Decision: EBL Disability Services Inc

[2021] FWCA 2585
FairWork
Commission
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
EBL Disability Services Inc

(AG2021/4620)
EBL DISABILITY SERVICES INC ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI MELBOURNE, 7 MAY 2021
Application for approval of the EBL Disability Services Inc Enterprise Agreement 2021.
[1] EBL Disability Services Inc has applied for approval of a single enterprise agreement
known as the EBL Disability Services Inc Enterprise Agreement 2021 (the Agreement)
pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] EBL Disability Services Inc subsequently filed a complete version of the Agreement
including all pages of the Agreement as it was made. In the circumstances, I am satisfied that
the irregularity in the form and manner of the original application ought be waived and do so
pursuant to s.586 of the Act.
[3] Also since the application was made, the Commission raised concerns about whether
the pre-approval requirements were met and whether the Agreement passes the better off
overall test. Further information and evidence was provided in relation to these concerns.
[4] Written undertakings were given in accordance with s.190 of the Act and are attached
at Annexure A (Undertakings). I am satisfied that the Undertakings will not cause financial
detriment to any employee covered by the Agreement and that the Undertakings will not
result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the
Undertakings are taken to be terms of the Agreement.
[5] As there were no bargaining representatives appointed to represent the employees to

be covered by the Agreement the Commission took steps to ensure the relevant employees
were served with, and has received evidence that, the employees were informed of: the
application; the Commission’s concerns; the Applicant’s responses to those concerns; and
were invited to express their views (including about the Undertakings) and none opposed.
[6] On the basis of the material contained in the application, further information provided
on request of the Commission and the Undertakings, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
1
[2021] FWCA 2585
[7] The Agreement was approved on 7 May 2021 and, in accordance with s.54, will
operate from 14 May 2021. The nominal expiry date of the Agreement is 1 December 2024.
[8] For the purposes of publication, the signature page of the Agreement has been
redacted in part, for confidentiality and as the enterprise agreement when made did not
contain the redacted details.1
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE511369 PR729627>
1
The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.
2
[2021] FWCA 2585
Annexure A
27 Apri l 202 1
Deputy Presi dent Mansini

Fa ir W ork Comm ission
By email: chambers .mansini.dp@fwc.gov.au
Dear Deputy President Mansini
Re: AG2021 Application by EBL Disability Services Inc - Undertakings
I, Wendy Warren, Ch ief Executive Office r of EBL Disabi lit y Servi ces Inc ('EBL'), give the fol lowi ng
undertaki ngs with respect to the EBL Disability Services Inc Enterprise Agreement 2021 (the
'Agreement') :
1. I have authorit y to provi de t hese underta ki ngs on beha lf of EB L.
2. Clause 16 M eal brea ks
EBL underta kes that clause 16.l(b) is deleted and rep laced with a new clause 16.l (b) w hich
states :
Where an emp loyee is req uired to w ork du ring a mea l brea k and continuously thereafter, they
wi ll be pa id overtime for al l t ime worked until the meal brea k is ta ken .
3. Clause 17 Annua l w age increase
EBL underta kes that both the quantum and t iming of the w age increases in cla use 17.2 will
be as specified by FWC in its Annua l Wage Decision each year, such that the w age rates will
at all time be no less than the re levant Aw ard rate .
4. Clause 17 Bonus
EBL underta kes that in add it ion to the bonus payab le under clause 17.3, and add it iona l
Ch ri stmas bonus of a $100.00 gift voucher will be provided to each employee in the fu ll pay
peri od immed iately before Christmas day each yea r.
5. Clause 19 Motor Veh icle allow ance
EBL underta kes that the motor veh icle allow ance specified in clause 19.3 will be $0.80 per
km, consiste nt wit h the amount specified in Table B.2 of Schedu le B, and will be adjusted in
acco rdance with the provi sions of Schedu le B.
6. Clause 22 Shift work
EBL underta kes to delete clause 22.2(b) and replace with the fo ll owi ng;
Defin it ions
(i) Afternoon shift means any sh ift that fin ishes after 6.00 pm, but before 12 midn ight,
Monday to Friday.
(ii) Night shift means any sh ift w hich fi nishes after midn ight or commences befo re 6am,
Monday to Friday.
(iii) A public holiday shift means any t ime worked betw een midnight on the night prio r
to the pub lic hol iday and midn ight of the pub li c holi day.
7. Schedule A - SACS Level 1
3
[2021] FWCA 2585
EBL underta kes that at Schedule A.l(s) of the Agreement the reference to the comp letion of
1976 hours of industry experience is rep laced by 1400 hours, cons istent w ith the provision
of clause 14.4(b) of the Agreement .
8. Schedu le C Pandem ic provisions
EBL underta kes to add a new Schedu le D as follow s:
Schedule D -Additional measures during the Covid-19 pandemic

1. Schedu le D operates from the date of approval of this agreement until 31 December 2021.
2. The fo llowing provisions app ly:
a) Unpaid pandemic leave
(i) Subject to clauses D.2 (a)( ii), (iii), and (iv), any employee is entit led to ta ke up to 2 wee ks'
unpa id leave if the emp loyee is requ ired by government or medica l authorit ies or on the
advice of a medica l practitioner to se lf-isolate and is consequent ly prevented from w orking,
or is otherwise prevented from working by measures ta ken by government or medica l
authorities in response to the COVID-19 pandem ic.
(ii) The emp loyee must give the ir emp loyer notice of the ta ki ng of leave under clause D.2(a)( i)
and of the reason the emp loyee requ ires the leave, as soon as practicable (w hich may be a
t ime after the leave has started ).
(iii) An emp loyee w ho has given the ir emp loyer notice of tak ing leave under clause D.2(a)( i)
must, if requ ired by the employer, give the employer ev idence that w ould satisfy a
reasonab le person that the leave is ta ken for a reason given in clause D.2(a )( i).
(iv) A period of leave under clause D.2(a)( i) must start before 31 December 2021, but may end
after that date.
(v) Leave ta ken under clause D.2(a)(i ) does not affect any other pa id or unpa id leave entitlement
of the employee and counts as service for the purposes of ent it lements under this aw ard
and the NES.
b) Annual leave at half pay
(i) Instead of an employee ta ki ng paid annual leave on fu ll pay, the emp loyee and the ir
employer may agree to the employee ta ki ng t w ice as much leav e on half pay.
(ii) Any agreement to ta ke twice as much annual leave at ha lf pay must be recorded in writing
and reta ined as an emp loyee record .
(iii) A period of leave under clause D.2(b)(i ) must start before 31 December 2021, but may end
after that date.
EXAMPLE : Instead of an employee ta king one wee k's annual leave on fu ll pay, the employee
and their employ er may agree to the emp loyee taking 2 w ee ks' annua l leave on half pay. In
th is example:
• the emp loyee's pay for the 2 wee ks' leave is the same as the pay the emp loyee w ou ld have
been entitled to for one wee k' s leave on ful l pay (where one week' s fu ll pay includes leave
loading under the Annua l Leave clause of th is aw ard ); and
4
[2021] FWCA 2585
• one w eek of leave is deducted from the emp loyee' s annua l leave accrual.
NOTE 1: A employee co vered by th is aw ard w ho is entit led to the benefit of clause D.2(a) or (b) has a
workplace right under section 341 (1)( a) of the Act .
NOTE 2: Under sect ion 340(1) of the Act, an emp loyer must not ta ke adverse action aga inst an
emp loyee because the employee has a wo rkplace right, has or has not exercised a workplace right,
or proposes or does not propose to exercise a w orkplace right, or to prevent the emp loyee
exercising a w orkplace ri ght. Under section 342 (1) of t he Ag, an employer ta kes adverse action
aga inst an emp loyee if the emp loyer dism isses the emp loyee, inj ures the emp loyee in his or her
emp loyment, alters the pos ition of the emp loyee to the emp loyee' s prejud ice, or discrim inates
betw een the emp loyee and other emp loyees of the emp loyer.
NOTE 3: Under sect ion 343 (1) of the Act, a person must not organ ise or ta ke, or threaten to organise
or ta ke, action aga inst another pe rson with intent to coerce t he person to exercise o r not exercise,
or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a
workplace right in a particu lar w ay.
These underta ki ngs are provi ded based on issues raised by the fair Work Comm iss ion in the current
appli cation.
Yours sincerely
Wendy Warren
Ch ief Executive Officer

EBL Disabi lit y Services Inc
5
EBL Disability Services Inc Enterprise Agreement 2021
~~~
e Uu I Disa~ility
Services
Enabl l!l 8 • t I l I' yl

Enterprise Agreement 2021
Note - this Agreement is to be read together with undertakings given by the

employer. The undertakings are taken to be terms of the agreement. A copy of
the undertakings can be found at the end of the agreement.
Page 1 of 65
Part 1 - Application and operation of the agreement

1. Title
1.1 This Enterprise Agreement shall be known as the EBL Disability Services Inc Enterprise
Agreement 2021.
2. Arrangement
Contents
Part 1- Application and operation of the agreement .......................................... ............. .. ........... ...... 2
1. Title ............................................................................................................................................. 2
2. Arrangement .................................................................................................................. ... ..... .... . 2
3. Anti-discrimination ..................................................................................................................... 3
4. Definitions .................................................................................................................................. 4
5. Coverage, commencement and date of operation .............................................................. ..... 4
6. Relationship to Award and NES .............................................................................. ................. .. 5
7. Objectives ............................................................................................. ........................ ............ .. 5
8. Individual flexibility agreements ............................................................................................... 5
9. Requests for flexible working arrangements ............................................................................ 6
Part 2 - Types of Employment and Classifications .................................................................... ............ 7
10. Types of employment ..................................................................................................... ........ 7
11. Full-time employment ............................................................................................................ 8
12. Part-time employment ........................................................................................................... 8
13. Casual employment ................................................................................................................ 8
14. Classifications ....................................................................................................................... 10
Part 3 - Hours of Work .......................................................................................................................... 11
15. Ordinary hours and rostering arrangements ...................................................................... 11
16. Breaks ........................................................................................................................ ........... 14
Part 4 - Wages and Allowances ........................................................................................................... 14
17. Minimum wages and bonus ................................................................................................. 14
18. Payment of wages and salary sacrifice ................................................................................ 15
19. Allowances ............................................................................................................................ 17
20. Superannuation ............................................................................................................. ....... 19
Part 5 - Overtime and Penalty rates ................................................................................................... 20
21. Overtime .................................................................................................................. ......... .... 20
22. Penalty rates and shiftwork ........................................................... ... ................................... 23
Page 2 of 65
Part 6 - Leave, Public Holidays and Other NES Entitlements ............................................................. 24
23. Annual leave ....................................................................... ..... ..... .. .............................. ........ 24
24. Personal/carer's leave and compassionate leave ...................................... .......... ............... 28
25. Parental leave ........................................................................................................ ............... 29
26. Community service leave ............................................................................................ ......... 29
27. Ceremonial leave ...................................................................................... ..... ........... ............ 30
28. Leave to deal with family and domestic violence .......... ... .................................................. 30
29. Public holidays ................................................................................................................ ..... . 32
30. Special leave ......................................................................................................................... 33
Part 7 - Consultation and Dispute Resolution .................................................................................... 33
31. Consultation and introduction of change ............................................................................ 33
32. Dispute resolution procedure .................. ...................................... ..................................... . 35
33. Recognition of worksite representatives ............................................................................ 37
34. Employee representation ............................................................................. ..... ................... 3 7
35. Trade union training leave ................................................................................................... 37
36. Notice Board ..... .................................................................................................................... 38
37. Employee meetings .............................................................................................................. 38
38. Declarations ................................................................................. ........................... .............. 38
Part 8 - Termination of Employment and Redundancy ...................................................................... 39
39. Termination of employment ................................................................................................ 39
40. Redundancy .......................................................................................................................... 40
Signatories ............................................................................................................................................ 42
Schedule A - Classification definitions ................................................................................................ 44
Schedule B - Minimum wages and allowances ................................................................................... 63
Schedule C - Part-day public holidays ................................................................................................. 65
3. Anti-discrimination
3.1 It is the intention of EBLDS to respect and value the diversity of the workforce by
helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual
preference, age, physical or mental disability, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction or social origin.
3.2 Accordingly, in fulfilling their obligations under clause 3.3 - Dispute

settlement/resolution procedure, EBLDS must make every endeavour to ensure that
Page 3 of 65
neither the Agreement nor their operations are directly or indirectly discriminatory in
their effects.
3.3 Nothing in this clause is to be taken to affect:
(a) Any different treatment (or treatment having different effects) which is specifically
exempted under state or Commonwealth anti-discrimination legislation;
(b) An employee, employer or registered organisation, pursuing matters of

discrimination in any State or Federal jurisdiction.
4. Definitions
4.1 The "Act" means the Fair Work Act 2009.
4.2 "FWC" means the Fair Work Commission.
4.3 "Agreement" means the EBL Disability Services Inc Enterprise Agreement 2020.
4.4 "Award" means the Social, Community, Home Care and Disability Services Industry
Award 2010.
4.5 "Disability support worker" means an employee engaged to provide disability services
including the provision of personal care and domestic and lifestyle support to a
person with a disability in a community and/or residential setting including respite
centre and day services.
4.6 "Employees" means all workers employed under the Social and Community Services
Employees classifications set out in Schedule A. The position of Chief Executive Officer is
not subject to this Agreement.
4. 7 "Employer" means EBL Disability Services Inc (EBLDS).
4.8 "NES" means the National Employment Standards as contained in sections 59 to 131 of
the Act.
4.9 "Standard rate" means the minimum award weekly wage prescribed for SACS Level 3.3,
before the addition of the Equal Remuneration component, and is $1006.10 at the
commencement of this Agreement. The standard rate will be varied in accordance with
any future variations of the award rate by the Fair Work Commission.
4.10 "Union" means United Workers Union, South Australian Branch.
5. Coverage, commencement and date of operation

5.1 This Agreement shall apply to:
(a) EBL Disability Services Inc (EBLDS); and
(b) Employees of EBLDS who are employed in roles classified under the classification
definitions of Schedule A; excluding
(i) The Chief Executive Officer; and
(ii) Trainees as defined by the Fair Work Act.
Page 4 of 65
5.2 This Agreement shall operate, in accordance with section 54 of the Act, from 7 days
after the Agreement is approved by the FWC and shall expire on 1 December 2024.
6. Relationship to Award and NES

6.1 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.
6.2 This Agreement replaces the operation of the Award unless a specific provision of this
Agreement states otherwise.
7. Objectives
7.1 Commitment to Quality Care - EBLDS is committed to the highest quality of care and
service.
7.2 The Agreement aims at continually improving communication, consultation in relation

to major change and cooperation at the workplace level between management and
staff. The Agreement recognises the important contribution of staff members to
ensuring EBLDS's future.
7.3 The Agreement will enable the parties to develop and implement strategies that are
designed to recognise and achieve productivity improvements at the workplace,
without impairing quality of service, to further improve productivity and enhance job
satisfaction, security and remuneration in a stable employee relations environment.
8. Individual flexibility agreements

8.1 Notwithstanding any other provision of this agreement, an employer and an individual
employee may agree to vary the application of certain terms of this agreement to meet
the genuine individual needs of the employer and the individual employee. The terms
the employer and the individual employee may agree to vary the effect of the terms of
the Agreement if:
(a) The agreement deals with one or more of the following
(i) Arrangements for when work is performed; or
(ii) Overtime rates; or
(iii) Penalty rates; or
(iv) Allowances; or
(v) Leave loading.
(b) the arrangement meets the genuine needs of the employer and employee in relation
to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
8.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
Page 5 of 65
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and result in
the employee being better off overall than the employee would be if no
arrangement was made.
8.3 The employer must ensure that the individual flexibility agreement;
(a) is in writing; and
{b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of
age, signed by a parent or guardian of the employee; and
(d) includes 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
(e) states the day on which the arrangement commences
8.4 The employer must give the employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
8.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days' written notice to the other party to the
arrangement; or
{b) if the employer and employee agree in writing - at any time.
9. Requests for flexible working arrangements

9.1 Employee may request change in working arrangements
(a) This clause applies where an employee has made a request for a change in working
arrangements under s65 of the Act.
Note 1: Section 65 of the Act provides for certain employees to request a change in their
working arrangements because of their circumstances, as set out in s.65{1A).
Note 2: An employer may only refuse a s.65 request for a change in working arrangements
on 'reasonable business grounds' (see s.65(5) and (SA)) .
Note 3: Clause 9 is in addition to s.65.
9.2 Responding to the request
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:
(a) The needs of the employee arising from their circumstances;
Page 6 of 65
(b) The consequences for the employee if changes in working arrangements are not
made; and
(c) Any reasonable business grounds for refusing the request.
Note 1: The employer must give the employee a written response to an employee's s.65
request within 21 days, stating whether the employer grants or refuses the request (s.65(4)).
Note 2: If the employer refuses the request, the written response must include details of the
reasons for the refusal (s.65(6)).
9.3 What the written response must include if the employer refuses the request
Clause 9.3 applies if the employer refuses the request and has not reached an
agreement with the employee under clause 9.2.
(a) 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.
(b) If the employer and employee could not agree on a change in working arrangements
under clause 30A.2, 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.
9.4 What the written response must include if a different change in working
arrangements is agreed
If the employer and the employee reached an agreement under clause 30A.2 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.
9.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and
responded to the request in the way required by clause 30A, can be dealt with under
clause 30 - Dispute resolution .
Part 2 - Types of Employment and Classifications

10. Types of employment
10.1 Employees under this Agreement will be employed in one of the following categories:
(a) Full-time;
(b) Part-time; or
(c) Casual.
Page 7 of 65
10.2 At the time of engagement the employer will inform each employee whether they are
employed on a full-time, part-time or casual basis.
11. Full-time employment

A full-time employee is one who is engaged to work 76 hours per fortnight or an
average of 76 hours per fortnight.
12. Part-time employment

12.1 Definition of part-time employee:
(a) A part-time employee is one who is engaged to work less than 38 hours per week or
an average of less than 38 hours per week and who has reasonably predictable hours
of work.
(b) The terms of this Agreement will apply to part-time employees on a pro rata basis on
the basis that the ordinary weekly hours of work for full-time employees are 38.
(c) Before commencing employment, the employer and the employee will agree in
writing on a regular pattern of work including the number of hours to be worked
each week, the days of the week the employee will work and the starting and
finishing times each day. Any agreed variation to the regular pattern of work will be
recorded in writing.
12.2 All wage related entitlements such as annual leave, personal/carers leave, redundancy,
etc. will be accrued on a pro-rata basis, based on the full-time hours of 76 per fortnight,
and calculated on the part time employee's actual ordinary hours worked.
12.3 An employee who is engaged as a part-time employee will have a minimum

engagement period of two hours.
13. Casual employment

13.1 A casual employee is one who is engaged and paid as such but will not include a part-
time or full-time employee. There is no guarantee of ongoing employment at any time,
regardless of the employee's length of service.
13.2 A casual employee is not entit led to any paid leave entitlements (other than long
service leave subject to meeting the required eligibility conditions), payment for public
holidays not worked, notice on termination or redundancy payments. The casual
loading compensates for these entitlements.
13.3 The casual hourly rate of pay includes a casual loading. This loading will be at a rate of
25% and is paid as compensation for the lack of job security and paid entitlements
specified in clause 13.2.
13.4 For each engagement, a casual employee must be paid the following minimum number
of hours, at the appropriate rate, for each engagement:
(a) Disability support workers- 2 hours
(b) Other employees classified as SACS employees - 3 hours.
13.5 Right to request casual conversion
Page 8 of 65
(a) A person engaged as a regular casual employee may request that their employment
be converted to ongoing full-time or part-time employment.
(b) A regular casual employee is a casual employee who has in the preceding period of
12 months worked a pattern of hours on an ongoing basis which, without significant
adjustment, the employee could continue to perform as a full-time or part-time
employee under the provisions of this Agreement.
(c) A casual employee who has worked an average of 38 or more hours a week in the
period of 12 months' casual employment may request to have their employment
converted to ongoing full-time employment.
(d) A casual employee who has worked at the rate of an average of less than 38 hours a
week in the period of 12 months' casual employment may request to have their
employment converted to part-time employment consistent with the pattern of
hours worked during that period.
(e) Any request under this subclause must be in writing and provided to the employer.
(f) Where a casual employee seeks to convert to ongoing full-time or part-time

employment, the employer may agree to or refuse the request, but the request may
only be refused on reasonable grounds and after there has been consultation with
the employee.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual employee's hours of work
in order for the employee to be engaged as a full-time or part-time employee in
accordance with the provisions of this agreement;
(ii) it is known or reasonably foreseeable that the casual employee's position will
cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the casual
regular employee is required to perform will be significantly reduced in the in the
next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the
days and/or times at which the employee's hours of work are required to be
performed in the next 12 months which cannot be accommodated within the
days and/or hours during which the employee is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are
known or reasonably foreseeable.
(i) Where the employer refuses a casual employee's request to convert, the employer
must provide the casual employee with the employer's reasons for refusal in writing
within 21 days of the request being made. If the employee does not accept the
employer's refusal, this will constitute a dispute that will be dealt with under clause
32 (Dispute Resolution Procedure) of this Agreement.
(j) Where it is agreed that a casual employee will have their employment converted to
full-time or part-time employment as provided for in this clause, the employer and
employee must discuss and record in writing:
Page 9 of 65
(i) the form of employment to which the employee will convert - that is, ongoing
full-time or part-time employment; and
(ii) if it is agreed that the employee will become a part-time employee, the matters
referred to in clause 12.1 (c).
(k) The conversion will take effect from the start of the next pay cycle following such
agreement being reached unless otherwise agreed.
(I) Once a casual employee has converted to full-time or part-time employment, the
employee may only revert to casual employment with the written agreement of the
employer.
(m) A casual employee must not be engaged and/or re-engaged (which includes a refusal
to re-engage), or have their hours reduced or varied, in order to avoid any right or
obligation under this clause.
(n) Nothing in this clause obliges a casual employee to convert to full-time or part-time
employment, nor permits the employer to require a casual employee to so convert.
(o) Nothing in this clause requires the employer to increase the hours of a casual
employee seeking conversion to full-time or part-time employment.
(p) The employer must provide all casual employees with a copy of the provisions of this
subclause within the first 12 months of the employee's first engagement to perform
work.
(q) A casual employee's right to convert is not affected if the employer fails to comply
with the notice requirements in sub-clause 13.4(p).
14. Classifications
14.1 Classification definitions are set out in Schedule A-Classification Definitions.
14.2 The Employer must advise employees in writing of their classification upon
commencement and of any subsequent changes to their classification.
14.3 The employer may direct an employee to carry out such duties that are within the limits
of the employee's skill, competence and training, consistent with the respective
classification.
14.4 Progression through paypoints
(a) At the end of each 12 months' continuous employment, an employee will be eligible
for progression from one pay point to the next within a level.
(b) Provided that at level 1, part-time and casual employees who are engaged in
disability support work (as described in Schedule A.1(n)) must complete not less than
1400 hours of industry experience before they can be eligible to move to the next
pay point.
(c) Movement to a higher classification level will only occur by way of promotion or
re-classification.
(d) All employees are required to participate in a Staff Appraisal Scheme, on an annual
basis.
Page 10 of 65
Part 3 - Hours of Work

15. Ordinary hours and rostering arrangements
15.1 Ordinary hours of work
(a) The ordinary hours of work will be 76 hours per fortnight or an average of 76 hours
per fortnight in shifts not exceeding 10 hours each.
15.2 Span of hours
(a) The ordinary hours of work for a day worker will be worked between 6.00 am and
6.00 pm Monday to Sunday.
(b) The ordinary hours of work for a shiftworker are worked in accordance with clause
22.2.
15.3 Rostered days off
Employees, other than a casual employee, will be free from duty for not less than
two full days in each week or four full days in each fortnight or eight full days in each
28 day cycle. Where practicable, days off will be consecutive.
15.4 Rest breaks between rostered work
(a) An employee will be allowed a break of not less than 10 hours between the end of
one shift or period of duty and the commencement of another.
(b) Notwithstanding the provisions of subclause (a), by agreement between the

employee and employer, the break between:
(i) The end of a shift and the commencement of a shift contiguous with the start of a
sleepover; or
(ii) A shift commencing after the end of a shift contiguous with a sleepover;
may not be less than 8 hours.
15.5 Rosters
(a) The ordinary hours of work for each employee will be displayed on a roster in a place
conveniently accessible to employees. The roster will be posted at least 14 days
before the commencement of the roster period.
(b) Rostering arrangements and changes to rosters may be communicated by

telephone, direct contact, mail, email or facsimile or any electronic means of
communication.
(c) It is not obligatory for the employer to display any roster of the ordinary hours of
work of casual or relieving staff.
(d) Employees have a responsibility to advise the roster coordinator of any changes
required to their rostered shifts, or that have occurred during a roster period, from
time to time, at least two days prior to a pay run. Failure to do so may result in an
incorrect timesheet being submitted for payment, which will not be corrected until
the following pay run.
Page 11 of 65
15.6 Change in roster
(a) Seven days' notice will be given of a change in a roster. However, a roster may be
altered at any time to enable the service of the organisation to be carried on where
another employee is absent from duty on account of illness, or in an emergency.
(b) This clause 15.6 will not apply where the only change to the roster of a part-time
employee is the mutually agreed addition of extra hours to be worked such that the
part-time employee still has four rostered days off in that fortnight, as the case may
be.
15. 7 Broken shift
This clause only applies to support employees
(a) A broken shift will mean a shift worked by an employee that includes one or more
breaks greater than one hour (other than a meal break) and where the span of hours
is not more than 12 hours.
(b) All work performed beyond the maximum span of 12 hours for a broken shift will be
paid at double time.
(c) Payment for a broken shift will be at ordinary pay plus an additional 10% paid for all
ordinary hours worked that do not attract the afternoon or night shift penalties.
(d) Where part of the broken shift is worked during hours that would attract a shift
penalty that penalty will be applied to those hours worked, instead of the 10%
aforementioned, in accordance with clause 22.2 - shift work.
(e) The provisions of clause 15.7 (c) do not apply when an employee requests, and is
authorised, to work hours other than those displayed on the roster.
(f) Employees required to work broken shifts must be reimbursed for fares actually
incurred to a maximum ofthe amount provided for by clause 19.3(c) and Schedule B
for the second portion of the broken shift only. This amount will be adjusted in
accordance with Schedule B.
(g) The additional payments prescribed by this clause do not form part of the
employee's ordinary pay for the purposes of this Agreement.
(h) A broken shift allowance will only be paid if the shift does not attract overtime
payments.
15.8 Sleepover
(a) A sleepover means when an employer requires an employee to sleep overnight at

premises where the client for whom the employee is responsible is located
(including respite care) and is not a holiday arrangement pursuant to clause 15.9 of
this Agreement.
(b) The provisions of 15.5 apply for a sleepover. An employee may refuse a sleepover in
the circumstances contemplated in 15.6 (a) but only with reasonable cause.
(c) The span for a sleepover will be a continuous period of eight hours.
Page 12 of 65
(d} Employees will be provided with a separate room with a bed, use of appropriate
facilities (including staff facilities where these exist} and free board and lodging for
each night when the employee sleeps over.
(e} The employee will be entitled to a sleepover allowance, as prescribed by Schedule B,

for each night on which they sleep over.
(f) In the event of the employee on sleepover being required to perform work during
the sleepover period, the employee will be paid for the time worked at the
prescribed overtime rate with a minimum payment as for one hour worked. Where
such work exceeds one hour, payment will be made at the prescribed overtime rate
for the duration of the work. For example:
(i} If a fulltime employee is required to work for 15 minutes on a weeknight, they

will be paid for one hour at time and a half, whereas if it is on a Sunday morning
the payment will be double time; if
(ii} If an employee is required to work for 15 minutes on two occasions during the
night, they will be paid for a total of one hour at the prescribed overtime rate;
and
(iii} If an employee is required to work for a total of 2 hours they will be paid for 2
hours at the prescribed overtime rate.
(g} The employer may roster an employee to perform work immediately before and/or
immediately after the sleepover period, but must roster the employee or pay the
employee for at least four hours' work for at least one of these periods of work.
(i} For clarity, in accordance with clause 22.2(d}, all work contiguous with a
sleepover, both immediately before and after the sleepover, will constitute a
single continuous sleepover shift;
(ii} Any shift penalty will be determined in accordance with clause 22 for the whole
continuous sleepover shift.
(iii) The payment prescribed by subclause 15.8(e} will be in addition to the minimum
payment prescribed by this subclause.
(h} The dispute resolution procedure in clause 32 of this Agreement applies to the
sleepover provisions.
15.9 Client holiday and excursion arrangements

(a} Where an employee agrees to accompany a client on holidays and other excursions
involving overnight stays away from home, the following provisions will apply:
(i} Payment at the ordinary rate for up to 10 ordinary hours of work on active duty
between the hours of 8.00am to 6.00pm, Monday to Friday;
(ii} Payment at the applicable weekend or public holiday rate for up to 10 ordinary
hours of work on active duty between the hours of 8.00am to 6.00pm, on
weekends and public holidays;
(iii} EBLDS and the employee may agree to accrual of time instead of overtime
payment for all other hours; and
(iv) Payment of the Sleepover Allowance, as per Schedule B.
Page 13 of 65
(b) Where an employee involved in holiday or excursion activities is required to work on

a Saturday and/or Sunday, the days worked in the two week cycle, including that
weekend, will not exceed 10 days.
16. Brea ks
16.1 Meal Breaks
(a) By arrangement with the employees on each shift an unpaid meal break will be
allowed which will be not less than thirty minutes but not more than sixty minutes
and which will be free of all duty, provided that the meal break on the night shift will
not exceed thirty minutes. Such meal breaks are not regarded as working time.
(b) When an employee is interrupted during a meal break by a call to duty, the extent of
the interruption will be counted as time worked and the employee must be allowed
to continue their meal break as soon as practicable. Should it be impracticable for
the employee to complete their meal break during the remainder of the ordinary
working hours, the employee will receive the appropriate overtime pay for the time
so worked.
(c) Where an employee is required by the employer to have a meal with a client or
clients as part of the normal work routine or client program, they will be paid for the
duration of the meal period at the ordinary rate of pay, and clause 16.1(a) does not
apply. This paid meal period is to be counted as time worked .
16.2 Tea breaks
(a) Every employee will be entitled to a paid 10 minute tea break in each four hours
worked at a time to be agreed between the employer and employee.
(b) Tea breaks will count as time worked.
(c) In disability support work, the taking of tea breaks will be arranged to ensure that
taking tea breaks does not result in the neglect of clients. This may include
measures such as staggering breaks among team members, or if necessary, taking
breaks in the presence of clients, similar to the taking of meal breaks.
Part 4 - Wages and Allowances

17. Minimum wages and bon us
17.1 The minimum wage rates at the commencement of this Agreement are set out In
Schedule B.
17.2 Future wage increases will be in accordance with National Wage decisions of the Fair
Work Commission.
Page 14 of 65
17 .3 A one-off lump sum bonus will be paid on the following basis for the first full pay period
on or after the approval of this Agreement:
Job roles Staff who average 20 or Staff who average less

more hours per week in than 20 hours per week
the 3 months prior to in the 3 months prior to
the date of approval the date of approval
House Managers $200.00 $100.00

and Team Leaders
All other staff $100.00 $50.00
17.4 Higher duties
An employee who is called upon to perform the duties of another employee in a higher
classification under this Agreement for a period of five consecutive working days or
more will be paid for the period for which duties are assumed at a rate not less than the
minimum rate prescribed for the classification applying to the employee so relieved.
18. Payment of wages and salary sacrifice

18.1 Wages must be paid fortnightly by cheque or electronic funds transfer, as determined
by the employer, into the bank or financial institution account nominated by the
employee .
18.2 Payment on termination of employment
(a) The employer must pay an employee no later than 7 days after the day on which the
employee's employment terminates:
(i) the employee's wages under this award for any complete or incomplete pay
period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under paragraph (a) is subject to
further order of the Commission and the employer making deductions authorised by
this award or the Act.
Note 1: Section 117(2) of the Act provides that an employer must not terminate an
employee's employment unless the employer has given the employee the required
minimum period of notice or "has paid" to the employee payment instead of giving
notice.
Note 2: Paragraph (b) allows the Commission to make an order delaying the
requirement to make a payment under this clause. For example, the Commission
could make an order delaying the requirement to pay redundancy pay if an employer
makes an application under s.120 of the Act for the Commission to reduce the
amount of redundancy pay an employee is entitled to under the NES.
18.3 Salary sacrifice
Page 15 of 65
(a) Salary packaging allows employees to receive the maximum value of non-salary
benefits provided concessional treatment by the Fringe Benefits Tax laws in a form
other than take home pay.
(b) Gross salary is reduced by the amount of the fringe benefits paid by the employer.
The net gross salary is then subject to "Pay-As-You-Go" (PAVG) tax.
(c) All existing entitlements (i.e., employer superannuation, leave loading, penalties,
and overtime) will be based on the "pre-package" salary.
(d) All employees covered under this Agreement have access to salary packaging
arrangements subject to the following provisions:
(e) Entry into salary packaging arrangement is only to occur with the genuine consent of
both parties. Employees have the right to take the agreement salary rate only.
(f) Employees wishing to access salary packaging must indicate in writing that:
(i) they have sought independent expert advice in relation to entering into such an
arrangement; and
(ii) they understand that in the event that Fringe Benefits Tax (FBT) becomes payable
on the benefits items which are selected, the salary packaging arrangement shall
lapse and a new arrangement will be put in place whereby the total cost of salary
packaging to the employer does not increase. If the employee elects to continue
with packaging the cost of the payment of the FBT will be passed back to
him/her, or benefit items can be converted back to salary to be taxed at the
relevant PAVG tax rate; and
(iii) they understand that the employer will meet the payroll costs associated with
managing the salary package and that individual employees will meet the costs of
the administrative component of managing the salary package as determined and
advised by the Employer or bureau selected to administer packaging. They agree
to meet the administrative component by salary deduction or other means
determined appropriate by the Employer; and
(iv) that upon resignation or termination of employment the employer shall be, by
deduction from final payments or upon demand, reimbursed any amounts of
over-expenditure.
(g) Benefits available to be packaged may include the following, but are not limited to:
(i) Mortgage
(ii) Personal loan payments
(iii) Motor vehicle payments and running costs
(iv) Superannuation (employee contribution)
(v) Work-related education expenses (not HECS)
(vi) Health, Life & Disability Insurance
(vii) Child minding expenses
(viii) Rental payments
(ix) School fees
Page 16 of 65
(h) An employee may have superannuation, as well as up to three other separate

approved benefits paid under a packaging arrangement, provided that the total
payment to benefits (excluding superannuation) does not exceed the limit
prescribed by the Government for the year.
(i) An employee may cancel a salary packaging arrangement by giving one month's
written notice.
19. Allowances
19.1 The employer will pay to an employee the allowances the employee is entitled to under
this clause. See Schedule B for a summary of monetary allowances and method of
adjustment.
19.2 Wage-related allowances
(a) First aid allowance
(i) Employees who are appointed by the employer as First Aid Officer(s) for the
purposes of providing first aid to employees employed by EBLDS, will be entitled
to a First Aid Allowance of 1.67% of the standard rate, which on the
commencement of this Agreement is $16.80 per week as prescribed in Schedule
B.
(ii) First Aid Officer(s) will be provided with relevant training, with EBLDS meeting the
associated costs. Time spent by appointed First Aid Officers in training will be
paid as time worked.
(iii) The first aid allowance in 19.2(a)(ii) will apply to eligible part time and casual
employees on a pro rata basis on the basis that the ordinary weekly hours of
work for full-time employees are 38.
(b) On call allowance
(i) An employee required by the employer to be on call (i.e. available for recall to
duty) will be paid an allowance of 2.0% of the standard rate, as set out in
Schedule B and which on the commencement of this Agreement is $20.12, for
any 24 hour period or part thereof during the time of finishing ordinary duty on
Monday to the time offinishing ordinary duty on Friday.
(ii) The allowance will be 3.96% of the standard rate, as set out in Schedule Band
which on the commencement of this Agreement is $39.84, in respect of any other
24 hour period or part thereof, or any public holiday or part thereof.
(c) Heat allowance
(i) Where work continues for more than two hours in temperatures exceeding
46 degrees Celsius employees will be entitled to 20 minutes rest after every two
hours' work without deduction of pay.
(ii) It will be the responsibility of the employer to ascertain the temperature .
(iii) For employees who were employed at EBLDS prior to 8 August 1991, the
amounts set out in Schedule B will be paid.
Page 17 of 65
19.3 Expense-related allowances
(a) Clothing and equipment
(i) Uniforms are not required. Any equipment required will be supplied by the
employer.
(b) Meal allowances
An employee will be supplied with an adequate meal where an employer has

adequate cooking and dining facilities or be paid a meal allowance of $13.56 in
addition to any overtime payment as follows:
(i) when required to work more than one hour after the usual finishing hour of work
or, in the case of shiftworkers, when the overtime work on any shift exceeds one
hour; and
(ii) provided that where such overtime work exceeds four hours a further meal
allowance of $13.56 will be paid.
(iii) Clause 19.3 (b) will not apply when an employee could reasonably return home
for a meal within the meal break.
(iv) On request, meal allowance will be paid on the same day as overtime is worked.
(c) Travelling, transport and fares
(i) Where an employee is required to travel from one work location to another,
travelling time for the time reasonably required will be paid at the employee's
ordinary rate of pay.
(ii) Where an employee is required and authorised by their employer to use their
motor vehicle in the course of their duties, the employee is entitled to be
reimbursed at the rate of $0.78 per kilometre.
(iii) 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.
(iv) Provided that the employee will not be entitled to reimbursement for expenses
referred to in this clause which exceed the mode of transport, meals or the
standard of accommodation agreed with the employer for these purposes.
(v) An employee required to stay away from home overnight will be reimbursed the
cost of reasonable accommodation and meals. Reasonable proof of costs so
incurred is to be provided to the employer by the employee.
(d) Telephone allowance
The employer will reimburse the employee for the cost of telephone calls necessarily
incurred as a result of their employment. A copy of the relevant telephone account
and receipt will be required.
Page 18 of 65
20. Superannuation
20.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee

(Administration) Act 1992 {Cth), the Superannuation Guarantee Charge Act 1992
{Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of employers and employees. Under
superannuation legislation individual employees generally have the opportunity to
choose their own superannuation fund. If an employee does not choose a
superannuation fund, any superannuation fund nominated in the agreement
covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
20.2 Employer contributions
The employer must make such superannuation contributions to a superannuation fund

for the benefit of an employee as will avoid the employer being required to pay the
superannuation guarantee charge under superannuation legislation with respect to that
employee.
20.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee
may, in writing, authorise their employer to pay on behalf of the employee a
specified amount from the post-taxation wages of the employee into the same
superannuation fund as the employer makes the superannuation contributions
provided for in clause 20.2.
(b) An employee may adjust the amount the employee has authorised their employer to
pay from the wages of the employee from the first of the month following the giving
of three months' written notice to their employer.
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make

the superannuation contributions provided for in clause 20.2 to another
superannuation fund that is chosen by the employee as notified within 28 days of
commencing employment, the employer must make the superannuation contributions
provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or
20.3(b) to the following superannuation fund or its successor:
(i) HESTA Super Fund.
20.5 Absence from work- Social and community services workers
Page 19 of 65
Subject to the governing rules of the relevant superannuation fund, the employer must
also make the superannuation contributions provided for in clause 20.2 and pay the
amount authorised under clauses 20.3 (a) or (b):
(a) Paid leave - while the employee is on any paid leave;
(b) Work-related injury or illness-for the period of absence from work (subject to a
maximum of 52 weeks) of the employee due to work-related injury or work-related
illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular

payments directly from the employer in accordance with the statutory
requirements; and
(ii) the employee remains employed by the employer.
Part 5 - Overtime and Penalty rates

21. Overtime
21.1 Overtime rates
(a) Full-time employees
(i) A full-time employee will be paid at the following rates for all authorised
overtime performed in addition to their rostered ordinary hours on any day:
Period of overtime % of employee's minimum hourly rate
Monday to Saturday - first 2

150%
hours
Monday to Saturday - after 2

200%
hours
Sunday 200%
Public holiday 250%
(ii) Overtime rates under this clause will be in substitution for, and not cumulative
upon, the shift premiums prescribed in clause 6.5 - Shift Work and Saturday and
Sunday work premiums prescribed in clause 6.2 - Saturday and Sunday work.
(b) Part-time employees and casual employees
(i) All time worked by part-time or casual employees in excess of 38 hours per week
or 76 hours per fortnight will be paid for at the following rates:
Shift % of employee's minimum hourly

rate
Monday to Saturday - first 2 hours 150%
Page 20 of 65
Monday to Saturday - after 2 hours 200%
Sunday 200%
Public holiday 250%
(ii) All time worked by part-time or casual employees which exceeds 10 hours per
day, will be paid for at the following rates:
Shift % of employee's minimum hourly

rate
Monday to Saturday -first 2 hours 150%
Monday to Saturday - after 2 hours 200%
Sunday 200%
Public holiday 250%
(iii) Time worked up to the hours prescribed in clause 21.1.l(b)(ii) will, subject to
clause 21.1(b)(i) not be regarded as overtime but an extension of the contract
hours for that day and will be paid for at the ordinary rate of pay.
(c) Overtime rates payable under this clause will be in substitution for and not
cumulative upon the shift premiums prescribed in clause 22.2 and are not applicable
to ordinary hours worked on a Saturday or Sunday.
(i) For casual employees, the above overtime rates will be in addition to the casual
loading. For example, where an overtime rate of 150% of the minimum hourly
rate is payable, this will be in addition to the casual loading of 25% of the
minimum hourly rate so that the total payable amounts to 175% of the minimum
hourly rate.
21.2 Time off instead of payment for overtime (TOIL)
(a) An employee and employer may agree in writing to the employee taking time off
instead of being paid for a particular amount of overtime that has been worked by
the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay
period and that is to be taken as time off instead of the employee being paid for it
must be the subject of a separate agreement under clause 21.2.
(c) The period of time off that an employee is entitled to take is the same as the number
of overtime hours worked.
EXAMPLE: By making an agreement under clause 21.2 an employee who worked 2

overtime hours is entitled to 2 hours' time off.
(d) Time off must be taken:
Page 21 of 65
(i) within the period of 3 months after the overtime is worked; and
(ii) at a time or times within that period of 3 months agreed by the employee and
employer.
(e) If the employee requests at any time, to be paid for overtime covered by an
agreement under clause 21.2 but not taken as time off, the employer must pay the
employee for the overtime, in the next pay period following the request, at the
overtime rate applicable to the overtime when worked, based on the rates of pay
applying at the time payment is made.
(f) If time off for overtime that has been worked is not taken within the period of
3 months mentioned in paragraph (d) the employer must pay the employee for the
overtime, in the next pay period following those 3 months, at the overtime rate
applicable to the overtime when worked, based on the rates of pay applying at the
time payment is made.
(g) The employer must keep a copy of any agreement under clause 21.2 as an employee
record.
(h) An employer must not exert undue influence or undue pressure on an employee to
make, or not make, an agreement to take time off instead of payment for overtime.
(i) An employee may, under section 65 of the Act, request to take time off, at a time or
times specified in the request or to be subsequently agreed by the employer and the
employee, instead of being paid for overtime worked by the employee. If the
employer agrees to the request then clause 21.2 will apply, including the
requirement for separate written agreements under paragraph (b) for overtime that
has been worked.
Note: If an employee makes a request under section 65 of the Act for a change in
working arrangements, the employer may only refuse that request on reasonable
business grounds (see section 65(5) of the Act).
(j) If, on the termination of the employee's employment, time off for overtime worked
by the employee to which clause 28.2 applies has not been taken, the employer
must pay the employee for the overtime at the overtime rate applicable to the
overtime when worked, based on the rates of pay applying at the time payment is
made.
Note: Under section 345(1) of the Act, a person must not knowingly or recklessly
make a false or misleading representation about the workplace rights of another
person under clause
21.3 Rest period after overtime
(a) 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.
(b) 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
Page 22 of 65
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 .
21.4 Recall to work overtime
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.
21.5 Rest break during overtime
(a) 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.
(b) The meals referred to in clause 21.S(a) will be allowed to the employee free of
charge. Where the employer is unable to provide such meals, a meal allowance, as
prescribed in clause 19.3{b), will be paid to the employee concerned
22. Penalty rates and shiftwork

22.1 Saturday and Sunday work
(a) Saturday
Employees (other than casuals) whose ordinary working hours include work between
midnight on Friday and midnight on Saturday will be paid at the rate of 150% of the
ordinary rate of pay for those hours worked .
(b) Sunday
Employees (other than casuals) whose ordinary working hours include work between
midnight on Saturday and midnight on Sunday will be paid at the rate of at the rate
of 200% of the ordinary rate of pay.
(c) Saturday and Sunday penalties will be in substitution for and not cumulative upon
the shift premiums prescribed in clause 22.2 - Shiftwork
(d) Casual employees
Casual employees will be paid the casual loading in clause 13.3 in addition to the
Saturday and Sunday rates at clause 22.1 (a) and (b) .
(e) A casual employee who works on a weekend will be paid the following rates:
(i) between midnight Friday and midnight Saturday-175% of the ordinary rate of
pay (inclusive of the casual loading); and
(ii) between midnight Saturday and midnight Sunday- 225% of the ordinary rate of
pay (inclusive of the casual loading).
22.2 Shiftwork
(a) Engagement in shiftwork
Page 23 of 65
Where an employer wishes to engage an employee in shift work, the employer will
advise the employee in writing, specifying the period over which the shift is
ordinarily worked.
(b) Definitions
(i) Day shift will mean any shift that commences earlier than 12 noon and finishes at
or before 6.00 pm, Monday to Friday
(ii) Afternoon shift will mean any shift that commences not earlier than 12 noon and
finishes later than 6.00 pm, but before midnight, Monday to Friday.
(iii) Night shift will mean any shift that is worked between the hours of 6.00 pm and
8.00 am, and that finishes after midnight, Monday to Friday.
(iv) A public holiday shift means any time worked between midnight on the night
prior to the public holiday and midnight of the public holiday.
(c) Shift penalty rates
(i) An employee who works an afternoon shift will be paid a loading of 12.5% of
their ordinary rate of pay for the whole of such shift.
(ii) An employee who works a night shift will be paid a loading of 15% of their
ordinary rate of pay for the whole of such shift.
(iii) An employee who works a public holiday shift will be paid a loading of 150% of
their ordinary rate of pay for that part of such shift which is on the public holiday.
(d) Shifts are to be worked in one continuous block of hours that may include meal
breaks and sleepover.
Part 6 - Leave, Public Holidays and Other NES Entitlements

23. Annual leave
23.1 Annual leave is provided for in the NES. This clause contains additional provisions.
23.2 Quantum of leave For the purpose of the NES, a shiftworker is an employee who works
for more than four ordinary hours on 10 or more weekends during the yearly period in
respect of which their annual leave accrues and is entitled to an additional week's
annual leave on the same terms and conditions.
23.3 Payment for annual leave
(a) When on annual leave, a full-time employee will be paid in the normal pay cycle for
the amount of wages they would have received for ordinary time worked had they
not been on leave during that period .
(b) A part-time employee will be paid in the normal pay cycle for the amount of wages
calculated in line with organizational policy, averaged over the period of six-weeks
immediately prior to the leave commencing.
23.4 Annual leave loading
Page 24 of 65
(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid
an annual leave loading of 17.5% of their ordinary rate of pay.
(b) Shiftworkers, in addition to their ordinary pay, will be paid the higher of:
(i) an annual leave loading of 17 .5% of their ordinary rate of pay; or
(ii) the weekend and shift penalties the employee would have received had they not
been on leave during the relevant period.
For example, if during a period of leave the total ordinary pay including shift and weekend
penalties would have been 20% more than the ordinary rate for the same number of
hours, then a loading of 20% will be paid instead of a loading of 17.5%.
23.5 Taking of leave

(a) Annual leave shall be given at a time agreed between an employee and the
employer.
(b) The employer must not unreasonably refuse to agree to a request by the employee
to take paid annual leave.
23.6 Payment of annual leave on termination

(a) On the termination of their employment, an employee will be paid their untaken
annual leave and leave loading where applicable, in accordance with the NES.
23.7 Annual leave in advance

(a) The employer and employee may agree in writing to the employee taking a period of
paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is
to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years
of age, by the employee's parent or guardian.
(c) The employer must keep a copy of any agreement under clause 23.7 as an employee
record.
(d) If, on the termination of the employee's employment, the employee has not accrued
an entitlement to all of a period of paid annual leave already taken in accordance
with an agreement under clause 23.7, the employer may deduct from any money
due to the employee on termination an amount equal to the amount that was paid
to the employee in respect of any part of the period of annual leave taken in
advance to which an entitlement has not been accrued.
23.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement
under clause 23.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a
separate agreement under clause 23.8.
Page 25 of 65
(c) An employer and an employee may agree in writing to the cashing out of a particular
amount of accrued paid annual leave by the employee.
(d) An agreement under clause 23.8 must state:
(i) the amount of leave to be cashed out and the payment to be made to the
employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 23.8 must be signed by the employer and employee and,
if the employee is under 18 years of age, by the employee's parent or guardian.
(f) The payment must not be less than the amount that would have been payable had
the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee's remaining accrued entitlement to
paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any
period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 23.8 as an employee
record.
Note 1: Under section 344 of the Fair Work Act, an employer must not exert undue
influence or undue pressure on an employee to make, or not make, an agreement
under clause 23.8.
Note 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or
recklessly make a false or misleading representation about the workplace rights of
another person under clause 23.8.
23.9 Excessive leave accruals: general provision
Note: Clauses 23.9 to 23.11 contain provisions, additional to the National Employment
Standards, about the taking of paid annual leave as a way of dealing with the accrual of
excessive paid annual leave. See Part 2.2, Division 6 of the Fair Work Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than
8 weeks' paid annual leave (or 10 weeks' paid annual leave for a shiftworker, as
defined by clause 23.2.
(b) If an employee has an excessive leave accrual, the employer or the employee may
seek to confer with the other and genuinely try to reach agreement on how to
reduce or eliminate the excessive leave accrual.
(c) Clause 23.10 sets out how an employer may direct an employee who has an
excessive leave accrual to take paid annual leave.
(d) Clause 23.11 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.
23.10 Excessive leave accruals: direction by an employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under
clause 23.9(b) but agreement is not reached (including because the employee
Page 26 of 65
refuses to confer), the employer may direct the employee in writing to take one or
more periods of paid annual leave.
(b) However, a direction by the employer under paragraph (a):
(i) is of no effect if it would result at any time in the employee's remaining accrued
entitlement to paid annual leave being less than 6 weeks when any other paid
annual leave arrangements (whether made under clause 23.9, 23.10 or 23.11 or
otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less
than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning
less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer
and employee.
(c) The employee must take paid annual leave in accordance with a direction under
paragraph (a) that is in effect.
(d) An employee to whom a direction has been given under paragraph (a) may request
to take a period of paid annual leave as if the direction had not been given.
23.11 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under
clause 23.9(b) but agreement is not reached (including because the employer
refuses to confer), the employee may give a written notice to the employer
requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under paragraph (a)
if:
(i) the employee has had an excessive leave accrual for more than 6 months at the
time of giving the notice; and
(ii) the employee has not been given a direction under clause 23.l0(a) that, when
any other paid annual leave arrangements (whether made under clause 23.9,
23.10 or 23.11 or otherwise agreed by the employer and employee) are taken
into account, would eliminate the employee's excessive leave accrual.
(c) A notice given by an employee under paragraph (a) must not:
(i) if granted, result in the employee's remaining accrued entitlement to paid annual
leave being at any time less than 6 weeks when any other paid annual leave
arrangements (whether made under clause 23.9, 23.10 or 23.11 or otherwise
agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one
week; or
(iii) provide for the employee to take a period of paid annual leave beginning less
than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and
employee.
Page 27 of 65
(d) An employee is not entitled to request by a notice under paragraph (a) more than 4
weeks' paid annual leave (or 5 weeks' paid annual leave for a shiftworker, as defined
by clause 23.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under paragraph
(a).
24. Personal/carer's leave and compassionate leave

24.1 Personal/carer's leave and compassionate leave are provided for in the NES. This clause
contains additional provisions.
24.2 Paid personal/carer's leave accrues at the rate of 10 days per annum as provided by the
NES. For clarity, as confirmed by the High Court of Australia ((2020] HCA 29), this is
equivalent to:
(a) an employee's ordinary hours of work in a week over a two-week (fortnightly)

period, or
(b) 1/26 of the employee's ordinary hours of work in a year.
24.3 Paid compassionate leave of 2 days is available on each occasion as provided by the
NES.
24.4 Definition of immediate family
(a) The term immediate family includes:
(b) spouse (including a former spouse, a de facto spouse and a former de facto spouse)
of the employee. A de facto spouse will mean a person who lives with the employee
as his or her husband or wife on a bona fide domestic basis and also includes a same
sex spouse; and
(c) child or an adult child (including an adopted child, a step child or an ex-nuptial child),
parent, parent-in-law, grandparent, grandchild or sibling of the employee or spouse
of the employee; and
(d) A person with whom the employee has established an enduring relationship and for
whom the employee has become the person to deliver physical and/or emotional
support i.e. the primary relationship of the employee; or
(e) as otherwise provided by the NES.
24.5 Employee must give notice
(a) The employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer or their inability to
attend for duty and as far as practicable state the nature of the injury, illness or
emergency and the estimated duration of the absence. If it is not reasonably
practicable to inform the employer during the ordinary hours of the first day or shift
of such absence, the employee will inform the employer within 24 hours of such
absence.
Page 28 of 65
(b) When taking leave to care for members of their immediate family or household who
are sick and require care and support, or who require care due to an unexpected
emergency, the notice must include:
(i) Notice either prior to the absence of the intention to take leave, or if that is not
possible, as soon as is reasonably practicable;
(ii) The name of the person requiring care and support and their relationship to the
employee;
(iii) The reasons for taking such leave; and
(iv) The estimated length of absence.
(c) Evidence supporting claim
(i) When taking leave for personal illness or injury, the employee must, if required
by the employer, establish by production of reasonable evidence such as a
medical certificate or statutory declaration that the employee was unable to
work because of injury or personal illness.
(ii) When taking leave to care for members of their immediate family or household
who are sick and require care and support, the employee must, if required by the
employer, establish by production of reasonable evidence such as a medical
certificate or statutory declaration, the illness of the person concerned and that
such illness requires care by the employee.
(iii) When taking leave to care for members of their immediate family or household
who require care due to an unexpected emergency, the employee must, if
required by the employer, establish by production of reasonable evidence
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
(iv) The employer may choose to waive the requirement for formal evidence where
they are already satisfied that the leave is being taken for a genuine reason that
justifies the use of personal leave.
24.6 Casual employees may take unpaid carer's leave in accordance with the NES.
24. 7 Compassionate leave
(a) Compassionate leave is provided by the NES.
(b) An employee may take unpaid compassionate leave by agreement with the
employer.
25. Parental leave

Parental leave is provided for in the NES.
26. Community service leave

Community service leave is provided by the NES.
Page 29 of 65
27. 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
28. Leave to deal with family and domestic violence

28.1 This clause applies to all employees, including casuals.
28.2 Definitions
(a) In this clause:
family and domestic violence means violent, threatening or other abusive

behaviour by a family member of an employee that seeks to coerce or control
the employee and that causes them harm or to be fearful.
family member means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
employee; or
(ii) a child, parent, grandparent, grandchild or sibling 6f a spouse or de facto partner

of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres Strait Islander
kinship rules.
(b) A reference to a spouse or de facto partner in the definition of family member in

clause 28.2(a) includes a former spouse or de facto partner.
28.3 Entitlement to unpaid leave
An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as
follows :
(a) the leave is available in full at the start of each 12 month period of the employee's
employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note 1. A period of leave to deal with family and domestic violence may be less than a day
by agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take more than 5
days' unpaid leave to deal with family and domestic violence.
28.4 Taking unpaid leave
An employee may take unpaid leave to deal with family and domestic violence if the
employee:
(a) Is experiencing family and domestic violence; and
Page 30 of 65
{b) needs to do something to deal with the impact of the family and domestic violence
and it is impractical for the employee to do that thing outside their ordinary hours of
work.
Note: The reasons for which an employee may take leave include making
arrangements for their safety or the safety of a family member {including
relocation), attending urgent court hearings, or accessing police services.
28.5 Service and continuity
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.
28.6 Notice and evidence requirements
{a) Notice
An employee must give their employer notice of the taking of leave by the employee
under clause 28. The notice:
{i) must be given to the employer as soon as practicable {which may be a time after
the leave has started); and
{ii) must advise the employer of the period, or expected period, of the leave.
{b) Evidence
An employee who has given their employer notice of the taking of leave under
clause 28 must, if required by the employer, give the employer evidence that would
satisfy a reasonable person that the leave is taken for the purpose specified in clause
28.4.
Note: Depending on the circumstances such evidence may include a document

issued by the police service, a court or a family violence support service, or a
statutory declaration.
28. 7 Confidentiality
{a) The employer must take steps to ensure information concerning any notice an
employee has given, or evidence an employee has provided under clause 28.6 is
treated confidentially, as far as it is reasonably practicable to do so.
(b) Nothing in clause 28 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.
{c) Note: Information concerning an employee's experience of family and domestic

violence is sensitive and if mishandled can have adverse consequences for the
employee. Employers should consult with such employees regarding the handling of
this information.
28.8 Compliance
An employee is not entitled to take leave under clause 28 unless the employee complies
with clause 28.
Page 31 of 65
29. Public holidays

29.1 Public holidays are provided for in the NES. This clause contains additional provisions.
29.2 Prescribed public holidays in this Agreement are as follows:
• New Year's Day;
• Australia Day;
• Good Friday;
• the day after Good Friday;
• Easter Monday;
• Anzac Day;
• Adelaide Cup Day;
• Queen's Birthday;
• Labour Day;
• Christmas Day;
• Proclamation Day,
And any other day which by proclamation or Act of Parliament may be declared a Public
Holiday to apply in the relevant State or Territory, or any other day which may be
substituted for any such day.
29.3 Payment for work done on public holidays
(a) All work done by an employee during their ordinary shifts on a public holiday,
including a substituted day, will be paid a loading of 150% of their ordinary rate of
pay for that part of such shift which is on the public holiday, in accordance with
clause 22.2 .
(b) Payments under this clause are instead of any additional rate for shift or weekend
work which would otherwise be payable had the shift not been a public holiday.
29.4 Christmas day falling on a Saturday or Sunday
(a) Despite any other provisions in this Agreement when Christmas Day falls on a
Saturday or Sunday and the declared Christmas Day public holiday is a day other
than the actual day (that is, the Christmas Day public holiday has been substituted
for another day), the following arrangements will apply but only for employees who
do not work a standard Monday to Friday week. Employees employed to work the
standard week of Monday to Friday, will be paid in accordance with clause 29.3.
(b) Actual day means a Saturday or Sunday that is a Christmas Day but the declared
public holiday for the Christmas Day has been gazetted for another day.
(c) Substitute day means the day that is gazetted a public holiday in lieu of the public
holiday for Christmas Day falling on a Saturday or Sunday.
(d) Full-time and part-time employees
Page 32 of 65
(i) An employee rostered and not required to work on the actual day will be paid for
that day at ordinary rates but will not be entitled to the substitute day;
(ii) An employee rostered and required to work on the actual day will be entitled to:
• Payment of a loading of 150% of their ordinary rate of pay for the whole of
such shift, in accordance with clause 22.2 .
• The substitute day as a holiday. However, where the substitute day falls on a
non-working day, the employee is entitled to either an additional day's
pay or an additional day's leave with pay.
(iii) An employee rostered and required to work both on the actual day and also on
the substitute day will be entitled to:
• For the actual day, the payment described in clause 29.4(d)(ii) and 22.2, and
• For the substitute day, either public holiday rates or be granted an additional
day's leave in lieu of the public holiday rates.
(e) Public holiday substitution
The employer and the employees may, by agreement, substitute another day for a
public holiday.
(f) Public holidays occurring on rostered days off
(i) All full-time employees will receive a day's ordinary pay for public holidays that
occur on their rostered day off except where the public holidays fall on Saturday
or Sunday with respect to Monday-Friday employees.
(ii) A part-time employee who is not normally rostered to work on a day of the week
on which public holiday falls will not be entitled to payment for a public holiday,
being that that day is his/her usual day off for which no payment is applicable.
30. Special leave

30.1 The employer may, upon application by an employee, grant special leave without pay.
30.2 In considering an application for leave under this clause, the employer will take into
account the reasons and needs of the individual employee and the business at that
time. Notwithstanding the above, the discretion to grant special leave without pay
rests solely with the employer.
Part 7 - Consultation and Dispute Resolution

31 . Consultation and introduction of change
31.1 The parties commit to continuing dialogue over the operation of the Agreement and
industrial issues in the workplace.
31.2 This Clause applies if:
(a) the employer is considering the introduction of 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 the enterprise; or
Page 33 of 65
(b) proposes to introduce a change to the regular roster or ordinary hours of work of
employees.
31.3 The employer must notify the relevant employees and the Union of the proposed
introduction of the major change.
31.4 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
31.5 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for
the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
31.6 As soon as practicable after making its decision, the employer must:
(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 the employer is taking 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
(ii) information about the expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
31. 7 However, the employer is not required to disclose confidential or commercially

sensitive information to the relevant employees.
31.8 The employer must give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
31.9 If a term in the enterprise agreement provides for a major change to production,
program, organisation, structure or technology in relation to the enterprise of the
employer, the requirements set out in subclauses (2), (3) and (5) are taken not to apply.
31.10 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 the employer'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
Page 34 of 65
(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.
31.11 In this term, "relevant employees" means employees who may be affected by the major
change.
Change to rosters or ordinary hours of work
31.12 For a change referred to in paragraph 8.2(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) sub clauses 8.12 to 8.16 apply.
31.13 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
31.14 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for

the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
31.15 As soon as practicable after proposing to introduce the change, the employer must:
(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) all information about what the employer reasonably believes will be the effects
of the change on the employees; and
(iii) information about any other matters that the employer 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).
31.16 However, the employer is not required to disclose confidential or commercially

sensitive information to the relevant employees.
31.17 The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees
32 . Dispute resolution procedure

32.1 If a dispute relates to:
(a) a matter arising under the Agreement;
(b) the National Employment Standards; or
Page 35 of 65
(c) any other employment related matter; this clause sets out procedures to settle the
dispute.
32.2 A dispute can be commenced by an employer, employee, group of employees, or a

Union.
32.3 An employee, or group of employees, involved in a dispute may:
(a) appoint a representative for the purposes of the procedures in this clause; and
(b) if the employee, or group of employees, is/are members of a Union, the Union will
be entitled to represent the employee/s without express appointment.
32.4 The representative of an employee has the right to:
(a) attend and participate in all meetings about, or in relation to, the dispute;
(b) be provided with all relevant documents and other materials; and
(c) refer the dispute to the Fair Work Commission (FWC} in its own right.
32.5 The parties to the dispute will try and resolve the dispute at the workplace level by:
(a) holding discussions with the immediate supervisor; and
(b) if the dispute is not resolved, holding discussions with a more senior manager or
human resources representative.
Where practicable, discussions will be held within 7 days of the dispute being raised unless the
parties to the dispute agree to a longer period.
32.6 The employer, employee, union or representative can refer the dispute to the FWC if:
(a) the discussions at clause 32.4(c) do not resolve the dispute; or
(b) the parties agree to refer the dispute without holding discussions; or
(c) it is reasonable in the circumstances to refer the dispute without holding discussions.
32. 7 The FWC may deal with the dispute in 2 stages:
(a) The first stage will be mediation, conciliation, expressing an opinion, making a
recommendation or any other type of dispute resolution method that is not binding
on the parties.
(b) If the dispute is not resolved after the first stage, the FWC may arbitrate the dispute
and make a determination that is binding on the parties. In arbitrating the dispute
the FWC may exercise all procedural powers available to it under the FW Act.
(c) The decision of the FWC made when arbitrating the dispute is a decision that can be
appealed under Part 5-1 of the FW Act.
(d) The parties agree to be bound by any decision and/or determination of the FWC
made in accordance with this clause, including any decision on appeal.
32.8 While the parties are trying to resolve the dispute work will continue in accordance with
the custom and practice existing immediately before the dispute was commenced,
unless the employee has a reasonable concern about an imminent risk to his or her
health and safety. The position of any party to a dispute will not be prejudiced by the
Page 36 of 65
continued performance of work. To avoid doubt, a period where the parties are trying
to resolve a dispute includes the time the FWC deals with the dispute under clause 9.7.
33. Recognition of worksite representatives

33.1 An employee elected as a Union Worksite Representative will, upon notification to the
employer, be recognised as an accredited representative of the Union. An accredited
Worksite Representative is allowed reasonable time during working hours to interview
and/or meet with the employer or the employers' representative on industrial matters
affecting employees whom they represent.
33.2 Subject to the prior approval of the employer, a worksite representative shall be
allowed at a place designated by the employer a reasonable period of time during
working hours to interview a duly accredited official from the Union.
34. Employee representation

34.1 Each employee shall be accorded by the employer with a right to the representation of
their choice in connection with performance and disciplinary procedures, resolution of
workplace disputes and grievances and under the dispute settlement procedure
referred to in clause 32.
34.2 The employer will make provision for accredited worksite representatives to devote
reasonable working time to:
{a) involvement in the representation at the workplace level of relevant employees in

respect of performance and disciplinary procedures, workplace disputes and
grievances; and
{b) participation in external dispute settlement procedures on behalf of relevant

employees.
35. Trade union training leave

35.1 Employees who are members of the Union, and elected as Worksite Representatives,
shall be allowed five days per year each, to attend Trade Union Training. Fourteen days
notice must be given to the employer.
35.2 All applications for leave must be made in writing detailing:
{a) the name of the employee seeking leave
{b) period of time for which leave is sought
(c) title and description
(d) the place or places where the course will be held.
35.3 Leave of Absence granted pursuant to this clause, shall count as service for all purposes
of this Agreement.
35.4 Any days or hours taken for such training will be paid at the employee's ordinary rate of
pay.
35.5 All expenses {such as travel, accommodation and meals) associated with or incurred by
the employee attending a training course as provided in this clause shall the the
responsibility of the employee or the Union.
Page 37 of 65
35.6 An employee may be required to satisfy the employer of attendance at the course to
qualify for payment of leave.
36. Notice Board

36.1 A Notice Board, or adequate space on current staff Notice Boards, will be provided for
union notices.
37. Employee meetings

37.1 Subject to terms and conditions set out hereunder, EBLDS shall allow to its employees
time off with pay for the purpose of attending general meetings of the Union in relation
to matters requiring discussion of changes of significance to industrial instruments,
provided that:
(a) One week's notice of the Union's intention to convene any meeting shall be given to
EBLDS in writing or by verbal notice, to be followed by such intention in writing prior
to convening the meeting.
(b) No more than three such meetings shall be held in any calendar year commencing
on 1 January in any year.
37.2 An EBLDS meeting room or other venue to be provided, subject to it not being required
for other and normal purposes of EBLDS on the proposed date of the meeting.
38. Declarations
38.1 Working externally to EBLDS
(a) EBLDS recognises that some employees may choose to work externally to this
organisation. EBLDS does not seek to remove the employee's right to do so, but also
recognises that in the interest of employee wellbeing such working patterns need to
be balanced.
(b) If any Employee holds a position external to EBLDS they must advise management of
this, and
(i) Fulltime employees may only work externally with the express permission of
EBLDS;and
(ii) Part-time and casual employees are required to provide EBLDS with up to date
details of the number and arrangement of hours that are regularly worked
external to EBLDS, in order to assist with fatigue management and ensuring that
any potential conflict of interest is able to be managed.
(c) EBLDS is concerned about the wellbeing of employees and its residents, and
therefore, if evidence of fatigue is demonstrated by an employee through, for
example, poor performance and/or attendance or other sub-standard behaviour,
management will discuss these issues with the employee with a view to resolving
them to the satisfaction of all parties. Continued poor performance may result in
disciplinary processes being commenced to resolve the problem.
(d) Any such discussion will focus on ensuring the employee has sufficient breaks
between shifts from one employer to another. One such remedy may be a
temporary or permanent reduction of the number of hours worked at EBLDS, or a
change in the time or day a shift is worked.
Page 38 of 65
38.2 Declaration of Immigration Status and Work Visa Requirements
It is acknowledged by EBLDS that under the Migration Act 1958 it must take all
reasonable steps to ensure that Employees are entitled to work in Australia and that the
conditions of work are adhered to. Employees are obliged to provide evidence of their
entitlement to work and the conditions ofthat entitlement to EBLDS prior to
employment and when requested by the organisation from time to time. Employee's
that refuse to cooperate with the work entitlements check will be unable to work until
their entitlement can be verified (as per Migration Act 1958). Employees must notify
EBLDS within 48 hours of any change to work entitlements.
Part 8 - Termination of Employment and Redundancy

39. Termination of employment
39.1 The requirements for notice of termination by the employer are provided by the NES at
ss 117 and 123 of the Fair Work Act.
39.2 Notice of termination by an employee
(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of
the Act.
(b) An employee must give the employer notice of termination in accordance with Table
1 - Period of Notice, of at least the period specified in column 2 according to the
period of continuous service of the employee specified in column 1.
Table 1- Period of notice
Column 1 Column 2
Employee's period of continuous service with the employer Period of notice
at the end of the day the notice is given
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 13 weeks
More than 5 years 4 weeks
Note: The notice of termination required to be given by an employee is the same as

that required of an employer except that the employee does not have to give
additional notice based on the age of the employee.
(c) In paragraph (b) continuous service has the same meaning as in s117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice
required under paragraph (b), then the employer may deduct from wages due to the
employee under this award an amount that is no more than one week's wages for
the employee.
(e) If the employer has agreed to a shorter period of notice than that required under
paragraph (b), then no deduction can be made under paragraph {d).
Page 39 of 65
(f) Any deduction made under paragraph (d) must not be unreasonable in the
circumstances.
39.3 Job search entitlement
Where the 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.
39.4 The time off under clause 39.3 is to be taken at times that are convenient to the
employee after consultation with the employer.
40. Redundancy
40.1 Redundancy pay is provided for in the NES. See sections 119-123 of the Act.
40.2 Transfer to lower paid duties on redundancy
(a) Clause 40.2 applies if, because of redundancy, an employee is transferred to new
duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the
employee would be entitled to under section 117 of the Act as if it were a notice
of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or
before the expiry of a notice of transfer, provided that the employer pays the
employee as set out in paragraph (c).
(c) If the employer acts as mentioned in paragraph (b)(ii), the employee is entitled to a
payment of an amount equal to the difference between the ordinary rate of pay of
the employee (inclusive of all-purpose allowances, shift rates and penalty rates
applicable to ordinary hours) for the hours of work the employee would have
worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose
allowances, shift rates and penalty rates applicable to ordinary hours) of the
employee in the second role for the period for which notice was not given .
40.3 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may

terminate their employment during the minimum period of notice prescribed by
section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have
received under clause 34 or under sections 119-123 of the Act had they remained in
employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice
remaining after the employee ceased to be employed.
40.4 Job search entitlement
(a) 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
Page 40 of 65
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.
(b) If an employee is allowed time off without loss of pay of more than one day under
paragraph (a), the employee must, at the request of the employer, produce proof of
attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of paragraph (b).
(d) An employee who fails to produce proof when required under paragraph (b) is not
entitled to be paid for the time off.
(e) This entitlement applies instead of clauses 39.3 and 39.4.
Page 41 of 65
Signatories
Signed as bargaining representative for and on behalf of EBL Disability Services Inc,
Signature
\
Date: l+i-._ ~ 1--1 I ~ I
Address.
Authorit
Chief Ex
In the presence of
Signature
Name:
Page 42 of 65
Signed for and on behalf of the Employees.
Signature
Date: 01foLr / IJ.-o :l-)
Address:
Authority:
Employee representative
In the presence of
Signature
Name:
Date: I - 4 - 1.A) Z---1
Page 43 of 65
Schedule A- Classification definitions

1. Social and community services employee level 1
Characteristics of the level
(a) A person employed as a Social and community services employee level 1 works under close
direction and undertakes routine activities which require the practical application of basic
skills and techniques. They may include the initial recruit who may have limited relevant
experience.
(b) General features of work in this level consist of performing clearly defined activities with
outcomes being readily attainable. Employees' duties at this level will be closely monitored
with instruction and assistance being readily available.
(c) Freedom to act is limited by standards and procedures. However, with experience,
employees at this level may have sufficient freedom to exercise judgment in the planning of
their own work within those confines.
(d) Positions at this level will involve employees in extensive on-the-job training including
familiarisation with the goals and objectives of the workplace.
(e) Employees will be responsible for the time management of their work and required to use
basic numeracy, written and verbal communication skills, and where relevant, skills required
to assist with personal care and Lifestyle support.
(f) Supervision of other staff or volunteers is not a feature at this level. However, an
experienced employee may have technical oversight of a minor work activity.
(g) At this level, employers are expected to offer substantial internal and/or external training.
Responsibilities
A position at this level may include some of the following inputs or those of a similar value:
(h) undertake routine activities of a clerical and/or support nature;
(i) undertake straightforward operation of keyboard equipment including data input and word
processing at a basic level;
(j) provide routine information including general reception and telephonist duties;
(k) provide general stenographic duties;
(I) apply established practices and procedures;

(m) undertake routine office duties involving filing, recording, checking and batching of
accounts, invoices, orders, stores requisitions and maintenance of an existing records
system;
(n) resident contact and interaction including attending to their personal care or undertaking
generic domestic duties under direct or routine supervision and either individually or as part
of a team as part of the delivery of disability services;
(o) preparation of the full range of domestic duties including cleaning and food service,
assistance to residents in carrying out personal care tasks under general supervision either
individually or as part of a team as part of the delivery of disability services.
Page 44 of 65
The minimum rate of pay for employees engaged in responsibilities which are prescribed by
A.l(o) is pay point 2.
Requirements of the position
Some or all of the following are needed to perform work at this level:
(p) Skills, knowledge, experience, qualifications and/or training

(i) developing knowledge of the workplace function and operation;
(ii) basic knowledge of administrative practices and procedures relevant to the
workplace;
(iii) a developing knowledge of work practices and policies of the relevant work
area;
(iv) basic numeracy, written and verbal communication skills relevant to the work
area;
(v) at this level employers are required to offer substantial on-the-job training.
(q) Organisational relationships
Work under direct supervision.
(r) Extent of authority

(i) Work outcomes are clearly monitored.
(ii) Freedom to act is limited by standards and procedures.
(iii) Solutions to problems are found in established procedures and instructions with
assistance readily available.
(iv) Project completion according to instructions and established procedures.
(v) No scope for interpretation.
(s) Progression
An employee primarily engaged in responsibilities which are prescribed by A.l(n) will,

if full-time, progress to pay point 2 on completion of 12 months' industry experience,
or if part-time, on completion of 1976 hours of industry experience. Industry
experience means 12 months of relevant experience gained over the previous 3 years.
(a) A person employed as a Social and community services employee level 2 will work under
general guidance within clearly defined guidelines and undertake a range of activities
requiring the application of acquired skills and knowledge.
(b) General features at this level consist of performing functions which are defined by
established routines, methods, standards and procedures with limited scope to exercise
initiative in applying work practices and procedures. Assistance will be readily available.
Employees may be responsible for a minor function and/or may contribute specific
knowledge and/or specific skills to the work of the organisation. In addition, employees may
be required to assist senior workers with specific projects.
Page 45 of 65
(c) Employees will be expected to have an understanding of work procedures relevant to their
work area and may provide assistance to lower classified employees or volunteers
concerning established procedures to meet the objectives of a minor function.
(d) Employees will be responsible for managing time, planning and organising their own work
and may be required to oversee and/or guide the work of a limited number of lower
classified employees or volunteers. Employees at this level could be required to resolve
minor work procedural issues in the relevant work area within established constraints.
(e) Employees who have completed an appropriate certificate and are required to undertake
work related to that certificate will be appointed to this level. Where the appropriate
certificate is a level 4 certificate the minimum rate of pay will be pay point 2.
(f) Employees who have completed an appropriate diploma and are required to undertake work
related to the diploma will commence at the second pay point of this level and will advance
after 12 full-time equivalent months' satisfactory service.
Responsibilities
A position at this level may include some of the following:
(g) undertake a range of activities requiring the application of established work procedures and
may exercise limited initiative and/or judgment within clearly established procedures and/or
guidelines;
(h) achieve outcomes which are clearly defined;
(i) respond to enquiries;
(j) assist senior employees with special projects;
(k) prepare cash payment summaries, banking reports and bank statements, post journals to
ledger etc. and apply purchasing and inventory control requirements;
(I) perform elementary tasks within a community service program requiring knowledge of
established work practices and procedures relevant to the work area;
(m) provide secretarial support requiring the exercise of sound judgment, initiative,
confidentiality and sensitivity in the performance of work;
(n) perform tasks of a sensitive nature including the provision of more than routine information,
the receiving and accounting for moneys and assistance to clients;
(o) assist in calculating and maintaining wage and salary records;
(p) assist with administrative functions;
(q) implementing client skills and activities programmes under limited superv1s1on either
individually or as part of a team as part of the delivery of disability services;
(r) supervising or providing a wide range of personal care services to residents under limited
supervision either individually or as part of a team as part of the delivery of disability
services;
Page 46 of 65
(s) assisting in the development or implementation of resident care plans or the planning,
cooking or preparation of the full range of meals under limited supervision either individually
or as part of a team as part of the delivery of disability services;
(t) possessing an appropriate qualification (as identified by the employer} at the level of
certificate 4 or above and supervising the work of others (including work allocation, rostering
and providing guidance} as part of the delivery of disability services as described above or in
subclause 0.
(u) Skills, knowledge, experience, qualification and/or training
(i) basic skills in oral and written communication with clients and other members
of the public;
(ii) knowledge of established work practices and procedures relevant to the

workplace;
(iii) knowledge of policies relating to the workplace;
(iv) application of techniques relevant to the workplace;
(v) developing knowledge of statutory requirements relevant to the workplace;
(vi) understanding of basic computing concepts.
(v) Prerequisites
(i) an appropriate certificate relevant to the work required to be performed;
(ii) will have attained previous experience in a relevant industry, service or an

equivalent level of expertise and experience to undertake the range of activities
required;
(iii) appropriate on-the-job training and relevant experience; or
(iv) entry point for a diploma without experience.
(w) Organisational relationships
(i) work under regular supervision except where this level of supervision is not
required by the nature of responsibilities under 0 being undertaken;
(ii) provide limited guidance to a limited number of lower classified employees.
(x) Extent of authority
(i) work outcomes are monitored;
(ii) have freedom to act within established guidelines;
(iii) solutions to problems may require the exercise of limited judgment, with
guidance to be found in procedures, precedents and guidelines. Assistance will
be available when problems occur.
Page 47 of 65
Characteristics of this level
general direction in the application of procedures, methods and guidelines which are well
established.
(b) General features of this level involve solving problems of limited difficulty using knowledge,
judgment and work organisational skills acquired through qualifications and/or previous
work experience. Assistance is available from senior employees. Employees may receive
instruction on the broader aspects of the work. In addition, employees may provide
assistance to lower classified employees.
(c) Positions at this level allow employees the scope for exercising initiative in the application
of established work procedures and may require the employee to establish goals/objectives
and outcomes for their own particular work program or project.
(d) At this level, employees may be required to supervise lower classified staff or volunteers in
their day-to-day work. Employees with supervisory responsibilities may undertake some
complex operational work and may undertake planning and co-ordination of activities within
a clearly defined area of the organisation including managing the day-to-day operations of a
group of residential facility for persons with a disability.
(e) Employees will be responsible for managing and planning their own work and that of
subordinate staff or volunteers and may be required to deal with formal disciplinary issues
within the work area.
(f) Those with supervisory responsibilities should have a basic knowledge of the principles of
human resource management and be able to assist subordinate staff or volunteers with on-
the-job training. They may be required to supervise more than one component of the work
program of the organisation.
(g) Graduates with a three year degree that undertake work related to the responsibilities under
this level will commence at no lower than pay point 3. Graduates with a four year degree
that undertake work related to the responsibilities under this level will commence at no
lower than pay point 4.
Responsibilities
To contribute to the operational objectives of the work area, a position at this level may
include some of the following:
(h} undertake responsibility for various activities in a specialised area;
(i) exercise responsibility for a function within the organisation;
(j) allow the scope for exercising initiative in the application of established work procedures;
(k) assist in a range of functions and/or contribute to interpretation of matters for which there
are no clearly established practices and procedures although such activity would not be the
sole responsibility of such an employee within the workplace;
(I) provide secretarial and/or administrative support requiring a high degree of judgment,
initiative, confidentiality and sensitivity in the performance of work;
Page 48 of 65
(m) assist with or provide a range of records management services, however the responsibility
for the records management service would not rest with the employee;
(n) proficient in the operation of the computer to enable modification and/or correction of
computer software systems or packages and/or identification problems. This level could
include systems administrators in small to medium sized organisations whose responsibility
includes the security/integrity of the system;
(o) apply computing programming knowledge and skills in systems development, maintenance
and implementation under direction of a senior employee;
(p) supervise a limited number of lower classified employees or volunteers;
(q) allow the scope for exercising initiative in the application of established work procedures;
(r) deliver single stream training programs;
(s) co-ordinate elementary service programs;
(t) provide assistance to senior employees;
(u) where prime responsibility lies in a specialised field, employees at this level would undertake
at least some of the following:
(i) undertake some minor phase of a broad or more complex assignment;
(ii) perform duties of a specialised nature;
(iii) provide a range of information services;
(iv) plan and co-ordinate elementary community-based projects or programs;
(v) perform moderately complex functions including social planning, demographic

analysis, survey design and analysis.
(v) in the delivery of disability services as described in subclauses O or 0, taking overall

responsibility for the personal care of residents; training, co-ordinating and supervising other
employees and scheduling work programmes; and assisting in liaison and co-ordination with
other services and programmes.
Requirements of the job
(w) Skills, knowledge, experience, qualifications and/or training
(i) thorough knowledge of work activities performed within the workplace;
(ii) sound knowledge of procedural/operational methods of the workplace;
(iii) may utilise limited professional or specialised knowledge;
(iv) working knowledge of statutory requirements relevant to the workplace;
(v) ability to apply computing concepts.
(x) Prerequisites
Page 49 of 65
(i) entry level for graduates with a relevant three year degree that undertake work
related to the responsibilities under this level-pay point 3;
(ii) entry level for graduates with a relevant four year degree that undertake work
related to the responsibilities under this level-pay point 4;
(iii) associate diploma with relevant experience; or
(iv) relevant certificate with relevant experience, or experience attained through

previous appointments, services and/or study of an equivalent level of
expertise and/or experience to undertake the range of activities required.
(y) Organisational relationships
(i) graduates work under direct supervision;
(ii) works under general supervision except where this level of supervision is not
required by the nature of the responsibilities under O being undertaken;
(iii) operate as member of a team;
(iv) supervision of other employees.
(z) Extent of authority
(i) graduates receive instructions on the broader aspects of the work;
(ii) freedom to act within defined established practices;
(iii) problems can usually be solved by reference to procedures, documented

methods and instructions. Assistance is available when problems occur.
general direction in functions that require the application of skills and knowledge
appropriate to the work. Generally guidelines and work procedures are established.
(b) General features at this level require the application of knowledge and skills which are
gained through qualifications and/or previous experience in a discipline. Employees will be
expected to contribute knowledge in establishing procedures in the appropriate work-
related field. In addition, employees at this level may be required to supervise various
functions within a work area or activities of a complex nature.
(c) Positions may involve a range of work functions which could contain a substantial
component of supervision. Employees may also be required to provide specialist expertise
or advice in their relevant discipline.
(d) Work at this level requires a sound knowledge of program, activity, operational policy or
service aspects of the work performed with a function or a number of work areas.
(e) Employees require skills in managing time, setting priorities, planning and organising their
own work and that of lower classified staff and/or volunteers where supervision is a
component of the position, to achieve specific objectives.
Page 50 of 65
{f) Employees will be expected to set outcomes and further develop work methods where
general work procedures are not defined.
Responsibilities
To contribute to the operational objectives of the workplace, a position at this level may
{g) undertake activities which may require the employee to exercise judgment and/or
contribute critical knowledge and skills where procedures are not clearly defined;
{h) perform duties of a specialised nature requiring the development of expertise over time or
previous knowledge;
{i) identification of specific or desired performance outcomes;
(j) contribute to interpretation and administration of areas of work for which there are no
clearly established procedures;
{k) expected to set outcomes and further develop work methods where general work
procedures are not defined and could exercise judgment and contribute critical knowledge
and skills where procedures are not clearly defined;
{I) although still under general direction, there is greater scope to contribute to the
development of work methods and the setting of outcomes. However, these must be within
the clear objectives of the organisation and within budgetary constraints;
{m) provide administrative support of a complex nature to senior employees;
{n) exercise responsibility for various functions within a work area;
{o) provide assistance on grant applications including basic research or collection of data;
{p) undertake a wide range of activities associated with program activity or service delivery;
{q) develop, control and administer a records management service for the receipt, custody,
control, preservation and retrieval of records and related material;
{r) undertake computer operations requiring technical expertise and experience and may
exercise initiative and judgment in the application of established procedures and practices;
{s) apply computer programming knowledge and skills in systems development, maintenance
and implementation;
{t) provide a reference and research information service and technical service including the
facility to understand and develop technologically based systems;
{u) where the prime responsibility lies in a specialised field, employees at this level would
undertake at least some of the following:
{i) liaise with other professionals at a technical/professional level;
{ii) discuss techniques, procedures and/or results with clients on straight forward
matters;
{iii) lead a team within a specialised project;
Page 51 of 65
(iv) provide a reference, research and/or technical information service;
(v) carry out a variety of activities in the organisation requiring initiative and
judgment in the selection and application of established principles, techniques
and methods;
(vi) perform a range of planning functions which may require exercising knowledge
of statutory and legal requirements;
(vii) assist senior employees with the planning and co-ordination of a community
program of a complex nature.
(v) Skills, knowledge, experience, qualifications and/or training
(i) knowledge of statutory requirements relevant to work;
(ii) knowledge of organisational programs, policies and activities;
(iii) sound discipline knowledge gained through experience, training or education;
(iv) knowledge of the role of the organisation and its structure and service;
(v) specialists require an understanding of the underlying principles in the

discipline.
(w) Prerequisites
(i) relevant four year degree with one years relevant experience;
(ii) three year degree with two years of relevant experience;
(iii) associate diploma with relevant experience;
(iv) lesser formal qualifications with substantial years of relevant experience; or
(v) attained through previous appointments, service and/or study, an equivalent

level of expertise and experience to undertake a range of activities,
(x) Employees undertaking specialised services will be promoted to this level once they have
had the appropriate experience and undertake work related to the responsibilities under
this level.
(y) Employees working as sole employees will commence at this level.
(z) Organisational relationships
(i) works under general direction;
(ii) supervises other staff and/or volunteers or works in a specialised field.
(aa) Extent of authority
(i) required to set outcomes within defined constraints;
Page 52 of 65
(ii) provides specialist technical advice;
(iii) freedom to act governed by clear objectives and/or budget constraints which
may involve the contribution of knowledge in establishing procedures within
the clear objectives and/or budget constraints where there are no defined
established practices;
(iv) solutions to problems generally found in precedents, guidelines or instructions;
(v) assistance usually available.
general direction from senior employees. Employees undertake a range of functions
requiring the application of a high level of knowledge and skills to achieve results in line with
the organisation's goals.
(b) Employees adhere to established work practices. However, they may be required to exercise
initiative and judgment where practices and direction are not clearly defined.
(c) General features at this level indicate involvement in establishing organisation programs and
procedures. Positions will include a range of work functions and may involve supervision.
Work may span more than one discipline. In addition, employees at this level may be
required to assist in the preparation of, or prepare the organisation's budget. Employees at
this level will be required to provide expert advice to employees classified at a lower level
and volunteers.
(d) Positions at this level demand the application of knowledge which is gained through
qualifications and/or previous experience. In addition, employees will be required to set
priorities and monitor work flows in their area of responsibility which may include
establishing work programs in small organisations.
(e) Employees are required to set priorities, plan and organise their own work and that of lower
classified staff and/or volunteers and establish the most appropriate operational methods
for the organisation. In addition, interpersonal skills are required to gain the co-operation of
clients and staff.
(f) Employees responsible for projects and/or functions will be required to establish outcomes
to achieve organisation goals. Specialists may be required to provide multi-disciplinary
advice.
Responsibilities
(g) responsibility for a range of functions within the organisation requiring a high level of
knowledge and skills;
(h} undertake responsibility for a moderately complex project, including planning, co-
ordination, implementation and administration;
(i) undertake a minor phase of a broader or more complex professional assignment;
Page 53 of 65
(j) assist with the preparation of or prepare organisation or program budgets in liaison with
management;
(k) set priorities and monitor work flow in the areas of responsibility;
(I) provide expert advice to employees classified at lower levels and/or volunteers;
(m) exercise judgment and initiative where procedures are not clearly defined;
(n) understanding of all areas of computer operation to enable the provision of advice and
assistance when non-standard procedures/processes are required;
(o) monitor and interpret legislation, regulations and other agreements relating to occupational
health and safety, workers compensation and rehabilitation;
(p) undertake analysis/design for the development and maintenance of projects and/or
undertake programming in specialist areas. May exercise responsibility for a specialised area
of computing operation
(q) undertake publicity assignments within the framework of the organisation's publicity and
promotions program. Such assignments would be of limited scope and complexity but would
involve the co-ordination of facets of the total program including media liaison, design and
layout of publications/displays and editing;
(r) operate as a specialist employee in the relevant discipline where decisions made and taken
rest with the employee with no reference to a senior employee;
(s) undertake duties that require knowledge of procedures, guidelines and/or statutory
requirements relevant to the organisation;
(t) plan, co-ordinate, implement and administer the activities and policies including preparation
of budget;
(u} develop, plan and supervise the implementation of educational and/or developmental
programs for clients;
(v} plan, co-ordinate and administer the operation of a multi-functional service including
financial management and reporting;
(w} where the prime responsibility lies in professional services, employees at this level would
(i} under general direction undertake a variety of tasks of a specialised and/or

detailed nature;
(ii} exercise professional judgment within prescribed areas;
(iii} carry out planning, studies or research for particular projects including aspects
of design, formulation of policy, implementation of procedures and
presentation;
(iv} provide reports on progress of program activities including recommendations;
(v} exercise a high level of interpersonal skills in dealing with the public and other
organisations;
Page 54 of 65
(vi) plan, develop and operate a community service organisation of a moderately

complex nature.
(x) Skills, knowledge, experience, qualifications and/or training
(i) knowledge of organisational programs, policies and activities;
(ii) sound discipline knowledge gained through experience;
(iii) knowledge of the role of the organisation, its structure and services.
(y) Prerequisites
(i) relevant degree with relevant experience;
(ii) associate diploma with substantial experience;
(iii) qualifications in more than one discipline;
(iv) less formal qualifications with specialised skills sufficient to perform at this
level; or
(v) attained through previous appointments, service and/or study an equivalent

level of experience and expertise to undertake the range of activities required.
(z) Organisational relationships
(i) work under general direction;
(ii) supervise other employees and/or volunteers.
(aa) Extent of authority
(i) exercise a degree of autonomy;
(ii) control projects and/or programs;
(iii) set outcomes for lower classified staff;
(iv) establish priorities and monitor work flow in areas of responsibility;
(v) solutions to problems can generally be found in documented techniques,

precedents and guidelines or instructions. Assistance is available when
required.
(a) A person employed as a Social and community services employee level 6 will operate under
limited direction from senior employees or management and undertake a range of functions
for which operational policies, practices and guidelines may need to be developed.
Page 55 of 65
(b) General features at this level allow employees the scope to influence the operational
activities of the organisation and would require employees to be involved with establishing
operational procedures which impact upon the organisation and/or the sections of the
community served by it. Employees at this level will be expected to contribute to
management of the organisation, assist or prepare budgets, establish procedures and work
practices. Employees will be involved in the formation of programs and work practices and
will be required to provide assistance and/or expert advice to other employees. Employees
may be required to negotiate matters on behalf of the organisation.
(c) Positions at this level will require responsibility for decision-making in the particular work
area and the provision of expert advice. Employees will be required to provide consultation
and assistance relevant to the workplace. Employees will be required to set outcomes for
the work areas for which they are responsible so as to achieve the objectives of the
organisation. They may be required to undertake the control and co-ordination of a
program, project and/or significant work area. Employees require a good understanding of
the long term goals of the organisation.
(d) Employees may exercise managerial responsibility, work independently as specialists or may
be a senior member of a single discipline project team or provide specialist support to a
range of programs or activities. Positions at this level may be identified by: impact of
activities undertaken or achievement of stated outcomes or objectives for the workplace;
the level of responsibility for decision-making; the exercise of judgment; delegated
authority; and the provision of expert advice.
(e) Managing time is essential so outcomes can be achieved. A high level of interpersonal skills
is required to resolve organisational issues, negotiate contracts, develop and motivate staff.
Employees will be required to understand and implement effective staff management and
personnel practices.
Responsibilities
(f) undertake significant projects and/or functions involving the use of analytical skills;
(g) undertake managerial or specialised functions under a wide range of conditions to achieve
results in line with organisation goals;
(h) exercise managerial control, involving the planning, direction, control and evaluation of
operations which include providing analysis and interpretation for either a major single or
multi-specialist operation;
(i) undertake a range of duties within the work area, including develop work practices and
procedures; problem definition, planning and the exercise of judgment; provide advice on
policy matters and contribute to their development;
(j) negotiate on matters of significance within the organisation with other bodies and/or
members of the public;
(k) provide advice on matters of complexity within the work area and/or specialised area;
(I) control and co-ordinate a work area or a larger organisation within budgetary constraints;
(m) exercise autonomy in establishing the operation of the work area;
Page 56 of 65
(n) provide a consultancy service for a range of activities and/or to a wide range of clients;
(o) where the prime responsibility lies in a specialised field an employee at this level would
(i) provide support to a range of activities or programs;
(ii) control and co-ordinate projects;
(iii) contribute to the development of new procedures and methodology;
(iv) provide expert advice and assistance relevant to the work area;
(v) supervise/manage the operation of a work area and monitor work outcomes;
(vi) supervise on occasions other specialised staff;
(vii) supervise/manage the operation of a discrete element which is part of a larger

organisation;
(viii) provide consultancy services for a range of activities.
(p) Skills, knowledge, experience, qualification and/or training
(i) comprehensive knowledge of organisation policies and procedures;
(ii) specialist skills and/or supervision/management abilities exercised within a

multi disciplinary or major single function operation;
(iii) specialist knowledge gained through experience, training or education;
(iv) appreciation of the long term goals of the organisation;
(v) detailed knowledge of program activities and work practices relevant to the
work area;
(vi) knowledge of organisation structures and functions;
(vii) comprehensive knowledge of requirements relevant to the discipline.
(q) Prerequisites
(i) degree with substantial experience;
(ii) post graduate qualification;
(iii) associate diploma with substantial experience;
(iv) attained through previous appointments, service and/or study with a

combination of experience, expertise and competence sufficient to perform the
duties required at this level.
(r) Organisational relationships
Page 57 of 65
(i) works under limited direction from senior employees of the Committee of
Management or Board;
(ii) supervision of staff.
(s) Extent of authority
(i) exercise a degree of autonomy;
(ii) may manage a work area or medium to large organisation or multi-worksite

organisation;
(iii) has significant delegated authority;
(iv) selection of methods and techniques based on sound judgment;
(v) manage significant projects and/or functions;
(vi) solutions to problems can generally be found in documented techniques,

precedents, or instructions. Advice available on complex or unusual matters.
(a) A person employed as a Community services employee level 7 will operate under limited
direction and exercise managerial responsibility for various functions within a section and/or
organisation or operate as a specialist, a member of a specialised professional team or
independently.
(b) General features at this level require employees' involvement in establishing operational
procedures which impact on activities undertaken and outcomes achieved by the
organisation and/or activities undertaken by sections of the community served by the
organisation.
(c) Employees are involved in the formation/establishment of programs, the procedures and
work practices within the organisation and will be required to provide assistance to other
employees and/or sections.
(d) Positions at this level will demand responsibility for decision-making and the provision of
expert advice to other areas of the organisation. Employees would be expected to undertake
the control and co-ordination of the organisation and major work initiatives. Employees
require a good understanding of the long term goals of the organisation.
(e) In addition, positions at this level may be identified by the level of responsibility for decision-
making, the exercise of judgment and delegated authority and the provision of expert advice.
(f) The management of staff is normally a feature at this level. Employees are required to set
outcomes in relation to the organisation and may be required to negotiate matters on behalf
of the organisation.
Responsibilities
Page 58 of 65
(g) undertake managerial or specialised functions under a wide range of conditions to achieve
results in line with divisional/corporate goals;
(h) exercise managerial control, involving the planning, direction, control and evaluation of
operations which include providing analysis and interpretation for either a major single
discipline or multi-discipline operation;
(i) develop work practices and procedures for various projects;
(j) establish work area outcomes;
(k) prepare budget submissions for senior officers and/or the organisation;
(I) develop and implement significant operational procedures;
(m) review operations to determine their effectiveness;
(n) develop appropriate methodology and apply proven techniques in providing specialised
services
(o) where prime responsibility lies in a professional field an officer at this level:
(i) controls and co-ordinates projects/programs within an organisation in

accordance with corporate goals;
(ii) provides a consultancy service to a wide range of clients;
(iii) functions may involve complex professional problem solving;
(iv) provides advice on policy method and contributes to its development.
Some or all ofthe following are needed to perform work at this level:
(p) Skills, knowledge, experience, qualification and/or training
(i) comprehensive knowledge of policies and procedures;
(ii) application of a high level of discipline knowledge;
(iii) qualifications are generally beyond those required through tertiary education
alone, typically acquired through completion of higher education qualifications
to degree level and extensive relevant experience;
(iv) lesser formal qualifications with acquisition of considerable skills and extensive
relevant experience to an equivalent standard; or
(v) a combination of experience, expertise and competence sufficient to perform

the duties required at this level.
( q) Organisational relationships
(i) works under limited direction;
(ii) normally supervises other employees and establishes and monitors work
outcomes.
Page 59 of 65
(r) Extent of authority
(i) may manage section or organisation;
(ii) has significant delegated authority;
(iii) selection of methods and techniques based on sound judgment (guidance not
always readily available within the organisation). Decisions and actions taken at
this level may have significant effect on program/project/work areas being
managed.
(a) A person employed as a Social and community services employee level 8 is subject to broad
direction from senior officers and will exercise managerial responsibility for the
organisation's relevant activity. In addition, employees may operate as a senior specialist
providing multi-functional advice to either various departments or directly to the
organisation.
(b) A person employed as a Social and community services employee level 8 will be subject to
broad direction from management/the employer and will exercise managerial responsibility
for an organisation. In addition, employees may operate as a senior specialist providing
multi-functional advice to other professional employees, the employer, Committee or Board
of Management.
(c) General features of this level require the employee's involvement in the initiation and
formulation of extensive projects or programs which impact on the organisation's goals and
objectives. Employees are involved in the identification of current and future options and
the development of strategies to achieve desired outcomes.
(d) Additional features include providing financial, specialised, technical, professional and/or
administrative advice on policy matters within the organisation and/or about external
organisations such as government policy.
(e) In addition, employees will be required to develop and implement techniques, work
practices and procedures in all facets of the work area.
(f) Employees at this level require a high level of proficiency in the application of theoretical
approaches in the search of optimal solutions to new problems and opportunities which may
be outside of the original field of specialisation.
(g) Positions at this level will demand responsibility for decision-making within the constraints
of organisational policy and require the employees to provide advice and support to all
facets of the organisation. Employees will have significant impact upon policies and
programs and will be required to provide initiative, and have the ability to formulate,
implement, monitor and evaluate projects and programs.
(h) Positions at this level may be identified by the significant independence of action within the
constraints of organisational policy.
Responsibilities
A position at this level may include some of or similar responsibilities to:
Page 60 of 65
(i) undertake work of significant scope and complexity. A major portion of the work requires
initiative;
(j) undertake duties of innovative, novel and/or critical nature with little or no professional
direction;
(k) undertake functions across a range of administrative, specialist or operational areas which
include specific programs or activities, management of services delivery and the provision of
high level advice;
(I) provide authoritative specialist advice on policy matters and contribute to the development
and review of policies, both internal and external;
(m) manage extensive programs or projects in accordance with organisational goals. This may
require the development, implementation and evaluation of those goals;
(n) administer complex policy and program matters;
(o) may offer consultancy service;
(p) evaluate and develop/revise methodology techniques with the organisation. The application
of high level analytical skills in the attainment and satisfying of organisational objectives;
(q) where the prime responsibility is in a specialised field, employees at this level would
(i) contribute to the development of operational policy;
(ii) assess and review the standards of work of other specialised

personnel/external consultants;
(iii) initiate and formulate organisational programs;
(iv) implement organisational objectives within corporate goals;
(v) develop and recommend ongoing plans and programs.
(r) Skills, knowledge, experience, qualification and/or training
(i) detailed knowledge of policy, programs, guidelines, procedures and practices

of the organisation and external bodies;
(ii) detailed knowledge of statutory requirements.
(s) Prerequisites
(i) qualifications are generally beyond those normally acquired through a degree
course and experience in the field of specialist expertise;
(ii) substantial post graduate experience;
(iii) lesser formal qualifications and the acquisition of considerable skills and
extensive and diverse experience relative to an equivalent standard; or
Page 61 of 65
(iv) attained through previous appointments, service and/or study with a

combination of experience, expertise and competence sufficient to perform
the duties of the position.
Page 62 of 65
Schedule B- Minimum wages and allowances

B.l The minimum weekly wages payable from the commencement of this agreement are set out
below in Table B.l. Future increases will be in accordance with National Wage decisions of the FWC.
'. • - ;.,. •. I ', ;:·• • : o - • < •: • • • • '- •. _, : ' ::•• • ,~ ;._ .•'~••: • ~• ~r:-, •· i
I Modern 'Award
: . : .. .- . ·cas·ual Rate . ;
'. . ·.. (S~H-~DS)° s~c;:s Levels _· .. We_
ekly Wag~ _ _I·_ ' ~o~r!v ~~t~ - 1
, • ·.: _-(?_5% 19.ad_ing) ~
1.1 $819.60 $21.57 $26.96
1.2 $847.30 $22.30 $27.88
1.3 $877.60 $23.09 $28.86
2.1 $1,079.45 $28.41 $35.51
2.2 (Cert IV) $1,113.27 $29.30 $36.63
2.3 $1,147.10 $30.19 $37.74
2.4 $1,177.85 $31.00 $38.75
3.1 (ass dip/adv'd cert) $1,206.58 $31.75 $39.69
3.2 $1,241.23 $32.66 $40.83
3.3 (3 year degree) $1,267.69 $33.36 $41.70
3.4 (4 year degree) $1,293.64 $34.04 $42.55
4.1 $1,391.54 $36.62 $45.78
4.2 $1,427.98 $37.58 $46.98
4.3 $1,464.67 $38.54 $48.18
4.4 $1,497.28 $39.40 $49.25
5.1 $1,591.94 $41.89 $52.36
5.2 $1,626.05 $42.79 $53.49
5.3 $1,664.00 $43.79 $54.74
6.1 $1,739.22 $45.77 $57.21
6.2 $1,777.58 $46.78 $58.48
6.3 $1,816.08 $47.79 $59.74
7.1 $1,881.07 $49.50 $61.88
7.2 $1,920.55 $50.54 $63.18
7.3 $1,959.60 $51.57 $64.46
8.1 $2,040.88 $53.71 $67.14
8.2 $2,080.90 $54.76 $68.45
8.3 $2,121.21 $55.82 $69.78
Table B.1 Minimum weekly wages
B.2 Allowances are set out below in Table B.2.
Page 63 of 65
(a) At the time of any adjustment to the standard rate (defined in clause 4.9} affecting
wage related allowances, each expense related allowance will be increased by the
relevant adjustment factor. The relevant adjustment factor for this purpose is the
percentage movement in the applicable index figure most recently published by the
Australian Bureau of Statistics since the allowance was last adjusted .
(b) The applicable index figure is the index figure published by the Australian Bureau of
Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0}, as follows:
Allowance Applicable Consumer Price Index figure
Meal allowances Take away and fast foods sub-group

Vehicle/travel allowance Private motoring sub-group
'· '. ---~=-:.--.. -. -. - _-·::;.~:r- .- -- ". -., .- -: %of .. ·.

- .. .' '
~ - - ""' .
.-,;::-
, ••• t
--
I
Clause .· ,! . ••' Allowance ' Rate at ~om.mencement of
•.: l'! • ' I
' .
Standard ' ' - '
:!' I · the Agre~~ent
,_
~•• I
-
.. Rate ' -- - . ,.
- .. 1
Wage related allowances payable from commencement of the Agreement - to be adjusted in

accordance with any future variations of the award standard rate by the FWC
15.9 Sleepover $60.00 for each sleepover on

Monday - Sunday nights
including public holidays
$98.00 for each sleepover on

Christmas Eve, Christmas Day
and New Years Eve
19.2 (a) First Aid 1.67% $16.80 per week, or $0.44

per hour for part-time and
casual
19.2 (b) On Call- Mon- Fri 2.0% $20.12
On Call - weekends 3.96% $39.84

and public holidays
19.2 (c) Heat - between 40- 0.05% $0.50 per hour

(if employed 46C
prior 8
August 1991) Heat - over 46C 0.06% $0.60 per hour
Expense related allowances payable from the commencement of the Agreement - to be

adjusted in accordance with B.2(a) and (b) .
19.3 (b) Meal n/a $13.56
19.3 (c) Travel - mileage n/a $0.80
Table 8.2 Allowances
Page 64 of 65
Schedule C- Part-day public holidays

This schedule operates where this award otherwise contains provisions dealing with public
holidays that supplement the NES.
Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or
7.00 pm and midnight on Christmas Eve {24 December in each year) or New Year's Eve
{31 December in each year) the following will apply on Christmas Eve and New Year's Eve and will
override any provision in this award relating to public holidays to the extent of the inconsistency:
a) All employees will have the right to refuse to work on the part-day public holiday if the request
to work is not reasonable or the refusal is reasonable as provided for in the NES.
b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the
declared or prescribed part-day public holiday but as a result of exercising their right under
the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the
declared or prescribed part-day public holiday but as a result of being on annual leave does
not work, they will be taken not to be on annual leave during the hours of the declared or
prescribed part-day public holiday that they would have usually been rostered to work and
will be paid their ordinary rate of pay for such hours.
d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the
declared or prescribed part-day public holiday, but as a result of having a rostered day off
(RDO) provided under this award, does not work, the employee will be taken to be on a public
holiday for such hours and paid their ordinary rate of pay for those hours.
e) Excluding annualised salaried employees to whom clause Error! Reference source not found.
applies, where an employee works any hours on the declared or prescribed part-day public
holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award
for those hours worked.
f) Where an employee is paid an annualised salary under the provisions of this award and is
entitled under this award to time off in lieu or additional annual leave for work on a public
holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time
worked on the declared or prescribed part-day public holiday.
g) An employee not rostered to work on the declared or prescribed part-day public holiday, other
than an employee who has exercised their right in accordance with clause 0, will not be
entitled to another day off, another day's pay or another day of annual leave as a result of the
part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
Page 65 of 65
27 April 2021
Deputy President Mansini
Fair Work Commission
By email: chambers.mansini.dp@fwc.gov.au
Dear Deputy President Mansini
Re: AG2021 Application by EBL Disability Services Inc – Undertakings
I, Wendy Warren, Chief Executive Officer of EBL Disability Services Inc (‘EBL’), give the following
undertakings with respect to the EBL Disability Services Inc Enterprise Agreement 2021 (the
‘Agreement’):
1. I have authority to provide these undertakings on behalf of EBL.
2. Clause 16 Meal breaks
EBL undertakes that clause 16.1(b) is deleted and replaced with a new clause 16.1(b) which
states:
Where an employee is required to work during a meal break and continuously thereafter, they
will be paid overtime for all time worked until the meal break is taken.
3. Clause 17 Annual wage increase
EBL undertakes that both the quantum and timing of the wage increases in clause 17.2 will
be as specified by FWC in its Annual Wage Decision each year, such that the wage rates will
at all time be no less than the relevant Award rate.
4. Clause 17 Bonus
EBL undertakes that in addition to the bonus payable under clause 17.3, and additional
Christmas bonus of a $100.00 gift voucher will be provided to each employee in the full pay
period immediately before Christmas day each year.
5. Clause 19 Motor Vehicle allowance
EBL undertakes that the motor vehicle allowance specified in clause 19.3 will be $0.80 per
km, consistent with the amount specified in Table B.2 of Schedule B, and will be adjusted in
accordance with the provisions of Schedule B.
6. Clause 22 Shift work
EBL undertakes to delete clause 22.2(b) and replace with the following;
Definitions
(i) Afternoon shift means any shift that finishes after 6.00 pm, but before 12 midnight,
Monday to Friday.
(ii) Night shift means any shift which finishes after midnight or commences before 6am,
Monday to Friday.
(iii) A public holiday shift means any time worked between midnight on the night prior
to the public holiday and midnight of the public holiday.
7. Schedule A - SACS Level 1
EBL undertakes that at Schedule A.1(s) of the Agreement the reference to the completion of
1976 hours of industry experience is replaced by 1400 hours, consistent with the provision
of clause 14.4(b) of the Agreement.
8. Schedule C Pandemic provisions
EBL undertakes to add a new Schedule D as follows:
Schedule D – Additional measures during the Covid-19 pandemic

1. Schedule D operates from the date of approval of this agreement until 31 December 2021.
2. The following provisions apply:
a) Unpaid pandemic leave
(i) Subject to clauses D.2(a)(ii), (iii), and (iv), any employee is entitled to take up to 2 weeks’
unpaid leave if the employee is required by government or medical authorities or on the
advice of a medical practitioner to self-isolate and is consequently prevented from working,
or is otherwise prevented from working by measures taken by government or medical
authorities in response to the COVID-19 pandemic.
(ii) The employee must give their employer notice of the taking of leave under clause D.2(a)(i)
and of the reason the employee requires the leave, as soon as practicable (which may be a
time after the leave has started).
(iii) An employee who has given their employer notice of taking leave under clause D.2(a)(i)
must, if required by the employer, give the employer evidence that would satisfy a
reasonable person that the leave is taken for a reason given in clause D.2(a)(i).
(iv) A period of leave under clause D.2(a)(i) must start before 31 December 2021, but may end
after that date.
(v) Leave taken under clause D.2(a)(i) does not affect any other paid or unpaid leave entitlement
of the employee and counts as service for the purposes of entitlements under this award
and the -
NES.
-
b) Annual leave at half pay
(i) Instead of an employee taking paid annual leave on full pay, the employee and their
employer may agree to the employee taking twice as much leave on half pay.
(ii) Any agreement to take twice as much annual leave at half pay must be recorded in writing
and retained as an employee record.
(iii) A period of leave under clause D.2(b)(i) must start before 31 December 2021, but may end
after that date.
EXAMPLE: Instead of an employee taking one week’s annual leave on full pay, the employee
and their employer may agree to the employee taking 2 weeks’ annual leave on half pay. In
this example:
• the employee’s pay for the 2 weeks’ leave is the same as the pay the employee would have
been entitled to for one week’s leave on full pay (where one week’s full pay includes leave
loading under the Annual Leave clause of this award); and
• one week of leave is deducted from the employee’s annual leave accrual.
NOTE 1: A employee covered by this award who is entitled to the benefit of clause D.2(a) or (b) has a
workplace right under section 341(1)(a) of the Act.
NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an
employee because the employee has a workplace right, has or has not exercised a workplace right,
or proposes or does not propose to exercise a workplace right, or to prevent the employee
exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action
against an employee if the employer dismisses the employee, injures the employee in his or her
employment, alters the position of the employee to the employee’s prejudice, or discriminates
between the employee and other employees of the employer.
NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise
or take, action against another person with intent to coerce the person to exercise or not exercise,
or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a
workplace right in a particular way.
These undertakings are provided based on issues raised by the fair Work Commission in the current
application.
Yours sincerely
Wendy Warren
Chief Executive Officer

Decision: EBL Disability Services Inc

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Decision: EBL Disability Services Inc

Uploaded by

Copyright:

Available Formats

[2021] FWCA 2585

EBL Disability Services Inc

EBL DISABILITY SERVICES INC ENTERPRISE AGREEMENT 2021

DEPUTY PRESIDENT MANSINI MELBOURNE, 7 MAY 2021

[5] As there were no bargaining representatives appointed to represent the employees to

Printed by authority of the Commonwealth Government Printer

Deputy Presi dent Mansini

By email: chambers .mansini.dp@fwc.gov.au

Dear Deputy President Mansini

Re: AG2021 Application by EBL Disability Services Inc - Undertakings

1. I have authorit y to provi de t hese underta ki ngs on beha lf of EB L.

2. Clause 16 M eal brea ks

3. Clause 17 Annua l w age increase

5. Clause 19 Motor Veh icle allow ance

6. Clause 22 Shift work

7. Schedule A - SACS Level 1

8. Schedu le C Pandem ic provisions

EBL underta kes to add a new Schedu le D as follow s:

Schedule D -Additional measures during the Covid-19 pandemic

2. The fo llowing provisions app ly:

a) Unpaid pandemic leave

b) Annual leave at half pay

Ch ief Executive Officer

EBL Disability Services Inc

Note - this Agreement is to be read together with undertakings given by the

Part 1 - Application and operation of the agreement

2. Arrangement .................................................................................................................. ... ..... .... . 2

5. Coverage, commencement and date of operation .............................................................. ..... 4

6. Relationship to Award and NES .............................................................................. ................. .. 5

7. Objectives ............................................................................................. ........................ ............ .. 5

8. Individual flexibility agreements ............................................................................................... 5

9. Requests for flexible working arrangements ............................................................................ 6

Part 2 - Types of Employment and Classifications .................................................................... ............ 7

10. Types of employment ..................................................................................................... ........ 7

11. Full-time employment ............................................................................................................ 8

12. Part-time employment ........................................................................................................... 8

13. Casual employment ................................................................................................................ 8

14. Classifications ....................................................................................................................... 10

Part 3 - Hours of Work .......................................................................................................................... 11

15. Ordinary hours and rostering arrangements ...................................................................... 11

16. Breaks ........................................................................................................................ ........... 14

Part 4 - Wages and Allowances ........................................................................................................... 14

17. Minimum wages and bonus ................................................................................................. 14

18. Payment of wages and salary sacrifice ................................................................................ 15

19. Allowances ............................................................................................................................ 17

20. Superannuation ............................................................................................................. ....... 19

Part 5 - Overtime and Penalty rates ................................................................................................... 20

21. Overtime .................................................................................................................. ......... .... 20

22. Penalty rates and shiftwork ........................................................... ... ................................... 23

Part 6 - Leave, Public Holidays and Other NES Entitlements ............................................................. 24

23. Annual leave ....................................................................... ..... ..... .. .............................. ........ 24

24. Personal/carer's leave and compassionate leave ...................................... .......... ............... 28

25. Parental leave ........................................................................................................ ............... 29

26. Community service leave ............................................................................................ ......... 29

27. Ceremonial leave ...................................................................................... ..... ........... ............ 30

29. Public holidays ................................................................................................................ ..... . 32

30. Special leave ......................................................................................................................... 33

Part 7 - Consultation and Dispute Resolution .................................................................................... 33

31. Consultation and introduction of change ............................................................................ 33

32. Dispute resolution procedure .................. ...................................... ..................................... . 35

33. Recognition of worksite representatives ............................................................................ 37

34. Employee representation ............................................................................. ..... ................... 3 7