ASSOCIATION FOR THE BLIND OF WESTERN AUSTRALIA SALARIED
OFFICERS’ ENTERPRISE AGREEMENT 2003
NO. AG 268 OF 2003
1. - TITLE
This Agreement shall be referred to as the Association for the Blind of Western Australia
Salaried Officers’ Enterprise Agreement 2003 and shall replace AG 152 0f 2001.
2. - ARRANGEMENT
1.
2.
3.
4.
5.
6.
Title
Arrangement
Application of Agreement
Relationship to Parent Award
Objective
Productivity and Efficiency measures
6.1
Hours of Work
6.2
Ordinary hours – Future requirements
6.3
Long Service Leave
6.4
Short Leave
6.5
Bereavement Leave
6.6
Study Leave
6.7
Family Leave
6.8
Public Service Holidays / Christmas closedown
6.9
Paid parental leave
6.10 Access to counselling
6.11 Eye Screening / Testing
6.12 Annual Leave – cashing in
6.13 Commitment
7.
8.
9.
10.
11.
12.
Redundancy
Avoidance and Resolution of Industrial Disputes, Questions and Difficulties
Salary Rates
Salary / Remuneration Packaging
Superannuation
No Precedent
2
13.
14.
15.
Period of Operation and Renewal
No Extra Claims
Number of Employees
Schedule A – Salary Rates
3. - APPLICATION OF AGREEMENT
This Agreement shall apply to and be binding on the Association for the Blind of Western Australia Inc., the
Hospital Salaried Officers Association of Western Australia (Union of Workers) as parties to the Agreement
and all employees eligible to be members of the Hospital Salaried Officers Association of Western Australia
(Union of Workers) who are engaged in any of the occupations or callings specified in the Award referred to
in Clause 4. hereof, within the State of Western Australia.
4. - RELATIONSHIP TO PARENT AWARD
This Agreement shall be read and interpreted in conjunction with the Salaried Officers
(Association for the Blind of Western Australia) Award 1995, hereinafter referred to as
“the Award”, but where the terms of this Agreement are inconsistent with the Award, the
terms of this Agreement shall prevail.
5. - OBJECTIVE
This Agreement is designed to provide an appropriate pay benefit and to incorporate
family friendly conditions of employment for employees in recognition of their continuing
contribution and agreement to the productivity efficiency measures outlined in the
Agreement.
6. - PRODUCTIVITY AND EFFICIENCY MEASURES
6.1
Hours of Work
Flexibility for Employees and Employers:
Subject to the following, by mutual consent of employer and employee, both
parties may agree in writing to an employee working hours outside the spread of
ordinary hours in which case the employer shall not be liable to pay any shift
allowances, including weekend shift allowances, which, but for such agreement,
would be payable.
(a)
Such agreement may be initiated for the convenience of either employee or
employer and must not be either directly or indirectly reached as a result of
any direction or pressure from either party.
(b)
The agreement will clearly set out the hours arrangement to be worked.
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6.2
(c)
Any hours worked, at the request of the employer, outside the parameters
set out in the agreement shall be deemed to be overtime.
(d)
The employee may withdraw from the special arrangements at any time by
advising the employer in writing.
(e)
The employer may withdraw from the special arrangements at any time by
advising the employee in writing.
(f)
Where the arrangement is withdrawn by either party the employee will
revert to the normal working hours and arrangements for their work area
and shall be paid accordingly.
Ordinary Hours – Future Requirements
Notwithstanding the term of this Agreement the parties acknowledge each others
right to renegotiate ordinary hours of work at any time should that be necessary to
facilitate the delivery of services to clients arising out of the Association’s proposed
new building.
6.3
Long Service Leave
At the request of the employee and with the agreement in writing between the
employer and employee, such employee faced with pressing personal needs may
be paid in lieu of taking a portion of accrued long service leave.
6.4
Short Leave
The employer may, upon sufficient cause such as urgent private business or
personal emergency being shown, grant an employee paid leave of absence not
exceeding two consecutive working days, but in any event not exceeding, in the
aggregate, three working days in any one calendar year. This leave shall be
reduced by any bereavement leave taken under 6.5 in the relevant calendar year.
6.5
Bereavement Leave
Notwithstanding the provisions of 6.4, on the death of an employee’s:
(a)
spouse or de facto spouse,
(b)
child, step child, grandchild
(c)
parent, step parent, parents-in-law, grandparent
(d)
brother, sister, or
(e)
any other person who, immediately before that person’s death, lived
with the employee as a member of the employee’s family,
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the employee is entitled to paid bereavement leave of up to three days. The
three days need not be consecutive and shall not be granted during a
period of any other kind of leave.
6.5.1 Reasonable additional bereavement leave may be granted where an
employee has assumed significant responsibility for the arrangements to do
with the ceremonies resulting from the death; or where cultural obligations
necessitate a longer period of bereavement leave.
6.6
Study Leave
6.6.1 Where an employee is engaged in a course of study which is relevant to
his/her profession or work, time off without deduction of pay may be
approved as follows:
(a)
to attend classes, lectures, or tutorials
up to 2 hours per week;
(b)
to prepare for examinations
up to 2 days per year
(c)
to attend final examinations
the day of the examination
6.6.2 Approval may be given for additional time off during working hours provided
a mutually acceptable arrangement is made between the employee and
employer for that time to be made up.
6.7
Family Leave
6.7.1 An employee with responsibilities in relation to either members of their
immediate family or members of their household who need their care and
support shall be entitled to use up to 5 days per year sick leave entitlement
to provide care and support for such persons when they are ill or
incapacitated.
In emergency circumstances, and only on the production of a medical
certificate, the employee may take up to the employee’s full sick leave
accrual in a year for family leave purposes.
6.7.2 The employee shall, if required, establish by production of a medical
certificate or statutory declaration, the illness or incapacitation of the person
concerned.
6.7.3 The entitlement to sick leave in accordance with this subclause is subject to:
(a)
the employee being responsible for the care of the person
concerned; and
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(b)
the person concerned being either:
(i)
a member of the employee’s immediate family; or
(ii)
a member of the employee’s household.
6.7.4 The term “immediate family” includes a spouse, de facto spouse, child, step
child, parent, brother, sister, grandparent or grandchild of the employee or
spouse of the employee.
6.7.5 The employee shall, wherever practicable, give the employer notice prior to
the absence of the intention to take leave, the name of the person requiring
care and their relationship to the employee, the reasons for taking such
leave and estimated length of absence. If it is not practicable for the
employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
6.7.6 Family leave is not cumulative from year to year.
6.8
Public Service Holidays / Christmas Closedown
6.8.1 The employer may require employees to take their entitlement to the 2
additional public holidays as prescribed in clause 13 (4) of the Award at a
time to coincide with the closedown of operations during the period between
Christmas and New Year.
6.8.2 All employees who are required to take the holidays referred to in 6.8.1
during the Christmas / New Year period shall be entitled to an additional day
off without loss of pay, or in the case of part time employees, with pay,
between Christmas day and New Years day during the close down period.
6.8.3 In the event that the employer requires employees to work during the
Christmas / New Year break such employees may take the additional day
provided for in 6.8.2 at some other time by agreement with the employer.
6.8.4 These days off apply notwithstanding an employee’s length of service, but
leave loading does not accrue in respect of such days.
6.9 Paid Parental Leave
Notwithstanding the provisions of Clause 16. .- Parental leave of the Award, an
employee who is the primary care giver and who has completed not less than 12
months continuous service with the employer, is entitled to 6 consecutive weeks
paid parental leave from the commencing date of the leave. This will not affect the
other requirements or provisions of the Award clause. This provision is to read in
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conjunction with the policy and procedures to be developed by the parties during
the first year of the Agreement.
6.10 Access to Counselling
Employees under this Agreement shall have access to counselling for personal or
work related issues in accordance with the Employee Assistance Programme
provided by the employer.
6.11 Eye Screening / Testing
In recognition of the Employer’s commitment to assisting employees maintain
good health, particularly, with regard to vision, employees are entitled to
free eye screening, with the option of a full eye test, the cost of which will be
covered either by Medicare, if eligible, or the employer, if requested or required,
once per calendar year through the Employer’s facilities. Provided that new
employees shall be offered this entitlement on commencement of employment.
6.12 Annual Leave - Cashing In
Subject to the Minimum Conditions of Employment Act 1993, an employee may,
on application in writing to the employer, cash in an amount of accrued annual
leave entitlement including the relevant amount of loading. Provided that the
employee has in hand, after cashing in part of the entitlement, not less than the
equivalent of 2 weeks leave.
6.13 Commitment
Employees under this Agreement give an ongoing commitment to maintaining and
promoting the culture and ethos of the Association for the Blind, and to pursuing
the maintenance and continuous improvement of a high quality service to its
customers /clients /members.
7. - REDUNDANCY
7.1
In this clause “redundancy” means a situation where the employee’s employment
is to be terminated by the employer, the termination being attributable, wholly or
mainly, to the fact the employee’s position is, or will become superfluous to the
needs of the employer.
7.2
The employer is committed to utilising its employees, who are its major
resource, to the best advantage and shall consider all reasonable
alternatives to redundancy, eg reduced hours, appointment to a lower
position, transfer to another type of position.
7.3
In the event of redundancy an employee shall be given the following notice
of termination of employment;
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(a)
Up to the completion of 5 years
continuous service
4 weeks
(b)
5 years and over continuous service
5 weeks
(c)
In addition, employees over forty-five years of age at the time of the
giving of the notice, with no less than two years continuous service,
shall be entitled to an additional week’s notice.
7.4
Payment in lieu of notice shall be made if the appropriate notice period is
not given. Provided that employment may be terminated by part of the
period of notice specified and part payment in lieu thereof.
7.5
In addition to the period of notice, the employee shall be entitled to the
following redundancy payments;
Period of Continuous Service
Redundancy Pay
Less than 1 year
1 year but less than 2 years
2 years but less than 3 years
3 years but less than 4 years
4 years but less than 5 years
5 years but less than 6 years
6 years but less than 10 years
Nil
Thereafter
2 weeks additional
pay for each additional
year of service.
1 week
3 weeks
5 weeks
7 weeks
9 weeks
1 weeks additional
pay for each additional
year of service
Provided that the maximum redundancy payment under this clause shall not
exceed 45 weeks salary.
7.6
For the purpose of this clause continuity of service shall not be broken on
account of:
(a)
any absence from work on account of personal sickness or accident
for which an employee is entitled to claim sick pay as prescribed by
the Award, or on account of leave lawfully granted by the employer;
or
(b)
any absence on approved leave without pay.
Provided that in the calculation of continuous service under this subclause any
time in respect of which an employee is absent from work, except time for which
8
an employee is entitled to claim annual leave, sick pay, long service leave, public
holidays or other paid days off as prescribed by the Agreement, shall not count as
time worked.
7.7
All compensation and other payments made pursuant to this clause shall be
calculated at the employee’s ordinary weekly hours (excluding overtime) as
at the date notice or redundancy is given.
7.8
If requested by the employee, the employer shall provide at the employer’s
expense, professional out placement advice.
7.9
During the period of notice of termination of employment, an employee
whose employment is to be terminated by reason of redundancy, shall, for
the purpose of being interviewed for further employment, be entitled to be
absent from work for a maximum of eight ordinary hours without deduction
of pay. The employer is entitled to reasonable proof that the employee has
sought the leave for this purpose.
7.10
This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, casual employees,
or employees engaged for a specific period of time or for a specified task or
tasks.
8. - AVOIDANCE AND RESOLUTION OF INDUSTRIAL
DISPUTES, QUESTIONS AND DIFFICULTIES
Any disputes, questions or difficulties arising under this Agreement shall be settled
in accordance with the procedures outlined in Clause 34 - Dispute Settlement
Procedures of the Award.
9. - SALARY RATES
9.1
The salary rates applicable to staff under this Agreement are set out in Schedule A
hereof, and reflect the variations hereunder to apply to salaries during the life of
the Agreement:1% from the 1st July 2003 - (In addition to the 2003 State Wage arbitrated Safety
net adjustment)
3% from the 1 July 2004
4% from the 1st July 2005
9.2
Except as indicated in 9.1, the salary rates in this Agreement shall not be subject
to adjustment as a consequence of state or national wage safety net adjustments
during the life of the Agreement.
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9.2
An employee shall be appointed to a classification and subject to the performance
appraisal requirements referred to in point 4. of Schedule C of the Award, shall
continue to receive increments applicable to that classification.
10. – SALARY / REMUNERATION PACKAGING
10.1
This clause shall be read in conjunction with the other provisions of this Agreement
and the Award but the provisions of this clause, to the extent that they deal with
entitlements under the Award will prevail over and apply in lieu of the relevant
provisions of the Award.
10.2
The employer has introduced an optional salary / remuneration packaging
scheme for employees, as detailed in the employer’s salary packaging policy. An
employee, other than a casual employee, may choose to take her/his remuneration
as cash salary or a mix of cash salary and expense payments. An employee who
chooses not to participate in salary packaging will be paid in accordance with the
salary scale in Schedule A.
10.3
Up to a maximum of $30,000 (grossed up), or 50% of salary whichever is
the lesser amount, of an employee’s ordinary time earnings may be packaged, in
accordance with the employer’s salary packaging policy. The employer or the
bureau contracted to administer the scheme, may charge the employees a
reasonable fee to participate in salary packaging.
10.4
The terms and conditions of such a package shall not, when viewed objectively, be
less favourable than the entitlements otherwise available under the Award and
shall be subject to the following provisions :10.4.1 The employer shall ensure the structure of any agreed package complies
with taxation and other relevant laws.
10.4.2 The employer shall confirm in writing to the employee the classification level
and current salary payable as applicable to that employee under Schedule A
of this Agreement.
10.4.3 The employer shall advise the employee, in writing, that award conditions,
other than the salary and benefits (including any negotiated salary
allowable), or those varied by this Agreement, shall continue to apply.
10.4.4 The employee shall advise the employer, in writing, that the agreed cash
component is adequate for his/her ongoing living expenses.
10.4.5 Where undue pressure or duress is placed on a party to enter into such a
package it will be open to either party to seek relief in accordance with
Clause 8 of this Agreement.
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10.5
The packaging agreement for individual employees, the terms and conditions of
which shall be in writing and signed by both the employer and employee, shall
detail the components of the total remuneration package for the purpose of this
Agreement and for the purpose of time and wages records.
10.6
A copy of the packaging agreement shall be made available to the employee.
10.7
The salary package may be terminated by the employee giving at least 28 days
notice in writing. Where the full amount allocated to salary packaging has not
been utilised it shall be paid as salary subject to the usual taxation requirements.
10.8
Where an employee has withdrawn from the salary packaging arrangement due to fundamental
changes in his/her personal circumstances the employer shall pay the remainder of any fee owing
by that individual to the bureau contracted to administer the scheme.
10.9
An employee, who wishes to take up packaging, having previously taken up that benefit and
withdrawn from it, may only be entitled to do so on giving satisfactory reasons to the employer and
be responsible for any costs associated with re –establishing of the packaging arrangements.
10.10 An employee, who has previously declined to take up packaging, may, by giving
the employer reasonable notice, take up the benefit at any time.
10.11 Subject to the packaging limits referred to herein, where at the end of the financial
year the full amount allocated to a specific benefit has not been utilised, by
agreement between the employer and the employee, any unused amount may be
carried forward to the next financial year to be utilised by 30 September, or be paid
as salary as at the end of the financial year, which will be subject to usual taxation
requirements.
10.12 In the event that changes in legislation, Income Tax Assessment Act
determinations or Rulings, particularly in respect of the Employer’s fringe benefits
tax exempt status, remove the employer's capacity to maintain the salary
packaging arrangements offered to employees under this Agreement, the
employer shall be entitled to withdraw from the salary packaging arrangements by
giving notice to each affected employee three months prior to the withdrawal taking
place or notice to have effect from a date not later than the date any change in the
legislation is to have effect.
10.13 Should the employer change the salary packaging policy, the Union and the
employees shall be advised of such changes.
10.14 The employer shall as soon as practicable after being advised of the legislative
change referred to in 10.12 hereof, advise the Union and employees and shall
convene a meeting of the parties with a view to reaching an alternative agreement
on salaries and salary benefits.
10.15 In the event of the employer withdrawing from the salary packaging arrangements,
the employees will re Association for the Blind of Western Australia Salaried Officers’
11
Enterprise Agreement 2003 vert to a salary not less than that applicable to the
employee’s classification under Schedule A hereof.
11. – SUPERANNUATION
11.1
The employer shall contribute on behalf of the employee in accordance with the
requirements of the Superannuation Guarantee (Administration) Act 1992. For the
purposes of this Agreement, employer contributions shall be based on the
employee’s gross salary (or pre salary packaged) rate.
11.2
The employee shall be entitled to nominate the complying superannuation fund
or scheme to which contributions may be made by or in respect of the employee.
11.3
The employer shall notify the employee of his / her entitlement to nominate a
complying superannuation fund or scheme.
11.4
The employee and the employer shall be bound by the nomination of the
employee unless the employee and the employer agree to change the complying
superannuation fund or scheme to which contributions are to be made.
11.5
The employer shall not unreasonably refuse to agree to a change of complying
superannuation fund or scheme requested by an employee.
11.6
Contributions to the nominated fund shall be paid monthly.
11.7
Contributions shall continue to be paid on behalf of an employee in receipt of
payments under the Workers Compensation and Rehabilitation Act 1981.
11.8
Salary Sacrifice
11.8.1 An employee may elect in writing to receive a superannuation benefit in lieu
of part of the salary to which he/she is otherwise entitled under this Agreement.
11.8.2 The salary sacrifice arrangement shall remain in force until terminated by mutual
agreement or by either the employer or the employee providing one calendar months
notice of intention to terminate the arrangement.
12. - NO PRECEDENT
This Agreement is applicable only to the parties named herein and it shall not be used in
any manner whatsoever to obtain similar arrangements or benefits in any other plant or
enterprise.
13. - PERIOD OF OPERATION AND RENEWAL
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13.1
This Agreement shall apply for a period from the date of registration of this
Agreement by the Western Australian Industrial Relations Commission to 30 June
2006.
13.2
The parties agree that negotiations for a further Agreement shall commence at
least three months prior to its expiry.
13.3
The parties to this Agreement acknowledge that on the expiry of this Agreement, if
a subsequent Agreement has not been reached or finalised at that date, the
conditions herein shall remain in force, at which time if an Agreement has not been
achieved, either party has the right to retire from this Agreement.
14. - NO EXTRA CLAIMS
There shall be no extra salary claims for the life of this Agreement. Provided that the parties shall review
the Agreement should the total wage prescribed by this Agreement for any classification fall below the
relevant wage rate stipulated in the Award. Any review shall be conducted in accordance with the State
Wage Fixing Principles in operation at that time.
15. - NUMBER OF EMPLOYEES
There are an estimated 90 employees covered by the provisions of this Agreement as at
the date of registration.
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SIGNATORIES TO AGREEMENT
For and on Behalf of
Association for the Blind of Western Australia Inc.
Signed
7.10.03
_____________________
Chief Executive Officer
Margaret Crowley
Date
Hospital Salaried Officers Association of
Western Australia (Union of Workers)
Signed and Common Seal
President
10-10-03
_____________________
Date
Keith Trayner
Signed and Common Seal
09/10/03
_____________________
Date
Secretary Dan Hill
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SCHEDULE A – SALARY RATES
(1)
Salary Rates:
Level
Effective
01 July 03
Effective
01 July 04
Under 17 years
17 years of age
18 years of age
19 years of age
20 years of age
13885
16213
18928
21909
24602
14302
16702
19496
22566
25340
14874
17370
20276
23469
26354
21 years of age 1st year of
service
22 years of age 2nd year of
service
23 years of age 3rd year of
service
24 years of age 4th year of
service
27027
27687
28344
29104
27838
28518
29194
29977
28952
29659
30362
31176
2
29762
30419
31070
31594
32366
30655
31332
32003
32542
33337
31881
32585
33283
33844
34670
3
33280
34110
34902
36163
34278
35133
35949
37248
35649
36538
37387
38738
4
36828
37814
38832
40174
37929
38948
39997
41379
39446
40506
41597
43034
5
40927
41962
43028
44124
42155
43221
44319
45448
43841
44950
46092
47266
6
46236
47803
50029
47623
49237
51530
49528
51206
53591
1
15
Effective
01 July 05
7
51221
52731
54295
52758
54313
55924
54868
56486
58161
8
56580
58454
58277
60208
60608
62616
9
61289
63261
63128
65159
65653
67765
10
65421
68894
67384
70961
70079
73799
11
71668
74489
73818
76724
76771
79793
12
78357
80970
83950
80708
83399
86469
83936
86735
89928
(a)
An employee, who is 21 years of age or older on appointment to a classification
equivalent to Level 1, may be appointed to the minimum rate of pay based on years of
service, not on age.
(b)
A Medical Typist or Medical Secretary shall be paid a medical terminology allowance of
$1000.00 per annum.
For the purposes of this subclause "Medical Typist" and "Medical Secretary" shall mean those
workers classified on a classification equivalent to Level 1, 2 or 3 who spend at least 50% of their
time typing from tapes, shorthand and/or Doctor's notes of case histories, summaries, reports or
similar material involving a broad range of medical terminology.
(2)
Salaries - Specified Callings and Other Professionals
(a)
Level
Employees, who possess a relevant tertiary level qualifications, or
equivalent as agreed between the Union and the employers, and who are
employed in the callings of Architect, Audiologist, Bio Engineer, Chemist,
Dietitian, Engineer, Medical Scientist, Librarian, Occupational Therapist,
Orthoptist, Physiotherapist, Physicist, Pharmacist, Clinical Psychologist,
Psychologist, Research Officer, Scientific Officer, Social Worker, Speech
Pathologist, Podiatrist, Medical Imaging Technologist, Nuclear Medicine
Technologist, Radiation Therapist, or any other professional calling as
agreed between the Union and employers, shall be entitled to Annual
Salaries as follows:
Effective
01 July 03
16
Effective
01 July 04
Effective
01 July 05
3/5
33280
34902
36824
38832
41962
44124
34278
35949
37929
39997
43221
45448
35649
37387
39446
41597
44950
47226
6
46236
47803
50029
47623
49237
51530
49052
51206
53591
7
51221
52731
54295
52758
54313
55924
54868
56486
58161
8
56580
58454
58277
60208
60608
62616
9
61289
63261
63128
65159
65653
67765
10
65421
68894
67384
70961
70079
73799
11
71668
74489
73818
76724
76771
79793
12
78357
80970
83950
80708
83399
86469
83936
86735
89928
(b)
Subject to paragraph (d) of this subclause, on appointment or promotion to
the Level 3/5 under this subclause:
(i)
Employees, who have completed an approved three academic year
tertiary qualification, relevant to their calling, shall commence at the
first year increment;
(ii)
Employees, who have completed an approved four academic year
tertiary qualification, relevant to their calling, shall commence at the
second year increment;
(iii)
Employees, who have completed an approved Masters or PhD
Degree relevant to their calling shall commence on the third year
increment;
Provided that employees who attain a higher tertiary level qualification after
appointment shall not be entitled to any advanced progression through the
range.
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(3)
(c)
The employer and union shall be responsible for determining the relevant
acceptable qualifications for appointment for the callings covered by this
subclause and shall maintain a manual setting out such qualifications.
(d)
The employer in allocating levels pursuant to subclause (2) of this Schedule
may determine a commencing salary above Level 3/5 for a particular
calling/s.
Annual salary increments shall be subject to the employee’s satisfactory
performance over the preceding twelve months which shall be assessed according
to an agreed form of performance appraisal.
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