implementation guide - Australian Education Union, Victorian Branch

to satisfy the requirements ofsub-clause (f). Provided that, foremployees who gain eligibilityunder sub-clause (f) as a resultof the extension and variationof the agreement the applicationof this clause does not takeeffect until 12 weeks followingapproval of the extension andvariation.Probation(4) (a) Except where the Employerotherwise determines eithergenerally or in a particularcase the employment of aperson on an ongoing basisis subject to a probationaryperiod for such period (not exceedingthree months) as theEmployer determines whethergenerally or in any particularcase or class of cases.(b) A person employed on probationwill remain a probationeruntil the employment is confirmedor annulled in accordancewith this clause.(c) The Employer may annul theemployment of a person atany time while on probation.(d) At the expiration of the periodof probation the Employer willeither(i) confirm the employment;(ii) annul the employment; or(iii) extend the probation for afurther period (not exceedingthree months).(e) Where the Employer extendsthe probation for a further periodthe Employer may confirmor annul the employment atany time during that furtherperiod and if the employmenthas not been confirmed or annulledbefore the expiration ofthat period the Employer willas soon as practicable confirmor annul the employment.(f) Where any employment isannulled the annulment willtake effect from such date asis determined by the Employerprovided that the date ofannulment cannot be retrospectiveand the employeeis provided with any periodof notice required under theWorkplace Relations Act 1996.(g) An employee on probation iseligible for salary progressionsubject to the requirements setout in clause 14 (2).Abandonment of employment(5) If an employee is absent for morethan 20 working days:(a) in circumstances where theEmployer could not reasonably,after due enquiry, havebeen aware of any reasonablegrounds for the absence;(b) without the permission of theEmployer; and(c) without contacting the Employerto provide an explanationfor the absence, the Employeris entitled to treat the employeeas having resigned and theemployment as having beenterminated by the employee athis or her initiative.Unsatisfactory Performance(6) (a) When it is considered that anemployee’s performance isunsatisfactory, the unsatisfactoryperformance proceduresdetermined by the Employershould be implemented. Thepurpose of the unsatisfactoryperformance proceduresis to improve the employee’sperformance to the requiredstandards. It is importantthat an employee be givenopportunity and appropriatesupport to improve his or herperformance. The assessmentof the employee must bemade against the standards ofwork and conduct expected ofthat person at their level in theschool.(b) Notwithstanding clause 14(2)salary progression will be deferredduring any period thatan employee is the subject ofunsatisfactory performanceprocedures.Excessive or unreasonable work18 (1) It is acknowledged that there arebenefits to both the Employer andthe employee where employeeshave a balance between theirprofessional and personal life.(2) Employees should have the opportunityto perform all of their dutieswithin a reasonable timeframeand have fair and reasonable conditions.In this context, the workallocated to an employee should,as far as practicable, provide foran equitable distribution of workacross all employees in the schoolrelative to the individual’s classification,salary range, role, experienceand training.(3) An employee who considers hisor her work to be excessive orunreasonable, within the terms ofthis agreement, may, if the matteris not resolved at the school, referthe matter to the Merit ProtectionBoard for determination in accordancewith the requirements fromtime to time of that body.(4) The Merit Protection Board shallconsider and determine a grievanceunder sub clause (3) havingregard to the work required bythe Employer within the ordinaryhours of work applicable to andrequired of that employee.(5) Where the Merit Protection Boardhas jurisdiction to review a decisionthat is the subject of a grievanceinstituted by an employee,this clause shall not be construedto require any action to be takenon the grievance other than thatwhich may be determined by theMerit Protection Board.Attendance19 (1) Ordinary hours of duty for fulltimeemployees are 76 hours afortnight.(2) (a) An employee employed parttime is employed to workan agreed number of regularhours less than 76 perfortnight.(b) With the exception of anemployee employed on acasual basis, all provisions ofthis agreement, other thanreimbursement of expenses,shall apply on a pro-rata basisto employees employed parttime.52 53