA). 13

APPENDIX G

Building Trades (General) Award – Facilities

(1) Hours of Duty

Employees within this department will be required to work seventy-six (76) hours of normal time during each fortnightly cycle.

(2) Flexibility of Hours

To achieve a greater flexibility in working hours employees will be asked to undertake their normal hours of duty (seventy six per fortnight) at times best suited to fulfil the requirements of the College. This could be at various times between 6 am and 6 pm daily, although generally will be between the hours of 7 am and 4.30 pm.

(3) Overtime

Given reasonable notice, employees will be asked to undertake nominal amounts of overtime. Penalty rates will be as stipulated in the Award.

(4) Public Holidays

Given reasonable notice, employees will be asked to work on Public Holidays when students are in attendance. Penalty rates will be as stipulated in the Award.

(5) Rostered Days Off

The College offers three different applications in regard to employees accruing and taking Rostered Days Off. They are as follows:

(a) Work eight and one half hours per day for eight days in a fortnightly cycle and eight hours on the ninth day. The tenth day is then taken as a Rostered Day Off

(b) Work eight hours per day for ten days in each cycle with all time beyond the standard seventy-six hour fortnight accruing toward Rostered Days Off.

(c) Work seven hours and thirty-six minutes per day on ten days of each fortnightly cycle. With this option no Rostered Day Off is accrued.

Rostered Days Off not taken in any given fortnightly cycle may be accrued to a maximum of three days. All Rostered Days Off not taken will then be paid for at the employees' normal hourly rate of pay.

(6) Annual Leave

The department operates in and around the restrictions imposed by a girl's boarding school and as such, school term breaks are used to allow unrestricted access to boarding houses and classrooms. With this representing the peak times in work loads, employees will generally be asked not to take annual leave during term breaks, except in exceptional circumstances. V A R I A T I O N R E C O R D

METHODIST LADIES' COLLEGE (NON - TEACHING STAFF - BUILDING TRADES) ENTERPRISE BARGAINING AGREEMENT 1998.

NO. AG 118 of 1998

Delivered 15/09/98 at 78 WAIG 3671 Registered as at 15/09/98 Consolidated

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE NO. VARIATION NO. DATE REFERENCE

1. Title 2. Arrangement 3. Parties to the Agreement 4. Relationships to Parent Awards 5. Scope of Agreement 6. Single Bargaining Unit 7 Date and Duration of Agreement 8. Objectives 9. Salary Rates 10. Classification 11. No reduction Clause 12. Leave 13. Efficiency Improvements 14. Superannuation 15. Insurance 16. Salary Packaging 2

17. Security of Tenure 18. Job Sharing 19. Dispute Resolution Procedure 20. Consultative Committee 21. No Further Claims 22. No Precedent 23. Signatories Appendix G

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