Brisbane_Indep_Sch__Agreement

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s 156.

BRISBANE INDEPENDENT SCHOOL

AND

QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES (No.CA of 20 )

APPLICATION FOR CERTIFICATION OF THE BRISBANE INDEPENDENT SCHOOL – CERTIFIED AGREEMENT 2001

TO: The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner

Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074 THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 on , BETWEEN Brisbane Independent School and the Queensland Independent Education Union of Employees. All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the party’s signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of Terence Burke which is the attachment marked B. Dated: Form 40, R.139(1).

2 Signature for Brisbane Independent School (signature) (witness to sign) (print name (print name) (position, title office etc) Signed for the Queensland Independent Education Union In the presence of: (signature) (witness to sign) (print name) (print name) (position, title office etc) This agreement is certified under the Industrial Relations Act 1999, chapter 6, part 1. (name of commissioner) Industrial Commissioner Filed on , certified by the commission and given Register No in the Certified Agreements Register. Dated

Industrial Registrar Operative date:

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(Last page)

PARTICULARS OF THE EMPLOYER Name: Brisbane Independent School Business address: 2477 Moggil Road, KENMORE QLD 4069 Address for service: As above Phone number or contact phone number: 3378 5466 Fax number: 3378 5109 [IF EMPLOYER HAS AN AGENT (An appointment of agent form must accompany this application, R 12(1)(l) Employer’s agent’s name: and corporation or business name: Agent’s business address: Address for service: Phone: Fax: E-mail address (if any):] PARTICULARS OF OTHER PARTY (The following information must be provided. If there is more than 1 other party this information must be given for each other party except if the agreement is between an employer and the employees then - only particulars of the employees’ representative should be given). Name: Dr Paul Giles of the Queensland Independent Education Union of Employees Residential or business address: 117 Fortescue St, SPRING HILL QLD 4000 Address for service: As above Phone or contact phone number: 3839 7020 Fax number: 3839 7021 E-mail address: www.qieu.asn.au

4 BRISBANE INDEPENDENT SCHOOL ARRANGEMENT Subject Page No.

1. PRELIMINARY 5

1.1. Title 5

1.2. Application 5

1.3. Date and Period of Operation 5

1.4. Certified Agreement Posting 5

2. RELATIONSHIP TO THE AWARDS 5

2.1. Relationship with Parent Awards 5

2.2. Single Bargaining Unit 5

2.3. Grievance and Dispute Settlement 5

2.4. School Consultative Committee 6

3. RELATIONSHIP TO THE AIMS OF THE SCHOOL 7

3.1. Mission Statement 7

3.2. Educational Guidelines 7

3.3. Objecti ves of the Agreement 11

4. WAGES AND CONDITIONS 12

4.1. Wage increases 12

5. EFFICIENCY & EFFECTIVENESS INITIATIVES 12

5.1. Bullying & Harassment in the Workplace 12

5.2. Special Leave Provisions 12

5.3. Induction Process 13

5.4. School Year 13

5.5. Recognition of Union Status 13

6. FUTURE RE-NEGOTIATION OF AGREEMENT 13

6.1. Variation, Renewal or Replacement of Agreement 13 SCHEDULES A WAGE RATES B FAMILY LEAVE AWARD STATE

5 1. PRELIMINARY

1.1. Title

This Agreement shall be known as the Brisbane Independent School Certified Agreement 2001.

1.2. Application

This Agreement shall apply to the Brisbane Independent School, its employees and the Queensland Independent Education Union of Employees.

1.3. Date and Period of Operation

This Agreement shall operate from the date of Certification by the Queensland Industrial Relations Commission and shall remain in force until 1 October 2001.

Where it is agreed between the Parties that a provision in this Certified Agreement shall operate from a date earlier than the date of Certification by the Queensland Industrial Relations Commission, then that provision shall operated form the earlier date.

1.4. Certified Agreement Posting

A copy of this Certified Agreement shall be exhibited in a conspicuous and convenient place at the School so as to be easily read by employees.

2. RELATIONSHIP TO THE AWARDS

2.1. Relationship with Parent Awards

This Agreement shall be read and interpreted in conjunction with Awards having application to or adopted for the purposes of Section 160 and Section 163 of the Industrial Relations Act 1999, as set out hereunder except as varied by the terms of this Agreement –

• Teaching Staff Teachers’ Award - Non-Governmental Schools and

Industrial Agreements pertaining to that Award

In the event of any inconsistency with existing Awards, the terms of this Agreement will take precedence.

2.2. Single Bargaining Unit

For the purposes of negotiating and establishing this Certified Agreement a Single Bargaining Unit was formed and comprised employee representatives from Brisbane Independent School and the Queensland Independent Education Union of Employees, on the one hand and the employer representative of Brisbane Independent School on the other.

2.3. Grievance and Dispu te Settlement

Parties should use their best endeavours to resolve disputes amicably and should only resort to formal process when all else has failed.

(1) The matters to be dealt with in this procedure shall include all grievances or disputes between an

employee, a colleague and the Employing Authority in respect of any industrial matter and all other matters that the parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees.

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(2) In the event of an employee having a grievance or dispute the employee shall, in the first instance,

attempt to resolve the matter with the Parent-Staff Liaison Officer, who shall respond to such request within one working day.

(3) If the grievance or dispute is not resolved under subclause (2) hereof, the employee or the

employee's representative may refer the matter to the School Executive for discussion. Such discussion should be placed on the Agenda for the next Executive meeting.

(4) If the grievance or dispute is still unresolved after discussions listed in subclause (3) hereof, the

matter shall, in the case of a union member, be reported to the State Secretary of the relevant Union of Employees and the Employing Authority. An employee who is not a union member may report the grievance to a Special General Meeting of the Brisbane Independent School. This action should occur as soon as it is evident that discussions under subclause (3) hereof will not result in resolution of the dispute.

(5) If, after discussion between the parties, as outlined in subclause (4), the dispute remains unresolved,

then notification of the existence of the dispute is to be given in pursuance of Section 229 of the Industrial Relations Act 1999 .

(6) Whilst the foregoing procedure is being followed normal work shall continue except in the case of a

genuine safety issue.

(7) Except in the case of termination, the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

(8) All parties shall give due consideration to matters raised or any suggestion or recommendation

made by an Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute.

(9) Any order of the Queensland Industrial Relations Commission (subject to the parties right of appeal

under the Act) will be final and binding on all parties to the dispute.

(10) Discussion at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in pursuance of Section 229 of the Industrial Relations Act 1999 .

2.4. School Consultative Committee

The Parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of the School. The Parties also accept that according to the authority and responsibility structure of School, final decision making remains the prerogative of the Employing Authority. The Employing Authority, in coming to decisions, is committed to the process of consultation with employees.

The Single Bargaining Unit will become the School Consultative Committee. The purpose of the School Consultative Committee under this agreement is to: • provide an environment for two-way communication; • provide management with the opportunity to utilise employee knowledge and experience; • address issues and provide advice to the School regarding matters arising from this Agreement; • monitor the implementation of the Agreement; and • recommend items to be included in the next Agreement.

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3. RELATIONSHIP TO THE AIMS OF THE SCHOOL

3.1. Mission Statement

Brisbane Independent School celebrates nurturing children to become confident, happy, independent learners in the warm and safe natural learning environment of Brisbane Independent School.

Brisbane Independent School is preparing children for the diversity and demands of the future by allowing choice and responsibility.

3.2. Educational Guidelines

A teacher at Brisbane Independent School (BIS) is not filling the same role as a teacher at a mainstream school. The following guidelines have been developed to assist teachers in understanding what the parent body expects from its employees.

These guidelines will evolve and change with time but will stand until replaced.

Central to these guidelines is the concept that the child is a person in fundamentally the same way that an adult is a person. This is a concept that is frequently accepted in theory but ignored in practice. Their lack of experience of the world, their lack of adult skills and knowledge, their immaturity (in the literal - not perjorative - sense of the word) and their almost complete lack of power to influence their environment means that their preferences and desires are often considered secondary to that of the adults around them in a way that would be considered patronising and repressive if applied to an adult. Certainly, the adults around them need to use their superior power and knowledge to arrange life for children, but this does not extend to taking advantage of it. Similarly, children's desires are not more important than those of adults, and certainly adults owe a responsibility to influence children's behaviour and customs (this is enculturation) but we need to take seriously the idea that children are owed the respect and the consequences that we give adults. What does this mean in practice? It means that we do not expect "adult" behaviour from children (which is unrealistic) but similarly we do not patronise them by imposing over protection either. Their opportunity to learn from the consequences of their behaviour needs to be fundamentally similar to those we grant adults. We will stop a child from doing something that would seriously harm them or others - just as we do for adults. But at the same time we will allow them the freedom to exp erience lesser consequences - physical or social - even if it sometimes makes us wince. We will treat people with respect whether they are children or adults. When people overstep our boundaries we will respond to resolve the conflict whether they are children or adults. Just as we adapt our approaches depending on the personality of the adults we deal with, we will adapt our approaches to take into account the fact that a child is also a person. We will only fundamentally make this distinction when it is necessary. Another important belief is that good teachers are good not because they use good practise - they are good because they embody good practice. In other words, good teachers teach well almost despite themselves. They certainly make an effort, but are usually successful because their experience over time has become second nature. We assume that anyone proficient in any field has the same embodiment. The good painter paints with an awareness of technique but without the need to think hard about the technique itself. The good surgeon doesn't need to follow a step-by-step guide to a procedure; the knowledge embodied in a good craftsman cannot be replicated simply by knowing what he does. Therefore this guideline is not an attempt to define what makes a good BIS teacher. It is a reference for a good teacher to check against to see whether he or she is staying on the right track with respect to the desires of parents at this school, as compared to other types of school. It is therefore a frame work of operation - terms of reference. The responsibility of the BIS parent body is to select and hire good teachers, not make good teachers. Within this frame of reference we recognise that: • Teachers are people with distinct and varying personalities and histories; • The techniques employed by teachers are hopefully varied and creative; • Teachers cannot be all things to all parents; • Teachers require and deserve respect and appreciation.

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At the same time we require that teachers:

• Make an effort to understand the idiosyncrasies of the BIS environment; • Respect and value the knowledge that parents have about their children.

Core Beliefs 1 Children will learn (ie children are geared to learn - it's part of their biological inheritance. Of course what they learn will depend on several factors2, and will not necessarily comprise those things that our current society regards as important. Thus there may be an inherent conflict between what children will prefer to learn and what we think they ought to learn. This is more of a problem for some parents than for others).

Learning is not necessarily the product of formal teaching (this has two aspects): (i) learning is something that happens in the learner - it cannot be guaranteed simply by the provision of "teaching", otherwise we would be able to teach stones. The motivation and developmental ability of the learner are critical to learning occurring. (ii) learning takes places at every moment of a child’s life and in multiple settings. Our society has organised some learning in an institutional way with a formal setting - the "class" - for several reasons, many of which are pragmatic in nature (eg cost efficiency, specialisation of skills, and sometimes even because it can sometimes be efficient for the acquisition of some skills). This does not mean that this formal structure is necessary nor sufficient for learning to take place. At BIS we hope that the learning style and structure will be flexible and adapt largely to the learning needs and motivations of children rather than primarily for the organisational needs of the school (although these too are considered valid).

The development of the WHOLE child is integral to his/her self-esteem and enthusiasm for learning. A child's social, emotional, physical, and cognitive development are of equal importance (ie an unhappy child will not learn other skills effectively. A physically skilled child needs intellectual skills as well - and vice versa. Social skills and morality are critically important in a civilised education, if we hope to have children who are independent, confident, responsible and good - as well as intellectually or physically skilled).

Guidelines derived from these beliefs 1. Make use of the opportunities of the moment:

- everyday activities present countless opportunities to learn; - formal lesson plans are prescriptive and restrict the freedom of the children; - Learning opportunities offered to the children need to be appropriate to that child's area of

individual interest.

The key here is to acknowledge motivation as a key to learning in practice as well as in principle. This leads to the need for a flexibility to "follow the children" ie use the children's current interests and motivations as the starting point from which teaching/learning happens. This doesn't mean that a teacher should not attempt to stimulate children's interests in particular directions, since the teacher has a broader experience than the child. Nor does it mean that a teacher should slavishly follow each individual child's whims; immediate interests in children may change rapidly and will certainly require some group consensus. Similarly some preparations may have to be made for certain negotiated activities. However this guideline encourages teachers following up their knowledge of a child's personal interests and discourages a teacher deciding beforehand what activities children will do primarily because they suit the teacher's notions of what children ought to learn or do, against the children's clear interests. If the children are largely bored, the parents will be largely unhappy.

2. Be spontaneous and creative in the use of play and activities chosen by the child to teach core skills

e.g. literacy and numeracy

1 Core beliefs are guiding principles that BIS parents share. They are intended to help understanding in a general, not a specific way. They represent the background from which our concrete principles are derived. 2 These may include (i) the particular things that we have the opportunity to experience (eg computers were not an option 100 years ago) (ii) our innate tendencies to be interested in certain things, which will vary with gender and personality, (iii) the results of our social/group behaviour - eg what things do our peers/group/society (decreasing influence) regard as valuable (Pokemons?) (iv) our situation (eg how much we are forced by circumstances to learn particular skills). Note this may include social skills - negotiating, diplomacy, use of power - as much as intellectual or physical skills. It is also amoral; a child may effectively learn and use skills that we regard as undesirable.

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Literacy is not like history and science. It is a skill, not a knowledge base and it is a necessary skill to acquire further knowledge in our society (not in many societies!). Numeracy is also a skill but is primarily - at the primary school level - a life skill which is necessary for practical reasons in society rather than primarily for acquiring further knowledge (although this aspect does exist). Therefore literacy in particular is a crucial part of primary school education. Note however, that firstly this skill is foremostly a practical requirement, not as a virtue in itself, and that the timing of literacy is not necessarily fixed either. Therefore at BIS we hope that literacy will be presented to children only when they are ready for it, and in a way that the benefits it offers are so obvious to a child that the child will be strongly motivated to learn without the need for external pressure. Partly this involves working this skill into activities that the child is already motivated to do; partly it requires structuring the environment so that the child discovers the need for the skill and has the support that makes the learning as gradual as the child needs, as easy as possible, so that the child does not feel a sense of failure at meeting the challenge entailed, but rather a sense of empowerment at their growing skills.

3. The content and timing of lessons are to be by mutual arrangement.

Some forms of learning experience can only take place at particular times and places and with a certain amount of preparation. Our archetypal example involves learning to cook a chocolate cake which requires a mutual agreement re place (the kitchen), time and with the correct ingredients to hand. Therefore there is a need to negotiate times, places and content for such experiences. It goes without saying that for this to be mutual, the children must be willing participants or (preferably) the initiators. The role of the teacher is to reveal to the children what is possible in terms of such experiences, and perhaps introduce them to the possibilities. Such arrangements also offer opportunities to explore other important "educational" concepts such as personal freedom (to choose the direction of one's life) social consensus and democracy, negotiation of needs (eg re timing), responsibilities (eg in sticking to agreements, in children participating in the preparation), consequences (if agreements are not stuck to by either party) and conflict resolution.

4. Education at BIS is a seven-year plan: skills will be acquired gradually at the child's pace and in no

specific order. The spirit behind this guideline is the observation that firstly, children differ in their readiness for learning particular intellectual, physical and social skills, that there is no point trying to learn skills before they are ready (in fact that it is frustrating and harmful), and that motivation is a key element in learning a skill and that learning should be a result of motivation, not motivation simply a tool to achieve learning. Clearly, some tasks also require a foundation of other tasks - one can't learn calculus before arithmetic - and this imposes a certain natural order on learning skills; but this is not what this guideline refers to. Once again it is an exhortation to observe in practice, not just in lip service the requirement for both readiness and motivation in the learner. The "seven year plan" is an ideal which emphasises the need for patience not just over days or weeks, but if necessary over years, and to consider what proportions of the actions of a teacher or parent are due to the child's long term interests as compared to the adult's anxiety, need for observable progress or self-validation.

5. The needs of a child are identified by negotiation between child,

parent and teacher

The needs of teacher, parent and child are all valid, but often different. Often, because of a lack of power, the needs of a child are overlooked in the negotiations between the differing needs of the parent and teacher. We are not referring here to the whims of a child, nor to attempts by individuals 3 to manipulate others. We are talking about the difficulty in really listening to children - with an adult perspective, certainly - and putting aside our adult preconceptions to try to (as best as we can) understand where the child perceives their needs to be. This is a difficult task for two reasons. Firstly, we tend to hold dear to ourselves our own analysis of any given situation, which blinds us to the real viewpoint of a child (even if we consider ourselves as siding with the child). Secondly, children are less practised at articulating their viewpoint and often need to be drawn out with sensitivity. Sometimes they simply can't be drawn out, and we have to make do with guesses. The reason for focussing on the child is that both parents and teachers have adult - if varying - levels of power. Children usually have much less.

6. The teacher's role is to integrate the needs of the child into the child's area of current interest.

3 Children may manipulate adults and vice versa. We consider this a potential characteristic of all humans so do not wish to make artificial distinctions between children and adults here.

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Children's interests may fluctuate rapidly and be influenced from minute to minute by their physical state and the dynamics of the group. Nonetheless, at any particular time, individual children will have a set of "current interests" or foci which have some permanency. A knowledge of these allows adults to predict with some accuracy what is likely to interest a particular child, and thence to roughly plan activities for a child or group of children. At the same time, immediate and transitory interests - eg the discovery of an interesting insect or social reality - can also be exploited even though it cannot be planned for. The term "the child's needs" begs the question of what these needs really are. If by "need" we mean the education criteria laid down by the Qld curriculum then definition is already performed. We imagine, however, that the term is much more wide-ranging and every person will have their own version. The definition of "needs" by the child will tend to be short term and to reflect immediate feelings. This should not blind us to the validity of them even if their scope is limited. Parents have an intimate definition of "need" which is connected to their aspirations for the child and their philosophy of education (e.g. education as equipping the child with skills for life; education as enculturation, education as discovery etc).

Core Belief: Self-esteem and self-confidence are vital attributes for a fulfilling life.

Guidelines from these beliefs:-

1. Guiding (encouraging not coercing) a child through the challenging parts of their learning builds their

confidence.

2. Allow children to set their own pace. If a child is pressured to perform an activity against its will, a resistance to learning may result, creating long-term problems. An apparent block to learning that conflicts with the needs of the child should be addressed by the teacher, usually in consultation with his/her parents.

3. Use a process of learning that encourages trial and error, encouraging children to have a go and

valuing the lesson of mistakes.

Core Belief : Social skills are an important part of what is learnt at school

Guidelines from these beliefs

1. Encourage children to mix across age and skill groupings. Teachers are to integrate planning across age groups on a daily basis, encouraging children to learn from each other as well as adults.

2. Develop the children’s conflict resolution and negotiation skills.

3. The whole school meeting is a vehicle for democracy valuing the input of every individual (child,

parent and teacher). The purpose of the meeting is to empower children to organise their learning environment and make decisions about group activities (e.g. excursions). The process of the meeting develops the children’s understanding of consensus. This means that when a decision by the group conflicts with the needs or desires of an individual or minority, a teacher or other facilitator should try to foster a win-win solution. Should this fail, the BIS Grievance Procedure should be invoked.

4. Develop the children’s understanding of their place in the broader community, to value and respect

others, as well as themselves.

5. Where the needs of an individual (child, parent or other teacher) appear to conflict with the needs of the group an arbitrator will make a decision (this arbitrator will initially be the parent-staff liaison officer). Any party will have the right to appeal in person to the next executive meeting or to institute a formal grievance procedure (2.3 of this document).

Core Belief: Modelling is a major mechanism of learning Guidelines from these beliefs

1. Parents involved in the school environment are to follow the same guidelines as teachers because they

are active role-models.

This guideline was included, as an attempt to address the issue of adult behaviour within the school (as there is a lot of parent involvement on a daily basis in the running of the school). The word

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modelling is not to be taken as an educational definition but as a term to describe the fact that children are influenced by the adult behaviour they see and hear.

It was felt that all adults should treat one another with respect and courtesy as that’s what we are expecting the children and teachers to be doing.

Core Belief: Play is children’s work


1. BIS believes in the child’s intrinsic desire and ability to learn from every situation so that there is no

imposed distinction between work and play – only the continuum of living. 2. Play can be thought of as any activity that, at its commencement, does not have a defined outcome. It

develops flexibility and a lateral creative approach to life. Play is invaluable for the opportunities it gives us to think, experiment and create.

3. Play is considered a valuable and essential part of learning needed to develop the necessary social,

physical and psychological skills for becoming an independent adult. It forms an essential role in developing a playful approach to learning throughout life.

4. Keeping a playful attitude towards learning is an integral part of acquiring the adaptive skills

necessary to thrive and meet the upcoming challenges of the 21st century. Our post industrial society is one of change and randomness. An ability to play will help us to cope in this changeable culture and make us adaptable.

5. We support the notion of learning as a continuous process, visible in every moment of our lives.

Traditional division of work and play cease to exist as the child realises that life is a process of learning.

6. Students should be free to access concepts as they hold interest rather than when staff decide they

should. 7. Playfulness de-emphasises the need to be perfect and in turn increases self-esteem. This attitude can

also increase a child’s willingness to develop interpersonal relationships through co-operative play.

8. Children who employ a playful approach are more likely to see academic and personal problems as puzzles or challenges that fuel motivation and desire to pursue solutions. By having a playful approach to real-life decisions a person will better accept making mistakes and be more likely to learn from them.

Core Belief: The educational process at BIS relies on a co-operative and respectful sharing of power between children, teachers and parents.


1. Traditional adult “power-over” tactics are discouraged.

2. We rise to the challenge of sharing power and responsibility equally between children, parents and

teachers. Excepting health and safety concerns, a teacher should avoid controlling the outcome of children’s interactions. When conflict arises the teacher’s role is one of mediator and advocate – facilitating an outcome that aims to satisfy all parties.

3.3. Objectives of the Agreement

The agreed objectives of this Agreement are:

1. To maintain and improve productivity, efficiency, flexibility and effectiveness of the School through the implementation of agreed measures which will significantly increase the performance of the School and offer secure and worthwhile employment for its employees.

2. To maintain a co-operative and participative approach to implement increased and sustained improvement in performance across all areas of the School.

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3. To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in education.

4. To develop management systems and work practices that are capable of assuring all stakeholders of the quality of the School.

5. To maintain the School as a non-elitist agency of services to the community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage.

6. To maximise the learning opportunities for students through quality teaching.

7. To provide educational guidelines and philosophy for the school community.

8. Enhance salaries and conditions for employees at the Brisbane Independent School.

4. WAGES AND CONDITIONS

4.1. Wage increases

(a) All employees shall receive a 4% wage increase as from the date the agreement is certified; (b) The parties are committed to obtaining parity of salary with teachers employed by Education

Queensland. (c) The above increases will apply to any school based allowances prescribed by the parent Awards listed

in this Agreement. (d) The salaries and allowances for each classification are shown in the attached schedule A.

5. EFFICIENCY & EFFECTIVENESS INITIATIVES

5.1. Bullying & Harassment in the Workplace

The parties to this agreement consider any form of harassment, bullying or violence in the workplace to be unacceptable behaviour. All staff and students should be able to work in an atmosphere based on mutual respect and the dignity of each individual.

The grievance procedure 2.3 may be used for the immediate address of grievances of harassment, bullying and violence in the workplace.

5.2. Special Leave Provisions

(a) Family Leave

The provisions of the Family Leave Award - State are deemed to form part of this Agreement.

(b) Long Service Leave

The Parties agree that employees shall accrue a long service leave entitlement on the basis of thirteen (13) weeks for each ten years of eligible service. Long Service Leave may be taken after ten (10) calendar years of continuous service notwithstanding that the period of leave entitlement accrued may be less than thirteen (13) weeks.

All other provisions of the Industrial Relations Act 1999 as it applies to Long Service Leave shall apply. A payment equivalent to the salary entitlement for accrued Long Service Leave will be paid after seven (7) years in the event of genuine redundancy, death, or permanent disability resulting in unemp loyment.

(c) Leave Without Pay

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Employees may access leave without pay up to a period of 3 months provided a minimum of 6 weeks notice is provided to the School Executive. Leave without pay may be provided to employees in cases of emergent needs subject to the approval of the School Executive.

5.3. Induction Process

An agreed Induction Process shall be developed by the Parties during the life of this Agreement.

5.4. School Year

It is not the intention to vary the present quantum of vacation periods of staff. Any proposed variation to this Agreement which may arise as a result of changing educational needs shall be subject to consultation and negotiation between the parties.

5.5. Recognition of Union Status

The employer recognises the Queensland Independent Education Union of Employees as the legitimate industrial representative of employees according to its callings. The employer and the Queensland Independent Education Union of Employees are committed to working constructively together to further the interests of education. The Employing Authority shall facilitate visits by Officers of the Queensland Independent Education Union of Employees subject to the provisions of the Industrial Relations Act 1999.

6. FUTURE RE-NEGOTIATION OF AGREEMENT

6.1. Variation, Renewal or Replacement of Agreement

Subject to satisfactory implementation of this Agreement the Parties agree to re -open negotiations by 1 April 2001 with a view to negotiating a replacement Agreement. Further the Parties agree to monitor the implementation of the Agreement through the SBU and identify issues suitable for negotiation in a replacement agreement. The Parties agree that this Certified Agreement may be varied by amendment in circumstances where all of the Parties genuinely agree that a variation is necessary. Any amendment to this Certified Agreement will be subject to the same consultation and approval process as that used for the Certified Agreement.

This clause will operate pursuant to Section 169 of the Industrial Relations Act 1999.

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SCHEDULE A Wage Rates

4% From Date of Certification BRISBANE INDEPENDENT SCHOOL

Per Hour

4% from date of CertificationPer Hour

(Clause 15 (1)(a) Casual)

(Clause 15 (1)(a)Casual)

Band 1Step 1 1051.20 19.8340 23.6024 20.2306 20.4290 20.6273 27425 1093.25 20.6273 24.5465 28522Step 2 1078.60 20.3509 24.2176 20.7580 20.9615 21.1650 28140 1121.74 21.1650 25.1863 29265Step 3 1112.00 20.9811 24.9675 21.4008 21.6106 21.8204 29011 1156.48 21.8204 25.9662 30171Step 4 1147.40 21.6491 25.7624 22.0820 22.2985 22.5150 29935 1193.30 22.5150 26.7929 31132

Band 2Step 1 1172.90 22.1302 26.3349 22.5728 22.7941 23.0154 30600 1219.82 23.0154 27.3883 31824Step 2 1231.90 23.2434 27.6596 23.7083 23.9407 24.1731 32139 1281.18 24.1731 28.7660 33425Step 3 1290.70 24.3528 28.9799 24.8399 25.0834 25.3269 33673 1342.33 25.3269 30.1391 35020Step 4 1349.60 25.4642 30.3023 25.9734 26.2281 26.4827 35210 1403.58 26.4827 31.5144 36618Step 5 1408.60 26.5774 31.6271 27.1089 27.3747 27.6405 36749 1464.94 27.6405 32.8921 38219

Band 3Step 1 1453.70 27.4283 32.6397 27.9769 28.2512 28.5254 37926 1511.85 28.5254 33.9453 39443Step 2 1502.90 28.3566 33.7444 28.9237 29.2073 29.4909 39209 1563.02 29.4909 35.0941 40778Step 3 1552.00 29.2830 34.8468 29.8687 30.1615 30.4543 40490 1614.08 30.4543 36.2407 42110Step 4 1601.10 30.2094 35.9492 30.8136 31.1157 31.4178 41771 1665.14 31.4178 37.3872 43442

Teachers(Based on Teachers' Award - Non-Governmental Schools)

Per HourAs of

14 May 0121%

Per HourAs of

2 Oct 0122%

Per HourAs of

2 Apr 0123%

4% from date of Certification

Per Fortnight

4% from Date of CertificationPer Hour

Per Fortnight

Classification Per HourPer

Annum

4% from date of Certificaton Per

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SCHEDULE B

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 – s. 125 – application to make, amend and repeal award

Queensland Council of Unions AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. B1425 of 1999)

FAMILY LEAVE AWARD

VICE PRESIDENT LINNANE COMMISSIONERS FISHER AND BROWN 16 May 2000 1.

REPEAL AND NEW AWARD THIS matter coming on for hearing before the Commission at Brisbane on 26 November 1999, 13 December 1999, 21 January 2000 and 21 February 2000, this Commission doth order that the said Award be repealed and doth award as follows as from the third day of April, 2000:–

FAMILY LEAVE AWARD

Arrangement of Award Subject Matter Clause No. PART 1 – PRELIMINARY Title ...........................................................................................................................................................................1.1 Award Coverage.....................................................................................................................................................1.2 Date of Operation ...................................................................................................................................................1.3 Award Posting.........................................................................................................................................................1.4 Grievance Process..................................................................................................................................................1.5 Employer’s Obligation ..........................................................................................................................................1.6 PART 2 – TERMS AND CONDITIONS

Maternity Leave......................................................................................................................................................2.1 Parental Leave.........................................................................................................................................................2.2 Adoption Leave.......................................................................................................................................................2.3 Part-time Work........................................................................................................................................................2.4 Exclusion..................................................................................................................................................................2.5 PART 3 – SPECIAL RESPONSIBILITY LEAVE

Use of Sick Leave...................................................................................................................................................3.1 Unpaid Leave for Caring Purposes......................................................................................................................3.2 Annual Leave ..........................................................................................................................................................3.3 Time Off in Lieu of Payment for Overtime .......................................................................................................3.4 Make Up Time ........................................................................................................................................................3.5 PART 4 – BEREAVEMENT LEAVE/COMPASSIONATE LEAVE SCHEDULE PART 1 – PRELIMINARY 1.1 Title This Award shall be known as the Family Leave Award 1.2 Award Coverage This Award applies without limit of time, throughout the State of Queensland to all employers and to all their employees.

The Commission further orders exemption from the application of this Award in respect of those employers and classes of employers and employees and classes of employees in all localities throughout the State of Queensland, who are engaged in a calling or callings to which this Award applies:–

1.2.1 Who are parties to or bound by an award or industrial agreement which:

(a) Is not listed in the schedule of relevant awards and/or industrial agreement as appended to this Award from time to time; and

(b) Does not contain a Parental/Family Leave clause, which makes direct reference to the Family Leave Award.

1.2.2 Between whom, and in respect of any employment contract, there is not in force an award or industrial agreement.

1.3 Date of Operation This Award shall take effect and have the force of law as from:–

(a) The third day of April 2000 for those awards and industrial agreements contained in the Schedule to this Award at that date.

(b) The date of operation thereafter specified in the Schedule for any award or industrial agreement subsequently

added to the Schedule of this Award. 1.4 Award Posting A true copy of this Award shall be exhibited in a conspicuous and convenient place on the premises of the employer so as to be easily read by employees. 1.5 Grievance Process In the event of any dispute arising in connection with any part of this Award, such a dispute shall be processed in accordance with the dispute settling provisions of the relevant/parent Award. 1.6 Employer’s Obligation 1.6.1 On becoming aware that an employee or an employee’s spouse is pregnant, or that an employee is adopting a

child, an employer must inform the employee of: (c) (a) The employee’s entitlement to parental leave under this award. (b) The employee’s obligations to notify the employer of any matter in this award. 1.6.2 An employer cannot rely on an employee’s failure to give a notice or other document required by this award

unless the employer establishes that subclause 1.6.1 has been complied with. 2. PART 2 – TERMS AND CONDITIONS 2.1 Maternity Leave 2.1.1 Nature of leave – Maternity leave is unpaid leave. (d) 2.1.2 Definitions – For the purposes of this clause: (a) “Employee” includes a part-time employee who has at least 12 months continuous service with the employer

or a long term casual employee, but does not include an employee engaged upon other casual or seasonal work.

(e) (f) (b) “Parental leave” means leave of the type provided for in clause 2.2 whether prescribed in an Award or

otherwise. (c) “Child” means a child of the employee under the age of one year.

(d) “Spouse” includes a de facto spouse, including a spouse of the same sex or a former spouse. (e) “Continuous service” means service under an unbroken contract of employment and includes: (i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the employer or by the Award. (f) Long term casual employees means casual employees who are engaged, by a particular employer on a regular

and systematic basis, for several periods of employment during a period of at least 2 years immediately before the employee seeks to access an entitlement.

4.2.1 Eligibility for Maternity Leave – An employee who becomes pregnant, upon production to her employer of the

certificate required by subclause 2.1.4, shall be entitled to a period of up to 52 weeks maternity leave provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of parental leave taken by the employee’s spouse in relation to the same child and apart from parental leave of up to one week at the time of confinement shall not be taken concurrently with parental leave.

Subject to subclauses 2.1.6 and 2.1.9 the period of maternity leave shall be unbroken and shall, immediately

following confinement, include a period of six weeks compulsory leave. The employee must have had at least 12 months continuous service with that employer immediately preceding

the date upon which she proceeds upon such leave. 2.1.4 Certification – At the time specified in subclause 2.1.5 the employee must produce to her employer: (a) A certificate from a registered medical practitioner stating that she is pregnant and the expected date of

confinement. (b) A statutory declaration stating particulars of any period of parental leave sought or taken by her spouse and

that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

2.1.5 Notice Requirements –

(a) An employee shall, not less that ten weeks prior to the presumed date of confinement, produce to her employer the certificate referred to in provision (a) of subclause 2.1.4.

(b) An employee shall give not less than four weeks notice in writing to her employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to her employer the statutory declaration referred to in provision (b) of subclause 2.1.4.

(c) An employer by not less than 14 days notice in writing to the employee may require her to commence

maternity leave at any time within the six weeks immediately prior to her presumed date of confinement.

(d) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with provision (b) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

2.1.6 Transfer to a Safe Job – Where a risk assessment based on: (a) a doctor’s certificate given by the employee to the employer; and (b) the employer’s obligations under the Workplace Health and Safety Act 1995;

determines that the present work of a female employee, because of her pregnancy or breast feeding, provides a risk to the health or safety of the employee or of her unborn or newborn child, the employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk. Where an adjustment is not practicable the employer must transfer the employee to a safe job which will not expose her to the risk. The job should be as nearly as possible comparable to remuneration and status of her present work.

If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave or available paid sick leave, for as long as a doctor certifies it is necessary to avoid exposure to risk.

2.1.7 Variation of Period of Maternity Leave – (a) Provided the maximum period of maternity leave does not exceed the period to which the employee is

entitled under subclause 2.1.3:

(i) the period of maternity leave may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the employer and the employee.

(b) The period of maternity leave may, with the consent of the employer, be shortened by the employee giving

not less than 14 days notice in writing stating the period by which the leave is to be shortened. (c) An employee and an employer may agree that the employee break the period of maternity leave by returning

to work for the employer, whether on a full-time, part-time or casual basis. 2.1.8 Cancellation of Maternity Leave – (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee

terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living

child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed two weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

2.1.9 Special Maternity Leave and Sick Leave – (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the

birth of a living child then:

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in

addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.

(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such

paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under subclause 2.1.3.

(c) For the purposes of subclauses 2.1.10, 2.1.11 and 2.1.12, maternity leave shall include special maternity

leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this provision shall

be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause 2.1.6. to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, which the employee is qualified for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

(d) An employer must make a position to which an employee is entitled available to the employee (g)

(f) If a long term casual employee’s hours were reduced because of the pregnancy before starting maternity

leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.

2.1.10 Maternity Leave and Other Leave Entitlements – (a) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period

to which the employee is entitled under subclause 2.1.3, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall

not be available to an employee during her absence on maternity leave. 2.1.11 Effect of Maternity Leave on Employment – Subject to this clause, notwithstanding any award or other provision

to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement but in accordance with s 11 (4) (a) of the Industrial Relations Act 1999 shall be taken into account in calculating entitlement to annual leave to a maximum of three months:

Provided that where an employee on maternity leave does not return to the service of the employer prior to or following completion of maternity leave and thereafter remain in the service of that employer for a continuous period of three months, such employee shall forfeit the right to have any part of the period of maternity leave taken into account in calculating entitlements to or in lieu of annual leave. This proviso shall not apply in the case of termination of employment by the employer otherwise than for serious misconduct.

2.1.12 Termination of Employment – (a) An employee on maternity leave may terminate her employment at any time during the period of leave by

notice given in accordance with the Award/Industrial Agreement relevant to that employment. (b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her

absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

2.1.13 Return to Work after Maternity Leave – (a) An employee shall confirm her intention of returning to work by notice in writing to the employer given not

less than four weeks prior to the expiration of her period of maternity leave. (b) An employee, upon returning to work after maternity leave or the expiration of the notice required by

provision (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause 2.1.6 hereof, to the position which she held immediately before such transfer or in relation to an employee who has worked part-time during the pregnancy the position she held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available, which the employee is qualified for and is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

2.1.14 Replacement Employees – (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on

maternity leave. (b) Before an employer engages a replacement employee the employer shall inform that person of the temporary

nature of the employment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to

replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. 2.1.15 Leave Refusal – Leave not to be unreasonably refused – An employer shall not unreasonably refuse to grant

Maternity leave, proof of which circumstance shall lie upon the employer.

An Employee refused leave under these provisions may seek redress by invoking the grievance or dispute settling procedure provided, or in the absence in such procedure notification of a dispute to the Commission.

4.3 Parental Leave 2.2.1 Nature of Leave – Parental leave generically encompasses long parental leave, short parental leave or adoption

leave. For the purpose of this clause (2.2) parental leave refers to leave taken by the spouse of the pregnant or adoptive employee and is exclusive of maternity and adoption leave. Parental leave is unpaid leave.

(h) 2.2.2 Definitions – For the purposes of this clause:

(a) “Employee” includes a part-time employee but does not include an employee engaged upon casual or seasonal work.

(b) “Maternity leave” means leave of the type provided for in clause 2.1 (and includes special maternity leave)

whether prescribed in an Award or otherwise.

(c) “Child” means a child of the employee or the employee’s spouse under the age of one year.

(d) “Spouse” includes a de facto including a spouse of the same sex as the employee or a former spouse. (e) “Primary care-giver” means a person who assumes the principal role of providing care and attention to a

child.

(f) “Continuous service” means service under an unbroken contract of employment and includes:

(i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the employer or by the Award.

(g) “Long parental leave” means – (i)

(i) for a pregnant employee – maternity leave; or – (ii) for an employee whose spouse gives birth – leave taken by the employee to enable the employee to be

the child’s primary caregiver. (j) (h) “Short parental leave” means leave taken by an employee, in connection with the birth of a child of the

employee’s spouse, at the time of the birth of the child or the other termination of the pregnancy. 2.2.3 Eligibility for Parental Leave – An employee, upon production to the employer of the certificate required by

subclause 2.2.4, shall be entitled to one or two periods of parental leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(k) (a) An unbroken period of up to one week at the time of confinement of the spouse. (b) A further unbroken period of up to 51 weeks in order to be the primary caregiver of a child provided that

such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of maternity leave or adoption leave taken by the employee’s spouse and long parental leave shall not be taken concurrently with that maternity leave or adoption leave. The employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which they proceed upon either period of leave.

2.2.4 Certification – At the time specified in subclause 2.2.5 the employee must produce to the employer: (l)

(a) A certificate from a registered medical practitioner which names the spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place;

(b) In relation to any period to be taken under provision (b) of subclause 2.2.3, a statutory declaration stating:

(i) the period of parental leave to become the primary caregiver of a child; (ii) particulars of any period of maternity leave sought or taken by the spouse; and (iii) for the period of parental leave not to engage in any conduct inconsistent with the contract of

employment. (m) 2.2.5 Notice Requirements –

(a) The employee shall, not less than ten weeks prior to each proposed period of leave, give the employer notice in writing stating the dates on which the employee proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in subclause 2.2.4.

(b) The employee shall not be in breach of this clause as a consequence of failure to give the notice required in

provision (a) hereof if such failure is due to: (ii)

(i) the birth occurring earlier than the expected date; or (ii) the death of the mother of the child; or (iii) other compelling circumstances.

(iii) (c) The employee shall immediately notify the employer of any change in the information provided pursuant to

subclause 2.2.4. (iv) 2.2.6 Variation of Period of Parental Leave – (v)

(a) Provided the maximum period of parental leave does not exceed the period to which the employee is entitled under subclause 2.2.3:

(vi) (i) the period of parental leave provided by provision (b) of subclause 2.2.3 may be lengthened once only by

the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the employer and the employee.

(b) The period of parental leave taken under provision (b) of subclause 2.2.3 may, with the consent of the

employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

2.2.7 Cancellation of Parental Leave – Parental leave, applied for under provision (b) of subclause 2.2.3 but not

commenced, shall be cancelled when the pregnancy of the employee’s spouse terminates other than by the birth of a living child.

2.2.8 Parental Leave and Other Leave Entitlements –

(a) Provided the aggregate of any leave, including leave taken under this clause, does not exceed the period to which the employee is entitled under subclause 2.2.3, an employee may, in lieu of or in conjunction with parental leave, take any annual leave or long service leave or any part thereof to which the employee is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall

not be available to an employee during the absence on parental leave. 2.2.9 Effect of Parental Leave on Employment – Subject to this clause, notwithstanding any Award or other provision

to the contrary, absence on parental leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Award or Agreement but in accordance with s. 11 (4) (a) of the Industrial Relations Act 1999 shall be taken into account in calculating entitlement to annual leave to a maximum of three months:

Provided that where an employee on parental leave does not return to the service of the employer prior to or following completion of parental leave and thereafter remain in the service of that employer for a continuous period of three months, such employee shall forfeit the right to have any part of the period of parental leave taken into account in calculating entitlements to or in lieu of annual leave.

This proviso shall not apply in the case of termination of employment by the employer otherwise than for serious misconduct.

2.2.10 Termination of Employment –

(a) An employee on parental leave may terminate their employment at any time during the period of leave by notice given in accordance with the Award/Industrial Agreement relevant to that employment.

(b) An employer shall not terminate the employment of an employee on the ground of their absence on parental

leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

2.2.11 Return to Work after Parental Leave –

(a) An employee shall confirm their intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of parental leave provided by provision (b) of subclause 2.2.3.

(a) An employee, upon returning to work after parental leave or the expiration of the notice required by

provision (a) hereof, shall be entitled to the position which the employee held immediately before proceeding on parental leave, or in relation to an employee who has worked part-time under this clause to the position the employee held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available, which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

2.2.12 Replacement Employees – (n)

(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on parental leave.

(b) Before an employer engages a replacement employee the employer shall inform that person of the temporary


replace an employee exercising their rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (vii) 2.2.13 Leave Refusal – Leave not to be unreasonably refused – An employer shall not unreasonably refuse to grant

parental leave, proof of which circumstances shall lie upon the employer. (o)

An employee refused leave under these provisions may seek redress by invoking the grievance or dispute settling procedure provided, or in the absence in such procedure notification of a dispute to the Commission.

(viii) 2.3 Adoption Leave 2.3.1 Nature of Leave – Adoption leave is unpaid leave and refers to short adoption leave or long adoption leave (p) 2.3.2 Definitions – For the purposes of this clause – (q)

(a) “Employee” includes a part-time employee but does not include an employee engaged upon casual or seasonal work.

(b) “Child” means a person under the age of five years who is placed with the employee for the purposes of

adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

(c) “Relative adoption” occurs when a child, as defined, is adopted by a grandparent, brother, sister, aunt or

uncle (whether of the whole blood or half blood or by marriage). (d) “Primary care-giver” means a person who assumes the principal role of providing care and attention to the

child.

(e) “Spouse” includes a de facto, spouse including a spouse of the same sex as the employee and a former spouse.

(f) “Continuous services” means service under an unbroken contract of employment and includes:


(g) “Long term casual employee” means a casual employee who has been engaged, by a particular employer on a

regular and systematic basis, for several periods of employment during a period of at least 2 years immediately before the employee seeks access to this type of leave.

(h) “Short adoption leave” means leave taken by an employee at the time of the placement of an adopted child

with the employee. (i) “Long adoption leave” means leave taken by an employee to enable the employee to be the child’s primary

caregiver. 2.3.3 Eligibility – An employee, upon production to the employer of the documentation required by subclause 2.3.4

shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances –

(a) An unbroken period of up to three weeks at the time of the placement of the child; (b) An unbroken period of up to 52 weeks from the time of its placement in order to be the primary care-giver of

the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee’s spouse in relation to the same child.

This entitlement of up to 52 weeks shall be reduced by – (r) (i) any period of leave taken pursuant to provision (a) hereof; and (ii) the aggregate of any periods of adoption leave taken or to be taken by the employee’s spouse.

The employee must have had at least 12 months continuous service with that employer immediately preceeding the date upon which he or she proceeds upon such leave in either case.

2.3.4 Certification – Before taking adoption leave the employee must produce to the employer –

(a) (i) a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

(ii) a statement from the appropriate government authority confirming that the employee is to have custody of

the child pending application for an adoption order.

(b) In relation to any period to be taken under provision (b) under subclause 2.3.3, a statutory declaration stating –

(i) the employee is seeking adoption leave to become the primary care-giver of the child; (ii) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

(iii) for the period of adoption leave the employee will not engage in any conduct inconsistent with his or

her contract of employment. (ix) 4.2.1 Notice Requirements – (x)

(a) Upon receiving notice of approval for adoption purposes, an employee shall notify the employer of such approval and within two months of such approval shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

(xi) (s) (b) An employee who commences employment with an employer after the date of approval for adoption

purposes shall notify the employer thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take: Provided that such employee shall not be entitled to adoption leave unless the employee has not less than 12 months continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave.

(xii) (c) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for

adoption purposes but not later than 14 days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under provision (a) of subclause 2.3.3.

(d) An employee shall, ten weeks before the proposed date of commencing any leave to be taken under provision

(b) of subclause 2.3.3 give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

(xiii) (e) An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period

of notice in accordance with provisions (c) and (d) hereof if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

(xiv) 2.3.6 Variation of Period of Adoption Leave – (t)

(a) Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under subclause 2.3.3:

(i) the period of leave taken under provision (b) of subclause 2.3.3 may be lengthened once only by the

employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the employer and employee.

(b) The period of adoption leave taken under provision (b) of subclause 2.3.3 may, with the consent of the

employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

2.3.7 Cancellation of Adoption Leave –

(a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.

(b) Where the placement of a child for adoption purposes with an employee then on adoption leave does not

proceed or continue, the employee shall notify the employer forthwith and the employer shall nominate a time not exceeding two weeks from receipt of notification for the employee’s resumption of work.

2.3.8 Special Leave – The employer shall grant to any employee who is seeking to adopt a child, such unpaid leave not

exceeding two days, as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure.

2.3.9 Adoption Leave and Other Entitlements –

(u) (a) Provided the aggregate of any leave, including leave taken under this clause, does not exceed the period to which the employee is entitled under subclause 2.3.3, an emp loyee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall

not be available to an employee during the employee’s absence on adoption leave 2.3.10 Effect of Adoption Leave on Employment – Subject to this clause, notwithstanding any award or other provision

to the contrary, absence on adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement but in accordance with s.11 (4)(a) of the Industrial Relations Act 1999 shall be taken into account in calculating entitlement to annual leave to a maximum of three months:

Provided that where an employee on adoption leave does not return to the service of the employer prior to or following completion of adoption leave and thereafter remain in the service of that employer for a continuous period of three months, such employee shall forfeit the right to have any part of the period of adoption leave taken into account in calculating entitlements to or in lieu of annual leave. This proviso shall not apply in the case of termination of employment by the employer otherwise than for serious misconduct.

(v) 2.3.11 Termination of Employment –

(a) An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with the award/industrial agreement relevant to that employment.

(b) An employer shall not terminate the employment of an employee on the ground of the employee’s

application to adopt a child or absence on adoption leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(w) 2.3.12 Return to Work after Adoption Leave –

(a) An employee shall confirm the intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by provision (b) of subclause 2.3.3.

(b) An employee, upon returning to work after adoption leave shall be entitled to the position held immediately

before proceeding on such leave or in relation to an employee who has worked part-time under this clause the position held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available, which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee’s former position.

2.3.13 Replacement Employees –

(x) (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.

(b) Before an employer engages a replacement employee the employer shall inform that person of the temporary


replace an employee exercising rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

2.3.14 Leave Refusal – Leave not to be unreasonably refused – An employer shall not unreasonably refuse to grant

adoption leave, proof of which circumstance shall lie upon the employer. An employee refused leave under these provisions may seek redress by invoking the grievance or dispute settling procedure provided, or in the absence in such procedure notification of a dispute to the Commission.

(y)

2.4 Part-Time Work 2.4.1 Definitions – For the purposes of this clause –

(a) “Male employee” means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.

(b) “Female employee” means an employed female who is pregnant or is caring for a child she has borne or a

child who has been placed with her for adoption purposes. (c) “Spouse” includes a de facto spouse, including a spouse of the same sex as the employee and former spouse. (d) “Former position” means the position held by a female or male employee immediately before proceeding on

leave or part-time employment under this clause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

(e) “Continuous service” means service under an unbroken contract of employment and includes –


2.4.2 Entitlement – With the agreement of the employer –

(a) A male employee may work part-time in one or more periods at any time from the date of birth of the child until it’s second birthday or in relation to adoption from the date of placement of the child until the second anniversary of the placement.

(b) A female employee may work part-time in one or more periods while she is pregnant where part-time

employment is, because of the pregnancy, necessary or desirable. (c) A female employee may work part-time in one or more periods at any time after the date of birth of the child

until its second birthday. (d) In relation to adoption a female employee may work part -time in one or more periods at any time from the

date of the placement of the child until the second anniversary of that date. 2.4.3 Return to Former Position –

(a) An employee who has had at least 12 months continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position.

(b) Nothing in provision (a) hereof shall prevent the employer from permitting the employee to return to his or

her former position after a second or subsequent period of part-time employment. 2.4.4 Effect of part-time employment on continuous service – Commencement on part-time work under this clause, and

return from part -time work to full-time work under this clause, shall not break the continuity of service or employment.

2.4.5 Pro Rata Entitlements – Subject to the provisions of this clause and the matters agreed to in accordance with

subclause 2.4.8, part-time employment shall be in accordance with the provisions of the Award/Industrial Agreement relevant to that employment which shall apply pro rata.

2.4.6 Transitional arrangements – Annual Leave –

(a) An employee working part-time under this clause shall be paid for and take any leave accrued in respect of a period of part-time employment, in such periods and manner as specified in the annual leave provisions of

the Award/Industrial Agreement relevant to that employment, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this clause.

(b) (i) A full time employee shall be paid for and take any annual leave accrued in respect of a period of part-

time employment under this clause in such periods and manner as specified in the Award/Industrial Agreement relevant to that employment as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

(ii) Provided that, by agreement between the employer and the employee, the periods over which the leave is

taken may be shortened to the extent necessary for the employee to receive pay at the employee’s current full-time rate.

2.4.7 Transitional arrangements – Sick Leave –

An employee working part-time under this clause shall have sick leave entitlements which have accrued under the Award/Industrial Agreement relevant to that employment (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.

2.4.8 Part-time Work Agreement –

(a) Before commencing a period of part-time employment under this clause the employee and the employer shall have agreed –

(i) that the employee may work part-time (ii) upon the hours to be worked by the employee, the days upon which they will be worked and

commencing times for the work; (iii) upon the classification applying to the work to be performed; and (iv) upon the period of part-time employment.

(b) The terms of this agreement may be amended by consent.

(c) The terms of this agreement or any amendment to it shall be reduced to writing and retained by the employer.

A copy of the agreement and any amendment to it shall be provided to the employee by the employer. (d) The terms of this agreement shall apply to the part-time employment.

2.4.9 Termination of Employment –

(a) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of the Award/Industrial Agreement relevant to that employment but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

(b) Any termination entitlements payable to an employee whose employment is terminated while working part-

time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

2.4.10 Extension of Hours of Work – An employer may request, but not require, an employee working part-time under

this clause to work outside or in excess of the employee’s ordinary hours of duty provided for in accordance with subclause 2.4.5.

2.4.11 Nature of Part-time Work – The work to be performed part-time need not be the work performed by the

employee in his or her former position but shall be work otherwise performed under the Award/Industrial Agreement relevant to that employment.

2.4.12 Inconsistent Award Provisions – An employee may work part-time under this clause notwithstanding any other provision of the Award/Industrial Agreement relevant to that employment which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions:

(a) Limiting the number of employees who may work part-time. (b) Establishing quotas as to the ratio of part-time to full-time employees. (c) Prescribing a minimum or maximum number of hours a part-time employee may work. (d) Requiring consultation with, consent of or monitoring by an Industrial Organisation Such provisions do not apply to part time work under this clause.

2.4.13 Replacement Employees –

(a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this clause.

(b) A replacement employee may be employed part-time. Subject to this provision, subclauses 2.4.5, 2.4.6,

2.4.7, 2.4.8, 2.4.9 and 2.4.12 apply to the part-time employment of a replacement employee. (c) Before an employer engages a replacement employee under this subclause, the employer shall inform the

person of the temporary nature of the employment and of the rights of the employee who is being replaced. (d) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of

provision (e) of subclause 2.4.1. (e) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

2.5 Exclusion As to any award or industrial agreement listed in the Schedule hereof the detail provisions of this Award are to be read subject to any specific alterations or modifications contained in an appropriate clause in such award or industrial agreement. 3. PART 3 – SPECIAL RESPONSIBILITY LEAVE 3.1 Use of Sick Leave 3.1.1 An employee with responsibilities in relation to either members of their immediate family or members of their

household who need their care and support shall be entitled to use in accordance with this subclause up to 5 days per annum sick leave entitlement which accrues after the date of the July 1995 order for absences to provide care and support for such persons when they are ill.

3.1.2 The employee shall, if required by the employer, establish by production of a medical certificate and/or statutory

declaration that the person concerned is ill and that the illness is such as to require care by another. 3.1.3 In normal circumstances, an employee shall not take special responsibility leave under this clause where another

person has taken leave to care for the same person. 3.1.4 Special responsibility leave may be taken for part of a single day. 3.1.5 The entitlement to use sick leave in accordance with this clause is subject to:–

(a) The employee being responsible for the care of the person concerned. (b) The person concerned being either:

(i) a member of the employee’s immediate family; or (ii) a member of the employee’s household.

(c) The term “immediate family” includes:

(i) a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(ii) an adult child (including an adopted child, an ex-foster child, a stepchild or an ex-nuptial child), parent,

grandparent, grandchild or sibling of the employee or spouse of the employee. (z) 3.1.6 The employee shall, where practicable (give the employer):–

(a) Notice prior to the absence of the intention to take leave; (b) The name of the person requiring care and their relationship to the employee; (c) The reasons for taking such leave; and (d) The estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

3.1.7 Upon application by an employee, the Commission may issue orders in accordance with this clause for the

purpose of providing care and support when the primary care giver is ill and unable to provide care and support for the person concerned. Application for orders may only be made after the parties have genuinely attempted to resolve the matter in accordance with the relevant dispute and grievance procedure.

3.2 Unpaid Leave for Caring Purposes An employee may elect with the consent of the employer, to take unpaid leave. 3.3 Annual Leave 3.3.1 Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take

annual leave not exceeding five days in any calendar year at a time or times agreed between the parties which may be taken in single day periods or parts thereof in any calendar year at a time or times agreed between the parties.

3.3.2 Access to annual leave, as prescribed in subclause 3.3.1, shall be exclusive of any shutdown period provided for

elsewhere under the parent award. 3.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day

absences, until at least 5 consecutive annual leave days are taken. 3.4 Time Off in Lieu of Payment for Overtime 3.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a

time or times agreed with the employer to discharge a responsibility to care for or support a person within subclause 3.1.5 whether sick or not.

3.4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for

each hour worked. 3.4.3 An employer shall, if requested by an employee, provide payment at the rate provided for the payment of

overtime in the parent Award, for any overtime worked under subclause 3.4.1 where such time has not been taken within four weeks of accrual and requested by the employee.

3.4.4 This clause does not limit or detract from any provision in an award or industrial agreement dealing with time off

in lieu of overtime which existed on or before 23 May 1995. 3.5 Make-Up Time 3.5.1 An employee may elect, with the consent of their employer, to work “make -up time”, under which the employee

takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided

in the parent Award, at ordinary rates. 3.5.2 An employee on shift work may elect, with the consent of their employer, to work make-up time under which the

employee takes time off ordinary hours and works those hours at a later time, at the shift rate which would have been applicable to the hours taken off.

4. PART 4 – BEREAVEMENT LEAVE / COMPASSIONATE LEAVE 4.1 Where an employee does not have an Award entitlement, an employee (other than a casual or pieceworkers) on the

death of a member of their immediate family or household (as defined in subclause 3.1.5) in Australia is entitled to at least 2 days paid bereavement leave per occasion (non-cumulative). Proof of such death shall be furnished by the employee to the satisfaction of the employer.

4.2 Where bereavement* leave provision exists in the relevant/parent Award, such provision will be deemed to include

an entitlement to such leave upon death of a member of the immediate family or household (as defined in subclause 3.1.5) in Australia.

(aa) 4.3 An employee with the consent of the employer, may apply for unpaid leave when a member of the employee’s

immediate family or household in Australia dies and the period of bereavement leave entitlement (provided in clause 4.1 or 4.2) is insufficient.

*Reference to bereavement leave in this clause is synonymous with compassionate leave where such provisions in relevant/parent awards relate to the death of a relative.

Dated this sixteenth day of May, 2000. By the Commission, [L.S.] E. EWALD, Industrial Registrar.

Operative Date: 3 April 2000 Repeal and New Award – Family Leave Award Released: 9 February 2001

Schedule Schedule of Awards and Industrial Agreements to which this Award has application.

Name of Award or Industrial Agreement Case No. Date of Operation Advertising Sales Representatives' Award – State B518 of 1992 23 November 1992 Advertising Sales Representatives' (Queensland Country Press Association) Award

B517 of 1992 23 November 1992

Advertising Sales Representatives' (Regional Daily Newspapers) Award

B516 of 1992 23 November 1992

Aerated Water Factories' Industry Award – State B79 of 1992 1 May 1992 Agricultural Produce, Fruit and Grain Stores' Award – Southern Division (Eastern District)

B223 of 1992 10 June 1992

Anglican Boarding Schools and Colleges (Excluding South-East Queensland) Industrial Agreement

B531 of 1992 14 December 1992

Australian Environmental Pest Managers Association Ltd – Industrial Agreement

IA12 of 1994 20 May 1994

Australian Red Cross Blood Service – Queensland Employees Award – State

B2267 of 1997 6 April 1998

Award for Accommodation and Care Services Employees in Homes for Aged Persons – State (Excluding South-East Queensland)

B77 of 1992 1 May 1992

Award for Accommodation and Care Services Employees in Homes for Aged Persons – South-Eastern Division

B164 of 1992 1 May 1992

Bag-Making Award – South-Eastern Division B79 of 1992 1 May 1992 Baking and Pastrycooking (Retail Stores) Award – Northern Division

B78 of 1992 1 May 1992

Baking and Pastrycooking (Retail Stores) Award Southern and Mackay Divisions

B166 of 1992 6 May 1992

Baking Industry Award – Southern and Mackay Divisions R185-3 of 1989, R33-2 of

1990, R1-3 of 1992 24 September 1992

Baking, Processing, Distribution and Manufacturing Industry Award – Northern Division

R83-2A of 1989 29 October 1992

Barrier Reef Retail Pty. Ltd. – Industrial Agreement B78 of 1992 1 May 1992 Beauty Therapy Industry Award – State B82 of 1992 1 May 1992 Biostil Plant – CSR Plane Creek – Industrial Agreement IA55 of 1994 5 December 1994 Biscuit Manufacturing Industry Award – State B2107 of 1995 17 December 1996 Blastcoaters Offsite Award – State B272 of 1993 20 July 1993 Boarding House Employees Award – State (Excluding South-East Queensland)

B1605 of 1995 4 December 1995

Name of Award or Industrial Agreement Case No. Date of Operation Boarding Schools, Residential Colleges and Other Non-Commercial Establishments Accommodation Award – South Eastern Division

B594 of 1996 7 April 1997

Borallon Private Correctional Facility Employees Award B827 of 1994 6 October 1994 Bowen Coke Pty. Ltd. – Bowen Coke Works – Industrial Agreement

IA11 of 1994 23 March 1994

Brewing Industry Award – State B132 of 1992

B164 of 1992 1 May 1992

Brewing Industry – Queensland Breweries Employees’ Award B529 of 1994 2 December 1994 Brisbane Abattoir Award B62 of 1992 6 July 1992 Brisbane City Council – Construction, Maintenance and General Award

R5-2 of 1989 2 August 1993

Brisbane City Council Engine Drivers’ Award B406 of 1995 1 May 1995 Brisbane City Council – Miscellaneous Workers' Award B164 of 1993 4 May 1993 Brisbane Market Trust – Market Officers and Cleaners – Industrial Agreement

B166 of 1992 6 May 1992

Building Construction Industry Award – State R17-0 of 1993 31 January 1994 Building Products, Manufacture and Minor Maintenance Award – State

R16-3 of 1993 31 January 1994

Building Trades Award – State B252 of 1992 22 June 1992 Building Tradesmen's (Other Than Plumbers) and Builders' Labourers' Construction Award – State

B304 of 1991 1 May 1992

Bulk Loading – Abbot Point Bulkcoal Pty Ltd Award B54 of 1998 3 February 1998 Bulk Terminals Award – State R162-5 of 1989 24 October 1997 Bundaberg Bag Company Pty. Ltd. – Industrial Agreement B320 of 1992 7 September 1992 Bundaberg Sugar Company Limited – Plantation Employees – Industrial Agreement

B81 of 1992 1 May 1992

Butter and Cheese Manufacturing Award – Northern and Mackay Divisions

B79 of 1992 1 May 1992

Cairns Marine Terminal Pty. Ltd., Trading as 'GBR (Diving) Centre' Industrial Agreement

B473 of 1992 2 November 1992

Cairns Parkroyal – Industrial Agreement B77 of 1992 1 May 1992 Canteen Employees – Provincial Traders Pty. Ltd. – Industrial Agreement

B163 of 1992 22 June 1992

Carbon Consulting International Pty Ltd, Cargo Superintendents Co. (A/sia) Pty Ltd, and S.G.S. Australia Pty Ltd Employees – State – Industrial Agreement

IA66 of 1993 16 December 1993

Caretaker, Cleaners and Turnstile Attendants – Swimming Pool – Townsville City Council – Industrial Agreement

B167 of 1992 4 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Carting Trade Award – Northern and Mackay Divisions B81 of 1992 1 May 1992 Catholic Boarding Schools and Colleges Employees (Excluding South-East Queensland) – Industrial Agreement

IA102 of 1995 2 October 1995

Cemetery Employees' Award – State B164 of 1992 1 May 1992 Cerebral Palsy League of Queensland Award B2343 of 1996 14 February 1997 Child Care Industry Award – State R27-3 of 1991, B463 of 1993,

B395, B519, B543 and B561 of 1994 and B13 of 1997

1 January 1997

Civil Construction, Operations and Maintenance General Award – State

B28 of 1993 25 February 1993

Clay Products Industry Award – State R115-3 of 1989 and R12-0 of

1993 23 August 1993

Clerical and Administrative Award – Sugar Mills – State B228 of 1994 18 April 1994 Clerical and Administrative Staff Queensland University of Technology Student Guild – Industrial Agreement

B110 of 1992 20 March 1992

Clerical Award – Hotels, Resorts and Certain Other Licensed Premises Award – State (South East Queensland)

B836 of 1996 25 February 1997

Clerical Award – Private Hospitals – State B1557 of 1994 4 March 1996 Clerical Award – Registered and Licensed Clubs – State R137-3 of 1989 29 August 1994 Clerical Employees Award – State B108 of 1992 1 May 1992 Clerks' Award – Hotels and Registered Clubs – State B109 of 1992 8 May 1992 Clerks' Award – Permanent Building Societies – State B108 of 1992 1 May 1992 Clerks – Mirror Newspapers Limited – Industrial Agreement B110 of 1992 20 March 1992 Clerks – Queensland Newspapers Pty. Ltd. – Industrial Agreement

B110 of 1992 20 March 1992

Clothing Trade Award – State (Excluding South-East Queensland)

2R116-1 of 1989 1 March 1993

Clubs Etc. Employees' Award – South East Queensland B132 of 1992

B164 of 1992 1 May 1992

Cold Storage Employees' Award – Queensland Riverside Cold Stores (P. & O. Australia Ltd.)

B79 of 1992 1 May 1992

Commercial Travellers' Award – State B520 of 1992 23 November 1992 Confectioners' Award – South-Eastern Division B224 of 1992 10 June 1992 Contract Catering and Industrial Services Award – South-Eastern District

B163 of 1992 22 June 1992

Contract Cleaning Industry Award – State R41-4 of 1990 1 July 1996 Cootharinga Society of North Queensland (Enterprise) Award B759 of 1995 2 January 1995

Name of Award or Industrial Agreement Case No. Date of Operation Copper Refineries Pty Ltd Award – State B444 of 1997 20 March 1997 Cotton Ginneries, Cotton Oil and Other Seed Oil Manufacturing Employees' Award – State

B79 of 1992 1 May 1992

The Credit Unions' Administrative and Clerical Officers' Award – State

B108 of 1992 1 May 1992

Crematorium Employees' Award – State B164 of 1992 1 May 1992 Dental Assistants' Award – State (Exclusive of Public Hospitals) B164 of 1992 1 May 1992 Dental Technicians' Award – State B164 of 1992 1 May 1992 Department for Social Mission of the Presbyterian Church of Queensland – Industrial Agreement

B77 of 1992 1 May 1992

Disability Support Workers Award – State B1595 of 1996 1 June 1998 Distillery and Rum Bottling Award – Bundaberg B79 of 1992 1 May 1992 District Abattoir Boards' Award – State B173 of 1992 22 June 1992 District Health Services Employees’ Award – State B2134 of 1995 and

B848 of 1996 1 February 1997

Diversional Therapy – AWU – Industrial Agreement B581 of 1992 4 January 1993 Douglas Developments Pty. Ltd. – Tourist Employees – Industrial Agreement

B77 of 1992 1 May 1992

Drum Reconditioning – C.J. Kelly Pty. Ltd. – Industrial Agreement

B79 of 1992 1 May 1992

Drum Reconditioning – Stuart Drum Company – Industrial Agreement

B79 of 1992 1 May 1992

Dyeing and Dry Cleaning Industry Award – State (Excluding South-East Queensland)

B78 of 1992 1 May 1992

Early Childhood Education Award – State B491 of 1993 11 October 1993 Edible Nut Processing Award – State R9–1 of 1991 15 April 1996 Electrical Contracting Industry Award – State R4-2E of 1989 1 February 1993 Electricity Generation, Transmission and Supply Award – State B1306 of 1994 9 March 1995 Electricity Supply Industry Employees' Award – State B41 of 1992 12 November 1992 Electricity Supply Industry Employees' Transitional Restructuring Award – State

R21-0 of 1993 27 December 1993

Employees – Anglican Boarding Schools and Colleges (Excluding South East Queensland) – Industrial Agreement

B77 of 1992 1 May 1992

Employees – Birch Carroll and Coyle Limited Multi-Cinema Complex – Industrial Agreement

B113 of 1992 31 March 1992

Employees – Cook Freeze Pty. Ltd. – Industrial Agreement B79 of 1992 1 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Endeavour Foundation – Industrial Agreement IA26 of 1994 4 July 1994 Engineering Award – State R1-2D, R1-3, R4-2C and R4-

3 of 1989 2 March 1992

Epic Employment Services Incorporated – AWU –Industrial Agreement

B77 of 1992 1 May 1992

Everhard Industries Pty. Ltd. – Industrial Agreement B79 of 1992 1 May 1992 Farm Hands, &c., Award – Queensland Agricultural College B79 of 1992 1 May 1992 Fast Food Industry Award – South-Eastern Division B164 of 1992 1 May 1992 Fast Food Industry Award – State (Excluding South-East Queensland)

B77 of 1992 1 May 1992

Fast Food Industry Award – State (Excluding South-East Queensland) – Great Australian Ice Creamery – Industrial Agreement

IA12 of 1997 24 February 1997

Fast Food Industry Award – State (Excluding South-East Queensland) – The Coffee Club, Rockhampton – Industrial Agreement

IA79 of 1995 1 August 1995

Fertilizer Industry Award – State 2R179-1A of 1989 14 December 1992 Fishery Employees' Award – State B79 of 1992 1 May 1992 Flight Nurses (Royal Flying Doctor Service – Queensland ) – Industrial Agreement

IA24 of 1994 7 July 1994

Floral Bouquets, Novelties, Etc., Making Award – State B78 of 1992 1 May 1992 Food and Drug Store Employees' Award – Southern Division (Eastern District)

B225 of 1992 10 June 1992

Food Production P&O Prepared Foods (Wacol) – Award B894 of 1994, B321 and

B695 of 1995 13 September 1994

Forest Resource Industry – Employees – Corinthian Industries (Qld) Pty. Ltd. – Industrial Agreement

A27 of 1992 14 May 1992

Forest Resources – Hancock Bros. and AWU – Industrial Agreement

B373 of 1992 5 August 1992

Forest Resources Industry Award – State B154 of 1992 1 May 1992 Forest Resources Industry (CSR Softwoods) Award – State B82 of 1992 1 May 1992 Forestry Employees' Award – Department of Primary Industries and the Department of Natural Resources

B405 of 1995 5 January 1995

Fruit and Vegetable Growing Industry Award – State B79 of 1992 1 May 1992 Funeral Services Award – State B164 of 1992 1 May 1992 Furniture and Allied Trades Award – State B317 of 1992 20 July 1992 Garage and Service Station Attendants' Award – State (Excluding South-Eastern District)

B81 of 1992 1 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Gas Industry Award – State B81 of 1992 1 May 1992 General Stores, Warehousing and Distribution Award – State B533 of 1993 14 September 1994 Gladstone Power Station Award – State B105 of 1994 30 March 1994 Glass Bottom Water Bikes – Industrial Agreement IA80 of 1996 4 November 1996 Golden Casket Lottery Corporation Employees’ Award – State B622 of 1996 13 May 1996 GoPrint Award – State B620 of 1992 14 December 1992 Grain and Associated Products Milling Award – Southern Division


Greenkeeping Industry Award – State R39-3 of 1990 4 January 1993 Grundy Entertainment Pty. Ltd. – Industrial Agreement B372 of 1992 5 August 1992 Hairdressers' Industry Award – State 2R101-1 and R101-3 of 1989

2R50-1 and R50-3 of 1990 R22-0 and R22-1 of 1992

5 July 1993

Hamilton Islands Employees – Industrial Agreement IA114 of 1995 15 December 1995 Hayman Island Resort (Marine) – Industrial Agreement IA44 of 1993 5 October 1993 Hilton International Cairns – Industrial Agreement B77 of 1992 1 May 1992 Holiday Apartments – Industrial Agreement IA20 of1993 28 May 1993 Hospital Nurses' Award – State B182 of 1992 5 May 1992 Hotels, Motels, Resorts and Accommodation – Industrial Agreement

IA88 of 1996 19 March 1997

Hotels Resorts and Accommodation Industry Award – South-Eastern Division

B132 of 1992 1 May 1992

Hotels, Resorts and Certain Other Licensed Premises Award – State (Excluding South-East Queensland)


Ice Cream and Frozen Confectionery Manufacturing Award – State

B79 of 1992 1 May 1992

Jam, Preserved Fruit and Vegetable Processing Award – Southern Division (Eastern District)

B227 of 1992 10 June 1992

Jewellers and Watchmakers Award – State B169 of 1992 4 May 1992 Kingfisher Bay Resort and Village Award B193 of 1994 and others 25 July 1994 Laboratory Personnel – Provincial Traders Pty. Ltd. – Industrial Agreement

B163 of 1992 22 June 1992

Laundry Workers Award – Brisbane B166 of 1992 6 May 1992 Legal Aid Queensland Employees’ Award – State B1771 of 1997 5 November 1997 Local Government Employees' (Excluding Brisbane City Council) Award – State

R37-4 of 1989 B324 of 1990 R172-3 of 1989

31 May 1993

Name of Award or Industrial Agreement Case No. Date of Operation Mackay Region Hospitality Employees – Industrial Agreement IA60 of 1995 1 July 1995 Malthouse Employees' Award – South-Eastern Division B132 of 1992 1 May 1992 Margarine Manufacturing Award – Southern Division B163 of 1992 22 June 1992 Masters and Engineers’ Award – Port of Brisbane B477 of 1996 1 April 1996 Masters and Engineers’ Award – Port of Brisbane – Moreton Tug & Barge Co. Pty Ltd – Industrial Agreement

B477 of 1996 1 April 1996

Masters, Mates and Engineers’ Award, Motor Vessels 2500 BHP/1866kWBP and Under – State (Excluding zthe Port of Brisbane)

B477 of 1996 1 April 1996

Masters, Mates and Engineers – Reef Management Pty. Ltd. – Industrial Agreement

2R98-1 of 1990 2R4-1 of 1993

1 November 1993

Meals on Wheels Services Award – State B877 of 1998 6 April 1998 Meat Export (Mechanical) Award – State B1222 of 1994 18 November 1994 Meat Industry (Other than Export) Award – State B173 of 1992 22 June 1992 Meat Industry (Private Export Comp anies) Mechanical Etc. – Industrial Agreement

B151 of 1996 26 February 1996

Mechanical Engineering Award – State – Thomas Borthwick & Sons (Australasia) Limited – Industrial Agreement

B153 of 1996 23 February 1996

Medical Imaging and Radiation Therapy Employees (Private Sector) Award – State

B1775 of 1995 2 November 1998

Medium Density Fibreboard Production ACI Australia Limited Trading as Laminex Industries – Industrial Agreement

B79 of 1992 1 May 1992

Metalliferous Mining Award – State – Commercial Minerals Limited CM Division – Industrial Agreement

B81 of 1992 1 May 1992

Metropolitan Race Clubs Maintenance Employees' Award – Brisbane and Ipswich

B82 of 1992 1 May 1992

Milk Treatment, Milk Products Manufacture, and Milk, Etc., Distribution Award – Northern and Mackay Divisions

B79 of 1992 1 May 1992

Milk Treatment, Milk Products Manufacture, and Milk, Etc., Distribution Award – South-Eastern District

B79 of 1992 1 May 1992

Mineral Sands Industry Award – State B81 of 1992 1 May 1992 Mining (Non-Coal) Award – State R177-3 of 1989 1 February 1997 Miscellaneous Workers' Award – State B162 of 1992 27 April 1992 Moreton Hire Service – Trade, Public Promotion and Hire Services Employees Industrial Agreement

IA21 of 1997 7 March 1997

Motor Vehicle Salesmen's Award – Northern and Mackay Divisions

B79 of 1992 1 May 1992

Motor Vehicle Salespersons Award – Southern Division B136 of 1992 6 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Motoring Services Award – South-Eastern District B162 of 1992 27 April 1992 Mount Isa Mines Limited Award B81 of 1992 1 May 1992 Municipal Baths Attendants Award – State B167 of 1992 4 May 1992 Nestle Australia Ltd. – Gympie Factory Employees Award B79 of 1992 1 May 1992 North Goonyella Coal Mine Catering – Industrial Agreement IA70 of 1993 22 February 1994 North Queensland Boating Operators Employees Award – State B1189 of 1994 7 November 1994 Nurserymen's Award – State B78 of 1992 1 May 1992 Nurses' Aged Care Interim Award – State B182 of 1992 5 May 1992 Nurses' Award – Domiciliary Nursing Services – State B182 of 1992 5 May 1992 Nurses' Award – State B182 of 1992 5 May 1992 Off-Shore Island Resorts – Industrial Agreement IA20 of 1997 5 March 1997 Oil Industry – Oil Re -Refining Oil and Chemical Industries Pty. Ltd. – Industrial Agreement

B81 of 1992 1 May 1992

Paint Industry Award – State B363 of 1999 1 September 1999 Paperboard Manufacturing, Wastepaper Handling – Australian Paper Manufacturers – Industrial Agreement

B79 of 1992 1 May 1992

Parents and Citizens Associations' Retail Employees – Industrial Agreement

IA23 of 1993 23 April 1993

Passenger Vehicle Drivers Etc., Award – Northern and Mackay Divisions

B80 of 1992 1 May 1992

Pest Control Industry Award – State B81 of 1992 1 May 1992 Pharmaceutical Employees' Award – State (Exclusive of Public Hospitals)

B164 of 1992 1 May 1992

Pharmacy Assistants Interim Award – State B521 of 1997 26 March 1997 Photographic Employees' Award – State B166 of 1992 6 May 1992 Physiotherapists’ Award – State R111-3 of 1990 22 August 1994 Pig Breeding and Raising Award – State B439 of 1991 and R112-1 of

1989 1 December 1992

Port of Brisbane Corporation Employees' Award B1170 of 1996 23 July 1996 Ports Corporation Employees Award – State B538 of 1993 25 October 1993 Poultry Farm and Hatchery Employees' Award – State B78 of 1992 1 May 1992 Poultry Processing Award – State B173 of 1992 22 June 1992 Prawn and Other Sea Food Processing Award – State B79 of 1992 1 May 1992 Presbyterian Boarding Schools and Colleges Employees (Excluding South East Queensland) – Industrial Agreement

B77 of 1992 1 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Principals’ Award – Catholic Schools Queensland

B1956 of 1997 25 May 1998

Principals’ Award – Non Governmental Schools – State B1299 of 1996 1 January 1998 Printing Industry Award – State R167-3 of 1989 20 July 1992 Private Hospital Nurses’ Award – State B2245 of 1997 21 January 1998 Private Hospitals and Nursing Homes Industry Award – State R82-3 of 1989 and B1823 of

1995 2 January 1996

Professional and Administrative Award – Queensland Performing Arts Centre – State

B122 of 1992 13 May 1992

Professional and Technical Employees – Red Cross Transfusion Service – Industrial Agreement

B121 of 1992 16 April 1992

Professional Engineers' Award – State B257 of 1992 15 June 1992 Professional Scientists’ Award – State B1580 of 1997 15 December 1997 Property Sales Award Queensland – State B1478 of 1995 1 July 1997 Public Hospitals Employees' Award – State B77 of 1992 1 May 1992 QCL Dredging Award – State B83 of 1992 1 May 1992 Queensland Aids Council Incorporated Enterprise Award – State B355 of 1994 1 June 1994 Queensland Building Services Authority Employees Award – State

B145 of 1992 1 July 1992

Queensland Fire Services Interim Award – State B546 of 1995

B1221 of 1995 B1288 of 1995

11 December 1996

Queensland Fire Service – Professional Technical and Administrative Employees – Industrial Agreement

A56 of 1992 IA65 of 1996

14 September 1992 13 September 1996

Queensland Fire Service – Rural Fire Division – Industrial Agreement

A49 of 1992 19 August 1992

Queensland Industry Development Corporation Officers’ Award – State

B63 of 1994 5 May 1994

Queensland Investment Corporation – Clerical and Administrative Employees' Award – State

B431 of 1993 13 October 1993

Queensland Nickel Employees' Award – State R14-0 of 1992 19 June 1992 Queensland Nursing Council Employees’ Award – State B744 of 1995 11 May 1995 Queensland Rail Award – State B360 of 1995

B1534 of 1995 B1001 of 1996 B1018 of 1996

23 September 1996

Queensland Rural Adjustment Authority Employees’ Award – State

B1173 of 1996 18 July 1996

Queensland Small Business Corporation Employees’ Award – State

B261 of 1994 19 April 1994

Name of Award or Industrial Agreement Case No. Date of Operation Queensland Spastic Welfare League (Equipment Technology Services) – Industrial Agreement

IA9 of 1997 31 January 1997

Queensland Sugar Corporation Sugar Cane Testers Award – State

B733 of 1995 1 June 1995

Queensland University of Technology Student Guild – Administrative Employees – Industrial Agreement

IA55 of 1993 15 November 1993

Queensland University of Technology Student Guild – Industrial Agreement

IA54 of 1993 15 November 1993

Rabbit Board Employees Award – State B79 of 1992 1 May 1992 Racecourses and Showground Employees Award – Brisbane B82 of 1992 1 May 1992 Racecourse Employees Award – Southern Division (Eastern District)

B82 of 1992 1 May 1992

Radisson Plaza Hotel – Industrial Agreement B77 of 1992 1 May 1992 Red Cross Blood Transfusion Service Employees' Award – State B121 of 1992 16 April 1992 Regional Health Authorities – Senior Medical Officers' and Resident Medical Officers' Award – State

R7-3 of 1992 1 February 1995

Remand and Reception Centre (Brisbane) – Employees – Industrial Agreement

B285 of 1993 9 August 1993

Residential Colleges (University of Queensland St. Lucia Campus) Award – South-Eastern Division

B2000 of 1996 1 January 1997

Retail Industry Interim Award – State R13-0, R16-0, R17-0 and R3-

4 of 1989 and R34-1 of 1990 10 May 1993

Rice Milling and Rice Storing – Lower Burdekin Rice Producers' Co-operative Association – Industrial Agreement

B79 of 1992 1 May 1992

River Connections Pty Ltd – Industrial Agreement IA23 of 1997 24 March 1997 Road Service Patrols Award – Royal Automobile Club of Queensland

B1223 of 1994 18 November 1994

Rocky Point Products Industrial Agreement IA10 of 1997 11 February 1997 Royal Queensland Bush Children's Health Scheme – Industrial Agreement

B77 of 1992 1 May 1992

Rubber and Plastic Industry Award – State B79 of 1992 1 May 1992 Rubber Boot, Shoe and Rubber Goods Manufacturers' Award – South-Eastern Division

B79 of 1992 1 May 1992

Salt Industry Award – State R20-0 of 992 12 December 1992 Sanctuary Cove Employees Award B77 of 1992 1 May 1992 School Officers' Award – Non-Governmental Schools B124 of 1991 27 February 1995 Sea Swift Pty. Ltd. – Industrial Agreement B79 of 1992 1 May 1992 Security Industry (Contractors) Award – State B165 of 1992 18 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Senior Officers’ Award – Queensland Fire Service B191 of 1994 30 May 1994 SEPR Australia Pty Ltd – Refractory Brick Manufacturing – Industrial Agreement

IA85 of 1995 15 September 1995

Silo Employees' Award – Northern Division B79 of 1992 1 May 1992 Skyrail Rainforest Cableway Employees’ Award B114 of 1996 1 July 1996 The Smith’s Snackfood Company Ltd, Tingalpa, Qld Award 1998

B1689 of 1998 21 September 1998

Soap and Washing Soda Crystal Manufacturers' Award – Southern Division (Eastern District)

B229 of 1992 10 June 1992

Sports Ground Employees' Award – Southern Division (Eastern District)

B82 of 1992 1 May 1992

Storemen and Packers – Campbells Cash & Carry Pty. Limited – Industrial Agreement

B434 of 1994 4 July 1994

Storemen and Packers – Davids Holdings Pty. Limited – Grocery and Variety Distribution Centre – Industrial Agreement

B434 of 1994 4 July 1994

Stradbroke Ferries Pty. Ltd. – AWU – Industrial Agreement IA32 of 1993 23 August 1993 Subway – Fast Food Industry Award – South-Eastern Division – Industrial Agreement

IA39 of 1994 28 October 1994

Subway – Fast Food Industry Award – State (Excluding South-East Queensland) – Industrial Agreement

IA38 of 1994 28 October 1994

Sugar Industry Award – State B81 of 1992 1 May 1992 Sugar Refiners' Award – Millaquin and Brisbane B81 of 1992 1 May 1992 Suncorp Award – State B585 of 1994 25 July 1994 Take-away Food Production Employees – Golden Dragon Products, Zillmere – Industrial Agreement

A22 of 1992 13 April 1992

Tanning Industry Award – State B163 of 1992 22 June 1992 Tea Industry Award – State B79 of 1992 1 May 1992 Teachers' Award – Non-Governmental Schools B491 of 1993 11 October 1993 The Draftpersons, Production Planners and Engineering Assistants Award – State


Theatrical Employees’ Award – State B496 of 1992 and B971 of

1995 31 August 1995

Theatrical Employees – Local Authority Area Theatres – Industrial Agreement

B113 of 1992 31 March 1992

Tobacco Farm Workers – Industrial Agreement B79 of 1992 1 May 1992 Toll Collectors Etc., Employees Award – State B80 of 1992 1 May 1992

Name of Award or Industrial Agreement Case No. Date of Operation Totalisator Administration Board of Queensland Employees’ Award – State

B1637 of 1996 8 October 1996

Van Salesmen's Award – Southern Division B519 of 1992 23 November 1992 Veterinary Employees – Animal Protection League – Industrial Agreement

B104 of 1992 13 May 1992

Veterinary Surgery, Clinic and Practice Employees Award – State

B77 of 1992 1 May 1992

Vision Queensland Award – State B890 of 1998 12 June 1998 Wall Panels and Fixtures Processing and Manufacture – A.J. Bates (Australia) Ltd. – Industrial Agreement

B79 of 1992 1 May 1992

Wheaten, Biscuit Production Employees – Lemlodge Pty. Ltd. – Industrial Agreement

A66 of 1992 11 November 1992

Wine and Spirit Stores Award – South-Eastern District 2R12-1C of 1990 9 June 1992 Wool Classers and Wool Sorters (Other than Wool Classers and Wool Sorters Employed in Shearing Sheds) Award – South-Eastern Division

B79 of 1992 1 May 1992

Work Venture Incorporated – AWU – Industrial Agreement B77 of 1992 1 May 1992 Yatala Pies Pty. Ltd. – Industrial Agreement A65 of 1992 11 November 1992 Zarb Road Transport Pty. Ltd. – Industrial Agreement IA5 of 1997 16 June 1996

Attachment B

I, Terence Burke, the deponent, of 117 Fortescue St, SPRING HILL QLD 4000 make oath as follows – 1. I am the General Secretary of the Queensland Independent Education Union and I am

authorised under the Act and rules to make this affidavit. 2. The agreement, attachment A is not a project agreement. 3. The agreement is made with one employee organisation. 4. The full name and addresses of the employee organisation is –

Queensland Independent Education Union 117 Fortescue St SPRING HILL QLD 4000

5. The employer, Brisbane Independent School of 2477 Moggill Rd, KENMORE QLD 4069 is

in the Education Industry. 6. The name of the relevant award is the Teachers’ Award – Non-Governmental Schools. 7. The address at which the employees to be covered by the agreement is below. 8. The number of female employees to be covered by the agreement is 2. 9. The number of male employees to be covered by the agreement is 0. 10. The number of apprentices to be covered by the agreement is 0. 11. The number of trainees to be covered by the agreement is 0. 12. The name and address of each employer to be bound by the agreement is Brisbane

Independent School, 2477 Moggill Rd, KENMORE QLD 4069. 13. This Certified Agreement is not a project Agreement. 14. The persons who negotiated the agreement were:

Dr Paul Giles, Organiser of Queensland Independent Education Union of Employees Ms Kerry Powell, Teacher Brisbane Independent School Ms Suzanne Watson, Teacher Brisbane Independent School on behalf of the employees and Dr Rockley Boothroyd, President of Brisbane Independent School Committee 2000.

15. The average percentage by which the wages of the employees to be covered by the agreement will increase under the agreement compared with wages before the agreement is 4%.

16. The wages of the employees to be covered by the agreement will not be decreased. 17. The nominal expiry date of the agreement is 1st October 2001.

18. The steps taken to ensure compliance with section 143 of the Act were:

QIEU advised the other proposed parties to the Agreement on 7 February 2001 that it was our intention to negotiate an Agreement. Negotiations did not commence until at least 14 days after this advice was given.

19. The steps taken to ensure compliance with section 144 were that employees were provided

with a copy of the proposed agreement more than 14 days before the ballot and were provided with an explanation regarding the affects of the proposed agreement. The results of the ballot were 2 accepting the ballot, 0 rejecting the ballot and 0 non returns.

20. The Certified Agreement is not a project Agreement. 21. To the best of my knowledge the employer did not coerce, or attempt to coerce, any relevant

employee not to make a request to a relevant employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement.

22. The Certified Agreement is made with one employee organisation. 23. The procedures for preventing and settling disputes are set out in clause 2.3. 24. The further information in support of this application is (set out any other information supporting the application) I swear that the facts set out above are true. Deponent [SWORN] [AFFIRMED] by the deponent at on before me (Signature) [Justice of the peace] [commissioner for declarations] [lawyer] (other)

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