Part 1 - Central Bayside Community Health Services

OFFICE OF THE WORKPLACE AUTHORITYWORKPLACE RELATIONS ACT 1996CENTRAL BAYSIDE COMMUNITY HEALTHandAUSTRALIAN EDUCATION UNIONUNION COLLECTIVE AGREEMENT(Made pursuant to Part 8 Division 2 Section 328of the Workplace Relations Act 1996)PART 1 - APPLICATION1. TITLEThis Agreement shall be known as the Central Bayside Community HealthDisability Services Victoria (Part 1) Collective Agreement 2008 (“theAgreement”).2. ARRANGEMENTThis Agreement is arranged as follows:Subject matterClause numberPart 1 - ApplicationTitle 1Arrangement 2Definitions 3Operation and Scope of Agreement 4Incidence of agreement 5Relationship to Awards 6No Extra Claims 7Part 2 - Dispute ResolutionAnti-discrimination 8Dispute Resolution Procedures 9_________________________________________________________________________1Disability Services Victoria (Part 1) Agreement

Part 3 - Employer and Employee Duties, Employment Relationship andRelated ArrangementsEmployment Categories 10Conditions of Employment 11Termination of Employment 12Introduction of Change 13Redundancy 14Part 4 - Wage and Related MattersRates of Pay 15Higher Duties 16Payment of Wages 17Superannuation 18Salary Packaging 19Part 5 - Hours of Work, Breaks, Overtime & Shift WorkHours of work 20Meal intervals and Rest intervals 21Overtime 22Part 6 – Leave of Absence and Public HolidaysAnnual Leave 23Personal Leave 24Long Service Leave 25Parental Leave 26Examination Leave 27Study Leave 28Public Holidays 29Jury Service 30Part 7 – TravelTravelling Allowance 31Part 8 - Accident Pay and Health and SafetyAccident Pay 32Health and Safety 333. DEFINITIONS3.1 AFPC means the Australian Fair Pay Commission established in accordancewith the Act_________________________________________________________________________2Disability Services Victoria (Part 1) Agreement

3.2 APCS means an Australian Pay and Classification Scale established by theAFPC under Part 7, Division 2, Sub-division A of the Act3.3 Agreement shall mean the Central Bayside Community Health DisabilityServices Victoria (Part 1) Collective Agreement 2008.3.4 Commission shall mean the Australian Industrial Relations Commission3.5 Employee means a person employed subject to this Agreement on either afull-time, part-time or casual basis and includes a person employed on a fixedterm basis.3.6 Employer shall mean Central Bayside Community Health.3.7 Instructor means an instructor as outlined in clause 11 and appendix 1(A) –1(E) of this agreement.3.8 Non-contact time includes only such hours as those where an instructor isnot responsible for any form of client supervision.3.9 Program development days will be primarily used for direct programdevelopment activities either in groups or individually.3.10 Professional development means those activities that are undertaken by anemployee to enhance their professional practice and competence.Professional development activities and opportunities should be discussedand agreed to by both employer and employee.3.11 the Act means the Workplace Relations Act 1996 (as amended from time totime).4. OPERATION AND SCOPE OF AGREEMENT4.1 Operation of the AgreementThis Agreement shall commence on and from the date of lodgement with theWorkplace Authority and remain in force until 30 June 2009.4.2 Scope of the AgreementThis Agreement shall apply to all employees employed by the employer as anInstructor.5. INCIDENCE OF AGREEMENT5.1 This agreement shall apply to and be binding on:_________________________________________________________________________3Disability Services Victoria (Part 1) Agreement

5.1.1 Central Bayside Community Health (“the Employer”); and5.1.2 The Australian Education Union (“the AEU”), its members and thoseeligible for membership in respect of all such persons employed by theEmployer, and covered by the Disability Services Award (Victoria) 1999(“the Award”).6. AWARDS AND AGREEMENTS6.1 The parties intend that this Agreement provides a comprehensive statementof the terms and conditions of the employment of employees covered by thisAgreements.6.2 This Agreement supersedes and replaces in its entirety any previous certifiedagreement covering employment of employees covered by this Agreementwith the Employer.6.3 The Agreement operates to the exlusion of and wholly replaces any award ofthe Australian Industrial Relations Commission that would, apart from thisclause, apply to the Employment of Employees covered by this Agreement bythe Employer.7. NO EXTRA CLAIMSThe AEU, Employees and Employer bound by this Agreement acknowledge that thisAgreement settles all claims in relation to the terms and conditions of employment ofthe Employees to whom it applies and agrees that they will not pursue any extraclaims during the term of this Agreement.PART 2 – DISPUTE RESOLUTION8. ANTI-DISCRIMINATION8.1 It is the intention of the parties to this agreement to achieve the principalobject in s.3(m) of the Workplace Relations Act 1996 through respecting andvaluing the diversity of the workforce by helping to prevent and eliminatediscrimination on the basis of race, colour, sex, sexual preference, age,physical or mental disability, marital status, family responsibilities, pregnancy,religion, political opinion, natural extraction or social origin.8.2 Accordingly, in fulfilling their obligations under clause 10 – Grievance anddiscipline procedures - the respondents must make every endeavour toensure that neither the agreement provisions nor their operation are directly orindirectly discriminatory in their effects.8.3 Nothing in this clause is taken to effect:_________________________________________________________________________4Disability Services Victoria (Part 1) Agreement

8.3.1 any different treatment (or treatment having different effects) which isspecifically exempted under the Commonwealth anti-discriminationlegislation;8.3.2 an employee, employer or registered organisation, pursing matters ofdiscrimination in any State or federal jurisdiction, including byapplication to the Human Rights and Equal Opportunity Commission;and8.3.3 the exemptions in s.658(3) and (4) of the Act.9. DISPUTE RESOLUTION PROCEDURE9.1 An employee will have the right for grievances to be heard through all levelsof line management. While the dispute settlement procedures are beingfollowed, work shall not be interrupted by industrial action. No party shall beprejudiced as to the final settlement of a grievance by the continuance ofwork. Health and safety matters are exempted from this requirement.9.2 In the first instance the employee shall attempt to resolve the grievance withhis or her immediate supervisor. A chosen representative shall be present ifdesired by either party.9.3 If the employee still feels aggrieved, then the matter shall be referred to his orher manager. A chosen representative shall be present if desired by eitherparty.9.4 If the grievance is still unresolved the matter shall be referred to the ChiefExecutive Officer and a meeting arranged. A chosen representative shall bepresent if desired by either party.9.5 The above steps in sub-clauses 9.1 to 9.4 shall take place within seven daysor such longer period as may be mutually agreed.9.6 If the grievance has not been resolved to the satisfaction of the employee oreach of the relevant parties referred to herein, the dispute may be referred tothe Australian Industrial Relations Commission for resolution by mediationand / or conciliation, and if necessary, arbitration with the rights of all partiesunder the Act reserved. If arbitration is necessary the Commission mayexercise the procedural powers in relation to hearings, witnesses, evidenceand submissions which are necessary to make the arbitration effective..9.7 While the steps outlined at points 9.1 to 9.6 take place, work shall continuenormally in accordance with the custom and practice existing immediatelybefore the grievance arose until either the grievance is resolved or, if referredto the Commission, up to the first hearing and then subject to any direction ofthe Commission._________________________________________________________________________5Disability Services Victoria (Part 1) Agreement

PART THREE - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENTRELATIONSHIP AND RELATED ARRANGEMENTS10. EMPLOYMENT CATEGORIES10.1 Employees under this Agreement may be employed in any one of thefollowing categories:10.1.1 full-time employees;10.1.2 part-time employees;10.1.3 casual employees; or10.1.4 fixed term employment10.2 At the time of engagement the employer shall inform each employee in writingof the terms of their engagement, and in particular, whether they are to be fulltime,part-time, casual or fixed term.11. CONDITIONS OF EMPLOYMENT11.1 Full-time employeesA full-time employee is one who is employed and who is ready, willing andavailable to work a full week of 38 hours or an average of 38 hours as perclause 20 - hours of work.11.2 Part-time employees11.2.1 A part-time employee is one who works a constant number of hours,but less than 38 hours per week, or less than an average of 38 hoursper week, as per clause 20 – hours of work.11.2.2 A part-time employee is entitled to receive, on a pro rata basis, thesame wages and conditions as a full-time employee on the sameclassification.11.2.3 Regular part-time employees shall be paid per hour worked an amountequal to one thirty-eighth of the weekly wage rate appropriate to theemployee’s classification.11.2.4 Payment in respect of any period of sick leave (where an employeehas accumulated an entitlement) shall be on a pro rata basis madeaccording to the number of hours the employee would have worked onthe day or days on which the leave was taken, so as not to reduce theemployee’s wage below that level which such employee would havereceived had the employee not been absent._________________________________________________________________________6Disability Services Victoria (Part 1) Agreement

11.2.5 The payment or deduction of payment in lieu of notice of termination ofemployment shall be calculated on a pro rata basis.11.2.6 Any period of annual leave, long service leave, sick leave and paidparental leave to which an employee is entitled shall accrue on a prorata basis according to the number of hours worked on average overthe past twelve months.11.3 Casual employeesA casual employee is one who is engaged in relieving work or work of acasual nature and whose engagement is terminable by an employer or theemployee in accordance with the requirements of either the employer oremployee, without the requirement of prior notice by either party but does notinclude an employee who could be properly classified as full-time, part-time orfixed term.A casual employee shall be paid for all work done an amount equal to onethirty-eighth of the weekly wage appropriate to the employee’s classificationper hour plus 20 percent.The provisions of clauses 23 - Annual Leave, 24 - Personal Leave, 25 - LongService Leave and 12 - Termination, shall not apply in the case of a casualemployee.11.3.1 Casual Employees and Caring Responsibilities11.3.1(a) Subject to the evidentiary and notice requirements in clause24 Personal Leave, casual employees are entitled to not beavailable to attend work, or to leave work:_________________________________________________________________________7Disability Services Victoria (Part 1) Agreement• if they need to care for members of their immediate familyor household who are sick and require care and supportor who require care due to an unexpected emergency, orthe birth of a child; or• upon the death in Australia of an immediate family orhousehold member.11.3.1(b) The employer and the employee shall agree on the period forwhich the employee will be entitled to not be available toattend work. In the absence of agreement, the employee isentitled to not be available to attend work for up to 48 hours(i.e. two days) per occasion. The casual employee is notentitled to any payment for the period of non-attendance.11.3.1(c) The employer must not fail to re-engage a casual employeebecause the employee accessed the entitlements providedfor in this clause. The rights of the employer to engage ornot engage a casual employee are otherwise not affected.

11.4 Fixed term employment11.4.1 A fixed term employee may be engaged to work on either a full-time orpart-time basis:11.4.1(a) for the completion of a specified task(s) or project; or,11.4.1(b) leave replacement.11.4.2 This agreement shall apply to a fixed term employee except to theextent that the agreement expressly provides that it does not apply.To avoid confusion, the parties state that the exclusion in sub-clause12.1.5(c) applies only where the specific period of time for which theemployee was engaged is concluding, or where the specified task forwhich the employee was engaged has been completed.11.4.3 When offering employment on a fixed term basis, the employer shalladvise the employee in writing of the temporary nature of theemployment, the actual or expected duration of employment, and thatemployment beyond the period is not expected.12. TERMINATION12.1 Notice of termination by employer12.1.1 In order to terminate the employment of an employee, the employershall give to the employee the period of notice specified in the tablebelow:Period of continuous servicePeriod of notice1 year or less 1 weekOver 1 year and up to the completion of 3 years 2 weeksOver 3 years and up to the completion of 5 years 3 weeksOver 5 years of completed service4 weeks12.1.2 In addition to the notice in 12.1.1, employees over 45 years of age atthe time of the giving of the notice with not less than two yearscontinuous service, are entitled to an additional week’s notice.12.1.3 Payment in lieu of the prescribed notice in 12.1.1 and 12.1.2 must bemade if the appropriate notice period is not required to be worked.Provided that employment may be terminated by the employee workingpart of the required period of notice and by the employer makingpayment for the remainder of the period of notice._________________________________________________________________________8Disability Services Victoria (Part 1) Agreement

12.1.4 The required amount of payment in lieu of notice must equal or exceedthe total of all amounts that, if the employee’s employment hadcontinued until the end of the required period of notice, the employerwould have become liable to pay to the employee because of theemployment continuing during that period. That total must becalculated on the basis of:12.1.4(a) the employee’s ordinary hours of work (even if not standardhours); and12.1.4(b) the amounts ordinarily payable to the employee in respect tothose hours, including (for example) allowances, loading andpenalties; and12.1.4(c) any other amounts payable under the employee’s contract ofemployment.12.1.5 The period of notice in this clause does not apply:12.1.5(a) in the case of dismissal for serious misconduct12.1.5(b) to apprentices;12.1.5(c) to employees engaged for a specific period of time or for aspecific task or tasks;12.1.5(d) to trainees whose employment under a traineeshipagreement or an approved traineeship is for a specifiedperiod or is, for any other reason, limited to the duration ofthe agreement; or12.1.5(e) to casual employees12.1.6 For the purposes of this clause, continuity of service shall be calculatedin the manner prescribed by clause 25 – Long Service Leave of thisagreement.12.2 Notice of termination by employee12.2.1 The notice of termination required to be given by an employee is thesame as that required of an employer, save and except that there is norequirement on the employee to give additional notice based on theage of the employee concerned.12.2.2 If an employee fails to give the notice specified in 12.1.1 the employerhas the right to withhold monies due to the employee to a maximumamount equal to the amount the employee would have received under12.1.4._________________________________________________________________________9Disability Services Victoria (Part 1) Agreement

12.3 Transmission of businessWhere a business is transmitted from one employer to another, as set out inclause 14 - Redundancy, the period of continuous service that the employeehad with the transmittor or any prior transmittor is deemed to be service withthe transmittee and taken into account when calculating notice of termination.However, an employee shall not be entitled to notice of termination orpayment in lieu of notice for any period of continuous service in respect ofwhich notice has already been given or paid for.12.4 Job search entitlementWhere an employer has given notice of termination to an employee, anemployee shall be allowed up to one day's time off without loss of pay for thepurpose of seeking other employment. The time off shall be taken at timesthat are convenient to the employee after consultation with the employer.13. INTRODUCTION OF CHANGE13.1 Employer’s duty to notify13.1.1 Where the employer has made a definite decision to introduce majorchanges in production, program, organisation, structure or technologythat are likely to have significant effects on employees, the employershall notify the employees who may be affected by the proposedchanges and if requested by an affected employee, the AEU or otherrepresentative.The employer shall notify the affected employee, and if requested theAEU or other representative, no less than 14 days before anyimplementation of change, including any change to the employees’employment.If circumstances, outside the control of the employer, necessitateurgent action, the 14 day notice period shall not apply.13.1.2 “Significant effects” include termination of employment; majorchanges in the composition, operation or size of the employer’sworkforce or in the skills required; the elimination or diminution of jobopportunities, promotion opportunities or job tenure; the alteration ofhours of work; the need for retraining or transfer of employees to otherwork or locations; and the restructuring of jobs. Provided that wherethe Agreement makes provision for alteration of any of the mattersreferred to herein an alteration shall be deemed not to have significanteffect.13.2 Employer’s duty to discuss change_________________________________________________________________________10Disability Services Victoria (Part 1) Agreement

13.2.1 The employer shall discuss with the employees affected and ifrequested the AEU or other representative, the introduction of thechanges referred to in 13.1.1 hereof, the effects the changes are likelyto have on employees and measures to avert or mitigate the adverseeffects of such changes on employees. The employer shall give promptconsideration to matters raised by the employees and/or if requestedthe AEU or other representative in relation to the changes.13.2.2 The discussions shall commence as early as practicable after a definitedecision has been made by the employer to make the changes referredto in 13.1.1 hereof.13.2.3 For the purpose of such discussion, the employer shall provide inwriting to the employees concerned and if requested the AEU or otherrepresentative, all relevant information about the changes including thenature of the changes proposed; the expected effects of the changeson employees and any other matters likely to affect employeesprovided that any employer shall not be required to discloseconfidential information the disclosure of which would be against theemployer’s interests.14. REDUNDANCY14.1 Definitions14.1.1 Business includes trade, process, business or occupation andincludes part of any such business.14.1.2 Redundancy occurs where an employer has made a definite decisionthat the employer no longer wishes the job the employee has beendoing done by anyone and that decision leads to the termination ofemployment of the employee, except where this is due to the ordinaryand customary turnover of labour.14.1.3 Small Employer means an employer who employs fewer than 15employees14.1.4 Transmission includes transfer, conveyance, assignment orsuccession whether by agreement or by operation of law andtransmitted has a corresponding meaning.14.1.5 Week’s pay means the ordinary time rate of pay for the employeeconcerned. Provided that such rate shall exclude:• overtime;• penalty rates;• disability allowances;• shift allowances;_________________________________________________________________________11Disability Services Victoria (Part 1) Agreement

• special rates;• fares and travelling time allowances;• bonuses; and• any other ancillary payments of a like nature.14.2 Transfer to lower paid dutiesWhere an employee is transferred to lower paid duties by reason ofredundancy the same period of notice must be given as the employee wouldhave been entitled to if the employment had been terminated and theemployer may at the employer’s option, make payment in lieu thereof of anamount equal to the difference between the former ordinary rate of pay andthe new ordinary time rate for the number of weeks of notice still owing.14.3 Severance pay14.3.1 Severance pay – other than employees of a small employerAn employee, other than employees of a small employer as defined inclause 14.1.3, whose employment is terminated by reason ofredundancy is entitled to the following amount of severance pay inrespect of a period of continuous service:Period of continuous serviceLess than one yearOne year and less than two yearsTwo years and less than three yearsThree years and less than four yearsFour years and less than five yearsFive years and less than six yearsSix years and less than seven yearsSeven years and less than eight yearsEight years and less than nine yearsNine years and less than ten yearsTen years and overSeverance PayNil4 weeks’ pay*6 weeks’ pay7 weeks’ pay8 weeks’ pay10 weeks’ pay11 weeks’ pay13 weeks’ pay14 weeks’ pay16 weeks’ pay12 weeks’ pay* Week’s pay is defined in 14.1.14.3.2 Severance pay –small employerAn employee of a small employer as defined in clause 14.1.3, whoseemployment is terminated by reason of redundancy is entitled to thefollowing amount of severance pay in respect of a period of continuousservice:Period of continuous serviceLess than one yearOne year and less than two yearsTwo years and less than three years_________________________________________________________________________12Disability Services Victoria (Part 1) AgreementSeverance PayNil4 weeks’ pay*6 weeks’ pay

Three years and less than four yearsFour years and over7 weeks’ pay8 weeks’ pay* Week’s pay is defined in 14.1.14.3.3 Provided that the severance payment shall not exceed the amount towhich the employee would have earned if employment with theemployer had proceeded to the employee’s normal retirement date.14.3.4 Continuity of service shall be calculated in the matter prescribed byclause 25 – Long Service Leave.14.4 Employees leaving during the notice periodAn employee given notice of termination in circumstances of redundancy mayterminate his/her employment during the period of notice as set out in clause12 – Notice of Termination. In this circumstance the employee will be entitledto receive the benefits and payments they would have received under thisclause had they remained with the employer until the expiry of the notice, butwill not be entitled to payment in lieu of notice.14.5 Alternative employment14.5.1 An employer, in a particular redundancy case, may make application tothe Commission to have the general severance pay prescription variedif the employer obtains acceptable alternative employment for anemployee.14.5.2 This provision does not apply in circumstances involving transmissionof business as set in 14.7.14.6 Job search entitlement14.6.1 During the period of notice of termination given by the employer inaccordance with 12.1, an employee shall be allowed up to one day’stime off without loss of pay during each week of notice for the purposeof seeking other employment.14.6.2 If the employee has been allowed paid leave for more than one dayduring the notice period for the purpose of seeking other employment,the employee shall, at the request of the employer, be required toproduce proof of attendance at an interview or they shall not receivepayment for the time absent. For this purpose a statutory declarationwill be sufficient14.6.3 The job search entitlements under this subclause apply in lieu of theprovisions of 12.4.14.7 Transmission of business_________________________________________________________________________13Disability Services Victoria (Part 1) Agreement

14.7.1 The provisions of this clause are not applicable where a business isbefore or after the date of this agreement, transmitted from anemployer (in this subclause called the transmittor) to anotheremployer (in this subclause called the transmittee), in any of thefollowing circumstances:14.7.1(a) Where the employee accepts employment with thetransmittee which recognises the period of continuousservice which the employee had with the transmittor and anyprior transmittor to be continuous service of the employeewith the transmittee; or14.7.1(b) Where the employee rejects an offer of employment with thetransmittee:14.8 Employees exemptedThis clause does not apply to:• in which the terms and conditions are substantiallysimilar and no less favourable, considered on an overallbasis, than the terms and conditions applicable to theemployee at the time of ceasing employment with thetransmittor; and• which recognises the period of continuous servicewhich the employee had with the transmittor and anyprior transmittor to be continuous service of theemployee with the transmittee.• employees terminated as a consequence of serious misconduct thatjustifies dismissal without notice;• probationary employees;• employees engaged for a specific period of time or for a specified task ortasks; or• casual employees._________________________________________________________________________14Disability Services Victoria (Part 1) Agreement

PART FOUR - WAGES AND RELATED MATTERS15. RATES OF PAY15.1 Wage rates15.1.1 InstructorsOld Rate3% eff: 1 st payperiod on orafter1 July 2006AFPC eff: 1 Dec20063% eff: 1 st payperiod on orafter 1 July 2007AFPC eff: 1 Oct20073% eff: 1 st payperiod on or after1 July 2008Band IIIByAppointmentCIVICS,ACRACSOr equivalentMinimumQualificationBand IEntry LevelBand IIIInstructorBand IIInstructorBand IInstructorLevel Weekly Weekly Weekly Weekly Weekly Weekly2 831.98 856.94 N/A 882.65 N/A 909.131812.31 836.68 N/A861.78N/A887.6311 792.64 816.42 N/A 840.91 N/A 866.1410 777.89 801.23 N/A 825.27 N/A 850.039 750.43 772.94 N/A 796.13 N/A 820.018 730.76 752.68 N/A 775.26 N/A 798.527 708.22 729.47 729.99 751.35 N/A 773.896 688.76 709.42 716.12 730.70 N/A 752.625 674.36 694.59 701.72 715.43 N/A 736.894 653.17 672.77 680.53 692.95 N/A 713.743 638.78 657.94 666.14 677.68 N/A 698.012 614.79 633.23 642.15 652.23 652.41 671.801636.86 637.92 655.97600.30 618.31 627.66- Certificate IV in Community Services (Disability – Community and Adult Training & Support Services), ACRACs or equivalents is the minimumqualification at Band 2.- Progression within the band level is by annual increment subject to clause 15.3 of this Agreement- Appointment to a vacancy is based on merit using articulated criteria and processes_________________________________________________________________________15Disability Services Victoria (Part 1) Agreement

15.1.2 Program ManagersOld Rate3% eff: 1 st payperiod on or after1 July 2006AFPC eff: 1 Dec20063% eff: 1 st payperiod on orafter 1 July 2007AFPC eff: 1 Oct20073% eff: 1 st payperiod on orafter 1 July 200Weekly Weekly Weekly Weekly Weekly WeeklyProgram Manager: Grade 1 Centre:(Qualified:960.32 N/A 989.13 N/A 1018.80tertiary, Certificate IV* ACRACS or equivalent) 932.35Program Manager: Grade 1 Centre: (81 &923.49 N/A 951.19 N/A 979.73over) 896.59Program Manager: Grade 2 Centre(Qualified:940.64 N/A 968.86 N/A 997.93tertiary, Certificate IV *,ACRACS or equivalent) 913.24Program Manager: Grade 2 Centre: (41 to 80904.44 N/A 931.57 N/A 959.52adults) 878.10Program Manager: Grade 3 Centre(Qualified:919.71 N/A 947.30 N/A 975.72tertiary , Certificate IV ACRACS or equivalent) 892.92Program Manager: Grade 3 Centre: (up to 40877.37 N/A 903.69 N/A 930.80adults) 851.82Ass. Program Manager: Grade 1907.35 N/A 934.57 N/A 962.61Centre:(Qualified: tertiary, Certificate IVACRACS or equivalent) 880.92Ass. Program Manager: Grade 1 Centre 863.53 889.44 N/A 916.12 N/A 943.60Ass. Program Manager: Grade 2888.43 N/A 915.08 N/A 942.53Centre:(Qualified: tertiary Certificate IVACRACS or equivalent) 862.55Ass. Program Manager: Grade 2 Centre: 845.89 871.27 N/A 897.41 N/A 924.33_________________________________________________________________________16Disability Services Victoria (Part 1) Agreement

15.2 Minimum Rate of Pay – Employer GuaranteeIn accordance with Part 7, Division 2 of the Workplace Relations Act 1996, anemployee who is covered by an APCS must be paid a basic periodic rate ofpay for each of the employee’s guaranteed hours (pro rata for part hours) thatis at least equal to the basic periodic rate of pay that is payable to theemployee under the APCS.Should the APCS rate of pay exceed that prescribed in the Agreement, theAPCS rate of pay shall constitute the minimum rate of pay to be paid to theemployee.15.3 Incremental ProgressionIncremental Progression is subject to meeting the requirements of the banddescriptors and based on satisfactory performance in the previous year inaccordance with the Performance Management Program (“PMP”).All employees will participate in the employer's PMP. In cases where aPerformance Management Review is delayed, the anniversary date shall notbe changed and any increase in salary will be paid retrospectively to theanniversary date. Movement to the next highest salary point will be effectivefrom the employee's anniversary date.An employee who has been on leave without pay in excess of three months,in aggregate, in a twelve month period, shall have the review delayed by theperiod of absence. Any resultant increase shall also be delayed by the periodof absence. The delay will alter the employee's anniversary date with respectto this sub-clause.Employees will progress annually, subject to satisfactory performance in thePMP review process, to the next incremental point within the band range oftheir level of appointment, until the top salary point is reached.Where an employer is not satisfied that an employee's performance has metthe requirements for the award of an increment the employee shall beinformed of specifically how they have failed to meet the key criteria. Theemployee will be given an opportunity to raise mitigating circumstances orongoing professional development of which the employer might be unaware.After considering any response from the employee the employer shall make arecommendation to defer or deny an increment if they consider that theemployee has still not met the requirements for an incremental increase. Anyrecommendation shall include reasons and be provided in writing to theemployee.The recommendation by the employer to deny or defer an increment must bemade, where practicable, no less than three months prior to the end of therelevant incremental period._________________________________________________________________________17Disability Services Victoria (Part 1) Agreement

For part-time Instructors an equivalent full instruction year shall comprise1,505 hours. An increment shall be paid for every 1,505 hours completed.For casual Instructors an equivalent full instruction year shall comprise 1,484hours. An increment shall be paid for every 1,484 hours completed.15.4 QualificationsBand I (Instructor)No qualifications requiredBand II (Instructor) Minimum qualification Certificate IV inCommunity Services (Disability) (orequivalent)15.5 RecruitmentThe employer may advertise a position at any particular Band level as definedin Appendix 1A to 1E.On appointment staff shall be given credit for their previous years ofexperience which is relevant or deemed to be relevant to the field andoutcomes of previous competency reviews and relevant qualifications,provided such prior service, review outcomes and qualifications aredocumented and relevant to the band level of the advertised position.For each completed year of relevant experience, an additional salaryincrement must be paid within the employee’s relevant band.Relevant experience includes:• employment in Adult Training and Support Services.• employment in a comparable position in a Residential Service with asimilar client group.• employment in a relevant occupation in an Employment Service.• employment as a teacher in a related environment.Explanatory notes:• An employer may advertise a position as Band 1, Band 2 or Band 3. Onappointment to a particular band level an employee will be given credit forprevious relevant experience as specified in Clause 13.3 of the Agreement.Credit for previous experience will not take an employee beyond the bandlevel to which they are appointed. In recognition of the need for a trained andskilled workforce, an employee appointed to Band 1 level should beencouraged to undertake studies for Certificate IV in Community Services(Disability - Community and Adult Training and Support Services) and furtherencouraged to apply for a Band 2 position as it becomes available.• An employee appointed to a Band 1 level will progress annually (subject toincremental review) to the top of that Band level. Appointment to a higherBand level will be subject to qualification requirements, a vacancy arising andselection on merit._________________________________________________________________________18Disability Services Victoria (Part 1) Agreement

• An employee appointed to a Band 2 level will progress annually (subject toincremental review) to the top of that Band level. Appointment to a higherBand level will be subject to qualification requirements, a vacancy arising andselection on merit.• An employee appointed to a Band 3 level will progress annually (subject toincremental review) to the top of that Band level.• It is recommended to employers that when a position is advertised at aparticular band level that the salary range be included in the advertisement.This will assist the prospective employee to differentiate between each bandlevel.16. HIGHER DUTIESAny employee who is called upon to perform the duties of another employee on ahigher classification under this Agreement for any period of one day or more shall bepaid for the period for which the duties are assumed at a rate not less than theMinimum rate prescribed for the classification applying to the employee so relieved.17. PAYMENT OF WAGES17.1 Wages shall be paid not later than Thursday following the end of thefortnightly pay period provided that this subclause will not come into effect ifany unforeseen event outside the control of the employer frustrates theemployer’s ability to meet the requirements of this subclause.17.2 When notice of termination of employment has been given by an employee oran employee’s services have been terminated by an employer, payment of allwages and other monies owing to an employee shall be made to theemployee.17.3 When an employee receives his or her wages he or she shall be given a payslip which shows wages and superannuation contributions and anydeductions, in accordance with the regulations made under the WorkplaceRelations Act 1996 or successors thereto.18. SUPERANNUATIONThe subject of superannuation is dealt with extensively by legislation including theSuperannuation Guarantee (Administration) Act 1992, the SuperannuationGuarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993and the Superannuation (Resolution of Complaints) Act 1993 (collectively thesuperannuation legislation). This legislation, as varied from time to time, governs thesuperannuation rights and obligations of the parties._________________________________________________________________________19Disability Services Victoria (Part 1) Agreement

18.1 DefinitionsFor the purpose of this clause:18.1.1 Fund means either Heath Super or HESTA.18.1.2 Ordinary time earnings means the actual ordinary rate of pay theemployee receives for ordinary hours of work including shift, Saturdayand Sunday allowances.18.2 The Employer contributionsIn order to avoid paying the superannuation guarantee charge, the Employermust, in accordance with the governing rules of the relevant Fund, make suchsuperannuation contributions as defined in 18.1.2 for the benefit of anemployee.18.3 Voluntary employee contributions18.3.1 Subject to the governing rules of the relevant Fund, an employee whowishes to make contributions to the Fund, may either forward their owncontribution directly to the fund administrators or authorise theEmployer in writing to pay into the Fund from the employee’s wages,amounts specified by the employee.18.3.2 Employee contributions to the Fund deducted by the Employer at anemployee’s request shall be held in the employee’s behalf and subjectto individual agreement shall meet the following conditions:18.3.2(a) The amount of contributions shall be expressed in wholedollars.18.3.2(b) An employee shall have the right to adjust the level ofcontribution made on his or her behalf from the first month,following the giving of three months’ written notice to theEmployer.18.3.2(c) Contributions deducted under this clause shall be forwardedto the Fund at the same time as contributions under 18.2.18.4 Employer to join Fund18.4.1 The Employer must, in accordance with the governing rules of therelevant Fund, make superannuation contributions to any of thefollowing funds:18.4.1(a)Health Super; and18.4.1(b) HESTA_________________________________________________________________________20Disability Services Victoria (Part 1) Agreement

18.5 Default Fund18.5.1 In the event that an employee does not elect to join a fund specified inClause 18.4.1 the employer shall forward the employees contributionsto Health Super.18.6 Absence from workSubject to the governing rules of the Fund of which an employee is a member,the following provisions shall apply:18.7 Paid LeaveContributions shall continue whilst a member of a Fund is absent on paidannual leave, sick leave, long service leave, public holidays, jury service,bereavement or other paid leave.Contributions shall not be made during any other period of absence.18.8 Approved Status18.8.1 If the Fund ceases to be a complying superannuation fund under thesuperannuation legislation, or if the Fund fails to conform fully to thestandards laid down by the Office of the Insurance and SuperannuationCommissioner the Employer may suspend the Employer contributionsimmediately and until such time as compliance is achieved.18.8.2 Upon compliance being re-established, the Employer shall paycontributions that would have been payable during the period the Fundfailed to comply with the appropriate standards.18.9 Settlement of DisputesAny dispute in relation to the application of Clause 18 is to be dealt with inaccordance with Clause 9 – Disputes and Grievance Procedure.19. SALARY PACKAGINGAll employees covered by the Agreement will have access to salary packagingarrangements as follows:19.1 By agreement with the employee, the current rate of pay specified in theAgreement may be salary packaged in accordance with the requirements ofthe Employer.19.2 The employee shall compensate the Employer from within their baseremuneration, for any FBT incurred as a consequence of any salarypackaging arrangement the employee has entered into. Where the employee_________________________________________________________________________21Disability Services Victoria (Part 1) Agreement

chooses not to pay any of the costs associated with their salary packaging,the Employer may cease the employee’s salary packaging arrangement.19.3 The parties agree that in the event that salary packaging ceases to be anadvantage to the employee (including as a result of subsequent changes toFBT legislation), the employee may elect to convert the amount packaged tosalary. Any costs associated with the conversion to salary shall be borne bythe employee and the Employer shall not be liable to make up any benefit lostas a consequence of an employee’s decision to convert to salary.19.4 The employee shall be responsible for all costs associated with theadministration of their salary packaging arrangements, provided that suchcosts shall be confined to reasonable commercial charges as levied directlyby the external salary packaging provider and/or in-house payroll service (asapplicable), as varied from time to time.19.5 The parties recommend to employees who are considering salary packagingthat they seek independent financial advice. The Employer shall not be heldresponsible in any way for the cost or outcome of any such advice, andfurthermore, the parties agree that the employee shall pay any costsassociated with salary packaging.19.5 Superannuation contributions paid by the Employer into an approved fund willbe calculated on the rate for the employee’s classification as varied by thisAgreement.PART FIVE - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK20. HOURS OF WORKClause 20.1 applies to those Employees who are employed on or after the dateof lodgement of the Agreement or to those Employees who agree to be part ofthis sub-clause.20.1 The hours for an ordinary week’s work shall be 38, or be an average of 38 perweek in a fortnight, or in a four week period of 152 hours to be worked in anyarrangement of shifts as follows:20.1.1 The span of ordinary hours shall be from 7am to 10pm, Monday toSunday, unless otherwise agreed between the Employer andEmployee;20.1.2 The span of ordinary hours shall not exceed twelve hours in any oneday and 48 hours in any one week.20.1.3 Where it is proposed that work be carried out on Saturday and/orSunday, the following shall apply:(i)an employee shall receive two consecutive days off, and_________________________________________________________________________22Disability Services Victoria (Part 1) Agreement

(ii)(iii)any ordinary time worked on Saturday and/or Sunday will bepaid at time and one quarter. The extra quarter shall be takenas time in lieu except where the employer and the employeeagree that payments may be made at the same rate as the timein lieu.any time worked that is additional to 38 hours shall attract therates as prescribed for time off in lieu/overtime.Clause 20.2 applies to those Employees who were employed prior to the dateof lodgement of the Agreement.20.2 The ordinary hours of work shall be 152 per four week period to be workedeither:20.2.1 Monday to Friday between the hours of 7.30 a.m. and 7.30 p.m. andshall be worked as required by the employer as either:• twenty days of not more than 7.6 consecutive hours each;or• a maximum of 9 consecutive hours in any one day with a maximumaverage of 38 hours per week over a four week period by providingfor rostered days off;or• by mutual agreement any other arrangement provided that thelength of any ordinary day shall not exceed 12 consecutive hoursand provided that no more than 48 hours may be worked in any oneweek.The actual starting and finishing time shall be arranged at theworkplace,OR20.2.2 Where it is proposed that work be carried out on Saturday andSundays, the following shall apply:• by agreement between the employer and the employee, anemployee may work ordinary hours on any five days out of sevenbetween the hours of 7.30 a.m. and 7.30 p.m. provided that:(i)an employee receives two consecutive days off, and(ii)_________________________________________________________________________23Disability Services Victoria (Part 1) Agreementany ordinary time worked on Saturday and Sunday will beremunerated at time and one quarter. The extra quartershall be taken as time in lieu except where the employer and

the employee agree that payments may be made at thesame rate as the time in lieu.(iii)any time worked that is additional to 38 hours shall attractthe rates as prescribed for time off in lieu/overtime.20.3 Non Contact HoursTime in excess of client attendance shall be spent in preparation andevaluation. A minimum of five hours non contact time shall be provided eachweek in a period or periods of not less than 30 minutes duration.20.4 RostersA roster setting out the employees’ daily ordinary working hours,commencement and finishing times shall be posted where it can be readilyseen by all employees.Except in emergency situations seven (7) days notice shall be given of achange in the roster.Rosters may be fixed by mutual agreement.20.5 Program Development and Professional Development DaysThe instructors of each Adult Training & Support Service (ATSS) shall beentitled to a Minimum of four days per annum of which a minimum of 3 shallbe Program Development Days with such days being used for programdevelopment purposes. The actual date of any Program Developmental Daysshall be agreed to between the employer and the majority of employees. Oneday shall be allocated for professional development activities in accordancewith the employer’s professional development/training policies.21. MEAL INTERVALS AND REST INTERVALS21.1 Meal intervals21.1.1 Centre Based Activities21.1.1(a) Except as provided in 21.1.1(b), a meal interval of not lessthan 30 minutes and not more than 60 minutes shall beallowed to each employee during each shift. Such mealinterval shall not be counted as time worked.21.1.1(b) Where an employee is required, by the employer, to remainavailable for work during the meal break, the meal break willbe counted as time worked.21.1.2 Community Based and/or External Day Program(s)_________________________________________________________________________24Disability Services Victoria (Part 1) Agreement

21.2 Rest intervalsWhere an employee is required to participate in Community Basedand/or External Day Program(s) the employee will be required toremain available for work during the meal break and the meal break willbe counted as time worked.At a time suitable to the employer, a rest interval of ten minutes shall be givento all employees during each four (4) hours worked. Such rest break shall becounted as time worked.22. OVERTIME / TIME OFF IN LIEU22.1 An employee who is required by the employer to work at any time outside theordinary hours of work (as defined in clause 20) shall be entitled to time off inlieu without loss of pay on the following basis:22.1.1 for additional hours worked on weekdays the employee shall receiveone hour time off in lieu for each hour worked; and22.1.2 for hours worked on Saturday and Sunday the employee shall receiveone and a half hours off in lieu for each hour worked.22.2 Where the employer and the employee so agree, overtime payments may bemade at the same rate as time in lieu as specified above.22.3 Participation in staff development, strategic planning meetings or staffmeetings outside ordinary hours may attract one hour time off in lieu for eachhour of participation provided participation is voluntary and approved by theemployer.22.4 Camps22.4.1 Instructors who agree to participate in camps shall be entitled to aminimum of one half day off in lieu of each overnight stay at camp.Camps which are conducted on weekends shall incur time off in lieuprovisions which allow for a minimum of two days off for each nightspent at camp.22.4.2 An instructor required for overnight stays in independent living housesmaintained by the Committee of Management shall receive a Minimumof one half-day off in lieu of each authorised overnight stay.Authorisation shall be by way of agreement in advance between theCommittee of Management and the employee concerned.22.4.3 Time off in lieu entitlements shall be agreed between the employer andemployee and the agreed entitlement properly recorded. An instructorentitled to time off in lieu shall avail themselves of this entitlement by_________________________________________________________________________25Disability Services Victoria (Part 1) Agreement

agreement with their employer, within six months of the entitlementbeing accrued and in any event within the calendar year to which itapplies. In the event that the time in lieu is not taken within thecalendar year the employee will receive overtime payments which areto be made at the same rate as time in lieu.PART SIX - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS23. ANNUAL LEAVE23.1 Period of leaveAn employee, other than a casual employee, shall be entitled to six weeksannual leave on ordinary pay after twelve months of continuous service.Provided that an employee who during the year in which his or her annualleave accrues is rostered to work ordinary hours on thirty or more weekends,shall be entitled to an additional week’s leave.Annual leave accrues pro rata on a four (4) weekly basis.23.2 Annual leave exclusive of public holidaysThe annual leave prescribed in 23.1 shall be exclusive of any of the holidaysprescribed in clause 26 - Public holidays and if any such holiday falls within anemployee’s period of annual leave and is observed on a day on which in thecase of an employee would have been an ordinary working day there shall beadded to the period of annual leave time equivalent to the ordinary time whichthe employee would have worked if such day had not been a holiday.23.3 Part-time entitlement23.3.1 A part-time employee shall be entitled to annual leave on a pro-ratabasis of the leave prescribed in clause 23.1 for a full-time employee.23.3.2 Provided that where the ordinary hours for a part-time employee havevaried over a period of accrual for annual leave, the average ordinaryhours shall be determined and used as the basis for calculating thepayment for annual leave.23.4 Termination of employment23.5.1 An employee terminating employment during the year shall be entitledto pro rata holiday pay for the time worked.23.5.2 All accrued annual leave including leave loading shall be paid out atthe current ordinary rate on termination.23.5 Time of taking leave_________________________________________________________________________26Disability Services Victoria (Part 1) Agreement

23.5.1 Where clause 23.6 does not apply, annual leave shall be given ortaken at a mutually agreed time as determined between the employeeand their manager, but not more than 12 months after the right to theleave accrued unless agreed to by both parties.23.5.2 A minimum of one months notice shall be given by the employee or theemployer before going on annual leave.23.6 Employer close down23.6.1 Where an employer closes down a centre, or a section or sectionsthereof, for the purposes of allowing annual leave to all or the bulk ofthe employees in the centre, or section or sections concerned, thefollowing provisions shall apply with regard to those employees whoare in their first year of employment and who may not yet be entitled tothe full leave entitlement:23.6.1(a) The employer may, be giving not less than four weeks’ noticeof intention to do so, stand down for the duration of the closedownall employees in the centre, section or sectionsconcerned, and allow to those who are not qualified for a fullentitlement to annual leave for twelve months continuousservice on a proportionate basis at the appropriate rate of payin respect of the weeks already worked.23.6.1(b) If in the first year of service with an employer an employee isallowed proportionate annual leave under the provisions ofthis clause and subsequently within such year lawfully leavesthe employment or the employment is lawfully terminated bythe employer, the employee shall be entitled to the benefit ofpro rata leave on termination subject to adjustment for anyproportionate leave which may have been allowed.23.6.2 Pro rata entitlement shall be assessed by using the following formula:number of weeks worked over 46 (being the number of working weeksin the normal year x 6 weeks leave) i.e.No. of weeks worked* x 646 1from which result shall be deducted the annual leave already taken.For the purposes of this clause a working week is a week in which thecentre is open on at least three days.*Note: Weeks worked includes any period of paid leave or workcovermake-up pay period.23.7 Entitlement to cash out Annual Leave_________________________________________________________________________27Disability Services Victoria (Part 1) Agreement

During each twelve (12) month period, an employee shall be entitled to applyin writing to the employer, to forego up to 1/26 th of the nominal hours workedby an employee for the employer during the period.A maximum of 2 weeks annual leave can be cashed out in any twelve (12)month period.The employee is entitled to receive payment in lieu of the amount of annualleave foregone at a rate that is no less than the employee’s ordinary rate ofpay at the time that the election is made.The employer shall be able to authorise the foregoing of annual leave butshall not be able to require the employee to forego an entitlement of annualleave.23.8 Annual Leave LoadingIn addition to the payments prescribed in 23.1 of this clause an employeeshall receive a loading of 17.5% on a maximum of four weeks annual leave inrespect of any one year of employment or a proportion of four weeks orpayment in lieu thereof due to respect of any period of employment less thanone year.23.9 Calculation of Continuous Service23.9.1 For the purposes of this agreement a year of employment shall bedeemed to be unbroken notwithstanding:23.9.1(a) any annual leave, long service leave, paid sick leave or paidparental leave taken therein;23.9.1(b) any interruption or ending of the employment by the employerif such interruption or ending is made with the intention ofavoiding obligations in respect of annual leave or long serviceleave;23.9.1(c) any absence from work of not more than fourteen days in theyear of employment on account of accident or illness onunpaid sick leave or make-up pay,23.9.1(d) any absence on account of leave (other than annual leave,long service leave, paid sick leave or paid parental leave)granted imposed or agreed to by the employer;23.9.1(e) any absence on any other account not involving termination ofemployment.and in calculating a year of employment, absences of a kind mentionedin clauses 23.9.1(a), 23.9.1(b) or 23.9.1(c) shall be counted as part of_________________________________________________________________________28Disability Services Victoria (Part 1) Agreement

the year of employment but in respect of absences of a kind mentionedin clauses 23.9.1(d), and 23.9.1(e) it will be necessary for theemployee as part of his or her qualification for annual leave to servesuch additional period as equals the period of such absences.24. PERSONAL LEAVE24.1 Paid personal leave is available to an employee when absence is due to:personal illness or injury (sick leave); orfor the purposes of caring for an immediate family or householdmember that is sick and requires the employee’s care and support(carer’s leave) or;because of bereavement on the death of an immediate family orhousehold member (bereavement leave).24.2 The amount of paid personal leave to which an employee is entitled is set outbelow under provisions dealing with the types of personal leave describedabove.24.3 Sick Leave24.3.1 In the event of an employee becoming sick and unfit for duty (acertificate of a legally qualified medical practitioner or a statutorydeclaration signed by the employee shall be satisfactory evidence ofsickness), the employee shall be entitled to sick leave on full pay:24.3.1(a) Full-time employeesFifteen days in each year of service24.3.1(b) Part-time employees_________________________________________________________________________29Disability Services Victoria (Part 1) AgreementOn a pro rata basis corresponding to their year of service,and weekly hours as it relates to full-time employee24.3.1(c) Sick leave shall accrue pro rata on a four (4) weekly basis.24.3.2 Provided that an employee may be absent through sickness withoutfurnishing evidence of such sickness as provided in 24.3.1, for notmore than five days in any one year of service, provided that a periodof absence does not exceed three consecutive days.24.3.3 Provided further that an employee’s entitlement to payment forpersonal injury or sickness upon production of a statutory declarationshall be limited to not more than three occasions in each year inrespect to absences not exceeding three consecutive working days.

24.3.4 If the full period of sick leave as prescribed in 24.1 hereof is not takenin any one year, such portion as is not taken shall be cumulative fromyear to year.24.3.5 The employer shall not terminate the service of an employee during thecurrency of any period of sick leave, with the object of avoiding his/herobligations under this clause.24.4 Bereavement Leave24.4.1 An employee shall on notice be entitled:24.4.1(a) on the death or serious illness within Australia of a spouseincluding a de facto spouse, same-sex partner, father,mother, brother, sister, child, step-child, mother-in-law,father-in-law, grand-parent, grand-child or next of kin;24.4.1(b) on the death outside of Australia of a spouse including a defactor spouse, same-sex partner, father, mother, brother,sister, child or next of kin;to leave without deduction of pay for a period not exceeding thenumber of hours worked by the employee in three ordinary days' workper permissible occasion. Proof of such death or in the case of seriousillness, dependence for care of such relation shall be furnished by theemployee to the satisfaction of the employer.24.4.2 Provided that this clause shall have no effect while the period ofentitlement to leave under it coincides with any other period ofentitlement to leave.24.5 Carer’s Leave24.5.1 An employee with responsibilities in relation to either members of theirimmediate family or members of their household who need their careand support shall be entitled to use, in accordance with this subclause,up to ten days (comes off their sick leave entitlement) per annum forabsences to provide care and support for such person when they areill.24.5.2 The employee shall, if required, establish by production of a medicalcertificate or statutory declaration, the illness of the person concernedand that the illness is such as to require care by another.24.5.3 The entitlement to use sick leave in accordance with this clause issubject to:24.5.3(a) the employee being responsible for the care of the personconcerned; and_________________________________________________________________________30Disability Services Victoria (Part 1) Agreement

24.5.3(b) the person concerned being either:24.5.3(b)(i) a member of the employee's immediate family; or24.5.3(b)(ii) a member of the employee's household.24.5.4 The term immediate family includes:24.5.4(a) a spouse (including a former spouse, a de facto spouse and aformer de facto spouse) of the employee. A defacto spouse,in relation to a person, means a person who lives with the firstmentioned person as the husband or wife or same sexpartner of that person although not legally married to thatperson; and24.5.4(b) a child or an adult child (including an adopted child, a stepchildor an ex-nuptial child), parent, grandparent, grandchildor sibling of the employee or spouse of the employee.24.5.5 The employee shall, wherever practicable, give the employer noticeprior to the absence of the intention to take leave, the name of theperson requiring care and their relationship to the employee, thereasons for taking such leave and the estimated length of absence. If itis not practicable for the employee to give prior notice of absence, theemployee shall notify the employer of such absence at the firstopportunity on the day of absence.24.5.6 Unpaid leave for family purposeAn employee may elect, with the consent of the employer, to takeunpaid leave for the purpose of providing care to a family member whois ill.25. LONG SERVICE LEAVE25.1 Entitlement25.1.1 An employee shall be entitled to long service leave with pay, in respectof continuous service with one and the same employer in accordancewith the provisions of this clause.25.1.2 An employee shall have the following entitlement to long service leave:From the date of certification each employee shall be entitled on thecompletion of ten years' continuous service – 3 months long serviceleave and thereafter an additional one and a half months long serviceleave on the completion of each additional five years' service._________________________________________________________________________31Disability Services Victoria (Part 1) Agreement

25.1.3 In addition, in the case of an employee who has completed more thanten years service and whose employment is terminated otherwise thanby the death of the employee, an amount of long service leave equal toone-forty-fifth of the period of that employee’s service since the lastaccrual of entitlement to long service leave under 25.1.2.25.1.4 Where an employee who has completed at least ten years service dieswhile still in the employ of the employer, the employer shall pay to suchemployee’s personal representative a sum equal to the pay of suchemployee for one-fortieth of the period of that employee’s service inrespect of which leave has not been allowed or payment made prior tothe death of that employee.25.1.5 Where an employee ceases their employment with the employer aftereight or more years but less than 10 years of service with thatemployer they shall be paid out 80% of the pro rata accrual of longservice leave with that employer.25.1.6 Where an employee with at least five years but less than eight yearsservice ceases employment with an employer due to serious ill healththe employee shall be paid out 60% of their pro-rata accrual of longservice leave with that employer. The employee shall providecertification from the treating medical practitioner indicating that theirincapacity is such that continued employment is not possible and thatill-health retirement is recommended.25.1.7 Where an employee with at least five years but less than eight yearsservice with an employer dies, 60% of their pro-rata accrual of longservice leave will be paid to the estate of the employee.25.2 Service entitling to leave25.2.1 For the purposes of this clause service shall be deemed to becontinuous notwithstanding:25.2.1(a) the taking of any annual leave, long service leave, paid sickleave or paid parental leave;25.2.1(b) any absence from work of not more than fourteen days in anyone year on account of unpaid sick leave;25.2.1(c) any interruption or ending of the employment by the employerif the interruption or ending is made with the intention ofavoiding obligations in respect of long service leave or annualleave;25.2.1(d) any absence on account of injury arising out of or in thecourse of the employment of the employee for a period duringwhich payment is made under clause 34 - Accident pay;_________________________________________________________________________32Disability Services Victoria (Part 1) Agreement

25.2.1(e) any leave of absence of the employee where the absence isauthorised in advance in writing by the employer to becounted as service;25.2.1(f) any absence from work of an employee on unpaid parentalleave for a period not exceeding twelve months in respect ofany pregnancy or adoption;25.2.1(g) any other absence of an employee by leave of the employer,or on account of injury arising out of or in the course of his orher employment not covered by clause 25.2.3.25.2.2 In calculating the period of continuous service of any employee, anyinterruption or absence of a kind mentioned in clauses 25.2.1(a) to25.2.1(e) shall be counted as part of the period of their service, but anyinterruption or absence of a kind mentioned in clauses 25.2.1(f) and25.2.1(g) shall not be counted as part of the period of service unless itis so authorised in writing by the employer.25.2.3 The onus of providing a sufficient aggregate of service to support aclaim for any long service leave entitlement shall at all times rest uponthe employee concerned.25.2.4 The employer shall keep or cause to be kept a long service record foreach employee, containing particulars of service, leave taken andpayments made.25.3 Payment for period of leave25.3.1 Payment to an employee in respect of long service leave shall bemade, at the discretion of the employee in one of the following ways:25.3.1(a) in full in advance when the employee commences his or herleave; or25.3.1(b) at the same time as payment would have been made if theemployee had remained on duty; or25.3.1(c) in any other way agreed between the employer and theemployee.25.3.2 Where the employment of an employee is for any reason terminatedbefore the employee takes any long service leave to which he or she isentitled or where any long service leave accrues to an employeepursuant to clause 25.1.2 hereof the employee shall subject to theprovisions of clause 25.3.3 be entitled to pay in respect of such leaveas at the date of termination of employment._________________________________________________________________________33Disability Services Victoria (Part 1) Agreement

25.3.2(a) Where any long service leave accrues to an employeepursuant to clause 25.1.2 hereof the employee shall beentitled to pay in respect of such leave as at the date oftermination of employment.25.3.3 Where an increase occurs in the ordinary time rate of pay during anyperiod of long service leave taken by the employee, the employee shallbe entitled to receive payment of the amount of any increase in pay atthe completion of such leave.25.4 Taking of leave25.4.1 When an employee becomes entitled to long service leave such leaveshall be taken at a mutually agreed time as determined between theemployee and their manager.25.4.2 Any long service leave shall be exclusive of any public holidayoccurring during the period when leave is taken.25.4.3 With the agreement of the employer, an employee may take their longservice leave entitlement at half pay over twice the time span, or atdouble pay over half the time span, or some other combination asagreed.25.5 DefinitionsFor the purposes of this clause the following definitions apply:25.5.1 Pay means remuneration for an employee's normal weekly hours ofwork calculated at the employee's ordinary time rate of pay provided inclause 15 - Rates of pay, hereof at the time the leave is taken or (if theemployee dies before the completion of leave so taken) as at the timeof his or her death; and shall include the amount of any increase to theemployee's ordinary time rate of pay which occurred during the periodof leave as from the date such increase operates.25.5.2 Month shall mean a calendar month.26. PARENTAL LEAVESubject to the terms of this clause employees are entitled to maternity, paternity /support and adoption leave and to work part-time in connection with the birth oradoption of a child.The provisions of this clause apply to full-time, part-time and eligible casualemployees, but do not apply to other casual employees.An eligible casual employee means a casual employee:_________________________________________________________________________34Disability Services Victoria (Part 1) Agreement

(a)(b)employed by the employer on a regular and systematic basis for severalperiods of employment or on a regular and systematic basis for an ongoingperiod of employment during a period of at least 12 months; andwho has, but for the pregnancy or the decision to adopt, a reasonableexpectation of ongoing employment.For the purposes of this clause ‘continuous service’ is work for an employer on aregular and systematic basis.An employer must not fail to re-engage a casual employee because:(a)(b)the employee or employee’s spouse is pregnant; orthe employee is or has been immediately absent on parental leaveThe rights of an employer in relation to engagement and re-engagement of casualemployees are not affected, other than in accordance with this clause.26.1 Definitions26.1.1 For the purpose of this clause child means a child of the employeeunder the age of one year except for adoption of a child where ‘child’means a person under the age of five who is placed with the employeefor the purposes of adoption, other than a child or step-child of theemployee or of the spouse of the employee or a child who haspreviously lived continuously with the employee for a period of sixmonths or more.26.1.2 Subject to 26.1.3 in this clause, spouse includes a de facto or formerspouse including same-sex partner or former partner.26.1.3 In relation to 26.5, spouse includes a de facto spouse or same-sexpartner but does not include a former spouse or former same-sexpartner.26.2 Basic entitlement26.2.1 After 12 month’s continuous service, parents shall be entitled to acombined total of 52 weeks paid and unpaid parental leave on ashared basis in relation to the birth or adoption of their child. Forpregnant females maternity leave may be taken and for males andsupporting female partners paternity / support leave may be taken.The paid component is as follows:• An employee (excluding eligible casuals) will be entitled to fourweeks salary upon commencement of maternity leave;_________________________________________________________________________35Disability Services Victoria (Part 1) Agreement

• An employee who is the primary care giver (excluding eligiblecasuals) will be entitled to four weeks salary upon commencementof adoption leave, and• An employee (excluding eligible casuals) will be entitled to oneweek salary upon commencement of paternity leave26.2.2 Subject to 26.3.6, parental leave shall be available to only one parentat a time, except that both parents may simultaneously take:26.3 Maternity leave26.2.2(a) for maternity leave and paternity / support leave, a period of 5days which need not be taken consecutively;26.2.2(b) for adoption leave, a period of up to three weeks at the time ofplacement of the child.26.3.1 An employee must provide notice to the employer in advance of theexpected date of commencement of parental leave. The noticerequirements are:26.3.1(a) of the expected date of confinement (included in a certificatefrom a registered medical practitioner stating that theemployee is pregnant) - at least ten weeks written notice;26.3.1(b) of the date on which the employee proposes to commencematernity leave and the period of leave to be taken - at leastfour weeks written notice.26.3.2 When the employee gives notice under 26.3.1(a) the employee shallalso provide a statutory declaration stating particulars of any period ofpaternity / support leave sought or taken by her spouse and that for theperiod of maternity leave she shall not engage in any conductinconsistent with her contract of employment.26.3.3 An employee shall not be in breach of this clause if failure to give thestipulated notice is occasioned by confinement occurring earlier thanthe presumed date.26.3.4 Subject to 26.2.1 and unless agreed otherwise between the employerand employee, an employee may commence parental leave at anytime during her pregnancy. Provided that an employer may, by givingfourteen days’ notice in writing to a female employee, require her tocommence maternity leave at any time within six weeks immediatelyprior to the expected date of birth.26.3.5 Where an employee continues to work within the six week periodimmediately prior to the expected date of birth, or where the employeeelects to return to work within six weeks immediately after the birth of_________________________________________________________________________36Disability Services Victoria (Part 1) Agreement

the child an employer may require the employee to provide a medicalcertificate stating that she is fit to work on her normal duties.26.3.6 Special maternity leave26.3.6(a) Where the pregnancy of an employee not then on maternityleave terminates within 28 weeks other than by the birth of aliving child, the employee may take unpaid special maternityleave of such periods as a registered medical practitionercertifies as necessary.26.3.6(b) Where an employee is suffering from an illness not related tothe direct consequences of the confinement, an employeemay take any paid sick leave to which she is entitled in lieu of,or in addition to, special maternity leave.26.3.6(c) Where an employee not then on maternity leave suffers anillness related to her pregnancy, she may take any paid sickleave to which she is then entitled and such further unpaidspecial maternity leave as a registered medical practitionercertifies as necessary before her return to work. Theaggregate of paid sick leave, special maternity leave andparental leave, including parental leave taken by a spouse,shall not exceed 52 weeks.26.3.7 Where leave is granted under 26.3.4, during the period of leave anemployee may return to work at any time, as agreed between theemployer and the employee, provided that time does not exceed fourweeks from the recommencement date desired by the employee.26.4 Paternity / Support leave26.4.1 An employee will provide to the employer at least ten weeks prior toeach proposed period of paternity / support leave with:26.4.1(a) a certificate from a registered medical practitioner whichnames his/her spouse, states that she is pregnant and theexpected date of confinement, or states the date on which thebirth took place; and26.4.1(b) written notification of the dates on which s/he proposes tostart and finish the period of paternity / support leave; and26.4.1(c) a statutory declaration stating:26.4.1(c)(i) s/he will take that period of paternity / supportleave to become the primary care-giver of achild;_________________________________________________________________________37Disability Services Victoria (Part 1) Agreement

26.4.1(c)(ii) particulars of any period of maternity leavesought or taken by his/her spouse; and26.4.1(c)(iii) that for the period of paternity / support leaves/he will not engage in any conduct inconsistentwith his/her contract of employment.26.4.2 The employee shall not be in breach of 26.4.1 if the failure to give therequired period of notice is because of the birth occurring earlier thanexpected, the death of the mother of the child, or other compellingcircumstances.26.5 Adoption leave26.5.1 The employee will notify the employer at least ten weeks in advance ofthe date of commencement of adoption leave and the period of leave tobe taken. An employee may commence adoption leave prior toproviding such notice, where through circumstances beyond the controlof the employee, the adoption of a child has taken place earlier.26.5.2 Before commencing adoption leave, an employee will provide theemployer with a statutory declaration stating:26.5.2(a) the employee is seeking adoption leave to become theprimary care-giver of the child;26.5.2(b) particulars of any period of adoption leave sought or taken bythe employee’s spouse; and26.5.2(c) that for the period of adoption leave the employee will notengage in any conduct inconsistent with their contract ofemployment.26.5.3 An employer may require an employee to provide confirmation from theappropriate government authority of the placement.26.5.4 Where the placement of a child for adoption with an employee does notproceed or continue, the employee will notify the employer immediatelyand the employer will nominate a time not exceeding four weeks fromreceipt of notification for the employee’s return to work.26.5.5 An employee will not be in breach of this clause as a consequence offailure to give the stipulated period of notice if such failure results froma requirement of an adoption agency to accept earlier or laterplacement of a child, the death of a spouse, or other compellingcircumstances.26.5.6 An employee seeking to adopt a child is entitled to unpaid leave for thepurposes of attending any compulsory interviews or examinations as_________________________________________________________________________38Disability Services Victoria (Part 1) Agreement

are necessary as part of the adoption procedure. The employee andthe employer should agree on the length of the unpaid leave. Whereagreement cannot be reached, the employee is entitled to take up totwo days unpaid leave. Where paid leave is available to the employee,the employer may require the employee to take such leave instead.26.7 Variation of period of parental leaveUnless agreed otherwise between the employer and employee, an employeemay apply to their employer to change the period of parental leave on oneoccasion. Any such change is to be notified at least four weeks prior to thecommencement of the changed arrangements.26.7 Parental leave and other entitlementsAn employee may in lieu of or in conjunction with parental leave, access anyannual leave or long service leave entitlements which they have accruedsubject to the total amount of leave not exceeding 52 weeks.26.8 Transfer to a safe job26.8.1 Where an employee is pregnant and, in the opinion of a registeredmedical practitioner, illness or risks arising out of the pregnancy orhazards connected with the work assigned to the employee make itinadvisable for the employee to continue at her present work, theemployee shall, if the employer deems it practicable, be transferred to asafe job at the rate and on the conditions attaching to that job until thecommencement of maternity leave.26.8.2 If the Employer does not think it is reasonably practicable to transferthe employee to a safe job:26.8.2(a) the employee may take paid leave immediately for a periodending at the time referred to in 26.8.3; or26.8.2(b) the Employer may require the employee to take paid leaveimmediately for a period ending at the time mentioned in26.8.3.26.8.3 The period of leave ends at the earliest of whichever of the followingtimes is applicable:26.8.3(a) the end of the period stated in the medical certificate; or26.8.3(b) if the employee’s pregnancy results in the birth of a livingchild – the end of the day before the birth;26.8.3(c) if the employee’s pregnancy ends otherwise than with thebirth of a living child – the end of the day before the end ofthe pregnancy._________________________________________________________________________39Disability Services Victoria (Part 1) Agreement

26.9 Returning to work after a period of parental leave26.9.1 An employee shall notify their intention to return to work after a periodof parental leave at least four weeks prior to the expiration of the leave.26.9.2 An employee shall be entitled to the position which they heldimmediately before proceeding on parental leave. In the case of anemployee transferred to a safe job pursuant to 26.8, the employee shallbe entitled to return to the position they held immediately before suchtransfer.26.9.3 Where such position no longer exists but there are other positionsavailable which the employee is qualified for and is capable ofperforming, the employee shall be entitled to a position as nearlycomparable in status and pay to that of their former position.26.10 Replacement employees26.10.1 A replacement employee is an employee specifically engaged ortemporarily promoted or transferred, as a result of an employeeproceeding on parental leave.26.10.2 Before an employer engages a replacement employee the employershall inform that person of the temporary nature of the employmentand the rights of the employee who is being replaced.26.11 Right to request26.11.1 An employee entitled to parental leave pursuant to the provisions ofclause 26 may request the employer to allow the employee:26.11.1(a) to extend the period of simultaneous unpaid parental leaveprovided for in clause 26.2.2(a) up to a maximum of eightweeks;26.11.1(b) to extend the period of unpaid parental leave provided forin clause 26.2.1 by a further continuous period of leave notexceeding 12 months;26.11.1(c) to return from a period of parental leave on a part-timebasis until the child reaches school age;to assist the employee in reconciling work and parentalresponsibilities.26.11.2 The employer shall consider the request having regard to theemployee’s circumstances and, provided the request is genuinelybased on the employee’s parental responsibilities, may only refuse therequest on reasonable grounds related to the effect of the workplace_________________________________________________________________________40Disability Services Victoria (Part 1) Agreement

or the employer’s business. Such grounds might include cost, lack ofadequate replacement staff, loss of efficiency and the impact oncustomer service.26.11.3 Employee’s request and the employer’s decision to be in writingThe employee’s request and the employer’s decision made under26.11.1(b) and 26.11.1(c) must be recorded in writing.26.11.4 Request to return to work part-timeWhere an employee wishes to make a request under 26.11.1(c), sucha request must be made as soon as possible but no less than sevenweeks prior to the date upon which the employee is due to return towork from parental leave.26.12 Communication during Parental Leave26.12.1 Where an employee is on parental leave and a definite decision hasbeen made to introduce significant change at the workplace, theemployer shall take reasonable steps to:26.12.1(a) make information available in relation to any significanteffect the change will have on the status or responsibilitylevel of the position the employee held before commencingparental leave; and26.12.1(b) provide an opportunity for the employee to discuss anysignificant effect the change will have on the status orresponsibility level of the position the employee held beforecommencing parental leave.26.12.2 The employee shall take reasonable steps to inform the employerabout any significant matter that will affect the employee’s decisionregarding the duration of parental leave to be taken, whether theemployee intends to return to work and whether the employee intendsto request to return to work on a part-time basis.26.12.3 The employee shall also notify the employer of changes of address orother contact details which might affect the employer’s capacity tocomply with 26.12.1.27. EXAMINATION LEAVEAn employee shall be granted leave with full pay in order to travel to and from andattend examinations for courses agreed to between the employer and employee tobe directly related to their employment, provided that such leave shall not exceedone day per examination._________________________________________________________________________41Disability Services Victoria (Part 1) Agreement

28. STUDY LEAVEInstructors taking leave for the purpose of studying an approved course for upto twelve months shall have such leave recognised as constituting continuityof service for the purposes of incremental salary progression and long serviceleave.Staff employed to replace instructors on Study Leave shall be paid theirappropriate sub-divisional rate as specified under clause 15.1.29. PUBLIC HOLIDAYS29.1 An employee shall be entitled to holidays on the following days:29.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday,Christmas Day, Boxing Day; and29.1.2 the following days, as prescribed in the relevant States, Territories andlocalities: Australia Day, Anzac Day, Queen’s Birthday and EightHours’ Day or Labour Day; and29.1.3 Melbourne Cup Day or in lieu of Melbourne Cup Day, some other dayas determined in a particular locality; and29.2 If an employee works on a public holiday he or she shall be paid double timefor the time worked.29.3 A part-time employee who is not ordinarily required to work on the day of theweek on which a public holiday is observed shall not be entitled to any benefitfor such a public holiday, unless they are required to work on a public holiday.29.4 Where an employee is rostered on a public holiday as part of their normalroster, it is expected that employees will work on those public holidays, exceptwhere otherwise approved by the Employer. All requests not to work on apublic holiday are to be made in writing in advance.30. JURY SERVICE30.1 The provisions of this clause apply to weekly and eligible casual employeesbut do not apply to other casual employees.30.1.1 An eligible casual employee means a casual employee employed byan employer on a regular and systematic basis for several periods ofemployment or on a regular and systematic basis for an ongoing periodof employment during a period of at least 12 months, and that theemployee has a reasonable expectation of ongoing employment._________________________________________________________________________42Disability Services Victoria (Part 1) Agreement

30.2 An employee required to attend for jury service during the employee’sordinary working hours shall be reimbursed by the employer an amount equalto the difference between the amount paid in respect of the employee’sattendance for such jury service and the amount that he or she couldreasonably expect to have received from the employer as earnings for thatperiod had he or she not been performing jury service subject to the followingconditions:30.2.1 The employee shall advise the employer as soon as practicable thathe/she had to attend for jury service, and if required by the employer,produce his/her notice to attend.30.2.2 An employee who has been given more than seven days notice toattend for jury service shall give the employer at least seven daysnotice and if he/she fails to give such notice, without reasonableexcuse, he/she shall forfeit his/her entitlement to payment by theemployer.30.2.3 An employee on day shift or day work who is not required for juryservice after 1.00 p.m. on any day shall contact the employer bytelephone to ask whether the employer requires the employee to reportfor the balance of the day, and if so required, the employee shall soreport.30.2.4 An employee on afternoon shift or night shift who is discharged orexcused from jury service upon the day upon which he/she is firstcalled or on any subsequent day on which he/she has been required totake part in court proceedings shall report for work:30.2.4(a) in the case of an afternoon shift employee, if possible at theemployee’s normal starting time or as soon thereafter aspossible after being discharged or excused from jury service,and30.2.4(b) in the case of a night shift employee, at the employee’snormal starting time.Provided that an employee on afternoon shift or night shift who iscontinuing jury service and who has been required to take part in courtproceedings for more than half the day shall not be required to reportfor work until the expiration of his/her jury service and if the jury servicehas lasted for more than two days until the shift next following thecompletion of the employee’s jury service.30.2.5 The employee shall give the employer proof of attendance, the durationof such attendance and the amount received in respect of such juryservice._________________________________________________________________________43Disability Services Victoria (Part 1) Agreement

PART SEVEN - TRAVEL31. TRAVELLING ALLOWANCE31.1 Where an employer requires an employee to use their own motor vehicle inthe performance of duties, such an employee shall be paid a travelingallowance as determined by the rates published by the Australian TaxationOffice from time to time.31.2 Where an employer requires an employee to obtain an endorsed licence forthe transport of clients, the employer shall pay the costs of procuring thislicence and the cost of the licence fee involved.PART EIGHT - ACCIDENT PAY AND HEALTH AND SAFETY32. ACCIDENT MAKE-UP PAY32.1 Where an employee becomes entitled to weekly compensation paymentspursuant to the Accident Compensation Act 1985 (the Act) as amended, theemployer shall pay to the employee an amount equivalent to the differencebetween:32.1.1 the level of weekly compensation and any weekly wages earned orable to be earned if incapacitated, and32.1.2 the amount that would have been payable under this Agreement for theclassification of work if the employee had been performing their normalduties, provided that such rate shall exclude additional remuneration byway of shift premiums, overtime payments, special rates or othersimilar payments.32.2 Accident pay shall not apply in respect of any injury during the first five normalworking days of incapacity.32.3 Accident pay shall not apply to any incapacity occurring during the first twoweeks of employment, unless such incapacity continues beyond the first twoweeks.32.4 Industrial diseases contracted by a gradual process or injuries subject torecurrence, aggravation or acceleration shall not be subject to the accidentpay unless the employee has been employed with the employer at the time ofthe incapacity for a minimum period of one month.32.5 The maximum period or aggregate of periods of accident pay to be made byan employer for any one injury shall be a total of 52 weeks.32.6 Payment for part of a weekWhere an employee receives accident pay and such pay is payable forincapacity for part of a week an amount shall be a direct pro rata._________________________________________________________________________44Disability Services Victoria (Part 1) Agreement

32.7 Absences on other Paid LeaveAn employee shall not be entitled to payment of accident pay in respect of anyperiod of other paid leave of absence.32.8 Notice of InjuryAn employee upon receiving an injury for which he / she claims to be entitledto receive accident pay shall give notice in writing of the said injury to his / heremployer as soon as reasonably practicable after the occurrence thereof,provided that such notice may be given by a representative of the employee.32.9 Cessation of Weekly PaymentsWhere there is a cessation or redemption of weekly compensation paymentsunder the Act the employer’s liability to pay accident pay shall cease as fromthe date of such cessation or redemption.32.10 Variations in Compensation RatesAny changes in compensation rates under the Act shall not increase theamount of accident pay above the amount that would have been payable hadthe rates of compensation remained unchanged.32.11 Death of an EmployeeAll rights to accident pay shall cease on the death of an employee.33. HEALTH AND SAFETY33.1 Surgical glovesSurgical gloves shall be available for use by instructors involved in thetoileting and/or bathing of clients.33.2 Liquid soapMedicinal quality disinfecting liquid soap shall be available for use byinstructors involved in the toileting and/or bathing of clients. Appropriatedispensers will be provided in all locations relevant to the toileting and/orbathing of clients.33.3 LiftingNo employee shall be required or permitted to lift or carry by hand a client whois unable to provide reasonable assistance and who weighs in excess of 16kilos, without the assistance of another person. If the client weighs in excessof 42 kilos and the employee is of the opinion that additional assistance is_________________________________________________________________________45Disability Services Victoria (Part 1) Agreement

necessary, they shall not be required or permitted to lift or carry by hand theclient without the assistance of two other persons. The expression lift in theclause shall include:• Raising a client in bed.• Removing a client from a bed to a chair, wheelchair, commode, trolley,bath or other convenience or receptacle.• Raising or moving a client who has fallen.• Removing a client from a chair, wheelchair, commode, trolley, bath orother convenience or receptacle to a bed or other place.33.4 Accident and Injury Reduction StrategyIn addition to complying with relevant Occupational Health and SafetyLegislation, employers will use their best endeavours to provide training tostaff to comply with Occupational Health and Safety requirements in an aim toreduce the potential for injury in the workplace and associated costs._________________________________________________________________________46Disability Services Victoria (Part 1) Agreement

APPENDIX 1(A) DESCRIPTORS FOR BAND I INSTRUCTORSInstructor (Subdivision 1 – 3)A Band 1 Instructor is a person appointed as such to provide ongoing programsupport and skills training to assist persons with a disability in a day program.A Band 1 Instructor shall be required to work under close supervision.A Band 1 Instructor shall be required to exhibit some limited liaison skills with peoplewith disabilities, their families/carers, specialist staff and with other communityagencies/services.A Band 1 Instructor shall be required to practise specific tasks in specified contexts.A Band 1 Instructor shall be required to understand the employer’s policies inrelation to program delivery and to demonstrate skills necessary to assist in theimplementation of those policies in relation to persons with a disability.Explanatory notes:• A Band 1 Instructor is an instructor who undertakes duties which require verylimited skills. They will not have the responsibility for a group of clients andwill work under close supervision.• A Band 1 Instructor will assist in the delivery of programs but will not haveresponsibility for the development of such programs.• They will provide support to clients under the supervision of a Band 2 or Band3 Instructor._________________________________________________________________________47Disability Services Victoria (Part 1) Agreement

APPENDIX 1(B) DESCRIPTORS FOR BAND II INSTRUCTORSInstructor (Subdivision 4 – 11)A Band 2 Instructor is a person appointed as such to provide ongoing programsupport and skills training to assist persons with a disability in a day program.A Band 2 Instructor shall be required to work under general supervision and shall berequired to exercise some judgement in regular independent decision making.A Band 2 Instructor shall be required to exhibit more specific liaison skills with peoplewith disabilities, their families/carers, specialist staff and with other communityagencies/services.A Band 2 Instructor shall be required to practise a wide range of tasks in a variety ofcontexts.A Band 2 Instructor shall be required to have an understanding and knowledge ofprocedural and legislative guidelines which may require some interpretation.A Band 2 Instructor shall be required to demonstrate a sound knowledge which iswell founded and reliable of programs for persons with a disability and will berequired to demonstrate the organisational skills necessary to implement suchprograms.A Band 2 Instructor shall be involved in identifying and solving a variety of problemsof a complex nature in a variety of contexts.Explanatory notes:• A Band 2 Instructor will undertake the duties necessary to develop andimplement programs for adults with disabilities. The Band 2 Instructor willliaise with the parent / care giver as necessary, develop individual programplans, and complete the required paperwork in relating to the evaluation ofprograms and the client’s performance.• A Band 2 Instructor will be responsible for a group of clients. In instanceswhere more than one instructor works with a group of clients, a Band 2Instructor will share the responsibility of the group with other Band 2 and Band3 Instructors._________________________________________________________________________48Disability Services Victoria (Part 1) Agreement

APPENDIX 1(C) DESCRIPTORS FOR BAND III INSTRUCTORSInstructor Band IIIA Band 3 Instructor is a person appointed as such to provide ongoing programsupport and skills training to assist persons with a disability in a day program.A Band 3 Instructor shall be required to work with occasional supervision and toexercise judgement and discretion in regular decision making.A Band 3 Instructor shall be required to exercise comprehensive liaison skills withpersons with disabilities, their families/carers, community agencies, specialist staffand with other services.A Band 3 Instructor shall be required to undertake a wide range of tasks within eithervaried contexts or highly specific contexts.A Band 3 Instructor shall be required to have an understanding and knowledge of abroad framework of legislative and procedural guidelines/requirements which involveinterpretation and policy making.A Band 3 Instructor shall be required to demonstrate a comprehensive knowledgewhich embraces a wide range of programs for people with disabilities and shall berequired to demonstrate developed organisational skills to implement suchprograms.A Band 3 Instructor shall be required to exercise specialist and/or complex skills toassist in the management of the program and/or to co-ordinate or supervise thedelivery of parts of that program.A Band 3 Instructor shall be required to have an understanding of the daily livingsupport skills and procedures and be capable of planning and implementingprograms effectively and efficiently.Explanatory notes:• A Band 3 Instructor will be highly skilled instructor. Their day to day role issimilar to that of a Band 2 Instructor; developing and implementing programsfor adults with disabilities. In addition to their major role of instructing, a Band3 Instructor may be required to take on additional responsibilities. Timerelease from instructing roles should be provided to undertake any additionalresponsibilities. Such responsibilities will be determined at the local level andmay include any co-ordination or team leadership.• A Band 3 is an Instructor with additional responsibilities and not part of themanagement team._________________________________________________________________________49Disability Services Victoria (Part 1) Agreement

APPENDIX 1(D) DESCRIPTORS FOR PROGRAM MANAGERSProgram ManagerA Program Manager is a person appointed as such to manage the program(s)offered by the Adult Training Support Service and who report directly to the Board,Committee of Management, Chief Executive Officer or Administrator.A Program Manager shall be required to work with broad or limited guidance, toexercise independent decision making skills necessary to make decisions withinbroad parameters.A Program Manager shall have developed and detailed liaison skills with personswith a disability their families/carers, community agencies, specialist staff, otherservice providers and with members of the general public.A Program Manager shall co-ordinate the service and exercise complexresponsibilities in both varied and highly specific contexts.A Program Manager shall demonstrate a detailed and thorough knowledge ofprograms for people with disabilities and be able to initiate, develop, implement andevaluate such programs.A Program Manager shall demonstrate understanding and knowledge of a broadframework of legislative and procedural guidelines and requirements which relate toservice provision to people with disabilities, and to the employment of staff.A Program Manager shall supervise staff and to take functional responsibility for allcomponents of the organisation of the program.A Program Manager shall exhibit extensive knowledge across a range of subjectsand shall be able to initiate and determine significant change in an organisationthrough the development of policies and work practices._________________________________________________________________________50Disability Services Victoria (Part 1) Agreement

APPENDIX 1(E) DESCRIPTORS FOR ASSISTANT PROGRAM MANAGERSAssistant Program ManagerAn Assistant Program Manager is a person appointed as such to assist the ProgramManager to manage the program(s) offered by the Adult Training Support Serviceand who reports to the Program Manager and who deputises for the ProgramManager from time to time.An Assistant Program Manager shall work with broad or limited guidance, to exerciseindependent decision making skills necessary to make decisions within broadparameters.An Assistant Program Manager shall have developed and detailed liaison skills withpersons with a disability their families/carers, community agencies, specialist staff,other service providers and with members of the general public.An Assistant Program Manager shall assist the Program Manager with the coordinationof the service and shall exercise complex responsibilities in both variedand highly specific contexts.An Assistant Program Manager shall demonstrate a detailed and thoroughknowledge of programs for people with disabilities and be able to initiate, develop,implement and evaluate such programs.An Assistant Program Manager shall demonstrate understanding and knowledge ofa broad framework of legislative and procedural guidelines and requirements whichrelate to service provision to people with disabilities, and to the employment of staff.An Assistant Program Manager shall supervise staff and assist the ProgramManager to take functional responsibility for all components of the organisation of theprogram.An Assistant Program Manager shall exhibit extensive knowledge across a range ofsubjects and shall be able to initiate and determine significant change in anorganisation through the development of policies and work practices._________________________________________________________________________51Disability Services Victoria (Part 1) Agreement

_____________________________Central Bayside Community Health.........../............../ 2008_____________________________Australian Education Union.........../............../ 2008_________________________________________________________________________52Disability Services Victoria (Part 1) Agreement