Enterprise Bargaining Agreement
(Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000

Part 3 - Conditions applying to catering and retail staff

Section 1 - All Catering and Retail Staff

67. Casual Employment
68. Termination of Employment and Rostered Days Off
69. Higher Duties and Mixed Functions
70. Hours of Work
71. Span of Hours
72. Rosters for Retail Services Staff and Catering Staff (other than Monash Residential Services Accommodation Units
    Catering Staff, Monash Unicomm Seasonal Staff and Tea Attendants)
73. Leave and Rostered Days Off

This Part shall apply to all trades and services staff engaged in catering and/or retail services (including Tea Attendants) but does not extend to Sports Control Desk staff employed within the Sports and Recreation Centre on Clayton Campus.

67. CASUAL EMPLOYMENT

67.1 A casual staff member is one engaged in work of a short-term nature and/or on an irregular and unsystematic basis but does not include an employee who may otherwise be properly classified as a full-time, part-time or seasonal staff member under the terms of this Agreement.

67.2 A casual staff member shall be paid per hour of time worked one thirty-eighth of the weekly rate prescribed for the classification in which the staff member is engaged plus the following casual loadings as applicable:

Monash Residential Services Accommodation Units catering staff

• any and all hours worked any time Monday to Friday - 25 per cent of the ordinary rate of pay;
• any and all hours worked on a Saturday - 50 per cent of the ordinary rate of pay; and
• any and all hours worked on a Sunday - 75 per cent of the ordinary rate of pay

Monash Unicomm catering staff

• any and all hours worked by a staff member employed prior to or on 25 November 1997 - 31.33 per cent of the ordinary rate of pay; and
• any and all hours worked by a staff member first employed after 25 November 1997 - 25 per cent of the ordinary rate of pay

Other catering staff

• any and all hours worked any time Monday to Friday - 33.33 per cent of the ordinary rate of pay;
• any and all hours worked any time on a Saturday - 50 per cent of the ordinary rate of pay; and
• any and all hours worked any time on a Sunday - 75 per cent of the ordinary rate of pay

Monash Unicomm retail services staff not previously employed prior to 25 November 1997

• any and all hours worked any time Monday to Saturday - 25 per cent of the ordinary rate of pay; and
• any and all hours worked any time on a Sunday - 75 per cent of the ordinary rate of pay

Other retail services staff

• any and all hours worked any time Monday to Friday - 25 per cent of the ordinary rate of pay;
• any and all hours worked any time on a Saturday - 50 per cent of the ordinary rate of pay; and
• any and all hours worked on a Sunday - 75 per cent of the ordinary rate of pay

67.3 Each period of engagement of a casual staff member shall stand alone and shall be treated as an engagement of not less than two hours and be paid for as such at the appropriate rate payable, irrespective of whether the actual duration of the engagement is less than two hours. Provided that this prescribed minimum engagement payment will not apply to casual staff members who are students of the University and who work two or more hours in a fortnightly payroll period.

For the purposes of this clause, "engagement" means the period or periods for which the University notifies the staff member that he/she is so required to attend on any one day.

67.4 Termination of casual employment shall be by one hour's notice on either side or by the payment or forfeiture, as the case may be, of the remainder of the payment for that engagement or one hour's pay, whichever is the greater. Provided that the University is not obliged to give notice or payment in lieu thereof where the staff member's conduct justifies instant dismissal, and in such circumstances any entitlements under this Agreement are to be paid up to the time of dismissal only.

67.5 Casual staff members have no entitlement to any paid or unpaid leave (including annual leave loading). In addition, any clauses of this Agreement applying specifically to full-time, part-time and/or seasonal staff members or cleaning and caretaking staff or miscellaneous services staff shall have no application to casual staff members under this Part, as well as the following:

68. TERMINATION OF EMPLOYMENT AND ROSTERED DAYS OFF

Upon termination of the staff member's employment, any outstanding credit of accrued time or rostered days off which has been taken off in advance with the University's approval shall be adjusted in the staff member's final pay.

69. HIGHER DUTIES AND MIXED FUNCTIONS

69.1 A staff member who is required to act in a position of higher classification than that which the staff member occupies shall be paid an allowance computed in accordance with this clause.

69.2 Qualification for allowance

A staff member shall be eligible for payment of a higher duties allowance where the period of acting service in the higher position is continuous for up to two hours, in which case the staff member shall be paid the higher duties allowance for the time so worked. Provided that where the period of acting service in the higher position is continuous for more than two hours during one day or shift, the staff member shall be paid the higher duties allowance for such day or shift.

69.3 Where a staff member qualifies for payment of a higher duties allowance the allowance shall be payable from the date the staff member commenced to perform the higher duties.

69.4 Where a staff member is eligible for payment of a higher duties allowance he/she shall be paid an allowance equal to the difference between the salary of the staff member and the salary payable had the staff member been promoted to the higher office.

69.5 Where a staff member performs the duties of a higher office for periods that are not continuous but in aggregate total more than 12 months, the staff member shall upon the completion of each period totalling 12 months be granted salary increments applicable to the higher office provided that:

• for the first increment the total 12 month period of higher duties is completed within the period of 24 months preceding that completion;
• for subsequent increments the total requisite period in which higher duties are performed is completed within a period of time equal to twice the total period of performance of higher duties that immediately precedes that completion.

69.6 For the purposes of clause 69.5 above where a staff member performs the duties of another office having the same or higher classification than the higher office for which the staff member was receiving a higher duties allowance, these duties shall be deemed to be performance of duties in the higher office.

69.7 Where a staff member who is performing the duties of a higher office is permanently promoted to that office the staff member shall not suffer any reduction in remuneration and shall receive the same increments as if the staff member had during the period of temporary service in the higher office been the permanent occupant of that office.

69.8 Where a staff member is permanently promoted to an office and prior to promotion had performed the duties of a higher office of the same classification as the office to which the staff member is promoted but is not performing those duties when promoted, the period for which the staff member performed those duties shall be taken into account for the purposes of incremental advancement in the same manner as it would have been taken into account under clause 69.5 above if the staff member had not been promoted.

69.9 Where a staff member who is or has been performing the duties of a higher classification than the office the duties of which the staff member is or has been temporarily performing, the remuneration of the staff member upon promotion shall be the same as the remuneration which the staff member would have received had this period of service in the higher office been service in the office of lower classification.

69.10 A staff member who at the time of proceeding on approved leave with pay (other than long service leave) was in receipt of an allowance under this clause shall continue to be paid such an allowance if the Head of the administrative unit certifies that the allowance would have been paid but for the granting of the leave provided that:

• where the leave with pay is less than leave on full pay payment of the allowance shall be made on a pro rata basis;
• where a staff member has received an allowance in respect of acting in an unbroken series of higher positions up to the time of proceeding on leave with pay, the staff member shall continue to receive the allowance during the leave if the Head of the Administration Unit or Department certifies that the allowance would have been paid in respect of acting in any one of those positions but for the grant of leave.

69.11 Where a staff member who in accordance with a duty roster regularly relieves in a higher classified position during any rostered days off, if the occupant of that position proceeds on paid leave (other than long service leave) and the Head of the Administrative Unit or Department certifies that but for proceeding on the paid leave the staff member would have been entitled to be paid higher duties allowance for duty performed as part of the staff member's normal rostered duty during the period of such leave, the staff member shall be paid in respect of such leave the higher duties allowance which would have accrued to the staff member in accordance with the roster, provided that where the leave with pay is less than leave on full pay, payment of the allowance shall be made on a pro rata basis.

69.12 When higher duties allowance payments are included in leave with pay in accordance with clause 69.10 or clause 69.11 above, the leave period in respect of which the payments are included shall be service for the purpose of the granting of increments in accordance with this clause.

69.13 An allowance payable to a staff member under this clause shall be regarded as salary for the purposes of calculating all other types of allowance including overtime.

69.14 A staff member shall not be penalised in any way for a refusal to perform higher duties.

70. HOURS OF WORK

70.1 The ordinary hours of work for full-time staff members shall be an average of 38 hours per week to be worked on the basis of 152 hours within a work cycle of 28 consecutive calendar days.

70.2 Each employee shall be entitled to two full days off per week.

70.3 The ordinary hours of work of full-time staff members shall be worked subject to the following conditions:

• within a minimum of 6 hours and a maximum of 11.5 hours per day and shall be exclusive of meal break intervals, provided that where shifts of more than 10 hours per day are rostered for work staff members working such hours may not be rostered for work on more than three consecutive days without a break of at least 48 hours, and further provided that no more than eight shifts of more than 10 hours may be worked in a four-week period except by agreement;
• a staff member shall be entitled to eight full days off per four-week period; and
• no staff member may work more than ten days in succession without being rostered off duty for a day.

70.4 Where a system of accrued time-off is worked, the staff member's rostered day off shall be taken on any working day according to roster. The taking of a rostered day off may however be deferred by the University, provided that no staff member shall accumulate a credit of accrued time-off of more than 38 hours. Each day of paid leave taken and any holiday observed by the University and occurring during the four-week accrual period shall be regarded as a day worked for accrual purposes provided that each day of paid leave is debited at the rate of 8 hours per day from leave credits.

71. SPAN OF HOURS

With the exception of staff employed in Monash Residential Services Accommodation Units, Tea Attendants or any staff engaged in shift work, the span of hours will be 6.00am to 6.00pm unless otherwise provided in this Agreement.

The scheduling of hours of work in each department/workplace shall take into consideration the provision of service to students and staff and the area's work needs. After considering those factors, a supervisor may change the start and finish times of staff within the local work area, after consultation with the affected staff member(s).

72. ROSTERS FOR RETAIL SERVICES STAFF AND CATERING STAFF (OTHER THAN MONASH RESIDENTIAL SERVICES ACCOMMODATION UNITS CATERING STAFF, MONASH UNICOMM SEASONAL STAFF AND TEA ATTENDANTS)

A roster for all full-time and part-time staff members showing normal starting and finishing time and the surname and initials of each staff member shall be prepared by the University and shall be posted in a conspicuous place or places accessible to the staff members.

The roster shall be alterable by mutual consent at any time or by amendment of the roster on seven days' notice. Where practicable two weeks' notice of rostered day or days off shall be given provided that the days off may be changed by mutual consent or through sickness or other cause over which the University has no control.

The roster for all full-time and part-time staff members shall provide for a minimum of ten hours break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day. In the case of changeover of rosters, eight hours shall be substituted for ten hours.

73. LEAVE AND ROSTERED DAYS OFF

73.1 Where a staff member works an accrued time-off system with a rostered day off in each four-week cycle and he/she is absent on other than paid leave, the staff member shall have eight hours at the ordinary time rate of pay on the basis of the staff member's ordinary time earnings deducted from his/her fortnightly salary for each day that he/she is so absent.

73.2 Where a staff member is sick or injured on his/her rostered day off he/she shall not be entitled to sick pay nor shall his/her sick pay entitlement be reduced as a result of the staff member's sickness or injury on that day