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From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Wednesday, 22 May 2019 11:35 AM To: Rebecca Scott <[email protected]> Cc: Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]>; Angela K. May <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Morning, Re: AG2018/5517 - Application by Churches of Christ in Queensland I write in relation to the above matter, and further to your correspondence of 14 May 2019. The Deputy President thanks Churches of Christ for its response and proposed undertakings, and further notes the below. The Deputy President understands that it is the intention of paragraph 16 of the undertakings to clarify that a pre- requisite for engagement at Level 2 under the Agreement is that employees hold a Certificate II (not a Certificate III). This is distinct from a Level 3 under the Agreement, where the general characteristics, responsibility, assessment/decision making and indicative roles align with the qualification of a Certificate III. If this understanding is correct, the Deputy President proposes that Churches of Christ revise its undertaking to more accurately reflect this position. As a guide, this could be achieved with an undertaking that supplements the Qualifications and Knowledge (Expertise) column with a third dot point in the following terms: As a pre-requisite for engagement at this level, employees are required to hold a Certificate II in Customer Contact (or equivalent), or equivalent skills and experience attained through previous appointments, service and/or study.” Undertakings If undertakings are to be provided, please ensure that they are: provided in a form that can be published with the Agreement; and signed in accordance with regulation 2.07 of the Fair Work Regulations 2009 which provides that an undertaking must be signed by each employer who gives the undertaking. The Commission may only accept an undertaking if it is satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement (s.190(3) of the Act). The Commission must not accept an undertaking unless it has sought the views of each person who the Commission knows is a bargaining representative for the agreement (s.190(4) of the Act). Therefore the Commission seeks the views of the bargaining representatives for the Agreement. Any views should be raised with the Commission no later than two business days after the Applicant’s response is received by the Commission. In the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. More information about undertakings can be found on the Fair Work Commission’s website. Please provide your response to the concerns outlined above as soon as possible, but by no later than close of business on Thursday, 23 May 2019. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected]

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Page 1: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Wednesday, 22 May 2019 11:35 AM To: Rebecca Scott <[email protected]> Cc: Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]>; Angela K. May <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Morning, Re: AG2018/5517 - Application by Churches of Christ in Queensland I write in relation to the above matter, and further to your correspondence of 14 May 2019. The Deputy President thanks Churches of Christ for its response and proposed undertakings, and further notes the below. The Deputy President understands that it is the intention of paragraph 16 of the undertakings to clarify that a pre-requisite for engagement at Level 2 under the Agreement is that employees hold a Certificate II (not a Certificate III). This is distinct from a Level 3 under the Agreement, where the general characteristics, responsibility, assessment/decision making and indicative roles align with the qualification of a Certificate III. If this understanding is correct, the Deputy President proposes that Churches of Christ revise its undertaking to more accurately reflect this position. As a guide, this could be achieved with an undertaking that supplements the Qualifications and Knowledge (Expertise) column with a third dot point in the following terms:

“As a pre-requisite for engagement at this level, employees are required to hold a Certificate II in Customer Contact (or equivalent), or equivalent skills and experience attained through previous appointments, service and/or study.”

Undertakings

If undertakings are to be provided, please ensure that they are:

• provided in a form that can be published with the Agreement; and

• signed in accordance with regulation 2.07 of the Fair Work Regulations 2009 which provides that an undertaking must be signed by each employer who gives the undertaking.

The Commission may only accept an undertaking if it is satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement (s.190(3) of the Act). The Commission must not accept an undertaking unless it has sought the views of each person who the Commission knows is a bargaining representative for the agreement (s.190(4) of the Act). Therefore the Commission seeks the views of the bargaining representatives for the Agreement. Any views should be raised with the Commission no later than two business days after the Applicant’s response is received by the Commission. In the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. More information about undertakings can be found on the Fair Work Commission’s website. Please provide your response to the concerns outlined above as soon as possible, but by no later than close of business on Thursday, 23 May 2019. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected]

Page 2: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au From: Rebecca Scott [mailto:[email protected]] Sent: Tuesday, 14 May 2019 12:10 PM To: Chambers - Millhouse DP Cc: Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair; Angela K. May Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Nade, With reference to your email below I apologise for the delayed response and provide the following responses and attached Undertakings. (i) Rates of Pay

· The hourly rate of pay in the Agreement for a Level 3.3 classed employee is below the corresponding hourly rate of pay in the Social and Community Services (Queensland) Award 2001 (Pre-Reform Award) for a Community Services Worker, Level 2, Paypoint 4.

Undertaking provided at Point 7

· Further, in response to the concern that the hourly rates of pay in the Agreement for employees

classed as Level 2.1 and Level 2.2 are below the Level 3 Clerks Award rate, Churches of Christ in Queensland relies on paragraph 7 of its proposed undertakings.

The responsibilities and requirements of Level 2 of the Agreement correlate to Level 2 of the Clerks Award other than the requirement to have completed a Certificate II in Officer Administration, or equivalent service. The “Certificate II in Telecommunications (Customer Contact)” no longer exists. Churches of Christ provides an Undertaking to amend the Certificate III requirement.

Undertaking Provided at Point 16

· Churches of Christ is also asked to revise paragraph 5 of its undertakings to more clearly identify that

the increased hourly rate of pay in the Agreement for a Level 1.3 (from $21.71 per hour to $22.32) applies to employees whose employment is otherwise covered by the Clerks Award. As currently drafted, undertaking 5 is too broad.

Please find amended Undertaking at Point 5

(ii) Corrections to Agreement - Submission Churches of Christ seeks to amend the original Agreement under s.586 of the Act in the following respect: 1. Clause 4 - that the full and proper name of the relevant union should reads ‘Australian Municipal

Administrative and Clerical Services Union Queensland Together Branch’. 2. Clause 7.5(a) - that the reference to Clause 25 is be amended to refer to Clause 24 (Hours of Work). 3. Clause 7.6(b) – that the reference to:

a. Clause 28 be amended to refer to Clause 27 (Overtime); b. Clause 35 be amended to refer to Clause 36 (Public Holidays).

The corrected pages 3,6 and 7 are attached. Sincerely Rebecca

Page 3: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Thursday, 9 May 2019 12:20 PM To: Rebecca Scott <[email protected]> Cc: Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]>; Angela K. May <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Afternoon, Re: AG2018/5517 - Application by Churches of Christ in Queensland I write in relation to the above matter, and further to your correspondence of 23 April 2019. The Deputy President thanks Churches of Christ for its response and proposed undertakings. The two matters below remain outstanding. Better Off Overall Test

(i) Rates of Pay

The hourly rate of pay in the Agreement for a Level 3.3 classed employee is below the corresponding hourly rate of pay in the Social and Community Services (Queensland) Award 2001 (Pre-Reform Award) for a Community Services Worker, Level 2, Paypoint 4. Further, in response to the concern that the hourly rates of pay in the Agreement for employees classed as Level 2.1 and Level 2.2 are below the Level 3 Clerks Award rate, Churches of Christ in Queensland relies on paragraph 7 of its proposed undertakings.

Page 4: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

However, the cited undertaking is expressed as applying to employees whose employment is otherwise covered by the SCHCDS Award (only). Further, even applying the rates in undertaking 7, the hourly rate of pay for a Level 2.1 remains below the Level 3 Clerks Award rate. Churches of Christ is also asked to revise paragraph 5 of its undertakings to more clearly identify that the increased hourly rate of pay in the Agreement for a Level 1.3 (from $21.71 per hour to $22.32) applies to employees whose employment is otherwise covered by the Clerks Award. As currently drafted, undertaking 5 is too broad.

(ii) Corrections to Agreement

The Deputy President notes that paragraphs 1-3 (inclusive) from Churches of Christ’s proposed undertakings of 1 April 2019 have been removed; however, it has not made an application for a correction under s.586 of the Act, amending the cross referencing errors it has identified in the Agreement. As stated previously, if these corrections are sought, Churches of Christ must provide corrected pages of the Agreement. Each page of the Agreement must accurately reproduce the correction sought. All other content on the page must remain unchanged. Undertakings

If undertakings are to be provided, please ensure that they are:

• provided in a form that can be published with the Agreement; and

• signed in accordance with regulation 2.07 of the Fair Work Regulations 2009 which provides that an undertaking must be signed by each employer who gives the undertaking.

The Commission may only accept an undertaking if it is satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement (s.190(3) of the Act). The Commission must not accept an undertaking unless it has sought the views of each person who the Commission knows is a bargaining representative for the agreement (s.190(4) of the Act). Therefore the Commission seeks the views of the bargaining representatives for the Agreement. Any views should be raised with the Commission no later than two business days after the Applicant’s response is received by the Commission. In the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. More information about undertakings can be found on the Fair Work Commission’s website. Please provide your response to the concerns outlined above as soon as possible, but by no later than 16:00 on Monday 13 May 2019. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au From: Rebecca Scott [mailto:[email protected]] Sent: Tuesday, 23 April 2019 4:57 PM To: Chambers - Millhouse DP Cc: Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair; Angela K. May Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Nade,

Page 5: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

With reference to your email below I provide the following responses and the attached Undertakings. (i) Rates of Pay

· Employees otherwise covered by the Social, Community, Home Care & Disability Services Industry Award 2010 (SCHCDS Award) and Social and Community Services (Queensland) Award 2001 (Pre-Reform Award)

Undertaking provided at Point 7

· Employees otherwise covered by the Clerks- Private Sector Award 2010 (Clerks Award) Undertaking Provided at Point 7

· Employees otherwise covered by the Aged Care Award 2010 (Aged Care Award)

Following discussion with you I have checked the rates as questioned by the Deputy President and agree that the rates in the Agreement are higher than the Award in relation to Levels 1.1, 2.1 and 2.2. The previous undertaking has been amended at Point 5

(ii) Overtime (Level 6 and 7 Employees)

Paragraph 12 of the proposed undertakings is removed.

(iii) Saturday Overtime – Undertaking provided at Point 10

(iv) Part-Time Overtime – Undertaking provided at Point 11

(v) Higher Duties – Undertaking amended at Point 14

(vi) On-Call/Work Completed Churches of Christ requests the Deputy President to consider the following decisions and evidence which are relied upon to support the employer’s submission and application of Point 15 of the Undertaking: 1. The distinction between “recall to duty” and overtime as determined by the Federal Court in Polan v

Goulburn Valley Health (No 2) [2017] FCA 30. In that decision the Federal Court was required to determine the quantum of an employee’s underpayment of wages claim. The claim was based on the performance of on-call duties outside ordinary hours of work where the employee was required to be on call to take telephone calls from doctors and attend to changes in roster arrangements.

The terms of the enterprise agreement governing the employment provided for various penalty rates, including an “on call” allowance, a “recall to duty” allowance and overtime. The Applicant was paid an “on call” allowance when she was expected to be available to make and receive calls outside her ordinary work hours and while she was at home. The Applicant contended that she ought to be a paid “recall to duty” in addition to the on call allowance, for each occasion where she actually made and received calls while she was at home. The Court held that the notion of an employee being “recalled” to duty involved an active decision or instruction by an employer to require an employee to work, and did not cover the Applicant’s circumstances where there was an “ongoing arrangement” under which work was triggered by calls made to the Applicant from any number of doctors and others engaged at the hospital. The better view, according to the court, was that the Applicant was entitled to be paid overtime payments, which are designed to compensate employees for reasonable additional hours. With respect to the Churches of Christ Business Support Agreement, the comparator Awards (other than the SCHDSIA) do not provide for on-call provisions. In light of this decision if an employee is not “recalled to duty”, but performs work via telephone it is questionable as to what payment should be made. The Undertaking at Point 15 attempts to address this issue.

2. The decision of the Full Bench dealing with substantive claims in relation to the Nurses Award 2010 (4

yearly review of modern awards—Nurses Award 2010 [2018] FWCFB 7347). The December 2018 decision determined that there was a difference between an employee being “recalled to work overtime”, and an employee required to perform work via electronic communication. The Full Bench stated:

Page 6: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

[69] We consider that a nurse who is on call for electronic communication and is required to work should be remunerated at overtime rates. We do not consider that it is appropriate for payment to be made for a minimum of three hours because the nurse does not have to return to the workplace. We do consider that a minimum period is appropriate because the disutility of performing work extends beyond the precise number of minutes spent in responding to the electronic communication. We will provide for a minimum of one hour at the appropriate overtime rate with payment for each occurrence outside the first hour rounded up to the nearest 15 minutes. The decision led to changes in the Award in January 2019 to address the payment of work performed via electronic communication methods whilst “on-call”. With respect to the Churches of Christ Business Support Agreement, the comparator Awards (other than the SCHDSIA) do not provide for on-call provisions. The work required of an employee engaged under the Business Support Agreement is not distinct to that of the Nurses under the Nurses Award.

3. Other Agreements that provide for an on-call telephone payment provision include:

- Churches of Christ in Queensland - Nurses EA 2018 - Churches of Christ in Queensland - Aged and Community Care EA 2017

(vii) Trainees – undertaking at Point 1

More beneficial terms of the Agreement that apply to trainees: Reference Instrument: Clerks-Private Sector Award 2010 [MA000002]

Award Clause No.

Award/Agreement

condition

Employees affected Agreement Clause

No.

Not conferred Part-time guarantee of

hours

Part-time 7.5(c)

16 Minimum wages – 2.5%

greater

All Undertaking

Superannuation

Guarantee Act

Super. and salary

sacrificing arrangements

Full-time/part-time 17.2(b)

Not conferred Salary packaging

arrangements

Full-time/part-time 17.5 & Schedule C

Not conferred Payment of uniform

allowance during leave

Full-time/part-time 18.1(c)

19.3 Meal allowance – more

than 4 hour overtime

All 18.3(a)(ii)

Not conferred Inoculations All 18.4

Not conferred First Aid/CPR Training Employees taking on

first aid/CPR duties

41

Not conferred Payment of wages – final

monies

All 19.3

Not conferred Time off- with pay All 27.4

27.2(a) Saturday work All 24.3(b)

29.1 Annual leave – accrual Full-time/part-time 28.2(a)

Not conferred Annual leave – purchase Full-time/part-time 28.7

33 Family and Domestic

Violence – Access to

personal/carer’s leave

Full-time/part-time 32

Not conferred Ceremonial/cultural

leave

All 33

Reference Instrument: Social, Community, Home Care and Disability Services Award 2010 [MA000100]

Award Clause No.

Award/Agreement

condition

Employees affected Agreement Clause

No.

10.3 Part-time guarantee of

hours

Part-time 7.5(b) and (c)

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15 Minimum wages – 2.5%

greater

All 14 and Schedule B

(including B.2)

Superannuation

Guarantee Act

Super. and salary

sacrificing arrangements

All 17.2(b)

Not conferred Inoculations All 18.3

Not conferred ADO Full-time 24.2

25.3 Span of Hours All 24.3(a)

17.1(b) Payment for break not

taken

All 26.3

Not conferred Combining rest pauses All 26.4

Not conferred Time off with pay All 27.4

31 Annual leave – accrual Full-time/part-time 28.2(a)

Not conferred Annual leave – purchase Full-time/part-time 28.7

34.2 Public holidays –

minimum payment

All 36.1

35 Cultural/ceremonial

leave

All 33

14 Salary packaging All Schedule C

Reference Instrument: Aged Care Award 2010 [MA000018]

Award Clause No.

Award/Agreement

condition

Employees affected Agreement Clause

No.

10.3 Part-time guarantee of

hours

Part-time 7.5(c)

14.1 Minimum wages – 2.5%

greater

All 14 and Schedule B

Superannuation

Guarantee Act

Super. and salary

sacrificing arrangements

All 17.2(b)

15.4(a)(ii) Meal allowance – over 4

hours

All 18.3(a)(i)

Not conferred Inoculations All 18.4

23 Saturday work – outside

of 6:30am and 12:30pm

All 25.3(b) and 27.2(a)

23.1 Sunday work All 27.2(b)

24.1(b) Payment for break not

taken

All 25.3

24.2(a) Tea break All 26.2

Not conferred Time off with pay All 27.4

28 Annual leave – accrual Full-time/part-time 28.2(a)

Not conferred Annual leave – purchase Full-time/part-time 28.7

29.2 Minimum payment on

Public Holidays

All 36.1

35 Cultural/ceremonial

leave

All 33

Not conferred Salary packaging All 17.5 & Schedule C

Not conferred First aid/CPR training All 41

Sincerely Rebecca

Page 8: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Thursday, 18 April 2019 4:41 PM To: Rebecca Scott <[email protected]> Cc: Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]>; Angela K. May <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Afternoon, Re: AG2018/5517 - Application by Churches of Christ in Queensland I refer to the above matter and your correspondence of today’s date. An extension to 16:00 on Tuesday, 23 April 2019 has been granted. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au

Page 9: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

From: Rebecca Scott [mailto:[email protected]] Sent: Thursday, 18 April 2019 1:38 PM To: Chambers - Millhouse DP Cc: Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair; Angela K. May Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Nade My apologies, I was absent on leave last week and my “out of office” response failed to work. I have returned to the workplace today and request an extension to address the matters highlighted below. Sincerely Rebecca

Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Friday, 12 April 2019 8:03 AM To: Rebecca Scott <[email protected]> Cc: Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]>; Angela K. May <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Morning, Re: AG2018/5517 - Application by Churches of Christ in Queensland

Page 10: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

I write in relation to the above agreement application and in response to correspondence dated 1 and 3 April 2019. The Deputy President thanks Churches of Christ in Queensland (Churches of Christ) for its response and proposed undertakings, but considers the below matters to remain outstanding. Better Off Overall Test

(i) Rates of Pay

· Employees otherwise covered by the Social, Community, Home Care & Disability Services Industry Award 2010 (SCHCDS Award) and Social and Community Services (Queensland) Award 2001 (Pre-Reform Award)

The Better Off Overall Test (BOOT) is applied as at the test time—this is the time when the application for approval of the Agreement was made (the date the application was lodged with the Commission) – see ss.193(3) and (6) of the Fair Work Act 2009 (the Act). The proposed Agreement was lodged with the Commission on 2 October 2018. Accordingly, the relevant rates in the Agreement for the purposes of the conducting the BOOT is the 1 July 2018 rates. These rates are compared to the 1 July 2018 rates in the SCHCDS Award (being the corresponding period), and not the 1 December 2018 rates. The Deputy President remains concerned the rates of pay in the Agreement for the majority of employees fall below the corresponding rates contained in the SCHCDS Award and Pre-Reform Award. To assist Churches of Christ with its response, please see the rates of pay comparison below:

· Employees otherwise covered by the Clerks- Private Sector Award 2010 (Clerks Award) The Deputy President equally remains concerned that the rates of pay in the Agreement for employees classed as Level 2.1 and Level 2.2 may be below the corresponding rate of pay contained in the Clerks Award. This is because employees engaged at Level 2 in the Agreement are required to hold a Certificate III in Office Administration (or equivalent level expertise/experience), which appears to support matching to a Level 3 in the Clerks Award.

· Employees otherwise covered by the Aged Care Award 2010 (Aged Care Award)

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On Churches of Christs’ submissions, the Deputy President is satisfied that a Level 1.1 in the Agreement is appropriately aligned to a Level 1 in the Aged Care Award. In this case, the hourly rate of pay in the Agreement is higher than the corresponding hourly rate in the Aged Care Award. However, the Deputy President does not consider that the hourly rate of pay in the Agreement for a Level 2.1, which is $22.19 per hour (and not $20.72 per hour) is below the corresponding hourly rate of pay in the Aged Care Award. Please clarify why an undertaking is sought to be provided in respect of this classification.

(ii) Overtime (Level 6 and 7 Employees) As per paragraph 13 of the proposed undertakings, Churches of Christ undertakes that for the purposes of Clause 27.1(b) of the Agreement, the “exception of employees at classification Levels 6 and 7” will not apply to employees otherwise covered by the SCHCS Award. Accordingly, the Deputy President asks that paragraph 12 of the proposed undertakings is removed on the basis that it is superfluous.

(iii) Saturday Overtime Clause 27.2(a) of the Agreement states that 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 (150%) for the first two hours on any one day and double time (200%) thereafter. Clause 27.2(b) of the Agreement further explains that double (200%) time shall be paid for all time performed outside of the ordinary working hours or outside of the spread of hours on a Sunday (only). Clause 25.1 of the Aged Care Award provides that all overtime performed on Saturday and Sunday is paid at double (200%) time. The rates of pay in the Agreement are not high enough to compensate employees for the reduced Saturday overtime penalty.

(iv) Part Time Overtime The Deputy President does not consider that paragraph 11 of the proposed undertakings addresses the entitlement to overtime for part-time employees, as set out in Clause 11.6 of the Clerks Award and Clause 25.1(b)(iii) of the Aged Care Award. This is because the undertaking effectively provides that part-time employees will be paid overtime rates for all time worked in excess of the “ordinary hours of work”, and not in excess of part-time employees’ “agreed hours of work” (which is less than full-time hours).

(v) Higher Duties As per paragraph 15 of the proposed undertakings, Churches of Christ undertakes that “an employee when required to perform the duties of a higher classification in which they are ordinarily employed for more than one day or shift will be paid at the higher wage rate for the duties performed.” This entitlement to higher duties payment remains less favourable than the entitlement contained in Clause 27 of the Aged Care Award, which provides that an employee engaged in any duties carrying a higher wage rate will be paid at the higher wage rate for the time so worked for two hours or less; or a full day or shift where the time so worked exceeds two hours.

(vi) On-Call/Work Completed For the purposes of the SCHCDS Award, Clerks Award and Aged Care Award, overtime rates apply where an employee is required to work outside of their rostered period of duty. For the purposes of Clause 22 of the Agreement, Churches of Christ undertakes that employees will be paid at a time and one half (150%) of their base rate (in increments of 15 minutes). However, this undertaking falls short of the overtime penalties contained in each of the Awards. Relevantly, all overtime hours after two hours, all overtime hours on Saturday (Aged Care Award only), and all overtime hours on Sundays is paid at the rate of double (200%) time. The rates of pay in the Agreement are not high enough to compensate for the reduced overtime penalty.

(vii) Trainees Paragraph 3 of the proposed undertakings confirms that trainees are paid Award rates (Miscellaneous Award 2010). As stated previously, subject to the resolution of the balance of the BOOT concerns (summarised above) the reductions in wages and entitlements result in trainees failing to satisfy the BOOT.

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The Deputy President also asks that Churches of Christ expressly identifies the more beneficial terms of the Agreement that apply to trainees.

(viii) Corrections to Agreement Churches of Christ may wish to make an application for a correction under s.586 of the Act, amending the cross referencing errors it has identified in the Agreement. If these corrections are sought, Churches of Christ must provide corrected pages of the Agreement. Each page of the Agreement must accurately reproduce the correction sought. All other content on the page must remain unchanged. Accordingly, the Deputy President asks that Churches of Christ remove paragraphs 1-3 (inclusive) from its proposed undertakings. Undertakings

If undertakings are to be provided, please ensure that they are:

• provided in a form that can be published with the Agreement; and

• signed in accordance with regulation 2.07 of the Fair Work Regulations 2009 which provides that an undertaking must be signed by each employer who gives the undertaking.

The Commission may only accept an undertaking if it is satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement (s.190(3) of the Act). The Commission must not accept an undertaking unless it has sought the views of each person who the Commission knows is a bargaining representative for the agreement (s.190(4) of the Act). Therefore the Commission seeks the views of the bargaining representatives for the Agreement. Any views should be raised with the Commission no later than two business days after the Applicant’s response is received by the Commission. In the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. More information about undertakings can be found on the Fair Work Commission’s website. Please provide your response to the concerns outlined above as soon as possible, but by no later than close of business on Wednesday, 17 April 2019. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 From: Angela K. May [mailto:[email protected]] Sent: Wednesday, 3 April 2019 6:19 PM To: Chambers - Millhouse DP; Rebecca Scott Cc: Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Nade. In response to the submissions by Churches of Christ, Together does not support the undertaking given numbered 11. Part-time employees will be entitled to overtime as per clause 27.1. Clause 27.1 is not clear enough in that part-time employees are entitled to overtime once they perform work outside of their agreed ordinary hours. Together maintains our objection to clause 22 Definition of work completed and clause 23 Payment for work completed.

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Whether an employee receives an on call allowance or not, any work performed outside of their normal rostered hours should be compensated by way of paid overtime at the appropriate penalty rates, regardless of where that work is performed. Together is gravely concerned at the admission by Churches of Christ that some employees have been underpaid. Together maintains that employing clerical employees under 3 different awards and continuing to refer to any pre modern awards could certainly lead to situations where confusion results in underpayment of employees as seen here. I apologise that I responded at this late hour but I have been out of the office most of the week. Regards Angela From: Rebecca Scott <[email protected]> Sent: Monday, 1 April 2019 5:03 PM To: 'Chambers - Millhouse DP' <[email protected]> Cc: Angela K. May <[email protected]>; Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Nade, I refer to your email below and provide the following responses, and attached undertakings to assist the Commission. 1. Pre-Approval Requirements Response: All employees engaged as at 13 March 2017 were sent an email containing a copy of the Notice of Employee Representational Rights (Notice) on the 13th of March. The second Notice was sent to staff on 18 April 2018 due to the lengthy negotiation process. The provision of the Notice was to ensure that any staff that had been engaged in the period 13 March 2017 to 18 April 2018 were aware of their rights in the negotiation process. 2. National Employment Standards

(i) Annual Leave - Undertaking provided

(ii) Notice of Termination – Undertaking provided

3. Better Off Overall Test (i) Rates of Pay Response Churches of Christ has now recognised through this process that some rates under the Agreement have fallen below those in the SCHCDS Award and Social and Community Services (Queensland) Award 2001 (Pre-Reform Award). The rates in the Award increased following the staff vote for approval, and as a result of the December 2018 application of the Equal Remuneration Order (ERO). This issue is being rectified in the next pay run with appropriate back pay made to the affected staff. Subclause B.2 of Schedule B provides for annual review and adjustment. Our comparison of Level 1.1 of the Agreement against Level 1 of the Aged Care Award shows that the Agreement rate is higher, $20.72 per hour against $20.12 per hour, however that Level 2.1 is lower $20.72 to $20.96) CofCQ agrees that the rates of pay in levels 1.3 to 2.2 inclusive are below the relevant rates in the Clerks Award and provide an Undertaking to amend those rates. Our comparison of Level 1.1 and 1.2 show that the Agreement rates are higher than the Award.

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Clerks Award CofCQ - BSS EA

Level 1—Year 1 $764.70 $20.12 Initial recruit

close direction

routine work

reception (directing of ph), basic records

Level 1—Year 1 $20.72

Level 1—Year 2 $802.50 $21.12 Level 1—Year 2 $21.20

Level 1—Year 3 $827.60 $21.78 Level 1—Year 3 $21.71

Level 2—Year 1 $837.40 $22.04 general direction

resp & accountable for own work

limited judgement & initiative

reception & respond to enquiries

computer work, travel bookings

general advice & information

Level 2—Year 1 $21.65

Level 2—Year 2 $852.90 $22.44 Level 2—Year 2 $22.37

Level 2—Year 3 $23.79

(ii) Ordinary Hours of Work – Weekend Penalties – Undertaking provided (iii) Ordinary Hours of Work – Spread of Hours – Undertaking provided (iv) Part-Time Overtime – Undertaking provided (v) Overtime – Undertakings provided (vi) Allowances – Clerks Uniform Allowance - Response

Uniforms are required only to be worn by administration staff in our residential aged care facilities (Clause 15.2(b) - Aged Care Award). Uniforms must not be worn in the children, youth and family space due to confidentiality and privacy concerns. Uniforms are not required to be worn in the Housing administration sites. The allowance provided is equivalent to the allowance in the Aged Care Award, where these are the only administrative staff required to wear a uniform. Meal Allowance – undertaking provided

(vii) Higher Duties – Undertaking provided (viii) Work Completeness Clauses 22 and 23 of the Agreement provide that employees that undertake work outside of their rostered hours in relation to on call work will be paid at ordinary rates. For the purposes of the SCHCDS Award, Clerks Award and Aged Care Award, overtime rates are considered to apply where an employee on call and is required to work outside of their rostered period of duty. Sincerely, Rebecca

Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse.

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Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Thursday, 28 March 2019 3:02 PM To: Rebecca Scott <[email protected]> Cc: [email protected]; Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Afternoon, Re: AG2018/5517 - Application by Churches of Christ in Queensland I refer to the above matter and your correspondence of yesterday’s date. The submission deadline has been extended to 16:00 on Monday, 1 April 2019. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au From: Rebecca Scott [mailto:[email protected]] Sent: Wednesday, 27 March 2019 10:14 AM To: Chambers - Millhouse DP Cc: [email protected]; Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good morning Nade I apologise, I have been on leave and am not returning to the office until tomorrow, Thursday 28 March. May I please request an extension to respond to the matters identified below? Sincerely Rebecca

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Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Wednesday, 20 March 2019 10:18 AM To: Rebecca Scott <[email protected]> Cc: [email protected]; Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good Morning, Re: AG2018/5517 - Application by Churches of Christ in Queensland Thank you for your correspondence dated 7 March 2019. Based on your response, the Commission has concluded its initial assessment of the Agreement, including an assessment of the better off overall test (BOOT) against the Aged Care Award 2010 (Aged Care Award), Clerks- Private Sector Award 2010 (Clerks Award), and Social, Community, Home Care & Disability Services Industry Award 2010 (SCHCDS Award). On review the application, the Deputy President has identified some preliminary concerns, outlined below.

1. Pre Approval Requirements Section 173(4) of the Far Work Act 2009 (the Act) expressly states that the Notice of Employee Representational Rights (Notice) must be given to each employee who will be covered by the proposed enterprise agreement as soon as practicable, and no later than 14 days, after the notification time. In response to Q.2.8 it is declared that notification of bargaining occurred on 13 March 2017. The Notice was given to employees the same day (13 March 2017), with the last Notice declared to have been given to an employee covered by the Agreement on 18 April 2018. Accordingly, on the face of the declaration, the Notice was not issued within the 14-day limitation period. The Deputy President asks Churches of Christ clarify whether all relevant employees engaged at notification time (13 March 2017) were provided with a copy of the Notice the same day by email. The Deputy President asks that Churches of Christ also clarify the reasons surrounding the second issuing of the Notice on 18 April 2018.

2. National Employment Standards

The following issues have been identified as potential concerns in relation to the National Employment Standards (NES). Churches of Christ is invited to provide a response to assist with the Deputy President’s consideration of these matters (or, of course, an undertaking may be provided).

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(i) Annual Leave Clauses 28.1(a) and 28.2(a) of the Agreement state that employees will be entitled to either 4 or 5 weeks’ annual leave at the end of each year of employment. This is inconsistent with s.87(2) of the Act which states that an employee's entitlement to paid annual leave accrues progressively during a year of service.

(ii) Notice of Termination

Clause 8.3 of the Agreement states that if an employee fails to give notice, the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary rate for the period of notice. The amount of notice that can be withheld by Churches of Christ does not appear to be offset any period of notice given.

3. Better Off Overall Test

(i) Rates of Pay The rates of pay in the Agreement for the majority of employees otherwise covered by the SCHCDS Award fall below the corresponding Award rates of pay. A further pay rate comparison against the Social and Community Services (Queensland) Award 2001 (Pre-Reform Award) also demonstrates that rates of pay in the Agreement fall below the majority of the higher Pre Reform Award rates. Further:

· the hourly rate of pay in the Agreement for employees classed as Level 1.1 is below the corresponding hourly rate of pay in the Aged Care Award; and

· the rates of pay in the Agreement for employees classed as Level 1.1 to Level 2.2 (inclusive) are below the corresponding hourly rates of pay in the Clerks Award.

(ii) Ordinary Hours of Work – Weekend Penalties

Clause 24.3(a) of the Agreement states that ordinary hours may be worked between 6.30am to 6.30pm Monday to Friday, and between 6.30am and 12.30pm on Saturdays. Under the terms of the Agreement, ordinary hours worked by all employees on a Saturday between the hours of 6.30am and 12.30pm, excluding casuals, is paid for at the rate of time and one half (150%). It appears that casuals in the Agreement are paid their ordinary premium of 25% in lieu of the Saturday weekend penalty (150%). The rates of pay in the Agreement for casuals otherwise covered by the Aged Care Award and the SCHCDS Award are not high enough to compensate the reduced Saturday weekend penalty.

(iii) Ordinary Hours of Work – Spread of Hours Clause 27.1(b) of the Agreement states that an entitlement to overtime is enlivened where an employee works outside the spread of ordinary hours on weekends, but does not expressly state that overtime payment is triggered for work outside the spread of ordinary hours on weekdays. Churches of Christ is invited to clarify the position on weekdays where the Agreement is silent.

(iv) Part-Time Overtime Clause 11.6 of the Clerks Award states that all time worked by a part-time employee in excess of the hours as agreed or varied will be overtime and paid for at the relevant overtime rates. Similarly, Clause 25.1(b)(iii) of the Aged Care Award states that for a part-time employee, all time worked in excess of their rostered hours on any one day will be overtime and paid at the rates prescribed. The Agreement is silent on the issue of part time overtime worked at the employer’s direction, in excess of agreed hours. Please clarify whether part-time employees will be directed to perform work outside of agreed hours.

(v) Overtime Clause 27 of the Agreement states that all employees with the exception of employees at classification levels 6 and 7 shall be entitled to overtime where the employee works outside the ordinary hours, as defined. The rates for level 6 and 7 employees who, but for the Agreement, would be covered by the SCHCDS Award, are not high enough to compensate them for working additional hours at ordinary rates.

(vi) Allowances – Clerks The Agreement reduces the allowances below for employees otherwise covered by the Clerks Award.

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· laundry allowance - $0.32 per shift or part thereof on duty or $1.49 per week (Agreement – Clause 18.1(b)); otherwise, $0.71 per shift or $3.55 per week (Clause 19.2 – Clerks Award);

· meal allowance - $12.88 in addition to any overtime payment (Agreement – Clause 18.3(a)); otherwise, $15.45 per occasion (Clause 19.3 – Clerks Award);

(vii) Higher Duties Clause 18.5 of the Agreement states that an employee who is called upon by the employer to perform the duties of another employee in a higher classification under this Agreement for five consecutive working days or more in any pay period shall be paid for the period for which duties are assumed at a rate of not less than the minimum rate prescribed for the higher classification. This is a less beneficial entitlement when compared to the relevant Awards:

· Clause 19.7 of the Clerks Award states that an employee, when required to perform any of the duties in a classification higher than their usual classification for more than one day must be paid the higher rate for the duties performed.

· Clause 27 of the Aged Care Award states that an employee engaged in any duties carrying a higher wage rate than the classification in which they are ordinarily employed in any one day or shift will be paid at the higher wage rate for the time so worked for two hours or less; or a full day or shift where the time so worked exceeds two hours.

(viii) Work Completeness

Clauses 22 and 23 of the Agreement provide that employees that undertake work outside of their rostered hours in relation to on call work will be paid at ordinary rates. For the purposes of the SCHCDS Award, Clerks Award and Aged Care Award, overtime rates are considered to apply where an employee on call and is required to work outside of their rostered period of duty.

(ix) Trainees Clause 42 of the Agreement states that trainees may be employed in accordance with the National Training Wage. Accordingly, trainees are paid equal to the relevant Awards. Subject to the resolution of the balance of the BOOT concerns, summarised above, the reductions in wages and entitlements may result in trainees failing to satisfy the BOOT. Undertakings

The Commission must not accept an undertaking unless it has sought the views of each person who the Commission knows is a bargaining representative for the agreement (s.190(4) of the Act). Therefore the Commission seeks the views of the bargaining representatives for the Agreement. Any views should be raised with the Commission no later than two business days after the Applicant’s response is received by the Commission. In the absence of any response from the bargaining representatives, the application may be determined based on the material before the Commission. Please provide your response to the concerns outlined above as soon as possible, but by no later than close of business on Tuesday, 26 March 2019. If you require additional time to respond to the concerns outlined or have any queries in relation to this correspondence, please contact Chambers. Yours sincerely, Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au

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From: Rebecca Scott [mailto:[email protected]] Sent: Thursday, 7 March 2019 3:06 PM To: Chambers - Millhouse DP Cc: [email protected]; Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good afternoon Churches of Christ has researched further the applicability of modern awards for comparative purposes for the approval of the proposed Churches of Christ in Qld Business Support Staff Enterprise Agreement 2018 (BSS EA). This has been in response to the request by the Deputy President to provide further analysis of the comparison between the proposed BSS EA and the Social, Community, Home Care and Disability Services Award 2010. The administrative staff engaged across all groups in the organisation include:

· Head Office (approx. 77 staff); · Child, Youth and Family (CYF), Housing, Community Care (approx. 68 staff); · Residential Aged Care (64 staff);

Employees engaged in accordance with the BSS EA provide services in a traditionally clerical / administrative nature, whether they are engaged at Head Office, or in the Services. In lodging the F17 we were mindful of comparators used prior to the award modernisation, and again following award modernisation where that information continued to be required as part of an EA approval process. This was not deviated from in our most recent lodgement, and the reasons the Clerks Private Sector Award 2010 (CPSA) Award was not applied as the only comparator is because:

1. The CPSA, at subclause 4.6, states that the Award does not cover employers covered by the Aged Care Award 2010, hence the Aged Care Award 2010 must be used as a comparator for staff engaged as clerical/administration in Aged Care Services.

2. The CPSA, at subclause 4.7, provides that “Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.” It is our approximation that 68 staff work on-site at the CYF, Housing and Community Care services

I have attached a comparison in classification structures as requested. Sincerely Rebecca

Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community.

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Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Monday, 4 March 2019 11:52 AM To: Rebecca Scott <[email protected]> Cc: [email protected]; Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]> Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Dear Ms Scott Deputy President Millhouse has granted your extension to file until close of business on Thursday, 7 March 2019. Kind regards MARGOT HAGEN Relief Associate to Deputy President Millhouse Fair Work Commission Tel: +613 8656 4605 Mob: +61 409 012 252 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au The Fair Work Commission acknowledges that our business is conducted on the traditional lands of Aboriginal and Torres Strait Islander peoples. We acknowledge their continuing connection to country and pay our respects to their Elders, past, present and emerging. From: Rebecca Scott [mailto:[email protected]] Sent: Monday, 4 March 2019 10:34 AM To: Chambers - Millhouse DP Cc: [email protected]; Sharron Frazer; Savaugn Pratt; Sam Hegarty; Patricia Dargent; Julie Brelsford; Gladys Mair Subject: RE: AG2018/5517 - Application by Churches of Christ in Queensland Good morning Nade, Please accept my apologies for not lodging the required paperwork. I have been on leave, and so request with the permission of the Commission an extension of time in which to respond to the question below. Sincerely Rebecca

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Rebecca Scott Industrial Relations Manager Human Resources Churches of Christ in Queensland 41 Brookfield Road Kenmore QLD 4069 P 07 3327 1694 M 0421 389 604 W http://www.cofc.com.au

Churches of Christ in Queensland acknowledges Aboriginal and Torres Strait Islanders as the Traditional Custodians of the lands on which we work, walk and live. We pay our respects to Elders past, present and emerging, recognising their continuing connection to country, waters and community. Churches of Christ in Queensland is committed to ensuring that children are safe, happy and empowered. We support and respect all children, and have a zero tolerance of child abuse. Please consider the environment before you print emails. This email message and any attachments may contain information that is either confidential or has a copyright, and is intended for the named recipient(s) only. If you are not the intended recipient, do not read, use, disseminate, distribute or copy any component of this message or its attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any form of unauthorised disclosure, modification, distribution, publication or use of this e-mail message is prohibited. Please note that opinions contained herein do not necessarily reflect the opinions of Churches of Christ in Queensland. Churches of Christ in Queensland ABN 28953930342, Churches of Christ Care ABN 22304038262 and Churches of Christ Housing Services Ltd ABN 25604517026 are the missional and care service entities of Churches of Christ in Queensland ARBN 147481436 (incorporated in Queensland). From: Chambers - Millhouse DP [mailto:[email protected]] Sent: Monday, 25 February 2019 3:19 PM To: Rebecca Scott <[email protected]> Cc: [email protected]; Sharron Frazer <[email protected]>; Savaugn Pratt <[email protected]>; Sam Hegarty <[email protected]>; Patricia Dargent <[email protected]>; Julie Brelsford <[email protected]>; Gladys Mair <[email protected]> Subject: FW: AG2018/5517 - Application by Churches of Christ in Queensland Good Afternoon, Re: AG2018/5517 - Application by Churches of Christ in Queensland I refer to the above application and today’s telephone conference before Deputy President Millhouse. Having regard to the parties’ submissions concerning award coverage including the material filed with the Commission to date, the Deputy President requests Churches of Christ in Queensland provide revised classification matching which more precisely identifies how the classifications in the Agreement relate to the classification streams in the Social, Community, Home Care and Disability Services Industry Award 2010 – being:

· social and community services sector; · home care sector; and · family day care scheme sector.

Currently, the classification matching at Attachment B of the Form F17 does not provide the detail required. A response to the above is to be provided as soon as practicable, and by no later than noon on Wednesday, 27 February 2019. Yours sincerely,

Page 22: From: Chambers - Millhouse DP [mailto:Chambers.Millhouse ... · Better Off Overall Test (i) Rates of Pay The hourly rate of pay in the Agreement for a Level 3.3 classed employee is

Nade Petreska Associate to Deputy President Millhouse Fair Work Commission Tel: +61 3 8656 4605 Fax: +61 3 9655 0401 [email protected] 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 www.fwc.gov.au