Cerebral Palsy Alliance Enterprise Agreement Update · Cerebral Palsy Alliance Enterprise Page 10 f. CPA must give the individual employee a copy of the agreement and keep the agreement

Newsletter: 81/2015

Date: 30 March 2015

Distribution: All members Cerebral Palsy Alliance

Contact: Fran Johnston

Cerebral Palsy Alliance Enterprise

Agreement Update

Dear Member, As you would be aware the Health Services Union has been negotiating with CPA management for several months in regards to updating your terminated EBAs. The HSU on members’ behalf put forward a log of claims to increase members’ wages and allowances as well as to provide modern agreements which are more reflective of present conditions and entitlements. Following our latest negotiation meeting on the 26 March 2015 both parties have reached agreement on two draft EAs: the Disability Support Practitioners and the Allied Health & Related Practitioners (see attached). It has been agreed that the HSU will release these drafts to members for further feedback prior to release for the access period. We anticipate that the documents will then be released as part of the access process and information sessions will be held with staff towards the end of April. At these information sessions staff will be provided with the details of the proposed changes and any potential impact it may have on their terms and conditions. Staff will also have an opportunity to ask questions. Where possible, HSU organisers will attend these information sessions. We will also release a newsletter to members highlighting any changes to their current terms and conditions. Staff will be then be asked to vote, hopefully by the middle of May 2015. CPA will advise all staff of the timetable to this process and provide details of the voting process. Please provide us with any feedback by 17 April 2015 so that we can respond to CPA management before they begin the access period. We urge members to read the attached draft EAs. If you would like to have further discussion around any of the above matters you can contact Fran Johnston by email to [email protected], or call her on 0419 693 664. In unity,

Gerard Hayes Secretary, HSU NSW/ACT.

mailto:[email protected]

Cerebral Palsy Alliance Enterprise Agreement - Disability Support Practitioners March 2015 – DRAFT – V2.7

C e r e b r a l P a l s y A l l i a n c e E n t e r p r i s e

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Table of Contents

PART A

A. GENERAL NOTE: Formatting of this document has not been completed

A1. Objectives

A2. Name of Agreement

A3. Incidence

A4. Duration

A5. Persons Bound by this Agreement

A6. Access to the Agreement and the National Employment Standards (‘NES’)

A7. The National Employment Standards (‘NES’) and this Agreement

A8. Anti-Discrimination

A9. Agreement Flexibility

A10. No Extra Claims

A11. Transmission of Business

B. DEFINITIONS

B1. General Definitions

C. CONSULTATION AND DISPUTE RESOLUTION

C1. Introduction of Change

C2. Union Representation

C3. Consultative Groups

C4. Dispute Resolution

D. EMPLOYMENT RELATIONSHIP

D1. Engagement

D2. Employment Categories

D3. Employee Responsibilities

D4 Professional Development

D5. Training


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D6. Accommodation and Amenties


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E. FLEXIBLE WORK PRACTICES

E1. Work/Life Balance

E2. Rostering – Consultation About Changes to Rosters or Hours of Work

F. EMPLOYMENT CLASSIFICATIONS

F1. Competency-Based Role Families

G. HOURS OF WORK

G1. Shift Definitions

G2. Ordinary Hours of Work

G3. Averaging Hours Over 12 weeks

G4. Broken Shifts

G5 Sleepovers

G6. Minimum Hours

G7. Breaks

G8. Fixed Days Off (‘FDO’)

G9. Overtime

G10. Time Off in Lieu of Overtime (‘TIL’)

G11. Public Holidays

G12. Attendance at Meetings

G13. Rosters

H. WAGES, PENALTIES & ALLOWANCES

H1. Wages, Penalties & Allowances

H2. Shift & Weekend Penalties – Full & Part-Time Employees

H3. Shift & Weekend Penalties – Casual Employees

H4. Public Holiday Penalties

H5. Broken Shift Allowance

H6. Sleepover Allowance

H7. Travel Allowance

H8. Higher Duties Allowance


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I. REMUNERATION AND BENEFITS

I1. Salaries and Wages

I2. Payments and Particulars of Salaries and Wages

I3. Remuneration Increases

I4. Remuneration Packaging

I5. Superannuation

J. LEAVE ENTITLEMENTS

J1. Leave Entitlements

J2. Annual Leave (Day Workers)

J3. Annual Leave (Shift Workers)

J4. Annual Leave Loading

J5. Annual Leave - Cashing Out

J6. Paid Personal Leave (Sick and Carer’s Leave)

J7. Unpaid Carer’s Leave

J8. Compassionate Leave

J9. Emergency Leave

J10. Community Service Leave

J11. Ceremonial Leave

J12. Purchased Additional Leave

J13. Leave Without Pay

J14. Long Service Leave

J15. Parental Leave

J16. Family Leave

J17. Grandparents Leave

K. TERMINATION OF EMPLOYMENT

K1. Termination – Employee Initiated

K2. Termination – CPA Initiated

K3. Summary Termination (Without Notice)


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K4. Redundancy


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A. GENERAL A1. Objectives This Agreement demonstrates the commitment of both parties to the mission of Cerebral Palsy Alliance (‘CPA’) ‘for people with cerebral palsy BUILDING FUTURES. The objectives of this Agreement will: a. Ensure compliance with all relevant laws; b. Encourage open and effective communication, consultation, flexibility and co-operation

between management and employees; c. Establish a simplified framework of employee terms and conditions of employment that are

both attractive to employees and sustainable for the organisation; d. Introduce a greater degree of flexibility and encourage family friendly initiatives that will

continue to ensure Cerebral Palsy Alliance is an Employer of Choice for Gender Equality; e. Facilitate change management where required to enable services and programs to be

delivered more effectively and efficiently; f. Demonstrate a commitment to skilling employees through targeted and professional

development strategies that contribute to the professional delivery of services and programs to our clients;

g. Facilitate the personal and professional growth of employees and enable them to improve

their skills, professional development and their lives.


This Agreement is Cerebral Palsy Alliance Disability Support Practitioners’ Enterprise Agreement, 2015. A3. Incidence

This Agreement rescinds and replaces The Spastic Centre of New South Wales Enterprise Agreement, approved 24 March 2006 (EA06/232), and all variations thereof and the Social, Community, Home Care and Disability Services Industry Award, 2010.

A4. Duration

This Agreement will have a term of 24 months from the date of filing this Agreement with Fair Work Commission.


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This Agreement will be legally binding on:

a. All employees currently covered by The Spastic Centre of New South Wales Enterprise Agreement, 24 March 2006, in addition to Therapy Assistants, will be covered by this Agreement.

1. Cerebral Palsy Alliance, A.B.N 45 000 062 288, including its wholly owned subsidiaries.

2. (“the employer”) of 187 Allambie Road, Allambie Heights. NSW 2100 3. The HSU New South Wales Branch A.B.N 93 728 534 595 (‘the Association”) of Level

2, 109 Pitt Street, Sydney NSW 2000; and 4. Disability Support Practitioners employed in classifications listed in clause F.

Employment Classifications and Part C, Monetary Rates, Table 1 – Wage Rates by Cerebral Palsy Alliance.

A6. Access to the Agreement and the National Employment Standards (NES) CPA will ensure that copies of this Agreement and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

A7. The National Employment Standards and this Agreement

The NES and this Agreement contain the minimum conditions of employment for employees covered by this Agreement. Where the NES provides, or is varied to provide, a condition or entitlement more favourable to the employee in a particular respect than that set out in this Agreement, the better entitlement will apply. The minimum guarantees provided by the NES will override less favourable provisions in this Agreement. A8. Anti Discrimination

It is the intention of the parties bound by this Agreement to achieve the object in Section 351 of the Fair Work Act 2009 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of a person’s race, colour, sex, sexual preference, age, marital status, physical or mental disability, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin. A9. Agreement Flexibility

a. Notwithstanding any other provision of this Agreement, CPA and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine


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individual needs of CPA and the individual employee. The terms CPA and the individual employee may agree to vary the application of those concerning:

1. arrangements for when work is performed;

2. arrangements for the type of work that is performed, which are within the limits of the employee’s competency;

3. overtime rates;

4. penalty rates;

5. allowances; and

6. leave loading.

b. CPA and the individual employee must have genuinely made the agreement without coercion or duress.

c. The agreement between CPA and the individual employee must:

1. be confined to a variation in the application of one or more of the terms listed in clause A9. (a); and

2. are about permitted matters under section 172 of the Fair Work Act, 2009; and

3. are not unlawful terms under section 194 of the Fair Work Act, 2009; and

4. result in the employee being better off overall than the employee would be if no arrangement was made

d. For the purpose of clause A9. (c) (4), the individual employee will be taken to be better off overall by the agreement in relation to their terms and conditions of employment if the agreement does not result:

1. on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

2. in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or territory.

e. The agreement between CPA and the individual employee must also:

1. be in writing, name the parties to the agreement and be signed by an officer of CPA and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

2. state each term of this agreement that CPA and the individual employee have agreed to vary;

3. detail how the application of each term has been varied by agreement between CPA and the individual employee;

4. detail how the individual employee with be better off overall with the agreement in relation to the individual employee’s terms and conditions of employment; and

5. state the date the agreement commences to operate.


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f. CPA must give the individual employee a copy of the agreement and keep the agreement as

a time and wages record.

g. When CPA is seeking to enter into an agreement it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited CPA must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

h. The agreement may be terminated:

1. by CPA or the individual employee giving thirteen (13) weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

2. at any time, by written agreement between CPA and the individual employee.

i. The right to make an agreement pursuant to this clause is an addition to, and is not intended to otherwise affect, any provision for an agreement between CPA and an individual employee contained in any other term of this agreement.


This Agreement settles all claims in relation to the terms and conditions of employment of the employees and the parties will not pursue any extra claims during the term of this Agreement.

If the parties agree, there is nothing in this Agreement that prevents CPA from making any variations as per the requirements of the Fair Work Act, 2009.


Provisions for the transmission of business shall be in accordance with legislation applicable at the time of such business transmission.


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B. DEFINITIONS


For the purposes of this Agreement:

Act means the Fair Work Act 2009 (Cth), as amended and applies from time to time, and includes the Regulations.

Agreement means this Enterprise Agreement.

Allocated Day Off (ADO) refers to the daily accrual of hours by eligible Disability Support Practitioners working a standard 40 hour week towards a day off, which is determined by CPA.

Base rate of pay means the employee’s contracted hourly rate of pay as varied from time to time and does not include loadings, allowances, penalty rates or any other similar separately identifiable entitlements.

Broken Shift is a shift designated of up to sixteen (16) hours in duration that is broken by at least one (1) hour and not more than eight (8) hours in any one (1) calendar day.

Calendar Day is defined from midnight to midnight

Continuous service means a period of service, during which an employee is employed by CPA. Continuous service is broken by periods of:

• NES Statutory entitlements to Leave without Pay (that is, unpaid parental leave, unpaid carer’s leave, unpaid compassionate leave and unpaid community service leave)

• Unpaid leave authorised by CPA

• Unpaid and unauthorised leave (that is, abandonment of employment or otherwise absent from work for a period contrary to a direction made by CPA)

• Paid parental leave

Therefore, the above will not be taken into consideration for the purposes of calculating:

• Personal/carer’s leave

• Annual leave

• Long service leave

• Redundancy pay

Cerebral Palsy Alliance (‘CPA’) means Cerebral Palsy Alliance Limited and also includes its wholly owned subsidiaries Cerebral Palsy Alliance (Venee Burges House), Cerebral Palsy Alliance (Therapy Services), Cerebral Palsy Alliance (Community Access Services), Cerebral Palsy Alliance (Accommodation - North), Cerebral Palsy Alliance (Accommodation - South) and Cerebral Palsy Alliance (Accommodation - Hunter).

Day Worker means an employee who works their ordinary hours from Monday to Friday, inclusive, and who works on such days at any time between 8.00 am and 6.00 pm.


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Disability Support Practitioner (‘DSP’) means an employee who may be a trainee or has a relevant qualification or equivalent or some relevant experience, who either directly or indirectly, provides services to clients in a number of CPA programs.

Employee means a person employed by CPA and covered by this Enterprise Agreement.

Employer means Cerebral Palsy Alliance

Employment Classifications means the Employment Classifications set out in Part B, Disability Support Practitioners Role Family of this Agreement.

Enterprise Agreement means this Agreement made between CPA and the relevant group of employees, union(s) and other relevant legal parties.

Fixed Day Off (‘FDO’) refers to the daily accrual of hours by eligible Disability Support Practitioners working a standard 40 hour week towards a fixed day off each calendar month, which is determined by CPA.

Immediate Family means the following members of an employee’s immediate family:

a. A spouse (including a former spouse, de facto or former de facto spouse), child (including a stepchild, or adopted, ex-nuptial or adult child), parent (including foster parent, legal guardian), parent-in-law, grandparent, grandchild or sibling of the employee;

b. A child (including a stepchild, or adopted, ex-nuptial or adult child), parent (including foster parent, legal guardian), grandparent, grandchild or sibling of a spouse (including a former spouse, de facto or former de facto spouse) of the employee.

c. A same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

d. A relative of the employee who is a member of the same household where for the purposes of this Agreement;

1. relative means a person related by blood, marriage or affinity,

2. affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. household means a family group living in the same domestic dwelling

Ordinary hours means the hours specified in Clause G, Hours of Work in this Agreement.

Public Holiday means:

a. New Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day;

b. Any other day duly proclaimed and observed as a public holiday and as varied from time to time by the NSW Public Holidays Act, 2010, as gazetted for the whole of New South Wales.

c. In addition to those public holidays specified in this sub clause, employees will be entitled to an extra public holiday, known as ‘CPA Day’, each year. The CPA Day will occur on a date determined by CPA and will be regarded for all purposes of this clause as any other public holiday.

Regulations mean the Fair Work Act Regulations 2009 (as amended and applies from time to time).

Roster means a Disability Support Practitioner’s standard default pattern of working hours.


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Service means periods worked or spent on approved, paid leave.

Shift Worker means an employee who is not a Day Worker, as defined.

Union means the HSU, NSW/ACT.


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C. CONSULTATION AND DISPUTE RESOLUTION C1. Introduction of Change

a. CPA’s Duty to Notify –

1. Where CPA has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, CPA will notify the employees who may be affected by the proposed changes and/or their representatives.

2. ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of CPA’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

b. CPA’s Duty to Discuss Change –

1. CPA will discuss with the employees affected and workplace representatives, if any, amongst other things, the introduction of the changes referred to in clause C1. (a) (1), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and will give prompt consideration to matters raised by the employees and their representatives, if any, in relation to the changes.

2. The discussion will commence as early as practicable after a definite decision has been made by CPA to make the changes referred to in clause C1. (a) (1).

3. For the purpose of such discussion, CPA will provide to the employees concerned, and if requested by an employee(s), any nominated employee representative which may be a union representative, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that CPA will not be required to disclose confidential information, the disclosure of which would adversely affect CPA.

c. In circumstances where CPA no longer wishes the job the employee(s) has been doing to be done by anyone as a result of changes referred to in clause C1. (a) (1), employee(s) will be entitled to termination and retrenchment pay in accordance with clause K4, Redundancy.

C2. Union Representation a. Up to two (2) employees may be appointed Union representatives and they will notify CPA in

writing within 14 days of their appointment. In turn, CPA will recognise the employees as the accredited representatives of the Union and will be allowed reasonable time during working hours to interview relevant CPA managers on matters affecting employees, and to discuss such matters with the members of the Union.


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b. CPA will support union representatives to attend relevant union-certified training in

accordance with clauses D4. Professional Development and D5. Training.

c. CPA will make available a notice board of reasonable dimensions in a prominent position for union representatives to post union notices.


Focus groups consisting of management and employee representatives from the Disability Practitioner groups will be established and convened to discuss Agreement conditions, when required. In addition, a working party consisting of management and Union representatives from the Disability Practitioner groups will be established and convened not more than four (4) times in a year, unless current issues cannot be resolved. C4. Dispute Resolution a. In the event of a dispute in relation to a matter arising under this Agreement, or a dispute in

relation to the NES, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant manager. If these discussions do not resolve the dispute, the discussions between the employee(s) can be escalated to more senior levels of management, as appropriate.

b. A party to the dispute may appoint another person, organisation or Union, or workplace

representative to accompany or represent them in relation to the dispute. c. If a dispute in relation to a matter arising under the Agreement or a dispute in relation to the

NES is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to Fair Work Commission for resolution by conciliation and, where the matter in dispute remains unresolved, by mutual agreement, arbitration.

d. If arbitration is necessary, Fair Work Commission may exercise the procedural powers in

relation to hearings, witnesses, evidence and submissions, which are necessary to make the arbitration effective.

e. It is a term of this Agreement that, while the dispute resolution procedure is being conducted,

work will continue normally unless an employee has a reasonable concern about an imminent risk to their health or safety.

f. Any dispute referred to Fair Work Commission under this clause should be dealt with at the

time or, in default of agreement, by a member nominated by either the head of the relevant panel or the President.


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D. EMPLOYMENT RELATIONSHIP D1. Engagement

CPA must engage each employee in writing stating the terms of their engagement, and the status of their engagement as to whether it is full-time, part-time, permanent, contract, temporary or casual.

D2. Employment Categories a. Employees may be employed in any of the following employment categories:

• Full-time – may include permanent, contract/temporary roles • Part-time - may include permanent, contract/temporary roles • Casual - may include contract/temporary roles

b. A Full-Time Employee is one who is engaged to work 38 hours each week or an average of 38 hours each week in accordance with clause G, Hours of Work.

c. A Part-Time Employee

1. Is one who is engaged to work less than 38 hours a week or an average of less than 38 hours a week and who has reasonably predictable hours of work.

2. Before commencing employment, will agree with CPA in writing on the minimum regular number of hours to be worked each week.

3. Any variation to a part-time employee’s regular number of hours to be worked each week will be mutually agreed to by the part-time employee and CPA.

4. The terms of this Agreement will apply to part-time employees on a pro-rata basis on the basis that the ordinary weekly hours for full-time employees is 38 hours each week.

d. A Casual Employee is an employee who is engaged and paid on an hourly basis, one thirty-eighth (1/38th) of the appropriate rate in accordance with Part C - Monetary Rates, Table 1 – Wage Rates, a 10% casual leave loading and whose services may be terminated without notice.

e. A Contract or Temporary Employee may be employed on a full-time or part-time basis with a pre-determined time limit to their employment or for a defined period or task.

f. A Permanent Employee is an employee who has been engaged to work without a pre-determined time limit to their employment.


a. CPA may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this


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Agreement, as set out in Part B, Disability Support Practitioners Role Family, provided that such duties are not designed to promote deskilling.

b. CPA may direct an employee to carry out such duties and use equipment as may be required provided that the employee has been properly trained in the use of such equipment.

c. Any direction issued by CPA in accordance with clause D3. (a) and (b) will be consistent with CPA’s responsibilities to provide a safe and healthy working environment.

d. All employees covered by this Agreement will complete all relevant organisational and client documentation and reports accurately and on time. Furthermore, all employees must comply with all legislative requirements of their role.

e. Each employee will commit to undertake educational and training activities provided to them by CPA, as well as, undertake personally any professional development that they may require. Employees receiving professional development support from CPA will attend the required activities, complete the required assessment tasks, assignments, projects and the like. Employees will also make a reasonable contribution of their personal time towards any professional development activity. This may include, but it is not limited to, study and travel time.

f. All employees, whose role requires a particular qualification, license or registration in accordance with CPA’s policies and at law, must ensure that they remain current and be prepared to provide evidence of currency on request.

D4. Professional Development

a) CPA is committed to ensuring its employees have the skills and knowledge necessary to perform their duties and achieve initiatives set out in the organisation’s strategic plan. It achieves this commitment by offering employees internal learning activities, as well as offering a range of supports and financial assistance to all employees wishing to attend external short courses, receive career mentoring or coaching, undertake further study or present at/attend conferences. Support and assistance are offered with the understanding that it will enhance employees’ work and related knowledge/skills both now and in the future.

b) Each employee will commit to undertake educational and training activities provided to them by CPA, as well as, undertake personally any professional development that they may require. Employees receiving professional development support from CPA will attend the required activities, complete the required assessment tasks, assignments, projects and the like. Employees will also make a reasonable contribution of their personal time towards any professional development activity. This may include, but it is not limited to, study and travel time.

c) All employees who benefit from being assisted by CPA in their professional development externally are expected to apply their newfound knowledge in a way that improves their performance and productivity.

D5. Training

a. Where practicable, training will be provided to employees during their normal rostered hours of work. Where it is not:


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1. Employees will attend training outside their normal rostered working hours when they are required to do so by CPA;

2. CPA will provide employees with two (2) weeks’ notice of their requirement to attend training outside of their normal rostered working hours;

3. Employees attending training will be paid their base rate of pay;

4. Employees who are required to travel between their worksite and an alternative site for compulsory orientation/induction training can claim a reimbursement of any associated travel costs if they are required to travel outside a 90 kilometer radius from their normal workplace.

b. Employees are not entitled to Time Off in Lieu of Overtime for travelling to any other CPA site, event, conference or internal training course.

D6. Accommodation and Amenities

a. The minimum standards as set out in the Work Health and Safety Act, 2011, will be met in the provision of amenities to employees.

b. Amenities must include a meal room, facilities for boiling water, warming and refrigerating food and for washing and storing dining utensils, a rest room and sanitary conveniences.


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E. FLEXIBLE WORK PRACTICES E1. Work/Life Balance

a. CPA recognises that a commitment to being an Employer of Choice for Gender Equality by providing a workplace that attracts and retains the best possible talent enables it to fulfil its purpose of building futures for people with cerebral palsy.

CPA further recognises that to maintain a high performance workforce, it is important to encourage employees to have a quality work/life balance. Accordingly, CPA initiatives that encourage this work/life balance include, but are not limited to:

1. Part-time work; 2. Flexible return to work options; 3. Pre-Purchased leave options; 4. Paid Parental leave (maternity, paternity or adoption leave); 5. Paid Family leave; 6. Paid Grandparents leave


a. Where CPA proposes to change an employee’s regular roster or ordinary hours of work, CPA must consult with the employee or employees affected and their representatives, if any, about the proposed change.

CPA must:

1. Provide to the employee or employees and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

2. Invite the employee or employees and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

3. Give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

b. The requirement to consult under this clause does not apply where an employee has

irregular, sporadic or unpredictable working hours. c. These provisions are to be read in conjunction with other Agreement provisions concerning

the scheduling of work and notice requirements.


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F. EMPLOYMENT CLASSIFICATIONS F1. Competency-Based Role Families

a. CPA has adopted a competency based role family approach to employment classifications, as set out in Part B, Disability Support Practitioners Role Family. These reflect the core competencies that CPA requires from all employees to effectively perform any or all of the tasks related to a particular level within the role family.

b. The duties required to be undertaken by an employee in any of the following classifications will remain within the employee’s skills and competence, as set out in Part B, Disability Support Practitioners Role Family.

c. The role family also provides a method of assessing any gap that may exist between an employee’s skill and competency and the level of skill and competency required in a role at a particular level within the role family. Where there is a gap, CPA will ensure that appropriate support and professional development is provided to an employee to address it. In turn, the employee will actively respond to the support given to them and give their full commitment to address the competency gap.

d. CPA’s staff establishment (that is, quantity, categories and levels of roles) is dependent on client needs and desired service performance outcomes. In reviewing and setting the staff establishment annually, CPA also takes into consideration employee workloads and budgetary constraints.

e. The role levels for Disability Support Practitioners (‘DSP’) are as follows:

DSP - Level B:

An employee with very little or no experience in the disability sector who performs basic duties under direct supervision. Must complete orientation and induction programs and gain First Aid and CPR certificates within the first six (6) months of employment. Must be assessed as fully competent at this level before moving to a Level C

DSP – Level C:

Work is regularly supervised. Follows specific detailed instructions and work practice requirements. May administer medication, as directed. May hold a Certificate III in Disability or equivalent. After twelve (12) months continuous service at this level, having completed all ongoing refresher training, maintained currency of their First Aid and CPR certificates and other role-specific certificates, licences and registrations and assessed as fully competent, an employee may move to a C+ wage rate. Must be assessed as fully competent at this level before being considered for a Level D role. Progression to a Level D role is not automatic, but by appointment only.

DSP – Level D:

Ability to work with minimal supervision. Becoming self-reliant. Checks and guides the work of less experienced team members. Provides coaching on the job to other team members. May hold a Certificate IV in Disability or equivalent. Must fully complete ongoing refresher training, maintained currency of their First Aid and CPR certificates and other role-specific certificates, licences and registrations. Must be assessed as fully competent at this level


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before being considered for a Level E role. Progression to a Level E role is not automatic, but by appointment only.

DSP – Level E:

Adopts a professional approach to own accountability and influences others. May act as a work practices resource for a small work group on a regular basis, providing feedback and coaching. May hold a Certificate IV in Disability or equivalent. Must fully complete ongoing refresher training, maintain currency of their First Aid and CPR certificates and other role-specific certificates, licences and registrations. Must be assessed as fully competent at this level before being considered for a Level F role. Progression to a Level F role is not automatic, but by appointment only. DSP – Level F:

Assists with the formal supervision and learning of less experienced team members. Assists in prioritising the work of others, gauging the effectiveness of team members and may participate in organising the allocation of staff. May hold an Associate Diploma or equivalent. Must fully complete ongoing refresher training, maintain currency of their First Aid and CPR certificates and other role-specific certificates, licences and registrations. Must be assessed as fully competent at this level before being considered for a Level G role. Progression to a Level G role is not automatic, but by appointment only. DSP – Level G:

Has formal supervision of a small team. Delegates/allocates work to others, monitoring performance or plans and schedules own work independently. Leads and supports change. May hold a Certificate IV in Frontline Management and Certificate IV in Disability studies or equivalent. Must fully complete ongoing refresher training, maintain currency of their First Aid and CPR certificates and other role-specific certificates, licences and registrations. Must maintain a fully competent assessment at this level.


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G. HOURS OF WORK

G1. Shift Definitions Definitions of each shift worked within a CPA site for a Disability Support Practitioner are as follows:

Shift Start & Finish Times

Day From 8.00 am to 6.00 pm

Night From 6.00 pm and 8.00 am

Awake Night Commencing on or after 9.00pm and finishes on or before 8.00am

Saturday From midnight Friday to midnight Saturday

Sunday From midnight Saturday to midnight Sunday

Public holiday From midnight to midnight on gazetted public holiday


a. The ordinary hours of work for employees, exclusive of meal breaks, are not to exceed 152 hours for every twenty-eight (28) calendar days, to be worked Monday to Friday, inclusive; and to commence on such days at or after 8.00 am and finish before or at 6.00 pm.

The hours of work may be worked in the following ways:

1. 152 hours for every twenty-eight (28) calendar days, arranged so that an employee will not be required to work their ordinary hours on more than twenty (20) days in the cycle.

2. Seventy-six (76) hours each fortnight arranged so that an employee will not be required to work their ordinary hours on more than 10 days in the fortnight; or

3. Thirty-eight (38) hours each week, to be arranged so that an employee will not be required to work their ordinary hours on more than five (5) days in one week.

And only by mutual agreement between CPA and the employee:

4. 152 hours for every twenty-eight (28) calendar days, to be arranged in order that an employee will not be required to work their ordinary hours on more than nineteen (19) days in the cycle.

b. Each full and part-time employee will be free from duty for not less than two (2) calendar days in each week, four (4) calendar days in each fortnight. In exceptional circumstances and only by mutual agreement, a full or part-time employee may be free from duty for not less than eight (8) calendar days in a four (4) week period.

Applies to:

√ Full time employees

√ Part time employees

√ Casual employees

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c. The manager and full and part-time employee can mutually agree that the days where the

employee is free from duty can be non-consecutive.

d. All time from the commencement of duty until the time of completion of duty each day will be calculated as ordinary working time. This calculation will not apply to meal breaks and to those shifts being worked as broken shifts, in accordance with clause G4. Broken Shifts

e. There will be a minimum of eight (8) hours break between ordinary rostered shifts on successive calendar days.

f. In exceptional circumstances and by mutual agreement, an employee may work up to sixteen (16) hours on any four (4) days in any one (1) fortnightly period. An employee will be entitled to overtime in accordance with clause G9. (f) for any work in excess of sixteen (16) hours.

G3. Averaging Hours Over 12 weeks

a. CPA and a day or shift worker working in a CPA business services program can mutually agree that they can be engaged on an averaged hour’s basis over twelve (12) weeks. The objectives of this type of arrangement are to:

• Facilitate the provision of direct support to individual clients where the client’s needs are likely to vary from week to week; and

• Minimise the need for casual rather than part or full-time employment.

b. Each employee will have a full or part time contract of employment that specifies the average hours a week.

c. The contract may specify that the actual hours worked may vary by up to ten (10) hours a week. Where extra hours within this limit are worked, overtime as prescribed by clause G9. Overtime does not apply, although relevant shift penalties, in accordance with clause H2. Shift & Weekend Penalties – Full & Part-Time Employees, will apply.

d. Despite any variation in hours actually worked, the employee will be paid on the basis of their contracted average ordinary hours.

e. A reconciliation of hours worked will take place every twelve (12) weeks,

1. Where an employee has worked in excess of their contracted average hours, time off in lieu will be taken at mutually agreed times during the following twelve (12) weeks. Where agreement cannot be reached, the manager may either direct the employee to take the necessary time off or agree to defer that taking of time off to the next twelve (12) week period or pay the accrued time at an hour-for-hour basis.

2. Where the employee has worked less than their contracted average hours, the manager may require the employee to work make-up time equivalent to the shortfall in hours worked in the subsequent twelve (12) week period. This time may be made up in working with other clients or in other areas of CPA’s services provided the employee has the skill and competence to perform the work.

Applies to:



Casual employees


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G4. Broken Shifts

a. The time between the commencement and the termination of a broken shift will not exceed sixteen (16) hours.

b. There will be a minimum break of eight (8) hours between broken and ordinary rostered shifts, except where a broken shift is followed by a sleepover.

c. In relation to clause G4. b.

a. there can be no more than one (1) consecutive broken shift following a sleepover.

b. where there is mutual agreement between the manager and employee, the employee may work their next shift immediately following the sleepover prior to commencing an eight (8) hour break.

d. The allowances applicable to broken shifts are set out in clause H5. Broken Shift Allowance.

G5. Sleepovers a. Employees who work in CPA’s accommodation services are engaged

on the basis that they are required to undertake a sleepover.

b. The following conditions will apply for each night of a sleepover:

1. No work, other than that of an essential nature involving direct care support of the residents, will be required to be performed during any sleepover.

2. CPA undertakes that, in consultation with the Union, if requested, a review of the sleepover practices at a house will be undertaken, and, if it is found that employees are performing duties other than those deemed to be essential, an awake shift will be implemented.

3. All time actually worked during any sleepover will count as time worked.

a) All time worked by full-time employees during any sleepover will be paid at overtime rates

b) All time worked by part-time and casual employees during a sleepover will be paid at ordinary rates plus any applicable penalties; provided that, if the total number of hours worked on that day exceeds 10, then the excess hours worked on that day will be paid at overtime rates; and provided further that, if the total number of hours worked in a fortnight exceeds 76, then the excess hours worked during such sleepovers in that week will be paid for at overtime rates.

c. Generally, the time for a sleepover will not be less than seven (7) hours or more than ten (10) hours on any one night. However, depending upon client needs, a sleepover may commence and/or finish earlier or later than the times rostered for the start and finish of the sleepover; provided that the time for a sleepover will not be less than seven (7) hours or more than ten (10) hours.

d. Employees will be provided with a separate room with a bed and use of staff facilities.

e. No employee will be rostered to complete a sleepover unless the sleepover follows immediately before or after the start or conclusion of a shift and is continuous with that shift.

Applies to:



Casual employees

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f. No employee will be required to sleep over during any part of their rostered days off and/or

FDO provided for in clauses G2. Ordinary Hours of Work and G8. Fixed Days Off

g. Nothing in this clause will preclude CPA from changing a sleepover shift to an awake night shift in order to meet client needs.

h. The allowances applicable to sleepovers are set out in clause H6. Sleepover Allowance.

G6. Minimum Hours

a. Employees will have a minimum start of two (2) hours.

b. By mutual agreement, a minimum start of one (1) hour will be allowed where CPA is required to deliver services to clients who have individualized or flexible funding.

G7. Breaks

a. Tea breaks:

1. Employees are entitled to a paid rest break each working day of 10 minutes for every four (4) hours worked. Two separate 10 minute tea breaks will be allowed during each ordinary shift of 7.6 hours.

2. Tea breaks will count as time worked.

b. Meal breaks:

1. Employees will not be required to work more than five (5) hours continuously before taking a meal break.

2. A break of no less than 30 minutes and no greater than one (1) hour will be allowed for each meal break.

3. Meal breaks will not count as time worked.

4. In exceptional circumstances only, and with the prior approval from the manager, where an employee is called to work during a meal break, such time will count as ordinary working time and the employee will be allowed to take a break later in the shift to have their meal.

5. In CPA’s Community Living and Community Access Service programs, employees may, with the prior approval of the manager, be required to be available to support clients during their meal break (for example, outings). On these occasions, employees will be entitled to have a 30 minute paid lunch break.

6. Employees working in CPA’s Venee Burges hostel and accommodation services may not be able to leave a site during their shift for work safety and security reasons. In these instances and with prior approval of the manager, employees may be entitled to have a 30 minute paid break.

7. An employee who is required to work overtime for more than two (2) hours shall be supplied with a meal.

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G8. Fixed Days Off (FDO) a. In reference to clause G2. Ordinary Hours of Work (a) 4, CPA will have regard to the needs of

the clients, their team and the program when considering whether to agree to an employee’s request for one (1) Fixed Day Off (‘FDO’) in every four (4) week cycle.

b. Credits towards an FDO will not accrue when an employee is on any paid or unpaid leave or on a Public holiday.

c. Where an employee’s FDO falls during a period of paid Personal Carers leave, the employee’s available Personal Carers leave will not be debited for that day.

d. An employee’s FDO, as prescribed in clause G2. Ordinary Hours of Work (a) 4, is set by CPA and as such is on a fixed day of each month. The calendar is set at the end of each year for the following 12 months.

e. An employee’s FDO will be shown on their roster of hours. f. Any accrued credits towards an FDO will be paid out on termination.

G9. Overtime

a. Employees may be required to work reasonable overtime when required by CPA.

b. All overtime worked must be pre-approved by the manager prior to any overtime being worked.

c. All pre-approved overtime worked by full-time employees outside of their ordinary hours will be paid at their base rate of pay at:

1. 150% for the first two hours of overtime worked Monday to Friday and 200% thereafter;

2. 175% for first two hours of overtime worked on Saturday and 200% thereafter;

3. 200% for all overtime worked on Sunday;

4. 250% for all overtime worked on Public Holidays

d. For part-time employees, pre-approved hours worked in excess of contracted or regularly rostered hours (whichever is greater) up to ten (10) hours each day, will be paid at the employee’s base rate of pay, to which overtime rates will not apply.

e. Part-time employees will be entitled to overtime rates of pay for any pre-approved work in excess of ten (10) hours each day or greater than 76 hours each fortnight.

f. In relation to clause G2. (f), employees will be entitled to overtime rates of pay for all time worked in excess of sixteen (16) hours.

g. For the purposes of assessing overtime, each calendar day will stand alone. However, where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period will be regarded as if they occurred within the one calendar day.

h. Employees recalled to work additional hours that will take them into overtime after leaving CPA’s premises, regardless of whether they have been notified before or after leaving the premises, will be paid for a minimum of two (2) hours work at the appropriate overtime rate

Applies to:


Part time employees

Casual employees

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applicable on such day for each time so recalled. If the work required is completed in less than two (2) hours, the employee will be released from duty.

i. Casual employees will be entitled to overtime rates of pay for any hours in excess of 10 hours in a calendar day or 76 hours in a fortnight. Payments for overtime replace all other shift, weekend and casual penalties and allowances. Casual employees are not entitled to 8.33% casual loading in lieu of annual leave on overtime hours.

j. Where an employee has worked overtime and wherever reasonably practicable, they have at least eight (8) consecutive hours off duty between work on successive days or shifts.

k. Where an employee has not had:

1. a break of at least eight (8) consecutive hours from their ordinary work; or

2. a break of eight (8) consecutive hours off duty in the twenty-four (24) hours before the beginning of their next ordinary day or shift on a weekend or public holiday,

they will be entitled to ten (10) consecutive hours off duty without any loss of pay for rostered ordinary hours occurring during such absence.

l. In relation to clause G9. (k), if an employee has been requested by the manager to resume or continue work without ten (10) consecutive hours off duty, they will be paid at 200% of their base rate of pay until they are released from duty for ten (10) consecutive hours. In addition, an employee will be entitled to ten (10) consecutive hours off duty without any loss of pay for rostered ordinary hours occurring during such absence.

G10. Time Off in Lieu of Overtime (TIL)

Full-time employees may elect to take time off in lieu of overtime (TIL) on the following basis:

a. TIL must be agreed to and pre-approved by the manager before being worked;

b. Employees cannot be compelled to take TIL;

c. TIL is calculated on one hour for each hour of overtime worked;

d. The maximum hours that may be accrued as TIL at any time must not exceed the number of hours in the employee’s ordinary working week;

e. TIL is taken at the base rate of pay. TIL will not incur penalties, regardless of day it is taken;

f. TIL is to be taken within three (3) months and at a time agreed to with the manager. Should the employee not take the TIL within this period, then the TIL will be paid out at the employee’s base rate of pay;

g. Any TIL accrued, but not taken at termination, will be paid out at the employee’s base rate of pay;

h. In accordance with clause D5. Training, travelling to and from professional development training and seminars will not accrue TIL.

i. Approved TIL will not be awarded to employees who freely volunteer their time for any of CPA’s fundraising or promotional events.

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Casual employees


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G11. Public Holidays

a. For the purposes of this Agreement and in accordance with the NSW Public Holidays Act, 2010, the following shall be deemed to be public holidays for employees working in NSW:

New Year’s Day Australia Day Good Friday Easter Saturday Easter Sunday Easter Monday Anzac Day Queen’s Birthday Labour Day Christmas Day Boxing Day CPA Day*

and any other day duly proclaimed and observed as a public holiday for the State.

*This additional public holiday will occur on a date in the period between Boxing Day and New Year’s Day, which is not a gazetted public holiday and will be regarded for all purposes of this clause as any other public holiday.

b. In accordance with the ACT Holidays Act, 1958, employees working in the ACT receive the following public holidays:

New Year’s Day Australia Day Canberra Day Good Friday Easter Saturday Easter Sunday Easter Monday Anzac Day Queen’s Birthday Labour Day Family & Community Day Christmas Day Boxing Day

and any other day that the Minister declares to be a holiday in the ACT.

c. Where a public holiday falls on a day that a full or part-time employee is normally rostered to work, they shall be entitled to the day off and be paid for their normal rostered hours at their base rate of pay.

d. Where a public holiday falls on a day that a full or part-time employee is not normally rostered to work, there is no entitlement to payment for that Public Holiday.

e. If CPA requests an employee to work on a public holiday, the employee may refuse the request if they have reasonable grounds, as defined by the NES.

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f. The allowances applicable to work on Public Holidays are set out in clause H4. Public Holiday

Penalties.

G12. Attendance at Meetings

a. Regular meetings will be held in order to ensure that all employees working in CPA’s disability support services receive adequate supervision and information. Time spent at these meetings will be regarded as time worked.

b. The manager will provide two weeks’ notice of the need for employees to attend house meetings.

c. Employees acknowledge that under this Agreement, if they are directed to attend a meeting outside their ordinary hours of work, for which they will be paid, they must attend.

d. If an employee who has been directed to attend a meeting by CPA is experiencing extenuating circumstances that prevents their attendance, they must advise CPA of such circumstances as soon as practicable after notice of the meeting is issued by CPA.

e. With the exception of full-time employees, any time spent at meetings will not be viewed as overtime for the purposes of this Agreement. Employees will be paid at their base rate of pay, with a minimum payment of two (2) hours.

f. For full-time employees, overtime rates will only apply if they are required to attend a house meeting on their rostered day off, unless they agree to change their rostered day off to another day.

G13. Rosters

a. The ordinary hours of work for each employee will be displayed on a roster in a place conveniently accessible to employees. The rosters will be displayed at least two (2) weeks before the commencement of the roster period.

b. A roster may be altered temporarily at any time to allow CPA to maintain services to clients in an emergency, or where another employee is absent from work due to illness or personal circumstance.

c. A manager may, after consultation with an employee, permanently alter an employee’s roster in response to the changing needs and expectations of CPA’s clients.

d. Where a temporary alteration of an employee’s roster involves a full-time employee working on a day, which would have been their rostered day off, the full-time employee may elect to be paid at overtime rates or have a day off in lieu, at a time mutually agreed between the employee and their manager.

e. Any alteration to the rostered hours for a day worker must be consistent with the definition of day worker in accordance with clauses B1. General Definitions and G2. Ordinary Hours of Work.

f. An employee may request, in writing, to either temporarily or permanently change their roster. The manager will only approve such a request if the proposed change:

1. will not impede or disrupt the efficient delivery of services to CPA clients;

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2. will not add to the cost of delivery of services to CPA clients; 3. does not affect any other employees’ number or pattern of working hours, unless the

proposed change has been mutually agreed to by the affected employees


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H. WAGES, PENALTIES & ALLOWANCES H1. Wages, Penalties & Allowances

The minimum wages, penalties and allowances per week are set out in Part C, Monetary Rates, Table 1 – Wage Rates, and Table 2 – Allowances. The parties have agreed that the following increase shall apply, moving forward;

1. The time that the Agreement is made shall be the “determination date”.

2. At the time of the determination date, the percentage difference between the Agreement Rates of pay as set out in Table 1 – Wage Rates, and the minimum rates of pay in the corresponding classifications as per the Social, Community, Home Care and Disability Services Industry Award 2010, shall be called the “Award difference”.

3. CPA provides an undertaking moving forward that all classifications as set out in Table 1 – Wage Rates, will at least maintain the Award difference in respect to the Annual Wage Case as determined by the Fair Work Commission (for which usually applies on the first full pay period after 1 July each year) and for those applicable employees, the Equal Remuneration Order [PR525485] as made by the then Fair Work Australia on the 22 June 2012.

H2. Shift & Weekend Penalties – Full & Part-Time Employees

a. Full and part-time employees are entitled to the following shift penalties, calculated on their base rate of pay for ordinary hours worked during shifts worked Monday to Friday:

b. Full and part-time employees are entitled to the following weekend penalties calculated on

their base rate of pay for ordinary hours worked on a weekend:

c. Weekend penalties are in lieu of shift penalties, where applicable.

Applies to:




Applies to:



Casual employees

Shift Start & Finish Times Penalty

Day From 8.00am to 6.00pm No penalty

Night From 6.00 pm to 8.00am 15%

Awake night Commences on or after 9.00 pm and finishes on or before 8.00 am 20%

Weekend - Start & Finish Times Penalty

Saturday (midnight Friday to midnight Saturday) 50%

Sunday (midnight Saturday to midnight Sunday) 75%


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d. Where an employee works a shift that crosses two different penalty rates (e.g. Friday night

and Saturday morning), the employee will receive the shift penalty applicable to each individual period.

H3. Shift & Weekend Penalties – Casual Employees

a. Casual employees are entitled to the following shift penalties,

calculated on their base rate of pay for ordinary hours worked during shifts worked Monday to Friday:

b. In addition to the shift penalties, casual employees are also entitled to 8.33% casual loading on

their base rate of pay, in lieu of annual leave.

c. Casual employees are entitled to the following weekend penalties calculated on their base rate of pay for ordinary hours worked on a weekend:

d. Weekend penalties are in lieu of shift penalties, where applicable. In addition, casual

employees are also entitled to 8.33% casual loading on their base rate of pay, in lieu of annual leave.

e. Where an employee works a shift that crosses two different penalty rates (e.g. Friday night and Saturday morning), the employee will receive the shift penalty applicable to each individual period.


a. For full and part-time employees who are required to and do work on any Public Holiday gazetted as such by either the NSW Public Holidays Act, 2010 or Holidays Act, 1958 (ACT) will be paid 250% of their base rate of pay for the hours worked, with a minimum payment of two (2) hours’ work. This penalty replaces all other shift and weekend penalties and allowances.

Applies to:

Full time employees

Part time employees


Shift Start & Finish Times Penalty

Day From 8.00am to 6.00pm 10%

Night From 6.00 pm to 8.00am 25%

Awake night Commences on or after 9.00 pm and finishes on or before 8.00 am 30%

Weekend - Start & Finish Times Penalty

Saturday (midnight Friday to midnight Saturday) 50%

Sunday (midnight Saturday to midnight Sunday) 75%

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b. For casual employees who are required to and do work on any Public Holiday gazetted as

such by either the NSW Public Holidays Act, 2010 or Holidays Act, 1958 (ACT) will be paid 250% of their base rate of pay for the hours worked, with a minimum payment of two (2) hours’ work. This penalty replaces all other shift and weekend penalties and allowances. In addition, casual employees will be paid 8.33% casual loading on their base rate of pay, in lieu of annual leave.

H5. Broken Shift Allowance a. An employee who works a broken shift in accordance with clause G4.

Broken Shifts will be paid an allowance as set out in Part C - Monetary Rates, Table 2, Allowances, Item 2

H6. Sleepover Allowance a. An employee who sleeps over in accordance with clause G5.

Sleepovers will be paid an allowance as set out in Part C - Monetary Rates, Table 2, Allowances, Item 3 – 6 for each sleepover.

b. A sleepover on the evenings of Christmas Eve, Christmas Day and New Year’s Eve will be paid at the highest sleepover allowance, as set out in Part C - Monetary Rates, Table 2, Allowances, Item 3 – 6.


Employees who are required to use their private motor vehicle on a casual or incidental basis other than that described in clause D5. Training, will be paid at the rate prescribed by the Australian Taxation Office for that particular year.


a. Employees may be required, at times of annual leave, emergency or other absence, to take on higher duties.

b. Where a manager requests and an employee agrees to accept higher duties work, the employee will be paid at a rate not less than the minimum rate prescribed for that level applying to the employee being relieved.

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Casual employees

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a. Salaries and wages will be as set out in Part C – Monetary Rates, Table 1 – Wage Rates and will commence from the first pay period on or after the commencement date of this Agreement. Classifications and levels are as set out in clause F1. (e).


a. Employees will have their remuneration paid fortnightly in arrears by electronic transfer into an account with a bank or other financial institution, as nominated by the employee and in accordance with the Act and Regulations.

b. Where an employee has been overpaid, CPA will notify the employee in writing with details of the overpayment, including how the overpayment is made up.

c. CPA may recover an overpayment from an employee after the employee has confirmed the amount of the overpayment and agreed to how they will pay it back. This sub-clause authorises the use of wage deductions for the purpose of paying back an overpayment. Any deduction from wages to pay back an overpayment must be authorised in writing by the employee.

d. An employee who has given or who has been given the required notice of termination of employment, in accordance with clause K. Termination of Employment, will be paid all monies on the next ordinary pay day after their last day of employment or in a reasonable timeframe thereafter.

e. Where an employee is summarily dismissed or their services are terminated with payment in lieu of notice, any monies due to them will be paid in the next ordinary pay.

f. On the next ordinary pay day after their last day of employment, an employee will have available to them, either in paper or electronically, a pay slip containing the following particulars: name, the amount of ordinary salary, the amount of their tax free expenses, superannuation and other relevant benefits, the total number of hours of overtime worked and the amount of any overtime paid (if applicable), the amount of any other monies paid, the purpose for which they are paid, and the amount of deductions made from total earnings and the nature thereof and anything else in the regulations as varied from time-to-time.

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Casual employees

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a. CPA is committed to providing employees with terms and conditions of employment that are market competitive and reflective of the qualifications, skills and abilities of its employees.

b. As part of this commitment, CPA invests in ongoing remuneration surveys to benchmark its salaries and wages against the NFP sector and the broader industry markets.

c. Any employee whose current base rate of pay is above the rate in Part C – Monetary Rates, Table 1 – Wage Rates of this Agreement will remain on the higher base rate of pay. The employee will not receive further rate increases unless the relevant base rate of pay in this Agreement becomes higher than the employee’s base rate of pay.


a. As CPA is a Public Benevolent Institution (PBI), employees are able to participate in remuneration packaging, which provides part of the employees’ remuneration in cash and part in benefits free of Fringe Benefits Tax (‘FBT’).

b. Eligible employees, (except casuals) who work a minimum average of 20 hours a week, will be required to be paid in the form of a remuneration package (‘package’). The terms and conditions of such a package will not, when viewed objectively, be less favourable than the entitlements otherwise available under this Agreement.

c. CPA will ensure that the structure of the package complies with taxation and other relevant laws.

d. A copy of the terms of the package and associated documentation will be made available to the employee, and will be signed by both CPA and the employee.

e. An employee may consult with the Union or another body prior to signing a remuneration package agreement as described in clause I4. (d).

f. An employee may change the configuration of their package no more than once every twelve (12) months.

g. Employees will not be allowed to carry forward any unused amount from one FBT year to another and must ensure that any unused amount is used by no later than 31 March each year.

h. In the event that CPA ceases to attract exemption from FBT, CPA undertakes to pay employees the same Agreement rate, but would cease to offer the additional shared tax free benefit.

i. Should existing taxation laws change, such that CPA’s Remuneration Packaging Program is significantly altered or is no longer a viable benefit to offer to employees, CPA reserves the right to alter or completely withdraw the Remuneration Packaging Program at any time upon the provision of three (3) month’s notice in writing to employees.

I5. Superannuation

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Casual employees

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a. Superannuation is dealt with extensively by legislation, including the

Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993, collectively known as SG Legislation.

b. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

c. Superannuation contributions will be made for the benefit of employees to an approved eligible choice superannuation fund that is a fund that offers a MySuper product.

d. Such contributions will be remitted to the approved eligible choice superannuation fund not later than on a quarterly basis.

e. Should an employee fail to nominate an approved eligible choice superannuation fund, CPA will make the superannuation contributions to its default fund.

f. Employees are entitled to make pre-tax (superannuation salary sacrifice) and/or post-tax contributions to an approved superannuation fund of their choice. In this regard, employees may nominate a percentage or amount of the remuneration they wish to contribute on a fortnightly basis, future bonus entitlements and accrued leave entitlements on the termination of their employment.





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J. LEAVE


a. Employees are entitled to leave as provided for in the NES and this Agreement.

b. Employees are entitled to be paid at their base rate of pay for all periods of authorised paid leave.

c. Part-time employees are entitled to leave on a pro rata basis on the basis that the ordinary weekly hours for full-time employees are 38 hours each week.

d. Casual employees are not entitled to leave, other than unpaid carer’s leave, long service leave and unpaid parental leave, the latter only being available to eligible casual employees, as defined by the NES.

J2. Annual Leave (Day Workers)

Annual leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Full-time employees are entitled to four (4) weeks annual leave (pro-rated for part-time employees) for each year of service with CPA.

b. Annual leave accrues progressively during a year of service, in accordance with the employee’s ordinary hours of work.

c. An employee must provide one month’s notice of the date in which they intend to take annual leave.

d. Notwithstanding clause J2. (c), employees can take annual leave at a time, and in a quantity, agreed between themselves and CPA, such agreement not to be unreasonably withheld by their manager.

e. A public holiday falling during an employee’s annual leave will be counted as a public holiday, not as annual leave.

f. CPA may permit an employee to use accrued annual leave where the employee’s accrued Personal Leave is exhausted. Such substitution must be agreed by both CPA and the employee.

g. CPA may direct an employee to take annual leave:

1. If the employee has accrued an excess amount of annual leave (greater than eight (8) weeks) and where mutual agreement is not forthcoming; or

2. During a period of forced shut down event e.g. Christmas/New Year period. In the case where an employee does not have accrued annual leave, CPA may approve leave without pay.

3. In emergency situations, where CPA’s operations are adversely affected beyond CPA’s control by events such as fire, flood, explosion, bomb attack, war, terrorism, natural disasters, state emergencies or complete computer malfunctions.

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h. If directed to take annual leave in accordance with clause J2. (g) (1) and (2), a manager will

give the employee one (1) month’s notice of the date that the employee must take annual leave.

i. CPA may permit for the accumulation of excess annual leave balances if an employee is doing so for a significant personal event such as overseas travel, parental leave, etc., and the employee has sought approval for this in advance of accruing the excessive annual leave.

j. Casual employees are entitled to a pro rata casual loading of 8.33% in lieu of annual leave.

J3. Annual Leave (Shift Workers) Annual leave for shift workers is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. In addition to clause J2. Annual Leave (Day Workers), an employee, who is rostered and works more than four ordinary hours on 10 or more Sundays and/or public holidays, is entitled to an additional one (1) weeks leave at their average hours worked over the previous 12 months, where the following criteria has been met:

They,

1. are regularly rostered to work those shifts; and

2. regularly work on Sundays and/or public holidays

b. No annual leave loading or penalties are payable on this leave.

c. An employee, entitled to additional annual leave, may elect to be paid an amount equivalent to the value of their additional annual leave in lieu of taking the leave.

d. Casual employees are entitled to a pro rata casual loading of 8.33% in lieu of annual leave.

J4. Annual Leave Loading a. In addition to their base rate of pay an employee will be paid either

an annual leave loading of 17.5% on four (4) weeks of their base rate of pay or their weekend and shift penalties, whichever is the greater.

b. Weekend and shift penalties will not be payable for public holidays or for days which have been added to annual leave in accordance with clause G11. Public Holidays, which occur during an employee’s annual leave,

Applies to:




Applies to:



Casual employees


P a g e 3 9

J5. Annual Leave – Cashing Out

Cashing out excess annual leave is provided for in the Fair Work Act, 2009 and in the NES. This clause highlights key NES, as well as, additional provisions:

a. An employee can request to have annual leave cashed out up to an amount, which after it is cashed out, would still leave the employee with an entitlement of at least four (4) weeks annual leave; and

b. Employees, to be eligible to cash out annual leave, must have taken at least two (2) weeks annual leave each year for the past two (2) years; and

c. Each cashing out of a particular amount of annual leave will be by a separate agreement in writing between CPA and the employee; and

d. The cashed out amount cannot be any less than one (1) week or if more than one (1) week, in multiples of one (1) week.

e. CPA will pay the employee an amount that is no less than would have been payable to the employee had the employee taken the leave that they have requested to be paid out.


Paid personal leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. A full-time employee will be entitled to personal/carer’s leave on full pay, calculated by allowing 76 ordinary hours of work or ten (10) days for each year of service (pro rata for part-time employees). Any unused leave will remain to the employee's credit.

b. Personal leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

c. Where an Agreement agreed or public holiday occurs during an employee’s absence on personal/carer’s leave, then such Agreement holiday or public holiday will not be counted as personal/carer’s leave.

d. Employees will be paid for Personal Leave taken at their base rate of pay.

e. Personal leave can be taken by the employee as either:

1. Sick leave because the employee is suffering from a personal illness or injury; or

2. Carer’s leave where they are responsible to provide care or support for a person, where they are ill or injured, or who require care due to an unexpected emergency, who would be classed as immediate family in accordance with Clause B1. General Definitions

f. An employee may be required to provide a sick leave certificate, statutory declaration or other evidence that would satisfy a reasonable person to substantiate the reason for all periods of sick leave, taken by the employee due to illness. However, CPA may dispense with the requirements of suitable evidence where the absence does not exceed two (2) consecutive working days, or where, in CPA’s opinion, the circumstances are such as not to warrant such a requirement.

Applies to:



Casual employees

Applies to:



Casual employees


P a g e 4 0

g. Where CPA requires evidence in accordance with clause J6. (f), and where such evidence is

not provided, no payment for personal leave taken will be made to the employee other than the initial two (2) days of personal leave taken.

h. In regards to Personal/Carers Leave taken other than for sick leave, employees are required to submit to CPA on their return from leave, a certificate or letter from an appropriately qualified medical practitioner, or alternatively a statutory declaration, evidencing their need to take carer’s leave to care or support a member of the employee’s immediate family or household. In normal circumstances, an employee must not take carer’s leave where another person has taken leave to care for the same person on the same day.

i. An employee will take all reasonably practicable steps to inform CPA of their inability to attend for duty, and as far as possible, state the estimated duration of the absence.

j. Where practicable, such notice will be given within 24 hours of the commencement of the absence.

k. An employee will not be entitled to personal/carer’s leave on full pay for any period where the employee is entitled to full pay on workers compensation, provided however, that where the workers compensation is less than full pay, CPA will pay to the employee, who has personal/carer’s leave entitlements under this clause, the difference between the amount received as workers compensation and full pay.


Unpaid carer’s leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Once an employee’s entitlement to paid Personal Leave has been exhausted, an employee is entitled to two (2) days unpaid carer’s leave for each permissible occasion for the purposes of providing care and support to a member of their immediate family who is ill, injured or who require care due to an unexpected emergency.

b. Unpaid carer’s leave cannot be taken whilst the employee has accrued paid personal/carer’s leave entitlements.

c. An employee’s manager may approve additional unpaid carer’s leave after giving consideration to the employee’s circumstances and the operational requirements of the service.

d. Employees will not be considered to be on unpaid personal carer’s leave where such leave falls on a public holiday or during periods of other leave.

e. Unpaid carer’s leave can be taken as:

1. A single continuous period of up to two (2) days; or

2. Any separate periods to which the manager and the employee agree.

Applies to:





P a g e 4 1


Compassionate leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. A full or part-time employee is entitled to two (2) days of paid compassionate leave when a member of the employee’s immediate family or household:

1. Contracts or develops a personal illness that poses a serious threat to their life; or

2. Sustains a personal injury that poses a serious threat to their life; or

3. Dies.

b. In regards to compassionate leave, the employee need not have been responsible for the care of the person concerned.

c. For compassionate leave to be granted, an application may be required to be supported by either the production of a medical or death certificate, statutory declaration or other satisfactory evidence describing the circumstances of the person(s) concerned.

d. The employee may take compassionate leave for each occasion:

1. For the purposes of spending time with the member of the employee’s immediate family or household who has contracted or developed the personal illness or sustained the personal injury; or

2. After the death of the member for the employee’s immediate family or household.

e. An employee may take compassionate leave as:

1. A single continuous period of two (2) days; or 2. Two separate periods of one (1) day each; or 3. Any separate periods to which the employee and their manager agree

f. Employees will be paid for compassionate leave at their base rate of pay.

g. Compassionate leave may be taken in conjunction with other leave available in accordance with clause J1. Leave Entitlements. In determining such a request, the manager will give consideration to the circumstances of the employee and the reasonable operational requirements of the service.

h. Casual employees are entitled to two (2) days unpaid compassionate leave for each permissible occasion. Such entitlement will be subject to the conditions in accordance with clause J8. (c), (d) and (e).

J9. Emergency Leave

a. An employee, other than a casual employee will be entitled to one (1) day leave without loss of pay on each occasion that they are forced to be absent from duty because of unforeseen urgent pressing necessity, e.g. floods or bushfires, which prevent attendance for duty.

b. Such leave will be limited to the time necessary to cover the immediate emergency.

Applies to:



Casual employees

Applies to: √ Full time employees √ Part time employees Casual employees


P a g e 4 2

c. On any other occasion, where an employee is forced to be absent from duty because of an

unforeseen urgent necessity, other than that described above, the manager may grant the employee leave without pay or otherwise as mutually agreed between the employee and their manager, the absence(s) can be deducted from the employee’s annual leave entitlements.


Community service leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Emergency Services Leave

1. Unpaid leave will be granted to all casual, part and full time employees who are involved in a voluntary emergency services activity.

2. Up to ten (10) days of paid leave will be granted to part and full time employees who have twelve (12) months of continuous service with CPA.

3. Employees eligible for paid and unpaid leave must be a member of a recognised emergency management body and be able to produce evidence of such membership on request.

b. Jury Service

1. Leave will be granted and makeup pay will be paid to all part and full time employees who are required for Jury Duty by or under law of the Commonwealth, a State or a Territory.

2. Unpaid leave will be granted to all casual employees who are required for Jury Duty by or under law of the Commonwealth, a State or a Territory.

3. All employees must immediately inform their manager upon receiving notification to attend Jury Duty. They must also provide a copy of the jury service summons.

4. To be eligible for payment of makeup pay, part and full time employees must provide evidence that would satisfy a reasonable person that the:

- employee has taken all necessary steps to obtain any amount of jury service pay to which they are entitled to; and

- total amount of jury service pay that has been paid or is payable, to the employee for the period of the jury service

c. Defence Reserve Force Leave

1. Unpaid leave will be granted to all casual, part and full-time employees who are members of the Defence Reserve Force.

2. Up to ten (10) days of leave will be granted and makeup pay will be paid to part and full time employees who have twelve (12) months of continuous service with CPA.

3. To be eligible for payment of makeup pay, part and full time employees must provide a copy of their military pay voucher to enable CPA to determine the difference between the payment they received from the Defence Force and their CPA base rate of pay.

Applies to:



Casual employees


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J11. Ceremonial Leave An employee who is legitimately required by Aboriginal and Torres Strait Islander tradition to be absent from work for Aboriginal and Torres Strait ceremonial purposes, will be entitled to ten (10) working days unpaid leave in any one year, with the approval of CPA. J12. Purchased Additional Leave a. Eligible part and full-time employees, who work 22.8 hours or more each week may

purchase additional leave, in accordance with CPA policies.

b. The purchased options are:

1. One, two or four or six weeks 2. Three months (13 weeks) 3. Six months 4. Twelve months

c. Pre-purchased leave enables an employee to acquire additional leave in exchange for a proportional reduction in the employee’s remuneration over an agreed period.

d. Pre-purchased leave can be taken in conjunction with any paid leave.

e. Pre-purchased leave counts as service for all purposes. Employees continue to accrue their normal entitlements whilst on pre-purchased leave (e.g. annual, sick and long service leave). They will be expected to take up their normal duties on returning from their pre-purchased leave.

f. The manager has the right to decline or renegotiate an employee’s application for pre-purchase additional leave, if the proposed dates for its use will conflict with operational requirements and/or reduce service delivery to clients and their families. Where an employee is promoted or transferred to another role/work site, they will have to confirm or renegotiate, with their new manager, the timing for taking the pre-purchased leave.

g. These options are not available to casual staff and employees contracted for periods of less than twelve (12) months.

J13. Leave without Pay There are two (2) types of Leave without Pay (LWOP): a. The first type of LWOP is statutory entitlements under the Act:

• Unpaid Parental Leave • Unpaid Carer’s Leave • Unpaid Compassionate Leave • Unpaid Community Service Leave; and

b. The second type of LWOP is unpaid leave only granted by CPA in

exceptional circumstances





P a g e 4 4

c. The following will be considered when determining whether unpaid leave will be granted

by CPA:

1. The employee has been employed by CPA for at least six (6) months; and

2. Will the granting of leave cause disruption to services?

e. Any period of unpaid leave, with the exception of leave in accordance with clause J10. Community Service leave, will not count toward service for the purposes of entitlement to personal/carer’s, annual, parental and long service leave or redundancy.

f. Periods of unpaid leave greater than two (2) months must be approved by the Chief

Executive Officer. J14. Long Service Leave

For NSW based employees, Long Service Leave is provided for in accordance with the NSW Long Service Leave Act, 1955 and the NES.

a. The following provides a summary of the key provisions for employees with less than five (5) years of continuous service as at the commencement of the Agreement:

1. All full-time and part-time employees are entitled to take long service leave after completing ten (10) years of continuous service with CPA.

2. Eligible employees are entitled to two (2) months leave after ten (10) years continuous service and an additional one (1) months leave for each further five (5) years continuous service.

3. Casual employees are entitled to long service leave, in accordance with the NES.

4. One month equals four and one third (4 1/3) weeks.

5. Employees when taking long service leave must take leave in minimum blocks of one (1) week

6. Where the service of an employee with at least five (5) years continuous service is terminated by CPA for any reason other than the employee’s serious and willful misconduct, or by the employee on account of illness, incapacity or pressing domestic necessity, or by reason of death of the employee, the employee will be entitled for five (5) years continuous service to one (1) month’s long service leave on full pay and for service after five (5) years to a proportionate amount of such leave on full pay, calculated on the basis of two (2) months long service leave for ten (10) years continuous service.

b. The following provides a summary of the key provisions for employees with five (5) or more years of continuous service as at the commencement of the Agreement:

1. Employees with five (5) or more years as at the commencement of this Agreement, will after 10 years continuous service, be entitled to two (2) months leave of absence on full pay, and, for each additional five (5) years continuous service thereafter, to an additional two-and-one-half (2½) months leave of absence on full pay.





P a g e 4 5

2. Eligible employees in accordance with clause J13. (a) will be entitled to cash out each year any long service leave entitlement which is over and above the amount legislated by the NSW Long Service Leave Act, 1955.

3. In relation to clause J13. (b), the cashed out amount cannot be any less than one (1) week or if more than one (1) week, in multiples of one (1) week.

For ACT based employees, Long Service Leave is provided for in accordance with the Long Service Leave (Portable Schemes) Act, 2009 and the NES. This clause provides a summary of the key provisions.

a. The scheme provides a portable long service leave entitlement to employees undertaking relevant work across the community sector for any employee within the industry.

b. All employees are entitled to 8.67 weeks leave after ten (10) years’ of service in the community sector industry.

c. All employees are eligible for a pro-rata payment after five (5) years of service within the scheme.

d. Employees must take long service leave in minimum blocks of two (2) weeks.

J15. Parental Leave

Parental leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions: Part and full-time employees, are entitled to a total of up to twelve (12) months parental leave (comprising both paid and unpaid leave) after completing at least twelve (12) months continuous service with CPA. a. Paid and unpaid parental leave comprises maternity leave,

paternity leave and adoption leave.

b. An employee must give CPA at least ten (10) weeks written notice of their intention to take parental leave, or if that is not reasonably practicable, as soon as is reasonably practicable, indicating both the intended start and end dates of the leave.

c. All such requests must be accompanied by a medical certificate, statutory declaration or other evidence that would satisfy a reasonable person to substantiate the reason for the request. The request must include the expected date of birth of the child, or in the case of an adopted child, a statutory declaration or letter from the appropriate agency indicating the expected day of placement of the adopted child and that the child will be under school age as at the day of placement, or the expected day of placement of the adopted child.

d. Parental leave must be taken in a single continuous period.

e. An employee who originally planned to take less than twelve (12) months unpaid parental leave can extend their leave. The total period, with the extension, cannot be more than twelve (12) months.

An employee wanting to extend their parental leave must give a minimum of four (4) weeks written notice prior to the completion of their leave, specifying the new proposed end date of the leave.

Applies to:





P a g e 4 6

Where CPA agrees, the employee may further extend the period of unpaid parental leave beyond the employee’s available parental leave period.

f. Where CPA agrees, an employee may request to return to work from parental leave earlier than the planned date. Where CPA has not agreed to an earlier return to work, the employee’s original planned date stands.

No notice period is required where CPA and the employee have agreed to a new return to work date.

g. On finishing a period of unpaid parental leave, an employee is entitled to return to:

1. The employee’s pre-unpaid parental leave role; or

2. If that role no longer exists, an available role for which the employee is suitably qualified, suited or can be trained to suit, and that is nearest in status and pay to the employee’s pre-unpaid parental leave role. Should the employee refuse such alternative role, no entitlement to redundancy benefits will accrue.

h. The period of paid maternity leave will be twelve (12) weeks.

i. Paid leave, such as, annual leave may be taken at the same time as unpaid parental leave. An employee, however, is not entitled to take paid personal/carers leave or compassionate leave nor are they entitled to payment for community services leave in relation to any activities they may engage in whilst taking unpaid parental leave.

j. An employee, who is entitled to paid paternity leave in any one year, must commence the leave within four (4) weeks of the birth of the child. The period of paid paternity leave is two (2) weeks.

k. Paternity Leave is paid at the ordinary rate of pay.

l. Unpaid paternity leave can be taken in conjunction with paid Paternity Leave, for a period not exceeding 52 weeks.

m. Paid Parental Leave is not taken into account when calculating the period of service within the organisation for the purposes of accruing personal/carer’s, annual and long service leave.

n. A part or full-time employee who has returned to work after parental leave must complete at least one (1) year of continuous service prior to the expected date of birth or prior to the date of taking custody of the child before they can again be eligible for parental leave.

o. Paid parental leave, as covered by this clause, becomes redundant if a government introduces a more generous paid parental leave scheme.

J16. Family Leave In order to encourage and support the desired healthy work/life balance, CPA provides the following to eligible part and full-time employees who have a minimum of twelve (12) month’s continuous service: a. Employees who have averaged 38 hours a week over the previous

12 months will receive two (2) paid days (up to 7.6 rostered hours each day) of family leave.

Applies to:



Casual employees


P a g e 4 7

b. Employees who have averaged less than 38 hours a week, but 22.8 or more hours over the

previous 12 months will receive one (1) paid day (up to 7.6 rostered hours) of family leave. c. The days are non-cumulative and must be taken within twelve (12) months of the

employee’s anniversary date. d. Family leave days cannot be cashed out. J17. Grandparents Leave In order to encourage and support the desired healthy work/life balance, CPA provides the following to eligible part and full-time employees who have a minimum of twelve (12) month’s continuous service and who work 22.8 or more hours a week: a. One (1) paid leave day (up to 7.6 rostered hours) on the occasion of

the birth of their grandchild to be taken within fourteen (14) days of the grandchild’s birth.

b. No more than three (3) paid leave days for any three separate birth occasions can be taken in a calendar year.

c. The employee will provide satisfactory evidence, on request, as proof of compliance with this clause.

d. Leave days are non-cumulative. e. Leave days cannot be cashed out.

Applies to:



Casual employees


P a g e 4 8


K. Notice of Termination Notice of termination is provided for in the NES. This clause highlights key NES, as well as, additional provisions.


a. Within the six (6) month qualifying period only, both CPA and the employee are required to give one (1) weeks’ period of notice.

b. Outside the qualifying period, the period of notice required to be given by an employee is two (2) weeks.

c. If an employee fails to give the required notice, CPA may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount being the difference between the required period of notice and the actual period of notice given by the employee.

An employee, taking personal leave during a period of notice, will be required to provide evidence in accordance with clause J6 (f) Paid Personal Leave to substantiate the reason for each absence.


a. CPA may terminate an employee’s employment by giving the following written notice or payment in lieu of such notice:

Employee’s period of continuous service with CPA Period at the end of the day the notice is given 1. Not more than 1 year 1 week 2. More than 1 year but not more than 3 years 2 weeks 3. More than 3 years but not more than 5 years 3 weeks 4. More than 5 years 4 weeks

b. Where an employee is over 45 years of age and has completed at least two (2) years of continuous service at the end of the day the notice is given, they are entitled to one (1) additional week’s notice.

c. CPA may terminate the employment of a casual employee by giving notice at the end of the employee’s current worked shift.

Applies to:



Casual employees

Applies to:



Casual employees


P a g e 4 9


a. CPA may, without notice, summarily dismiss an employee at any time for serious and willful misconduct.

b. Payment is up to the time of dismissal only.

K4. Redundancy

a. Employees are entitled to redundancy as provided for in the NES and this Agreement and will be administered in accordance with the policies of CPA, as amended from time to time.

b. The provisions of this clause apply to permanent employees only. Casual employees are employed by the hour and therefore may provide, or be provided with, one (1) hours’ notice, should their services not be required or should either party wish the employment relationship to cease.

c. An employee is entitled to be paid redundancy pay by CPA if the employee’s employment is terminated at CPA’s initiative in circumstances where CPA no longer wishes the job the employee has been doing to be done by anyone as a result of changes referred to in clause C1. (a) (1) Introduction of Change – CPA’s Duty to Notify.

d. Wherever possible, to avoid the need to retrench an employee, CPA will consider all other options such as redeployment to other roles or locations, retraining or transfer to other CPA operational divisions.

e. Where CPA has made a decision that the role an employee has been doing is no longer required to be done, and that decision may lead to the termination of the employee’s employment, CPA will hold discussions with the employee directly affected and their workplace representatives.

f. The discussions will take place as soon as practicable after CPA has made a definite decision, and will cover, amongst other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse affects of any termination on the employees concerned.

g. CPA will provide the employee the following notice after a decision has been made to terminate the employee’s employment:

Employee’s period of continuous service Period of notice 1. Not more than 1 year 1 week 2. More than 1 year, but not more than 3 years 2 weeks 3. More than 3 years, but not more than 5 years 3 weeks 4. More than 5 years 4 weeks

h. In addition to the notice in clause K4 (g), employees over 45 years of age, with not less than two (2) years continuous service at the time of being given the notice of termination, will be entitled to an additional one (1) weeks’ notice.

Applies to:



Casual employees

Applies to:



Casual employees


P a g e 5 0

i. Payment in lieu of notice will be made if the appropriate notice period is not given. Provided

that the employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

j. During the period of notice, an employee will be allowed up to one (1) day’s time off without loss of pay during each week of notice, to a maximum of five (5) weeks, for the purpose of seeking other employment.

k. If the employee has requested and CPA has granted paid leave of more than one (1) day during the notice period for the purpose of seeking other employment, the employee will be, at the request of CPA, required to produce proof of attendance at an interview(s), otherwise the employee will not receive payment for the granted additional time.

l. Where the employment of an employee is to be terminated due to redundancy, CPA will pay the following severance payment, in addition to the required payment of notice in accordance with clause K4 (g) and (h).

1. If the employee is under 45 years of age, CPA will pay in accordance with the following scale:

Years of Service Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and less than 14 years 16 weeks 14 years and less than 15 years 17 weeks 15 years and over 18 weeks

2. If the employee is over 45 years of age, CPA will pay in accordance with the following scale:


m. For the purpose of this clause, ‘weeks pay’ means in addition to the base rate of pay and over

Agreement payments, all allowances, penalties and shift payments to which the employee would be entitled.


P a g e 5 1

n. The employee is not entitled to notice in accordance with clause K4. (c) or severance pay

where:

1. The employee’s role is redundant and the employee is offered employment in another role comparable in status, competency requirements and remuneration to their role; or

2. part or all of CPA’s business is transmitted by way of sale, assignment or succession and the employee is offered employment with the purchaser, assignee or success or of the business (or part) on terms that overall, are no less favourable than provided for in this Agreement.


P a g e 5 2

PART B - DISABILITY SUPPORT PRACTITIONERS ROLE FAMILY


P a g e 5 3

PART C - MONETARY RATES

Table 1 – Wage Rates

Wage Rates as at December 2014 Note: These rates are subject to both the National Wage Case increases in July and the

Equal Remuneration Order (ERO) in December each year in accordance with clause H1. Wages, Penalties & Allowances

DISABILITY SUPPORT PRACTITIONERS HOURLY RATES

Working in CPA’s Accommodation, Respite, Community Access, Packforce & LifePoints Services

Role Family Level B $21.76

Role Family Level C $22.53

Role Family Level C + $23.32

Role Family Level D $24.13

Role Family Level E $25.57

Role Family Level F $26.32

Role Family Level G $27.69

OTHER ROLES

Driver $23.83

Therapy or Allied Health Assistant $24.20

Therapy or Allied Health Assistant after 1 year $25.31


P a g e 5 4

PART C - MONETARY RATES (Continued)

Table 2 – Allowances

Item No Allowances Rate @ date of ratification

Rate First Full Pay after 01/07/2016

1

Travel (per kilometre) As per the ATO guidelines

2 Broken Shift $13.00 $13.50

3 Sleepover (Sunday to Thursday) $52.00 $52.00

4 Sleepover – Friday night $78.00 $78.00

5 Sleepover – Saturday night $91.00 $91.00

6

Sleepover – Christmas Eve, Christmas Day & New Year’s Eve

$91.00 $91.00


P a g e 5 5

INSERT INDEX HERE

`

Cerebral Palsy Alliance Enterprise Agreement - Allied Health & Related Practitioners March 2015 – DRAFT – V2.7


P a g e 2

A. GENERAL NOTE: Formatting of this document has not been completed

A1. Objectives


A3. Incidence

A4. Duration


A6. Access to the Agreement and the National Employment Standards (‘NES’)

A7. The National Employment Standards (‘NES’) and this Agreement

A8. Anti-Discrimination

A9. Agreement Flexibility



B. DEFINITIONS


C. CONSULTATION AND DISPUTE RESOLUTION

C1. Introduction of Change



C4. Dispute Resolution

D. EMPLOYMENT RELATIONSHIP

D1. Engagement

D2. Employment Categories



D5. Training

D6. Accommodation and Amenities


P a g e 3

E. FLEXIBLE WORK PRACTICES

E1. Work/Life Balance


E3. Reasonable Additional Hours

F. EMPLOYMENT CLASSIFICATIONS

F1. Competency-Based Role Family

G. HOURS OF WORK


G2. Minimum Hours

G3. Breaks

G4. Allocated Day Off (‘ADO’)

G5. Overtime


G7. Weekend Work

G8. Outreaches

G9. Public Holidays


P a g e 4

H. ALLOWANCES


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H1. Shift & Weekend Penalties









I5. Superannuation

J. LEAVE ENTITLEMENTS


J2. Annual Leave

J3. Annual Leave (Shift Workers)


J5. Paid Personal Leave (Sick and Carer’s leave)



J8. Emergency Leave


J10. Ceremonial Leave

J11. Purchased Additional Leave

J12. Leave Without Pay


J14. Parental Leave

J15. Family Leave

J16. Grandparents Leave


P a g e 6





K4. Redundancy


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A. GENERAL A1. Objectives This agreement demonstrates the commitment of both parties to the mission of Cerebral Palsy Alliance (‘CPA’) ‘for people with cerebral palsy BUILDING FUTURES. The objectives of this Agreement will: a. Ensure compliance with all relevant laws; b. Encourage open and effective communication, consultation, flexibility and co-operation

between management and employees; c. Establish a simplified framework of employee terms and conditions of employment that are

both attractive to employees and sustainable for the organisation; d. Introduce a greater degree of flexibility and encourage family friendly initiatives that will

continue to ensure Cerebral Palsy Alliance is an Employer of Choice for Women; e. Facilitate change management where required to enable services and programs to be

delivered more effectively and efficiently; f. Demonstrate a commitment to skilling employees through targeted and professional

development strategies that contribute to the professional delivery of services and programs to our clients;

g. Facilitate the personal and professional growth of employees and enable them to improve

their skills, professional development and their lives.


This agreement is Cerebral Palsy Alliance Allied Health & Related Practitioners’ Enterprise Agreement, 2015. A3. Incidence

This agreement rescinds and replaces The Spastic Centre of New South Wales (Allied Professional Staff) Enterprise Agreement 2004, approved 24 March 2006 (EA06/199) and all variations thereof and the Health Professionals and Support Services Award, 2010.

A4. Duration

This agreement will have a term of 24 months from the date of filing this agreement with Fair Work Commission.


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This Agreement will be legally binding on:

a. All employees currently covered by The Spastic Centre of New South Wales (Allied Professional Staff) Enterprise Agreement 2006 and in addition Family Therapists, Conductive Educators, Exercise Physiologists, Psychologists, Social Workers, will be covered by this Agreement.

1. Cerebral Palsy Alliance, A.B.N 45 000 062 288, including its wholly owned subsidiaries.

2. (“the employer”) of 187 Allambie Road, Allambie Heights. NSW 2100

3. The HSU New South Wales Branch A.B.N 93 728 534 595 (‘the Association”) of Level 2, 109 Pitt Street, Sydney NSW 2000; and

4. Allied Health & Related Practitioners employed in classifications listed in clause F. Employment Classifications and Part C, Monetary Rates, Table 1 – Wage Rates by Cerebral Palsy Alliance.

b. This Agreement does not cover Registered Nurses, Medication Endorsed Enrolled Nurses and Early Intervention Teachers.

A6. Access to the Agreement and the National Employment Standards (NES) CPA will ensure that copies of this Agreement and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

A7. The National Employment Standards and this Agreement

The NES and this Agreement contain the minimum conditions of employment for employees covered by this Agreement. Where the NES provides, or is varied to provide, a condition or entitlement more favourable to the employee in a particular respect than that set out in this Agreement, the better entitlement will apply. The minimum guarantees provided by the NES will override less favourable provisions in this Agreement.

A8. Anti Discrimination

It is the intention of the parties bound by this Agreement to achieve the object in Section 351 of the Fair Work Act, 2009 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of a person’s race, colour, sex, sexual preference, age, marital status, physical or mental disability, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.


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A9. Agreement Flexibility a. Notwithstanding any other provision of this Agreement, CPA and an individual employee

may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of CPA and the individual employee. The terms CPA and the individual employee may agree to vary the application of those concerning:

1. arrangements for when work is performed;

2. arrangements for the type of work that is performed, which are within the limits of the employee’s competency;

3. overtime rates;

4. penalty rates;

5. allowances; and

b. CPA and the individual employee must have genuinely made the agreement without coercion or duress.

c. The agreement between CPA and the individual employee must:

1. be confined to a variation in the application of one or more of the terms listed in clause A9. (a); and

2. are about permitted matters under section 172 of the Fair Work Act, 2009; and

3. are not unlawful terms under section 194 of the Fair Work Act, 2009; and

4. result in the employee being better off overall than the employee would be if no arrangement was made

d. For the purpose of clause A9. (c) (4), the individual employee will be taken to be better off overall by the agreement in relation to their terms and conditions of employment if the agreement does not result:

1. on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

2. in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a state or territory.

e. The agreement between CPA and the individual employee must also:

1. be in writing, name the parties to the agreement and be signed by an officer of CPA and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

2. state each term of this agreement that CPA and the individual employee have agreed to vary;

3. detail how the application of each term has been varied by agreement between CPA and the individual employee;


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4. detail how the individual employee with be better off overall with the agreement in relation to the individual employee’s terms and conditions of employment; and

5. state the date the agreement commences to operate.

f. CPA must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

g. When CPA is seeking to enter into an agreement it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited CPA must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

h. The agreement may be terminated:

1. by CPA or the individual employee giving thirteen weeks’ notice (13) weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

2. at any time, by written agreement between CPA and the individual employee.

i. The right to make an agreement pursuant to this clause is an addition to, and is not intended to otherwise affect, any provision for an agreement between CPA and an individual employee contained in any other term of this agreement.


This Agreement settles all claims in relation to the terms and conditions of employment of the employees and the parties will not pursue any extra claims during the term of this Agreement.

If the parties agree, there is nothing in this Agreement that prevents CPA from making any variations as per the requirements of the Fair Work Act, 2009.


Provisions for the transmission of business shall be in accordance with legislation applicable at the time of such business transmission.


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B. DEFINITIONS B1. General Definitions

For the purposes of this Agreement:

Act means the Fair Work Act, 2009 (Cth), as amended and applies from time to time, and includes the Regulations.

Agreement means this Enterprise Agreement.

Allied Health Employee means an employee who has a relevant degree or equivalent together with some relevant experience who provides services directly to clients in a number of CPA programs relating to all professional practice areas including physiotherapy, exercise physiologist, occupational therapy, speech pathology, social work, psychology and conductor.

Allocated Day Off (ADO) refers to the daily accrual of hours by eligible Allied Health Employees working a standard 40 hour week towards a day off, which is determined by CPA.

Calendar Day is defined from midnight to midnight.

Continuous service means a period of service, during which an employee is employed by CPA. Continuous service is deemed to have been broken by periods of:

• NES Statutory entitlements to Leave without Pay (unpaid parental leave, unpaid carer’s leave, unpaid compassionate leave and community service leave)

• Unpaid leave authorised by CPA

• Unpaid and unauthorised leave (that is, abandonment of employment or otherwise absent from work for a period contrary to a direction made by CPA)

• Paid parental leave

Therefore, the above will not be taken into consideration for the purposes of calculating:

• Personal/carer’s leave

• Annual leave

• Long service leave

• Redundancy pay

Cerebral Palsy Alliance (‘CPA’) means Cerebral Palsy Alliance Limited and also includes its wholly owned subsidiaries Cerebral Palsy Alliance (Venee Burges House), Cerebral Palsy Alliance (Therapy Services), Cerebral Palsy Alliance (Community Access Services), Cerebral Palsy Alliance (Accommodation - North), Cerebral Palsy Alliance (Accommodation - South) and Cerebral Palsy Alliance (Accommodation - Hunter).

Day worker means an employee who works their ordinary hours between 7.30am and 7.30pm Monday to Friday and 8.00am to 4.30pm on Saturday, inclusive.

Enterprise Agreement means this Agreement made between CPA and the relevant group of employees, union(s) and other relevant legal parties.


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Employee means a person employed by CPA and covered by this Enterprise Agreement.

Employer means Cerebral Palsy Alliance

Employment Classifications means the Employment Classifications set out in Part B, Allied Health & Related Practitioners Role Family of this Agreement.

Immediate Family means the following members of an employee’s immediate family:

a. A spouse (including a former spouse, de facto or former de facto spouse), child (including a stepchild, or adopted, ex-nuptial or adult child), parent (including foster parent, legal guardian), parent-in-law, grandparent, grandchild or sibling of the employee;

b. A child (including a stepchild, or adopted, ex-nuptial or adult child), parent (including foster parent, legal guardian), grandparent, grandchild or sibling of a spouse (including a former spouse, de facto or former de facto spouse) of the employee.

c. A same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

d. A relative of the employee who is a member of the same household where for the purposes of this Agreement;

1. relative means a person related by blood, marriage or affinity,

2. affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. household means a family group living in the same domestic dwelling

Ordinary hours means the hours specified in Clause G, Hours of Work in this Agreement.

Ordinary rate of pay means the based rate of pay as defined by section 16 of the Fair Work Act, 2009 and that is the rate of pay payable to the employee for their ordinary hours of work, but not including incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates and any other separately identifiable amounts.

Public Holiday means:

a. New Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day;

b. Any other day duly proclaimed and observed as a public holiday by the NSW State Government as gazetted for the whole of New South Wales.

c. In addition to those public holidays specified in this sub clause, employees will be entitled to an extra public holiday, known as ‘CPA Day’, each year. The CPA Day will occur on a date determined by CPA and will be regarded for all purposes of this clause as any other public holiday.

Regulations mean the Fair Work Act Regulations, 2009 (as amended and applies from time to time).

Roster means an Allied Health & Related Practitioner’s standard default pattern of working hours.

Service means periods worked or spent on approved, paid leave.

Shift Worker means an employee who is not a Day Worker, as defined.

‘Union’ means the HSU, NSW/ACT.


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C. CONSULTATION AND DISPUTE RESOLUTION C1. Introduction of Change

a. CPA’s Duty to Notify –

1. Where CPA has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, CPA will notify the employees who may be affected by the proposed changes and/or their representatives.

2. ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of CPA’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

b. CPA’s Duty to Discuss Change –

1. CPA will discuss with the employees affected and their representatives, if any, amongst other things, the introduction of the changes referred to in clause C1. (a) (1), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and will give prompt consideration to matters raised by the employees and their representatives, if any, in relation to the changes.

2. The discussion will commence as early as practicable after a definite decision has been made by CPA to make the changes referred to in clause C1. (a) (1).

3. For the purpose of such discussion, CPA will provide to the employees concerned, and if requested by the employee, any nominated employee representative which may be a union representative, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that CPA will not be required to disclose confidential information, the disclosure of which would adversely affect CPA.

c. In circumstances where CPA no longer wishes the job the employee(s) has been doing to be done by anyone as a result of changes referred to in clause C1. (a) (1), employee(s) will be entitled to termination and retrenchment pay in accordance with clause K4, Redundancy.


a. Up to two (2) employees may be appointed Union representatives and they will notify CPA in writing within 14 days of their appointment. In turn, CPA will recognise the employees as the accredited representatives of the Union and will be allowed reasonable time during working hours to interview relevant CPA managers on matters affecting employees, and to discuss such matters with the members of the Union.

b. CPA will support union representatives to attend relevant union-certified training in accordance with CPA’s External Education and Professional Development policy.


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c. CPA will make available a notice board of reasonable dimensions in a prominent position for

union representatives to post union notices.


Focus groups consisting of management and employee representatives from the Allied Health Employee & Other Related Practitioners group will be established and convened to discuss Agreement conditions, when required. In addition, a working party consisting of management and Union representatives from the Allied Health & Other Related Practitioners group will be established and convened not more than four (4) times in a year, unless current issues cannot be resolved. C4. Dispute Resolution a. In the event of a dispute in relation to a matter arising under this Agreement, or a dispute in

relation to the NES, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant manager. If these discussions do not resolve the dispute, the discussions between the employee(s) can be escalated to more senior levels of management, as appropriate.

b. A party to the dispute may appoint another person, organisation or Union, or workplace

representative to accompany or represent them in relation to the dispute. c. If a dispute in relation to a matter arising under the Agreement or a dispute in relation to the

NES is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to Fair Work Commission for resolution by conciliation and, where the matter in dispute remains unresolved, by mutual agreement, arbitration.

d. If arbitration is necessary, Fair Work Commission may exercise the procedural powers in

relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.

e. It is a term of this Agreement that, while the dispute resolution procedure is being conducted,

work will continue normally unless an employee has a reasonable concern about an imminent risk to their health or safety.

f. Any dispute referred to Fair Work Commission under this clause should be dealt with at the

time or, in default of agreement, by a member nominated by either the head of the relevant panel or the President.


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D. EMPLOYMENT RELATIONSHIP D1. Engagement

CPA must engage each employee in writing stating the terms of their engagement, and the status of their engagement as to whether it is full-time, part-time, permanent, contract, temporary or casual.

D2. Employment Categories a. Employees may be employed in any of the following employment categories:

• Full-time – may include permanent, contract and temporary roles • Part-time - may include permanent, contract and temporary roles • Casual - may include, contract and temporary roles

b. A Full-Time Employee is one who is engaged to work 38 hours each week or an average of 38 hours each week in accordance with clause G – Hours of Work.

c. A Part-Time Employee

1. Is one who is engaged to work less than 38 hours a week or an average of less than 38 hours a week and who has reasonably predictable hours of work.

2. Before commencing employment, will agree with CPA in writing on the minimum regular number of hours to be worked each week.

3. Any variation to a part-time employee’s regular number of hours to be worked each week will be mutually agreed to by the part-time employee and CPA.

4. The terms of this Agreement will apply to part time employees on a pro-rata basis on the basis that the ordinary weekly hours for full-time employees is 38 hours each week.

d. A Casual Employee is an employee who is engaged and paid on an hourly basis, one thirty-eighth (1/38th) of the appropriate rate in accordance with Part C - Monetary Rates, Table 2 – Wage Rates, a 10% casual leave loading and whose services may be terminated without notice.

e. A Contract or Temporary Employee may be employed on a full-time or part-time basis with a pre-determined time limit to their employment or for a defined period or task.

f. A Permanent Employee is an employee who has been engaged to work without a pre-determined time limit to their employment.


a. CPA may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this agreement, as set out in Part B, Allied Health & Related Practitioners Role Family, provided that such duties are not designed to promote deskilling.


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b. CPA may direct an employee to carry out such duties and use equipment as may be required

provided that the employee has been properly trained in the use of such equipment.

c. Any direction issued by CPA in accordance with clause D3. (a) and (b) will be consistent with CPA’s responsibilities to provide a safe and healthy working environment.

d. All employees covered by this Agreement will complete all relevant organisational and client documentation and reports accurately and on time. Furthermore, all employees must comply with all legislative requirements of their role.

e. All employees, whose role requires a particular qualification, license or registration in accordance with CPA’s policies and at law, must ensure that they remain current and be prepared to provide evidence of currency on request.


a. CPA is committed to ensuring its employees have the skills and knowledge necessary to perform their duties and achieve initiatives set out in the organisation’s strategic plan. It achieves this commitment by offering employees internal learning activities, as well as offering a range of supports and financial assistance to all employees wishing to attend external short courses, receive career mentoring or coaching, undertake further study or present at/attend conferences. Support and assistance are offered with the understanding that it will enhance employees’ work and related knowledge/skills both now and in the future.

b. Each employee will commit to undertake educational and training activities provided to them by CPA, as well as, undertake personally any professional development that they may require. Employees receiving professional development support from CPA will attend the required activities, complete the required assessment tasks, assignments, projects and the like. Employees will also make a reasonable contribution of their personal time towards any professional development activity. This may include, but it is not limited to, study and travel time.

c. All employees who benefit from being assisted by CPA in their professional development externally are expected to apply their newfound knowledge in a way that improves their performance and productivity.

D5. Training

a. Where practicable, training will be provided to employees during their normal rostered hours of work. Where it is not:

1. Employees will attend training outside their normal rostered working hours when they are required to do so by CPA;

2. CPA will provide employees with two (2) weeks’ notice of their requirement to attend training outside of their normal rostered working hours;

3. Employees attending training will be paid their base rate of pay;

4. Employees who are required to travel between their worksite and an alternative site for compulsory orientation/induction training can claim a reimbursement of any associated travel costs if they are required to travel outside a 90 kilometer radius from their normal workplace.


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b) Employees are not entitled to Time Off in Lieu of Overtime for travelling to any other CPA site,

event, conference or internal training course. D6. Accommodation and Amenities

a. The minimum standards as set out in the Work Health and Safety Act, 2011, will be met in the provision of amenities to employees.

b. Amenities must include a meal room, facilities for boiling water, warming and refrigerating food and for washing and storing dining utensils, a rest room and sanitary conveniences.


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E. FLEXIBLE WORK PRACTICES E1. Work/Life Balance

a. CPA recognises that a commitment to being an Employer of Choice for Gender Equality by providing a workplace that attracts and retains the best possible talent enables it to fulfil its purpose of building futures for people with cerebral palsy.

CPA further recognises that to maintain a high performance workforce, it is important to encourage employees to have a quality work/life balance. Accordingly, CPA initiatives that encourage this work/life balance include, but are not limited to:

1. Part-time work; 2. Flexible return to work options; 3. Pre-Purchased leave options; 4. Paid Parental leave (maternity, paternity or adoption leave); 5. Paid Family leave; 6. Paid Grandparents leave


a. Where CPA proposes to change an employee’s regular roster or ordinary hours of work, CPA must consult with the employee or employees affected and their representatives, if any, about the proposed change.

CPA must:

1. Provide to the employee or employees and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

2. Invite the employee or employees and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

3. Give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

b. The requirement to consult under this clause does not apply where an employee has

irregular, sporadic or unpredictable working hours. c. These provisions are to be read in conjunction with other Agreement provisions concerning

the scheduling of work and notice requirements.

E3. Reasonable Additional Hours

a. Employees who receive an annualised salary and where the operational requirements of CPA, will on occasion, require some employees to work reasonable additional hours.

b. Unless specifically directed by their manager, all hours worked over an employee’s contracted hours each fortnight will be deemed reasonable additional hours.


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c. Where an employee is specifically requested by a manager:

1. to work additional hours, the employee will be paid in accordance with clause G5 (b) Overtime;

2. to work the additional hours unless the hours are unreasonable taking into account:

I. Any risk to the employee’s health and safety that might reasonably be expected to arise if the employee worked the additional hours;

II. The employee’s personal circumstances including any family responsibilities;

III. The operational requirements of the workplace of CPA;

IV. The notice (if any) given by CPA of the additional hours and by the employee of their intention to refuse to work the additional hours;

V. Whether any of the additional hours are on a public holiday; and

VI. The employee’s hours of work over the four (4) weeks ending immediately before the employee is required or requested to work the additional hours.


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F. EMPLOYMENT CLASSIFICATIONS F1. Competency-Based Role Families

a. CPA has adopted a competency based role family approach to employment classifications, as set out in Part B, Allied Health & Related Practitioners Role Family. These reflect the core competencies that CPA requires from all employees to effectively perform any or all of the tasks related to a particular level within the role family.

b. The duties required to be undertaken by an employee in any of the following classifications will remain within the employee’s skills and competence, as set out in Part B, Allied Health & Related Practitioners Role Family.

c. The role family also provides a method of assessing any gap that may exist between an employee’s skill and competency and the level of skill and competency required in a role at a particular level within the role family. Where there is a gap, CPA will ensure that appropriate support and professional development is provided to an employee to address it. In turn, the employee will actively respond to the support given to them and give their full commitment to address the competency gap.

d. CPA’s staff establishment (that is, quantity, categories and levels of roles) is dependent on client needs and desired service performance outcomes. In reviewing and setting the staff establishment annually, CPA also takes into consideration employee workloads and budgetary constraints.

e. The role levels for Allied Health and Related Practitioners (‘AH&RP’) are as follows:

AH&RP – Level 1.1

Works with the supervision of a manager/team leader with work reviewed regularly. Supports other team members, actively driving and contributing to team goals. Entry level with a relevant degree together with little to no relevant experience. Where required for practice, maintains registration with professional body. After 24 months continuous service, having completed all orientation and induction programs, maintained currency of role-specific certificates and licences and been assessed as fully competent, may move to a Level 1.2

AH&RP – Level 1.2

Receives regular supervision. Schedules own work and contributes to the work planning in the team. Contributes to a small project group and/or provides clinical supervision to students with different tasks. Has a relevant degree together with typically two (2) years’ experience. Where required for practice, maintains registration with professional body. Must fully complete all ongoing refresher training and professional development, maintain currency of role-specific certificates and licences and be assessed as fully competent.

AH&RP – Level 2.1

Actively participates as part of an interdisciplinary team, supports other team members and contributes to team goals. Coordinates a small project group and/or provides formal supervision, allocating work and monitoring performance, to other relevant staff. Has a relevant degree together with typically five (5) years’ experience and has substantial professional experience in a relevant field. Where required for practice, maintains registration with professional body. Must fully complete all ongoing refresher training and professional


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development, maintain currency of role-specific certificates and licences and be assessed as fully competent.

AH&RP – Level 2.2

Actively participates as part of an interdisciplinary and/or management team, supports other team members and contributes to setting and achieving team goals. Provides formal discipline-specific clinical supervision and guidance to less experienced professional staff in the area, small project groups and other relevant staff and students. Has a relevant degree together with typically five (5) years’ post graduate experience. Will have a good understanding of professional practice and directions in the discipline and the integration of specialisations. Where required for practice, maintains registration with professional body. Must fully complete all ongoing refresher training and professional development, maintain currency of role-specific certificates and licences. Must be assessed as fully competent at this level before being considered for a Level 2.3 role. Progression to a Level 2.3 role is not automatic, but by appointment only.

AH&RP – Level 3

Significantly contributes to interdisciplinary and/or management teams; development, implementation and achievement of programs and cross division goals. Provides specialist professional advice and support to very experienced/senior professionals. Has a relevant degree together with typically ten (10+) plus years’ experience. Will have a good knowledge of professional practice directions from around the world. Where required for practice, maintains registration with professional body. Must fully complete all ongoing refresher training and professional development, maintain currency of role-specific certificates and licences. Must be assessed as fully competent at this level before being considered for a Level 4 role. Progression to a Level 4 role is not automatic, but by appointment only.

AH&RP – Level 4

Actively participates as part of a discipline team and contributes to cross division and organizational goals. Contributes to a recognised high performing team and models this to others. Leads a minimum of ten (10) professional or para-professional staff in a function or leads fewer staff in a variable situation where programs are very complex and/or large or multiple smaller programs. Has a relevant degree and post-graduate qualification or undertaking post-graduate studies. Has sector acumen and personal professional credibility, influences others across the sector on the desirable courses of action. Where required for practice, maintains registration with professional body. Must fully complete all ongoing refresher training and professional development, maintain currency of role-specific certificates and licences and be assessed as fully competent.


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G. HOURS OF WORK

G1. Ordinary Hours of Work a. The ordinary hours of work for employees, exclusive of meal breaks,

are not to exceed 152 hours for every twenty-eight (28) calendar days.

b. The ordinary hours of work for employees, exclusive of meal breaks, are not to be more than ten (10) hours in one calendar day.

c. The ordinary hours of work for employees are to be worked between 7.30am and 7.30pm Monday to Friday. By mutual agreement, employees may work their ordinary hours between 8.00am and 4.30pm on Saturday.

d. The ordinary hours of work for Family Therapists, who due to the 24/7 nature of their work with clients in crises, may be required at times to work their ordinary hours during evenings, on a Saturday or Sunday.

e. The hours of work may be worked in the following ways:

1. 152 hours for every twenty-eight (28) calendar days, arranged so that an employee will not be required to work their ordinary hours on more than twenty (20) days in the cycle.

2. Seventy-six (76) hours each fortnight arranged so that an employee will not be required to work their ordinary hours on more than 10 days in the fortnight; or

3. Thirty-eight (38) hours each week, to be arranged so that an employee will not be required to work their ordinary hours on more than five (5) days in one week.

And only by mutual agreement between CPA and the employee:

4. 152 hours for every twenty-eight (28) calendar days, to be arranged in order that an employee will not be required to work their ordinary hours on more than nineteen (19) days in the cycle.

f. Each full and part-time employee will be free from duty for not less than two (2) calendar days in each week, four (4) calendar days in each fortnight. In exceptional circumstances and only by mutual agreement, a full or part-time employee may be free from duty for not less than eight (8) calendar days in a four (4) week period.

g. The manager and full and part-time employee can mutually agree that the days where the employee is free from duty can be non-consecutive.

h. Except for meal breaks each day, all time from the time of commencing work, until the time of finishing duty each day, will be calculated as ordinary working time.

i. There will be a minimum of eight (8) hours break between ordinary rostered shifts on successive calendar days.

j. Casual employees receive an additional 10% casual penalty on their ordinary rate of pay and 8.33% casual loading in lieu of annual leave for all ordinary hours of work.

Applies to:





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G2. Minimum Hours

a. Employees will have a minimum start of two (2) hours.

b. By mutual agreement, a minimum start of one (1) hour will be allowed where CPA is required to deliver services to clients who have individualized or flexible funding.

G3. Breaks

a. Tea breaks:

1. Employees are entitled to a paid rest break each working day of 10 minutes per four (4) hours worked. Two separate 10 minute tea breaks will be allowed during each ordinary shift of 7.6 hours.

2. Tea breaks will count as time worked.

b. Meal breaks:

1. Employees will not be required to work more than five (5) hours continuously before taking a break.

2. A break of no less than 30 minutes and no greater than one (1) hour will be allowed for each meal break.

3. Meal breaks will not count as time worked.

G4. Allocated Day Off (ADO) a. In reference to clause G1. Ordinary Hours of Work (a) (4), CPA will have regard to the needs of

the clients, teams and programs when considering whether to agree to an employee’s request for one (1) Allocated Day Off (‘ADO’) in every four (4) week cycle.

b. Family Therapists who, due to the 24/7 nature of their work with clients in crises, do not accrue hours towards an ADO.

c. Credits towards an ADO will not accrue when an employee is on any paid or unpaid leave or on a Public holiday.

d. Where an employee’s ADO falls during a period of paid personal carer’s leave, the employee’s available personal carer’s leave will not be debited for that day.

e. ADOs must be taken within the following four (4) weeks after accrual and will be shown on an employee’s roster of hours.

f. Any untaken ADOs cannot be carried through to the next calendar year and will be paid out at the employee’s ordinary rate of pay each December.

g. Any untaken ADOs will be paid out on termination.

G5. Overtime

Applies to:




Applies to:


Part time employees

Casual employees

Applies to:



Casual employees

Applies to:


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a. Employees may be required to work reasonable additional hours as

are necessary to perform their duties and responsibilities and achieve client outcomes.

The annual remuneration packages of Allied Health employees include a component to compensate for such additional hours and no extra recompense will be made in such circumstances.

b. Where, however a manager has specifically requested an employee to work on special projects or events outside the normal span of hours (e.g. weekends, public holidays) and an employee has agreed to work those additional hours, they will be entitled to overtime rates of pay.

c. The employee will receive 150% for the first two hours and 200% thereafter for all overtime worked at any time except Sunday.

d. All overtime worked on a Sunday will be paid at 200%.

e. Employees may elect, with the consent of the manager, to accrue Time Off in Lieu (‘TIL’), in lieu of receiving overtime in accordance with clause G6. Time Off in Lieu of Overtime


Full-time employees may elect to take time off in lieu of overtime (TIL) on the following basis:

a. TIL must be agreed to and pre-approved by the manager before being worked;

b. Employees cannot be compelled to take TIL

c. TIL is calculated on one hour for each hour of overtime worked;

d. The maximum hours that may be accrued as TIL at any time must not exceed the number of hours in the employee’s ordinary working week;

e. TIL is taken at the employee’s ordinary rate of pay. TIL will not incur penalties, regardless of day it is taken;

e. TIL is to be taken within three (3) months and at a time agreed to with the manager. Should the employee not take the TIL within this period, then the TIL will be paid out at the employee’s ordinary rate of pay;

f. Any TIL accrued, but not taken upon termination, will be paid out at the employee’s ordinary rate of pay;

g. In accordance with clause D5. Training, travelling to and from professional development training/seminars/’Level 3’ days will not accrue TIL.

h. Approved TIL will not be granted to employees who freely volunteer their time for any of CPA’s fundraising or promotional events.

√ Full-Time employees


Casual employees

Applies to:



Casual employees


P a g e 2 5

G7. Weekend Work

a. The allowances applicable to work outside the ordinary hours of work and Sunday work are set out in clause H1. Shift & Weekend Penalties.

G.8 Outreaches

a. Employees working from CPA’s Rural sites will be expected to participate in outreach programs.

b. Outreach programs will be planned no later than at the beginning of every calendar year.

c. Rural outreach programs will vary depending on the distance and number of clients in a region, from:

1. The longest being three (3) days and two (2) nights, occurring every five (5) to (6) weeks

2. The shortest being two (2) days and one (1) night, occurring monthly

d. Employees working in CPA’s TASC program based in the Sydney metropolitan area will be expected to participate in rural outreach programs.

e. Outreach programs are planned in response to client needs. A minimum of four (4) weeks’ notice will be given to an employee prior to undertaking an outreach, however in the case of an urgent client need and by mutual agreement, the employee may receive two (2) weeks’ notice.

f. TASC outreach program durations are in keeping with clause G8. (c)

g. Employees participating in an outreach program will be reimbursed any out-of-pocket expenses in accordance with clause H3. Travel Allowance.

G9. Public Holidays

a. For the purposes of this Agreement and in accordance with the Public Holidays Act, 2010, the following shall be deemed to be public holidays for employees working in NSW:

New Years Day Australia Day Good Friday Easter Saturday Easter Sunday Easter Monday Anzac Day Queen’s Birthday Labour Day

Applies to:



Casual employees

Applies to:



Casual employees

Applies to:





P a g e 2 6

Christmas Day Boxing Day CPA Day*

and any other day duly proclaimed and observed as a public holiday for the State.

*This additional public holiday will occur on a date in the period between Boxing Day and New Year’s Day, which is not a gazetted public holiday and will be regarded for all purposes of this clause as any other public holiday.

b. In accordance with the ACT Holidays Act, 1958, employees working in the ACT receive the following public holidays:

New Year’s Day Australia Day Canberra Day Good Friday Easter Saturday Easter Sunday Easter Monday Anzac Day Queen’s Birthday Labour Day Family & Community Day Christmas Day Boxing Day

and any other day that the Minister declares to be a holiday in the ACT.

c. Where a public holiday falls on a day that a full or part-time employee is normally rostered to work, they shall be entitled to the day off and to be paid for their normal rostered hours at their ordinary rate of pay.

d. Where a public holiday falls on a day that a full or part-time employee is not normally rostered to work, there is no entitlement to payment for that public holiday.

e. If CPA requests an employee to work on a public holiday, the employee may refuse the request if they have reasonable grounds, as defined by the NES

f. The allowances applicable to work on Public Holidays are set out in clause H2. Public Holiday penalties.


P a g e 2 7

H. PENALTIES & ALLOWANCES H1. Shift & Weekend Penalties

a. Full and part-time employees, with the exception of Family Therapists, are entitled to a 15% penalty on their ordinary rate of pay for shifts worked on a Monday to Friday outside the ordinary hours of work

b. Full and part-time employees, with the exception of Family Therapists, are entitled to a 50% penalty on their ordinary rate of pay for shifts worked on a Saturday outside the ordinary hours of work;

c. Full and part-time employees, with the exception of Family Therapists, are entitled to a 75% penalty on their ordinary rate of pay for shifts worked at any time on a Sunday;

d. Family Therapists who work at any time during an evening, on a Saturday or Sunday are not paid penalties as a financial compensation is included in their annualised salary.

e. Casual employees are entitled to penalties in accordance with Clauses H1. (a) and (b) for all time worked on a Monday to Saturday outside the ordinary hours of work and a Sunday, in lieu of the casual penalty of 10%. They are also entitled to 8.33% casual loading on their ordinary rate of pay in lieu of annual leave.


a. For full and part-time employees who are required to and do work on any Public Holiday gazetted as such by either the NSW Public Holidays Act, 2010 or Holidays Act, 1958 (ACT) will be paid 250% of their ordinary rate of pay for the hours worked, with a minimum payment of two (2) hours’ work. This penalty replaces all other applicable allowances and loadings.

b. For casual employees who are required to and do work on any Public Holiday gazetted as such by either the NSW Public Holidays Act, 2010 or Holidays Act, 1958 (ACT) will be paid 250% of their ordinary rate of pay for the hours worked, with a minimum payment of two (2) hours’ work. This penalty replaces all other applicable allowances, however they will be entitled to an additional 8.33% loading on the base rate in lieu of annual leave.

H3. Travel Allowance a. Employees who are required to travel intrastate or interstate as part

of their normal work, the following will apply:

1. CPA will pay for all meals, accommodation, travel and reasonable expenses.

2. The employee is responsible to duly account for and record all expenditure.

3. Where practicable, all expenditure must be approved by the employee’s manager, prior to departure.

Applies to:




Applies to:




Applies to:





P a g e 2 8

g. Employees who are required to use their private motor vehicle on a casual or incidental basis

other than that described in clause D5. Training, will be paid at the rate prescribed by the Australian Taxation Office for that particular year.

H4. Higher Duties Allowance a. Employees may be required, at times of annual leave, emergency or

other absence, to take on higher duties.

b. Where a manager requests and an employee agrees to accept higher duties work for a minimum period of five (5) consecutive working days or more, the employee will be paid at a rate not less than the minimum rate prescribed for that level applying to the employee being relieved.

Applies to:





P a g e 2 9

I. REMUNERATION AND BENEFITS I1. Salaries and Wages

a. Salaries and wages will be as set out in Part C – Monetary Rates, Table 2 – Wage Rates and Table 3 – Wage Rates, Roles with Annualised Salaries, and will commence from the first pay period on or after the commencement date of this agreement. Classifications and Levels are as set out in clause F1. (e).


a. Employees will have their remuneration paid fortnightly in arrears by electronic transfer into an account with a bank or other financial institution, as nominated by the employee and in accordance with the Act and Regulations.

b. Where an employee has been overpaid, CPA will notify the employee in writing with details of the overpayment, including how the overpayment is made up.

c. CPA may recover an overpayment from an employee after the employee has confirmed the amount of the overpayment and agreed to how they will pay it back. This sub-clause authorises the use of wage deductions for the purpose of paying back an overpayment. Any deduction from wages to pay back an overpayment must be authorised in writing by the employee.

d. An employee who has given or who has been given the required notice of termination of employment, in accordance with clause K. Termination of Employment, will be paid all monies on the next ordinary pay day after their last day of employment or in a reasonable timeframe thereafter.

e. Where an employee is summarily dismissed or their services are terminated with payment in lieu of notice, any monies due to them will be paid in the next ordinary pay.

f. On the next ordinary pay day after their last day of employment, an employee will have available to them, either in paper or electronically, a pay slip containing the following particulars: name, the amount of ordinary salary, the amount of their tax free expenses, superannuation and other relevant benefits, the total number of hours of overtime worked, the amount of any overtime payment (if applicable), the amount of any other monies paid, the purpose for which they are paid, and the amount of deductions made from total earnings and the nature thereof and anything else in the regulations as varied from time-to-time.


a. CPA is committed to providing employees with terms and conditions of employment that are market competitive and reflective of the qualifications, skills and abilities of its employees.

Applies to:




Applies to:




Applies to:

√ Full-time employees

√ Part-time employees

√ Casual


P a g e 3 0

b. As part of this commitment, CPA invests in ongoing remuneration surveys to benchmark our

salaries against the NFP sector and the broader industry markets.

c. Any increases in basic rates of pay awarded by the Australian Fair Work Commission, or other industrial body or tribunal, effective prior to or during the term of this Agreement may be absorbed in to the salary increases set out in Part C – Monetary Rates, Table 2 – Wage Rates and Table 3 – Wage Rates, Roles with Annualised Salaries.

d. Any employee whose current ordinary rate of pay is above the rate in Part C – Monetary Rates, Table 2 – Wage Rates and Table 3 – Wage Rates, Roles with Annualised Salaries of this Agreement will remain on the higher ordinary rate of pay. The employee will not receive further rate increases unless the relevant scheduled ordinary rate of pay in this Agreement becomes higher than the employee’s ordinary rate of pay.


a. As CPA is a Public Benevolent Institution (PBI), employees are able to participate in remuneration packaging, which provides part of the employees’ remuneration in cash and part in benefits free of Fringe Benefits tax (‘FBT’).

b. Eligible employees, (except casuals) working a minimum average of 20 hours a week, will be required to be paid in the form of a remuneration package (‘package’). The terms and conditions of such a package will not, when viewed objectively, be less favourable than the entitlements otherwise available under this Agreement.

c. CPA will ensure that the structure of the package complies with taxation and other relevant laws.

d. A copy of the terms of the package and associated documentation will be made available to the employee, and will be signed by both CPA and the employee.

e. An employee may consult with the Union or another body prior to signing a remuneration package agreement as described in clause I4. (d).

f. An employee may change the configuration of their package no more than once every twelve (12) months.

g. Employees will not be allowed to carry forward any unused amount from one FBT year to another and must ensure that any unused amount is used by no later than 31 March each year.

h. In the event that CPA ceases to attract exemption from FBT, CPA undertakes to pay employees the same Agreement rate, but would cease to offer the additional shared tax free benefit.

i. Should existing taxation laws change, such that CPA’s Remuneration Packaging Program is significantly altered or is no longer a viable benefit to offer to employees, CPA reserves the right to alter or completely withdraw the Remuneration Packaging Program at any time upon the provision of three (3) month’s notice in writing to employees.

I5. Superannuation

Applies to:



Casual employees

Applies to:


P a g e 3 1

a. Superannuation is dealt with extensively by legislation, including the

Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993, collectively known as SG Legislation.

b. This legislation as varied from time to time, governs the superannuation rights and obligations of the parties.

c. Superannuation contributions will be made for the benefit of employees to an approved eligible choice superannuation fund that is a fund that offers a MySuper product.

d. Such contributions will be remitted to the approved eligible choice superannuation fund not later than on a quarterly basis.

e. Should an employee fail to nominate an approved eligible choice superannuation fund, CPA will make the superannuation contributions to its default fund.

f. Employees are entitled to make pre-tax (superannuation salary sacrifice) and/or post-tax contributions to an approved superannuation fund of their choice. In this regard, employees may nominate a percentage or amount of the remuneration they wish to contribute on a fortnightly basis, future bonus entitlements and accrued leave entitlements on the termination of their employment.

√ Full-time employees

√ Part-time employees

√ Casual


P a g e 3 2

J. LEAVE


a. Employees are entitled to leave as provided for in the NES and this Agreement.

b. Employees are entitled to be paid at their ordinary rate of pay for all periods of authorised paid leave.

c. Part-time employees are entitled to leave on a pro rata basis on the basis that the ordinary weekly hours for full-time employees are 38 hours each week.

d. Casual employees are not entitled to leave, other than unpaid carer’s leave, long service leave and unpaid parental leave, the latter only being available to eligible casual employees, as defined by the NES.

J2. Annual Leave

Annual leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Full-time employees are entitled to four (4) weeks annual leave (pro-rated for part-time employees) for each year of service with CPA.

b. Annual leave accrues progressively during a year of service in accordance with the employee’s ordinary hours of work.

c. An employee must provide one month’s notice of the date in which they intend to take annual leave.

d. Notwithstanding clause J2. (c), employees can take annual leave at a time, and in a quantity, agreed between themselves and CPA, such agreement not to be unreasonably withheld by their manager.

e. A public holiday falling during an employee’s annual leave will be counted as a public holiday, not as annual leave.

f. CPA may permit an employee to use accrued annual leave where the employee’s accrued Personal Leave is exhausted. Such substitution must be agreed by both CPA and the employee.

g. CPA may direct an employee to take annual leave:

1. If the employee has accrued an excess amount of annual leave (greater than eight (8) weeks) and where mutual agreement is not forthcoming; or

2. During a period of forced shut down event – e.g. Christmas/New Year period. In the case where an employee does not have accrued annual leave, CPA may approve leave without pay.

3. In emergency situations, where CPA’s operations are adversely affected beyond CPA’s control by events such as fire, flood, explosion, bomb attack, war, terrorism, natural disasters, state emergencies or complete computer malfunctions.

Applies to:




Applies to:





P a g e 3 3

h. If directed to take annual leave in accordance with clause J2. (g) (1) and (2), a manager will

give the employee one (1) month’s notice of the date that the employee must take annual leave.

i. CPA may permit for the accumulation of excess annual leave balances if an employee is doing so for a significant personal event such as overseas travel, parental leave, etc., and the employee has sought approval for this in advance of accruing the excessive annual leave.

j. Casual employees are entitled to pro rata casual loading of 8.33% in lieu of annual leave.

J3. Annual Leave (Shift Workers) Annual leave for shift workers is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. In addition to clause J2. Annual Leave, an employee, who is rostered and works more than four ordinary hours on 10 or more Sundays and/or public holidays, is entitled to an additional one (1) weeks leave at their average hours worked over the previous 12 months, where the following criteria has been met:

They,

1. are regularly rostered to work those shifts; and

2. regularly work on Sundays and/or public holidays

b. No annual leave loading or penalties are payable on this leave.

c. An employee, entitled to additional annual leave, may elect to be paid an amount equivalent to the value of their additional annual leave in lieu of taking the leave.

d. Casual employees are entitled to a pro rata casual loading of 8.33% in lieu of annual leave.


Cashing out excess annual leave is provided for in the Act and in the NES. This clause highlights key NES, as well as, additional provisions:

a. An employee can request to have annual leave cashed out up to an amount, which after it is cashed out, would still leave the employee with an entitlement of at least four (4) weeks annual leave (pro-rated for part-time employees); and

b. Employees, to be eligible to cash out annual leave, must have taken at least two (2) weeks annual leave each year for the past two (2) years; and

c. Each cashing out of a particular amount of annual leave will be by a separate agreement in writing between CPA and the employee; and

d. The cashed out amount cannot be any less than one (1) week or if more than one (1) week, in multiples of one (1) week.

Applies to:




Applies to:



Casual employees


P a g e 3 4

e. CPA will pay the employee an amount that is no less than would have been payable to the

employee had the employee taken the leave that they have requested to be paid out.


Paid personal leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. A full-time employee will be entitled to personal/carer’s leave on full pay, calculated by allowing 76 ordinary hours of work or ten (10) days for each year of service (pro rata for part-time employees). Any unused leave will remain to the employee's credit.

b. Personal leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

c. Where an Agreement agreed or public holiday occurs during an employee’s absence on personal/carer’s leave, then such Agreement holiday or public holiday will not be counted as personal/carer’s leave.

d. Employees will be paid for Personal Leave taken at their ordinary rate of pay.

e. Personal leave can be taken by the employee as either:

1. Sick leave because the employee is suffering from a personal illness or injury; or

2. Carer’s leave where they are responsible to provide care or support for a person, where they are ill or injured, or who require care due to an unexpected emergency, who would be classed as immediate family in accordance with Clause B1. General Definitions.

f. An employee may be required to provide a sick leave certificate, statutory declaration or other evidence that would satisfy a reasonable person to substantiate the reason for all periods of sick leave, taken by the employee due to illness. However, CPA may dispense with the requirements of suitable evidence where the absence does not exceed two (2) consecutive working days, or where, in CPA’s opinion, the circumstances are such as not to warrant such a requirement.

g. Where CPA requires evidence in accordance with clause J4. (f) above, and where such evidence is not provided, no payment for personal leave taken will be made to the employee other than the initial two (2) days of personal leave taken.

h. In regards to Personal/Carers Leave taken other than for sick leave, employees are required to submit to CPA on their return from leave, a certificate or letter from an appropriately qualified medical practitioner, or alternatively a statutory declaration, evidencing their need to take carer’s leave to care or support a member of the employee’s immediate family or household. In normal circumstances, an employee must not take carer’s leave where another person has taken leave to care for the same person on the same day.

i. An employee will take all reasonably practicable steps to inform CPA of their inability to attend for duty, and as far as possible, state the estimated duration of the absence.

j. Where practicable, such notice will be given within 24 hours of the commencement of the absence.

Applies to:



Casual employees


P a g e 3 5

k. An employee will not be entitled to personal/carer’s leave on full pay for any period where

the employee is entitled to full pay on workers compensation, provided however, that where the workers compensation is less than full pay, CPA will pay to the employee, who has personal/carer’s leave entitlements under this clause, the difference between the amount received as workers compensation and full pay.


Unpaid carer’s leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Once an employee’s entitlement to paid Personal Leave has been exhausted, an employee is entitled to two (2) days unpaid carer’s leave for each permissible occasion for the purposes of providing care and support to a member of their immediate family who is ill, injured or who require care due to an unexpected emergency.

b. Unpaid carer’s leave cannot be taken whilst the employee has accrued paid personal/carer’s leave entitlements.

c. An employee’s manager may approve additional unpaid carer’s leave after giving consideration to the employee’s circumstances and the operational requirements of the service.

d. Employees will not be considered to be on unpaid personal carer’s leave where such leave falls on a public holiday or during periods of other leave.

e. Unpaid carer’s leave can be taken as:

1. A single continuous period of up to two (2) days; or

2. Any separate periods to which the manager and employee agree.


Compassionate leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. A full or part-time employee is entitled to two (2) days of paid compassionate leave when a member of the employee’s immediate family or household:

1. Contracts or develops a personal illness that poses a serious threat to their life; or

2. Sustains a personal injury that poses a serious threat to their life; or

3. Dies.

b. In regards to compassionate leave, the employee need not have been responsible for the care of the person concerned.

c. For compassionate leave to be granted, an application may be required to be supported by either the production of a medical or death certificate, statutory declaration or other satisfactory evidence describing the circumstances of the person(s) concerned.

d. The employee may take compassionate leave for each occasion:

Applies to:



Casuals

Applies to:



√ Casuals


P a g e 3 6

1. For the purposes of spending time with the member of the employee’s immediate family or household who has contracted or developed the personal illness or sustained the personal injury; or

2. After the death of the member for the employee’s immediate family or household.

e. An employee may take compassionate leave as:

1. A single continuous period of two (2) days; or 2. Two separate periods of one (1) day each; or 3. Any separate periods to which the employee and their manager agree

f. Employees will be paid for compassionate leave at their ordinary rate of pay.

g. Compassionate leave may be taken in conjunction with other leave available in accordance with clause J1. Leave Entitlements. In determining such a request, the manager will give consideration to the circumstances of the employee and the reasonable operational requirements of the service.

h. Casual employees are entitled to two (2) days unpaid compassionate leave for each permissible occasion. Such entitlement will be subject to the same conditions in accordance with clause J6. (c), (d) and (e).

J8. Emergency Leave

a. An employee, other than a casual employee will be entitled to one (1) day leave without loss of pay on each occasion that they are forced to be absent from duty because of unforeseen urgent pressing necessity, e.g. floods or bushfires, which prevent attendance for duty.

b. Such leave will be limited to the time necessary to cover the immediate emergency.

c. On any other occasion, where an employee is forced to be absent from duty because of an unforeseen urgent necessity, other than that described above, the manager may grant the employee leave without pay or otherwise as mutually agreed between the employee and their manager, the absence(s) can be deducted from the employee’s annual leave entitlements.


Community service leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

a. Emergency Services Leave

1. Unpaid leave will be granted to all casual, part and full time employees who are involved in a voluntary emergency services activity.

2. Up to ten (10) days of paid leave will be granted to part and full time employees who have twelve (12) months of continuous service with CPA.

3. Employees eligible for paid and unpaid leave must be a member of a recognised emergency management body and be able to produce evidence of such membership on request.

Applies to:



Casuals

Applies to:



Casuals


P a g e 3 7

b. Jury Service

1. Leave will be granted and makeup pay will be paid to all part and full time employees who are required for Jury Duty by or under law of the Commonwealth, a State or a Territory.

2. Unpaid leave will be granted to all casual employees who are required for Jury Duty by or under law of the Commonwealth, a State or a Territory.

3. All employees must immediately inform their manager upon receiving notification to attend Jury Duty. They must also provide a copy of the jury service summons.

4. To be eligible for payment of makeup pay, part and full time employees must provide evidence that would satisfy a reasonable person that the:

- employee has taken all necessary steps to obtain any amount of jury service pay to which they are entitled to; and

- total amount of jury service pay that has been paid or is payable, to the employee for the period of the jury service.

c. Defence Reserve Force Leave

1. Unpaid leave will be granted to all casual, part and full-time employees who are members of the Defence Reserve Force.

2. Up to ten (10) days of leave will be granted and makeup pay will be paid to part and full time employees who have twelve (12) months of continuous service with CPA.

3. To be eligible for payment of makeup pay, part and full time employees must provide a copy of their military pay voucher to enable CPA to determine the difference between the payment they received from the Defence Force and their CPA ordinary rate of pay.

J10. Ceremonial Leave An employee who is legitimately required by Aboriginal and Torres Strait Islander tradition to be absent from work for Aboriginal and Torres Strait ceremonial purposes, will be entitled to ten (10) working days unpaid leave in any one year, with the approval of CPA.

J11. Purchased Additional Leave a. Eligible part and full-time employees, who work 22.8 hours or more

each week may purchase additional leave, in accordance with CPA policies.

b. The purchased options are:

1. One, two, four or six weeks 2. Three months (13 weeks) 3. Six months 4. Twelve months


Applies to:



Casuals


P a g e 3 8

c. Pre-purchased leave enables an employee to acquire additional leave in exchange for a

proportional reduction in the employee’s remuneration over an agreed period.

d. Pre-purchased leave can be taken in conjunction with any paid leave.

e. Pre-purchased leave counts as service for all purposes. Employees continue to accrue their normal entitlements whilst on pre-purchased leave (e.g. annual, sick and long service leave). They will be expected to take up their normal duties on returning from their pre-purchased leave.

f. The manager has the right to decline or renegotiate an employee’s application for pre-purchase additional leave, if the proposed dates for its use will conflict with operational requirements and/or reduce service delivery to clients and their families. Where an employee is promoted or transferred to another role/work site, he or she will have to confirm or renegotiate, with their new manager, the timing for taking of the pre-purchased leave.

g. These options are not available to casual staff and employees contracted for periods of less than twelve (12) months.

J12. Leave without Pay There are two (2) types of Leave without Pay (LWOP): a. The first type of LWOP is statutory entitlements under the Act:

• Unpaid Parental Leave • Unpaid Carer’s Leave • Unpaid Compassionate Leave • Community Service Leave; and

b. The second type of LWOP is unpaid leave only granted by CPA in exceptional

circumstances c. The following will be considered when determining whether unpaid leave will be granted

by CPA:

1. The employee has been employed by CPA for at least six (6) months; and

2. Will the granting of leave cause disruption to services?

e. Any period of unpaid leave, with the exception of leave in accordance with clause J9. Community Service leave, will not count toward service for the purposes of entitlement to personal/carer’s, annual, parental and long service leave or redundancy.

f. Periods of unpaid leave greater than two (2) months must be approved by the Chief

Executive Officer.



P a g e 3 9


For NSW based employees, Long Service Leave is provided for in accordance with the NSW Long Service Leave Act, 1955 and the NES. This clause provides a summary of the key provisions.

a. All full and part-time employees are entitled to take long service leave after completing ten (10) years of continuous service with CPA.

b. Eligible employees are entitled to two (2) months leave after ten (10) years continuous service and an additional one (1) months leave for each further five (5) years continuous service.

c. Casual employees are entitled to long service leave, in accordance with the NES.

d. One month equals four and one third (4 1/3) weeks.

e. Employees must take long service leave in minimum blocks of one (1) week.

f. Where the service of an employee with at least five (5) years continuous service is terminated by CPA for any reason other than the employee’s serious and willful misconduct, or by the employee on account of illness, incapacity or pressing domestic necessity, or by reason of death of the employee, the employee will be entitled for five (5) years continuous service to one (1) month’s long service leave on full pay and for service after five (5) years to a proportionate amount of such leave on full pay, calculated on the basis of two (2) months long service leave for ten (10) years continuous service.

For ACT based employees, Long Service Leave is provided for in accordance with the Long Service Leave (Portable Schemes) Act, 2009 and the NES. This clause provides a summary of the key provisions.

a. The scheme provides a portable long service leave entitlement to employees undertaking relevant work across the community sector for any employee within the industry.

b. All employees are entitled to 8.67 weeks leave after ten (10) years’ of service in the community sector industry.

c. All employees are eligible for a pro-rata payment after five (5) years of service within the scheme.

d. Employees must take long service leave in minimum blocks of two (2) weeks.

J14. Parental Leave

Parental leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:

Part and full-time employees, are entitled to a total of up to twelve (12) months parental leave (comprising both paid and unpaid leave) after completing at least twelve (12) months continuous service with CPA. a. Paid and unpaid parental leave comprises maternity leave, paternity leave and adoption

leave.

Applies to: √ Full time employees √ Part time employees √ Casual employees

Applies to: √ Full time employees √ Part time employees √ Casual employees


P a g e 4 0

b. An employee must give CPA at least ten (10) weeks written notice of their intention to take

parental leave, or if that is not reasonably practicable, as soon as is reasonably practicable, indicating both the intended start and end dates of the leave.

c. All such requests must be accompanied by a medical certificate, statutory declaration or other evidence that would satisfy a reasonable person to substantiate the reason for the request. The request must include the expected date of birth of the child, or in the case of an adopted child, a statutory declaration or letter from the appropriate agency indicating the expected day of placement of the adopted child and that the child will be under school age as at the day of placement, or the expected day of placement of the adopted child.

d. Parental leave must be taken in a single continuous period.

e. An employee who originally planned to take less than twelve (12) months unpaid parental leave can extend their leave. The total period, with the extension, cannot be more than twelve (12) months.

An employee wanting to extend their parental leave must give a minimum of four (4) weeks written notice prior to the completion of their leave, specifying the new proposed end date of the leave.

Where CPA agrees, the employee may further extend the period of unpaid parental leave beyond the employee’s available parental leave period.

f. Where CPA agrees, an employee may request to return to work from parental leave earlier than the planned date. Where CPA has not agreed to an earlier return to work, the employee’s original planned date stands.

No notice period is required where CPA and the employee have agreed to a new return to work date.

g. On finishing a period of unpaid parental leave, an employee is entitled to return to:

1. The employee’s pre-unpaid parental leave role; or

2. If that role no longer exists, an available role for which the employee is suitably qualified, suited or can be trained to suit, and that is nearest in status and pay to the employee’s pre-unpaid parental leave role. Should the employee refuse such alternative role, no entitlement to redundancy benefits will accrue.

h. The period of paid maternity leave will be twelve (12) weeks.

i. Paid leave, such as, annual leave may be taken at the same time as unpaid parental leave. An employee, however, is not entitled to take paid personal/carers leave or compassionate leave nor are they entitled to payment for community services leave in relation to any activities they may engage in whilst taking unpaid parental leave.

j. An employee, who is entitled to paid paternity leave in any one year, must commence the leave within four (4) weeks of the birth of the child. The period of paid paternity leave is two (2) weeks.

k. Paternity Leave is paid at the ordinary rate of pay.

l. Unpaid paternity leave can be taken in conjunction with paid Paternity Leave, for a period not exceeding 52 weeks.


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m. Paid Parental Leave is not taken into account when calculating the period of service within

the organisation for the purposes of accruing personal/carer’s, annual and long service leave.

n. A part or full-time employee who has returned to work after parental leave must complete at least one (1) year of continuous service prior to the expected date of birth or prior to the date of taking custody of the child before they can again be eligible for parental leave.

o. Paid parental leave, as covered by this clause, becomes redundant if a government introduces a more generous paid parental leave scheme.

J15. Family Leave

In order to encourage and support the desired healthy work/life balance, CPA provides the following to eligible part and full-time employees who have a minimum of twelve (12) month’s continuous service: a. Employees who have averaged 38 hours a week over the previous

12 months will receive two (2) paid days (up to 7.6 rostered hours each day) of family leave

b. Employees who have averaged less than 38 hours a week, but 22.8 or more hours over the previous 12 months will receive one (1) paid day (up to 7.6 rostered hours) of family leave.

c. The days are non-cumulative and must be taken within twelve (12) months of the employee’s anniversary date

d. Family leave days cannot be cashed out. J16. Grandparents Leave

In order to encourage and support the desired healthy work/life balance, CPA provides the following to eligible part and full-time employees who have a minimum of twelve (12) month’s continuous service and who work 22.8 or more hours a week: a. One (1) paid leave day (up to 7.6 rostered hours) on the occasion of the birth of their

grandchild to be taken within fourteen (14) days of the grandchild’s birth. b. No more than three (3) paid leave days for any three separate birth occasions can be taken

in a calendar year. c. The employee will provide satisfactory evidence, on request, as proof of compliance with

this clause. d. Leave days are non-cumulative. e. Leave days cannot be cashed out.




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K. Notice of Termination Notice of termination is provided for in the NES. This clause highlights key NES, as well as, additional provisions.


a. Within the six (6) month qualifying period only, both CPA and the employee are required to give one (1) weeks’ period of notice.

b. Outside the qualifying period, the period of notice required to be given by an employee is four (4) weeks.

c. If an employee fails to give the required notice, CPA may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount being the difference between the required period of notice and the actual period of notice given by the employee.

An employee, taking personal leave during a period of notice, will be required to provide evidence in accordance with clause J4 (f) Paid Personal Leave to substantiate the reason for each absence.


a. CPA may terminate the employee’s employment by the giving of the following written notice, or payment in lieu, of such notice:

Period Employee’s period of continuous service with CPA Period at the end of the day the notice is given 1. Not more than 1 year 1 week 2. More than 1 year but not more than 3 years 2 weeks 3. More than 3 years but not more than 5 years 3 weeks 4. More than 5 years 4 weeks

b. Where an employee is over 45 years of age and has completed at least two (2) years of continuous service at the end of the day the notice is given, they are entitled to one (1) additional week’s notice.

c. CPA may terminate the employment of a casual employee by giving notice at the end of the employee’s current worked shift.

Applies to:



Casual employees

Applies to:



Casual employees


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a. CPA may, without notice, summarily dismiss an employee at any time for serious and willful misconduct.

b. Payment is up to the time of dismissal only.

K4. Redundancy

a. Employees are entitled to redundancy as provided for in the NES and this Agreement and will be administered in accordance with the policies of CPA, as amended from time to time.

b. The provisions of this clause apply to permanent employees only. Casual employees are employed by the hour and therefore may provide, or be provided with, one (1) hour’s notice, should their services not be required or should either party wish the employment relationship to cease.

c. An employee is entitled to be paid redundancy pay by CPA if the employee’s employment is terminated at CPA’s initiative in circumstances where CPA no longer wishes the job the employee has been doing to be done by anyone as a result of changes referred to in clause C1. (a) (1) Introduction of Change – CPA’s Duty to Notify.

d. Wherever possible, to avoid the need to retrench an employee, CPA will consider all other options such as redeployment to other roles or locations, retraining or transfer to other CPA operational divisions.

e. Where CPA has made a decision that the role an employee has been doing is no longer required to be done, and that decision may lead to the termination of the employee’s employment, CPA will hold discussions with the employee directly affected and their workplace representatives.

f. The discussions will take place as soon as practicable after CPA has made a definite decision, and will cover, amongst other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse affects of any termination on the employees concerned.

g. CPA will provide the employee the following notice after a decision has been made to terminate the employee’s employment:

Employee’s period of continuous service Period of notice 1. Not more than 1 year At least 1 week 2. More than 1 year but not more than 3 years At least 2 weeks 3. More than 3 years but not more than 5 years At least 3 weeks 4. More than 5 years At least 4 weeks

Applies to:



Casual employees

Applies to:



Casual employees


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h. In addition to the notice in clause K4 (g), employees over 45 years of age, with not less than

two (2) years continuous service at the time of being given the notice of termination, will be entitled to an additional one (1) weeks’ notice.

i. Payment in lieu of notice will be made if the appropriate notice period is not given. Provided that the employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

j. During the period of notice, an employee will be allowed up to one (1) day’s time off without loss of pay during each week of notice, to a maximum of five (5) weeks, for the purpose of seeking other employment.

k. If the employee has requested and CPA has granted paid leave of more than one (1) day during the notice period for the purpose of seeking other employment, the employee will be, at the request of CPA, required to produce proof of attendance at an interview(s), otherwise the employee will not receive payment for the granted additional time.

l. Where the employment of an employee is to be terminated due to redundancy, CPA will pay the following severance payment, in addition to the required payment of notice in accordance with clause K4. (g) and (h).

1. If the employee is under 45 years of age, CPA will pay in accordance with the following scale:

Years of Service Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over and less than 14 years 16 weeks 14 years and less than 15 years 17 weeks 15 years and over 18 weeks

2. If the employee is over 45 years of age, CPA will pay in accordance with the following scale:



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m. For the purpose of this clause, ‘weeks pay’ means in addition to the ordinary rate of pay and

over Agreement payments, all allowances, penalties or shift payment to which the employee would be entitled.

n. The employee is not entitled to notice in accordance with clause K4 (c) or severance pay where:

1. The employee’s role is redundant and the employee is offered employment in another role comparable in status, competency requirements and remuneration to their role; or

2. part or all of CPA’s business is transmitted by way of sale, assignment or succession and the employee is offered employment with the purchaser, assignee or success or of the business (or part) on terms that overall, are no less favourable than provided for in this Agreement.


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PART B – ALLIED HEALTH & RELATED PRACTITIONERS ROLE FAMILY


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PART C - MONETARY RATES

Table 1 – Conversion Table

Current Role Levels

Proposed Role Levels

Hourly Rates effective from

1/07/13

Annual Salary effective from

1/07/13

Level 1, Stage 1 Level 1, Step 1 29.75 58,786.00

Level 1, Stage 2 Level 1, Step 2 33.15 65,504.40

N/A Level 2, Step 1 N/A N/A

Level 2, Stage 1 Level 2, Step 2 39.80 78,644.80 Level 2, Stage 2 Level 2, Step 3 41.43 81,865.68

Level 3, Stage 1 Level 3, Step 1 43.09 85,145.84 Level 3, Stage 2 Level 3, Step 2 44.35 87,635.60


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Table 2 – Wage Rates

Roles Hourly Rate @ date of ratification

Hourly Rate

First Full Pay after 01/07/2015

Hourly Rate


Physiotherapist, Occupational Therapist, Speech Pathologist, Social Worker, Psychologist 2.5% increase

(Note: this includes a 1.35% increase in lieu of A/L loading +

2.5% increase) 2.5% increase

Level 1 Step 1 30.49 31.66 32.45

Level 1 Step 2 33.98 35.29 36.17

Level 2 Step 1 37.39 38.83 39.80

Level 2 Step 2 40.80 42.37 43.43

Level 2 Step 3 42.47 44.11 45.21

Level 3 Step 1 44.17 45.87 47.02

Level 3 Step 2 45.46 47.21 48.39


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Table 3 – Wage Rates, Roles with Annualised Salaries

Roles Hourly Rate @ date of ratification

Hourly Rate


Hourly Rate


Exercise Physiologist, Family Therapist & Conductor (Note: No change to

current hourly rate)

(Note: 2.5% increase only

applies if current hourly rate is less

than new rate) 2.5% increase

Level 1 Step 1 N/A 31.66 32.45

Level 1 Step 2 N/A 35.29 36.17

Level 2 Step 1 N/A 38.83 39.80

Level 2 Step 2 N/A 42.37 43.43

Level 2 Step 3 N/A 44.11 45.21

Level 3 Step 1 N/A 45.87 47.02

Level 3 Step 2 N/A 47.21 48.39


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INSERT INDEX HERE

Documents

Cerebral Palsy Alliance Enterprise Agreement Update · Cerebral Palsy Alliance Enterprise Page 10 f. CPA must give the individual employee a copy of the agreement and keep the agreement