employment agreement€¦ · (n) in the case of any inconsistency between the schedules and a...

EMPLOYMENT AGREEMENT

for

COACH OF THE QUEENSLAND ACADEMY OF SPORT

Department of Local Government,

Queensland

Academy of Sport Sport and Recreation

Queensland Government

Queensland Academy of Sport

Level 1, Qld Sport & Athletics Centre

Kessels Road, Nathan QLD 4111

Document No.: 1093921

QLD.0015.001.0116

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TABLE OF CONTENTS

/1. Interpretation............................................................................................................................. 3

2. Basis of Employment............................................................................................................... 6

3. Location.................................................................................................................................... 6

4. Duties and Responsibilities......................................................................................................6

5. Hours of duty............................................................................................................................7

6. Performance Appraisal............................................................................................................. 7

7. Salary........................................................................................................................................ 7

8. Review of Salary.......................................................................................................................7

9. Leave Entitlements....................................................................................................................7

10. Recognition of Prior Service............................................................................................... 8

11. Other Entitl ements...............................................................................................................8

12. Expenses...............................................................................................................................8

13. Superannuation.................................................................................................................... 8

14. Intellectual Property.............................................................................................................9

15. Confidential Information.................................................................................................... 9

16. Privacy and Disclosure of Personal Information.............................................................10

17. Policy and Procedures........................................................................................................10

18. Suspension..........................................................................................................................11

19. Option to Renew Employment.......................................................................................... 11

20. Termination........................................................................................................................ 11

21. Service Payments............................................................................................................... 12

22. Payments to be Final..........................................................................................................12

23. Entire Agreement............................................................................................................... 13

24. Severability.........................................................................................................................13

25. Conflict...............................................................................................................................13

26. Notice..................................................................................................................................13

27. Suitability Notices.............................................................................................................. 13

28. Variation.............................................................................................................................14

29. Governing Law .................................................................................................................. 14

30. Disputes...............................................................................................................................14

Document No.: 109392]

QLD.0015.001.0117

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BETWEEN The State of Queensland acting through the Department of LocalGovernment, Sport and Recreation, by its program area, the Queensland Academy of Sport (“QAS”)

AND The person named in Item 2 of Schedule l(“Coach”)

BACKGROUND

A. The Coach is to be employed as a coach of the QAS.

B. The duties of the Coach are of a type not ordinarily performed by a public service officer, and the employment of the Coach will be as a general employee on a temporary basis under s.l47(2)(a) of the Public Service Act 2008 and in accordance with Schedule 1.

C. The employment of the Coach is not subject to any award or industrial instrument.

D. The employment of the Coach will be governed by the terms of this agreement.

AND THE PARTIES AGREE AS FOLLOWS:

1. Interpretation

1.1. In this agreement, unless the contrary intention appears:

“Act” means the Public Service Act 2008;

“actual salary” means the amount specified in item 6 of Schedule 1 or, where that amount is varied by clause 8, the varied amount;

“agreement” means this document and all Schedules and Annexures to this document;

“approved fund” means a superannuation fund approved by the Executive Officer under the QSuper Act;

“commencement date” means the date specified in item 7 of Schedule 1;

“completion date” means the date specified in item 8 of Schedule 1;

“confidential information” means all information relating to the State of Queensland, including the QAS, its activities, business affairs, products, processes, customers (both actual and potential) or suppliers which is or might reasonably be considered to be confidential;

“Department” means the Department of Local Government, Sport and Recreation;


QLD.0015.001.0118

“election amount” means an amount that, if the Coach was a member of the QSuper Defined Benefit Plan, the Treasurer would require to be paid under the QSuper Act less any amount which is actually paid to the QSuper Accumulation Plan;

“Executive Director” means the Executive Director of QAS;

“general employee” means a general employee engaged on a temporary basis under s. 147(2)(a) of the Act;

“intellectual property rights” means copyright, trade mark, design, patent, semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights existing in Australia, whether created before, on or after the date of this Agreement;

“material” includes documents, drawings, designs, reports, computer programs, diskettes, CD Roms, notes, memoranda, recordings or other materials;

“memorandum of understanding” or “MOU” means the written agreement entered into between the Sport and QAS, or where varied, the varied agreement, as appearing in Schedule 2;

“moral rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing at the commencement date or which may come into existence on or after the commencement date;

“party” means a party to this agreement;

“personal information” means infonnation or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the infonnation or opinion;

“QAS Sports Medicine Policy” means the policy detailing how the QAS, its staff, coaches and athletes deal with sports medicine;

“QAS Sport Program” means the QAS program for the Sport;

“QSuper Accumulation Plan” means the superannuation plan under chapter 3 of the QSuper Deed;

“QSuper Act” means the Superannuation (State Public Sector) Act 1990;

“QSuper Deed” means the Deed o f the State Public Sector Superannuation Scheme under the QSuper Act;

“QSuper Defined Benefit Plan” means the superannuation plan under chapter 2 of the QSuper Deed;


QLD.0015.001.0119

“service payment” means a payment equal to two weeks salary for each year of continuous service under the agreement, or a proportional amount for a lesser period, with a maximum of fifty-two weeks’ superannuable salaiy, calculated at the rate of the superannuable salary at the termination date;

“Sport” means Swimming;

“superannuable salary” means the amount specified in item 6 of Schedule 1 or, where that amount is varied by clause 8, the varied amount;

“termination date” means the completion date or the date on and from which the employment of the Coach under this agreement is terminated;

“work material” means material created by the Coach in the course of the Coach’s employment with QAS.

1.2. In interpreting this Agreement, the following rules of interpretation shall apply:

(a) unless otherwise defined in this agreement, terms used have the same meaning as in ihzAct,

(b) clause headings are not to be used as an interpretation aid;

(c) the schedules to this agreement form part of this agreement;

(d) a reference to a clause, the schedule or the particulars is a reference to aclause, the schedule or the particulars of this agreement;

(e) a reference to a subclause, paragraph or subparagraph is a reference to a subclause, paragraph or subparagraph of the clause of this agreement in which the reference is made;

(f) a reference to any legislation includes any subordinate legislation made under it and any legislation amending, consolidating or replacing it;

(g) a reference to a number of days, weeks or months is a reference to thatnumber of calendar days, calendar weeks or calendar months, unlessotherwise stated;

(h) words in a singular number include the plural and vice versa;

(i) words importing a gender include any other gender;

(j) where a word or phrase is given a particular meaning, other parts ofspeech and grammatical forms of that word or phrase have corresponding meanings;

(k) monetary references are to Australian currency;

(1) a reference to a person or entity includes any executor, administrator orsuccessor in law;


QLD.0015.001.0120

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(m) a reference to the Department, QAS or any other government entity, if it should cease to exist, or is reconstituted, renamed, replaced or its powers or functions are transferred to any other department or entity, is deemed to refer respectively to the department or other government entity established or constituted in lieu thereof and succeeding, or as nearly as may be, to the powers or functions thereof;

(n) in the case of any inconsistency between the Schedules and a clause contained in this agreement, the provisions of the clause shall prevail to the extent of any inconsistency; and

(o) any failure by a party at any time to enforce a clause of this agreement, or any forbearance, delay or indulgence granted by a party to the other, will not constitute a waiver of the party’s rights.

2. Basis of Employment

2.1 The Coach is employed as a coach of the QAS in accordance with the terms of this agreement.

2.2 The employment of the Coach is as a general employee under section 147(2)(a) of the Act on a temporary basis and in accordance with item 5 of Schedule 1.

2.3 The term of the Coach’s employment is from the commencement date to the termination date.

3. Location

3.1 The Coach will be located in the place specified in item 4 of Schedule 1.

3.2 The Coach acknowledges that travel throughout Australia and overseas may berequired in the performance of the duties and the discharge of theresponsibilities under this agreement.

4. Duties and Responsibilities

4.1 The Coach must -

(a) perform the duties and discharge the responsibilities as set out in item 11 of Schedule 1 of this agreement;

(b) fulfil the obligations and meet the performance targets and outcomes to be achieved for the Sport ( ‘outcomes9) which are contained in thememorandum of understanding;

(c) devote substantially the whole of the Coach’s time and attention during the working hours determined in accordance with clause 5 to performing the duties and discharging the responsibilities under this agreement; and

(d) comply with all laws relevant to the performance of duties and responsibilities under this agreement.


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5. Hours of duty

5.1 The Coach must conform to such hours of work and other work arrangements:

(a) as are reasonably required by QAS from time to time in order for the Coach to perform the duties and fulfil the responsibilities as required under this agreement; and

(b) if applicable, the minimum hours specified in item 5 of Schedule 1,

and is not entitled to any overtime pay.

6. Performance Appraisal

6.1 The Coach and the QAS agree that -

(a) the MOU specifies -

(i) the outcomes and the indicators against which the Coach’s standard of performance in achieving the outcomes will be assessed; and

(ii) the process for assessing the Coach’s standard of performance ( ‘performance appraisal process9).

(b) the Coach’s standard of performance of the duties and responsibilities contained in Clause 4 will be reviewed annually by QAS and, where QAS consider appropriate, in accordance with the performance appraisal process; and

(c) the performance appraisal process and the MOU may be varied and/or renewed at the discretion of the QAS and without consultation with the Coach.

7. Salary

7.1 The Coach is entitled to the actual salaiy payable fortnightly in arrears.

7.2 Any change in the actual salaiy must be made in writing by the QAS.

7.3 The actual salaiy will continue during any period of paid leave.

8. Review of Salary

8.1 The salary of the Coach may be increased at the discretion of the ExecutiveDirector through the increment levels identified in Item 12 of Schedule 1.

8.2 In deciding whether or not to increase the salary of the Coach, the ExecutiveDirector must have regard to the Coach’s standard of performance as reviewed in accordance with Clause 6.

9. Leave Entitlements

9.1 Subject to this clause, the Coach is entitled to the standards of sick and other leave entitlements which apply to general employees under the, Act.

Document No,: 1093921

QLD.0015.001.0122

9.2 Recreation leave will accrue at the rate of twenty-five (25) working days per annum.

9.3 The Coach must take recreation leave at such times to ensure that the amount of recreation leave accrued at any one time does not exceed twenty-five working days.

10. Recognition of Prior Service

10.1 The Coach may apply to the QAS for recognition of accumulated long service leave where such leave was accrued with a state or national sporting association. The QAS may decide at its discretion whether or not to recognise such accumulated long service leave.

10.2 Subject to clause 10.1, the QAS will not recognise any accumulated recreation, sick or other leave from the Coach’s previous employment.

11. Other Entitlements

11.1 The Coach and the QAS agree that the Coach is not entitled to the usualallowances and other benefits applying to general employees from time to timeunder the Act, with the exception of the following directives which may be amended from time to time which do apply to the Coach'.

(a) Directive No. 9 of 2008 Domestic Travelling and Relieving Expenses;

(b) Directive No. 10 of 2008 International Travelling, Relieving and Living Expenses;

(c) Directive No. 8 of 2006 Special Leave;

(d) Directive No. 6 of 2007 Motor Vehicle Allowance; and

(e) Directive No. 8 of 1996 Declaration of Interests: Public Service Employees (other than Chief Executives).

12. Expenses

12.1 No expenses will be reimbursed without prior approval.

13. Superannuation

13.1 Where the Coach is, at the commencement date -

(a) a member of a superannuation plan established under the QSuper Act, the Coach must continue to comply with the requirements of the QSuper Act in respect of the Coach's membership of that plan; or

(b) on leave from other employment and continues as a member of an approved fund operated for the other employment, QAS-

Docum cntNo.: 1093921

QLD.0015.001.0123

(i) must contribute the standard employer contribution required under that fund, provided that the maximum period of time, whether under this agreement or any other agreement, for which the QAS will pay such payments, is three (3) years; and

(ii) thereafter, must contribute an amount that, if the Coach was a member of the QSuper Defined Benefit Plan, would be required under the QSuper Act, or

(c) not already a member of a superannuation plan established under the QSuper Act and is:

(i) not on leave from other employment; and

(ii) does not, within fourteen (14) days thereafter, or within fourteen (14) days after the execution of this agreement, whichever is the later, elect to become a member of the QSuper Defined Benefit Plan,

the Coach becomes a member of the QSuper Accumulation Plan and may elect for QAS to pay the election amount into either the QSuper Accumulation Plan or an approved fund.

13.2 The superannuation contribution specified in item 9 of Schedule 1 will be automatically adjusted in accordance with the rules of the applicable superannuation plan.

14. Intellectual Property

14.1 The Coach will assign

title to and intellectual property rights (including copyright) in all work material created by the Coach upon its creation to QAS, unless otherwise agreed in writing between the Coach and the QAS.

14.2 The Coach consents to any acts or omissions of QAS in the exercise of rights or assignments granted under this clause that might otherwise constitute an infringement of the Coach's moral rights.

14.3 Without limiting clause 14.2, the Coach consents to being attributed, or not attributed, as author of works comprised in the work material in a form and manner acceptable to QAS.

14.4 The Coach acknowledges that he/she may, upon request by the QAS, be required to sign a form to consent to the infringement of the Coach's moral rights in the work material created by the Coach.

15. Confidential Information

15.1 The Coach must at all times -

(a) keep all confidential information, acquired or received by the Coach during the course of the appointment, in a secure location so that no unauthorised person is able to gain access to it;


QLD.0015.001.0124

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(b) ensure that all confidential information is kept confidential and is not disclosed to any person other than QAS except:

(i) to the extent that it may be reasonably necessary in carrying out work for QAS and then in accordance with the QAS’s policy on confidentiality; or

(ii) where required by law; or

(iii) with written consent from QAS; and

(c) At the end of the Coach’s employment with QAS, the Coach must cease using the confidential information and deliver up to QAS material containing confidential information.

16. Privacy and Disclosure of Personal Information

16.1 Where the Coach has access to personal information in the course of the Coach’s employment, the Coach must comply with QAS policies on privacy and the handling of personal information. Without limitation, the Coach must-

(a) where the Coach is responsible for holding or collecting personal information, ensure that personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;

(b) not use personal information other than for the purposes of the agreement, unless required or authorised by law;

(c) not disclose personal information without the written agreement of QAS, unless required or authorised by law;

(d) immediately notify QAS if the Coach becomes aware that a disclosure of personal information is, or may be required or authorised by law; and

(e) comply with such other privacy and security measures as QAS reasonably advises the Coach in writing from time to time.

16.2 The Coach must immediately notify QAS upon becoming aware of any breach of clause 16.1.

17. Policy and Procedures

17.1 The Coach must abide by:

(a) the QAS Operational Policy and Procedures Manual;

(b) the QAS Code of Conduct;

(c) the National Elite Sports Council Working Guidelines on SexualHarassment in Spoil;

(d) any other policy or procedure applying to employees of QAS as determined by QAS from time to time.


QLD.0015.001.0125

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17.2 In particular, the Coach acknowledges that the Coach is aware of the QAS Sports Medicine Policy and agrees to abide by it at all times during the term of this Agreement.

18. Suspension

18.1 The Coach may be suspended on the same terms as those prescribed by sections 189 to 192 of the Act at the sole discretion of QAS.

19. Option to Renew Employment

19.1 Upon the expiration of this agreement, the QAS may, at its option, offer to employ the Coach for a further term of employment upon such terms and conditions as maybe mutually agreed at the time.

19.2 The QAS will notify the Coach at least twenty-eight (28) days prior to the completion date, as to whether the QAS intends to offer the Coach a further term of employment.

20. Termination

20.1 The employment of the Coach under this agreement may be terminated before the completion date by QAS by a notice in writing given to the Coach not less than twenty-eight (28) days before the termination date:

(a) because the Coach has behaved in a manner that would be grounds for disciplinary action as defined in Section 187 of the Act; or

(b) because of the Coach’s mental or physical incapacity to perform this agreement; or

(c) because the Coach has failed to comply satisfactorily with the duties andresponsibilities specified in Clause 4 and Item 11 of Schedule 1; or

(d) because funding of the relevant sports program has been discontinued; or

(e) for any other reason.

20.2 Where the Coach has not or cannot comply with clause 27, the employment of the Coach under this agreement may be terminated before the completion date by QAS. Termination pursuant to this clause 20.2 is effective immediately.

20.3 A notice under clause 20.1(e) need not give any reason for the termination of the Coach’s employment under this agreement.

20.4 The Coach may resign employment under this agreement by giving the QAS not less than twenty-eight (28) days notice in writing.

20.5 A notice under 20.4 takes effect in accordance with its terms and without acceptance by QAS.


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20.6 Where the Coach or QAS fail to give the appropriate notice as required by this clause, salary will be payable, in the case of the QAS failing to give notice, or forfeited, in the case of the Coach failing to give notice, in lieu of such notice.

21. Service Payments

21.1 If the employment of the Coach is terminated under clause 20.1(e), the Coach must be paid on the termination date, in addition to other payments and benefits to which the Coach is entitled, a service payment.

21.2 This clause does not apply if -

(a) the Coach is on leave from a government entity and the Coach resumes duty with the government entity following the termination of the contract on the termination date; or

(b) before settlement of the termination of the contract on the termination date, the Coach is appointed to, or otherwise employed by, a government entity, such that the Coach has continuity of employment; or

(c) termination of employment occurs as a result o f -

(i) disciplinary action against the Coach under this agreement; or

(ii) retirement of the Coach, by reason of mental or physical illness; or

(iii) resignation by the Coach', or

(iv) death of the Coach ', or

(v) funding of the relevant sports program has been discontinued; or

(vi) failure by the Coach to comply satisfactorily with the duties andresponsibilities specified in Clause 4 and item 11 of Schedule 1.

22. Payments to be Final

22.1 Where the employment of the Coach is terminated in accordance with this agreement -

(a) the provisions herein as to the payments to be made to the Coach constitute the whole of the entitlements of the Coach under this agreement;

(b) to the extent permitted by law, the Coach must not institute any proceedings for compensation for loss of office, injunctive relief, reinstatement or appeals; and

(c) payments paid under clause 22 are deemed to be liquidated damages which each party acknowledges are a genuine and realistic assessment of any detriment which the Coach may suffer following a termination of this agreement.


QLD.0015.001.0127

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22.2 Should a termination of this agreement be determined by a court or a tribunal to be unlawful, any entitlement the Coach may have is limited to the amount of payments paid under clause 22 as liquidated damages, as if the termination had been lawful.

22.3 Nothing in this clause shall be deemed or construed as a release in respect of any action, personal injury or death of the Coach, that the Coach or anyone claiming by, through or under the Coach, may have.

23. Entire Agreement

23.1 This agreement represents the entire agreement between the parties and supersedes and replaces all other agreements, understandings or arrangements between QAS and the Coach in existence prior to its execution.

24. Severability

24.1 In the event that any or any part of the terms or conditions of this agreement are determined as being invalid, unlawful or unenforceable wholly or to a lesser extent, any such term or condition to the extent that it is invalid, unlawful or unenforceable shall be severed from the remaining terms and conditions and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by law.

25. Conflict

25.1 If there is a conflict between the terms of the Coach’s employment under this agreement and the entitlements of the Coach as a general employee under the Act, the terms of this agreement will prevail to the extent of any inconsistency.

26. Notice

26.1 Any notice required to be given under this agreement is effectively given if made in writing and signed by the party giving such notice, and -

(a) in the case of QAS, sent to the address for service specified in item 10 of Schedule 1; or

(b) in the case of the Coach, sent to the business or residential address specified in item 2 of Schedule 1; or

(c) sent to such other address as may be notified to the other party giving such notice.

27. Suitability Notices

27.1 If at any time during the term of this agreement, the Commission for Children and Young People and Child Guardian Act 2000 is amended so as to require a person such as the Coach to obtain a suitability notice pursuant to that Act, the Coach acknowledges and agrees that QAS may apply to the commissioner for a suitability notice stating whether the Coach is a suitable person for child-related employment.


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27.2 The Coach agrees to do all such things and execute all such documents as may be necessary or desirable to give full effect to this clause.

27.3 If the Coach :

(a) does not comply with clause 27.2; or

(b) is issued with a “negative notice” under section 102(l)(b) of the Commission fo r Children and Young People and Child Guardian Act 2000,

the Coach acknowledges that QAS may terminate this agreement immediately under clause 20.2.

27.4 If the agreement is terminated pursuant to clause 20.2, the Coach acknowledges that there is no right of compensation for such a termination.

28. Variation

28.1 A variation to this agreement must be agreed by the parties in writing before taking effect.

29. Governing Law

29.1 This agreement is governed by, construed and interpreted in accordance with the laws of Queensland and the parties submit to the jurisdiction of the courts of that State.

30. Disputes

30.1 The parties will seek to resolve any dispute arising out of this agreement through means other than litigation or arbitration (such as further negotiations, mediation, conciliation, independent expert determination).


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The parties have executed this agreement as follows:

SIGNED for and on behalf of QAS by Bennett King, Executive Director,

(signature o f witness)

SIGNED by the Coach in the presence of: ))

(signature o f witness)

(signature)

(date)

(signature)

j . L . : h , 9 . 9(date)


employment agreement€¦ · (n) in the case of any inconsistency between the schedules and a...

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