ACT SCHOOL CANTEEN MANAGER’S

CONTRACT

Sample Contract with Guidelines

Following is a sample employment contract with guidelines, for use by P&C Associations and school Canteen Managers.

The attached sample contract is partly based on the contract published by the ACT School Canteens Association (ACTSCA) and is issued with thanks to the ACT SCA. It needs to be considered with any decisions ofFair Work Australia and alterations to the nominated Award.

Members using this sample contract will need to refer to the Fast Foods Award 2010and arereminded that this sample contract provides suggested guidelines only.

The ACT Council of P&C Associations accepts no legal liability in their implementation or use. It is always advisable to obtain expert advice in such matters.

Thisdocument refers to the employment situation in ACT Government schools.

Up to two (2) weeks could be allowed for parties to consider and review any contract based on this document.

Any queries about this document may be referred to the Executive Officer, ACT Council of P&C Associations.

ACT Council of P&C Associations

Sports House 100 Maitland St

HACKETT

ACT 2602

Ph 6241 5759

Email:

ACT SCHOOL CANTEEN MANAGER’S CONTRACT –

Sample with explanation/guidance

This contract should be signed by both parties when agreement to the terms has been reached

Sample Contract Details / Explanation/Guidance
Title: School Canteen Manager’s Contract
Terms of Employment
This agreement made the…day of…20XX
Between XYZ PRIMARY/HIGH SCHOOL/COLLEGE PARENTS AND CITIZENS ASSOCIATION INCORPORATED
(Hereafter called “The Association”)
and… (Name of canteen manager)
(Hereafter called “The Canteen Manager”)
Whereas The Association requires the services of a manager for the XYZPRIMARY/HIGH SCHOOL/COLLEGE and whereas The Association has agreed to employ the Canteen Manager subject to the following conditions- / Enter/delete the information as required
  1. The Association agrees to-
  1. Employ the Canteen Manager for the period commencing the…day of…20XX and
ending the …day of…20XX
with a review to be carried out after … months (or
such period as decided by the employer)
  1. Pay the Canteen Manager an hourly salary of $...... per week to be paid
fortnightly/monthly.
(delete as appropriate)
  1. The agreed classification for the canteen manager under the Fast Foods Award 2010:
School operational services grade 3 .
  1. The Canteen Manager will be a
...... employee.
and will be paid at the following rate:
$...... per hour
e.Salary will be paid by:cheque or EFT (or other arrangement)
on a: fortnightly basis in arrears
within:two (2) working days after each pay period.
(Delete/change details as required)
f.The duties of the Canteen Manager shall be as stated in the below or attached Manager’s Duty Statement (or job description) and the conditions set out therein.
g.The Associationwill provide workers’ compensation insurance cover for the Canteen Manager.
h.Provision for Long Service Leave and Superannuation entitlements apply as per the Award and recent changes to it. / (It is not mandatory to follow this procedure but a probationary period of no less than 6 months is highly recommended).
As decided by agreement between employer and employee being an amount not less than the minimum rates of pay as decided by the Fair Pay Commission under the Fair Work legislation and Fast Foods Award
Wages may be paid weekly or fortnightly as mutually arranged.
The appropriate classification for the Canteen Manager would normally be Grade 3. Lower grades may be used for other canteen staff or where the canteen manager does not perform all the duties required for a Grade 3. The list in the Award includes the following:
  • Fast Food Employee Level 1- An employee engaged in the preparation,the receipt of orders,cooking,sale,serving or delivery of meals,snacks and/or beverages which are sold to the public primarily to take away or in food courts in shopping centres.
  • Fast Food Employee Level 2-An employee who has the major responsibility on a day to day basis for supervising Fast Food employees Level 1 and/or training new employees or an employee required to exercise trade skills.
Fast Food Employee Level 3-An employee appointed by the employer to be in charge of a shop,food outlet,or delivery outlet.
Enter here either :
full time, part time, casual employee or permanent part-time staff with stand-down inschool holidays.
Note: with casual hourly rates of pay there is no entitlement to paid sick leave or public holidays but there is a 25% loading on the hourly rate.
Enter the appropriate rate as determined under the award and any recent wage cases.
Issue a pay slip indicating the dates covered by the payment, the amounts deducted for taxation and superannuation purposes and the amount of pay before and after deductions have been made.
Give to the Canteen Manager a copy of the Canteen Guidelines (if such a document exists) and Manager’s Duty Statement (or job description) and ensure they agree to their conditions.
Ensure the association has suitable Workers’
Compensation insurance.
Appoint a Canteen sub-committee to assist in the carrying out of the Association’s obligations under the contract.
  1. HOURS OF WORK
  1. The Canteen Manager will work ….…hours per week on the following weekdays:
Monday, Tuesday, Wednesday, Thursday, Friday
of each school term;
or
from … am to … pm each specified day.
  1. Payment for hours worked outside these times will be as in 1 (b).
  1. The Canteen Manager will keep an accurate record of times workedby all staff.
  1. The hours of employment may be varied by negotiation between the Manager and the Canteen sub-committee with the approval of the P & C Association.
  1. If the normal process of the school is disrupted for any reason other than teacher industrial action then the services of the Canteen Manager will not be required unless by special arrangement with the Canteen sub-committee or the Association.
/ Enter the hours and days of work as agreed with the Canteen manager.
Note: Repeat here if a permanent part time employee with school holidays off.
  1. DUTIES OF THE CANTEEN MANAGER
The Canteen Manager agrees to:
a)Comply with all policy decisions of the Canteen sub-committee as communicated by the Chair of that sub-committee or a delegate of the President.
b)Be subject to the lawful directions of the Chairof the Canteen sub-committee.
c)Inform the Chair of the Canteen sub-committee if unable to undertake duties on a particular day due to illness or other reasons.
The Canteen Manager agrees to be responsible for
the daily operation of the school canteen. The duties
are to:
  1. Order goods from approved suppliers and check deliveries for quantity and quality.
  1. Prepare the canteen for business. Prepare food for sale in an efficient manner with correct costing of items and ensuring that wastage is kept to a minimum.
  1. Ensure that all food is received, stored, prepared and served in accordance with correct hygiene and food standards as laid down in existing legislation.
  1. Maintain a safe, clean work environment and report all accidents within 24 hours. In addition the Canteen Manager must report any incident to the Association that may give rise to a claim against any insurance policy held by the Association or the school.
  1. Roster volunteers and obtain replacements, if available, and when necessary
  1. Instruct assistants/volunteers in correct food preparation and service, hygieneand general canteen routine.
  1. Conduct a stocktake when required by the Association and/or the Canteen sub-committee.
  1. Maintain adequate order and daily takings books and records of the working hours of paid staff. A daily record of names of all workers, volunteers and staff, must also be kept.
  1. Count and record the daily takings and prepare for banking. ( Bank the takings if so required)
  1. Secure the canteen at the end of the daily operations or at any time that it is left unattended.
  1. Liaise with the Canteen sub-committee on current prices, menu variations and variations to canteen operation.
  1. Notify the Canteen sub-committee if maintenance or replacement of equipment is required.
  1. Attend all meetings of the Canteen sub-committee or submit a written report.
  1. Attend meetings of the P & C Association if requested.
  1. Be conversant with all relevant Occupational Health and Safety regulations as they apply to food service, preparation and delivery.
  1. Undertake any training course as required by the Association, relevant to the conduct, management & provision of appropriate foods for the canteen. The cost for such courses to be paid by the Association
/ Include here (or as an attachment) the specific responsibilities and duties required of the Canteen Manager.
Amend/change this list as appropriate.
  1. TERMINATION and DISPUTE RESOLUTION
  1. Either party wishing to terminate employment shall give …. days written notice.
  1. In the event of any unlawful act or disciplinary
matter by the Canteen Manager resulting in dismissal, the termination may be immediate despite sub para a. above.
  1. The Manager may not be dismissed without the written approval of both Executives of the Association and the Canteen sub-committee.
  1. Dismissal shall always be in accordance with terms set out in the Award and other relevant legislation.
  1. In the event of a dispute between the parties to this contract, the parties agree to independent mediation by a qualified mediator appointed by the President of the Australian Institute of Arbitrators & Mediators ACT Branch. The cost of such service to be shared equally by the parties.
/ Enter the agreed days notice eg 28 days
  1. VARIATIONS and APPLICABLE LAW
  1. No variation to this contract shall be legally binding upon either party unless it is in writing and signed by both parties.
  1. This contract shall be interpreted under the laws and regulations of the Australian Capital Territory and the Commonwealth of Australia.The Commonwealth shall take precedence in any conflict between the two.
/ Changes to the contract can be approved by manuscript amendments to the document, so long as every amendment is signed for by each party.
  1. CONFLICT OF INTEREST
The Canteen Manager warrants that, at the date of entering into this contract, no conflict of interest exists or is likely to arise in the performance of their duties under the contract. If a conflict of interest arises during the term of the contract, the Canteen Manager undertakes to notify the Association immediately in writing of that conflict or risk.
  1. WARRANTY BY THE CANTEEN MANAGER
The Canteen Manager warrants that they have honestly disclosed to the Association, all relevant information about their person, history and circumstances which will enable the Association to determine that they are a fit and proper person to perform the duties of the Canteen Manager. They specifically warrant that they do not have any criminal history, pending criminal charges or civil court actions against them which they have not already disclosed to the Association.
They also agree to the Association undertaking a Police check of them at any time desired by the Association.

Signed this day ………………………………………….(enter date)

by:

For the Association

……………………………………………………… Signature

………………………………………………………. Printed name

………………………………………………………. Position

By the Canteen Manager

……………………………………………………….. Signature

……………………………………………………….. Printed name

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