Page 1 of 30 YMCA ENTERPRISE AGREEMENT 2019 EXPLANATION DOCUMENT BACKGROUND YMCA of Canberra (YMCA Canberra) is in the process of adopting a new Enterprise Agreement for all employees across Canberra. The current Enterprise Agreement has been in place since 28 May 2018 and its terms are being updated through discussion with employees. From these discussions, YMCA Canberra has developed a proposed Enterprise Agreement (Proposed Agreement) which is available online at https://canberra.ymca.org.au/enterprise-agreementea/ and a hard copy available at each work location. The purpose of this document is to outline what an Enterprise Agreement is, how an Enterprise Agreement affects your employment, the proposed changes to the current Enterprise Agreement and the effect of these changes. Glossary of Terms Throughout this document the following terms have the meaning set out in the table below, unless the context indicates otherwise: Term Definition BOOT Better Off Overall Test The test that the Fair Work Commission must apply to any proposed agreement before it can be approved. For this test to be satisfied each employee or future employee must be better off overall under the Enterprise Agreement than they would be if they were covered by the relevant Modern Award. Current Agreement The Enterprise Agreement known as YMCA Canberra Enterprise Agreement 2017. Enterprise Agreement A legally enforceable agreement that covers the employment conditions of a group of employees and their employer. Fair Work Act Fair Work Act 2009 (Cth) Fair Work Commission Australia’s national workplace relations tribunal established by the Fair Work Act. Modern Award Modern Awards are any award created during the award modernisation process and came into effect on 1 January 2010. NES National Employment Standards
BACKGROUND YMCA of Canberra (YMCA Canberra) is in the process of adopting a new Enterprise Agreement for all employees across Canberra. The current Enterprise Agreement has been in place since 28 May 2018 and its terms are being updated through discussion with employees. From these discussions, YMCA Canberra has developed a proposed Enterprise Agreement (Proposed Agreement) which is available online at https://canberra.ymca.org.au/enterprise-agreementea/ and a hard copy available at each work location. The purpose of this document is to outline what an Enterprise Agreement is, how an Enterprise Agreement affects your employment, the proposed changes to the current Enterprise Agreement and the effect of these changes.
Glossary of Terms Throughout this document the following terms have the meaning set out in the table below, unless the context indicates otherwise:
Term Definition
BOOT
Better Off Overall Test
The test that the Fair Work Commission must apply to any proposed agreement before it can be approved.
For this test to be satisfied each employee or future employee must be better off overall under the Enterprise Agreement than they would be if they were covered by the relevant Modern Award.
Current Agreement The Enterprise Agreement known as YMCA Canberra Enterprise Agreement 2017.
Enterprise Agreement A legally enforceable agreement that covers the employment conditions of a group of employees and their employer.
Fair Work Act Fair Work Act 2009 (Cth)
Fair Work Commission Australia’s national workplace relations tribunal established by the Fair Work Act.
Modern Award Modern Awards are any award created during the award modernisation process and came into effect on 1 January 2010.
A set of 10 minimum employment standards that apply to all employees within the federal system from 1 January 2010.
Proposed Agreement The Enterprise Agreement developed by YMCA Canberra in consultation with bargaining representatives to replace the Current Agreement.
YMCA Canberra Young Mens Christian Association of Canberra
What is an Enterprise Agreement? An Enterprise Agreement is an agreement entered into between an employer and its employees to set out the terms and conditions of a workplace. An Enterprise Agreement must be approved by the Fair Work Commission under the Fair Work Act. An Enterprise Agreement operates alongside the National Employment Standards (NES), which set out the minimum entitlements for all employees. An Enterprise Agreement replaces the conditions set out in the relevant Modern Award for your employment. Most employees of YMCA are covered under one of the following awards:
(a) Clerks Private Sector Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000002);
(b) Hospitality Industry (General) Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000009);
(c) Fitness Industry Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000094);
(d) Health Professionals and Support Services Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000027);
(e) Children’s Services Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000120); and
(f) Educational Services (Teachers) Award (available here: http://awardviewer.fwo.gov.au/award/show/MA000077).
Some terms in both the Current Agreement and the Proposed Agreement may vary your entitlements under the Modern Award which applies to your employment. However, for an Enterprise Agreement to be approved by the Fair Work Commission, and therefore be adopted by an employer, it:
(a) cannot change or reduce your rights under the NES; and
(b) must satisfy the BOOT which means each employee or future employee must be better off overall under the Enterprise Agreement than they would be if they were covered by the relevant Modern Award.
What is the process for adopting a new Enterprise Agreement?
The Fair Work Act sets the content, process and approval requirements for an Enterprise Agreement. In summary, the process followed is:
(a) development of a draft agreement;
(b) bargaining with employees and bargaining representatives about the draft agreement;
(c) revision of draft agreement;
(d) offer of proposed agreement;
(e) information sessions;
(f) vote on the Enterprise Agreement;
(g) if the Enterprise Agreement is not approved by a vote of employees, bargaining recommences;
(h) if the Enterprise Agreement is approved by a vote of employees it will be lodged with the Fair Work Commission for assessment; and
(i) approval by Fair Work Commission following which the Enterprise Agreement will come into effect.
After employees vote on an Enterprise Agreement and before it can come into effect, the Fair Work Commission must approve the Enterprise Agreement. The Fair Work Commission will assess the Enterprise Agreement against BOOT before approving it. The Fair Work Commission may require YMCA Canberra to modify parts or the operation of an Enterprise Agreement if employees are not better off overall under the Enterprise Agreement than they would be under the relevant Modern Award. Key components of this process that you should be aware of is enterprise bargaining and the process for approval of an Enterprise Agreement. Bargaining Representatives Employers, employees and their bargaining representatives are involved in the process of bargaining for any proposed Enterprise Agreement. Each employee has a right to be represented by anyone they choose, including appointing themselves as a bargaining representative. But employees cannot appoint someone who is under the control of another bargaining representative (for example, senior managers). A union is automatically a bargaining representative if it has at least one member who has not appointed someone else to be their bargaining representative. Bargaining representatives, for both employees and employers, must negotiate with one another in accordance with good faith bargaining requirements. Good faith Bargaining Bargaining representatives must negotiate in accordance with good faith bargaining requirements, which requires bargaining representatives to:
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(a) meet at reasonable times with other bargaining representatives;
(b) give genuine consideration to bargaining proposals made by other representatives;
(c) give reasons for responses to bargaining proposals; and
(d) provide information requested by another bargaining representative that is relevant to the negotiations unless it is confidential or commercially sensitive.
There is no requirement that an agreement is reached during good faith bargaining negotiations. Process for approval An Employment Agreement must be voted on by employees, and the majority of those who vote must vote in favour of the Enterprise Agreement for it to be adopted. The voting process is commenced by YMCA Canberra, who decides when to end negotiations and commence the approval process. Before a vote can occur, YMCA Canberra must first explain the terms of the Enterprise Agreement to employees and how it will impact them. YMCA Canberra must also ensure that during the 7 day period before the vote, all employees are given or have access to a copy of the Employment Agreement. YMCA Canberra will notify all employees the time, place and method that will be used for voting and provide details to all employees about how they can access a copy of the Enterprise Agreement prior to the vote. This document explains the terms of the Employment Agreement and its impact on employees.
Explanation of Terms and significant changes The Tables below explain the effect of the Proposed Agreement. Table 1 provides a quick comparison between the new 2019 Agreement and the current 2017 Agreement and where sections have been moved or added.
Table 2 contains an explanation of the significant differences between the YMCA Canberra Enterprise Agreement 2017 (Current Agreement) and the Proposed Agreement. Table 3 provides a summary and explanation of the contents of the Proposed Agreement to assist employees covered to understand the arrangements which will come into effect once the Proposed Agreement has been approved.
TABLE 2: SNAPSHOT OF SIGNIFICANT CHANGES IN THE PROPOSED AGREEMENT
Part / Issue Overview Significant Change
Technical Matters (clause 1 to clause 10)
This section sets out the provisions required for the practical operation and implementation of the Proposed Agreement.
Clause 3 – Applicability of the Agreement The Current Agreement does not apply to the Senior Leadership Team. The Proposed Agreement will apply to members of the Senior Leadership Team who are not above the High Income Threshold.
Types of Employees and Hours of Work (clause 11 to clause 21)
This section defines the categories of employment under the Enterprise Agreement. These categories are Full Time, Part Time, Fixed Term, Casual, Annualised, Trainee and Apprentices. Annualised Employees are employees who earn more than $85,000 per annum and YMCA Canberra have provided written notice that they are an Annualised Employee. Annualised Employees have specific conditions of employment. This section also prescribes the ordinary hours an employee may work without payment of penalty rates, depending on their classification.
Clause 16 – Casual Conversion The Proposed Agreement introduces a casual conversion process for Regular Casual Employees to Part Time or Full Time Employees in some circumstances. There is no automatic conversion of regular Casual Employees and the YMCA Canberra may refuse a request on certain grounds. If a request is refused the YMCA Canberra must provide reasons to the Regular Casual Employee. A detailed explanation of clause 16 can be found in Table 3.
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Remuneration (clause 22 to clause 28)
This section sets out provisions about payment to employees, including wages. This includes requirements around the frequency of employee payment (fortnightly), the classification structure, the base rate of pay for employees, superannuation entitlements and prescribed salary increases for employees.
Clause 25 – Salary Increases The pay increases in the Proposed Agreement will be 2% on 1 July 2019 for most employees (back paid), 1 July 2020, and 1 July 2021. This is the minimum pay increase that will be applied to employees. See Table 3 for a detailed explanation of the operation and application of salary increases under the Proposed Agreement.
Entitlement and Allowances (clause 29 to clause 41)
This section sets out penalty rates, over-time and allowances payable to employees, in certain circumstances, which are paid in addition to their base rate of pay. The allowances provided for under the Agreement are: (a) meal provision; (b) on-call allowance; (c) broken shift allowance; (d) personal training and group fitness
allowance; (e) higher duties allowance; (f) motor vehicle allowance; (g) first aid allowance; (h) work health and safety
representative allowance; (i) travel allowance; and (j) other entitlements .
Clause 29 – Specification of Penalty Rates The Current Agreement specifies the dollar amount of the penalty rates contained in the Hospitality Award and the Fitness and Recreation Award (as they were at the Commencement Date). The Proposed Agreement does not specify the penalty rates, but this has no impact on the penalty rate payable to employees. Penalty rates will continue to be paid in accordance with the Hospitality Award or the Fitness and Recreation Award, as applicable.
Clause 31 – Meal Provision for Annualised Employees The Proposed Agreement has increased the meal allowance in line with the Awards. The Proposed Agreement introduces a meal provision for Annualised Employees. Under the Proposed Agreement, Annualised Employees will be entitled to a meal or paid an allowance of $15.94 if they work more than 4 hours overtime, with YMCA’s prior written approval.
Clause 32 – Rest Breaks for Annualised Employees This term introduces an obligation on Annualised Employees not to commence work before taking at least a 10 hour break between shifts and a notice requirement for Annualised Employees who intend to commence work without taking a 10 hour break.
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See Table 3 for a detailed explanation of this term.
Clause 37 – Motor Vehicle Allowance Requirements The Proposed Agreement introduces a new requirement whereby employees may be asked to provide proof before they receive the vehicle allowance. This requirement is that any private vehicle used for work purposes must always be operated by an appropriately licenced driver. Under the Proposed Agreement YMCA can also determine the level of insurance required for private vehicles used for work purposes.
Clause 41 – Additional Other Employee Benefits The Proposed Agreement includes two additional benefits not provided under the Current Agreement, an employee retention program and WWVP reimbursement. The employee retention program provides Employees with a bonus when they reach continuous service milestones of 2 years, 5 years, 10 years and 15 years. The bonuses will only apply to employees who complete the relevant years of continuous service after the Proposed Agreement commences. They will not apply retrospectively to employees. Full details of the employee bonuses under the new retention program can be found in Table 3. The WWVP reimbursement, will allow employees to be reimbursed for the cost of the renewal (not the initial application) of a WWVP registration or a Working with Children Check if eligibility requirements are met. A full explanation of these new benefits can be found in Table 3.
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Leave (clause 43 – clause 58)
This section sets out the categories of leave available to employees, and the accrual rate and eligibility requirements for each. Employees may be entitled to the following categories of leave: (a) Annual Leave; (b) Purchased Leave; (c) Personal / Carer’s Leave; (d) Infectious Disease Leave; (e) Compassionate Leave; (f) Parental Leave; (g) Long Service Leave; (h) Community Service Leave; (i) Leave for Blood Donations; and (j) Family and Domestic Violence Leave.
Clause 47 – Expanded Scope of Infectious Disease Leave The Proposed Agreement has expanded the scope of Infectious Disease Leave to include:
(a) 1 day of leave for Head Lice, Scabies or Streptococcal Infection; and
(b) 2 days of leave for Ring Worm, Conjunctivitis, Cold Sores, Influenza, Gastro Intestinal illness and Impetigo.
Clause 49 – Special Maternity Leave The Proposed Agreement introduces Special Maternity Leave which is additional unpaid leave for Employees who:
(a) are not fit to work due to a pregnancy related illness; or
(b) the pregnancy ends within 28 weeks of the expected birth date otherwise than by the birth of a living child.
In these circumstances an employee is able to request this leave, but in doing so the employee must provide YMCA notice and may be required to provide evidence. See Table 3 for further details about the requirements of Special Maternity Leave.
Clause 55 – Family and Domestic Violence Leave The Proposed Agreement introduces 10 days of paid Family and Domestic Violence Leave for qualifying employees, including casuals. The Current Agreement only provides unpaid Family and Domestic Violence Leave.
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In these circumstances an employee is able to request this leave, but in doing so the employee must provide YMCA notice and may be required to provide evidence. See Table 3 for further details about the requirements of Family and Domestic Violence Leave.
Termination Employment (clause 64 to clause 67)
This section sets out the notice requirements on YMCA Canberra when terminating employment or employees when resigning, and payments that are owed to employees when employment is terminated.
Clause 65 – Termination Payments within 7 days The Proposed Agreement introduces a requirement that termination payments are made within 7 days of an employee ceasing employment. The Current Agreement does not prescribe a time period for payment.
Clause 66 – Notice Requirements for Fixed Term employees The Proposed Agreement clarifies that notice requirements for Fixed Term employees do not apply when they come to the end of the specified term or task of their engagement.
TABLE 3: EXPLANATION OF KEY CLAUSES IN THE PROPOSED AGREEMENT
Part / Issue Clause Summary
Technical Matters 1 Title of the Enterprise Agreement The title of the Proposed Agreement is YMCA Canberra Enterprise Agreement 2019.
2 Interpretation This term sets out the standard terms for interpretation of the Proposed Agreement.
3 Coverage This term sets out the employees and organisations covered by the Enterprise Agreement. The Agreement covers all employees of YMCA Canberra other than the CEO and employees who are above the High Income Threshold (meaning they earn more than $148,700 per annum) at the time of the Proposed Agreement.
4 Commencement and Duration of the Agreement
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This term sets out the period of the Proposed Agreement. The Proposed Agreement commences seven days after the Fair Work Commission approves the Proposed Agreement with a nominal expiry of 30 June 2022 but will continue to operate after this date until it is terminated, or another Enterprise Agreement is agreed.
5 Delegations
This term states that the CEO can delegate their powers, authorities or functions under the Proposed Agreement.
6 No Extra Claims
This term sets out that no further claims can be made by employees or YMCA Canberra for the life of the Proposed Agreement. It further specifies that parties may agree to the Proposed Agreement being varied at any time prior to the nominal expiry date.
7 Effect of the Agreement
This term provides that the Proposed Agreement replaces any previous Enterprise Agreement, and that the National Employment Standards (NES) apply to employees.
8 and 9 Consultation
These terms outline the consultation requirement for YMCA Canberra, which require them to consult with employees on any major change and changes to policies.
10 Procedures for preventing and settling disputes
This term outlines that any dispute arising under the Proposed Agreement or the NES should first be attempted to be resolved at the workplace level. If not resolved, either party may then refer the matter to the Fair Work Commission.
Types of employees and Hours of Work
11 Types of Employment
This term sets out that employees at YMCA Canberra can fall into one of 4 categories of employment which are Full Time, Part Time, Fixed Term and Casual. It also provides that staff will be informed of their category of employment when engaged.
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12 Allocation of Duties This term sets out that YMCA Canberra can require an employee to undertake any duty they are capable of doing, including lower level duties. When required to perform lower level duties they will continue to be paid at a higher level.
13 Full Time Employees This term defines Full Time Employees as any employee who is hired on a permanent basis to work an average of 76 hours per fortnight.
14 Part Time Employees Part time employees are defined as an employee hired on a permanent basis to work an average of less than 76 hours per fortnight. This term also sets out the minimum single engagement of a Part Time employee as 3 hours unless they are working in an Early Learning Centre or Out of School Hours Care Program, where the minimum time is 2 hours.
15 Fixed Term Employees This term defines a Fixed Term employee as an employee who has been hired for a specified term or to complete a specified task.
16 Casual Employees (General) This term defines Casual Employees as employees who are hired by YMCA Canberra with no firm commitment about the length of employment or the hours to be worked. This term also prescribes requirements for Casual Employees around accepting and attending offers of work, and the minimum single engagement for Casual Employees.
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16 Casual Employees – Casual Conversion This term provides a right for casual employees is some circumstances to request to convert to be a fulltime or part time employee. This allows employees who have for the last 12 months worked a pattern of hours on an ongoing basis that they could continue to work as a Full Time or Part Time employee (Regular Casual Employees), to request in writing to YMCA Canberra that their employment be converted to a Full Time or Part Time employee. This term also sets out circumstances where YMCA Canberra could refuse this request, including: (a) where a significant adjustment would need to be made to the employee’s hours of work;
(b) they are not actually a Regular Casual Employee;
(c) the hours of work currently performed by the employee will be significantly reduced in the next 12 months;
(d) the position currently worked by the employee will not exist in the next 12 months; and
(e) there will be a significant change, over the next 12 months, to the days or times that the role currently performed by the employee will need to be performed and this cannot be accommodated within the days or hours that the employee is available to work.
If YMCA Canberra refuses a request from a Regular Casual Employee, YMCA Canberra must provide reasons for refusal to the employee within 21 days of the request being made.
17 Annualised Employees This term allows YMCA Canberra to deem employees paid $85,000 or more per annum (pro rata for Part Time Employees) to be Annualised Employees. This value is increased over time in line with the salary increases set out in clause 25. Annualised Employees will be paid an annual salary which must be at least 110% of the base salary set for the employee’s classification under the Proposed Agreement, and must not be less than what the Employee would otherwise be paid, including allowances and benefits, under the Proposed Agreement.
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Annualised Employees can request that YMCA Canberra reconcile the past 12 months to check that the annualised salary meets this test. Annualised salaries will be reviewed on 1 July each year and the pay increases in clause 25 will apply.
18 Trainees This term allows YMCA Canberra to engage Trainees, on a traineeship, as a fixed term employee with the specified length of employment as the for the length of the traineeship. This term also defines the base rate of pay, as at least 1% above the Modern Award.
19 Apprentices This term allows YMCA Canberra to engage an Apprentice as a Fixed Term employee for the duration of the apprenticeship. This term also defines the rate of pay, which is at least 1% above the Modern Award.
20 Ordinary Hours This term sets out the ordinary hours of work for an employee. Employees are not paid penalty rates for work undertaken within the Ordinary Hours of work. The Ordinary Hours of work are: (a) for employees working in an Early Learning Centre or Outside School Hours Care Program – 6:00am to
6:30pm, Monday to Friday; and
(b) for employees working in a Fitness or Recreation Facility – 5:00am to 11:00pm Monday to Friday and 6:00am to 9:00pm Saturday to Sunday; and
for all other employees – 7:00am to 7:00pm Monday to Friday.
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21 Early Learning Centre and Outside School Hours Care Programs This term sets out specific requirements for employees working in Early Learning Centres and Outside School Hours Care Programs. The requirements are that:
(a) these Employees do not work during school holidays;
(b) YMCA Canberra must provide a minimum of 7 days notice to change their working hours; and
(c) a minimum of 3 non-contact hours be provided to Full Time Employees responsible for the preparation, implementation and/or evaluation of a program.
Remuneration 22 Classification Structure This term sets out that all YMCA Canberra employees are to be classified in accordance with the classification structure included in the Proposed Agreement at Appendix 2. If an employee’s role is not covered by an existing classification structure, YMCA Canberra will establish a new classification which is the same as the classification which would apply under the relevant Modern Award and determine the role levels and corresponding base rate of pay for the new classification.
(c) The base rate of pay for a new classification must be at least 4% higher than the highest applicable rate under the award.
23 Pay Rates This term confirms that the base rate of pay for employees is set out in the Proposed Agreement at Appendix 1. A detailed breakdown of base rates of pay per classification level can be found at Appendix 1. This term also states that Casual Employees will be paid 25% loading on the base rates found in Appendix 1.
24 Method of Payment This term sets out that employees will be paid fortnightly.
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25 Salary Increases This term prescribes a fixed pay increase of 2% for employees (except Trainees, Apprentices and Fixed Term employees) in the first full pay period on the date the Proposed Agreement is approved (for most employees), and then a further 2% on 1 July 2020, and 1 July 2021. If the relevant Modern Award increases less than 2%, this increase will be absorbed so that the total increase is not above 2%. But if the relevant Modern Award is increased above 2 %, the higher increase will be applied instead of the 2%. The first increase under this clause does not apply to employees who were covered by the YMCA of Canberra Inc Collective Agreement 2008 Enterprise Agreement.
26 Superannuation This term sets out that YMCA Canberra will make superannuation contributions to employees, in accordance with legislative requirements, into a compliant superannuation account of their choice.
27 Salary Sacrifice Contributions to Superannuation This term allows employees to salary sacrifice contributions into their superannuation fund.
28 Supported Salary for Employees with a Disability This term sets out that employees who meet the impairment criteria for the Disability Support Pension can be employed under the Proposed Agreement and be paid in accordance with the procedures and provisions in Appendix 4. Appendix 4 also outlines the conditions which apply to employees able to receive a Supported wage, which includes the eligibility criteria and rates of payment.
Entitlement and Allowances 29 Penalty Rates This term sets out that employees who fall into the ‘Recreation’ classification or ‘Hospitality’ classification in Appendix 1 will be paid penalty rates in accordance with the relevant Award.
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30 Overtime This term sets out when an employee has been deemed to have worked overtime. This is dependent on the classification of the employee. This term also sets out the rate of pay for overtime. All overtime must be approved by YMCA Canberra in advance. Part Time Employees, excluding Annualised Employees, who fall under the Children’s Services classification are deemed to have worked overtime if they are required to work: (a) more than 8 hours on one day;
(b) outside of their Ordinary Hours (as set out in clause 20); or
(c) more than 76 hours in a fortnight. All other Part Time Employees are deemed to have worked overtime when they have been required to work outside their Ordinary Hours (as set out in clause 20) and have not been paid a penalty rate. Full Time Employees or Casual Employees are deemed to have worked overtime if they are required to work: (a) more than 10 hours on one day;
(b) more than 76 hours in a fortnight; and
(c) outside of their Ordinary Hours (as set out in clause 20) and are not paid a penalty rate. Annualised Employees are deemed to have worked overtime if they work in excess of reasonable additional hours and YMCA Canberra has provided prior approval that the additional hours will constitute overtime. The rate of pay for overtime is:
(a) time and a half for the first two hours, Monday to Saturday and double time thereafter;
(b) double time for all overtime on a Sunday; and
(c) double time and a half for all overtime on a public holiday.
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31 Meal Provision This term sets out the food entitlements of employees when they have worked overtime. These entitlements are: (a) when an employee, excluding an Annualised Employee, has worked more than 1 hour overtime on any
day they will be provided with a meal at no cost to the employee, or paid a meal allowance of $15.94;
(b) when an employee, excluding an Annualised Employee, has worked more than 4 hours overtime on any day they will be provided with a second meal at no cost to the employee or paid a second meal allowance of $12.76; and
(c) when an Annualised Employee has worked more than 4 hours over time, they will, subject to YMCA Canberra’s prior written approval, be provided with a meal at no cost to the employee or be paid a meal allowance of $15.94.
32 Rest Breaks This term sets out the break entitlements of employees. All employees are entitled to: (a) an unpaid meal break of between 30 to 60 minutes within 5 hours of commencing work;
(b) a paid rest break of 15 minutes if required to work 4 or more hours; and
(c) a second rest break of 15 minutes when required to work 7 or more hours (excluding unpaid breaks) in a single shift or day.
This term also sets out exceptions and variations to these standard requirements. When an employee works in an Early Learning Centre, an Outside School Hours Care Program or Water Activities and is required by YMCA Canberra to stay at the workplace during their meal break they will receive a paid meal break of between 20 and 30 minutes, instead of an unpaid meal break.
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This term also states that if an Employee is required to commence work before they have had at least a 10 hour break between the previous shifts, then that employee will be paid at overtime rates until a break is taken.
This term requires that Annualised Employees must try not to commence work before taking at least a 10 hour break from the previous shift and must provide YMCA Canberra with prior written notice if they intend to start work without a 10 hour break between shifts. Payment of overtime rates to Annualised Employees are subject to YMCA Canberra’s prior written approval.
33 On call allowance This term provides for an on call allowance of $100 per week, or pro rata for part weeks, to be paid to any employee, other than an Annualised Employee, who is required to be on call. This term also sets out eligibility requirements for on-call allowance, namely that employees must be: (a) ready and available to return to the workplace without notice;
(b) remain within 30 minutes travel time of the workplace; and
(c) be contactable at all times by phone. Employees who would normally be covered by the Health Professionals and Support Services Award will be paid an on call allowance in accordance with that Modern Award.
34 Broken Shift Allowance This term provides for a broken shift allowance to be paid to those employees who fall under the ‘Recreation’ classification or “Children’s Services” classification in Appendix 1, if they have more than a 2 hour break between shifts worked on the same day or within shifts.
The broken shift allowance will be consistent the relevant Modern Award.
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35 Personal Training and Group Fitness Allowance
This term provides for a group fitness allowance to be paid to employees who fall in the ‘Recreation’ classification in Appendix 1 when they undertake a personal training or group fitness session.
The group fitness allowance is the employee’s hourly rate of pay plus a personal training and group fitness allowance which is negotiated.
36 Higher Duties Allowance
This term sets out that generally where an employee is required to perform at a higher level for more than a week, they will be paid at the higher level rate (Higher Duties), and payment of the Higher Duties for periods of less than one week might be approved by YMCA Canberra.
This term also sets out that an employee who is required to perform a higher level role in an Outside School Hours Care Program for less than one week will be paid the Higher Duties Allowance.
An employee who is required to perform a higher level role in an Early Learning Centre for 2 or more days will be paid the Higher Duties.
37 Motor Vehicle Allowance
This term sets out that the motor vehicle allowance paid to employees is the rate set by the Australian Taxation Office cents per kilometre method.
This term also sets out the minimum requirements for a private vehicle to be used for work purposes and for the motor vehicle allowance to be payable. The vehicle must be operated by an appropriately licenced driver at all times that it is used for work purposes, it must be registered, road worth and safe, and comprehensively insured to the satisfaction of YMCA Canberra.
38 First Aid Allowance
This term sets out the First Aid Allowance as $24.80 per fortnight payable to Full Time Employees who are appointed by YMCA Canberra as a designated first aid officer and hold a current first aid qualification.
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39 Health and Safety Representative Allowance This term sets out the Work Health and Safety Allowance as $24.57 per fortnight, payable to Full Time Employees who have been appointed by YMCA Canberra as a Work Health and Safety Representative.
40 Travel Allowance This term sets out the travel allowance which is payable to employees who are required to travel overnight for work. YMCA Canberra will pay for reasonable accommodation and will reimburse meals and incidental costs, if a receipt is provided, up to the amounts set by the Australian Taxation Office.
41 Other Employee Benefits This term sets out the other employee benefits provided to YMCA Canberra employees under the agreement. These are an employee assistance program, an employee retention bonus and Working With Vulnerable People (WWVP) reimbursement. This term establishes that YMCA Canberra will provide an employee assistance program to all employees by making available an appropriate service which provides confidential professional counselling for employees and family members. This term also establishes an employee retention bonus. An employee retention bonus of $1000 will be provided to employees who have, at commencement of the Proposed Agreement, completed 5 or more years of continuous service. After commencement of the Proposed Agreement, employees will receive a $1000 bonus each time they pass a 5 year milestone. For the purposes of the employee retention bonus, periods as a Casual Employee are not counted as periods of continuous service. YMCA Canberra will put in place a policy relating to retention bonuses upon commencement of the Proposed Agreement. The WWVP reimbursement set out in this clause provides that YMCA Canberra will pay for the cost of renewing (not the initial application) a WWVP registration or Working with Children Check, if these are required as a condition of employment and the employee has completed at least 12 months of continuous employment. This will not be paid retrospectively or to employees who renewed prior to commencing work with YMCA Canberra.
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Flexibility 42 Flexibility Term This term sets out when an employee covered by the Proposed Agreement can enter into a flexibility agreement with YMCA Canberra.
Leave 43
General Provisions This term sets out the general operation of paid and unpaid leave. This includes the rate of pay for paid leave (at the employee’s base rate) and the calculation of leave balances.
44 Annual Leave This term sets out that Annual Leave accrues at 23 days for each 12 months of work for Full Time Employees and at a pro rata rate for Part Time Employees.
45 Purchased Leave This term sets out that Full Time Employees and Part Time Employees can purchase up to 4 weeks additional leave per year.
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46 Personal / Carer’s Leave This term sets out that Personal Leave accrues at a rate of 10 days for each 12 months of work for Full Time Employees and a pro rata rate for Part Time Employees. This term also sets out the circumstances when Personal/Carer’s leave can be taken by employees as: (a) when an employee is ill or injured; or
(b) to provide care or support for an immediate family member or household member who is ill, injured or where there has been an unexpected emergency.
This term also sets out the evidence requirements for taking Personal / Carer’s Leave. This requires a medical certificate to be provided by employees: (a) if they take more than 2 days personal leave because of personal injury or illness; and
(b) if they have taken 4 or more single day absences in a financial year.
YMCA Canberra may require a medical certificate from employees:
(a) if leave is taken before or after a public holiday;
(b) for absences of 2 days due to personal injury or illness; and
(c) any other situation where YMCA Canberra thinks a medical certificate is necessary to verify the reason for the employee’s absence.
47 Infectious Disease Leave This term specifies that Infectious Disease Leave may be paid by YMCA Canberra to an employee who has contracted a specified infectious disease, was exposed to that disease while at work and is not entitled to worker’s compensation in relation to the exposure and infection. The leave entitlement varies depending on the infectious disease contracted. The leave entitlement is:
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(a) 1 day for Head Lice, Scabies or Streptococcal Infection;
(b) 2 days for Ring Worm, Conjunctivitis, Cold Sores, Impetigo, Gastro Intestinal Illness and Influenza;
(c) 5 days for Chicken Pox, German Measles and Hepatitis A;
(d) 10 days for Measles, Mumps, Scarlet Fever and Whooping Cough; and
(d) not limited and paid in accordance with a medical certificate for Rheumatic Fever, Other Hepatitis, and Active Tuberculosis.
48 Compassionate Leave
(e) This term sets out the Compassionate Leave entitlements for Full Time and Part Time Employees. These employees are entitled to 3 days leave when an immediate family member is suffering from a life threatening illness or injury or dies.
49 Parental Leave This term sets out the Parental Leave eligibility and entitlements for Full Time and Part Time Employees. To be eligible for Parental Leave a Full Time and Part Time Employee must have at least 12 months continuous service with YMCA Canberra. Eligible employees are entitled to: (a) 6 weeks paid parental leave, which can be taken at half pay over 12 weeks; and
(b) up to 12 months unpaid parental leave (including any paid Parental Leave taken). An additional 12 months of unpaid leave can be taken with approval from YMCA Canberra.
This leave extends to a natural child, adopted child, foster child, stepchild or grandchild that the employee will have responsibility for. However, there are some special conditions set out in this term around eligibility for parental leave for adoption and fostering a child. This term also sets out Special Maternity Leave which is additional unpaid leave provided to Employees in the event that:
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(c) they are not fit to work due to a pregnancy related illness; or
(d) if the Employee has been pregnant, and that pregnancy has ended within 28 weeks of the expected date of birth otherwise than by the birth of a living child.
If an employee requests Special Maternity Leave, they are required to provide notice to YMCA Canberra as soon as practicable, advise YMCA Canberra what the expected period of leave is and provide evidence if requested by YMCA Canberra.
50 Keeping in Touch Program This term sets out the operation of the Keeping in Touch Program. The Keeping in Touch Program provides for an Employee, in agreement with YMCA Canberra, to attend work during their parental leave period for up to 10 days if 12 months of parental leave is taken, and an additional 10 days if a further 12 months of leave is taken.
51 Return to Work Guarantee following Parental Leave This term guarantees that an employee who has taken a period of parental leave is entitled to return to their pre-parental leave position. If that position no longer exists, they are entitled to another position which best matches the employee’s qualifications, status and pay in their pre-parental position.
52 Long Service Leave This sets out that employees are entitled to Long Service Leave as provided for by legislation. This term also sets out that the minimum period of Long Service Leave that can be taken is 7 calendar days.
53 Community Service Leave This term sets out that Full Time Employees or Part Time Employees are entitled to 5 days of paid Community Service Leave for voluntary emergency management activities. This term also sets out that employees are entitled to paid Community Service Leave when called for jury service. In this situation YMCA Canberra will pay the Employee the difference between their base salary and the payment received for the jury service.
54 Leave for Blood Donations
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This term establishes that employees are entitled to up to 2 hours of paid leave for the purpose of donating blood, which can be taken up to 4 times per calendar year.
55 Family and Domestic Violence Leave This term sets out the entitlement of all employees to 10 days of paid family or domestic violence leave in a calendar year. This leave is available to employees from the start of each 12 month period (i.e. it does not accrue or accumulate between years). This is in addition to the 10 days of unpaid family or domestic violence leave available under the Fair Work Act. The leave applies to all employees to use for a range of purposes including, attending legal proceedings, relocation, or personal illness or injury directly associated with the family or domestic violence. This leave extends to Casual Employees who are paid the amount they would have been paid if for the time they were scheduled to work by YMCA Canberra on the day that the leave occurs.
56 Other Leave This term provides YMCA Canberra with the discretion to approve paid or unpaid leave for any reason it may consider appropriate.
57 Public Holidays This term specifies the days treated as Public Holiday’s under the Proposed Agreement as being: (a) New Year’s Day (1 January);
(b) Australia Day (26 January);
(c) Anzac Day (25 April);
(d) Good Friday;
(e) Easter Monday;
(f) Queen’s birthday holiday;
(g) Christmas Day (25 December);
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(h) Boxing Day (26 December); and Any other day that is declared to be a public holiday by a law of the State or Territory.
58 Unauthorised Absences
(i) This sets out that any Employee absence without approval will be regarded as a breach of the Code of Conduct and that the employee will not be paid for the absence.
Redundancy
59 General This term specifies that the redundancy provisions are only applicable to Full Time Employees and Part Time Employees who have completed their probationary period. These employees are entitled to a redundancy payment if the employee is terminated because YMCA Canberra no longer requires the employee’s job to be done by anyone.
60 Redeployment This term sets out that YMCA Canberra will make reasonable efforts to redeploy employees whose position may be made redundant, including redeploying an employee to a lower level when agreed to by the Employee. If an employee is deployed to a lower level, they will be paid in accordance with their previous base rate for the period of time that their redundancy payment would have covered.
61 Transfer of Employment This sets out circumstances where a redundancy payment will not be made. This includes when an Employee rejects an offer of employment by another employee that is on terms and conditions substantially similar to the Employee’s conditions of employment with YMCA Canberra, and which recognises the Employee’s service with YMCA Canberra.
62 Redundancy Payments and Notice This term sets out the redundancy payment period for employees based on their period of continuous period of service.
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This term also sets out the notice which YMCA Canberra provides to employees who have been made redundant. This varies depending on the following years of service: (a) less than 1 year service – 1 week notice;
(b) more than 1 year but less than 3 years’ service – 2 weeks notice;
(c) more than 3 years but less than 5 years’ service – 3 weeks notice; and
(d) more than 5 years’ service – 4 weeks’ notice, with one week added for employees over the age of 45.
63 Job Search Entitlement
This term specifies that where employees are provided with notice of termination because of redundancy, they are entitled to 1 day of paid leave for each week of the notice period (as specified in clause 62). This leave is to be used for the purpose of seeking alternative employment.
Termination of Employment 64 Termination for Serious Misconduct This sets out that an Employee’s employment can be terminated at any time for serious misconduct without notice or payment in lieu of notice.
65 Termination Payments When an Employee ceases employment, they will be paid, within 7 days of ending employment. They will be paid an amount in lieu of their unused annual leave entitlements and any long service leave entitlement calculated based on the Employee’s final base rate of pay and includes any allowances. They may also be paid in lieu of notice (see clause 66).
66 Notice of Termination This term sets out the minimum notice required by YMCA Canberra when terminating an Employee, except for Casual Employees. Notice requirements are, for an employee with continuous service of: (a) less than 1 year - 1 week notice;
(b) more than 1 year but less than 3 years – 2 weeks notice;
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(c) more than 3 years but less than 5 years – 3 weeks notice;
(d) more than 5 years – 4 weeks notice. Employees are also required to give the same period of notice if resigning. Fixed Term employees are not eligible for notice when their contract ceases at the end of the specified term or task.
67 Job Search Entitlement This term sets out that if YMCA Canberra provides an Employee with notice of termination, they are entitled to up to 1 day of paid leave for each week of the notice period, for the purposes of looking for another job.
Appendix 1 Sets out the base pay rates for each classification of employee.
Appendix 2 Sets out the roles and responsibilities of each classification and will be used to determine which classification applies to an employee.
Appendix 3 Sets out how each classification relates to the classifications under the relevant Modern Awards.
Appendix 4 Sets out how the YMCA Supported Wage System operates for employees who are disabled and eligibly for a supported wage.
Appendix 5 Sets out a glossary of the defined terms used throughout the Proposed Agreement.
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