Flexibility 7.1 The Employer and an Employee covered by this Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule if:
7.1.1 the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work;
(ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and
7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and
7.1.3 the arrangement is genuinely agreed to by the Employer and Employee.
7.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Fair Work Act 2009; and
(ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(iii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
7.3 The Employer must ensure that the individual flexibility arrangement:
7.3.1 is in writing; and
7.3.2 includes the name of the Employer and Employee; and
7.3.3 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
7.3.4 includes details of:
(i) the terms of the Schedule 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
7.3.5 states the day on which the arrangement commences.
7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 The Employer or Employee may terminate the individual flexibility arrangement:
7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or
7.5.2 if the Employer and Employee agree in writing — at any time.
WORKPLACE FLEXIBILITY The employer must ensure that any Individual Flexibility Agreement (IFA) is genuinely agreed to by the employer and the employee and result in the employee being better off overall at the time the IFA is made than the employee would have been if no IFA had been agreed to.
8.1 Notwithstanding any other provision of the Agreement, the employer and an individual employee may agree to vary the application of certain terms of the 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 are the application of those permitted under Section 172 of the FW Act, and relates only to:-
8.1.1 arrangements for when work is performed;
8.1.2 salary sacrifice arrangements;
8.1.3 reduction in ordinary hours; and
8.1.4 are not unlawful terms under Section 194 of the FW Act.
8.2 The employer and the individual employee must have genuinely made the IFA without coercion or duress. An IFA can only be entered into after the individual employee has commenced employment with the employer.
8.3 The IFA between the employer and the individual employee must:
8.3.1 be confined to a variation in the application of one or more of the terms listed in Clause 8.1; and
8.4 The IFA between the employer and the individual employee must also:
8.4.1 be in writing, name the parties to the IFA and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian;
8.4.2 state each term of the Agreement that the employer and the individual employee have agreed to vary;
8.4.3 detail how the application of each term has been varied by agreement between the employer and the individual employee;
PRICING OF After Hours Coefficient What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours?
Agreement Flexibility 8.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(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
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) 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 arrangement:
(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.
JOC - PRICING OF After Hours Coefficient What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION)
TEACHING HOURS AND TEACHING LOAD Section 1 Work Day For the applicable agreement period, the normal work day will be seven and one-quarter (7 ¼) hours including arrival time fifteen (15) minutes before and departure time (15) minutes after the students’ school day. The normal work day will include uninterrupted prep time. The Building Principal, as authorized by the Superintendent, upon request of a teacher or group of teachers, may waive the requirement to remain fifteen (15) minutes after the school day for a specific day or days. It is recognized; however, that the proper performance of their duties may, on occasion, require these persons to work longer than the normal work day, i.e. for conferences, faculty meetings, department meetings, etc. Therefore, “mandatory meetings will occur two times per month and be no longer than 90 minutes in length, inclusive of the additional 15 minutes beyond the scheduled student school day. A schedule of the meetings will be distributed by June 30th of the previous school year, but may be changed at the discretion of the Principal with 48 hours’ notice.” Teachers will also remain at school after the fifteen (15) minutes described above, during one (1) day each calendar week for such periods of time as is necessary to provide students extra help, and/or to meet with parents or guardians, concerning the progress of their children or wards. No teacher shall be required to work more than a normal seven and one- quarter (7 ¼) hour day, including fifteen (15) minutes before and (15) minutes after the students’ school day, which will include uninterrupted prep time; this provision does not apply to other contractually agreed upon time and meetings. Should state law require a longer instructional day, or more days, the teachers shall work the added time and the parties shall immediately commence impact bargaining on the issue. This article does not purport to cover the arrival and departure time of teachers involved in special assignments.
Section 2 Other Personnel Personnel other than classroom teachers will work at their assigned tasks for the length of the regular teachers' work day. The exact daily schedule will be worked out on an individual basis between the Administration and the employee with notification to the Association. Instructional Coaches are required to work an additional five (5) days at their per diem rate, beyond the work year for a total of 189 days. These days will be determined prior to the start of the new school year and at the discretion of the Superintendent and the Chief Academic Officer.
Minimum Hours All employees shall be paid their regular hourly rate for each hour worked except where employed for less than four (4) consecutive hours per day, in which event they shall receive a minimum of four (4) hours pay. An employee who is called for work and upon reporting finds that his or her services are not required shall receive two (2) hours pay.
WORKING HOURS AND OVERTIME 8.1 The normal working day shall be 8 consecutive hours exclusive of meal period. The normal work week shall be 40 hours.
8.1.1 The Company may, where required, institute 10-hour (exclusive of meal period)/4 day per week driver positions in accordance with Article 5.2.
8.2 Warehousepersons B shall be paid a minimum of 3 hours’ pay at the straight time rate, and if required to perform work beyond 3 hours shall be paid on the minute basis for work in excess of 3 hours. Such work will be offered in order of length of Company service.
8.3 The normal work week shall be Monday to Friday with rest days Sunday and Saturday; however, due to the operational requirements of the Company, a departure to rest days of Sunday and Monday or two consecutive days during the week may, to meet operational necessity, be instituted. Possible use of rest days other than Saturday, Sunday or Monday, where these may be required under this Agreement, to be explored by the parties.
8.4 All hours worked in excess of 8 hours in any one day, or 40 hours in any one week, shall be paid at one and one-half times the hourly rate of pay. This does not apply to positions as outlined in Article 8.1.1.
8.4.1 All hours worked in excess of 10 hours in any one day, or 40 hours in any one week, as specified in Article 8.1.1 shall be paid at one and one-half times the hourly rate of pay.
8.5 Employees, if required to work on regularly assigned rest days, shall be paid at the rate of time and one-half time on the actual minute basis with a minimum payment of 4 hours at the pro rata hourly rate.
8.6 Where work is required by the Company to be performed on a day which is not part of any assignment, it may be performed by an available extra or unassigned employee who will otherwise not have 40 hours of work that week. Overtime shall be allocated on the basis of seniority wherever possible, in a voluntary manner, within the work classification and shifts, provided the employee is capable of performing the duties; however, upon reaching the bottom of the seniority list in that classification and shift, the junior employee(s) will be required, in reverse order, to work the overtime.
8.7 Excluding Linehaul operations, employees shall not be required to take more than 60 minutes for a meal period and, if practical, 30-minute meal period will be utilized. Lunch hour for employees holding City Tractor or Driver Representative positions will commence between the end of the third hour of the shift and the end of the sixth hour of the shift. This clause only applies to employees holding bulletin positions.
8.8 All employees working in excess of three (3) hours will receive a fifteen (15) minute paid coffee break. A fifteen (15) minute coffee break without loss of pay will commence after approximately two hours of work, or at or about the mid-point of the first half after an employee reports for duty. A second fifteen (15) minute paid coffee break shall be after six hours of work where the tour of duty is in excess of six hours. There will be a third paid15 minute break if 3 hours of overtime are completed. This break is to be taken after the second hour of overtime has been completed. These breaks shall not be cumulative.
8.9 Employees shall be allowed to elect to bank overtime in lieu of pay to maximum of 40 hours at the rate of one and one-half hours banked for every one hour worked. Overtime worked will automatically be used to replenish the bank to the maximum of 40 hours during the course of the year. Any balance of banked overtime unused will be carried over to the next year unless the employee gives notice to withdraw from the program or requests to be paid out any unused portion as indicated in 8.9.1.
8.9.1 A request to bank overtime must be made in writing and received by the Company by March 7th of the year. Banked overtime will continue unless the Company is notified by the employee he wishes to opt out of the program. Upon written request to the Company by March 7th of each year an employee shall be entitled to be paid for all unused banked hours accumulated for the previous year. The Company will issue payment by March 31st. Banked overtime accumulation will be discontinued effective the first pay period in November until the last pay period in December inclusive each year. During this period employees will be able to withdraw banked overtime already accumulated, however all overtime worked in this period will be paid as part of the regular pay process. Banked overtime shall be secondary to annual vacations. The Company officer in charge or their designate must approve all requests, in writing, for leave to be drawn on banked time. An employee will make their request in writing 7 working days prior to the requested time off. Laid off employees will be allowed to withdraw banked time on days when no work is made available to them.
8.9.2 An employee off duty due to bona fide illness who is not claiming Short Term Disability Benefits payments will be permitted to use accumulated Banked Overtime as of the second day of their absence.
8.9.3 An employee off duty due to bone fide illness who is eligible to receive Short Term Disability benefit payments will be permitted to use accumulated Banked Overtime to offset the three- day waiting period required by the STD plan.
8.9.4 When a request to use Banked Overtime is granted, it will not be withdrawn after approval unless otherwise agreed by the employee and the supervisor.
8.9.5 Banked Overtime may be used in the event of a shortage of work occurs and the Company asks for volunteers to take a day off. Should the employee wish to use an annual vacation day or Banked Overtime Day to compensate for the days lost earnings, their request will not be denied.
FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.
Hours of Service The minimum number of Hours of Service an Employee must complete during a vesting computation period to receive credit for a Year of Service is: (Choose (c) or (d)) [X] (c) 1,000 Hours of Service.
