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CONTRACT OF EMPLOYMENT

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CONTRACT OF EMPLOYMENT Powered By Docstoc
					 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.



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     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.


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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



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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
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       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:                                    __________________________________

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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

				
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