4.14.1 The employing authority agrees to the implementation of salary packaging for components other than superannuation. Administrative guidelines will be made available to all employees.
4.14.2 Components that may be subject to salary packaging arrangements shall be specified by the employing authority and may include, but are not limited to: mobile phones; laptop computers; self-education expenses; motor vehicles; childcare expenses; work related equipment; accident or income protection insurance premiums; technical journal subscriptions; uniforms; protective clothing; union fees or professional association fees.
The employing authority shall notify in writing those items which may be included in the salary package.
4.15 Salary package into superannuation funds
Employees shall be permitted to elect to salary package into an approved superannuation fund, subject to compliance with superannuation legislation. Where the employing authority and individual employee agree an additional contribution may be made into a complying superannuation fund within the range of funds offered by the employing authority. This Agreement shall be subject to the following provisos:
a. The fund(s) comply with the provisions of the Superannuation Industry (Supervision) Act 1993;
b. The nominated fund is to be within the range of funds nominated by the employing authority but in any event no fund shall be a personal fund;
c. The implementation of any such arrangements shall be at the discretion of the employing authority;
d. The contribution shall be expressed as either a dollar amount or as a percentage;
e. Such salary packaging arrangements shall be available to all employees with the exception of casual employees and those employed on fixed-term contracts for less than a school year. Notwithstanding the forgoing, an employing authority , at their discretion, may make these arrangements available to casual employees and employees on fixed-term contracts;
f. The funds shall accept electronic funds transfer;
g. Any arrangements as set out in this clause shall be at the employee’s request;
h. The terms of the arrangement shall be committed to writing and signed by the employing authority and the employee;
i. A copy of the signed Agreement shall be held by the employing authority and a copy provided to the employee;
j. This arrangement may be altered only once per annum;
k. This subclause does not apply to the Archdiocese of Brisbane:
The employing authority shall apply a total employment cost (TEC) approach to make payments under the Salary Packaging Agreement.
The Employee’s TEC will be the sum of the base salary, leave loadings, locality allowances where they apply and superannuation contributions being met by the employing authority.
The parties acknowledge that within the limits prescribed in this clause the implementation of any salary packaging arrangement shall be at the discretion of the employing authority.
Notwithstanding the foregoing, the costs of administration of salary packaging for the purpose of superannuation only shall be met by the employing authority.
5 HOURS OF WORK AND RELATED MATTERS
5.1 Ordinary hours of work
This clause should be read in conjunction with clause 7.8 Hours of Duty and Schedule 5 (Hours of Duty – Teachers).
5.1.1 Hours of work conditions applying to teachers are listed at clause 7.8 of this Agreement.
5.1.2 Hours of work conditions applying to school officers are listed at clause 8.4 of this Agreement.
5.1.3 Hours of work conditions applying to boarding school and college employees are listed in Schedules 15 and 25 of this Agreement.
5.1.4 Hours of work conditions applying to other services staff are listed in the relevant schedule of this Agreement.
5.2 Meal breaks and rest pauses
5.2.1 This clause applies to employees who are teachers.
a. Meal breaks
i Teachers are entitled to an unpaid meal break of at least thirty (30) continuous minutes duration per day.
ii Where supervision or other duties have been rostered within the normal timetabled meal break, an alteration to the provision of the minimum unpaid meal break (thirty (30) minutes) may be achieved through consultation with teachers, provided that:
A. All teachers receive a minimum continuous meal break of twenty (20) minutes per day; and
B. Total period for meal breaks is no less than 150 minutes per teacher per week. This cannot be averaged over a longer period.
iii Where teachers in specialist roles are required to perform duties throughout the course of scheduled meal breaks, a meal break of at least thirty (30) minutes shall be provided at an alternative time determined by agreement between the principal and individual teachers.
b. Rest pauses
i Full-time teachers are entitled to a paid tea break of ten (10) minutes duration per day, which will be included as part of their ordinary hours. Where it is impracticable to take the tea break on a daily basis the break may be averaged over a one week period.
ii Part-time and casual teachers will be entitled to the tea break as provided in clause 5.2.1(a) only where the tea break occurs during a period of paid employment for the employee.
5.2.2 This clause applies to employees who are school officers and services staff.
a. Meal breaks
i An employee who works more than 4 ordinary hours in any one day shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day.
b. Rest pauses
i Full-time employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of each day worked.
ii Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6 consecutive ordinary hours on any one day
shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.
iii Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary.
iv Notwithstanding the foregoing, where the employer and the employees agree the rest pauses may be combined.
6 LEAVE
6.1 Annual leave – Teachers
The NES provide that an employee (other than a shift worker) is entitled to four weeks annual leave. This leave will be deemed to be taken, in the case of an employee whose employment with the employer is continuing into the next school year, in the four weeks immediately following the final term week of the current school year, unless otherwise agreed between the employer and the employee.
6.2 Annual leave - School officers and services staff 6.2.1 Entitlements
a. Full-time, part-time and fixed period employees, covered by this Agreement shall, at the end of each year of employment, be entitled to annual leave with pay as set out hereunder.
b. The accrual rate of annual leave for full-time employees shall be 152 hours per annum (ie. 4 weeks annual leave per annum on a 38 hour week basis).
c. Part-time, term-time and fixed period employees shall at the end of each school year be entitled to annual leave calculated as follows:
d. Number of weeks worked during the year x 4 weeks x average hours worked per 52 week
calculated on weeks worked.
e. Annual leave for term-time employees will be calculated in accordance with the relevant provisions of Schedule 13.
f. Annual leave shall be taken by all employees during school vacation periods unless otherwise agreed between the employer and employee.
g. If an employee and employer so agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to annual leave.
h. An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment, is not entitled to any further annual leave at the end of that year of employment.
i. An employee who has taken in advance part of the annual leave that would be due at the end of a year of employment, becomes entitled at the end of that year of employment to the part of the annual leave not already taken.
6.2.2 Calculation of annual leave pay
a. In respect to annual leave entitlements to which clause 6.2 applies, annual leave pay (including any proportionate payments) shall comprise:
i The employee's ordinary wage rate as prescribed by the Agreement for the period of the annual leave; and
ii A further amount calculated at the rate of 17.5% of the amounts referred to in clause 6.2.2 (a) (i).
b. Clause 6.2.2 (a) shall not apply to:
i Any period or periods of leave exceeding 4 weeks per annum in any other case.
ii Employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.
6.2.3 Termination (employees other than casuals)
a. If any employee shall be dismissed by the employer or voluntarily leave employment after any leave shall have become due, and without such leave having been taken, such employee shall be entitled in lieu thereof to a sum equal to salary computed at the rate of wages which the employee was earning at the date of such dismissal or leaving calculated in accordance with clause 6.2.2.
b. If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to all other amounts due to the employee, an amount equal to 1/12th of ordinary pay for the period of employment calculated in accordance with clause 6.2.2.
c. If any such leave shall not have been taken as it falls due from time to time, such leave shall be cumulative from year to year for a period not exceeding 2 years.
6.3 Long service leave
This clause is to read in conjunction with Schedule 23 (Long service leave – Teachers).
6.3.1 Accrual of long service leave
a. Teaching staff shall accrue long service leave at the rate of 1.3 weeks per year of continuous service in accordance with the provisions of Schedule 23 (Long service leave – Teachers).
b. Other staff shall accrue long service leave at the rate of 1.3 weeks per year of continuous service from 1 January 1998.
6.3.2 Access to long service leave
a. Employees are entitled to access their accrued long service leave after completing seven (7) years of continuous service. An employee is entitled to access subsequent leave, where that employee has an entitlement of four (4) weeks or more. All applications for leave will be in accordance with the provisions for taking of such leave.
b. An employee who has completed at least seven (7) years of continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.
c. The minimum period of leave that may be taken by an employee is normally one (1) week.
i In some clearly identified and demonstrated exceptional circumstances an employer may approve an application for a period less than one (1) week, but not less than one (1) day.
ii Where the period of long service leave is less than a school term (nominally ten (10) weeks) that leave should normally be taken wholly within the school term period.
iii Non-teaching term-time employees may access accrued long service leave during periods of unpaid leave, including school vacations.
d. When accessing a period of long service leave of one week or more, an employee will make an application to take long service leave by giving at least twenty (20) weeks’
notice prior to the commencement of the period of leave for which application is made.
e. When accessing a period of long service leave of less than one week, an employee will make an application to take long service leave by giving at least four (4) weeks’
notice prior to the commencement of the period of leave for which application is made (or less by mutual agreement with the principal). In emergent circumstances, where an employee is unable to provide four (4) weeks notice, notice shall be given as soon as practicable.
6.3.3 Any period of long service leave taken by an employee is exclusive of any public holiday(s), and/or paid vacation periods.
6.3.4 Interaction between personal/carer’s leave (sick leave and special responsibility leave) and long service leave
a. An employee may request to have a period of long service leave re-credited and sick leave or carer’s leave used instead for a period of illness, or a period of time used as provided in clause 6.6 (Special responsibility leave), whilst the employee is on long service leave.
b. An employee is entitled to have the period of long service leave re-credited where the period of illness, or a period of special responsibility leave, is one calendar week (seven days) or more and the request is accompanied by a medical certificate or other appropriate proof of the reason for the request.
6.3.5 When an employee has a period of long service leave re-credited (as provided in clause 6.3.4 (a)) the actual period of absence from work will not normally be extended.
6.3.6 The employer will consider the particular circumstances of applications for periods of leave without pay to be taken in conjunction with long service leave. Such applications will be considered in conjunction with existing guidelines for leave without pay.
6.3.7 Long service leave at half pay
a. Accrued long service leave (LSL) may be accessed at half pay, in accordance with clause 6.3.2 (above). In such circumstances the employee will be entitled to double the period of leave which would otherwise be applicable.
b. The period of LSL at half pay will be paid for at half the rate which would have been applicable if the employee was not accessing LSL at half pay.
c. Where an employee accesses LSL at half pay that employee will accrue all leave entitlements on a pro rata basis.
d. The facility to access long service leave at half pay is not available to employees where the time to be taken is less than four (4) weeks.
e. Where an employee accesses long service leave at half pay and where a salary packaging agreement exists, this agreement will be honoured or renegotiated. Any associated costs will be borne by the employee consistent with current salary packaging arrangements.
f. A period of LSL at half pay will be exclusive of public holidays. A public holiday occurring during a period of LSL at half pay, and which falls on a day on which the subject employee would otherwise work, will be paid for at half the rate which would have been applicable if the employee was not accessing LSL at half pay.
g. Where an employee on a period of LSL at half pay becomes ill during such period, the provisions of clause 6.3.4 will apply, except that the:
i Period of sick leave will be paid for at half the rate which would have been applicable if the employee was not accessing LSL at half pay;
ii Quantum of LSL re-credited to the employee will be half that which would have been applicable if the employee was not accessing LSL at half pay; and iii Quantum of sick leave debited from the employee’s sick leave account will be
half that which would have been applicable if the employee was not accessing LSL at half pay.
h. The provisions of this clause will apply to teachers who access a period of LSL at half pay.
i A period of LSL at half pay will be exclusive of school vacations.
ii School vacations (except for the Christmas vacation) which are within a period of LSL at half pay will be paid for at half the rate which would have been applicable if the employee was not accessing LSL at half pay.
iii School vacations (except for the Christmas vacation) which are contiguous with a period of LSL at half pay will be paid for at the rate which would have been applicable if the employee was not accessing LSL at half pay.
iv Where a teacher accesses a period of LSL at half pay which is wholly within one calendar year (as defined in paragraph (v) below), that employee will be paid a sum for the Christmas vacation calculated in accordance with the following formula:
L
P = ____ X S - A
W Where:
P Is the total amount paid to the employee for the Christmas vacation;
L Is the number of weeks actually worked plus the number of weeks debited from the employees LSL account;
W Is the number of weeks the teacher would have worked if they had not accessed LSL;
S Is the total amount which would have been paid for the calendar year if the employee was not accessing LSL at half pay;
A Is the total amount paid to the teacher in that calendar year prior to the Christmas vacation.
For the purposes of this clause, “calendar year” will be defined in one of two ways, depending on the method of employing teachers used by a particular employing authority. Where an employing authority employs teachers from 1 January to 31 December, then that is the definition of calendar year to be used in relation to that employer for the purposes of paragraph (iv). Where an employing authority employs teachers from the beginning of term one to the day before the beginning of term one in the following year, then that is the definition of calendar year to be used in relation to that employer for the purposes of paragraph (iv).
v Where a teacher accesses a period of LSL at half pay and that period extends across two calendar years, that employee will be paid in accordance with this paragraph. For the Christmas vacation at the end of each calendar year the
employee will be paid a sum calculated in accordance with the formula prescribed in paragraph (iv). All other school vacations (including, where applicable, the Christmas vacation at the beginning of a calendar year) which are within a period of LSL at half pay will be paid for at half the rate which would have been applicable if the employee was not accessing LSL at half pay.
6.3.8 Portability of long service leave
a. Long service leave accruals with Queensland Catholic education employing authorities from the nominated date shall be portable subject to paragraph 6.3.8 (d).
b. For teachers the “nominated date” described in paragraphs 6.3.8 (a) and (d) is the date identified in Schedule 23, paragraphs S23.4 (b), (c), (d) and (e) as appropriate for teachers who were employed at that date (or subsequently) by the employers identified in those paragraphs.
c. For school officers and services staff the “nominated date” described in paragraphs 6.3.8 (a) and (d) is 1 January 2004.
d. For the purposes of portability of long service leave:
i All continuous service with the employee’s employer as at the nominated date shall be portable for the purpose of long service leave accrual; and
ii All continuous service, from the nominated date, with a Catholic education employing authority shall be portable for the purpose of long service leave accrual; and
iii There must be continuity of service (as defined by the Industrial Relations Act 1999 (Qld)) between Catholic education employing authorities.
6.3.9 Cashing out long service leave
Employees who are eligible to access their accruals of long service leave (ie after 7 years service) may apply, to the employer, in writing to “cash out” a proportion of such leave instead of taking leave. Provided that:
(i) At least 5 weeks must be retained at any point of time to use as long service leave, in accordance with clause 6.3 and Schedule 23 of this Agreement;
(ii) The employee may apply to combine the cash out of some long service leave with the taking of some long service leave. In this case, the time taken in long service leave
(ii) The employee may apply to combine the cash out of some long service leave with the taking of some long service leave. In this case, the time taken in long service leave