(1) be confined to vary only one or more of the terms listed in paragraph (ii) of subclause (b) of this clause; (2) be in writing detailing the relevant award or agreement clause(s) that are proposed to be excluded or modified by the operation of the agreement and how the relevant award clauses(s) are to be applied; (3) record with the name and signature of the employee/s and, if the employee is 18 years of age, the employee’s parent or guardian and Head of Agency or delegate; (4) detail how the agreement does not disadvantage each individual employee in relation to the individual employee’s overall terms and conditions of employment; (5) the date the agreement commences and the period for which it operates; (6) state the date by which this arrangement is to be reviewed but in any case be no longer than two years from commencement; (7) notwithstanding paragraph (5), the agreement is to continue in effect after that date of expiry unless withdrawn from by either party in writing. (ii) The Agency must provide a copy of the agreement to the following and retain a copy of the agreement in accordance with section 75 of the Industrial Relations Act 1984 on the individual’s personal file: the employee; Director, State Service Management Office; and A union with relevant industrial coverage. (d) Union Participation in Negotiating a Workplace Flexibility Agreement (i) If an employee is a member of a union which has an interest in the relevant award pursuant to section 63(10) of the Industrial Relations Act 1984, the employee may choose to be represented by that union to meet and confer with the Agency about the implementation of a Workplace Flexibility Agreement. (ii) The must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of flexibility provisions under this clause. involvement does not mean that the consent of the union is required prior to the introduction of agreed flexibility arrangements.
VIII – LEAVE AND HOLIDAYS WITH PAY 1. Period of Leave Employees other than those who receive a 20 per cent loading in lieu of annual recreation leave, personal leave and holidays with pay are to be allowed annually and after 12 months of continuous service, 152 hours leave in the case of employees working 38 hours per week. Shift Workers In addition to the leave hereinbefore prescribed shift workers (as defined) shall be allowed 38 hours leave to be taken in a period of seven consecutive days including non-working days. Where an employee with twelve months continuous service is engaged for part of the twelve monthly period as a shift worker, he/she shall be entitled to have the period of annual leave hereinbefore prescribed increased by 7.6 hours for each two months he/she is continuously engaged as aforesaid. Holidays with Pay (Recreation Leave Exclusive of) A shift worker shall have added to his period of annual leave one day for each statutory holiday (viz. Christmas Day, Boxing Day, New Year's Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day in the relevant locality, Recreation Day (where Hobart Regatta Day is not observed); irrespective of whether or not such holiday is observed on a day which for that employee, would have been a rostered day off. This shall not apply to a statutory holiday which is observed on a Saturday or Sunday. Proportionate Leave on Termination of Service If, one month of continuous service in any qualifying twelve month period, an employee leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid at the ordinary rate of wages as follows: day workers - thirteen and one third hours for each completed month of continuous service; workers - sixteen and two thirds hours for each completed month of continuous service in addition such entitlements established under the provisions of subclause (h) hereof; employees - shift workers - 9.6 percent of the normal hours worked in each completed month of continuous service in addition to entitlements under the provisions of subclause (h) hereof; employees - day workers - 7.7 percent of the normal hours worked in each completed month of continuous service. Service shall be deemed to be continuous if the employee was engaged as a employee (as defined) during the relevant period. Personal Leave Requirements During Recreation Leave
The rate of pay for an employee during the period of the paid absence is the normal rate of pay, as defined in Clause 2 (a) (viii) of this Part, The employee may elect to take payment for the paid period of the absence, prior to the commencement of the leave or; over 12 consecutive weeks at a consistent rate of pay or; over 24 consecutive weeks at a consistent rate of pay. an employee elects to take half pay over 24 weeks the payment beyond the 12 weeks does not increase the accrual of paid leave entitlements prescribed by this award. An employee is to provide written notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: at least ten weeks’ notice of the expected date of birth in a certificate from a registered medical practitioner stating that the employee is pregnant; at least four weeks' notice of the date on which the employee proposes to commence maternity leave and the period of leave to be taken;(3) particulars of any period of paternity leave sought or taken by her spouse. An employee is not in breach of this clause if failure to give the required notice is due to the date of occurring earlier than the presumed date. Subject to sub-clause (c)(i) and unless agreed otherwise between the employer and employee, an employee may commence maternity leave at any time within six weeks immediately prior to the expected date of birth. An employee who continues to work within the six week period immediately prior to the expected date of birth, or an employee who elects to return to work within six weeks after the birth of the child is required to provide a medical certificate to the employer stating that she is fit to work on her normal duties. (d) Special Maternity Leave An employee who has not yet commenced maternity leave and who suffers an illness related to her pregnancy or is required to undergo a pregnancy related medical procedure is to be granted any paid personal leave to which she is entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. (Where a pregnancy related illness or medical procedure is continuous with the commencement of maternity leave the aggregate of paid personal leave, special maternity leave and parental leave, including parental leave taken by a spouse, is not to exceed 52 weeks.