Highgate Early Learning Centre Enterprise Agreement 2022
Search Document
Close...
1
Fair Work Act 2009
s.185—Enterprise agreement
Highgate Early Learning Centre Inc.
(AG2022/4323)
HIGHGATE EARLY LEARNING CENTRE ENTERPRISE
AGREEMENT 2022
Children’s services
DEPUTY PRESIDENT BEAUMONT PERTH, 27 OCTOBER 2022
Application for approval of the Highgate Early Learning Centre Enterprise Agreement 2022
[1] Highgate Early Learning Centre Inc. has made an application for the approval of a...
...
1
Fair Work Act 2009
s.185—Enterprise agreement
Early Learning Centre Inc.
(AG2022/4323)
HIGHGATE EARLY LEARNING CENTRE ENTERPRISE
AGREEMENT 2022
Children’s services
DEPUTY PRESIDENT BEAUMONT PERTH, 27 OCTOBER 2022
Application for approval of the Highgate Early Learning Centre Enterprise Agreement 2022
[1] Highgate Early Learning Centre Inc. has made an application for the approval of an
enter...
...t
Early Learning Centre Inc.
(AG2022/4323)
EARLY LEARNING CENTRE ENTERPRISE
AGREEMENT 2022
Children’s services
DEPUTY PRESIDENT BEAUMONT PERTH, 27 OCTOBER 2022
Application for approval of the Highgate Early Learning Centre Enterprise Agreement 2022
[1] Highgate Early Learning Centre Inc. has made an application for the approval of an
enterprise agreement known as the Highgate Early Learning Cent...
...EARNING CENTRE ENTERPRISE
AGREEMENT 2022
Children’s services
DEPUTY PRESIDENT BEAUMONT PERTH, 27 OCTOBER 2022
Application for approval of the Early Learning Centre Enterprise Agreement 2022
[1] Highgate Early Learning Centre Inc. has made an application for the approval of an
enterprise agreement known as the Highgate Early Learning Centre Enterprise Agreement
2022 (the Agreement). The applicatio...
...22
Application for approval of the Early Learning Centre Enterprise Agreement 2022
[1] Early Learning Centre Inc. has made an application for the approval of an
enterprise agreement known as the Highgate Early Learning Centre Enterprise Agreement
2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth)
(the Act). The Agreement is a single enterprise agreement.
[2...
...
[2022] FWCA 3789
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/4323
Applicant:
Highgate Early Learning Centre Inc.
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Highgate Early Learning Centre to give the following undertaking...
...Inc.
Section 185 - Application for approval of a single enterprise agreement
Undertaking - Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Highgate Early Learning Centre to give the following undertakings with respect to the
Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1 , the employer will ...
...
Undertaking - Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Early Learning Centre to give the following undertakings with respect to the
Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1 , the employer will observe any other day or part-day declared or
prescribed to be observed within a State...
...are provided on the basis ,of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
Signature
24/10/2022
Date
FWC Matter No .: AG2022/4323
Applicant: Highgate Early Learning Centre Inc.
24/10/2022 Date
Undertaking - Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Highgate Early Learning Centre to give...
... Matter No .: AG2022/4323
Applicant: Early Learning Centre Inc.
24/10/2022 Date
Undertaking - Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Highgate Early Learning Centre to give the following undertakings with respect to the Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1, the employer will obs...
...Date
Undertaking - Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Early Learning Centre to give the following undertakings with respect to the Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1, the employer will observe any other day or part-day declared or prescribed to be observed within a State or...
...
HIGHGATE EARLY LEARNING CENTRE
ENTERPRISE AGREEMENT 2022
HIGHGATE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2022
...
...
EARLY LEARNING CENTRE
ENTERPRISE AGREEMENT 2022
HIGHGATE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2022
...
...
Creese
Undertaking stamp
1. TITLE
This Agreement shall be known as the Highgate Early Learning Centre Enterprise Agreement
2022, hereafter referred to as "the Agreement".
2. ARRANGEMENT
Clause No. Subject Matter
1. Title
2. Arrangement
3. Application of the Agreement
4. Relationship to the Award
5. Period of operation
6. Modes of employment
7. Starting work
8. Probationary period ...
...Individual flexibility
23. Consultation regarding major workplace change
24. Dispute resolution procedure
25. Stand down
Signatures
Schedule One
1. TITLE This Agreement shall be known as the Highgate Early Learning Centre Enterprise Agreement 2022, hereafter referred to as "the Agreement". 2. ARRANGEMENT Clause No. Subject Matter 1. Title 2. Arrangement 3. Application of the Agreement 4. Relation...
...
3. APPLICATION OF THE AGREEMENT
This Agreement applies and is binding upon Highgate Early Learning Centre Inc. (hereafter
referred to as "HELC") and all HELC's employees who perform work under the classifications set
out in Schedule One of this Agreement.
4. RELATIONSHIP TO THE AWARD
This Agreement incorporates the Children's Services Award 2010 (hereafter referred to as the
Award), pro...
...ment where a new employee, other than a
relief, emergency, or replacement employee, is employed subject to this clause.
3. APPLICATION OF THE AGREEMENT This Agreement applies and is binding upon Highgate Early Learning Centre Inc. (hereafter referred to as "HELC") and all HELC's employees who perform work under the classifications set out in Schedule One of this Agreement. 4. RELATIONSHIP TO THE AWAR...
...
SIGNATURES
For Highgate Early Learning Centre
Signature: Date:
05/10/2022
Full name of signatory:
David Bain
Address of signatory:
3 Highgate Grove, Ashburton VIC 3147
Authority to sign on behalf of Highgate Early Learning
Centre
For the employees covered by this agreement
Signature:
Full name of signatory:
Address of signatory:
Authority to sign on behalf of employees cove...
...
SIGNATURES
For Early Learning Centre
Signature: Date:
05/10/2022
Full name of signatory:
David Bain
Address of signatory:
3 Highgate Grove, Ashburton VIC 3147
Authority to sign on behalf of Highgate Early Learning
Centre
For the employees covered by this agreement
Signature:
Full name of signatory:
Address of signatory:
Authority to sign on behalf of employees covered
by...
...
SIGNATURES
For Early Learning Centre
Signature: Date:
05/10/2022
Full name of signatory:
David Bain
Address of signatory:
3 Grove, Ashburton VIC 3147
Authority to sign on behalf of Highgate Early Learning
Centre
For the employees covered by this agreement
Signature:
Full name of signatory:
Address of signatory:
Authority to sign on behalf of employees covered
by this agree...
...f of employees covered
by this agreement:
President - Committee of Management
Date:
~c..,........., Lcc,ci\e r D1pl~(A_ Ed vcdc:,r
E ~ el ':r--"- C:io-'J tu.--, '.J f" p .
SIGNATURES For Highgate Early Learning Centre Signature: Date Bain Date: 05/10/2022 Full name of signatory: David Bain Address of signatory: 3 Highgate Grove, Ashburton VIC 3147 Authority to sign on behalf of Highgate Early...
...1pl~(A_ Ed vcdc:,r
E ~ el ':r--"- C:io-'J tu.--, '.J f" p .
SIGNATURES For Early Learning Centre Signature: Date Bain Date: 05/10/2022 Full name of signatory: David Bain Address of signatory: 3 Highgate Grove, Ashburton VIC 3147 Authority to sign on behalf of Highgate Early Learning Centre President - Committee of Management For the employees covered by this agreement 0 Signature: Date: 26/10/2022 F...
...p .
SIGNATURES For Early Learning Centre Signature: Date Bain Date: 05/10/2022 Full name of signatory: David Bain Address of signatory: 3 Grove, Ashburton VIC 3147 Authority to sign on behalf of Highgate Early Learning Centre President - Committee of Management For the employees covered by this agreement 0 Signature: Date: 26/10/2022 Full name of signatory: Elissa Jane Timbs Address of signatory: 3 H...
... Early Learning Centre President - Committee of Management For the employees covered by this agreement 0 Signature: Date: 26/10/2022 Full name of signatory: Elissa Jane Timbs Address of signatory: 3 Highgate Grove Ashburton 3147 Authority to sign on behalf of employees covered by this agreement: Team Leader Diploma Educdor Employee Bargaining Rep.
...
...
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/4323
Applicant:
Highgate Early Learning Centre Inc.
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Highgate Early Learning Centre to give the following undertakings with respect ...
...
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Highgate Early Learning Centre to give the following undertakings with respect to the
Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1, the employer wil...
...Undertaking – Section 190
I, David Bain, President of the Committee of Management have the authority given to me by
Early Learning Centre to give the following undertakings with respect to the
Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"):
1. In relation to 14.1, the employer will observe any other day or part-day declared or
prescribed to be observed within a St...
1 Fair Work Act 2009 s.185—Enterprise agreement Highgate Early Learning Centre Inc. (AG2022/4323) HIGHGATE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2022 Children’s services DEPUTY PRESIDENT BEAUMONT PERTH, 27 OCTOBER 2022 Application for approval of the Highgate Early Learning Centre Enterprise Agreement 2022 [1] Highgate Early Learning Centre Inc. has made an application for the approval of an enterprise agreement known as the Highgate Early Learning Centre Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement. [2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. [3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised. [4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met. [5] The Agreement was approved on 27 October 2022 and, in accordance with s 54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 27 October 2025. [2022] FWCA 3789 DECISION FairWork Commission * AUSTRALIA FairWork Commission[2022] FWCA 3789 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer AE517981 PR747308 WOP - -- SION -- eaus[2022] FWCA 3789 3 Annexure A IN THE FAIR WORK COMMISSION FWC Matter No.: AG2022/4323 Applicant: Highgate Early Learning Centre Inc. Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Highgate Early Learning Centre to give the following undertakings with respect to the Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"): 1. In relation to 14.1 , the employer will observe any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.1 15(b) of the Act. 2. In relation to 16.4.1 compassionate leave will be provided for stillbirth or miscarriage will be provided consistent with s.104(1 )(b) and (c) of the Act. 3. In relation to 16.4.2, the clause is amended to add the following words at the end ·and such proof being evidence which would satisfy a reasonable person". 4. In relation to clause 16.4.3 has no operation and will not be applied under the Agreement. These undertakings are provided on the basis ,of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 24/10/2022 Date FWC Matter No .: AG2022/4323 Applicant: Highgate Early Learning Centre Inc. 24/10/2022 Date Undertaking - Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Highgate Early Learning Centre to give the following undertakings with respect to the Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"): 1. In relation to 14.1, the employer will observe any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s. 115(b) of the Act. 2 In relation to 16.4.1 compassionate leave will be provided for stillbirth or miscarriage will be provided consistent with s. 104(1)(b) and (c) of the Act. 3. In relation to 16.4.2, the clause is amended to add the following words at the end "and such proof being evidence which would satisfy a reasonable person". 4. In relation to clause 16.4.3 has no operation and will not be applied under the Agreement. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.HIGHGATE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2022 HIGHGATE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2022Creese Undertaking stamp 1. TITLE This Agreement shall be known as the Highgate Early Learning Centre Enterprise Agreement 2022, hereafter referred to as "the Agreement". 2. ARRANGEMENT Clause No. Subject Matter 1. Title 2. Arrangement 3. Application of the Agreement 4. Relationship to the Award 5. Period of operation 6. Modes of employment 7. Starting work 8. Probationary period 9. Minimum rates of pay 10. Ordinary hours of work and rostering 11. Breaks and planning time 12. Shift work 13. Overtime 14. Public holidays 15. Allowances 16. Leave 17. Leave to attend examination 18. Professional development 19. Superannuation 20. Notice of termination 21. Redundancy 22. Individual flexibility 23. Consultation regarding major workplace change 24. Dispute resolution procedure 25. Stand down Signatures Schedule One 1. TITLE This Agreement shall be known as the Highgate Early Learning Centre Enterprise Agreement 2022, hereafter referred to as "the Agreement". 2. ARRANGEMENT Clause No. Subject Matter 1. Title 2. Arrangement 3. Application of the Agreement 4. Relationship to the Award 5. Period of operation 6. Modes of employment 7. Starting work 8. Probationary period 9. Minimum rates of pay 10. Ordinary hours of work and rostering 11. Breaks and planning time 12. Shift work 13. Overtime 14. Public holidays 15. Allowances 16. Leave 17. Leave to attend examination 18. Professional development 19. Superannuation 20. Notice of termination 21. Redundancy 22. Individual flexibility 23. Consultation regarding major workplace change 24. Dispute resolution procedure 25 Stand down Signatures Schedule One3. APPLICATION OF THE AGREEMENT This Agreement applies and is binding upon Highgate Early Learning Centre Inc. (hereafter referred to as "HELC") and all HELC's employees who perform work under the classifications set out in Schedule One of this Agreement. 4. RELATIONSHIP TO THE AWARD This Agreement incorporates the Children's Services Award 2010 (hereafter referred to as the Award), provided that, where there is any difference between the provisions of this Agreement and the provisions of the Award, this Agreement shall prevail to the extent of those differences. 5. PERIOD OF OPERATION The Agreement shall operate from 7 days after the date of approval by the Fair Work Commission and shall have a nominal expiry date of 3 years from the date that the Agreement was approved. 6. MODES OF EMPLOYEMENT Employees may be engaged as a full-time, part-time, or casual employee. 1.1. A full-time employee is one who is engaged to work an average of 38 hours per week. 1.2. A part-time employee is one who is engaged for less than 38 hours per week, has a reasonably predictable pattern of work, and receives the same entitlements as a full-time employee on a pro rata basis. All other aspects of engaging part-time employees shall be in accordance with clause 10.4 of the Award. 1.3. A casual employee is one who is engaged as such and has no firm advanced commitment to ongoing work. Casual employees receive a loading of 25% on their ordinary rate of pay in lieu of entitlement to paid leave, payment for public holidays not worked, notice of termination and redundancy payments. Casual employees also receive this loading on overtime rates A casual employee also has the right to request or be offered conversion to full or part-time employment in line with the National Employment Standards and the provisions of clause 10.6 of the Award. 7. STARTING WORK 7.1. When an employee starts work, HELC will provide the employee with a letter stating the type of employment the employee is to be engaged in, the employees classification, and rate of pay for the work performed. For permanent employees, the letter should specify the hours to be worked each day, the days of the week on which the employee shall work, and the actual starting and finishing times each day. If these hours are changed, it should occur by mutual agreement and be recorded in writing. 8. PROBATIONARY PERIOD 8.1. The probationary period is a period of employment where a new employee, other than a relief, emergency, or replacement employee, is employed subject to this clause. 3. APPLICATION OF THE AGREEMENT This Agreement applies and is binding upon Highgate Early Learning Centre Inc. (hereafter referred to as "HELC") and all HELC's employees who perform work under the classifications set out in Schedule One of this Agreement. 4. RELATIONSHIP TO THE AWARD This Agreement incorporates the Children's Services Award 2010 (hereafter referred to as the Award), provided that, where there is any difference between the provisions of this Agreement and the provisions of the Award, this Agreement shall prevail to the extent of those differences. 5. PERIOD OF OPERATION The Agreement shall operate from 7 days after the date of approval by the Fair Work Commission and shall have a nominal expiry date of 3 years from the date that the Agreement was approved. 6. MODES OF EMPLOYEMENT Employees may be engaged as a full-time, part-time, or casual employee. 1.1. A full-time employee is one who is engaged to work an average of 38 hours per week. 1.2. A part-time employee is one who is engaged for less than 38 hours per week, has a reasonably predictable pattern of work, and receives the same entitlements as a full-time employee on a pro rata basis. All other aspects of engaging part-time employees shall be in accordance with clause 10.4 of the Award. 1.3. A casual employee is one who is engaged as such and has no firm advanced commitment to ongoing work. Casual employees receive a loading of 25% on their ordinary rate of pay in lieu of entitlement to paid leave, payment for public holidays not worked, notice of termination and redundancy payments. Casual employees also receive this loading on overtime rates A casual employee also has the right to request or be offered conversion to full or part-time employment in line with the National Employment Standards and the provisions of clause 10.6 of the Award. 7. STARTING WORK 7.1. When an employee starts work, HELC will provide the employee with a letter stating the type of employment the employee is to be engaged in, the employees classification, and rate of pay for the work performed. For permanent employees, the letter should specify the hours to be worked each day, the days of the week on which the employee shall work, and the actual starting and finishing times each day. If these hours are changed, it should occur by mutual agreement and be recorded in writing. 8. PROBATIONARY PERIOD 8.1. The probationary period is a period of employment where a new employee, other than a relief, emergency, or replacement employee, is employed subject to this clause.8.2. The probationary period shall run for the first six (6) months of engagement during which the employee is required to demonstrate suitability for ongoing employment in the role in which they are engaged by HELC. 8.3. If during that period, the employee has failed to do so having been given all reasonable opportunity to succeed, HELC may terminate the Employee's services with the giving of one week's notice or payment in lieu thereof. 9. MINIMUM RATES OF PAY 9.1. Employees at HELC covered by the Agreement are entitled to a minimum rate of pay based on one of the levels contained in the classification structure outlined in Schedule One of this Agreement and in accordance with the employees' skills, responsibilities, qualifications, and duties. Where an employee believes she/he has been wrongly classified the matter shall be dealt with in accordance with the Dispute Resolution Procedure in clause 24. 9.2. Increases to the minimum rates of pay outlined in Schedule One shall be in accordance with the following table: July 1 2022 4.25% July 1 2023 ----~'3:§_ Jul't' 1 2024 3% 9.3. Higher Duties 9.3.1. An employee nominated as a "Responsible person" in the absence of the Director, Assistant Director & Team leaders, will be paid at the rate of a team leader (diploma level 4.4+1.5%) for every 15 minutes spent performing duties at that level. 9.4. Payment of wages 9.4.1. Employees at HELC receive their wages fortnightly via EFT into the employee's nominated bank account. 9.4.2. The payment will be made on the Tuesday following the end of the fortnight with payslips available the Friday prior to payment. Hard copies of payslips are available by request. 9.4.3. Where a payment is due to fall on a public holiday, the payment will instead be made on the business day prior to the public holiday. 10. ORDINARY HOURS OF WORK AND ROSTERING 10.1. Employees will be notified of the roster electronically and/or by display in the workplace at least 3 calendar days in advance. Changes to the published roster may be made by agreement between employees with management approval or agreement between an employee and management, at any time. 10.2. The ordinary hours of work for full-time employees shall be an average of 38 hours over a four-week period, worked between the hours of 6:30am - 6:30pm, arranged as 8.2. The probationary period shall run for the first six (6) months of engagement during which the employee is required to demonstrate suitability for ongoing employment in the role in which they are engaged by HELC. 8.3. If during that period, the employee has failed to do so having been given all reasonable opportunity to succeed, HELC may terminate the Employee's services with the giving of one week's notice or payment in lieu thereof. 9. MINIMUM RATES OF PAY 9.1. Employees at HELC covered by the Agreement are entitled to a minimum rate of pay based on one of the levels contained in the classification structure outlined in Schedule One of this Agreement and in accordance with the employees' skills, responsibilities, qualifications, and duties. Where an employee believes she/he has been wrongly classified the matter shall be dealt with in accordance with the Dispute Resolution Procedure in clause 24. 9.2. Increases to the minimum rates of pay outlined in Schedule One shall be in accordance with the following table: Date of July 1 2022 4.25% July 1 2023 3% July 1 2024 3% 9.3. Higher Duties 9.3.1. An employee nominated as a "Responsible person" in the absence of the Director, Assistant Director & Team leaders, will be paid at the rate of a team leader (diploma level 4.4+1.5%) for every 15 minutes spent performing duties at that level. 9.4. Payment of wages 9.4.1. Employees at HELC receive their wages fortnightly via EFT into the employee's nominated bank account. 9.4.2. The payment will be made on the Tuesday following the end of the fortnight with payslips available the Friday prior to payment. Hard copies of payslips are available by request. 9.4.3. Where a payment is due to fall on a public holiday, the payment will instead be made on the business day prior to the public holiday. 10. ORDINARY HOURS OF WORK AND ROSTERING 10.1. Employees will be notified of the roster electronically and/or by display in the workplace at least 3 calendar days in advance. Changes to the published roster may be made by agreement between employees with management approval or agreement between an employee and management, at any time 10.2. The ordinary hours of work for full-time employees shall be an average of 38 hours over a four-week period, worked between the hours of 6:30am - 6:30pm, arranged as19 days of 8 hours with .4 of an hour accruing every day for the purpose of taking a rostered day off on the 20th day. 10.3. Rostered days off {RDO's) 10.3.1. Employees who are entitled to an RDO are provided with a schedule outlining the RDO's over the next six months. At the completion of every six months a new schedule will be issued. 10.3.2. Employees covered by this Agreement will not be asked to work on any day prescribed to be an RDO, therefore there will be no "banking" of RDO's under this Agreement except as provided for in clause 10.3.5. 10.3.3. While no days will be substituted for RDO's under this Agreement, employees may instead swap RDO's by mutual agreement and subject to approval from management at HELC. 10.3.4. Where an RDO falls on a public holiday the RDO will instead be taken on the business day before or after the public holiday. 10.3.5. By agreement between the HELC and an individual employee, employees may instead choose to accrue their RDO falling on a Public Holiday and take it at another mutually agreed time before the end of the calendar year. 11. BREAKS AND PLANNING TIME 11.1. Breaks 11.1.1. Employees who work more than 7 hours in a shift will be entitled to an unpaid break of 1 hour, to be taken no more than 5 hours after the commencement of the shift, and a paid break of 20 minutes. 11.1.2. Employees who work more than 5 but less than 7 hours in a shift will be entitled to an unpaid break of 30 minutes, to be taken no more than 5 hours after the commencement of the shift, and a paid break of 10 minutes. 11.2. Planning time 11.2.1. An employee who is appointed as a Team Leader for a room by HELC and is responsible for the planning, implementation and/or evaluation of the planned program for the children in their room shall be entitled to 4 hours per week planning time. 11.2.2. Full-time and part-time room educators assigned to a Team Leader shall be granted 2 hours of planning time for the planning, implementation and/or evaluation of the planned program for the children in their room. Part-time educators accrue planning time on a pro-rata basis. 11.2.3. By agreement between HELC and a majority of affected employees the planning time for a room may be pooled and redistributed as necessary among staff in a room in order to meet the operational needs of HELC. 11.2.4. An employee appointed as an educational leader will receive Non-Contact time in accordance with clause 21.S(b) of the Award. 19 days of 8 hours with .4 of an hour accruing every day for the purpose of taking a rostered day off on the 20th day. 10.3. Rostered days off (RDO's) 10.3.1. Employees who are entitled to an RDO are provided with a schedule outlining the RDO's over the next six months. At the completion of every six months a new schedule will be issued. 10.3.2. Employees covered by this Agreement will not be asked to work on any day prescribed to be an RDO, therefore there will be no "banking" of RDO's under this Agreement except as provided for in clause 10.3.5. 10.3.3. While no days will be substituted for RDO's under this Agreement, employees may instead swap RDO's by mutual agreement and subject to approval from management at HELC. 10.3.4. Where an RDO falls on a public holiday the RDO will instead be taken on the business day before or after the public holiday. 10.3.5. By agreement between the HELC and an individual employee, employees may instead choose to accrue their RDO falling on a Public Holiday and take it at another mutually agreed time before the end of the calendar year. 11. BREAKS AND PLANNING TIME 11.1. Breaks 11.1.1. Employees who work more than 7 hours in a shift will be entitled to an unpaid break of 1 hour, to be taken no more than 5 hours after the commencement of the shift, and a paid break of 20 minutes. 11.1.2. Employees who work more than 5 but less than 7 hours in a shift will be entitled to an unpaid break of 30 minutes, to be taken no more than 5 hours after the commencement of the shift, and a paid break of 10 minutes. 11.2. Planning time 11.2.1. An employee who is appointed as a Team Leader for a room by HELC and is responsible for the planning, implementation and/or evaluation of the planned program for the children in their room shall be entitled to 4 hours per week planning time 11.2.2. Full-time and part-time room educators assigned to a Team Leader shall be granted 2 hours of planning time for the planning, implementation and/or evaluation of the planned program for the children in their room. Part-time educators accrue planning time on a pro-rata basis. 11.2.3. By agreement between HELC and a majority of affected employees the planning time for a room may be pooled and redistributed as necessary among staff in a room in order to meet the operational needs of HELC. 11.2.4. An employee appointed as an educational leader will receive Non-Contact time in accordance with clause 21.5(b) of the Award.12. SHIFTWORK 12.1. Shift work will be dealt with in accordance with clause 23.4 of the Award. 13. OVERTIME 13.1. All work performed outside of the ordinary hours prescribed in clause 10 of this Agreement shall be paid at the rate of 150% of an employee's ordinary rate of pay for the first 2 hours and 200% for every hour worked after thereafter until the completion of the overtime work. 13.2. Overtime on a Saturday 13.2.1. An employee who works overtime on a Saturday is entitled to payment at 150% of their ordinary rate of pay for the first two hours and 200% of their ordinary rate of pay for every hour after until work is completed. 13.2.2. An employee who works overtime on Saturday is entitled to a minimum payment of 4 hours at the relevant rate of pay where work that is covered by this Agreement is performed. 13.2.3. Occasionally, working bees are held on Saturdays to undertake basic property maintenance tasks on a volunteer basis. No employees are directed to attend for working bees and accordingly, the minimum payment for working bees is 2 hours rather than that prescribed at Clause 13.2.2 13.3. Overtime on a Sunday 13.3.1. An employee who works overtime on Sunday is entitled to payment at 200% of their ordinary rate of pay for all time worked. 13.3.2. An employee who works overtime on a Sunday is entitled to a minimum payment of 4 hours at the relevant rate of pay. 13.3.3. Occasionally, working bees are held on Sundays to undertake basic property maintenance tasks on a volunteer basis. No employees are directed to attend for working bees and accordingly, the minimum payment for working bees is 2 hours rather than that prescribed at Clause 13.3.2 13.4. Reasonable overtime 13.4.1. HELC may require an employee to work reasonable overtime taking into account the following factors: 13.4.1.1. any risk to health and safety from working the extra hours 13.4.1.2. the employee's personal situation, including their family responsibilities 13.4.1.3. the workplace's needs 13.4.1.4. if the employee is entitled to receive overtime payments or penalty rates for working the extra hours 13.4.1.5. if they are paid at a higher rate on the understanding that they work some overtime 13.4.1.6. if the employee was given enough notice that they may have to work overtime 13.4.1.7. if the employee has already stated they can't ever work overtime 13.4.1.8. the usual patterns of work in the industry 12. SHIFTWORK 12.1. Shift work will be dealt with in accordance with clause 23.4 of the Award. 13. OVERTIME 13.1. All work performed outside of the ordinary hours prescribed in clause 10 of this Agreement shall be paid at the rate of 150% of an employee's ordinary rate of pay for the first 2 hours and 200% for every hour worked after thereafter until the completion of the overtime work. 13.2. Overtime on a Saturday 13.2.1. An employee who works overtime on a Saturday is entitled to payment at 150% of their ordinary rate of pay for the first two hours and 200% of their ordinary rate of pay for every hour after until work is completed. 13.2.2. An employee who works overtime on Saturday is entitled to a minimum payment of 4 hours at the relevant rate of pay where work that is covered by this Agreement is performed. 13.2.3. Occasionally, working bees are held on Saturdays to undertake basic property maintenance tasks on a volunteer basis. No employees are directed to attend for working bees and accordingly, the minimum payment for working bees is 2 hours rather than that prescribed at Clause 13.2.2 13.3. Overtime on a Sunday 13.3.1. An employee who works overtime on Sunday is entitled to payment at 200% of their ordinary rate of pay for all time worked. 13.3.2. An employee who works overtime on a Sunday is entitled to a minimum payment of 4 hours at the relevant rate of pay. 13.3.3. Occasionally, working bees are held on Sundays to undertake basic property maintenance tasks on a volunteer basis. No employees are directed to attend for working bees and accordingly, the minimum payment for working bees is 2 hours rather than that prescribed at Clause 13.3.2 13.4. Reasonable overtime 13.4.1. HELC may require an employee to work reasonable overtime taking into account the following factors: 13.4.1.1. any risk to health and safety from working the extra hours 13.4.1.2. the employee's personal situation, including their family responsibilities 13.4.1.3. the workplace's needs 13.4.1.4. if the employee is entitled to receive overtime payments or penalty rates for working the extra hours 13.4.1.5. if they are paid at a higher rate on the understanding that they work some overtime 13.4.1.6. if the employee was given enough notice that they may have to work overtime 13.4.1.7. if the employee has already stated they can't ever work overtime 13.4.1.8. the usual patterns of work in the industry13.4.1.9. the employee's role and their level of responsibility 13.4.1.10. if the overtime hours are in accordance with what an applicable award or agreement says about hours of work being averaged over a specified time 13.4.1.11. any other relevant factors. 13.4.2. An employee may refuse to work overtime in the event that it is unreasonable according to one or more of the factors outlined above. 13.5. Breaks between shifts 13.5.1. Employees are entitled to a 10-hour break period between the end of one shift and the start of the next. 13.5.2. If an employee recommences work having had less than 10 hours break between the two shifts, they shall be entitled to payment at overtime rates until such time as a 10-hour break has been provided to the employee. 13.6. Time off in lieu of overtime payment 13.6.1. Despite anything written elsewhere in this Agreement, HELC and an employee may agree in writing to the employee taking time off in lieu of overtime payment in accordance with the following provisions: 13.6.1.1. The agreement must state the following: 13.6.1.1.1. the number of overtime hours to which the agreement applies and when those hours were worked; 13.6.1.1.2. That HELC and the employee agree that employee is to take time off instead of payment for overtime; 13.6.1.1.3. That, if the employee requests at any time, HELC must pay the employee, for overtime covered by the agreement but not yet taken as time off. Payment will be at the applicable overtime rate for when the work was performed and will be paid no later than the next pay period following the request. 13.6.1.2. The period of time off an employee may take is equal to the amount of overtime worked and will be paid at the employee's ordinary time rate. For example, if the employee works two hours of overtime, they would be entitled to two hours of time off paid at the ordinary rate of pay, not the overtime rate. 13.6.2. The time off must be taken as follows: 13.6.2.1. Within a period of 6 months after overtime occurred; and 13.6.2.2. At a time, or times, agreed by HELC and the employee within that 6-month period. 13.6.3. If time off for overtime that has been worked is not taken within the period of 6 months, HELC must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked. 13.4.1.9. the employee's role and their level of responsibility 13.4.1.10. if the overtime hours are in accordance with what an applicable award or agreement says about hours of work being averaged over a specified time 13.4.1.11. any other relevant factors. 13.4.2. An employee may refuse to work overtime in the event that it is unreasonable according to one or more of the factors outlined above. 13,5. Breaks between shifts 13.5.1. Employees are entitled to a 10-hour break period between the end of one shift and the start of the next. 13.5.2. If an employee recommences work having had less than 10 hours break between the two shifts, they shall be entitled to payment at overtime rates until such time as a 10-hour break has been provided to the employee. 13.6. Time off in lieu of overtime payment 13.6.1. Despite anything written elsewhere in this Agreement, HELC and an employee may agree in writing to the employee taking time off in lieu of overtime payment in accordance with the following provisions: 13.6.1.1. The agreement must state the following: 13.6.1.1.1. the number of overtime hours to which the agreement applies and when those hours were worked; 13.6.1.1.2. That HELC and the employee agree that employee is to take time off instead of payment for overtime; 13.6.1.1.3. That, if the employee requests at any time, HELC must pay the employee, for overtime covered by the agreement but not yet taken as time off. Payment will be at the applicable overtime rate for when the work was performed and will be paid no later than the next pay period following the request. 13.6.1.2. The period of time off an employee may take is equal to the amount of overtime worked and will be paid at the employee's ordinary time rate. For example, if the employee works two hours of overtime, they would be entitled to two hours of time off paid at the ordinary rate of pay, not the overtime rate. 13.6.2. The time off must be taken as follows: 13.6.2.1. Within a period of 6 months after overtime occurred; and 13.6.2.2. At a time, or times, agreed by HELC and the employee within that 6-month period. 13.6.3. If time off for overtime that has been worked is not taken within the period of 6 months, HELC must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.13.6.4. If on termination an employee's entitlement to time off in lieu of overtime payment has not been taken, HELC will pay the employee for the overtime at the applicable overtime rate for the time the work was performed. 13.6.5. In special circumstances, an employee may request in writing that the 6-month period be extended to up to and no more than 12 months and management shall not unreasonably withhold approval of the employee's request. In such circumstances, the agreed extended period shall apply in lieu of the 6-month period referred to in clauses 13.6.2 and 13.6.3. 14. PUBLIC HOLIDAYS 14.1. Employee's (other than casual employees) at HELC are entitled to public holidays in accordance with the National Employment Standards on the following days: • New Year's Day • Australia Day • Labour Day • Good Friday • Easter Saturday • Easter Sunday • Easter Monday • Anzac Day • Queen's Birthday • AFL Grand Final Eve • Melbourne Cup Day • Christmas Day • Boxing Day Or any other such day as is generally observed in a locality as a substitute day. For the purposes of this Agreement, where Christmas Day, Boxing Day, New Year's Day and Australia Day fall on a Saturday or a Sunday, the Substitute days will be as prescribed in the Victorian Government Gazette. 14.2. Where an employee's RDO falls on a public holiday it shall be dealt with in accordance with clause 10.3.4 of this Agreement. 15. ALLOWANCES 15.1. Protective clothing allowance 15.1.1. Where it is necessary for employees to wear any special or protective articles of clothing HELC will provide them to employees without cost, as such no allowance for protective clothing is payable under this Agreement. 15.2. Team Leader allowance 15.2.1. An employee who is nominated by HELC to lead a team of other employees in a room and is responsible for directing them in their work is entitled to an allowance of 1.5% of the employee's hourly rate. 15.3. Training costs 13.6.4. If on termination an employee's entitlement to time off in lieu of overtime payment has not been taken, HELC will pay the employee for the overtime at the applicable overtime rate for the time the work was performed. 13.6.5. In special circumstances, an employee may request in writing that the 6-month period be extended to up to and no more than 12 months and management shall not unreasonably withhold approval of the employee's request. In such circumstances, the agreed extended period shall apply in lieu of the 6-month period referred to in clauses 13.6.2 and 13.6.3. 14. PUBLIC HOLIDAYS 14.1. Employee's (other than casual employees) at HELC are entitled to public holidays in accordance with the National Employment Standards on the following days: New Year's Day Australia Day Labour Day Good Friday Easter Saturday Easter Sunday Easter Monday Anzac Day Queen's Birthday AFL Grand Final Eve Melbourne Cup Day Christmas Day Boxing Day Or any other such day as is generally observed in a locality as a substitute day. For the purposes of this Agreement, where Christmas Day, Boxing Day, New Year's Day and Australia Day fall on a Saturday or a Sunday, the Substitute days will be as prescribed in the Victorian Government Gazette. 14.2. Where an employee's RDO falls on a public holiday it shall be dealt with in accordance with clause 10.3.4 of this Agreement. 15. ALLOWANCES 15.1. Protective clothing allowance 15.1.1. Where it is necessary for employees to wear any special or protective articles of clothing HELC will provide them to employees without cost, as such no allowance for protective clothing is payable under this Agreement. 15.2. Team Leader allowance 15.2.1. An employee who is nominated by HELC to lead a team of other employees in a room and is responsible for directing them in their work is entitled to an allowance of 1.5% of the employee's hourly rate. 15.3. Training costs15.3.1. Where HELC requires an employee to receive training for the purposes of receiving or maintaining a first aid certificate or a food handling qualification HELC will either 15.3.1.1. Allow the employee to complete the training during work time, without loss of pay; or 15.3.1.2. If the training is completed outside of work hours/days, HELC will pay for all time and costs associated with the training. Subject to approval from management this may also include time spent outside ordinary hours or on the weekend, where this is approved payment will include the applicable overtime rate. 15.4. All other allowances 15.4.1. All other allowances applicable will be paid in accordance with the provisions of clause 15 of the Award. 16. LEAVE 16.1. Annual leave 16.1.1. Employees (other than casual employees) accrue annual leave entitlements in accordance with the NES. 16.1.2. Eligible employees will accrue 4 weeks annual leave progressively over the course of the year with entitlements accumulating from year to year. 16.1.3. Employees are expected to provide reasonable notice of their intention to take annual leave. 16.1.4. Annual leave loading 16.1.4.1. Full-time and part-time Employees receive a loading of 17.5% of their ordinary rate of pay when taking annual leave. 16.1.5. Cashing out annual leave 16.1.5.1. An employee may elect to cash out part of their annual leave entitlement provided that: 16.1.5.1.1. The application was made voluntarily and in writing; and 16.1.5.1.2. The employee has had at least 2 weeks off on Annual leave in the previous year; and 16.1.5.1.3. The employee retains a balance (after cashing in) of at least 4 weeks annual leave; 16.1.5.1.4. The employee receives payment at the rate that would have applied had they taken the period of leave including the applicable annual leave loading. 16.1.6. Purchasing annual leave 16.1.6.1. Once a year in July, employees at HELC (excluding casual employees) may apply to buy extra annual leave. If your application to buy extra leave is 15.3.1. Where HELC requires an employee to receive training for the purposes of receiving or maintaining a first aid certificate or a food handling qualification HELC will either 15.3.1.1. Allow the employee to complete the training during work time, without loss of pay; or 15.3.1.2. If the training is completed outside of work hours/days, HELC will pay for all time and costs associated with the training. Subject to approval from management this may also include time spent outside ordinary hours or on the weekend, where this is approved payment will include the applicable overtime rate. 15.4. All other allowances 15.4.1. All other allowances applicable will be paid in accordance with the provisions of clause 15 of the Award. 16. LEAVE 16.1. Annual leave 16.1.1. Employees (other than casual employees) accrue annual leave entitlements in accordance with the NES. 16.1.2. Eligible employees will accrue 4 weeks annual leave progressively over the course of the year with entitlements accumulating from year to year. 16.1.3. Employees are expected to provide reasonable notice of their intention to take annual leave. 16.1.4. Annual leave loading 16.1.4.1. Full-time and part-time Employees receive a loading of 17.5% of their ordinary rate of pay when taking annual leave. 16.1.5. Cashing out annual leave 16.1.5.1. An employee may elect to cash out part of their annual leave entitlement provided that: 16.1.5.1.1. The application was made voluntarily and in writing; and 16.1.5.1.2. The employee has had at least 2 weeks off on Annual leave in the previous year; and 16.1.5.1.3. The employee retains a balance (after cashing in) of at least 4 weeks annual leave; 16.1.5.1.4. The employee receives payment at the rate that would have applied had they taken the period of leave including the applicable annual leave loading. 16.1.6. Purchasing annual leave 16.1.6.1. Once a year in July, employees at HELC (excluding casual employees) may apply to buy extra annual leave. If your application to buy extra leave issuccessful you ea n salary sacrifice some of your pay in return for the extra leave. 16.1.6.2. Employees may purchase a maximum of 1 weeks' annual leave, however HELC may approve purchase of a larger amount of annual leave in exceptional circumstances. 16.1.6.3. Employees cannot buy extra annual leave if they have an accrued amount of annual leave of more than 5 weeks. 16.1.7. Sickness during annual leave 16.1.7.1. Where an employee becomes sick while on annual leave for any period of days on which he/she would otherwise have worked, and immediately forwards to HELC a certificate from a legally qualified medical practitioner, then the number of days specified in the certificate shall be deducted from any personal leave entitlements an employee has, and an equal number of days will be re-credited to the employee's annual leave balance. In the event that annual leave loading has been paid on those days that are changed to personal leave, the amount of annual leave loading paid in respect of those days will be recoverable against the employee's wages. 16.1.8. Annual close down 16.1.8.1. The centre may close for up to 3 weeks per year around the Christmas/New Year's period. 16.1.8.2. Staff will be required to take annual leave during any annual close down period. 16.1.8.3. Staff may use time off in lieu accrued during the year during this annual close down period. 16.1.8.4. Any full-time or part-time employee without sufficient leave to cover the period of annual close down will be entitled to leave without pay for the period as well as payment for any public holiday that falls within the period of closedown. 16.1.9. Excessive leave accruals 16.1.9.1. Excessive leave accruals shall be dealt with in accordance with clauses 24.5, 24.6, and 24.7 of the Award. 16.1.10. An employee will be paid their accumulated annual leave upon termination of employment inclusive of annual leave loading prescribed in clause 16.1.4. 16.2. Personal/Carer's Leave 16.2.1. Personal/Carer's Leave applies in accordance with National Employment Standards except that a full-time employee is entitled to accrue Personal/Carer's Leave at the rate of 15 days per annum in lieu of the statutory entitlement of 10 days per annum. 16.2.2. Personal/Carer's Leave accrues progressively throughout the year and accumulates from year to year. successful you can salary sacrifice some of your pay in return for the extra leave. 16.1.6.2. Employees may purchase a maximum of 1 weeks' annual leave, however HELC may approve purchase of a larger amount of annual leave in exceptional circumstances. 16.1.6.3. Employees cannot buy extra annual leave if they have an accrued amount of annual leave of more than 5 weeks. 16.1.7. Sickness during annual leave 16.1.7.1. Where an employee becomes sick while on annual leave for any period of days on which he/she would otherwise have worked, and immediately forwards to HELC a certificate from a legally qualified medical practitioner, then the number of days specified in the certificate shall be deducted from any personal leave entitlements an employee has, and an equal number of days will be re-credited to the employee's annual leave balance. In the event that annual leave loading has been paid on those days that are changed to personal leave, the amount of annual leave loading paid in respect of those days will be recoverable against the employee's wages. 16.1.8. Annual close down 16.1.8.1. The centre may close for up to 3 weeks per year around the Christmas/New Year's period. 16.1.8.2. Staff will be required to take annual leave during any annual close down period. 16.1.8.3. Staff may use time off in lieu accrued during the year during this annual close down period. 16.1.8.4. Any full-time or part-time employee without sufficient leave to cover the period of annual close down will be entitled to leave without pay for the period as well as payment for any public holiday that falls within the period of closedown. 16.1.9. Excessive leave accruals 16.1.9.1. Excessive leave accruals shall be dealt with in accordance with clauses 24.5, 24.6, and 24.7 of the Award. 16.1.10. An employee will be paid their accumulated annual leave upon termination of employment inclusive of annual leave loading prescribed in clause 16.1.4. 16.2. Personal/Carer's Leave 16.2.1. Personal/Carer's Leave applies in accordance with National Employment Standards except that a full-time employee is entitled to accrue Personal/Carer's Leave at the rate of 15 days per annum in lieu of the statutory entitlement of 10 days per annum. 16.2.2. Personal/Carer's Leave accrues progressively throughout the year and accumulates from year to year.16.2.3. Part-time employees accrue Personal/Carer's Leave on a pro rata basis based on their hours of work as a proportion of the ordinary hours of a full-time employee. 16.2.4. For those employees who, at the commencement of this Agreement, are provided with their full annual accrual of personal/carer's leave in advance on their anniversary date, transitional arrangements will apply. In these cases, the employee will convert to the progressive accrual method prescribed under the Fair Work Act 2009 from the anniversary next occurring after the Agreement commences operation. For example, if the Agreement comes into operation on 1 July 2022, an employee who had been receiving their accrual on 1 October 2022, would transition to the correct accrual method on that date, i.e. 1 October 2022. 16.2.5. Personal leave 16.2.5.1. Employees (other than casual employees) can use Personal/Carer's Leave in the event that they become sick, injured or otherwise unfit for duty subject to the provisions of Clauses 16.2.8. 16.2.6. Carer's leave 16.2.6.1. Employees (other than casual employees) can use Personal/Carer's Leave as Carer's Leave in circumstances where they are not able to attend work for the reason that they need to provide care for member(s) of their immediate family or household due to injury, illness or unexpected emergency subject to the provisions of Clauses 16.2.8 and 16.2.9. 16.2.7. Unpaid Carer's leave 16.2.7.1. All employees (including casual employees) are entitled to two days unpaid carer's leave for every occasion that an employee's immediate family(s) or household member(s) need care by reason of illness, injury or unexpected emergency. 16.2.8. Notification and evidence of absence 16.2.8.1. Employees are required to notify HELC as soon as is practicable and preferably before the start of their shift on any day that they are unable to attend for work. At that time the employee must advise HELC of the expected period of absence, if reasonable. 16.2.8.2. HELC may require an employee taking leave in accordance with the provisions of Clause 16 to provide satisfactory evidence of incapacity for work or reason for absence in the form of a certificate of incapacity from a duly qualified medical practitioner for absences in excess of a single day or absences either side of a public holiday, an RDO or a period of absence on annual leave. 16.2.8.3. Employees are entitled to 3 single days per calendar year without the need to provide evidence for absence when taking leave in accordance with the provisions of clause 16. 16.2.9. Definition of a family member 16.2.3. Part-time employees accrue Personal/Carer's Leave on a pro rata basis based on their hours of work as a proportion of the ordinary hours of a full-time employee. 16.2.4. For those employees who, at the commencement of this Agreement, are provided with their full annual accrual of personal/carer's leave in advance on their anniversary date, transitional arrangements will apply. In these cases, the employee will convert to the progressive accrual method prescribed under the Fair Work Act 2009 from the anniversary next occurring after the Agreement commences operation. For example, if the Agreement comes into operation on 1 July 2022, an employee who had been receiving their accrual on 1 October 2022, would transition to the correct accrual method on that date, i.e. 1 October 2022. 16.2.5. Personal leave 16.2.5.1. Employees (other than casual employees) can use Personal/Carer's Leave in the event that they become sick, injured or otherwise unfit for duty subject to the provisions of Clauses 16.2.8. 16.2.6. Carer's leave 16.2.6.1. Employees (other than casual employees) can use Personal/Carer's Leave as Carer's Leave in circumstances where they are not able to attend work for the reason that they need to provide care for member(s) of their immediate family or household due to injury, illness or unexpected emergency subject to the provisions of Clauses 16.2.8 and 16.2.9. 16.2.7. Unpaid Carer's leave 16.2.7.1. All employees (including casual employees) are entitled to two days unpaid carer's leave for every occasion that an employee's immediate family(s) or household member(s) need care by reason of illness, injury or unexpected emergency. 16.2.8. Notification and evidence of absence 16.2.8.1. Employees are required to notify HELC as soon as is practicable and preferably before the start of their shift on any day that they are unable to attend for work. At that time the employee must advise HELC of the expected period of absence, if reasonable. 16.2.8.2. HELC may require an employee taking leave in accordance with the provisions of Clause 16 to provide satisfactory evidence of incapacity for work or reason for absence in the form of a certificate of incapacity from a duly qualified medical practitioner for absences in excess of a single day or absences either side of a public holiday, an RDO or a period of absence on annual leave. 16.2.8.3. Employees are entitled to 3 single days per calendar year without the need to provide evidence for absence when taking leave in accordance with the provisions of clause 16. 16.2.9. Definition of a family member16.2.9.1. For the purposes of this Agreement where "family member" is referenced it shall be taken to mean the following: 16.2.9.1.1. A spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling of an employee, or a child, parent, grandparent, grandchild or sibling of an employee's spouse or de facto partner. 16.3. Family and Domestic Violence leave 16.3.1. In this clause family and domestic violence means violent, threatening, or other abusive behaviour by a family member (as defined in clause 16.2.9.1.1) of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. 16.3.2. An employee (other than a casual employee) is entitled to 10 days paid leave and 10 days unpaid leave to deal with family and domestic violence as follows: 16.3.2.1. The leave is available in full at the start of each calendar year; and 16.3.2.2. The leave does not accumulate from year to year; and 16.3.2.3. The period of leave taken may be less than one day 16.3.3. A casual employee is entitled to 20 days unpaid family and domestic violence leave as follows: 16.3.3.1. The leave is available in full at the start of each calendar year; and 16.3.3.2. The leave does not accumulate from year to year; and 16.3.3.3. The period of leave taken may be less than one day 16.3.4. The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending legal proceedings, counselling, appointments with a medical or legal practitioner, or accessing police services. 16.3.5. Notice and evidence of absence 16.3.5.1. An employee must give HELC notice of the taking of leave as soon as practicable (which may be after the leave has started) and must advise the HELC of the period, or expected period, of leave. 16.3.5.2. An employee who has given their employer notice of the taking of leave under clause 16.3 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 16.3. 16.3.5.3. Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, a registered health practitioner or a statutory declaration. 16.3.6. Confidentiality 16.3.6.1. Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 16.3.5 is treated confidentially, as far as it is reasonably practicable to do so. 16.4. Compassionate Leave 16.2.9.1. For the purposes of this Agreement where "family member" is referenced it shall be taken to mean the following: 16.2.9.1.1. A spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling of an employee, or a child, parent, grandparent, grandchild or sibling of an employee's spouse or de facto partner. 16.3. Family and Domestic Violence leave 16.3.1. In this clause family and domestic violence means violent, threatening, or other abusive behaviour by a family member (as defined in clause 16.2.9.1.1) of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. 16.3.2. An employee (other than a casual employee) is entitled to 10 days paid leave and 10 days unpaid leave to deal with family and domestic violence as follows: 16.3.2.1. The leave is available in full at the start of each calendar year; and 16.3.2.2. The leave does not accumulate from year to year; and 16.3.2.3. The period of leave taken may be less than one day 16.3.3. A casual employee is entitled to 20 days unpaid family and domestic violence leave as follows: 16.3.3.1. The leave is available in full at the start of each calendar year; and 16.3.3.2. The leave does not accumulate from year to year; and 16.3.3.3. The period of leave taken may be less than one day 16.3.4. The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending legal proceedings, counselling, appointments with a medical or legal practitioner, or accessing police services. 16.3.5. Notice and evidence of absence 16.3.5.1. An employee must give HELC notice of the taking of leave as soon as practicable (which may be after the leave has started) and must advise the HELC of the period, or expected period, of leave. 16.3.5.2. An employee who has given their employer notice of the taking of leave under clause 16.3 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 16.3. 16.3.5.3. Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, a registered health practitioner or a statutory declaration. 16.3.6. Confidentiality 16.3.6.1. Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 16.3.5 is treated confidentially, as far as it is reasonably practicable to do so. 16.4. Compassionate Leave16.4.1. An employee shall, on the death or immediate threat to life of a member of his/her immediate family or household (as defined in clause 16.2.5.1.1), be entitled to leave and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in five (5) ordinary days' work per occasion. 16.4.2. If required by the employer, proof of such death shall be furnished by the employee to the satisfaction of H ELC. 16.4.3. Provided however that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. 16.4.4. Additionally, one day of special compassionate leave per occasion will be available to employees in the event of a close friend or household pet dying. This clause is subject to the requirements of clause 16.4.2. 16.5. Infectious disease leave 16.5.1. Employees who contract, or believe they have contracted, one of the infectious diseases listed in this clause must as soon as possible notify their employer. 16.5.2. Employees (other than a casual employee) who contract an infectious disease through a contact in the area of employment shall be entitled to infectious diseases leave in accordance with the following scale: Disease Leave with pay Chicken pox (Varicella) 5 working days German measles (Rubella) 5 working days Hepatitis As decided by medical practitioner Influenza 5 working days Measles (Morbelli) 10 working days Mumps 10 working days Rheumatic fever As decided by medical practitioner Scarlet fever 10 working days Whooping cough 10 working days 16.5.3. A duly signed certificate by a qualified medical practitioner must accompany any application for leave with pay under the provisions of this subclause. In cases where employees contract influenza, the medical certificate must state the word "influenza" in full, and that the pathology result is present. 16.6. Parental leave 16.6.1. Parental leave shall be administered in accordance with the National Employment Standards. 16. 7. Long Service leave 16.4.1. An employee shall, on the death or immediate threat to life of a member of his/her immediate family or household (as defined in clause 16.2.5.1.1), be entitled to leave and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in five (5) ordinary days' work per occasion. 16.4.2. If required by the employer, proof of such death shall be furnished by the employee to the satisfaction of HELC. 16.4.3. Provided however that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. 16.4.4. Additionally, one day of special compassionate leave per occasion will be available to employees in the event of a close friend or household pet dying. This clause is subject to the requirements of clause 16.4.2. 16.5. Infectious disease leave 16.5.1. Employees who contract, or believe they have contracted, one of the infectious diseases listed in this clause must as soon as possible notify their employer. 16.5.2. Employees (other than a casual employee) who contract an infectious disease through a contact in the area of employment shall be entitled to infectious diseases leave in accordance with the following scale: Disease Leave with pay Chicken pox (Varicella) 5 working days German measles (Rubella) 5 working days Hepatitis As decided by medical practitioner Influenza 5 working days Measles (Morbelli) 10 working days 10 working days Mumps Rheumatic fever As decided by medical practitioner Scarlet fever 10 working days Whooping cough 10 working days 16.5.3. A duly signed certificate by a qualified medical practitioner must accompany any application for leave with pay under the provisions of this subclause. In cases where employees contract influenza, the medical certificate must state the word 'influenza" in full, and that the pathology result is present. 16.6. Parental leave 16.6.1. Parental leave shall be administered in accordance with the National Employment Standards. 16.7. Long Service leave16.7.1. From 1 January 2020, HELC is subject to a portable long service leave scheme under the Long Service Benefits Portability Act 2018 and makes contributions to that fund in respect of all service after that date 16.7.2. Employees who were engaged by HELC prior to 1 January 2020 have accrued Long Service leave entitlements in accordance with the Long Service Leave Act (Vic) 2018 in respect to their service prior to 1 January 2020. 16.7.3. Long service leave entitlements are otherwise administered in accordance with the relevant legislation. 16.8. Community service leave 16.8.1. Community service leave will be dealt with in accordance with the National Employment Standards with the qualification that: 16.8.1.1. Jury service will be dealt with in accordance with the Juries Act 2000 (Vic) which prescribes payment for Jury Service in excess of the 10 days prescribed under the National Employment Standards. 17. LEAVE TO ATTEND EXAMINATIONS 17.1. Employees shall be granted leave with full pay in order to travel to and attend childcare examinations relevant to this clause and approved by the education institution. Provided that when an afternoon examination is scheduled an employee shall be allowed the morning for the examination study if so required by the employee. 18. PROFESSIONAL DEVELOPMENT 18.1. HELC may offer at least two professional development days per year. A professional development day is a day on which a seminar or in-service style training shall be held, and on which the normal activity of the centre, including the attendance of children, shall be suspended. At least one of the two professional development days may be accessed by individual employees for the purpose of attending professional development courses off site. The timing of the professional development days shall be in accordance with operational requirements, and at the discretion of HELC. 19. SUPERANNUATION 19.1. Superannuation will be administered in accordance with relevant legislation in relation to the Superannuation Guarantee, choice of fund, and stapled superannuation funds. 19.2. Where an employee has not nominated a superannuation fund and, after HELC has performed the required checks with the ATO, has no stapled superannuation funds, HELC will enrol that employee in their nominated superannuation fund HESTA. 20. NOTICE OF TERMINATION 20.1 Notice of termination is administered in accordance with the National Employment Standards and Clause 11 of the Award. The minimum required notice period for full-time and part-time employees is set out below: Length of Service Notice Period Not more than 1 year service 1 week 16.7.1. From 1 January 2020, HELC is subject to a portable long service leave scheme under the Long Service Benefits Portability Act 2018 and makes contributions to that fund in respect of all service after that date 16.7.2. Employees who were engaged by HELC prior to 1 January 2020 have accrued Long Service leave entitlements in accordance with the Long Service Leave Act (Vic) 2018 in respect to their service prior to 1 January 2020. 16.7.3. Long service leave entitlements are otherwise administered in accordance with the relevant legislation. 16.8. Community service leave 16.8.1. Community service leave will be dealt with in accordance with the National Employment Standards with the qualification that: 16.8.1.1. Jury service will be dealt with in accordance with the Juries Act 2000 (Vic) which prescribes payment for Jury Service in excess of the 10 days prescribed under the National Employment Standards. 17. LEAVE TO ATTEND EXAMINATIONS 17.1. Employees shall be granted leave with full pay in order to travel to and attend childcare examinations relevant to this clause and approved by the education institution. Provided that when an afternoon examination is scheduled an employee shall be allowed the morning for the examination study if so required by the employee. 18. PROFESSIONAL DEVELOPMENT 18.1. HELC may offer at least two professional development days per year. A professional development day is a day on which a seminar or in-service style training shall be held, and on which the normal activity of the centre, including the attendance of children, shall be suspended. At least one of the two professional development days may be accessed by individual employees for the purpose of attending professional development courses off site. The timing of the professional development days shall be in accordance with operational requirements, and at the discretion of HELC. 19. SUPERANNUATION 19.1. Superannuation will be administered in accordance with relevant legislation in relation to the Superannuation Guarantee, choice of fund, and stapled superannuation funds. 19.2. Where an employee has not nominated a superannuation fund and, after HELC has performed the required checks with the ATO, has no stapled superannuation funds, HELC will enrol that employee in their nominated superannuation fund HESTA. 20. NOTICE OF TERMINATION 20.1 Notice of termination is administered in accordance with the National Employment Standards and Clause 11 of the Award. The minimum required notice period for full-time and part-time employees is set out below: Length of Service Notice Period Not more than 1 year service 1 weekMore than 1 year but not more than 3 years' service 2 weeks More than 3 years but not more than 5 years' service 3 weeks More than 5 years' service 4 weeks If the Employee is over the age of 45 and has been employed with the Employer for at least 2 years an additional week's notice is given. 20.2The Employer may elect to make payment for all or that part of the period of notice that it does not require the employee to work. 20.3 In circumstances where the Employee is terminated on the grounds of serious misconduct, no notice period or payment in lieu thereof shall apply. 20.4Serious misconduct includes: 20.4.1 Wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment such as engaging in theft, fraud, assault or sexual harassment or being intoxicated at work or refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment; or 20.4.2 Conduct that causes serious and imminent risk to the health or safety of a person or the reputation, viability or profitability of the Employer's business. 20.5 Employees are required to provide the same notice of termination as the Employer save that the additional week for employees over 45 years of age and with at least two years' service does not apply. 20.6 If an employee who is at least 18 years old does not give the period of notice required under Clause 20.5, then the employer may deduct from wages due to the employee under this agreement an amount that is no more than one week's wages for the employee. 20.7The Employee undertakes to return to the Employer on termination all physical and intellectual property of the Employer whether in material, electronic, documentary or any other form. 21. REDUNDANCY 21.1 Redundancy occurs when the employer has made a definite decision that the job that a full-time or part-time employee performs is not to be done by anyone. 21.2 When redundancy occurs, the employer shall consult with employees in accordance with Clause 23 of the Agreement. 21.3 The Employer shall explore any opportunities for redeployment that might exist for employees displaced from any redundant position. 21.4 Where a suitable redeployment option is available, the Employer shall provide the employee with the same period of notice for redeployment that would apply in the event of termination of employment due to redundancy. This includes redeployment to a position at a lower level or with a lower level of remuneration. 21.5 If a suitable redeployment is not available for an employee (as determined by the Employer in consultation with the employee), the Employee will be retrenched and will be entitled to a redundancy severance payment (as per the table below) in addition to notice of termination or payment in lieu thereof: More than 1 year but not more than 3 years' service 2 weeks More than 3 years but not more than 5 years' service 3 weeks More than 5 years' service 4 weeks If the Employee is over the age of 45 and has been employed with the Employer for at least 2 years an additional week's notice is given. 20.2 The Employer may elect to make payment for all or that part of the period of notice that it does not require the employee to work. 20.3 In circumstances where the Employee is terminated on the grounds of serious misconduct, no notice period or payment in lieu thereof shall apply. 20.4 Serious misconduct includes: 20.4.1 Wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment such as engaging in theft, fraud, assault or sexual harassment or being intoxicated at work or refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment; or 20.4.2 Conduct that causes serious and imminent risk to the health or safety of a person or the reputation, viability or profitability of the Employer's business. 20.5 Employees are required to provide the same notice of termination as the Employer save that the additional week for employees over 45 years of age and with at least two years' service does not apply. 20.6 If an employee who is at least 18 years old does not give the period of notice required under Clause 20.5, then the employer may deduct from wages due to the employee under this agreement an amount that is no more than one week's wages for the employee. 20.7 The Employee undertakes to return to the Employer on termination all physical and intellectual property of the Employer whether in material, electronic, documentary or any other form. 21. REDUNDANCY 21.1 Redundancy occurs when the employer has made a definite decision that the job that a full-time or part-time employee performs is not to be done by anyone. 21.2 When redundancy occurs, the employer shall consult with employees in accordance with Clause 23 of the Agreement. 21.3 The Employer shall explore any opportunities for redeployment that might exist for employees displaced from any redundant position. 21.4 Where a suitable redeployment option is available, the Employer shall provide the employee with the same period of notice for redeployment that would apply in the event of termination of employment due to redundancy. This includes redeployment to a position at a lower level or with a lower level of remuneration. 21.5 If a suitable redeployment is not available for an employee (as determined by the Employer in consultation with the employee), the Employee will be retrenched and will be entitled to a redundancy severance payment (as per the table below) in addition to notice of termination or payment in lieu thereof:Period of Continuous Service 1 year or less Over 1 year and up to completion of 2 years Over 2 years and up to completion of 3 years Over 3 years and up to completion of 4 years Over 4 years and up to completion of 5 years Over 5 years and up to completion of 6 years Over 6 years and up to completion of 7 years Over 7 years and up to completion of 8 years Over 8 years and up to completion of 9 years Over 9 years Severance Payment Nil 4 weeks 6 weeks 7 weeks 8 weeks 10 weeks 11 weeks 13 weeks 14 weeks 16 weeks 21.6 Redundancy is otherwise administered in accordance with Clause 12 of the Award. 22. INDIVIDUAL FLEXIBILITY 22.1. 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: 22.1.1. the agreement deals with 1 or more of the following matters: 22.1.1.1. arrangements about when work is performed; 22.1.1.2. overtime rates; 22.1.1.3. penalty rates; 22.1.1.4. allowances; 22.1.1.5. rostered days off; and 22.1.2. 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 22.1.3. the arrangement is genuinely agreed to by the employer and employee. 22.2. The employer must ensure that the terms of the individual flexibility arrangement: 22.2.1. are about permitted matters under section 172 of the Fair Work Act 2009; and 22.2.2. are not unlawful terms under section 194 of the Fair Work Act 2009; and 22.2.3. result in the employee being better off overall than the employee would be if no arrangement was made. 22.3. The employer must ensure that the individual flexibility arrangement: 22.3.1. is in writing; and 22.3.2. includes the name of the employer and employee; and 22.3.3. 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 22.3.4. includes details of: 22.3.4.1. the terms of the enterprise agreement that will be varied by the arrangement; and 22.3.4.2. how the arrangement will vary the effect of the terms; and 22.3.4.3. 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 Period of Continuous Service Severance Payment 1 year or less Nil Over 1 year and up to completion of 2 years 4 weeks Over 2 years and up to completion of 3 years 6 weeks Over 3 years and up to completion of 4 years 7 weeks Over 4 years and up to completion of 5 years 8 weeks Over 5 years and up to completion of 6 years 10 weeks Over 6 years and up to completion of 7 years 11 weeks Over 7 years and up to completion of 8 years 13 weeks Over 8 years and up to completion of 9 years 14 weeks Over 9 years 16 weeks 21.6 Redundancy is otherwise administered in accordance with Clause 12 of the Award. 22. INDIVIDUAL FLEXIBILITY 22.1. 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: 22.1.1. the agreement deals with 1 or more of the following matters: 22.1.1.1. arrangements about when work is performed; 22.1.1.2. overtime rates; 22.1.1.3. penalty rates; 22.1.1.4. allowances; 22.1.1.5. rostered days off; and 22.1.2. 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 22.1.3. the arrangement is genuinely agreed to by the employer and employee. 22.2. The employer must ensure that the terms of the individual flexibility arrangement: 22.2.1. are about permitted matters under section 172 of the Fair Work Act 2009; and 22.2.2. are not unlawful terms under section 194 of the Fair Work Act 2009; and 22.2.3. result in the employee being better off overall than the employee would be if no arrangement was made. 22.3. The employer must ensure that the individual flexibility arrangement: 22.3.1. is in writing; and 22.3.2. includes the name of the employer and employee; and 22.3.3. 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 22.3.4. includes details of: 22.3.4.1. the terms of the enterprise agreement that will be varied by the arrangement; and 22.3.4.2. how the arrangement will vary the effect of the terms; and 22.3.4.3. 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; and22.3.5. states the day on which the arrangement commences. 22.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to 22.5. The employer or employee may terminate the individual flexibility arrangement: 22.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or 22.5.2. if the employer and employee agree in writing - at any time. 23. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 23.1. This term applies if the employer: 23.1.1. 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 23.1.2. proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 23.2. For a major change referred to in paragraph (23.1.1): 23.2.1. the employer must notify the relevant employees of the decision to introduce the major change; and 23.2.2. subclauses (23.2) to (23.9) apply. 23.3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 23.4. If: 23.4.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and 23.4.2. the employee or employees advise the employer of the identity of the representative; 23.4.3. the employer must recognise the representative. 23.5. As soon as practicable after making its decision, the employer must: 23.5.1. discuss with the relevant employees: 23.5.1.1. the introduction of the change; and 23.5.1.2. the effect the change is likely to have on the employees; and 23.5.1.3. measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and 23.5.2. for the purposes of the discussion-provide, in writing, to the relevant employees: 23.5.2.1. all relevant information about the change including the nature of the change proposed; and 23.5.2.2. information about the expected effects of the change on the employees; and 23.5.2.3. any other matters likely to affect the employees. 23.6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 23.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 22.3.5. states the day on which the arrangement commences. 22.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to 22.5. The employer or employee may terminate the individual flexibility arrangement: 22.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or 22.5.2. if the employer and employee agree in writing - at any time. 23. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 23.1. This term applies if the employer: 23.1.1. 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 23.1.2. proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 23.2. For a major change referred to in paragraph (23.1.1): 23.2.1. the employer must notify the relevant employees of the decision to introduce the major change; and 23.2.2. subclauses (23.2) to (23.9) apply. 23.3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 23.4. If: 23.4.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and 23.4.2. the employee or employees advise the employer of the identity of the representative; 23.4.3. the employer must recognise the representative. 23.5. As soon as practicable after making its decision, the employer must: 23.5.1. discuss with the relevant employees: 23.5.1.1. the introduction of the change; and 23.5.1.2. the effect the change is likely to have on the employees; and 23.5.1.3. measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and 23.5.2. for the purposes of the discussion-provide, in writing, to the relevant employees: 23.5.2.1. all relevant information about the change including the nature of the change proposed; and 23.5.2.2. information about the expected effects of the change on the employees; and 23.5.2.3. any other matters likely to affect the employees. 23.6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 23.7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.23.8. 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 (23.2.1) and subclauses (23.3) and (23.5) are taken not to apply. 23.9. In this term, a major change is likely to have a significant effect on employees if it results in: 23.9.1. the termination of the employment of employees; or 23.9.2. major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or 23.9.3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 23.9.4. the alteration of hours of work; or 23.9.5. the need to retrain employees; or 23.9.6. the need to relocate employees to another workplace; or 23.9.7. the restructuring of jobs. Major change to a regular roster or hours of work 23.10. For a change referred to in paragraph (23.1.2): 23.10.1. the employer must notify the relevant employees of the proposed change; and 23.10.2. subclauses {23.11) to (23.15) apply. 23.11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 23.12. If: 23.12.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and 23.12.2. the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative 23.13. As soon as practicable after proposing to introduce the change, the employer must: 23.13.1. discuss with the relevant employees the introduction of the change; and 23.13.2. for the purposes of the discussion-provide to the relevant employees: 23.13.2.1.all relevant information about the change, including the nature of the change; and 23.13.2.2.information about what the employer reasonably believes will be the effects of the change on the employees; and 23.13.2.3. information about any other matters that the employer reasonably believes are likely to affect the employees; and 23.13.3. 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). 23.14. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 23.15. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 23.16. In this term: relevant employees means the employees who may be affected by a change referred to in subclause (23.1). 24. DISPUTE RESOLUTION PROCEDURE 23.8. 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 (23.2.1) and subclauses (23.3) and (23.5) are taken not to apply. 23.9. In this term, a major change is likely to have a significant effect on employees if it results in: 23.9.1. the termination of the employment of employees; or 23.9.2. major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or 23.9.3. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 23.9.4. the alteration of hours of work; or 23.9.5. the need to retrain employees; or 23.9.6. the need to relocate employees to another workplace; or 23.9.7. the restructuring of jobs. Major change to a regular roster or hours of work 23.10. For a change referred to in paragraph (23.1.2): 23.10.1. the employer must notify the relevant employees of the proposed change; and 23.10.2. subclauses (23.11) to (23.15) apply. 23.11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 23.12. If: 23.12.1. a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and 23.12.2. the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative 23.13. As soon as practicable after proposing to introduce the change, the employer must: 23.13.1. discuss with the relevant employees the introduction of the change; and 23.13.2. for the purposes of the discussion-provide to the relevant employees: 23.13.2.1.all relevant information about the change, including the nature of the change; and 23.13.2.2. information about what the employer reasonably believes will be the effects of the change on the employees; and 23.13.2.3. information about any other matters that the employer reasonably believes are likely to affect the employees; and 23.13.3. 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). 23.14. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees 23.15. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 23.16. In this term: relevant employees means the employees who may be affected by a change referred to in subclause (23.1). 24. DISPUTE RESOLUTION PROCEDUREIf a dispute relates to: 24.1. A matter arising under this Agreement; or 24.2. The National Employment Standards; this term sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 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. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: 24.3. the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and 24.4. if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: 24.4.1. arbitrate the dispute; and 24.4.2. make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in this term: 24.5. 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 24.6. 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: 24.6.1. the work is not safe; or 24.6.2. applicable occupational health and safety legislation would not permit the work to be performed; or 24.6.3. the work is not appropriate for the employee to perform; or 24.6.4. there are other reasonable grounds for the employee to refuse to comply with the direction. 24.6.5. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 25. STAND DOWN 25.1. In the event of any circumstance over which the employer has no control such as flood, fire, strike, breakdown of machinery essential to the care and well-being of the children If a dispute relates to: 24.1. A matter arising under this Agreement; or 24.2. The National Employment Standards; this term sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 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. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: 24.3. the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and 24.4. if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: 24.4.1. arbitrate the dispute; and 24.4.2. make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in this term: 24.5. 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 24.6. 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: 24.6.1. the work is not safe; or 24.6.2. applicable occupational health and safety legislation would not permit the work to be performed; or 24.6.3. the work is not appropriate for the employee to perform; or 24.6.4. there are other reasonable grounds for the employee to refuse to comply with the direction. 24.6.5. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 25. STAND DOWN 25.1. In the event of any circumstance over which the employer has no control such as flood, fire, strike, breakdown of machinery essential to the care and well-being of the childrenand staff, the HELC may deduct payment for any part of a day during which an employee cannot usefully be employed. and staff, the HELC may deduct payment for any part of a day during which an employee cannot usefully be employed.SIGNATURES For Highgate Early Learning Centre Signature: Date: 05/10/2022 Full name of signatory: David Bain Address of signatory: 3 Highgate Grove, Ashburton VIC 3147 Authority to sign on behalf of Highgate Early Learning Centre For the employees covered by this agreement Signature: Full name of signatory: Address of signatory: Authority to sign on behalf of employees covered by this agreement: President - Committee of Management Date: ~c..,........., Lcc,ci\e r D1pl~(A_ Ed vcdc:,r E ~ el ':r--"- C:io-'J tu.--, '.J f" p . SIGNATURES For Highgate Early Learning Centre Signature: Date Bain Date: 05/10/2022 Full name of signatory: David Bain Address of signatory: 3 Highgate Grove, Ashburton VIC 3147 Authority to sign on behalf of Highgate Early Learning Centre President - Committee of Management For the employees covered by this agreement 0 Signature: Date: 26/10/2022 Full name of signatory: Elissa Jane Timbs Address of signatory: 3 Highgate Grove Ashburton 3147 Authority to sign on behalf of employees covered by this agreement: Team Leader Diploma Educdor Employee Bargaining Rep.SCHEDULE ONE - PAY RATES AND CLASSIFICATION 1. WAGE RATES 1.1. The following wage rates shall apply from the first full pay period commencing on or after the operative date of this agreement and shall apply for all purposes: Level Descriptor Current 1 July 2022 1 July 2023 1 July 2024 hourly rate hourly rate hourly rate hourly rate 1.1 1st year $24.01 $25.03 $25.78 $26.55 2.1 2nd year $24.97 $26.03 426.81 $27.62 2.2 3rd year or cook $25.87 $26.97 $27.78 $28.61 (non-trade) 3.1 Certificate Ill or $27.49 $28.66 $29.52 $30.40 cook trade 3.2 2nd year $28.48 $29.69 $30.58 $31.50 3.3 3rd year $29.41 $30.66 $31.58 $32.53 4.1 Diploma $31.10 $32.42 $33.39 $34.40 4.2 minimum 2nd year or 1/C of $32.60 $33.99 $35.01 $36.06 rate (I/C of group minimum group) 4.3 3rd year $33.12 $34.53 $35.56 $36.63 4.4 4th year $33.65 $35.08 $36.13 $37.22 5.1 5.1 educational $34.20 $35.65 $36.72 $37.82 leader I 21( minimum 5.2 2nd year $34.72 $36.20 $37.28 $38.40 5.3 3rd year $35.25 $36.75 $37.85 $38.99 5.4 (minimum 4th year $35.37 $36.87 $37.98 $39.12 rate 3-year degree equiv) 5.5 (minimum 5th year $37.01 $38.58 $39.74 $40.93 rate 4-year degree equiv) 1.2. Increases in pay 1.2.1.The minimum rates specified in Schedule One 1.1 will increase annually in line with the table below: jl 4.25% :;)JIBi~1~g~a:J 3% '~1tiWil~~ll2a:,1 3% 2. CLASSIFICATION STRUCTURE 2.1. Progression from one increment to the next within a classification is subject to a children's services employee meeting the following criteria: SCHEDULE ONE - PAY RATES AND CLASSIFICATION 1. WAGE RATES 1.1. The following wage rates shall apply from the first full pay period commencing on or after the operative date of this agreement and shall apply for all purposes: Level Descriptor Current 1 July 2022 1 July 2023 1 July 2024 hourly rate hourly rate hourly rate hourly rate 1.1 1st year $24.01 $25.03 $25.78 $26.55 2.1 2nd year $24.97 $26.03 426.81 $27.62 2.2 3rd year or cook $25.87 $26.97 $27.78 $28.61 (non-trade) 3.1 Certificate III or $27.49 $28.66 $29.52 $30.40 cook trade 3.2 2nd year $28.48 $29.69 $30.58 $31.50 3.3 3rd year $29.41 $30.66 $31.58 $32.53 4.1 Diploma $31.10 $32.42 $33.39 $34.40 4.2 minimum 2nd year or I/C of $32.60 $33.99 $35.01 $36.06 rate (I/C of group minimum group) 4.3 3rd year $33.12 $34.53 $35.56 $36.63 4.4 4th year $33.65 $35.08 $36.13 $37.22 5.1 5.1 educational $34.20 $35.65 $36.72 $37.82 leader 1 210 minimum 5.2 2nd year $34.72 $36.20 $37.28 $38.40 5.3 3rd year $35.25 $36.75 $37.85 $38.99 5.4 (minimum 4th year $35.37 $36.87 $37.98 $39.12 rate 3-year degree equiv) 5.5 (minimum 5th year $37.01 $38.58 $39.74 $40.93 rate 4-year degree equiv) 1.2. Increases in pay 1.2.1.The minimum rates specified in Schedule One 1.1 will increase annually in line with the table below: Date of increase: amount (%) July 1 2022 4.25% July 1 2023 3% July 1 2024 3% 2. CLASSIFICATION STRUCTURE 2.1. Progression from one increment to the next within a classification is subject to a children's services employee meeting the following criteria:2.2. Incremental progression 2.2.1. Progression from one increment to the next within a classification is subject to a children's services employee meeting the following criteria: 2.2.2. competency at the existing increment; 2.2.3. 12 months experience at that increment (or in the case of employees employed for 19 hours or less per week, 24 months' experience) and in-service training as required; and 2.2.4. Demonstrated ability to acquire the skills which are necessary for advancement to the next pay point increment. 2.2.5. Where an employee is deemed not to have met the requisite competency at their existing level at the time of appraisal, his/her incremental progression may be deferred for periods of three months at a time provided that: 2.2.6. the employee is notified in writing as to the reasons for the deferral; 2.2.7. the employee has, in the twelve months leading to the appraisal, been provided with in-service training required to attain a higher pay point; and 2.2.8. Following any deferral, the employee is provided with the necessary training in order to advance to the next increment. 2.2.9. Where an appraisal has been deferred for operational reasons beyond the control of either party, or the appraisal subsequently deems the employee to have met the requirements under this clause, any increase in wage rates will be back paid to the 12 month (or 24 month) anniversary date of the previous incremental progression. 2.2.10. An employee whose incremental advancement has been refused or deferred may seek to have the decision reviewed by lodging a written request through the procedure to resolve grievances and dispute in clause 24 of this agreement. If the review is successful, then the incremental advancement will be backdated to the original due date. The review process must be completed within two months of the request for the review being made. 2.3. Children's Services Employee Level 1 (Pay level 1.1) 2.3.1. This is an employee who has no formal qualifications but is able to perform work within the scope of this level. This employee will work under direct supervision in a team environment and will receive guidance and direction at all times. This employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally, an employee at this level will not be left alone with a group of children. 2.3.2. An employee at this level is being introduced to the working environment and is undertaking the following indicative duties: 2.3.2.1. 2.3.2.2. 2.3.2.3. 2.3.2.4. learning and implementing the policies, procedures and routines of the service; learning how to establish relationships and interacting with the children; learning the basic skills required to work in this environment with children; giving each child individual attention and comfort as required.; 2.3.3. A Level 1 employee shall progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level. 2.2. Incremental progression 2.2.1. Progression from one increment to the next within a classification is subject to a children's services employee meeting the following criteria: 2.2.2. competency at the existing increment; 2.2.3. 12 months experience at that increment (or in the case of employees employed for 19 hours or less per week, 24 months' experience) and in-service training as required; and 2.2.4. Demonstrated ability to acquire the skills which are necessary for advancement to the next pay point increment. 2.2.5. Where an employee is deemed not to have met the requisite competency at their existing level at the time of appraisal, his/her incremental progression may be deferred for periods of three months at a time provided that: 2.2.6. the employee is notified in writing as to the reasons for the deferral; 2.2.7. the employee has, in the twelve months leading to the appraisal, been provided with in-service training required to attain a higher pay point; and 2.2.8. Following any deferral, the employee is provided with the necessary training in order to advance to the next increment. 2.2.9. Where an appraisal has been deferred for operational reasons beyond the control of either party, or the appraisal subsequently deems the employee to have met the requirements under this clause, any increase in wage rates will be back paid to the 12 month (or 24 month) anniversary date of the previous incremental progression. 2.2.10. An employee whose incremental advancement has been refused or deferred may seek to have the decision reviewed by lodging a written request through the procedure to resolve grievances and dispute in clause 24 of this agreement. If the review is successful, then the incremental advancement will be backdated to the original due date. The review process must be completed within two months of the request for the review being made. 2.3. Children's Services Employee Level 1 (Pay level 1.1) 2.3.1. This is an employee who has no formal qualifications but is able to perform work within the scope of this level. This employee will work under direct supervision in a team environment and will receive guidance and direction at all times. This employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally, an employee at this level will not be left alone with a group of children. 2.3.2. An employee at this level is being introduced to the working environment and is undertaking the following indicative duties: 2.3.2.1. learning and implementing the policies, procedures and routines of the service; 2.3.2.2. learning how to establish relationships and interacting with the children; 2.3.2.3. learning the basic skills required to work in this environment with children; 2.3.2.4. giving each child individual attention and comfort as required .; 2.3.3. A Level 1 employee shall progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level.2.4. Children's Services Employee Level 2 (2.1-2.2) 2.4.1. This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer has sufficient knowledge and experience to perform the work within the scope of this level. 2.4.2. An employee at this level has limited knowledge and experience in children's services and is expected to take limited responsibility for their own work. A Level 2 employee undertakes the following indicative duties: 2.4.2.1. 2.4.2.2. 2.4.2.3. 2.4.2.4. 2.4.2.5. assist in the implementation of the children's program under supervision; assist in the implementation of daily care routines; develop awareness of and assist in maintenance of the health and safety of the children in care; give each child individual attention and comfort as required; understand and work according to the centre or service's policies and procedures. 2.5. Children's Services Employee Level 3 (3.1-3.3) 2.5.1. This is an employee who has completed AQF Certificate Ill in Children's Services or an equivalent qualification or, alternatively, this employee shall possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level, or a cook that holds a trade certificate Ill or above. An employee appointed at this level will undertake the same duties and perform the same tasks as a CSE Level 2 employee, and will undertake the following additional indicative duties: 2.5.2. assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups; 2.5.3. responsible for recording observations of individual children or groups for program planning purposes for qualified staff; 2.5.3.1. 2.5.3.2. 2.5.3.3. 2.5.3.4. under direction, work with individual children with particular needs; assist in the direction of untrained staff; undertake and implement the requirements of quality assurance; and work in accordance with food safety regulations (such as a trade qualified cook). 2.5.4. Subject to this agreement, an employee at this level is entitled to incremental progression to pay Level 3.3. 2.6. Children's Services Employee Level 4 (4.1-4.4} 2.6.1. This is an employee who performs all relevant duties as described in level 3 and has completed a Diploma in Children's Services or equivalent as recognised by licensing authorities and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate Ill in the on-going performance of their work. 2.6.2. Children's services Employee In Charge of a Group (pay level 4.2- 4.4) 2.4. Children's Services Employee Level 2 (2.1-2.2) 2.4.1. This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer has sufficient knowledge and experience to perform the work within the scope of this level. 2.4.2. An employee at this level has limited knowledge and experience in children's services and is expected to take limited responsibility for their own work. A Level 2 employee undertakes the following indicative duties: 2.4.2.1. assist in the implementation of the children's program under supervision; 2.4.2.2. assist in the implementation of daily care routines; 2.4.2.3. develop awareness of and assist in maintenance of the health and safety of the children in care; 2.4.2.4. give each child individual attention and comfort as required; 2.4.2.5. understand and work according to the centre or service's policies and procedures. 2.5. Children's Services Employee Level 3 (3.1-3.3) 2.5.1. This is an employee who has completed AQF Certificate III in Children's Services or an equivalent qualification or, alternatively, this employee shall possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level, or a cook that holds a trade certificate Ill or above. An employee appointed at this level will undertake the same duties and perform the same tasks as a CSE Level 2 employee, and will undertake the following additional indicative duties: 2.5.2. assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups; 2.5.3. responsible for recording observations of individual children or groups for program planning purposes for qualified staff; 2.5.3.1. under direction, work with individual children with particular needs; 2.5.3.2. assist in the direction of untrained staff; 2.5.3.3. undertake and implement the requirements of quality assurance; and 2.5.3.4. work in accordance with food safety regulations (such as a trade qualified cook). 2.5.4. Subject to this agreement, an employee at this level is entitled to incremental progression to pay Level 3.3. 2.6. Children's Services Employee Level 4 (4.1-4.4) 2.6.1. This is an employee who performs all relevant duties as described in level 3 and has completed a Diploma in Children's Services or equivalent as recognised by licensing authorities and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the on-going performance of their work. 2.6.2. Children's services Employee In Charge of a Group (pay level 4.2- 4.4)2.6.3. This is an employee who has completed a Diploma in Children's Services or equivalent as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years. 2.6.4. An employee appointed at this level will take on the same duties and perform the same tasks as a CSE Level 3 and undertake the following additional indicative duties: 2.6.4.1. responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups of children in care; 2.6.4.2. responsible for the direction and general supervision of other employees up to CSE Level 3; 2.6.4.3. responsible to the Assistant Director/Director for the supervision of students on placement; 2.6.4.4. ensure a safe environment is maintained for both staff and children; 2.6.4.5. ensure that records are maintained accurately for each child in their care; 2.6.4.6. develop, implement and evaluate daily care routines; 2.6.4.7. ensure the centre or service's policies and procedures are adhered to; and 2.6.4.8. liaise with families. 2.7. Children's Services Employee Level 5 (5.1-5.5) 2.7.1. This is an employee who is qualified in accordance with the relevant OHS Children's Services Regulations and is appointed to one of the following positions: 2.7.2. Assistant Director I Additional responsibilities to those of CSE Level 4 (Pay Level 5.1) whose duties may include: 2.7.2.1. co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs; 2.7.2.2. contribute, through the Director, to the development of the centre or service's policies; 2.7.2.3. co-ordinate centre or service operations including Occupational Health and Safety, staff training/In Service; 2.7.2.4. take responsibility for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and other statutory obligations; and 2.7.2.5. generally supervise all employees within the service. 2.7.3. Co-ordinator of an Occasional Care Centre registered for up to 25 children/Assistant Director (Pay Level 5.2). 2.7.4. An Assistant Director may progress to this level in accordance with clause 2 - Incremental Progression. 2.7.5. Co-ordinator of an Outside School Hours Care service registered for up to 25 children/Assistant Director (Pay Level 5.3). 2.6.3. This is an employee who has completed a Diploma in Children's Services or equivalent as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years. 2.6.4. An employee appointed at this level will take on the same duties and perform the same tasks as a CSE Level 3 and undertake the following additional indicative duties: 2.6.4.1. responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups of children in care; 2.6.4.2. responsible for the direction and general supervision of other employees up to CSE Level 3; 2.6.4.3. responsible to the Assistant Director/Director for the supervision of students on placement; 2.6.4.4. ensure a safe environment is maintained for both staff and children; 2.6.4.5. ensure that records are maintained accurately for each child in their care; 2.6.4.6. develop, implement and evaluate daily care routines; 2.6.4.7. ensure the centre or service's policies and procedures are adhered to; and 2.6.4.8. liaise with families. 2.7. Children's Services Employee Level 5 (5.1-5.5) 2.7.1. This is an employee who is qualified in accordance with the relevant DHS Children's Services Regulations and is appointed to one of the following positions: 2.7.2. Assistant Director | Additional responsibilities to those of CSE Level 4 (Pay Level 5.1) whose duties may include: 2.7.2.1. co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs; 2.7.2.2. contribute, through the Director, to the development of the centre or service's policies; 2.7.2.3. co-ordinate centre or service operations including Occupational Health and Safety, staff training/In Service; 2.7.2.4. take responsibility for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and other statutory obligations; and 2.7.2.5. generally supervise all employees within the service. 2.7.3. Co-ordinator of an Occasional Care Centre registered for up to 25 children/Assistant Director (Pay Level 5.2). 2.7.4. An Assistant Director may progress to this level in accordance with clause 2 - Incremental Progression. 2.7.5. Co-ordinator of an Outside School Hours Care service registered for up to 25 children/Assistant Director (Pay Level 5.3).2.7.6. An Assistant Director may progress to this level in accordance with clause 2- lncremental Progression 2.7.7. Educational leader who is nominated by the service in accordance with national regulations 2.7.8. Children's Services Employee-Three year degree equivalent (Pay level 5.3) 2.7.8.1. Is an employee who is engaged in the planning and delivery of an educational program to children of all ages and holds a relevant three year degree or equivalent and who is required by the employer to utilise their qualifications in the performance of this role. 2.7.9. Children's Services Co-ordinator/Assistant Director (Pay Level 5.4). 2.7.9.1. This position may be co-ordinating the program of more than one group, supervising staff, trainees and students on placement, and assisting in administrative functions. 2.7.9.2. An Assistant Director may progress to this level in accordance with clause 2- lncremental Progression. 2.7.9.3. An Assistant Director who holds an Advanced Diploma shall be paid no less than this rate. 2.7.9.4. Any other position deemed appropriate in the provision of a quality, developmentally appropriate children's services program. (Pay Level 5.5) 2.7.9.5. An Assistant Director may progress to this level in accordance with clause 2 - Incremental Progression. 2.7.10. Children's Services Employee- Four year degree equivalent (Pay level 5.4) 2.7.10.1. Is an employee who is engaged in the planning and delivery of an educational program to children of all ages and holds a relevant three year degree or equivalent and who is required by the employer to utilise their qualifications in the performance of this role. 2.7.6. An Assistant Director may progress to this level in accordance with clause 2- Incremental Progression 2.7.7. Educational leader who is nominated by the service in accordance with national regulations 2.7.8. Children's Services Employee- Three year degree equivalent (Pay level 5.3) 2.7.8.1. Is an employee who is engaged in the planning and delivery of an educational program to children of all ages and holds a relevant three year degree or equivalent and who is required by the employer to utilise their qualifications in the performance of this role. 2.7.9. Children's Services Co-ordinator/Assistant Director (Pay Level 5.4). 2.7.9.1. This position may be co-ordinating the program of more than one group, supervising staff, trainees and students on placement, and assisting in administrative functions. 2.7.9.2. An Assistant Director may progress to this level in accordance with clause 2- Incremental Progression. 2.7.9.3. An Assistant Director who holds an Advanced Diploma shall be paid no less than this rate. 2.7.9.4. Any other position deemed appropriate in the provision of a quality, developmentally appropriate children's services program. (Pay Level 5.5) 2.7.9.5. An Assistant Director may progress to this level in accordance with clause 2 - Incremental Progression. 2.7.10. Children's Services Employee- Four year degree equivalent (Pay level 5.4) 2.7.10.1. Is an employee who is engaged in the planning and delivery of an educational program to children of all ages and holds a relevant three year degree or equivalent and who is required by the employer to utilise their qualifications in the performance of this role.IN THE FAIR WORK COMMISSION FWC Matter No.: AG2022/4323 Applicant: Highgate Early Learning Centre Inc. Section 185 – Application for approval of a single enterprise agreement Undertaking – Section 190 I, David Bain, President of the Committee of Management have the authority given to me by Highgate Early Learning Centre to give the following undertakings with respect to the Highgate Early Learning Centre Enterprise Agreement 2022 ("the Agreement"): 1. In relation to 14.1, the employer will observe any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(b) of the Act. 2. In relation to 16.4.1 compassionate leave will be provided for stillbirth or miscarriage will be provided consistent with s.104(1)(b) and (c) of the Act. 3. In relation to 16.4.2, the clause is amended to add the following words at the end “and such proof being evidence which would satisfy a reasonable person”. 4. In relation to clause 16.4.3 has no operation and will not be applied under the Agreement. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. ____________________________ Signature ____________________________ Date 24/10/2022