1
Fair Work Act 2009
s.185—Enterprise agreement
Tangentyere Council Incorporated
(AG2014/5724)
THE TANGENTYERE COUNCIL ENTERPRISE AGREEMENT 2013-
2016
Northern Territory
VICE PRESIDENT LAWLER SYDNEY, 26 MAY 2014
Application for approval of The Tangentyere Council Enterprise Agreement 2013-2016.
[1] An application has been made for approval of an enterprise agreement known as The
Tangentyere Council Enterprise Agreement 2013-2016 (Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Tangentyere
Council Incorporated. The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are
relevant to this application for approval have been met.
[3] I note that the representative of the employer confirmed that the signatory of the
Agreement on behalf of the Employer had authority to execute the Agreement.
[4] The United Voice Northern Territory Branch, being a bargaining representative for the
Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
2 June 2014. The nominal expiry date of the Agreement is 1 June 2017.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
[2014] FWCA 3315
DECISION
E AUSTRALIA FairWork Commission
OF FAIR WORK COME AUSTRALIA THE SEAL
[2014] FWCA 3315
2
Price code J, AE408219 PR550780
TANGENTYERE COUNCIL INCORPORATED
Fair Work Act 2009
ENTERPRISE AGREEMENT 2013-2016
1. TITLE
This agreement will be known as ...
The Tangentyere Council Enterprise Agreement 2013·2016
2.ARRANGEMENT
1. Title ....................................................................................................... 1
2. Arrangement .................................................................................. : ... 1
3. Definitions ........................................................................................... 3
4. Cov~;Jr.age ..................... ;. ...... .,., .. ""'.'''···· ................................ , ................. 3
::\.' .; \:,. /,')' ·'·.:~·:,, ... ,·:·.:·. ",.':"'.'•,•'\. ;;: ·-~\,. ·..'"/ ....... .'.· /'''·\··' :. ·.::.:~· ·'.(\"' ,,.:.:·· .. , ... \, ":11', ... ··:::·-:'~:"·:.:.
5. Cofl!)men~ef!h~t:O.at~ and PE!n,j)d :Pf;.Operll!ttoli' .. ;,~.:;; ... ~:.::::: ........ 3
,..: ... ;,.. ,,.::-. .... ,.'\. ..... ,\':, ... ··:,;.···'\·.\····:Y·, ..... . ,{:,- ... :}~,,. ..... ,. .. :i'' .. }:;·,.,, ·:·,\.· \::.,,_, .. ~· .. ::· .. , .... '.•· .. : .. \., .. :·.··
6. Relationship to Tangentyere Collective Agreement 2006-2009,
the National Employment Standards, Model Terms etc ... ,. ....... ,.3
7. Fair Work Commission Model Terms ................................................. ..4
8. Anti Discrimination, Bullying and Harassment ........................... 6
9. Aims and Objectives of the Agreement ........................................ 7
10. Tangentyere as an Aboriginal Organisation .............................. 8
11. Hours of Work and Meal Breaks ................................................... 8
12. Dispute Settling Procedure .......................................................... 10
13. Employment Categories ........................ ., ...................................... 11
14. Probation Period ............................................................................. 12
15. Advice to Employees on Commencement of Employment ... 12
16. Redundancy ..................................................................................... 12
17. Notice of Termination .................................................................... 14
18. Wage Related Matters .............................. ., .................... ., ... : ...... 15
19. Payment of Wages ., ....................................................................... 16
20. First Aid Allowance ................ . ....................... . .. .17
Tilngentyere Council ~nterprise Agreement 2013·16 Page 1 of 47
TANGENTYERE COUNCIL INCORPORATED Fair Work Act 2009 ENTERPRISE AGREEMENT 2013-2016 1. TITLE This agreement will be known as ... The Tangentyere Council Enterprise Agreement 2013-2016 2. ARRANGEMENT 1. Title 1 2. Arrangement .1 3. Definitions 3 4. Coverage 3 5. Commencement Date and Period of Operation ... .3 6. Relationship to Tangentyere Collective Agreement 2006-2009, onship to the National Employment Standards, Model Terms etc 3 7. Fair Work Commission Model Terms 4 8. Anti Discrimination, Bullying and Harassment 6 9. Aims and Objectives of the Agreement 7 10. Tangentyere as an Aboriginal Organisation 8 11. Hours of Work and Meal Breaks .8 12. Dispute Settling Procedure .10 13. Employment Categories .11 14. Probation Period 12 15. Advice to Employees on Commencement of Employment ... 12 16. Redundancy .. 12 17. Notice of Termination .14 18. Wage Related Matters 15 19. Payment of Wages 16 20. First Aid Allowance .17 Tangentyere Council Enterprise Agreement 2013-16 Page 1 of 47
21. Higher Duties ............................. , .................. ., ............................... 17
22. Salary Sacrifice ...... c ................................................................... 17
23. Travel Allowance .................................................... ., .............. ., ...... 18
24. Meal Allowance .............................................................................. 18
25. Bilingual Allowance ...................................................................... 18
26. Superannuation ............................. ,., ............................................... 18
27. Not used ............... ., ................................................ ., . ., ............ 19
28. Annual Leave ................... ., .............................................................. 20
29. Personal (Sick) and Carer's Leave ............................................ 21
30. Healthy Lifestyle Leave .. . ..................................................... 22
31. Performance Management ........................................................... 23
32. Disciplinary Procedures ..................... ., .. ., ....... ., . .,., ............ ., ....... 24
33. Parental and Foster Care Leave .................................................. 26
34. Public Holidays .............. .,, .............................................................. 28
35. Ceremonial Leave .................. ., ....................................................... 29
36. Bereavement (Compassionate) Leave ...................................... 29
3 7. L6i1i9' S~ryice Leave:;.......... .. ........ 30
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38. Jury Servtt:e,~~ ....... ,; ... ;: ... ,,....... . .. .. ...... 30
··:,,
39. Community Service L€iave ..................................................... 30
40. Special Leave .................................................................................. 30
41. Staff Development and Training ........................................ , ....... 31
42. Attendance at a Blood Bank .............. , ........................................ 32
43. Overtime ................... , ..................................................................... 32
44. Stand Down Without Pay ......... ., ................................................. 33
45. Shift Work Provisions ................................................... ., ............. 34
46. Sleepout camps .................................................. ., ........................ 35
4 7. Workplace Health & Safety .................................................... 36
48. Amenities ....................................................................................... 36
49. Signatories ................... , ....................................................... ., ....... 37
Appendix 1. Rates of Pay .................................................................................. 38
Classification Structure .. ,. .................................................................................. 39
Tangentyere Council Enterprise Agreement 2013-16 Pag• 2 Of 47
21. Higher Duties .. 17 22. Salary Sacrifice 17 23. Travel Allowance 18 24. Meal Allowance 18 25. Bilingual Allowance 18 26. Superannuation .. 18 27. Not used 19 28. Annual Leave 20 29. Personal (Sick) and Carer's Leave .21 30. Healthy Lifestyle Leave .22 31. Performance Management .. 23 32. Disciplinary Procedures .. 24 33. Parental and Foster Care Leave 26 34. Public Holidays .28 35. Ceremonial Leave .29 36. Bereavement (Compassionate) Leave ... 29 37. Long Service Leave. Jury Service for vote .30 .... 30 39. Community Service Leave 30 40. Special Leave .30 41. Staff Development and Training ... 31 42. Attendance at a Blood Bank ... 32 43. Overtime .32 44. Stand Down Without Pay .. 33 45. Shift Work Provisions 34 46. Sleepout Camps 35 47. Workplace Health & Safety .36 48. Amenities 36 49. Signatories 37 Appendix 1. Rates of Pay .38 Classification Structure .39 Tangentyere Council Enterprise Agreement 2013-16 Page 2 of 47
3. DEFINITIONS
"Aboriginal" refers to a person of Aboriginal or Torres Strait Islander
descent, who identifies as such, and is accepted by the community in
which he/she lives
~council" means Tangentyere Council Incorporated
"Chief Executive Officer" means the Chief Executive Officer of
Tangentyere Council Incorporated or a person authorised to act on the
Chief Executive Officer's behalf
"Employee" means a person employed by Tangentyere Council
Incorporated
"Employer" means Tangentyere Council Incorporated
"Union" means United Voice
"Standards" means the Fair Work Act 2009 National Employment
Standards.
"Standard Shift Hours" means the number of hours nominated to be
worked per day, and on which day, and has particular relevance to part
time employees.
A "Week" will, for any usage associated with determining a workers
entitlemeqts,be considereq}he 7 day period commencing on
Wednf:1,Sd,ay,,,aQ!),.~dip~ton;Tuesda¥i
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4. COVERAGE}] .. :: i::. : .':i ' ; '
4.1 This Agreement governs the minimum wages and conditions of
employment for all employees of Tangentyere Council Incorporated,
whose classifications are included in the Classification Structure.
5. COMMENCEMENT DATE AND PERIOD OF OPERATION
5.1 This Agreement will apply from 7 days after Fair Work Commission
approves it and reach its nominal expiry three years after that, but
remain in force thereafter In accordance with the provisions of the Fair
Work Act,
6. RELATIONSHIP TO THE PARENT AWARDS AND NATIONAL
EMPLOYMENT STANDARDS
6.1 This Agreement is a comprehensive agreement covering all wages and
conditions and overrides to the extent of any inconsistency the
applicable parent awards.
Tangentyere Council Enterprise Agreement 2013-16 Page 3 of 4?
3. DEFINITIONS "Aboriginal" refers to a person of Aboriginal or Torres Strait Islander descent, who identifies as such, and is accepted by the community in which he/she lives "Council" means Tangentyere Council Incorporated "Chief Executive Officer" means the Chief Executive Officer of Tangentyere Council Incorporated or a person authorised to act on the Chief Executive Officer's behalf "Employee" means a person employed by Tangentyere Council Incorporated "Employer" means Tangentyere Council Incorporated "Union" means United Voice "Standards" means the Fair Work Act 2009 National Employment Standards. "Standard Shift Hours" means the number of hours nominated to be worked per day, and on which day, and has particular relevance to part time employees. A "Week" will, for any usage associated with determining a workers entitlements be considered the 7 day period commencing on and ending on To Wednesday, and ending on Tuesday .. ror vote 4. COVERAGE 4.1 This Agreement governs the minimum wages and conditions of employment for all employees of Tangentyere Council Incorporated, whose classifications are included in the Classification Structure. 5. COMMENCEMENT DATE AND PERIOD OF OPERATION 5.1 This Agreement will apply from 7 days after Fair Work Commission approves it and reach its nominal expiry three years after that, but remain in force thereafter in accordance with the provisions of the Fair Work Act. 6. RELATIONSHIP TO THE PARENT AWARDS AND NATIONAL EMPLOYMENT STANDARDS 6.1 This Agreement is a comprehensive agreement covering all wages and conditions and overrides to the extent of any inconsistency the applicable parent awards. Tangentyere Council Enterprise Agreement 2013-16 Page 3 of 47
6.2 The National Employment Standards. (Fair Work Act 2009)
6.2.1 All matters that expressly adopt relevant sections of the National
Employment Standards are clearly identified In this Agreement. In
relation to three of the Standards, Annual Leave, Personal/Carers and
Compassionate (Bereavement) Leave, and requests for flexible working
arrangements the approach has been to adopt the Standards and then
add the local variations. In relation to the remaining Standards, Hours
and Minimum Rates it has been decided that local arrangements are so
far in excess of these Standards that there was nothing to be gained in
taking a similar approach. Therefore comprehensive stand alone
provisions have been adopted for Hours (Clause 11) and Rates of Pay
(Appendix 1).
6.2.2 Copies of the National Employment Standards (and variations to it) are
available to all staff on the noticeboard in your work area.
7 FAIR WORK COMMISSION MODEL TERMS
7.1 Model Flexibility "term
This agreement adopts the Fair Work Commission Model Flexibility Term
(Schedule 2.2)
(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),, .,a~rangements af:!out whel)l work is performed;
(H)i: 6~ereune ; ;; '~
(iii);' p~d!ty)~ ,. ,.{ ... ,, ::
(iv) allowances;
(v) leave loading; and
(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 yE!ars of Jge, signed by a parent or guardian of thQ Qmploy.a";
and
Tangenty~r~ Co~ncil Enterprise Agreement 2013-16 P•g• 4 of 47
6.2 The National Employment Standards. (Fair Work Act 2009) 6.2.1 All matters that expressly adopt relevant sections of the National Employment Standards are clearly identified in this Agreement. In relation to three of the Standards, Annual Leave, Personal/Carers and Compassionate (Bereavement) Leave, and requests for flexible working arrangements the approach has been to adopt the Standards and then add the local variations. In relation to the remaining Standards, Hours and Minimum Rates it has been decided that local arrangements are so far in excess of these Standards that there was nothing to be gained in taking a similar approach. Therefore comprehensive stand alone provisions have been adopted for Hours (Clause 11) and Rates of Pay (Appendix 1). 6.2.2 Copies of the National Employment Standards (and variations to it) are available to all staff on the noticeboard in your work area. 7 FAIR WORK COMMISSION MODEL TERMS 7.1 Model Flexibility Term This agreement adopts the Fair Work Commission Model Flexibility Term (Schedule 2.2) (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; IOr V vote (iii) .. penalty rates ,..... (iv) allowances; (v) leave loading; and (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 Tangentyere Council Enterprise Agreement 2013-16 Page 4 of 47
(d) includes details of;
(i) the terms of the enterpris agreement that will be varied by the
arrangement; .;md
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be b tter off overall in relation to the terms
and conditions of his or her em loyment as a result of the arrangement;
and
(e) states the day on which the rrangement commences.
(4) The employer must give thee ployee a copy of the individual flexibility
arrangement within 14 days aft r it Is agreed to.
(5) The employer or employee ay terminate the individual flexibility
arrangement:
(a) by giving no more than 28 ays written notice to the other party to
the arrangement; or
(b) if the employer and employe agree in writing at any time.
7.2 Model consultation term
(1) This term applies if the employ r:
(a) has made a definite decisi n to introduce a major change to production,
l)fOgtam, organisatio~, str ct or technology in relatiOf1 to its enterprise thilt
iS'Jikely tqihave,,t 1;igoifica t on t.he en'lplo.Yee'~~: df i '
:~i.. ·:.:. ::/' \·. -'.:\ : .. ~,, •. ·,'•',:i/ \) '}· ~. \'.'! ~(:· .':. !"' ,.,:t ',S: '::::. ~~.:;··•,,.,,,., .. ,,
(b) p{:oposes):o ihtfodi;\c;;lia ~;h ngi@ r6ti\e:i:egular''bbsilar.ar ordinary hours of work
of employees. "
Major change
(2) For a major change referred to n paragraph (l)(a):
(a) the employer must notify t e relevant employees of the decision to introduce
the major change; and
(b) subclauses (3) to (9) appl .
(3) The relevant employees may a point a representative for the purposes of the
procedures in this term.
(4) If;
(a) a relevant employee appoi ts, or relevant employees appoint, a representative
for the purposes of consult tion; and
(b) the employee or employe s advise the employer of the identity of the
representative;
the employer must recognise th representative.
(5) As soon as practicable after ma ing its decision, the employer must:
Tangenty•re
(a) discuss with the relevant e ployees:
(i) the Introduction of the change; and
(II) tne effect tne cnange i 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 em loyees; and
Enterprise Agreement 2013·16 Page 5 of 47
(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. 7.2 Model consultation term (1) This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or". (b) proposes to introduce a change to the regular toster or ordinary hours of work of employees. Major change (2) For a major change referred to in paragraph (1)(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (3) to (9) apply. (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: (i) the introduction of the change; and (11) 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 Tangentyere Council Enterprise Agreement 2013-16 Page 5 of 47
(b) for the purposes of the discussion-provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
(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 m;ojor change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer,
the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken
not to apply.
(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) tf:)e!.lteration of hour:;; of work;pr
(e) t~e:n~~d ~d t$tralhi· e~ployees~ of , .. \)' : ·" '
' •• /·. ' ~.::: 1
'.:1 .~'\, .y: ,. ' "':,, ,;·, :':·~ .;:i' ':i::· •i\ ··· .. ,_i' .. :('
(f) tt\e need to r'eldci'Jte em~loyees toahotiher workpl~ce;
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subdauses (11) to (15) apply,
( 11) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(12) If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representCttive;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all n~levant information abo..,t the Oh.,nge, incl1.1ding the nature of tile
change; and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
Tangentyere Council Enterprise Agreement 2013-16 Page 6 9147
(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 (ill) 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 this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply, (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 of (f) the need to relocate employees to another workplace, (g) the restructuring of jobs. Change to regular roster or ordinary hours of work (10) For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purposes of the procedures in this term. (12) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (13) As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and Tangentyere Council Enterprise Agreement 2013-16 Page 6 of 47
(iii) Information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the Impact of the
change (including any impact in relation to their family or caring
responsibilities).
(14) However, the employer Is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised about
the change by the relevant employees.
(16) In this term:
relevant employees means the employees who may be affected by a change
referred to in subclause (1).
7.3 Model Term For Dealing With Disputes
8.
8.1
8.2
8.3
8.3.1
8.3.2
8.3.3
The Council will use an adapted version of the Fair Work Commission
Model Term For Dealing With Disputes (Schedule 6.1). The Tangentyere
term (Section 12, Dispute Settling Procedure) places increased emphasis
on the endeavours to resolve disputes at a workplace level, but refers to
the Fair Work Commission for independent assistance in dispute
resolution.
~7~~ ~ f~ '
ANTI4JISCti~I'NATf0N'I, BULL YfNG 'A:ND HAIUtSSMENT';··.
,;.~;; ·,: .i·:·:: :·\... }J:. ·1 :::··:·:··::'.::·;.~ ,(;, :·;::: 'i::··. J'i:: :(:. \............ :i·i\. ,.::-;~::··:· {:,
It is the intention of the parties to eliminate discrimination on the basis
of race, colour, sex, sexual preference, age, physical or mental
disability, marital status, family responsibilities, pregnancy, religion,
pol"lt1ca1 opinion, national extraction or social origin.
Accordingly, in fulfilling their obligations under the Dispute Settling
Procedure, the parties must make every endeavor to ensure that neither
the agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
Nothing in this clause will to be taken to affect:
any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination
legislationi and
an employee or the Council pursuing matters of discrimination in any
state or federal jurisdiction, including by application to the Australian
Human Rights Commission.
The Council will maintain effect1ve policies for prevention of bullying,
harassment, and discriminatory behavior by or against Tangentyere
employees.
It is the intention of the parties to eliminate bullying, harassment and
d1scnm~natory oenavior trom the workplace. Tangentyere Council will
maintain and develop effective polices to enact staff education on these
matters, and to provide prompt. fair and effective responses to evidence
of the breach of these policies.
nng~ntyare Council Enterprise Agreement 2013-16 Pag~ 7 of 47
(iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this term: relevant employees means the employees who may be affected by a change referred to in subclause (1). 7.3 Model Term For Dealing With Disputes The Council will use an adapted version of the Fair Work Commission Model Term For Dealing With Disputes (Schedule 6.1). The Tangentyere term (Section 12, Dispute Settling Procedure) places increased emphasis on the endeavours to resolve disputes at a workplace level, but refers to the Fair Work Commission for independent assistance in dispute resolution. 8. ANTI-DISCRIMINATION, BULLYING AND HARASSMENT 8.1 It is the intention of the parties to eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 8.2 Accordingly, in fulfilling their obligations under the Dispute Settling Procedure, the parties must make every endeavor to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause will to be taken to affect: 8.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; and 8.3.2 an employee or the Council pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Australian Human Rights Commission. 8.3.3 The Council will maintain effective policies for prevention of bullying, harassment, and discriminatory behavior by or against Tangentyere employees. It is the intention of the parties to eliminate bullying, harassment and discriminatory behavior from the workplace. Tangentyere Council will maintain and develop effective polices to enact staff education on these matters, and to provide prompt, fair and effective responses to evidence of the breach of these policies. Tangentyere Council Enterprise Agreement 2013-16 Page 7 of 47
9.
9.1
9.2
9.2.1
9.2.2
9.2.3
9.2.4
9.2.5
9.2.6
9.2.7
9.2.9
All staff should be aware that bullying, harassment or discriminatory
behavior will not be tolerated, and strong disciplinary action will be
taken in any situation in which it has been found to occur.
AIMS AND OBJECTIVES OF THE AGREEMENT
The parties to the agreement are committed to continuously improving
the quality and effectiveness of services Tangentyere council delivers to
its identified clients and customers, and to developing reputation of
Tangentyere Council as a reliable, efficient and friendly organization to
government, other businesses and service agencies, and the community
in Which it operates.
The parties recognise and aQree on the need to:
make the interests of Town Camps residents, as well as other identified
clients and customers, the primary focus for all work undertaken by
Council with an ultim;:~te i.lim of improving the quality of life of Aboriginal
people in all areas • their soCial, health, economic, housing, cultural, and
educational opportunities;
implement the Council's strategic pl::m;
position the Council to become a 'learning organisation' where cycles of
evaluation and performance improvement, planning and monitoring are
set in tr?~JQ 9~ all levels of tre organi:"iiltion. Staff at all levels ~ill be
provid¢d Y"itb ~-:!,1Jppqrt:i.ve;;environr!1lentandiQ.centives tq,cofl:tinu.ally
achieve'ci;nd exfen~ thei-~ best possi~le'/lelel ;or achiev~rr\enli: and'"
persodal grotvHi, a'nd ex~e~d the capadity:of:the orglifnitilttitiln to ~chi eve
its stated goals; i'
develop policies and support structures for successful development and
promotion of Indigenous staff into senior positions, as part of developing
iangentyere succession planning strategies.
develop a culture where everyone is recognised for their contribution;
encourage employees to become multi-skilled and able to perform a
wide range of tasks including work which is incidental and peripheral to
each employee's main tasks;
develop best practice programs, performance indicators and benchmarks
to support continuous improvement;
wherever possible to simplify work procedures and processes; and,
support staff in the areas of professional development and training to
ensure that we deliver a high quality and accountable service to our
clients and to provide strong opportunities for career development for
staff.
Tan~entyere Council enterprise Agreemont 2013-16 47
All staff should be aware that bullying, harassment or discriminatory behavior will not be tolerated, and strong disciplinary action will be taken in any situation in which it has been found to occur. 9. AIMS AND OBJECTIVES OF THE AGREEMENT 9.1 The parties to the agreement are committed to continuously improving the quality and effectiveness of services Tangentyere Council delivers to its identified clients and customers, and to developing reputation of Tangentyere Council as a reliable, efficient and friendly organization to government, other businesses and service agencies, and the community in which it operates. 9.2 The parties recognise and agree on the need to: 9.2.1 make the interests of Town Camps residents, as well as other identified clients and customers, the primary focus for all work undertaken by Council with an ultimate aim of improving the quality of life of Aboriginal people in all areas - their social, health, economic, housing, cultural, and educational opportunities; 9.2.2 implement the Council's strategic plan; 9.2.3 position the Council to become a 'learning organisation' where cycles of evaluation and performance improvement, planning and monitoring are set in train at all levels of the organization. Staff at all levels will be provided with a supportive environment and incentives to continually achieve and extend their best possible level of achievement and personal growth, and extend the capacity of the organization to achieve its stated goals; 9.2.4 develop policies and support structures for successful development and promotion of Indigenous staff into senior positions, as part of developing Tangentyere succession planning strategies. 9.2.5 develop a culture where everyone is recognised for their contribution; 9.2.6 encourage employees to become multi-skilled and able to perform a wide range of tasks including work which is incidental and peripheral to each employee's main tasks; 9.2.7 develop best practice programs, performance indicators and benchmarks to support continuous improvement; 9.2.8 wherever possible to simplify work procedures and processes; and, 9.2.9 support staff in the areas of professional development and training to ensure that we deliver a high quality and accountable service to our clients and to provide strong opportunities for career development for staff. Tangentyere Councli Enterprise Agreement 2013-16 Page 8 of 47
10.
10.1
10.2
11.
11.1
11.2
11.3
11.4
11.5
11.6
11.6.1
TANGENTYERE COUNCIL AS AN ABORIGINAL ORGANISATION
The parties agree that the Council, as an Aboriginal organisation, will
take all reasonable steps to ensure that, over time, through recruitment
and selection procedures and with proper training processes in place,
positions in the Council requiring an understanding of Aboriginal cultures
and issues and a proven ability to communicate with Aboriginal people,
are filled by Aboriginal people, The Council will develop Indigenous
recruitment, retention and staff development strategies to ensure that
employees succeed in the positions that they are employed in, and are
encouraged and supported to achieve promotion into leadership
positions. These strategies will become a distinctive feature of the
Council's continuous improvement strategies, and will underpin the
development of human resource policies at Tangentyere Council.
The Council's development as an Aboriginal organisation will involve
finding ways of managing and working that suit the special and diverse
work environment of the Council. This will also be a distinctive and
important feature of the Council's continuous improvement activities,
and will inform the development of human resource policies at the
Council.
HOURS OF WORK AND MEAL BREAKS (SUBJECT TO STANDARDS)
The ordinary hours of work are 37 .S.per week, and shall occur in the
period from Wednesday to Tuesday in line with the Tangentyere 'pay
week'. (see 3, Definitions)
"'}·.:·,.·,',,(.' .. :~:.. ,:'',: '·'l:.:· ,.··f ::;, .'
EmploVees will·be·cgiv.en.a ~gular st~rtiftg a.ndfinis~lng time for each
•,,"' •''!, \, .'' /, \• ..... ~··' :.·.'. -\. ..,,, \: '':· .:-'' .· .. :: .. : ';:. '·'. :·, ... -., .... ,.,\
day which wHI QOt ji)e.,ch..~n~ed.unle$ ilit llt'asit 24 ho(4rs ~oti¢eis given by
the Council. Al'iertfployee May char'l§e theifiStarting and 11nistih1gtlmes
by mutual, ongoing agreement with the CounciL
Employees other than those with an agreed paid meal break
arrangement as provided for In the following sub-clause are not
permitted to work for more than five hours without a meal break. Meal
breaks are for periods of not less than 30 minutes.
A paid mee~l break arrangement occurs where an employee remains on
site and work ready whilst they have a meal break. These are paid
breaks and the employee remains work ready during these periods.
However paid meal breaks will not be counted as service for the
calculation of overtime payable,
An employee may elect, with the ongoing consent of the Council, to
work flexible hours. This means the employee takes time off in normal
hours, and works those hours at another time. Credits will be capped at
7.5 hours unless otherwise agreed. Use of flex hours for leave during
normal work hours is subject to prior approval from your direct
supervisor in writing, based on operational requirements of the
organisation. At the discretion of the Chief Executive Officer, credits in
excess of 7.5 hours may be paid out at ordinary time rates.
Meal times and tea breaks
All 'lmployees :shall be li'llowed an unpaid moe" I break of not less than 30
minutes. No employee will work more than five hours without a break
for a meal.
·----,------;-;:----:;-::-:---:-:---:-------c-::-=::-:-::-------------;:c--:---:-c::----
Tangentyere Council Enterprise Agreement 2013·16 Page 9 of 47
10. TANGENTYERE COUNCIL AS AN ABORIGINAL ORGANISATION 10.1 The parties agree that the Council, as an Aboriginal organisation, will take all reasonable steps to ensure that, over time, through recruitment and selection procedures and with proper training processes in place, positions in the Council requiring an understanding of Aboriginal cultures and issues and a proven ability to communicate with Aboriginal people, are filled by Aboriginal people. The Council will develop Indigenous recruitment, retention and staff development strategies to ensure that employees succeed in the positions that they are employed in, and are encouraged and supported to achieve promotion into leadership positions. These strategies will become a distinctive feature of the Council's continuous improvement strategies, and will underpin the development of human resource policies at Tangentyere Council. 10.2 The Council's development as an Aboriginal organisation will involve finding ways of managing and working that suit the special and diverse work environment of the Council. This will also be a distinctive and important feature of the Council's continuous improvement activities, and will inform the development of human resource policies at the Council. 11. HOURS OF WORK AND MEAL BREAKS (SUBJECT TO STANDARDS) 11.1 The ordinary hours of work are 37.5.per week, and shall occur in the period from Wednesday to Tuesday in line with the Tangentyere pay week'. (see 3. Definitions) 11.2 Employees will be given a regular starting and finishing time for each day which will not be changed unless at least 24 hours notice is given by the Council, An employee may change their starting and finishing times by mutual, ongoing agreement with the Council. 11.3 Employees other than those with an agreed paid meal break arrangement as provided for in the following sub-clause are not permitted to work for more than five hours without a meal break. Meal breaks are for periods of not less than 30 minutes. 11.4 A paid meal break arrangement occurs where an employee remains on site and work ready whilst they have a meal break. These are paid breaks and the employee remains work ready during these periods. However paid meal breaks will not be counted as service for the calculation of overtime payable. 11.5 An employee may elect, with the ongoing consent of the Council, to work flexible hours. This means the employee takes time off in normal hours, and works those hours at another time. Credits will be capped at 7.5 hours unless otherwise agreed. Use of flex hours for leave during normal work hours is subject to prior approval from your direct supervisor in writing, based on operational requirements of the organisation. At the discretion of the Chief Executive Officer, credits in excess of 7.5 hours may be paid out at ordinary time rates. 11.6 Meal times and tea breaks 11.6.1 All employees shall be allowed an unpaid meal break of not less than 30 minutes, No employee will work more than five hours without a break for a meal. Tangentyere Council Enterprise Agreement 2013-16 Page 9 of 47
11.6.2 Arrangements for taking morning and afternoon tea will be mutually
agreed upon between the Council and employee. Employees shall be
allowed two paid breaks each day of fifteen minutes duration for
morning and afternoon tea. These breaks will be taken at times that will
not interfere with the continuity of work.
11.6.3 In the case of shift workers, where employees are unable to leave the
premises for an unpaid meal break or are otherwise unable to take an
unpaid meal break free of all duty, they will entitled to a half hour paid
meal break.
11.7 Anniversary date
An employee's anniversary date will be deferred by one day for each day
of unpaid leave occurring.
11.8 Flexible Working Arrangements
As per the National Employment Standards, and consistent with support to
workers to achieve a satisfactory work/life balance, Tangentyere will
reasonably consider requests for flexible working arrangements for the
reasons below.
An employee who has completed at least 12 months of continuous service
who is a parent, or has responsibility for the care of a child, may request
the Council for a change in working arrangements to assist the employee
to care for the child if the child:
(a) is.yp9.~r .~chool age; or.. (
(b) is l(lnqer.J.~,ancl h~~ •• ~ disability,.(: ,.. . ; . , •.. ii• • · . \
\'·:, ~ :":;,: :~t: "· -" ............. ,:' :{. . : ;· :·(,'. :: .... ::·· ;::·:::' Y:·, ·:: ·:~:~:··.···. , ....... .
Examples of:th'l'inges!Jp'wci~king ardiln9e.nierits inclu\fe changes.ih .. llours of
work, changes in patterns of WOrk end changes in location of work. The
employee will put such a request in writing, setting out the details of the
change sought and the reasons for the change.
The Council will give the employee a written response to the request
within 21 days, stating whether the request has been granted, and will
only withhold approval for operational reasons.
Tangontyere council Entorprise Agreement 2013-16 Page 10 of 47
11.6.2 Arrangements for taking morning and afternoon tea will be mutually agreed upon between the Council and employee. Employees shall be allowed two paid breaks each day of fifteen minutes duration for morning and afternoon tea. These breaks will be taken at times that will not interfere with the continuity of work. 11.6.3 In the case of shift workers, where employees are unable to leave the premises for an unpaid meal break or are otherwise unable to take an unpaid meal break free of all duty, they will entitled to a half hour paid meal break. 11.7 Anniversary date An employee's anniversary date will be deferred by one day for each day of unpaid leave occurring. 11.8 Flexible Working Arrangements As per the National Employment Standards, and consistent with support to workers to achieve a satisfactory work/life balance, Tangentyere will reasonably consider requests for flexible working arrangements for the reasons below. An employee who has completed at least 12 months of continuous service who is a parent, or has responsibility for the care of a child, may request the Council for a change in working arrangements to assist the employee to care for the child if the child: (a) is under school age; or (b) is under 18 and has a disability ... Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work. The employee will put such a request in writing, setting out the details of the change sought and the reasons for the change. The Council will give the employee a written response to the request within 21 days, stating whether the request has been granted, and will only withhold approval for operational reasons. Tangentyere Council Enterprise Agreement 2013-16 Page 10 of 47
12. DISPUTE SETTLING PROCEDURE
12.1 If a dispute reletes to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards;
this term sets out procedures to settle the dispute.
12.2 Resolving Disputes at a Local level
In the event of a dispute arising in relation to a matter, except a matter
relating to the actual or threatened termination of the employment of
the employee - the parties must genuinely attempt to resolve the
matter at the workplace level. An employee who is a party to the dispute
may appoint a representative for the purposes of the procedures in this
term. The appointed person can include a union official.
12.2.1 In the first inst:~nce, the parties to the dispute must try to resolve the
dispute at the workplace level, by discussions between the employee or
employees and relevant supervisors and/or management.
12.2.2 If the matter is not resolved at such a meeting, the parties to the
dispute will arrange further discussions involving more senior levels of
management (where applicable).
12.2.3 Where a matter in dispute cannot be resolved at the workplace level, a
party to the dispute may elect to use an alternative dispute resolution
process. The alternative dispute resolution Is to be conducted by a
person ag{eed between the: parties i,lll :dispute on the matter. If the
pa rtie~ka~r'ih.ot.reach agreetnent on who Is to .cond uet the atteJ.lnative
disput~resolut~n prgc~s,i.~he cou~cij{wilt r~quest~ife~olu1~iqh ~ro~ess
be coriducteil by FairWdrk'Coj;nmiss·iorr.· ,. :•... ·•. '• , ' •. ·•
12.3 Fair Work Commission
TheFair Work Commission may deal with the dispute in 2 !tages:
(a) The Fair Work Commissionwill first attempt to resolve the dispute as
it considers appropriate, including by mediation, conciliation, expressing
an opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the
first stage, the Fair Work Commission may then:
(i)arbitrate the dispute; and
(ii)make a determination that is binding on the parties.
12.4 Conduct during Dispute
While the parties are trying to resolve the dispute using the procedures
in this term:
(a) an employee must continue to perform his or her work as he or she
would normally unless he or she has a reasonable concern about an
imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to
perform other available work at the same workplace, or at another
workplace, unless:
(i)the work is not safe; or
(ii)applicable occupational health and safety legislation would not permit
the work to be performed; or
(iii)the work Is not appropriate for the employee to perform; or
TangentyQre Council Enterprise Agreement 2013,16 Page 11 of 47
12. DISPUTE SETTLING PROCEDURE 12.1 If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 12.2 Resolving Disputes at a Local Level In the event of a dispute arising in relation to a matter, except a matter relating to the actual or threatened termination of the employment of the employee - the parties must genuinely attempt to resolve the matter at the workplace level. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. The appointed person can include a union official. 12.2.1 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 12.2.2 If the matter is not resolved at such a meeting, the parties to the dispute will arrange further discussions involving more senior levels of management (where applicable). 12.2.3 Where a matter in dispute cannot be resolved at the workplace level, a party to the dispute may elect to use an alternative dispute resolution process, The alternative dispute resolution is to be conducted by a person agreed between the parties in dispute on the matter. If the parties cannot reach agreement on who is to conduct the alternative dispute resolution process, the Council will request a resolution process be conducted by Fair Work Commission ... . 12.3 Fair Work Commission TheFair Work Commission may deal with the dispute in 2 stages! (a) The Fair Work Commissionwill first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then; (i)arbitrate the dispute; and (ii)make a determination that is binding on the parties. 12.4 Conduct during Dispute While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i)the work is not safe; or (ii)applicable occupational health and safety legislation would not permit the work to be performed; or (iii)the work is not appropriate for the employee to perform; or Tangentyere Council Enterprise Agreement 2013-16 Page 11 of 47
(iv)there are other reasonable grounds for the employee to refuse to
comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by the
Fair Work Commission in accordance with this term.
13. EMPLOYMENT CATEGORIES
13.1 Employment may be full-time, part-time, job share, for a specific period
of time or for a specified task or tasks. At the time of engagement the
Council will inform each employee in writing of their employment status
including whether the appointment has a casual loading in lieu of sick,
annual, carer's, ceremonial and bereavement leave and paid public
holidays.
13.1.1 Full-time
A full-time employee is an employee engaged by the week and works
37.5 hours per week
13.1.2.1 Part~time
13.1.2.2
13.1.3
A part-time employee works regular designated hours less than 37.5
hours per week.
A part-time employee is entitled to all conditions of employment
applicable to full-time employees on a pro rata bosis.
'"'\"~''•' ;,:~..._ 1.;: ·-"'\· •''' ';
~ \ ·~
/'!,:··.: ::.:~\ ,·,,.;):(' .. :·:·,·:},:.! ;·;:~:·:· ·.·.·.\\ ~:; ''···t~;r.. .,::.:·1''' "'.\;:,:.: ·,;;·/.:::··~. '".:\' ., .. :·{:' .·:'/ '·'·'I· if· '''}:':-' , .·'~·~: .'·''':--·::,
:::~~~=~tt~~·~,~~~1~ ~erio~(ory1n~or e~lo~rnl!ri~J~i~~ed
Employees engaged for a specific period of time (which may be referred
to as fixed period employment) or for a specified task or tasks (which
may be referred to as specific task(s) employment) will be provided with
a document stating the term or purpose of employment. These
engagements may be rolled over to meet new or changed
circumstances. However they can not be used as a method of ongoing
employment.
13.2 Casual Rates of Pay
13.2.1 Casual rates of pay (1/37.5 of the weekly rote prescribed by the
Agreement plus a 25% casual loading determined by the applicable
parent award) will generally only be used as a method of payment for
workers employed on specific period of time employment, for
intermittent or varied hours of employment, or employment related to a
specified task or tasks, and is paid only for hours worked.
Tangentyere council Enterprise Agreement 2013·16 Page 12 of 47
(iv)there are other reasonable grounds for the employee to refuse to comply with the direction. (7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 13. EMPLOYMENT CATEGORIES 13.1 Employment may be full-time, part-time, job share, for a specific period of time or for a specified task or tasks, At the time of engagement the Council will inform each employee in writing of their employment status including whether the appointment has a casual loading in lieu of sick, annual, carer's, ceremonial and bereavement leave and paid public holidays. 13.1.1 Full-time A full-time employee is an employee engaged by the week and works 37.5 hours per week 13.1.2.1 Part-time A part-time employee works regular designated hours less than 37.5 hours per week. 13.1.2.2 A part-time employee is entitled to all conditions of employment applicable to full-time employees on a pro rata basis. 13.1.3 Employment for a specific period of time or employment related lovment to specified task or tasks Employees engaged for a specific period of time (which may be referred to as fixed period employment) or for a specified task or tasks (which may be referred to as specific task(s) employment) will be provided with a document stating the term or purpose of employment. These engagements may be rolled over to meet new or changed circumstances. However they can not be used as a method of ongoing employment. 13.2 Casual Rates of Pay 13.2.1 Casual rates of pay (1/37.5 of the weekly rate prescribed by the Agreement plus a 25% casual loading determined by the applicable parent award) will generally only be used as a method of payment for workers employed on specific period of time employment, for intermittent or varied hours of employment, or employment related to a specified task or tasks, and is paid only for hours worked. Tangentyere Council Enterprise Agreement 2013-16 Page 12 of 47
14. PROBATION PERIOD
14.1 All new employees, other than those employed on a casual basis only
will be employed on probation for a period of six months. Employees will
be advised in writing of this probation period. During the period of
probation, a six weekly and a twelve weekly review of performance will
be undertaken.
14.2 Where an employee who has been employed on a casual basis is offered
pii!rt or full time employment, the probation period will commence at the
beginning of the part, or full time employment.
14.3 If at the conclUSIOn of the probation~ry period the employee is deemed
suitable or the Council fails to address any issues at hand then that
employee will be deemed to have concluded probation.
15. ADVICE TO E!MPLOYEES ON COMMENCEMENT OF EMPLOYMENT
When a new employee starts working at Tangentyere Council he/she will
be provided with a written statement which specifies:
a. outline of the duties of the position
b. basis of employment (full-time, part-time etc)
c. hours of work
d. classification level
e. period of employment
f. where applicable, criminal history (or related) check requirements
g. salary package benefits
h. le~.x.~ .. ~n~itlements , ..
i. co~fid,E:npal!.tx.,.agr~~rne)lt .. /;, ··· ..•.......... . • •• .• ,
j. prdba~iof\' ahc:l berl'odmahce app~i'IIS:!II prd~ess · •·•··
k S ri-a •',:.:, ~· ~\ ',)·,[ .... \~ ,;•.; ,,, ' /:'. ·~.. .ij :·:'/ · ... '' . u.,..,.rannua.to., •.............•.•....• , . ...•.. ....... ..... ..
I. Tangentyere Council Incorporated Enterprise Agreement 20013·2016
m. Tangentyere Counci.l policies
n. That the employee has an obligation to disclose their criminal record, and that
obligation continues during employment.
16. REDUNDANCY
16.1 Definitions
16.1.1 Business includes trade, process, business or occupation and includes
part of any such business.
16.1.2 Redundancy occurs where the council has made a definite decision
that the Council no longer wishes the job the employee has been doing
to be done by anyone, and that decision leads to the termination of
employment of the employee, except where this is due to the ordinary
and customary turnover of labour.
16.1.3 week's pay means the ordinary time rate of pay for the employee
concerned. Provided that ::;uch rate shall exclude:
• overtime;
• penalty rates;
• bilingual allowances
• camp allowances
• disability allowances;
• shift: allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.
Tangenty•r• Council Enterprise Agreemont 2013-16 Poge l3 of 47
14. PROBATION PERIOD 14.1 All new employees, other than those employed on a casual basis only will be employed on probation for a period of six months. Employees will be advised in writing of this probation period. During the period of probation, a six weekly and a twelve weekly review of performance will be undertaken. 14.2 Where an employee who has been employed on a casual basis is offered part or full time employment, the probation period will commence at the beginning of the part, or full time employment. 14.3 If at the conclusion of the probationary period the employee is deemed suitable or the Council fails to address any issues at hand then that employee will be deemed to have concluded probation. 15 ADVICE TO EMPLOYEES ON COMMENCEMENT OF EMPLOYMENT When a new employee starts working at Tangentyere Council he/she will be provided with a written statement which specifies: a. outline of the duties of the position . basis of employment (full-time, part-time etc) c. hours of work d. classification level e, period of employment f. where applicable, criminal history (or related) check requirements g. salary package benefits h. leave entitlements i. confidentiality agreement j. probation and performance appraisal process k. superannuation .. . I. Tangentyere Council Incorporated Enterprise Agreement 20013-2016 m. Tangentyere Council policies n. That the employee has an obligation to disclose their criminal record, and that obligation continues during employment. 16. REDUNDANCY 16.1 Definitions 16.1.1 Business includes trade, process, business or occupation and includes part of any such business. 16.1.2 Redundancy occurs where the Council has made a definite decision that the Council no longer wishes the job the employee has been doing to be done by anyone, and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. 16.1.3 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude: overtime; penalty rates; bilingual allowances camp allowances disability allowances; shift allowances; special rates; fares and travelling time allowances; bonuses; and any other ancillary payments of a like nature. Tangentyere Council Enterprise Agreement 2013-16 Page 13 of 47
16.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of
redundancy the same period of notice must be given as the employee
would have been entitled to if the employment had been terminated;
however the council may at the Council's option, make payment in lieu
thereof of an amount equal to the difference between the former
ordinary rate of pay and the new ordinary time rate for the number of
weeks of notice still owing.
16.3 Severance pay
16.3.1 An employee whose employment is terminated by reason of redundancy
is entitled to the following amount of sever;:mce pay in re5pect of a
period of continuous service:
Period of continuous
service
Less than 1 year
1 y12ar and less than 2 years
2 years and Jess than 3 years
3 years and Jess than 4 years
4 years and less than 5 years
5'ye~~·iiHJ9J.~SS Jh,i!ln ~years
;(·' ···,':~:· ··.{,:: '\:;':'·' ' .,:;;. .:.:.::, .......... :;;.:· ::;:
6'Yearscan.d less'than.? .. wars
7 years and less than 8 years
8 years and less than 9 years
9 years and over
*Week's pay is defined in 16.1.3
Severance pay
Nil
4 weeks' pay*
6 weeks' pay
7 weeks' pay
8 weeks' pay
~;f.;f~~~}' ··~~y~:i.: \•.
1 '1i weekS'' pay''\ '
13 weeks' pay
14 weeks' pay
16 weeks' pay
16.3.2 Continuity of service shall be calculated in the manner prescribed for
Long Service Leave (see Clause 37.1)
16.3.3 The amount of severance provided for in 16.3.1 applies until 31
December 2014, when the amounts provided for in the National
Employment Standards apply.
16.4 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy
may terminate his/her employment during the period of notice set out In
clause 17- Notice of Termination. In this circumstance the employee will
be entitled to receive the benefits and payments they would have
received under this clause had they remained with the Council until the
expiry of the notice, but will not be entitled to payment in lieu of notice.
Tangentyoro ColmCil Enterprise Agreement 2013-16 Page 14 of 47
16.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated; however the Council may at the Council's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. 16.3 Severance pay 16.3.1 An employee whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous Severance pay service Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay yer , and lesshans 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years . 11 weeks' pay". 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 16 weeks' pay * Week's pay is defined in 16.1.3 16.3.2 Continuity of service shall be calculated in the manner prescribed for Long Service Leave (see Clause 37.1) 16.3.3 The amount of severance provided for in 16.3.1 applies until 31 December 2014, when the amounts provided for in the National Employment Standards apply. 16.4 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 17 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the Council until the expiry of the notice, but will not be entitled to payment in lieu of notice. Tangentyere Council Enterprise Agreement 2013-16 Page 14 of 47
16.5 Job search entitlement
16.5.1 During the period of notice of termination given by the Council in
accordance with clause 17 -Notice of Termination, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice for the purpose of seeking other employment.
1G.5.2 If the employee nas been allowed paid leave for more than one day
during the notice period for the purpose of seeking other employment,
the employee shall, at the request of the Council, be required to produce
proof of attendance at an interview or he or she shall not receive
payment for the time absent. For this purpose a statutory declaration
will be sufficient.
16.5.3 The job search entitlements under this sub clause i!pply in lieu of the
provisions of 17.3
16.6 Employees exempted
Clause 16 does not apply to:
17.
17.1
17.1.1
a. employees terminated as a consequence of serious
misconduct that justifies dismissal without notice;
b. probationary employees;
c. apprentices;
d. trainees; or
e. employees engaged for a specific period of time or for a
specified task or tasks,
NOTICE OF TERMINATION
• ''':.::"::-:·;.':·:;·,:: ·';''. • • ::·' • . t·i.":;, .~:
Not1c~. (jf t~r'!1.!.n~b9"'::b\fl,.Counc•l:;·· 1 .: :• ,, ., • 1 ;. / .,,
In ord~~ to t~rrhin~ter:try~ etnploym~nt;pf)n/~mplo~~ *e ¢o~n~lJ must
give td'the !!m~Joy'ee''the periOd of i'lotice sp~c;ified iri the table betdw: ,.
Period of Continuous Service
1 year or less
Over 1 year and up to the completion of 3 years
Over 3 years and up tot eh completion of 5 years
Over 5 years of completed service
Period of notice
1 week
2 weeks
3 weeks
4 weeks
17.1.2 In addition to the notice in clause 17.1.1, employees over 45 years of
age at the time of the giving of the notice with not less than two years
continuous service, are entitled to an additional week's notice.
17,1.3 Payment in lieu ofthe prescribed notice in clause 17.1.1 and clause
17. 1.2 must be made if the appropriate notice period is not required to
be worked. provided that employment may be terminated by the
employee working part of the req\.fired period of notice and by the
Council making payment for the remainder of the period of notice.
17.1.4 The required amount of payment in lie\.! of notice mu:st equal or exceed
the total of all amounts that, if the employee's employment had
continued until the end of the required pariod of notice, the Council
would have become liable to pay to the employee. That total must be
calculated on the basis of:
Tangentyere Council Entorprise Agreement 2013:-16 ___ _ ~age 15 ort7
16.5 Job search entitlement 16.5.1 During the period of notice of termination given by the Council in accordance with clause 17 -Notice of Termination, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. 16.5.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the Council, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient 16.5.3 The job search entitlements under this sub clause apply in lieu of the provisions of 17.3 16.6 Employees exempted Clause 16 does not apply to: a. employees terminated as a consequence of serious misconduct that justifies dismissal without notice; b. probationary employees; C. apprentices; d. trainees; or e. employees engaged for a specific period of time or for a specified task or tasks, 17. NOTICE OF TERMINATION 17.1 Notice of termination by Council 17.1.1 In order to terminate the employment of an employee the Council must give to the employee the period of notice specified in the table below: Period of Continuous Service Period of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up tot eh completion of 5 years 3 weeks Over 5 years of completed service 4 weeks 17.1.2 In addition to the notice in clause 17.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice. 17.1.3 Payment in lieu of the prescribed notice in clause 17.1.1 and clause 17.1.2 must be made if the appropriate notice period is not required to be worked. provided that employment may be terminated by the employee working part of the required period of notice and by the Council making payment for the remainder of the period of notice. 17.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the Council would have become liable to pay to the employee. That total must be calculated on the basis of: Tangentyere Council Enterprise Agreement 2013-16 Page 15 of 47
a. the employee's ordinary hours of work (even if not standard hours);
and
b. the amounts ordinarily payable to the employee in respect of those
hours, including (for example) allowances, loading and penalties;
and
c. any other amounts payable under the employee's contract of
employment
17.1.5 The period of notice in Clause 17 does not apply;
a. in the case of dismissal for serious misconduct;
b. to apprenticeSi
c. to employees engaged for a specific period of time or for a specific
task or tasks; or
d. to trainees whose employment under a traineeship agreement or an
approved traineeship is fore specified period or Is, for any other
reason, limited to the duration of the agreement
17.1.6 Continuous service is defined by the provisions applicable to Long
Service Leave (see Clause 37)
17.2 Notice of termination by an employee
17.2.1 The notice of termination required to be given by an employee is the
same as that required of the Council, except that there is no
requir~mentpn the employee to giv@!li!dditional notice based the age
of the ~rnplqye\1)~tqncel"filedi ,[, ,
•.'•'; ' '' \ •I •0 '
:,S . }~., .... ~:... .!~t '::;(,·:'.:~3;, .:i~: .. :E.
11.2.2 If an employee fails to give the notice specified in 17.1.1 the Council has
the right to withhold monies due to the employee to a maximum amount
equal to the amount the employee would have received under 17.L4.
17.3 Job search entitlement
Where the Council has given notice of termination to an employee, an
employee shall be allowed up to one day's time off without loss of pay
for the purpose of seeking other employment. The time off shall be
taken at times that are convenient to the employee after consultation
with the Council.
17.4 Transmission of Business
Where a business is transmitted from one employer to another, as set
out in Clause 16 Redundancy, the period of continuous service that the
employee had with the transmitter or any prior transmitter is deemed to
be service with the transmittee and taken into account when calculating
notice of termination. However an employee shall not be entitled to
notice of termination or payment in lieu of notice for any period of
continuous service in respect of which notice has already been given or
paid for.
18. WAGE RI!!LATED MATTERS
18.1 Rates of Pay and Classification Structure
Tangentyoro
AppendiX 1 of this agreement outlines wages and Appendix 2 shows a
typical classification structure.
P~ge 47
a. the employee's ordinary hours of work (even if not standard hours); and b. the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and c. any other amounts payable under the employee's contract of employment. 17.1.5 The period of notice in Clause 17 does not apply: a. in the case of dismissal for serious misconduct; b. to apprentices; c. to employees engaged for a specific period of time or for a specific task or tasks; or d. to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement 17.1.6 Continuous service is defined by the provisions applicable to Long Service Leave (see Clause 37) 17.2 Notice of termination by an employee 17.2.1 The notice of termination required to be given by an employee is the same as that required of the Council, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. for vote 17.2.2 If an employee fails to give the notice specified in 17.1.1 the Council has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 17.1.4. 17.3 Job search entitlement Where the Council has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the Council. 17.4 Transmission of Business Where a business is transmitted from one employer to another, as set out in Clause 16 Redundancy, the period of continuous service that the employee had with the transmitter or any prior transmitter is deemed to be service with the transmittee and taken into account when calculating notice of termination. However an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. 18. WAGE RELATED MATTERS 18.1 Rates of Pay and Classification Structure Appendix 1 of this agreement outlines wages and Appendix 2 shows a typical classification structure. Tangentyere Council Enterprise Agreement 2013-16 Page 16 of 47
18.2 Junior rates
A junior employee shall be paid the following percentage of the ordinary
rate prescribed by this agreement for the appropriate adult classification
Age Percentage
Under 17 years of age 60
.At 17 years of age 75.
At 18 years of age 100
1.8.3 "trainee Rates
18.3.1 Junior trainees in their first year of employment who require substantial
training before they can perform the full range of duties required of
them, may be paid the following percentage of the rate for the
classification level for which they are being trained:
Age Percentage
Under 17 years of age
At 17 years of age
At 18 years of age
60
75
100
18.3.2 A trainee is defined as a person who was specifically engaged to undergo
training either in a specialised skill (other than a trade apprenticeship)
or to be trained for supervisory, administrative or other higher duties
associated with the work of tt1e Council. The training Is to be for a
speCified time period to be carried out in accordance with a training
program.
18.3.3 Adult g;)~nipr trainees m~y be paid.While engaged on the training
progra,~ ~sfoiiSJ':V~: ........... .;: ,;: , , , , ... ·.······ .......... .).. ,
·:t·;j.,", ·· .. ::. '.(::. •',/::·'' ';\: ,}::·, ... ,,,.· :::. /:i ;j) )/'',' ' :.:_: •' .'i' ' ' '';::.,;. :': ::):':~··" \':.. i.:: :·,f':l.·'·,• ... ···,
a. th~/(lum~e~p(:jyhl{l¢'(y!;iars cov'\!tfi!d ~yitf:\'e train ill~ flrpgrail). Iiiii!! be
determined, with fractions• of a year being rounded up.
b. commencing salary shall be determined by selecting the on
commencement rate for that level which is a number of levels below
the level applicable to the classification for which the trainee is being
trained, equal to the number of whole years covered by the training
program.
c, on-commencement rates for intervening levels shall constitute
annual increments, and the trainee shall move to the on
commencement rate for the classification for which they are being
trained, on completion of the training program.
19. PAYMENT OF WAGES
19.1 As per the Fair Work Act 2009, and as provided for below-
19.1.1 Wage5 will be paid weekly by electronic funds transfer and, in special
circumstances, by cheque.
19.1.2 Where an error occurs any overpayment of wages can be recovered
from future pays at a negotiated amount.
19.1.3 On termination the Council has the right to deduct money to cover debts
referable to wages. All money due to an employee will be forwarded to
him/her within two days of termination subject to the return of all
Tangentyere property.
Tan9entyere Council Enterprise Agreernent 2013"16 Poga l7 of 47
18.2 Junior rates A junior employee shall be paid the following percentage of the ordinary rate prescribed by this agreement for the appropriate adult classification Age Percentage Under 17 years of age 60 At 17 years of age 75 At 18 years of age 100 18.3 Trainee Rates 18.3.1 Junior trainees in their first year of employment who require substantial training before they can perform the full range of duties required of them, may be paid the following percentage of the rate for the classification level for which they are being trained: Age Percentage Under 17 years of age 60 At 17 years of age 75 At 18 years of age 100 18.3.2 A trainee is defined as a person who was specifically engaged to undergo training either in a specialised skill (other than a trade apprenticeship) or to be trained for supervisory, administrative or other higher duties associated with the work of the Council. The training is to be for a specified time period to be carried out in accordance with a training program. 18.3.3 Adult or junior trainees may be paid while engaged on the training a. the number of whole years covered by the training program will be determined, with fractions of a year being rounded up. b. commencing salary shall be determined by selecting the on- commencement rate for that level which is a number of levels below the level applicable to the classification for which the trainee is being trained, equal to the number of whole years covered by the training program. c. on-commencement rates for intervening levels shall constitute annual increments, and the trainee shall move to the on- commencement rate for the classification for which they are being trained, on completion of the training program. 19 PAYMENT OF WAGES 19.1 As per the Fair Work Act 2009, and as provided for below- 19.1.1 Wages will be pald weekly by electronic funds transfer and, in special circumstances, by cheque. 19.1.2 Where an error occurs any overpayment of wages can be recovered from future pays at a negotiated amount. 19.1.3 On termination the Council has the right to deduct money to cover debts referable to wages. All money due to an employee will be forwarded to him/her within two days of termination subject to the return of all Tangentyere property. Tangentyere Council Enterprise Agreement 2013-16 Page 17 of 47
20. FIRST AID ALLOWANCE
20.1 The Council will have at least one employee trained in first aid on the
premises at all times.
20.2 Employees with the appropriate training will be designated as First Aid
Officers and will receive an allowance of $12.95 per week
20.3 If an employee, at the request of the Council attends a first aid training
course, the Council will reimburse the employee for cost of the course
and textbooks.
21. HIGHER DUTIES
21.1 .An employee who is required to do work at a higher rate or act in a
higher position is entitled to the higher duties amount.
(a) for two hours or less-the time so worked; or
(b) where the time so worked exceeds two hours-a full day or shift.
22. SALARY SACRIFICE
22.1 The Council offers a Salary Sacrifice Scheme in accordance with the
Salary Sacrifice Scheme policy endorsed by the Council. The Scheme ·,s
offered as set out in the remainder of this clause.
22.2 The sa1~~; Sf!crtfioe sd'lerrl\0! (The s¢ht;m~)'is offe~d to.etigil:!le ii .·
emplo~e~s a§ ~j·m~ags ~f Pto~iding ./rnprq9e~ salarY;¢o~it;on~ sftl1at
the council E!hhances its'prbspects of recfui~lng and retihilhg ·· · ···· ···
employees.
22.3 The Scheme is offered to employees whilst the Council maintains its
Public Benevolent Institution (PBI) status and consequent Fringe
Benefits Tax (FBT) exemption, and is subject to amendment at any time
by the Council.
22.4 The Council will ensure that it complies with the relevant FBT legislation,
and this policy will be reviewed in the light of any legislative changes to
determine if any amendments are required.
22.5 The extent to which The Scheme will be offered to employees will be
balanced with the administrative and system requirements of
maintaining The Scheme.
22.6 It is the employee's responsibility to manage their own finances but
before an employee signs up to The Scheme, the Council will endeavour
to make them aware of the limitations of The Scheme e.g. potential cash
flow issues.
22.7 Employees agree that participation in The Scheme does not represent a
reduction of gross salary with respect to the enterprise agreement
entitlements.
22.8 The council reserves the right to refuse the availability of the Scheme to
employees on short term employment
Tangentyere Council Enterpr'lse Agreem@nt 2013-16
20. FIRST AID ALLOWANCE 20.1 The Council will have at least one employee trained in first aid on the premises at all times. 20.2 Employees with the appropriate training will be designated as First Aid Officers and will receive an allowance of $12.95 per week 20.3 If an employee, at the request of the Council attends a first aid training course, the Council will reimburse the employee for cost of the course and textbooks. 21. HIGHER DUTIES 21.1 An employee who is required to do work at a higher rate or act in a higher position is entitled to the higher duties amount. (a) for two hours or less-the time so worked, or (b) where the time so worked exceeds two hours-a full day or shift. 22. SALARY SACRIFICE 22.1 The Council offers a Salary Sacrifice Scheme in accordance with the Salary Sacrifice Scheme policy endorsed by the Council. The Scheme is offered as set out in the remainder of this clause. 22.2 The Salary Sacrifice Scheme (The Scheme) is offered to eligible employees as a means of providing Improved salary conditions so that the Council enhances its prospects of recruiting and retaining"," employees. 22.3 The Scheme is offered to employees whilst the Council maintains its Public Benevolent Institution (PBI) status and consequent Fringe Benefits Tax (FBT) exemption, and is subject to amendment at any time by the Council. 22.4 The Council will ensure that it complies with the relevant FBT legislation, and this policy will be reviewed in the light of any legislative changes to determine if any amendments are required. 22.5 The extent to which The Scheme will be offered to employees will be balanced with the administrative and system requirements of maintaining The Scheme. 22,6 It is the employee's responsibility to manage their own finances but before an employee signs up to The Scheme, the Council will endeavour to make them aware of the limitations of The Scheme e.g, potential cash flow issues 22.7 Employees agree that participation in The Scheme does not represent a reduction of gross salary with respect to the enterprise agreement entitlements. 22.8 The Council reserves the right to refuse the availability of the Scheme to employees on short term employment Tangentyere Council Enterprise Agreement 2013-16 Page 18 of 47
23. TRAVEL ALLOWANCE
23.1 Travel, meal or camping allowance is paid to employees who, in the
course of their employment, are required to travel away from their
normal place of work and no travel allowance is paid from an external
party. An exception will be for workers in receipt of Sleepout Cat'np
Allowance, where applicable allowances are bundled into a single
allowance. This allowance will be increased by the same percentage as
wages are increased.
23.2 Travel Allowance
When an employee is required to travel for work, Council travel
procedures and rates will apply. These are outlined separate to the
Agreement and may vary from time to time.
Additional approved work related expenses incurred will be reimbursed
on production of receipts. This allowance will be Increased by the same
percentage as wages are increased.
23.3 Camping Allowance
24.
24.1
24.2
24.3
25.
When an employee is required to camp out for work and the employee
provides his/her own food, the travel allowance rates and procedures
will apply. This allowance will be increased by the same percentage as
wages are increased.
MEAL ALLOWANCE
',•).•,,:·· ' ... :: .'.' ... ,: :.'":?i : ·~· \
When i'ln ,e'i1JPIQ¥.ee iS.p\ke('l to wor.k,:,a shift OLQ1ore,.than 9SJI\ours.the
Counc\j Will ~uP{Jiy)th,~ ~[:n~ioyee wlt,h ~n ~d,quate ~.¢a~( oli p~~ #n
amount of $45.,00 ·to meetlhe,.cost .0f a. rrleaL Th 1S aHowa.n:e W.1H be
increased by the same percentage as wages are increased.
Where the length of the shift means taking further meals the Council will
either supply the further meals or pay the employee $15.00 for each
meal.
Where an employee is required to commence work prior to 5:30am the
employee will be paid $15 for a meal allowance.
BILINGUAL ALLOWANCE
Where a position description identifies the desirability of fluent
Indigenous language skills, an employee with fluent Indigenous
language skills will be pJid J weekly allowance of $35 (pro rata if less
than full time).
26. SUPERANNUATION
26.1 Choice of Superannuation Fund
Tangentyere Council will, under this agreement, provide each employee
with the right to choose the superannuation fund into which the
Employer will make Superannuation Guarantee contributions.
The parties agree that AustralianSuper, or its successor fund, will bE) the
nominated default fund for all eligible employees for the term of this
agreement. Eligible employees include all staff, current and new covered
by this agreement. If an employee does not select a fund, the Employer
shall pay superCJnnuiltion contributions in accordance with clause 26 into
Australiansuper, or Its successor fund.
Tangentyere Council Enterprise Agreement 2013-16 page 19 of 47
23. TRAVEL ALLOWANCE 23.1 Travel, meal or camping allowance is paid to employees who, in the course of their employment, are required to travel away from their normal place of work and no travel allowance is paid from an external party. An exception will be for workers in receipt of Sleepout Camp Allowance, where applicable allowances are bundled into a single allowance. This allowance will be increased by the same percentage as wages are increased. 23.2 Travel Allowance When an employee is required to travel for work, Council travel procedures and rates will apply. These are outlined separate to the Agreement and may vary from time to time. Additional approved work related expenses incurred will be reimbursed on production of receipts. This allowance will be Increased by the same percentage as wages are increased. 23.3 Camping Allowance When an employee is required to camp out for work and the employee provides his/her own food, the travel allowance rates and procedures will apply. This allowance will be increased by the same percentage as wages are increased. 24. MEAL ALLOWANCE 24.1 When an employee is asked to work a shift of more than 9.5 hours the Council will supply the employee with an adequate meat, or pay an amount of $15.00 to meet the cost of a meal. This allowance will be increased by the same percentage as wages are increased. 24.2 Where the length of the shift means taking further meals the Council will either supply the further meals or pay the employee $15.00 for each meal. 24.3 Where an employee is required to commence work prior to 5:30 am the employee will be paid $15 for a meal allowance. 25. BILINGUAL ALLOWANCE Where a position description identifies the desirability of fluent Indigenous language skills, an employee with fluent Indigenous language skills will be paid a weekly allowance of $35 (pro rata if less than full time). 26. SUPERANNUATION 26.1 Choice of Superannuation Fund Tangentyere Council will, under this agreement, provide each employee with the right to choose the superannuation fund into which the Employer will make Superannuation Guarantee contributions. The parties agree that AustralianSuper, or its successor fund, will be the nominated default fund for all eligible employees for the term of this agreement. Eligible employees include all staff, current and new covered by this agreement. If an employee does not select a fund, the Employer shall pay superannuation contributions in accordance with clause 26 into AustralianSuper, or Its successor fund. Tangentyere Council Enterprise Agreement 2013-16 Page 19 of 47
Employees may elect to have employer contributions sent to a
nominated superannuation fund, or to a validly constituted self managed
super fund.
Within 14 days of commencement, or upon request, an employee will be
provided with a Standard Choice form to nominate their choice of
superannuation fund. Existing employees may choose to change their
nominated superannuation fund, no more than once a year.
Tangentvere Council will forward the completed superannuation fund
membership forms to the employee's chosen superannuation fund. In
the event that an employee with a choice of fund does not nominate a
fund within 28 days, the Employer will forward the relevant
contributions, employee details and forms to the default fund -
AustralianSuper, or its successor fund.
26.2 Superannuation Contributions
The Council contributes the statutory amount of gross salary to the Fund
on behalf of each employee from the day the employee commences
employment. The parties agree that contributions required to be made
by the Employer for each employee will not be less than those specified
under the provisions of the Superannuation Guarantee (Administration)
Act .1992, as amended from time to time.
An employee may make additional contributions to a superannuation
fund and must authorise the Council in writing to pay the contributions
from t.9!'l.j;lm.ployee's wageli in accorgi.lnce with the fund trust deed and
rules. @n, rec;eiyiQQ w~ifj;en iauthoris~tion .. frOIJlJjn eiJlpiQYE!e th~ C()yncil
must c;Pm m~nc? nJ.aK,in~ p~yme~ts \rW t1~ ~omim1~.~d ~~n4i vf!thl;h 1:4
days of. recelptof t.ll.e .. a!:lth.ons?bon.:. .. · · · ·
An employee may vary their additional contributions by a written
authorisJtion and the Council must alter the additional contributions
within 14 days of receipt of this authorisation.
The (nominated) Super fund and the value of relevant contributions will
appear on employee's pay slip.
27 NOT USED
Tangentyere Council Enterprise Agreement 2013-16 Page 20 Qf 47
Employees may elect to have employer contributions sent to a nominated superannuation fund, or to a validly constituted self managed super fund. Within 14 days of commencement, or upon request, an employee will be provided with a Standard Choice form to nominate their choice of superannuation fund. Existing employees may choose to change their nominated superannuation fund, no more than once a year. Tangentyere Council will forward the completed superannuation fund membership forms to the employee's chosen superannuation fund. In the event that an employee with a choice of fund does not nominate a fund within 28 days, the Employer will forward the relevant contributions, employee details and forms to the default fund - AustralianSuper, or its successor fund. 26.2 Superannuation Contributions The Council contributes the statutory amount of gross salary to the Fund on behalf of each employee from the day the employee commences employment. The parties agree that contributions required to be made by the Employer for each employee will not be less than those specified under the provisions of the Superannuation Guarantee (Administration) Act 1992, as amended from time to time. An employee may make additional contributions to a superannuation fund and must authorise the Council in writing to pay the contributions from the employee's wages in accordance with the fund trust deed and rules. On receiving written authorisation from an employee the Council must commence making payments into the nominated fund within 14 days of receipt of the authorisation ... An employee may vary thelr additional contributions by a written authorisation and the Council must alter the additional contributions within 14 days of receipt of this authorisation. The (nominated) Super fund and the value of relevant contributions will appear on employee's pay slip. 27 NOT USED Tangentyere Council Enterprise Agreement 2013-16 Page 20 of 47
28, ANNUAL LEAVE (SUBJECT TO STANDARDS)
28.1 As per the National Employment Standards and as provided for below
28.1.1 Period of annual leave allowed
28.1.2 Employees, other than employees with a casual loading, are entitled to
six weeks annual leave per year of service together with an annual leave
loading of 17.5% of their normal pay on each week. An employee's
balance of accrued annual leave is adjusted at the end of each week
according to the number of normal hours worked thlt week, !nd lny
hours of annual leave taken.
28.1.3 No annual leave Is accrued where an employee is absent without pay.
28.1.4 Where any designated (or substituted) public holiday for which an
employee is entitled falls during a period of annual leave, the hours of
the public holiday are not deducted from an employee's annual leave
entitlement.
28.1.5 The period of time whilst an employee is on annual leave counts as
service for all purposes.
28.1.6 An employee will not be entitled to utilise annual leave until they have
completed 3 months of continuous employment from the date of
commencing non casual employment.
28.2 Acc;ess to Annual Leave
28.2.1
:•:::::~',\', , .. , ... ,:;•\ :!
Tangeg,tyer(ii1,C(?MO.~II .
to accE!Jlls\ atlea:l;t ~0 ·
year . . }, . }, ····. i/
28.2.2 Employees will have the option to access annual leave entitlements at
half pay .
.!8.2.3 An employee who has accrued Time in Lieu hours (see 43.3) must utilise
the time in lieu hours prior to utilising annual leave entitlements.
28.2.4 An employee must provide an application for annual leave to their
manager, who will decide whether or not to approve the leave based on
operational requirements. ·
28.3 Requirement to utilise 'excessive' accrued annual leave.
Excessive annual leave accrual is defined as more than 7 weeks, with
action required to reduce the accrual once it exceeds 8 weeks.
Where employees have accrued more than 8 weeks normal hours, they
are required to enter into an agreement with their manager to reduce
their leave entitlements to less than 7 weeks using one or both of the
following options
a. Within 3 months cash up excessive annual leave entitlements in
accordance with 28.5 , or
b. Within 3 months have commenced a period of annual leave sufficient
to utilise the excessive accrual.
An exception will occur where an employee accrues excessive leave
whilst on other paid leave. Where this occurs the employee will be
required to reduce the excessive leave in the normal manner within 3
months of return to work.
Tilngentvere council EnterPrise Agreement zou-16
28. ANNUAL LEAVE (SUBJECT TO STANDARDS) 28.1 As per the National Employment Standards and as provided for below 28.1.1 Period of annual leave allowed 28.1.2 Employees, other than employees with a casual loading, are entitled to six weeks annual leave per year of service together with an annual leave loading of 17.5% of their normal pay on each week. An employee's balance of accrued annual leave is adjusted at the end of each week according to the number of normal hours worked that week, and any hours of annual leave taken. 28.1.3 No annual leave is accrued where an employee is absent without pay, 28.1.4 Where any designated (or substituted) public holiday for which an employee is entitled falls during a period of annual leave, the hours of the public holiday are not deducted from an employee's annual leave entitlement. 28.1.5 The period of time whilst an employee is on annual leave counts as service for all purposes. 28.1.6 An employee will not be entitled to utilise annual leave until they have completed 3 months of continuous employment from the date of commencing non casual employment. 28.2 Access to Annual Leave 28.2.1 Tangentyere Council will ensure employees are provided the opportunity to access at least 10 consecutive days of accrued annual leave days per year. ..... 28.2.2 Employees will have the option to access annual leave entitlements at half pay. 28.2.3 An employee who has accrued Time in Lieu hours (see 43.3) must utilise the time in lieu hours prior to utilising annual leave entitlements. 28.2.4 An employee must provide an application for annual leave to their manager, who will decide whether or not to approve the leave based on operational requirements. 28.3 Requirement to utilise 'excessive' accrued annual leave. Excessive annual leave accrual is defined as more than 7 weeks, with action required to reduce the accrual once it exceeds 8 weeks. Where employees have accrued more than 8 weeks normal hours, they are required to enter into an agreement with their manager to reduce their leave entitlements to less than 7 weeks using one or both of the following options a. Within 3 months cash up excessive annual leave entitlements in accordance with 28.5 , or b. Within 3 months have commenced a period of annual leave sufficient to utilise the excessive accrual. An exception will occur where an employee accrues excessive leave whilst on other paid leave. Where this occurs the employee will be required to reduce the excessive leave in the normal manner within 3 months of return to work. Tangentyère Council Enterprise Agreement 2013-16 Page 21 of 47
Tangentyere enterprise Agreement
Final, for vote Tangentyere Council Enterprise Agreement 2013-16 Page 22 of 47
28.4 Sickness while on Annual Leave
28.4.1 An employee who falls ill or suffers an injury while on annual leave is
entitled to take sick leave for the period of illness.
28.5 Cash up of Annual Leave
28.5.1 An employee may elect to cash up annual leave provided that
a. The employee remaining annual leave entitlement is at least 4
weeks, and,
b. The employee agrees in writing to elect to cash up annual leave.
c. The employee has taken at least 3 weeks annual leave in the 12
month period prior to the cash up date.
29. PERSONAL( SICK) AND CARER'S LEAVE (SUBJECT TO
STANDARDS)
29.1 Entitlement
An employee may take paid Personal/Carer's leave if the leave is taken:
(a) because the employee is not fit for work because of a personal illness,
or personal injury, affecting the employee; called Personal (or Sick)
Leave; or
(b) to provide care or support to a member of the employee's immediate
family, or a member of the employee's household, who requires care or
support because of: a personal illness, or personal injury, affecting the
member; or an unexpected emergency affecting the member; called
Personal Leave.
: '\'.:.'•'"'·)'':.,:·.:. "( ·/; '•''' ·~··-" '·\
By agrJI!err\ent ))lit!J Couqcil'ian empl~)'e.!!.may .~.I so .USEt.annuaJAteave. .. and
furthe~\dMP~jd \~al(e 1\ls·fal;~r's LeJJ~ /( j" f ·· \\ , i( (. } ::{ },
.• : ..•. ,, .. :·,, '\,,. ·· :.•'.• ... , .. , .• •• '!\,.· ·;···
29.1.1 The employee will notify the Council before the beginning of the shift if
possible. rf it is not possible for the employee to give prior notice of
absence, the employee will notify the Council by telephone to their work
supervisor within one hour of the commencement of the shift.
29.1.2 The employee is entitled to ten days (for a full time employee) to utilise
as personal or carers leave in any year. Part time employees accrue
pro-rata leave entitlements. Employees may utilise amounts of not
more than two days/shifts at a time without a medical certificate,
provided they notify the employer not less than one hour before their
rostered commencement time or 7.30 am, whichever is the later. A
Medical certificatemust be provided for absences by an employee from
either the last scheduled work shift before a public holiday, or the first
scheduled work shift after the public holiday, where an employee ia
absent from work for two or more da)fs.
29.2 UNPAID CARER'S Lf:AVE
Entitlement to unpaid Carer's leave
Tangentyere
An employee is entitled to 2 days of unpaid Carer's leave for each
occasion (a permissible occasion) when a member of the employee's
immediate family, or a member of the employee's household, requires
care or support because of:
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.
Agreement '\7
28.4 Sickness while on Annual Leave 28.4.1 An employee who falls ill or suffers an injury while on annual leave is entitled to take sick leave for the period of illness. 28.5 Cash up of Annual Leave 28.5.1 An employee may elect to cash up annual leave provided that a. The employee remaining annual leave entitlement is at least 4 weeks, and, . The employee agrees in writing to elect to cash up annual leave. 0 C. The employee has taken at least 3 weeks annual leave in the 12 month period prior to the cash up date. 29, PERSONAL(SICK) AND CARER'S LEAVE (SUBJECT TO STANDARDS) 29.1 Entitlement An employee may take paid Personal/Carer's leave if the leave is taken: (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; called Personal (or Sick) Leave; or (b) to provide care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because of: a personal illness, or personal injury, affecting the member; or an unexpected emergency affecting the member; called Personal Leave. By agreement with Council an employee may also use annual leave and further unpaid leave as Carer's Leave 29.1.1 The employee will notify the Council before the beginning of the shift if possible. If it is not possible for the employee to give prior notice of absence, the employee will notify the Council by telephone to their work supervisor within one hour of the commencement of the shift. 29.1.2 The employee is entitled to ten days (for a full time employee) to utilise as personal or carers leave in any year. Part time employees accrue pro-rata leave entitlements. Employees may utilise amounts of not more than two days/shifts at a time without a medical certificate, provided they notify the employer not less than one hour before their rostered commencement time or 7.30 am, whichever is the later. A Medical certificatemust be provided for absences by an employee from either the last scheduled work shift before a public holiday, or the first scheduled work shift after the public holiday, where an employee ia absent from work for two or more days. 29.2 UNPAID CARER'S LEAVE Entitlement to unpaid Carer's leave An employee is entitled to 2 days of unpaid Carer's leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's household, requires care or support because of (a) a personal illness, or personal injury, affecting the member; or (b) an unexpected emergency affecting the member. Tangentyere Council Enterprise Agreement 2013-16 Page 23 of 47
Taking unpaid Carer's leave
(1) An employee may take unpaid carer's leave for a particular
permissible occasion if the leave is taken to provide care or support as
referred to in Clause 29.1 b.
(2) An employee may take unpaid carer's leave for a particular
permissible occasion as:
(a) a single continuous period of up to 2 days; or
(b) any separJte periods to which the employee and his or her employer
agree.
29.2.1 The employee will, If required, provide proof of the illness by supplying a
medical certificate or statutory decl;;~ration
29.2.2 The employee will, wherever possible, give the Council notice prior to
taking leave, provide the name of the person needing care and their
relationship to the employee, the reasons for taking the leave, and the
estimated length of absence. If it is not possible for the employee to
give prior notice of absence, the employee will notify the Council by
telephone at the first opportunity on the day of absence.
29.2.3 By agreement with Council an employee may also use annual leave and
further unpaid leave as Carer's
29.3 cash up of sick leave entitlements
Where an employee has accrued sufficient sick leave entitlements they
will, OQJWO _occasions per year (June.i;lnd December), be allowed to
cash-4P ljp .tP t:l3lf,a wel!k ~f sick le~ve o.q eiolcP OC(;i]Sioq,.subJect .. tq
·.:.(' :'.'.::. :'i.::\ :i\" ;;: .. ;·.::.,. ... ,;.:·:· ;i .. -:!} g::: ~::?.: ·i} ···\~,. , ...... .::· :i./ ··.;~:·: .i:: .z,~·· ......... ).·.
a. The .. employ.ee:s; rEimainlngpersO:tJal/carer;s leave•/entitlement •is .at
least 3 weeks, and, ·•·
b. The employee ~Qrees in writing to elect to cash up the personal/
carer's leave.
30 HEAL THY LIFESTYLE LEAVE
Tangentyere recognises that positive interventions aimed at improving
employee health will also improve performance through enhancing
capacity, and undertakes to provide reasonable support to promote and
maintain staff health and wellbeing, Cooperation between managers
and employees and, where they choose, their represent~tives, will
continue to achieve improvements in health for Tangentyere Employees.
UPon completion of 12 months of continuous service (exduding casual
employment), the Director may grant an employee up to 2 days
miscellaneous leave with pay and a reasonable amount of leave without
pay per calendar year to an employee participating in healthy lifestyle
events. These may include il recognised sporting event, such as the
Imparja Cup, Masters Games, Indigenous Sports Cup etc, to attend a
Quit Smoking Program, or to attend another recognised course for the
purpose of improving health and fitness. The requesting employee will
provide sufficient notice so as to ensure their absence from the
workplace does not negatively impact on the provision of services by the
organisation.
TilnQentyere council Enterprise Agreement 2013-16 Page 24 of 47
Taking unpaid Carer's leave (1) An employee may take unpaid carer's leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in Clause 29.1 b. (2) An employee may take unpaid carer's leave for a particular permissible occasion as: (a) a single continuous period of up to 2 days; or (b) any separate periods to which the employee and his or her employer agree. 29.2.1 The employee will, if required, provide proof of the iliness by supplying a medical certificate or statutory declaration 29.2.2 The employee will, wherever possible, give the Council notice prior to taking leave, provide the name of the person needing care and their relationship to the employee, the reasons for taking the leave, and the estimated length of absence. If it is not possible for the employee to give prior notice of absence, the employee will notify the Council by telephone at the first opportunity on the day of absence. 29.2.3 By agreement with Council an employee may also use annual leave and further unpaid leave as Carer's 29.3 Cash up of sick leave entitlements Where an employee has accrued sufficient sick leave entitlements they will, on two occasions per year (June and December), be allowed to cash-up up to half a week of sick leave on each occasion, subject to a. The employee's remaining personal/carer's leave entitlement is at least 3 weeks, and, b. The employee agrees in writing to elect to cash up the personal/ carer's leave. 30 HEALTHY LIFESTYLE LEAVE Tangentyere recognises that positive interventions aimed at improving employee health will also improve performance through enhancing capacity, and undertakes to provide reasonable support to promote and maintain staff health and wellbeing. Cooperation between managers and employees and, where they choose, their representatives, will continue to achieve improvements in health for Tangentyere Employees. Upon completion of 12 months of continuous service (excluding casual employment), the Director may grant an employee up to 2 days miscellaneous leave with pay and a reasonable amount of leave without pay per calendar year to an employee participating in healthy lifestyle events. These may include a recognised sporting event, such as the Imparja Cup, Masters Games, Indigenous Sports Cup etc, to attend a Quit Smoking Program, or to attend another recognised course for the purpose of improving health and fitness. The requesting employee will provide sufficient notice so as to ensure their absence from the workplace does not negatively impact on the provision of services by the organisation. Tangentyere Council Enterprise Agreement 2013-16 Page 24 of 47
31. PERFORMANCE MANAGEMENT
31.1 Employee and Employer Statement of Performance
Tangentyere Council intends to achieve outstanding results against its
stated organizational aims and objectives through the productive
engagement of all employees.
The Council sees itself as a learning and development organization
where outstanding achievements in its community service mission and
goals is clearly aligned with the happiness, education and empowerment
of all employees.
Tangentyere managers and supervisors will at all times act in honest,
ethical, friendly and supportive ways in exercising their authority as
workplace leaders. Tangentyere employees will conscientiously fulfil
their obligations under their employment contract, and engage with
other employees, clients and the public in a respectful and friendly
manner consistent with relevant Tangentyere policies.
Through clear and meaningful workplace goals, fair policies, open
dialogue and ready access to support at all levels, the organization aims
to build trust, confidence, and safety to enable each worker to develop
into a highly skilled, well adjusted person, motivated to work together
with others to fulfil the mission of Tangentyere Council. Tangentyere
Council will develop Its Human Services capability to provide consistent
and improved supervision, appraisal and feedback to all staff members.
Regular perf9rmance appraisal by supervisors will be an important tool
in ass~~sjrt~ ,~h;l Y!fprk.~.Qvirpnment.~roY,t~eg,,gy th~ ~f!JP!~~e~~}ilS)'!i~il as
the aci'!IGYel1'le~ts ~f tng:·e~ployee. $U'Ileryt!l.ors w1ll:. ,: : , .·.•.. ;. ,
a. id~('Jtil'y @\6:vv9tki\~o!l'ir~nment i$~ut!~iao.d imprdYerliiE!p:ts t.nat ..
should be made by the employer · ·· ·
b. identify high achievements, or gaps in the performance of
employees, and develop improvement plans where such gaps are
identified.
The appraisal will consider:
a. Any barriers preventing the performance of duties (which may be
related to the actions or non actions of the employer)
b. High levels of achievement, or performance gaps in any aspect of an
employees work record
c. Performance of duties against the position description
d. Identification of any training needs or other personal development
relevant to improving achievement.
e. Whether financial reward (increment) or other acknowledgement
should be provided on the basis of consistent high performance
identified in the appraisal)
Wherever possible, the appraisal process will endeavour to identify the
need for support or training, improvements to the work environment or
any other changes that may be made to assist the employee to develop
into a high achiever in the workplace. Tangentyere Council will not
unreasonably fail to provide such support when the need has been
identified.
Where underperformance by an employee is identified, Tangentyere
Council will endeavour to provide guidance and support to the employee
to help them achieve a satisfactory level of performance.
Tangentyere Council Enterprise Agreement 2013-16 Page 25 of 47
31. PERFORMANCE MANAGEMENT 31.1 Employee and Employer Statement of Performance Tangentyere Council intends to achieve outstanding results against its stated organizational aims and objectives through the productive engagement of all employees. The Council sees itself as a learning and development organization where outstanding achievements in its community service mission and goals is clearly aligned with the happiness, education and empowerment of all employees. Tangentyere managers and supervisors will at all times act in honest, ethical, friendly and supportive ways in exercising their authority as workplace leaders. Tangentyere employees will conscientiousty fulfil their obligations under their employment contract, and engage with other employees, clients and the public in a respectful and friendly manner consistent with relevant Tangentyere policies. Through clear and meaningful workplace goals, fair policies, open dialogue and ready access to support at all levels, the organization aims to build trust, confidence, and safety to enable each worker to develop into a highly skilled, well adjusted person, motivated to work together with others to fulfil the mission of Tangentyere Council. Tangentyere Council will develop its Human Services capability to provide consistent and improved supervision, appraisal and feedback to all staff members. Regular performance appraisal by supervisors will be an important tool mpioxerias we in assessing the work environment provided by the employer, as well as the achievements of the employee. Supervisors will, a. identify any work environment issues, and improvements that. should be made by the employer b. identify high achievements, or gaps in the performance of employees, and develop improvement plans where such gaps are identified. The appraisal will consider: a. Any barriers preventing the performance of duties (which may be related to the actions or non actions of the employer) b. High levels of achievement, or performance gaps in any aspect of an employees work record . Performance of duties against the position description d. Identification of any training needs or other personal development relevant to improving achievement, e. Whether financial reward (increment) or other acknowledgement should be provided on the basis of consistent high performance identified in the appraisal) Wherever possible, the appraisal process will endeavour to identify the need for support or training, improvements to the work environment or any other changes that may be made to assist the employee to develop into a high achiever in the workplace. Tangentyere Council will not unreasonably fail to provide such support when the need has been identified. Where underperformance by an employee is identified, Tangentyere Council will endeavour to provide guidance and support to the employee to help them achieve a satisfactory level of performance. Tangentyere Council Enterprise Agreement 2013-16 Page 25 of 47
31.2 Performance Reward System
From the commencement of the agreement/ Tangentyere Council
intends that an employee's access to increments or promotions based on
the Salary levels will be performance based. A performance
measurement system for fairly and equitii!bly determining a s~tisf.!lctory
level of performance will be developed in consultation with staff prior to
the introduction of this measure. Under such a system, Tangentyere
Council will not deny an incrernent to an employee where an appropriate
appraisal has not occurred by the due date owing to the fault of the
employer.
The Performance Reward System will be based on the following five
factors:
a. Length of service within a role, including any counselling or
disci pli nary issues
b. Skills obtained while in role
c. Demonstrated understanding of the role
d. Demonstrated understanding of workplace health and safety, equal
opportunity and anti-discrimination principles
e. Demonstrated commitment to Tangentyere Council Inc policies and
procedures, including adherence to the Objectives of the council.
32. DISCIPLINARY PROCE!DURES
32.1 Investigation
32.1.1 A sup~[v\sb,r,r o.I::).P!'!cqJ;Ui[lg(~ware ot1;an)q.cid~qt, or,,PQp:e,m .. of~poor \!Vork
perforr'ji~hcEj;th~t r)Jay.r\\!qqlre discipli~r)'iaQtii.m, WiiH,injlestig:!lt~~thoi!
inciderlt observfngith~ rliqul.ri3Blent:i.of'natutal justi~ ahd Wllfd&ide
whether the incident requires•disciplinary action. Where general issues
of poor performance/ eg productivity matters1 are detected 1 the
employee will, in the first instance be referred to Counselling (Section
31.2). However for more serious issues, such as dishonesty, disregard
for the safety and well being of others or property, or where
Tangentyere policies expressly state that breaches will result in
Disciplinary action, an employee may immediately be subject to
Disciplinary action, as outlined in the remainder of this clause. Such
Disciplinary action will be also accompanied by counselling and training
to correct the identified behaviours.
Where a third party reports the poor performance or misconduct, the
supervisor will first investigate the allegations, document evidence, and
allow the accused staff member to respond to the allegations.
32.2 Counselling
32.2.1 Poor Performance: Prior to any disciplinary action being taken by the
Council against any employee1 the employee will be counselled In
relation to the matter with a view to accurately identifying work
performance problems, and locating means of reducing and removing
the problems. A "Counselling Notice: Reprimand" in writing may be
issued at this point1 and placed on the employee's file. The employee
will be provided with the Tangentyere Code of Conduct and advised that
any further poor work performance/ or conduct in breach of the Code of
Conduct will result In diSCiplinary action being taken. The Council may
require the employee at this stage to participate in a Performance
Improvement Plan, where required performance improvements are
defined, and reviewed periodically with the employee.
TMgentyere Council Enterprise Agreemsnt 2013-16
31.2 Performance Reward System From the commencement of the agreement, Tangentyere Council intends that an employee's access to increments or promotions based on the Salary levels will be performance based. A performance measurement system for fairly and equitably determining a satisfactory level of performance will be developed in consultation with staff prior to the introduction of this measure. Under such a system, Tangentyere Council will not deny an increment to an employee where an appropriate appraisal has not occurred by the due date owing to the fault of the employer. The Performance Reward System will be based on the following five factors: a. Length of service within a role, including any counselling or disciplinary issues b. Skills obtained while in role c. Demonstrated understanding of the role d. Demonstrated understanding of workplace health and safety, equal opportunity and anti-discrimination principles e. Demonstrated commitment to Tangentyere Council Inc policies and procedures, including adherence to the Objectives of the council. 32. DISCIPLINARY PROCEDURES 32.1 Investigation 32.1.1 A supervisor, on becoming aware of an incident, or pattern of poor work performance that may require disciplinary action, will investigate the incident observing the requirements of natural justice and will decide whether the incident requires disciplinary action. Where general issues of poor performance, eg productivity matters, are detected, the employee will, in the first instance be referred to Counselling (Section 31.2). However for more serious issues, such as dishonesty, disregard for the safety and well being of others or property, or where Tangentyere policies expressly state that breaches will result in Disciplinary action, an employee may immediately be subject to Disciplinary action, as outlined in the remainder of this clause. Such Disciplinary action will be also accompanied by counselling and training to correct the identified behaviours. Where a third party reports the poor performance or misconduct, the supervisor will first investigate the allegations, document evidence, and allow the accused staff member to respond to the allegations. 32.2 Counselling 32.2.1 Poor Performance: Prior to any disciplinary action being taken by the Council against any employee, the employee will be counselled in relation to the matter with a view to accurately identifying work performance problems, and locating means of reducing and removing the problems. A "Counselling Notice: Reprimand" in writing may be issued at this point, and placed on the employee's file. The employee will be provided with the Tangentyere Code of Conduct and advised that any further poor work performance, or conduct in breach of the Code of Conduct will result In disciplinary action being taken. The Council may require the employee at this stage to participate in a Performance Improvement Plan, where required performance improvements are defined, and reviewed periodically with the employee. Tangentyere Council Enterprise Agreement 2013-16 Page 26 of 47
32.2.2
32.3
32.3.1
32.3.2
32.3.3
32.3.4
32.4
32.4.1
32.4.2
32.4.3
32.5
32.5.1
32.5.2
32.5.3
32.6
32.6.1
The process as outlined below is not necessarily to be followed
sequentially. An employee may receive a second warning if the
performance or conduct warrants it without having first received a
Counselling Notice/Reprimand or a First Warning.
First Warning
Where serious performance issues, as outlined in 32.1.1 occurs, or
where any poor performance or behaviour occurs after the issue of a
Counselling Notice, the supervisor will give the employee a First Warning
for the unsatisfactory performance of his/her duties.
In warning the employee, the supervisor will notify the employee in
writing that the disciplinary procedure has commenced and that the
employee could be dismissed if his/her performance does not improve.
When the reason ror the warning has been identified it will be put in
writing. If the employee requests, appropriate counselling and/or
training will be provided so that any problems can be rectified. At this
stage the Council may require the employee to participate in a
Performance Improvement Plan, where required performance
improvements are defined, and reviewed periodically with the employee.
Copies of this warning will be placed on the employee's file.
second Warning
An employee who has recei.ved a First Warning and becomes subje::t to
diSCiplfi1ii!"\' action for any ~~rther pqot work performance Or c.onduct will
b
. /~( ;' . .'· ,, ~'.'' ·" . .','.: ·-"·d'''\• ',·.·,:· .. '·'\.',:. :.;.,.. ··.~.)'!' :·?·'''\;,\ ','•'\',1··· •• ·:.•· '•·'····· ••• -. •• :,:-.··. , ... ···''···.~. • ..... ,.,,,,. ;:::'.,"•,"
e 91YE!n··a Sec;oh •,Wer(l!nQ!; ,, ', '.:\ ::: 'j, ; ;::; ·r;, •: ,,.,;
. ,.;:::. ·.. . .. A .. . )::·. ... fi .. ·.~:;:(.· , ... ·;.B~ .... i!:·,~. \;, .... :;:·" ·:.~·~. ,, .. ..:i· ,.'i(. \:~~·:" ::;L ..... ,:::\-.:: :;::::, ..... .. \ ...... ~· ·
The warning is to be confirmed in writing and provided to the employee.
Copies of this warning will be placed on the employee's file.
The Council may require the employee at this stage to participate in a
Performance Improvement Plan, where required performance
Improvements are defined, and reviewed periodically with the employee.
Final Warning
If the employee again is subject to disciplinary action for any poor work
performance or behaviour, the Chief Executive Officer will give the
employee a final warning.
The final warning will clearly state that should the employee again
become subject to disciplinary action for poor work performance or
conduct he/she will be dismissed. Copies of the final warning will be
placed on the employee's file.
The Council may require the employee at this stage to participate in a
Performance Improvement Plan, where required performance
improvements are defined, and reviewed with the employee periodically.
Termination
If there has been no improvement in the employee's performance after
the irnplement .. tion or the steps above, tne Chief Executive Officer or
delegated person may terminate the employee's employment In
accordance with this Agreement.
----~--~--~~--------------------------------------------~--------Ta~gentyere Coun~il Enterprise Agreement 2013-16 Pgoa 27 of 47
32.2.2 The process as outlined below is not necessarily to be followed sequentially. An employee may receive a second warning if the performance or conduct warrants it without having first received a Counselling Notice/Reprimand or a First Warning. 32.3 First Warning 32.3.1 Where serious performance issues, as outlined in 32.1.1 occurs, or where any poor performance or behaviour occurs after the issue of a Counselling Notice, the supervisor will give the employee a First Warning for the unsatisfactory performance of his/her duties, 32.3.2 In warning the employee, the supervisor will notify the employee in writing that the disciplinary procedure has commenced and that the employee could be dismissed if his/her performance does not improve. 32.3.3 When the reason for the warning has been identified it will be put in writing. If the employee requests, appropriate counselling and/or training will be provided so that any problems can be rectified. At this stage the Council may require the employee to participate in a Performance Improvement Plan, where required performance improvements are defined, and reviewed periodically with the employee. 32.3.4 Copies of this warning will be placed on the employee's file. 32.4 Second Warning 32.4.1 An employee who has received a First Warning and becomes subject to disciplinary action for any further poor work performance or conduct will be given a Second Warning. 32.4.2 The warning is to be confirmed in writing and provided to the employee. Copies of this warning will be placed on the employee's file. 32.4.3 The Council may require the employee at this stage to participate in a Performance Improvement Plan, where required performance Improvements are defined, and reviewed periodically with the employee. 32.5 Final Warning 32.5.1 If the employee again is subject to disciplinary action for any poor work performance or behaviour, the Chief Executive Officer will give the employee a final warning. 32.5.2 The final warning will clearly state that should the employee again become subject to disciplinary action for poor work performance or conduct he/she will be dismissed. Copies of the final warning will be placed on the employee's file. 32.5.3 The Council may require the employee at this stage to participate in a Performance Improvement Plan, where required performance improvements are defined, and reviewed with the employee periodically. 32.6 Termination 32.6.1 If there has been no improvement in the employee's performance after the implementation of the steps above, the Chief Executive Officer or delegated person may terminate the employee's employment In accordance with this Agreement Tangentyere Council Enterprise Agreement 2013-16 Page 27 of 47
32.7
32.7.1
32.8
32.8.1
32.8.2
32.8.3
32.9
32.9.1
32.10
32.11
Return of Documents and Equipment
The letter of termination will include a request to return to the Council
all documents and equipment that belong to the Council.
Summary Dismissal
The Council has the right to dismiss any employee without notice for
conduct that justifies instant dismissal. In such cases wages will be paid
up to the time of dismissal only.
The Chief Executive Officer or delegated person will advise the employee
of dismissal. Examples of serious misconduct include, but are not limited
to, theft, physical or verbal assault, bullying or sexual harassment,
misuse of Council funds, serious breaches of client confidentiality,
frequent non-attendance without adequate reason or notice, being
intoxicated by alcohol or other substances while on duty and/or in
charge of s Council vehicle, carelessly placing the safety and well being
of others or property at risk, or any other serious or fundamental breach
of Council policy.
First and Final Warning
In cases where serious misconduct has occurred which may have
resulted in dismissal as outlined in 31.8.2, the Chief Executive Officer
may at his/her discretion instead issue a First and Final Warning.
Interruption of Disciplinary Process
These proce~ures may be suspended. 13t any stage for a reasonable
periodifOt'gehuine reasonsiapproprl/.it\:! to the circumstances o'f the case.
;:\ ·; .•. ,:(: '·"";:~· ' , • ..,:)·'.' j. ,· ,.;;,,t:; i';' .... ,,,:?'.: ,:!)~ ,., };'i" ,.:J-"'' ,,, :~:.. ..,· .. ~,·:::- '· ·~·; .':~:\, '' '~?'' ,:) :.' ,.,..,,~ .... ·,(\ "'':':·· '" : ..... :.···'::,:.:.·:,,
At any:$tagi1)\0~ith~cl'[~qlfllif!al¥ pro~s$ .a~ el!nPioye~;'Cah.~~cl.Jd~.hllve
representation by another per4on or body.
Appeal Process
If an employee wishes to appeal the outcome of a disciplinary meeting,
they must do so in writing to the Chief Executive Officer within 4
working days of written notification of the outcome.
In appealing an outcome, an employee must do so on the grounds that
it is harsh, unjust or unreasonable, and set out the grounds and reasons
for the Council's consideration.
The Chief Executive Officer will respond to the employee within 4
working days of receiving the appeal. The Chief Executive Officer's
decision thereafter is final.
33. PARENTAL LE.AVE (SUBJECT TO STANDARDS) AND FOSTER CARE
LEAVE
As per the National Employment Standards, and as provided for below-
33.1 Paid Maternity Leave
33.1.1 Female employees who have been with the council for not less than
twelve months continuous service prior to the expected due date of the
baby (a medical certificate may be required as evidence) are entitled to
twelve weeks paid maternity leave for each child born during
employment at the Council.
-:-~--~~~----------~~------------------~----~-----Tangentyere Council Enterprise Agrsernent 2013-16 Page 28 of 47
32.7 Return of Documents and Equipment 32.7.1 The letter of termination will include a request to return to the Council all documents and equipment that belong to the Council. 32.8 Summary Dismissal 32.8.1 The Council has the right to dismiss any employee without notice for conduct that justifies instant dismissal. In such cases wages will be paid up to the time of dismissal only. 32.8.2 The Chief Executive Officer or delegated person will advise the employee of dismissal. Examples of serious misconduct include, but are not limited to, theft, physical or verbal assault, bullying or sexual harassment, misuse of Council funds, serious breaches of client confidentiality, frequent non-attendance without adequate reason or notice, being intoxicated by alcohol or other substances while on duty and/or in charge of a Council vehicle, carelessly placing the safety and well being of others or property at risk, or any other serious or fundamental breach of Council policy. 32.8.3 First and Final Warning In cases where serious misconduct has occurred which may have resulted in dismissal as outlined in 31.8.2, the Chief Executive Officer may at his/her discretion instead issue a First and Final Warning. 32.9 Interruption of Disciplinary Process 32.9.1 These procedures may be suspended at any stage for a reasonable period for genuine reasons appropriate to the circumstances of the case. 32.10 At any stage of the disciplinary process an employee can elect to have representation by another person or body. 32.11 Appeal Process If an employee wishes to appeal the outcome of a disciplinary meeting, they must do so in writing to the Chief Executive Officer within 4 working days of written notification of the outcome. In appealing an outcome, an employee must do so on the grounds that it is harsh, unjust or unreasonable, and set out the grounds and reasons for the Council's consideration. The Chief Executive Officer will respond to the employee within 4 working days of receiving the appeal. The Chief Executive Officer's decision thereafter is final. 33. PARENTAL LEAVE (SUBJECT TO STANDARDS) AND FOSTER CARE LEAVE As per the National Employment Standards, and as provided for below- 33.1 Paid Maternity Leave 33.1.1 Female employees who have been with the Council for not less than twelve months continuous service prior to the expected due date of the baby (a medical certificate may be required as evidence) are entitled to twelve weeks paid maternity leave for each child born during employment at the Council. Tangentyere Council Enterprise Agreement 2013-16 Page 28 of 47
33.1.2 The leave can be taken up to six weeks before the due date of the child.
Where an employee continues to work within the six week period
immediately prior to the expected date of birth, or where the employee
elects to return to work within six weeks after the birth of the child, the
Council may require the employe!' to provide a medical csrtificats
stating that she is fit to work an her normal duties. Remaining leave will
be carried over after the birth of the child.
33,2 Paternity Leave
33.2.1 Male employees who have been with the Council far not less than twelve
months continuous service (as defined by the Long Service leave
provisions) imrnedi:~tely prior to the expected due date of the baby of
their spouse or de-facto partner {a medical certificate may be required
as evidence of date) are entitled to leave on full pay for five working
days. The leave is to be taken either during the week prior to the
expected date of birth or up to six weeks after the birth of the child,
33.2.2 Dad and Partner Pay
Employees that have become fathers may be eligible to payment under
the Federal Government's Dad and Partner Pay legislation. It provides
up to two week's pay at a set rate for those who care for a child born or
adopted after 1 January 2013.
33.3 Unpaid Parental Leave
33.3.1 An employeE! who has been. with the_,:;ouncil for not less than twelve
mon~~~ co't1~\nypy,9 ser,xice,J~as defi~_iJ,9y t~)'! •. ~on9 ...• ?~1rvis,~ le,~xe. prov1s1,9n~) i~ eptit~~.~9fli\ monthspf:unqal~ parei1j:a; lfav~ 11 tl'ffl leave
is assQ!::Iatecy:vvit/1 tfle: bi!J;I)(igfoa chi!~ cft,tj:tk! $J11Pioy~ o~ t~e E¥!)1Pipyee·s
spouse or defacto partner, or.the adoption of a child under 16 years of
age, so long as the employee has the responsibility for the care of the
child. For a female employee who is granted paid maternity leave, the
entitlement of unpaid leave is reduced by this period. The leave must be
taken in a single continuous period.
33.3.2 A female employee who gives birth to a child may take unpaid parental
leave from 6 weeks prior to the due birthdate.
33.3.3 An employee may take unpaid parental leave at any time within 12
months after the date of birth, or adoption.
33.3.4 Where an employee who has given birth, or adopted a child, and her
spouse or defacto partner are both employees, then each employee may
take up to 12 months unpaid parental leave, subject to 33.3.1, so long
as each employee takes leave in a single continuous period, and the first
period of leave is taken no later than the birth or adoption of the child.
33.4 FOSTER CARE LEAVE
Employees fostering a child with the Northern Territory Department of
Family and community Services can claim up to 2 days leave per
calendar year with or without pay. Foster Care leave rnay be approved
for the purpose of:
"'· completing administrative procedures;
b. bonding with the child upon placement.
c. organizing school and other arrangements
T~a~ng~e=nt~y~er=e~C~ou=n=ci~IE~n~te=rp~r~lse~A7g=re=e=m=e7.nt~2~07.13~-716~----------------------~Pa_g_e729~of~4~7-------
33.1.2 The leave can be taken up to six weeks before the due date of the child. Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the Council may require the employee to provide a medical certificate stating that she is fit to work on her normal duties. Remaining leave will be carried over after the birth of the child. 33.2 Paternity Leave 33.2.1 Male employees who have been with the Council for not less than twelve months continuous service (as defined by the Long Service leave provisions) immediately prior to the expected due date of the baby of their spouse or de-facto partner (a medical certificate may be required as evidence of date) are entitled to leave on full pay for five working days. The leave is to be taken either during the week prior to the expected date of birth or up to six weeks after the birth of the child, 33.2.2 Dad and Partner Pay Employees that have become fathers may be eligible to payment under the Federal Government's Dad and Partner Pay legislation, It provides up to two week's pay at a set rate for those who care for a child born or adopted after 1 January 2013. 33.3 Unpaid Parental Leave 33.3.1 An employee who has been with the Council for not less than twelve months continuous service (as defined by the Long Service leave provisions) is entitled to 12 months of unpaid parental leave if the leave is associated with the birth of a child of the employee or the employee's spouse or defacto partner, or the adoption of a child under 16 years of age, so long as the employee has the responsibility for the care of the child. For a female employee who is granted paid maternity leave, the entitlement of unpaid leave is reduced by this period. The leave must be taken in a single continuous period. 33.3.2 A female employee who gives birth to a child may take unpaid parental leave from 6 weeks prior to the due birthdate. 33.3.3 An employee may take unpaid parental leave at any time within 12 months after the date of birth, or adoption. 33.3.4 Where an employee who has given birth, or adopted a child, and her spouse or defacto partner are both employees, then each employee may take up to 12 months unpaid parental leave, subject to 33.3.1, so long as each employee takes leave in a single continuous period, and the first period of leave is taken no later than the birth or adoption of the child. 33.4 FOSTER CARE LEAVE Employees fostering a child with the Northern Territory Department of Family and Community Services can claim up to 2 days leave per calendar year with or without pay, Foster Care leave may be approved for the purpose of: a. b. completing administrative procedures; bonding with the child upon placement. c. organizing school and other arrangements Tangentyère Council Enterprise Agreement 2013-16 Page 29 of 47
Foster Care Leave can only be taken at the time a child/Children
initially comes into the care of an employee. Paid leave Is available
to employees with 12 months service. An employee with less than
twelve months continuous service is eligible for foster care leave, but
only as leave without pay.
To be eligible:
a. the employee must be the primary carer during the period of leave;
b. the child must not have lived with the employee for a continuous
period of six months or more prior to the commencement of the
foster care process;
c. the leave must be taken at the time the child comes into the care of
the employee and;
d. documentary evidence of approval from FACS confirming date
child/children comes into the care of the employee must be
submitted when applying for leave.
Tangentyere Council Enterprise Agreement 2013-16 ~oge 30 of 47
Foster Care Leave can only be taken at the time a child/children initially comes into the care of an employee. Paid leave is available to employees with 12 months service. An employee with less than twelve months continuous service is eligible for foster care leave, but only as leave without pay. To be eligible: a. the employee must be the primary carer during the period of leave; b. the child must not have lived with the employee for a continuous period of six months or more prior to the commencement of the foster care process; c. the leave must be taken at the time the child comes into the care of the employee and; 1. documentary evidence of approval from FACS confirming date child/children comes into the care of the employee must be submitted when applying for leave. Final, for vote Tangentyere Council Enterprise Agreement 2013-16 Page 30 of 47
34. PUBLIC HOLIDAYS AND TANGENTYERE DAY
34.1 All employees, other than those in receipt of a casual loading, are
entitled to the following days without deduction of wages:
34.2
34.3
34.4
34.5
34.6
New Year's Day
Australia Day
Good Friday
Easter Monday
Anzac Day
May Day (1st Monday in May)
Queen's Birthday
Picnic Day (August)
Show Day (on the day and in the locality for which It is gazetted)
Christmas Day
Boxing Day
Where a public holiday falls on a work day, employees will only be
entitled to payment for their "Standard shift hours" (refer to Clause 6,
definitions).
:·;'{('·'··~ .. ··.;,::~ .... ·:·,:': i': )~···::··~.. ' ' .:·
Where')p,pub;liC'i,hiJ'IidC!JY'fii!ll~ due whfl'e ~tl'~f1"\11i'oyeefis '.eqting i~ a .f!!~her
class clr grade, ;pa}iin!2riti;fo~ the holi~a~s !!he!! I be ma,de ~t t~e·irat~ fqr
the hi~her cr\~·:5~'oti'li~~d~ · ,,, :\. ' ' ' " ' ' ··· ··.·· ..... ,.
Employees who work on a public holiday will be paid single rate for their
public holiday consistent with their nominated "Standard Shift Hours",
plus overtime for any hours actually worked at the rate of time and a
half for the first 2 hours and double time thereafter, unless they have
already worked 2 or more hours overtime during the week in which case
all hours worked will be paid at the rate of double time. Casual
employees will receive the overtime rate only, based on their normal
rate without the casual loading.
Where in the Northern Territory or a locality within the Northem
'rerritory an additional public holiday is proclaimed or gazetted by the
Commonweetlth or Northern Territory Government and the holiday is to
be observed generally throughout the Northern Territory or a locality
thereof, other than by those covered by Federal Awards, or when such a
proclaimed or gazetted day is, by any required judicial or administrative
order, to be so observed, then such day shall be deemed to be a holiday
for the purposes of this Agreement.
Another day as decided by the Chief ExecutiVe Officer will be known as
Tangentyere Day, which employees may be absent from work and paid
the standard r~t!' of P'Y. At tha dio:;retion of the Chief executive Qrfit;t:~r,
full-time employees that will not otherwise benefit from the
"Tangentyere Day" will be granted an alternative date on which to
observe "Tangentyere Dety" at the standard rate of pay.
--~~-ge-n-ty-e-re_c_o_un-ci-IE_n_ts=rp~ris=e=A=g~re-em--en=t~2~01~3~·1~6------------------------P-a-ge~3~1-o7f~47~------
34. PUBLIC HOLIDAYS AND TANGENTYERE DAY 34.1 All employees, other than those in receipt of a casual loading, are entitled to the following days without deduction of wages: New Year's Day Australia Day Good Friday Easter Monday Anzac Day May Day (1st Monday in May) Queen's Birthday Picnic Day (August) Show Day (on the day and in the locality for which it is gazetted) Christmas Day Boxing Day 34.2 Where a public holiday falls on a work day, employees will only be entitled to payment for their "Standard shift hours" (refer to Clause 6, definitions). 34.3 Where a public holiday falls due while an employee is acting in a higher class or grade, payment for the holidays shall be made at the rate for the higher class or grade. ", 34.4 Employees who work on a public holiday will be paid single rate for their public holiday consistent with thelr nominated "Standard Shift Hours", plus overtime for any hours actually worked at the rate of time and a half for the first 2 hours and double time thereafter, unless they have already worked 2 or more hours overtime during the week in which case all hours worked will be paid at the rate of double time. Casual employees will receive the overtime rate only, based on their normal rate without the casual loading. 34.5 Where in the Northern Territory or a locality within the Northern Territory an additional public holiday is proclaimed or gazetted by the Commonwealth or Northern Territory Government and the holiday is to be observed generally throughout the Northern Territory or a locality thereof, other than by those covered by Federal Awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this Agreement. 34.6 Another day as decided by the Chief Executive Officer will be known as Tangentyere Day, which employees may be absent from work and paid the standard rate of pay. At the discretion of the Chief Executive Officer, full-time employees that will not otherwise benefit from the "Tangentyere Day" will be granted an alternative date on which to observe "Tangentyere Day" at the standard rate of pay. Tangentyere Council Enterprise Agreement 2013-16 Page 31 of 47
35. CEREMONIAL LEAVE
35.1 An employee who has had continued employment of a 6 months period
with the Council may be granted up to eight weeks' paid leave per
annum for ceremonial purposes. This is granted at the discretion of the
Chief Executive Officer.
35.2 By agreement of the council that leave may be extended as unpaid
leave.
36. BEREAVEMENT (COMPASSIONATE) LEAVE
Bereavement Leave, also known as Compassionate leave is provided as
per the Fair Work Act 2009.
36.1 Entitlement to bereavement/compassionate leave
36.1.2
36.2
36.2.1
36.2.2
36.2.3
36.3
An employee is entitled to 2 days of compassionate leave for each
occasion (a permissible occasion) when a member of the employee's
immediate family, or a member of the employee's household:
(a) contracts or develops a personal illness that poses a serious threat to
his or her life; or
(b) sustains a personal injury that poses a serious threat to his or her
life; or
(c) dies.
Evidence such as a medical certificate may be required,
Taking b'l!r~vement/compassioAate leave ,
.:;:·: ,,,,,\; !·',:·.i: .. ,:::··",.._,,,:·e.: /, ........... :.·:;;: \) ··"':;· ,:.: .... -"·'\.',. .... · .. ·;\ ... ' .. ,..· '··~·~ ··::-'.it''"'·\. ··/t·'·· ·'::''· .... \ .. ~
An em.~)oye~ f11:j:IY ;ta.~e %orf,lpassion4~~\le~!l$(:for a p~pti4~Jiaffi ~rrJ;lissible
occasion if tfte·leavl::ds taken:' '·' ·' •'· · ' 1
· · ·· •
(a) to spend time with the me'mber of the employee's immE'!diate family
or household who has contracted or developed the personal illness, or
sustained the personal injury,
(b) after the death of the member of the employee's immediate family
or household
An employee may take compassionate leave for
(a) a particular permissible occasion as a single continuous 2 day
period; or
(b) 2 separate periods of 1 day each; or
(c) any separate periods to which the employee and his or her employer
agree.
If the permissible occasion is the contraction or development of a
personal Illness, or the sustaining of a personal injury, the employee
may take the compassionate leave for that occasion at any time while
the illness or injury persists.
Payment for bereavement /compassionate leave (other than for
casual employees)
If, in accordance with this Subdivision, an employee, other than a casual
employee, takes a period of compassionate leave, the employer must
pay the employee at the employee's base rate of pay for the employee's
ord1nary hours of work in the period. Note: For casual employees, ·
compassionate leave is unoaid leave.
Tangentyere council Enterprise Agreement 2013·16 Page 32 of 47
35. CEREMONIAL LEAVE 35.1 An employee who has had continued employment of a 6 months period with the Council may be granted up to eight weeks' paid leave per annum for ceremonial purposes. This is granted at the discretion of the Chief Executive Officer. 35.2 By agreement of the Council that leave may be extended as unpaid leave. 36 BEREAVEMENT (COMPASSIONATE) LEAVE Bereavement Leave, also known as Compassionate leave is provided as per the Fair Work Act 2009. 36.1 Entitlement to bereavement/compassionate leave An employee is entitled to 2 days of compassionate leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's household: (a) contracts or develops a personal illness that poses a serious threat to his or her life; or (b) sustains a personal injury that poses a serious threat to his or her life; or (c) dies. 36.1.2 Evidence such as a medical certificate may be required. 36.2 Taking bereavement/compassionate leave 36.2.1 An employee may take compassionate leave for a particular permissible occasion if the leave is taken: (a) to spend time with the member of the employee's immediate family or household who has contracted or developed the personal illness, or sustained the personal injury, (b) after the death of the member of the employee's immediate family or household 36.2.2 An employee may take compassionate leave for (a) a particular permissible occasion as a single continuous 2 day period; or (b) 2 separate periods of 1 day each; or (c) any separate periods to which the employee and his or her employer agree. 36.2.3 If the permissible occasion is the contraction or development of a personal Illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists. 36.3 Payment for bereavement / compassionate leave (other than for casual employees) If, in accordance with this Subdivision, an employee, other than a casual employee, takes a period of compassionate leave, the employer must pay the employee at the employee's base rate of pay for the employee's ordinary hours of work in the period. Note: For casual employees, compassionate leave is unpaid leave. Tangentyere Council Enterprise Agreement 2013-16 Page 32 of 47
37. LONG SERVICE LEAVE
37.1 Employees will receive long service leave entitlements under the
Northern Territory Long Service Leave Act provided that all employees
will be entitled to pro rata long service leave after seven years service
with the Council.
Long service leave will be available to be applied for and taken after
seven year's service with the Council.
On termination, an employee will be paid their accrued long service
leave, apart from where an employee is dismissed for serious and willful
misconduct.
38. JURY SERVICE (AS PER THE STANDARDS, AND AS DESCRIBED
BELOW)
38.1 Notice of Jury Service
An employee will notify the Council as soon as possible of the date which
he/she is required to attend for jury service. The employee will give the
Council proof of attendance, the length of attendance and the amount
received in respect of jury service.
38.2 Income whilst on Jury Service
An emploY!'!~, required to a~;tend for ~.ur:v service during ordina~y working
hours ~h~il r::~ot:§JJ«er,.,a.Jps~ of Income to~,,th,e,periGllil o,f 3t~nqanc;.efpr
jury sefV\ce.(! E\rJpi~Y,~~ w\11 contin~e t.o ~~paid as\!;~bt[gh:{wgrk,filg
normaf.'.hours; ·~o lbng as al+th'ird pa\ty\p~yrl\ents add aflo.wari'tles' .,. ·
received for participation in Jury service will be then provided to
Tangentyere Council. An employee is not entitled to receive more than
their normal hours of remuneration by personally accepting any other
payment received in respect of the jury service,
39. COMMUNITY SERVICE LEAVE (as per the STANDARDS, and as
described below)
a. An employee may be absent from employment to undertake voluntary
emergency management activity with a recognized emergency
management body that involves dealing with an emergency or natur;:~l
disaster, so long as they are a member of the emergency management
body or were requested on behalf of the body to undertake in the
activity.
b. An employee must provide notice of absence as soon as it is possible,
and state how long the leave is likely to be. This period shall count as
unpCJid leave, however the Chief Executive Officer may, at his
discretion, approve an application of annual leave to cover the period of
absence.
40. SPECIAL LEAVE
40.1 Subject to the approval of the Chief Executive Offi~;;er paid leave for
special circumstance!l not provided for elsewhere under this Agreement
may be granted but is not to exceed three days in any year.
---·~:::::-::;;-;::::::::-:-~:-::-::-::---:-::::-:-::-"":7"----------- . .,,--;:-=----
Tangentyere Council Enterprise Agreement 2013-16 Page 3: of 47
37. LONG SERVICE LEAVE 37.1 Employees will receive long service leave entitlements under the Northern Territory Long Service Leave Act provided that all employees will be entitled to pro rata long service leave after seven years service with the Council. Long service leave will be available to be applied for and taken after seven year's service with the Council. On termination, an employee will be paid their accrued long service leave, apart from where an employee is dismissed for serious and willful misconduct. 38. JURY SERVICE (AS PER THE STANDARDS, AND AS DESCRIBED BELOW) 38.1 Notice of Jury Service An employee will notify the Council as soon as possible of the date which he/she is required to attend for jury service. The employee will give the Council proof of attendance, the length of attendance and the amount received in respect of jury service. 38.2 Income whilst on Jury Service An employee required to attend for jury service during ordinary working hours shall not suffer a loss of income for the period of attendancefor jury service. Employees will continue to be paid as though working' normal hours, so long as all third party payments and allowances"." received for participation in Jury service will be then provided to Tangentyere Council. An employee is not entitled to receive more than their normal hours of remuneration by personally accepting any other payment received in respect of the jury service, 39. COMMUNITY SERVICE LEAVE (as per the STANDARDS, and as described below) a. An employee may be absent from employment to undertake voluntary emergency management activity with a recognized emergency management body that involves dealing with an emergency or natural disaster, so long as they are a member of the emergency management body or were requested on behalf of the body to undertake in the activity. b. An employee must provide notice of absence as soon as it is possible, and state how long the leave is likely to be. This period shall count as unpaid leave, however the Chief Executive Officer may, at his discretion, approve an application of annual leave to cover the period of absence. 40. SPECIAL LEAVE 40.1 Subject to the approval of the Chief Executive Officer paid leave for special circumstances not provided for elsewhere under this Agreement may be granted but is not to exceed three days in any year. Tangentyere Council Enterprise Agreement 2013-16 Page 33 of 47
40.2 Special Leave does not accumulate from year to year but does count as
service for all purposes.
40.3 Special Leave must be Jpplied for in advance if possible.
Tangentyere Council Enterprise Agreement 2013-16 ~ag~ 34 of 47
40.2 Special Leave does not accumulate from year to year but does count as service for all purposes. 40.3 Special Leave must be applied for in advance if possible. Final, for vote Tangentyere Council Enterprise Agreement 2013-16 Page 34 of 47
41. STAFF DEVELOPMENT, TRAINING AND STUDY LEAVE
41.1 Tangentyere recognizes that staff training and development provides for
Increased organizational capability through enhancing the potential of
employees to contribute to the Council's mission and enebling
employees to perform their jobs more effectively.
Employees are required to keep their skills and knowledge up-to-date,
through professional development opportunities. Employees'
development needs will be assessed on a regular basis, particularly
when required to perform new tasks or acquire new skills or after an
extended absence from duty. The Council is committed to providing
opportunities for employees to participate In relevant learning and
development activities.
Employees who are granted study leave, or who undertake training or
study paid for by the Council must provide evidence of successful
completion of the studies. Employees who fail to do so without good
reason will be expected to reimburse fees paid by the Council, and
reimburse paid study leave from their Annual Leave accruals.
41.1.1 These will include:
a. education and training, including on-the-job training, external and
accredited learning where funds permit.
b. supported training and development plans to equip Aboriginal
employees to act in and advance to higher level positions;
c. orieptatign for new employees; ,
d. att~n~ih).fe."!jt,sonte~.!'Jn~es 1~!• i'''V
e trailil6g lti t§e ys~,o~n~w technqlo~y;:
f. OHS traitl.ing .. ,\\ .;., ,.,;;: ,:\ it '\ ,,,,J
41.1.2 Employees with professional qualifications will be entitled to five (5)
days professional development leave per calendar year to update their
skills and knowledge.
Tangentyere will fund reasonable professional membership subscriptions
for employees that have a professional qualification that is a required
criterion of their job, and/or assist them in keeping their skills and
knowledge up to date.
41.2 The Council will release employees undertaking training and nominations
for training will not be unreasonably refused. Relief will be arranged
when appropriate.
41.3 Where possible both formal and informal periods will be set aside during
working hours for the purpose of employee educ~tion and training, in
areas relevant to the work at hand.
41.4. STUDY LEAVE
The Council undertakes to support employees whose formal studies will
provide clear benefit to the workplace, Employees who are granted
study leave, or who undertake training or study paid for by the Council
must provide evidence of successful completion of the studies.
Study leave will be consistent with the following guidelines
41.4.1 An employee is entitled to two hours per week study leave, (for a
minimum 25% academic load) for the period of formal studies, but not
Tangentyere Council Enterprise Agreement 2013-16 Page 35 of 47
41. STAFF DEVELOPMENT, TRAINING AND STUDY LEAVE 41.1 Tangentyere recognizes that staff training and development provides for Increased organizational capability through enhancing the potential of employees to contribute to the Council's mission and enabling employees to perform their jobs more effectively. Employees are required to keep their skills and knowledge up-to-date, through professional development opportunities. Employees' development needs will be assessed on a regular basis, particularly when required to perform new tasks or acquire new skills or after an extended absence from duty. The Council is committed to providing opportunities for employees to participate In relevant learning and development activities. Employees who are granted study leave, or who undertake training or study paid for by the Council must provide evidence of successful completion of the studies. Employees who fail to do so without good reason will be expected to reimburse fees paid by the Council, and reimburse paid study leave from their Annual Leave accruals. 41.1.1 These will include: a. education and training , including on-the-job training, external and accredited learning where funds permit. b. supported training and development plans to equip Aboriginal employees to act in and advance to higher level positions; c. orientation for new employees; d. attendance at conferences mør vote f. OHS training. 41.1.2 Employees with professional qualifications will be entitled to five (5) days professional development leave per calendar year to update their skills and knowledge. Tangentyere will fund reasonable professional membership subscriptions for employees that have a professional qualification that is a required criterion of their job, and/or assist them in keeping their skills and knowledge up to date. 41.2 The Council will release employees undertaking training and nominations for training will not be unreasonably refused. Relief will be arranged when appropriate. 41.3 Where possible both formal and informal periods will be set aside during working hours for the purpose of employee education and training, in areas relevant to the work at hand. 41.4. STUDY LEAVE The Council undertakes to support employees whose formal studies will provide clear benefit to the workplace. Employees who are granted study leave, or who undertake training or study paid for by the Council must provide evidence of successful completion of the studies. Study leave will be consistent with the following guidelines 41.4.1 An employee is entitled to two hours per week study leave, (for a minimum 25% academic load) for the period of formal studies, but not - Tangentyere Council Enterprise Agreement 2013-16 Page 35 of 47
including extensions granted for failure to complete studies within the
nominated time period ..
41.4.2 An employee undertaking a minimum 25% academic load is entitled to a
further week of study leave per semester to study for exams and to
attend residential school.
41.4.3 Study leave may, at the discretion of the Chief Executive Officer, be
approved for different periods in amounts consistent with 39.1 and 39.2.
41.4.4. Any employee who is a union delegate will be allowed two days paid
training to attend the United Voice conference each year.
42. ATTENDANCE AT BLOOD BANK
An employee shall not suffer any deduction in pay where during normal
working hours he or she attends a local blood bank and donates blood.
The Council and employee will agree to a mutually convenient time for
the employee to attend the blood bank or the Council may arrange for
the blood bank to visit his or her establishment.
43. OVERTIME
43.1 Eligibility
43.1.1 Employees classified at Level 8 or above are not entitled to overtime
payments or time in lieu.
43.1.2 When-~o*ing overtime e~ployees ,r:nust have written prior a~:~proval for
either ~iiT;le' q,ff.Jp,l-i~u,,of,pv~rtime orf'P!,id ,pv~rt!ime~.Th,e pv~rtl#ne ~:leurs
are to pe stl pul~te~ qrT ~~e 'pverti mej(t1!'11e ,in il ieu forw sybj~l:t!;to :¢liuse
4 t .1.3'~.:;' "' ., \'.' ~\. ·~ .. i, .. t:'''·~·.:\ .. :.'· \'j ,·.,'.\ \ ',,,.,·, .. -:-;, ) ·'
43.1.3 Overtime (unless the extra hours worked are at the request of the
employee to accrue flexi time at the standard rate of pay) occurs when
the hours of work
a. Exceed 37.5 hours in a week, or
b. Fall on a public holiday, or
c. Occur whilst 'On call" 3), or during Sleepovers or
d. where an employee is recalled to work (on an irregular basis) after
completing a shift of 7.5 hours
43.2 Payment of Overtime
43.2.1 Requirement to work overtime
Employees may be required to work reasonable overtime.
43.2.2 Overtime is paid at the rate of time and a half for the first two hours and
double time thereafter, except on Public Holidays, where payments are
outlined in Clause 34. In the event that a casual employee has worked
in excess of 37.5 hours in a week, the additional hours shall be paid at
overtime rates only, and the casual loading will not apply.
43.2.3 Where the period of overtime is more than two hours and immediately
follows a shift of 7.5 hours, an employee, before starting overtime, shall
be allowed a meal break of twenty minutes. Meal breaks shall be
counted as time worked.
Tangentyere Council Enterprise Agreement 2013-16 Page 36 of 47
including extensions granted for failure to complete studies within the nominated time period .. 41.4.2 An employee undertaking a minimum 25% academic load is entitled to a further week of study leave per semester to study for exams and to attend residential school. 41.4.3 Study leave may, at the discretion of the Chief Executive Officer, be approved for different periods in amounts consistent with 39.1 and 39.2. 41.4.4. Any employee who is a union delegate will be allowed two days paid training to attend the United Voice conference each year. 42 ATTENDANCE AT BLOOD BANK An employee shall not suffer any deduction in pay where during normal working hours he or she attends a local blood bank and donates blood. The Council and employee will agree to a mutually convenient time for the employee to attend the blood bank or the Council may arrange for the blood bank to visit his or her establishment. 43. OVERTIME 43.1 Eligibility 43.1.1 Employees classified at Level 8 or above are not entitled to overtime payments or time in lieu. 43.1.2 When working overtime employees must have written prior approval for either time off in lieu of overtime or paid overtime: The overtime hours are to be stipulated on the overtime time in lieu form subject to clause 41.1.39. 43.1.3 Overtime (unless the extra hours worked are at the request of the employee to accrue flexi time at the standard rate of pay) occurs when the hours of work a. Exceed 37.5 hours in a week, or b. Fall on a public holiday, or c. Occur whilst 'On call" 3), or during Sleepovers or d. where an employee is recalled to work (on an irregular basis) after completing a shift of 7.5 hours 43.2 Payment of Overtime 43.2.1 Requirement to work overtime Employees may be required to work reasonable overtime. 43.2.2 Overtime is paid at the rate of time and a half for the first two hours and double time thereafter, except on Public Holidays, where payments are outlined in Clause 34. In the event that a casual employee has worked in excess of 37.5 hours in a week, the additional hours shall be paid at overtime rates only, and the casual loading will not apply. 43.2.3 Where the period of overtime is more than two hours and immediately follows a shift of 7.5 hours, an employee, before starting overtime, shall be allowed a meal break of twenty minutes. Meal breaks shall be counted as time worked. Tangentyere Council Enterprise Agreement 2013-16 Page 36 of 47
43.3 Time off In lieu of payment of overtime
43.3.1 Where overtime is the result of the Council's work requirements an
employee may take time off equivalent to the overtime value at a time
agreed with the Council, on an hour for hour basis.
43.3.2
43.3.3 Employees will be permitted to accumulate no more than 75 hours
before taking time off in lieu, except where work demands are such that
an employee is likely to accumulate the hours In a continuous work
period. Under these circumstances the Chief Executive Officer may
allow additional time in lieu hours to be accumulated for that period.
43.3.4 Any accrued time in lieu hours must be utilized before an employee may
utilize Annual Leave entitlements.
43.4 Crib break
An employee working overtime shall be allowed a crib break of not less
than twenty minutes after each four hours of overtime, provided that
overtime continues after the break. Crib breaks shall be counted as time
worked.
43.5 Rest period before recommencing work
43.5.1 Wherever possible, when shifts exceed 9.5 hours, employees will have
at least ten consecutive hours off duty between work on successive
days •. ,,, '·' ( ('
: ; ,,,, •"" ,,--·,., ''"'' , .. , '": .. ;·,.,., ' ,, " ,.. '•.1·''' ,,,,,,,, ,·[.·,::: .. '·· '.,,.,, ..
,.;,,:, .. , .·..' ···.~;.:. '":-·.(:~··'.' ·"""~\ .:~·· · ·;:~ A:.; /i'' '•!.:·. ·'":'::(:.····,,~, ·"'~:·.:,..· '\'' .1•r·" ., ·'.',.
43.5,2 If on ~~e in!l#tu.~igbs~pf...~n~counciJ~u¢n in~mploy'~e r~fi.lflh~~. &~
continues work without having had ten consecutive hours off duty, the
employee shall be paid at double rates until he/she is released from duty
and the employee shall then be entitled to be absent until he/she has
had ten consecutive hours off duty without Joss of pay for ordinary
working time occurring during such absence.
44 STAND DOWN- WITHOUT PAY
44.1 The employer has the right to st;:md down an employee withOut pay
under the following circumstances.
43.2 Where an employee is required to drive a Council vehicle as part of their
duties and the employee has not submitted a copy of their current
driver's licence to Human Resources they may be stood down after five
days written notice until such time as they do produce the required
documentation
44.3 Where it comes to the attention of Council that an employee has been
found guilty or pleaded guilty to a criminal offence that may be
inconsistent with their continued employment, as defined in relevant
policies, the employer may give 5 days written notice to the employee to
demonstrate to the contrary otherwise they may be stood down.
44.4 The Council may also stand down employees in accordance with the Fair
Work Act.
45. SHIFT WORK PROVISIONS.
- ----"·--:----c-c:- ==~==-;;;:;;-:::-:-:::--------------,::---=--::-::::----
Tangentyere Cowncil Enterprise Agreement 2013·16 Page 37 of 47
43.3 Time off In lleu of payment of overtime 43.3.1 Where overtime is the result of the Council's work requirements an employee may take time off equivalent to the overtime value at a time agreed with the Council, on an hour for hour basis. 43.3.2 43.3.3 Employees will be permitted to accumulate no more than 75 hours before taking time off in lieu, except where work demands are such that an employee is likely to accumulate the hours in a continuous work period. Under these circumstances the Chief Executive Officer may allow additional time in lieu hours to be accumulated for that period. 43.3.4 Any accrued time in lieu hours must be utilized before an employee may utilize Annual Leave entitlements. 43.4 Crib break An employee working overtime shall be allowed a crib break of not less than twenty minutes after each four hours of overtime, provided that overtime continues after the break. Crib breaks shall be counted as time worked. 43.5 Rest period before recommencing work 43.5.1 Wherever possible, when shifts exceed 9.5 hours, employees will have at least ten consecutive hours off duty between work on successive days 43.5.2 If on the instructions of the Council such an employee resumes of, continues work without having had ten consecutive hours off duty, the employee shall be paid at double rates until he/she is released from duty and the employee shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. 44 STAND DOWN - WITHOUT PAY 44.1 The employer has the right to stand down an employee without pay under the following circumstances. 43.2 Where an employee is required to drive a Council vehicle as part of their duties and the employee has not submitted a copy of their current driver's licence to Human Resources they may be stood down after five days written notice until such time as they do produce the required documentation 44.3 Where it comes to the attention of Council that an employee has been found guilty or pleaded guilty to a criminal offence that may be inconsistent with their continued employment, as defined in relevant policies, the employer may give 5 days written notice to the employee to demonstrate to the contrary otherwise they may be stood down. 44.4 The Council may also stand down employees in accordance with the Fair Work Act. 45. SHIFT WORK PROVISIONS. Tangentyere Council Enterprise Agreement 2013-16 Page 37 of 47
45.1 Sleepover
45.1.1 Where an employer requires an employee to sleepover on the
employer's premises between the employee's normal rostered hours of
duty whilst performing a split shift, the employee will be entitled to an
allowance of $40.09 in lieu of any other payment_
45.1.2 Any work necessarily performed by the employee during his or her
sleepover, will attract penalty rates as provided for in the current
certified agreement as long as a minimum payment of one hour is made
to an employee who is required to perform work on more than one
occasion during the night. Such payment is additional to the sleepover
allowance.
45.3 On Call
45.3.1 An employee required to be On C~ll will receive $30 for being On Call on
a Tuesday, Wednesday or Thursday and $50 for being On Call on all
other days and Public Holidays.
45.4 Shift work- loadings
45.4.1 For other than the situations described in 45.5 and 45.6, for
ordinary work performed after 7.00pm and before 6.00am, a 20% shift
allowance applies for the hours worked, except where workers have
worked a shift which commenced at midnight or before, in which case
the sh,!J!:.~Jio\,"'ance will app)y until th,,;:; completion of their shift, this
includ~ ~~e~p;;),~rrc,,shf:t't~· Clf~ual wQ'[!er~ y-ri!J,Gr,cetye tiP:.!r,,pa~~ ~J,lY,f~Y
rate, pftl~ a 20~ CIJS~a.l,lo~l:lmg, p1U$'f 2QP/ci)shrft loadln:g. ,~J!:h loadmgs
are applied ttb the .. J:i!lie #ate, apd dd\oO.tctompound 'i'fi cal~;u'fatlqnlk ..
45.4.2 ordinary work performed on a weekend between 9.00 pm Friday and
6.00am on a Monday a 50% shift allowance will apply, except where
those hours attract overtime rates as per Clause 43. Where overtime
rates apply shift allowance will not also apply. When a worker has
commenced at midnight on Sunday or before, the shift allowance will
apply until the completion of their shift, this includes sleepover shifts.
Casual workers will receive their base hourly rate, plus a 20% casual
lo!ding, plus~ 50% sh11't loading. 6oth loadings are applied to the base
rate, and do not compound in calculation.
No other shift allowance applies
45.4.3 For all work performed during Youth Activity Sleep out Camps,
Community Centre or similar sleep out Camps see Clause 46.
45.4.4 For all work performed on a public holidays see Clause 34 (Public
Holidays). No other shift allowance applies.
45.4.7 Shift allowance will only be paid for days where these shifts are actually
worked.
45.8 Rosters
45.8.1 Where a roster system applies, the ordinary hours of work for each
employee will be displayed on a roster in a place conveniently accessible
··~·";;;;;:;;;:;:;-;-;;;;:;~;:;;;-;:-;;---;;-;;:;:-;;:::::::::;-:;;;-;-:;-:;-;;------------=~---;:;---Tangentyere Council Enterprise Agreement 2013-16 Page 38 of 47
45.1 Sleepover 45.1.1 Where an employer requires an employee to sleepover on the employer's premises between the employee's normal rostered hours of duty whilst performing a split shift, the employee will be entitled to an allowance of $40.09 in lieu of any other payment. 45.1.2 Any work necessarily performed by the employee during his or her sleepover, will attract penalty rates as provided for in the current certified agreement as long as a minimum payment of one hour is made to an employee who is required to perform work on more than one occasion during the night. Such payment is additional to the sleepover allowance. 45.3 On Call 45.3.1 An employee required to be On Call will receive $30 for being On Call on a Tuesday, Wednesday or Thursday and $50 for being On Call on all other days and Public Holidays 45.4 Shift work - Loadings 45.4.1 For other than the situations described in 45.5 and 45.6, for ordinary work performed after 7.00pm and before 6.00am, a 20% shift allowance applies for the hours worked, except where workers have worked a shift which commenced at midnight or before, in which case the shift allowance will apply until the completion of their shift, this includes sleepover shifts. Casual workers will receive their base hourly rate, plus a 20% casual loading, plus a 20% shift loading. Both loadings are applied to the base rate, and do not compound in calculation." 45.4.2 ordinary work performed on a weekend between 9.00 pm Friday and 6.00am on a Monday a 50% shift allowance will apply, except where those hours attract overtime rates as per Clause 43. Where overtime rates apply shift allowance will not also apply. When a worker has commenced at midnight on Sunday or before, the shift allowance will apply until the completion of their shift, this includes sleepover shifts. Casual workers will receive their base hourly rate, plus a 20% casual loading, plus a 50% shift loading. Both loadings are applied to the base rate, and do not compound in calculation. No other shift allowance applies 45.4.3 For all work performed during Youth Activity Sleep out Camps, Community Centre or similar sleep out Camps see Clause 46. 45.4.4 For all work performed on a public holidays see Clause 34 (Public Holidays). No other shift allowance applies. 45.4.7 Shift allowance will only be paid for days where these shifts are actually worked. 45.8 Rosters 45.8.1 Where a roster system applies, the ordinary hours of work for each employee will be displayed on a roster in a place conveniently accessible - Tangentyere Council Enterprise Agreement 2013-16 Page 38 of 47
to employees at least seven days before the commencement of the
roster.
45.8.2 A roster may be altered by agreement between the parties to enable the
service of the organisation to be carried on In an emergency or when
another employee is absent from duty.
45.8.3 Where a roster system applies, every employee will be entitled to two
consecutive days off duty unless varied by mutual agreement.
45.9 Night shift
45.9.1 Except in cases of emergency, at least one week's notice will be given to
an employee going on night duty.
45,9.2 An employee changing from night duty to day duty or from day duty to
night duty will be free from duty during the ten hours immediately
preceding the commencement of the changed duty. Altern;;te
arrangements may need to be made for employees on Patrol duties.
46 SLEEPOUT CAMPS
From time to time Tangentyere Council may ask staff to participate in
sleep out camps for two or more nights with a requirement to provide
duty-of-care to client participants on a 24 hour basis. Tangentyere
Council recognises that this places a considerable work load on staff,
and seeks to provide proper remuneration for employees participating in
camps. As such this requires a new category of payment, because such
a situation has not been adequately ~ddressed in previous Agreements.
,::::'/''''''-'·:':\: ... · ... :~· '•" ....... ·. ':" ··.! •' /',~; ,i'': ', " " :' ,' ·. ' ' ', )
Whilsdrt:~ff \o/iil?jnave ~~o':'Pn~oing duty ~fciJr~'thr-ot!~ h~l!(f~J;! ~a~P,~;
they Vl(iJI not::ib~::el\lllel;:!:~~ .t!iibl!1 on ;a'it;!:iV.!E!.du~Y for aiYhwafir;ig@ ttpvi'$ of the
camps. Tangentyere will staff'all such camps at a ratio of 1-1.5 times
the number of staff required to manage normal circumstances
associated with the running of a camp. Under normal circumstances,
staff can be expected to be flexibly 'off duty' for one third of the waking
hours (6am to lOpm) of camp participants, on duty for 10 hours 40
minutes, but be available when extra assistance is required, and
reasonably share in being 'on call' for sleep time emergencies.
46.1 Payment of wages and Camp Sleepout Allowance.
For the days of work which are preceded llld followed by sleeping out,
staff will be paid a normal wage of 7.5 hours, plus a single Camp
Sleepout allowance equivalent to 5 hours and 40 minutes at the normal
rate of pay. No other allowance will apply. The first 37.5 hours only
worked in any week will be considered 'hours worked' for the calculation
of leave accruals or other entitlements of service. Additional hours will
not be counted for the purposes of calculating leave accruals or other
entitlements of service. Hours worked on a day where Camp Sleepout
Allowance is paid will not contribute to a weekly tally for the purposes of
calculating overtime entitlements. Travel allowance does not apply,
however Tangentyere Council will provide meals, sleeping and camping
equipment.
46.2 For the day preceding the first sleep out, and the day following the last
night of campout, Camp Sleepout Allowance will not apply, and all
wages and entitlements will be calculated in accordance with the rest of
this agreement
47. WORKPLACE HEALTH AND SAFETY
Tangentyere Council Enterprise Agreement 2013-16 Pag~ 39 of 47
to employees at least seven days before the commencement of the roster. 45.8.2 A roster may be altered by agreement between the parties to enable the service of the organisation to be carried on In an emergency or when another employee is absent from duty. 45.8.3 Where a roster system applies, every employee will be entitled to two consecutive days off duty unless varied by mutual agreement. 45.9 Night shift 45.9.1 Except in cases of emergency, at least one week's notice will be given to an employee going on night duty. 45.9.2 An employee changing from night duty to day duty or from day duty to night duty will be free from duty during the ten hours immediately preceding the commencement of the changed duty. Alternate arrangements may need to be made for employees on Patrol duties. 46 SLEEPOUT CAMPS From time to time Tangentyere Council may ask staff to participate in sleep out camps for two or more nights with a requirement to provide duty-of-care to client participants on a 24 hour basis. Tangentyere Council recognises that this places a considerable work load on staff, and seeks to provide proper remuneration for employees participating in camps. As such this requires a new category of payment, because such a situation has not been adequately addressed in previous Agreements. Whilst staff will have an ongoing duty of care throughout the camps, they will not be expected to be on active duty for all waking hours of the camps. Tangentyere will staff all such camps at a ratio of 1-1.5 times the number of staff required to manage normal circumstances associated with the running of a camp. Under normal circumstances, staff can be expected to be flexibly 'off duty' for one third of the waking hours (6am to 10pm) of camp participants, on duty for 10 hours 40 minutes, but be available when extra assistance is required, and reasonably share in being 'on call' for sleep time emergencies. 46.1 Payment of wages and Camp Sleepout Allowance. For the days of work which are preceded and followed by sleeping out, staff will be paid a normal wage of 7.5 hours, plus a single Camp Sleepout allowance equivalent to 5 hours and 40 minutes at the normal rate of pay. No other allowance will apply. The first 37.5 hours only worked in any week will be considered 'hours worked' for the calculation of leave accruals or other entitlements of service. Additional hours will not be counted for the purposes of calculating leave accruals or other entitlements of service. Hours worked on a day where Camp Sleepout Allowance is paid will not contribute to a weekly tally for the purposes of calculating overtime entitlements. Travel allowance does not apply, however Tangentyere Council will provide meals, sleeping and camping equipment. 46.2 For the day preceding the first sleep out, and the day following the last night of campout, Camp Sleepout Allowance will not apply, and all wages and entitlements will be calculated in accordance with the rest of this agreement 47. WORKPLACE HEALTH AND SAFETY Tangentyere Council Enterprise Agreement 2013-16 Page 39 of 47
47.1.1 Nothing written into this clause relieves the Council or any employee
from Workplace Health & Safety obligations such as may be outlined in
relevant commonwealth or Territory legislation or regulations.
47.1.2 Employees have an obligation and responsibility to obey all lawful
instructions relating to occupational health, and to wear, use and
maintain any appropriate safety clothes and equipment which is
provided.
47.1.3 All employees will upon the commencement of their employment be
provided with appropriate training in all aspects of the work that they
may be called upon to perform, including any potential dangers or
hazards associated with that work.
47 .1.4 Health and safety training is the responsibility of the Council, but need
not be conducted by the Council, Such training may be on the job, but
must be provided on a timely basis in order to avoid injury through lack
of knowledge or inform;:~tion.
47 .1.5 Where it is necessary or desirable for particular protective clothing or
equipment to be worn or used, the Council will provide it.
47.2 Tools to Be Supplied
47.2.1 The Council shall supply and/or provide all necessary tools and
equiplllef]t required for the.,carrying qpt of the job. such tools and
equipn:).e?t ~,~a,~ 1!!i\ma.!t~d.th~ pro pert;~ ofJ~e ~9~ncij.ar:19 ~~}~.18JacM. by
the emlpl'(!lye¢ ~r;; o~t o.r . ~pn}aged throu,~h ·~he employ~·~ n~g !ge~ce,
providM th~~.X!lil!iPFiJ?.l\\l .. f.~£il.(~ies 1.1#~ l'lJI,Ide/:i\lvailablj;!' b'i\.~he Ci9u~!;,il for
the safe keeping of equipment.
47.2.2 Random drug testing
The Council reserves the right to conduct random drug testing to ensure
that employees are working in accordance with the workplace health and
safety policy of the Council.
48. AMENITIES
The Council will provide:
a. boiling water
b. cool drinking water
c. refrigerator at a place reasonably accessible to all employees
d. toilet facilities
e. washing facilities
f. suitable first aid kits which are maintained by the Council
g. lunch room
Tangentyere Council Enterprise Agreement 2013·16 Page 40 of 47
47.1.1 Nothing written into this clause relieves the Council or any employee from Workplace Health & Safety obligations such as may be outlined in relevant Commonwealth or Territory legislation or regulations. 47.1.2 Employees have an obligation and responsibility to obey all lawful instructions relating to occupational health, and to wear, use and maintain any appropriate safety clothes and equipment which is provided. 47.1.3 All employees will upon the commencement of their employment be provided with appropriate training in all aspects of the work that they may be called upon to perform, including any potential dangers or hazards associated with that work. 47.1.4 Health and safety training is the responsibility of the Council, but need not be conducted by the Council, Such training may be on the job, but must be provided on a timely basis in order to avoid injury through lack of knowledge or information. 47.1.5 Where it is necessary or desirable for particular protective clothing or equipment to be worn or used, the Council will provide it. 47.2 Tools to Be Supplied 47.2.1 The Council shall supply and/or provide all necessary tools and equipment required for the carrying out of the job. Such tools and equipment shall remain the property of the Council and be replaced by the employee if lost or damaged through the employee's negligence, provided that reasonable facilities are made available by the Council for the safe keeping of equipment. 47.2.2 Random drug testing The Council reserves the right to conduct random drug testing to ensure that employees are working in accordance with the workplace health and safety policy of the Council. 48. AMENITIES The Council will provide: a. boiling water b. cool drinking water c. refrigerator at a place reasonably accessible to all employees d. toilet facilities e. washing facilities f. suitable first aid kits which are maintained by the Council , lunch room Tangentyere Council Enterprise Agreement 2013-16 - Page 40 of 47
Authority to sfgn
/2014
49 SIGNATORIES TANGENTYERE COUNCIL Employer ............. /1 3 /2014 Name: SHAYE JORDAN Address. 4 ELDER ST ALICE SPRINGS, AT, 0870 Authority to sign United Voice Union 16/3 /2014 CRINA Name ************* EARLY Address Authority to sign ..... Tangentyere Council Enterprise Agreement 2013-16 Page 41 of 47
APPENDIX 1 -RATES OF PAY
(SUBJECT TO STANDARDS)
Below are the rates of pay that apply from the commencement of the Agreement.
These ratfls, inclusive of District Allowance, will increase by the following amounts:
3% from August 16, 2013
3"/o from ,\\ugust 15, 2014
3% from August 15, 2015
The employer will monitor rates of pay and conditions of employment to ensure
that they do not fall behind those specified by the Social and Community Services
Award
Level Per Annum Level Per Annum
l.l $38,665 5.1 $57,56'1
1.2 $39520 5.2 $58590
1.3 $40354 5.3 $60,352
1.4 $41458
6.1 $152,112
2.1 $42,130 6.2 $63,872
2.2 $42,915 6.3 $65,750
2.3 $43687 6.4 $67,838
2.4 $44,472 6.5 $69,5415
2.5 $45,246
7.1 $71,255
-:.j· 7/2 $74,314
3.1 ::$46f'il09-"'"'·! ·03 \i:
\·! $7;7,J.47(.
3.2
,, '."• 1,: ,,\' '•
1$46 9fi4·· ,:. ?·'* :~.~ 'lf:.b-9)#; 78($ ~·:··~ •;.' ' ·' ,' •i/'.' ,:·
3.3 "'$47;966 !
\\ ·~:;,', ?':5' .. · ~82)ti
3.4 $48,938
3.5 $49,906 8.1 $92,181
8.2 $95,740
4.1 $51,092
4.2 $52,040 EM $103,275
4.3 $53,000 ES 1 $119,885
4.4 $54,961 ES2 $130,272
Tongentyere Council Entetpri·s;;;er;A;;;gr:;;:ee;;;m;;;e;;;n;-t 2;;;0;:;1,.3--:;1;;6 ------------;::Pa::-:9-:e-:4::-2-:-of;:-4;::7:-----
APPENDIX 1 -RATES OF PAY (SUBJECT TO STANDARDS) Below are the rates of pay that apply from the commencement of the Agreement. These rates, inclusive of District Allowance, will increase by the following amounts: 3% from August 16, 2013 3% from August 15, 2014 3% from August 15, 2015 The employer will monitor rates of pay and conditions of employment to ensure that they do not fall behind those specified by the Social and Community Services Award Level Per Annum Level Per Annum 1.1 $38,665 5.1 1.2 $39520 $57,564 5.2 1.3 $58590 $40354 5.3 1.4 $41458 $60,352 6.1 $62,112 2.1 $42,130 6.2 2.2 $63,872 $42,915 6.3 2.3 $65,750 $43687 6.4 2.4 2.5 $44,472 6.5 $67,838 $69,546 $45,246 7,1 $71,255 7.2 3,1 $74,314 3.2 *$77,147 ;. $79,978 te 3.3 $47,966 $82,811 3.4 $48,938 3.5 $49,906 8.1 8.2 $92,181 4.1 $51,092 $95,740 4.2 $52,040 EM $103,275 4.3 $53,000 ES 1 $119,885 4.4 $54,961 ES2 $130,272 Tangentyere Council Enterprise Agreement 2013-16 Page 42 of 47
APPENDIX 2 - O.ASSIFICATION STRUCTURE
Level I Characteristics of Grade Organisational
Relationships
1 I Work under -close direction~ and undertake Instruction and
assistance .readily
available to staff at this
level, Work under direct
supervision
2
3
4
routine activities which require basic skills
and tedn1iques. Responsible for time
managernen t of their work. Positions will
involve substantial internal or eA'ternal
training.
Undertake a range of activities I'e:fuiring the
application of acquired skills and
knowledge. Tasks are generally restricted to
established roufu1es and procedures with
limited requirement to take initiative, May
he responsible for rrcinor functions and may
contribute specific skills.
\~lorks under general direction iu the
Works under regular
supervision. Assistance
readily avai[a ble.
Provide guidance to a
linlited number- of lower
classified workers or
volunteers
Jearn member.
apphcation of procedures, methods and May have supervisor:v
guide-lines which are well established. __ re~p_onslbilities
Involves solving problems of limited -~~:
7 A.§-stitance reguJarly
difficulty using knowledge, judgement and / J!Vaii'?bfe'/~" ~~ ~ ~ "~
work organisational skills acquired through -; Pr~Qe~ as~.s-~D~ tO
quaJillcations or significant pre;liou:s work -seni}}t emptByees-. ,,_, ___ ~~
experience. Those with supervisory Work under general
experience should have basic knowledge of
human re-source manruzement p:rincioles.
Undertakes functions that require the
application of skills and knowledge gained
through qualifications and/ or previous
experience in a discipline. !\.fay be required
to provide specialist e-xpertise. May be
required to set outcomes and further
develop work methods where general
procedures require rnore defmition.
E;xercises a soun-d knowledge- of
organisation policies 1 including in the
implementation of supervismy duties.
Freedom to act covered by dear guidelines
and objeet:!'Y_~§_._
supenhsion.
Works under general
direction
Supervises other staff in a
specialised field
Assistance available when
required.
Tange-ntyer-e Council Enterpris-e Agreement 2013-16
Responsibilities
Pro'V"':ide routine and stralght
fornrard opeTations
Assist senior employees 'vith
s pecilic tasks
Operate~ and be conversant with
the use of particular equipment
Exercise sound judgmer.1t~
confldentiality and sensitivity in
the performance of wo:rk
Undertake responsibilily for
various activities in a spec:ialised
ar~_,, and may have freedom to
acf:Vitithin defined guidelines.
~~ Cf·c6&mnate: ~~
coQlJl!llniib i')ased
ptiignifi{'Pt1ficient i
operations of particular
equipment with the capacity to
~others.
Exercise skills in managjng time_,
setting -priorities, planning and
organising work fo:r self and tower
ranked employees. ldentification
of desired work or perfonTlance
outcomes. Provide adrnini&trative
support to a complex level,
and/ or computer operations
requiring s.ignificant technical
expertise. Provide speclalist /
te--ehnical advice.
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APPENDIX 2 - CLASSIFICATION STRUCTURE Level | Characteristics of Grade Organisational Responsibilities Relationships 1 Work under close direction, and undertake Instruction and Provide routine and straight routine activities which require basic skills assistance readily forward operations and techniques. Responsible for time available to staff at this management of their work. Positions will level. Work under direct involve substantial internal or external supervision 2 training. Undertake a range of activities requiring the Works under regular Assist senior employees with application of acquired skills and supervision. Assistance specific tasks knowledge. Tasks are generally restricted to readily available. established routines and procedures with Provide guidance to a Operate, and be conversant with the use of particular equipment limited requirement to take initiative. May limited number of lower Exercise sound judgment, be responsible for minor functions and may classified workers or confidentiality and sensitivity in contribute specific skills. volunteers the performance of work 3 Works under general direction in the Team member. Undertake responsibility for application of procedures, methods and May have supervisory various activities in a specialised guidelines which are well established. responsibilities. Involves solving problems of limited Assistance regularly area,and may have freedom to act within defined guidelines. difficulty using knowledge, judgement and available ₹ Plan and coordinate basico work organisational skills acquired through Provides assistance to community based project or qualifications or significant previous work "senfor employees. program. Proficient in the experience. Those with supervisory Work under general operations of particular experience should have basic knowledge of supervision. equipment with the capacity to human resource management principles. supervise use by others. 4 Undertakes functions that require the Works under general Exercise skills in managing time, application of skills and knowledge gained direction through qualifications and/ or previous Supervises other staff in a setting priorities, planning and organising work for self and lower experience in a discipline. May be required specialised field ranked employees. Identification to provide specialist expertise. May be Assistance available when of desired work or performance required to set outcomes and further required. outcomes. Provide administrative develop work methods where general support to a complex level, procedures require more definition. and/or computer operations Exercises a sound knowledge of requiring significant technical organisation policies, including in the expertise. Provide specialist / implementation of supervisory duties. technical advice. Freedom to act covered by clear guidelines and objectives. Tangentyere Council Enterprise Agreement 2013-16 Page 43 of 47
I
5
6
Undertakes a range of functions requiring Work under general
the application of a high level of knowledge direction from senior
and skills tn achieve the results in line with employee-S.
the organisation's goals. Work may span
more than vne discipline-. Requires Supervises and sets work
knowledge and ex per tis e from qualifications flows and priorities for a
and significant work history including at a s.tnall to rnedium s[zed
supe!Visory lev€!. Undertake responsibility group of workers
for rnoderately comple.x projects. Implement
and monitor the full range of applicable Monitors and responds to
organisational policies and procedures. performance oflCf!..ver
E;xhibits a high level of interpersonal skill in ranked employees
dealing with customers~ other workers~
members of the public and other
organisatiotls.
Contribute to management of the \~lork under limited
organisation, assist Vlith,_ or prepare direction from senior
budget8. Take control and coordination of a_ employees or
prcgraru. Scope to influence operational ~~~tt-nagement.
activities of the organisation, and be ,:- ~, -~-----, ,-_::- -~''""- _-?·,--",
involved in developing procedures which ~~_~xer~is-~-a. 4l:s~~:Pf
im-pe.cton the organisation. Requires h~h au~iJoffly _} __ ,_" t
level of time managementskitls, and the - - -
interpersonal skills required to resolve
issues, negotiate contracts) develop and
motivate staff. C-omprehensive
understanding of organisation policy·, and
sound human resource practice.s are
required.
Prerequisite -qualifications are Associate
Diploma (or better) with substantial
experience; or work /life skil[s and
e._"!{perien ce providing expertise and
competence to a similar standard.
Exercise authority in
managjng perfonnance of
~ taff within work area.
May negotiate matters on
behalf of the organisation
Tangent'(ere Cound~ Enterprise Agreement 2013-16
Required. to -exercise initiative and
judgement where- practices are
not clearly dermed. Involvement
in developing workplace practice~
policy and procedures. Develop~
plan and supervise program
activities of a mod.a-ateJy complex
nature. Research solutions tD
prob[err1s. Set work flmvs and
procedures within a small team.
Understand and monitor full
range of information flows v;:rithin
applicable work area. Exercise
professional judgement4
Cndertake publici!J'~ assignments.
Undertake Dlanagerial or
specialised functions under a
wide range of conditions to
achi~e desired results,
::~~~,~~~~ecl~:r~~=::)_
N~p&.t?Sbn:,Patters l!f 't,,, , ,,
Slgnificance within and without
the organisation. Provide support
to a range of activlties and
programs.
Provide expert advice relevant to
the area.
Page 44 of 47
:
5 Undertakes a range of functions requiring Work under general Required to exercise initiative and the application of a high level of knowledge direction from senior judgement where practices are and skills to achieve the results in line with not clearly defined. Involvement the organisation's goals. Work may span employees. more than one discipline. Requires in developing workplace practice, Supervises and sets work flows and priorities for a policy and procedures. Develop, knowledge and expertise from qualifications plan and supervise program and significant work history including at a small to medium sized activities of a moderately complex supervisory level. Undertake responsibility group of workers nature. Research solutions to for moderately complex projects. Implement problems. Set work flows and and monitor the full range of applicable Monitors and responds to procedures within a small team. organisational policies and procedures. performance of lower Understand and monitor full Exhibits a high level of interpersonal skill in ranked employees range of information flows within dealing with customers, other workers, applicable work area. Exercise members of the public and other professional judgement. organisations. Undertake publicity assignments. 6 Contribute to management of the Work under limited Undertake managerial or organisation, assist with, or prepare direction from senior specialised functions under a budgets. Take control and coordination of a. employees or wide range of conditions to program. Scope to influence operational management. achieve desired results. activities of the organisation, and be Exercise a degree of Provide advice on complex involved in developing procedures which matters within the work area. impact on the organisation. Requires high autonomy Negotiate on matters of level of time management skills, and the significance within and without interpersonal skills required to resolve Exercise authority in the organisation. Provide support issues, negotiate contracts, develop and managing performance of to a range of activities and motivate staff. Comprehensive staff within work area. programs. understanding of organisation policy, and Provide expert advice relevant to sound human resource practices are May negotiate matters on the area. required. behalf of the organisation Prerequisite qualifications are Associate Diploma (or better) with substantial experience; or work / life skills and experience providing expertise and competence to a similar standard. Tangentyere Council Enterprise Agreement: 2013-16 Page 44 of 47
17
I
1
I
I
g
Exercise managerial res_pons1bilit;y for
various functions within a section. or
operate as a profession8-l specialist. Will be
involved in establishing operational
procedures , and required to provide
-assistance :o other employees. Provide
expet·t advioe to other sections of the
organisatio:1.. Manage staff. Den1onstrates
a good understanding of the long tenn goals
and objectives of the organisation~ and
for-mulates direction and decision making
from understanding of policy and strategic
aims, Qualifications similar to Leve16, but
demonstrates .superior awlication of skills
and discipline knowledge to management of
the v..'Oiic area. This position may be a
progression from Level6, to 1::e reached after
demonstrating superior ability to manage all
components of a Level 6 position,
Bxercises rrtanagerial responsibility far the
organisation~s relevant division. VJill be
l.nvolved in the initiation and formulation of
extensive projects or programs that impact
on the orgarllsation'sgoals and objectives. -. .c
[nvolved in the identification of current and
future options and the developn1ent of
.strategies to achieve desired outcomes.
Qualifications sinrilar to Level 7, but
demonstrat..c.s superior knCfiATledge of
systems management.!' and the capadt;y to
make detailed critica~ analysis of ali
operations particular to the divislon.
Tangentyere. Council Enterprise Agreement 2013-16
Operates under limited
direction.
Significant delegated
authority
Exercise authority in
managing performance of
staff within work area.
May negotiate matters on
behalf of the organisation
J=':rovides financial_. .·'
,--t~~hAical~ specialised~-
'~:1~1:\~~&clan
politY nl'attits''and, ,;,, ,
procedures within the
o-rganisation and about,
or to external
organisations.
May negotiate compiex
matters with significance
for future planning on
behalf of the organisation.
Significant responsibility for
decision making
Manage the con1plete range of
administrative functions and
corn.rnunication lines relevant to
the work area{s)
Prepare complex budget and
proj-ect subn1issions, in line v;Ji.th
ability to plan and implement
projects.
May involve comp[ex professional
problem solving
B~)·esponsibility for decision
;"~~j!l;"~uft :~.ra'??e/f. I ..
::ttlaili:m:,':;f~a~ f··,:·
strategic plans,. goals and
assessment activities in
accordance with organisation's
SITategic Plan(sJ
Ensure perfDrmance
n1anagement, occupational health
.:~.nd .safe1;y and risk management
syst€ms are in place throughout
the division.
Be acc..ountable tOr legal
compliance of systems operating
\Vithin the division
Provide an th orit}' for the release
of documents and. inforrr1ation
relating to the. division in
accordanee with organisational
policies.
Page 45 of 47
7 Exercise managerial responsibility for Operates under limited Significant responsibility for various furactions within a section, or direction. decision making operate as a professional specialist. Will be involved in establishing operational Significant delegated Manage the complete range of procedures, and required to provide authority administrative functions and assistance :o other employees. Provide communication lines relevant to expert advice to other sections of the Exercise authority in the work area(s) organisation. Manage staff. Demonstrates managing performance of a good understanding of the long term goals staff within work area. Prepare complex budget and and objectives of the organisation, and formulates direction and decision making project submissions, in line with May negotiate matters on from understanding of policy and strategic ability to plan and implement behalf of the organisation aims. Qualifications similar to Level 6, but. projects. demonstrates superior application of skills May involve complex professional and discipline knowledge to management of problem solving the work area. This position may be a progression from Level 6, to be reached after demonstra ting superior ability to manage all components of a Level 6 position. B Exercises managerial responsibility for the Provides financial, Bear responsibility for decision organisation's relevant division. Will be technical, specialised making made at the range of involved in the initiation and formulation of professional and levels within the division. extensive projects or programs that impact administrative advice on on the organisation's goals and objectives. policy matters and Develop and maintain relevant Involved in the identification of current and procedures within the strategic plans, goals and future options and the development of organisation and about, assessment activities in strategies to achieve desired outcomes. or to external accordance with organisation's organisations. Strategic Plan(s) Qualifications similar to Level 7, but demonstrates superior knowledge of May negotiate complex Ensure performance systems management, and the capacity to matters with significance management, occupational health make detailed critical analysis of all for future planning on and safety and risk management operations particular to the division. behalf of the organisation. systems are in place throughout the division. Be accountable for legal compliance of systems operating within the division Provide authority for the release of documents and information relating to the division in accordance with organisational policies. Tangentyere Council Enterprise Agreement 2013-16 Page 45 of 47
KM Similar to the characteristics of LevelS, Similar to Level 8 ~ Similar- to level 8, however
however skills and knowledge is sufficient to however demonstrates providing responsibili-cy- across
manage the suite of activities inherent to capacit;y to lead a group Mo or more divisions
I
multiple, di"Visions. of divisional rnar1ag~s
~Sl Similar to the characteristics of EM~ Similar to Level EM, Resp:.nsi'ole for thede\!"eiopment
hov..'ever the skills and knowleclge to manage however demonstrates and ongoing review and
the suite of activittes across the whole the leadership sldlls to assessment of strategic planning,
organisation. Capacity to make detailed effectively implemEtlt quality and compliance systems
criticism of most operations across tl1e qualitr operations across across the organisation~
organisation. the entire or:ganisatiDn. Provide authorities for a range Df
processes across. the entire
organisation.
ES2 Has advanced tactic-al understandings of Has authority (within Total responsibility far the
the organisa_tion and the political, scc.ia1, legislative constrai:1tsj organisation,
legal and admlnistrativ€ envirorunent in across the entire Provides effective leadership to all
which the organisation operates, organisation within staff, including the developn1e.nt
I of leadership teams and reference
' groups.
-o-,~,
Tangentyere Councit Er,te.rprise Agreement 2013-16 Page 46 of 47
EM Similar to the characteristics of Level 8, Similar to Level 8, Similar to level 8, however however skills and knowledge is sufficient to however demonstrates providing responsibility across manage the suite of activities inherent to capacity to lead a group two or more divisions multiple divisions. of divisional managers ES1 Similar to the characteristics of EM, Similar to Level EM, Responsible for the development however the skills and knowledge to manage however demonstrates and ongoing review and the suite of activities across the whole the leadership skills to assessment of strategic planning, organisation. Capacity to make detailed effectively implement quality and compliance systems criticism of most operations across the quality operations across across the organisation. organisation. the entire organisation. Provide authorities for a range of processes across the entire organisation. ES2 Has advanced tactical understandings of Has authority (within Total responsibility for the the organisation and the political, social, legislative constraints] organisation. legal and administrative environment in across the entire Provides effective leadership to all which the organisation operates. organisation within staff, including the development of leadership teams and reference groups. Final, for vote Tangentyere Council Enterprise Agreement 2013-16 Page 46 of 47
Tangentyere Council Enterprise Agreement 2013-16 Pilge 47 of 47
Final, for vote Tangentyere Council Enterprise Agreement 2013-16 Page 47 of 47
