[2017] FWCA 6716

DECISIONFair Work Act 2009s.185—Enterprise agreement

San Carlo Homes for the Aged Pty Ltd T/A San Carlo Homes for the Aged(AG2017/5371)

SAN CARLO HOMES FOR THE AGED ENTERPRISE AGREEMENT 2017

Health and welfare services

COMMISSIONER CRIBB MELBOURNE, 15 DECEMBER 2017

Application for approval of the San Carlo Homes for the Aged Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the San Carlo Homes for the Aged Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Carlo Homes for the Aged Pty Ltd T/A San Carlo Homes for the Aged. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia (HSU) and Australian Nursing and Midwifery Federation (ANMF), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their respective organisations. In accordance with s.201(2) of the Act I note that the Agreement covers both of these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

<Price code J, AE426538 PR598708>

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SAN CARLO HOMES FOR THE AGED

ENTERPRISE AGREEMENT

2017

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ContentsPART 1 – PRELIMINARIES........................................................................................................................................4

1. INTRODUCTION................................................................................................................................................4

2. TITLE OF THE AGREEMENT...............................................................................................................................4

3. PARTIES BOUND BY THE AGREEMENT.............................................................................................................4

4. COMMENCEMENT DATE FOR THE AGREEMENT..............................................................................................4

5. PROPOSED DATE FOR EXPIRY...........................................................................................................................4

6. ACKNOWLEDGEMENT OF COMPLETE AGREEMENT.........................................................................................4

7. RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS..............................................................................4

8. DEFINITIONS.....................................................................................................................................................5

9. AGREEMENT FLEXIBILITY..................................................................................................................................6

10. AVAILABILITY OF THE AGREEMENT..................................................................................................................7

PART 2 – EMPLOYEE ENGAGEMENT........................................................................................................................7

11. TYPES OF EMPLOYMENT..................................................................................................................................7

12. CLASSIFICATION...............................................................................................................................................8

13. NATIONAL CRIMINAL HISTORY RECORD CHECK...............................................................................................9

14. HOURS OF WORK.............................................................................................................................................9

15. ROSTERING.....................................................................................................................................................10

16. OVERTIME......................................................................................................................................................11

17. BREAKS...........................................................................................................................................................11

18. SHIFT WORK AND WEEKEND WORK...............................................................................................................12

19. PUBLIC HOLIDAYS...........................................................................................................................................13

20. PAY AND PAYMENT........................................................................................................................................14

21. SALARY PACKAGING.......................................................................................................................................15

22. SUPERANNUATION.........................................................................................................................................16

23. ACCIDENT MAKE-UP PAY................................................................................................................................17

24. ALLOWANCES.................................................................................................................................................17

25. HIGHER DUTIES..............................................................................................................................................19

PART 3 – LEAVE.....................................................................................................................................................19

26. ANNUAL LEAVE..............................................................................................................................................19

27. PERSONAL/CARERS LEAVE.............................................................................................................................22

28. COMPASSIONATE LEAVE................................................................................................................................24

29. COMMUNITY SERVICE LEAVE.........................................................................................................................25

30. FAMILY VIOLENCE LEAVE...............................................................................................................................26

31. PARENTAL LEAVE...........................................................................................................................................27

32. LONG SERVICE LEAVE.....................................................................................................................................28

33. LEAVE WITHOUT PAY.....................................................................................................................................31

34. REPRESENTATIVE LEAVE.................................................................................................................................31

PART 4 – OTHER MATTERS....................................................................................................................................32

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35. PROBATIONARY PERIOD.................................................................................................................................32

36. SHORT TERM REDEPLOYMENT.......................................................................................................................32

37. TERMINATION OF EMPLOYMENT...................................................................................................................32

38. REDUNDANCY................................................................................................................................................33

39. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE.........................................................................34

40. WORKLOAD MANAGEMENT..........................................................................................................................36

41. LABOUR FLEXIBILITY AND MULTI-SKILLING....................................................................................................36

42. ONGOING TRAINING AND DEVELOPMENT.....................................................................................................36

43. FIT FOR WORK................................................................................................................................................37

44. CAREER DEVELOPMENT.................................................................................................................................38

45. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS...................................................................................39

46. AGREEMENT IMPLEMENTATION....................................................................................................................40

47. UNION NOTICE BOARD...................................................................................................................................40

48. DISCIPLINARY PROCEDURES...........................................................................................................................40

49. GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES..................................................................................41

SCHEDULE A – CLASSIFICATION STRUCTURE.................................................................................................................49

SCHEDULE B – TRANSITION TABLE................................................................................................................................57

SCHEDULE C – WAGE RATE SCHEDULE..........................................................................................................................59

SCHEDULE D – ALLOWANCES........................................................................................................................................61

SCHEDULE E – SUPPORTED WAGE SYSTEM (SWS).........................................................................................................62

SCHEDULE F – NATIONAL TRAINING WAGE NON-NURSING STAFF...............................................................................64

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PART 1 – PRELIMINARIES1. INTRODUCTION1.1 This agreement is made under Section 172 of the Fair Work Act 2009 and has been negotiated using an

Interest-Based Bargaining Approach facilitated by the Fair Work Commission.

a) San Carlo Homes for the Aged will take the necessary steps to seek approval of this Agreement under Section 186 of the Act.

b) San Carlo Homes for the Aged will formally advise the Unions when the Agreement is made in order for the Unions to apply under Section 183 of the Fair Work Act 2009 to be covered by the Agreement.

2. TITLE OF THE AGREEMENT2.1 This Agreement shall be known as the San Carlo Homes for the Aged Enterprise Agreement 2017 and

throughout is referred to as “the Agreement”.

3. PARTIES BOUND BY THE AGREEMENT3.1 This Agreement shall be binding according to its terms upon the following:

a) San Carlo Homes for the Aged, hereafter known as “San Carlo”;

b) Health Services Union (“the HSU”);

c) Australian Nursing and Midwifery Federation (“the ANMF”); and

d) all those employees of San Carlo performing work within the classifications contained in this agreement.

4. COMMENCEMENT DATE FOR THE AGREEMENT4.1 This Agreement will commence seven (7) days after the date of approval by the Fair Work Commission.

5. PROPOSED DATE FOR EXPIRY5.1 This Agreement shall have a nominal expiry date of 30 June 2021. The parties agree that negotiations for the

replacement of this agreement will commence four (4) months prior with an expectation that the first of any pay increases would apply from the first full pay period on or after 1 July 2021.

6. ACKNOWLEDGEMENT OF COMPLETE AGREEMENT6.1 Other that individual flexibility agreements reached in accordance with Clause 9 – Agreement Flexibility, this

Agreement is intended to cover all matters pertaining to the employment relationship. In this regard, it represents a complete statement of the mutual rights and obligations between San Carlo and its employees to the exclusion (to the extent permitted by law) of other laws, awards, agreements (whether registered or unregistered), custom and practice and like instruments or arrangements.

6.2 Notwithstanding Clause 6.1, the NES will prevail over the content of this Agreement, to the extent of any inconsistency or omission.

6.3 No employee will suffer any loss or diminution of entitlements (whether accrued of otherwise) of terms and conditions of employment in place immediately prior to the commencement of this Agreement by reason only of the coming into force of the agreement (excluding usual organisational change).

7. RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS7.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the

employees who are the subject of this Agreement. Any provisions of the NES that are also referred to or set out in this Agreement are for the convenience of the parties.

7.2 Where the NES provides, or is varied to provide, a condition or entitlement more favourable (to the employee) in a particular respect than that set out in this Agreement, the condition or entitlement set out in

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this Agreement shall be overridden to the extent that it is less favourable than the NES.

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7.3 Where after the commencement of this Agreement, the NES is varied to remove a condition or entitlement referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall have no effect.

7.4 Where after the commencement of this Agreement, the NES is varied to provide a condition or entitlement less favourable (to the employee) which is referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall apply.

8. DEFINITIONS8.1 Where a term of this Agreement has a corresponding definition in the Fair Work Act, the Regulations or the

National Employment Standards (NES), the definition in the Act, the Regulations or the NES shall apply. Any such terms that are also defined in this Agreement are defined for the convenience only of the parties and shall be overridden to the extent of any inconsistency with the definition found in the Act, the Regulations or the NES.

8.2 For the purposes of this Agreement:

Act means the Fair Work Act 2009 (as amended from time to time).

Appropriate agreement rate means the employee’s base rate plus additional remuneration by way of qualifications allowances and seniors allowance, shift allowances and Saturday and Sunday penalty rates, overtime payments, special rates or other similar regular payments.

Base rate of pay means a rate of pay for a period worked that does not include incentive-based payments and bonuses, loadings, monetary allowances, penalty rates or any other similar separately identifiable entitlements.

AHPRA means the Australian Health Practitioner Regulation Authority.

Day Worker means an employee who works between 6:30am to 6:00pm Monday to Friday.

De facto partner means:

a) a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same or different sexes); and

b) includes a former de facto partner of the employee.

Employment Classifications mean those set out in Schedule A to this Agreement and shall apply as if they had been reproduced in full within the clause.

Employee Representative means a colleague or a trusted friend, a union delegate or official.

FWC means the Fair Work Commission.

Immediate Family means:

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

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

NES means the National Employment Standards as amended from time to time.

Ordinary Pay includes the base rate of pay and any applicable over-agreement payments for ordinary hours of work. It does not include shift or weekend penalties.

Reasonable Belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities.

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Registered Health Practitioner means a health practitioner registered, or licenced with AHPRA who has the capacity to certify absences due to illness or injury.

Regulations means the regulations associated with the Fair Work Act 2009 (as amended from time to time).

Shift Worker means an employee who is not a day worker.

Union or Unions means Health Services Union and Australian Nursing and Midwifery Federation (VIC Branch).

9. AGREEMENT FLEXIBILITY9.1 San Carlo and the employee/s covered by this enterprise agreement may agree to make an individual

flexibility arrangement to vary the effect of terms of the agreement if:

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

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(iv) allowances;

(v) leave loading; and

b) the arrangement meets the genuine needs of San Carlo and the employee in relation to one or more of the matters mentioned in paragraph (a); and

c) the arrangement is genuinely agreed to by San Carlo and the employee.

9.2 San Carlo must ensure that the terms of the individual flexibility arrangement:

a) are about permitted matters under Section 172 of the Fair Work Act 2009;

b) are not unlawful terms under Section 194 of the Fair Work Act 2009; and

c) result in the employee being better off overall than the employee would be if no arrangement was made.

9.3 San Carlo must ensure that the individual flexibility arrangement:

a) is in writing;

b) includes the name of the employer (San Carlo) and the employee;

c) is signed by San Carlo and the 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 arrangement;

(ii) how the arrangement will vary the effect of the terms;

(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

(iv) states the day on which the arrangement commences.

9.4 San Carlo must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

9.5 San Carlo or the employee may terminate the individual flexibility arrangement:

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a) by giving no more than 28 days written notice to the other party to the arrangement; or

b) if San Carlo and the employee agree in writing – at any time.

10. AVAILABILITY OF THE AGREEMENT10.1 San Carlo will ensure that copies of this Agreement and the NES are available to all employees to whom they

apply either on a Notice Board (including the union noticeboard) which is conveniently located at or near the workplace or through electronic means, whichever makes the documents more accessible.

PART 2 – EMPLOYEE ENGAGEMENT11. TYPES OF EMPLOYMENT11.1 Employees under this Agreement will be employed in one of the following categories:

a) full-time;

b) part-time; or

c) casual.

11.2 At the time of engagement San Carlo will inform each employee whether they are employed on a full-time, part-time or casual basis. San Carlo may direct an employee to carry out such duties that are within the limits of the employee’s skill, competency and training, consistent with the respective classification.

11.3 Full-time Employment

A full-time employee is one who is engaged to work an average of 38 hours per week.

11.4 Part-time Employment

a) A part-time employee is an employee who is engaged to work less than an average of 38 ordinary hours per week and whose hours are reasonably predictable.

b) Before commencing part-time employment, San Carlo and the employee will agree in writing the guaranteed number of hours to be worked and the rostering arrangements which will apply to those hours. An employee may work additional hours at ordinary rates, unless the provisions of Clause 16 apply.

c) The terms of agreement made according to Sub-Clause 11.4(b) may be varied by agreement and recorded in writing.

d) The terms of this Agreement will apply on a pro-rata basis to part-time employees on the basis that the ordinary weekly hours for full -time employees are 38.

e) At the written request of an employee, the hours worked by the employee will be reviewed annually. Where the employee is regularly working more than their specified contract hours then such contract hours shall be adjusted by San Carlo, to reflect the hours regularly worked. The hours worked in the following circumstances will not be incorporated in the adjustment:

(i) if the increase in hours is as a direct result of an employee being absent on leave, such as for example, annual leave, long service leave, maternity leave, workers compensation;

(ii) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of a resident or client;

(iii) if the increase in hours is not sustainable because of the operational needs of the business;

(iv) any adjusted contracted hours resulting from a review, should, readily reflect roster cycles and shift configurations utilised at San Carlo.

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11.5 Fixed Term Employment / Temporary Employment

Full-time and Permanent Part-time employees can be engaged for fixed periods under Fixed Term or Temporary basis in the following situations:

i) to provide replacement for permanent employees taking but not limited to Parental Leave, Long Service Leave, Annual Leave, extended Sick Leave, Work Cover Leave and any other approved leave with or without pay; or

ii) to undertake specific projects

11.6 Casual Employment

a) A casual employee is an employee engaged on an hourly basis. A casual employee is engaged in relieving work or work of a casual nature and does not include an employee who could be properly classified as a full-time or part-time employee.

b) A casual employee will be paid the hourly rate specified for their classification in Schedule C, which is equal to the equivalent hourly rate plus a casual loading of 25%.

c) A casual employee will be paid a minimum of two (2) hours pay for each engagement.

d) Where a casual employee has been rostered on a regular and systematic basis over 26 weeks, (provided that the rostering pattern has not resulted from coverage for extended absences such as Parental Leave, Long Service Leave, Workers Compensation Leave and extended Sick Leave), either San Carlo or the Employee has the right to request in writing the conversion to permanent employment and that request will not be unreasonably refused by either party.

e) Where it is expressly stated in this Agreement that overtime, weekend payments and public holiday payments are to be made to casual employees, such payments shall be taken to be inclusive of and not in addition to the casual loading referred to in this sub-clause.

f) For overtime, weekend and public holiday work, casual employees are entitled to the penalty rates prescribed in Clause 16 – Overtime, Clause 18 – Shift Work and Weekend Work and Clause 19 – Public Holidays. Such payments are taken to be inclusive of and not in addition to the casual loading referred to in Sub-Clause 20.2(a).

g) A casual employee will be paid shift allowances calculated on the ordinary pay excluding the casual loading with the casual loading component then added to the penalty rate of pay.

h) All clauses relating to paid leave (other than Long Service Leave) do not apply to casual employees.

12. CLASSIFICATION12.1 All employees covered by this Agreement will be classified according to the structure and definitions set out

in Schedule A – Classification Structure.

12.2 Translation to New Structure

a) Existing San Carlo employees will have their positions translated to the new classification structure in accordance with the Translation Table outlined in Schedule B at a pay level that ensures that they are not disadvantaged. Progression from this level will be subject to the provisions outlined in Clause 12.3.

b) Where an employee’s current pay rate is not identified in the translation table the employee will translate to the appropriate pay level and maintain the current pay rate differential.

b) New positions created at San Carlo will be translated into the appropriate level within the structure prior to advertising. New employees, upon commencement, will be immediately appointed to this level.

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12.3 Incremental Progression

a) For employees working at the relevant entry levels for each stream progression beyond the entry level will be based upon the criteria established in the classification structure.

b) Incremental progression is subject to meeting the requirements of the position descriptors and based on satisfactory performance in the previous year in accordance with the Performance Management Program (”PMP”).

c) All employees will participate in San Carlo’s PMP. In cases where a PMP review is delayed, the anniversary date shall not be changed and any increase in salary will be paid retrospectively to the anniversary date. Movement to the next highest salary point will be effective from the employee’s anniversary date.

d) An employee who has been on leave without pay in excess of three months, in aggregate, in a 12- month period, shall have the review delayed by the period of absence. Any resultant increase shall also be delayed by the period of absence. The delay will alter the employee’s anniversary date with respect to this subclause.

e) Employees will progress annually, subject to satisfactory performance in the PMP review process, to the next incremental point within the band range of their level of appointment, until the top salary point is reached.

f) Where San Carlo is not satisfied that an employee’s performance has met the requirements for the award of an increment the employee shall be informed of specifically how they have failed to meet the key criteria. The employee will be given an opportunity to raise mitigating circumstances or ongoing professional development of which San Carlo might be unaware. After considering any response from the employee, San Carlo shall make a recommendation to defer or deny an increment if they consider that the employee has still not met the requirements for an incremental increase. Any recommendation shall include reasons and be provided in writing to the employee.

g) The recommendation by San Carlo to deny or defer an increment must be made, where practicable, no less than three (3) months prior to the end of the relevant incremental period.

13. NATIONAL CRIMINAL HISTORY RECORD CHECK13.1 Operators of aged care services are required to ensure staff, contractors and volunteers who have, or are

reasonably likely to have, access to care recipients undergo a National Criminal History Record Check, commonly known as a Police Check.

13.2 Employees will be required to have a current Police Check before commencing employment and for the duration of their employment.

13.3 The cost of the Police Check will be the responsibility of the employee.

14. HOURS OF WORK14.1 Arrangement of Hours

a) The ordinary hours of work for a full-time employee, exclusive of meal times, will be an average of 38 hours per week.

b) The hours of work prescribed in subclause 14.1(a) may be arranged as follows:

(i) 76 hours per fortnight; or

(ii) as otherwise agreed in writing between San Carlo and the employee in accordance with the provisions outlined in Clause 9 - Agreement Flexibility.

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c) Each employee (excluding casuals) shall be entitled to not less than four (4) full days in each fortnight free from duty, or by agreement, two full days in each week free from duty (rostered days off), and every effort shall be made for such rostered days off to be consecutive, unless otherwise agreed.

d) Each shift shall consist of no more than ten (10) hours of work at ordinary time (not including paid breaks) provided that an employee shall not work more than seven (7) consecutive shifts unless the employee so requests and San Carlo agrees.

e) Except for meal breaks all time from the commencement to the cessation of duty on each shift shall count as working time.

f) San Carlo will ensure there is provision for handover between Supervisory and Clinical staff at the commencement of each shift to inform of any changes to a resident health status.

15. ROSTERING15.1 Employees shall work in accordance with a fortnightly or four weekly roster set by San Carlo.

15.2 San Carlo shall publish the roster, in a place accessible to employees in either hard copy or electronically, detailing the ordinary hours of work and starting and finishing times for each permanent employee.

15.3 A roster may be altered at any time to enable the services of San Carlo to be carried on where another employee is absent from duty on account of illness or in an emergency. Where such alteration involves an employee working on a day which would have been his or her rostered day off, such employee may elect to be paid at overtime rates or have a day off in lieu which shall be mutually arranged.

15.4 Sub-clause 15.3 shall not apply where the only change to the roster of a part-time employee is the mutually agreed addition of extra hours to be worked such that the part-time employee still has four (4) rostered days off in that fortnight, as the case may be.

15.5 In exceptional circumstances San Carlo may require an employee to change their rostered shift. Where such a change is required without seven days’ notice an allowance equivalent to the PM shift allowance will be paid for the shift.

15.6 A standard roster for each fortnight (or four (4) weeks) will be published two (2) weeks prior to the commencement of the roster. Staff can request changes to this roster up to one (1) week prior to the commencement of the roster. After this date management will amend the roster to ensure all shifts are filled. Management will use its best endeavours to accommodate staff preferences. However, it is recognised that in order to fill vacancies and ensure an appropriate skill mix on any roster an employee may be allocated a shift that is not their preferred shift.

15.7 The principles which will inform the rostering allocations are as follows:

a) no-one, as a right, has a fixed roster. Rostering preferences will be accommodated as far as possible, consistent with filling the roster in accordance with experience and skill mix requirements. Employees will be obligated to comply with rostering requirements. Management will consider employee requests to not fill the shift on a case by case basis.

b) a skill mix of Registered Nurses, Enrolled Nurses and Carers appropriate to meet the needs of resident care.

c) as far as possible the same staff will be allocated to the same residents to ensure continuity of care.

d) considerations will be made to avoid fatigue and generally staff will not be rostered for not more than six (6) consecutive shifts or more than 50 hours per week.

15.8 Part-time and casual staff who wish to work additional hours must advise San Carlo of their availability on a fortnightly basis, so these employees can be contacted as a priority to fill available hours.

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16. OVERTIME16.1 Overtime is paid in the following circumstances:

a) where an employee works in excess of the standard rostered full-time shift length (usually 7.6 hours on AM and PM shift and 9.5 hours on night shift); or

b) where an employee works in excess of 76 hours per fortnight; or

c) where an employee is deprived of part of their break between shifts as required by Clause 17.3.

16.2 Only overtime authorised by the designated manager shall be paid and this overtime will be paid at the base rate of pay in accordance with the following:

Monday to Friday Overtime shall be paid at time and one half up to two hours each day and thereafterdouble time

Saturday orSunday

Overtime shall be paid at double time

Public Holidays Overtime shall be paid at double time and one half

Overtime rates under this clause will be in substitution for and not cumulative upon the shift and weekend penalties prescribed in Clause 18 – Shift Work and Weekend Work and the casual loading in Clause 22.2(a).

16.3 For the purposes of assessing overtime, each day shall stand alone, provided that where any period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

16.4 In lieu of receiving payment for overtime in accordance with this clause, employees may be compensated by way of time off in lieu of overtime on the following basis:

a) Time off in lieu of overtime is taken on the basis of hour for hour at overtime rates (for example, if the applicable overtime payment was time and one half the Employee must take one hour and a half off work). This time in lieu must be taken within 28 days of it being accrued at a mutually agreed time.

b) Where it is not possible for an employee to take the time off in lieu of overtime within the 28-day period, it is to be paid out at the appropriate overtime rate based on the rates of pay applying at the time payment is made.

c) Employees cannot be compelled to take time off in lieu of overtime and San Carlo cannot be compelled to agree to provide the employee with time off in lieu of overtime.

d) San Carlo will maintain records of all time in lieu of overtime owing and taken by employees.

e) Where no election is made the employee shall be paid overtime rates in accordance with this Agreement.

17. BREAKS17.1 Tea Breaks

a) Two separate fifteen-minute tea breaks (in addition to meal breaks) shall be allowed to each employee on duty during each ordinary shift of 7.6 hours or more.

b) Where less than 7.6 ordinary hours are worked, employees shall be allowed one fifteen-minute tea break in each four-hour period or part thereof greater than one hour.

c) Tea breaks will count as time worked.

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17.2 Meal Breaks

a) Employees engaged for shifts longer than six hours, shall be entitled to an unpaid meal break of 30 minutes. Provided that at the request of the Employee, and with the agreement of San Carlo, where shifts of six (6) hours or less duration are worked, an Employee may, in lieu of meal break and crib time provisions, either:

finish the shift 30 minutes earlier; or work and be paid for the six hours (or lesser duration)

17.3 Rest Breaks between Rostered Work

An employee must receive the following breaks between shifts:

a) eight (8) hours between ordinary rostered shifts and/or where reasonable additional hours are worked which are not overtime hours; and

b) ten (10) consecutive hours where overtime is worked before the commencement of the next ordinary shift provided that:

i) if on the instructions of San Carlo the employee resumes or continues work without having ten (10) consecutive hours off duty the employee will be paid at 200% of their base rate of pay until they are released from duty for the rest period. The employee will then be entitled to be absent for the ten (10) hours and be paid for any rostered ordinary hours during that break.

ii) in the event that the employee finishes any period of overtime where any reasonable means of transport is not available to return home San Carlo will pay for adequate transport to the employee’s home.

18. SHIFT WORK AND WEEKEND WORK18.1 Weekday Shift Work

a) Employees shall be paid the following shift penalties, calculated on their ordinary pay, for shifts rostered as follows:

Shift Name Definition Level 1-4 Level 5 Level 6-7Afternoon Shift

Commencing not earlier than 12 noon andfinishing after 6pm on the same day – Monday to Friday

2.5% ofLevel 2.6

2.5% ofLevel 5.1

2.5% ofLevel 6.1

Night Shift Commencing on or after 6:00pm and finishing before 7:30am on the following day– Monday to Friday

5% ofLevel 2.6

5% ofLevel 5.1

5% ofLevel 6.1

b) The provisions of this clause do not apply where an employee commences their ordinary hours of work after 12 noon and completes those hours at or before 6:00pm.

c) The shift penalties prescribed in Clause 18.1(a) will not apply to shift work performed by an employee on Saturday, Sunday or a public holiday where the payments prescribed by Sub-Clauses 18.2(a) and19.8 apply.

d) The loading amounts specified in Sub-Clause 18.1(a) are inclusive of the casual loading for casual employees and as such, no additional loading will be payable for these shifts.

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18.2 Weekend Shift Work

a) Employees whose ordinary working hours include work on a Saturday and/or Sunday, will be paid for ordinary hours worked between midnight on Friday and midnight on Sunday at the rate of:

(i) for Levels 1-4 inclusive - 160% of their base rate of pay; and

(ii) for Levels 5, 6 and 7 - 150% of their base rate of pay;

These extra rates will be in substitution for and not cumulative upon the shift premiums prescribed in Clause 18.1.

b) Any work that exceeds the prescribed rostered hours on Saturday or Sunday shall be paid at double time for the excess period.

c) A casual employee working hours between midnight on Friday and midnight on Sunday shall be paid a loading of 75% of the base rate of pay for the hours worked during this period. This is inclusive of the casual loading and, as such, no additional loading will be payable for these hours.

19. PUBLIC HOLIDAYS19.1 Public holidays are provided for the in the NES. This clause contains additional provisions to those provided

for in the NES.

19.2 The parties acknowledge that San Carlo provide services to its residents 24 hours a day, 7 days a week. In acknowledging this, employees accept in certain positions they may be required to work on a public holiday. This Agreement expressly contemplates that San Carlo will require work on public holidays, or particular public holidays, and the parties acknowledge that the nature of the work performed by the employee, the type of employment (for example, whether full-time, part-time or casual) and the nature of San Carlo’s workplace or enterprise (including its operational requirements) will require work on public holidays, or particular public holidays.

19.3 San Carlo may request any employee who is not normally working on a public holiday to work on a particular public holiday. An employee who, without the consent of San Carlo or without reasonable cause, such as personal/carer’s leave, is absent from work on a public holiday after agreeing to work on a public holiday, is not entitled to any payment for such public holiday.

19.4 The employee may refuse the request (and take the day off) if the employee has reasonable grounds for doing so. In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account:

a) the nature of San Carlo’s workplace as stated in Sub-Clause 19.2, and the nature of the work performed by the employee;

b) the employee’s personal circumstances, including family responsibilities;

c) whether the employee could reasonably expect that San Carlo might request work on the public holiday as outlined in Sub-Clause 19.2;

d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;

e) the type of employment of the employee (for example, whether full-time, part-time, casual or shift- work);

f) the amount of notice in advance of the public holiday given by San Carlo when making the request;

g) in relation to the refusal of a request – the amount of notice in advance of the public holiday given by San Carlo when refusing the request; and

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h) any other relevant matter.

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19.5 For the purposes of this agreement, the following shall be deemed to be the current public holidays:

a) New Year’s Day; Australia Day; Labour Day, Good Friday; Easter Saturday; Easter Sunday; Easter Monday; Anzac Day; Queen’s Birthday; Friday before AFL Grand Final; Melbourne Cup Day; Christmas Day; Boxing Day;

b) any other day, or part-day, declared or prescribed by or under a law of Victoria to be observed within Victoria as a public holiday.

c) where a public holiday is altered by legislation then the amended public holiday will apply in lieu of the day prescribed in Sub-Clause 19.5(a).

19.6 If, under (or in accordance with a procedure under) a law of Victoria, a day or part-day is substituted for a day or part-day that would otherwise be a public holiday because of Sub-Clause 19.5, then the substituted day or part day is the public holiday.

19.7 If a permanent employee works on a public holiday he or she shall be paid:

a) for RNs - 200% of their base rate of pay; and

b) for all other staff - 250% of their base rate of pay

for ordinary time worked on the public holiday, although where the time worked by agreement is less than the rostered shift, the balance of the rostered shift will be paid at ordinary pay.

19.8 If a casual employee works on a public holiday he or she shall be paid 250% of the basic rate of pay. This payment shall be taken to be inclusive of, and not in addition to, the casual loading referred to in Sub-Clause 20.2.

19.9 An employee who, without the consent of San Carlo or without reasonable cause, such as personal/carer’s leave, is absent from the last rostered shift before or the first rostered shift after a public holiday is not entitled to any public holiday penalty rates for work performed on such public holiday.

19.10 All full-time shift workers will receive a day’s ordinary pay for public holidays that occur on their rostered day off except where the public holidays fall on Saturday or Sunday.

19.11 A part-time employee will only be entitled to payment for those public holidays that fall on days they are normally rostered to work. A part-time employee who is rostered off on a public holiday they would normally be rostered to work will be paid their ordinary pay for that day. Where an employee voluntarily advises management that they do not want to be rostered to work on a public holiday they are not entitled to payment for the public holiday rostered off.

20. PAY AND PAYMENT20.1 Full-Time and Part-Time Employees

a) The base rates of pay in the appropriate employment classification for full-time and for part-time employees shall be the hourly rates of pay set out in the table in Schedule C of this Agreement.

b) Full-time employees have the benefit of all the other entitlements set out in this Agreement.

c) Part-time employees have the benefit of all the other entitlements set out in this Agreement on a pro rata basis in the same proportion as their ordinary hours of work bear to full-time hours.

20.2 Casual Employees

The base rates of pay in the appropriate employment classification for casual employees shall be the hourly rates of pay set out in the table in Schedule C to this Agreement. In addition, a casual loading of 25% will be paid.

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20.3 Payment of Wages

a) Wages shall be paid fortnightly.

b) Employees shall have their wages paid by direct deposit or electronic transfer into one account with a bank or other financial institution as nominated by the employee. Wages shall be deposited by San Carlo in sufficient time to ensure that wages are available for withdrawal by employees by the close of business not more than five days following the end of the pay period. Where wages are not available to the employee by such time due to circumstances beyond San Carlo’s control, San Carlo shall not be held accountable for such delay.

c) Where an underpayment occurs due to an error on the part of San Carlo (and such error is not disputed), the underpayment will be rectified as soon as possible.

20.4 Particulars of Wages

Employees shall be provided with a pay slip in electronic form or hard copy which complies with the relevant provisions of the Act.

21. SALARY PACKAGING21.1 San Carlo operates a Salary Packaging System for all of its employees. The terms and conditions of the

system may make provision for a salary greater than that contained in the salary band. The package overall shall not be less favourable than the entitlements otherwise available under this Agreement on an overall basis and shall be subject to the following provisions:

a) San Carlo will ensure that the structure of any package complies with taxation and other relevant laws;

b) San Carlo will confirm in writing to the employee the classification level and the current salary payable as applicable to the employee under this Agreement;

c) San Carlo will advise the employee in writing of his or her right to choose payment of that salary referred to in Sub-Clause 21.1(b) above instead of a remuneration package;

d) San Carlo will advise the employee, in writing, that all Agreement conditions, other than the salary and those conditions as agreed in Sub-Clause 21.1 (e) below shall continue to apply;

e) When determining the salary package, the non-salary fringe benefit shall be in accordance with relevant Australian Taxation Office legislation;

f) A copy of the agreement shall be made available to the employee;

g) The employee shall be entitled to inspect details of the payments made under the terms of this agreement;

h) The configuration of the remuneration package shall remain in force for the period agreed between the employee and San Carlo;

i) Where at the end of the agreed period the full amount allocated to a specific benefit has not been utilised, by arrangement between San Carlo and the employee, an unused amount may be carried forward to the next period, or paid as salary which will be subject to usual taxation requirements;

j) Salary packaging is only offered on the strict understanding and agreement that in the event existing taxation law is changed regarding Fringe Benefits Tax or personal tax arrangements, and that change may impact on this agreement, all salary packaging arrangements may, at the discretion of San Carlo, be terminated. Upon termination in these circumstances the employee’s rate of pay will revert to the rate of pay that applied immediately prior to a salary packaging agreement made pursuant to this clause, or the appropriate Agreement rate of pay, whichever is greater;

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k) Where changes are proposed to salary packaging arrangements other than to flow on wage increases, or salary packaging arrangements are to be cancelled for reasons other than legislative requirements, then San Carlo and/or the employee must give one months’ notice of the proposed change;

l) In the event that an employee ceases to be employed by San Carlo this agreement will cease to apply as at the date of termination and all leave entitlements due on termination shall be paid at the rates in accordance with Sub-Clause 21.1(b) above. Any outstanding benefit shall be paid on or before the date of termination; and

m) Any pay increases granted to employees under this Agreement shall also apply to employees subject to remuneration packaging arrangements within this clause.

n) Where an employee salary packages their wages in accordance with this agreement, superannuation will be paid on the pre-packaged wages.

22. SUPERANNUATION22.1 San Carlo will make superannuation contributions into an approved Superannuation Fund nominated by the

employee in accordance with the Superannuation Guarantee (SG) legislation as varied from time to time.

22.2 An ‘approved fund’ means:

a) First State Super;

b) Catholic Super;

c) HESTA; or

d) any agreed complying superannuation fund – provided that San Carlo shall not reasonably withhold agreement unless it establishes good and proper reasons for withholding agreement.

22.3 An employee will nominate one approved fund to which all statutory superannuation contributions shall be paid.

22.4 Should an employee fail to nominate a fund; San Carlo has determined HESTA as the default fund into which contributions shall be paid under this Agreement.

22.5 The superannuation contributions will be calculated on ordinary time earnings (as defined by the Australian Taxation Office), which for the purpose of this Agreement includes ordinary time worked on public holidays and public holiday loadings. San Carlo will pay SG contributions on employer paid parental leave.

22.6 San Carlo shall make, in respect of eligible employees (as defined by the Australian Taxation Office), superannuation contributions into an approved fund on a monthly basis.

22.7 Salary sacrifice to superannuation

a) An employee can elect to sacrifice a portion of salary to superannuation. Such election must be made prior to the commencement of the period of service to which the earnings relate and be in accordance with relevant legislation.

b) Salary sacrifice to superannuation means the option of making additional superannuation contributions by electing to sacrifice a portion of the gross earnings (pre-tax dollars). This will give the effect of reducing the taxable income by the amount for salary sacrifice.

c) San Carlo will not use any amount that is salary sacrificed by an employee to count towards San Carlo’s obligation to pay contributions under the SG legislation.

d) Contributions payable by San Carlo in relation to the SG legislation shall be calculated by reference to the salary which would have applied to the employee under this Agreement in the absence of any salary sacrifice.

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e) Any additional superannuation contributions made in accordance with this clause shall be paid into the same superannuation fund that receives the employee’s SG contributions.

f) Where an employee salary sacrifices their wages in accordance with this agreement, superannuation will be paid on the pre-salary sacrifice wages.

23. ACCIDENT MAKE-UP PAY23.1 The conditions under which an employee shall qualify for accident make-up payment shall be as prescribed

hereunder:

a) San Carlo shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment of compensation is payable by or on behalf of San Carlo pursuant to the provisions of the relevant Victorian legislation as amended from time to time.

b) Accident make-up payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the relevant Victorian legislation and the employee’s appropriate agreement rate for that period (including regular shift penalties and weekend loadings, if appropriate). For the purposes of this clause the total rate will be determined by averaging the payments to the employee during the last 13 weeks at work.

c) San Carlo shall pay, or cause to be paid, accident make-up payment during the incapacity of the employee within the meaning of the relevant Victorian legislation until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury.

d) The liability of San Carlo to pay make-up payment in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the relevant Victorian legislation.

e) In the event that the employee receives a lump sum in redemption of weekly payments under the relevant Victorian legislation, the liability of San Carlo to pay accident make-up payment as herein provided shall cease from the date of such redemption.

24. ALLOWANCES24.1 Vehicle Allowance

a) When an employee is involved in travelling on duty, if San Carlo cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by San Carlo on production of receipted account(s) or other evidence acceptable to San Carlo.

b) Provided further that the employee shall not be entitled to reimbursement for those expenses which exceed the mode of transport, meals or standard of accommodation agreed for the purpose of San Carlo.

c) Where San Carlo requires an employee to use their own vehicle in the performance of duties such an employee shall be paid at the applicable ATO rate for travel.

24.2 Uniform/Laundry Allowance

a) Where San Carlo requires a uniform to be worn but does not supply it, the uniform and laundry allowance in Schedule D will be paid.

b) Where uniforms, overalls, caps or aprons are provided these shall remain the property of San Carlo and be laundered and maintained by San Carlo free of cost to the employee.

c) The uniform allowance but not the laundry allowance shall be paid during all absences on leave, except absences on Long Service Leave and absence on Sick Leave beyond 21 days.

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d) Where San Carlo requires an employee to wear personal protective equipment or specialised clothing is required for the work performed by an employee, San Carlo will reimburse the employee for the cost of purchasing such special clothing or equipment.

e) The provisions of this clause do not apply where the special clothing or safety equipment is paid for by San Carlo.

f) The above rates shall be adjusted in accordance with the percentage wage increases provided for under this Agreement.

24.3 Meal Allowance

An employee who is required to work overtime for more than two (2) hours and such overtime goes beyond 7:00am, 1:00pm and 6:00pm and where no meal is provided by San Carlo, the employee shall be paid, an amount as set out in Schedule D.

24.4 Seniors Allowance

a) An employee at Level 5 will become eligible for the Seniors Allowance, as specified in Schedule D, where they are required by San Carlo to perform work as Unit Supervisor (however titled).

b) Alternatively, an employee at Level 4 will also be paid a Seniors Allowance if they are required to undertake a specific project or activity outside of their normal required duties calling for additional skills to fulfil the requirements of the specific project or activity.

c) Provided that an employee in receipt of an in-charge allowance as provided under the Agreement shall not be entitled to Seniors Allowance for the same responsibility.

24.5 In Charge Allowance (Levels 4 only)

a) In respect of any employee (other than those in a classification that requires supervisory responsibility as part of their functions) who is identified as being in charge the following allowance shall be paid in the event of him or her being appointed to exercise control over other employees:

In charge of 1-10 other employees 7% In charge of 11-30 other employees 10% In charge of 31 or more employees 15%

b) Such percentage calculated upon the base rate payable under Schedule C and shall be additional to any other allowances to which the employee is entitled.

24.6 On-Call Allowance

a) An employee designated to be on-call (i.e. available for recall to duty) during the period commencing from the time of finishing ordinary duty on Monday and the termination of ordinary duty on Friday shall be paid an allowance equal to 2% of their base rate for any specified 24-hour period or part thereof.

b) An employee required to be on-call during the period commencing after the termination of ordinary duty on Friday and the commencement of ordinary duty on Monday or on a public holiday shall be paid an allowance equal to 4% of their base rate for any specified 24-hour period or part thereof.

24.7 Qualifications Allowance

a) An employee will be paid a qualification allowance in two circumstances:

i) where the qualification is an agreed part of the Career Development Plan for the employee as prescribed in Clause 44.

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ii) where an employee, whether new or existing, obtains a qualification that is required and agreed to by San Carlo and is directly relevant to the work of the employee at San Carlo and the qualification is not a base qualification.

b) The qualification allowance will be based on the level of the qualification and paid as the following percentage of the employee’s base rate of pay:

i) 3.0% for a short (3-6 month) post-trade certificate or advanced qualification

ii) 4.0% for a post-graduate certificate

iii) 6.0% for a post-graduate diploma

iv) 7.5% for a Masters degree

c) The qualification allowance will not apply if the costs associated with obtaining the qualification has been fully funded by San Carlo.

d) San Carlo will pay the qualification on one qualification obtained unless support for an additional qualification and allowance is endorsed by the Chief Executive Officer.

25. HIGHER DUTIES25.1 An employee engaged in any duties carrying a higher rate than the classification in which they are ordinarily

employed in any one day or shift shall be paid at the higher rate for:

a) the time so worked for two (2) hours or less; or

b) the full day or shift where the time so worked exceeds two (2) hours.

PART 3 – LEAVE26. ANNUAL LEAVE26.1 Employees are entitled to take Annual Leave in accordance with the provisions of the NES.

26.2 Casual employees have no entitlement to Annual Leave.

26.3 Accrual of Annual Leave

a) All employees are entitled to four (4) weeks paid Annual Leave, with the exception of Registered Nurses who shall be entitled to five (5) weeks.

b) Shift workers (as defined) are entitled to one (1) additional week of Annual Leave.

c) An employee, whether full-time or part-time, is defined as a shift worker if they work:

i) for more than four (4) hours on ten (10) or more weekends; or

ii) regularly outside the hours of a day worker (i.e. PM or nightshift with start and finish time outside the ordinary span of hours – 6.30 am to 6.00pm Monday to Friday).

Regularly for this clause means working at least 40 night or PM shifts in a year, from Sunday night duty to Friday PM, over at least 15 weeks.

d) The entitlement to paid Annual Leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

e) Annual Leave shall not accrue during periods of unpaid leave.

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26.4 Payment of Annual Leave

a) If an employee takes Annual Leave during a period, the Annual Leave shall be paid at the employee’s ordinary rate of pay for the employee’s ordinary hours of work in the period.

b) An employee going on leave may elect to be paid:

(i) prior to commencing such leave; or

(ii) through their normal pay cycle.

c) Once the leave has commenced the election cannot be changed unless San Carlo agrees.

d) Registered Nurses will be paid at a rate proportionate to the level at which they have worked over the accrual period.

e) Annual Leave loading, if any, shall be paid in accordance with Sub-Clause 26.8.

26.5 Taking of Annual Leave

a) An employee is entitled to take an amount of Annual Leave during a particular period if:

(i) at least that amount of Annual Leave is credited to the employee; and

(ii) San Carlo has authorised the employee to take the Annual Leave during that period.

b) In the taking of leave, the employee shall make written application to San Carlo, giving management at least four (4) weeks’ notice of the desired period of such leave outside the peak periods (Christmas, Easter and school holidays) and at least six (6) weeks’ notice during peak periods.

c) Employees shall obtain approval for Annual Leave prior to making travel arrangements. Leave will be approved in a manner that is fair to all employees, and takes into account operational requirements and resident needs, and San Carlo will not approve leave in contradiction to these principles simply due to purchases and/or travel arrangements made without proper application being made for Annual Leave.

d) During times of peak demand for Annual Leave, applications for all employees wishing to apply for leave will be considered equally and jointly to ensure fairness to all employees. Employees who have taken leave at a particular point in time the past should not expect that leave applied at that time again will be approved.

e) Once Annual Leave has been approved by management the approved leave must be taken at the approved time. Any variations to this arrangement will require the employee to demonstrate to management that exceptional circumstances exist that warrant the change in the taking of leave.

f) Annual Leave shall be taken in an amount and at a time which is approved by San Carlo and will be subject to the operational requirements as determined by San Carlo. The submitting of an application for Annual Leave does not constitute approval of an employee’s application. San Carlo shall not unreasonably withhold or revoke such approval; however operational requirements may require San Carlo (if possible) to offer alternate dates of Annual Leave.

26.6 Employer Direction to Take Annual Leave – Excessive Annual Leave

a) San Carlo may direct an employee to take a period of Annual Leave where the employee has accrued excessive Annual Leave. Excessive Annual Leave is defined as accrued leave in excess of 150% of the employee’s Annual Leave entitlement (e.g. in excess of 6 weeks leave for an employee who has an entitlement to 4 weeks’ leave per year and 8 weeks leave for an employee who has an entitlement to 5 weeks’ leave per year). San Carlo will not direct the Employee to reduce the accrued leave to less than 150% of their Annual Leave entitlement.

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b) San Carlo has an expectation that each employee will take at least two weeks of Annual Leave in each year and reserves the right to discuss the taking of leave and fatigue issues where an Employee has not taken any leave for a period longer than six months and does not have leave planned.

c) Where the employee has excessive Annual Leave, and before directing the employee to take a period of leave, San Carlo will:

(i) give the employee a reasonable opportunity to submit a plan to reduce the leave to not less than 150% more than their Annual Leave entitlement within three months; and

(ii) not unreasonably refuse to agree to a leave reduction plan which includes saving leave for an extended holiday within 12 months of the date of agreement, provided the plan will not result in the employee continuing to have an excessive leave balance taking in to account future accruals between agreeing to the leave plan and the taking of the leave.

26.7 Cashing out of Annual Leave

a) Paid Annual Leave must not be cashed out except in accordance with an agreement under Clause 26.7.

b) Each cashing out of a particular amount of paid Annual Leave must be the subject of a separate agreement under Clause 26.7.

c) San Carlo and an employee may agree in writing to the cashing out of a particular amount of accrued paid Annual Leave by the employee.

d) An agreement under Clause 26.7:

(i) the amount of leave to be cashed out and the payment made to the employee for it; and

(ii) the date on which the payment is to be made.

e) An agreement under Clause 26.7 must be signed by San Carlo and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time payment is made.

g) An agreement must not result in the employee’s remaining accrued entitlement to paid Annual Leave being less than four (4) weeks.

h) The maximum amount of accrued paid Annual Leave that may be cashed out in any period of 12 months is two (2) weeks.

i) San Carlo must keep a copy of any agreement under Clause 26.7 as an employee record.

26.8 Annual Leave Loading

In addition to their Annual Leave payment, an employee will be paid the higher of:

(i) an Annual Leave loading of 17.5% on the 152 hours Annual Leave accrued each year; or

(ii) for each period of leave granted weekend and shift penalties plus other allowances regularly paid that the employee would have received if they had been at work, the employee would have received had they not been on leave during the relevant period.

26.9 Annual Leave and Service

A period of Annual Leave does not break an employee’s continuity of service and annual leave counts as service for all purposes.

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26.10 Payment of Annual Leave on Termination

If, when the employment of an employee ends, the employee has a period of untaken paid Annual Leave, San Carlo will pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.

26.11 Personal/Carer’s Leave Whilst on Annual Leave

Where an employee becomes sick whilst on Annual Leave on any days on which he or she would otherwise have worked, and as soon as reasonably practicable forwards to San Carlo a certificate of a registered health practitioner, then the day or days specified in the certificate shall be deducted from any paid sick leave entitlement standing to the employee’s credit, and the Annual Leave day(s) shall be re-credited to his or her Annual Leave entitlement.

27. PERSONAL/CARERS LEAVE27.1 Employees are entitled to Personal/Carer’s Leave in accordance with the provisions of the NES.

27.2 Casual employees have no entitlement to Paid Personal/Carer’s Leave, but do have an entitlement to unpaid leave.

27.3 Entitlement to Paid Personal/Carer’s Leave

a) The amount of Personal/Carer’s Leave to which a full-time employee is entitled depends on their length of service and accrues as follows:

(i) For the first year of service – 91 hours and 12 minutes;

(ii) For the second, third and fourth years of service – 106 hours and 24 minutes for each year; and

(iii) For all subsequent years – 159 hours and 36 minutes.

The amount of Personal/Carer’s Leave for a part-time employee is on a pro-rata basis corresponding to their year of service.

b) 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, and accumulates from year to year.

27.4 Taking of Personal/Carer’s Leave

An employee may take paid Personal/Carer’s Leave:

a) where the employee is not fit 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 member; or

(ii) an unexpected emergency affecting the member.

c) an employee is entitled to use up to 10 days Personal/Carer’s Leave, including accrued leave, each year to take as carer’s leave in accordance with clause 27.4(b).

d) to facilitate Family Violence Leave as defined in Clause 30 – Family Violence Leave.

27.5 Payment of Paid Personal/Carer’s Leave

If an employee takes a period of Paid Personal/Carer’s Leave, San Carlo will pay the employee at the employee’s ordinary rate of pay for the employee’s ordinary hours of work in the period.

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27.6 Personal/Carer’s Leave on Public Holidays

If the period during which an employee takes paid Personal/Carer’s 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 Personal/Carer’s Leave on that public holiday.

27.7 Unpaid Personal/Carer’s Leave

a) An employee is entitled to two (2) days Unpaid Personal/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:

(i) a personal illness, or personal injury, affecting the member; or

(ii) an unexpected emergency affecting the member.

b) An employee may take Unpaid Personal/Carer’s Leave as:

(i) a single continuous period of up to two (2) days; or

(ii) any separate periods agreed with San Carlo.

c) An employee may take Unpaid Personal/Carer’s Leave to facilitate Family Violence Leave as defined in Clause 30 – Family Violence Leave.

d) An employee is entitled to Unpaid Personal/Carer’s Leave for a particular occasion only if the employee cannot take an amount of Paid Personal/Carer’s Leave.

27.8 Notice and Evidence Requirements

a) To be entitled to leave under this clause an employee must, as soon as reasonably practicable (which may be at a time before or after the leave has started), notify San Carlo that the employee is (or will be) absent from his or her employment. San Carlo requires notification to be:

(i) given to the employee’s direct manager, or their delegate;

(ii) made via phone. Notifications by text, email, fax or any other means are not acceptable unless approved in advance by San Carlo; and

(iii) made by the employee. Notification by a family member will only be accepted in exceptional circumstances.

b) San Carlo may require an employee to give evidence that would satisfy a reasonable person that the leave was taken for a permissible reason or occasion.

c) To be entitled to leave during the period, the employee will be required to give San Carlo as soon as reasonably practicable (which may be at a time before or after the personal leave has started) a medical certificate from an accredited health practitioner stating that in their opinion the employee was, is, or will be, unfit for work during the period because of a personal illness or injury.

d) In the event of an employee claiming Personal/Carers Leave when they are sick, they will not be required to provide evidence for absences of one (1) day, provided the number of occasions without furnishing evidence does not exceed three (3) occasions in in any one (1) service year. However, a certificate from a registered health practitioner must be provided where an employee was:

(i) sick or injured during annual leave;

(ii) absent on the day immediately before or after a public holiday.

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e) For an employee claiming sick leave outside of the provisions in Clause 27.8d) the following evidence will be required:

(i) a certificate from a registered health practitioner; or

(ii) production of a Statutory Declaration signed by the employee for not more than a total of six(6) days in any calendar year, with a maximum of three (3) on any one occasion.

f) Nothing in Clauses 27.8(d) and (e) restricts San Carlo from requiring a medical certificate to support sick leave claims where it has become apparent that a pattern of absence is occurring and management believe that the entitlement is being abused.

g) To be entitled to Carer’s Leave during the period, the employee may be required to give San Carlo as soon as reasonably practicable (which may be at a time before or after the carer’s leave has started) a certificate from a registered health practitioner (or equivalent) stating that, in their opinion, the member of the immediate family (as defined) requires or required care and support during the period due to personal illness or injury.

Indicative examples of what can and what cannot be considered as carers leave is as follows:

What is Carer’s leave What is not Carer’s leave

Caring for child who is not sick when crèche shuts suddenly because of gastro outbreak

Attending a child’s concert

Family members breaks an arm or leg and needs support for several days

Attending a day-time parent-teacher interview

Family members admitted to hospital and needs support

Staying at home because of a sick pet

Taking a parent or child to a medical appointment

Staying home to assist a VCE student with final exam preparation

h) Employees will be required to provide evidence in accordance with Clause 27.8(e) or in accordance with the provisions of Clause 30.3.

i) In instances where the notification or evidence requirements are not met, the absence will be deemed to be unauthorised leave.

27.9 Service

a) A period of Paid Personal/Carer’s Leave does not break an employee’s continuity of service and counts as service for all purposes.

b) A period of Unpaid Personal/Carer’s Leave Does not break an employee’s continuity of service, but does not count as service.

28. COMPASSIONATE LEAVE28.1 Employees are entitled to Compassionate Leave in accordance with the provisions of the NES.

28.2 Casual employees have no entitlement to Paid Compassionate Leave, but do have an entitlement to unpaid leave.

28.3 Entitlement to Compassionate Leave

a) An employee is entitled to two (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:

(i) contracts or develops a personal illness that poses a serious threat to his or her life; or

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(ii) sustains a personal injury that poses a serious threat to his or her life; or

(iii) dies.

b) An employee may take Compassionate Leave as:

(i) a single continuous period of two (2) days; or

(ii) two separate periods of one (1) day each; or

(iii) any separate periods agreed with San Carlo.

28.4 Payment for Compassionate Leave

a) If an employee takes a period of paid Compassionate Leave, San Carlo must pay the employee, other than a casual employee, at the employee’s base rate of pay for San Carlo’s ordinary hours of work in the period.

b) Casual employees are entitled to unpaid Compassionate Leave.

28.5 Notice and Evidence Requirements

a) To be entitled to leave under this clause an employee must, as soon as reasonably practicable (which may be at a time before or after the leave has started), notify San Carlo that the employee is (or will be) absent from his or her employment.

b) San Carlo may require an employee to give evidence that would satisfy a reasonable person that the leave was taken for a permissible reason or occasion.

c) To be entitled to Compassionate Leave during the period, the employee may be required to give San Carlo as soon as reasonably practicable (which may be at a time before or after the compassionate leave has started):

(i) a medical certificate from a medical practitioner stating that, in their opinion, the member of the immediate family is suffering from an illness or injury that poses a serious threat to the member of the immediate family’s life; or

(ii) a statutory declaration made by the employee stating that the employee requires or required leave during the period due to the death of the member of the immediate family.

28.6 Service

A period of paid Compassionate Leave does not break an employee’s continuity of service and counts as service for all purposes.

29. COMMUNITY SERVICE LEAVE29.1 Emergency Service Leave

a) An employee who is a member of a recognised voluntary emergency relief organisation (such as the Country Fire Authority, Red Cross, St John Ambulance and the State Emergency Service) is entitled to be released from duty to engage in a voluntary emergency management activity in accordance with the provisions of the Fair Work Act 2009, subject to the employee providing to the San Carlo:

(i) prior notice of such attendance (unless this is not practicable due to the nature of the emergency); and

(ii) evidence that would satisfy a reasonable person that the employee has been or will be engaging in an eligible emergency management activity.

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b) Payment for such attendance shall be restricted to a maximum of three shifts per annum (non- cumulative), at the employee’s ordinary base rate of pay. Casual employees shall not be entitled to payment under this sub-clause, but shall still have the right to be absent from work subject to complying with the notice requirements under Sub-Clause 29.1(a).

c) Employees who are working a rostered shift at San Carlo and where San Carlo itself is under threat are not permitted to leave San Carlo to attend to other emergencies until the end of their shift and/or the threat to San Carlo has been eliminated.

29.2 Jury Service

a) An employee who is required to appear as a result of a summons for Jury Service or to appear and serve as a juror in any court shall be entitled to be paid for the employee’s ordinary hours of work (including any shift loadings and regular allowances) for the period during which attendance at court is required (whether or not he or she ultimately serves as a juror).

b) San Carlo may require the employee as soon as reasonably practicable to provide proof of their requirement to attend Jury Service to their manager. In such case, the employee shall provide a copy of the summons to attend Jury Service and a record of any payments received from the courts as proof of attendance.

c) The employee shall be required to reimburse San Carlo any monies payable to the employee from the courts for such attendance (excluding expenses) which required the employee’s absence from work.

d) This clause excludes casual employees.

29.3 Blood Donors Leave

San Carlo will release full-time employees upon request on a maximum of two occasions per year to donate blood in paid time at a nominated time where a mobile collection unit or donor collection centre is located within five (5) kilometres of the aged care facility. Employees will give at least seven (7) days’ notice to San Carlo and such release will take into account the staffing and workload needs of the facility.

30. FAMILY VIOLENCE LEAVE30.1 The parties to this agreement acknowledge that Family Violence is a serious issue in our community and is

likely to affect a number of staff at any time. San Carlo is committed to the safety of staff and residents and seeks to develop a supportive workplace in which victims of Family Violence can come forward for help and support on a confidential basis.

30.2 San Carlo accepts the definition of Family Violence as stipulated in the Family Violence Protection Act 2008 (Vic). The definition of Family Violence includes physical, sexual, financial, verbal or emotional abuse by a family member.

30.3 Proof of Family Violence may be required by San Carlo and can be in the form of an agreed document issued by the Police Service, a Court, a Doctor, district nurse, maternal and health care nurse or a Family Violence Support Service or Lawyer. A signed statutory declaration can also be offered as proof as agreed with San Carlo.

30.4 All personal information concerning Family Violence will be kept confidential in line with San Carlo’s Privacy Policy and relevant legislation. San Carlo will develop a Family Violence policy within the first year of the agreement.

30.5 An Employee experiencing Family Violence may raise the issue with nominated San Carlo representative or the CEO. The nominated representative or the CEO will liaise with the Employee’s team leader on the Employee’s behalf, and will make a recommendation on the most appropriate form of support, including

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referral to the San Carlo Employee Assistance Program.

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30.6 San Carlo will allow employees who are victims of Family Violence and need time off work for medical or legal assistance, court appearances, counselling, relocation, or to make other safety arrangements with flexibility to use their accrued Personal/Carer’s Leave for such purposes.

30.7 Where an employee has, or is likely to exhaust their personal leave accrual, San Carlo may provide further special leave on a case by case basis.

31. PARENTAL LEAVE31.1 Employees are entitled to Parental Leave in accordance with the provisions of the NES, as amended from

time to time.

31.2 Permanent employees eligible for Parental Leave in accordance with Sub-Clause 31.1 shall be entitled to the following paid Parental Leave:

a) Five (5) weeks paid primary carer leave or two (2) weeks of paid secondary carer leave shall be given to any permanent employee who qualifies for Parental Leave under the provisions of the Agreement. Such leave will be paid at the ordinary time rate and for part time workers a ‘week’ will be the average of ordinary hours over the last 12 months.

b) The amount of paid leave provided in this Agreement shall not be reduced in terms of its monetary value by the Commonwealth Government’s scheme of publicly funded paid Parental Leave (however titled or styled). For the avoidance of doubt the value of the paid Parental Leave provided under this Agreement will be in addition to the value of the leave provided by the Commonwealth scheme.

c) Superannuation will be payable on the San Carlo paid Parental Leave entitlement. No superannuation is payable on the Commonwealth Government’s scheme.

31.3 In accordance with the provisions of section 73 of the Fair Work Act 2009, a female employee shall be entitled to work during the six (6) week period before the estimated date of birth of the child, provided that if requested by San Carlo, the employee shall provide a statement from her medical practitioner or midwife to the effect that continuing employment until the date of birth is not a risk to the employee or the unborn child. In addition, the employee may take all accrued annual leave prior to a return to work from maternity and adoption and paternity leave.

31.4 Right to Request

a) An employee entitled to Parental Leave pursuant to the provisions of Sub-Clause 31.1 may request San Carlo to allow the employee:

(i) to extend the 52 weeks of unpaid Parental Leave by a further continuous period of leave not exceeding 12 months; or

(ii) to return from a period of Parental Leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

b) San Carlo shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable business grounds related to the effect on the workplace or San Carlo’s business. Such grounds may include cost, lack of adequate replacement staff, loss of efficiency and the impact on resident/client care.

c) The employee’s request and San Carlo’s decision made under Sub-Clauses 31.4(a) and 31.4(b) must be recorded in writing.

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d) Request to return to work part-time

Where an employee wishes to make a request under Sub-Clause 31.4(a)(ii), such a request must be made as soon as possible but no less than seven (7) weeks prior to the date upon which the employee is due to return to work from parental leave.

e) Any dispute about a refusal to allow a flexible return to work may be dealt with in accordance with the dispute resolution procedure of this Agreement.

31.5 Special Maternity Leave

a) An employee who gives birth to a stillborn child (at or after 20 weeks gestation) or who gives birth to a live baby who subsequently dies, during or before the period of intended leave, will be entitled to the full amount of any paid leave provided by this Agreement. In either of these circumstances, paid secondary carer leave/primary carer leave will also apply.

32. LONG SERVICE LEAVE32.1 Employees will be entitled to access paid Long Service Leave upon the completion of ten (10) years of

continuous service with San Carlo.

32.2 An employee shall have the following entitlement to Long Service Leave:

a) Long Service Leave will accrue at the rate of 0.0333 hours (2 minutes) for each ordinary hour worked by the employee (1.7333 weeks or 65.8667 hours per year of full-time service).

b) Long Service Leave is accrued during ordinary working hours and periods of agreed paid leave, which include:

(i) paid Annual Leave;

(ii) paid Parental Leave;

(iii) Long Service Leave;

(iv) paid Personal/Carer’s Leave;

(v) periods of unpaid Personal/Carer’s Leave (up to 14 days per year);

(vi) periods of absence during which an employee is in receipt of workers compensation payments or accident makeup pay (see clause 23);

(vii) paid career development leave;

(viii) community service leave; and

(ix) any period of leave approved by San Carlo which is agreed to accrue long service leave

c) Long Service Leave is not accrued during periods of unpaid leave or absences, including:

(i) Unpaid Parental Leave;

(ii) periods of leave without pay;

(iii) absences arising directly or indirectly from an industrial dispute; and

(iv) approved periods of unpaid study leave where the course relates to the employee’s role and the period of leave is approved by San Carlo.

However, these periods of authorised unpaid leave do not break the employee’s continuous service.

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32.3 Payment

a) The employee is entitled to payment for Long Service Leave at their ordinary rate, not including any penalty payments or allowances.

b) Where an employee is entitled to a scheduled rate increase in line with this Agreement the employee is entitled to receive that same increase in their Long Service Leave payments.

c) Payment for Long Service Leave will be made in the normal pay cycles but can be paid in advance if requested in writing by the employee.

32.4 Accessing Long Service Leave Payments on Termination or Death of the Employee

a) Where the employment is terminated and the employee has achieved seven (7) years of continuous service with San Carlo, payment in lieu of the Long Service Leave entitlements not taken will be made.

b) In the event of the death of an employee who has achieved seven (7) years or more of continuous service, San Carlo will make any pro-rata payment owing for Long Service Leave to the employee’s personal representative.

32.5 Taking Long Service Leave

a) Employees should apply in writing to take Long Service Leave as per San Carlo’s policies and procedures.

b) Unless otherwise agreed, for periods of absence on Long Service Leave of four (4) weeks or less, the employee should provide a minimum of four (4) weeks’ notice. For periods of absence on Long Service Leave of more than four (4) weeks, the employee should provide a minimum of eight (8) weeks’ notice.

c) San Carlo may request increased notice in cases where replacement staff are needed.

d) San Carlo will be reasonable in responding to the request within 28 days and will consider the individual’s personal needs and commitments and the needs of the business.

e) Long Service Leave can be taken as one continuous period, or separate periods, including absences of one day. San Carlo agrees that it will not unreasonably refuse a request for regular use of Long Service Leave over a sustained period as part of a transition to retirement plan that includes a combination of reduced working hours and paid leave.

f) The employee and San Carlo will cooperate in coordinating leave periods which suit the individual’s personal needs and commitments and the needs of the business.

32.6 Employer Request to take Long Service Leave

a) Where an employee has reached ten (10) years’ service but less than 20 years’ service and where their Long Service Leave accruals balance totals four (4) months or more (based on the employee’s average hours worked), San Carlo may request that the employee take a period of Long Service Leave. In such circumstances, the employee will have two (2) months to provide a leave plan to San Carlo which provides for the long service leave to be taken within 18 months (taking into account accruals during the leave plan period), unless otherwise agreed. Such leave plan must be in writing.

b) San Carlo will consult with the employee regarding the taking of leave. When a mutually agreeable date cannot be reached or a leave plan is not provided when requested, the date for taking leave will be determined by San Carlo (provided at least six (6) months’ notice is given). However, the provision of Clause 49 - Grievance and Dispute Resolution Procedures will apply if the employee disagrees with the direction.

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c) Provided further that San Carlo cannot request than an employee take Long Service Leave that would result in a leave balance of less than four (4) months for service of up to 20 years and less than eight(8) months where the employee has service of 20 years or more.

32.7 Additional Long Service Leave

a) Employees may be entitled to take additional Long Service Leave on reduced pay by agreement with San Carlo. Any amounts of Long Service Leave may be taken at 50% of an employee’s normal pay rate, thereby doubling the period of paid leave which can be taken. For example, an employee who is eligible to 13 weeks paid Long Service Leave can take 26 weeks paid Long Service Leave at half pay.

b) Applications for additional Long Service Leave will be made in writing by the employee and San Carlo will consider the individual’s personal needs and commitments and the needs of the business.

c) Employees may take Long Service Leave at double pay for half the time by agreement with San Carlo. Any amounts of Long Service Leave may be taken at 200% of the employee’s normal pay rate, thereby reducing the period of paid leave which can be taken. For example, an employee who is eligible to 26 weeks paid Long Service Leave can take 13 weeks paid Long Service Leave at double pay.

d) Employees may need to seek independent advice regarding the taxation implications of seeking payment under this subclause. San Carlo shall not be held responsible in any way for the cost or outcome of any such advice.

32.8 Transitional Arrangements – New Calculation Methods – Long Service Leave Audits

a) The effective date for transition to these new arrangements will be the first full pay period on or after 1 July 2017.

b) The accrual rate is calculated based on the total entitlement of a full-time employee and is calculated as a pro-rata amount as follows:

LSL accrued per annum = 26 weeks/15 years

= 1.7333 weeks or 65.8667 hours per annum

= Equivalent to 0.0333 hours (or 2 minutes) LSL per ordinary hour worked or hours during those periods which count as service in Clause 34.2(b).

c) In order to progress to the new Long Service Leave arrangements, San Carlo will conduct a Long Service Leave audit of all employees to establish exactly the number of accrued hours and minutes of accrued leave. The Long Service Leave audit will assess the employee’s current Long Service Leave entitlements according to the following calculation:

Number of years’ service x 1.7333 weeks x average hours worked per week1

d) The audit process will take into account any:

(i) unpaid leave (eg. parental leave) – which reduces the period of service;

(ii) Long Service Leave already taken – which is subtracted from the total entitlement; and

(iii) periods of absence of three (3) months or more – which breaks continuous service for casual employees.

e) San Carlo will complete the audits of all employees covered by this agreement within nine (9) months of the commencement of the Agreement.

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1 Average hours worked per week will be based on service over the preceding 12 months, 3 years or 5 years immediately prior to the audit, whichever is the greater.

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f) San Carlo will write to the employee providing the findings of the audit and the employee will have 28 days from the date of the audit to query the findings, raise any other concerns or seek a formal review of the audit.

g) If there is a dispute about the findings of the audit the provisions of the Clause 49 - Grievance and Dispute Resolution Procedure of this Agreement will apply.

33. LEAVE WITHOUT PAY33.1 By agreement between San Carlo and a permanent employee, an employee may be granted a period of

Leave Without Pay. There is no automatic entitlement to take Leave Without Pay.

33.2 Leave Without Pay shall not be available if the employee has paid leave entitlements available to take. As such, all paid leave entitlements must be exhausted before a period of Leave Without Pay will be granted.

33.3 The period of Leave Without Pay will not break the continuity of service of the employee but will not count for the purpose of:

a) accruing Annual Leave or Personal/Carer’s Leave;

b) accruing Long Service Leave;

c) the qualifying period for paid and unpaid Parental Leave; and

d) the calculation of service for notice and severance pay in accordance with Clause 37 – Termination of Employment and Clause 38 – Redundancy.

33.4 Applying for Leave Without Pay

a) Employees may only apply for a period of Leave Without Pay if they have 12 months’ service with San Carlo.

b) Application must be made to the CEO in writing and subject to the employee satisfying the conditions outlined in Clause 33.2.

33.5 This clause does not apply to unpaid Personal Leave.

34. REPRESENTATIVE LEAVE34.1 Employees who have been nominated by other employees as the site union representative for the unions

represented in this agreement will, as a group, be able to access the following paid leave to attend trade union delegate courses, seminars and/or conferences:

a) Up to a maximum of five (5) days paid leave per calendar year for the totality of all applications of trade union, union delegate training leave, attendance at union conferences, meetings and courses provided that:

(i) the scope, content and level of courses are directed to enhancing their knowledge of the agreement and how it operates and is interpreted (including the settlement of dispute and disciplinary procedures/s) and the industrial relations systems generally;

(ii) that four (4) weeks period of notice is provided to San Carlo;

(iii) the approval of leave must have regard to the operational requirements of San Carlo;

(iv) paid leave under the provisions of this clause is not cumulative; and

(v) this leave shall be paid at the ordinary time rate of pay.

b) Leave of absence granted pursuant to this clause shall count for service for all purposes of this Agreement.

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PART 4 – OTHER MATTERS35. PROBATIONARY PERIOD35.1 Employees (other than casual employees) will be on a period of probation for the first six (6) months of

engagement for the purpose of determining the employee’s suitability for ongoing employment.

35.2 At any time during the probation period, San Carlo or the employee can terminate the employment by providing written notice in accordance with Clause 37 – Termination of Employment.

35.3 Employees will not be protected from unfair dismissal where they are terminated within the probation period.

36. SHORT TERM REDEPLOYMENT36.1 Where work undertaken by an employee is no longer available due to client request San Carlo will offer the

employee who performs that work a suitable position that takes into account their skill and experience and, as far as reasonably practicable, maintains their status and conditions of employment, at the same remuneration level and within reasonable geographic proximity to their previous role.

36.2 For the purposes of this clause, reasonable geographic proximity is where an employee is required to travel less than 20 minutes each way (in addition to their existing kilometres/time travelled between home and their previous workplace) to their new workplace.

36.3 Where the employee refuses alternate duties offered they may take paid or unpaid leave.

36.4 Where the travel does exceed 20 minutes in addition to the employee’s normal travel time, the employee will be paid this additional travel time as time worked.

37. TERMINATION OF EMPLOYMENT37.1 Prior to reaching any decision to terminate the employment of an employee on grounds other than would

justify summary dismissal, San Carlo will:

a) inform the employee that the termination of their employment is being considered;

b) advise the employee of the reasons for termination; and

c) provide the employee with an opportunity to show cause why their employment should not be terminated.

37.2 An employee shall be given reasonable time to respond, and shall be provided with details of any relevant material. Where a meeting is held with the employee, the employee is entitled to have a support person present. The support person may be a co-worker, union delegate, officer of the union, a family member, or any other person.

37.3 Subject to Clauses 37.4 to 37.9, employment, other than the employment of a casual, will be terminated by San Carlo only on the provision of applicable notice as set out in subclause 37.10, or by the payment by San Carlo of wages in lieu of notice. Where the employee is resigning from employment, two weeks’ notice shall be required unless otherwise specified in the employment contract. Where such notice is not provided by the employee, they shall forfeit such wages in lieu of notice.

37.4 San Carlo may, without notice, summarily dismiss an employee at any time for serious misconduct or wilful disobedience. Payment is up to the time of dismissal only.

37.5 Provided that employment may be terminated by part of the period of notice specified, and part payment or part forfeiture, in lieu of the period of notice specified.

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37.6 In respect of any forfeiture by the employee of wages in lieu of notice, the employee may at any time authorise San Carlo to deduct from his or her wages payable up to, or on termination, relevant wages payable in lieu of notice. Should San Carlo not receive such an authorisation from the employee and make the applicable deduction in whole, San Carlo may forthwith recover from the employee such outstanding payment or sum or amount payable or owing by the employee pursuant to this clause in any court of competent jurisdiction.

37.7 The requirement for an employee to provide notice under this clause shall not apply in circumstances where the employee is entitled to bring the employment to an end because of the actions of San Carlo, for example, because of a breach of the employment contract by San Carlo.

37.8 In respect of the requirement for San Carlo to provide or pay notice under this clause, nothing in this clause shall exclude the application of Subdivision C of Division 11 or Part 2-2 of the Fair Work Act 2009.

37.9 It is the intention of this clause that both San Carlo and the employee provide appropriate notice upon termination, or pay or forfeit such notice in wages. The application and interpretation of this clause shall give this intention full effect.

37.10 Notice of Termination

a) In the event of San Carlo terminating an employee’s employment (other than in cases of summary dismissal) the following notice periods shall be given:

Period of Continuous Service Minimum Period of NoticeLess than one year 1 weekMore than one year but not more than three years 2 weeksMore than three years but not more than five years 3 weeksMore than five years 4 weeks

b) Employees (other than casuals) aged 45 years or older will be entitled to an additional one weeks’ notice if the employee has completed at least two years continuous service for San Carlo.

37.11 San Carlo will give the employee a statement signed by San Carlo stating the period of employment and when the employment was terminated if the employee requests.

37.12 Abandonment of Employment

Where an employee is absent from work for a continuous period of two working days without the consent of San Carlo, and without notification to San Carlo, San Carlo will be entitled to inform the employee by written correspondence or email that unless the employee provides a satisfactory explanation for his or her absence within two days of receipt of such a request, the employee will be considered to have abandoned employment.

38. REDUNDANCY38.1 For the purposes of this clause, “continuous service” shall be interpreted in the same manner as “service of a

worker” is interpreted in the Long Service Leave Act 1992 (Vic) as at the date this Agreement comes into operation. Periods of leave without pay, including parental leave without pay, do not break the continuity of service of an employee but are not to be taken into account in calculating length of service for the purposes of this clause.

38.2 Redundancy occurs where San Carlo has made a definite decision that San Carlo no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

38.3 Unless the FWC subsequently orders otherwise pursuant to subclause 38.4, where the employment of an employee is to be terminated for the reason set out in subclause 38.2, San Carlo shall pay, in addition to other payments due to that employee, the following severance pay in respect of the following continuous periods of service:

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a) San Carlo shall pay the employee in accordance with the following scale:

Period of continuous service Severance PayLess than 1 year Nil1 year and less than 2 years 4 weeks’ pay2 years and less than 3 years 6 weeks’ pay3 years and less than 4 years 7 weeks’ pay4 years and less than 5 years 8 weeks’ pay5 years and less than 6 years 10 weeks’ pay6 years and less than 7 years 11 weeks’ pay7 years and less than 8 years 13 weeks’ pay8 years and less than 9 years 14 weeks’ pay9 years and less than 10 years 16 weeks’ pay10 years and over 12 weeks’ pay

b) “Weeks’ pay” means the rate of pay for the employee concerned at the date of termination.

38.4 Subject to an application by San Carlo and further order of FWC, San Carlo may pay a lesser amount (or no amount) of severance pay than that contained in Sub-Clause 38.3. FWC shall have regard to such financial and other resources of San Carlo concerned as FWC thinks relevant, and the probably effect paying the amount of severance pay in Sub-Clause 38.3 will have on San Carlo.

39. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE39.1 This term applies if San Carlo:

a) has made a definite decision to introduce a major change to a program, organisation, structure or technology 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.

39.2 For a major change referred to in Sub-Clause 39.1(a):

a) San Carlo must notify the relevant employees of the decision to introduce the major change; and

b) Sub-Clauses 39.3 to 39.9 apply.

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

39.4 If:

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

b) the employee or employees advise San Carlo of the identity of the representative;

San Carlo must recognise the representative.

39.5 As soon as practicable after making its decision, San Carlo 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 San Carlo 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

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(ii) information about the expected effects of the change on the employees; and

(iii) any other matters likely to affect the employees.

39.6 However, San Carlo is not required to disclose confidential or commercially sensitive information to the relevant employees.

39.7 San Carlo must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

39.8 If a term in this agreement provides for a major change to a program, organisation, structure or technology in relation to San Carlo, the requirements set out in Sub-Clause 39.2(a) and Sub-Clauses 39.3 and 39.5 are taken not to apply.

39.9 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 San Carlo’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.

39.10 For a change referred to in Sub-Clause 39.1(b):

a) San Carlo must notify the relevant employees of the proposed change; and

b) Sub-Clauses 39.11 to 39.15 apply.

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

39.12 If:

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

b) the employee or employees advise San Carlo of the identity of the representative;

San Carlo must recognise the representative.

39.13 As soon as practicable after proposing to introduce the change, San Carlo must:

a) discuss with the relevant employees the introduction of the change; and

b) for the purposes of the discussion – provide to the employees:

(i) all relevant information about the change, including the nature of the change; and

(ii) information about what San Carlo reasonably believes will be the effects of the change on the employees; and

(iii) information about any other matters that San Carlo reasonably believes are likely to affect the employees: and

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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).

39.14 However, San Carlo is not required to disclose confidential or commercially sensitive information to the relevant employees.

39.15 San Carlo must give prompt and genuine consideration to matters raised about the change by the relevant employees.

39.16 In this clause relevant employees means the employees who may be affected by a change referred to in Sub-Clause 39.1.

40. WORKLOAD MANAGEMENT

40.1 San Carlo is committed to ensuring to ensuring staffing levels are appropriate for the delivery of high quality resident and client care. Employee concerns in relation to workload management should be raised in accordance with the provisions of Clause 49 – Grievance and Dispute Resolution Procedure.

40.2 The following will be considered when determining the staffing levels required:

a) the clinical assessment of resident / client acuity;

b) the maintenance of safe working conditions in accordance with relevant guidelines and statutory Occupational Health and Safety legislation; and

c) professional standards and conduct set down by relevant regulatory bodies.

40.3 Where an employee feels the workloads are unreasonably heavy on a regular basis, then they have a responsibility to discuss their concerns with management.

40.4 Where an employee feels that their workload is heavy or unsafe during a particular shift or heavy workload or acuity is projected for the following shift, they have a responsibility to raise their concerns promptly to the relevant manager. If the employee raising the concerns is not satisfied with the response from the relevant manager they must escalate their concerns in line with Clause 49 – Grievance and Dispute Resolution Procedure of this Agreement.

40.5 San Carlo management has a responsibility to facilitate employees in raising concerns relating to workload, to respond promptly to issues of concern and take appropriate action.

41. LABOUR FLEXIBILITY AND MULTI-SKILLING41.1 San Carlo may direct an employee to carry out such duties as are within the limits of the employee’s skill,

competency and training.

41.2 San Carlo may direct an employee to carry out such duties and use such tools and equipment as may be required, provided the employee possesses the relevant skills and competency to perform such tasks. Where the employee does not possess such skills and competence, appropriate training shall be facilitated.

41.3 Any direction issued by San Carlo pursuant to Sub-Clauses 41.1 and/or 41.2 shall be consistent with San Carlo’s responsibility to provide a safe and healthy working environment for employees, and San Carlo’s duty of care to residents and/or clients.

42. ONGOING TRAINING AND DEVELOPMENT42.1 San Carlo is committed to developing where possible its future workforce from within. As such, all San Carlo

employees will be not only provided with the necessary ongoing training and development to fulfil their current roles but will also be eligible to participate in the San Carlo Workforce Planning and Development Program.

42.2 For all training, each employee shall provide to San Carlo details of their attendance at training and San Carlo shall maintain a record of this attendance.

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42.3 Upon termination of the employee’s employment San Carlo shall provide to the employee a written statement of the training undertaken by the employee.

42.4 Where practicable, training shall be provided to employees during their normal rostered hours of work. Where this is not practicable or possible:

a) Employees will attend training outside their normal rostered working hours when required to do so by San Carlo;

b) San Carlo shall provide employees with two (2) weeks’ notice of the requirement to attend training outside of their normal rostered working hours;

c) Notwithstanding Clause 16 – Overtime, attendance at such training shall be paid at ordinary pay for the period of training;

d) San Carlo requiring an employee to attend training away from their usual workplace shall pay to the employee ordinary pay for time travelling to and from a period of training that is in excess of the time formally taken for that employee to attend work;

e) When receiving travelling time as set out in Sub-Clause 42.4(d), an employee using his or her own vehicle for attendance at such training shall be paid per the kilometre allowance set out in Clause 24.1c) of this Agreement;

f) Training provided outside the normal rostered hours of work shall be arranged so as to allow full-time employees to have at least eight (8) or ten (10) hours off duty before or after training and the end or beginning of their shift, whoever is applicable as set out in Clause 14.1 – Arrangement of Hours. Where practicable, similar arrangements should also be made available to all other employees;

g) Any training undertaken by an employee that occurs at a workplace is not intended to replace or supplement staffing levels and the normal levels of service delivery at such a workplace; and

h) Overtime will not apply where attendance at such training is outside the normal rostered working time of other than full-time employees and where it interrupts the applicable eight (8) or ten (10) hour break between shifts.

43. FIT FOR WORK43.1 San Carlo is responsible for providing a workplace that is safe and without risk to health and safety for

employees, so far as is reasonably practicable.

43.2 Each employee is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and wellbeing of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by San Carlo and any related Occupational Health and Safety requirements.

43.3 In the event the employee’s manager forms a reasonable belief as defined at Clause 8.2 that an employee may be unfit to perform their duties, the manager will discuss their concerns with the employee in a timely manner to promote physical, mental and emotional health so that employees can safely undertake and sustain work.

43.4 San Carlo will:

a) take all reasonable steps to give the employee an opportunity to answer any concerns;

b) recognise the employee’s right to have a representative, including a union representative, at any time when meeting with San Carlo;

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c) genuinely consider the employee’s response with a view to promoting physical, mental and emotional health so that employees can safely undertake and sustain work; and

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d) take these responses into account in considering whether reasonable adjustments can be made in order that the employee can safely undertake and sustain work.

43.5 Where, after discussion with the employee, San Carlo continues to have reasonable belief that the employee is unfit to perform the duties, San Carlo may request the employee’s consent to obtain a report from the employee’s treating medical practitioner regarding the employee’s fitness for work. The employee will advise San Carlo of the employee’s treating medical practitioner, and San Carlo will provide to the employee, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the employee’s treating medical practitioner.

a) The employee will provide a copy of the report to San Carlo.

b) San Carlo and the employee will meet to discuss any report.

43.6 If, on receipt of the report, San Carlo continues to have a reasonable belief that the employee is unfit for duty, or the employee does not provide a report from the treating medical practitioner, San Carlo may require the employee to attend an independent medical practitioner. In such case, the employee will be consulted about the form of the questions to be put to the IME, with the object being to have an agreed set of facts and questions.

43.7 Where the employee attends a medical practitioner under either Clauses 43.5 or 43.6 above:

a) the employee will be provided with a copy of any correspondence to a medical practitioner and any resulting report; and

b) San Carlo will pay for the cost of the appointment and report.

43.8 Nothing in this clause prevents San Carlo from taking any reasonable steps to ensure a safe work environment.

44. CAREER DEVELOPMENT

44.1 The parties are committed to the development of careers through on-the-job and formal training and development. The parties are further committed to supporting employees in progressing and advancing their career at San Carlo.

44.2 San Carlo and each employee will jointly create a career development plan as part of their Performance Management Program Review.

44.3 The career development plan will outline (amongst others):

a) Career pathways at San Carlo for the Employee, and provide reasonable support for the Employee to pursue that pathway (subject to operational requirements); and

b) Ways the Employee can further develop professionally within their current role and provide reasonable support for the employee to so develop.

44.4 To facilitate career development all employees will be able to access the following types of career development activities:

a) Continuing Professional Development; and/or

b) Formal Study Support and Assistance.

44.5 Continuing Professional Development involves an employee’s participation in activities such as in-house training programs and approved attendance at conferences and seminars that are relevant to their work and/or occupation at San Carlo.

44.6 Full time employees will be entitled to up to three (3) days paid leave in each year of service for the purposes of attending Continuing Professional Development activities. Part time employees who work at least three

44

(3) shifts per fortnight shall be entitled to leave under this clause, on a pro rata basis.

45

44.7 Additional paid Continuing Professional Development Leave will be granted on a case by case basis by San Carlo; however, leave for professional development outlined in career development plans will (subject to operational requirements) not be unreasonably refused.

44.8 Continuing Professional Development leave entitlements pursuant to this clause will not accumulate from year to year.

44.9 Formal Study Support involves an employee undertaking a formal qualification to support their employment or career development at San Carlo.

44.10 Employees applying for Formal Study Support and Assistance (except for those staff undertaking minimum education requirements for their current level of work) will require two (2) years continuous employment as a full time or part time employee, with San Carlo, will need to make an application for Formal Study Support and Assistance in accordance with the San Carlo Formal Study Support and Assistance Policy.

44.11 The Employee’s application should include:

a) details of the course and institution or approved education provider in which the Employee is enrolled, or proposes to enrol;

b) details of the relevance of the course to the Employee’s profession or career pathway with reference to their career development plan; and

c) details of any support and assistance (including study and expected examination leave requirements) required from San Carlo.

44.12 San Carlo will notify the employee of whether or not their request for Formal Study Support and Assistance has been approved within 14 days of the application being made in whole or in part.

44.13 Where the course of study is of relevance to the employee’s employment and forms part of an employee’s career development plan, San Carlo will not unreasonably refuse Formal Study Support and Assistance.

44.14 Formal Study Support and Assistance will include study and examination and both types of leave must be taken as mutually agreed, but will be sufficient to support the employee meet course requirements (including examinations) to a maximum of three (3) days unless otherwise agreed by San Carlo.

44.15 Formal Study Support and Assistance leave entitlements pursuant to this clause will not accumulate from year to year.

45. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS45.1 Employees are entitled to request flexible employment arrangements in accordance with the provisions of

the NES.

45.2 Employees who have worked for San Carlo for at least 12 months can request flexible working arrangements if they:

a) are the parent, or have responsibility for the care, of a child who is school aged or younger;

b) are a carer (under the Carer Recognition Act 2010 (Cth));

c) have a disability;

d) are 55 years of age or older;

e) are experiencing family or domestic violence; or

f) provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.

45.3 The employee is not entitled to make the request unless:

46

a) for an employee other than a casual employee – the employee has completed at least 12 months of continuous service with San Carlo immediately before making the request; and

b) for a casual employee – the employee:

(i) is a long term casual employee of San Carlo immediately before making the request; and

(ii) has a reasonable expectation of continuing employment by San Carlo on a regular and systematic basis.

45.4 The request must:

a) be in writing; and

b) set out details of the change sought and of the reasons for the change.

45.5 San Carlo must give the employee a written response to the request within 21 days, stating whether San Carlo grants or refuses the request.

46. AGREEMENT IMPLEMENTATION46.1 During the first six (6) months from the date of approval of this agreement the San Carlo employees who

have been involved in the bargaining process can meet as required to work through any issues arising out of the implementation of this agreement. Any disputes arising from this process will be dealt with in accordance with Clause 49 – Grievance and Dispute Resolution Procedures.

47. UNION NOTICE BOARD47.1 San Carlo shall make available a Union Notice Board in the work location that is accessible to Employees, for

the purpose local Employee Union delegates or approved contacts, or Union Organisers or other Union staff (subject to right of entry requirements), posting information relating to the observance, application and operation of the Agreement and in relation to union events or meetings.

48. DISCIPLINARY PROCEDURES48.1 Where disciplinary action may be necessary, the management representative shall notify the Employee of

the issues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.

48.2 If there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.

48.3 In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.

48.4 In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the Employee.

48.5 Notwithstanding the above process, for serious matters pertaining to conduct or performance San Carlo may also issue a “final warning” in the first instance. A “final warning” shall be such that the employee is notified that in the event that there are further performance or conduct issues the employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.

48.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the union. San Carlo may be represented by the representative of their choice.

48.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s.

47

48.8 Where an employee has not completed their probation period with San Carlo only Clause 35.2 will apply.

49. GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES49.1 If a dispute relates to:

a) a matter arising under this Agreement; or

b) the National Employment Standards including a dispute concerning refusals on reasonable business grounds under s.65 or s.76 of the FW Act; this term sets out procedures to settle the dispute.

49.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.

49.3 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.

49.4 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.

49.5 The Fair Work Commission may deal with the dispute in two stages:

a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by 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 the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that the 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.

49.6 While 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 her health or safety; and

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

(i) the work is not safe; or

(ii) applicable workplace 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.

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

4

Print Full Name: Rhonda Joiner Address: 970 Plenty Rd, South Morang

Signed by wit ness: =· :._ ,,,__ ::_.:::........,:::..,::_--=.::...,_-----

EXECUTION PAGES

Signed for and on behalf of San Carlo Homes for the Aged by its duly authorised officer:

Position: Chief Executive Officer

Print Full Name: C if--<tS 7o,,?rr ,€ I\A:?iG I- t-t/fo$/7J' C Ci ?,7Address: 3 S L..4-7?1c,..g/l/(1 4 L/'tf/1/t/e'

Date: l 1 . / 1l_ I 20 17

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

gne y 1tness Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

Name of Witness

q"jo PL- An7 flol'lb S0t.trf1 /'10PAl<l4 I/IE.

Address of Witness

Date: !1 /-11120 Ii

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EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Name of Witness

Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

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Address of Witness

Date: 11 / J.1_/20 11

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

Name of Witness

Cf!? flk![1 Address of Witness

Date: \1. / _ll; 20 \1

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4

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Name of Witness

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Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

9] 0 futvf' J fl.o,, , IJ , SO<., (( // / /6PN( i v r c .Address of Witness

Date: 11 / _ll_/20 17

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations: ::t Signed by Witness

Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

Name of Witness

° F1o P@T7 , Soo-rr1 /110/IA Alt,, V rc_ •

Address of Witness

Date: 11. /J.1_/20 17

4

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Name of Witness

Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

CJ=/0 fl.EIJ-rf /?otJi) J'!Vrt] l"loNWCi VIL.

Address of Witness

Date: 11 / l1 / 20 11

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Signed by Witness

Name of Witness

Name of the San Carlo Enterprise Bargaining Committee Member

Address: 970 Plenty Rd, South Morang VIC3752

1jo f lu ) ? ' /4 ) ! ), St:Xir n l'lotk.Jc, . VlL.

Address of Witness

Date: 11. / -1..l_ / 20 17

4

3752

Name of Witness

Address of Witness

Date: / /20

EXECUTED by a SAN CARLO ENTERPRISEBARGAINING COMMITTEE on behalf of those employees who are not members of the below industrial organisations:

Signed by Witness

Name of the San Carlo Enterprise Bar, ing Committee Member /

Address: 970 Plenty Rd, orang VIC

4

EXECUTED by on behalf of those employees who are members of the AUSTRALIAN NURSING AND MIDWIFERY FEDERATION:

Signed by WitnessName of the Australian Nursing and Midwifery Federation representative

Name of Witness

Address of Witness

Date: / _\ \ _ / 20J:L ·

4

EXECUTED by on behalf of those employees who are members of the HEALTH SERVICES UNlpN:

Signed by Witn /Name of the Health Services Union representative

Name of Witness

f"/ /J._ J<I I Nti-S hi/J!-1A d re s s of Wit nes' s J'o V7/1 MtltrJvl/l,p-;

Date: k ; Jii2ofl_

4

SCHEDULE A – CLASSIFICATION STRUCTURELevel Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration

1 X X X X X2 X 3 X 4 5 X 6 X X X7 X X X X X

LEVEL 1 - Entry Level (Facility Support and Maintenance Stream)

Required Knowledge & Skills

Basic literacy and communication skills (in English). Sufficient technical skills to operate equipment routinely used in positions at this level. Understands the importance of personal hygiene and the application of personal hygiene standards in a workplace. Understands the importance of safe work practices and their own personal responsibility to ensure a safe workplace.

Application of Knowledge & Skills

Participates as a member of a team. Undertakes further learning as required to fulfil the tasks required by San Carlo, including mandatory training. Applies knowledge and skills to a limited range of tasks. Capable of communicating a range of information in relation to the role performed so that it is understood and acted on as appropriate. Capable of communicating with staff at all levels of the San Carlo, providing feedback that is relevant to their role and the standard of resident care. Works with limited autonomy within established rules and procedures. Complies with documentation requirements.

Educational Requirements

Minimum completion of Year 10 or equivalent

Level ofSupervision

Works under direct supervision of a team leader or supervisor.

Progression requirements tothe next level

Progression beyond this level requires the completion of the mandatory employee induction and orientation program. The employee must be capable of demonstrating a basic understanding of the functions and requirements of the role that they will move into at Level 2 and the policy compliance expectations of San Carlo. Assessment of this understanding will occur after completing no more than 152 hours worked at San Carlo at Level 1.

Indicative Roles

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care AdministrationNot applicable Not Applicable Not Applicable Kitchen Hand,

Cleaner, Laundry Worker unqualified with no aged care experience.

Maintenance Worker and Gardner - unqualified with no aged careexperience.

Home Care Worker– unqualified with no aged care experience.

Not Applicable

5

LEVEL 2

Required Knowledge & Skills

An employee at this level can perform the duties of Level 1. Effective literacy and communication skills (in English) at the level required to fulfil activities at this Level. Sufficient technical skills to operate equipment used in positions at this level. Understands the importance of personal hygiene and the application of personal hygiene standards in a workplace and infection control. Understands the importance of safe work practices in particular manual handling and their own personal responsibility to ensure a safe workplace. Basic awareness of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all legislation applying to their

specific responsibilities.Application of Knowledge & Skills

Participates as a member of a team and/or works individually. Operates with some autonomy and judgement in the completion of own defined and routine tasks. May exercise some flexibility, discretion and minor decision making within the scope of practice. Accountable for the quality, quantity and timeliness of their own work. Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

customer service. Capable of communicating a range of information in relation to the role performed so that it is understood and acted on as appropriate. Understands and works within established procedures.

Educational Requirements

Relevant experience/on-the-job training commensurate with the requirements of work in this level. Undertaking Certificate III in Individual Support Ageing or other relevant qualifications acceptable to the role and San Carlo.

Level of Supervision

Works under general supervision of a team leader or supervisor. Employees at this level may assist others in the supervision of the work of a worker at Level.

Progression requirements to the next level

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient by San Carlo. Progression beyond this level will require the employee to successfully complete the necessary qualifications to move to level 3 plus a Job PerformanceAssessment in line with their existing Position Description by San Carlo management. Movement to a higher classification will only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

Indicative Roles

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Personal Care

Worker– unqualified with no aged care experience (entry level).

Leisure and Lifestyle Worker – unqualified with no aged care experience (entry level)

Not Applicable Kitchen Hand, Cleaner, Laundry Worker unqualified who meets the assessment criteria of Level 1

Maintenance Worker and Gardner - unqualified who meets the assessment criteriaof Level 1

Home Care Worker– unqualified with no aged care experience (entry level)

Administration Worker– unqualified with no aged care experience (entry level).

5

LEVEL 3

Required Knowledge & Skills

An employee at this level can and may perform the indicative tasks of a Level 2 employee. Comprehensive literacy and communication skills (in English) required to fulfil activities at this Level. Able to convey job related technical information to a variety of stakeholders including other staff, residents, clients and their families. Understands the importance of personal hygiene and the application of personal hygiene standards in a workplace and infection control. Understand the importance of professional dress standards as outlined in the San Carlo Dress Code. Understands the importance of safe work practices in particular manual handling and their own personal responsibility to ensure a safe workplace. General awareness and understanding of San Carlo policies and procedures. General awareness and understanding of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all

legislation applying to their specific responsibilities.Application of Knowledge & Skills

Participates in the workplace as a member of a team or works individually. May exercise autonomy and judgement in the completion of own defined and routine tasks. May exercise flexibility, discretion and decision making within the scope of practice. May be required to lead the work of others in non-clinical areas such as Kitchen, Laundry and Cleaning. May be required to perform functions of staff at lower levels as required. Accountable for the quality, quantity and timeliness of their own work. Applies and communicates known solutions to a variety of predictable problems. Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

customer service. Undertakes work effectively and efficiently in accordance with acquired skills and competence. Understands and promotes efficient work practices for other employees within established San Carlo all policies and procedures.

Educational Requirements

Certificate III in Individual Support Ageing or another Certificate III level qualification that is in line with their specific responsibilities. Residential Care and/or Home Care employees may have Medication Module – “Assists Clients with Medication” (CHCCS305C) where

medication is administered from Webster packs.Level of Supervision

Works under minimal supervision. Employees at this level may direct and train other workers particularly those staff working in the Facility Support stream.

Progression requirements to the next level

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient by San Carlo. Progression beyond this level will require the employee to successfully complete the necessary qualifications to move to level 4 and a Job Performance Assessment in line with their existing Position Description by San Carlo management. Movement to a higher classification will only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

Indicative Roles:

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Personal Care

Worker – Certificate III qualified

Leisure and Lifestyle Worker – Certificate III qualified

Not Applicable Unqualified Cook Cleaning

Team Leader Laundry

Team Leader

Qualified tradesperson where a Certificate III qualification is required.

Home Care Worker– Certificate III qualified

Administration Worker – Certificate III qualified

5

LEVEL 4

Required Knowledge & Skills

An employee at this level can perform the duties of a Level 3 Employee. Strong literacy and communication skills (in English) at the level required to fulfil activities at this Level. Accountable for the quality, quantity and timeliness of their own work and the work of others. Able to convey job related technical information to a variety of stakeholders including other staff, residents, clients and their families. Applies and communicates solutions to a variety of predictable and non-predictable problems. Understands and promotes the importance of personal hygiene and application of personal hygiene standards in a workplace and infection control. Understand the importance of professional dress standards as outlined in the San Carlo Dress Code. Understands the Aged Care Funding Instrument (ACFI) to the extent that it applies to the scope of their role. Understands and promotes importance of safe work practices in particular manual handling and their personal responsibility to ensure safe

workplace. Detailed awareness and understanding of San Carlo policies and procedures. Detailed awareness and understanding of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all

legislation applying to their specific responsibilities.Application of Knowledge & Skills

Participates in the workplace as a team leader / supervisor or works individually. Responsible for own tasks and activities which may be specialised. Responsible for organising and supervising others. Exercises flexibility, autonomy and judgement. Applies specialist technical skills, procedures and practices to deal with situations which at times may be under unexpected circumstances. Identifies, analyses, compares and acts on information from a range of sources. Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

supervision and customer service.Educational Requirements

Certificate IV in Ageing Support, Certificate IV in Allied Health Assistance (or other acceptable qualification as deemed relevant by San Carlo) (or equivalent); OR

Relevant experience/on-the-job training commensurate with the requirements of work in this level, AND Residential and Home Care employees will have Medication Module “Administer and Monitor Medications” (CHCCS424B) if required to

administer medication.Level ofSupervision

Works under minimal supervision.

Progression requirements to the next level

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient by San Carlo. Progression beyond this level will require the employee to successfully complete the necessary qualifications and registration requirements (as appropriate) to move to level 5 and a Job Performance Assessment in line with their existing Position Description by San Carlo management.Movement to a higher classification will only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

Indicative Roles

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Personal Care

Worker – Certificate IV qualified

Leisure and Lifestyle Therapist – Certificate IV qualified

Physio Aid - Certificate IV qualified

Qualified Chef Maintenance Supervisor

Home Care Coordinator– Certificate IV qualified

Receptionist AP Clerk AR Clerk Quality Coordinator

5

LEVEL 5

Required Knowledge & Skills

An employee at this level can perform the duties of a Level 4 employee. Strong literacy and communication skills (in English) at the level required to fulfil activities at this Level. Accountable for the quality, quantity and timeliness of their own work and the work of others. Able to convey job related technical information to a variety of stakeholders including other staff, residents, clients and their families. Applies and communicates solutions to a variety of predictable and non-predictable problems. Understands and promotes the importance of personal hygiene, application of personal hygiene standards in a workplace and infection control. Understand the importance of professional dress standards as outlined in the San Carlo Dress Code. Understands and promotes importance of safe work practices in particular manual handling and their personal responsibility to ensure safe

workplace. Understands and contributes to the Aged Care Funding Instrument (ACFI) for the facility. Comprehensive understanding of San Carlo policies and procedures. Comprehensive understanding of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all legislation applying to

their specific responsibilities.Application of Knowledge & Skills

Exercises any and all supervisory functions in relation to the operation of the units. Ensures that all documentation requirements both legislative and as determined by San Carlo are met. Responsible for own tasks and activities. Identifies, analyses, compares and acts on information from a range of sources and exercises flexibility, autonomy and sound judgement in dealing

with a range of issues. Knowledge of rostering practices and the ability to put that knowledge into practice. Contribute to the Aged Care Funding Instrument (ACFI) documentation as required by the role. Applies specialist technical skills, procedures and practices to deal with situations which may be in unexpected or frequently changing circumstances. Maintain registration with AHPRA. Able to demonstrate fully the medication competencies that required to fulfil the inherent professional responsibilities of their role. Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

supervision and customer service.Educational Requirements

Diploma of Nursing (or equivalent) or other acceptable Diploma level qualification as deemed relevant and appropriate by AHPRA and/or appropriate by San Carlo for the role.

Relevant experience/on-the-job training commensurate with the requirements of work in this level. Enrolled nurses registered with AHPRA who have completed the Cert IV qualification and have medication endorsement are included at this level.

Level ofSupervision

Works under general guidance from the Nurse in Charge or the relevant manager.

Progression requirements to the next level

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient by San Carlo. Progression beyond this level will require the employee to successfully complete the necessary qualifications and registration requirements (as appropriate) to move to level 6 and a Job Performance Assessment in line with their existing Position Description by San Carlo management. Movement to a higher classificationwill only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

Indicative Roles

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Diploma Qualified (or

recognised Diversional Therapist –

Diploma Qualified – Diploma

qualified Senior Chef –

Qualified Not Applicable Senior Home Care

Coordinator Payroll Officer HR Officer

5

equivalent)Endorsed Enrolled

responsible for designing Allied responsiblefor rostering, ordering,

responsible for

5

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care AdministrationNurse responsible for a unit

and managing a whole of San Carlo life style program

Health Professional

menu development and costing

multiple Home Care Coordinators

Assistant Accountant

LEVEL 6

Required Knowledge & Skills

An employee at this level can perform the duties of a Level 5 employee. Strong literacy and communication skills (in English) at the level required to fulfil activities at this Level. Accountable for the quality, quantity and timeliness of their own work and the work of others. Able to convey job related technical information to a variety of stakeholders including other staff, residents, clients and their families. Applies and communicates solutions to a variety of predictable and non-predictable problems. Understands and promotes importance of personal hygiene and application of personal hygiene standards in a workplace and infection control. Understand the importance of professional dress standards as outlined in the San Carlo Dress Code. Understands and promotes importance of safe work practices in particular manual handling and their personal responsibility to ensure safe

workplace. Understand the requirements of the Aged Care Funding Instrument (ACFI). Comprehensive understanding of San Carlo policies and procedures. Comprehensive understanding of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all legislation applying to

their specific responsibilities.Application of Knowledge & Skills

Exercises any and all supervisory functions in relation to the operation of the units. Ensures that all documentation requirements both legislative and as determined by San Carlo are met. Responsible for own tasks and activities. Responsible for organising and supervising others. May be in charge of the facility in the absence of management (night) Identifies, analyses, compares and acts on information from a range of sources and exercises flexibility, autonomy and sound judgement in dealing

with a range of issues. Complete and/or oversee the completion of the Aged Care Funding Instrument (ACFI) documentation. Applies specialist technical skills, procedures and practices to deal with situations which may be in unexpected or frequently changing circumstances. Maintain registration with AHPRA. Able to demonstrate fully the medication competencies that required to fulfil the inherent professional responsibilities of their role. Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

supervision and customer service.Educational Requirements

Bachelor Degree in Nursing or an Allied Health discipline (or equivalent) or other acceptable Bachelor Degree level qualification as deemed relevant by San Carlo for the role.

Relevant experience/on-the-job training commensurate with the requirements of work in this level.Level ofSupervision

Works under general guidance from staff performing roles at a higher level or senior management.

Progression requirements to the next level

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient by San Carlo. Progression beyond this level will require the employee to successfully complete the necessary qualifications and registration requirements (as appropriate) to moveto level 7 and a Job Performance Assessment in line with their existing Position Description by San Carlo management. Movement to a higher classification will only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

Indicative Roles:

5

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Graduate Nurse at

Level 6.1 Registered Nurse

Diversional Therapist – Degree Qualified – responsible for designingand managing a whole of San Carlo life style program

Degree qualified Allied Health Professional

Not Applicable Not Applicable Not Applicable Not Applicable

LEVEL 7

Required Knowledge & Skills

An employee at this level can perform the duties of a Level 6 employee. Strong literacy and communication skills (in English) at the level required to fulfil activities at this Level. Accountable for the quality, quantity and timeliness of their own work and the work of others. Able to convey job related technical information to a variety of stakeholders including other staff, residents, clients and their families. Applies and communicates solutions to a variety of predictable and non-predictable problems. Understands and promotes the importance of personal hygiene, application of personal hygiene standards in a workplace and infection control. Understand the importance of professional dress standards as outlined in the San Carlo Dress Code. Understands and promotes importance of safe work practices in particular manual handling and their personal responsibility to ensure safe

workplace. Awareness of budgets within framework of their role. Comprehensive understanding of San Carlo policies and procedures. Comprehensive understanding of The Aged Care Act 1997, Aged Care Principles and Accreditation Standards, including all legislation applying to

their specific responsibilities.Application of Knowledge & Skills

Exercises any and all supervisory functions in relation to the operation of the units. Ensures that all documentation requirements both legislative and as determined by San Carlo are met. Responsible for own tasks and activities. Responsible for organising and supervising others. Identifies, analyses, compares and acts on information from a range of sources and exercises flexibility, autonomy and sound judgement in dealing

with a range of issues. Complete and/or oversee the completion of the Aged Care Funding Instrument (ACFI) documentation. Applies specialist technical skills, procedures and practices to deal with situations which may be in unexpected or frequently changing circumstances. Maintain registration with AHPRA. Able to demonstrate fully the medication competencies that required to fulfil the inherent professional responsibilities of their role Undertake further learning as required to fulfil the tasks required by San Carlo, including mandatory training and skill based education such as

supervision and customer service.Educational Requirements

Bachelor Degree in Nursing or an Allied Health discipline (or equivalent) or other acceptable Bachelor Degree level qualification (or equivalent) as deemed relevant by San Carlo for the role; and

Post graduate qualifications in Nursing or an Allied Health discipline (or equivalent); Relevant experience/on-the-job training commensurate with the requirements of work in this level.

Level ofSupervision

Works under general guidance from management.

Progression requirements

An employee at this level will undertake training relevant to the position and their stream to enable them to be deemed proficient. Progression beyond this level will require the employee to successfully complete a Job Performance Assessment in line with their existing Position Description by San Carlo management. Movement to a higher classification will only occur by way of promotion or re-classification as required by San Carlo to perform at this level.

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Indicative Roles:

Residential Care Lifestyle Allied Health Facility Support Maintenance Home Care Administration Registered Nurse in

Charge of the Hostel at Level 7.1

Registered Nurse in Charge of Facility at 7.3

Nurse Educator

Not Applicable. Senior Physiotherapist.

Not Applicable. Not Applicable. Not Applicable. Not Applicable.

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SCHEDULE B – TRANSITION TABLEThe purpose of this table is to demonstrate the translation from the classifications contained in the old Enterprise Agreements to the proposed structure in the new Enterprise Agreement.

Current Wage Groups Current Hourly Wage Rate New Structure Level Proposed Wage Rate on Translation

Wage Group 1 - Laundry, Cleaners, Kitchen HandYear 1 21.2750 Level 1.1 21.7537Year 2 21.4092 Level 2.1 21.8909Year 3 21.5526 Level 2.1 21.8909Year 4 21.6142 Level 2.1 21.8909Year 5 21.7209 Level 2.1 21.8909Year 6 21.82.74 Level 2.2 22.2096Wage Group 2 – Cleaners, Kitchen Hands, House Keepers, LaundryOperatorsYear 1 21.9563 Level 2.2 22.2096Year 2 22.0905 Level 2.2 22. 2096Year 3 22.2339 Level 2.3 22.5875Year 4 22.2954 Level 2.3 22. 5875Year 5 22.4020 Level 2.4 23.0152Year 6 22.5087 Level 2.4 23.0152

PCW or L&L UnqualifiedYear 1 22.3621 Level 2.5 23.1490Year 2 22.4962 Level 2.5 23.1490Year 3 22.6396 Level 2.6 23. 3211Year 4 22.7012 Level 2.6 23.3211Year 5 22.8079 Level 2.7 23.4300Year 6 22.9145 Level 2.7 23.4300Wage Group 3 - PCW CertIIIYear 1 23.3692 Level 3.1 23.8950Year 2 23.5033 Level 3.2 24.0321Year 3 23.6466 Level 3.3 24.1787Year 4 23.7083 Level 3.4 24.2417Year 5 23.8149 Level 3.5 24.3507Year 6 23.9215 Level 3.6 24.4597

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Current Wage GroupsCurrent Hourly Wage Rate New Structure Level Proposed Wage Rate on

Translation

Wage Group 4 - Cert IV PCW, L&L Cert IIIYear 1 24.2872 Level 4.1 24.7730Year 2 24.4215 Level 4.2 24.9099Year 3 24.5648 Level 4.3 25.0561Year 4 24.6265 Level 4.4 25.1190Year 5 24.7331 Level 4.5 25.2277Year 6 24.8396 Level 4.6 25.3364EENPay Point 3 27.7453 Level 5.1 28.3002Pay Point 4 28.2576 Level 5.2 28.8228Pay Point 5 28.6606 Level 5.3 29.2338Pay Point 6 29.1968 Level 5.4 29.7808Pay Point 7 29.7091 Level 5.5 30.3032Pay Point 8 30.1872 Level 5.6 30.7909RNGraduate 27.3185 Level 6.1 27.8649Grade 2Year 1 28.0870 Level 6.2 30.0388Year 2 29.4498 Level 6.2 30.0388Year 3 30.7305 Level 6.3 31.3451Year 4 32.1754 Level 6.3 32.3451Year 5 33.6269 Level 6.4 35.7766Year 6 35.0751 Level 6.4 35.7766Grade 3AYear 1 38.4476 Level 6.5 39.2165Year 2 39.0354 Level 6.5 39.2165Grade 4AYear 1 41.8562 Level 6.6 43.8255Year 2 42.9662 Level 6.6 43.8255Grade 4BYear 1 43.9511 Level 7.1 44.8301Year 2 45.0529 Level 7.2 45.9539Grade 5Grade 5 51-200 45.9315 Level 7.3 46.8502

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SCHEDULE C – WAGE RATE SCHEDULE

Structure Level Base Hourly Rates on Translation

Base Hourly Rates effective first full pay period on or after 1/7/18

Base Hourly Rates effective first full pay period on or after 1/7/19

Base Hourly Rates effective first full pay period on or after 1/7/20

Level 1.1 21.7537 22.2432 22.7436 23.2554

Level 2.1 21.8909 22.3834 22.8871 23.4020

Level 2.2 22.2096 22.7093 23.2203 23.7427

Level 2.3 22.5875 23.0957 23.6154 24.1467

Level 2.4 23.0152 23.5330 24.0625 24.6039

Level 2.5 23.1490 23.6699 24.2024 24.7470

Level 2.6 23.3211 23.8458 24.3824 24.9310

Level 2.7 23.4300 23.9572 24.4962 25.0474

Level 3.1 23.8950 24.4326 24.9824 25.5445

Level 3.2 24.0321 24.5728 25.1257 25.6910

Level 3.3 24.1787 24.7227 25.2790 25.8478

Level 3.4 24.2417 24.7871 25.3448 25.9151

Level 3.5 24.3507 24.8986 25.4588 26.0316

Level 3.6 24.4597 25.0100 25.5728 26.1482

Level 4.1 24.7730 25.3304 25.9003 26.4831

Level 4.2 24.9099 25.4704 26.0435 26.6294

Level 4.3 25.0561 25.6199 26.1963 26.7857

Level 4.4 25.1190 25.6842 26.2621 26.8530

Level 4.5 25.2277 25.7953 26.3757 26.9692

Level 4.6 25.3364 25.9065 26.4894 27.0854

Level 5.1 28.3002 28.9370 29.5880 30.2538

Level 5.2 28.8228 29.4713 30.1344 30.8124

Level 5.3 29.2338 29.8916 30.5641 31.2518

Level 5.4 29.7808 30.4509 31.1360 31.8366

Level 5.5 30.3032 30.9850 31.6822 32.3950

Level 5.6 30.7909 31.4837 32.1921 32.9164

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Structure Level Base Hourly Rates on Translation

Base Hourly Rates effective first full pay period on or after 1/7/18

Base Hourly Rates effective first full pay period on or after 1/7/19

Base Hourly Rates effective first full pay period on or after 1/7/20

Level 6.1 27.8649 28.4919 29.1329 29.7884

Level 6.2 30.0388 30.7147 31.4058 32.1124

Level 6.3 31.3451 32.0504 32.7715 33.5089

Level 6.4 35.7766 36.5816 37.4047 38.2463

Level 6.5 39.2165 40.0989 41.0011 41.9236

Level 6.6 43.8255 44.8116 45.8198 46.8508

Level 7.1 44.8301 45.8388 46.8701 47.9247

Level 7.2 45.9539 46.9879 48.0451 49.1261

Level 7.3 46.8502 47.9043 48.9822 50.0843

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SCHEDULE D – ALLOWANCES

Item No. Brief Description

Clause

No.On Approval

1. Uniform 24.2 $1.25 per shift

2. Laundry 24.2 33 cents per shift

3. Meal Allowance (if not provided) 24.3 $12.62 per shift

4. Seniors Allowance 24.4 10% of the applicable base rate

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SCHEDULE E – SUPPORTED WAGE SYSTEM (SWS)E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability

are eligible for a supported wage under the terms of this Agreement.

E.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

relevant minimum wage means the minimum wage prescribed in this Agreement for the class of work for which an employee is engaged.

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full Agreement wages because of a disability, as documented in the Supported Wage System Handbook. This Handbook is available from the following website: www.jobaccess.gov.au.

SWS wage assessment agreement means the document in form required by the Department of Education, Employment and Workplace Relations that records the employee’s capacity and agreed wage rate.

E.3 Eligibility criteria

E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

E.3.2 This schedule does not apply to any existing employee who has a claim against San Carlo which is subject to the provisions of workers compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.

E.4 Supported wage rates

E.4.1 Employees whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (Clause C5)

Relevant minimum wage

% %10 1020 2030 3040 4050 5060 6070 7080 8090 90

E.4.2 Provided that the minimum amount payable must be not less than $84 per week.

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E.4.3 Where an employee’s assessed capacity is 10 per cent they must receive a high degree of assistance and support.

E.5 Assessment of capacity

E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted San Carlo and employee and, if the employee so desires, a union which the employee is eligible to join.

E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by San Carlo as a time and wages record in accordance with the Act.

E.6 Lodgement of SWS wage assessment agreement

E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by San Carlo with Fair Work Commission.

E.6.2 All SWS wage assessment agreements (SWSA) must be agreed and signed by the employee and employer parties to the assessment. Where a union, party to this agreement, is not a party to the SWSA, the assessment will be referred by Fair Work Commission to the union by certified mail and the SWSA will take effect unless an objection is notified to Fair Work Commission within ten (10) working days.

E.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

E.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered under the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this Agreement on a pro rata basis.

E.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re- design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

E.10 Trial period

E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four (4) weeks) may be needed).

E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

E.10.3 The minimum amount payable to the employee during the trial period must be no less than $84 per week.

E.10.4 Work trials should include induction or training as appropriate to the job being trialled.

E.10.5 Where San Carlo and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.

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SCHEDULE F – NATIONAL TRAINING WAGE NON-NURSING STAFFF.1 Title

This National Training Wage Schedule applies only to trainees who, but for the operation of this agreement, would be covered by the Aged Care Award 2010 and/or the Social, Community, Home Care and Disability Services Industry Award 2010.

F.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in the Wage Level A, B or C if covered by that wage level.

approved training means the training specified in the training contract.

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training.

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

b) include any period during which a trainee repeats a whole year or part year of schooling beyond Year 10; and

c) not include any period during a calendar year in which a year of schooling is completed.

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation.

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; and

Western Australia: Vocational Education and Training Act 1996.

trainee is an employee undertaking a traineeship under a training contract.

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meet the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification.

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority.

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training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package.

year 10 includes any year before Year 10.

F.3 Coverage

F.3.1 Subject to Clauses F.3.2 to F.3.6 of this schedule, this schedule applies in respect of an employee covered by this Agreement who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Clause D.5 to this schedule or by Clause D.5.4 of this schedule.

F.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III is listed in Clause F.5 of this schedule.

F.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as to an existing apprenticeship in an Award as at 25 June 1997.

F.3.4 This schedule does not apply to qualifications not identified in training packages or to qualification in training packages which are not identified as appropriate for a traineeship.

F.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this Agreement dealing with traineeships, the other terms and conditions of this Agreement prevail.

F.3.6 At the conclusion of this traineeship, this schedule ceases to apply to the employee.

F.4 Types of traineeship

The following types of traineeship are available under this schedule:

F.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20 per cent of ordinary hours being approved training; and

F.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20 per cent of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

F.5 Minimum wages

F.5.1 Minimum wages for full-time traineeships

a) Wage Level A

Subject to Clause F.5.3 of this schedule, the minimum wage for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A are:

Highest year of schooling completedYear 10 per week Year 11 per week Year 12 per week$ $ $

School leaver 312.20 343.80 409.60Plus 1 year out of school 343.80 409.60 476.60Plus 2 years out of school 409.60 476.60 554.70Plus 3 years out of school 476.60 554.70 635.10Plus 4 years out of school 554.70 635.10Plus 5 or more years out of school 635.10

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b) Wage Level B

Subject to Clause F.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B are:

Highest year of schooling completedYear 10 per week Year 11 per week Year 12 per week$ $ $

School leaver 312.20 343.80 398.50Plus 1 year out of school 343.80 398.50 458.40Plus 2 years out of school 398.50 458.40 537.60Plus 3 years out of school 458.40 537.60 613.20Plus 4 years out of school 537.60 613.20Plus 5 or more years out of school 613.20

c) Wage Level C

Subject to Clause F.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C are:

Highest year of schooling completedYear 10 per week Year 11 per week Year 12 per week$ $ $

School leaver 312.20 343.80 398.50Plus 1 year out of school 343.80 398.50 448.60Plus 2 years out of school 398.50 448.60 501.20Plus 3 years out of school 448.60 501.20 558.40Plus 4 years out of school 501.20 558.40Plus 5 or more years out of school 558.40

d) AQF Certificate Level IV traineeships

(i) Subject to Clause F.5.3 of this schedule, the minimum wages for a trainee undertaking a full- time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8 per cent to those minimum wages.

(ii) Subject to Clause F.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Level III traineeship:

Wage level First year of traineeship

per week

Second and subsequentyears of traineeship per week

$ $Wage Level A 659.60 685.10Wage Level B 636.30 660.80Wage Level C 579.10 601.00

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F.5.2 Minimum wages for part-time traineeships

a) Wage Level A

Subject to Clause F.5.2(f) and F.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A are:

Highest year of schooling completedYear 10$ per hour

Year 11$ per hour

Year 12$ per hour

School leaver 10.27 11.32 13.48Plus 1 year out of school 11.32 13.48 15.69Plus 2 years out of school 13.48 15.69 18.24Plus 3 years out of school 15.69 18.24 20.88Plus 4 years out of school 18.24 20.88Plus 5 or more years out of school 20.88

b) Wage Level B

Subject to Clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B are:

Highest year of schooling completedYear 10$ per hour

Year 11$ per hour

Year 12$ per hour

School leaver 10.27 11.32 13.12Plus 1 year out of school 11.32 13.12 15.08Plus 2 years out of school 13.12 15.08 17.70Plus 3 years out of school 15.08 17.70 20.18Plus 4 years out of school 17.70 20.18Plus 5 or more years out of school 20.18

c) Wage Level C

Subject to Clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C are:

Highest year of schooling completedYear 10$ per hour

Year 11$ per hour

Year 12$ per hour

School leaver 10.27 11.32 13.12Plus 1 year out of school 11.32 13.12 14.75Plus 2 years out of school 13.12 14.75 16.48Plus 3 years out of school 14.75 16.48 18.37Plus 4 years out of school 16.48 18.37Plus 5 or more years out of school 18.37

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d) School-based traineeships

Subject to Clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate I-III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C are as follows when the trainee works ordinary hours:

Year 11 or lower$ per hour Year 12

$ per hour10.27 11.32

e) AQF Certificate Level IV traineeships

(i) Subject to Clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level traineeship with the addition of 3.8 per cent to those minimum wages.

(ii) Subject to Clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level First year of traineeship

Per hour

Second and subsequentyears of traineeship Per hour

$ $Wage Level A 21.69 22.54Wage Level B 20.91 21.72Wage Level C 19.05 19.78

f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate minimum wage is obtained by multiplying the relevant minimum wage in Clauses F.5.2(a)-(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or TAFE, the relevant minimum wage in Clauses F.5.2(a)-(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in Clauses F.5.2(a)-(e) of this schedule minus 20 per cent applies to each ordinary hour worked by the trainee.

F.5.3 Other minimum wage provisions

a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate III to an AQF Certificate IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF Certificate level.

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F.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate I-III traineeship whose training package and AQF Certificate level are not allocated to a wage level by Clause D5 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF Certificate Level are allocated to Wage Level B.

F.6 Employment Conditions

F.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25 per cent on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided where the trainee works on a public holiday then the public holiday provisions of this Agreement apply.

F.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

F.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for San Carlo for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

F.6.4 Subject to Clause F.3.5 of this schedule, all other terms and conditions of this Agreement apply to a trainee unless specifically varied by this schedule.