Get documents about "CONTRACT OF EMPLOYMENT
Document Sample
CONTRACT OF EMPLOYMENT
BUSINESS MANAGER OR OTHER AWARD
FREE SENIOR MANAGER
BETWEEN
______________ COLLEGE
AND
______________________
THIS CONTRACT OF EMPLOYMENT is made on (date)____________
BETWEEN:
___________ College, of Address______________ (‘College’)
AND
________________ of Address ________________ („You’ or ‘Employee’)
RECITALS
A. The College will employee you as a ___________________
B. The parties have agreed to this contract of employment on the terms and conditions
detailed in this agreement.
TERMS AND CONDITIONS
1. INTERPRETATION
1.1 Definitions
In this document unless the context otherwise requires:
„Confidential documentation‟ means correspondence, reports, accounts, bank,
legal or other documents, recordings or photographs which are marked
“Confidential” or contain or relate to Confidential information.
„Confidential information‟ means all information of a confidential nature
regarding the past, current or future interests or state of affairs of the College,
Catholic Church Endowment Society Incorporated, the South Australian
Commission for Catholic Schools Incorporated or any Catholic school or any
of their employees, contractors, associates or students.
„Employment‟ means the employment of the Employee constituted by this
Agreement.
„Salary‟ means the cash component of the Employee‟s remuneration.
„Weeks‟ pay‟ for the purpose of clause 8.1.3 means the total of yearly
remuneration (as at 1 February) multiplied by 6 and divided by 313.
Page 2 of 14
1.2 Construction
In this document unless the context otherwise requires:
1.2.1 words importing the singular include the plural and vice versa;
1.2.2 words importing any gender include the other gender;
1.2.3 references to persons include corporations and other entities;
1.2.4 references to this or any other document include the documents as
amended or replaced;
1.2.5 Clause headings are for reference purposes only;
1.2.6 The Recitals form part of this Agreement.
2. TERM
2.1 The College will employ you as the Business Manager from date ________ for
a fixed term of ____ years until _________ unless the contract of employment
is terminated for one of the defined reasons detailed in clause 8 (Termination).
2.2 Renewal
2.2.1 Subject to the completion of a satisfactory performance appraisal in the
fourth year (as detailed in clause 9) and subject also to there being
mutual agreement by both parties, you may be reappointed for a further
__ years but subject to clause 2.2.2 below.
2.2.2 Following the expiration of the initial term of this Agreement the
parties may renew this Agreement on the same terms and conditions or
on other conditions as may be agreed between them.
2.3 Probation
2.3.1 There will be an initial 6 months probationary period. The College
reserves the right to terminate the contract of employment during the
probationary period.
2.3.2 A performance appraisal will form part of the probationary process.
2.4 Character screening
2.4.1 Your appointment to the College is subject to the Catholic Education
Office advising me that you have successfully met the requirements of
the various character screening processed, including a police check.
2.4.2 The appointment is subject to ongoing police checks throughout your
employment at regular intervals as requested by the College.
Page 3 of 14
3. ACCOUNTABILITY
3.1 You are accountable for your performance to the College through the
Principal.
4. REMUNERATION
4.1 The College will provide the you with the following remuneration:
4.1.1 Total value of remuneration package (excluding compulsory employer
superannuation SGC contributions) = $_________ pa.
4.1.2 You will be entitled to the flow-on of any salary increases (in
percentage terms) granted to non-teaching staff through the enterprise
bargaining process.
4.1.3 You are entitled to salary package for a motor vehicle, superannuation
and other approved FBT-free items.
5. SUPERANNUATION
5.1 The College will contribute a minimum of 9% superannuation contributions in
accordance with superannuation guarantee obligations.
5.2 You are eligible to make pre-tax contributions to the Catholic Church Staff
Superannuation Fund (South Australia) or the Non Government Schools
Superannuation Fund (or their successors) or to another complying
superannuation fund.
5.3 Enclosed with this contract (Appendix 2) is information relating to the relevant
superannuation funds, including copies of the funds‟ Privacy policies. By
accepting this offer of employment in writing, you are consenting to the
provision of your personal information, including any health information,
between your employer and your chosen superannuation fund and their service
providers in order to facilitate provision of benefits in the course of your
employment and for the management of superannuation funds.
6. EXPENSES
Subject to the provision of evidence to the satisfaction of the Principal and following
authorisation by the Principal, the College will reimburse you for any out of pocket
expenses reasonably incurred by you in carrying out your duties or responsibilities as
determined by the College.
7. RESPONSIBILITIES
7.1 You
Page 4 of 14
7.1.1 Are responsible to the Principal of the College for the duties as detailed
in the role description as set out in Annexure 1 which is attached.
7.1.2 Will faithfully, competently, efficiently and diligently perform your
duties and responsibilities consistent with this Agreement and with the
position to which you have been appointed.
7.1.3 Will devote the whole of your time, attention and skills during the
normal hours of the College and at such other times as may be
reasonably necessary to the College in the performance of your duties
and responsibilities unless prevented by incapacity and except during
leave.
7.1.4 Will keep yourself informed of matters relating to your duties and
responsibilities which affect the College.
7.1.5 Will actively support the Catholic ethos of the College.
7.1.6 Will support the aims and philosophy of the College by making a
positive contribution to the development of a Christian community and
by being an example of Christian virtues.
7.1.7 Will ensure that you avoid injury to the religious susceptibilities of the
school community.
7.1.8 Will make yourself familiar with and abide by the SACCS policies and
the information, guidelines, instructions and policies contained in the
School Staff Handbook which is located ____________.
7.1.9 Will make yourself familiar with and abide by the various
Occupational Health, Safety and Welfare policies and procedures
applicable to the College. In this respect, you are required to take all
reasonable care to protect your own health and safety as well as that of
other persons with whom you come into contact in your employment.
7.1.10 Actively participate in any training offered by the College with respect
to Occupational Health, Safety and Welfare.
8. TERMINATION
8.1 Defined circumstances for termination of employment:
8.1.1 Misconduct
8.1.1.1 The College reserves the right to terminate without notice your
employment if you are guilty, as determined by the College, of
serious misconduct or other conduct at law which warrants
summary dismissal.
8.1.1.2 The College reserves the right to terminate your employment if
your conduct or manner of life is determined by the College to
Page 5 of 14
be prejudicial to the success of the work for which you have
responsibility or is offensive to the religious susceptibilities of
the Catholic community.
8.1.1.3 The Schools reserve the right to terminate your employment if
you wilfully breach a condition of this Agreement.
8.1.1.4 If this agreement is terminated in accordance with clause
8.1.1.1, 8.1.1.2 or 8.1.1.3 the College will accept no
responsibility for your professional and financial future except
at its discretion.
8.1.2 Unsatisfactory Performance
8.1.2.1 The College reserves the right to terminate your employment
on the giving of 6 weeks notice or payment in lieu of notice if
your performance is unsatisfactory in the reasonable opinion of
the College and you have not, during a reasonable period of
time, and following assistance from the College, rectified the
unsatisfactory aspects of your work performance.
8.1.2.2 In the event that your employment is terminated in accordance
with clause 8.1.2.1, the College‟s financial obligation to you
will expire upon the expiry of the notice period (or with
payment in lieu of notice).
8.1.3 Redundancy
8.1.3.1 The College reserves the right to terminate the your
employment on the giving of 12 weeks notice and following
consultation with you if your position becomes redundant.
8.1.3.2 Severance payments will be as follows: 12 weeks pay plus 1
week‟s pay for each completed year of service. Following the
payment of severance payments, the College‟s financial
obligation to you will expire.
8.1.4 Probation
8.1.4.1 The College reserves the right to terminate the employment of
the Employee during the probationary period as detailed in
clause 2.3.
8.1.5 Termination by the Employee
8.1.5.1 You may terminate the employment contract on the giving of 6
weeks notice or on 4 weeks notice during the probationary
period.
9. PERFORMANCE APPRAISAL
Page 6 of 14
9.1 At least 6 months prior to the expiration of the first 5 year period of tenure of
this contract of employment, the parties will agree to an appraisal process in
relation to your employment. The outcome of the appraisal will determine
whether the College will offer you a further 5 year appointment. The terms of
the appraisal are to be committed to writing and given to You.
9.2 The terms of the appraisal should address the following matters:
9.2.1 the form of the appraisal
9.2.2 the conduct history of the employee in the current term
9.2.3 who is to be involved in the appraisal
9.2.4 what is to be the content of the appraisal
9.2.5 provision of an opportunity for formal as well as informal
communications
9.2.6 provision of a framework for your professional development.
10. LEAVE
10.1 Annual Leave
10.1.1 You are entitled to Annual Leave of 4 weeks per annum for each
completed year of continuous service.
10.1.2 Annual leave is to be taken during school vacation periods.
10.1.3 Annual leave is cumulative.
10.1.4 Annual leave does not include public holidays falling within the period
of leave.
10.1.5 A leave loading equal to 17.5% of four weeks salary up to a maximum
of the Australian Bureau of Statistics average weekly total earnings of
all males applicable to the March quarter in the school year in which
the payment is made will be paid in the first full pay period in
December. Pro-rata leave loading is payable for service of less than a
full year.
10.2 Christmas Leave
Additional paid leave will be provided for the days between Christmas Day
and New Year‟s Day. Public holidays falling within this period of leave will
be included in the Christmas Leave.
10.3 Sick Leave
Page 7 of 14
10.3.1 You will accrue sick leave at the rate of 10 days per annum. Sick leave
is cumulative.
10.3.2 If required by the Principal you must produce a medical certificate for
the day or days in respect of which sick leave is claimed.
Page 8 of 14
10.4 Carers’ Leave
You may access up to 5 days (or equivalent part days) per year of accrued
combined sick/bereavement leave if required to provide care and support to a
sick family or household member. This leave is not cumulative.
10.5 Bereavement Leave
10.5.1 You are entitled on the death of close relative or a person demonstrated
to the satisfaction of the Principal to be a person of significant
relationship to you to leave with pay for 2 days.
10.5.2 If you have used this leave for Carers‟ Leave and you subsequently
suffer a bereavement, the you may use 2 days from your sick leave
entitlement.
10.6 Long Service Leave
Long Service Leave is available in accordance with the Long Service Leave
Act as amended and must be taken in accordance with South Australian
Commission for Catholic School Guidelines.
10.7 Special Leave
Special leave, with or without pay, is available at the discretion of, and on such
terms as are agreed by the College.
10.8 Parental Leave
The following types of leave are forms of parental leave: adoption leave,
extended adoption leave, special adoption leave, maternity leave, paternity
leave, extended paternity leave, child rearing leave.
Parental Leave is available in accordance with the provisions of the SA
Catholic Schools Enterprise Agreement (as amended).
10.9 Paid Family Events Leave
10.9.1 You are entitled to two days paid leave per school year for special,
non-recurring family events such as graduation ceremonies for self or
family, moving house or other special family events such as are
approved by the Principal.
10.9.2 The leave is not cumulative and is available on a pro rata basis for part
years.
11. ASSISTANCE WITH COSTS OF WORK-RELATED STUDY
You are eligible for assistance with the costs of work-related study through the Study
Incentive Program (SIP), a centralized Fund which allocates full and part subsidies for
the costs of approved courses of study and training. Applications are sought on a
Page 9 of 14
yearly basis from employees to a Committee, which will make recommendations in
relation to the allocation of funds to the Director of Catholic Education.
12. CONFIDENTIALITY
12.1 You will treat as strictly confidential all Confidential Documentation and
Confidential Information acquired by you in accordance with clause 1 and
will not disclose such information to any third party.
12.2 You will not use any Confidential Documentation or Confidential
Information for your own benefit or for any purpose other than the
performance of your duties pursuant to this agreement.
12.3 You will upon demand by the Principal hand over to the College all
Confidential Documentation as may be in your possession power or control
and not retain any Confidential Documentation or copies of Confidential
Documentation other than in the course of and for the purposes of the
employment.
12.4 A copy of the College‟s Privacy Policy and other privacy information for
employees is attached to this contract as Appendix 3.
13. NON-COMPETITION DURING EMPLOYMENT
You will not during your employment or without the approval of the College, enter
into the service of or be employed by any other organisation or person, or be engaged
or concerned in the direction, management or control of any other business, firm or
corporation without the express consent of the College in writing.
14. DISPUTE RESOLUTION
14.1 If you have a grievance it should be discussed with the Principal.
14.2 If the matter remains unresolved, it shall be submitted to an agreed mediator
for the purposes of conciliation and mediation. Either party may initiate the
procedure by giving the other party notice. The notice must state that a dispute
has arisen and identify what is disputed.
14.3 Where mediation is initiated the parties shall appoint a mediator by agreement
or failing agreement, a mediator will be appointed by the School Board
Chairperson.
14.4 The parties must observe the instructions of the mediator about the conduct of
the mediation.
14.5 Either party may have the assistance of another person for the purpose of these
procedures.
15. NON WAIVER
Page 10 of 14
The failure of the College to insist upon strict performance of any of the terms of this
agreement or any delay by the College in exercising any of its remedies or rights shall
not constitute or be deemed a waiver or variation by the College of any terms of this
agreement.
16. SEVERANCE
If any provision of provisions of this agreement shall be held unenforceable by any
Court the remaining provisions shall be unaffected and shall continue in full force and
effect.
17. GOVERNING LAW
This agreement shall be governed by, construed and take effect in accordance with the
law in force in the State of South Australia.
18. ENTIRE AGREEMENT
This agreement constitutes the entire agreement and understanding between the parties
as to its subject matter and supersedes all prior agreements, understandings and
negotiations whether written or oral.
19. VARIATION
This agreement shall not be modified, varied or amended except in writing signed and
dated by you and the College.
20. GENERAL
The conditions of this agreement which are capable of having effect after the
expiration of the agreement shall remain in full force and effect following the
expiration or termination of the agreement.
EXECUTED BY THE PARTIES:
For the College:
Signed for and on behalf of _______________________ College by the Principal:
Signed: __________________________________
In the presence of (Name of witness): __________________________________
Signed: __________________________________
Page 11 of 14
Page 12 of 14
For the Employee:
Signed by the Employee: __________________________________
Signed: __________________________________
In the presence of (Name of witness): __________________________________
Signed: __________________________________
Page 13 of 14
Appendix 1
Duty Statement
Attach up to date and agreed duty statement.
Appendix 2
Superannuation privacy information
Appendix 3
School Privacy policy and information
Page 14 of 14
