Special Residential Schools' Collective Agreement

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Section 3: Hours of Work and Related Provisions

Special Residential Schools' Collective Agreement
Effective 28 February 2019 to 27 February 2021

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  • 3.1 Hours Of Work
    • 3.1.1 Principles:

      Hours of work shall be continuous each day, aside from meal and rest breaks. Ordinary hours of work shall not exceed 8 per day. Days of work will normally be consecutive. All employees shall enjoy regular and/or predictable work patterns. Any changes to working hours for Standard scale employees shall be by mutual agreement, except in emergencies.
      Emergencies" are unforeseen events which adversely affect the functioning of the School.

      3.1.2 Scale working hours:

            1. Standard scale hours: 40 hours each week to be worked between 7.30am and 7.30pm daily from Monday to Friday inclusive, with not more than one hour for lunch each day.
              Note: Employees on Standard scale hours will, wherever possible, be granted the opportunity to work flexible hours.
            2. Rostered scale hours: 40 hours each week (may be averaged over 2 weeks) between 9.00pm and 7.30am for night attendants, and between 6:30am and 10pm for other rostered scale employees, to be worked as part of a regular roster cycle.
                1. Placement of an employee on Rostered scale hours is at the discretion of the Principal.
                2. It is acknowledged that Rostered employees are required to undertake such duties as preparation, evaluation and assessment time generated by student contact, in addition to their normal contact time, and that these factors have been taken into consideration in determining the employee’s hours of work and leave entitlements.)
                3. Rostered employees shall not be required to attend school during any time when the school is officially closed for instruction, other than in accordance with this clause. Boards may require employees to attend school or elsewhere, when the school is closed for instruction (except on weekends or statutory holidays unless by agreement) to undertake planning, preparation and professional development for up to 15 days per annum.
              Permanent changes to rosters may be made by the employer after giving at least 5 working days' notice.
              Where practicable (and especially where the day off is a single day) rosters are to be arranged so that the day's work finishes as early as possible on the day preceding the day/s off and resumes as late as possible on the day following the day/s off.

      3.1.3 All employees shall, wherever practicable, be allowed a minimum break of nine uninterrupted hours between one day's work and the next. Where such a break is not allowed, any time worked shall be paid at overtime rates until the break is able to be taken. Absence from work to achieve a nine hour break will be deemed to be time worked.

  • 3.2 Meal and Rest Breaks
    • 3.2.1 An employee shall be allowed a meal break of not less than 1/2 hour and not more than 1 hour after a maximum 5 hours worked.

      3.2.2 An employee shall be allowed two rest breaks of 10 minutes each during each period of duty, at times specified by his/her employer.

  • 3.3 Overtime
    • 3.3.1 Overtime is time worked in excess of 40 hours per week or 8 hours per day.

      3.3.2 Equivalent time off may be granted on the basis of one hour off for one hour worked, by mutual agreement between the employer and the employee.

      3.3.3 Overtime is payable at the rate of T1 1/2 for the first three hours worked between 6.00am Monday and 12 noon Saturday, except that all overtime worked between 10.00pm and 6.00am on these days is payable at T2.  All overtime worked between noon on Saturday and 6.00am on Monday or after three hours overtime has been worked on any day, is payable at T2.  Overtime worked on statutory or designated holidays is payable at T2.

      Note:  Although these overtime rates apply to all staff, certain Rostered employees may receive an allowance in lieu of rostered overtime.

      3.3.4 An employee in receipt of base salary of $60,000 (including higher duties allowance) or more, is not entitled to overtime payments. Any employee who through salary increases to grand-parented incremental steps has a base salary above $60,000 will not be affected by this provision in the term of this agreement.

  • 3.4 Penal Rates
    • For ordinary hours worked:

        1. from 0000 to 1200 hours Saturday, T1/2 for the first 3 hours and T1 thereafter;
        2. from 1200 hours Saturday to 2400 hours Sunday, T1;
        3. between 2000 hours and 0600 hours any day, T1/4, with a minimum payment of 2 hours.

      Note (i): These penalty payments are assessed on base salary;

      Note (ii): Employees first appointed to a School, or appointed to a new position at a School on or after 1 May 1996 will have these penalty rates assessed at their actual salary or step 8 of the Base Salary scale (refer to clause 4.2.2), whichever is less.

      Rostered employees may, instead of receiving penal rates, receive a loading in addition to salary, taking into account actual days and hours worked over a 12 month period.  The loading will be averaged out over the full year and will also be paid during paid leave.

  • 3.5 Call Back
    • 3.5.1 Where an employee is called back to work after completing the day's work and after leaving the School for the day, or is called back before the normal starting time and does not continue working until normal starting time, that employee shall be paid for a minimum of 3 hours at the appropriate overtime rate.

      3.5.2 This provision applies to days off as well as ordinary working days.

      3.5.3 Call backs commencing within the minimum period covered by an earlier call back shall be deemed one call back.

  • 3.6 Transitional Arrangements
    • 3.6.1 Where any employee had previously entered into a salary arrangement which incorporated various allowances into his/her salary package, the salary arrangements shall be put in writing, clearly specifying the individual elements of the remuneration and signed by the employee, his/her employer and a representative of the PSA.  One copy of the agreement will be retained by the employer on the employee's personal file and one copy retained by the employee.

      3.6.2 Where various allowances have been incorporated into the salary package it is not the intention of the parties that the employee shall be paid in addition any allowances which have been already incorporated into the salary package.  All employees bound by this Agreement shall have the benefit of all other minimum provisions in the Agreement.

      3.6.3 By mutual agreement an employee who has had their remuneration salarised as per 3.6.1 above, can revert to base salary plus allowances relevant to their position.  In determining the relevant allowances the parties acknowledge that the allowances contained in the original salarisation agreement may have changed in this Agreement.

      3.6.4 Allowances contained in this Agreement that are the same, amended or new, relevant to the position, shall apply.

      3.6.5 If any allowance has not been carried forward into this Agreement there is no entitlement.

      Note: It is acknowledged that issues may arise under the Holidays Act 2003 regarding this clause which the parties will continue to work towards resolving.