1. (Insert School Letterhead) Briefing for Staff Support and Operational Staff MEA Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017

2. Consent Position
In May 2016, the School appointed AISNSW to bargain a new MEA for Support and Operational Staff.
AISNSW consulted broadly with member schools and its Employment Relations Committee regarding the terms and conditions of employment.
On 20 June 2016, the IEU met with AISNSW to discuss the proposal and commence bargaining. Negotiations were conducted through to October 2016.
A consent position has been reached between AISNSW on behalf of its member schools and the IEU on behalf of its members in schools.
The only exception is the change to the payment of wages clause – the IEU have not agreed to this change.

3. Outcome of the Negotiations
The salary and allowance increases for staff were agreed on by the parties;
The new user-friendly structure of the MEA was agreed upon;
Changes to the terms and conditions such as:
Span of ordinary hours;
Casual loadings;
Shift penalties and broken shift penalties;
Allowances;
Overtime and Saturday and Sunday loadings.
Most of the changes to the terms and conditions were necessary to ensure that the MEA meets the Better off Overall Test (BOOT) as required by the Fair Work Commission.

4. The Support and Operational Staff MEA 2017 Explained
The term of the agreement is 4 years commencing 1 February 2017.
Salary Increases:
effective from 1 February in 2017; and
effective from the first full pay period on or after 1 February in 2018, 2019 and 2020.
2017
2018
2019
2020
2.5%
*Additional 1% for Maintenance, Grounds and Green Keeping staff at qualified trade (Level 2(b)) and supervisor (Level 3) levels for each year of the MEA.
*Level 2 General Operational Staff will receive an increase of 2.7% in 2017.
*Some child care classifications will receive a higher increase in These classifications are marked with an * in Table 1(d) of Schedule 1 at the back of the MEA.

5. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Flexibility
The Employer and the Employee may agree to an individual flexibility arrangement on one or more of the following matters:
arrangements about when work is performed;
allowances; and
leave loading.
The following additional matters may now be also be part of a flexibility arrangement:
overtime rates; and
penalty rates.
To provide the same flexibility in the MEA that is provided in the Modern Award.
School Service Date
The school service date is defined in the current MEA as the usual commencement date of employment at the School for Employees who are employed by the School and who commence work on the first day of the first term.
The definition remains unchanged and there is a new provision that states that upon commencement the Employee will notify an Employee, who is paid an averaged rate of pay, of the school service date in writing.
Clarity around payment of wages to Employees who receive an averaged rate of pay.

6. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Payment of Part-Time Employees who work additional hours
Part-Time Employees who work additional ordinary hours are paid at the ordinary rate of pay, unless pay is averaged.
Part-Time Employees who work additional hours within the span of ordinary hours will be paid at the casual hourly rate.
Necessary to ensure that the MEA meets the BOOT.
Casual Loading
20%
25%
Termination Clause
No requirement in the MEA to ensure that notice of termination of employment is provided before the effective date of termination.
The termination clause now provided that the Employer must give notice of termination prior to actual termination to ensure clarity around notice periods, in particular in relation to redundancy processes.
To ensure compliance with the Fair Work Act.

7. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Forfeiture Clause
Provision for Employer to withhold monies from staff if required notice of resignation is not provided by the Employee.
MEA now requires the Employer to obtain written consent to withhold monies from an Employee who has not given sufficient notice of resignation.
However, if consent is not provided, a debt is created which the Employer may pursue.
To ensure compliance with the Fair Work Act.
Junior Rates
Applicable to designated classifications.
Now applicable to the lower levels in the designated classifications.
Necessary to ensure that the MEA meets the BOOT.

8. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Allowances
Travelling Expenses
Weekly allowance for an Employee required to provide a motor car or a per kilometre allowance where the Employee’s own motor vehicle is used on a casual or incidental basis.
The weekly car allowance only applies to Employees employed before 31 December 2016 who are required to provide a motor car for other than casual or incidental use. For travel of more than 138 kilometres per week an additional per kilometre amount will be paid. For Employee’s employed from 1 January 2017 or those Employees who are required to use their motor car or motor cycle on a casual or incidental basis a per kilometre rate is paid.
Necessary to ensure that the MEA meets the BOOT.

9. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Uniform and Protective Clothing
Applicable to Maintenance, Grounds and Green Keeping, Canteen and Uniform Shop Staff, General Operational Staff and Nurses. Where a uniform is required it is provided and laundered or a laundry allowance is paid.
Applicable to all classifications in the MEA. Where a uniform is required it is provided and laundered or a laundry allowance is paid.
Necessary to ensure that the MEA meets the BOOT.
First Aid
Applicable to Clerical and Admin Staff, School Assistants, Maintenance, Grounds and Green Keeping Staff, Canteen and Uniform Shop Staff and Bus Drivers who are the designated to perform first aid.
Applicable to all classifications in the MEA (except Nurses) provided that the Employee is designated to perform first aid.

10. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
On Call Allowance
N/A
An Employee who is required by the Employer to be on call and available for recall is entitled to an allowance of one hour’s pay. Not payable to those provided with exclusive use of free accommodation.
Necessary to ensure that the MEA meets the BOOT.
Recall Allowance
Applicable to Nurses –2 hours’ pay at overtime rates.
Applicable to all classifications in the MEA. An Employee who is recalled to duty will be paid a minimum of 2 hours’ pay at overtime rates. Not payable to those provided with exclusive use of free accommodation.
Sleepover Allowance
Applicable to Nurses and Boarding House Staff.
If the Employee has exclusive use of free accommodation no sleepover allowance is paid.
The on call and recall allowances are not paid in addition to the sleepover allowance.

11. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Tool Allowance
N/A
Applicable to all qualified tradespersons who have to provide their own tools of trade to perform their work.
Necessary to ensure that the MEA meets the BOOT.
Caretaker Accommodation
A Caretaker required to reside in premises provided by the Employer, will be provided with living quarters, fuel and light at no cost to the Employee.
No on call or recall allowance is paid where a Caretaker is provided with accommodation.

12. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Higher Duties
Currently apply to all staff except Wellbeing classification.
The higher duties provision has been extended to include Wellbeing Staff.
Necessary to ensure that the MEA meets the BOOT.
Payment of Wages
Wages payable either fortnightly or half monthly.
Wages payable fortnightly or monthly (and if monthly on or around the 15th day of each month, provided that the payment is two weeks in advance).
To bring the wording of the payment of wages clause in line with the provisions of the Teacher MEAs.
Span of Ordinary Hours
Note: Start and finish times can be varied by one hour by mutual agreement by the Employer and the majority of Employees in a particular group.

13. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Clerical and Admin, School Assistants, Canteen and Uniform Shop Staff and Wellbeing Services Staff
Monday to Friday – 38 hours per week.
7.00 am to 6.00 pm – Monday to Friday.
Straight and broken shift penalties have been extended to these classifications.
Necessary to ensure that the MEA meets the BOOT.
Maintenance, Grounds and Green Keeping Staff, Bus Drivers and Cleaners
Half day Saturday for the purpose of watering ovals, paid as time in lieu.
Bus drivers could work broken shifts. Cleaners could work shifts and broken shifts.
6.00 am to 6.00 pm – Monday to Friday.
6.00 am to pm – Saturday for essential watering duties or marking playing field areas.
Saturday penalty rate
of 50% will apply.
Straight and broken shift allowances have been extended to all of these classifications.

14. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Nurses
152 hours per four week cycle.
6.30 am to 6.30 pm – Monday to Friday.
Weekend penalty rate of 50% on weekends.
Straight and broken shift penalties have been extended to Nurses.
Necessary to ensure that the MEA meets the BOOT.
Boarding House Staff (BHS)
172 hours per four week cycle.
Casuals are paid a Sunday penalty of 30%.
6.00 am to 6.00 pm – Monday to Sunday.
Hours can be averaged over 12 months and in that case overtime, penalty rates and shift work provisions do not apply.
Straight and broken shift penalties have been extended to BHS.
Where hours are not averaged over a period of 12 months, part-time and full-time BHS will be paid a 35% Sunday penalty for ordinary hours worked on a Sunday. The Sunday penalty for casual BHS of 30% continues to apply.

15. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Ordinary Hours of Work (for all classifications except Boarding House Staff)
38 hours per week
For all classifications except boarding house staff the 38 ordinary hours of work may be averaged over a fortnight or a four week period. (Boarding House Staff can average their hours over a 12 month period.)
To provide the MEA with the flexibility in Modern Award.
Shift Work Penalty
Shifts could be worked by Child Care staff and Cleaners.
The following shifts could be worked:
Early morning shift
Afternoon shift
Night shift
Afternoon shifts and night shifts can now be worked by all classifications of Employees.
Shift work no longer includes an early morning shift.
Necessary to ensure that the MEA meets the BOOT.

16. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Penalties Payable to Employees on an Averaged Rate of Pay
Penalties except for overtime are payable on the averaged rate of pay if the Employee normally receives an averaged rate of pay.
Penalties are calculated on the unaveraged rate of pay. For example, for a 150% penalty, the ordinary averaged rate is paid plus 50% calculated on the unaveraged rate.
Necessary to ensure that the MEA met the BOOT.
Broken Shift Penalty
Broken shift and excess fares allowance applicable to Childcare workers, Bus Drivers and General Operational Staff.
Broken shift allowance now applies to all classifications. The excess fares allowance has been removed and a less complicated broken shift penalty of 15% applies to all classifications.
Necessary to ensure that the MEA meets the BOOT.

17. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Rostering of Shift Work
N/A
A roster showing normal starting and finishing times and the name of each Employee will be displayed at least seven days before the commencement of the roster period.
If an Employee is rostered to work ordinary hours on a weekend then the appropriate weekend penalty rate will apply.
A roster may be altered by mutual consent at any time or by amendment of the roster by the Employer on seven days’ notice.
Necessary to meet the BOOT.

18. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Rostering of Shift Work continued
N/A.
A roster may also be altered at any time to enable the functions of the Employer to be carried out where another Employee is absent from work due to illness or in an emergency. In such circumstances, unless agreed between the Employer and the Employee, an Employee must be given 48 hours’ notice of a change to a rostered shift. If 48 hours’ notice is not provided, the Employee will be entitled to a penalty of 50% of the ordinary time rate instead of any other penalty that may apply.
Where such alteration requires an Employee to work on a day which would otherwise have been the Employee’s day off, the day off instead will be arranged by mutual consent.
Necessary to meet the BOOT.

19. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Overtime on a Sunday for Wellbeing Staff and Boarding House Staff
No specific provision for overtime on a Sunday for Wellbeing Staff and Boarding House Staff.
Wellbeing Staff and Boarding House Staff will be paid overtime at double time on Sundays.
No overtime is paid to Boarding House Staff where the Employee’s hours are averaged over 12 months.
Necessary to ensure that the MEA meets the BOOT.
Overtime for Nurses
Overtime to be paid at time and one half for Monday to Sunday.
Nurses will be paid overtime at the rate of time and a half for all work performed in a weekend.

20. Changes to the Terms and Conditions
Term or Condition
Current provision
MEA 2017
Rationale for the change
Maternity Leave (ML)
ML can currently commence six weeks prior to the anticipated date of birth; the date of birth; or not later than the date of birth.
In addition to the current provisions, the MEA now states that where the date of birth falls during the summer non-term time then the ML can commence at a later date agreed between the Employer and the Employee.
To clarify when maternity leave can start if the date of birth falls during the summer non-term time.
Long Service Leave (LSL)
The MEA currently provides that LSL is paid in accordance with the provisions of the Long Service Leave Act 1955 (NSW) (LSL Act).
The MEA now includes the provision from LSL Act that LSL is paid at either (i) the Employee’s weekly rate of pay immediately prior to commencing LSL; or (ii) the Employee’s average weekly rate of pay during the five years prior to the date immediately before the Employee commences the leave; whichever is the greater.
The MEA also includes a provision to say that the above does not apply where the Employee and the Employer agree to the postponement of the taking of LSL in accordance with the LSL Act.
There is no change to the payment of LSL. This change was made to make the MEA a more user friendly document for Employees and Employers and to reduce the need to refer back to the LSL Act.

21. The Vote
With the consent of the IEU, the School has decided to put the Agreement to staff.
The Agreement provides certainty for wage increases for the next 4 years.
We will hold the vote from 8.00 am on Monday 31st October 2016 to 4.00 pm on Friday 4th November 2016.
If over 50% of those who vote, vote ‘yes’ the Agreement is valid.
(e.g. If 10 people vote out of a staff of 100, and 6 vote ‘yes’)
If a ‘yes’ vote, the Agreement will be lodged with the Fair Work Commission before the end of the school year.
The vote will be by secret ballot.

22. What if? If you vote ‘no’, the current Agreement remains in place.
Current salary rates and conditions continue to apply (frozen in time).
The offer will not be varied on an individual school basis.
If you vote ‘yes’:
The first 2.5% wage increase is effective on 1 February 2017.
Followed by 3 years of 2.5% wage increases effective from the first full pay period on or after 1 February in that year.
We don’t need to repeat this process for 4 years.
It is important that all staff participate in the process – please vote!

23. Your Decision
A copy of the Agreement was sent to you all via on (insert date).
A copy of the Agreement is also available for your review at [insert location, school intranet, hard copy in staff room].
Contact [insert relevant employee] or [insert address] if you have any questions.
REMINDER
Your ballot papers are available from (insert details, e.g. room xx, between 8 am -11 am and 3 pm - 4 pm, from Ms Jones). The ballot box will be in room xx, between 8 am - 4 pm each day of the week commencing Monday 31st October 2016 to Friday 4th November 2016.