Form 40 Application for certification of agreement Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement) QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s 156. THE KOORALBYN INTERNATIONAL SCHOOL LIMITED AND QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES AND THE AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION – QUEENSLAND BRANCH, UNION OF EMPLOYEES AND THE QUEENSLAND NURSES UNION OF EMPLOYEES AND TRANSPORT WORKERS’ UNION OF AUSTRALIA, UNION OF EMPLOYEES (QUEENSLAND BRANCH) (No.CA of 2001) APPLICATION FOR CERTIFICATION OF THE KOORALBYN INTERNATIONAL SCHOOL - CERTIFIED AGREEMENT 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 The Kooralbyn International School Limited AND Queensland Independent Education Union of Employees, The Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees, The Queensland Nurses Union of Employees and Transport Workers’ Union of Australia, Union of Employees (Queensland Branch). 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 Christopher Russell Seymour which is the attachment marked B. Particulars of current or previous certified agreement(s) (a) The Kooralbyn International School Enterprise Bargaining Agreement 1998 - CA586 of 1998 (b) The Kooralbyn International School Enterprise Bargaining Agreement 1996 – CA530 of 1996 This agreement replaces the agreements in (a), (b) above Dated: Form 40, R.139(1).
Transcript
Form 40 Application for certification of agreement
Industrial Relations Act 1999, section 156
(Form to apply for certification of an agreement)
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1999, s 156.
THE KOORALBYN INTERNATIONAL SCHOOL LIMITED
AND
QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES
AND
THE AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION – QUEENSLAND BRANCH, UNION OF EMPLOYEES
AND
THE QUEENSLAND NURSES UNION OF EMPLOYEES
AND
TRANSPORT WORKERS’ UNION OF AUSTRALIA, UNION OF EMPLOYEES (QUEENSLAND BRANCH)
(No.CA of 2001)
APPLICATION FOR CERTIFICATION OF THE KOORALBYN INTERNATIONAL SCHOOL - CERTIFIED AGREEMENT
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 The Kooralbyn International School Limited AND Queensland Independent Education Union of Employees, The Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees, The Queensland Nurses Union of Employees and Transport Workers’ Union of Australia, Union of Employees (Queensland Branch). 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 Christopher Russell Seymour which is the attachment marked B. Particulars of current or previous certified agreement(s) (a) The Kooralbyn International School Enterprise Bargaining Agreement 1998 - CA586 of 1998 (b) The Kooralbyn International School Enterprise Bargaining Agreement 1996 – CA530 of 1996
This agreement replaces the agreements in (a), (b) above
Dated: Form 40, R.139(1).
Signed for The Kooralbyn International School Limited: – In the presence of: (signature) (witness to sign) (print name) (print name) (position, title, office etc) AND Signed for the Queensland Independent Education In the presence of: of Employees (signature) (witness to sign) (print name) (print name) (position, title office etc) Signed for the Australian Liquor, Hospitality and Miscellaneous In the presence of: Workers Union – Queensland Branch (signature) (witness to sign) (print name) (print name) (position, title office etc) Signed for the Queensland Nurses Union of Employees In the presence of: (signature) (witness to sign) (print name) (print name) (position, title etc) Signed for the Transport Workers’ Union of Australia In the presence of: Union of Employees (Queensland Branch) (signature) (witness to sign) (print name) (print name) (position, title etc) This agreement is certified under the Industrial Relations Act 1999, chapter 6, part 1. (Signature) (name of commissioner) Industrial Commissioner Filed on , certified by the commission and given Register No in the Certified Agreements Register. Dated
(day, month and year) Industrial Registrar Operative date:
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Attachment A (See Chapter 6, part 1, of the Act, regulation, part 4 & rules, part 10, in particular r.140)
THE KOORALBYN INTERNATIONAL SCHOOL CERTIFIED AGREEMENT ARRANGEMENT
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
1.5. Single Bargaining Unit 5
2. RELATIONSHIP TO THE AWARDS 5
2.1. Relationship with Parent Awards 5
2.2. Award Provisions 6
2.3. Grievance and Dispute Settlement Procedure 6
2.4. Joint Consultative Committee 7
2.5. Continuous Improvement 8
3. RELATIONSHIP TO AIMS OF THE SCHOOL 8
3.1. Preamble 8
3.2. Acknowledgment 8
3.3. Objectives 8
4. WAGES 9
4.1. Wage Increases 9
4.2. No Further Increases 9
4.3. Salary Packaging 9
4.4. Superannuation 11
5. EFFICIENCY AND EFFECTIVENESS INITIATIVES 11
5.1. Efficiency and Effectiveness Measurements 11
5.2. Alternative Modes of Delivery 11
5.3. Positions of Added Responsibility 11
5.4. Senior Teacher 11
5.5. Professional Development – Industrial Relations 12
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5.6. Code of Ethics 13
5.7. Union Recognition 13
5.8. Teaching Resources 13
5.9. Job Share 13
5.10. Workplace Health and Safety 13
5.11. Job Security 13
5.12. Cost Savings 14
5.13. Professional Training Leave for Staff 14
5.14. Co-Curricular 14
5.15. Boarding House Issues 14
5.16. Induction 14
5.17. Personal Use of Motor Vehicles 15
5.18. Primary Release Time 15
5.19. Outsourcing 15
5.20. Pay Advice 15
5.21. Administration of Medication 16
6. NON-SALARY BENEFITS 16
6.1. Long Service Leave 16
6.2. School Officers Leave 16
6.3. Sick Leave 16
6.4. Maternity Leave 16
6.5. Income Protection 16
6.6. Jury Service Leave 16
6.7. Time off in Lieu 17
6.8. Meals 17
6.9. Rural Fire Fighting 17
7. MATTERS RESERVED 17
8. SAVINGS CLAUSE 18
9. FUTURE RE-NEGOTIATION OF AGREEMENT 18
9.1. Variation, Renewal or Replacement of Agreement 18
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1. PRELIMINARY
1.1. Title
This Agreement shall be known as The Kooralbyn International School - Certified Agreement 2001.
1.2. Application
This Agreement shall apply to The Kooralbyn International School and all its employees and to the Unions signatory to this Agreement.
1.3. Date and Period of Operation
This Agreement shall operate from the date of certification and shall have a nominal expiry date of 31 December 2004.
The Agreement may only be terminated by any of the Parties to the Agreement in the matter prescribed by the Industrial Relations Act 1999.
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.
1.5. Single Bargaining Unit
For the purposes of negotiating this Enterprise Agreement a Single Bargaining Unit (SBU) has been established consisting of Employee, Union and Management representatives and specifically with membership as follows:-
(a) Representatives of Employees, academic staff, school officer staff, services staff, boarding staff, and a QIEU representative acting for and on behalf of all Unions party to this Agreement.
(b) Management representatives and an Industrial Adviser.
2. RELATIONSHIP TO THE AWARDS
2.1. Relationship with Parent Awards
This Agreement shall be read and interpreted in conjunction with Awards and Industrial Agreements having application to or adopted for the purposes 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
School Officers School Officers’ Award - Non-Governmental Schools
Kitchen Staff Boarding Schools, Residential Schools and Other Non-Commercial Establishments Accommodation Award - South Eastern Division
Cleaners and Caretaker Miscellaneous Workers’ Award - State
Boarding House Staff Boarding Schools, Residential Schools and Other Non-Commercial Establishments Accommodation Award - South Eastern Division
Groundstaff Greenkeeping Industry Award - State
Nurse Nurses’ Award – State
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Bus Drivers Motor Drivers, etc Award - Southern Division
In the event of any inconsistency with existing Awards and Industrial Agreements, the terms of this Agreement will take precedence.
2.2. Award Provisions
The Provisions of the above Awards as applicable at 1 April, 1997 , will form part of this Agreement unless specifically varied by this Agreement.
2.3. Grievance and Dispute Settlement Procedure
2.3.1 The Parties acknowledge that a grievance procedure is a means for parties to resolve complaint. The parties desire that the process be simple and user friendly in order that complaints be dealt with through the correct channels, speedily, informally and with flexibility. It is paramount that during the resolution of a grievance there be ongoing productivity, efficiency and effectiveness.
Subject to the Industrial Relations Act 1999, any grievance or dispute affecting the working conditions of employees, the level of performance of an employee or any other industrial matter pertaining to the relations between the School and employees shall be dealt with in the following manner:
(a) Employees shall discuss any grievance or dispute with their immediate supervisor, in the company of a colleague of their choice if requested or, if they so wish, have their representative discuss such grievance or dispute on their behalf. This step should commence within 24 hours of the issue arising and be completed within seven days of the initiation of the action.
(b) If no settlement of the grievance or dispute is reached at Step 1, the matter shall be discussed between the employees and/or their representative’s and the relevant department head or a nominated representative thereof e.g. Dean of Studies, Deputy Principal, Head of Primary. This step should be completed within seven days of the initiation of action in accordance with this Step.
(c) If the grievance remains unresolved the employee or the immediate supervisor can submit the matter in writing to the Principal. That written communication will refer to the grievance procedure and outline the concerns.
The Principal will ensure that the employee has the opportunity to present all aspects of the grievance and that it is investigation officer to consider the detail of the matter. The investigation officer will be an employee other than the immediate supervisor or the relevant department head or nominated representative as set out in Step 2 above. This step shall take no longer than fourteen days.
(d) If no agreement is reached at Step 3 the matter may be reported to the State Secretary/s of the relevant Industrial Organisation/s and the relevant management representatives for their joint consideration. This step should be completed within fourteen days of the initiation of action in accordance with this Step.
(e) In the event that settlement of the matter cannot be reached at Step 4 it shall be notified to the Industrial Relations Commission in accordance with the provisions of the Industrial Relations Act 1999.
(f) While ever any dispute or grievance is sought to be resolved in accordance with this clause, the requirements of the employer will be implemented without prejudice to the resolution of the dispute. This shall not apply in the case of a general safety issue or in the case of dismissal or action that could lead to dismissal from employment.
(g) All parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Commissioner with a view to the prompt settlement of the dispute.
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(h) 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.
(i) Discussions 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 pursuant to the Industrial Relations Act 1999.
2.3.2 During the life of this Agreement, a policy is to be formulated by the school in relation to the handling of grievances arising from harassment and discrimination.
2.4. Joint Consultative Committee
Joint Consultative Committee reflecting the Single Bargaining Unit shall be established to address the ongoing consultation required to achieve the efficiency and effectiveness initiatives identified in this Agreement.
The parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of The Kooralbyn International School. The parties also accept that according to the authority and responsibility structures of The Kooralbyn International School, final decision making remains the prerogative of each school’s governing council as exercised through its chief executive, the Head or Principal is committed to a process of consultation with employees.
OBJECTIVES OF JOINT CONSULTATIVE COMMITTEE
The Joint Consultative Committee is established to implement, monitor and evaluate Enterprise Bargaining Agreements at the School level. The objectives of the Committee are:
(a) to promote a co-operative approach to the implementation of the terms of the Enterprise Bargaining Agreement;
(b) to plan and ensure that necessary changes in work practices and organisation are implemented;
(c) to provide a mechanism for employees to have input into decisions that affect their working lives, thus providing a more satisfying work environment;
(d) to provide a mechanism for employees to be involved in problem solving.
TASKS OF THE JOINT CONSULTATIVE COMMITTEE
To achieve the above objectives, the Joint Consultative Committee will:
(i) monitor the implementation of the Agreement.
(ii) recommend items to be included in the next Enterprise Bargaining Agreement.
(iii) consult with all Parties affected by ongoing implementation.
(iv) Develop position on the Reserved Matters
The School Consultative will reflect the staffing structure of the School and should include:
Up to 3 persons appointed by the School Employing Authority;
Up to 2 Union member elected by QIEU School Chapter;
3 members, 1 elected from each of the following areas- Teaching, School Officer/Services Staff and Boarding Staff.
Where appropriate, other relevant personnel may be co-opted for input in specific issues.
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Proposed changes to conditions not already identified will be included in future stages of the agreement where they have the agreement of the majority of the employees affected by the proposal. Where this is required, all employees directly affected will be consulted as a group and addressed by representatives of the Joint Consultative Committee and/or representative of relevant unions. In these circumstances agreement is defined as a majority of employees affected. However, Parties acknowledge that consensus should, wherever possible be the basis of agreement. In determining the outcome neither party will unreasonably withhold agreement.
2.5. Continuous Improvement
It is agreed by the parties to this Agreement, that where efficiency and effectiveness issues are identified and solutions agreed upon at a school level by majority vote such initiatives shall be implemented as soon as practicable.
In all cases such changes shall be recorded centrally by the employer and by the relevant union/s for reference by all parties in connection with, for example, future renegotiation of this Agreement.
3. RELATIONSHIP TO AIMS OF THE SCHOOL
3.1. Preamble
The Kooralbyn International School offers a broad liberal education which aims to develop students intellectually, socially, physically, emotionally, aesthetically and morally in an international environment. We believe that in an ever shrinking world, Australians must develop an awareness of other people and culture and become responsible young citizens of the world.
This Agreement has three major priorities, which are considered essential for TKIS to maintain and preserve the special qualities, which give the School its uniqueness.
These priorities are that, through this Enterprise Bargaining Agreement:
(a) the distinctive internationalism of the School;
(b) the high quality of education provided;
(c) the mutual respect between employer and employee;
are supported and maintained.
3.2. Acknowledgment
The Parties to this Agreement acknowledge and work towards the achievement of the School Mission detailed in Clause 3.1.
3.3. Objectives
This agreement provides a framework for management, employees and unions to work together towards improving productivity and efficiency.
The Objectives of the Enterprise Agreement are to develop a culture of workplace reform by:
3.3.1 Improving the quality of service to client groups;
3.3.2 Improving the quality of teaching;
3.3.3 Improving the learning outcomes for students;
3.3.4 Improving the quality of management;
3.3.5 Improving the effectiveness of support services in contributing to the provision of quality teaching and learning and the pastoral care of all students and staff;
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3.3.6 Enhancing the provision of broad curriculum services for students through effective and efficient School arrangements and practices;
3.3.7 Developing collaborative and consultative decision making processes;
3.3.8 Creating more effective School management and resourcing processes which increase flexibility, responsiveness and professionalism;
3.3.9 Reflecting upon and giving support to the principles of employment equity, social justice, and accountability;
3.3.10 Recognising the key role of staff members in The Kooralbyn International School;
3.3.11 Providing benefits to employees through improved wages linked to their contributions to the development and implementation of workplace reform and through improvements in the working environment and the financial position of The Kooralbyn International School;
3.3.12 Recognising the commitment of staff and management to the process and outcomes of Enterprise Bargaining; and
3.3.13 Reviewing resources to ensure cost minimisation without affecting quality or standards.
4. WAGES
4.1. Wage Increases
4.1.1 This Agreement provides for the following wage increases to be implemented as follows:
(a) 3% increase from 1 February, 2002
(b) 3% increase from 1 July, 2002
(c) 2% increase from 1 February, 2003
(d) 2% increase from 1 July, 2003
(e) 2% increase from 1 February, 2004
These percentage increases will apply to all staff.
4.1.2 The parties agree that the goal of salary outcome is to maintain parity salary with Education Queensland teacher outcomes.
4.1.3 When Education Queensland outcomes are next known the SBU will reconvene and develop a revised salary schedule reflecting similar outcomes to Education Queensland.
4.2. No Further Increases
There shall be no further wage increases during the life of this Agreement.
The Agreement constitutes a closed Agreement in settlement of all matters for its duration. Further the unions undertake that there will be no further claims which would alter labour costs for the life of the Agreement, beyond those envisaged by this agreement, as outlined in Clause 4.1.
Provided that this clause shall not preclude the negotiations and/or variation in relation to the School Officers Case No B1732 of 2000 and B440 of 2001 which is current in the Queensland Industrial Relations Commission.
4.3. Salary Packaging
Notwithstanding the salary rates specified in this Agreement, where agreed between the employer and an employee being a full time or part-time employee, the employer may introduce remuneration packaging in respect of salary (including and negotiated salary allowable) and the terms and conditions of such a package
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shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this Agreement and shall be subject to the following provisions:
4.3.1 The employer shall advise the employee, in writing, that all employment conditions, rather than the salary (including any negotiated salary allowable) shall continue to apply.
4.3.2 The agreement, the terms and conditions of which shall be in writing and signed by both the employer and employee, shall detail the components of the total remuneration package for the purpose of this agreement. A copy of an authority form is attached.
4.3.3 The employee shall package up to fifty percent (50%) of the applicable salary described in Clause 4.1 to a non-salary benefit.
4.3.4 A copy of this agreement referred to in 4.3.2 above, shall be given to the employee, and the employee shall be given adequate prior opportunity to consult with their Union.
4.3.5 The configuration of the remuneration package shall remain in force for the period agreed between the employee and the employer.
4.3.6 Where at the end of the agreed period the full amount allocated to a specific benefit has not been utilised, then that unused amount shall be paid as salary which will be subject to usual taxation requirements.
4.3.7 The composition of salary packaging can only be altered annually save for changes in remuneration or emergency situations. Relevant administration costs will be paid by the employee concerned.
4.3.8 The decision to participate in Salary Packaging is the choice of the individual. Should the Australian Taxation Office withdraw the opportunity for Salary Packaging, the employer will not be responsible for any compensation.
4.3.9 In the event of a change in legislation which nullifies or reduces the benefits of a salary packaging to the detriment of employees conditions as agreed, all salary packaging arrangements shall be terminated and individual employees’ wages will revert to the agreement rates of pay as per Clause 4.1 and conditions. The agreement will then be subject to re-negotiations. If the employee elects to continue the packaging, the cost of payment of the FBT will be passed back to the employee, or benefit items can be converted back to salary to be taxed at the relevant PAYE tax rate.
4.3.10 The calculation of the entitlements concerning annual leave, all appropriate penalties and annual leave loading will be based on the value of the employee’s total wage as outlined in Clause 4.1 of this agreement.
4.3.11 Should a staff member cease employment during the term of this agreement, any unused Salary Sacrifice Benefit will either be paid to one of the nominated allowable items or shall be converted to normal payable gross wages and paid out on termination attracting the appropriate taxation.
4.3.12 The cost of administering the package via an external remuneration agency selected by the employer and other associated financial advice sought by the employee shall be borne by the employee.
4.3.13 In the event of an employee providing false or misleading information in respect to expenditure in line with items nominated and where this may prejudice the continuation of the packaging arrangements, access to packaging will be withdrawn by the employer for the employee concerned.
4.3.14 Notwithstanding any of the above arrangements, the employee or employer may cancel any salary packaging arrangements by giving one month’s notice of cancellation.
4.3.15 Superannuation can only be packaged to the Queensland Independent Education and Care Superannuation Trust.
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4.4. Superannuation
4.4.1 The Parties agree that the Queensland Independent Education and Care Superannuation Trust shall be the only approved scheme as defined by clause 9(a) of the Teachers' Award Non-Governmental Schools for employees subject to this Agreement.
4.4.2 New employees who are members of an existing approved fund under the Superannuation Industry (Supervision) Act 1993 and the Award Clause – Superannuation Guarantee Charge may continue with membership of that existing fund.
5. EFFICIENCY AND EFFECTIVENESS INITIATIVES
5.1. Efficiency and Effectiveness Measurements
The parties will develop performance indicators for the measurement of efficiency and effectiveness initiatives.
Where a dispute arises, the issue shall in the first instance be referred to the Single Bargaining Unit (SBU) as a consultative committee. However, this does not remove the rights of an individual or group under Clause 2.3 Procedures for Preventing and Settling Disputes.
5.2. Alternative Modes of Delivery
5.2.1 In examining the relevant issues the parties will seek to identify alternative methods of delivery of our education model within the School. Such examination will include but not be limited to the use of eternal providers, (eg. Open Learning; TAFE; School of Distance Education; satellite transmissions), multimedia technology, tertiary models of delivery such as a combination of lectures and tutorials in secondary subjects, unitisation of courses and other innovations could be explored as vehicles for improvement.
5.2.2 Examination of relevant issues to maximise student learning tie shall include but not be limited to:
(a) Use of in-service days;
(b) Reporting processes;
(c) Flexibility of delivery of curriculum;
(d) Structure of school day;
(e) Learning outside the classroom and excursions;
(f) Use of school facilities to conduct elective courses.
5.3. Positions of Added Responsibility
The parties acknowledge that there does not exist any industrial regulation for positions of added responsibility in the School apart from the provisions in the Teachers’ Award Non-Governmental Schools for Subject Masters/Mistresses.
It is agreed that a fair and effective system will be developed and put in place that reflects the needs of the School for the life of this Agreement.
5.4. Senior Teacher
5.4.1 It is agreed by the Parties that a Senior Teacher provision apply from 1 January, 2002.
5.4.2 It is further agreed that the provisions will form part of this Agreement.
The criteria to become a Senior Teacher is included in this agreement in Schedule 2.
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Teachers seeking to be classified as Senior Teacher are to indicate they will make application before the end of November, 2001.
The Senior Teacher rate of pay shall apply from 1 January, 2002.
5.5. Professional Development – Industrial Relations
5.5.1 Upon written application, endorsed by the relevant Union, and giving the Employer at least one (1) month’s notice, an Employee shall be granted up to three (3) working days leave (non-cumulative) on ordinary pay to attend courses and seminars conducted by:
(a) TUTA ( Trade Union Training Australia Inc);
(b) ACTU; or
(c) specific Union Training courses approved by the Union.
Courses under category (2) and (3) must be endorsed by the Employer.
Such training may include issues such as:
(i) Single Bargaining Unit and preliminary Enterprise Bargaining training;
(ii) Negotiating at the School Levels;
(iii) Joint Consultative Committee training;
(iv) School Chapter Representatives training.
For the purposes of these provisions “ordinary pay” shall mean the ordinary fortnightly or weekly rate paid exclusive of any allowance for travelling time and fares.
5.5.2 The granting of leave specified in (1) above shall be subject to the following conditions;
(a) The Employee must have at least two (2) years uninterrupted service with the Employer prior to the date of granting leave.
(b) The maximum number of Employees from any one work area granted leave at the same time shall be as follows:
Up to 20 Employees 1
More than 20 Employees. 2
Provided that where the Employer has more than one place of employment in Queensland, then the formula shall apply to the number of Employees employed in or from each place of employment.
5.5.3 The granting of leave shall be subject to the reasonable convenience of the Employer so that the operations of the school will not be unduly affected.
5.5.4 No Employee shall be granted leave exceeding the duration of the TUTA course, or seminar to attend. No Employee shall be entitled to be granted a second or subsequent period of leave prior to the expiration of a period of three years from the date of commencement of the last period of leave granted.
5.5.5 The scope, content and level of the course or seminar shall be such as to contribute to a better understanding of industrial relations within the Employer’s operations, and in particular, a better understanding of the industrial instruments and industrial issues impinging upon the working life of the Employee.
5.5.6 The Employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangement are instituted to cover the absence of the Employee.
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5.5.7 Such paid leave granted under this provision shall not affect any other leave granted to an Employee under a relevant industrial instrument.
5.6. Code of Ethics
The Employing Authority and teaching employees recognise the relevance of the Code of Ethics for Queensland Teachers (Attached as Schedule 3) introduced by the Queensland Board of Teacher Registration, as a generic, interactive document for Catholic Schools and acknowledge its preamble and are committed to its set of principles. It is understood that the aim of such a code is to support teachers and to demonstrate their professional status.
5.7. Union Recognition
5.7.1 The Employer recognises the role of Unions in representing the interests of their members, the right of Employees to join a relevant Union and the rights of Union Officers as contained in the Industrial Relations Act 1999.
5.7.2 The employing authority agrees to provide access for workplace union representatives to the use of communication equipment, for the purpose of carrying out their union workplace responsibilities. Such access will be in accordance with local arrangements for all staff at the school for the use of this equipment.
5.7.3 Subject to agreement with the respective union, the employing authority shall make available to all employees, facilities for the payment of their union fees, by payroll deduction or other schemes as agreed. The operation of any such facility shall be dependent upon the appropriate authorisation being signed by the employee.
5.7.4 A school’s induction program shall include the provision of information relevant to union coverage, membership.
5.8. Teaching Resources
The Employer shall provide access to such textbooks, computer hardware and/or software as the Principal/Employing Authority considers necessary for curriculum delivery, support or management. All such equipment shall remain the property of the School.
5.9. Job Share
The Parties agree that where a Job Share position is designated, subject to the Teachers’ Award - (Non-Governmental) Schools, that the Employer and the employees affected shall establish the following in addition to the relevant Award provisions:
5.9.1 notice periods to initiate any consideration of changes to arrangements;
5.9.2 joint planning arrangements;
5.9.3 attendance at whole School professional development and in-service, including pupil free days;
5.9.4 assessment and reporting arrangements including parent/teacher interviews.
All such arrangements shall be documented prior to the commencement of the Job Share arrangement and copies held by the Employer and copies provided to Employees affected.
5.10. Workplace Health and Safety
The Parties agree that the aims of efficiency and effectiveness can be advanced by implementing strategies to achieve healthier and safer jobs. A continuing review of workplace health and safety procedures will be undertaken by the Workplace Health and Safety Representative and if necessary further guidelines developed, including the provision of training to reduce the incidence and cost of occupational injury and illness.
5.11. Job Security
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The Parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the School. The Parties further acknowledge that employees are a critical element in the improvement of Quality Service Delivery. Arbitrary job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought.
5.12. Cost Savings
The parties are to examine all areas of cost saving including energy usage and waste reduction.
5.13. Professional Training Leave for Staff
5.13.1 The Parties to this Agreement are jointly committed to the provision of appropriate training for all employees working under the Agreement and achieved by way of training to enhance and develop work skills of employees consistent with an agreed performance and development plan.
5.13.2 Training shall comply with the criteria and guidelines established by the Parties to meet the requirements of the Employer.
5.13.3 Training may be undertaken either on or off the job, provided that where the training is undertaken during ordinary hours, the employee shall not suffer any loss of pay.
5.13.4 Where the Employer provides in-service training during working hours, employees are required to provide a report (either written or verbal) to the relevant Faculty Head or Supervisor and/or other relevant staff so the benefits can be utilised by all.
5.13.5 Professional development for all staff is agreed in principle depending upon what specific budget allocation and cost impact this will have. This issue is to be further negotiated by the Joint Consultative Committee.
5.14. Co-Curricular
A co-curricular model is to be developed and negotiated. This model may address honorary and voluntary or paid co-curricular requiring flexible working hours and class contact hours.
5.15. Boarding House Issues
The parties agree to review the boarding house. This review will involve, but not be limited to, the following areas:
(a) Boarding house structure;
(b) A career path for boarding staff;
(c) Accommodation;
(d) Position Descriptions;
(e) Boarding programs; and
(f) Salary Structures.
The review is to be undertaken and a negotiated outcome implemented by the beginning of Term 1, 2002.
5.16. Induction
A relevant and up-to-date induction program shall be developed and implemented for all new staff. Such an induction program may include, but not be limited to:
(a) Provision of a duty statement
(b) Identification of lines of support.
(c) Provision of material relevant to the ethos and mission of the school/system.
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(d) Provision of documents relevant to the school/system policies and procedures.
(e) Provision of information relevant to superannuation entitlements and options.
(f) Provision of information relevant to union coverage and benefits and introduction to the QIEU representative.
(g) Identification of placement of industrial and occupational health and safety documents and their availability to staff.
The School will ensure that persons responsible for the induction of new employees are adequately trained.
5.17. Personal Use of Motor Vehicles
Development of a policy on personal use of motor vehicles. If staff are required to use their motor vehicles on behalf of the school an allowance will be paid. Such allowance with be paid with appropriate attention to taxation issues.
5.18. Primary Release Time
The school will provide, for primary full time primary school teachers, a minimum of two (2) hours of non-contact time per working week to carry out educational planning and preparation and other tasks.
Part-time teachers, engaged for seven (7) hours or more per week, will receive non-contact time equivalent to time which reflects the proportion the hours the engagement bears to full-time contact hours.
5.19. Outsourcing
The parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the School. The parties further acknowledge that employees are a critical element in the improvement of quality service delivery.
Consistent with this commitment, arbitrary job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought.
To this end, the employer shall consult with employees regarding any consideration to contract out work currently being done by school employees with a view to reaching agreement on measures to avoid or minimise such contracting out.
The employer recognises the right of employees to consult with the relevant union on this matter.
Nothing in this clause limits the capacity of the Board to determine the use of contract labour to meet needs arising from staff absences, project work, or new programs.
Furthermore, the final decision on outsourcing rests with the Board of the School.
5.20. Pay Advice
The parties agree to implementation of measures to provide all employees with pay advice showing the following:
(a) ordinary wage rate and the amount paid at that rate;
(b) overtime wage rate and the amount paid at that rate;
(c) gross wage paid;
(d) net wage paid;
(e) details of any deductions made from the wage;
(f) the amount of contribution paid to the superannuation fund.
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5.21. Administration of Medication
The administration of medication to students raises a number of legal considerations.
A policy and guidelines will be developed for the administration of medication to students by the School in consultation with the Joint Consultative Committee and employees.
6. NON-SALARY BENEFITS
6.1. Long Service Leave
6.1.1 All employees will be entitled to thirteen weeks Long Service Leave upon the completion of ten years continuous service, with accrual to commence from the date of employment. Long Service Leave is to be taken at a time convenient to the School and in consultation with the Principal.
During the life of this Agreement, a formal policy document will be established outlining the administration of the Long Service Leave scheme to include recognition of the provisions of the Industrial Relations Act 1999.
6.1.2 All employees will be able to access the second and subsequent accrual of Long Service Leave following the initial accrual, after a further five (5) years.
6.2. School Officers Leave
The School Officers are able to apply for annual leave at the appropriate time during the course of the school year. The development of an annual leave roster would be able to be put in place to assist this process.
6.3. Sick Leave
All employees will be entitled to sick leave at the rate of ten days per annum. Sick leave will be cumulative from year to year and will commence accrual from the date of appointment. In every other respect the provision of the Industrial Relations Act 1999 will apply. The granting of any additional paid sick leave in any one calendar year is at the sole discretion of the employer.
6.4. Maternity Leave
The Parties agree (pursuant to the Family Leave Award - State), eligible employees shall be entitled to six (6) weeks paid maternity leave from the date of confinement. Employees must have twelve (12) months of completed service. Part-time/casual employees will receive pro-rata paid maternity leave.
6.5. Income Protection
The parties acknowledge the benefits to employees of an on-going income from income protection insurance in periods of extended ill health.
The parties agree to advise the directors of the superannuation funds currently available to employees covered by this agreement that the parties have this view and would request that the directors give consideration to implementing an Income Protection Insurance provision if they have not already done so.
The parties further agree that any new superannuation fund, which is considered to receive employee superannuation with contributions paid by the employer, must have a compulsory income protection provision if it is to be authorised for such contributions.
6.6. Jury Service Leave
Where an employee is called for jury service and who is not exempted from that service, the employer will continue to pay the employee their normal wages and applicable allowances whilst on jury service, conditional on the following documentation:
(a) proof of attendance
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(b) duration of attendance and
(c) amount received
Any monies received for jury service by the employee will be paid to the employer on receipt.
6.7. Time off in Lieu
The Parties agree that:
6.7.1 The school office shall be staffed between 8 am - 5 pm each weekday during the calendar year if required by the employer.
6.7.2 It is agreed that a time off in lieu of overtime provision may apply for those occasions where overtime on any one day does not exceed one (1) hour per day. Normal overtime provisions apply thereafter. T.O.I.L may be accumulated over a one (1) week period and taken prior to the conclusion of the next pay period.
6.7.3 The option to take T.O.I.L. or payment of overtime must be agreed between the employer and employee prior to the overtime being worked.
6.7.4 However staff will be provided with time off in lieu of authorised overtime on conditions of the overtime being taken within three (3) months of it being worked.
The Parties agree that non-teaching staff will work flexibly within the spread of hours to meet immediate work requirements subject to:
(a) The ordinary starting and finishing times for employees, provided that there is agreement between the employer and the majority and finishing times of individual employees, may be staggered within the spread of hours to allow different commencement of employees concerned.
(b) The ordinary hours of work prescribed herein shall not exceed ten (10) on any such day:
Provided that where the ordinary working hours are to exceed 7.6 hours on any such day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned. Such an arrangement may include a provision for working lesser hours on other days during the week such that normal weekly hours are not exceeded.
The Parties agree that ground and maintenance staff will have ordinary hours worked Monday to Saturday only.
6.8. Meals
Provisions to be developed for the accessing of meals for staff on a cost price basis. Provisions for routine staff meals as a professional development exchange to occur twice per term.
6.9. Rural Fire Fighting
Rural Fire fighting is a community service which employee’s are actively involved in because of the location of the school. Employee’s are mindful of their local community and professional commitment in undertaking the required time release for this activity.
7. MATTERS RESERVED
The Joint Consultative Committee is to develop a position on following issues.
(a) Hours of Duty Agreement
(b) Training and Professional Development – paid leave, unpaid leave, during and out of work hours
(c) Programmed curricular and extra curricular time
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(d) Superannuation contributions rate
(e) Redundancy Provisions
8. SAVINGS CLAUSE
The existing Award conditions and accrued entitlements of employees employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.
9. FUTURE RE-NEGOTIATION OF AGREEMENT
9.1. Variation, Renewal or Replacement of Agreement
The parties reserve the right to amend the Agreement in relation to matters fully agreed between the parties in accordance with Section 34 of the Industrial Relations Act 1999.
Subject to satisfactory implementation of this Agreement the Parties agree to re-open negotiations by 1 July 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 a further Certified Agreement in circumstances where all of the Parties genuinely agree that a variation is necessary.
Any agreed variation 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 19 of the Industrial Relations Act 1999.
Grade 2Driver of Motor Vehicle other than a bus 514.10$ 13.53$ 529.60$ 13.94$ 545.50$ 14.36$ 556.50$ 14.64$ 567.70$ 14.94$ 579.10$ 15.24$
Grade 3
Drive of a Bus with capacityof less than 25 people 523.50$ 13.78$ 539.30$ 14.19$ 555.50$ 14.62$ 566.70$ 14.91$ 578.10$ 15.21$ 589.70$ 15.52$
Grade 4
Driver of a Bus of more than25 people for day return 537.50$ 14.14$ 553.70$ 14.57$ 570.40$ 15.01$ 581.90$ 15.31$ 593.60$ 15.62$ 605.50$ 15.93$
Grade 5Driver of a Bus of more than25 people for 650km or more 546.70$ 14.39$ 563.20$ 14.82$ 580.10$ 15.27$ 591.80$ 15.57$ 603.70$ 15.89$ 615.80$ 16.21$
This provision shall operate from 1 July 1999 and prevail over Clauses 2(20), 8C and Schedule 2(2) of the Teachers' Award Non-Governmental Schools.
2. Senior Teacher
The Senior Teacher provision provides an opportunity for classroom teachers to undertake tasks at a high level which further teaching excellence and provide leadership amongst classroom teachers and which are consistent with the School’s Ethos, mission statement and strategic plan.
The tasks of a Senior Teacher will not be those of Promotional Positions and will be remunerated according to the Senior Teacher provisions as outlined in this schedule.
3. Eligibility
3.1. A Senior Teacher is a teacher who:
(i) has been on the classification Band 3 Step 4 for a period of at least 12 months or in the case of a part-time teacher when the aggregate amount of time paid is 1,000 hours; and
(ii) signs an undertaking consistent with Clause 4: Senior Teacher Action Plan: Operative Provisions.
(iii) is entitled to, subject to Clause 6, the relevant salary prescribed in Schedule 1.
3.2. The employing authority will initiate advice to the teacher regarding the teacher’s eligibility to be a Senior Teacher which will be:
(i) in writing and identify the date of eligibility; and
(ii) provided in a timely manner prior to the date of eligibility.
3.3. A teacher will not be prejudiced by not having complied with the undertaking given in Clause 4 due to circumstances relating to that undertaking beyond the control of the employee.
4.1. The teacher will submit a signed Senior Teacher Action Plan listing the high level task(s) which will be undertaken as a classroom teacher consistent with (a) the express intention of furthering teaching excellence and providing leadership amongst classroom teachers, and (b) the School’s Ethos, mission statement and strategic plan and which demonstrate one or more of the following:
(i) skills in effective classroom practices;
(ii) skills in curriculum implementation;
(iii) skills in curriculum development;
(iv) skills in evaluating and reporting students' progress;
(v) skills in developing positive relationships with students;
(vi) skills in the development of personal and professional relationships with other staff members, parents and the wider community;
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(vii) skills in the development and implementation of ideas gained from professional development activities to enhance students' learning;
(viii) skills in the development and implementation of ideas gained from professional development activities to promote organisational development or the school’s mission.
4.2. The demonstration of one or more of these skills may involve one or more of the following tasks in an identified context or area which shall be listed on the Senior Teacher Action Plan.
Providing support to the development of the Ethos and spirituality of the School;
Providing support to the development of strategic planning in the School;
Developing teaching-learning activities which enhance student learning;
Modelling effective teaching strategies and classroom management strategies;
Providing support to the implementation of a new syllabus;
Providing support to the evaluation of curriculum;
Making a contribution to the professional development of other teachers;
Providing pastoral support to students;
Providing pastoral support to other employees;
Providing support to core testing activities;
Undertaking the testing, recording and reporting associated with core assessment;
Providing support to the induction programme for new staff;
Undertaking an identified mentoring task(s);
Providing support to a year level co-ordinator;
Providing support to a subject area co-ordinator;
Participation in internal and/or external school/community committees;
Providing support to or undertaking a project activity;
Providing support to resource development.
The tasks are an indicative list only.
4.3. The required undertaking consistent with Clause 4.1 and 4.2 will be in the form of a Senior Teacher Action Plan (Addendum A).
4.4. The Senior Teacher Action Plan may be assisted by consideration of appropriate planning.
4.5. The Senior Teacher Action Plan will be provided to the Principal and when mutually agreed, signed by the teacher and the Principal. The Principal may request the teacher to reshape the Senior Teacher Action Plan in ways that respond to the specific needs of the school.
4.6. The Senior Teacher Action Plan may be altered by a teacher resubmitting the Senior Teacher Action Plan to the Principal and when mutually agreed, signed by the teacher and Principal. The teacher may resubmit a Senior Teacher Action Plan no more than once per year.
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4.7. A Senior Teacher shall review the Senior Teacher Action Plan each year and if necessary revise the Senior Teacher Action Plan. The Principal may request that a teacher revise the Senior Teacher Action Plan.
Where a Senior Teacher Action Plan is revised it will be provided to the Principal and when mutually agreed, signed by the teacher and the Principal.
The review of the Senior Teacher Action Plan shall form part of the agreed self-appraisal structure and processes as provided in Clause 2.3 of this agreement.
4.8. The task(s) identified in the Senior Teacher Action Plan will be undertaken in a timely manner and on request, with reasonable notice from the Principal.
5. Classroom Allocation
5.1. The task(s) of a Senior Teacher will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, within available resources and in accordance with the Hours of Duty Industrial Agreement.
6. Grievance
6.1. If a Senior Teacher does not comply with the terms of the undertaking in Clause 4 above the Principal will:
(i) outline the nature of the non-compliance, in writing, to the teacher; and
(ii) provide the teacher with adequate opportunity to explain/redress the situation.
6.2. If the teacher does not provide an explanation to the satisfaction of the Principal and after being given an opportunity, fails to address the situation, then:
(i) the Principal will provide a written determination to the teacher outlining the teachers non-compliance with the undertaking; and
(ii) the teacher will revert back to the classification of Band 3 Step 4 for a period of 12 months from the date of the Principal’s written determination.
6.3. After the 12 month period referred to in Clause 6.2 (ii) expires, the teacher is again eligible for access to Senior Teacher provided that the Principal is satisfied that the second undertaking given will be honoured.
6.4. Any teacher aggrieved by the decision not to appoint or to remove their classification of Senior Teacher or to refuse them re-entry to the Senior Teacher classification, may access the dispute resolution procedure Clause 2.3 of this Certified Agreement.
7. Remuneration
7.1. Remuneration payable to a Senior Teacher is at the rate prescribed in Schedule 1.
Remuneration shall be paid from the date of eligibility provided that the teacher provides an undertaking consistent with Clause 4 prior to that date. Where the teacher provides an undertaking, consistent with Clause 4, after the eligibility date remuneration shall be paid from the date the undertaking is provided.
Remuneration shall otherwise be paid from the date the teacher provides the undertaking (Attachment A) to the Principal.
8. Fixed Term Employees
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8.1. In the case of a full-time fixed term employee, then in addition to satisfying the conditions of Clause 4, a fixed term teacher can access Senior Teacher only if the teacher obtains an engagement for a period of at least three (3) school terms.
8.2. In cases where the classification of Senior Teacher is not accessed by a fixed term teacher, then there can be no Employing Authority requirement or expectation that tasks consistent with the Senior Teacher provision will be performed.
9. Eligibility of Part-Time Employees
9.1. In the case of a teacher employed on a part-time basis of at least 0.4 of a full time employee, such a teacher may access Senior Teacher classification through the process identified in Clause 4 and shall receive a proportional salary rate based on the salary rate of a Senior Teacher.
9.2. Task(s) undertaken by a part-time teacher will reflect the proportion of time employed at the school. No additional hours shall be paid to the part-time teacher for undertaking the Senior Teacher Action Plan.
9.3.
(i) In the case of a part-time employee, then in addition to satisfying the conditions of Clause 4, a part-time teacher can access Senior Teacher only if the teacher obtains engagement for a period of at least three (3) school terms.
(ii) In cases where the classification of Senior Teacher is not accessed by a part-time employee, then there can be no Employing Authority requirement of expectation that tasks consistent with the Senior Teacher provision will be performed.
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ADDENDUM A
SENIOR TEACHER ACTION PLAN Name: ……………………………………………………………. I agree to undertake the following high level task(s) in accordance with Clauses 4 and 5 (See over) of the Senior Teacher provision.
[Form will be printed double sided to include Clauses 4 and 5.]
Signature Date
Senior Teacher Status is operative from [INSERT DATE] and appropriate salary shall be paid from this date.
Principal Date
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4. Senior Teacher Action Plan: Operative Provisions 4.1. The teacher will submit a signed Senior Teacher Action Plan listing the high level task(s) which will be undertaken as a
classroom teacher consistent with (a) the express intention of furthering teaching excellence and providing leadership amongst classroom teachers, and (b) the School’s Ethos, mission statement and strategic plan and which demonstrate one or more of the following:
(i) skills in effective classroom practices; (ii) skills in curriculum implementation; (iii) skills in curriculum development; (iv) skills in evaluating and reporting students' progress; (v) skills in developing positive relationships with students; (vi) skills in the development of personal and professional relationships with other staff members, parents and the
wider community; (vii) skills in the development and implementation of ideas gained from professional development activities to enhance
students' learning; (viii) skills in the development and implementation of ideas gained from professional development activities to promote
organisational development or the school’s mission. 4.2. The demonstration of one or more of these skills may involve one or more of the following tasks in an identified context or
area which shall be listed on the Senior Teacher Action Plan. (i) Providing support to the development of the Ethos and spirituality of the School; (ii) Providing support to the development of strategic planning in the School; (iii) Developing teaching-learning activities which enhance student learning; (iv) Modelling effective teaching strategies and classroom management strategies; (v) Providing support to the implementation of a new syllabus; (vi) Providing support to the evaluation of curriculum; (vii) Making a contribution to the professional development of other teachers; (viii) Providing pastoral support to students; (ix) Providing pastoral support to other employees; (x) Providing support to core testing activities; (xi) Undertaking the testing, recording and reporting associated with core assessment; (xii) Providing support to the induction programme for new staff; (xiii) Undertaking an identified mentoring task(s); (xiv) Providing support to a year level co-ordinator; (xv) Providing support to a subject area co-ordinator; (xvi) Participation in internal and/or external school/community committees; (xvii) Providing support to or undertaking a project activity; (xviii) Providing support to resource development.
The tasks are an indicative list only.
4.3. The required undertaking consistent with Clause 4.1 and 4.2 will be in the form of a Senior Teacher Action Plan
(Attachment A).
4.4. The Senior Teacher Action Plan may be assisted by consideration of appropriate planning.
4.5. The Senior Teacher Action Plan will be provided to the Principal and when mutually agreed, signed by the teacher and the Principal. The Principal may request the teacher to reshape the Senior Teacher Action Plan in ways that respond to the specific needs of the school.
4.6. The Senior Teacher Action Plan may be altered by a teacher resubmitting the Senior Teacher Action Plan to the Principal
and when mutually agreed, signed by the teacher and Principal. The teacher may resubmit a Senior Teacher Action Plan no more than once per year.
4.7. A Senior Teacher shall review the Senior Teacher Action Plan each year and if necessary revise the Senior Teacher Action
Plan. The Principal may request that a teacher revise the Senior Teacher Action Plan.
Where a Senior Teacher Action Plan is revised it will be provided to the Principal and when mutually agreed, signed by the teacher and the Principal.
The review of the Senior Teacher Action Plan shall form part of the agreed self-appraisal structure and processes as provided in Clause 2.3 of this agreement.
4.8. The task(s) identified in the Senior Teacher Action Plan will be undertaken in a timely manner and on request, with
reasonable notice from the Principal. 5. Classroom Allocation
5.1. The task(s) of a Senior Teacher will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, within available resources and in accordance with the Hours of Duty Industrial Agreement.
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Attachment B I, Christopher Russell Seymour the deponent, Assistant General Secretary of the Queensland Independent Education Union, 117 Fortescue Street, Spring Hill, Queensland 4001 make oath as follows – 1. I am the Assistant General Secretary 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 four employee organisations. 4. The full names and addresses of the employee organisations are –
The Queensland Independent Education Union 117 Fortescue Street Spring Hill Qld 4000 The Australian Liquor, Hospitality and Miscellaneous Workers Union – Queensland Branch, Union of Employees Level 3, 74 Astor Terrace Spring Hill Qld 4000 The Queensland Nurses Union of Employees 56 Boundary Road West End Qld 4101 The Transport Workers’ Union of Australia, Union of Employees (Queensland Branch) 11 Alexandra Place Murarrie Qld 4172
5. The employer, Kooralbyn International School Limited of Ogilvie Place, Kooralbyn, Qld, 4285 is in the
education industry. 6. The name of the relevant awards are Teachers’ Award – Non-Governmental Schools, School Officers’
Award – Non-Governmental Schools, Boarding Schools, Residential Schools and Other Non-Commercial Establishments Accommodation Award – South Eastern Division, Miscellaneous Workers’ Award – State, Greenkeeping Industry Award – State, Nurses’ Award State, Motor Drivers, Etc Award – Southern Division.
7. The address at which the employees to be covered by the agreement are employed is above. 8. The number of female employees to be covered by the agreement is 26. 9. The number of male employees to be covered by the agreement is 29. 10. The number of apprentices to be covered by the agreement is nil. 11. The number of trainees to be covered by the agreement is nil. 12. The name and address of the employer to be bound by the agreement is the Kooralbyn International
School Limited, Ogilvie Place, Kooralbyn Qld 4285. 13. This Certified Agreement is not a project Agreement 14. The persons who negotiated the agreement were
Dr Paul Giles, Queensland Independent Education Union Mr Greg McGhie, Queensland Independent Education Union
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Mr Brad Shaw Mr Karl Mandla Mr Tim Roberts Mr Ross Howard on behalf of the Employees Mr Peter Krikstolaitis Mr Clive Keevil Mr Richard Higginbottom Mr Chris Wooles Ms Elizabeth Venz on behalf of the Employer
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 16. The wages of employees covered by the Certified Agreement is not decrease. 17. The nominal expiry date of the agreement is 31st December, 2004. 18. The steps taken to ensure compliance with section 143 of the Act were that QIEU advised the other
proposed parties to the Agreement on 31st July, 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 the 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 44 accepting, nil rejecting, 11 non-returns and nil informal.
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 four employee organisations. 23. The procedures for preventing and settling disputes are set out in clauses 24. The further information in support of this application is I swear that the facts set out above are true. (Signature) Deponent SWORN by the deponent at on before me Commissioner for Declarations
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(Last page) PARTICULARS OF THE EMPLOYER Name: The Kooralbyn International School Limited Business address: Ogilvie Place, Kooralbyn Qld 4285 Address for service: as above Phone number or contact phone number: Fax number (if any): 5544 6288 E-mail address (if any): 5544 6108 PARTICULARS OF OTHER PARTIES Name: Dr Paul Giles, Organiser, Queensland Independent Education Union of Employees Residential or business address: 117 Fortescue Street, Spring Hill Qld 4000 Address for service: as above Phone or contact phone number: 07 3839 7020 Fax number: (if any): 07 3839 7021 E-mail address (if any):] [email protected] Name: Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees Residential or business address: Level 3, 74 Astor Terrace, Spring Hill Qld 4000 Address for service: as above Phone or contact phone number: 07 3831 3355 Fax number: (if any): 07 3832 4232 E-mail address (if any):] Name: Queensland Nurses’ Union of Employees Residential or business address: 56 Boundary Street, West End Qld 4101 Address for service: as above Phone or contact phone number: 07 3840 1444 Fax number: (if any): 07 3844 9387 E-mail address (if any):] Name: Transport Workers’ Union of Australian, Union of Employees (Queensland Branch) Residential or business address: 11 Alexandra Place, Murarrie Qld 4172 Address for service: as above Phone or contact phone number: 07 3890 3066 Fax number: (if any): 07 3890 1105 E-mail address (if any):]
