Return to work part-time

1) Subject to this clause 23, an Employee returning to work from parental leave may work part-time in one or more periods at any time from their return to work until the child reaches school age.

APPENDIX 1 PARENTAL LEAVE AND RELATED ENTITLEMENTS

Subsequent periods of part-time work

10) If an Employee continues to be eligible under paragraph (2), the Employee may request a subsequent period or periods of part-time work.

This clause 23 applies to any such subsequent requests as though they were an initial request for part-time work.

End of part-time work

11) In this clause 23, the former position means the permanent position held by an Employee prior to a period or periods of part-time work. If the Employee enters into a part-time work agreement upon their return to work from parental leave, the former position will be the permanent pre-parental leave position.

12) At the expiration of the part-time work agreement, if the Employer and Employee have not entered into a subsequent part-time work agreement, the Employee is entitled to return to

a) the Employee’s former position; or

b) if that position no longer exists—a commensurate position for which the Employee is qualified and suited nearest in status and pay to the former position.

d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity;

e) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service.

7) The work to be performed part-time need not be the work performed by the Employee in his or her former position but must be work commensurate with the Employee’s qualifications and experience.

Part-time work agreement

8) Before commencing part-time work under this Appendix, the Employer and Employee must enter into a part-time work agreement that contains the following information:

a) that the part-time work agreement constitutes a temporary variation of the Employee’s ongoing position;

b) details of the part-time work (including hours to be worked, days of work and commencing times for work for the specific period of the part-time work agreement);

c) the start and end dates of the period of part-time work; and

d) that the part-time work agreement may be varied by consent.

9) The terms of the part-time work agreement and any variation to it shall be in writing and retained by the Employer. A copy of the part-time work agreement and any variation to it shall be provided to the Employee by the Employer.

APPENDIX 2 REDUNDANCY

APPENDIX 2

Redundancy

APPENDIX 2 REDUNDANCY

(c) If an Employee is 45 years of age or over, the Employer shall pay in accordance with the following scale:

Period of continuous service Severance pay

Less than 1 year Nil

1 year but less than 2 years 5 weeks’ pay 2 years but less than 3 years 8.75 weeks’ pay 3 years but less than 4 years 12.5 weeks’ pay 4 years but less than 5 years 15 weeks’ pay 5 years but less than 6 years 17.5 weeks’ pay 6 years and over 20 weeks’ pay 15 years and over 25 weeks’ pay (d) “Weeks’ pay” means the ordinary time rate of pay

for the Employee concerned.

1.5 Employee leaving during notice

(a) An Employee whose employment is terminated for reasons set out in clause 1 of this Appendix may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the Employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.

1.6 Alternative employment

(a) An Employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied if the Employer obtains acceptable alternative employment for an Employee. The parties agree that the Commission has the power to vary the severance pay prescriptions and issue orders in such circumstances.

(b) Where the Employee obtains employment in another Catholic school or institution in Victoria and there is no loss of benefits (i.e. salary, Long Service Leave, sick leave, annual leave, superannuation, etc), then the Employee shall not 1 Redundancy

1.1 Redundancy

(a) Redundancy occurs when an Employer has made a definite decision that the Employer no longer wishes the job the Employee has been doing done by anyone and that decision leads to a termination of the Employee’s employment, except where this is due to ordinary and customary turnover of labour.

1.2 Discussions before termination

(a) Where a situation of potential redundancy exists, the Employer shall hold discussions in accordance with clause 5.4 of this Appendix in the case of a potential redundancy in Catholic Education in Victoria.

1.3 Transfer to lower paid duties

(a) Where an Employee transfers to lower paid duties for reasons set out in clause 1.3 of this Appendix, the Employee shall be entitled to the same period of notice of transfer as would have been the case if this employment has been terminated and the Employer may at the Employer’s option, make payment in lieu thereof an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate for the number of weeks of notice still owing.

1.4 Severance Pay

(a) In addition to the period of notice prescribed for ordinary termination in this Agreement and subject to further award of the Commission, an Employee whose employment is terminated for reasons set out in clause 1 of this Appendix shall be entitled to the following amount of severance pay in respect of a period of continuous service as defined in the clause 6 of the Agreement.

(b) If an Employee is under 45 years of age, the Employer shall pay in accordance with the

APPENDIX 2 REDUNDANCY

2 Redundancy Guidelines