Single Enterprise Agreement Legislative Checklist
Matter:
AG2017/1395 ANMF (Victorian Branch) (Staff and Council)
Enterprise Agreement 2016-2020
Member:
Gregory C
Prepared by:
Ileen Eshak
Lodgement date:
20 April 2017
Date prepared:
24 April 2017
Modern award(s): Clerks – Private Sector Award 2010 AND
Educational Services (Post-Secondary Education) Award 2010
Similar agreements (Q1.3): No
Union support (Form F18): Australian Services Union
–F18 NOT provided
Topic
Summary/Comments
Section 1 –
Forms and
F17 signatures: place of declaration not provided by Applicant
signature
F18: not provided (F16 notes Union Bargaining Representative involved)
requirements
Section 2 – Pre-
approval
F17-Q2.5 does not outline the date and place of voting
requirements
Section 3 –
Mandatory
Agreement: NO FLEXIBILITY TERM provided (F17-Q2.15 notes clause 38.8,
terms
but no such clause exits)
Section 4 –
National
Employment
No issues
Standards
(NES)
Section 5 –
Better off
overall test
No issues
(BOOT)
Summary notes
Published
29 December 2016
www.fwc.gov.au
1/23
Industry:
Employee Organisation
State:
Victoria
Appendix A – pay rates above Award
Pay rates:
Information Officer at 130%
Librarian at between 57.33% and 66.61%
Resources and Compliance Officer at 106.39% and 114.48%
Educational & Training Centre Manager at 63.80%
Program Educator (Curriculum Development) at 71.74%
Program Educator (Non-Curriculum Development) at 59.28%
Clinical and First Aid Coordinator at 53.14%
Industrial Designer at 103.85%
Appendix B – pay rates above Award
Assistant Finance Manager at 53.94%
Receptionist at 58.93%
Business Administration Officer at 60.84%
Administration Officer (Mail Services) at 46.50%
Executive Assistant to Secretary at 106.57%
Personal Assistant to Assistant Secretary at 76.57%
Industrial Secretary at 63.79%
Administrative Secretary – E & T at between 63.79% and 66.73%
Communications and Media Assistant at 84.38%
Minutes Secretary at 83.12%
Library Technician between 35.53 and 40.84%
Membership Services Officer Level 2 at 83.12%
Membership Services Officer at 46.50%
Information Technology Systems Administrator at 105.77%
Information Technology Support Officer / Assistant at 46.50%
Records Manager at 170.13%
Records Administrative Assistant at 32.84%
Events Officer at 114.06%
Member Liaison Officer at 99.48%
Hospitality/ Administration Assistant at 46.64%
Compliance Officer between 54.10% and 60.14%
Educational & Training Co-Ordinator between 64.48% and 72.71%
Human Resources at 93.05%
www.fwc.gov.au
2
SECTION 1 – FORMS AND SIGNATURE REQUIREMENTS
Form F16 application form (s.185, rule 24 FW Rules)
No issue
Signed and dated by employer or bargaining
Employer: Paul Gilbert
representative (if bargaining representative, instrument of Employer Representative: Philip
appointment must be provided)
Gardner
***If Representative -(F53)
Signed by: Lisa Fitzpatrick,
Branch Secretary
Form F17 employer statutory declaration (s.185,
Declaration place not provided
rule 24(1) and (2) FW Rules)
Signed by Employer: Lisa
Signed by employer and
authorised witness (including
Fitzpatrick, Branch Secretary
full name, work/residential address and
and
position/title/authority)
Authorised Witness: William
Batson, Registered Civil
Celebrant
Form F18 employee organisation statutory
declaration (s.183, s.185, rule 24(3) FW Rules) or
Form F18A employee representative statutory
declaration (s.183, s.185, rule 24(4) FW Rules)
N/A
Signed by employee organisation or employee
F18 NOT PROVIDED
representative and authorised witness (including full
name, work / residential address and
position/title/authority)
***If Union -F16 (Q4.1)
Agreement (s.185(2), reg. 2.06A FW Regs)
No issue
Signed by the employer and at least 1
Employer: Lisa Fitzpatrick,
employee/employee representative and includes full
Secretary ANMF (Vic Branch)
name, address and authority of each person
AND
Maree Burgess, President ANMF
(Vic Branch)
and
Employee: Nicole Therese
Smith, ANMF (Vic Branch)-
Representative of Employees
covered by the EA
AND
Australian Services Union –
Victorian Private Sector Branch
www.fwc.gov.au
3
SECTION 2 – PRE-APPROVAL REQUIREMENTS
Time between notification time and last notice of
No issue
representational rights (s.173(3)) (Q2.8)
Notification of Time: 21
June 2016
The employer provided the Notice of employee rep rights no
Notification of Rights: 21
later than
14 days after notification time
June 2016
Days: 0 days
Time between making of agreement (date voting
concluded) and lodging of application for approval of
No issue
agreement (s.182(1), s.185(3)) (Q2.8 & 2.9)
Date Made: 10 April 2017
Date Lodged: 24 April 2017
Agreement was lodged no later than
14 days after it was
Days: 14 days
made
Notice of representational rights provided to all employees
and in prescribed form (s.173, s.174, Sch 2.1 of FW Regs)
(Q2.3)
No issue
The
Notice of employee representational rights is in
Prescribed Form: Yes
prescribed form; and
Notice Provided: Yes
The employer took all reasonable steps taken to give the
Notice to each employee covered by the agreement and
employed at the time of notification
Genuine agreement (s.181, s.186(2)(a), s.188) – Time
between issuing of notice of representational rights and
No issue
date voting commenced) (Q2.8)
Notice Issued: 21 June 2016
Date Voted: 3 April 2017
Employees provided with the Notice of employee rep rights at
Days: 286 days
least
21 days before commencement of voting
Genuine agreement (s.186(2)(a), s.188) – Copy of
No issue
agreement given to employees or employees given access
On 22 March 2017, EA
to agreement (s.180(2)) (Q2.4)
posted onto intranet and staff
notified by email it was on
The employer took all reasonable steps to give a copy of the
intranet –staff on leave were
agreement or incorporated material to employees during the
emailed the EA
access period or provide employees with access to it by the
On 23 March 2017, casual
start of access period
staff were emailed the EA
Genuine agreement (s.186(2)(a), s.188) – Notification of
Does not specify date, place
time, place and method of voting (s.180(3)) (Q2.5)
and method of voting
The employer took all reasonable steps to notify employees of
Advice posted on the
time, place and method of vote by the start of the access
intranet and staff notified by
period
email it was there on 22/3/17
and included the manner in
which the vote was to be
conducted
Staff on leave and casual
staff notified via email on
22/3 and 23/3 respectively
www.fwc.gov.au
4
Terms of the agreement (s.180(5), s.180(6)) (Q2.6 & Q2.7)
No issue
The employer took reasonable steps to explain the terms of
On 19 October 2016, all staff
the agreement and the effect of the terms while taking into
meeting held to present and
account the particular circumstances and needs of relevant
explain terms of EA
employees
(name/contact details for
questions/further information
provided to all by email staff
on 22 or 23/3/17)
All bargaining
representatives/employees
communicated via posting
updates on intranet and
regular staff meeting updates
(material provided n
writing/summarised in
meeting)
Genuine agreement (s.186(2)(a), s.188) – Majority voted to
approve (s.182(1)) (Q2.10)
No issue
Valid Vote: 117
Did a majority of employees who cast a valid vote approve
the agreement
Voted to Approve: 114
Employees covered by agreement (s.186(3), s.186(3A))
No
(Q2.2)
Covers: Employees of the
Does the agreement cover all employees – if not, was the
Federation other than
group fairly chosen considering geographical, operational or
officers employed to work in
organisational distinctness
its Victorian Branch
Employees of the ANMF
employed in other
State/Territory Branches and
officers are NOT covered
Nominal expiry date (s.186(5)) (Q2.1)
No issue
Is the nominal expiry date more than 4 years after approval
Clause 5
date
Operate 7 days after date
approved and expire
1 November 2020
Unlawful terms, and designated outworker terms (s.172,
s.186(4), s.186(4A), s.194, s.195, s.253) (Q2.13 and 2.14)
Does the agreement contain
only lawful terms?
Unlawful terms include:
No unlawful terms
discriminatory terms
objectionable terms
Outworker terms – Clause
terms that provide for a method which an employee or
53.5
employer may elect not to be covered by the agreement
terms about unfair dismissal
terms about industrial action
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5
terms about superannuation
Particular types of workers – shift workers (s.187(4),
ss.196–200) (Q2.16)
No (as per F17 Q2.16)
Does the Agreement define or describe an employee as a shift
But, clause 8.14 of the EA
defines shiftworker
workers for the purposes of the NES
Right of entry term (s.186(4), s.194(f) & s.194(g) (Q2.13)
Does the agreement contain any terms that deal with the
Right of entry term –
rights of officials or employees or employees of employee
Clause 53.5
organisations to enter the employer’s premises
Superannuation term (s.186(4), s.194(h)) (Q2.14)
If the Agreement specifies a superannuation fund, does the
Clause 21
fund:
Employee choice or
offer a MySuper product; or
Default fund - HESTA
an exempt public sector superannuation scheme; or
superannuation fund
a fund of which a relevant employee is a defined benefit
(MySuper product)
member of
www.fwc.gov.au
6
SECTION 3 – MANDATORY TERMS
Dispute settlement term (s.186(6), reg 6.01, Sch 6.1 of
FW Regs) (Q2.15)
No issue, Clause 76
The term must:
Agreement: Yes
1) Allow for settlement of disputes in relation to NES: Yes
NES; and
Third Party: Yes
2) Allow for representation of employees
Representation: Yes
Flexibility term (ss.202–204, reg 2.08, Sch 2.2 FW
(F17 Q2.15 states Clause 38.8 –
Regs) (Q2.15)
but no such clause exists in EA
Does the term contain a flexibility term that complies
with the requirements in s.202 and s.203
No Flexibility term
provided
Consultation term (s.205, reg. 2.09, Sch 2.3 FW Regs)
(Q2.15)
The term must:
1) Require employer to consult with employees
regarding major workplace change that is likely to
have a significant effect on employees
AND
No issue, Clause 73
change to regular roster of ordinary hours of 1. S205(1)(a)Major Workplace
work; and
Change & Change Regular
Roster/Ordinary Hours: Yes
2) Allows for representation of employees for the
a. S205(1)(b)
purposes of that consultation
Representation: Yes
2. S205(1A)Regular Roster/Ordinary
Further in relation
to change to regular roster or
Hours: Yes
ordinary hours of work the term must:
a. Provide Information: Yes
b. Invite to Give Views: Yes
1) Require the employer to provide information to
c. Consider Views: Yes
employees about the change; and
2) Require the employer to invite employees to give
their views about the impact of the change; and
3) Require the employer to consider any views given
by employees about the impact of the change
www.fwc.gov.au
7
SECTION 4 – NATIONAL EMPLOYMENT STANDARDS
(s.55, s56, s.186(2)(c), s.196, s.253)
Maximum weekly hours of work (s.62 – s.64)
Clause 10
38 hours per week
Core hours of offices will be
8:45am to 5:00pm (with 40
minutes unpaid meal break)
Monday to Friday
(equates to 7.5 hours a day or
37.5 hours a week)
Not exceed 10 hours in any one
day or 45 hours in any one week
Request for flexible working arrangements (s.65 –
Clause 39 Flexible Working
s.66)
Arrangements
Section 65(1A) FW Act
Appendix 1 – Flexible Working
Arrangement Information
Statement
the employee is the parent, or has
responsibility for the care, of a
child who is of school age or
younger; YES
the employee is a carer (within the
meaning of the
Carer Recognition
Act 2010); YES
the employee has a disability; YES
the employee is 55 or older; YES
the employee is experiencing
violence from a member of the
employee’s family; YES
the employee provides care or
support to a member of the
employee’s immediate family, or a
member of the employee’s
household, who requires care or
support because the member is
experiencing violence from the
member’s family; YES
Parental leave (s.67 – s.88)
Clause 36
12 months unpaid + right to request further 12 months
12 months unpaid Long Parental
Leave and separate period of up
to 12 months of Long Parental
Leave less any period of Short
Parental Leave taken
Annual leave (s.86 – s.94)
Clause 30
4 weeks paid leave (5 weeks for shift workers)
5 weeks paid annual leave for
each year of service
Clause 30.11- maximum of 4
weeks respect of any year of
employment
Silent on shiftworkers
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8
Personal/carer’s leave (s.95 – s.107)
Clause 40
10 days paid leave + 2 days paid compassionate leave + 2
91 hours and 12 minutes in the
days unpaid leave when paid leave has been used
first year
(approx.. 12 days),
106 hours and 24 minutes in each
year in second/third/fourth
(approx.. 14 days),
and 152 hours in the fifth and
following years of service
(approx.. 40 days)
Clause 42 - Compassionate
Leave
2 day period
Clause 43 - Family Violence
Access to 20 days per year of
paid special leave for medical
appointments, legal proceedings
and other activities related to
family violence
Community service leave (s.108 – s.112)
Clause 37 Community
Contribution Leave
10 days paid jury leave + unpaid emergency service leave One day paid leave per annum to
assist volunteer to relevant
community organisation
Clause 38 Ceremonial leave
Entitled to 10 working days’
unpaid leave in any one year
(legitimately required by
Aboriginal/Torres Strait Islander
tradition)
Clause 44 – Jury Service
Entitled to pay difference
between the amount paid by
court and employee’s normal
salary
Clause 45 – Study Leave
Paid to apply maximum 4 hours
per semester week or up to 104
hours per year of paid study
leave
Clause 46 – Examination Leave
Entitled to 5 days paid
examination leave per year
(not accumulate)
Clause 47 – Professional
Development Leave
www.fwc.gov.au
9
Entitled to 5 days’ paid
Long service leave (s.113 – s.113A)
Clause 51
as per pre-reform award or NAPSA, or is silent, in
On completion of 15 years
accordance with state long service leave legislation
continuous service: 6 months
long service leave and thereafter
2 months long service leave on
completion of each additional 5
years’ service.
If completed more than 15 years’
service and employment
terminates otherwise than by
death, amount of long service
leave equal to 1/13th of period of
service since last accrual
entitlement to long service leave
plus 1.7 weeks for each year of
service beyond 5 years, less any
long service taken
Public holiday (s.114 – s.116)
Clause 18
paid day off for each public holiday (employer can
Entitled to day off work without
request employee not work if such request is reasonable)
loss of pay on a PH
Notice of termination and redundancy (s.117 – s.123)
NoT - Clause 72
Up to 4 weeks’ notice (5 weeks’ if over 45 and in job for
Employee wishing to terminate
over 2 years) depending on years of service
AND
to give minimum 4 weeks’ notice
between 4-16 weeks redundancy pay depending on years
Granted an additional day of
of service
annual leave for each additional
weeks’ notice given, to a
maximum of 5 additional day’s
annual leave (to receive this,
Employee need to give 9 weeks’
notice of termination - paid on
termination)
Silent on Employer giving
notice
Redundancy – Clause 74.11.1
Entitled to receive 4 weeks’
notice of redundancy (may
choose pay in lieu of notice)
Employees over 45 years entitled
to receive 1 extra weeks’ notice
or pay in lieu
Entitled to 4 weeks’ salary for
each completed year of service or
part thereof
Fair Work Information Statement (s.124 – s.125)
Silent
www.fwc.gov.au
10
SECTION 5 — BETTER OFF OVERALL TEST
Clerks – Private Sector Award 2010 AND
Relevant award(s)
Educational Services (Post-Secondary Education) Award 2010
Award incorporated into agreement or read in
No
conjunction with agreement?
Do the agreement classifications align with the award? No
Has the employer provided classification matching?
Yes
Pay rate comparison
There is no pay rate comparisons provided for the following:
APPENDIX 2
Senior Industrial Officer
Industrial Officer
Professional Officer
Maternity Services Officer
Mental Health Nursing Officer
Industrial Organiser
Job Representative Training Coordinator
Job Representative Training Officer
Communications Media Manager
Publications Officer
Digital Media Officer
OHS Unit Co-Ordinator
OH&S Officer
OH&S Officer (Bullying & Harassment)
Graduate OHS Officer
Marketing and Events Manager
Recruitment Officer
Graduate & Final Year Student Support Officer
Project Manager, e-Learning
E-Learning Officer
Research Officer
APPENDIX 3
Support Services Manager
Manager Membership Services
Information Technology Manager
Records Manager
Human Resources Manager
www.fwc.gov.au
11
Modern Award
Modern
Agreement Percentage
Classification
Agreement Classification
Award Rate
Rate
Difference
Senior Industrial Officer
$65.43
Industrial Officer
$59.10
Professional Officer
$59.10
Maternity Services Officer
$59.10
Mental Health Nursing
Officer
$59.10
Industrial Organiser
$50.36
Level 2**-Year2
Information Officer
$20.99
$48.47
130.92%
Job Representative
Training Coordinator
$52.26
Job Representative
Training Officer
$48.47
Communications & Media
Manager
$59.10
Publications Officer
$46.60
Digital Media Officer
$46.60
OHS Unit Co-Ordinator
$59.10
OH&S Officer
$48.47
OH&S Officer (Bullying &
Harrassment)
$48.47
Graduate OHS Officer
(Year1)
$44.66
Marketing and Events
Manager
$56.70
Recruitment Officer
$48.47
Graduate & Final Year
Student Support Officer
$48.47
General Staff Level 6**
(6.1)
Librarian
$27.97
$46.60
66.61%
-6.2
$29.62
$46.60
57.33%
Project Manager,
eLearning
$59.10
E-Learning Officer
$48.47
CPD and Environmental
Health Officer
$59.10
General Staff Level 4**
Resources and Compliance
(4.1)
Officer
$23.48
$50.36
114.48%
www.fwc.gov.au
12
-4.2
$24.40
$50.36
106.39%
Research Officer
$50.36
General Staff Level 9**
Educational & Training
Centre Manager
$36.08
$59.10
63.80%
Teachers other than
Program Educator
TESOL teachers (C)L12**
(Curriculum Development)
$30.43
$52.26
71.74%
Teachers other than
Program Educator (Non-
TESOL teachers (C)L12**
Curriculum Development)
$30.43
$48.47
59.28%
Teachers other than
Clinical and First Aid
TESOL teachers (B)**
Coordinator
$30.43
$46.60
53.14%
Level 4*
Industrial Designer
$22.86
$46.60
103.85%
*Clerks Award
**Educational Award
Modern Award
Modern
Agreement Percentage
Classification
Agreement Classification
Award Rate
Rate
Difference
Finance Manager
$62.28
Level 4*
Assistant Finance Manager
$22.86
$35.19
53.94%
Level 2*-Year 2
Receptionist
$20.99
$33.36
58.93%
Support Services Manager
$62.28
Level 2*-Year 2
Business Administration
Officer
$20.99
$33.76
60.84%
Level 2*-Year 2
Administration Officer (Mail
Services)
$20.99
$30.75
46.50%
Level 3*
Executive Assistant to
Secretary
$21.77
$44.97
106.57%
Level 3*
Personal Assistant to Assistant
Secretary
$21.77
$38.44
76.57%
Level 2*-Year 2
Industrial Secretary
$20.99
$34.38
63.79%
General Staff Level 2**
Administrative Secretary - E &
(2.1)
T
$20.62
$34.38
66.73%
-2.2
$20.99
$34.38
63.79%
Level 3*
Communications and Media
Assistant
$21.77
$40.14
84.38%
Call centre principle
customer contact
Minutes Secretary
$21.92
$40.14
83.12%
specialist*
General Staff Level 4**
(4.1)
Library Technician
$23.48
$33.07
40.84%
-4.2
$24.40
$33.07
35.53%
www.fwc.gov.au
13
Manager Membership
Services
$56.70
Call centre principle
customer contact
Membership Services Officer
specialist*
Level 2
$21.92
$40.14
83.12%
Level 2*-Year 2
Membership Services Officer
$20.99
$30.75
46.50%
Information Technology
Manager
$56.70
Level 4*
Information Technology
Systems Administrator
$22.86
$47.04
105.77%
Level 2*-Year 2
Information Technology
Support Officer/ Assistant
$20.99
$30.75
46.50%
Records Manager
$20.99
$56.70
170.13%
Level 2*-Year 2
Records Officer
$33.07
Level 1*-Year 3
Records Administrative
Assistant
$20.37
$27.06
32.84%
Level 3*
Events Officer
$21.77
$46.60
114.06%
Level 2*-Year 2
Member Liaison Officer
$20.99
$41.87
99.48%
Level 2*-Year 2
Hospitality/ Administration
Assistant
$20.99
$30.78
46.64%
General Staff Level 4**
(4.1)
Compliance Officer
$23.48
$37.60
60.14%
-4.2
$24.40
$37.60
54.10%
General Staff Level 3**
Education & Training Co-
(3.1)
Ordinator
$21.77
$37.60
72.71%
-3.2
$22.86
$37.60
64.48%
Human Resources Manager
$62.28
Level 5*
Human Resources
$26.05
$50.29
93.05%
*Clerks Award
**Educational Award
EA - Clause 20: Salaries
Fortnightly salaries in Appendix 2 and Appendix 3 – rate in Column B applies from 1/4/17
Appendix 2 & Appendix 3 – Columb B 2017 3% used for pay rates = Year 5 = calculated at 37.5 hours per week
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14
Entitlements table
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
General Staff
7am–7pm* Mon-Fri and 7am-
38 hours per week, 7am-7pm, Mon-
12.30pm Sat**, on average 38
Fri, 7am-12.30pm Saturday
hours per week or less, max 10
hours per day
8pm finishes may be required
without payment of overtime up to a
* The spread of hours may by
max of 8 weekday nights within a
altered by up to one hour at either
28 day span, provided ordinary
end of the spread, by agreement
hours worked do not exceed the
Clause 9.1 Full time
number of hours for the nominated
** Provided that where an
cycle.
Clause 10 Hours of Work
employee works in association
Core hours of offices will be
with other classes of employees
Spread of hours may be altered by
8:45am to 5:00pm (with 40
who work ordinary hours outside
up to one hour either end by mutual
minutes unpaid meal break)
the spread prescribed by this
agreement between the employer
clause, the hours during which
and a majority of employees.
Hours
ordinary hours may be worked are
(equates to 7.5 hours a day or 37.5
as prescribed by the modern
hours averaged over up to 4 weeks
hours a week)
award applying to the majority of
the employees in the workplace.
Academic Staff
38 hours per week averaged over
Monday to Friday
12 months.
Not exceed 10 hours in any
For a main lecture or tutorial 1
one day or 45 hours in any one
hours presentation shall be counted
week
as 3 hours of work (inclusive of
preparation, assessment and
consultation)
A repeat lecture (delivered within
28 days) shall be counted as 2
hours for each hour of presentation
Teachers and Tutors/Instructors
38 hours per week averaged over
12 months
Published
29 December 2016
www.fwc.gov.au
15/23
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
Each contact hour of teaching
delivery shall count as 1.5 hours
Each contact hour of delivery by a
tutor/instructor shall be counted as
1.25 hours (inclusive of admin,
assessment and consultation)
**Where a teacher works
annualised hours overtime will NOT
apply
Employed for less than the normal
ordinary hours specified for a full-
time employee, or in the case of a
teaching staff member for less than
the face-to-face teaching load of a
Engaged to perform less than the
full-time teaching staff member at
full-time hours on a reasonably
that workplace. Min 2 hours
Clause 9.2 Part time
predictable basis by agreement-
Part-time
engagement
Engaged to perform less than
min 3 hours pay
employees
full time hours – pro rata basis
Before commencement the
All time worked in excess of the
employer and employee will agree
hours as agreed: overtime rates
in writing to a regular pattern of
work. Except where hours are
averaged, hours in excess of
agreed work pattern will be
overtime an paid as such.
Academic Teachers
Casual academic teachers are paid
according to
clause 14.2. The pay
Clause 9.3 Casual
Casual
rates depend on the activities that
Minimum 4 hours
125% - min 3 hours pay
employees
the staff member is doing.
Silent on pay
Teachers, tutor/instructors and
general staff
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16
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
A teacher and a tutor/instructor will
be paid a daily rate except where
the engagement is for less than five
hours when payment will be at the
hourly rate. Where an hourly rate is
paid, it will be payable for each
hour of attendance other than for
timetabled tea breaks (in respect of
which no more than 15 minutes will
be deducted) and timetabled lunch
breaks
General staff =
Hourly rate = weekly rate / 38 +
25%
Teachers and tutors/instructors:
Daily rate = annual salary / 261 +
25%
Hourly rate = daily casual rate / 5
Teachers & Tutors - min 2 hours
General Staff - min 3 hours
Afternoon shift means any shift
finishing after 7pm and at or before
midnight: 115%
Afternoon shift means a shift
finishing after 7.00pm and at or
Clause 8.14 shiftworker
Night shift means any shift
before midnight: 115%
defined as regularly rostered
finishing after midnight, and at or
Shift
over 7 days of the week and
before 7am: 115%
Night shift means any shift
penalties
regularly works on weekends
finishing after midnight, and at or
Permanent night shift means a
before 7.00am: 115%
Silent on everything else
night shift which does not rotate
with another shift or shifts or day
Permanent night shift: 130%
work and which continues for a
period of not less than four
consecutive weeks: 130%
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17
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
Day workers
Sat: 125%
Non-shiftworker
Sun: 200% - min 4 hour payment
Saturday: 125% (work performed
within the ordinary spread of hours)
Shiftworkers
Weekend
A shiftworker whose ordinary
Silent
Sunday: 200% - min 4 hours
penalties
working period
includes a
Saturday or a Sunday as an
Shiftworker
ordinary working day: 150%
Ordinary hours Saturday and
Sunday 150%
A shiftworker whose ordinary
hours
does not include a
Saturday or Sunday: 200% - min 4
hours pay
Day worker
250%, min 4 hour payment
Clause 18 Public Holidays
The part-time employee will be
Shiftworker
paid an amount equal to
Public
A shiftworker whose ordinary
Non-shiftworker 250%
ordinary rate of pay for hours
holiday
working period
includes a public
would normally have worked on
penalties
holiday as an ordinary working
Shiftworker 150%
that day
day: 150%
Silent on penalties
A shiftworker whose ordinary
hours
does not include a public
holiday: 200% - min 4 hours pay
Clause 13 Overtime
Day workers
General Staff (non shift worker)
Overtime is time worked in
classified level 7 or below -
excess of hours of work
Within the ordinary hours but in
Overtime
excess of the hours fixed for an
Work within ordinary hours but in
With exception employees
ordinary week’s work, or, outside
excess of hours fixed for the
eligible for flexi-days, rates paid
the hours fixed:
relevant work cycle OR outside
for overtime is time and a half
hours fixed in
Clause 21.1 (this is
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18
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
for first 2 hours (150%) and
150% (first two hours) and 200%
effectively ordinary hours) 150%
double time thereafter (200%)
(thereafter) - min ½ hour pay per
(first 2 hours) 200% (thereafter)
week - min 3 hours pay on Sat if
Overtime on Saturday or
works 38 hours per week Mon-Fri
Minimum overtime period is one ½
Sunday will be at double time
hour per week.
for all hours worked (200%)
Shiftworkers
If ordinary hours are 38 worked
Silent for shiftworkers
In excess of the ordinary weekly
between Mon –Fri, min 3 hours
hours fixed:
overtime for work performed on
Saturday.
Clause 24.1(b)(c)
150% (first three hours) 200%
(thereafter)
General Staff (shift workers)
classified level 7 or below -
In excess of ordinary daily hours
on an ordinary shift:
Work in excess of ordinary hours
150% (first 3 hours) 200%
150% (first two hours) 200%
(thereafter)
(thereafter)
Work in excess of ordinary daily
hours or in excess of an ordinary
shift 150% (first 2 hours) 200%
(thereafter)
Where ordinary hours do not
include Sat, Sun or Pub Hols must
be paid 200% for all hours on these
days - min 4 hours pay
Teaching Staff and General Staff
classified at Level 8 & 9 -
An employee who is not working
annualised hours and who works
overtime will be entitled to time off
instead of overtime payment on the
basis of one hour for each hour
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19
Educational Services (Post-
Clerks - Private Sector Award
Agreement
Secondary Education) Award
2010
2010
worked
Day workers
17.5% or the relevant weekend
Clause 30.11 Annual Leave
penalty rates, whichever is the
Loading 17.5%
greater.
Annual
Maximum 4 weeks for each
17.5% or shift loadings (if greater
leave
year of service (for ease of
Shiftworkers
than 17.5%)
loading
calculation this loading is
applied as 14% over 25 days)
17.5% or the shift loading
(including relevant weekend
penalty rates) whichever is the
greater.
-Clause 24 Qualifications
Allowance
-Clause 25 Meals Allowance
-Clause 52 Entitlement to
Vehicle
Appendix 4 – Allowance:
Vehicle Allowance
o
Motor Cars
See allowances sheet for modern
See allowances sheet for modern
Allowances
o
Motor Cycles
award.
award.
o
Bicycles
Meal Allowances
Qualification Allowances
o
Hospital/Grad Certificate
o
Post Grad Diploma or
Degree
o
Masters
o
PhD
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20
BETTER OFF OVERALL TEST SUMMARY (S.186(2)(D), S.193)
This Agreement intends to cover full time, part time and casual employees engaged in the
Employee Organisation (clerical) industry, in Victoria. The relevant Awards are the Clerks –
Private Sector Award 2010 AND Educational Services (Post-Secondary Education) Award
2010, which is not incorporated into the Agreement.
The Agreement provides for the following beneficial terms:
Professional staff flex days and ADOs (full time) (clause 11)
Two intervals of 15 minutes during each day (Award provides 10 minutes) (clause 12)
Time off work to attend personal matters (clause 14)
Work from home (clause 16)
Transition to retirement provisions (clause 19)
Additional 5% Super paid (clause 21)
Qualifications allowance (clause 24)
Additional PH -Office closure-leave during Christmas (clause 29)
Additional annual leave (5 weeks) (clause 30)
Purchased leave (clause 32)
Pre-adoption leave (2 days unpaid leave) (clause 34)
Parental leave (clause 36)
Personal leave pool (clause 41)
Family violence leave (clause 43)
Jury service (clause 44)
Study, exam & professional development leave entitlements (clauses 45-47)
Coverage of course fees (maximum $20,000 per course) (clause 48)
Professional supervision (clause 49)
Career break scheme (defer 20% salary for 4 years and be paid 5th year) (clause 50)
Replacement of employees on extended leave (clause 56)
Wellness program (access up to a maximum $350 per annum) (clause 69)
Redundancy (4 weeks each year) (clause 74)
Eye Testing (during work hours) (clause 78)
The Agreement incorporates the NES and to the extent of any inconsistency, the NES prevails.
(clause 4.3)
The Agreement also provides working hours between 8:45am to 5:00pm, Monday to Friday,
whereas the Awards provide 7am to 7pm Monday to Friday and 7am to 12:30pm Saturdays.
The Agreement is silent on casual penalties but provides for a minimum 4 hours’ work,
whereas the Award provides a minimum of 3 hours pay with 125% penalty (
Clerks Award) or
pay rates depend on activities that staff member is doing (
Educational Services Award).
The Agreement is silent on shift penalties, weekend penalties and public holiday penalties. We
do note that employees appear to be paid overtime for weekend work.
The Agreement (same as the Award) provides for overtime rate at 150% for first 2 hours and
200% thereafter. Overtime on Saturday/Sunday will be at 200%.
The Agreement (same as the Award) provides for 17.5% annual leave loading (applied as 14%
over 25 days).
There are a few extra allowances under the Award (eg; clothing & footwear, living away
from home, first aid allowance), however, it is difficult to determine which allowances
Published
29 December 2016
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21/23
would be relevant to Employees.
The Agreement provides for pay rates above the Awards’ rate. However, pay rate comparisons
not provided for various classifications as no classifications matching provided. Pay rates
appear to be sufficiently above the highest rate in the Award.
The rates of pay are summarised as follows:
Appendix A
Information Officer at 130%
Librarian at between 57.33% and 66.61%
Resources and Compliance Officer at 106.39% and 114.48%
Educational & Training Centre Manager at 63.80%
Program Educator (Curriculum Development) at 71.74%
Program Educator (Non-Curriculum Development) at 59.28%
Clinical and First Aid Coordinator at 53.14%
Industrial Designer at 103.85%
Appendix B
Assistant Finance Manager at 53.94%
Receptionist at 58.93%
Business Administration Officer at 60.84%
Administration Officer (Mail Services) at 46.50%
Executive Assistant to Secretary at 106.57%
Personal Assistant to Assistant Secretary at 76.57%
Industrial Secretary at 63.79%
Administrative Secretary – E & T at between 63.79% and 66.73%
Communications and Media Assistant at 84.38%
Minutes Secretary at 83.12%
Library Technician between 35.53 and 40.84%
Membership Services Officer Level 2 at 83.12%
Membership Services Officer at 46.50%
Information Technology Systems Administrator at 105.77%
Information Technology Support Officer / Assistant at 46.50%
Records Manager at 170.13%
Records Administrative Assistant at 32.84%
Events Officer at 114.06%
Member Liaison Officer at 99.48%
Hospitality/ Administration Assistant at 46.64%
Compliance Officer between 54.10% and 60.14%
Educational & Training Co-Ordinator between 64.48% and 72.71%
Human Resources at 93.05%
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22
There is no pay rate comparisons provided for the following:
APPENDIX 2
Senior Industrial Officer
Industrial Officer
Professional Officer
Maternity Services Officer
Mental Health Nursing Officer
Industrial Organiser
Job Representative Training Coordinator
Job Representative Training Officer
Communications Media Manager
Publications Officer
Digital Media Officer
OHS Unit Co-Ordinator
OH&S Officer
OH&S Officer (Bullying & Harassment)
Graduate OHS Officer
Marketing and Events Manager
Recruitment Officer
Graduate & Final Year Student Support Officer
Project Manager, e-Learning
E-Learning Officer
Research Officer
APPENDIX 3
Support Services Manager
Manager Membership Services
Information Technology Manager
Records Manager
Human Resources Manager
It appears that Employees are better off under the Agreement than under the Award.
No BOOT issues identified.
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