Kimberley Accommodation Multi-Enterprise Bargaining Agreement 2009

1

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional 
instruments

Kimberley Accommodation (East) Pty Ltd 
Kimberley Accommodation (West) Pty Ltd 
(AG2024/4767)

KIMBERLEY ACCOMMODATION MULTI-ENTERPRISE 
BARGAINING AGREEMENT 2009

Hospitality industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS 
DEPUTY PRESIDENT SLEVIN

SYDNEY, 15 JANUARY 2025

Application to extend the default period for the Kimberley Accommodation Multi-Enterprise 
Bargaining Agreement 2009

[1] Kimberley Accommodation (East) Pty Ltd and Kimberley Accommodation (West) Pty 
Ltd (the Applicants) have applied pursuant to subitem 30A(4) of Sch 7 to the 
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the 
Transitional Act), to extend the default period for the Kimberley Accommodation Multi-
Enterprise Bargaining Agreement 2009 (the Agreement).

[2] An earlier application was made pursuant to 30A(4) of Sch 7 to the Transitional Act to 
extend the default period of the Agreement. In a decision issued on 22 March 2024 the Full 
Bench considered that as the Applicants were engaged in bargaining for a replacement 
agreement the requirements in subitem (6)(a) were met and it was appropriate in the 
circumstances to extend the Agreement.1

[3] A replacement agreement has now been made and an application has been lodged 
pursuant to s. 185 of the Fair Work Act 2009 (FW Act) for the approval of that agreement. The 
current application seeks to extend the Agreement until the replacement agreement is approved.  
The application is made, in accordance with subitem (6)(b), on the ground that it is reasonable 
in the circumstances to extend the default period. At the time the current application was made 
the replacement agreement had not yet been approved by the Commission.

1 [2024] FWCA 1032

[2025] FWCFB 9 [Note: A copy of the zombie agreement to which this 
decision relates (AE874717) is available on our website.]

DECISION


AUSTRALIA FairWork Commission




 

https://www.fwc.gov.au/document-search/view/3/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZW50ZXJwcmlzZWFncmVlbWVudHMvMjAxMC8zL2FlODc0NzE3LnBkZg2?sid=&q=AE874717


[2025] FWCFB 9

2

[4]   We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the 
default period for the Agreement. We will extend the Agreement until 14 March 2025. Should 
the replacement agreement be approved the Agreement will be replaced by that agreement. If 
the approval application is unsuccessful the Agreement will terminate on 14 March 2025 and 
the relevant modern award will apply.  

[5] Pursuant to item 30(4) of Sch 7 to the Transitional Act, we order that the default period 
for the Agreement is extended until 14 March 2025.

[7] The Agreement is published, in accordance with subitem 30(9A), on the Fair Work 
Commission’s website.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE874717 PR783302


OF THE FAIR WORK! L MISSION THE SEA




 



KIMBERLEY ACCOMMODATION

MUlTI...ENTERPRISE BARGAINING AGREEMENT 2009

""
Kimberley Accommodation November 09 Page 1











kimberley ACCOMMODATION KIMBERLEY ACCOMMODATION MULTI-ENTERPRISE BARGAINING AGREEMENT 2009 6 7 8 9 10 11 12 AM 1 PM 1 RECEIVED 1234 567 8 4.5 n 1 1 DEC 2009 FAIR WORK AUSTRALIA WESTERN AUSTRALIA AM 1 2 3 4 9 10 11 12 PM Kimberley Accommodation November 09 Page 1




 



1.0 MEMORANDUM OFAGREEMENT

Memorandum of Agreement between Kitmyth Pty ltd asTrustee for Peirson-JonesFamily Trust No.4 ABN #. 1398 304

5875, Kireen Nominees asTrustee for Peirson-Jones Investment Trust ABN 1* 13745 773 628, Kitrnvth Ptv Ltd asTrustee

for Moonlight Bay Discretionary Trust ABN #. 17873 070 422, Royal Harmony Pty Ltd ABN #1 56072 825 060:

Responsible entity for the Hotel Kununurra, Kimberley Hotel, Moonlight Bay Suites, Matso's Broome Brewery & Vagg's

Wyndham Liquor (hereinafter referred to asthe employer). The employees outlined in the Career & Classification

structure (Appendix 1), irrespective of whether there are members of a untonor not.

ARRANGEMENT

3,0 DEFINITiONS 4

4.0 AGREEMENT OPERATION 6

4.1 Who does this agreernent apply to? 6

4.2 The Intention of this Agreement 6
4.3 Commencement of this agreement and period of operation 6

4A Relationship ofparties to the Agreement 6

4.5 What are the aims of this Agreement 6

4.6 Consultation Term 7

5.0 EMPLOYMENT CONTRACT 8

5.1 Engagementof full-time and part-time employees 8

5.4 Probationary period ofemployment 8

5.5 Payment ofwages 9

5.6 Engagementof casualemployment 9

5.7 Flexibility Term 9

6.0 CLASSIFICATION STRUCTURE AND WAGERATES 10

6.1 Classification Definitions and Salaries 10

6.2 How do employees advance to the next level 10

6.3 Calculation of employees wages 11

6.5 Allowances 11

6.6 Junior Employees 11

7.0 HOURS OF WORK ARRANGEMENTS 12

7.1 Ordinary hours for full-time employees? 12

7.2 Ordinary hours for casualemployees? 12

7.3 Rostering arrangements 12

7.4 Arrangements for varying the length ofa shift 12

7.5 Breakbetween shifts 13

7.6 Make up time - SalaryEmployees 13

7.7 Meal breaks 13

8.0 PUBLIC HOLIDAYS 14

9.0 EMPLOYER ANDEMPLOYEE RESPONSIBILITIES 14

9.1 EqualOpportunities, Discrimination & SexualHarassment Policies 14

9.2 Grievanceprocedures 15

9.3 Complaint handling guidelines 15

10,0 SUPERANNUATION 15

11.0 UNIFORMS 16

12,0 ANNUALLEAVE 16

13.0 PERSONAL LEAVE 17

14.0 PARENTAL LEAVE 18

15.0 LONG SERVICE LEAVE 18

16.0 EXCLUSIVE SERVICE 19

17.0 TRAINING 19

18.0 REMUNIRATION STRUCTURE 19

Kimberley Accommodation 27/11/09 Page 2











Imbenley ACCOMMODATION 1.0 MEMORANDUM OF AGREEMENT Memorandum of Agreement between Kitmyth Pty Ltd as Trustee for Peirson-Jones Family Trust No.4 ABN # 1398 304 5875, Kireen Nominees as Trustee for Peirson-Jones Investment Trust ABN # 13745 773 628, Kitmyth Pty Ltd as Trustee for Moonlight Bay Discretionary Trust ABN # 77873 070 422, Royal Harmony Pty Ltd ABN # 56072 825 060: Responsible entity for the Hotel Kununurra, Kimberley Hotel, Moonlight Bay Suites, Matso's Broome Brewery & Vagg's Wyndham Liquor (hereinafter referred to as the employer). The employees outlined in the Career & Classification structure (Appendix 1), irrespective of whether there are members of a Union or not. ARRANGEMENT 3.0 DEFINITIONS 4 4.0 AGREEMENT OPERATION 6 4.1 Who does this agreement apply to? 6 4.2 The Intention of this Agreement 6 4.3 Commencement of this agreement and period of operation 6 4.4 Relationship of parties to the Agreement 6 4.5 What are the aims of this Agreement 6 4.6 Consultation Term 7 5.0 EMPLOYMENT CONTRACT 8 5.1 Engagement of full-time and part-time employees 8 5.4 Probationary period of employment 8 5.5 Payment of wages 9 5.6 Engagement of casual employment 9 5.7 Flexibility Term 9 6.0 CLASSIFICATION STRUCTURE AND WAGE RATES 10 6.1 Classification Definitions and Salaries 10 6.2 How do employees advance to the next level 10 6.3 Calculation of employees wages 11 5 Allowances 11 6.6 Junior Employees 11 7.0 HOURS OF WORK ARRANGEMENTS 12 7.1 Ordinary hours for full-time employees? 12 7.2 Ordinary hours for casual employees? 12 7.3 Rostering arrangements 12 7.4 Arrangements for varying the length of a shift 12 7.5 Break between shifts 13 7.6 Make up time - Salary Employees 13 7.7 Meal breaks 13 8.0 PUBLIC HOLIDAYS 14 9.0 EMPLOYER AND EMPLOYEE RESPONSIBILITIES 14 9.1 Equal Opportunities, Discrimination & Sexual Harassment Policies 14 9.2 Grievance procedures 15 9.3 Complaint handling guidelines 15 10.0 SUPERANNUATION 15 11.0 UNIFORMS 16 12.0 ANNUAL LEAVE 16 13.0 PERSONAL LEAVE 17 14.0 PARENTAL LEAVE 18 15.0 LONG SERVICE LEAVE 18 16.0 EXCLUSIVE SERVICE 19 17.0 TRAINING 19 18.0 REMUNIRATION STRUCTURE 19 Kimberley Accommodation 27/11/09 Page 2




 



20.0 TERMINATION & REOUNDANCY

21.0 BOARD & LODGING

22.0 GROSS MISCONDUCT

23.0 OCCUPATIONALHEALTH & SAFETY

24.0 DRUGS& ALCOHOL

25.0 ACCESS TO THE AGREEMENT

APPENDIX

Appendix 1 Career and Classification Structure and Definitions

Appendix 2 Classification and Salary Levels

Appendix 3 Employee Statement and Request to Work Preferred Hours

Signatures

Kimberley Accommodation November 09

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kimberley & ACCOMMODATION 20.0 TERMINATION & REDUNDANCY 20 21.0 BOARD & LODGING 22 22.0 GROSS MISCONDUCT 22 23.0 OCCUPATIONAL HEALTH & SAFETY 22 24.0 DRUGS & ALCOHOL 23 25.0 ACCESS TO THE AGREEMENT 23 APPENDIX Appendix 1 Career and Classification Structure and Definitions 24 25 Appendix 2 Classification and Salary Levels 28 Appendix 3 Employee Statement and Request to Work Preferred Hours 30 Signatures 31 Kimberley Accommodation November 09 Page 3




 



3.0 DEFINITIONS

3.1 Award - NAPSA(National Agreement Preserving a State Award);

means the Hotel &Tavern Workers Award 1978 (NAPSA),the Clerks' (Hotels, Motels & Clubs) Award 1979

(NAPSA) and or the Restaurant, Tearooms & Catering Workers' Award 1979 (NAPSA)

3.2 The Act;

means the Fair Work Act 2009.

3.3 No Disadvantage rest;

means the test prescribed in the Fair Work Act 2009 which is undertaken by Fair Work Australia.

3.4 Ordinary Rate of Pay;

means for the purpose ofthis Agreement either the minimum rate of pay prescribed for the relevant

classlflcaflonln Appendix 2 of this Agreement, or a higher rate of pay which has been negotiated between

the employer and an employee as the base rate applicable to employment.

3.S Casual Employee;

meansan employee who is engaged on an irregular basis and hourly paid. The hourly rate of pay is

inclusive of a 25%loading as prescribed in the relevant award which is paid toan employee because as a

casual there is no entitlement to paid annual leave, overtime, personal leave, carers' leave (are entitled to

unpaid carers' leave) and paid publlcholidavs,

casual employees are however entitled and paid District Allowance in accordance with the prescribed

Award.

3.6 Part-time employee;

means an employee who has been engaged on a permanent basis with a minimum engagement oftwenty

hours per fortnight and who is rostered to work less than 38 hours per week.

3.7 Full-timeemployee;

means an employee other-than a casual oroart-tlrne employee employed on a permanent basis to work

the prescribed hours per week (averaging 38 hours).

3.8 Enterprise Agreement;

means this Enterprise Agreement certified in accordance with the Fair WorkAct 2009.

3.9 (ontinuousservice;

As per the definition in the LongServiceAst 1954.

3.10 lmmedlate f9mily or household;

An employee is only entitled to carers leave or compassionate leave If the person for whom the leave is

being taken is:

.. A member ofthe employee's immediatejomily; or

.. a member otthe employees' household

The term immediate family includes:

---,

Kimberley Accommodation November 09 Page 4











kimberley & ACCOMMODATION 3,0 DEFINITIONS 3.1 Award - NAPSA (National Agreement Preserving a State Award); means the Hotel & Tavern Workers Award 1978 (NAPSA), the Clerks' (Hotels, Motels & Clubs) Award 1979 (NAPSA) and or the Restaurant, Tearooms & Catering Workers' Award 1979 (NAPSA) 3.2 The Act; means the Fair Work Act 2009. 3.3 No Disadvantage Test; means the test prescribed in the Fair Work Act 2009 which is undertaken by Fair Work Australia. 3.4 Ordinary Rate of Pay; means for the purpose of this Agreement either the minimum rate of pay prescribed for the relevant classification in Appendix 2 of this Agreement, or a higher rate of pay which has been negotiated between the employer and an employee as the base rate applicable to employment. 3.5 Casual Employee; means an employee who is engaged on an irregular basis and hourly paid. The hourly rate of pay is inclusive of a 25% loading as prescribed in the relevant award which is paid to an employee because as a casual there is no entitlement to paid annual leave, overtime, personal leave, carers' leave (are entitled to unpaid carers' leave) and paid public holidays. Casual employees are however entitled and paid District Allowance in accordance with the prescribed Award. 3.6 Part-time employee; means an employee who has been engaged on a permanent basis with a minimum engagement of twenty hours per fortnight and who is rostered to work less than 38 hours per week. 3.7 Full-time employee; means an employee other than a casual or part-time employee employed on a permanent basis to work the prescribed hours per week (averaging 38 hours). 3.8 Enterprise Agreement; means this Enterprise Agreement certified in accordance with the Fair Work Act 2009. 3.9 Continuous Service As per the definition in the Long Service Act 1954. 3.10 Immediate family or household; An employee is only entitled to carers leave or compassionate leave if the person for whom the leave is being taken is: A member of the employee's immediate family; or · a member of the employees' household The term immediate family includes: Kimberley Accommodation November 09 Page 4




 



a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the

employee. A de facto spouse means a person who lives with the employee as his or her

partner ana bona fide domestic basis; and

b) child or an adult child (including an adopted child, stepchild or an ex-nuptial child), parent,

grandparent, grandchild, or sibling of the employee or spouse of the employee.

3.11 Mutual Agreement;

means that a position of consent has been reached between the employee and the

manager/supervisor.

3.:1.2Required level of competency;

means the employee can demonstrate the appropriate skills or has completed training in accordance

to the qualification guidelines.

3.13 Spread of hours;

means the period of time elapsing from the time an employee commences duty to the time an

employee ceases duty on any day.

3.14 Temporary contractemplevee;

means an employee who is employed under clause 5.2 of this agreement.

Kimberley Accommodation November 09 Page 5











kimberley ACCOMMODATION spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person who lives with the employee as his or her partner on a bona fide domestic basis; and b) child or an adult child (including an adopted child, stepchild or an ex-nuptial child), parent, grandparent, grandchild, or sibling of the employee or spouse of the employee. 3.11 Mutual Agreement; means that a position of consent has been reached between the employee and the manager/supervisor. 3.12 Required level of competency; means the employee can demonstrate the appropriate skills or has completed training in accordance to the qualification guidelines. 3.13 Spread of hours; means the period of time elapsing from the time an employee commences duty to the time an employee ceases duty on any day. 3.14 Temporary contract employee; means an employee who is employed under clause 5.2 of this agreement. Kimberley Accommodation November 09 Page 5




 



4.0 AGREEMENT OPERATION

4.1 Who does this agreement apply to?
This agreement is made between Kimberley Accommodation asthe responsible entity for the Hotel

Kununurra, Marso's Broome Brewery, the Kimberley Hotel, vagg's Wyndham Liquor & Moonlight Bay

Suites and in respect of the emploveets] employed in the classification structure set out in Appendix 1

of this Agreement.

4.2 The IntentioJ'lof this Agreementj
Upon the commencement of this Agreement, it shall form the complete Agreement covering all

terms and conditions of employment between the parties. This Agreement shall operate to express

exclusion of any and all State and Federal Acts or any Industrial instruments derived from them

including any NAPSA's that would otherwise be applicable, however calculated pay rates will be

adjusted in line with the Australian Fair Pay Commission minimum wage decisions, so the employee

will be at no- disadvantage. The parties acknowledge that no extra claims will be made during the

term of this Agreement.

4.3 Commencement of this Agreement and period of operation;
The duration of this Agreement shall be for a period offour (4) years and shall come into effect on

the seventh day after Fairwork Australia issues a notice confirming that the Agreement passesthe No

Disadvantage Test.

Regardless ofthe expiry date, the same terms and conditions of this Agreement shall continue to

apply to employment with the employer until it is replaced by a new Agreement orrt is terminated in

accordance with the Fair Work Act 2009, or Its successor.

4.4 Relationship ofparties to the Agreement?

The negotiation of the Agreement recognises the need for a cooperative working relationship

between management, employees and the union.

4.5 What are the aims of the Agreement;

To establish a workplace culture, which provides for open communication, recognition for

competencies performed in order to provide a high level of commitment by employees.

Maximising the flexibility of working arrangements by providing a basis for industry competitiveness

and employee satisfaction.

To develop an environment which encourages the multi-skilling of employees and provides for

remuneration based upon accountability and responsibilities performed.

Provide fortralningand development of a professional and highly skilled team of employees across a

range of functions through the acquisition of recognised industry training qualifications.

Provide for the equal opportunity In the employment and promotion of employees based upon

competencies and skills performed.

Kimberley Accommodation November 09 Page 6











kimberley ACCOMMODATION 4.0 AGREEMENT OPERATION 4.1 Who does this agreement apply to? This agreement is made between Kimberley Accommodation as the responsible entity for the Hotel Kununurra, Matso's Broome Brewery, the Kimberley Hotel, Vagg's Wyndham Liquor & Moonlight Bay Suites and in respect of the employee(s) employed in the classification structure set out in Appendix 1 of this Agreement. 4.2 The Intention of this Agreement; Upon the commencement of this Agreement, it shall form the complete Agreement covering all terms and conditions of employment between the parties. This Agreement shall operate to express exclusion of any and all State and Federal Acts or any Industrial instruments derived from them including any NAPSA's that would otherwise be applicable, however calculated pay rates will be adjusted in line with the Australian Fair Pay Commission minimum wage decisions, so the employee will be at no- disadvantage. The parties acknowledge that no extra claims will be made during the term of this Agreement. 4.3 Commencement of this Agreement and period of operation; . The duration of this Agreement shall be for a period of four (4) years and shall come into effect on the seventh day after Fairwork Australia issues a notice confirming that the Agreement passes the No Disadvantage Test Regardless of the expiry date, the same terms and conditions of this Agreement shall continue to apply to employment with the employer until it is replaced by a new Agreement or it is terminated in accordance with the Fair Work Act 2009, or its successor. 4.4 Relationship of parties to the Agreement? The negotiation of the Agreement recognises the need for a cooperative working relationship between management, employees and the union. 4.5 What are the aims of the Agreement; To establish a workplace culture, which provides for open communication, recognition for competencies performed in order to provide a high level of commitment by employees. Maximising the flexibility of working arrangements by providing a basis for industry competitiveness and employee satisfaction. To develop an environment which encourages the multi-skilling of employees and provides for remuneration based upon accountability and responsibilities performed. Provide for training and development of a professional and highly skilled team of employees across a range of functions through the acquisition of recognised industry training qualifications. Provide for the equal opportunity in the employment and promotion of employees based upon competencies and skills performed. Kimberley Accommodation November 09 Page 6




 



To respect the value and diversity of the workforce through the elimination of discrimination on the

basisof race, colour, sexual preference, age, physical or mental disability, marital status, family

responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

The establishment of a healthy and safe working environment.

4.6 Consultation Term;

(1) This term applies if:

(a) the employer has made a definite decision to introduce a major change to production, program,

organisation, structure, or technology in relation to its enterprise; and

(b) the change is likely to have a significant effect on employees of the enterprise.

(2) The employer must notify the relevant employees of the decision to introduce the major change.

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

(41 If:

(a) a relevant employee appoints,or relevant employees appoint, a representative for the purposes

of consultation; and

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

the employer must recognise the representative.

(5) Assoon as practicable after making its decision, the employer must:

(a) discusswith the relevant employees:

0) the introduction of the change; and

(ii) the effect the change is likely to have on the employees; and

(iii) measures the employer is taklng to avert or mitigate the adverse effect of the change on

the employees; and

(b) for the purposes of the discussion - provide, in writing, to the relevant employees:

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

and

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

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

(6) However, the employer is not required to disclose confidential or commercially sensitive information

to the relevant employees.

(7) The employer must give prompt and genuine consideration to matters raised about the major change

by the relevant employees.

(8) If a term in the enterprise agreement provides for a major change to production, program,

organisation, structure or technology in relation to the enterprise of the employer, the requirements

set out in subclauses(2)/(3) and (5) are taken not to apply.

,=
Kimberley Accommodation November 09 Page?











kimberley ACCOMMODATION To respect the value and diversity of the workforce through the elimination of discrimination on the basis of race, colour, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The establishment of a healthy and safe working environment. 4.6 Consultation Term; (1) This term applies if: (a) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and (b) the change is likely to have a significant effect on employees of the enterprise, (2) The employer must notify the relevant employees of the decision to introduce the major change. (3) The relevant employees may appoint a representative for the purposes of the procedures in this term. (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (5) As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (1) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion - provide, in writing, to the relevant employees: (1) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (8) If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in subclauses (2), (3) and (5) are taken not to apply. Kimberley Accommodation November 09 Page 7




 



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

(a) the termination of the employment of employees; or

(b) major change to the composition, operation or size of the employer's workforce or to the skills
required of employees; or

(c) the elimination or diminution of job opportunities (including opportunities for promotion or
tenure); or

(d) the alteration ofhours ofwork; or

(e) the need to retrain employees; or

(f) the need to relocate employees to another workplace; or

(g) the restructuring of jobs.

(10) In this term, relevant employees means the employees who may be affected by the major change.

5.0 EMPLOYMENT CONTRACT

5.1 Engagement of full-time and pert-time employees;

Employeeswill be engagedona permanent full time or part-time basisand will be classified in

accordancewith the Career and Classification structure outlined in Appendix 1 ofthis Agreement.

5.2 Engagement of Temporary Contract Employee (Fixed Term)

5.2.1 Full-time or part-time employees may be employed on a temporary contract basisaccording to the

operational requirements of the venue but not be for a duration of longer than six months.except when an

employee is engagedto relieve an employee on parental leave or workers compensation or to work on a special

project.

5.2.2 Temporary Contracts must bein writing.

5.3 Employer's Obligation to employees upon engagement

Employeesupon commencement of employment will be provided with a copy of the conditions of

employment outlining;

a) The job classification & title;

b) Status asto full time, part-time, casual or temporary contract employee:

c) The period of probation asoutlined in clause5.4.1,;

d) The yearly or hourly rate of pay.

Each employeewiIJ be required to participate in the employment induction program.

5.4 Probationary period of employment.

a) All employees will commence on three (3) months probation worked Within a six (6) month

qualifying period, and subject to satisfactory performance and. the successful completion of the

Kimberley Accommodation November 09 Page 8















 kimberley ACCOMMODATION (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. (10) In this term, relevant employees means the employees who may be affected by the major change. 5.0 EMPLOYMENT CONTRACT 5.1 Engagement of full-time and part-time employees; Employees will be engaged on a permanent full time or part-time basis and will be classified in accordance with the Career and Classification structure outlined in Appendix 1 of this Agreement. 5.2 Engagement of Temporary Contract Employee (Fixed Term) 5.2.1 Full-time or part-time employees may be employed on a temporary contract basis according to the operational requirements of the venue but not be for a duration of longer than six months, except when an employee is engaged to relieve an employee on parental leave or workers compensation or to work on a special project. 5.2.2 Temporary Contracts must be in writing. 5.3 Employer's Obligation to employees upon engagement Employees upon commencement of employment will be provided with a copy of the conditions of employment outlining; a) The job classification & title; b) Status as to full time, part-time, casual or temporary contract employee; c) The period of probation as outlined in clause 5.4.1; d) The yearly or hourly rate of pay. Each employee will be required to participate in the employment induction program. 5.4 Probationary period of employment. a) All employees will commence on three (3) months probation worked within a six (6) month qualifying period, and subject to satisfactory performance and the successful completion of the Kimberley Accommodation November 09 Page 8 



probationary period, you may become eligible for ongoing employment extending your contract

of employment.

b) During the probationary period, you or the Employer hasthe right to terminate the employment for any
reason without explanation and without any repercussions. The probationary period acts as an
extension of the interview process with the purpose being for both parties to ascertain their suitability
and capability to work together.

c) Both parties agree to provide one (1) days notice {casual employee) or one (1) week's notice (salary
employeefFulltime/Part-time) if either party wishes to terminate the contract of employment during the
probationary period. If this is not given, then the parties agree to either payor forfeit to the other party
the equivalent of one{l) days pay for casual staff and One (1) week's pay for salaried or fulltime
staff/part-time.

d) At the end of the initial probation period there may be valid reasoning to extend the probation period
further. Any extension(sj shall not exceed the length of the initial probationary period and the employee
Shall be provided with a signed written advice of the reasons.

5.S Payment of wages

Wages will be paid in accordance with the classification structure outlined in 6.0 of this Agreement.

5.5.1 Wages will be paid fortnightly by electronic funds transfer to a bank nominated by the

employee.

5.5.2 At the time of payment, each employee will be issued with a record of payment showing all details of

earnings, deductions, allowances,any leave accrued and superannuatron contributions.

5.5.3 Upon termination and following the return of uniforms and otherissued items an employee will be paid

the appropriate wages and any other remuneration due to the employee.

5.6 Engagement of casual employees

A casual employee will be engaged to work On an irregular and spasmodic basisat the appropriate

classification forworkeci performed and employment will terminate at the end of each

engagement. The minimum engagement period is 2 hours.

5.7 FlexibilityTerm

(i) An employer and employee 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 lor more of the following matters:

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(lv) allowances;

(v) leave loading; and

KimberleyAccommedatlon November 09 Page 9











kimberley ACCOMMODATION probationary period, you may become eligible for ongoing employment extending your contract of employment. b) During the probationary period, you or the Employer has the right to terminate the employment for any reason without explanation and without any repercussions. The probationary period acts as an extension of the interview process with the purpose being for both parties to ascertain their suitability and capability to work together. c) Both parties agree to provide one (1) days notice (casual employee) or one (1) week's notice (salary employee/Fulltime/Part-time) if either party wishes to terminate the contract of employment during the probationary period. If this is not given, then the parties agree to either pay or forfeit to the other party the equivalent of one (1) days pay for casual staff and one (1) week's pay for salaried or fulltime staff/part-time. d) At the end of the initial probation period there may be valid reasoning to extend the probation period further. Any extension(s) shall not exceed the length of the initial probationary period and the employee shall be provided with a signed written advice of the reasons. 5.5 Payment of wages Wages will be paid in accordance with the classification structure outlined in 6.0 of this Agreement. 5.5.1 Wages will be paid fortnightly by electronic funds transfer to a bank nominated by the employee. 5.5.2 At the time of payment, each employee will be issued with a record of payment showing all details of earnings, deductions, allowances, any leave accrued and superannuation contributions. 5.5.3 Upon termination and following the return of uniforms and other issued items an employee will be paid the appropriate wages and any other remuneration due to the employee. 5.6 Engagement of casual employees A casual employee will be engaged to work on an irregular and spasmodic basis at the appropriate classification for worked performed and employment will terminate at the end of each engagement. The minimum engagement period is 2 hours. 5.7 Flexibility Term (1) An employer and employee 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 1 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 Kimberley Accommodation November 09 Page 9




 



(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or
more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and employee,

(2) The employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the FairWork Act 2009i and

(b) are not unlawful terms under section 194 oftheIair WorkAct 2009iand

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

was made.

(3) The employer must ensure that the individual flexibility arrangement:

(a) is in writing; and

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

(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a

parent or guardian of the employeejand

(d) includes details of:

(I) the terms oftheenterprlse agreement that will be varied by the arrangement; and

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

(iii) how the employee will be better off overall in relation to the terms and conditions of his

or her employment as a result of the arrangement; and

(el states the day on which the arrangement commences,

(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days

after it is agreed to.

(5) The employer or employee may terminate the individual flexibility arrangement:

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

(b) if the employer and employee agree in writing~ at any time.

6.0 CLASSIFICATION STRUCTURE AND WAGERATES

The integrated career and classification structure recognizes career streams/including the payment of

salary levels for duties performed, consistent with skllls and job responsibilities. FleXibility and mobility

will be encouraged at all levels, including opportunities for the acquisition of additional skills required in

the performance of duties incidental to specific job responsibilities.

6.1 Classification Definitions and Salaries

Classification definitions and salary rates are set out in Appendix 1 and 2

6.2 HOw do employees advance to the next level?

At each level, employees may be given the opportunity to undertake structured training and to gain

practical experience based on annual assessment of thelrskill and competencies. Where a suitable

vacancy exists; consideration may be given to applicants who wish to advance within the career

structure.

Kimberley Accommodation November09 Page 10











kimberley ACCOMMODATION (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing - at any time. 6.0 CLASSIFICATION STRUCTURE AND WAGE RATES The integrated career and classification structure recognizes career streams, including the payment of salary levels for duties performed, consistent with skills and job responsibilities. Flexibility and mobility will be encouraged at all levels, including opportunities for the acquisition of additional skills required in the performance of duties incidental to specific job responsibilities. 6.1 Classification Definitions and Salaries Classification definitions and salary rates are set out in Appendix 1 and 2 6.2 How do employees advance to the next level? At each level, employees may be given the opportunity to undertake structured training and to gain practical experience based on annual assessment of their skill and competencies. Where a suitable vacancy exists; consideration may be given to applicants who wish to advance within the career structure. Kimberley Accommodation November 09 Page 10




 



6.3 Calculation of employees' wages

6.3.1 Employees will be paid for work according to the career and classification structure outlined in Appendix 1

attheappropriate level within the salary structure set out in Appendix 2. The structure includes salary

levels for duties performed that are consistent with skill and job responsibilities required.

6.3.2 Casual Emplovees-«A casual employee will be engaged and paid as such.

Casualemployees will be paid an hourly rate equal to the applicable hourly wage for your job

classification detailed in Appendix 2

This additional allowance is to compensate for annual leave, sick leave, public holidays, all penalty rates

and the adhoc nature of employment & other associated entitlements.

6.3.4 Wage increase during life of the Agreement

The rates of pay and allowances in Appendix 2 will be reviewed each year.

Where the Australian Fair PayCommission or Fair Work Australia grants an increase to the classification of

work covered by this Agreement, or where the creation of a Modern Award results in new rates of pay,

the rates of this agreement will be varied from the operative date of that decision to ensure that they

meet the minimum standards for the Employee's classification ofwork defined by the Act.

6.5 ALLOWANCES

The quanta of the allowances contained within this clausewill be increased in line with any increases

provided for by any National wage review occurring during the life of this agreement.

6.5.1 Meal Allowance

Employees required to work on overtime at the completion of ordinary hours for 2 hours or more and was

not notified on the previous day or earlier shall be provided with a meal and if this is not practicable an

allowance of $9.70.

6.5.2 Clothing Allowances

Employees who are provided with a uniform and are required to launder or dry dean such uniform shall

be paid an allowance of $9.40 for cooks per fortnight and $6.40 per fortnight for all other staff. If staff

work lessthan the 38 hours per week the allowance will be halved in accordance with the prescribed

awards.

6.6 Junior Employees

The minimum rate of wages for a junior employee shall be the under mentioned percentage of the rate

prescribed for the appropriate adult classification for the work performed.

AGE PERCENT

17 years of age & under 70

18 years ofage 80

19years of age 90

20 years of age 100

Kimberley Accommodation November 09 Page 11











kimberley ACCOMMODATION 6.3 Calculation of employees' wages 6.3.1 Employees will be paid for work according to the career and classification structure outlined in Appendix 1 at the appropriate level within the salary structure set out in Appendix 2. The structure includes salary levels for duties performed that are consistent with skill and job responsibilities required. 6.3.2 Casual Employees - A casual employee will be engaged and paid as such. Casual employees will be paid an hourly rate equal to the applicable hourly wage for your job classification detailed in Appendix 2 This additional allowance is to compensate for annual leave, sick leave, public holidays, all penalty rates and the adhoc nature of employment & other associated entitlements. 6.3.4 Wage increase during life of the Agreement The rates of pay and allowances in Appendix 2 will be reviewed each year. Where the Australian Fair Pay Commission or Fair Work Australia grants an increase to the classification of work covered by this Agreement, or where the creation of a Modern Award results in new rates of pay, the rates of this agreement will be varied from the operative date of that decision to ensure that they meet the minimum standards for the Employee's classification of work defined by the Act. 6.5 ALLOWANCES The quanta of the allowances contained within this clause will be increased in line with any increases provided for by any National wage review occurring during the life of this agreement. 6.5.1 Meal Allowance Employees required to work on overtime at the completion of ordinary hours for 2 hours or more and was not notified on the previous day or earlier shall be provided with a meal and if this is not practicable an allowance of $9.70. 6.5.2 Clothing Allowances Employees who are provided with a uniform and are required to launder or dry clean such uniform shall be paid an allowance of $9.40 for cooks per fortnight and $6.40 per fortnight for all other staff. If staff work less than the 38 hours per week the allowance will be halved in accordance with the prescribed awards. 6.6 Junior Employees The minimum rate of wages for a junior employee shall be the under mentioned percentage of the rate prescribed for the appropriate adult classification for the work performed. AGE PERCENT 17 years of age & under 70 18 years of age 80 19 years of age 90 20 years of age 100 Kimberley Accommodation November 09 Page 11




 



I
\

7.0 HOURS OF WORK ARRANGEMENT

The ordinary hours of work under this Agreement may be worked on any day, Monday to Sunday.

7.1 Ordinary hours for Fulltime/Part-time employees?

Full time employees will work 76 ordinary hours per 2 weekly cycle.

Part-time employees will work in accordance with the rosterlng requirements as advised from time to

time by the Employer. They will work a minimum of twenty (20) hours work in each two (2) week

period.

7.1.1 Taking into consideration the hospitality industry, the average per fortnight In based

on a twelve (12) month period, however the Employer may request you to work

reasonable additional hours.

7.1.2 Thismeans during-the busy periods such as peak seasonal months or for

specific functions you may work more hours in the week and during the quiet periods such as the

shoulder and lower seasonal months you may work less hours in the Week. Whichever the case. your

salary shall remain the same each fortnight. Due to the nature of the hospitality industry you maybe

required to work weekends, public holidays. late nights etc.

7.2 Ordinaryhours for casual employees?

7.2.1 There is no guaranteed number of hours of work. The hours will be based on the needs ofthe

business and its clients and discussion between parties.

7.2.2 On each occasion a casual employee is required to come in for a shift they must be entitled to

minimum engagement of two hours work.

7.3 Rostering arrangements

Whilst employees are rostered to work over a two week cycle, rosters for each week of the cycle will

be posted seven days in advance.

Rosters may change at any time by mutual consent and for matters outside the control of management.

7.4 Arrangements for varying the length ofa shift.

In order to provide the flexibility in fluctuations in customer demand and whilst maintaining employees'

contracted hours over the fortnightly cycle, a shift may be shortened or lengthened prior to the

commencement of the last rostered 30 minutes of work. This is not applicable to casual staff members.

Where a manager/supervisor deems it necessary to alter the rostered hours:

.. The employee must have worked a minimum period of 3 hours.

e The family or personal commitments of the employee at the time must be taken into account.

.. The hours by which the shift is shortened or lengthened will be recorded on the time sheet.

7.4.1 Employee working an extended shift.

An employee's shift may be extended.

In theinterestbfflexibility it is expected that employees will make themselves available for lengthened

shifts where practicable.

Kimberley Accommodation November 09 Page 12











kimberley ACCOMMODATION 7.0 HOURS OF WORK ARRANGEMENT The ordinary hours of work under this Agreement may be worked on any day, Monday to Sunday. 7.1 Ordinary hours for Fulltime/Part-time employees? Full time employees will work 76 ordinary hours per 2 weekly cycle. Part-time employees will work in accordance with the rostering requirements as advised from time to time by the Employer. They will work a minimum of twenty (20) hours work in each two (2) week period. 7.1.1 Taking into consideration the hospitality industry, the average per fortnight in based on a twelve (12) month period, however the Employer may request you to work reasonable additional hours, 7.1.2 This means during the busy periods such as peak seasonal months or for specific functions you may work more hours in the week and during the quiet periods such as the shoulder and lower seasonal months you may work less hours in the week. Whichever the case, your salary shall remain the same each fortnight. Due to the nature of the hospitality industry you may be required to work weekends, public holidays, late nights etc. 7.2 Ordinary hours for casual employees? 7.2.1 There is no guaranteed number of hours of work. The hours will be based on the needs of the business and its clients and discussion between parties. 7.2.2 On each occasion a casual employee is required to come in for a shift they must be entitled to minimum engagement of two hours work. 7.3 Rostering arrangements Whilst employees are rostered to work over a two week cycle, rosters for each week of the cycle will be posted seven days in advance. Rosters may change at any time by mutual consent and for matters outside the control of management. 7.4 Arrangements for varying the length of a shift. In order to provide the flexibility in fluctuations in customer demand and whilst maintaining employees' contracted hours over the fortnightly cycle, a shift may be shortened or lengthened prior to the commencement of the last rostered 30 minutes of work. This is not applicable to casual staff members. Where a manager/supervisor deems it necessary to alter the rostered hours: · The employee must have worked a minimum period of 3 hours. The family or personal commitments of the employee at the time must be taken into account. · The hours by which the shift is shortened or lengthened will be recorded on the time sheet. 7.4.1 Employee working an extended shift. An employee's shift may be extended. In the interest of flexibility it is expected that employees will make themselves available for lengthened shifts where practicable. Kimberley Accommodation November 09 Page 12




 



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a) An employee working an extended shift;

.. Is paid for the actual hours worked at the appropriate ordinary hour's rate.

.. The lengthened shift must not exceed 12 hours.

.. If an employee Is directed by the employer to work additional hours, they will be pard at-the rate

of time and one half for-the first two (2) hours and double time thereafter. For the purpose of

calculating overtime, each day shall stand alone.

.. If an employee works additional hours asa result of their personal preference to do so, they will

be paid at their ordinary hourly rate of pay as prescribed in Appendix 2. If an employee has

indicated a preference in accordance with this clause, they can change that preference at any

time by providing notice in writing to the employer.

7.4.2 Employee working shortened shift

Where there is insufficient customer demand the manager may shorten an employee's shift.

a) An employee working a 'short' shift;

.. The venue may Instruct an employee to work a short shift, however, where practicable

the venue will give preference to staff who volunteer.

" The employee will be paid for the actual hours worked at the appropriate ordinary hours

rate.

.. The shortened shift must not be less than three hours.

e The shift may be shortened by a maximum of 2 hours or longer by mutual agreement

If by the extension of shifts you have worked in excess of the range of hours for your status of

employment, your rostered hours for the subsequent cycle will be reduced by the amount of the excess

hours.

7.5 Break between shifts for each working day?
The minimum break is 8 hours between the timeanemplovee finishes work on one day and commences

work on the following day.

7.6 M~ke up time- Salary Employees

An employee may elect with the consent of the management to work 'make-up time,' whereby:

.. The employee takes time off during ordinary hours and works those hours at a later time.

t! The time made up must be during the spread of ordinary hours appropriate to the employee's

classification and the ordinary hourly rate and accordingly noted on the employee's time sheet.

.. The employee however will not be paid overtime rates when making up time.

Example:
Ifan employeehQs a familycommitment in regards to collecting a child from schoolon a certaindayfor
example, he orshe canarrange with management to leave workearlier than normallyTOstered and then
make upthe time within that two (2) week pay period.

7.7 Meal Breaks

7.7.1 An employee is entitled to an unpaid meal break ofthirty (3D) minutes that may be taken during the

Kimberley Accommodation November 09 Page 13











kimberley ACCOMMODATION a) An employee working an extended shift; @ Is paid for the actual hours worked at the appropriate ordinary hour's rate. The lengthened shift must not exceed 12 hours. If an employee is directed by the employer to work additional hours, they will be paid at the rate of time and one half for the first two (2) hours and double time thereafter. For the purpose of calculating overtime, each day shall stand alone. If an employee works additional hours as a result of their personal preference to do so, they will be paid at their ordinary hourly rate of pay as prescribed in Appendix 2. If an employee has indicated a preference in accordance with this clause, they can change that preference at any time by providing notice in writing to the employer. 7.4.2 Employee working shortened shift Where there is insufficient customer demand the manager may shorten an employee's shift. a) An employee working a 'short' shift; The venue may instruct an employee to work a short shift, however, where practicable the venue will give preference to staff who volunteer . The employee will be paid for the actual hours worked at the appropriate ordinary hours rate . The shortened shift must not be less than three hours. The shift may be shortened by a maximum of 2 hours or longer by mutual agreement If by the extension of shifts you have worked in excess of the range of hours for your status of employment, your rostered hours for the subsequent cycle will be reduced by the amount of the excess hours. 7.5 Break between shifts for each working day? The minimum break is 8 hours between the time an employee finishes work on one day and commences work on the following day. 7.6 Make up time - Salary Employees An employee may elect with the consent of the management to work 'make-up time,' whereby: The employee takes time off during ordinary hours and works those hours at a later time. The time made up must be during the spread of ordinary hours appropriate to the employee's classification and the ordinary hourly rate and accordingly noted on the employee's time sheet. . The employee however will not be paid overtime rates when making up time. Example: If an employee has a family commitment in regards to collecting a child from school on a certain day for example, he or she can arrange with management to leave work earlier than normally rostered and then make up the time within that two (2) week pay period. 7.7 Meal Breaks 7.7.1 An employee is entitled to an unpaid meal break of thirty (30) minutes that may be taken during the Kimberley Accommodation November 09 Page 13




 



----------_.

course of any shift in excessof five (5) hours.

7.7.2 The meal break must be taken no earlier than one hour and not later than five hours after commencing

the shift.

7.7.3 If the shift extends for a further five hours the employee will be entitled to a second unpaid thirty (30)

minute break.

7.7.4 In addition to the unpaid break, an employee will be entitled to take a paid tea break of ten minutes

during anyshift in excessof six hours.

7.7.5 Meal breaks must be taken at a time determined by the employer ensuring that the operational

Requirements of the business are always met.

8.0 PUBLIC HOLIDAYS

8.1 Entitlement to Public Holidays

The following list of public holidays for the purpose of this Agreement:

.. New Years Day

• Australia Day

'" labour Day

'" Good Friday

.. Easter Monday

e Anzac Day

'" Foundation Day

• Queen's Birthday

.. Christmas Day

" Boxing Day

If any additional public holidays are declared by the State.

8.1.2 As the venues operate on some public holiday's employees may be requested to work shifts on these

days. If working on Public Holidays they are considered normal working days and will be paid the rate set

out in Appendix 2.

8.1.3 If an employee would usually have worked on a public holiday and they are not required to do so, they

are entitled to have the day off without loss of pay.

8.1.4 Clause8.1.3 does not apply to casual employees.

9.0 EMPLOYER AND EMPLOYEE RESPONSIBILITIES

9.1 EqualOpportunities, Discrimination & Sexual Harassment Policies

The employer is committed to the prevention of any form of discrimination, sexual harassment or

victimization at the workplace or at any place where work-related activities are performed, including at

Kimberley Accommodation November 09 Page 14











kimberley % ACCOMMODATION course of any shift in excess of five (5) hours. 7.7.2 The meal break must be taken no earlier than one hour and not later than five hours after commencing the shift. 7.7.3 If the shift extends for a further five hours the employee will be entitled to a second unpaid thirty (30) minute break. 7.7.4 In addition to the unpaid break, an employee will be entitled to take a paid tea break of ten minutes during any shift in excess of six hours. 7.7.5 Meal breaks must be taken at a time determined by the employer ensuring that the operational Requirements of the business are always met. 8.0 PUBLIC HOLIDAYS 8.1 Entitlement to Public Holidays The following list of public holidays for the purpose of this Agreement: New Years Day Australia Day · Labour Day Good Friday Easter Monday Anzac Day Foundation Day Queen's Birthday Christmas Day Boxing Day If any additional public holidays are declared by the State. 8.1.2 As the venues operate on some public holiday's employees may be requested to work shifts on these days. If working on Public Holidays they are considered normal working days and will be paid the rate set out in Appendix 2. 8.1.3 If an employee would usually have worked on a public holiday and they are not required to do so, they are entitled to have the day off without loss of pay. 8.1.4 Clause 8.1.3 does not apply to casual employees. 9.0 EMPLOYER AND EMPLOYEE RESPONSIBILITIES 9.1 Equal Opportunities, Discrimination & Sexual Harassment Policies The employer is committed to the prevention of any form of discrimination, sexual harassment or victimization at the workplace or at any place where work-related activities are performed, including at Kimberley Accommodation November 09 Page 14




 



social functions. The Employer considers these to be unacceptable forms of behavior and will not be

tolerate such behavior under any circumstances.

9.1.2 The policy applies to all employees in their relationships with each other, with applicants for employment

with the Employer and with persons who have dealings with the Employer. It applies in terms ofthe
relationships that the employees have with customers, students, members and Salesrepresentatives.

9.1.3 All employees have the right to be treated equitably and without harassment occurring in the workplace.

All employees have the responsibuttv to respectthe rights of fellow employees, by not taking part in any

action that may constitute harassment and by supporting and promoting the achievement of equal

opportunity.

9.2 Grievance Procedure

The Employer is required to ensure that all employees are treated fairly and equally and are not subject to

discrimination, victimization or harassment. Any Concerns can be discussed privately and confidentially

with One of the following Contact Officers:

HR Manager

General Manager of your venue

Directors of the Company

9.2.1 All employees must appreciate that raising an allegation of harassment, discrimination or vlcnmtsatton

against another person in theworkplace is a serious matter. Regardless of whether the complaint is

substantiated, the act of raising the complaint will have significant and often permanent consequences

both personally and professionally for the other party. The Employer will not tolerate abuse of the

processes outlined in this policy or the making of vexatious complaints.

9.2.2 All staff are required to treat any complaints under this policy confidentially and discuss a complaint only

to assist its resolution. Aserious form of vlctlmlsatlon Can occur when co-workers discuss and take sides

on complaints about potentially discriminatory or harassing behavior. Staff are encouraged to come

forward to obtain the assistance from the nominated people to ensure any inappropriateconductthat

exists does not continue.

9.3 Complaint Handling Guidelines

The Employerhas established confidential procedures fOJhandling complaints under this policy. These

procedures are based on the principle that the rightsand privacy of both parties to a complaint should be

safeguarded. The Employer considers thatltls important that any eomplalnt.ls dealt with as prom ptlyas

possible, professionally and with sensitivity. If you have a complaint or a harassment problem you can

speak confidentially to one of the Contact Officers, or contact the relevant agencies for advice:

WESTERN AUSTRALlA- State Administrative Tribunal

10.0 superannuaticn

Superannuation contributions are in accordancewith the Superannuation Guarantee (Administration) Act

1992 and will be made into the employees choice of fund.

Management will pay a monthly contribution equal to 9% of the ordinary time earnings on behalf of each

Kimberley Accommodation November 09 Page 15











kimberley = ACCOMMODATION social functions. The Employer considers these to be unacceptable forms of behavior and will not be tolerate such behavior under any circumstances. 9.1.2 The policy applies to all employees in their relationships with each other, with applicants for employment with the Employer and with persons who have dealings with the Employer. It applies in terms of the relationships that the employees have with customers, students, members and sales representatives. 9.1.3 All employees have the right to be treated equitably and without harassment occurring in the workplace. All employees have the responsibility to respect the rights of fellow employees, by not taking part in any action that may constitute harassment and by supporting and promoting the achievement of equal opportunity. 9.2 Grievance Procedure The Employer is required to ensure that all employees are treated fairly and equally and are not subject to discrimination, victimization or harassment. Any concerns can be discussed privately and confidentially with one of the following Contact Officers: HR Manager General Manager of your venue Directors of the Company 9.2.1 All employees must appreciate that raising an allegation of harassment, discrimination or victimisation against another person in the workplace is a serious matter. Regardless of whether the complaint is substantiated, the act of raising the complaint will have significant and often permanent consequences both personally and professionally for the other party. The Employer will not tolerate abuse of the processes outlined in this policy or the making of vexatious complaints. 9.2.2 All staff are required to treat any complaints under this policy confidentially and discuss a complaint only to assist its resolution. A serious form of victimisation can occur when co-workers discuss and take sides on complaints about potentially discriminatory or harassing behavior. Staff are encouraged to come forward to obtain the assistance from the nominated people to ensure any inappropriate conduct that exists does not continue. 9.3 Complaint Handling Guidelines The Employer has established confidential procedures for handling complaints under this policy. These procedures are based on the principle that the rights and privacy of both parties to a complaint should be safeguarded. The Employer considers that it is important that any complaint is dealt with as promptly as possible, professionally and with sensitivity. If you have a complaint or a harassment problem you can speak confidentially to one of the Contact Officers, or contact the relevant agencies for advice: WESTERN AUSTRALIA - State Administrative Tribunal 10.0 Superannuation Superannuation contributions are in accordance with the Superannuation Guarantee (Administration) Act 1992 and will be made into the employees choice of fund. Management will pay a monthly contribution equal to 9% of the ordinary time earnings on behalf of each Kimberley Accommodation November 09 Page 15




 



employee or other such amount as determined by the Superannuation Guarantee Act from time to time.

Ordinary time earnings means the employees wage for all ordinary time worked including ant applicable

allowances paid in accordance with this .Agreement.

11.0 Uniforms

Upon commencement as an employee you will be issued with a company uniform which must be worn

only whilst on duty. Employees must wear their uniform according to the standards requested by

Management. Each employee is responsible to. ensure the uniform is maintained and employees

must present neat and tidy when carrying out their duties.

12.0 ANNUAllEAVE

12.1 Entitlement to Annual Leave

Full time employees are entitled to 152 hours of annual leave after each 12 monthly period of continuous

service.

Part-time employees are entitled to annual leave after each 12 monthly period of continuous service

on a pro-rata basts according to the hours actually worked, paid on the basis of average hours worked

worked over the period of accumulation.

Such leave accrues on a pro-rata and proportionate basis but does not accrue during any period of unpaid

leave. If you lawfully terrnlnatevour employment, orthe Employer, terminates your employment,

accrued annual leave will be paid out to you at the cessation of your employment.

12.2 When is annual leave to be taken?

The parties will attempt to roster annual leave at mutually convenient times. Discussions between

the parties shall occur throughout the year to determine periods when ttts convenient to take annual

leave.

12.3 Payment of annual leave

Annual leave is paid at the employees current ordinary wage rate as set out in Appendix 2.

The parties agree that annual leave should be taken within twelve (12) months of falling due, and no leave
loading is paid in respect to annual leave asithas been accounted for in your ordinary salary rate of pay.

The parties may mutually agree to forgo up to two (2) weeks of your annual leaveentitlement if;

e You are given an equivalent benefit in lieu of the entitlement; and

e You agree to forgo the entitlement in writing.

12.4 Public holidays falling within annual leave

Where a public holiday falls within a period of annual leave and the employee would have been entitled

to the public holiday, it will be added to the period of annual leave at the time.

Kimberley Accommodation November 09 Page 16











imbenley CCOMMODATION employee or other such amount as determined by the Superannuation Guarantee Act from time to time. Ordinary time earnings means the employees wage for all ordinary time worked including ant applicable allowances paid in accordance with this Agreement. 11,0 Uniforms Upon commencement as an employee you will be issued with a company uniform which must be worn only whilst on duty. Employees must wear their uniform according to the standards requested by Management. Each employee is responsible to ensure the uniform is maintained and employees must present neat and tidy when carrying out their duties. 12.0 ANNUAL LEAVE 12.1 Entitlement to Annual Leave Full time employees are entitled to 152 hours of annual leave after each 12 monthly period of continuous service. Part-time employees are entitled to annual leave after each 12 monthly period of continuous service on a pro-rata basis according to the hours actually worked, paid on the basis of average hours worked worked over the period of accumulation. Such leave accrues on a pro-rata and proportionate basis but does not accrue during any period of unpaid leave. If you lawfully terminate your employment, or the Employer, terminates your employment, accrued annual leave will be paid out to you at the cessation of your employment. 12.2 When is annual leave to be taken? The parties will attempt to roster annual leave at mutually convenient times. Discussions between the parties shall occur throughout the year to determine periods when it is convenient to take annual leave. 12.3 Payment of annual leave Annual leave is paid at the employees current ordinary wage rate as set out in Appendix 2. The parties agree that annual leave should be taken within twelve (12) months of falling due, and no leave loading is paid in respect to annual leave as it has been accounted for in your ordinary salary rate of pay. The parties may mutually agree to forgo up to two (2) weeks of your annual leave entitlement if; . You are given an equivalent benefit in lieu of the entitlement; and You agree to forgo the entitlement in writing. 12.4 Public holidays falling within annual leave Where a public holiday falls within a period of annual leave and the employee would have been entitled to the public holiday, it will be added to the period of annual leave at the time. Kimberley Accommodation November 09 Page 16




 



r 13.0 PERSONALLEAVE

13.1 Entitlement to personal leave

Full time and part-time employees are entitled to personal leave without loss of pay due to:

II Personal illness or injury (sick leave); or

.. For the purpose of caring for an immediate family or household member that is sick and

requires employees care and support (carer's leave); or

(1 The bereavement of the death of an immediate family or household member (compassionate

leave).

13.1.2 Unless impracticable to do so, you are required to notify your Manager personally by telephone of your
inability to attend for your rostered shift and the likely duration of the. absence at least two (2) hours prior to
you r rostered starting time.

13.1.3 Medical evidence of illness or injury is to be provided when two (2) or more days Personal Leave is taken in a

year; or an absence due to illness or injury or carers leave occurs on a day before or after a weekend or a

rostered day off.

13.1.4 All employees are entitled to two days unpaid carers leave fora particular permissible occasion, if all

paid leave has been exhausted.

13.1.5 The provisions of the above mentioned clauses do not apply to casual employees.

13.2 Sickleave

Due to personal illness or injury, an employee is entitled to use accumulated personal leave.

accumulated personal leave may be used as sick leave if current sick leave entitlement is

exhausted.

Employees are entitled to one sick day per annum without the need to produce a Medical

Certificate.

13.2.1 Employee must give notice

Before taking sick leave an employee must give at leasttwo hours notice before their rostered

starting time, unless the employee has a good reason for notdolng so.

13.2.2 The effect of workers' compensation

An employee receiving workers' compensation payments is not entitled to sick leave.

13.3 Carer's Leave

13.3.1 Paid leave entitlement

An employee is entitled to use up to 40 hours personal leave each year for members of the

employees' immediate family or household. This entitlement is subject to the employee being

responsible for the care and support of the person concerned. In normal circumstances an

employee is not entitled to take carer's leave where another person has taken leave to care

Kimberley Accommodation November 09 Page 17











kimberley ACCOMMODATION 13.0 PERSONAL LEAVE 13.1 Entitlement to personal leave Full time and part-time employees are entitled to personal leave without loss of pay due to: Personal illness or injury (sick leave); or For the purpose of caring for an immediate family or household member that is sick and requires employees care and support (carer's leave); or The bereavement of the death of an immediate family or household member (compassionate leave). 13.1.2 Unless impracticable to do so, you are required to notify your Manager personally by telephone of your inability to attend for your rostered shift and the likely duration of the absence at least two (2) hours prior to your rostered starting time. 13.1.3 Medical evidence of illness or injury is to be provided when two (2) or more days Personal Leave is taken in a year; or an absence due to illness or injury or carers leave occurs on a day before or after a weekend or a rostered day off. 13.1.4 All employees are entitled to two days unpaid carers leave for a particular permissible occasion, If all paid leave has been exhausted. 13.1.5 The provisions of the above mentioned clauses do not apply to casual employees. 13.2 Sick leave Due to personal illness or injury, an employee is entitled to use accumulated personal leave. accumulated personal leave may be used as sick leave if current sick leave entitlement is exhausted Employees are entitled to one sick day per annum without the need to produce a Medical Certificate. 13.2.1 Employee must give notice Before taking sick leave an employee must give at least two hours notice before their rostered starting time, unless the employee has a good reason for not doing so. 13.2.2 The effect of workers' compensation An employee receiving workers' compensation payments is not entitled to sick leave. 13.3 Carer's Leave 13.3.1 Paid leave entitlement An employee is entitled to use up to 40 hours personal leave each year for members of the employees' immediate family or household. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care Kimberley Accommodation November 09 Page 17




 



13.3.2 Evidence supportlngclairn

The employee must establish by production a medical certificate or statutory declaration, the illness

of the person concerned and that the illness is such as to require care by another.

for the same person.

13.3.3 Unpaid leave

An employee may take unpaid carer's leave by agreement with management.

13.4 Compassionate Leave

13.4.1 Paid leave entitlement

An employee other than casual is entitled to be paid up to 2 days personal leave as bereavement

leave on any occasion on which a member of the employees' immediate family or household.

13.4.2 Unpaid leave entitlement

Where an employee has exhausted all personal leave entitlements, including accumulated leave

entitlements, the employee can take unpaid bereavement leave. Management and the employee

should agree on the length of unpaid leave.

13.4.3 Evidencesupporting claim.

Management may require the employee to provide satisfactory evidence of the death or

serious illness of the member of the employees' immediate family or household.

14.0 PARENTAL LEAVE

Employees are entitled to unpaid parental leave in accordance with

Parental Leave oj the Fair Work Act 2009.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption

leave andto work part-time in connection with the birth or adoption ofa child.

14.1 Definitions

For the purpose of this clause child means a child of theernplcyeeunder the age of one year

except for adoption of a child were child means a person under the age of five years who is placed

with the employee for the purpose ofadoption, other than a child or step-child of the employee or

of the.spouseof the employee or a child Who has previously lived continuously with the employee

for a period of six months or more.

14.2 BasicEntitlement

After-twelve months of continuous employment, parents are entitled to a combined total of 52

week's unpaid parental leave ona shared basis in relation to the birth or adoption of a child.

15.0 LONG SERVICE LEAVE

An employee shall be entitled to long service leave in accordance to the Long Service LeaveAct

1958.

I
I

..
Kimberley Accommodation November 09 Page 18











kimberley & COMMODATION for the same person. 13.3.2 Evidence supporting claim The employee must establish by production a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another. 13.3.3 Unpaid leave An employee may take unpaid carer's leave by agreement with management. 13.4 Compassionate Leave 13.4.1 Paid leave entitlement An employee other than casual is entitled to be paid up to 2 days personal leave as bereavement leave on any occasion on which a member of the employees' immediate family or household. 13.4.2 Unpaid leave entitlement Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, the employee can take unpaid bereavement leave. Management and the employee should agree on the length of unpaid leave. 13.4.3 Evidence supporting claim. Management may require the employee to provide satisfactory evidence of the death or serious illness of the member of the employees' immediate family or household. 14.0 PARENTAL LEAVE Employees are entitled to unpaid parental leave in accordance with Parental Leave of the Fair Work Act 2009. Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. 14.1 Definitions For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child were child means a person under the age of five years who is placed with the employee for the purpose of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more. 14.2 Basic Entitlement After twelve months of continuous employment, parents are entitled to a combined total of 52 week's unpaid parental leave on a shared basis in relation to the birth or adoption of a child. 15.0 LONG SERVICE LEAVE An employee shall be entitled to long service leave in accordance to the Long Service Leave Act 1958 Kimberley Accommodation November 09 Page 18




 



16.0 EXCLUSIVE SERVICE
If you are a Salary employee you are required to devote the whole of your time, attention and ability during

the course of your employment with Kimberley Accommodation exclusively to this business. You

accordingly undertake that you will not, without the prior consent of the Employer (which will not be

unreasonably Withheld), undertake any other businessor accept any position, whether remunerated or not,

with any other business or entity.

17.0 TRAINING

You shall receive on-going training to ensure that you are provided with every opportunity to succeed
in your role.
You agree to co-operate and assist in the transfer of skills to other workers.

18.0 REMUNERATION STRUCTURE

Remuneration for thls position will be structured as follows:

18.1.1 If employed as a Casual or Part-time employee f you will be paid for all ordinaryhours worked lesstax and
authorised deductions and at least equivalent to the minimum hourly rate for your age andclasslftcatlon
level. Plus9% superannuation (in accordance with the Superannuation Guarantee (Administration) Act
I992-) into an approved Superannuation fund.

18.1.2 If employed as a fulltime employee, you will be paid an annual salary, lesstax and authorised
deductions, for all hours worked and will not be lessthan the amount for your classification level. Plus9%
superannuation (in accordance with the Superannuation Guarantee (Administration) Act 1992) into an
approved Superannuation fund.

18.1.3 Petformanceand overall reviews will take place after twelve (12) months of employment and subject to this

review; your rate of pay may increase, subject to the sale discretion of the Employer and aftertaking into

consideration such factors asyour performance, the performance of the businessgeneral economic factors

and your ability or overall value to the business. All employees will be paid above the award minimum wages

at all times throughout the life of this Agreement.

18.1.4 You will be paid fortnightly by EFT (Electronic FundsTransfer)

19.0 DISPUTERESOLUTION

In the event of a dispute in relation to a matter.pertaining to your employment, in the first instance the
parties must attempt to resolve the matter at the workplace by dlscusstons between the employee or
employees concerned and the relevant supervisor. If such discussionsdo not resolve the dispute, the
parties will endeavour to resolve the dispute in a timely mannerby discussions between the employee or
employees concerned and more senior levels of management as appropriate.

If a dispute in relation to a matter pertaintngto your employment is unable to be resolved at the
workplace, and all appropriate steps have been taken,a party-tothe dispute may referthe dispute tothe
Commission.

Kimberley.Accommodatten November09 Page 19











kimberley y COMMODATION 16.0 EXCLUSIVE SERVICE If you are a Salary employee you are required to devote the whole of your time, attention and ability during the course of your employment with Kimberley Accommodation exclusively to this business. You accordingly undertake that you will not, without the prior consent of the Employer (which will not be unreasonably withheld), undertake any other business or accept any position, whether remunerated or not, with any other business or entity. 17.0 TRAINING You shall receive on-going training to ensure that you are provided with every opportunity to succeed in your role. You agree to co-operate and assist in the transfer of skills to other workers. 18.0 REMUNERATION STRUCTURE Remuneration for this position will be structured as follows: 18.1.1 If employed as a Casual or Part-time employee, you will be paid for all ordinary hours worked less tax and authorised deductions and at least equivalent to the minimum hourly rate for your age and classification level. Plus 9% superannuation (in accordance with the Superannuation Guarantee (Administration) Act 1992) into an approved Superannuation fund. 18.1.2 If employed as a fulltime employee, you will be paid an annual salary, less tax and authorised deductions, for all hours worked and will not be less than the amount for your classification level. Plus 9% superannuation (in accordance with the Superannuation Guarantee (Administration) Act 1992) into an approved Superannuation fund. 18.1.3 Performance and overall reviews will take place after twelve (12) months of employment and subject to this review; your rate of pay may increase, subject to the sole discretion of the Employer and after taking into consideration such factors as your performance, the performance of the business, general economic factors and your ability or overall value to the business. All employees will be paid above the award minimum wages at all times throughout the life of this Agreement. 18.1.4 You will be paid fortnightly by EFT (Electronic Funds Transfer) 19.0 DISPUTE RESOLUTION In the event of a dispute in relation to a matter pertaining to your employment, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. If a dispute in relation to a matter pertaining to your employment is unable to be resolved at the workplace, and all appropriate steps have been taken, a party to the dispute may refer the dispute to the Commission. Kimberley Accommodation November 09 Page 19




 



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The parties may agree on the process to be utilised by the Commission including mediation, conciliation
and consent arbitration.

Where the matter in dispute remains unresolved the Commission may exercise any method ofdispute
resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

An employer or employee may appoint another person, organisation or association to accompany and/or
represent them for the purposes of this clause.

While the dispute resolution procedure is being conducted, work must continue inaccordance with this
Contract. Subject to applicable occupational health and safety legislation, an employee must not
unreasonably fail to comply with a direction by the employer to perform work, whether at the same or
another workplace. that is safe and appropriate for the employee to perform.

20,0 TERMINATION & REDUNDANCY

Termination of Employment

20.1.1 All commencing fulltlrne or part-time employees will be employed on a three (3) month probationary period

during which either employee or employer may provide one (1) week's notice of an intention to terminate their

employment.

20.1.2 Prior-to the expiry date of the initial probationary period the employer may extend the probationary period

fora further three (3) months to make a further assessment of the sultabllltv of an employee for ongoing

emplovrnent, Any such extension of a probationary period must be advised to an employee in writing.

20.1.3 Except during a period of probatlon, fulltlmeor part-time employees shall prOVide tWQ (2) week's notice of

their intention to terminate their employment, unless there is a mutual agreement to a shorter period.

20.1.4 In thecaseof casual employees, either party Can provide notice of their intention to terminate employment

by providing one (1) days notice at any time.

20.1.5

The employer will provide notice of intention to terminate employment in accordance with the following table:

Continuous service Period ofnotice
Not more than 1.Year - One (1) week or payment or

forfeiture,iillieu ofthls period.

More than 1 year but not more than - Two (2) weeks or payment or
3 years forfeiture, lnlleu of this period.

More than 3 years but not more than - Three (3) weeks or payment or
5 years forfeiture.JnIleu of this period.

More than 5 years - Four (4) weeks or payment or
forfeiture, in lieu of this period.

20.1.6 If you are over forty-five (45) years of age and have completed two (2) years continuous service, the notice period
will be extended by one (1) week.

KimberleyAccommodation November 09 Page 20











kimberley & ACCOMMODATION The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration. Where the matter in dispute remains unresolved the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. While the dispute resolution procedure is being conducted, work must continue in accordance with this Contract. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. 20.0 TERMINATION & REDUNDANCY Termination of Employment 20.1.1 All commencing fulltime or part-time employees will be employed on a three (3) month probationary period during which either employee or employer may provide one (1) week's notice of an intention to terminate their employment, 20.1.2 Prior to the expiry date of the initial probationary period the employer may extend the probationary period for a further three (3) months to make a further assessment of the suitability of an employee for ongoing employment. Any such extension of a probationary period must be advised to an employee in writing, 20.1.3 Except during a period of probation, fulltime or part-time employees shall provide two (2) week's notice of their intention to terminate their employment, unless there is a mutual agreement to a shorter period. 20.1.4 In the case of casual employees, either party can provide notice of their intention to terminate employment by providing one (1) days notice at any time. 20.1.5 The employer will provide notice of intention to terminate employment in accordance with the following table: Continuous service Period of notice Not more than 1 Year One (1) week or payment or forfeiture, in lieu of this period. More than 1 year but not more than Two (2) weeks or payment or 3 years forfeiture, in lieu of this period. More than 3 years but not more than - Three (3) weeks or payment or 5 years forfeiture, in lieu of this period. More than 5 years Four (4) weeks or payment or forfeiture, in lieu of this period. 20.1.6 If you are over forty-five (45) years of age and have completed two (2) years continuous service, the notice period will be extended by one (1) week. Kimberley Accommodation November 09 Page 20




 



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20.1.7 The employee may elect to make payment in lieu of the required notice period.

20.1.8 When calculating any payment In lieu of notice, only the wagesan employee would have received in respect to the
ordinary time they would have otherwise worked in the period of notice had the employment not been
terminated, will apply.

20.1.9 In the case of serious misconduct your employment may be terminated immediately and without notice.

20.1.10 If an employee falls to give the correct notice or fails to forfeit or pay the equivalent amount inlieu of notice, you
agree and authorise the Employer to deduct the equivalent amount in lieu of notice from any monies or
entitlements owing to you.

20.1.11 Nothing in this clause affects the Employer's right to dismiss you without notice for serious misconduct, which
justifies instant dismissal.

20.2 SIGNIFICANT EFFECT

Where the employer has made a definite decision that they no longer require the job an employee has been doing
to be continued by anyone, and this is not due to ordinary and customary turnover of labour, and that decision
may lead to termination of an employees' employment, the employer will hold discussions with the employee
unless it is Impractical to do so.

20.2.1 In addition to the period of notice prescribed for ordinary termination, an employee will be entitled to the
following minimum amount of severance pay in respect of a continuous period of service:

Periodof Continuous Service SeverancePay
Less than 1 year service Nil
Between 1 and 2 years service 4 Weeks
Between 2 and 3 years service 6 Weeks
Between 3 and4 years service 7 Weeks

Between 4 and £ years service 8 Weeks
Between 5 and 6 years service 10 Weeks
Between 6 and 7vears service 11Weeks
Between 7and 8 years service 13 Weeks
Between 8 and 9 years service 14 Weeks

Between 9 and 10 years service 16 Weeks

Over 10 years service 12 Weeks

20.2.2 An employee whose employment is terminated for reasonsset out in sub-clause2Q.2above may terminate
their employment duringthe period or notice and, lfso, shall be entitled to the same benefits and payments under
this clause had they remained in the employ of the employer until the expiry of such notice. Provided that in such
circumstances an employee shall not be entitled to payment in lieu of notice.

20.2.3 This entitlement to severance payments will not apply if the employer obtains a suitable alternative position for an
employee with another employerorat another venue within the entire company. A suitable alternative position
will be one of equal or near comparative remuneration for ortflnarv hours to the position an employee has been
retrenched from.

Kimberley Accommodation November 09 Page 21











kimberley ACCOMMODATION 20.1.7 The employee may elect to make payment in lieu of the required notice period. 20.1.8 When calculating any payment in lieu of notice, only the wages an employee would have received in respect to the ordinary time they would have otherwise worked in the period of notice had the employment not been terminated, will apply. 20.1.9 In the case of serious misconduct your employment may be terminated immediately and without notice. 20.1.10 If an employee fails to give the correct notice or fails to forfeit or pay the equivalent amount in lieu of notice, you agree and authorise the Employer to deduct the equivalent amount in lieu of notice from any monies or entitlements owing to you. 20.1.11 Nothing in this clause affects the Employer's right to dismiss you without notice for serious misconduct, which justifies instant dismissal. 20.2 SIGNIFICANT EFFECT Where the employer has made a definite decision that they no longer require the job an employee has been doing to be continued by anyone, and this is not due to ordinary and customary turnover of labour, and that decision may lead to termination of an employees' employment, the employer will hold discussions with the employee unless it is impractical to do so. 20.2.1 In addition to the period of notice prescribed for ordinary termination, an employee will be entitled to the following minimum amount of severance pay in respect of a continuous period of service: Period of Continuous Service Severance Pay Less than 1 year service Nil Between 1 and 2 years service 4 Weeks Between 2 and 3 years service 6 Weeks Between 3 and 4 years service 7 Weeks Between 4 and 5 years service 8 Weeks Between 5 and 6 years service 10 Weeks Between 6 and 7 years service 11 Weeks Between 7 and 8 years service `13 Weeks Between 8 and 9 years service 14 Weeks Between 9 and 10 years service 16 Weeks Over 10 years service 12 Weeks 20.2.2 An employee whose employment is terminated for reasons set out in sub-clause 20.2 above may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had they remained in the employ of the employer until the expiry of such notice. Provided that in such circumstances an employee shall not be entitled to payment in lieu of notice. 20.2.3 This entitlement to severance payments will not apply if the employer obtains a suitable alternative position for an employee with another employer or at another venue within the entire company. A suitable alternative position will be one of equal or near comparative remuneration for ordinary hours to the position an employee has been retrenched from. Kimberley Accommodation November 09 Page 21




 



\------------------------------------------------

21.0 BOARD& LODGING

The employer may provide the employees with full board and lodging during the time they are employed.

If the employer doesprovide this entitlement they may deduct from the employees' wages an amount

asfollows, the rates detailed below are for on-site living including meals:

Single Rate", $180.45 per fortnight

Shared Rate e $135.45 per fortnight per person.

22.0 SERIOUS MISCONDUCT
Serious misconduct is considered to be but not limited to:

.. Verbal or physical abuse to a customer or fellow employee;

o Working under the influence of alcohol or anyillegaldrug:
o Any act of fraud or theft;
ill Deliberate and willful or malicious damage to the Employer's property, another employee's property, a

customer's property or a supplier's property;
.. Acts detrimental to the Employer's business image;
... Intimidation, humiliation, discrimination and harassment in any form will not be tolerated in the

workplace;

$ Failure to comply with any relevant health and safety obligations;
.. Refusal to carry out lawful and reasonable directions in the course ofemployment;

.. Falsification of records i.e. timekeeping records and sales records etc: and
• Breachingthe Liquor Centro! Act and relevant codes.
o Failure to comply with company policies and procedures.

23.0 OCCUPATIONAL HEALTH & SAFETY (OHS)

There are basic safety rules, which apply equally to you and every other employee. They are:

.. Take reasonable care to ensure your health and safety;
& Avoid adversely affecting the health and safety of any other person through any act or omission at the

workplace;
.. Comply as far as you are reasonably able, with instructions given by the Employer with respect to your

personal health and safety orthe health and safety of other persons;
.. Useprotective clothing and equipment as provided;
co Report tovour Manager anyinjuryor incident that occurs at the workplace; and
co Report any situations at the workplace that you believe constitutes a hazard.

Kimberley Accommodation November 09 Page 22











kimberley ACCOMMODATION 21.0 BOARD & LODGING The employer may provide the employees with full board and lodging during the time they are employed. If the employer does provide this entitlement they may deduct from the employees' wages an amount as follows, the rates detailed below are for on-site living including meals: Single Rate = $180.45 per fortnight Shared Rate = $135.45 per fortnight per person. 22.0 SERIOUS MISCONDUCT Serious misconduct is considered to be but not limited to: Verbal or physical abuse to a customer or fellow employee; . Working under the influence of alcohol or any illegal drug; Any act of fraud or theft; Deliberate and willful or malicious damage to the Employer's property, another employee's property, a customer's property or a supplier's property; . Acts detrimental to the Employer's business image; Intimidation, humiliation, discrimination and harassment in any form will not be tolerated in the workplace; Failure to comply with any relevant health and safety obligations; Refusal to carry out lawful and reasonable directions in the course of employment; Falsification of records i.e. timekeeping records and sales records etc .; and Breaching the Liquor Control Act and relevant codes. Failure to comply with company policies and procedures. 23.0 OCCUPATIONAL HEALTH & SAFETY (OHS) There are basic safety rules, which apply equally to you and every other employee. They are: Take reasonable care to ensure your health and safety; Avoid adversely affecting the health and safety of any other person through any act or omission at the workplace; . Comply as far as you are reasonably able, with instructions given by the Employer with respect to your personal health and safety or the health and safety of other persons; . Use protective clothing and equipment as provided; Report to your Manager any injury or incident that occurs at the workplace; and Report any situations at the workplace that you believe constitutes a hazard. Kimberley Accommodation November 09 Page 22




 



24.0 DRUGS & ALCOHOL

The consumption of drugs and alcohol priorto commencing and during your normal working hours is not
permitted.

a) Drinking alcohol and the use of drugs can endanger your own safety and those who work with you.
Members of the public and customers can also be placed at risk. Intoxication or possession of
intoxicating liquor (unless authorised) and use ofillegal drugs in the workplace will not be tolerated and
may result in dismissal.

b) Should you believe your physical or mental competence Is adversely affected for any reason your
Manager should be informed before you commence working.

c) It Is your responsibility to advise your Manager as soon as practical if you are taking prescription
medicines that may affect your work performance. The Employer or your Manager reserves the right to
askforevidence in this situation.

d) The Employer discourages smoking; however, if you wish to smoke it must be done outside the premises
in designated staff areas, during your breaks and out of the view of any customers. Please ask your
Supervisor or Venue Managerwhere these areasare at your particular venue.

25.0 ACCESS TOTHE AGREEMENT

Summary of this agreement will be provided to eachemployee at the time of engagement.

A copy of the agreement Will be maintained in the establishment in a place readily accessible

to all employees and will be available for lnspection at any time by an employee.

Kimberley Accommodation November 09 Page 23











kimberley & ACCOMMODATION 24.0 DRUGS & ALCOHOL The consumption of drugs and alcohol prior to commencing and during your normal working hours is not permitted. a) Drinking alcohol and the use of drugs can endanger your own safety and those who work with you. Members of the public and customers can also be placed at risk. Intoxication or possession of intoxicating liquor (unless authorised) and use of illegal drugs in the workplace will not be tolerated and may result in dismissal b) Should you believe your physical or mental competence is adversely affected for any reason your Manager should be informed before you commence working. It is your responsibility to advise your Manager as soon as practical if you are taking prescription medicines that may affect your work performance. The Employer or your Manager reserves the right to ask for evidence in this situation. d) The Employer discourages smoking; however, if you wish to smoke it must be done outside the premises in designated staff areas, during your breaks and out of the view of any customers. Please ask your Supervisor or Venue Manager where these areas are at your particular venue. 25.0 ACCESS TO THE AGREEMENT Summary of this agreement will be provided to each employee at the time of engagement. A copy of the agreement will be maintained in the establishment in a place readily accessible to all employees and will be available for inspection at any time by an employee. Kimberley Accommodation November 09 Page 23




 



I
I

APPENDIX

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I
1

Appendix 1

Appendix 2

Appendix 3,

Classification Structure & Defintions

Minimum Hourly Rates of Pay

A. Schedule A - Casual Pay Rates

B. Schedule B~ Full-Time/Part-time PayRates

Employee statement and Request to Work Preferred Hours

Kimberley Accommodation November 09 Page 24











kimberley ACCOMMODATION APPENDIX Appendix 1 Classification Structure & Defintions Appendix 2 Minimum Hourly Rates of Pay A. Schedule A - Casual Pay Rates B. Schedule B - Full-Time/Part-time Pay Rates Appendix 3 Employee Statement and Request to Work Preferred Hours Kimberley Accommodation November 09 Page 24




 



CLASSIFICATION STRUCTURE

Employees are required to be available to perform work on a range oftasks to the required level of competence

skill and training according to their applicable definition set out in the following hotel classification structure.

Introductory Level

Employees excluding casuals with no previous hospitality experience who enters the industry and is unable to

meet the competency of Levell, will remain at the introductory level for up to a maximum of three months.

Levell

Employeeswho have the required skill level of basic practical skills and knowledge within a narrow range of areas

and are ableto perform routine tasks. They have acquired some knowledge of the venue's standards and

procedures.

iypical duties at this level include;

., Clearing plates &resetting tables, assisting food & beverage employees of a higher level but not including

service to customers.

.. General cleaning & maintenance duties.

e Assembling & preparing ingredients for cooking.

.. Folding linen & collection of laundry.

.. Operating ironing equipment or dish washing machines.

As a guide this level includes jobs, for example, Kitchen Attendant, Food & Beverage Attendant, Cleaner,

Kitchen Hand, and Iaundrv.Attendant,

Levell

Employeeswho can perform the tasks within Levell, and in addition, haveachieved skill levels required in

. accordance with their job descriptions. They Can demonstrate basic operational knowledge, apply solutions and

perform tasks within a limited range of responsibility. They may be multi skilled tntoother Jobsat this level.

Having amore general knowledge of operating systems and procedures they are able to give some guidance to

and support thetratning of employees ana lower level.

In addition to the duties of Levell, typical duties at this level include;

.. Supplying, dispensing or mixing liquor.

s Providing basic food &beverage service to guests.

.. Checking guests in & out of the Hotel.

e Servicing of accommodation areas.

• Cleaning of kitchens including handling of chemicals.

KimberleyAccommodation November 09 Page 25











kimberle ACCOMMODATION CLASSIFICATION STRUCTURE Employees are required to be available to perform work on a range of tasks to the required level of competence skill and training according to their applicable definition set out in the following hotel classification structure. Introductory Level Employees excluding casuals with no previous hospitality experience who enters the industry and is unable to meet the competency of Level 1, will remain at the introductory level for up to a maximum of three months. Level 1 Employees who have the required skill level of basic practical skills and knowledge within a narrow range of areas and are able to perform routine tasks. They have acquired some knowledge of the venue's standards and procedures Typical duties at this level include; Clearing plates & resetting tables, assisting food & beverage employees of a higher level but not including service to customers. General cleaning & maintenance duties. .0 · Assembling & preparing ingredients for cooking. · Folding linen & collection of laundry. . Operating ironing equipment or dish washing machines. As a guide this level includes jobs, for example, Kitchen Attendant, Food & Beverage Attendant, Cleaner, Kitchen Hand, and Laundry Attendant. Level 2 Employees who can perform the tasks within Level 1, and in addition, have achieved skill levels required in accordance with their job descriptions. They can demonstrate basic operational knowledge, apply solutions and perform tasks within a limited range of responsibility. They may be multi skilled into other jobs at this level. Having a more general knowledge of operating systems and procedures they are able to give some guidance to and support the training of employees on a lower level. In addition to the duties of Level 1, typical duties at this level include; Supplying, dispensing or mixing liquor. Providing basic food & beverage service to guests. Checking guests in & out of the Hotel. Servicing of accommodation areas. Cleaning of kitchens including handling of chemicals. Kimberley Accommodation November 09 Page 25




 



.. Receiving or handling of money.

$ Handling guests enquiries and requests.

" Handvperson duties.

" Assigning rooms to arriving guests & providing general information.

III Receiving and dispensing stock.

e Basiccooking &food preparation including breakfast, snacks &grills.

.. Performing basic clerical & routine office duties.

This level incorporates job descriptions usually described as: Bar Attendant, Room Attendant, Food & Beverage

Attendant, Reservation SalesAgent, Kitchen Attendant, Guest Service Agent, Cleaner and Short Order Cook.

Leve/3

Employee who can perform the tasks of Levell and 2 and can demonstrate the skill levels required in accordance

with their job description. They take responslbllltv for their own work and limited responsibility for others. They

have good skills in a range of areas and demonstrate discretion and [udgmerrt. They have good working knowledge

of the systems and procedures of their work area and demonstrate a professional work ethic and problem solving

skills. They are able to train, direct and supervise employees of lower levels within their work area.

In addition tothe duties of Levels 1 & 2, typical duties at this level include;

'" Provldlng food &beverage service to guests at a highly & competent level. (Including mixing a range of

sophisticated drlnks.]

f Assist with the skills trai ning or supervision of employees at a lower level.

" Taking reservations &seating people in restaurants.

.. Assisting in the cellar or bottle department.

.. General maintenance duties not requiring a trade certificate.

.. Controlling the quality of cleaning ofaccornrnodatton.

.. Cooking food including baking, pastry cooking & butchering.

.. Attending a wagering terminal. (TAB)

This level incorporates job descriptions described as: Food & Beverage Team Leader, Guest Services Team

Leader, Reservations Sales, Housekeeping Team Leader, Front Office Co-ordinator, Cook and Trades Assistant.

Levef4

Employee who can perform the tasks of Levell, 2 and 3 and have achieved advanced skill levels across a wide

range of duties in accordance with their job descriptions. They can work independently and take responsibility for

others. They may have a formal qualification or demonstrateequlvalent competencies that allow them to perform

their tasks at a highly competent level.

In addition to the duties of Levels 1,2& 3, typical duties at this level include;

• Rostering duties.

l

I

Kimberley Accommodation November 09 Page 26











kimberley % ACCOMMODATION Receiving or handling of money. Handling guests enquiries and requests. Handyperson duties. Assigning rooms to arriving guests & providing general information. Receiving and dispensing stock. Basic cooking & food preparation including breakfast, snacks & grills. Performing basic clerical & routine office duties. This level incorporates job descriptions usually described as: Bar Attendant, Room Attendant, Food & Beverage Attendant, Reservation Sales Agent, Kitchen Attendant, Guest Service Agent, Cleaner and Short Order Cook. Level 3 Employee who can perform the tasks of Level 1 and 2 and can demonstrate the skill levels required in accordance with their job description. They take responsibility for their own work and limited responsibility for others. They have good skills in a range of areas and demonstrate discretion and judgment. They have good working knowledge of the systems and procedures of their work area and demonstrate a professional work ethic and problem solving skills. They are able to train, direct and supervise employees of lower levels within their work area. In addition to the duties of Levels 1 & 2, typical duties at this level include; Providing food & beverage service to guests at a highly & competent level. (Including mixing a range of sophisticated drinks.) . Assist with the skills training or supervision of employees at a lower level. Taking reservations & seating people in restaurants. Assisting in the cellar or bottle department. General maintenance duties not requiring a trade certificate. Controlling the quality of cleaning of accommodation. Cooking food including baking, pastry cooking & butchering. Attending a wagering terminal. (TAB) This level incorporates job descriptions described as: Food & Beverage Team Leader, Guest Services Team Leader, Reservations Sales, Housekeeping Team Leader, Front Office Co-ordinator, Cook and Trades Assistant. Level 4 Employee who can perform the tasks of Level 1, 2 and 3 and have achieved advanced skill levels across a wide range of duties in accordance with their job descriptions. They can work independently and take responsibility for others. They may have a formal qualification or demonstrate equivalent competencies that allow them to perform their tasks at a highly competent level. In addition to the duties of Levels 1, 2 & 3, typical duties at this level include; Rostering duties Kimberley Accommodation November 09 Page 26




 



---------------,

" Cooking duties as a commls chef.

\ Taking full control of a cellar or bottle department.

.. Providing advanced food &beverage services.

" Supervising & directing staff of a lower level.

.. Account duties that require computer literacy and decision making.

This level incorporates job descriptions usually described as: Commis Chef, Food & Beverage Supervisor,

Accounts Clerk, Reception Supervisor, and Housekeeping Supervisor.

LevelS

Employeewho can perform the tasks of Levell, 2,3 and 4 and can demonstrate wide ranging analytical,

interpersonal and technical skills and knowledge in accordance with their job descriptions. Employees can perform

their assigned tasks with a superior degree of skill and proficiency. At thts level, with general guidance from their

departmental heads, they can take responsibility for group outcomes and can assist in the planning, organising and

controlling of group activities. They will have acquired an appropriate training and supervision qualifications and

have the competency to supervise and train employees at the lower levels.

In addition to the duties of Levels 1, 2, 3 & 4, typical duties at this level include;

II Training ofemployees at lower levels.

« Controlling payroll and productivity.

B Handling guests issues of a complex nature.

e Coordinating & communicating with other departments.

This level incorporates job descriptions as: Dernl-Chef, Duty Managers, Front Office Supervisor and Certified Trades

Person.

LeveJ6

Employees who, in addition to being able to demonstrate highly developed culinary technical skills, can perform

the taskswithin Levels 1,2,3,4 and Sand can demonstrate Wide ranging analytical, interpersonal and technical

skills and knowledge in accordance with their job description. Employees can perform their assigned tasks with

superior degree of skill and proficiency. At this level, with minimal general guidance from their department heads,

they can take responsibility for group outcomes and can assists in planning, organizing and controlling ofgroup

activities.

This level includes the job description usually described as Chef de Partie and Crowd Controller

Kimberley Accommodation November 09 Page 27











kimberley& - ECOMMODATION · Cooking duties as a commis chef. Taking full control of a cellar or bottle department. Providing advanced food & beverage services. Supervising & directing staff of a lower level. Account duties that require computer literacy and decision making. This level incorporates job descriptions usually described as: Commis Chef, Food & Beverage Supervisor, Accounts Clerk, Reception Supervisor, and Housekeeping Supervisor. Level 5 Employee who can perform the tasks of Level 1, 2, 3 and 4 and can demonstrate wide ranging analytical, interpersonal and technical skills and knowledge in accordance with their job descriptions. Employees can perform their assigned tasks with a superior degree of skill and proficiency. At this level, with general guidance from their departmental heads, they can take responsibility for group outcomes and can assist in the planning, organising and controlling of group activities. They will have acquired an appropriate training and supervision qualifications and have the competency to supervise and train employees at the lower levels. In addition to the duties of Levels 1, 2, 3 & 4, typical duties at this level include; Training of employees at lower levels. Controlling payroll and productivity. Handling guests issues of a complex nature. Coordinating & communicating with other departments. This level incorporates job descriptions as: Demi-Chef, Duty Managers, Front Office Supervisor and Certified Trades Person. Level 6 Employees who, in addition to being able to demonstrate highly developed culinary technical skills, can perform the tasks within Levels 1,2,3,4 and 5 and can demonstrate wide ranging analytical, interpersonal and technical skills and knowledge in accordance with their job description. Employees can perform their assigned tasks with superior degree of skill and proficiency. At this level, with minimal general guidance from their department heads, they can take responsibility for group outcomes and can assists in planning, organizing and controlling of group activities. This level includes the job description usually described as Chef de Partie and Crowd Controller Kimberley Accommodation November 09 Page 27




 



SCHEDULE A
MINIMUM HOURLY RATES OF PAY

Casual Employees:

EMPLOYEE'S LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6

AGE Ordinary Ordinary Ordinary Ordinary Ordinary Ordinary

Hourly Hourly Hourly Hourly Hourly Hourly
Rates Rates Rates Rates Rates Rates

18yrs $15.95 $16.65 $17.15 $18.10 $19.25
$2.0.00

$19.95 $20.80 $21.45 $22.65 $24.10
$25.00

ADULT

(19yrs plus)

Provided that your minimum hourlyrate will not be less than the FairPay and Conditions
Standard minimurn hourly rate.

Kimberley Accommodation November 09 Page 28















 kimberley CCOMMODATION SCHEDULE A MINIMUM HOURLY RATES OF PAY Casual Employees: EMPLOYEE'S LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 AGE Ordinary Ordinary Ordinary Ordinary Ordinary Ordinary Hourly Hourly Hourly Hourly Hourly Hourly Rates Rates Rates Rates Rates Rates 18yrs $15.95 $16.65 $17.15 $18.10 $19.25 $20.00 ADULT $19.95 $20.80 $21.45 $22.65 $24.10 $25.00 (19yrs plus) Provided that your minimum hourly rate will not be less than the Fair Pay and Conditions Standard minimum hourly rate. Kimberley Accommodation November 09 Page 28 



SCHEDULES

Full..TimelPart-Time Employees:

EMPLOYEE'S LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6

AGE Ordinary Ordinary Ordinary Ordinary Ordinary Ordinary

Hourly Hourly Hourly Hourly Hourly Hourly
Rates Rates Rates Rates Rates Rates

18yrs $14AO $15.10 $15.50

$17.80 $18.20 $19.10 $20.20 $21.50
$22.10

ADULT

(19yrs pius)

Provided that your minimum hourlyrate willnot be less thanthe FairPayand Conditions
Standard minimum hourlyrate.

Kimberley Accommodation November 09 Page 29











kimberley. ACCOMMODATION SCHEDULE B Full-Time/Part-Time Employees: EMPLOYEE'S LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 AGE Ordinary Ordinary Ordinary Ordinary Ordinary Ordinary Hourly Hourly Hourly Hourly Hourly Hourly Rates Rates Rates Rates Rates Rates 18yrs $14.40 $15.10 $15.50 ADULT $17.80 $18.20 $19.10 $20.20 $21.50 $22.10 (19yrs plus) Provided that your minimum hourly rate will not be less than the Fair Pay and Conditions Standard minimum hourly rate. Kimberley Accommodation November 09 Page 29




 



EMPlQYE!; STATEMENT AND REQUEST TO WORK PREFERRED HOURS

In accordance with the provisions of the Enterprise Agreement, 1wish to work preferred hours and record
my reasons for that request. I understand that I wtil not be paid any pdditional penalties. allowances Of
overtime that arise directly (rom my request to work these hours and that I have elected to forgo the
additional penalty rates, overtime and other allowances that would otherwise apply to these hours under
the Award.

I wish to work the above hours because:

I
~---------~~-~~
Signed by the Employee:

Employee's Name~

Date of Request:

Employer Approval:

Date of Apprtlva!:

f' ~""~........ ~~ .. ,-.••-.........."" f,; .....--, ~-... '.y-, ":".,..,, ,.•.•••-"•• , ~ "". ~ •• ,;.

Kimberley Accommodation November 09 Page 30











kimberle ACCOMMODATION EMPLOYEE STATEMENT AND REQUEST TO WORK PREFERRED HOURS In accordance with the provisions of the Enterprise Agreement, I wish to work preferred hours and record my reasons for that request. I understand that I will not be paid any additional penalties, allowances or overtime that arise directly from my request to work these hours and that I have elected to forgo the additional penalty rates, overtime and other allowances that would otherwise apply to these hours under the Award. Day Monday tuesday wednesday Thurso Sunday Start time Finish time I wish to work the above hours because: Signed by the Employee: Employee's Name: Date of Request: Employer Approval: Date of Approval: Kimberley Accommodation November 09 Page 30




 



Date:

Signed:

SIGNATURES

Multi-Enterprise Bargaining Agreement under the Workplace Relations Act 1996, between:

FOR THE EMPLOYER

The employer understands their rights and obligations under this Agreement and has entered into this Agreement

freely with the intention to have this Agreement approved and registered,

L'.

Martin Peirson-lones

Company Director

Address:

FOR THE EMPLOYEES

101 J IJwhOm 141
6roo/JU.- It!A h 1-lS

The employees understand their rights and obligations under this Agreement and acknowledge that this

Agreement is freely and voluntarlly entered into.

Employee Representatives:

Signed:

Date:

Name in full (printed):

Address: f/i-T rT "
I

f /'Yl ~':1 So 1.

Kimberley Accommodation November 09
'"

Page 31











kimberley ACCOMMODATION SIGNATURES Multi-Enterprise Bargaining Agreement under the Workplace Relations Act 1996, between: FOR THE EMPLOYER The employer understands their rights and obligations under this Agreement and has entered into this Agreement freely with the intention to have this Agreement approved and registered. Signed: 1/12/09 Date: Martin Peirson-Jones Company Director Address: Lot 3 Denham Rd Broome WA 6725 FOR THE EMPLOYEES The employees understand their rights and obligations under this Agreement and acknowledge that this Agreement is freely and voluntarily entered into. Employee Representatives: Signed: 12 Bouton Date: 11/12/09 Name in full (printed): MS. KERRY BOYLAN Address: UMIT 7 1 MARY ST. BROOME WA 6725 Kimberley Accommodation November 09 Page 31

Cases cited by this decision: