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AUTISM QUEENSLAND
LIMITED
EMPLOYEE AGREEMENT
2020
Autism Queensland Limited Employee Agreement 2020 Page 2 of 71
TABLE OF CONTENTS APPLICATION AND OPERATION .............................................................................................................. 8
1. Title ................................................................................................................................................. 8
2. Application ...................................................................................................................................... 8
3. Date and Period of Operation ......................................................................................................... 8
4. Posting of Agreement ..................................................................................................................... 8
5. Application of Agreement ............................................................................................................... 8
6. Objectives of Agreement ................................................................................................................ 9
GENERAL TERMS AND CONDITIONS ....................................................................................................... 9
7. Flexibility Arrangements ................................................................................................................. 9
8. Dispute Resolution Process ........................................................................................................... 11
9. Job Security ................................................................................................................................... 12
10. Organisational Change and Consultation.................................................................................. 12
11. Employment Policies and Procedures ....................................................................................... 15
12. Employment Categories ............................................................................................................ 15
13. Full-time Employment ............................................................................................................... 16
14. Part-time, Fixed-period and Term-time Employment .............................................................. 16
15. Operation of Fixed-period Employment ................................................................................... 16
16. Casual Employment .................................................................................................................. 17
17. More than One Engagement..................................................................................................... 17
18. Higher Duties............................................................................................................................. 17
19. Duties Within Skills, Competency and Training ........................................................................ 18
20. Learning and Professional Development .................................................................................. 18
21. Payment of Wages .................................................................................................................... 18
22. Repayment of Overpayments ................................................................................................... 19
23. Termination of Employment ..................................................................................................... 19
24. Redundancy............................................................................................................................... 20
25. Employee Leaving During Notice .............................................................................................. 21
Autism Queensland Limited Employee Agreement 2020 Page 3 of 71
26. Alternative Employment ........................................................................................................... 21
27. Employees with Less than One Year's Service .......................................................................... 21
28. Employees Exempted ................................................................................................................ 21
29. Exemption Where Transfer of Business .................................................................................... 21
30. Wage Increases ......................................................................................................................... 22
31. Salary Sacrifice .......................................................................................................................... 24
32. Occupational Superannuation .................................................................................................. 24
33. Annual Leave (other than School Teachers) ............................................................................. 24
34. Taking of Annual Leave (other than School Teachers) .............................................................. 25
35. Cashing out Annual Leave ......................................................................................................... 26
36. Annual Leave in Advance .......................................................................................................... 26
37. Eliminating Excessive Leave Accruals ........................................................................................ 26
38. Christmas Shutdown ................................................................................................................. 27
39. Paid Personal/Carer’s Leave ..................................................................................................... 27
40. Domestic Violence Leave .......................................................................................................... 28
41. Unpaid Carer’s Leave ................................................................................................................ 29
42. Notice and Evidence: Personal/Carer’s and Domestic Violence Leave .................................... 29
43. Unpaid Parental Leave .............................................................................................................. 29
44. Paid Parental Leave ................................................................................................................... 30
45. Dads and Partners Leave ........................................................................................................... 31
46. Compassionate Leave ............................................................................................................... 31
47. Statutory Holidays ..................................................................................................................... 31
48. Arbitration Leave ...................................................................................................................... 33
49. State Emergency Service Leave................................................................................................. 33
50. Emergency / Natural Disaster Leave ......................................................................................... 33
51. Jury Service ............................................................................................................................... 33
52. Long Service Leave .................................................................................................................... 33
53. Time Off in Lieu of Overtime (TOIL) .......................................................................................... 34
Autism Queensland Limited Employee Agreement 2020 Page 4 of 71
54. Union Recogition ....................................................................................................................... 34
55. Trade Union Training Leave ...................................................................................................... 35
56. Payment of Union Membership Fees ....................................................................................... 35
57. Union Delegates ........................................................................................................................ 36
58. Family Responsibilities .............................................................................................................. 36
59. Reimbursement and Travel Allowance ..................................................................................... 36
60. Excursion ................................................................................................................................... 36
61. Break Between Shifts ................................................................................................................ 37
62. Workplace Health and Safety ................................................................................................... 37
63. Civil Liability .............................................................................................................................. 37
SCHEDULE A – ADMINISTRATION ......................................................................................................... 39
64. Applicable Modern Award ........................................................................................................ 39
65. Salary Progression ..................................................................................................................... 39
66. Span of Hours ............................................................................................................................ 39
67. Overtime ................................................................................................................................... 39
68. Weekend Penalties ................................................................................................................... 39
69. Broken Shift Allowance ............................................................................................................. 40
70. Shift Penalties ........................................................................................................................... 40
71. Rest Pauses ............................................................................................................................... 41
72. Meal Break ................................................................................................................................ 41
73. Pupil Free Day ........................................................................................................................... 41
SCHEDULE B – BUS AND MAINTENANCE .............................................................................................. 42
74. Applicable Modern Awards ....................................................................................................... 42
75. Span of Hours ............................................................................................................................ 42
76. Overtime ................................................................................................................................... 42
77. Weekend Penalties ................................................................................................................... 43
78. Rest Pauses and Meal Break ..................................................................................................... 43
79. Broken Shift Allowance ............................................................................................................. 43
Autism Queensland Limited Employee Agreement 2020 Page 5 of 71
80. Shift Penalties ........................................................................................................................... 44
81. Outside Work Allowance .......................................................................................................... 44
82. Toilet Cleaning........................................................................................................................... 44
83. Window Cleaning ...................................................................................................................... 45
SCHEDULE C – COMMUNITY SERVICES ................................................................................................. 46
84. Applicable Modern Award ........................................................................................................ 46
85. Salary Progression ..................................................................................................................... 46
86. Span of Hours ............................................................................................................................ 46
87. Rest breaks between rostered work and overtime .................................................................. 46
88. Weekend and Public Holiday Penalty Payments ...................................................................... 47
89. Late Work Allowance ................................................................................................................ 47
90. Sleepover .................................................................................................................................. 48
91. Awake Allowance ...................................................................................................................... 48
92. On Call Payment ........................................................................................................................ 48
93. Clothing and Equipment ........................................................................................................... 48
94. Telephone Allowance ................................................................................................................ 49
95. Casual ........................................................................................................................................ 49
96. Meal Break ................................................................................................................................ 49
97. Meal Allowance ......................................................................................................................... 49
98. Rest Pauses ............................................................................................................................... 49
99. Overtime ................................................................................................................................... 50
100. Entitlement to Payment for Overtime ...................................................................................... 50
101. Remuneration for Annual Leave ............................................................................................... 51
102. Shift Work ................................................................................................................................. 51
103. Broken Shift ............................................................................................................................... 51
104. Annual Leave for Shift Workers ................................................................................................ 52
105. Ceremonial Leave ...................................................................................................................... 52
SCHEDULE D – PROFESSIONALS ............................................................................................................ 53
Autism Queensland Limited Employee Agreement 2020 Page 6 of 71
106. Applicable Modern Awards ....................................................................................................... 53
107. Classification of Employees ....................................................................................................... 53
108. Salary Progression ..................................................................................................................... 53
109. Regional Professional Employee’s Uplift .................................................................................. 54
110. Oridinary Hours of Work (Other Than School Teachers) .......................................................... 54
111. Meal Break ................................................................................................................................ 54
112. On Call Payment ........................................................................................................................ 54
113. Meal Allowance ......................................................................................................................... 54
114. Rest Pauses ............................................................................................................................... 55
115. Overtime – School Teachers ..................................................................................................... 55
116. Overtime ................................................................................................................................... 56
117. Weekend Work ......................................................................................................................... 56
118. Shift Work – Other than School Teachers ................................................................................. 56
119. School Teachers – Non Contact Time ....................................................................................... 56
120. School Teachers - Annual Leave ................................................................................................ 57
121. Special Leave Without Pay ........................................................................................................ 57
122. Absences of Less than One Day ................................................................................................ 57
123. Pupil Free Days .......................................................................................................................... 57
124. Blood Check............................................................................................................................... 58
125. Clothing and Equipment ........................................................................................................... 58
126. Occasional Interpreting Allowance ........................................................................................... 58
127. Telephone ................................................................................................................................. 58
128. Ceremonial leave ...................................................................................................................... 59
SCHEDULE E – TEACHER AIDES & PROGRAM ASSISTANTS ................................................................... 60
129. Applicable Modern Award ........................................................................................................ 60
130. Classifications ............................................................................................................................ 60
131. Progression From Level 1 to Level 2 ......................................................................................... 60
132. Hours of Work ........................................................................................................................... 61
Autism Queensland Limited Employee Agreement 2020 Page 7 of 71
133. Overtime ................................................................................................................................... 61
134. Weekend Penalties ................................................................................................................... 61
135. Shift Penalties ........................................................................................................................... 61
136. Broken Shift Allowance ............................................................................................................. 62
137. Annualised Salary ...................................................................................................................... 62
138. Rest Pauses ............................................................................................................................... 63
139. Meal Break ................................................................................................................................ 63
140. Pupil Free Day ........................................................................................................................... 63
SCHEDULE F – WAGES ........................................................................................................................... 64
141. Administration Officers (Schedule A) ........................................................................................ 64
142. Bus Drivers, Bus Aides, Cleaners & Maintenance Officers (schedule B) ................................... 65
143. Lifestyle Support Workers, Community Services Coordinators (Schedule C) ........................... 65
144. Professionals – 70 Hour Fortnight (Schedule D) ....................................................................... 66
145. Professionals – 76 Hour Fortnight (Schedule D) ....................................................................... 67
146. Teacher Aides and Program Assistants (Schedule E) ................................................................ 68
SCHEDULE G – DEFINITIONS ................................................................................................................. 69
147. Signatories: ................................................................................................................................ 71
Autism Queensland Limited Employee Agreement 2020 Page 8 of 71
APPLICATION AND OPERATION
1. TITLE
This Agreement shall be known as the Autism Queensland Limited Employee Agreement 2020
(the ‘Agreement’).
2. APPLICATION
This Agreement shall apply to Autism Queensland Limited (Autism Queensland) and its
employees, referred to as Administration Officers and Assistants, Cleaners, Maintenance Officers,
Groundspersons, Bus Drivers and Bus Aides, Teachers, Professional Learning Facilitators, Group
Leaders, Teacher Aides, Program Assistants, Social Workers, Counsellors, Physiotherapists,
Psychologists, Occupational Therapists, Speech Pathologists, Community Services Coordinators
and Lifestyle Support Workers.
3. DATE AND PERIOD OF OPERATION
3.1 This Agreement shall come into force seven days after its approval by the Fair Work Commission
and shall remain in force for a period of four years from the date of approval.
3.2 The first pay increase is scheduled to be paid in the first pay period following the approval of the
Agreement by the Fair Work Commission at which point Autism Queensland will backpay the
increase to 5 November 2019.
3.3 The parties agree to commence negotiations for a replacement Agreement, not more than 6
months and no less than 3 months, before this Agreement expires.
4. POSTING OF AGREEMENT
A copy of this Agreement shall be accessible via the Autism Queensland Intranet – SharePoint -
and displayed in a conspicuous and convenient place on Autism Queensland’s premises so as to
be easily read by all employees.
5. APPLICATION OF AGREEMENT
5.1 The Agreement is divided up into two parts. The first part contains general conditions that apply
to all employees covered by the Agreement. The second part contains Schedules which detail
terms and conditions of employment specific to each employee group.
5.2 The Schedules will be read and interpreted wholly in conjunction with the general conditions of
the Agreement provided that where there is any inconsistency the relevant Schedule will take
precedence.
5.3 This Agreement shall displace any relevant underpinning Award unless the provisions of the
Award are specifically referred to in this Agreement.
Autism Queensland Limited Employee Agreement 2020 Page 9 of 71
5.4 The employees agree that they will not pursue any further claims against Autism Queensland in
respect of their employment during the nominal period of this Agreement. Nothing in this clause
prevents Autism Queensland from seeking to vary the Agreement in accordance with the Fair
Work Act 2009 (Cth) or from amending policies from time to time, that are not included in this
Agreement.
5.5 Where this Agreement refers to policies or procedures of Autism Queensland, while the parties
are expected to comply with these, they do not form part of this Agreement.
5.6 This Agreement will be read and interpreted in conjunction with the National Employment
Standards (NES). Where there is an inconsistency between this agreement and the NES, and the
NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
6. OBJECTIVES OF AGREEMENT
6.1 The shared goals of the parties are to uphold the Values, work towards and support the Vision
and Mission of Autism Queensland.
6.2 The Vision, Mission and Values of Autism Queensland will be accessible via the website and
intranet – Sharepoint, but do not form part of this Agreement.
GENERAL TERMS AND CONDITIONS
7. FLEXIBILITY ARRANGEMENTS
7.1 Autism Queensland and an employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
a. the arrangement is in relation to one or more of the following matters:
i. arrangements about when work is performed;
ii. overtime rates;
iii. penalty rates;
iv. allowances; and
b. the arrangement meets the genuine needs of Autism Queensland and the employee in
relation to one or more of the matters mentioned in paragraph (a); and
c. the arrangement is genuinely agreed to by Autism Queensland and the employee.
7.2 Autism Queensland will ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Act 2009; and
b. are not unlawful terms under section 194 of the Fair Work Act 2009; and
Autism Queensland Limited Employee Agreement 2020 Page 10 of 71
c. result in the employee being better off overall than the employee would be if no
arrangement was made.
7.3 The individual flexibility arrangement will:
a. be in writing; and
b. specify Autism Queensland and the employee as parties to the arrangement; and
c. be signed by a representative of Autism Queensland and the employee and if the employee
is under 18 years of age, signed by a parent or guardian of the employee; and include
details of:
i. the terms of the enterprise agreement that will be varied by the arrangement;
and
ii. how the arrangement will vary the effect of the terms; and
iii. how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
d. states the day on which the arrangement commences.
7.4 Autism Queensland will give the employee a copy of the individual flexibility arrangement within
14 days after it is agreed to.
7.5 Autism Queensland or the employee may terminate the individual flexibility arrangement:
a. by giving no less than 4 weeks’ written notice to the other party to the arrangement; or
b. at any time if both parties agree.
7.6 Requests for flexible working arrangements
a. This clause applies where an employee has made a request for a change in working
arrangements under s 65 of the Act.
b. Before responding to a request made under s 65, the employer must discuss the request
with the employee and genuinely try to reach agreement on a change in working
arrangements that will reasonably accommodate the employee’s circumstances having
regard to:
i. the needs of the employee arising from their circumstances;
ii. the consequences for the employee if changes in working arrangements are not
made; and
iii. any reasonable business grounds for refusing the request.
Autism Queensland Limited Employee Agreement 2020 Page 11 of 71
c. This clause applies if the employer refuses the request and has not reached an agreement
with the employee under this clause.
i. The written response under s 65(4) must include details of the reasons for the
refusal, including the business ground or grounds for the refusal and how the
ground or grounds apply.
ii. If the employer and employee could not agree on a change in working
arrangements under this clause, the written response under s 65(4) must:
i. state whether or not there are any changes in working arrangements
that the employer can offer the employee so as to better
accommodate the employee’s circumstances; and
ii. if the employer can offer the employee such changes in working
arrangements, set out those changes in working arrangements.
d. If the employer and the employee reached an agreement under this clause on a change in
working arrangements that differs from that initially requested by the employee, the
employer must provide the employee with a written response to their request setting out
the agreed change(s) in working arrangements.
e. Disputes about whether the employer has discussed the request with the employee and
responded to the request in the way required by this clause, can be dealt with under the
Dispute resolution clause.
8. DISPUTE RESOLUTION PROCESS
8.1 If a dispute relates to:
a. a matter arising under the Agreement; or
b. the NES,
this term sets out procedures to settle the dispute.
8.2 An employee who is a party to the dispute may appoint a representative for the purposes of the
procedures in this term.
8.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace
level, by discussions between the employee or employees and relevant supervisors and/or
management.
8.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer
the matter to the Fair Work Commission.
8.5 The Fair Work Commission may deal with the dispute in two stages:
Autism Queensland Limited Employee Agreement 2020 Page 12 of 71
a. The Fair Work Commission will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or making a
recommendation; and
b. If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair
Work Commission, with the agreement of the parties, may then:
i. arbitrate the dispute using all powers available to it under the
Fair Work Act 2009; and
ii. make a determination that is binding on the parties, subject to the parties’ rights
to appeal.
8.6 While the parties are trying to resolve the dispute using the procedures in this term:
a. an employee must continue to perform his or her work as he or she would normally unless
he or she has a reasonable concern about an imminent risk to his or her health or safety;
and
b. an employee must comply with a direction given by Autism Queensland to perform other
available work at the same workplace, or at another workplace, unless:
i. the work is not safe; or
ii. applicable occupational health and safety legislation would not permit the work
to be performed; or
iii. the work is not appropriate for the employee to perform; or
iv. there are other reasonable grounds for the employee to refuse to comply with
the direction.
8.7 Where the parties have agreed to arbitration, the parties agree to be bound by a decision made
by the Fair Work Commission.
9. JOB SECURITY
9.1 Autism Queensland is committed to ensuring job security for employees covered by this
Agreement.
9.2 However, the parties acknowledge that organisational changes may be necessary from time to
time.
10. ORGANISATIONAL CHANGE AND CONSULTATION
10.1 This term applies if:
a. Autism Queensland has made a definite decision to introduce a major change to
production, program, organisation, structure, or technology in relation to its enterprise
that is likely to have a significant effect on employees of Autism Queensland; or
Autism Queensland Limited Employee Agreement 2020 Page 13 of 71
b. Autism Queensland proposes to introduce a change to the regular roster or ordinary hour
of work of employees.
Major Change
10.2 In this term, a major change is likely to have a significant effect on employees if it results in:
a. the termination of the employment of employees; or
b. major change to the composition, operation or size of Autism Queensland’s workforce or
to the skills required of employees; or
c. the elimination or diminution of job opportunities (including opportunities for promotion
or tenure); or
d. the alteration of hours of work; or
e. the need to retrain employees; or
f. the need to relocate employees to another workplace; or
g. the restructuring of jobs.
10.3 Autism Queensland will notify the relevant employees of the decision to introduce the major
change.
10.4 The relevant employees may appoint a representative for the purposes of the procedures in this
term.
10.5 Autism Queensland will recognise the representative if:
a. a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and
b. the employee or employees advise Autism Queensland of the identity of the
representative.
10.6 As soon as practicable after making its decision, Autism Queensland will:
a. discuss with the relevant employees:
i. the introduction of the change; and
ii. the effect the change is likely to have on the employees; and
iii. measures being taken to avert or mitigate the adverse effect of the change on
the employees; and
b. for the purposes of the discussion — provide, in writing, to the relevant employees:
i. all relevant information about the change including the nature of the change
proposed; and
Autism Queensland Limited Employee Agreement 2020 Page 14 of 71
ii. information about the expected effects of the change on the employees; and
iii. any other matters likely to affect the employees.
10.7 Autism Queensland is not required to disclose confidential or commercially sensitive information
to the relevant employees.
10.8 Autism Queensland will give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
10.9 In this term, ‘relevant employees’ means the employees who may be affected by the major
change.
Change to Regular Roster or Ordinary Hours of Work
10.10 Autism Queensland will notify the relevant employees of the proposed change.
10.11 The relevant employees may appoint a representative for the purposes of the procedures in this
term.
10.12 Autism Queensland will recognise the representative if:
a. a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and
b. the employee or employees advise Autism Queensland of the identity of the
representative.
10.13 As soon as practicable after proposing to introduce the change, Autism Queensland will:
a. discuss with the relevant employees the introduction of the change; and
b. for the purposes of the discussion – provide to the relevant employees:
i. all relevant information about the change, including the nature of the change;
and
ii. information about what Autism Queensland reasonably believes will be the
effects of the change on the employees; and
iii. information about any other matters that Autism Queensland reasonably
believes are likely to affect the employees; and
c. invite the relevant employees to give their views about the impact of the change (including
any impact in relation to their family or caring responsibilities).
10.14 However, Autism Queensland is not required to disclose confidential or commercially sensitive
information to the relevant employees.
10.15 Autism Queensland must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
Autism Queensland Limited Employee Agreement 2020 Page 15 of 71
11. EMPLOYMENT POLICIES AND PROCEDURES
11.1 From time to time Autism Queensland has (and will continue to) put in place various policies and
procedures which Autism Queensland has introduced in its prerogative. If a policy or procedure
affects an employee and the employee’s employment, the employee must comply with that
policy and/or procedure. As these policies and procedures are introduced by Autism Queensland
in its prerogative, they may be varied by Autism Queensland from time to time. In view of this,
these policies and procedures do not form part of this Agreement, nor do they form part of an
employee’s respective contracts of employment.
11.2 Autism Queensland shall consult with employees on introduction of or changes to policies and
procedures, wherever possible.
12. EMPLOYMENT CATEGORIES
12.1 Notwithstanding clause 17 (More than One Engagement), employees shall be employed in one of
the following categories:
a. Full-time employee;
b. Part-time employee;
c. Casual employee;
d. Term-time employee;
e. Fixed-period employee.
12.2 Each employee shall be advised in writing at the point of engagement and, other than a casual
employee, at other times when varied for a period of more than 2 months in accordance with this
Agreement, the following:
a. The nature of engagement as to whether casual, full-time or part-time and whether
permanent or such other category as provided in clause 12.1 of this Agreement;
b. If part-time, the weeks and the employment fraction or minimum number of hours per
fortnight for which the employee is to be employed;
c. The days of the week the employee is to be employed (may not be applicable for casual
engagements);
d. The normal starting and finishing time for each day’s employment (may not be applicable
for casual engagements);
e. The duration of the engagement in respect of employment for a fixed period; and,
f. The nature of the work to be undertaken.
Autism Queensland Limited Employee Agreement 2020 Page 16 of 71
12.3 An employee, not including casual employees, will initially be engaged for a probationary period
of up to six months. This clause applies to all employees in line with the qualifying periods noted
in the Fair Work Act 2009.
13. FULL-TIME EMPLOYMENT
13.1 A full-time employee (other than a School Teacher) is one engaged to work 38 ordinary hours per
week.
13.2 A full-time School Teacher is engaged to work 35 ordinary hours per week.
14. PART-TIME, FIXED-PERIOD AND TERM-TIME EMPLOYMENT
14.1 A part-time employee is an employee engaged to work a minimum of ten hours per fortnight of
ordinary hours and less than 38 per week on the basis of 52 weeks per annum. The minimum
engagement for any shift is 3 hours.
14.2 A fixed-period employee is one engaged to work 38 ordinary hours or fewer per week with a
specified commencement and cessation date.
14.3 A term-time employee is a continuing employee engaged to work:
a. 38 ordinary hours per week but fewer than 52 weeks per annum; or
b. fewer than 38 ordinary hours per week and fewer than 52 weeks per annum.
14.4 Employees under this subclause shall be entitled to be paid an hourly rate for ordinary hours
worked equal to the appropriate weekly full-time rate divided by 38 or 35 in the case of a School
Teacher.
14.5 Employees under this subclause shall be entitled to receive pro rata entitlements to Annual Leave
and Personal Leave.
14.6 Employees under this subclause shall receive a letter of appointment stating the minimum
number of hours to be worked each week. Where an employee agrees to work additional hours
but less than eight or ten by agreement on any one day, and less than seventy-six hours in any
fortnight, the employee will be paid at ordinary time.
15. OPERATION OF FIXED-PERIOD EMPLOYMENT
15.1 Fixed-period employees will be engaged under the following circumstances:
a. For specific projects or purposes of a fixed term nature;
b. For replacement of employees on Leave or as required; and/or
c. For positions which are not subject to full recurrent funding.
Autism Queensland Limited Employee Agreement 2020 Page 17 of 71
15.2 An Employee engaged under the provisions outlined in 15.1 as a fixed-period employee will be
given at least two weeks’ written notice confirming termination of the fixed-period appointment.
15.3 Wherever possible, employees engaged under the provisions of 15.1c. will:
a. be appointed on a 12-month contract;
b. be offered a contract extension for a minimum of two years upon satisfactory completion
of the probationary period or at least one month prior to expiry of the initial contract term.
16. CASUAL EMPLOYMENT
a. Casual employees shall be paid a loading of 25% and engaged by the hour with a minimum
payment of three hours. Penalties shall be calculated on the base rate of pay, excluding the
casual loading.
b. A casual employee may, after 12 months of working on a regular and systematic basis,
request in writing to have their employment converted to either full-time or permanent
part-time based on the hours they work.
c. If a request is made under subclause (b), Autism Queensland must approve the request,
unless there are reasonable grounds for not approving the request.
d. Unless otherwise stated, the minimum engagement for a casual employee will be 3 hours.
17. MORE THAN ONE ENGAGEMENT
All employees shall be employed in accordance with clause 12.
a. Full-time teachers who work a 70-hour fortnight or part-time employees (i.e. employees
who are employed for less than 38 hours per week) may also be engaged on a casual basis
for duties in a separate engagement provided that such engagement satisfies the following
criteria: subject to mutual agreement between Autism Queensland and the employee;
b. the work required to be performed in the separate engagement is not within the usual job
description of the employee concerned;
c. does not interfere with the employee’s original contract of employment;
d. is not designed to avoid overtime obligations;
e. the separate engagement enables the employee to obtain additional hours and/or
remuneration;
f. Workplace Health and Safety issues to be taken into consideration;
g. the total period shall not exceed 76 hours per fortnight.
18. HIGHER DUTIES
Autism Queensland Limited Employee Agreement 2020 Page 18 of 71
18.1 Autism Queensland may offer to an employee a Higher Duties Allowance to perform work at a
higher Level for a fixed period of more than 5 consecutive working days. This offer may be made
regardless of whether a higher Level exists within the relevant classification structure. Where the
higher Level does exist, an employee accepting such an offer will be paid at the entry paypoint of
the higher Level under this Agreement.
18.2 Employees may request a Higher Duties Allowance to perform work at a higher Level, regardless
of whether a higher Level exists within the relevant classification structure of this Agreement.
Management will consider all individual requests of this nature where a written business case is
provided and will provide a response within 1 week wherever possible. Agreement to such
requests will be entirely at management’s discretion.
19. DUTIES WITHIN SKILLS, COMPETENCY AND TRAINING
19.1 Autism Queensland may direct an employee to carry out such duties as are within the limits of
the employee’s skill, competence and training consistent with the classification structure of this
Agreement.
19.2 Autism Queensland may direct an employee to carry out such duties and use the equipment as
may be required provided that the employee has been properly trained in the use of the
equipment.
19.3 Any direction issued by Autism Queensland pursuant to clause 19.1 and 19.2 shall be consistent
with Autism Queensland’s responsibilities to provide a safe and healthy working environment.
20. LEARNING AND PROFESSIONAL DEVELOPMENT
20.1 Autism Queensland is committed to encouraging and supporting each employee’s learning and
development in accordance with Autism Queensland’s Learning and Development Policy.
20.2 Learning and development activities may include (but are not limited to) attendance at training
programs, professional and industry-specific conferences or forums, on-the-job training,
coaching, mentoring, self-study, secondment, project work or online learning and development.
21. PAYMENT OF WAGES
21.1 Wages shall be paid by Autism Queensland by electronic funds transfer (“EFT”), fortnightly,
provided that where payment is made by EFT there is reasonable geographical access to a facility
which enables the employee to withdraw some or all of their wages on the usual pay day.
21.2 Should public holiday/s occur during the close of the weekly or fortnightly pay period and/or on
the usual pay day, payment of wages may be delayed no longer than the period of such holidays.
Any alternative arrangements of paying wages shall be at the discretion of Autism Queensland.
21.3 The employer must pay an employee no later than 7 days after the day on which the employee’s
employment terminates:
Autism Queensland Limited Employee Agreement 2020 Page 19 of 71
a. the employee’s wages under this Agreement for any complete or incomplete pay period up
to the end of the day of termination; and
b. all other amounts that are due to the employee under this Agreement and the NES.
22. REPAYMENT OF OVERPAYMENTS
22.1 If an employee receives an overpayment, the employee is required to immediately advise Autism
Queensland.
22.2 If Autism Queensland becomes aware of an overpayment, Autism Queensland will inform the
affected employee in writing.
22.3 The employee agrees that if Autism Queensland overpays the employee, then the employee will
repay Autism Queensland or Autism Queensland may deduct the gross amount of the
overpayment from any subsequent payments that Autism Queensland make to the employee.
22.4 The employee will be required to make any repayment as a lump sum as soon as possible. Where
the amount is substantial, Autism Queensland will offer the option of repayment in instalments.
23. TERMINATION OF EMPLOYMENT
23.1 Unless otherwise stated in this Agreement, Autism Queensland shall give to an employee, other
than a casual employee, notice in writing of the termination of service as follows:
a. If the employee’s continuous service is:
i. less than 1 year – 1 week
ii. 1 year but not more than three years – two weeks; and
iii. more than three years but not more than five years – three weeks; and
iv. more than five years – four weeks.
23.2 The notice period is increased by one week if the employee:
a. is over 45 years old; and
b. has completed at least two years of continuous service with Autism Queensland.
23.3 The notice period in clause 23.1 will also apply to employees where they resign employment,
however the extra week set out in clause 23.2 will not apply to notice of resignation. An
employee shall give to Autism Queensland Limited 4 weeks’ notice of resignation. In the case of
teachers, this required notice period is exclusive of paid school holidays. Where this notice is not
provided and unless otherwise mutually agreed, the Employer will withhold payment of monies
owed to the employee, up to the equivalent of 4 weeks’ pay.
23.4 If an employee who is at least 18 years old does not give the period of notice required under this
clause, then Autism Queensland may deduct from wages due to the employee under this
Agreement an amount that is no more than one week’s wages for the employee.
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23.5 Payment in lieu of the notice prescribed in subclause 23.1 shall be paid to the employee at the
discretion of the employer.
23.6 Employment may be terminated during the notice period provided that the appropriate portion
of payment in lieu of notice is given.
23.7 This subclause does not affect Autism Queensland’s right to summarily dismiss without notice an
employee for incompetence, misconduct, neglect or other conduct that may amount to serious
misconduct.
23.8 Where an employer has given notice of termination to an employee, the employee must be
allowed time off without loss of pay of up to one day for the purpose of seeking other
employment.
24. REDUNDANCY
24.1 In addition to the period of notice prescribed for termination in clause 23 where the employee’s
employment is terminated in circumstances where the company no longer wishes the job the
employee is doing to be done by anyone, and this is not due to the ordinary and customary
turnover of labour, the employee shall be entitled to the following amounts of severance pay:
Period of Continuous Service Severance Pay
(Weeks)
Less than one year Nil
One year but less than two years 4
At least two years but less than three years 6
At least three years but less than four years 7
At least four years but less than five years 8
At least five years but less than six years 10
At least six years but less than seven years 11
At least seven years but less than eight years 13
At least eight years but less than nine years 14
At least nine years but less than ten years 16
At least ten years 12
24.2 Weeks’ Pay means the ordinary time rate of pay for the employees concerned. Provided that the
following amounts are excluded from the calculation of the ordinary time rate of pay: overtime,
penalty rates, disability allowances, shift allowances, special rates, fares and travelling times
allowances, bonuses and any other ancillary payments.
24.3 Where an employer has given notice of termination to an employee in circumstances of
redundancy, the employee must be allowed time off without loss of pay of up to one day each
week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of
seeking other employment.
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24.4 If an employee is allowed time off without loss of pay of more than one day under paragraph
24.3, the employee must, at the request of the employer, produce proof of attendance at an
interview.
25. EMPLOYEE LEAVING DURING NOTICE
An employee whose employment is terminated for reasons set out in clause 24 may terminate
such employment during the period of notice, and if so, shall be entitled to the same benefits and
payments under this clause had such employee remained with Autism Queensland until the
expiry of such notice. In such circumstances, the employee shall not be entitled to payment in
lieu of notice.
26. ALTERNATIVE EMPLOYMENT
Where the Employer obtains acceptable alternative employment for an employee no severance
provisions shall be paid.
27. EMPLOYEES WITH LESS THAN ONE YEAR'S SERVICE
Redundancy shall not apply to employees with less than one year's continuous service and the
general obligation on Autism Queensland should be no more than to give relevant employees an
indication of the impending redundancy at the first reasonable opportunity, and to take such
steps as may be reasonable to facilitate the employees obtaining suitable alternative
employment.
28. EMPLOYEES EXEMPTED
Redundancy shall not apply:
a. where employment is terminated as a consequence of misconduct on the part of the
employee; or
b. to employees engaged for a specific period or task(s); or
c. to casual employees.
29. EXEMPTION WHERE TRANSFER OF BUSINESS
The provisions of clause 24.1 (Redundancy) are not applicable where a business is transferred
from an employer (transferor) to another employer (transferee), in any of the following
circumstances:
a. where the employee accepts employment with the transferee which recognises the period
of continuous service which the employee had with the transferor, and any prior
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transferor, to be continuous service of the employee with the transferee; or where the
employee rejects an offer of employment with the transferee:
i. in which the terms and conditions are substantially similar and no less
favourable, considered on an overall basis, than the terms and conditions
applicable to the employee at the time of ceasing employment with the
transferor; and
ii. which recognises the period of continuous service which the employee had with
the transmitter and any prior transferor to be continuous service of the employee
with the transferee.
30. WAGE INCREASES
30.1 Wages will increase on the first full pay period after 5 November 2019 and every 12 months up to
the nominal expiry date of this Agreement.
30.2 Unless otherwise stated in this Agreement, wages will increase annually at a rate of 2.5% each
year over the life of the Agreement.
Note: On 5 November 2019 the wages of Employees under schedule F will increase by 3.5%. Wages will
then increase at a rate of 2.5% every 12 months up to the nominal expiry date of this Agreement.
30.3 The allowances noted below are current as at the date this Agreement is made.
a. On-Call Allowance
Eligible - Employees covered by Schedules A, B and E
Where an employee is required by Autism Queensland to remain at the
employee's residence or to be otherwise immediately contactable by
telephone, an on-call allowance of $25.75 shall be paid for each 24 hour
period or part thereof.
b. Meal Allowance
Eligible - Employees covered by Schedules A, B and E
A Meal Allowance of $15.94 is payable where an employee works more than
2 hours past the end of their ordinary hours in a day on approved overtime
or where they work more than 5 hours of approved overtime on a day where
that is outside their ordinary hours, provided that where a meal is provided
or 24 hours (or more) notice has been given of the overtime, a meal
allowance will not be payable.
c. Sleepover Allowance
Eligible - Employees covered by Schedules A, B and E
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Where the employer requires a boarding supervision services employee or a nursing
services employee to sleepover on the employer’s premises or at a school camp site for a
period outside that of the employee’s normal rostered hours of duty, the following
arrangements will apply:
i) the employee will be entitled to $49.53 per sleepover, which is defined as
sleeping in at night to undertake duty of care requirements and to be on call for
emergencies;
ii) where the employee is required by the employer to perform work during a
sleepover, the employee will be paid for the time worked at the rate of 150% of
the ordinary hourly rate of pay with a minimum payment being for 30 minutes;
iii) any time worked under this clause will not be taken into account when
calculating ordinary hours of work and overtime;
iv) the payments in this subclause will not extend beyond the period of the
sleepover; and
v) the employee will be provided with suitable accommodation, including
reasonably convenient bathroom facilities, at no cost to the employee.
This clause does not apply to an employee who is provided with reasonable
accommodation including living quarters, fuel and light, and available to the employee for
their exclusive use at no cost to the employee.
d. Clothing Allowance
Eligible - Employees covered by Schedules A, B and E
Where Autism Queensland requires an employee to wear a uniform or protective clothing,
which includes clothing and/or footwear, during the performance of the employee’s duties,
the employer will:
i) provide the uniform or protective clothing, which includes the maintenance and
laundering of the items; or
ii) provide a uniform or protective clothing allowance of $1.20 per day up to a
maximum of $6.00 per week and a laundry allowance of $0.30 per day up to a
maximum of $1.50 per week; or
iii) reimburse the employee for the purchase price of the uniform or protective
clothing and provide a laundry allowance of $0.30 per day up to a maximum of
$1.50 per week, if the employer does not launder the items.
e. Motor Vehicle and Travel Allowance
Eligible – All Employees
i) An employee required and authorised to use their own motor vehicle in the course
of their duties will be paid an allowance of not less than $0.78 per kilometre.
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ii) When an employee is involved in travelling on duty, if the employer cannot provide
the appropriate transport, all reasonably incurred expenses in respect to fares,
meals and accommodation will be met by the employer on production of receipted
account(s) or other evidence acceptable to the employer.
30.4 Recall to attend work
An employee recalled to work overtime after leaving the employer’s or client’s premises will be
paid for a minimum of two hours’ work at the appropriate rate for each time so recalled. If the
work required is completed in less than two hours the employee will be released from duty.
31. SALARY SACRIFICE
31.1 Notwithstanding the salary rates specified in this Agreement, where agreed between Autism
Queensland and an employee, Autism Queensland provides access to salary sacrifice
arrangements. The terms and conditions of such arrangements shall not, when viewed
objectively, be less favourable than the entitlements otherwise available under this Agreement
and shall be subject to administration at the discretion of Autism Queensland.
31.2 In the event of a change in legislation which nullifies, reduces or removes access to the benefits
of salary sacrifice, all salary sacrifice arrangements shall be terminated or modified accordingly.
The arrangement will then be subject to re-negotiation.
32. OCCUPATIONAL SUPERANNUATION
32.1 In addition to the rate of pay prescribed in the applicable Wages Schedule, employees shall be
entitled to occupational superannuation as prescribed hereunder.
32.2 The superannuation provisions for all employees covered by this agreement shall be in
accordance with Commonwealth Superannuation legislation, as amended from time to time.
Under this legislation, individual employees have the opportunity to choose their own
superannuation fund.
32.3 Where an employee has not chosen their own superannuation fund in line with clause 32.2,
employer contributions will automatically be paid to Autism Queensland’s default
superannuation fund, ‘BT Lifetime Super – Employer Plan’, provided that Autism Queensland may
alter the default fund at its discretion so long as such fund is a MYSUPER fund.
LEAVE PROVISIONS
33. ANNUAL LEAVE (OTHER THAN SCHOOL TEACHERS)
33.1 All employees (other than a casual employee) covered by this agreement shall at the end of each
year of employment be entitled to Annual Leave with pay at ordinary hours. The duration of this
Leave shall be:
a. five weeks for full-time employees performing continuous shift work;
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b. four weeks for all full and part-time employees.
33.2 Any employee who is regularly rostered to work for four hours or more over 10 or more
weekends (Saturday or Sunday) in a twelve-month period will be entitled to five weeks’ Annual
Leave.
33.3 Term-time and fixed-period employees shall at the end of each school year be entitled to pro-rata
Annual Leave.
33.4 Such Annual Leave shall be exclusive of any statutory holiday, which may occur during the period
of that Annual Leave.
33.5 The employee will be paid for their Annual Leave in accordance with their normal fortnightly pay
cycle. By agreement the Annual Leave can be paid in advance prior to taking the Annual Leave.
33.6 If the employment of an employee is terminated before the expiration of a full year of
employment, such employee shall be paid their accrued Annual Leave entitlements.
34. TAKING OF ANNUAL LEAVE (OTHER THAN SCHOOL TEACHERS)
34.1 The taking of Annual Leave is in accordance with the relevant provisions of the NES of the Fair
Work Act 2009.
34.2 Annual Leave becomes due after 12 months of continuous service and shall be taken at the time
agreed upon between Autism Queensland and the employee.
34.3 By agreement between Autism Queensland and employee, the employee may take Annual Leave
in advance before the Leave becomes due.
34.4 No employee shall accrue Annual Leave in excess of 8 weeks. An employee with excess Annual
Leave may be required to take at least one-quarter of their accrued Leave at a time directed by
Autism Queensland. Autism Queensland undertakes to negotiate such direction with the
employee prior to any decision being made in this regard.
34.5 Further to clause 34.3, should agreement not be reached, Autism Queensland reserves the right
to direct the employee to take such portion of Leave. If the employee does not agree with the
direction the dispute resolution clauses within this agreement should be invoked.
34.6 If an employee and the employer agree, Annual Leave may be taken wholly or partly in advance
before the employee has become entitled to Annual Leave subject to the following:
a. An employee who has taken in advance the whole of the Annual Leave that would be due
at the end of a year of employment, is not entitled to any further Annual Leave at the end
of that year of employment.
b. An employee who has taken in advance part of the Annual Leave that would be due at the
end of a year of employment becomes entitled at the end of that year of employment to
the part of the Annual Leave not already taken.
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35. CASHING OUT ANNUAL LEAVE
a) Paid Annual Leave must not be cashed out except in accordance with this clause.
b) An Employer and an Employee may agree to the Employee cashing out a particular
amount of the Employee’s accrued paid Annual Leave provided that the following
requirements are met:
i. each cashing out of a particular amount of accrued paid Annual Leave must be by a
separate agreement between the Employer and the Employee which must:
1) be in writing and retained as an Employee record;
2) state the amount of accrued Leave to be cashed out and the payment to be
made to the Employee;
3) state the date on which the payment is to be made, and
4) be signed by the Employer and Employee and, if the Employee is under 18
years of age, the Employees’ parent or guardian;
ii. the Employee must be paid at least the full amount that would have been payable
to the Employee had the Employee taken the leave at the time that is cashed out;
iii. paid Annual Leave must not be cashed out in the amount of more than two weeks’
accrued Annual Leave in any 12-month period; and
iv. The Agreement must not result in the employee’s remaining accrued entitlement
being less than 4 weeks.
36. ANNUAL LEAVE IN ADVANCE
a) An Employer and Employee may agree to the Employee taking a period of paid Annual
Leave in advance of the Employee accruing an entitlement to such Leave provided that the
agreement meets the following requirements:
i. it is in writing and signed by the Employee (or their guardian where the employee is
under 18) and Employer;
ii. it states the amount of Leave to be taken in advance and the date on which the
Leave is to commence; and
iii. it is retained as an Employee record.
37. ELIMINATING EXCESSIVE LEAVE ACCRUALS
a) An Employee has excessive Leave accrual if:
i. The Employee is not a shiftworker and has accrued more than eight weeks paid
Annual Leave; or
ii. The Employee is a shiftworker and has accrued more than 10 weeks paid Annual
Leave.
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b) Before an Employer can direct the Employee to take excessive Annual Leave, the
Employer and Employee must genuinely try to agree upon steps that will be taken to
reduce or eliminate the Employee’s excessive Annual Leave accrual.
c) Where an agreement cannot be reached, the Employer may give an Employee a written
direction to a period or periods of paid Annual Leave. This direction must not:
i. Result in the Employee’s remaining accrued entitlement to paid Annual Leave at
any time being less than six weeks;
ii. Require the Employee to take any period of Leave of less than one week;
iii. Require the Employee to take any period of Leave commencing less than eight
weeks after the day the direction is given to the Employee;
iv. Require the Employee to take any period of Leave commencing more than 12
months after the day the direction is given to the Employee; or
v. Be inconsistent with any leave arrangement agreed between the Employer and
Employee.
d) An Employee to whom a direction has been given under this sub clause may make a request
to take paid Annual Leave as if the direction had not been given. The Employer is not to
take the direction into account in deciding whether to agree to such a request.
38. CHRISTMAS SHUTDOWN
38.1 Christmas Shutdown arrangements are described in the Autism Queensland Christmas Shutdown
Policy.
38.2 Employees will receive paid Leave for time they would otherwise have worked during the
Christmas shutdown period between the Christmas and New Year’s Day public holidays.
39. PAID PERSONAL/CARER’S LEAVE
39.1 Employees, other than casual employees, will be entitled to 10 days of paid Personal Leave per
year of service in accordance with the NES (or an equivalent pro-rata where ordinary hours are
less than 38 hours per week).
39.2 An employee’s entitlement to paid Personal/Carer’s Leave accrues progressively during a year of
service according to the employee’s ordinary hours of work and accumulates from year to year.
39.3 All employees are entitled to use 100% of their Personal Leave for the purpose of caring for
members of the employee’s immediate family or household who are sick and require care and
support or who require care due to an unexpected emergency or childbirth.
39.4 Payment for Personal/Carer’s Leave shall be based on the hours normally worked by the
employee if the employee had worked during that period.
39.5 Immediate family means:
a. a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
employee; or
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b. a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the
employee
39.6 Associated with the birth or adoption of a child, Dads and Partners can access up to 10 days of
accrued Personal/Carer’s Leave for the purposes of caring for their partner (including for
attending ante-natal appointments), newborn child and/or other children.
39.7 Access to Personal/Carer’s Leave as outlined in clause 39.6 may be taken as a top up to or
consecutive to the government-paid Dads and Partners Leave scheme.
39.8 An employee who has insufficient Personal Leave available may request additional Personal
Leave. Up to 2 additional paid days per year may be approved at the manager’s discretion.
40. DOMESTIC VIOLENCE LEAVE
40.1 This clause is intended to supplement the entitlement to Family and Domestic Violence Leave
under the NES.
40.2 Full-time employees will have access to a maximum of five days per year non-cumulative of paid
special Domestic Violence Leave in order to address related matters including, but not limited to:
a. attending medical and/or counselling appointments;
b. sourcing alternative accommodation;
c. accessing legal advice;
d. attending legal proceedings;
e. organising alternative care for members of their immediate family or household;
f. organising alternative education arrangements for their children;
g. rebuilding support networks;
h. trauma recovery; and
i. other issues related to the personal crisis.
40.3 Part-time employees may access paid Domestic Violence Leave on a pro-rata basis, with a
minimum entitlement of 2 days paid Domestic Violence Leave.
40.4 Employees will be required to submit supporting evidence in accordance with the relevant Autism
Queensland policy.
40.5 Additionally, Employees may utilise their existing Personal Leave entitlement up to 10 additional
days per annum. This may be taken as consecutive or single days or as a fraction of a day and all
reasonable requests will be approved. An Employee, if eligible, may also access Long Service
Leave for the purposes of this provision.
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40.6 Employees can also access existing Leave entitlements (including but not limited to
abovementioned entitlements).
40.7 It is not mandatory for the Employee to have exhausted other forms of paid Leave prior to
accessing Domestic Violence Leave, whether paid or unpaid.
40.8 An Employee who supports a person experiencing domestic violence may use their existing
Carer’s Leave to accompany the person on activities related to that personal crisis, or to mind the
children of the person to enable them to undertake activities related to such significant matter.
40.9 This sub clause applies only where an Employee supports a person who is a member of their
immediate family or household.
40.10 Confidentiality
a. Employers must take steps to ensure information concerning any notice an employee has
given, or evidence an employee has provided under clause 32.6 is treated confidentially, as
far as it is reasonably practicable to do so.
b. Nothing in clause 32 prevents an employer from disclosing information provided by an
employee if the disclosure is required by an Australian law or is necessary to protect the
life, health or safety of the employee or another person.
40.11 The time an employee is on unpaid leave to deal with family and domestic violence does not
count as service but does not break the employee’s continuity of service.
41. UNPAID CARER’S LEAVE
41.1 All employees are entitled to two days unpaid Carer’s Leave on each occasion that a member of
the employee’s immediate family or household requires care and support due to being ill, injured
or affected by an unexplained emergency, in accordance with the NES.
42. NOTICE AND EVIDENCE: PERSONAL/CARER’S AND DOMESTIC VIOLENCE LEAVE
42.1 Employees are required to give notice of absence from work due to illness or injury. The notice
must be given as soon as reasonably practicable unless the circumstances are beyond the
employee’s control.
42.2 Employees will be required to provide a medical certificate or a Statutory Declaration for any
period of absence in excess of two days or if requested by their Manager.
42.3 If requested by Autism Queensland, for any period of Carer’s Leave the employee must provide
documentary evidence such as a medical certificate or a statutory declaration in relation to the
person being cared for.
43. UNPAID PARENTAL LEAVE
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Access to unpaid Parental Leave is in accordance with the NES contained within the Fair Work Act
2009. Autism Queensland will provide employees with a summary of the key provisions of the
relevant legislation as required.
44. PAID PARENTAL LEAVE
44.1 Autism Queensland provided paid Parental Leave under this Agreement will be available to all
employees who have completed a minimum of one year continuous service immediately
preceding the time of confinement or birth or day of placement in relation to adoption as defined
in the National Employment Standards, either as a full-time and/or part-time employee.
44.2 All eligible employees under clause 44.1, will be eligible for payments equalling 8 weeks’ wages at
the employee’s ordinary hours and base rate of pay immediately prior to the employee taking
Parental Leave or if appointed to an acting position, at the employee’s substantive position.
44.3 For no reason will the Employer be required to make payments totalling more than the amount
prescribed in clause 44.2 for the purposes of paid Parental Leave under this Agreement.
44.4 The employee may elect to have the payments made by the Employer through one of the
following methods:
a. The employee will be paid their ordinary wage as usual, in accordance with their regular
pay period and pay day, for eight weeks immediately following the commencement of their
Parental Leave period – which, for the purposes of application of this clause, may be prior
to but no later than the date of birth of their child or prior to but not later than the day of
placement of an adoption as defined in the National Employment Standards. The
employee will be offered three options as to how this paid Parental Leave payment can be
made:
i. 8 weeks’ pay in a lump sum on commencement of paid Parental Leave;
ii. 8 weeks’ pay at normal fortnightly rate – i.e. 3 payments over 6 weeks; or
iii. 8 weeks’ pay at half rate – i.e. 6 payments over 12 weeks.
b. Upon notification by the relevant government authority, the Employer will top up the
employee’s government paid Parental Leave entitlement to the employee’s ordinary wage.
The Employer will cease topping up the employee’s entitlement once the Employer has
paid the employee an amount equalling that prescribed in clause 44.2.
c. Any eligible amount not paid to the employee following the final government entitlement
payment (through whatever reason the entitlement ceases) will be paid to the employee at
the end of the next regular pay period.
44.5 An employee’s ability to choose the method of payment prescribed in clause 44.4(a) will be
dependent on the terms of the government’s paid Parental Leave scheme and any variations and
amendments to the scheme made during the life of this Agreement. Where after the first twenty
weeks, a pregnancy terminates on other than the birth of a living child, or where the child dies
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during the period of paid Parental Leave, the employee shall continue to be entitled to six weeks
paid Parental Leave.
44.6 Paid Parental Leave for School Teachers entitled to paid school holidays as set out in Schedule D
is inclusive of any overlapping period of paid school holiday. However, where paid Parental Leave
overlaps school vacations, the employee will receive a minimum entitlement to four weeks paid
Parental Leave in excess of the paid school holiday period.
44.7 Where a shiftworker takes Parental Leave in accordance with this clause, they will be paid at their
ordinary hourly rate (exclusive of shift penalties) for the hours they would have otherwise worked
under the agreement (exclusive of unscheduled overtime).
45. DADS AND PARTNERS LEAVE
Associated with the birth or adoption of a child, Dads and Partners can access 5 paid days of
Leave (in addition to up to 10 days of accrued Personal/Carer’s Leave at clause 39) for the
purpose of caring for their partner (including for attending ante-natal appointments), newborn
child and/or other children.
46. COMPASSIONATE LEAVE
46.1 Access to Compassionate Leave is in accordance with the NES contained within the Fair Work Act
2009. On request, Autism Queensland will provide an employee with a summary of the key
provisions of the relevant legislation.
46.2 The employee must provide evidence of the illness, injury or death that gives rise to the
entitlement of Compassionate Leave.
47. STATUTORY HOLIDAYS
47.1 The following days are public holidays for the purposes of this section:
a. New Year’s Day;
b. Australia Day;
c. Good Friday;
d. Easter Saturday;
e. Easter Monday;
f. Anzac Day;
g. Labour Day;
h. Queen’s Birthday;
i. Christmas Day;
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j. Boxing Day; and
k. Any other day declared or prescribed under a state law to be observed as a public holiday
in the area an employee is working.
47.2 Where a public holiday falls on a day upon which an employee, other than a casual employee, is
normally employed, that employee shall be paid the appropriate rate for the number of hours
normally worked on that day.
47.3 Subject to clause 47.4, an employee who works on a holiday as defined in clause 47.1 shall be
paid at the public holiday rate of double time and one half of the appropriate hourly rate of pay,
for a minimum of four hours.
47.4 The Employer with the agreement of an individual employee may substitute another day for any
prescribed day in this clause. Provided that where an employee is subsequently required to work
on such substituted day, the employee shall be paid the rate applicable for the holiday that has
been substituted.
47.5 Full-time and part-time employees who are entitled to paid school holidays or who are term-time
employees and are:
a. stood down by Autism Queensland from December to January in the following year; and
b. engaged at least for a continuous period of two weeks or more prior to December; and
c. re-employed by Autism Queensland in the succeeding year;
will be entitled to be paid for any one or more of the following Christmas period public holidays
(Christmas Day, Boxing Day or New Year’s Day) which fall on the employee’s normal rostered
work-day.
47.6 Should any of the holidays mentioned in clause 47.1 fall on a full-time shift-work employee’s
rostered day off, the employee shall receive either:
a. a day off in lieu, or (where at the Employer’s discretion, this is not operationally possible);
b. an additional 7.6 hours, at ordinary rates of pay.
For the avoidance of doubt, this clause is not intended to apply to public holidays that fall on a
weekend for employees who work their ordinary hours Monday to Friday.
47.7 Where a public holiday falls on a day where a term-time employee would normally be expected
to work, that employee shall be paid for the hours normally rostered to work for that day,
including where the public holiday falls immediately following the last day of term (e.g. Good
Friday) or immediately preceding the first day of term (e.g. Easter Monday).
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48. ARBITRATION LEAVE
Leave on full pay not chargeable to any Leave account shall be provided to an employee for any
period of absence required for arbitration and other industrial relations proceedings relevant to
the employee’s employment with Autism Queensland, whilst they are an employee.
49. STATE EMERGENCY SERVICE LEAVE
Leave as above shall be provided for all necessary callouts in the local area for employees who
are members of the State Emergency Service upon production of supporting evidence to the
satisfaction of Autism Queensland.
50. EMERGENCY / NATURAL DISASTER LEAVE
Employees may be entitled to up to 2 days paid Emergency or Natural Disaster Leave where a
community wide emergency or natural disaster prevents them from attending work. Such Leave
will be granted subject to the sole discretion of Autism Queensland.
51. JURY SERVICE
51.1 Full-time or part-time employees who are required to attend for jury service during their ordinary
working hours shall be reimbursed by Autism Queensland an amount equal to the difference
between the amount paid in respect of their attendance for such jury service and the amount of
wages they would have received in respect of the ordinary time they would have worked had
they not been on jury service.
51.2 Employees shall notify their Employer as soon as possible of the date/s on which they are
required to attend for jury service. Further, employees shall give Autism Queensland
documentary proof of their attendance, the duration of such attendance and the amount
remunerated in respect of such jury service.
51.3 Nothing in this clause shall prevent Autism Queensland from writing to a suitable officer of the
court asking that the employee be excused from jury duty due to work commitments.
52. LONG SERVICE LEAVE
52.1 The employee’s entitlements to Long Service Leave will be in accordance with the NES as well as
any additional entitlement under the Industrial Relations Act 1999 (Queensland).
52.2 Long Service Leave is subject to any amending legislation in line with the further development of
a uniform national Long Service Leave standard by the Fair Work Commission.
52.3 Long Service Leave entitlement accrues at a rate of 1.3 weeks for each year of continuous service.
52.4 The employee will be entitled to take their pro rata Long Service Leave entitlement at full pay
after seven years’ continuous service.
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52.5 After the employee has completed their first seven years’ continuous service, they are entitled to
take any further Long Service Leave accumulated only after another five years’ continuous service
(i.e. after 12 years’ continuous service).
52.6 Long Service Leave entitlements accumulated for such periods, but which have not been taken
are payable on termination.
52.7 The minimum period of Long Service Leave that can be approved on any one occasion is two
weeks, except where an employee is granted Long Service Leave in lieu of a period of Personal
Leave.
52.8 Long Service Leave shall be exclusive of any public holidays that fall during the Leave period. An
employee shall receive payment of their usual rostered hours at the ordinary hourly rate for
those public holidays that occur during the Leave period.
52.9 Long Service Leave shall accrue on a pro-rata basis for employees who access this provision.
52.10 A Professional employee’s application for Long Service Leave must be lodged with the Principal /
Manager at least six (6) months prior to commencement of the Leave period requested.
52.11 The time and manner of taking Long Service Leave should be agreed between the Employer and
the employee. Where agreement cannot be reached the Employer can, with at least three
months’ written notice, require an employee to take at least 4 weeks’ Long Service Leave.
52.12 All other conditions of the Long Service Leave provisions contained in the Industrial Relations Act
1999 (Queensland) shall continue to apply.
52.13 If an employee’s service is terminated by either party before the employee has completed 10
years’ continuous service, the employee is entitled to a proportionate payment after 7 years’
continuous service if the employment ceases for any reason other than serious misconduct.
52.14 Subject to approval by Autism Queensland, an employee may apply to cash out pro-rata long
service leave entitlements after 7 years of service. In making a decision to approve the request,
Autism Queensland will have regard to such matters including, but not limited to any financial
difficulties, relevant/current disciplinary action and/or the frequency of requests from the
employee. Autism Queensland encourages employees considering cashing out of their Long
Service Leave in accordance with this clause, to seek independent financial advice.
53. TIME OFF IN LIEU OF OVERTIME (TOIL)
The terms and conditions relating to TOIL are as documented in the Autism Queensland TOIL
Policy which is accessible on the intranet (provided that such policy does not form part of this
Agreement).
54. UNION RECOGITION
54.1 Autism Queensland recognises the role of the unions in representing the interest of their
members, the right of Employees to join a relevant union and the rights of the union officials.
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54.2 Autism Queensland shall, upon receiving advice that a member has been appointed to act as a
union representative, recognise such person as accredited by the union for as long as that person
remains so appointed.
54.3 Union representatives will be allowed reasonable access to facilities such as telephones, facsimile
machines, photocopier, email, computers etc. needed to perform their functions as may be
agreed between Autism Queensland and the union representative.
55. TRADE UNION TRAINING LEAVE
55.1 Upon written application by an employee to Autism Queensland, such application being endorsed
by the Union and giving to Autism Queensland at least one month’s notice, the employee shall be
granted up to three working days unpaid leave to attend courses and seminars conducted by the
Union.
55.2 An employee seeking to access this leave may take Annual Leave as a substitute to unpaid leave.
55.3 The granting of such unpaid leave shall be subject to the following conditions:
a. The employee must have at least two years’ service with Autism Queensland;
b. This provision shall not apply to the any area of Autism Queensland if it has less than
ten full-time employees eligible for membership in the Union hosting the training;
c. The area of Autism Queensland will release the following maximum number of staff to
attend a course or seminar at the same time:
i. where the area employs between 10 and 30 employees – 1;
ii. where the area employs more than 30 employees – 2.
55.4 The granting of such unpaid leave shall be subject to the reasonable convenience of Autism
Queensland so that the operation of the area will not be unduly affected but will not be
unreasonably refused.
55.5 No employee shall be granted leave exceeding the duration of the course or seminar to be
attended.
55.6 The scope, content and level of the course or seminar shall be such as to contribute to a better
understanding of industrial relations within Autism Queensland’s operations.
55.7 In granting such training leave, Autism Queensland is not responsible for any additional costs
except the payment of extra remuneration where relieving arrangements are instituted to cover
the absence of the employee if necessary.
56. PAYMENT OF UNION MEMBERSHIP FEES
If an employee makes a written request to Autism Queensland for the union fees to be deducted
from the employee’s pay, Autism Queensland will make arrangements to deduct the union fees
from employee’s pay.
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57. UNION DELEGATES
57.1 Union delegates and job representatives have a role to play within a workplace. The existence of
accredited union delegates and/or job representatives are encouraged.
57.2 Autism Queensland shall not unnecessarily hinder accredited union delegates and/or job
representatives in the reasonable and responsible performance of their duties.
58. FAMILY RESPONSIBILITIES
58.1 Subject to mutual agreement between Autism Queensland and an employee, an employee may
work an extra hour per week and accumulate the extra time so worked (up to 38 hours) so that
an extra week may be taken off work during school holidays. Such mutual agreement is subject
to:
a. there being no extra costs to the employee;
b. there is no inconvenience in the workplace or to clients because of this extra time off; and
c. a detailed written record of the agreement reached.
59. REIMBURSEMENT AND TRAVEL ALLOWANCE
59.1 Where an employee is required to perform any duty at a place other than their normal place/s of
employment, the following conditions shall apply:
a. all reasonable expenses incurred by an employee shall be reimbursed by Autism
Queensland upon the production of relevant receipts or other proof;
b. travel insurance;
c. where an employee travels by air, Autism Queensland shall pay the cost of insurance for
the employee's baggage;
d. provided that in this case the provisions of sub-clause 59.1(c) of this Agreement shall not
apply to any claim arising from the carriage by air of such baggage.
60. EXCURSION
The parties agree that where an employee is required to accompany a client on an excursion,
which is longer than 24 hours, the following arrangements shall apply:
a. Any arrangement is on a voluntary basis;
b. No employees shall be required to participate in an excursion unless by agreement with the
employee;
c. By mutual agreement between the voluntary employee and Employer and/or client, a flat
rate shall be calculated at ten hours at the employee’s standard rate plus the sleepover
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allowance; or time off in lieu shall be allowed based on accruing a maximum of 12 hours
TOIL per 24 hours, which shall be in lieu of all other Agreement entitlements;
d. All reasonable expenses shall be reimbursed, subject to satisfactory proof, either by the
client or by the Employer;
e. The employee shall be given an alternative day off for any public holiday which falls on a
day an employee is on an excursion; and
f. Any ordinary hours worked during an excursion shall count towards the employee's
ordinary hours of work for that period.
61. BREAK BETWEEN SHIFTS
61.1 An employee who works so much Overtime between the termination of ordinary work on one
day and the commencement of work on the next day, that the employee has not had at least ten
consecutive hours off duty between those times shall, subject to this subclause, be released after
completion of such Overtime until the employee has had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
61.2 If on the instructions of the Employer such employee resumes or continues work without having
had such ten consecutive hours off duty, the employee shall be paid double rates until released
from duty for such period and the employee shall be entitled to be absent until receiving ten
consecutive hours off duty without loss of pay for ordinary working time occurring during such
absence.
61.3 The provisions of this subclause shall apply in the case of shift workers who rotate from one shift
to another as if eight hours were substituted for ten hours when overtime is worked:
a. for the purpose of changing shift rosters; or
b. where a shift worker does not report for duty; or
c. where a shift is worked by arrangement between the employees themselves or between
an employee and the Employer.
61.4 This provision does not have application to an employee undertaking a sleepover.
62. WORKPLACE HEALTH AND SAFETY
62.1 The parties to this Agreement recognise their obligations under the Work Health and Safety Act
2011, the Work Health and Safety Regulation 2011 and the Workers’ Compensation and
Rehabilitation Act 2003 and agree to honour these obligations in a positive manner.
62.2 The Employer shall ensure that sufficient employees are deployed at all times to minimise the risk
of personal injury in the course of employees' interaction with clients.
63. CIVIL LIABILITY
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Autism Queensland accepts legal liability for any civil action incurred against an employee arising
from a work-related incident, provided that neither criminal action nor wilful negligence is
involved on the part of the employee.
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SCHEDULE A – ADMINISTRATION
64. APPLICABLE MODERN AWARD
Autism Queensland shall classify Administration Officers and Assistants in accordance with the
classification levels and descriptions within the Educational Services (Schools) General Staff
Award 2010.
65. SALARY PROGRESSION
65.1 Progression from one level to the next shall be by way of appointment by the Employer based on
the employee’s duties according to the position description.
65.2 An employee shall not move from one paypoint to the next paypoint within the classification
level until:
a. In the case of a full-time employee such employee has received such salary/wage for a
period of 1976 hours (equivalent of 1 year full-time) at that lower paypoint;
b. In the case of a part-time and casual employee, such employee has received such
salary/wage for a period of 12 months and has worked for the equivalent of 800 hours;
c. Notwithstanding anything contained in paragraphs a. and b. above, no employee shall be
entitled to receive salary payment/wage level movements by virtue of this Agreement if
after undergoing a formal counselling process in accordance with the Autism Queensland
Employee Disciplinary Policy, it was deemed that their performance was not satisfactory.
66. SPAN OF HOURS
Ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00 am
and 6.00 pm on Monday to Friday inclusive.
67. OVERTIME
All pre-approved time worked outside the normal starting and finishing times and in excess of 8
hours per day or 10 by agreement, shall be paid for at the rate of time and one-half for the first
three hours on any one day and double time thereafter.
68. WEEKEND PENALTIES
Where an employee is required to work on weekends or public holidays, they will receive the
following loadings:
Day Loading
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Saturday 150% for the first 3 hours and
200% thereafter.
Sunday 200% for all hours
Public Holidays 250% for all hours
69. BROKEN SHIFT ALLOWANCE
69.1 An employee may be rostered to work ordinary hours in a broken shift, that is a rostered shift in
two periods of duty, exclusive of breaks, per day, with a minimum payment (other than for a
casual) of two hours for each period of duty.
69.2 An employee, other than a casual, required to work a broken shift will be paid at the ordinary
time rate plus a penalty of 15% of the ordinary time rate.
70. SHIFT PENALTIES
70.1 An employee required to undertake shiftwork will be entitled to penalties as follows:
Shift Type Definition Loading
Afternoon Shift A shift which is not a day
shift and which finishes
after 6:00pm and at or
before midnight.
15%
Night Shift A shift which finishes after
midnight and at or before
6:00 am.
15%
Permanent night shift Night shifts that occur for a
longer period than four
consecutive weeks; or
Night shift which does not
rotate or alternate with
another shift or with day
work so as to give the
employee at least one
third of their working time
off night shift.
30%
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70.2 The ordinary hours for shiftwork must be worked continuously each shift (except for broken shifts
and breaks) and must not exceed 10 hour (inclusive of meal breaks).
71. REST PAUSES
71.1 Full-time employees shall receive a paid rest pause of ten minutes’ duration to be taken in the
first and second half of each day worked.
71.2 Employees other than full-time who work a minimum of four consecutive ordinary hours on any
one day shall receive a rest pause of ten minutes’ duration.
71.3 Employees who work in excess of six consecutive ordinary hours (excluding the meal break) on
any one day shall receive a rest pause of ten minutes’ duration in the first half and the second
half of the period worked.
71.4 Such rest pauses shall be taken at such times as will not interfere with continuity of work where
continuity is necessary.
71.5 By agreement between the Employer and majority of employees concerned, the rest pauses may
be combined into one break of twenty (20) minutes.
72. MEAL BREAK
An employee shall be entitled to an unpaid meal break of not less than half an hour and not more
than one hour per working day where an employee works for more than five hours.
73. PUPIL FREE DAY
If a pupil free day falls on a day that would normally be worked, employees will perform their
normal duties or other duties as directed.
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SCHEDULE B – BUS AND MAINTENANCE
74. APPLICABLE MODERN AWARDS
Autism Queensland shall classify Bus Drivers and Bus Aides, Maintenance and Cleaner employees
in accordance with the classification levels and descriptions within the Educational Services
(Schools) General Staff Award 2010.
75. SPAN OF HOURS
Ordinary hours of work shall be worked continuously (except for meal breaks) between 7:00 am
and 6:00 pm on Mondays to Friday inclusive.
76. OVERTIME
76.1 Overtime shall only be worked with the prior approval of the Employer.
Entitlement to Payment for Overtime
76.2 A full-time employee shall be entitled to Overtime where the employee works more than 76
hours in any 14 day period or where the employee works more than ten hours, or by agreement
12 hours, in any one day or where the employee works outside of the spread of ordinary hours on
weekends.
76.3 A part-time employee shall be entitled to Overtime where they work in excess of their prescribed
hours of duty provided that Overtime shall not be paid where the Employer and employee have
agreed to a temporary variation of working hours in which case Overtime shall apply for work in
excess of the mutually agreed varied working hours. A part-time employee shall be entitled to
Overtime if they work in excess of 76 hours in any one fortnight or greater than ten hours in any
one day.
76.4 A casual employee shall be entitled to Overtime where they work more than 76 hours in any
fortnight or where the employee works more than ten hours in any day.
76.5 All time worked in excess of the ordinary working hours or outside of the spread of hours shall be
deemed to be Overtime and, shall be paid for at the rate of time and a half for the first three
hours on any one day and double time thereafter.
76.6 Double time shall be paid for all hours worked outside of the ordinary working hours or outside of
the spread of hours on a Sunday. Such payments shall be in addition to the actual or ordinary
weekly salary paid to each employee.
76.7 For the purpose of this clause, work in excess of the ordinary working hours shall be deemed to
be work in excess of the maximum daily hours in clause 76.2 of this Schedule or a maximum of 76
hours in each fortnightly period.
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77. WEEKEND PENALTIES
Where an employee is required to work on weekends or public holidays, they will receive the
following loadings:
Day Loading
Saturday 150% for the first 3 hours and
200% thereafter.
Sunday 200% for all hours
Public Holidays 250% for all hours
78. REST PAUSES AND MEAL BREAK
78.1 Full-time employees shall receive a paid rest pause of ten minutes’ duration to be taken in the
first and second half or each day worked.
78.2 Employees other than full-time who work a minimum of four consecutive ordinary hours on any
one day shall receive a rest pause of ten minutes’ duration. Employees who work in excess of six
consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause
of ten minutes’ duration in the first half and the second half of the period worked.
78.3 Such rest pauses shall be taken at such times as will not interfere with continuity of work where
continuity is necessary.
78.4 Notwithstanding the foregoing, where the Employer and the employees agree the rest pauses
may be combined.
78.5 An employee shall be entitled to an unpaid meal break of not less than half an hour and not more
than one hour per working day where an employee works for more than 5 hours.
79. BROKEN SHIFT ALLOWANCE
79.1 An employee may be rostered to work ordinary hours in a broken shift, that is a rostered shift in
two periods of duty, exclusive of breaks, per day, with a minimum payment (other than for a
casual) of two hours for each period of duty.
79.2 An employee, other than a casual, required to work a broken shift will be paid at the ordinary
time rate plus a penalty of 15% of the ordinary time rate.
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80. SHIFT PENALTIES
80.1 An employee required to undertake shiftwork will be entitled to penalties as follows:
Shift Type Definition Loading
Afternoon Shift A shift which is not a day
shift and which finishes
after 6:00pm and at or
before midnight.
15%
Night Shift A shift which finishes after
midnight and at or before
6:00 am.
15%
Permanent Night Shift Night shifts that occur for a
longer period than four
consecutive weeks; or
Night shift which does not
rotate or alternate with
another shift or with day
work so as to give the
employee at least one
third of their working time
off night shift.
30%
80.2 The ordinary hours for shiftwork must be worked continuously each shift (except for broken shifts
and breaks) and must not exceed 10 hours (inclusive of meal breaks).
81. OUTSIDE WORK ALLOWANCE
A Cleaner working outside a building will be paid 4c per hour extra while so employed.
82. TOILET CLEANING
82.1 Employees required to clean toilets connected with septic tanks or sewerage are to be paid an
allowance of $7.11 per week in addition to their ordinary wage rates.
82.2 Employees required to clean earth closets or urinals, other than merely by hosing them, are to be
paid 35c per closet per service or 35c for each 3 (or fraction of 3), in addition to their ordinary
wage rates. Neither of these payments will apply where the allowance in clause 82.1 of this
Schedule applies.
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83. WINDOW CLEANING
83.1 Any employee who is required to clean windows when it is necessary to go wholly outside the
window or climb around an outside column to do such cleaning will, if such cleaning or climbing is
at a height of more than 3 metres from the ground or veranda, be paid 35c extra for each such
window unless the outside window or column ledge is more than 50 centimetres wide.
83.2 Clause 83.1 of this Schedule does not apply to cleaning from a ladder resting on the ground.
83.3 Where cleaning is done from a ladder, and any portion of the window to be cleaned exceeds in
height 7.5 meters from the ground, the employee is to be paid 35c per window extra for each
window so cleaned.
83.4 Clauses 83.1 and 83.3 of this Schedule do not apply when an efficient safety device is provided.
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SCHEDULE C – COMMUNITY SERVICES
84. APPLICABLE MODERN AWARD
Autism Queensland shall classify Disability Services employees in accordance with the
classification levels and descriptions within the Social, Community, Home Care and Disability
Services Industry Award 2010.
85. SALARY PROGRESSION
85.1 Progression from one level to the next shall be by way of appointment by the Employer based on
the employee’s duties according to the position description.
85.2 An employee shall not move from one paypoint to the next paypoint within the classification
level until:
a. In the case of a full-time employee such employee has received such salary/wage for a
period of 1976 hours (equivalent of 1 year full-time);
b. In the case of a part-time and casual employee, such employee has received such
salary/wage for a period of 12 months and has worked for the equivalent of 800 hours;
c. Notwithstanding anything contained in paragraphs (a) and (b) above, no employee shall be
entitled to receive salary payment/wage level movements by virtue of this Agreement if
after undergoing a formal counselling process in accordance with the Autism Queensland
Employee Disciplinary Policy, it was deemed that their performance was not satisfactory.
86. SPAN OF HOURS
The ordinary span of hours is 6:00am to 8:00pm Monday to Sunday.
87. REST BREAKS BETWEEN ROSTERED WORK AND OVERTIME
Rostered work
87.1 An employee will be allowed a break of not less than 10 hours between the end of one shift or
period of work and the start of another;
87.2 Notwithstanding the provisions of subclause (a), by agreement between the employee and the
employer, the break between:
a. the end of a shift and the commencement of a shift that includes a sleepover; or
b. a shift commencing after the end of a shift that includes a sleepover
may not be less than eight hours.
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Overtime
87.3 An employee, other than a casual, who works so much overtime between the termination of their
ordinary work on any day or shift and the commencement of their ordinary work on the next day
or shift that they have not had at least 10 consecutive hours off duty between those times, will be
released after completion of such overtime until they have had 10 consecutive hours off duty
without loss of pay for rostered ordinary hours occurring during such absence.
87.4 If, on the instructions of the employer, such an employee resumes or continues work without
having had 10 consecutive hours off duty, they will be paid at the rate of double time until they
are released from duty for such rest period and they will then be entitled to be absent until they
have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring
during such absence.
88. WEEKEND AND PUBLIC HOLIDAY PENALTY PAYMENTS
88.1 Any arrangements of hours, which include Saturday or Sunday as ordinary hours, shall be subject
to an agreement between the Employer and the employee directly affected.
88.2 Ordinary hours worked between midnight on Friday and midnight on Saturday will be paid at the
rate of time and a half.
88.3 Ordinary hours worked between midnight on Saturday and midnight on Sunday will be paid at the
rate of double time.
88.4 These extra rates will be in substitution for and not cumulative upon the shift premiums
prescribed and the casual loading, and are not applicable to overtime hours worked on a
Saturday or a Sunday.
88.5 All authorised overtime on a Saturday will be paid at the rate of time and a half for the first 2
hours and double time thereafter.
88.6 All authorised overtime on a Sunday will be paid at the rate of double time.
88.7 An employee required to work on a public holiday will be paid double time and a half of their
ordinary rate of pay for all time worked.
89. LATE WORK ALLOWANCE
89.1 An employee who is required to work outside the ordinary span of hours shall be paid a loading
of 20% on their base hourly rate of pay for work performed between 8pm and midnight Monday
to Friday inclusive.
89.2 The Late Work Allowance set out in clause 89.1 shall not be paid on Saturday or Sunday where
weekend penalty payments shall apply.
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90. SLEEPOVER
Employees who are required to sleepover shall be paid a Sleepover Allowance for the period
10.00pm – 6.15am, unless required to remain awake during the Sleepover period, in which case
the Awake Allowance shall be paid. The Sleepover Allowance shall be $71.40 per sleepover for
the life of this Agreement.
91. AWAKE ALLOWANCE
91.1 When an employee is required to remain awake for any period between the hours of 10.00pm
and 6.15am, the employee shall be paid a loading of 35% on their applicable hourly rate of pay.
91.2 When the Awake Allowance is paid, the Sleepover Allowance shall not apply.
91.3 When the Awake Allowance is paid, the Late Work Allowance shall not be paid for the same
period – i.e. between 10.00pm and 6.15am.
92. ON CALL PAYMENT
92.1 An employee required by the employer to be on call (i.e. available for recall to duty) will be paid
an allowance of $19.78 in respect of any 24-hour period or part thereof during the period from
the time of finishing ordinary duty on Monday to the time of finishing ordinary duty on Friday.
92.2 The allowance will be $39.16 on Saturday, Sunday or any public holiday or part thereof.
93. CLOTHING AND EQUIPMENT
93.1 Employees required by the employer to wear uniforms will be supplied with an adequate
number of uniforms appropriate to the occupation free of cost to employees. Such items are to
remain the property of the employer and be laundered and maintained by the employer free of
cost to the employee.
93.2 Instead of the provision of such uniforms, the employer may, by agreement with the employee,
pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or
$6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not
laundered by or at the expense of the employer, the employee will be paid a laundry allowance of
$0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.
93.3 The uniform allowance, but not the laundry allowance, will be paid during all absences on paid
leave, except absences on long service leave and absence on personal/carer's leave beyond 21
days. Where, prior to the taking of leave, an employee was paid a uniform allowance other than
at the weekly rate, the rate to be paid during absence on leave will be the average of the
allowance paid during the four weeks immediately preceding the taking of leave.
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93.4 Where an employer requires an employee to wear rubber gloves, special clothing or where safety
equipment is required for the work performed by an employee, the employer must reimburse the
employee for the cost of purchasing such special clothing or safety equipment, except where such
clothing or equipment is provided by the employer.
94. TELEPHONE ALLOWANCE
Where the employer requires an employee to install and/or maintain a landline telephone for the
purpose of being on call, the employer will refund the installation costs and the subsequent rental
charges on production of receipted accounts.
95. CASUAL
The casual loading shall not be compounded by penalties (per clauses: 47.2, 47.3 – statutory
holiday; 88 – weekend; 89 - Late Work Allowance and 99 – Overtime) contained within this
Agreement. Instead only the higher of the relevant penalty or loading shall apply.
96. MEAL BREAK
96.1 All employees who are required to work for more than five continuous ordinary hours shall be
entitled to a meal break of not less than thirty minutes.
96.2 Such meal breaks shall be taken at such times as will not interfere with the continuity of work
where continuity is necessary.
96.3 Where an employee is required by the Employer to remain on duty, even if having a meal with a
client or clients as part of the normal work routine or client program, they shall be paid for the
duration of the meal period at the ordinary rate of pay.
96.4 Where an employee is required to work in excess of 14 hours on any day, the employee shall be
entitled to a paid half an hour meal break.
97. MEAL ALLOWANCE
97.1 An employee will be paid a meal allowance of $13.29 in addition to any overtime payment as
follows:
a. when required to work after the usual finishing hour of work beyond one hour or, in the
case of shiftworkers, when the overtime work on any shift exceeds one hour.
b. Provided that where such overtime work exceeds four hours a further meal allowance of
$13.29 will be paid.
97.2 Clause 97.1 will not apply when an employee could reasonably return home for a meal within the
meal break.
98. REST PAUSES
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98.1 All employees covered by this Agreement who work a minimum of four consecutive ordinary
hours shall be entitled to a rest pause of ten minutes duration in the Employer’s time.
98.2 Employees covered by this Agreement who work a minimum of 7.5 consecutive ordinary hours on
any one day shall be entitled to a rest pause of ten minutes duration in the first and second half
of the day.
98.3 Such rest pauses shall be taken at such time as will not interfere with the continuity of work
where continuity is necessary.
98.4 By agreement between the Employer and majority of employees concerned, the rest pauses may
be combined into one break of twenty (20) minutes.
99. OVERTIME
99.1 Overtime shall only be worked with the prior approval of the Employer.
99.2 An employee recalled to work overtime after leaving the employer’s or client’s premises and who
is required to work for more than four hours will be allowed 20 minutes for the partaking of a
meal and a further 20 minutes after each subsequent four hours’ overtime; all such time will be
counted as time worked.
99.3 All time worked by part-time or casual employees which exceeds 10 hours per day, will be paid at
the rate of time and a half for the first two hours and double time thereafter, except on Sundays
when overtime will be paid for at the rate of double time, and on public holidays at the rate of
double time and a half.
100. ENTITLEMENT TO PAYMENT FOR OVERTIME
100.1 A full-time employee shall be entitled to Overtime where the employee works more than 76
hours in any 14-day period or where the employee works more than ten hours, or by agreement
12 hours, in any one day or where the employee works outside of the spread of ordinary hours.
100.2 A part-time employee shall be entitled to Overtime where they work in excess of their prescribed
hours of duty provided that Overtime shall not be paid where the Employer and employee have
agreed to a temporary variation of working hours in which case Overtime shall apply for work in
excess of the mutually agreed varied working hours. A part-time employee shall be entitled to
Overtime if they work in excess of 76 hours in any one fortnight or greater than 10 hours, or by
agreement, 12 hours in any one day.
100.3 A casual employee shall be entitled to Overtime where they work outside of the ordinary spread
of hours specified in this Schedule and/or where the employee works more than 76 hours in any
fortnight or where the employee works more than 10 hours in any day. Overtime rates will be
paid in substitution for shift loadings and casual loadings.
100.4 All time worked as above shall be deemed to be Overtime and, shall be paid at the rate of time
and a-half for the first three hours on any one day and double time thereafter.
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100.5 Double time shall be paid for all time performed outside of the ordinary working hours or outside
of the spread of hours on a Sunday.
100.6 For the purpose of this clause, work in excess of the ordinary working hours shall be deemed to
be work in excess of the maximum daily hours in this Schedule or a maximum of 76 hours in each
fortnightly period.
100.7 Overtime rates payable under this clause will be in substitution for and not cumulative upon:
a. The weekend penalties prescribed in this schedule;
b. The shift premiums prescribed in this schedule; and
c. The casual loading.
101. REMUNERATION FOR ANNUAL LEAVE
101.1 For the period of any Leave taken an employee will be remunerated at the same rate of pay,
inclusive of weekend and shift penalty rates that they would have earned for the same indicative
roster period had they not been on Annual Leave.
101.2 Weekend and shift penalty rates exclude sleepover and meal allowances.
102. SHIFT WORK
102.1 An employee required to undertake shiftwork will be entitled to penalties as follows:
Shift Type Definition Loading
Night Shift Any shift which finishes
after 12 midnight or
commences before 6:00am
Monday to Friday.
15%
103. BROKEN SHIFT
103.1 A broken shift means a shift worked by an employee that includes one or more breaks (other
than a meal break) and where the span of hours is not more than 12 hours.
103.2 Payment for a broken shift will be at ordinary pay with penalty rates and shift allowances in
accordance with clause 103, with shift allowances being determined by the finishing time of the
broken shift.
103.3 All work performed beyond the maximum span of 12 hours for a broken shift will be paid at
double time.
103.4 An employee must receive a minimum break of 10 hours between broken shifts rostered on
successive days.
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104. ANNUAL LEAVE FOR SHIFT WORKERS
A shift worker is an employee who works for more than four ordinary hours on 10 or more
weekends per year and is therefore entitled to an additional week’s Annual Leave on the same
terms and conditions.
105. CEREMONIAL LEAVE
An employee who is legitimately required by indigenous tradition to be absent from work for
Aboriginal or Torres Strait Islander ceremonial purposes will be entitled to up to 10 working days
unpaid leave in any one year, with the approval of the employer.
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SCHEDULE D – PROFESSIONALS
106. APPLICABLE MODERN AWARDS
Autism Queensland shall classify Professional employees in accordance with the classification
levels and descriptions within the Health Professionals and Support Services Award 2010; and/or
the Educational Services (Teachers) Award 2010.
107. CLASSIFICATION OF EMPLOYEES
107.1 Professional employees shall be appointed to Level 1 or 2 at the appropriate paypoint within that
Level based on years of experience in the profession. One year of full-time qualified professional
work experience shall equate to one salary paypoint.
107.2 For the purpose of determining the appropriate Level and pay-point at which an employee is
appointed, the Employer shall recognise aggregated periods of previous professional service with
other employers.
107.3 Only paid Leave will count towards service for the purposes of this clause.
107.4 Employees who are yet to complete an undergraduate degree shall be appointed at Level 1,
Paypoint 1.
107.5 Three-year and Four-year trained graduates shall be appointed at Level 1, Paypoint 2.
107.6 Professionals requiring post-graduate qualifications to meet the requirements of professional
registration (e.g. psychologist) shall be appointed at a higher paypoint commensurate with the
required additional years of post-graduate education / internship.
107.7 Professional graduates with two or more approved degrees from a recognised university shall be
appointed at Level 1, Paypoint 3. The additional qualification shall be approved as relevant by the
employee’s Manager in consultation with the General Manager.
107.8 The Senior Professional classification shall only be attained by permanent or fixed-period
appointment by the Employer, on the basis of a merit-based selection process when a Senior
Professional level position is available.
108. SALARY PROGRESSION
108.1 A Professional employee shall not move from one paypoint to the next paypoint within Levels 1
and 2 of the classification structure until:
a. In the case of a full-time employee such employee has received such salary/wage for a
period of twelve months, excluding periods of unpaid leave;
b. In the case of a part-time and casual employee, such employee has received such
salary/wage for a period of at least 12 months and has worked for the equivalent of 1950
hours, or in the case of a teacher employed to work a 7-hour day it shall be 1820 hours.
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108.2 For the purpose of salary progression, the following categories of Leave shall be considered as
service:
a. All types of Leave with pay;
b. Leave during which worker’s compensation is paid;
c. Notwithstanding anything contained in paragraphs (a) and (b) above, no employee shall be
entitled to receive salary payment/wage level movements by virtue of this Agreement if
after undergoing a formal counselling process in accordance with the Autism Queensland
Employee Disciplinary Policy, it was deemed that their performance was not satisfactory.
109. REGIONAL PROFESSIONAL EMPLOYEE’S UPLIFT
109.1 Where an employee is engaged to work (base location) in a regional area, they will be entitled to
the hourly rate of pay as set out in Schedule F plus 5%.
110. ORIDINARY HOURS OF WORK (OTHER THAN SCHOOL TEACHERS)
110.1 The ordinary hours of work for professionals other than school teachers will be between 6.00am
and 6.00pm Monday to Friday.
111. MEAL BREAK
111.1 All employees who are required to work for more than five – continuous ordinary hours shall be
entitled to a meal break of not less than thirty minutes.
111.2 Such meal breaks shall be taken at such times as will not interfere with the continuity of work
where continuity is necessary.
112. ON CALL PAYMENT
112.1 An employee required by the employer to be on call will receive the following additional amounts
for each 24-hour period or part thereof:
a. When the on-call period is between Monday and Saturday inclusive— $20.30 per 24 hour
period; and
b. When the on-call period is on a Sunday or public holiday - $40.51 per 24 hour period.
113. MEAL ALLOWANCE
113.1 An employee will be paid a meal allowance of $13.29 in addition to any overtime payment as
follows:
a. When required to work after the usual finishing hour of work beyond one hour or, in the
case of shiftworkers, when the overtime work on any shift exceeds one hour.
b. Provided that where such overtime work exceeds four hours a further meal allowance of
$11.98 will be paid.
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113.2 Clause 113.1 will not apply when an employee could reasonably return home for a meal within
the meal break.
113.3 On request the meal allowance will be paid on the same day as overtime is worked.
114. REST PAUSES
114.1 All employees covered by this Agreement who work a minimum of four consecutive ordinary
hours shall be entitled to a rest pause of ten minutes duration in the Employer’s time.
114.2 Employees covered by this Agreement who work a minimum of 7.5 consecutive ordinary hours on
any one day shall be entitled to a rest pause of 10 minutes duration in the first and second half of
the day.
114.3 Such rest pauses shall be taken at such time as will not interfere with the continuity of work
where continuity is necessary.
114.4 By agreement between the Employer and majority of employee/s concerned, the rest pauses may
be combined into one break of twenty minutes.
115. OVERTIME – SCHOOL TEACHERS
115.1 Overtime shall only be worked with the prior approval of the Employer.
Entitlement to Payment for Overtime
115.2 A full-time employee shall be entitled to Overtime where the employee works more than 70
hours in any 14 day period or where the employee works more than ten hours, or by agreement
12 hours, in any one day or where the employee works outside of the spread of ordinary hours on
weekends.
115.3 A part-time employee shall be entitled to Overtime where they work in excess of their prescribed
hours of duty provided that Overtime shall not be paid where the Employer and employee have
agreed to a temporary variation of working hours in which case Overtime shall apply for work in
excess of the mutually agreed varied working hours. A part-time employee shall be entitled to
Overtime if they work in excess of 38 hours in any one week or greater than ten hours in any one
day.
115.4 A casual employee shall be entitled to Overtime where they work more than 76 hours in any
fortnight or where the employee works more than ten hours in any day.
115.5 All time worked in excess of the ordinary working hours shall be deemed to be Overtime and,
shall be paid for at the rate of time and a half for the first three hours on any one day and double
time thereafter.
115.6 Double time shall be paid for all hours worked outside of the ordinary working hours or outside of
the spread of hours on a Sunday. Such payments shall be in addition to the actual or ordinary
weekly salary paid to each employee.
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115.7 For the purpose of this clause, work in excess of the ordinary working hours shall be deemed to
be work in excess of the maximum daily hours in this Schedule or a maximum of 76 hours in each
fortnightly period.
116. OVERTIME
116.1 An employee who works outside their ordinary hours on any day will be paid at the rate of:
a. time and a half for the first two hours; and
b. double time thereafter.
116.2 These extra rates will be in substitution for and not cumulative upon shift loadings.
116.3 An employee working overtime will take a paid rest break of 20 minutes after each four hours of
overtime worked if required to continue work after the break.
117. WEEKEND WORK
117.1 Saturday work will be payable at a rate of time and a half for the first 2 hours and double time
thereafter.
117.2 All hours worked on a Sunday will be paid at the rate of double time.
117.3 To avoid any doubt, the loadings in this clause are in substitution of and not in addition to any
shift or casual loadings.
118. SHIFT WORK – OTHER THAN SCHOOL TEACHERS
118.1 Where the ordinary rostered hours of work of a shiftworker finish between 6:00pm and 8:00am
or commence between 6:00pm and 6:00am, the employee will be paid an additional loading of
15% of their ordinary rate of pay.
118.2 A casual employee who works shift work as defined in subclause (1) will be paid an additional
loading of 40% of their ordinary rate of pay but will not be paid the casual loading.
118.3 The shift penalties prescribed in this clause will not apply to shift work performed by any
employee on Saturday, Sunday or Public Holidays where the extra payment for working
weekends or public holidays apply.
119. SCHOOL TEACHERS – NON CONTACT TIME
119.1 The ordinary hours of duty for each School Teacher shall include no less than 2.5 hours per week
which is not programmed teaching time. This period shall be allocated in blocks of time of no less
than 30 minutes and shall be known as Non-Contact Time, provided for the purpose of planning,
preparation and marking of student work.
119.2 Casual teachers will not be allocated or receive payment for such time in respect of the first 2
days of any one engagement.
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120. SCHOOL TEACHERS - ANNUAL LEAVE
School teachers (excluding casual employees) shall be entitled to Leave on full pay for the
duration of each student vacation with the exception of pupil free days as designated at clause
100.
In the case of School teachers who have worked less than a full school term or full school year,
pro-rata Leave entitlement will be calculated in accordance with the relevant Award provisions.
Calculation of Payments
P = s x c - d
b
P is the payment due
s is the total salary paid in respect of term weeks, or part thereof, since the school or preschool service date or the date of employment in circumstances where the employee has been employed by the employer since the school or preschool service date
b is the number of term weeks, or part thereof in the school or preschool year
c is the number of non-term weeks, or part thereof, in the school or preschool year
d is the salary paid in respect of non-term weeks, or part thereof, that have occurred since the school or preschool service date or date of employment in circumstances where the employee has been employed by the employer since the school or preschool service date
121. SPECIAL LEAVE WITHOUT PAY
121.1 Where an employee applies for Leave in pressing and exceptional circumstances, the Manager or
Principal, in consultation with the relevant General Manager, may approve Special Leave Without
Pay for such duration and upon such notice as seems warranted in the circumstances.
121.2 In other circumstances, extended Special Leave Without Pay may be approved by the Manager or
Principal, in consultation with the General Manager, upon an employee giving one clear school
term's notice.
121.3 The minimum period of such Leave shall be one school term, and the maximum 12 months, on
any one occasion.
121.4 Provided that a period of at least two years shall elapse between any period of extended Special
Leave and any further period of such Leave, except where the Leave and any further period of
such Leave, is required as Carer’s Leave.
122. ABSENCES OF LESS THAN ONE DAY
Where an employee is absent for two hours or less the Manager / Principal shall have the
discretion to grant such Leave without debiting the absence from any Leave credit.
123. PUPIL FREE DAYS
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123.1 Employees, including School teachers, shall attend for duty, while pupils do not attend, so that
employees can perform planning and in-service training duties.
123.2 Such days shall be up to six days per year at days and locations specified by Autism Queensland in
advance.
123.3 Autism Queensland undertakes to provide reasonable notice of such days and where possible,
location.
124. BLOOD CHECK
Any employee exposed to radiation hazards in the course of their work will be entitled to a blood
count as often as is considered necessary and will be reimbursed for any out of pocket expenses
arising from such test.
125. CLOTHING AND EQUIPMENT
125.1 Employees required by the employer to wear uniforms will be supplied with an adequate number
of uniforms appropriate to the occupation free of cost to employees. Such items are to remain
the property of the employer and be laundered and maintained by such employer free of cost to
the employee.
125.2 Instead of the provision of such uniforms, the employer may, by agreement with the employee,
pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or
$6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not
laundered by or at the expense of the employer, the employee will be paid a laundry allowance of
$0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.
125.3 The uniform allowance, but not the laundry allowance, will be paid during all absences on leave,
except absences on long service leave and absence on personal/carer’s leave beyond 21 days.
Where, prior to the taking of leave, an employee was paid a uniform allowance other than at the
weekly rate, the rate to be paid during absence on leave will be the average of the allowance paid
during the four weeks immediately preceding the taking of leave.
125.4 Where an employer requires an employee to wear rubber gloves, special clothing or where safety
equipment is required for the work performed by an employee, the employer must reimburse the
employee for the cost of purchasing such special clothing or safety equipment, except where such
clothing or equipment is provided by the employer.
126. OCCASIONAL INTERPRETING ALLOWANCE
An employee not employed as a full-time interpreter who is required to perform interpreting
duties will receive an additional $1.03 on each occasion with a maximum additional payment of
$11.94 per week.
127. TELEPHONE
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Where the employer requires an employee to install and/or maintain a landline telephone for the
purpose of being on call, the employer will refund the installation costs and the subsequent rental
charges on production of receipted accounts.
128. CEREMONIAL LEAVE
An employee who is legitimately required by Aboriginal tradition to be absent from work for
Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one
year, with the approval of the employer.
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SCHEDULE E – TEACHER AIDES & PROGRAM ASSISTANTS
129. APPLICABLE MODERN AWARD
Autism Queensland shall classify Teacher Aides and Program Assistants in accordance with the
classification levels and descriptions within the Educational Services (Schools) General Staff Award
2010.
130. CLASSIFICATIONS
130.1 Level 1 shall mean an employee will work under direct or routine supervision depending on the
function. The principal function is to assist the teacher in the day to day workings. There is no
requirement for the employee to hold a Certificate III in Education Support. Casual relief
employees shall be classified at Level 1.
130.2 Level 2 shall mean an employee who holds a Level 3 Certificate in Education Support or an
equivalent qualification or a minimum of 12 months’ full-time service with at Autism Queensland
sufficient relevant work experience as determined by the Principal / Manager.
130.3 Level 3 shall only be attained by permanent or fixed-period appointment by the Employer, on the
basis of a merit-based selection process when a senior level position is available.
130.4 An employee shall not move from one paypoint to the next paypoint within the classification
level until:
a. In the case of a full-time employee such employee has received such salary/wage for a
period of 1050 hours (equivalent of 12 months’ full-time service at Autism Queensland) at
the lower paypoint;
b. In the case of a part-time or casual employee, such employee has received such
salary/wage for a period of 12 months and has worked for the equivalent of 800 hours;
c. Notwithstanding anything contained in paragraphs (a) and (b) above, no employee shall be
entitled to receive salary payment/wage level movements by virtue of this Agreement if
after undergoing a formal counselling process in accordance with the Autism Queensland
Employee Disciplinary Policy, it was deemed that their performance was not satisfactory.
130.5 The Senior Teacher Aide/Senior Program Assistant classification shall only be attained by
permanent or fixed-period appointment by the Employer, on the basis of a merit-based selection
process when a Senior Teacher Aide level position is available.
131. PROGRESSION FROM LEVEL 1 TO LEVEL 2
The movement from Level 1 to Level 2 for Teacher Aides who do not hold a Level 3 Certificate in
Education Support shall be subject to the following criteria:
a. Attainment of a qualification equal to or higher than a Level 3 Certificate in Education
Support and deemed relevant by the Principal or Manager; or
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b. Demonstrated proficiency (as determined by the Principal or Manager) in the role of
Teacher Aide at Autism Queensland over a minimum period of 12 months.
132. HOURS OF WORK
132.1 Ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00am
and 6.00pm on Monday to Friday inclusive.
132.2 In addition to normal fortnightly hours prescribed at clause 132.1 Autism Queensland offers
Teacher Aides and Program Assistants up to 4 hours per term to attend pupil free days, team
meetings, planning meetings, debriefing as required and Learning and Development activities.
133. OVERTIME
Except as provided elsewhere in this Schedule, all pre-approved time worked outside the normal
starting and finishing times shall be paid for at the rate of time and one-half for the first three
hours on any one day and double time thereafter provided that overtime will only be payable for
hours that exceed 76 over a fortnight.
134. WEEKEND PENALTIES
Where an employee is required to work on weekends or public holidays, they will receive the
following loadings:
Day Loading
Saturday 150% for the first 3 hours and
200% thereafter.
Sunday 200% for all hours
Public Holidays 250% for all hours
135. SHIFT PENALTIES
135.1 An employee required to undertake shiftwork will be entitled to penalties as follows:
Shift Type Definition Loading
Afternoon Shift A shift which is not a day
shift and which finishes
after 6:00pm and at or
before midnight.
15%
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Night Shift A shift which finishes after
midnight and at or before
6:00 am.
15%
Permanent night shift Night shifts that occur for a
longer period than four
consecutive weeks; or
Night shift which does not
rotate or alternate with
another shift or with day
work so as to give the
employee at least one
third of their working time
off night shift.
30%
135.2 The ordinary hours for shiftwork must be worked continuously each shift (except for broken shifts
and breaks) and must not exceed 10 hour (inclusive of meal breaks).
136. BROKEN SHIFT ALLOWANCE
136.1 An employee may be rostered to work ordinary hours in a broken shift, that is a rostered shift in
two periods of duty, exclusive of breaks, per day, with a minimum payment (other than for a
casual) of two hours for each period of duty.
136.2 An employee, other than a casual, required to work a broken shift will be paid at the ordinary
time rate plus a penalty of 15% of the ordinary time rate.
137. ANNUALISED SALARY
137.1 All permanent term-time employees may elect to annualise their salary so as to provide 52 pay
weeks per year at the annualised rate.
The adjusted annual salary for an employee is calculated in accordance with the relevant Award
provisions:
A = C x working weeks + 4 weeks annual leave 52.18 Where:
A means the employee’s adjusted annual salary
C means the annual salary (as contained in the appropriate schedule) for the employee’s classification
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Working weeks means the number of weeks that the employee is required to work
137.2 For the purposes of this provision, normal hours of work for term-time employees will be paid
pro-rata on a 52 week pay per year basis
138. REST PAUSES
138.1 Employees shall receive a paid rest pause of ten minutes’ duration to be taken in the first and
second half of each day worked.
138.2 Employees other than full-time who work a minimum of four consecutive ordinary hours on any
one day shall receive a rest pause of ten minutes’ duration. Employees who work in excess of six
consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause
of ten minutes’ duration in the first half and the second half of the period worked.
138.3 Such rest pauses shall be taken at such times as will not interfere with continuity of work where
continuity is necessary.
138.4 Notwithstanding the foregoing, where the Employer and the employees agree the rest pauses
may be combined.
139. MEAL BREAK
An employee shall be entitled to an unpaid meal break of not less than half an hour and not more
than one hour per working day.
140. PUPIL FREE DAY
If a pupil free day falls on a day that would normally be worked, Teacher Aides and Program
Assistants will either undertake professional development or perform other duties as directed.
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SCHEDULE F – WAGES
141. ADMINISTRATION OFFICERS (SCHEDULE A)
Classification From 5 November 2019
76 hours / fortnight Hourly Annual
LEVEL 1
Paypoint 2 $21.27 $42,029.52
Paypoint 3 $22.32 $44,104.32
Paypoint 4 $23.02 $45,487.52
LEVEL 2
Paypoint 1 $23.30 $46,040.80
Paypoint 2 $23.73 $46,890.48
Paypoint 3 $24.40 $48,199.19
Paypoint 4 $25.10 $49,597.60
LEVEL 3
Paypoint 1 $25.10 $49,597.60
Paypoint 2 $25.87 $51,119.12
Paypoint 3 $26.68 $52,719.68
Paypoint 4 $27.56 $54,458.56
LEVEL 4
Paypoint 1 $28.43 $56,177.68
Paypoint 2 $29.30 $57,896.80
Paypoint 3 $30.16 $59,596.16
Paypoint 4 $30.94 $61,137.44
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142. BUS DRIVERS, BUS AIDES, CLEANERS & MAINTENANCE OFFICERS (SCHEDULE B)
Classification From 5 November 2019
76 hours/fortnight Hourly Annual
Bus Driver & Bus Aide $22.73 $44,914.48
Cleaner Groundsperson Maintenance $23.41 $46,258.16
143. LIFESTYLE SUPPORT WORKERS, COMMUNITY SERVICES COORDINATORS (SCHEDULE C)
Classification From 1 December 2019
76 hours / fortnight Hourly Annual
Lifestyle Support Worker LEVEL 3
Paypoint 1 $31.33 $61,908.08
Paypoint 2 $32.22 $63,666.72
Paypoint 3 $32.90 $65,010.40
Paypoint 4 $33.56 $66,314.56
Coordinator LEVEL 4
Paypoint 1 $35.93 $70,997.68
Paypoint 2 $36.86 $72,835.36
Paypoint 3 $37.79 $74,673.04
Paypoint 4 $38.62 $76,313.12
Coordinator LEVEL 5
Paypoint 1 $40.91 $80,838.16
Paypoint 2 $41.78 $82,557.28
Paypoint 3 $42.74 $84,454.24
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144. PROFESSIONALS – 70 HOUR FORTNIGHT (SCHEDULE D)
Classification From 5 November 2019
LEVEL 1 Hourly Annual
Paypoint 1 $25.34 $46,118.80
Paypoint 2 $33.07 $60,187.40
Paypoint 3 $34.89 $63,499.80
Paypoint 4 $36.73 $66,848.60
Paypoint 5 $38.55 $70,161.00
Paypoint 6 $40.40 $73,528.00
LEVEL 2 Hourly Annual
Paypoint 1 $41.92 $76,294.40
Paypoint 2 $43.46 $79,097.20
Paypoint 3 $44.99 $81,881.80
Paypoint 4 $46.62 $84,848.40
Senior Professional $48.74 $88,706.80
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145. PROFESSIONALS – 76 HOUR FORTNIGHT (SCHEDULE D)
Classification From 5 November 2019
LEVEL 1 Hourly Annual
Paypoint 1 $25.34 $50,071.84
Paypoint 2 $33.07 $65,346.32
Paypoint 3 $34.89 $68,942.64
Paypoint 4 $36.72 $72,558.72
Paypoint 5 $38.55 $76,174.80
Paypoint 6 $40.40 $79,830.40
LEVEL 2 Hourly Annual
Paypoint 1 $41.92 $82,833.92
Paypoint 2 $43.46 $85,876.96
Paypoint 3 $44.99 $88,900.24
Paypoint 4 $46.62 $92,121.12
Senior Professional $48.75 $96,330.00
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146. TEACHER AIDES AND PROGRAM ASSISTANTS (SCHEDULE E)
Classification From 6 November 2019
LEVEL 1 Hourly Annual
Paypoint 1 $23.78 $46,989.28
Paypoint 2 $24.65 $48,708.40
Paypoint 3 $25.50 $50,388.00
LEVEL 2 Hourly Annual
Paypoint 1 $26.36 $52,087.36
Paypoint 2 $26.79 $52,937.04
Paypoint 3 $27.27 $53,885.52
Senior Teacher Aide/Senior Program Assistant $28.00 $55,328.00
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SCHEDULE G – DEFINITIONS
Term Meaning
Agreement Autism Queensland Employee Collective Agreement 2020
Bargaining representative
A person who an Employee requests represent them in a meeting and conferring with the Employer about the Agreement.
Continuous Shift Work An employee who is engaged on continuous shift work covering 24 hours per day seven days of the week and whose hours of work are regularly worked on Sundays and public holidays.
Four year trained teacher A person appointed as a teacher who holds an approved degree from a recognised tertiary education institution or an approved equivalent tertiary qualification plus at least one year of teacher education or such other qualifications recognised by the Employer as equivalent to one year of teacher education.
FWC Fair Work Commission
FW Act Fair Work Act 2009 (Cth)
Employee A person employed by Autism Queensland subject to this agreement on either a fulltime, part-time, casual, or fixed-period basis.
Employee representative A person nominated by the Employee who agrees to represent the Employee for the purpose of the prevention and settlement of grievances.
Employer Autism Queensland.
Immediate family A spouse, de facto partner, child, parent, grandparent, grandchild or
sibling of the employee or a child, parent, grandparent, grandchild or
sibling of a spouse or de facto partner of the employee.
Line Manager The person (supervisor) to whom an employee reports directly.
NES National Employment Standards.
Parties The Employer and Employees bound to this Agreement.
Principal A teacher who is employed to be in charge of an Autism Queensland school according to the relevant Position Description (PD), to perform the duties contained in that PD.
Professional A person with suitable tertiary qualifications in education, allied health or similar discipline and registration with the relevant professional body or eligibility for membership with the relevant professional association.
Regional Area Gladstone, Mackay, Cairns and Rockhampton.
Relevant employees Any employees who may be affected by the major change.
School Teacher A Teacher who works in the School.
Teacher A person with teacher qualifications sufficient to gain registration with the Queensland College of Teachers and who gains and maintains such registration, and who is employed to perform teaching and related educational duties.
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Term-time employee A person who is employed for a period that spans the normal school term – i.e. exclusive of school holidays.
Therapist A qualified and registered Speech Pathologist, Occupational Therapist, Psychologist, Social Worker, Counsellor or Physiotherapist.
Three year trained teacher
A person appointed as a teacher with three years of teacher education or such other qualifications as may be recognised by the Employer for this purpose.
Time Off in Lieu (TOIL) Time accrued during rostered or work time when an employee is not required to attend for duty, as a compensation for additional time previously approved to be worked outside rostered or work time on a task specifically required by the Employer.
Weeks’ Pay The ordinary time rate of pay for the employees concerned. Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling times allowances, bonuses and any other ancillary payments.
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147. SIGNATORIES:
Signed for and on behalf of Autism Queensland by:
_______________________________
Pam Macrossan
Chief Executive Officer
437 Hellawell Road, Sunnybank Hills 4109
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Signed for and on behalf of the Employees
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