Salvation Army Property Trust (Western Australia) Hospital and Salaried Officers Association

SALVATION ARMY PROPERTY TRUST (WESTERN AUSTRALIA) HOSPITAL AND SALARIED OFFICERS

ASSOCIATION ENTERPRISE AGREEMENT 2003

No. AG 281 of 2003

1

The Salvation Army Property Trust (Western Australia)

Hospital Salaried Officers Association

Enterprise Agreement 2003

1.TITLE

This Agreement shall be cited as The Salvation Army Property Trust (Western Australia) Hospital and Salaried Officers Association Enterprise Agreement 2003 (“the Agreement”) and replaces the Salvation Army (Western Australia) Property Trust trading as Hollywood Senior Citizens Village, Hillcrest Senior Citizens Residence, Seaforth Gardens Senior Citizens Residence (HSOA) Enterprise Agreement AG 5 of 2001.

2.ARRANGEMENT

Clause Page No.

1.Title1

2.Arrangement1

3.Parties3

4.Area and Scope3

5.Term of Agreement3

6.Replacement3

7.Relationship to Award3

8.Commitment4

9.Definitions4

10.Contract of Employment4

11.Casual Employees5

12.Periods of Notice5

13.Hours7

14.Meal and Tea Breaks7

15.Overtime8

16.Public Holidays8

17.Annual Leave9

18.Sick Leave 10

19.Bereavement Leave 11

20.Long Service Leave 12

21.Parental and Adoption Leave13

22.Jury Service Leave 15

23.Higher Duties Allowance 15

24.Uniform and Laundry Allowance 15

1. Fares and Motor Vehicle Allowances 16
2. Classifications and Salaries 16

27.Payment of Salaries 17

28.Salary Packaging 18

29.Superannuation 18

30.Workers Compensation 18

31.Occupational Safety and Health 19

32.Introduction of Change 19

33.Transfer 19

34.Income Maintenance 20

35.Redundancy 20

36.Union Discussion with Employees – Right of Entry 22

37.No Reduction 23

38.Evaluation and On-going Review 23

39.Posting of Agreement 23

1. Notices 23

41.Dispute Settlement Procedures 23

42. No Further Claims 24

43.Signatories 25

Appendix A Minimum Salaries 26

Appendix BClassification Definitions 31

Appendix CSalary Packaging 44

3.PARTIES

The parties to this Agreement are the Salvation Army Property Trust (Western Australia) trading as Hollywood Senior Citizens Village, Hillcrest Senior Citizens Residence and Seaforth Gardens Senior Citizens Residence, and the Hospital Salaried Officers Association of Western Australia (Union of Workers).

4.AREA AND SCOPE

(1)This Agreement shall apply to all employees eligible for membership of the Hospital Salaried Officers Association of Western Australia (Union of Workers) employed by the Salvation Army Property Trust (Western Australia) trading as Hollywood Senior Citizens Village, Hillcrest Senior Citizens Residence and Seaforth Gardens Senior Citizens Residence, which for the purposes of the Act operate as a single enterprise.

(2)In accordance with s41(A)(1c) of the Industrial Relations Act 1979 (WA), it is estimated that 55 employees are bound by this Agreement upon registration.

5.TERM OF AGREEMENT

This Agreement shall operate from the date of registration for a period of two years.

6.REPLACEMENT

(1)Notwithstanding the provisions of Clause 5. Term of Agreement, this Agreement shall continue to operate until it is replaced by a new Agreement. However, either party may at any time agree to vary or cancel the Agreement in accordance with the provisions of the Industrial Relations Act 1979 (WA).

(2)Provided that, the parties shall review the Agreement should the total wage prescribed by this Agreement for any classification fall below the relevant wage rate stipulated in the Award. Any such review shall be conducted in accordance with the State Wage Fixing Principles in operation at that time.

(3)The parties agree to commence negotiations towards a new Agreement at least three months prior to the expiry of this Agreement with the aim of having a new Agreement in place by that date.

7.RELATIONSHIP TO AWARD

(1)This Agreement shall be read and interpreted in conjunction with the Hospital Salaried Officers (Nursing Home) Award 1976.

(2)Where there is inconsistency between this Agreement and the Award, this Agreement shall take precedence.

8.COMMITMENT

The parties to this Agreement are committed to upholding the Mission, vision and values of The Salvation Army and to adhere to the principles of best practice. This includes a cooperative approach to continuous quality improvement as well as meeting and exceeding the requirements of Accreditation.

9.DEFINITIONS

(1)“Agreement” means this document.

(2)“Award” means the Hospital Salaried Officers (Nursing Homes) Award 1976.

(3)“Casual employee” means an employee engaged with no guarantee of continual or additional employment.

(4)“Continuous service” means service under an unbroken contract of employment and includes any period of parental leave, and period of leave or absence authorised by the employer.

(5)“Immediate family” means a person who is related to the employee by blood, marriage or adoption and includes a person who is wholly or mainly dependent on the employee.

(6)“Ordinary rate” means the weekly base classification rate exclusive of remuneration received by way of allowances, shift work, weekend and overtime penalties.

(7)“Temporary employee” means an employee engaged for a specific fixed term period, or periods for less than 12 months. A temporary employee shall accrue and be paid all benefits prescribed by this Agreement for time worked as if the employee was permanently employed.

(8)“Union” shall mean the Hospital Salaried Officers Association of Western Australia (Union of Workers).

(9)“Part time employee” means an employee who regularly works less than 38 hours per week.

(10)Where the terms “by agreement” are used in this Agreement, they shall mean that agreement has only been reached if freely entered into by both parties. An employee shall not be disadvantaged in any way by withholding agreement.

10.CONTRACT OF EMPLOYMENT

(1)(a)The employer shall ensure that each employee has a written contract

of employment specifying the classification level and incremental point, upon employment, and the minimum hours the employee will be engaged to work each fortnight.

(b)In the case of a temporary employee upon appointment the contract of employment shall identify the reason for which they have been employed.

(2)Where additional hours are assigned to an employee on a regular basis, the employee’s contract of employment shall be varied by letter to ensure the contract reflects the hours being worked by the employee.

11.CASUAL EMPLOYEES

(1)(a)Casual employee means an employee engaged with no guarantee of

continual or additional employment.

(b)A casual employee is an employee engaged on an hourly contract of service.

(2)(a)Casual employees shall not be engaged for less than three

consecutive hours per engagement, unless the employee requests engagement for two consecutive hours.

(b)A casual employee shall be paid 20% (divisor 38) over the rates specified for his/her class of work in lieu of leave entitlements.

12.PERIODS OF NOTICE

Employer Giving Notice

(1)Subject to this clause, the employer may only terminate the contract of employment by giving the employee the required period of notice in writing and the contract shall expire at the end of that period of notice.

(2)The required period of notice shall be:

The required period of notice shall increase by one week if the employee is over 45 years of age and has completed at least 2 years continuous service with the employer.

(3)The employer may make payment in lieu of notice where agreed between the employer and employee or where it would impracticable or unreasonable for the employee to continue employment during the notice period. Where the employer is to make a payment in lieu of notice the total must be worked out on the basis of:

(a)the employee’s ordinary hours of work;

(b)the amounts payable to the employee in respect of those hours, including allowances, loadings and penalties; and

(c)any other amounts payable under the employee’s contract of employment.

(4)Nothing in this clause affects the employer’s right to dismiss an employee without notice for serious misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period. In such circumstances the employer shall pay all monies owing up to the date of dismissal.

Employee Giving Notice

(5)The employee may only terminate his/her contract of service by giving the employer two weeks notice in writing and the contract shall expire at the end of that period of notice.

(6)If an employee fails to give the required notice or leaves during the notice period, the employer may deduct from any monies due to the employee an amount for the period of notice not given.

Casual Employees

(7)The contract of employment of a casual employee may be terminated by either party giving one hour’s notice or payment or forfeiture in lieu thereof.

Probationary Employees

(8)(a)Employees will be engaged for a probationary period of threemonths.

(b)This period may be extended if an employee’s performance requires further development to meet the required standards.

(c)The contract of employment of a probationary employee may be terminated by either party giving one day’s notice or payment or forfeiture in lieu thereof.

Temporary Employees

(9)The contract of employment of a temporary employee may be terminated by either party giving one week’s notice or payment or forfeiture in lieu thereof.

Certificate of Service

(10)Where an employee whose service terminates requests a certificate of service, a certificate signed by the employer stating the name of the employee, the period of service, whether the service was full time or part time and the classifications in which work has been carried out, shall be provided.

13.HOURS

(1)(a)The ordinary working hours of duty for a full time employee will be

thirty eight (38) per week Monday to Friday between the hours of 7am and 6pm.

(b)A part-time employee shall receive, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(2)(a)A part-time employee may agree to work additional hours/shifts

to his/her rostered hours at ordinary rates subject to the overtime parameters prescribed in this Agreement.

(b)Part-time employees accrue entitlements for additional hours worked.

(3)An employee will not be rostered to work less than three hours duration.

(4)Where an employee is required to come into work to attend a staff meeting or compulsory training session, they shall be paid for the time they attend subject to a minimum of one and half hours.

(5)By agreement between the parties, any other arrangement of hours may be worked.

(6)An employee must have a ten (10) hour break from when the previous duty ended before commencement of their next period of duty.

14.MEAL AND TEA BREAKS

Meal

(1)No employee shall be rostered to work no more than five hours without a meal break, unless an employee agrees to work up to six hours without a meal break.

(2)Meal breaks shall be a minimum of 30 minutes and shall not be counted as time worked.

Tea Breaks

(3)Morning and afternoon tea breaks of not more than seven minutes shall be allowed without deduction of pay to be taken at a time convenient to the employer.

(4)By agreement between the employer and the employee, one fifteen minute paid break may be allowed.

15.OVERTIME

(1)Overtime will only be worked with the prior approval of the employer.

(2)Overtime shall only be paid for time worked in excess of 38 hours per week.

(3)Overtime worked on Monday to Saturdays inclusive will be paid at the rate of time and a half for the first three hours and double time thereafter.

(4)Overtime worked on a Sunday will be paid at the rate of double time.

(5)Overtime worked on a Public Holiday will be paid at the rate of double time and a half.

(6)Subject to the provisions of this clause, by mutual agreement between the employer and employee, time off may be granted in lieu of payment.

(7)Time off in lieu will be calculated on a time for time basis.

(8)An employee may accumulate time off in lieu of overtime to be taken at times agreed between the employer and employee.

(9)An employee who is required to present for overtime work on a Saturday, Sunday or Public Holiday will be paid for a minimum of two hours, including when the work is completed within a shorter period.

(10)Where an employee agrees to extend duty, which is for a minimum of two hours, and includes duty over a normal meal-break, the employee shall be provided with a meal, free of charge or, a meal allowance of $11.50 (evening), $9.55 (lunch), $7.75 (breakfast).

16.PUBLIC HOLIDAYS

(1)An employee will be entitled to holidays on the following days:

(a)New Year’s day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day;

(b)As prescribed in Western Australia: Australia Day, Anzac Day, Queen’s Birthday, Labour Day and Foundation Day.

(2)When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December.

(3)When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December.

(4)When New Year’s Day, Australia Day or Anzac Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.

17.ANNUAL LEAVE

Entitlement

(1)An employee shall after the completion of each 12 months continuous service be entitled to four (4) consecutive weeks annual leave.

(2)Entitlement accrues pro rata on an hourly basis.

(3)Continuous service shall not include any period of unpaid leave other than the first month of workers’ compensation leave.

Rate of Pay

(4)Prior to commencing leave each employee’s leave shall be calculated for that period of leave as follows:

(a)The hours of leave shall be what the employee would have worked ifhe/she had been at work

(b)Where an employee has not worked regular hours the hours of leavepaid will be the average hours worked over the accrual period.

(c)The rate of wage will be what the employee would have received hadhe/she been at work, including any call allowance, shift work and weekend penalties.

Timing of Payment

(5)The employee may request in writing to have the period of annual leave paid at the commencement of the leave. This payment will be made on the closest pay cycle to the commencement of the leave being taken. Otherwise leave will be paid on normal pay dates.

Termination

(6)(a)If an employee’s employment terminates, the employee shall be paid

a pro-rata entitlement in respect to each completed week of service for which annual leave has not already been taken.

(b)Leave loading shall only apply to leave owing for completed years of service.

Taking Annual Leave

(7)Leave may be given and taken prior to an employee’s anniversary date and leave loading will be paid on that leave, however, where the employee terminates his/her employment prior to their anniversary date the employer shall have the right to deduct the pro-rata leave loading already paid from any termination pay.

(8)Annual leave may be split into portions mutually agreed to by the employer and the employee.

(9)The employee will take unused annual leave accrued during a particular period of continuous service, before the completion of the subsequent accrual period, if required to by the employer on six (6) weeks notice.

Payment in Lieu of taking Leave

(10)Employees holding in excess of a period of annual leave entitlement accrued in a year, may by request of the employee in writing, be paid out the cash equivalent of the excess amount.

18.SICK LEAVE

(1)An employee appointed full time shall accrue 76 hours paid sick leave per annum. Part time employees shall accrue sick leave proportionate to the full time equivalent hours.

(2)The entitlement shall accrue pro rata on an hourly basis.

(3)Unused portions of sick leave entitlement shall accumulate from year to year and may be taken in any subsequent year.

(4)An employee shall advise the employer prior to the commencement of the shift or as soon as reasonably practicable of their inability to attend work, the nature of illness or injury and the estimated duration of absence.

(5)An employee shall provide a medical certificate or other evidence that would satisfy a reasonable person, for any absence of more than two consecutive days.

(6)In each year of service the employer may request in writing that the employee provide evidence after:

(a)two absences of two days; or

(b)four single day absences; or

(c)any other combination of the above up to a maximum of four days.

(7)In each year of service the employer may request in writing that all absences shall be accompanied by a medical certificate or evidence after two single day absences adjacent to days off duty.

(8)An employee who suffers personal ill health or injury whilst on annual leave will be paid sick leave in lieu of annual leave subject to:

(a)Providing a medical certificate stating the illness or injury necessitated

confinement to home or hospital. The medical certificate must be provided within five (5) days of the illness or injury.

(b)The portion of annual leave coinciding with the paid sick leave is to be taken at a time agreed by the employer and employee.

(c)Where annual leave is replaced with sick leave the leave loading will be recouped in the next pay period unless otherwise agreed between the employer and employee.

(9)Where an employee receives payment under this clause and the employer subsequently receives payments in respect of the same period under the Workers Compensation and Assistance Act 1981, the employer shall reinstate the employee’s sick leave or other entitlements accordingly.

Family Leave

(10)An employee who is unable to attend or remain at work during the ordinary hours of work on the grounds of personal ill health or injury, or the ill health or injury of an immediate family member is entitled to be paid at ordinary rates for the period of the absence up to and including the number of hours which the employee was rostered to work on that day.

(11)The entitlement to use sick leave to care for a family member is subject to:

(a)Production of a certificate from a medical practitioner or other

evidence as per sub-clause (5); and

(b)The employee being responsible for the care of the person concerned;

and

(c)The person concerned being either a member of the employee’s

immediate family or a member of the employees household; and

(d)An employee only accessing five working days of their annual sick

leave entitlement in any one calendar year.

(12)In special circumstances the employer may agree to an employee accessing more of their sick leave entitlement to care for a family member.

19.BEREAVEMENT LEAVE

(1)An employee other than a casual shall be eligible for up to two (2) days bereavement leave on the death of: