Governor's Establishment Garden Staff General Agreement 2006 200605385 GOV035

GOVERNOR’S ESTABLISHMENTGARDEN STAFF GENERAL AGREEMENT 2006

PSAAG 11 of 2006

ARRANGEMENT

LONG SERVICE LEAVE

SCHEDULES

1.TITLE

This Agreement is a collective agreement which shall be known as the Governor’s Establishment Garden Staff General Agreement 2006.

2.ARRANGEMENT

3.DEFINITIONS

"Employer" means the Official Secretary to the Governor of Western Australia on behalf of the Governor’s Establishment.

"Employee" means a member of the Liquor Hospitality and Miscellaneous Union or eligible to be a member of the Liquor, Hospitality and Miscellaneous Union, employed in the occupation of gardener at the Governor’s Establishment.

“Union” means the Liquor, Hospitality and Miscellaneous Union WA Branch

“Parties” means the Official Secretary, on behalf of the Governor’s Establishment, the Liquor, Hospitality and Miscellaneous Union WA Branch and the employees.

“The Act” means the Governor's Establishment Act 1992.

"Government" means the Government of Western Australia.

4.APPLICATION OF THE AGREEMENT

4.1All pre-existing entitlements accrued by employees prior to this Agreement will be carried forward into this Agreement.

4.2As at the date of registration the number of employees covered by this Agreement is five (5).

4.3All parties to this Agreement will receive a copy of the Agreement.

4.4The parties to this Agreement undertake that for the term of the Agreement there shall be no wage increases sought or granted other than those provided under the terms of the Agreement. This includes wage adjustments arising out of State Wage Cases. Such increases are to be absorbed in the wages set out in the Agreement.

4.5The parties to this Agreement undertake that for the term of the Agreement there will be no further claims on matters contained in the Agreement except where specifically provided for.

5.DURATION OF THE AGREEMENT AND RENEWAL

5.1This Agreement shall operate until 31 December 2007.

5.2The parties agree to enter into negotiations to review the agreement six months prior to the expiry of the Agreement or as and when required to accommodate changes in future circumstances.

5.3The parties to this Agreement agree that should a replacement agreement not be registered by 1 January 2008, wage adjustments arising out of State Wage Cases subsequent to this date will apply to the Agreement wage rates as outlined at Schedules 1 and 2. The parties agree that any increases arising from State Wage Cases will be absorbed into the replacement Agreement’s wage increases in accordance with the provisions of this clause. At the expiry date, if no other agreement has been negotiated, the terms and conditions of this agreement will continue, subject to agreement by the parties, until an alternative agreement is finalised.

6.PURPOSE OF THE AGREEMENT

6.1The purpose of this Agreement is to ensure maintenance, improvement and development of the standard of excellence in the performance and presentation of the Governor’s Establishment. To ensure that wage parity and wage increases are provided for employees together with a core set of employment conditions.

The objectives of this Agreement are:-

to provide a work environment which supports staff through training and skills enhancement,

to pursue high levels of service and performance with recognition of individual performance through annual reviews,

to adopt flexible work practices which contributes to achievement of the Governor’s Establishment’s objectives,

to provide a safe and functional work environment,

to recognise the unique heritage values of the Governor’s Establishment and respect the privacy and confidentiality for the Vice Regal residents in the Establishment.

6.2This Agreement recognises the unique working environment and the higher standard of presentation required by the Governor’s Establishment from its employees to achieve its goals satisfactorily. All parties to this Agreement undertake to comply with the spirit and intent of the Agreement.

7.CONTRACT OF SERVICE

The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, including work, which is incidental or peripheral to the employee’s main tasks or functions.

A person may be appointed full time or part time:

on an ongoing basis; or

fixed term.

A person may be appointed on a casual basis.

Employees appointed either on an ongoing basis or for a fixed term shall be advised in writing of the terms of their appointment and such advice shall specify the dates of commencement, hours of work and in the case of fixed term contracts the termination of the contract.

Fixed Term Employees

Fixed term employees may only be used to replace an employee on paid or unpaid leave or for specific short term tasks or projects.

Part-time Employees

For employees employed on a part-time basis, entitlement to all conditions of this Agreement shall be on a pro-rata basis of a full time employee in accordance with the hours of duty worked. Under the terms of this agreement the hours of duty for a full time employee is 40 hours per week.

An employee shall receive four (4) weeks notice of any proposed variation to that employee’s ordinary hours provided that the employer shall not vary the employee’s total weekly hours of duty without the employee’s prior written consent.

Temporary variations to an employee’s working hours may be agreed to by the employer and employee without notice.

Where a part time employee is directed to work hours in excess of the employee’s ordinary hours, overtime as leave in lieu shall be accrued.

Casual Employees

Casual employees shall receive a 20% loading in lieu of annual and personal leave.

Period of Probation

All employees (excluding Casual) appointed by the employer shall initially be employed on a probationary period not exceeding three (3) months, unless a shorter period is otherwise determined by the employer.

Prior to the expiry of a probationary period of employment, the employer shall:

confirm the appointment; or

where performance issues have been identified and appropriate support and training to enhance performance have been documented the employee’s period of probation may be extended for a further period as determined by the employer, but shall not exceed a further three (3) months; or

terminate the appointment due to unsatisfactory performance.

Termination of Employment

(a)Employees employed on a full or part time basis shall give the employer written notice of their intention to resign of not less than four weeks unless a shorter period is otherwise agreed between the employer and the employee.

(b)Where an employee's services are to be terminated for any reason other than dismissal, that employee shall be given written notice of four weeks of the decision to terminate the employee's contract or, payment of salary in lieu of this notice.

(c)A casual employee may be terminated at any time by the employee or the employer by giving each other one (1) hour’s prior notice. In the event of an employee or employer failing to give the notice, the one hour’s salary shall be paid or forfeited.

(d)An employee shall be entitled to retire from the employ of the employer after attaining the age of fifty-five (55) years.

(e)A fixed term employee shall be advised in writing of the terms of the appointment and such advice shall specify leave conditions, and the dates of commencement and termination of employment.

8.HOURS OF DUTY

(a)A full time employee shall be paid for eighty (80) ordinary hours per fortnight.

(b)Employees may be required to work outside their ordinary hours. The maximum number of hours that can be worked in any one day is 10 hours.

(c)Span of ordinary hours for employees, , shall be worked between the hours of 7.00am and 6.00pm, Monday to Friday.

(d)Notwithstanding paragraph (c), employees may work up to two (2) ordinary hours per day outside the span of ordinary hours as flexitime, Monday to Friday, where the employee and employer agree.

(e)Notwithstanding paragraph (c), Government House Gardeners may commence ordinary hours from 6.00am, Monday to Friday, with the consent of the employer.

8.2Flexitime

The ordinary hours of work for an employee will be a minimum average of 40 hours a week to be worked generally Monday to Friday. These hours may be averaged over a fifty two week settlement period subject to operational requirements as agreed between the employer and the employee. The concept is that employees are required to account for 2,080 hours within the settlement period (one year). A settlement period is from 1 July to 30 June each year.

No limit is set for credit hours accumulated by an employee. Credit hours can be carried over from one settlement period to the next subject to agreement of the employer.

(a)If an employee is required to work overtime to meet operational needs, and authorised in advance by the employer, credit hours are to be accumulated and utilised as time off in quiet periods at a mutually acceptable time.

(b)An overtime claim shall be for not less than half an hour (30 minutes).

Credit hours are to be taken as flexi-leave and are subject to operational requirements as to when leave may be taken. Employees are able to add flexi-leave to annual leave and long service leave periods.

Employees with credit hours at the cessation of employment will receive payment for the credit balance in full at the ordinary rate of pay.

An employee may have a shortfall in ordinary hours called debit hours. A maximum of ten (10) debit hours may be carried over from one settlement period to the next. A maximum of forty (40) debit hours may be recorded at any other time during the settlement period.

Employees with debit hours at the cessation of employment will have the balance of the debit hours deducted from their final pay by the employer.

9.SALARIES AND WAGES

9.1The salaries and wages provided for by this agreement are those contained in Schedule 1 according to the classification of the position to which they are appointed.

9.2The first wage increase shall operate from the beginning of the first pay period on or after 1 January 2006 and the second wage increase shall operate from the beginning of the first pay period on or after 1 January 2007.

10.PAYMENT OF SALARY

10.1An employee's salary shall be paid fortnightly, but where the usual pay day falls on a Public Holiday, payment will be made on the previous working day.

10.2The salary will be paid by direct funds transfer to an account nominated by the employee at an approved bank, building society or credit union.

10.3If this form of payment is not possible, or if some exceptional circumstance exists, agreement may be made between an employee and the employer for payment by cheque.

11.SALARY PACKAGING

The parties agree that salary packaging may be available for the employees provided that any arrangement entered into is cost neutral in relation to the total cost of the employee and is in accord with the policy of the government of the day.

12.HIGHER DUTIES ALLOWANCE (HDA)

12.1When an employee is to undertake additional and higher level duties on a temporary basis for five (5) consecutive working days or more:

(a)in circumstances where the full duties of the higher position are to be performed, payment shall be at the minimum rate of pay of the substantive pay level of the higher position; and

(b)in circumstances where the employee will not be performing the full duties of the higher position, the employee shall be advised of the additional duties to be performed at the higher rate of pay.

12.2Subject to subclause 1 of this clause, employees shall be paid the higher duties allowance for the entire period during which they are undertaking the higher level duties.

13.ANNUAL LEAVE

13.1An employee shall be entitled to four (4) weeks paid annual leave for each twelve months of continuous service. Annual leave accrues pro rata on a weekly basis.

13.2Annual leave in accordance with this clause may be taken at a time agreed between the employer and the employee.

13.3Annual leave taken in advance of accruing the leave will be refunded by an employee on cessation of employment.

13.4Subject to the Employer’s agreement, annual leave must be taken in the year in which it accrues.

13.5By agreement in writing between the employer and the employee, an employee may elect to cash out up to 50% of his or her annual leave entitlement.

14.PUBLIC HOLIDAYS

14.1The following days shall be allowed as holidays with pay:

New Year's Day, Australia Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Sovereign's Birthday, Foundation Day, Labour Day, provided that the employer may approve another day to be taken as a holiday in lieu of any of the above mentioned days.

14.2When any of the days mentioned in subclause 14.1 of this clause falls on a Saturday or on a Sunday, the holiday shall be observed on the next succeeding Monday. When Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

15.LONG SERVICE LEAVE

15.1An employee is entitled to 13 weeks long service leave on full pay after each period of seven years continuous employment.

15.2Employees will be granted leave as soon as possible after becoming eligible for long service leave.

15.3Employees may access long service leave in more than one portion, including single day absences where requested by the employee.

15.4Employees may by agreement with their employer, cash out any portion of an accrued entitlement to long service leave, provided the employee proceeds on a minimum of four (4) weeks annual leave in that calendar year.

15.5For the purpose of determining an employee's long service leave entitlement, continuous employment:

(a)includes any period during which an employee is absent on approved paid leave;

(b)but does not include:

(i)any period during which the employee is absent on leave without pay;

(ii)any period during which an employee is taking long service leave entitlement, cashed out entitlement or part thereof;

(iii)any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service has actually entitled the employee to the long service leave under this clause;

(iv)any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave;

15.6Any Public Holiday occurring during an employee's absence on long service leave shall be deemed to be a portion of the long service leave and extra days in lieu thereof shall not be granted.

15.7Employees may by agreement with their employer, clear any accrued entitlement to long service leave in minimum periods of one (1) day.

15.8Employees are to clear accrued entitlement to long service leave no later than 3 years after a full leave period accrues.

15.9Employees may by agreement with their employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is fifty per cent (50%) of the accrued entitlement accessed. For the purposes of determining continuous employment, the amount of the accrued entitlement accessed is excised.

15.10When an employee aged fifty-five (55) years or over retires the employee will be paid pro rata accrued long service leave. When an employee’s service is terminated for reasons other than misconduct, and the employee has accrued at least four years continuous service since their last entitlement to long service, the employee will be entitled to receive payment for the pro rata portion of the employee’s accrued long service leave.

16.ANNUAL LEAVE LOADING

Employees shall be paid an annual leave loading of seventeen and a half per cent (17.5%) of the employee’s salary or wages for the period of annual leave entitlement in one lump sum in the first pay period in December in each year.

Annual leave loading will be paid on a maximum of four (4) weeks annual leave per annum.

An employee’s salary or wages for the purposes of this clause includes allowances or other payments which the employee would normally receive whilst on annual leave.

17.PERSONAL LEAVE

This clause shall operate on and from 1 January 2006. On commencement of the operation of this clause sick leave will cease to exist. All existing sick leave credits will be converted to cumulative personal leave and recorded in hours. Employees will receive an entitlement of 16 hours non-cumulative personal leave. An employee’s current sick leave anniversary date will be maintained for the purposes of the personal leave entitlement.

17.1Entitlement

The intention of Personal Leave is to give employees and employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave replaces sick, carers and short leave. Personal leave is not to be used for circumstances normally met by other forms of leave.

The employer shall credit each permanent employee with the following personal leave credits:

17.2Where employees access personal leave, it shall be deducted from their non-cumulative entitlement in the first instance.

17.3In the year of accrual the 120 hours personal leave entitlement may be accessed for illness or injury, carers leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year unused personal leave up to a maximum of 104 hours will be cumulative. Unused non-cumulative leave will be lost on completion of each anniversary year.