table of contents · five year trained teacher means a teacher who has completed a degree in...

AEIOU Enterprise Agreement 2016

Clean Draft: 23 June 2016 Page │1

TABLE OF CONTENTS SECTION 1: COMMON PROVISIONS

.1 Application and Operation

1.1.1 Title ................................................................................................................................................ 3 1.1.2 Commencement and period of operation ...................................................................................... 3 1.1.3 Definitions ...................................................................................................................................... 3 1.1.4 Coverage ....................................................................................................................................... 4 1.1.5 Access to the Agreement and the National Employment Standards ............................................ 4 1.1.6 The National Employment Standards and this Agreement ........................................................... 4 1.1.7 Individual flexibility arrangements ................................................................................................. 4 1.1.8 No extra claims .............................................................................................................................. 5

1.2 Consultation and Dispute Resolution 1.2.1 Consultation................................................................................................................................... 5 1.2.2 Dispute resolution .......................................................................................................................... 7

1.3 Types of Employment and Termination of Employment

1.3.1 Employment tenure and status...................................................................................................... 8 1.3.2 Full-time employment .................................................................................................................... 8 1.3.3 Part-time employment ................................................................................................................... 8 1.3.4 Casual employment ....................................................................................................................... 9 1.3.5 Termination of employment ........................................................................................................... 9 1.3.6 Redundancy ................................................................................................................................ 10

1.4 Hours of work and Related Matters 1.4.1 Ordinary hours of work and rostering .......................................................................................... 10 1.4.2 Term-time employees .................................................................................................................. 10 1.4.3 Pupil-Free Days ........................................................................................................................... 11 1.4.4 Rostering ..................................................................................................................................... 11 1.4.5 Make-up time ............................................................................................................................... 11 1.4.6 Breaks ......................................................................................................................................... 11 1.4.7 Overtime and penalty rates ......................................................................................................... 12 1.4.8 Multi-hire arrangements .............................................................................................................. 12 1.4.9 Professional development activities ............................................................................................ 12 1.4.10 First aid training ........................................................................................................................... 13 1.4.11 Attendance at court ..................................................................................................................... 13 1.4.12 Career Progression ..................................................................................................................... 13

1.5 Wage Related Matters 1.5.1 Effective dates of wage increases ............................................................................................... 13 1.5.2 Recognition of previous service .................................................................................................. 14 1.5.3 Evidence of qualifications ............................................................................................................ 14

1.6 Leave and Public Holidays

1.6.1 Annual leave ................................................................................................................................ 14 1.6.2 Purchase of Additional Leave...................................................................................................... 15 1.6.3 Personal/Carer’s leave ................................................................................................................ 15 1.6.4 Compassionate leave .................................................................................................................. 17 1.6.5 Community service leave ............................................................................................................ 17 1.6.6 Public holidays ............................................................................................................................ 18 1.6.7 Christmas leave ........................................................................................................................... 18 1.6.8 Aboriginal & Torres Strait Islander Ceremonial leave ................................................................. 19 1.6.9 Study Leave................................................................................................................................. 19 1.6.10 Long service leave ...................................................................................................................... 19 1.6.11 Domestic violence support program ............................................................................................ 20

1.7 Common Allowances

1.7.1 Clothing & equipment allowance ................................................................................................. 21 1.7.2 Travelling allowance .................................................................................................................... 21 1.7.3 Meal allowance ............................................................................................................................ 21



1.7.4 Qualification Bonus ..................................................................................................................... 22 1.7.5 Return to Work Parental Payment .............................................................................................. 22

1.8 Payment of Wages ...................................................................................................................................... 22

1.9 Superannuation

1.9.1 Superannuation legislation .......................................................................................................... 23 1.9.2 Employer contributions ................................................................................................................ 23 1.9.3 Voluntary employee contributions ............................................................................................... 23 1.9.4 Superannuation fund ................................................................................................................... 23 1.9.5 Absence from work ...................................................................................................................... 23

1.10 Safe and healthy work environments

1.10.1 Commitment to providing a workplace free from workplace harassment, sex-based harassment and discrimination .................................................................................. 24 1.10.2 Commitment to providing a safe and healthy workplace ............................................................ 24

1.11 Union related matters ................................................................................................................................. 24

SECTION 2: PROVISIONS UNIQUE TO CHILDREN’S SERVICES EMPLOYEES

2.1 Classifications ............................................................................................................................................... 27 2.2 Wage Matters ............................................................................................................................................... 30 2.3 Progression ................................................................................................................................................... 30 2.3 Higher duties ................................................................................................................................................. 30 2.5 Non-contact time ........................................................................................................................................... 31 SECTION 3: PROVISIONS UNIQUE TO TEACHERS

3.1 Classifications ............................................................................................................................................... 32 3.2 Wage Rates ................................................................................................................................................... 32 3.3 Progression ................................................................................................................................................... 32 3.4 Higher duties ................................................................................................................................................. 32 3.5 Non-contact time ........................................................................................................................................... 33 SECTION 4: PROVISIONS UNIQUE TO HEALTH & BEHAVIOUR PROFESSIONALS

4.1 Classifications ............................................................................................................................................... 34 4.2 Wage Rates ................................................................................................................................................... 35 4.3 Progression ................................................................................................................................................... 35 4.4 Transition to the Classification Table ............................................................................................................ 36 4.5 Non-contact time ........................................................................................................................................... 36 4.6 Workload management ................................................................................................................................. 37 SECTION 5: APPENDICES

Appendix 5.1: Individual Flexibility Agreement Standard Template ..................................................................... 35 Appendix 5.2 Wage Rates 5.2.1 Learning Facilitators .......................................................................................................... 39 5.2.2 Room Leaders ................................................................................................................... 39 5.2.3 Assistant Managers ........................................................................................................... 40 5.2.4 Centre, Program & Service Managers .............................................................................. 40 5.2.5 Teachers ........................................................................................................................... 41 5.2.6 Health & Behaviour Professionals .................................................................................... 41 SECTION 6: SIGNATORIES

6.1 Signatories..................................................................................................................................................... 42


Section 1: Common Provisions


1.1 APPLICATION AND OPERATION 1.1.1 Title

This Agreement shall be known as the AEIOU Enterprise Agreement 2016.

1.1.2 Commencement and period of operation

This Agreement commences 7 days from the date of approval by Fair Work Australia and will remain in force until the 30th June 2019. Subject to the act, this Agreement shall continue on past its nominal expiry date until replaced or cancelled

1.1.3 Definitions

In this Agreement, unless the contrary intention appears: ACECQA means the Australian Children’s Education & Care Quality Authority Act means the Fair Work Act 2009. AQF means the Australian Qualifications Framework. Commission means Fair Work Commission or its successor.

Children’s Services means the industry of long day care; childcare centres; day care facilities; kindergarten programs, mobile centres and early childhood intervention programs.

Direct contact hours means hours worked directly with children.

Employee means an employee employed under the terms of this Agreement by AEIOU Foundation.

Employer means AEIOU Foundation.

Fair Work Commission (FWC) is the national workplace relations tribunal. FWC is an independent body with power to carry out a range of functions relating to the safety net of minimum wages and employment conditions, enterprise bargaining, industrial action, dispute resolution, termination of employment and other workplace matters.

Five year trained teacher means a teacher who has completed a degree in education or early childhood education that requires four years of full-time study at an Australian university and in addition has completed a postgraduate degree at an Australian University requiring at least one year of full-time study or the equivalent as determined by the National Office of Overseas Skills Recognition or the relevant licensing and accreditation authority.

Four year trained teacher means a teacher who has completed a degree in education or early childhood education that requires four years of full-time study at an Australian university or the equivalent as determined by the National Office of Overseas Skills Recognition or the relevant State or Territory teacher registration authority or in the case of early childhood teachers, the relevant licensing and accreditation authority.

NES means the National Employment Standards of the Fair Work Act 2009. Non-direct contact hours is time other than direct contact hours. NQF means the National Quality Framework. Teacher means a person who is appointed to perform duties which include delivering an educational program, assessing student participation in an education program, administering an education program and performing other duties incidental to the delivery of the education program.




Therapist means a person who is appointed to deliver specialist intervention strategies to children and who has completed a professionally recognised degree in occupational therapy, speech therapy, psychology, behaviour analysis or other relevant discipline.

1.1.4 Coverage 1.1.4.1 This Agreement shall cover and apply to:

(a) AEIOU Foundation (b) United Voice Union (c) Together Queensland, Industrial Union of Employees (“Together”) (d) Employees of AEIOU Foundation in the following positions:

(i) Centre Manager, Program Manager or Service Manager (ii) Assistant Manager (iii) Health Professional (Psychologist, Speech Pathologist or Occupational Therapist, Behaviour

Professional (Behaviour Therapist or Behaviour Analyst) (iv) Program Coordinator (v) Early Childhood Teacher (vi) Room Leader (vii) Learning Facilitator

1.1.4.2 The sections of this Agreement shall be applicable as follows:

a) Section 1: Common Provisions apply to all employees in accordance with Clause 1.1.4.1; and b) Section 2: Children’s Services Employees provisions apply to all employees in accordance with (i),

(ii), (vi) and (vii) of Clause 1.1.4.1 (d) c) Section 3: Teacher provisions apply to all employees in accordance with (v) of Clause 1.1.4.1 (d) d) Section 4: Health & Behaviour Professional provisions apply to all employees in accordance with (iii)

and (iv) of Clause 1.1.4.1 (d). 1.1.5 Access to the Agreement and the National Employment Standards

The employer must ensure that copies of this Agreement and the NES are available to all employees who whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

1.1.6 The National Employment Standards and this Agreement

The NES, this Agreement and the following awards contain the conditions of employment for employees covered by this Agreement:

(a) Children’s Services Award 2010 (b) Educational Services (Teachers) Award 2010 (c) Health Professionals and Support Services Award 2010

1.1.7 Individual Flexibility Arrangements 1.1.7.1 The employer and an employee covered by this Enterprise Agreement may agree to make an Individual

Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if:

(a) the IFA deals with one or more of the following matters:

(i) Ordinary hours of work (clause 1.4.1) (ii) Professional development activities (clause 1.4.10)

(b) the IFA meets the genuine needs of the employer and employee in relation to one or more of the

matters mentioned in paragraph (a); and (c) the IFA is genuinely agreed to by the employer and employee.




1.1.7.2 The employer must ensure that the terms of the IFA:

(a) Are about permitted matters under section 172 of the Fair Work Act 2009; and (b) Are not unlawful terms under section 194 of the Fair Work Act 200; and (c) Result in the employee being better off overall than the employee would be if no IFA was made.

1.1.7.3 The employer must ensure that the IFA:

(a) Is in writing; and (b) Includes the name of the employer and employee; and (c) Is signed the employer and employee and if the employee is under 18 years of age, signed by a

parent or guardian of the employee; and (d) Includes details of:

(i) The terms of the enterprise agreement that will be varied by the IFA; and (ii) How the IFA will vary the effect of the terms; and (iii) How the employee will be better off overall in relation to the terms and conditions of his or her

employment as a result of the arrangement; and (e) States the day on which the IFA commences

1.1.7.4 The employer must give the employee a copy of the IFA within 14 days after it is agreed to. 1.1.7.5 The employer or employee may terminate the IFA:

(a) By giving no more than 28 days’ written notice to the other party to the arrangement; or (b) If the employer and employee agree in writing – at any time.

1.1.8 No extra claims 1.1.8.1 The parties to this Agreement agree that during the period of operation of the Agreement, there shall be no

extra claims for wages or salary increases or improvements in employment conditions sought or granted except for those approved under the terms of this Agreement.

1.1.8.2 Notwithstanding clause 1.1.8.1, the Unions, Employees and the Employer covered by this agreement

agree that if the Federal and/or State Government makes additional government funding available to the Employer which is intended to be allocated to higher wages for Employees covered by this agreement and/or for any other purpose that is beneficial to Employees, the parties will meet within a reasonable timeframe to discuss the application of any such additional government funding arrangements to the terms of this agreement.

1.2 CONSULTATION & DISPUTE RESOLUTION 1.2.1 Consultation 1.2.1.1 This term applies if the employer:

(a) Has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

(b) Proposes to introduce a change to the regular roster or ordinary hours of work of employees

Major Change

1.2.1.2 For a major change referred to in paragraph 1.2.1.1 (a):

(a) The employer must notify the relevant employees of the decision to introduce the major change; and (b) Subclauses 1.2.1.3 to 1.2.1.9 apply.

1.2.1.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.




1.2.1.4 If:

(a) A relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b) The employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

1.2.1.5 As soon as practicable after making its decision, the employer must:

(a) Discuss with the relevant employees:

(i) The introduction of the change; and (ii) The effect the change is likely to have on the employees; and (iii) Measures the employer is taking to avert or mitigate the adverse effect of the change on the

employees; and

(b) For the purposes of the discussion – provide, in writing to the relevant employees:

(i) All relevant information about the change including the nature of the change proposed; and (ii) Information about the expected effects of the change on the employees; and (iii) Any other matters likely to affect the employees.

1.2.1.6 However, the employer is not required to disclose confidential or commercially sensitive information to the

relevant employees. 1.2.1.7 The employer must give prompt and genuine consideration to matters raised about the major change by

the relevant employees. 1.2.1.8 If a term in this agreement provides for a major change to production, program, organisation, structure or

technology in relation to the enterprise of the employer, the requirements set out in paragraph 1.2.1.2(a) and subclauses (3) and (5) are taken not to apply.

1.2.1.9 In this term, a major change is likely to have a significant effect on employees if it results in:

a) The termination of the employment of employees; or b) Major change to the composition, operation or size of the employer’s workforce or to the skills

required of employees; or c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure);

or d) The alteration of hours of work; or e) The need to retrain employees; or f) The need to relocate employees to another workplace; or g) The restructuring of jobs.

Change to regular roster or ordinary hours of work

1.2.1.10 For change referred to in paragraph 1.2.1.1(b):

(a) The employer must notify the relevant employees of the proposed change; and (b) Subclauses 1.2.1.11 to 1.2.1.15 apply.

1.2.1.11 The relevant employees may appoint a representative for the purposes of the procedures in this term.

1.2.1.12 If:

(a) A relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b) The employee or employees advise the employer of the identity of the representative:

the employer must recognise the representative.




1.2.1.13 As soon as practicable after proposing to introduce the change, the employer must:

(a) Discuss with the relevant employees the introduction of the change; and (b) For the purposes of the discussion – provide to the relevant employees:

(i) All relevant information about the change including the nature of the change; and (ii) Information about what the employer reasonably believes will be the effects of the change on

the employees; and (iii) Information about any other matters that the employer reasonably believes are likely to affect

the employees; and

(c) Invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

1.2.1.14 However, the employer is not required to disclose confidential or commercially sensitive information to the

relevant employees 1.2.1.15 The employer must give prompt and genuine consideration to matters raised about the changes by the

relevant employees 1.2.1.16 In this term, relevant employees means the employees who may be affected by a change referred to in

subclause (1.2.1.1. 1.2.2 Dispute Resolution 1.2.2.1 If a dispute relates to:

(a) A matter arising under the agreement; or (b) The National Employment Standards:

This term sets out the procedure to settle the dispute.

1.2.2.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures

of this term. 1.2.2.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by

discussions between the employee or employees and relevant supervisors and/or management. 1.2.2.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter

to the Fair Work Commission, 1.2.2.5 The Fair Work Commission may deal with the dispute in 2 stages:

(a) The Fair Work Commission will first attempt to resolve the dispute as it considers appropriate,

including mediation, conciliation, expressing an opinion or making a recommendation; and (b) If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work

Commission may then:

i) Arbitrate the dispute; and ii) Make a determination that is binding on the parties.

Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act.

A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

1.2.2.6 Whilst the parties are trying to resolve the dispute using the procedures in this term:

(a) An employee must continue to perform his or her work as he or she would normally unless he or she

has a reasonable concern about an imminent risk to his or health or safety; and




(b) An employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

i) The work is not safe; or ii) Applicable occupational health and safety legislation would not permit the work to be

performed; or iii) The work is not appropriate for the employee to perform; or iv) There are other reasonable grounds for the employee to refuse to comply with the direction.

1.2.2.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

1.3 TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 1.3.1 Employment tenure and status 1.3.1.1 Employees under this Agreement will be employed in one of the following categories of tenure:

(a) Permanent – an employment contract with no fixed end date; or (b) Fixed-term – an employment contract with a fixed end date; or (c) Casual – an employee engaged for temporary and relief purposes

1.3.1.2 Employees defined in 1.3.1.1 (a) or (b) will also be employed in one of the following categories of status:

(a) Full-time; or (b) Part-time

1.3.1.3 At the time of engagement, the employer will inform each employee of the terms of their engagement and

in particular whether they are to be full-time, part-time or casual. 1.3.2 Full-time employment 1.3.2.1 A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week. 1.3.3 Part-time employment 1.3.3.1 The employer may employ a part-time employee in any classification in this Agreement. 1.3.3.2 A part-time employee is an employee who is engaged to work less than 38 ordinary hours per week and

has reasonably predictable hours of work. 1.3.3.3 A part-time employee will receive, on a pro-rata basis, equivalent pay and conditions to those of full-time

employees who do the same kind of work. 1.3.3.4 The ordinary hours for a part-time employee will be confirmed in writing and the employee may elect either:

(a) A fixed weekly amount of hours per week; or (b) A variable weekly amount of hours which includes a fixed minimum amount plus additional variable

hours. However, in such circumstances, the maximum total number of hours per week will not exceed 37.5.

1.3.3.5 The ordinary hours of work for a part-time employee will not exceed 37.5 hours. 1.3.3.6 A part-time employee who agrees to work in excess of their normal hours in accordance with 1.3.3.4 (a)

will be paid at ordinary time for hours worked up to the fixed weekly amount of hours. The additional time worked shall be considered to be overtime and paid in accordance with Clause 1.4.7.




1.3.3.7 A part-time employee who agrees to work in excess of their normal hours in accordance with 1.3.3.4 (b) will be paid at ordinary time for hours worked up to the variable maximum number of hours. Any additional time worked shall be considered to be overtime and paid in accordance with Clause 1.4.7.

1.3.3.8 Any additional hours worked in accordance with 1.3.3.4 (a) and (b) shall be taken into account in the pro-

rata calculation of entitlements. 1.3.3.9 An existing employee will not be disadvantaged because the employee declines the offer to be employed

in accordance with clause 1.3.3.4(b). 1.3.3.10 Part-time employees may be employed with a minimum single period of daily attendance of 2 hours,

provided that wherever operationally possible a part-time employee will be engaged for a minimum engagement of 3 hours.

1.3.3.11 The hours of work for a part-time employee can be altered by mutual agreement, recorded in writing. 1.3.3.12 All hours worked shall be taken into account in the pro-rata calculation of entitlements. 1.3.3.13 In exceptional cases, and on a short-term basis, part-time employees may work the maximum ordinary

hours at ordinary rates of pay. 1.3.3.14 A part-time employee will be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate

prescribed in Sections 2.3, 3.2, 4.2 or Appendix 5.2.

1.3.4 Casual employment 1.3.4.1 A casual employee is an employee engaged as such and must be paid the hourly rate prescribed in

Sections 2.3, 3.2, 4.2 or Appendix 5.2. Where an hourly rate is not prescribed in Sections 2.3, 3.2, 4.2 or Appendix 5.2 a casual employee will be paid the hourly rate payable for a full-time employee for the relevant classification plus a casual loading of 25%.

1.3.4.2 A casual employee is one engaged for temporary and relief purposes. 1.3.4.3 A casual employee will be paid for a minimum of 2 hours pay per each engagement, provided that wherever

operationally possible a casual employee will be engaged for a minimum engagement of 3 hours. 1.3.4.4 For work in excess of 8 hours on any one day or shift or 38 hours in any one week, a casual employee will

be paid in accordance with the penalties specified in clause 1.4.7 Overtime and Penalty Rates. 1.3.5 Termination of employment 1.3.5.1 Notice of termination required to be given by the employer is provided for in the NES. 1.3.5.2 In recognising the importance of staffing and program consistency for children with an autism spectrum

disorder, the parties agree that the notice of termination required to be given by an employee is 4 weeks. This will assist in ensuring appropriate recruitment, training and hand-over can be achieved prior to the employee’s departure. However, by mutual agreement the requirement to provide 4 weeks’ notice can be waived by the employer. If an employee fails to give the required notice, the employer may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by the clause less any period of notice actually given by the employee.

1.3.5.3 Where the employer has given notice of termination to an employee, the employee must be allowed up to

one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer




1.3.6 Redundancy 1.3.6.1 Redundancy is provided for in the NES. 1.3.6.2 Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice

must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s discretion, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

1.3.6.3 An employee given notice of termination in circumstances of redundancy may terminate their employment

during the notice period. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

1.3.6.4 An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s

time off without loss of pay during each week of notice for the purpose of seeking other employment. 1.3.6.5 If the employee has been allowed paid leave for more than one day during the notice period for the purpose

of seeking other employment, the employee must, at the request of the employer, provide proof of attendance at an interview or they will not be entitled for the time absent. For this purpose, a statutory declaration is sufficient.

1.4 HOURS OF WORK AND RELATED MATTERS 1.4.1 Ordinary hours of work 1.4.1.1 The ordinary hours of work of full-time employees will not exceed an average of 76 hours per fortnight over

a two-week cycle. 1.4.1.2 Ordinary hours will be worked in periods not exceeding 8 hours, in unbroken periods save for meal breaks,

between Monday and Friday. 1.4.1.3 Ordinary hours may be worked:

(a) For employees covered by Sections 2 and 3 of this Agreement - between 6.00 am and 6.30 pm; or (b) For employees covered by Section 4 of this Agreement – between 6.00 am and 6.00 pm. However,

in regional work locations, the parties may mutually agree that the ordinary hours may be worked between 6.00 am and 6.30 pm.

1.4.1.4 Where broken shifts are worked, the spread of hours can be no greater than 12 hours per day. The spread

of ordinary hours may be varied if agreed in writing by all employees concerned to be mutually beneficial to the functioning of the workplace. However, any such arrangement will not result in an increase in the number of hours contained in the spread of ordinary hours (ie. Not more than 11 hours).

1.4.2 Term-time employees 1.4.2.1 By mutual agreement, an employee may be employed as a term-time employee to work only the school

education weeks of the year as defined by the relevant government department. 1.4.2.2 All entitlements for term-time employees are no less than those for non-term-time employees, except that

no ordinary wages are payable for the weeks the employee is not engaged to work. 1.4.2.3 Notwithstanding 1.4.2.2 non-engaged periods count as service for the purposes of accrual of paid annual

and personal carer/s leave and wage increments 1.4.2.4 Where a public holiday falls on a day on which a term-time employee is normally employed to work, the

employee will be paid at the ordinary hourly rate of pay for the number of hours they would ordinarily have worked on that day.




1.4.3 Pupil-free days 1.4.3.1 Two days per annum shall be designated as Pupil Free Days which are days on which children do not

attend the centre, but employees are required to attend. 1.4.3.2 Pupil Free Days may be used for program preparation, administration, professional development

mandatory training or reading. 1.4.4 Rostering 1.4.4.1 The employer will post a legible roster at a place readily accessible to employees indicating the rostered

hours of work. 1.4.4.2 Rostered hours will only be changed after 7 days’ notice has been given in writing. In the absence of such

notice, overtime will be paid until 7 days have transpired from the date the notice was given, unless by mutual agreement between the employer and the employee the notice period if waived, shortened or due to an emergency outside of the employer’s control. Where an employee is required to stay beyond their rostered hours because a parent fails to arrive on time to collect a child, this will not be regarded as an emergency and will treated as overtime.

1.4.4.3 An employee may be transferred from one location to another within their rostered hours at the direction of

the employer. An employee transferring from one location to another during a shift will be paid for the time taken to travel from one location to another.

1.4.4.4 Where an employee is required to permanently transfer to another location (other than by mutual

agreement), they must be given 7 days’ notice of the change or paid overtime until 7 days have transpired from the date the notice was given. Provided that an employee will not be permanently transferred without their mutual agreement in circumstances where such transfer would cause financial or other hardship for the employee, for example, unreasonable travel time or family responsibilities.

1.4.5 Make-up time 1.4.5.1 An employee may elect, with the consent of the employer, to work ‘make-up time’ under which the

employee takes time off during ordinary hours and works the same number of additional hours at a later time during the ordinary spread of hours provided for in clause 1.4.1.3.

1.4.6 Breaks 1.4.6.1 Meal Breaks

a) An employee will not be required to work in excess of 5 hours without an unpaid meal break of not less than 30 minutes and not more than 1 hour. Provided that employees who are engaged for not more than 6 hours continuously per shift may elect to forego a meal break.

b) A meal break must be uninterrupted. Where there is an interruption to the meal break and this is

occasioned by the employer, overtime will be paid until an uninterrupted break is taken. The minimum overtime payment will be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes.

c) Notwithstanding (a) above, where an employee is required to remain on the employer’s premises,

the employee will be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. By agreement with the employer, an employee may leave the premises during the meal break, however such time away from the premises will not be counted as time worked and nor will any payment be made for such time.

1.4.6.2 Rest Pauses

a) An employee working 4 hours or more on any engagement will be entitled to a paid rest period of 10 minutes.




b) Provided that an employee working for 7 hours or more will be entitled to 2 such paid rest periods of 10 minutes each unless the employee agrees to forego one of these rest periods.

c) In relation to (b) above, the employer and the employee may mutually agree to replace 2 paid rest

periods of 10 minutes each with 1 paid rest period of 20 minutes. d) All rest periods must be uninterrupted.

1.4.6.3 Breaks between work periods

a) All employees will be entitled to a 10-hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime.

b) Where an employee recommences work without having had 10 hours off work the employee will be

paid at overtime rates until such time as they are released from duty for a period of 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of absence.

c) By agreement between the employer and an employee, the period of 10 hours may be reduced to

not less than 8 hours.

1.4.7 Overtime and penalty rates 1.4.7.1 A full-time employee is paid at overtime rates for any work performed outside their ordinary hours of work. 1.4.7.2 A part-time employee is paid at overtime rates in the circumstances specified in clause 1.3.3 1.4.7.3 A casual employee is paid at overtime rates in the circumstances specified in clause 1.3.4. 1.4.7.4 Overtime will be paid at the rate of time and a half for the first 2 hours and double time thereafter. In

calculating overtime, each day’s work will stand alone. 1.4.7.5 Where an employee performs overtime, the employee may at their request and with the agreement of the

employer take time off instead of payment for overtime subject to the following:

a) Any periods of time off in ordinary hours will equate to the relevant period of overtime work b) An employee must not accumulate more than 20 hours of time off which must be taken within 4

weeks of its accrual. Where time off is not taken, the overtime will be paid for in the next pay period at the appropriate rate of overtime applicable.

1.4.8 Multi-hire engagements 1.4.8.1 A multi-hire employee means a part-time employee who is employed in more than one position covered by

this Agreement. Leave accruals will be based upon hours worked in both positions. At the time of taking leave, the hourly amount payable will be based on the higher hourly rate

1.4.8.2 No multi-hire arrangement will result in an employee working in excess of 38 hours per week. However, in

exceptional cases, and on a short-term basis only, multi-hire employees may exceed 38 hours per week, where any hours worked in excess of 38 will be deemed to be overtime and treated in accordance with clause 1.4.7 Overtime and Penalty Rates

1.4.9 Professional Development Activities 1.4.9.1 An employee cannot unreasonably refuse a request by the employer to attend a course after hours relating

to professional development, training or planning, provided that such employee will receive paid time off instead of payment for time spent at any such courses. Such paid time off instead of payment shall be at a time mutually agreed between the employer and the employee but must be taken within 4 weeks of the professional development activity unless otherwise agreed by the employer.




1.4.9.2 The requirements of clause 1.4.9.1 shall not apply to the annual staff conference where such conference does not exceed 2 days.

1.4.9.3 Approved professional development activities undertaken during work time, shall be paid at normal rates

of pay. 1.4.10 First Aid Training 1.4.10.1 For the purposes of providing a pool of qualified staff who are able to administer first aid, the employer will

pay the cost for a number of employees who hold a certified supervisor certificate or a nominated supervisor certificate and who work directly with children to maintain a current first aid certificate, subject to such training being approved by ACECQA and delivered by a training provider approved by the employer.

1.4.10.2 First aid training will be completed in work time. 1.4.10.3 An employee classified as Learning Facilitator Level 1.1 or Level 1.2 who is deemed by the employer to be

a designated first aid officer at the workplace will be paid a daily allowance of:

(a) With effect from 1 July 2015 $1.64 (b) With effect from 1 July 2016 $1.68 (c) With effect from 1 July 2017 $1.72 (d) With effect from 1 July 2018 $1.76

1.4.10.4 For the purposes of clause 1.4.10.3, it is agreed by the parties that the application of band-aids and ice-

packs to children is not considered to be first aid treatment. However, this clause is limited to minor incidents which do not require further medical attention.

1.4.11 Attendance at Court 1.4.11.1 Where it is necessary for an employee to attend Court on the employer’s or the employer’s clients’ behalf

in connection with any matter arising out of or in connection with their employment, the time taken will count as time worked.

1.4.12 Career Progression 1.4.12.1 The employer acknowledges the importance of providing career opportunities for employees who wish to

advance their career with the employer. As such, the employer will ensure that all vacancies for permanent and fixed-term (in excess of 6 months) positions are advertised internally throughout the organisation. The employer may, at its discretion, also advertise such positions externally concurrently or subsequent to the internal advertising process.

1.5 WAGE RELATED MATTERS 1.5.1 Effective date of wage increases

This agreement provides for wage rate increases included in Appendix 5.2 to be payable from the first full pay period after 1 July 2015, 1 July 2016, 1 July 2017 and 1 July 2018.

1.5.2 Wage Increases 1.5.3.1 This agreement provides for a 2.5% increase to be applied each year to wage rates for all categories, with

the following exceptions: a) Health & Behaviour Professionals – 3% wage increase each year b) Room Leaders – 5% wage increase in the first year

1.5.3.2 The Employer will ensure the base rate of pay under this agreement is no less than the relevant

classification wage rate that would be payable to the Employee under the modern award if the modern award applied to the Employee.




1.5.3 Recognition of previous service 1.5.3.1 On appointment, an employee will be classified and placed on the appropriate level on the wage scale,

according to their qualifications and relevant industry experience. For the purpose of this agreement, the following will count as service:

a) Experience in pre-schools, kindergartens, multi-purpose early childhood centres, early intervention

services, long day care centres and other early childhood services; b) Service as a lecturer in early childhood education or child development, as a child development

officer or equivalent; c) Previous relevant and/or similar experience

1.5.4 Evidence of qualifications 1.5.4.1 On engagement, the employer may require that the employee provides documentary evidence of

qualifications and/or relevant experience. If the employer considers that an employee has not provided satisfactory evidence and advises the employee in writing to this effect, then the employer may decline to recognise the relevant qualification or experience until such evidence is provided. Provided that the employer will not unreasonably refuse to recognise the qualifications or experience of an employee.

1.5.4.2 Where an employee has completed further teaching experience with another employer (for example during

unpaid leave) or additional qualifications after commencement of employment, they will be entitled to be classified accordingly and back-paid from the date of completion of the experience or qualifications, provided the employee provides satisfactory evidence to the employer within 3 months of completion. In all other cases, the employee will be classified and paid from the date the satisfactory evidence is provided.

1.6 LEAVE AND PUBLIC HOLIDAYS 1.6.1 Annual leave 1.6.1.1 This section does not apply to casual employees. 1.6.1.2 For each year of service, an employee is entitled to 5 weeks of paid annual leave. 1.6.1.3 An employee’s entitlement to paid annual leave accrues progressively during a year of service according

to the employee’s normal hours of work. 1.6.1.4 If an employee’s employment ends during a year of service, the employee accrues paid annual leave up

to the time when the employment ends. 1.6.1.5 Wherever practicable, paid annual leave is to be taken during the employer’s shut down periods. Any

remaining leave entitlement can be taken at times mutually agreed between the employer and the employee.

1.6.1.6 With mutual agreement between the employee and the employer, an employee may work during a period

of shut down. Where this occurs, no deduction shall be made from the employee’s leave entitlement for the period worked.

1.6.1.7 A term-time employee as defined by clause 1.4.2 is required to take annual leave during the shut-down

periods. 1.6.1.8 An employee with less than 12 months’ service who has insufficient leave entitlements to maintain their

ordinary rate of pay during the shut-down periods in accordance with clause 1.6.1.5 will be required to take leave without pay.

1.6.1.9 For situations other than that described in 1.6.1.8, unpaid annual leave will only be approved in exceptional

circumstances.

1.6.1.10 The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.




1.6.1.11 If the period during which an employee takes paid annual leave includes a day or part-day that is a public

holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.

1.6.1.12 If the period during which an employee takes paid annual leave includes a period of any other leave (other

than unpaid parental leave) or a period of absence from employment due to community service leave, the employee is taken not to be on paid annual leave for the period of that other leave.

1.6.1.13 If an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s

base rate of pay for the employee’s ordinary hours of work in the period. An employee’s base rate of pay is the rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following: a) Monetary allowances b) overtime or penalty rates c) Any other separately identifiable amounts.

1.6.1.14 Notwithstanding clause 1.6.1.5, the employer may require an employee to take annual leave by giving at least four weeks’ notice of a close down of its operations or where an employee has accrued more than 8 weeks’ leave.

1.6.1.15 An employee may elect to cash in up to 2 weeks’ of the employee’s annual leave entitlement in lieu of

taking the leave, subject to the following:

a) The employee, after cashing in a period of leave, will have a minimum 4 weeks’ entitlement of annual leave remaining; and

b) The employee provides such request in writing; and c) Such request is approved by the employee’s manager and the CEO.

1.6.2 Purchase of Additional Leave 1.6.2.1 An employee may elect to purchase additional leave of up to 5 days in a 12-month period. 1.6.2.2 The approval of purchased leave is subject to business needs and work demands and is to be taken at

approved and specified dates as mutually agreed between an employee and the employer. 1.6.2.3 The cost of the purchased leave will be deducted from an employee’s net pay over a 12-month period. 1.6.2.4 Purchased leave is paid at the rate at which it accrues, which may differ if the employee’s normal weekly

wage rate changes during the period of their purchase leave agreement. 1.6.2.5 An employee may seek to combine annual and purchased leave during a single leave period. 1.6.2.6 All purchased leave must be taken within an 18-month period. If the purchased leave has not been taken

by the end of the 18-month period, the purchase leave agreement will be cancelled and the remaining accrual paid to the employee.

1.6.2.7 On termination, any unused purchased leave will be paid to the employee. 1.6.2.8 An employee taking purchased leave will be paid an amount equivalent to the amount deducted over the

12-month period. 1.6.3 Personal/carer’s leave 1.6.3.1 This section does not apply to casual employees. 1.6.3.2 For each year of service with the employer, an employee is entitled to 10 days of paid personal/carer’s

leave.




1.6.3.3 An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work.

1.6.3.4 An employee may take paid personal/carer’s leave if the leave is taken:

a) Because the employee is unfit for work because of a personal illness, or personal injury, affecting the employee; or

b) To provide care or support to a member of the employee’s immediate family, or a member of the

employee’s household who requires care or support because of:

(i) A personal illness, or personal injury, affecting the employee; or (ii) An unexpected emergency affecting the employee

1.6.3.5 An employee is entitled to 2 days of unpaid carer’s leave for each occasion when a member of the

employee’s immediate family, or a member of the employee’s household requires care or support because of:

a) A personal illness, or personal injury, affecting the employee; or b) An unexpected emergency affecting the employee.

1.6.3.6 If the period during which an employee takes paid or unpaid personal/carer’s leave includes a day or part-

day that is a public holiday in the location where the employee is based for work purposes, and falls on a day on which the employee would normally work, the employee is not taken to be on paid personal/carer’s leave on that public holiday.

1.6.3.7 If an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the

employee’s base rate of pay for the employee’s ordinary hours of work in the period. An employee’s base rate of pay is the rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:

a) Monetary allowances b) overtime or penalty rates c) Any other separately identifiable amounts.

1.6.3.8 The following are members of an employee’s immediate family:

a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.

1.6.3.9 For all periods of personal/carers leave or compassionate leave an employer must give his or her employer

notice of taking such leave. The notice must be given to the employer as soon as practicable (which may be a time after the leave has started), and must advise the employer of the period, or expected period, of the leave.

1.6.3.10 An employer is entitled to request evidence that would substantiate the reason for leave. Failure to either

provide notice or, if required, evidence that would satisfy a reasonable person or substantiate the reasons for the leave, means the employee is not entitled to the leave.

1.6.3.11 The employer may request an employee to provide satisfactory evidence after a period of absence of three

or more days or if a pattern of absenteeism emerges which could suggest the absences are not bona-fide. Where a pattern has emerged, an employee will be notified of the requirement to provide satisfactory evidence. A pattern of absenteeism includes where:

a) More than 2 single day absences occur in a 12-month period where the absences coincide with public

holidays or weekends; b) The days of the week absent form a pattern c) A pattern forms between an employee’s absence and the absence of a co-worker

1.6.3.12 Accumulated personal/carers leave is not paid to an employee on termination of employment.




1.6.4 Compassionate leave 1.6.4.1 This section does not apply to casual employees. 1.6.4.2 An employee is entitled to 2 days of compassionate leave for each occasion when a member of the

employee’s immediate family, or a member of the employee’s household:

a) Contracts or develops a personal illness that poses a serious threat to his or her life; or b) Sustains a personal injury that poses a serious threat to his or her life; or c) Dies

1.6.4.3 An employee may take compassionate leave for a particular occasion if the leave is taken:

a) For the purpose of spending time with the member of the employee’s immediate family or household who has contracted or developed a personal illness, or sustained a personal injury; or

b) After the death of a member of the employee’s immediate family or household.

1.6.4.4 If an employee takes a period of compassionate leave, the employer must pay the employee at the

employee’s base rate of pay for the employee’s ordinary hours of work in the period. 1.6.4.5 The following are members of an employee’s immediate family:

a) A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; b) A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.

1.6.4.6 For all periods of personal/carers leave or compassionate leave an employer must give his or her employer

notice of taking such leave. The notice must be given to the employer as soon as practicable (which may be a time after the leave has started), and must advise the employer of the period, or expected period, of the leave.

1.6.4.7 An employer is entitled to request evidence that would substantiate the reason for leave. Failure to either

provide notice or, if required, evidence that would satisfy a reasonable person or substantiate the reasons for the leave, means the employee is not entitled to the leave.

1.6.5 Community Service Leave

1.6.4.1 Each of the following is an eligible community service activity:

a) Jury service (including attendance for the purpose of jury selection) that is required by or under a law of the Commonwealth or of a State or Territory; or

b) Carrying out a voluntary emergency management activity 1.6.4.2 An employee who engages in an eligible community service activity is entitled to be absent from his or her

employment for a period if:

a) The period consists of one or more of the following:

i) Time when the employee engages in the activity; ii) Reasonable travelling time associated with the activity; iii) Reasonable rest time immediately following the activity; and

b) Unless the activity is jury service – the employee’s absence is reasonable in all the circumstances.

1.6.4.3 An employee who wants an absence from his or her employment to be covered by Section 1.6.4 must give

the employer notice of the absence. 1.6.4.4 The notice must be given to the employer as soon as reasonably practicable (which may be a time after

the absence has started) and must advise the employer of the period, or expected period, of the absence.




1.6.4.5 An employee who has given the employer notice of an absence under section 1.6.4 must, if required, by the employer give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity.

1.6.4.6 Where an employee is absent from his or her employment for a period because of jury service and where

the employee is not a casual employee, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.

1.6.4.7 The employer may require the employee to give the employer evidence that would satisfy a reasonable

person that the employee has taken all reasonable steps to obtain any amount of jury service pay to which the employee is entitled; and of the total amount of jury service pay that has been paid, or is payable, to the employee for the period.

1.6.4.8 If, in accordance with 1.6.4.7, the employer requires the employee to give the employer the evidence

referred to, the employee is not entitled to payment under 1.6.4.6 unless the employee provides the evidence; and if the employee provides the evidence, the amount payable to the employee is reduced by the total amount of jury service pay that has been paid, or is payable, to the employee.

1.6.4.9 If an employee is absent because of jury service in relation to a particular jury service summons for a

period, or a number of periods, of more than 10 days in total:

a) The employer is only required to pay the employee for the first 10 days of absence; and b) The evidence provided in response to a requirement under 1.6.4.7 need only relate to the first 10

days of absence; and c) The reference in 1.6.4.8 to the total amount of jury service pay as disclosed in evidence is a reference

to the total amount so disclosed for the first 10 days of absence. 1.6.6 Public Holidays 1.6.6.1 Public holidays are provided for in the NES. Each of the following are public holidays:

a) 1 January (New Year’s Day) b) 26 January (Australia Day) c) Good Friday d) Easter Monday e) 25 April (Anzac Day) f) The Queen’s birthday (on the day on which it is celebrated in a State or Territory) g) 25 December (Christmas Day) h) 26 December (Boxing Day) i) Any other day, or part-day, declared by or under a law of a State or Territory to be observed generally

within the State or Territory as a public holiday (including, but not limited to, Labour Day and Easter Saturday).

1.6.6.2 By agreement between the employer and the majority of employees in the relevant workplace, an

alternative day may be taken as the public holiday instead of any of the days prescribed by the NES, where such request is initiated by an employee.

1.6.6.3 An employee, other than a casual employee, who works on a public holiday is entitled to take a day or

equivalent part-day in lieu. 1.6.7 Christmas Leave 1.6.7.1 An employee, other than a casual employee, with at least 12 months’ continuous service is eligible for

special Christmas Leave on the following basis:

a) An employee with more than 1 years’ service, but less than 2 years’ service – 1 day b) An employee with more than 2 years’ service but less than 3 years’ service – 2 days c) An employee with more than 3 years’ service – 3 days

1.6.7.2 Special Christmas leave cannot be accumulated and must be taken between Christmas and New Year each year.




1.6.7.2 A part-time employee is eligible for Special Christmas leave only for the number of hours and days on

which they would normally work. A part-time employees’ work pattern in the 4 weeks immediately prior to Christmas will form the basis for determining whether any of the three work days between Christmas and New Year are considered as a day on which the part-time employee would normally work.

1.6.7.3 Christmas leave is not paid to an employee on termination of employment 1.6.8 Aboriginal and Torres Strait Islander Ceremonial Leave 1.6.8.1 An employee who is legitimately required by the employee’s Aboriginal or Torres Strait Islander tradition to

be absent from work for ceremonial purposes shall be entitled to up to ten working days’ unpaid leave in any one year. The employee shall be able to establish to the employer that he/she has an obligation under Aboriginal and Torres Strait Islander customer and/or traditional law to participate in ceremonial activities and shall be granted such leave without pay for a maximum period of ten days per year or for such extension granted by the employer. Such leave shall not affect the employee’s entitlement to compassionate leave prescribed by the National Employment Standards.

1.6.8.2 Approval of all Aboriginal and Torres Strait Islander ceremonial leave will be subject to the employer’s

convenience and will not unreasonably affect the operation of the employer’s business but shall not be unreasonably withheld.

1.6.9 Study Leave 1.6.9.1 A staff member enrolled in and studying towards an approved qualification may apply to access study leave

under the following conditions:

a) Paid study leave is not available to casual staff members; b) A part-time employee may apply for study leave on a pro-rata basis; c) The course of study is approved by the relevant Centre, Service or Operations Manager; d) The course of study is relevant to the position (either current or confirmed new position to commence

in the immediate future) of the staff member; e) Completion of the course of study will result in benefit to both the staff member and AEIOU; f) Study leave is not transferable, cumulative or payable upon termination; g) A staff member with less than one year’s continuous service can access 3 days paid study leave per

annum h) A staff member with more than one year’s continuous service can access up to 5 days paid study

leave per annum i) Additional study leave may be approved as paid or unpaid time – this is at the discretion of the

relevant Centre, Service or Operations Manager. 1.6.10 Long Service Leave 1.6.10.1 Employees covered by this agreement are entitled to long service leave on full pay under, subject to, and

in accordance with, the provisions of sections 42-58 of the Industrial Relations Act 1999 (Queensland), as amended from time to time.

1.6.10.2 An employee covered by this agreement shall be entitled to long service on full pay of:

a) For the first 10 years’ continuous service – 8.6667 weeks; and b) If the employee has completed at least a further 5 years’ continuous service – another period that

bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.

1.6.10.3 An employee who has completed at least 7 years’ continuous service is entitled to a proportionate payment

for long service leave on the termination of the employee’s service. 1.6.10.4 However, if the employee’s service is terminated before the employee has completed 10 years’ continuous

service, the employee is entitled to a proportionate payment only if:

a) The employee’s service is terminated because of the employee’s death; or




b) The employee terminates the service because of:

i) The employee’s illness or incapacity; or ii) A domestic or other pressing necessity; or

c) The termination is because the employer:

i) Dismisses the employee for a reason other than the employee’s conduct, capacity or performance; or

ii) Unfairly dismisses the employee; or

d) The termination is because of the effluxion of time and;

i) The employee had a reasonable expectation that the employment with the employer would continue until the employee at completed at least 10 years’ continuous service; and

ii) The employee was prepared to continue the employment with the employer.

1.6.10.5 Long service leave is exclusive of a public holiday that falls during the period of the leave. 1.6.10.6 The employer and the employee may agree when the employee is to take long service leave. 1.6.10.7 If the employer and the employee cannot agree, the employer may decide when the employee is to take

leave by giving the employee at least 3 months’ written notice of the date on which the employee must take at least 4 weeks long service leave.

1.6.10.8 The employer must pay the employee for long service leave at the ordinary rate being paid to the employee

immediately before the leave is taken. 1.6.10.9 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the

ordinary rate, the employer must pay the employee at the higher rate. 1.6.10.10 The employer must not reduce an employee’s usual rate before an employee starts long service leave,

with intent to avoid the employer’s obligation under 1.6.10.9 above. 1.6.11 Domestic violence support program 1.6.11.1 Definition of domestic violence

(a) Domestic violence includes acts or threats of violence, not including acts of self-defence, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.

(b) Proof of domestic violence may be required and can be in the form of an agreed document issued

by the police service, a court, a doctor, a domestic violence support service or lawyer. 1.6.11.2 Measures

(a) No adverse action will be taken against an employee on the basis of domestic violence victim status or if their attendance or performance at work suffers as a result of experiencing domestic violence.

(b) All person information concerning domestic violence will be kept confidential in line with the

employer’s policy and relevant legislation. No information will be kept on an employee’s personnel file without their written permission

(c) Wherever practicable, the employer will approve any reasonable request from an employee

experiencing domestic violence for:




i) Changes to their span of hours or pattern or hours and/or shift patterns; ii) Job redesign or changes to duties; iii) Relocation to suitable employment within the workplace; iv) A change to their telephone number or email address to avoid harassing contact v) Any other appropriate measure including those available under existing provisions for family

friendly and flexible work arrangements.

(c) Domestic violence includes acts or threats of violence, not including acts of self-defence, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.

(d) Proof of domestic violence may be required and can be in the form of an agreed document issued

by the police service, a court, a doctor, a domestic violence support service or lawyer. 1.6.11.3 Special leave

(a) An employee experiencing domestic violence will have access to 10 days per year of paid special leave for medical appointments, legal proceedings and other activities related to domestic violence. This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day. Employees can also access existing personal leave for the abovementioned purposes.

(b) Proof of the need to access special leave may be requested by the employer (c) An employee experiencing domestic violence who seeks to access this form of special leave is to

contact a human resources representative. In special circumstances, this leave may be taken without prior approval.

1.7 COMMON ALLOWANCES 1.7.1 Clothing and equipment allowance Where an employee is required to wear protective clothing or equipment such as goggles, aprons or gloves,

the employer will either supply such clothing or equipment or reimburse the employee for the cost of their purchase.

1.7.2 Travelling allowance 1.7.2.1 Where an employee is directed to work away from their normal place of work on any day, the employee

will be paid a mileage allowance of $0.75 per kilometre in the case of a motor car or $0.25 per kilometre in the case of a motor cycle for travel in excess of their normal home/work travel distance. These rates are equivalent to the ATO rates per business kilometre. If the ATO rates per business kilometre increase during the life of this agreement, the travelling allowance will be increased to reflect the same rates as the ATO rates per business kilometre. This provision does not apply if the employer provides or offers to provide suitable transport free of charge to the employee. Where the employee uses public transport, the cost of the additional transport for the day shall be reimbursed by the employer. By mutual agreement, an employee may elect to recover fuel costs in lieu of claiming travelling allowance

1.7.2.2 Where an employee is required by the employer to stay overnight away from their usual residence, the cost

of such accommodation shall be paid for by the employer. 1.7.3 Meal allowance 1.7.3.1 An employee required to work overtime for more than one hour without being notified on the previous day

or earlier that they will be so required to work, will either be supplied with a meal by the employer or paid an allowance according to the schedule below:

(a) 1 July 2015 $10.87




(b) 1 July 2016 $11.14 (c) 1 July 2017 $11.41 (d) 1 July 2018 $11.70

This allowance shall remain fixed for the duration of this Agreement. No meal allowance is payable where an employee could reasonably return home for a meal within the period allowed.

1.7.3.2 An employee required to travel where such travel involves the employee to stay overnight away from their

usual residence, upon the production of receipts shall be entitled to be reimbursed up to $60 per day according to the table below:

(a) Breakfast $15 (b) Lunch $15 (c) Dinner $30

1.7.3.3 An employee required to travel where such travel involves the employee to stay overnight away from their

usual residence, upon the production of receipts shall be entitled to be reimbursed up to $10 per day for incidental purchases such as personal hygiene (unintentionally not packed) or first aid items.

1.7.4 Qualification Bonus 1.7.4.1 The following payments will be made to an employee upon the completion of a qualification listed in the

table below.

Certificate III - Children’s Services (or equivalent) $150 Diploma – Children’s Services (or equivalent) $500 Undergraduate Degree – Education, Speech Pathology, Occupational Therapy, Psychology $1,000 BCaBA or BCBA $1,500

1.7.4.2 The payments listed in 1.7.3.1 are subject to an employee achieving a minimum employment period of 12

months prior to attaining the qualification. 1.7.4.3 The payments listed in 1.7.3.2 are subject to an employee lodging an application for approval at least 3

months prior to completion of the qualification and for such application to be approved. 1.7.4.4 Where an employee seeks to obtain a qualification not described in the table in clause 1.7.3.1, eligibility for

the qualification bonus shall depend upon approval by a member of the employer’s Executive Management Team.

1.7.4.5 Employees who have gained any of the qualifications listed in the table in clause 1.7.3.1 prior to the

commencement of this Agreement shall not be eligible for the qualification bonus. 1.7.5 Return to Work Support Payment An employee who is eligible for and takes parental leave in accordance with the National Employment

Standards will be eligible for a return to work support payment of $750 subject to the following conditions:

(a) Continuous service of at least two years prior to commencing parental leave; and (b) Continuous service of at least six months after returning from parental leave.

1.8 PAYMENT OF WAGES 1.8.1 Wages will be paid fortnightly by payment into each employee’s bank account by electronic funds transfer. 1.8.2 Where an employee lawfully leaves their employment they will be paid all moneys due by electronic funds

transfer within 5 working days of their last day of service. 1.8.3 Prior to a terminating employee’s last working day, that employee will submit all required paperwork to the

employer and return any property of the employer which is in the employee’s possession.




1.9 SUPERANNUATION 1.9.1 Superannuation legislation

a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992

(Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

b) The rights and obligations in these clauses supplement those in superannuation legislation.

1.9.2 Employer contributions

The employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee. The employer will make such superannuation payments on a quarterly basis.

1.9.3 Voluntary employee contributions

a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise the employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 1.9.1.

b) An employee may adjust the amount the employee has authorised their employer to pay from the

wages of the employee from the first of the month following the giving of three months’ written notice to the employer.

c) The employer must pay the amount authorised under clauses a) or b) no later than 28 days after the

end of the month in which the deduction authorised under clauses 1.9.3 (a) or b) was made. 1.9.4 Superannuation fund 1.9.4.1 Unless, to comply with superannuation legislation, the employer is required to make the superannuation

contributions provided for in clause 1.9.1 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 1.9.1 and pay the amount authorised under clauses a) or b) to HESTA (industry superannuation fund for health and community services).

1.9.5 Absence from work 1.9.5.1 Subject to the governing rules of the relevant superannuation fund, the employer must also make the

superannuation contributions provided for in clause 1.9.2 and pay the amount authorised under clauses 1.9.1 (a) or b): a) Paid leave—while the employee is on any paid leave, with the exception of the Federal Government’s

paid parental leave; b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52

weeks) of the employee due to work-related injury or work-related illness provided that:

i) the employee is receiving workers’ compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

ii) the employee remains employed by the employer.




1.10 SAFE AND HEALTHY WORK ENVIRONMENTS 1.10.1 Commitment regarding workplace harassment, sex-based harassment and

discrimination

The employer is committed to ensuring a healthy and safe workplace that is free from workplace harassment, sex-based harassment and discrimination. The employer will ensure that adequate policies and procedures are in place to support this commitment and will take appropriate action to investigate and address any complaints presented. The employer will ensure that all employees are aware of their rights and responsibilities in relation to the prevention of workplace harassment, sex-based harassment and discrimination.

1.10.2 Commitment regarding workplace health and safety

The employer is committed to providing a workplace free from health, safety and environmental incidents. The employer will promote the prevention and management of situations that cause injury or illness in the workplace. The parties commit to continuous improvement in workplace health and safety standards through the promotion of a safe and healthy working environment. All employees will be assisted in understanding and fulfilling their responsibilities in maintaining a safe and healthy work environment.

1.11 UNION RELATED MATTERS 1.11.1 The employer recognises employees have a right to join and maintain financial membership of United Voice

or Together unions. All employees will be advised of this recognition at the time of engagement. 1.11.2 Union delegates have a role to play in the workplace. The existence of union delegates is encouraged. 1.11.3 The employer will provide access to reasonable resources to allow effective representation of members

with such resources including but not limited to email, internet, photocopier, notice-boards, fax, printer and telephone.

1.11.4 Delegates shall be allowed reasonable time to perform their role on behalf of their union including time to

consult with members and officials, provide feedback on discussions with the employer, approaching new staff members about membership and participation in the operation of the relevant union.

1.11.5 Union delegates will each be entitled to two (2) days training leave per year with pay to attend training

provided or endorsed by the union. 1.11.6 Training content could include, but is not limited to knowledge about the system of workplace relations

including rights and obligations for employers and employees, skills such as communication, negotiation, dispute resolution and grievance handling, bargaining and agreement-making, research, equity and discrimination and health & safety.

1.11.7 Such leave is subject to the following conditions:

a) Not less than two (2) weeks’ notice must be given to the employer of the date of commencement of the training course and the period over which the course is to be conducted;

b) The employee must have completed a period of six (6) months service with the employer before

becoming entitled to leave. 1.11.8 There shall be no more than an average of 1 delegate per worksite across all worksites with 80% of those

delegates representing employees covered by Sections 2 and 3 of this Agreement and the remaining 20% representing employees covered by Section 4.

1.11.9 The maximum number of days the employer will be liable to pay will be two (2) days per calendar year, per

delegate.




1.11.10 Delegates will be entitled to apply for leave without pay of up to six (6) months in any calendar year in order to undertake work for their union. The granting of such leave must not be unreasonably refused. The taking of such leave does not break continuity of service, but leave entitlements will not accrue during this period.

1.11.11 The employer will provide details of new employee’s bank accounts so as to facilitate direct debit of union

fees, but only in circumstances where the employee has authorised the release of these details in writing. 1.11.12 Union officials and/or other representatives are invited by the employer to access the workplace for the

purposes of representing employees in relation to the introduction of change, the disputes and grievance resolution procedure and/or negotiating individual flexibility arrangements (IFAs). Such meetings shall not compromise the operations of the worksite.

1.11.13 Union officials and/or other representatives shall be granted access to a meeting room for the purpose of

meeting with employees either in groups (not between the hours of 9am and 2.30 pm) or by individuals attending during their breaks (between the hours of 9am and 2.30pm). Such access shall be granted up to two (2) times per annum. Union officials and/or other representatives shall inform the employer at least 1 week in advance to ensure the meeting room is available.

1.11.14 Where an employee also holds a formal position within a Union’s structure, such employee shall be granted

up to 2 days paid time to attend related meetings. Such employee may also be granted additional unpaid time to attend related meetings, subject to operational requirements.

1.11.15 United Voice Equal Pay Case 1.11.15.1 Statement of Principles

a) The parties to this agreement acknowledge than an Application for an Equal Remuneration Order

(Big Steps Case) has been made to rectify historical undervaluation of educators working in Early Childhood Education and Care.

b) The parties acknowledge that early childhood educators have historically been undervalued for the

essential and skilled work that is performed in the sector, and that this undervaluation has largely been due to the gendered nature of the work

c) The employer recognises and values the important contribution educators make to the early lives of

children and supports this application to ensure educators receive equal pay for the work they do. The employer also acknowledges the central role of educators as advocates for their sector and their work in this application. The employer will work with United Voice to facilitate educators to participate in the case as well as any other assistance as agreed.

1.11.15.2 In accordance with Clause 1.11.15.1, the employer is proud to support the Big Steps Equal Pay Case for

educators in the early childhood education and care sector as follows:

a) Facilitating educator participation in the Big Steps Case:

i) Where an employee is required to attend the Fair Work Commission for the purpose of providing formal evidence or for any other reason as requested by the Commission, the employee shall be released from duties without loss of pay for up to 2 days. An employee may be released from duties for additional time without pay, subject to Centre Manager or Service Manager approval.

ii) Where an employee is required by United Voice to be interviewed for the purpose of providing formal evidence, an employee shall be granted up to 2 days without loss of pay to participate in such interviews. Provided that such interviews are conducted at a time that is convenient to the centre.

iii) Where requested by United Voice and required by the Fair Work Commission, facilitate site visits by Commissioners for the purpose of gaining a deeper understanding of the work that takes place in centre




iv) In total, the employer shall not be required to provide more than 4 days per annum paid time for the purposes of facilitating educator participation in the Big Steps Case.

b) Encouraging public support for the campaign to win equal pay:

i) At the request of United Voice and with no less than 4 weeks’ notice, the employer shall release educators to attend proceedings relating to the Big Steps Case during work hours in the Fair Work Commission – where such time shall not be paid time.

ii) The employer shall facilitate employees to provide material on the Big Steps Case to parents at the centre

iii) The employer shall facilitate regular communication to all employees about the case by

providing reasonable time in staff meetings, updates in newsletters or other regular employee communication opportunities for updates to be given by union delegates or other representatives as appropriate and in accordance with operational requirements.


Section 2: Children’s Services Employees


2.1 CLASSIFICATIONS 2.1.1 This section relates to the following positions:

a) Centre Manager b) Program Manager c) Service Manager d) Assistant Manager e) Room Leader f) Learning Facilitator

2.1.2 All the employees listed in 2.1.1 will be classified by the employer into one of the levels contained in this

Section in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties. The employer will provide each employee with written confirmation of their assigned classification.

2.1.3 Employees moving from one classification level to another will commence on the 1st year of the higher

level. 2.1.4 Learning Facilitator (Level 1)

This is an employee who has no formal qualifications or a relevant AQF Certificate II or in the opinion of the employer has sufficient knowledge and experience to perform within the scope of this level. The employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children.

Indicative duties:

• Assist in the implementation of the children’s program under supervision. • Assist in the implementation of daily education and care routines. • Develop awareness of and assist in maintenance of the health and safety of the children in care. • Give each child individual attention and comfort as required. • Understand and work according to the centre or service’s policies and procedures. • Demonstrate basic understanding of working with children with an autism spectrum disorder. • Learning and implementing the policies, procedures and routines of the service. • Learning how to establish relationships and interact with children. • Learning the basic skills required to work with children with an autism spectrum disorder. • Basic duties including food preparation, cleaning and gardening.

A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level.

2.1.5 Learning Facilitator (Level 2)

This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a Level 1 employee.

Indicative duties:

• Assist in the preparation, implementation and evaluation of developmentally appropriate programs

for individual children or groups. • Record observations of individual children or groups for program planning purposes for qualified

staff. • Under direction, work with individual children with particular needs.




• Assist in the direction of untrained staff. • Undertake and implement the requirements of quality assurance. • Demonstrate sound understanding of working with children with an autism spectrum disorder.

Subject to this award, an employee at this level is entitled to progression to Level 2.3. An employee at this level who has completed an AQF Diploma in Children’s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work, must be paid no less than the rate prescribed for Level 2.4.

2.1.6 Room Leader

This is an employee who is enrolled to study or who has completed a Diploma in Children’s Services or equivalent as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 6 years.

An employee at this level will also take on the same duties and perform the same tasks as a Learning Facilitator.

Indicative duties:

• Responsible, in consultation with the Assistant Manager/Manager for the preparation,

implementation and evaluation of a developmentally appropriate program for individual children or groups.

• Responsible to the Assistant Manager/Manager for the supervision of students on placement. • Responsible for ensuring a safe environment is maintained for both staff and children. • Responsible for ensuring that records are maintained accurately for each child in their care. • Develop, implement and evaluate daily care routines. • Ensure that the centre or service’s policies and procedures are adhered to. • Liaise with families.

2.1.7 Assistant Manager

This is an employee who has enrolled to study or who has completed an AQF Level IV Diploma in Children’s Services or equivalent and is appointed as:

• an Assistant Manager of a service;

An Assistant Manager will also take on the same duties and perform the same tasks as a Learning Facilitator or Room Leader, with additional duties: • Co-ordinate and direct the activities of employees engaged in the implementation and evaluation of

developmentally appropriate programs. • Contribute, through the Manager, to the development of the centre or service’s policies. • Co-ordinate centre or service operations including workplace health & safety, program planning, staff

training. • Responsible for the day-to-day management of the centre or service in the temporary absence of

the Manager and for management and compliance with licensing and all statutory and quality assurance issues.

• Generally supervise all employees within the service. 2.1.8 Centre Manager

A Centre Manager is an employee who holds a relevant Degree or a 3 or 4-year Early Childhood Education qualification, or an AQF Advanced Diploma, or a Diploma in Children’s Services, or otherwise a person possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position, and who is appointed as the Centre Manager of a service.




Indicative duties:

• Responsible for the overall management and administration of the service. • Supervise the implementation of developmentally appropriate programs for children. • Recruit staff in accordance with relevant regulations. • Maintain day-to-day accounts and handle all administrative matters. • Ensure that the centre or service adheres to all relevant regulations and statutory requirements. • Ensure that the centre or service meets or exceeds quality assurance requirements. • Liaise with families and outside agencies. • Formulate and evaluate annual budgets. • Liaise with management committees as appropriate. • Provide professional leadership and development to staff. • Develop and maintain policies and procedures for the centre or service.

2.1.9 Service Manager

A Service Manager is an employee who holds a relevant Degree or a 3 or 4-year Early Childhood Education qualification, or an AQF Advanced Diploma, or a Diploma in Children’s Services, or otherwise a person possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position, and who is appointed as the Service Manager of a service.

Indicative duties:

• Responsible for the overall administrative management of the service. • Recruit staff in accordance with relevant regulations. • Maintain day-to-day accounts and handle all administrative matters. • Ensure that the centre or service adheres to all relevant regulations and statutory requirements. • Ensure that the centre or service meets or exceeds quality assurance requirements. • Formulate and evaluate annual budgets. • Provide professional leadership and development to staff.

2.1.10 Program Manager

A Program Manager is a Board Certified Behaviour Analyst (BCBA) who is appointed as the Program Manager of a service.

Indicative duties:

• Supervise the implementation of developmentally appropriate programs for children. • Ensure that the centre or service adheres to all relevant regulations and statutory requirements. • Ensure that the centre or service meets or exceeds quality assurance requirements. • Liaise with families and outside agencies. • Provide professional leadership and development to staff. • Recruit staff in accordance with relevant regulations. • Formulate and evaluate annual budgets.




2.2 WAGE MATTERS

2.2.1 With effect from the first full pay period after 1 July, the wage rates shown in Appendix 5.2 will be the

applicable wage rates. 2.3 PROGRESSION 2.3.1 Progression from one level to the next within a classification is subject to an employee meeting the following

criteria:

a) Competency at the existing level; b) 12 months’ experience at that level (or in the case of a part-time employee, completion of 1,000

hours) and in-service training as required; and c) Demonstrated ability to acquire the skills necessary for advancement to the next pay point.

2.3.2 Where an employee is deemed not to have the requisite competency at their existing level at the time of

the appraisal, progression may be deferred for a period of 3 months, provided that:

a) The employee is notified in writing of the reasons for the deferral; b) The employee has, in the previous 12 months, been provided with the in-service training required to

attain a higher pay point; and c) Following any deferral, the employee is provided with the training necessary to advance to the next

level. 2.3.3 Where an appraisal has been deferred for operational reasons beyond the control of either party and the

appraisal subsequently deems the employee to have met the requirements of clause 2.4.1, any increase in wages will be back-paid to the 12 (or 24) month anniversary date of the previous progression.

2.3.4 An employee whose progression has been refused or deferred may invoke the provisions of clause 1.2.2

Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date.

2.4 HIGHER DUTIES 2.4.1 Where a Centre or Service Manager is absent for a period of at least one day, the Assistant Manager will

be eligible to receive a higher duties allowance according to the table below

a) From 1 July 2016 - $20.50 per day b) From 1 July 2017 - $21.00 per day c) From 1 July 2018 - $21.55 per day

2.4.2 For all other employees covered by Section 2 of this Agreement, the following provisions will apply:

a) An employee acting in a role which attracts a higher rate than their ordinary classification for two or more consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that:

(i) the greater part of the time so worked is spent in performing duties carrying the higher rate; (ii) an employee who is required to undertake duties of the Centre or Service Manager by reason

of the Manager’s non-attendance outside of core hours will not be entitled to payment under this clause;

(iii) where an employee who is not the Assistant Manager is appointed to act as the Service or Centre Manager of a centre pursuant to the relevant childcare regulations, they will be paid for the entire period at the rate applicable for a Centre or Service Manager




2.5 NON-CONTACT TIME 2.5.1 Learning Facilitators (ASD)

A Learning Facilitator (ASD) will be allowed six days per annum of non-contact time for program preparation, administration, training, professional development or reading. One of these six days per annum may be taken as a ‘non-attending’ day. A non-attending day means that the staff member is not required to attend his or her normal place of work but may work or study at another location including other AEIOU centres, home, training facilities, etc. In addition, a Learning Facilitator will be allowed one hour per week to attend room meetings.

2.5.2 Learning Facilitators (Mainstream)

A Learning Facilitator (Mainstream) will be allowed one hour per week of scheduled non-contact time for program preparation, administration, training, professional development or reading.

2.5.3 Room Leaders (ASD)

2.5.3.1 A Room Leader (ASD) who is responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be allowed the following periods of non-contact time for program preparation, administration, professional development, training, reading, or attending meetings. Non-contact time will be scheduled in advance by consultation between centre management and affected staff. a) 15 hours per week (which includes 1 hour per week to attend room meetings). It is the expectation

that non-contact time unable to be taken in accordance with the schedule is rescheduled within 7 days.

b) Between ½ hr and 1 hour per fortnight to attend meetings with peers or managers of the centre. Note it is the expectation that this meeting will be scheduled on a regular basis but where a meeting does not occur, the time is not cumulative. Time taken to attend these meetings will not require additional replacement staff to be engaged.

c) 3 days per annum (administration days)

2.5.3.2 A Room Leader may also request additional non-contact time during times of excessive workload relating to one or more of the following tasks/duties: a) Development and Review of Individual Plans b) Assessments/Intake c) NDIS reporting d) Data collection/analysis e) Home Visits f) Portfolio preparation g) Preparation for new children h) Exit Summaries

2.5.3.3 Where a request for additional time is not approved, an appeal can be directed to the Operations Manager for consideration.

2.5.4 Room Leaders (Mainstream)

A Room Leader (Mainstream) who is responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be allowed 2 hours of scheduled non-contact time per week for program preparation, administration, professional development, training or reading.

2.5.5 Assistant Managers

An Assistant Manager will be allowed six days per annum of non-contact time for program preparation, administration, training, professional development or reading. One of these six days per annum may be taken as a ‘non-attending’ day. A non-attending day means that the staff member is not required to attend his or her normal place of work but may work or study at another location including other AEIOU centres,




home, training facilities, etc. In addition, an Assistant Manager will be allowed one hour per week to attend room meetings.


Section 3: Teachers


3.1 CLASSIFICATIONS 3.1.1 This section relates only to employees in the position of Teacher 3.1.2 The duties of a teacher may include in addition to teaching, activities associated with administration, review,

development and delivery of educational programmes and co-curricular activities. 3.2 WAGE RATES 3.2.1 With effect from the first full pay period after 1 July, the wage rates shown in Appendix 5.2 will be the


criteria:


hours)) and in-service training as required; and c) Demonstrated ability to acquire the skills necessary for advancement to the next pay point.








Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date.

3.2.5 A teacher that is 4 year trained will commence on Level 1 of the salary scale in Appendix 5.2 and progress

according to normal years of service to Level 10 of the scale.

3.2.6 A teacher that is 5 year trained will commence on Level 2 of the salary scale in Appendix 5.2 and progress according to normal years of service to Level 10 of the scale.

3.4 HIGHER DUTIES 3.4.1 A Teacher acting in a role which attracts a higher rate than their ordinary classification for two or more

consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that:

a) the greater part of the time so worked is spent in performing duties carrying the higher rate; b) a Teacher who is required to undertake duties of the Centre or Service Manager by reason of the

Manager’s non-attendance outside of core hours will not be entitled to payment under this clause; c) where a Teacher is appointed to act as the Service or Centre Manager of a centre pursuant to the

relevant childcare regulations, they will be paid for the entire period at the rate applicable for a Centre or Service Manager


Section 3: Teachers


3.5 NON-CONTACT TIME 3.5.1 Teacher (ASD)

3.5.1.1 A Teacher who is responsible for the preparation, implementation and/or evaluation of a developmental

program for an individual child or group of children will be allowed the following periods of non-contact time for program preparation, administration, professional development, training, reading, or attending meetings. Non-contact time will be scheduled in advance by consultation between centre management and affected staff. a) 15 hours per week (which includes 1 hour per week to attend room meetings). It is the expectation

that non-contact time unable to be taken in accordance with the schedule is rescheduled within 7 days.

b) Between ½ hour and 1 hour per fortnight to attend meetings with peers or managers of the centre. Note it is the expectation that this meeting will be scheduled on a regular basis, but where a meeting does not occur the time is not cumulative. Time taken to attend these meetings will not require additional replacement staff to be engaged.

c) 3 days per annum (administration days)

3.5.1.2 A Teacher may also request additional non-contact time during times of excessive workload relating to one or more of the following tasks/duties: a) Development and Review of Individual Plans b) Assessments/Intake c) NDIS reporting d) Data collection/analysis e) Home Visits f) Portfolio preparation g) Preparation for new children h) Exit Summaries


3.5.2 Teacher (Mainstream) 3.5.2.1 A Teacher who is responsible for the preparation, implementation and/or evaluation of a developmental

program for an individual child or group of children will be allowed 10 hours of scheduled non-contact time per week for program preparation, administration, professional development, training or reading.


Section 4: Health & Behaviour Professionals


4.1 CLASSIFICATIONS 4.1.1 This section relates only to employees in the positions of Psychologist, Speech Therapist, Occupational

Therapist, Behaviour Therapist, Behaviour Analyst or Program Coordinator 4.1.2 Where appropriate, the health or behaviour professional meets the requirement to practise as a health or

behaviour professional in accordance with their professional association’s rules and who is eligible for membership of their professional association.

4.1.3 A health or behaviour professional may be required to:

• Conduct comprehensive assessment of each child’s development level on entry to the service, taking into account performance across the educational setting, and observational data gathered from a number of sources. Conduct review assessments as indicated.

• Prepare and distribute assessment reports upon entry to the service, and at other times as requested.

• Collaborate with the team (including parents) to develop (and regularly review) appropriate individualised goals for each child.

• Develop, model, implement and monitor strategies to address therapy-specific goals across the AEIOU curriculum, based on assessment outcome and ongoing observation.

• Collect data on children’s progress towards attainment of goals to inform programme planning. • Provide ongoing training to team members and to parents around functional skill development, and

therapy-based strategies in use at AEIOU. • Contribute to the ongoing review of each child’s progress towards their goals, and to weekly

programme planning. • Develop resources to support the implementation of therapy-based strategies across the AEIOU

programme. • Maintain comprehensive records of each child’s intervention, and provide reports as requested from

time to time by parents or external agencies. • Support parents to access external agencies where indicated, for example during transition from

AEIOU to school. • Develop, contribute to and maintain professional and team-based relationships. • Participate in relevant professional development and continually reflect on practice. • Provide home visits as indicated • Lead and assist in the implementation of therapy-specific systems and/or devices

4.1.4 A program coordinator is experienced and able to independently apply professional knowledge and

judgement when performing novel, complex, or critical tasks specific to their discipline. At this level, a program coordinator will have additional responsibilities and is required to:

• Provide active leadership in the development of high-level service improvement initiatives and

provide training and guidance to Level 1-10 health professionals within the organisation. • Develop and maintain a framework of practice guidelines for health professionals • Implement continuous improvement plans and performance management processes for health

professionals. • Provide health professionals with up to date knowledge of best practice and emerging research in

relation to early intervention for children with autism. • Represent the health professionals and organisation at relevant interagency groups and professional

conferences. • To participate in the development of research opportunities within the organisation. • To develop and implement an induction framework and internal continuing professional development

programs within the organisation. • Provide profession specific supervision of health professionals • Participate in strategic leadership and direction of therapy services within the

organisation. Operationally manage and coordinate therapy services. • Attend management meetings, parent forums and information sessions as appropriate • Participate in the recruitment of new therapists within the organisation • Coordinate therapy student placements across the organisation.




4.2 WAGE RATES 4.2.1 With effect from the first full pay period after 1 July, the wage rates shown in Appendix 5.2 will be the


criteria:


hours)) and in-service training as required; and c) Demonstrated ability to acquire the skills necessary for advancement to the next pay point.

4.3.2 In relation to 4.3.1 (c) above, the parties agree that during the life of this Agreement, a working party will

be established to develop a framework of specific competencies required for advancement, an appropriate tool to assess an employee’s level of competency and a procedure to be followed for approving advancement. The working party will comprise a combination of program coordinators, health or behaviour professionals and management representatives. Union representatives will also be provided with opportunities to contribute to the discussions. Until the framework is completed and implemented, progression from a level to the next level within a classification is subject to an employee meeting 4.3.1 (b) above.








– Grievance & Dispute Resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date.

4.3.6 A behaviour therapist will commence on Level HP0.1 of the salary scale in Appendix 5.2 and progress

according to normal years of service and competency to Level HP10 of the scale.

4.3.7 A behaviour therapist that holds a 3-year degree will commence on Level HP0.2 of the salary scale in Appendix 5.2 and progress according to normal years of service and competency to Level HP10 of the scale.

4.3.8 A behaviour therapist that holds a Board Certified Assistant Behavious Analyst qualification will commence

on Level HP2 of the salary scale in Appendix 5.2 and progress according to normal years of service and competency to Level HP10 of the scale.

4.3.9 A behaviour therapist that holds a Masters in ABA or BCBA qualification will commence on Level HP6 of

the salary scale in Appendix 5.2 and progress according to normal years of service and competency to Level 10 of the scale.

4.3.10 A behaviour analyst that holds a Board Certified Behaviour Analyst or Masters in ABA qualification will

commence on Level HP8 of the salary scale in Appendix 5.2 and progress according to normal years of service and competency to Level 10 of the scale.




4.3.11 A health professional that is 4 year trained will commence on Level 1 of the salary scale in clause 4.2.2 –

Wage Rates and progress according to normal years of service and competency to Level 10 of the scale. 4.3.11 A health professional that is 5 year trained or holds a Masters degree will commence on Level 2 of the

salary scale in clause 4.2.2 – Wage Rates and progress according to normal years of service and competency to Level 10 of the scale.

4.3.12 A health professional that has a PhD will commence on Level 3 of the salary scale in clause 4.2.2 – Wage

Rates and progress according to normal years of service and competency to Level 10 of the scale.

4.4 TRANSITION TO THE CLASSIFICATION TABLE 4.4.1 An existing Behaviour Therapist will be translated to the new classification table in Appendix 5.2 as follows:

a) Where the employee’s length of service as at 1 July 2016 is greater than two years, the employee will transition to HP2 and progress in accordance with clause 4.3

b) Where the employee’s length of service as at 1 July 2016 is less than two years, the employee will transition to HP1 and progress in accordance with clause 4.4

4.5 NON-CONTACT TIME 4.5.1 Health Professionals 4.5.1.1 A Health Professional who is required to contribute to the preparation, implementation and/or evaluation of

a developmental program for an individual child or group of children will be allowed the following periods per week of non-contact time for program preparation, report preparation, administration, professional development, training or reading.

a) 19 hours per week b) 1 day per annum (administration day)

4.5.1.2 A Health Professional may also request up to an additional 2 days per annum non-contact time during

times of excessive workload relating to one or more of the following tasks/duties: a) Development and Review of Individual Plans b) Assessments/Intake c) NDIS reporting d) Data collection/analysis e) Home Visits f) Preparation for new children g) Exit Summaries


4.5.2 Behaviour Therapists 4.5.2.1 A Behaviour Therapist who is required to contribute to the preparation, implementation and/or evaluation

of a developmental program for an individual child or group of children will be allowed the following periods per week of non-contact time for program preparation, report preparation, administration, professional development, training or reading.

a) 5 hours per week b) 1 day per annum (administration days) c) Up to 2 hours per week to attend room and other meetings with peers or managers of the centre.

Note it is the expectation that these meetings will be scheduled on a regular basis, but where a meeting does not occur the time is not cumulative. Time taken to attend these meetings will not require additional replacement staff to be engaged.




4.5.2.2 A Behaviour Therapist may also request up to an additional 2 days per annum non-contact time during times of excessive workload relating to one or more of the following tasks/duties: a) High number of Positive Behaviour Support Plans required b) Development and Review of Individual Plans c) Assessments/Intake d) NDIS reporting e) Data collection/analysis f) Home Visits g) Preparation for new children h) Exit Summaries


4.6 WORKLOAD MANAGEMENT 4.6.1 The parties agree that during the life of this Agreement, a review into ways to ensure reasonable workloads

for occupational therapists will be completed by management and staff. The parties also acknowledge that until the review is completed and approved, interim or temporary arrangements will be facilitated as required.

4.6.2 In relation to clause 4.6.1, the parties also acknowledge that in addition to any proposals to adjust staffing

arrangements, the review will identify potential improvements to processes, systems and training activities which will also contribute to a reduction in workload pressures.

.


Section 5: Appendices


APPENDIX 5.1 – INDIVIDUAL FLEXIBILITY AGREEMENT TEMPLATE

This Individual Flexibility Agreement (the Agreement) will commence on:

{insert commencement date}

The parties to the Agreement are:

AEIOU Foundation

And

_____________________________________ {insert employee name}

In accordance with Section 1.1.7 of the AEIOU Enterprise Agreement 2016, this Agreement documents variation to the Agreement freely

agreed to between AEIOU Foundation and the employee. This agreement is limited to varying the effect of the following terms of the AEIOU

Enterprise Agreement 2016:

a) Ordinary hours of work (clause 1.4.1); or b) Professional development activities (clause 1.4.9)

Please indicate which (clause(s) will be varied by this agreement 1.4.1 1.4.9

The employee may be represented by the relevant union who is party to the certified agreement and the employer is required to ensure that if

the employee’s understanding of written English is limited, that measures are taken to ensure the employee understands this Agreement.

Describe here the nature of the variation: Describe here the reason for the variation: Describe here how the employee will be better off overall in relation to the terms and conditions of his or her employment: This Agreement shall continue to apply unless terminated by either party giving 28 days’ written notice or at any time by written agreement between the parties.

Signatures Employee:

Date:

CEO AEIOU Foundation

Date:




APPENDIX 5.2 – Wage Schedules Appendix 5.2.1 Learning Facilitators

Code Title Jul-15 Jul-16 Jul-17 Jul-18 LF11 Learning Facilitator, UQ, On commencement $18.7352 $19.2035 $19.6836 $20.1757 LF12 Learning Facilitator, UQ, After 1 Year $19.3809 $19.8654 $20.3621 $20.8711 LF21 Learning Facilitator, Cert III, On commencement $20.5385 $21.0520 $21.5783 $22.1178 LF22 Learning Facilitator, Cert III, After 1 Year $21.2452 $21.7763 $22.3207 $22.8787 LF23 Learning Facilitator, Cert III, After 2 Years $21.9142 $22.4620 $23.0236 $23.5992

LF24 Learning Facilitator, Dip, On commencement $23.1242 $23.7023 $24.2949 $24.9022 LF25 Learning Facilitator, Adv. Dip/HSR, On commencement $23.8179 $24.4134 $25.0237 $25.6493 LFR1 Learning Facilitator, RBT, On commencement $23.8179 $24.4134 $25.0237 $25.6493 LFR2 Learning Facilitator, RBT, After 1 year $24.2943 $24.9016 $25.5242 $26.1623 LFR3 Learning Facilitator, RBT, After 2 years $24.7802 $25.3997 $26.0347 $26.6855 LFC1 Learning Facilitator Casual, UQ $24.2105 $24.8158 $25.4362 $26.0721 LFC2 Learning Facilitator, Casual, Cert III $27.3675 $28.0517 $28.7530 $29.4718

LFC3 Learning Facilitator, Casual, Dip $28.9563 $29.6802 $30.4222 $31.1827 Appendix 5.2.2 Room Leaders

Code Title Jul-15 Jul-16 Jul-17 Jul-18 RL11 Room Leader, Studying Dip, On commencement* $22.4487 $23.0099 RL12 Room Leader, Studying Dip, On commencement $22.7617 $23.3307 $23.9140 $24.5119 RL13 Room Leader, Studying Dip, After 1 years $23.0744 $23.6512 $24.2425 $24.8486 RL14 Room Leader, Studying Dip, After 2years $23.3994 $23.9843 $24.5839 $25.1985 RL15 Room Leader, Studying Dip, After 3 years $23.7120 $24.3048 $24.9125 $25.5353 RL21 Room Leader, Dip, on commencement $24.7847 $25.4043 $26.0395 $26.6904 RL22 Room Leader, Dip, After 1 year $25.1602 $25.7892 $26.4339 $27.0948 RL23 Room Leader, Dip, After 2 years $25.5356 $26.1740 $26.8283 $27.4990 RL24 Room Leader, Dip, After 3 years ** $26.4421 $27.1032 $27.7807 $28.4752 RLR1 Room Leader, RBT, on commencement $26.4370 $27.0979 $27.7754 $28.4697 RLR2 Room Leader, RBT, After 1 year $27.8956 $28.5929 $29.3078 $30.0405 RLR3 Room Leader, RBT, After 2 years $28.4535 $29.1649 $29.8940 $30.6413 RLC1 Room Leader, Casual, Cert III $29.6625 $30.4041 $31.1642 $31.9433

RLC2 Room Leader, Casual, Dip $31.9200 $32.7180 $33.5360 $34.3743

* not to be used after the date which is 7 days from the date of approval of this Agreement by Fair Work Commission ** not to be used before the date which is 7 days from the date of approval of this Agreement by Fair Work Commission




5.2.3 Assistant Managers

Code Title Jul-15 Jul-16 Jul-17 Jul-18 AM11 Assistant Manager, Studying Dip, On commencement $25.3000 $25.9325 $26.5808 $27.2453 AM12 Assistant Manager, Studying Dip, After 1 year $25.6664 $26.3081 $26.9658 $27.6399 AM13 Assistant Manager, Studying Dip, After 2 years $26.0302 $26.6809 $27.3480 $28.0317 AM21 Assistant Manager, Dip, On commencement $25.3000 $25.9325 $26.5808 $27.2453 AM22 Assistant Manager, Dip, After 1 year $25.6664 $26.3081 $26.9658 $27.6399 AM23 Assistant Manager, Dip, After 2 years $26.0302 $26.6809 $27.3480 $28.0317 AM31 Assistant Manager, Adv. Dip, On commencement $26.1233 $26.7763 $27.4457 $28.1319

AM41 Assistant Manager, 3 or 4 year degree, On Commencement $26.6457 $27.3118 $27.9946 $28.6945

5.2.4 Managers

Code Title Jul-15 Jul-16 Jul-17 Jul-18 CM11 Centre Manager, 1 Room, On commencement $36.1170 $37.0199 $37.9454 $38.8941 CM12 Centre Manager, 1 Room, After 1 year $36.5672 $37.4814 $38.4184 $39.3789 CM13 Centre Manager, 1 Room, After 2 years $37.0210 $37.9465 $38.8951 $39.8675 CM21 PM21

Centre Manager/Program Manager 2 or 3 Rooms On commencement $38.4038 $39.3639 $40.3480 $41.3567

CM22 PM22

Centre Manager/Program Manager 2 or 3 Rooms After 1 year $38.7495 $39.7182 $40.7112 $41.7290

CM23 PM23

Centre Manager/Program Manager 2 or 3 Rooms After 2 years $39.2177 $40.1982 $41.2031 $42.2332

CM31 PM31

Centre Manager/Program Manager 4 or 5 Rooms On Commencement $39.6858 $40.6780 $41.6949 $42.7373

CM32 PM32

Centre Manager/Program Manager 4 or 5 Rooms After 1 year $40.1360 $41.1394 $42.1679 $43.2221

CM33 PM33

Centre Manager/Program Manager 4 or 5 Rooms After 2 Years $40.5862 $41.6009 $42.6409 $43.7069

SM11 Service Manager 1 Room, On commencement $30.7700 $31.5392 $32.3277 $33.1359 SM12 Service Manager 1 Room, After 1 year $31.1467 $31.9253 $32.7235 $33.5416 SM13 Service Manager 1 Room, After 2 years $31.5341 $32.3225 $33.1305 $33.9588 SM21 Service Manager 2 or 3 Rooms, On Commencement $32.7180 $33.5360 $34.3743 $35.2337 SM22 Service Manager 2 or 3 Rooms, After 1 year $33.0086 $33.8338 $34.6796 $35.5466 SM23 Service Manager 2 or 3 Rooms, After 2 years $33.4068 $34.2420 $35.0980 $35.9755 SM31 Service Manager 4 or 5 Rooms, On commencement $33.8050 $34.6501 $35.5164 $36.4043 SM32 Service Manager 4 or 5 Rooms, After 1 year $34.1925 $35.0473 $35.9235 $36.8215

SM33 Service Manager 4 or 5 Rooms, After 2 years $34.5799 $35.4444 $36.3305 $37.2388




5.2.5 Teachers

Code Title Jul-15 Jul-16 Jul-17 Jul-18 TE1 Teacher Level 1, 4 yr Qual, On commencement $31.4180 $32.2034 $33.0085 $33.8337

TE2 Teacher Level 2, 5 yr Qual, On commencement $32.4827 $33.2947 $34.1271 $34.9803 TE3 Teacher Level 3 $33.5479 $34.3866 $35.2463 $36.1275 TE4 Teacher Level 4 $34.6131 $35.4785 $36.3654 $37.2745 TE5 Teacher Level 5 $35.6779 $36.5698 $37.4841 $38.4212 TE6 Teacher Level 6 $36.7431 $37.6616 $38.6032 $39.5683 TE7 Teacher Level 7 $37.8084 $38.7536 $39.7224 $40.7155 TE8 Teacher Level 8 $38.8730 $39.8448 $40.8410 $41.8620 TE9 Teacher Level 9 $40.2041 $41.2092 $42.2394 $43.2954

TE10 Teacher Level 10 $41.3022 $42.3347 $43.3931 $44.4779

5.2.6 Health & Behaviour Professionals

Code Title Jul-15 Jul-16 Jul-17 Jul-18 BT1 or HP0.1 Behaviour Therapist, RBT $26.6957 $27.4966 $28.3215 $29.17 BT2 or HP0.2

Behaviour Therapist, ABA/3yr Psychology Degree, On commencement $28.3434 $29.1937 $30.0696 $30.97

HP1 Occupational Therapist or Speech Pathologist, 4 yr Qual, On commencement, $28.6261 $29.4849 $30.3694 $31.28

HP2

Behaviour Therapist (BCaBA), Occupational Therapist or Speech Pathologist, 5 yr Qual, On commencement, $29.9659 $30.8649 $31.7908 $32.74

HP3 Health or Behaviour Professional, PhD Qual, On commencement, $31.0358 $31.9668 $32.9258 $33.91

HP4 $32.1062 $33.0694 $34.0615 $35.08 HP5 $33.1766 $34.1719 $35.1971 $36.25 HP6 $34.2466 $35.2740 $36.3322 $37.42 BT3/HP6 Behaviour Therapist (Masters in ABA) $34.2466 $35.2740 $36.3322 $37.42 HP7 $35.3169 $36.3765 $37.4678 $38.59 HP8 $36.3874 $37.4791 $38.6034 $39.76 BA1/HP8 Behaviour Analyst (BCBA or Masters in ABA) $36.3874 $37.4791 $38.6034 $39.76 HP9 $37.4573 $38.5810 $39.7384 $40.93 HP10 $38.7948 $39.9587 $41.1575 $42.39 PC1 Program Coordinator, On commencement $39.5398 $40.7260 $41.9478 $43.21 PC2 Program Coordinator, After 1 year $40.2847 $41.4933 $42.7381 $44.02 PC3 Program Coordinator, After 2 years $41.0297 $42.2606 $43.5285 $44.83

PC4 Program Coordinator, After 3 years $41.7760 $43.0293 $44.3201 $45.65


Section 6: Signatories


6.1 SIGNATORIES

Signed for and on behalf of the AEIOU Foundation

Name Kerrie Mahon Position Acting Chief Executive Officer

Signature

Date

Witness name Amber Simpson Witness signature

Signed for and on behalf of United Voice

Name Position

Signature

Date

Witness name Witness signature

Signed for and on behalf of Together Queensland, Industrial Union of Employees

Name Position

Signature

Date

Witness name Witness signature

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