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					Pearson Assessments and Testing
Employee Collective Agreement 2007




1.       Title
This Agreement shall be known as the Pearson Assessments and Testing Employee Collective Agreement
2007.


2.       Arrangement

1.     Title ......................................................................................................................................................... 1
2.     Arrangement ........................................................................................................................................... 1
3.     Date and Period of Operation................................................................................................................. 1
4.     Application .............................................................................................................................................. 2
5.     Parties Bound ......................................................................................................................................... 2
6.     Protected Award Conditions ................................................................................................................... 2
7.     Relationship between the Australian Fair Pay and Conditions and this Agreement .............................. 2
8.     Employment Status ................................................................................................................................ 2
9.     Classifications......................................................................................................................................... 3
  9.1.       Pearson Team Member Grade 1 .................................................................................................... 3
  9.2.       Pearson Team Member Grade 2 .................................................................................................... 3
  9.3.       Pearson Team Member Grade 3 .................................................................................................... 3
10. Hours of work.......................................................................................................................................... 3
  10.1.      Ordinary Hours................................................................................................................................ 3
  10.2.      Additional Hours.............................................................................................................................. 3
11. Breaks..................................................................................................................................................... 3
  11.1.      Rest Breaks..................................................................................................................................... 3
  11.2.      Meal Breaks .................................................................................................................................... 3
12. Remuneration ......................................................................................................................................... 3
  12.1.      Payment for working ordinary hours ............................................................................................... 3
  12.2.      Payment for working more than 38 hours in a week....................................................................... 4
  12.3.      Payment for working public holidays .............................................................................................. 4
  12.4.      Remuneration reviews .................................................................................................................... 4
13. Payment of Wages ................................................................................................................................. 4
14. Annual leave, Sick Leave and Compassionate Leave ........................................................................... 4
15. Carers Leave .......................................................................................................................................... 4
16. Parental Leave........................................................................................................................................ 5
17. Standing Down Employees .................................................................................................................... 5
18. Superannuation ...................................................................................................................................... 5
19. Disputes Resolution................................................................................................................................ 5
20. Signatures............................................................................................................................................... 6



3.       Date and Period of Operation

This Agreement shall operate from the date of lodgement with the Office of the Employment Advocate and
remain in force for a period of 3 years.
4.    Application

This Agreement shall apply to all employees of NCS Pearson Pty Ltd trading as Pearson Assessments and
Testing (the Company) engaged at the Company’s workplace at 100 Station Street, Nunawading, Victoria,
3131 and who are engaged in a classification which falls within the classification structure set out in clause
9 of the Agreement.


5.    Parties Bound

This Agreement shall be binding upon:

a)   NCS Pearson Pty Ltd trading as Pearson Assessments and Testing: and
b)   All employees of the Company who are described in clause 4 – Application.


6.    Protected Award Conditions

The Agreement will operate to the exclusion of any awards or workplace agreement. For the avoidance of
doubt, this means that any provisions of the Clerical and Administrative Employees (Victoria) Award 1999,
the Graphic Arts General Award 2000 and the Storage Services General Award 1999 and any other Award
that may apply from time to time which deal with the following matters are excluded and have no effect
except to the extent expressly provided by this Agreement.

a)  rest breaks;
b)  incentive-based payments and bonuses;
c)  annual leave loadings;
d)  observance of days declared by or under a law of a State or Territory to be observed generally within
    that State or Territory, or a region of that State or Territory, as public holidays by employees who work
    in that State, Territory or region, and entitlements of employees to payment in respect of those days;
e) days to be substituted for, or a procedure for substituting, days referred to in paragraph(d);
f) monetary allowances for:
   i. expenses incurred in the course of employment; or
   ii. responsibilities or skills that are not taken into account in rates of pay for employees; or
   iii. disabilities associated with the performance of particular tasks or work in particular conditions or
         locations;
g) loadings for working overtime or for shift work;
h) penalty rates;
i) outworker conditions;
j) any other matter specified in the regulations.


7.    Relationship between the Australian Fair Pay and Conditions and this
      Agreement

The Australian Fair Pay and Conditions Standard (“the AFPC Standard”) is a set of minimum employment
entitlements prescribed within the Workplace Relations Act 1996 (“the Act”). Any content of this Agreement
relating to the provisions of the AFPC Standard applies to the employee unless the AFPC Standard
provides a more favourable outcome for the employee in a particular respect within the meaning of the Act
(as amended).


8.    Employment Status

Employees are employed on a casual basis.
9.    Classifications

The following classification structure shall apply to employees covered by this Agreement.

     9.1.     Pearson Team Member Grade 1
      Indicative roles included in this classification are: Storeworker, DPC Assistant, Scanner Operator,
      Data Entry Operator, Professional Marker, Receptionist and Quality Assurance Officer.

     9.2.     Pearson Team Member Grade 2
      Indicative roles included in this classification are: Senior Professional Marker, Experienced Scanner
      Operator, Reconciliation Officer, Clerical Officer, Project Support Officer, Application Development
      Officer and Helpdesk Support Officer.

     9.3.     Pearson Team Member Grade 3
      Indicative roles included in this classification are: Team Leader and Administrative Officer.


10. Hours of work

     10.1.    Ordinary Hours
      A casual employee will be engaged to work on an hourly basis at any time and on any day of the
      week up to a maximum of 38 hours per week. These hours will be worked in accordance with
      established rosters at the workplace.

      The employee will be engaged for a minimum of two (2) hours for each engagement.


     10.2.    Additional Hours
      All hours worked beyond the specified ordinary hours of work will be considered as additional hours.
      The Company may require an employee to work reasonable additional hours.

      All additional hours will be paid at 1.5 times the basic hourly rate according the employee’s
      classification as set out in clause 12 – Remuneration.


11. Breaks

     11.1.    Rest Breaks
      An employee who works a shift of duration between 4 and 7 hours (including a 4 hour and/or 7 hour
      shift) on any day is entitled to one paid rest break of 15 minutes.

      An employee who works in excess of 7 hours is entitled to an additional paid 15 minute rest break.

      Such intervals are to be counted as time worked.


     11.2.    Meal Breaks
      All employees are entitled to an unpaid meal break of 30 minutes after 5 hours of continuous work.



12. Remuneration

     12.1.    Payment for working ordinary hours
      Employees will be paid a basic hourly rate in accordance with the following table for all ordinary hours
      worked. In addition a 20% casual loading will be paid.
                                                                                Overtime
                                           Basic hourly      Casual hourly      hourly rate of
        Classification                     rate of pay       rate of pay        pay

        Pearson Team Member Level 1        $15.59            $18.71             $23.39

        Pearson Team Member Level 2        $15.94            $19.13             $23.91

        Pearson Team Member Level 3        $16.67            $20.00             $25.01


     12.2.    Payment for working more than 38 hours in a week
      Employees will be paid at overtime rates for all hours worked in excess of 38 hours per week. The
      overtime rate is calculated as 1.5 times the basic hourly rate of pay.

     12.3.    Payment for working public holidays
      Employees who work on a public holiday will be paid at overtime rates.           The overtime rate is
      calculated as 1.5 times the basic hourly rate of pay.

     12.4.    Remuneration reviews
      Remuneration will be reviewed annually by the Company and will be in line with any increase in the
      Australian Pay and Classification Scales or the Federal Minimum Wage, as applicable to the
      employee.


13. Payment of Wages

Wages shall be paid fortnightly by electronic funds transfer into the employee's bank (or other recognised
financial institution) account.


14. Annual leave, Sick Leave and Compassionate Leave

Casual employees are not entitled to annual, sick or compassionate leave.


15. Carers Leave

Employees are entitled to carer’s leave in accordance with the Australian Fair Pay and Conditions Standard
as varied from time to time. This currently provides for up to 2 days unpaid carer’s leave per occasion to
care for a member of your immediate family or a member of your household who is ill or injured or is
affected by an unexpected emergency and requires your care.

‘Immediate family’ means:
a) a spouse, child, parent, grandparent, grandchild or sibling of the employee, or:
b) a child, parent, grandparent, grandchild or sibling of a spouse of the employee.

If an employee takes carer’s leave, the employee must notify the Company as soon as reasonably
practicable of their inability to attend work and, as far as practicable, state the reason(s) for the absence
and the estimated duration of the absence. The Company may ask for supporting evidence for carer’s
leave on each occasion.
16. Parental Leave

Eligible casuals are entitled to Parental Leave in accordance with the Australian Fair Pay and Conditions
Standard as varied from time to time.


17. Standing Down Employees

Standing down provisions are in accordance with the Workplace Relations Act 1996 as varied from time to
time.


18. Superannuation

The Company will make superannuation contributions on the employee’s behalf in accordance with
Superannuation Guarantee (Administration) Act 1992 as varied from time to time to a complying fund.


19. Disputes Resolution

a)   In the event of a dispute in relation to a matter arising under this Agreement, in the first instance the
     parties will attempt to resolve the matter at the workplace by discussions between the employee or
     employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute,
     by discussions between the employee or employees concerned and more senior levels of management
     as appropriate.

b)   A party to the dispute may appoint another person, organisation or association to accompany or
     represent them in relation to the dispute.

c)   If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the
     workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the
     Australian Industrial Relations Commission for resolution by mediation and/or conciliation and, where
     the matter in dispute remains unresolved, and if mutually agreed by the parties, arbitration. If arbitration
     is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence
     and submissions which are necessary to make the arbitration effective.

d)   It is a term of this Agreement that while the dispute settlement procedure is being conducted work shall
     continue normally unless an employee has a reasonable concern about an imminent risk to his or her
     health or safety. Subject to the concern regarding occupational health and safety, the employee must
     not unreasonably fail to comply with a direction by the Company to perform other available work,
     whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to
     perform.

e)   Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the
     parties at the time or, in default of Agreement, a member nominated by either the head of the relevant
     panel or the President.

f)   The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal
     against the decision to a Full Bench.

				
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