Collective Employment Agreement 2015 - Spectrum Care · Spectrum Care Collective Employment...

Collective Employment Agreement 2015

Community, Residential and

Vocational Workers Auckland, Waikato,

Bay of Plenty

Expires 31 August 2016

Spectrum Care Collective Employment Agreement 2015 2

SPECTRUM CARE COLLECTIVE EMPLOYMENT

AGREEMENT 2015

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION ........................................................................................................... 5

1 STATEMENT OF INTENT ............................................................................................................... 5 2 STATUS OF AGREEMENT ............................................................................................................. 6 3 PARTIES TO AGREEMENT ............................................................................................................ 6

3.1 Parties To This Agreement ................................................................................................. 6 3.2 New Employees .................................................................................................................... 6 3.3 Existing Employees .............................................................................................................. 6 3.4 Application ............................................................................................................................. 7

4 VARIATION OF AGREEMENT ........................................................................................................ 7

SECTION 2 - HOURS OF WORK ....................................................................................................... 8

5 GENERAL CONDITIONS ............................................................................................................... 8 5.1 Non-Residential Staff Working Monday to Friday ........................................................... 8 5.2 Support Staff Working in a Supported Independent Living Service .............................. 8 5.3 Support Staff Working in Home Support ........................................................................... 8 5.4 Residential Staff Working Rostered Shifts ........................................................................ 8 5.5 Residential Staff Working Fixed Shifts .............................................................................. 9 5.6 Holiday Arrangements ............................................................................................................ 9

6 ROSTERS .................................................................................................................................. 10 7 MINIMUM BREAKS BETWEEN SHIFTS ........................................................................................ 13 8 MEAL AND REST BREAKS .......................................................................................................... 14 9 SLEEPOVER DUTIES .................................................................................................................. 14 10 OVERTIME .................................................................................................................................. 15

SECTION 3 - REMUNERATION ....................................................................................................... 16

11 GENERAL ................................................................................................................................... 16 12 COMMUNITY SUPPORT WORKERS ............................................................................................ 16

12.2 Salary Scales: ..................................................................................................................... 16 13 HOUSE LEADERS ....................................................................................................................... 20

13.2 House Leader Salary Scale: ............................................................................................. 20 13.3 Staff employed before 1 November 2010: ...................................................................... 20

14 SERVICE CO-ORDINATORS ........................................................................................................ 23 14.1 Salary Scale: ....................................................................................................................... 23 14.2 Salary Review Criteria ....................................................................................................... 24 14.3 Process for Salary Reviews .............................................................................................. 25

15 CLERICAL AND ADMINISTRATIVE ............................................................................................... 26 15.1 Salary Scale ........................................................................................................................ 26 15.2 Salary Progression Criteria ............................................................................................... 27

16 GENERIC COMMUNITY SUPPORT TEAM .................................................................................... 27 17 REGISTERED NURSES ............................................................................................................... 29

17.2 Salary Scale ........................................................................................................................ 29 17.3 Salary Progression ............................................................................................................. 30

18 PSYCHOLOGISTS ....................................................................................................................... 30 18.2 Salary Scale ........................................................................................................................ 30


SECTION 4 - LEAVE PROVISIONS ................................................................................................ 32

19 STATUTORY HOLIDAYS ............................................................................................................. 32 20 ANNUAL LEAVE .......................................................................................................................... 33 21 PARENTAL LEAVE ...................................................................................................................... 34 22 LONG SERVICE LEAVE (APPLICABLE TO STAFF EMPLOYED IN AUCKLAND ONLY) .................. 34 23 STUDY LEAVE ................................................................................................................................ 35 24 BEREAVEMENT/TANGIHANGA LEAVE ........................................................................................ 35 25 JURY SERVICE LEAVE ............................................................................................................... 35 26 EQUIVALENT TIME OFF IN LIEU OF PUBLIC HOLIDAYS .............................................................. 36 27 SICK LEAVE ............................................................................................................................... 36

27.3 Discretionary powers ......................................................................................................... 37 27.4 Notification ........................................................................................................................... 37 27.5 Sick Leave in Relation to Annual and Long Service Leave ......................................... 38 27.6 Computation of Part-Day Absences ................................................................................ 38 27.7 Sick Leave for Part-time Employees ............................................................................... 38

28 DOMESTIC LEAVE ...................................................................................................................... 39 29 CASUAL EMPLOYEES ................................................................................................................ 39 30 LEAVE WITHOUT PAY IN RELATION TO SICK LEAVE ................................................................. 39

SECTION 5: ALLOWANCES AND PENAL PAYMENTS ..................................................... 40

31 PENAL PAYMENTS ..................................................................................................................... 40 32 INVOLUNTARY OVERTIME .......................................................................................................... 40 33 EMPLOYEES REQUIRED TO WORK ON PUBLIC HOLIDAYS ......................................................... 40 34 LIMITS ON OVERTIME AND PENAL PAYMENTS .......................................................................... 41 35 SLEEPOVER ALLOWANCE .......................................................................................................... 41

36 DISTURBANCE ALLOWANCE 41 37 ON CALL .................................................................................................................................... 42

37.2 Allowances .......................................................................................................................... 42 38 HIGHER DUTIES ALLOWANCE ................................................................................................... 43 39 RECOGNITION OF QUALIFICATIONS........................................................................................... 44 40 TRANSPORT ALLOWANCE ON TRANSFER .................................................................................. 44 41 TRANSPORT ALLOWANCE TO ATTEND TRAINING (AUCKLAND) ................................................ 45 42 TRAVEL TIME FOR ATTENDANCE AT OUT-OF-AREA TRAINING ................................................... 45 43 TRAVEL COSTS OF SENIOR SUPPORT WORKERS .................................................................... 46 44 REIMBURSEMENT OF EXPENSES ON EMPLOYER BUSINESS .................................................... 46 45 CLOTHING REIMBURSEMENT .................................................................................................... 46

SECTION 6 – OCCUPATIONAL SAFETY AND HEALTH ................................................... 47

46 OCCUPATIONAL SAFETY AND HEALTH ...................................................................................... 47 47 ACCIDENTS & ACCIDENT COMPENSATION................................................................................ 47

SECTION 7 - GENERAL TERMS & CONDITIONS ....................................................................... 49

48 CONSULTATION AND MANAGEMENT OF CHANGE ..................................................................... 49 49 STAFF TRANSFERS .................................................................................................................... 50 50 STAFF SURPLUS ........................................................................................................................ 50

50.6 Options ................................................................................................................................. 52 50.7 Reconfirmed in position ..................................................................................................... 53 50.8 Attrition ................................................................................................................................. 53 50.9 Redeployment ..................................................................................................................... 53 50.10 Leave without pay .......................................................................................................... 53 50.11 Retraining ........................................................................................................................ 53

51 REDUNDANCY 1: AUCKLAND ..................................................................................................... 54 52 REDUNDANCY: WAIKATO/BAY OF PLENTY .................................................................................... 55 53 REDUNDANCY 2 – AGREEMENT FOR AUCKLAND ADMINISTRATION STAFF .............................. 56 54 REDUNDANCY 3 – AGREEMENT FOR HOME SUPPORT CSWS ................................................. 57 55 REDUNDANCY AGREEMENT FOR SUPPORTED LIVING/LIVES OF CHOICE EMPLOYEES ........... 57 56 SAVINGS CLAUSE ...................................................................................................................... 58

56.2 Portability ............................................................................................................................. 58


57 ABANDONMENT OF EMPLOYMENT ............................................................................................. 59 58 TERMINATION OF EMPLOYMENT ............................................................................................... 59 59 SECONDARY EMPLOYMENT ...................................................................................................... 59 60 DISCIPLINARY POLICY ............................................................................................................... 59 61 RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS ..................................................... 60 62 LEGAL LIABILITY ........................................................................................................................ 61

SECTION 8 - REPRESENTATION ................................................................................................... 62

63 ACCESS TO AGREEMENT .......................................................................................................... 62 64 ACCESS TO PERSONAL FILES ................................................................................................... 62 65 DEDUCTION OF PSA FEES........................................................................................................ 62 66 PSA MEETINGS ......................................................................................................................... 62 67 LEAVE TO ATTEND PSA MEETING ............................................................................................ 63 68 RELATIONSHIP AGREEMENT ..................................................................................................... 63 69 EMPLOYEE-REPRESENTATIVE EDUCATION LEAVE ................................................................... 63 70 PSA REPRESENTATIVES RIGHT OF ENTRY .............................................................................. 63 71 SCHEDULES ............................................................................................................................... 64

SCHEDULE ONE ................................................................................................................................ 65

DEFINITIONS ....................................................................................................................................... 65

SCHEDULE TWO ................................................................................................................................ 66

SCHEDULE THREE ........................................................................................................................... 68

RETIRING GRATUITIES .................................................................................................................... 68

SCHEDULE FOUR .............................................................................................................................. 70

RELATIONSHIP AGREEMENT ........................................................................................................ 70

SCHEDULE FIVE ................................................................................................................................ 74

HOUSES NOMINATED FOR SPLIT SHIFTS ................................................................................. 74


SECTION 1 - INTRODUCTION

1 Statement of Intent 1.1 The parties to this agreement share a commitment to the Vision and Values of

Spectrum Care:

Vision: “People with disabilities living great lives”

Values: Person-centred; Innovation; Commitment & Passion;

Partnership; Excellence 1.2 To achieve the vision statement, the parties to this agreement are committed

to:

Promoting and upholding the rights of the people we support.

Promoting and progressing the rights of staff.

Ensuring work practices and procedures are safe. The improvement of productivity, efficiency and sustainability through a

commitment to quality.

Providing a competent, trained and well-motivated workforce. Providing a framework for the continuing development, training and

advancement of staff. Providing a framework and mechanisms for a fair, constructive,

consultative and harmonious relationship between Spectrum Care, its employees and the Public Services Association.

1.3 The purpose of this agreement is to help facilitate the achievement of mutual

goals and successful responses to sustainability and change. 1.4 The parties acknowledge the opportunities, challenges and constraints which

characterise the disability support sector and the impact these have on future service provision and development.


2 Status of Agreement This agreement is a collective employment agreement made pursuant to the

Employment Relations Act 2000.

3 Parties to Agreement

3.1 Parties to This Agreement

The Parties to This Agreement Shall Be:

(a) Spectrum Care Trust Board (hereinafter referred to as the “employer” or “Spectrum Care”);

(b) The New Zealand Public Service Association Incorporated (hereinafter

referred to as the PSA).

3.2 New Employees

The Parties agree that any new employee who is covered by the application clause of this Agreement (clause 3.4 below) shall be employed on the terms and conditions of this Agreement for the first 30 days of their employment. New employees shall, in the first instance, be offered in writing the opportunity to become a member of the union, which is a party to this Agreement. The new employee shall from the date of becoming a union member, be entitled to all the benefits, and be bound by all the obligations, under this Agreement. Further to this, the provisions of Section 62 of the Employment Relations Act 2000 shall apply. The employer as a part of the appointment process shall provide new employees, PSA membership forms and recruitment materials. Membership forms and recruitment materials shall be supplied by the PSA

The employees shall also be provided the names and contact details of the PSA local delegates and Union Organiser, which shall be supplied by the PSA.

The Employer shall provide to the PSA names, contact details and work

location of all employees (within the application clause) that have been appointed, provided that employees have given their permission to do so (such permission shall be sought by the Employer upon commencement). This information shall be provided within 14 days of commencement of employment.

3.3 Existing Employees

Existing employees who are covered by the application Clause of this Agreement (Clause 3.4) may become union members at any time. Employees shall, from the date of becoming a union member, be bound by all benefits and obligations relating to employees under this Agreement.


3.4 Application

This agreement shall apply to: (a) Community Support Workers (b) Home Support Workers (c) House Leaders (d) Service Coordinators (e) Transition Coordinators (f) Team Leaders (g) Clerical and Administrative Staff (h) Community Support Team(s) (i) Persons employed as Registered Nurses (j) Any other employees substantially employed in the above occupational

groups who may from time to time use an alternative title who are employed by Spectrum Care in Auckland, Waikato or Bay of Plenty.

3.4.1 This is a minimum rate document.

4 Variation of Agreement This agreement may be varied by agreement between the Employer, PSA and

a majority of those employees who are directly affected by such variations. Such agreement shall be in writing and signed by the parties. Any such variations to this agreement shall be included as appendices to this agreement and/or in the personnel files of the affected employees. A copy shall be provided to both the affected employee and the PSA.


SECTION 2 - HOURS OF WORK

5 General Conditions

Spectrum Care supports the delivery of a quality service by a permanent workforce. Wherever practicable Spectrum Care will ensure the employment of permanent staff.

5.1 Non-Residential Staff Working Monday to Friday

For staff employed in areas of the business where rostered work patterns do not apply, core hours of work are 40 hours per week Monday to Friday, 8.00am to 6.00pm. However, due to the nature of the business such staff may be required to vary their hours from time to time as may be necessary to meet business needs. Any work outside core hours will be agreed between the manager and the employee concerned.

5.2 Support Staff Working in a Supported Independent Living Service

Supported Independent Living services, such as Lives of Choice, support people to live in their own homes. People may live by themselves or with others. The level and timing of support is determined by the needs and preferences of the person. SIL is not intended to be a 24-hour support service but because the needs of people vary, staff employed in these services must be available for evening and weekend work as well as during the day. General patterns of work shall be established based on the needs of the individual client and in consultation with staff and their employee organisation.

Spectrum Care and the PSA have agreed to convene a joint working party during the term of this Agreement to discuss and agree an hours of work provision that will apply to these services. The working party will convene on or before 1 March 2016.

5.3 Support Staff Working in Home Support

The Home Support service supports people who are living with their families by providing in-home support and respite.

The start and finish times and hours of work shall be agreed between the family and the employer and employee.

5.4 Residential Staff Working Rostered Shifts

Spectrum Care’s residential services provide fully staffed houses for people with disabilities or other health needs. This is a 24-hour per day, seven days per week service. In these areas general patterns of work shall be established


based on the needs of individual clients and in consultation with staff and their employee organisation. Staff employed in these areas are generally expected to remain available for rostered shift work, including some evening and weekend work, excepting that with the agreement of both Spectrum Care and a majority of staff working in a home, and subject to the provisions of clauses 6.2 and 6.3, a roster containing fixed shifts may be drawn up.

5.5 Residential Staff Working Fixed Shifts

In order to ensure efficient staffing of houses, provision is made in this

agreement for an exception to 5.4 whereby it is agreed that where there is a genuine reason to do so, staff may be employed to work set or ‘fixed’ hours, provided that:

The staff member is employed for no greater than 20 hours per week

Fixed hours of work commencing between 6.00am and 11.30 am Monday to Friday shall be no greater than 5 hours for a single shift

In special circumstances, individual arrangements other than those described above may be approved after consultation between Spectrum Care and the Public Services Association

Should the fixed hours of work no longer be required or otherwise become superfluous to the needs of the house, the employee will be offered alternative hours, either in that house or elsewhere. Providing that the new hours and / or location that are offered do not unreasonably disadvantage the employee, then this circumstance will not be grounds for a claim of redundancy compensation as outlined in clauses 49 and 50. However, in the event that the employee chooses to decline the offer, Spectrum will pay the Employee a severance payment of four weeks pay, based on average earnings.

The staff member is expected to make themselves available for participation in Spectrum Care training activities outside of their rostered hours.

No staff member shall be rostered for more than one fixed shift (as defined by this provision) per day

Spectrum Care and the PSA agree that the number of “back shifts” (nights, weekends) required of rostered staff will not increase as a result of the introduction of fixed shifts

5.6 Holiday Arrangements

Supporting service users on an out-of-home holiday is voluntary. Arrangements regarding the holiday must be approved in advance by Spectrum Care management using the supplied form. Unless otherwise agreed, staff supporting a service user on holiday will receive a minimum payment as follows:

a) If more than one staff member is present during the holiday, each employee shall be entitled to a minimum payment of ten hours at his/her hourly rate plus a sleepover allowance for each complete day; or


b) If only one staff member is present during the holiday, he/she shall be entitled to a minimum payment of twelve hours at his/her hourly rate plus a sleepover allowance for each complete day.

Employees and their Service Manager may negotiate additional terms, provided that this is agreed in writing prior to going on holiday. Factors that may be taken into account include:

The ratio of staff to service users

The support needs of the individual(s) on holiday

The opportunity for staff to take breaks

The length of the holiday

The venue and location of the holiday

6 Rosters 6.1 Management representatives will set weekly rosters after consultation and

agreement as far as is practicable with the staff concerned and as per the provisions of clause 6.3.

6.2 The default roster structure shall be a rotating roster containing variable days

off. In the absence of any different agreement between Spectrum Care and employees concerning fixed shifts or days off, a rotating roster shall be drawn up which is subject to the following:

(a) Rosters shall be based on a maximum eight-week and minimum four-week

cycle. (b) The working week shall commence at midnight Sunday/Monday. (c) All duties shall commence between 0600 am and midnight. (d) The ordinary hours of work shall be 40 in each week on average. (e) Ordinary hours shall not be more than 8 in each day and are to be on a

continuous daily basis. (f) Ordinary hours are to be worked on any 5 days of the week, except where

changes and service requirements render it impracticable.

(g) No staff shall work more than five consecutive duties at any one time unless agreed otherwise by the employee. In the first instance the roster shall be drawn up as 5 on 2 off or 4 on 2 off. Only in the event that this is not practicable because of staffing levels or other constraints shall a roster based on 6 on 2 off be drawn up.

(h) A minimum of 2 consecutive days off are to be provided each week and Sunday/Monday may be included as consecutive days. Single days off shall be avoided as a routine rostering service, and there shall be no more than one single day off for an employee within a 4-week (28-day) period. Employees shall be discouraged from requesting single days off.


(i) Two consecutive days shall be deemed to be no less than 56 consecutive hours after completing an awake shift.

(j) Rosters are to be set and available for all staff with at least two weeks notice.

6.2.1 Applicable to staff employed in Waikato, Bay of Plenty only: In light of the

move to increased use of day services the parties agree to identify a mutually acceptable way of implementing rosters to accommodate this change. Such rosters may contain split shifts. If a staff member is required to work a split shift, he/she shall be entitled to payment of a split shift allowance of $20.00 for each split shift worked. PSA note: the issue of split shifts is under discussion. The preference of the PSA is that there are no split shifts.

6.3 Rosters shall be drawn up in consultation with, and the agreement of, staff working in the houses. The process to determine agreement shall be:

a) Employees shall be notified as soon as possible that their current rostering arrangements need changing.

b) Employees shall be given the opportunity to put forward their views and

preferences.

c) The roster that is proposed shall give consideration to a range of factors including:

Client and organisational needs

A fair allocation of shifts (after taking into account the duties of House Leaders)

How to optimise work-life balance

d) In no instance shall the period of consultation be less than 14 days. e) Either Spectrum Care managers or employees may propose a roster

containing fixed shifts or days off as an alternative to a rotating roster, provided that this roster also complies with the principles listed in 6.2

f) The agreement of both the Spectrum Care service manager and

employees is required before a roster containing fixed shifts or days off may be implemented. Neither party shall unreasonably withhold its agreement.

g) Once consultations are complete, a roster that is also consistent with client

and organisational needs shall be prepared and all employees (involved) shall have the opportunity to vote on the roster.

(h) Employee agreement on a roster shall be determined by at least 80% of

the full-time equivalent (FTE) staff working in a home. For example, if there are 6 FTE staff then a minimum of 4.8 FTEs must vote in support of a proposed roster.


(i) In the event that employees in the house cannot agree on the roster, then

a rotating roster shall be drawn up that complies with the provisions of the Collective Agreement, including 6.2. The roster that is drawn up shall ensure that all employees do a fair share of all the available shifts.

(j) At the end of the minimum consultation period provided for by this

Agreement, unless otherwise agreed, employees shall be entitled to a minimum of 14 days notice prior to the introduction of a new roster.

(k) Either Spectrum Care managers or employees may request a review of the roster structure no sooner than three months after the implementation of an existing roster, excepting that if there are pressing changes in the operational requirements for the home Spectrum Care managers may require an earlier review of the arrangements.

(l) Nothing in this Agreement, including such arrangements that may provide

for staff to work fixed shifts, shall be taken as allowing or implying that staff employed as per clause 5.2 are, or will be, exempt from the requirement to undertake rostered shift work as provided in 6.2. If agreement cannot be reached or is withdrawn in relation to fixed shifts then a rotating roster shall apply. Subject to subclause 5.3, Spectrum Care shall not be liable for a change in the roster arrangements provided that consultation is followed and notice provided.

(m) Employees may swap shifts with other employees only with the prior

approval of their Service Coordinator or House Leader. A reasonable period of notice is generally required.

(n) However, authority to change the structure of a house roster by, for

example, increasing or decreasing the expected level of staffing on a given shift, will require the approval of the Service Coordinator.

6.4 Special Arrangements for Split Shifts

Some Spectrum Care Homes only require a short shift in the mornings

because the people who live there are at a school, workplace or similar for the

daytime hours Monday-Friday. Where such conditions exist, these homes may

be subject to special staffing arrangements which may include split shifts as a

last resort. This arrangement shall not migrate to other parts of the

organization where there is not a genuine need. It is established to resolve a

unique situation and applies to the nominated houses listed in schedule (5).

Where there is a proposal to extend the use of split shifts and include a house

within the nominated house list, Spectrum Care shall outline the proposal and

demonstrate on a reasonable basis that there is a genuine service and/or

contractual grounds for introducing a split shift, to the PSA and staff of the

proposed house. The agreement of the PSA is required for any proposal by

the employer to extend split shift arrangements to other houses. That

agreement shall not be unreasonably withheld.


A split shift refers to a situation where the ordinary hours of work for a day are

split into two periods of work separated by one period of time spent off duty.

Split shifts are not allowable except under the following circumstances:

Limited to nominated houses where staffing is not required on a continuous

basis.

The rostering of split shifts shall be a last resort. The employer will actively

consider other alternatives first. Spectrum Care will work to eliminate the

use of split shifts as far as is possible.

Spectrum Care supports the employment of full-time staff and wherever

possible will ensure the employment of full-time staff.

Split shift arrangements in nominated houses shall be reviewed every 6

months to determine whether there is still a requirement for the use of split

shifts or whether alternative solutions are available.

Rosters containing split shifts shall be drawn up in consultation with, and

the agreement of staff working in the house. The process to determine

agreement shall be in accordance with clause 6.3 of the Spectrum

Care/PSA collective employment agreement but excluding the requirement

for hours on a continuous basis (6.2.e).

No employee shall be required to work more than two split shifts per week

and shall be limited to work no more than three split shifts per week.

Whenever possible, a split shift shall follow a sleepover.

The split shift shall include no more than two separate periods of work and

a minimum of three hours pay for each period of work during a split shift.

An employee working a split shift shall be entitled to a split shift allowance

of $20.00 for each split shift worked.

7 Minimum Breaks between Shifts

7.1 A minimum break of at least 9 hours shall be provided between two periods of

duty of a full shift or more, except where a sleepover duty is being performed, a minimum break of 8 hours shall be provided between two periods of duty of a full shift, where it is agreed by the employee.

7.2 The qualifying periods of work for the purpose of this clause are:

(a) normal rostered duties; or (b) overtime that is continuous with a period of normal rostered duty; or (c) periods of overtime/call-back

7.3 This requirement to provide a break wherever possible applies whether or not

any additional penalty payment will apply under the provisions of this clause. 7.4 Applicable to staff employed in Auckland only: If a break of at least nine

continuous hours cannot be provided the duty/shift is to be regarded as continuous until a break of at least nine continuous hours is taken and it shall be paid at overtime rates.

7.5 Applicable to staff employed in Auckland only: Time spent off duty during

ordinary hours solely to obtain a nine-hour break shall be paid at ordinary time


rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time shall be treated as a normal absence from duty.

The provisions of this clause shall not apply to those employees in receipt of Sleepover or On Call Allowance as provided for in Clauses 35 and 37 of this CA.

8 Meal and Rest Breaks

8.1 An interval of ten minutes shall be allowed to each employee within each period of four hours of work, to partake on the premises a refreshment break. A hot drink of tea or coffee with milk and sugar shall be available at Spectrum Care's expense at these times and at meal breaks.

8.2 No employee shall be required to work more than five hours without an

uninterrupted break of at least half an hour for a meal. 8.3 Workers required to have their meal with persons with a disability during their

meal break shall be paid through that meal break and this will form part of their ordinary hours of work.

9 Sleepover Duties

9.1 Sleepover duties shall be voluntary in the first instance but where this is impracticable (i.e. the staffing needs of the houses cannot be met or the need of the client changes) then sleepover duty will be shared evenly.

9.2 Sleepover duties will be subject to the following:

(a) An employee will work a maximum of two rostered sleepovers in any one week unless the employee agrees to work more.

(b) Sleepovers shall be for 8 hours and may commence between 2200 hours

and 2300 hours in accordance with the house roster.

(c) Sleepovers shall not commence before the first rostered duty, unless otherwise agreed by employee(s).

(d) Sleepovers shall not commence on the last rostered duty unless the

employee agrees to do a sleepover duty on their last rostered duty.


10 Overtime

10.1 Overtime, that is, time worked over and above employee’s ordinary hours, is to be authorised in advance by the relevant Manager. Overtime time shall be voluntary and will be paid at the normal hourly rate for all overtime hours worked.

10.2 In emergency situations, such as when there is no other staff cover present in

the home, an employee may be required to remain at work for a short period to allow for a replacement to arrive. This period, referred to as involuntary overtime, will not usually extend more than one hour. Involuntary overtime shall be paid at one and a half times the normal rate of pay for the first hour provided that it has been authorised by the relevant service manager.

10.3 Part time workers shall not qualify for this payment until they have worked for 8

hours per day or 40 hours in the week, being Monday to Sunday. Overtime shall be calculated on a daily basis.

10.4 Overtime will be operated according to the Best Practice Guidelines detailed in policy.


SECTION 3 - REMUNERATION

11 General 11.1 The rates of salary set out below shall be payable to all workers covered by

this CEA. 11.2 Normal progression through each grade shall be by annual increment except

where specifically stated otherwise. This shall not preclude accelerated increments, if, in the opinion of the Chief Executive Officer, such advancement is justified on the basis of merit.

12 Community Support Workers 12.1 The term Community Support Workers includes those employees known as

Home Support Workers, Aspirations and VHN Support Workers.

12.2 Salary Scales:

12.2.1 CSW Salary Scale

The following rates will apply from the beginning of the first full pay periods in September 2015

Sept 2015

CSW 1 $32,951.36 CSW 2 $34,681.43 CSW 3 $36,412.58 CSW 4 $38,142.64 CSW 5 $39,875.95 CSW 6 $40,748.58

Senior Support Worker $41,221.16 Provided that: Casual CSW employees may only progress to Step 5 of the salary scale


12.3 Staff employed before 1 November 2010:

12.3.1 Minimum Grading of Qualifications (a) CSW staff employed before 1 November 2010 will be graded at the following

step in the Community Support Workers Scale, in recognition of qualifications and experience of the employee as follows:

Step 1 Less than 1 years experience in a direct care role within the Health or

Community Care Industry.

Step 2 More than 1 years experience in a direct care role within the Health or Community Care Industry.

Step 3 Enrolled Nurse Registration and/or more than 2 years experience in a

direct care role within the Health or Community Care Industry.

Step 4 Registered Nurse and/or more than 3 years experience in a direct care role within the Health or Community Care Industry.

Step 5 More than 4 years experience in a direct care role within the Health or

Community Care Industry. Step 6 More than 5 years experience in a direct care role within the Health or

Community Care Industry (Auckland only)

(b) Management is authorised to appoint at any step in the Community Support Worker salary scale after taking into consideration educational qualifications, the extent and nature of relevant experience and Spectrum Care’s qualifications guidelines.

12.3.2 Salary Progression Criteria

Full time Automatic annual increment up to Step 6

Part time Next increment to a maximum of step 6 on completion of either:

2000 hours and a minimum of one year’s service; or

Two year’s service;

Whichever occurs first.

Casual employees Next increment to a maximum of step 5 on completion of either:




Senior Support Worker (step 7)

Grand-parented rate. Applies only to people employed as Senior Support Workers prior to 1 November 2015.


12.4 Staff employed after 31 October 2010:

12.4.1 Minimum Grading of Qualifications (a) CSW staff employed after 31 October 2010 will be graded at the following

step in the Community Support Workers Scale, in recognition of qualifications and experience of the employee as follows:

Step 1 Less than 1 years experience in a direct care role within the Health or

Community Care Industry.

Step 2 More than 1 years experience in a direct care role within the Health or Community Care Industry plus a Level 2 qualification.


Community Care Industry plus a Level 2 qualification.

Step 4 More than 3 years experience in a direct care role within the Health or Community Care Industry plus a Level 3 qualification.


Community Care Industry plus a Level 3 qualification. Step 6 More than 5 years experience in a direct care role within the Health or

Community Care Industry plus a Level 3 qualification (Auckland only)

(b) CSW staff employed after 31 October 2010 that do not meet the relevant

qualification criteria shall commence one pay step below the step that they

would otherwise be entitled to if appointment to a salary step were based

solely on the experience criteria.

o When the employee meets the relevant qualification criteria they will

transition onto the salary scale and they shall be entitled to be paid and

progress on the scale as per the full salary progression criteria.

o The employee shall not be entitled to progress on the scale until they meet

both the experience and qualification criteria.


12.4.2 Salary Progression Criteria

Full time Provided that qualification requirements are also met, annual increments up to Step 6

Part time Provided that qualification requirements are also met, next increment to a maximum of step 6 on completion of either:




Casual employees Provided that qualification requirements are also met, next increment to a maximum of step 5 on completion of either:




Senior Support Worker (step 7)

Grand-parented rate. Applies only to people employed as Senior Support Workers prior to 1 November 2015.

12.5 Qualifications Note

The qualifications referred to as Level 2, Level 3 or Level 4 are as follows:

Level 2: National Qualification in Community Support Services (Foundations

Skills)

Level 3: National Certificate in Community Support (Core Competencies)

Level 4: National Certificate (Senior Support Worker) National Cert. In Human

Services

Other relevant qualifications at an equivalent or higher level will be recognized at

the discretion of the Chief Executive


13 House Leaders 13.1 The term House Leader includes those employees known as Site Leaders.

The House Leader salary scale will also apply to people appointed as Senior Support Workers on or after 1 November 2015.

13.2 House Leader Salary Scale:


Sept 2015

Step 1 $40,748.58

Step 2 $41,708.87

Step 3 $44,142.66

Step 4 $46,699.86

Step 5 $49,118.50

13.3 Staff employed before 1 November 2010:

13.3.1 Base pay Movement through steps 1 – 4 of the House Leader salary scale shall generally be by

incremental progression as outlined in clauses (a) to (c) and subject to satisfactory

performance as defined in 13.3 (f), excepting that an employee already on step 6 of

the Community Support Worker pay scale who is subsequently appointed to a position

as House Leader shall be appointed to step 2 of the House Leader pay scale.

(a) Progression from step 1 – 2 is after 6 months (b) Progression from step 2 to step 3 is after 12 months

(c) Progression from step 3 to step 4 is after 12 months (d) The levels of remuneration outlined in the House Leader scale include

compensation for shift work. They are therefore based on the understanding that the employee will continue to be available for rostered shifts, including weekends, as may be required.

(e) In determining which step to appoint an employee to, the Manager may take into

consideration qualifications and / or previous experience in equivalent or higher roles.


(f) Satisfactory Performance A prerequisite for progression from steps 1-4 is satisfactory performance. For the purposes of this scale, satisfactory performance is performance that is judged as satisfactory or reasonable in the context of the appropriate performance appraisal and / or job description for the role.

The performance of the employee will be formally reviewed by his or her manager every six to twelve months.

Unsatisfactory performance may result in a postponement of the employee’s next yearly increment provided that:

The employee has been advised of his/her unsatisfactory performance in writing a minimum of three months prior to their increment date, and

Has since been given the opportunity to improve his/her performance with the support of clear goals and directives

Where an employee has been advised that he/she shall not be receiving his/her increment, the employee may seek a review of the decision according to the procedures outlined in the Employee Recourse Policy

Once there is reasonable evidence that performance expectations are being fulfilled, the salary will be adjusted with no change to the increment date.

13.3.2 Merit Step (step 5)

(a) Applicable to House Leaders employed in Auckland: The Employer

recognises the mutual benefit that may be achieved from supporting and

recognizing House Leaders’ practice to develop the capability to contribute at a

regional level, including at the level of a Service Coordinator.

Accordingly, the Employer commits to appoint to the merit step of the House

Leader scale at any one time, at a minimum, an average of three people per

region provided that those individuals have completed one or more years at step

four of the House leader scale.

In determining appointment to the merit step, the Employer will select those

individuals who possess suitable skills, experience and/or qualifications for

practice at a regional level and have demonstrated a commitment for the

organisations’ objectives.

An employee appointed to the merit step will be expected to make him or herself

available to contribute to regional and / or organizational coordination activities

such as House Leader and Service Coordinator relief and actively participate in

groups and projects, including health & safety, Network, Awhi or the Pacific

Group and union/employer working parties. The Employer will ensure that

appropriate support is provided to assist the House Leader in undertaking these

projects and responsibilities.


Eligibility for the merit step 5 will be regarded as re-earnable. In order to maintain

eligibility for merit pay the employee must continue to demonstrate high levels of

performance and on-going participation consistent with practice at a regional

level, provided that a lack of opportunities for participation shall not be grounds

for removing eligibility. In circumstances where there is a tangible decline in

performance, Spectrum Care reserves the right to remove eligibility and return

the employee’s remuneration to step 4 of the House Leader salary scale,

provided that:

the employee is advised in writing a minimum of three months prior to any

removal of merit pay; and

prior to such action being taken, is given the opportunity to improve their

performance with the support of clear goals and directives

where an employee has been advised of an impending removal of merit pay,

the employee may seek a review of the decision according to the procedures

outlined in the Employee Recourse Policy

The parties to this agreement acknowledge that while the merit step is intended

to support and recognize practice at a regional level, including service

coordination, appointment to this step does not oblige either the Employer or the

employee to appoint (or accept appointment) to a Service Coordinator position.

* Regions: South, Central, North-West, CYR (inclusive of Aspirations)

In support of equal opportunities, Spectrum Care will ensure that, excepting emergency requirements, all acting Coordinator positions and On-Call opportunities are advertised internally.

(b) Applicable to House Leaders employed in Waikato/Bay of Plenty only:

Appointment to step 5 requires the approval of the appropriate Senior Manager and is in recognition of a House Leader who is undertaking significant district projects or responsibilities that are clearly different from those normally expected of the position. House Leaders will be made aware of such opportunities as and when they arise.

Eligibility for step 5 will be regarded as‘re-earnable’. That is, should circumstances change, whereby an employee is unable or is no longer required to perform these extra duties, the employee shall be given one month’s notice of a discontinuation of the step 5 rate, following which their pay rate shall revert to its previous level.

13.4 Staff employed after 31 October 2010:

Staff employed after 31 October 2010 will be graded at the following step in the House Leader Scale, in recognition of qualifications and experience of the employee as follows:


Step 1 Less than 1 years experience in a comparable role

Step 2 More than 1 years experience in a comparable role or appointed from step 6 Community Support Worker

Step 3 More than 2 years experience + Level 3 qualification

Step 4 More than 3 years experience + Level 4 qualification

Step 5 Merit

13.4.1 Provided that the qualification requirements are met, and subject to satisfactory performance provisions outlined in 13.3 (f), staff employed after 31 October 2010 shall be entitled annual increments up to Step 4

13.4.2 Staff employed after 31 October 2010 that do not meet the relevant

qualification criteria shall commence one pay step below the step that they would

otherwise be entitled to if appointment to a salary step were based solely on the

experience criteria.

o When the employee meets the relevant qualification criteria they will

transition onto the salary scale and they shall be entitled to be paid and

progress on the scale as per the full salary progression criteria.

o The employee shall not be entitled to progress on the scale until they meet

both the experience and qualification criteria.

13.4.3 The requirements for progression to step 5 (Merit) shall be as per the provisions of 13.3.2 (a) for Auckland House leaders and 13.3.2 (b) for Waikato/Bay of Plenty House Leaders

14 Service Co-ordinators

14.1 Salary Scale:

. The following rates will apply from the beginning of the first full pay periods in September 2015

Sept 2015

Step 1 $49,118.50

Step 2 $51,486.23

Step 3 $53,862.64

Step 4 $56,239.05

Step 5 $58,535.34

Step 6 $60,991.85


14.2 Salary Review Criteria

Step Points Criteria

Merit

Six Five

10 5

Accumulate extra points. Accumulate extra points.

Base

Four Three Two ------- One

-------

Three years experience Two years experience. One years experience in an equivalent role or appointed from House leader Step 5. ----------------------------------------- Less than one years experience in an equivalent role

Points system:

05 points

For managing (each set of) 6 FTEs above the average total FTEs per Service Coordinator. *For the period of this agreement the average total FTEs has been set at 24 FTEs.

05 points

For conducting in-service training sessions of ½ to full days duration, accumulating to 60 hours over the course of a year

05 points

For undertaking approved ‘Projects’. These have a designated purpose, are approved and signed off by the Service Manager plus one other designated authority (e.g. CEO or General Manager), and are subject to review every twelve months at a minimum.

05 points

For practicing as an ITO Assessor i.e. a regular and significant contribution to completing staff assessments at levels 2, 3 or 4


05 points

Substantial contribution (leading/coordinating) CQI groups or activities

10 points

For acting as a Service Manager for a continuous period of greater than two months duration

10 points

On appointment to a Team Leader role.

14.3 Process for Salary Reviews

14.3. 1 Base pay: Movement from steps one to four are by yearly increment, excepting that:

Movement to the next pay level may be postponed, due to unsatisfactory performance provided that performance deficits are formally identified a minimum of two months prior to the date of next pay increment and the employee is provided reasonable opportunity to correct the deficits.

14.3.2 Merit pay: The merit steps (steps 5 and 6) apply to employees that have been on step 4 for 12 months or longer. However if an employee on step two or three meets the conditions for merit pay, then his or her salary may be elevated one pay level above that to which he or she would normally be entitled. Employees on step one are not eligible for merit pay. Except where an individual is appointed as a Team Leader, an employee will be required to meet the criteria for a minimum of two months before he or she becomes eligible for merit pay.

The eligibility of part-time Service Coordinators for merit pay will be on a proportional, ‘pro-rata’ basis.

In addition to meeting the points criteria, eligibility for merit pay is dependent on the Service Coordinator performing his or her core duties to a high standard.

14.3.3 Removal of merit pay: A change in eligibility according to the points system will usually lead to a return to base pay with two months’ notice. Such circumstances would include:

Performance has been deemed unsatisfactory and the Service Coordinator has been required to reduce his or her merit-related responsibilities in order to focus on addressing the performance issues.

The Service Coordinator makes an independent decision to reduce his or her merit-related responsibilities

Or where by virtue of unavailability, unreliability or lack of performance the Service Coordinator fails to complete his or her merit-related responsibilities to a satisfactory level and standard


However if, for example, budgeted FTEs change as a result of restructuring by the organisation, this would not normally have an impact on the salary level of a Service Coordinator.

15 Clerical and Administrative

15.1 Salary Scale1


Senior Administrative Roles

Sept 2015

21 $58,723.68

20 $57,013.29

19* $55,298.99

18* $53,636.25

17* $52,027.04

16* $48,957.91

15* $47,496.66

14* $46,076.18

Skilled Administrative Roles

Sept 2015

13 $47,496.66

12 $46,076.18

11* $43,977.38

10* $42,083.63

9* $40,836.91

8* $37,864.50

7* $37,197.48

6* $36,097.50

Junior Administrative Roles

Sept 2015

5 $37,197.48

4 $36,097.50

3* $34,060.44

2* $31,966.40

1* $30,078.77

Steps marked with an asterix are by yearly increment subject to satisfactory performance.


Salary Progression Criteria Senior administrative roles: are roles that require specialist skills or qualifications, supervision of other staff, and / or advanced levels of responsibility such as Assistant accountant, Payroll Supervisor, Senior Human Resources Administrator.

Steps 20 and 21 are by appointment. Consideration given to excellence of performance, breadth of responsibility, and recruitment and retention issues.

Steps 14 to 19 are by yearly increment subject to satisfactory performance. Skilled administrative roles: are roles in which the employee is largely autonomous in performing a range of administrative tasks as directed by their supervisor or manager – for example Accounts Officer, Payroll Clerk, Receptionist, and Human Resources Administrator.


Steps 6 to 11 are by yearly increment subject to satisfactory performance. Junior administrative roles: are roles in which the employee performs a range of simple administrative tasks under the direct supervision of a manager or supervisor e.g. Filing Clerk.


Steps 1 to 3 are by yearly increment subject to satisfactory performance. Satisfactory Performance is performance that is judged satisfactory or reasonable in the context of the appropriate job description for the role. The performance of the employee will be formally reviewed by his or her manager every six to twelve months. Unsatisfactory performance may result in a postponement of the employee’s next yearly increment provided that:

The employee has been notified in writing a minimum of three months prior to their increment date, and

Has been given the opportunity to improve their performance with the support of clear goals and directives

Where an employee has been advised that they shall not be receiving their increment, the employee may seek a review of the decision by using the Employee Recourse Policy

16 Generic Community Support Team 16.1 This group includes Behaviour and Cultural Support Team Members.

16.2 Salary Scale and Progression



Sept 2015

Step 1 $35,820.79

Step 2 $37,910.95

Step 3 $40,107.38

Step 4 $42,184.97

Step 5 $44,272.34

Step 6 $46,347.05

Step 7 $48,434.43

Step 8 $50,805.76

Step 9 $52,195.07

Step 10 $54,475.40

Step 11 $58,096.16

Step 12 $61,537.74

Step 13 $64,322.52

Merit 1 $66,805.03

Merit 2 $69,351.78

Cultural Service The applicable steps of the salary scale for team members substantially employed in non-clinical roles such as the Cultural service are steps 1 – 9 (plus qualifications allowance: clause 35) The salary paid to an employee upon commencement will be based on a consideration of relevant qualifications and experience. Progression shall then be as follows:

1. Steps 1–7 are by yearly increment subject to satisfactory performance, excepting that on the date at which an employee provides evidence that they have completed a relevant qualification such as the Cert. or Diploma in Mental Health / Human Services, that employee will be entitled to an additional qualifications allowance as per clause 35 of this agreement.

2. Steps 8-9 are by appointment only. In making an appointment decision, the manager will take into consideration:

higher qualifications

outstanding skills and performance

contribution to the leadership and / or management of the team All such appointments require the approval of the Chief Executive Officer.

Behaviour Support Team For staff employed in clinical roles such as the Behaviour Support Team, the relevant scales will generally be steps 5 – 13. The actual salary paid to an employee appointed to the Behaviour Support Team will be based on a consideration of relevant qualifications and experience. Progression on the scale shall then be according to yearly increment provided that performance is satisfactory.


Merit Steps:

A team member who has been paid at step 13 for a minimum of 12 months may apply

to be appointed to merit step 1. In addition, management will regularly give active

consideration to suitable employees for the merit step. The merit steps recognise

performance and/or responsibility that are additional to or exceed the core

requirements of the position.

The manager for the Community Support Team may, at his or her discretion, approve

an application for merit pay provided that the employee has demonstrated sustained

competence at a senior level and after considering one or more of the following:

The size and/or complexity of caseload

Mentoring other team members

Resource / subject matter expert for team or organisation

Coordination of specialist contracts

The contribution to developing and /or delivering training

The contribution to research and/or policy development

Participation in quality improvement initiatives

Relief manager duties/responsibilities

This is not an exhaustive list and the manager will give active consideration to these

and any other relevant matters. All appointments also require the approval of the

General Manager or Chief Executive. Applications for merit step 2 may be submitted

following 12 months remuneration at merit step 1. Similar criteria will apply. A tangible

decline in performance and/or responsibility may lead to a suspension of merit

payments where such action is substantively and procedurally justified.

Note: An employee may request that a decision not to appoint to the merit step be

reviewed.

17 Registered Nurses 17.1 The Registered Nurse scale applies only to those staff employed specifically

as Registered Nurses and where there is no other applicable job title such as Service Coordinator or Community Team member.

17.2 Salary Scale


Sept 2015

Step 1 $47,257.99

Step 2 $48,871.97

Step 3 $50,485.94

Step 4 $52,155.08

Step 5 $53,824.20

Step 6 $55,546.40

Step 7 $57,267.56

Merit $57,835.73


17.3 Salary Progression

The salary paid to an employee upon commencement will primarily be based on a consideration of relevant experience as a staff nurse. Thereafter, progression will be as follows:

1. Steps 1 – 7 are by yearly increment provided that performance is satisfactory.

2. Merit step 1 is by appointment only. In making an appointment decision, the manager will give major consideration to:

outstanding skills and performance

assistance with the leadership and / or management of the team including coaching and supervision of other team members

18 Psychologists

18.1 This scale applies to individuals who have been appointed as psychologists. It does not apply to individuals appointed to other positions even if that person is a registered psychologist.

18.2 Salary Scale


Sept 2015

Merit

11 $89,689.66

10 $87,036.12

9 $84,382.58

Graduate to Experienced Clinicians. Annual increments, subject to satisfactory performance

8 $81,729.04

7 $79,075.50

6 $76,421.96

5 $73,768.42

4 $71,114.88

3 $68,461.34

2 $65,807.80

1 $63,154.26


Graduate to Experienced Clinicians

The actual salary paid to a new employee will be based on a consideration of

relevant qualifications and experience. Progression on the scale (steps 1-8) shall

then be according to yearly increment provided that performance is satisfactory.

Merit Pay:

Merit pay recognises performance and/or responsibility that is additional to or

exceeds the core requirements of the position. An employee who has been paid

at step 8 for a minimum of 12 months may apply for merit pay. The manager for

the Community Support Team may, at his or her discretion, approve an

application for merit pay provided that the employee has demonstrated sustained

competence at a senior level and after considering one or more of the following:

The size and/or complexity of caseload

Mentoring other team members

Resource / subject matter expert for team, organisation &/or sector

Coordination of specialist contracts

The contribution to developing and /or delivering training

The contribution to research and/or policy development

Participation in quality improvement initiatives

Relief manager duties/responsibilities

Applications for higher merit steps may be submitted following 12 months

remuneration at the previous merit step. Similar criteria will apply. All

appointments also require the approval of the General Manager or Chief

Executive. An employee may request that a decision not to appoint to the merit

step be reviewed.

A tangible decline in performance and/or responsibility may lead to a suspension

of merit payments where such action is substantively and procedurally justified.


SECTION 4 - LEAVE PROVISIONS

19 Statutory Holidays 19.1 Public holidays shall be allowed in accordance with the Holidays Act 2003 and

its amendments. These public holidays are separate from and in addition to annual leave. The following days are public holidays: Christmas Day December 25 Boxing Day December 26 New Year's Day January 1 The second day of January January 2 Waitangi Day February 6 Good Friday timing varies – March or April Easter Monday timing varies – March or April Anzac Day April 25 Queen's Birthday 1st Monday in June Labour Day 4th Monday in October Regional Anniversary Day timing varies according to province

19.2 All employees are entitled to a day off, paid at their relevant daily rate if the day

on which a public holiday falls would otherwise be a working day for the employee.

19.3 The Holidays Act 2003 provides special arrangements for the public holidays

that fall over the Christmas and New Year period:

Where these public holidays fall on a Saturday and/or Sunday and these days would otherwise be working days for an employee, that public holiday will be treated as falling on the Saturday and/or Sunday

Where the Saturday and/or Sunday would not otherwise be working days for an employee, the public holiday is treated as falling on the Monday and/or Tuesday following the public holiday

19.4 If an employee works on the observed public holiday, the employee shall be

paid in accordance with the Holidays Act 2003 and the Amendment Act 2004. If the public holiday is observed on a day that would otherwise be a working day for that employee, the employee is also entitled to a full alternative holiday regardless of how many hours that employee worked

19.5 To avoid doubt, an employee is entitled to a maximum of 11 public holidays

provided those public holidays fall on days that would otherwise be working days for the employee.

19 .6 Provided that in order to maintain essential services, the Chief Executive

Officer may require an employee to work on a public holiday.


19.7 Statutory Holidays Falling During Leave or Time Off

(a) Leave on Pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not to be debited against such leave.

(b) Leave Without Pay

An employee shall not be entitled to payment for a public holiday falling during a period of leave without pay (including sick leave and military leave without pay) unless the employee has worked during the fortnight ending on the day on which the holiday is observed.

(c) Leave on Reduced Pay

An employee shall, during a period on reduced pay, be paid at the same reduced rate for public holidays falling during the period of such leave.

(d) Off Duty Day

Except where the provisions of (a) above apply, if a public holiday, other than Waitangi Day and ANZAC Day, falls on a rostered employee's off duty day (such off duty day not being a Saturday or a Sunday) the employee shall be granted an additional day's leave at a later date convenient to the Chief Executive Officer.

20 Annual Leave 20.1 Annual leave will be in accordance with the Holidays Act 2003 and

amendments and will be allocated on pro rata basis. 20.2 Leave entitlements for Community Support Workers and House Leaders shall

be 20 days per year. In addition, Community Support Workers, House Leaders, Vocational Trainers

and Site Leaders employed in Auckland are entitled to two days leave without pay per year should they choose to take them. This leave was cashed up in 1999 and an equivalent amount added to the base rate for these employees.

20.3 Leave entitlements for all other staff are as follows:

Under five years service 20 days

Over five years service 22 days

20.4 Applicable to staff employed in Auckland only: When calculating entitlement to

annual leave the service of an employee shall be deemed to comprise all periods of employment with the Health Service (Hospital Board’s, Area Health Boards, Spectrum Care and SPID) subject to Clause 56.2. Periods of previous service are detailed in Schedule Two.


20.5 Extra Leave for Shift Workers Applicable to staff employed in Auckland only: Provided that for the purpose of this clause any employee covered by this CA who transfers directly from Services for People with an Intellectual Disability subject to clause 56.2 to a position covered by this CA shall, where they continue to work a number of qualifying shifts similar to those previously described in their agreement, on a personal basis retain any right to extra leave.

20.6 Casual staff Paid holiday pay pursuant to the Holidays Act 2003 and amendments.

20.7 Procedure for requesting annual leave

An employee’s annual holidays shall be given and taken at times mutually convenient to the employer and the employee. Normally, two weeks notice should be given by the employee when requesting annual leave. If no agreement is reached the employer will give the employee at least four weeks notice of his or her holidays. The parties to this Agreement acknowledge that it is in the best interests of both the employees and the employer for employees to take their annual leave in the year it is accrued. For that reason employees may not accrue leave beyond one year’s entitlement except in special circumstances and with the permission of the service manager.

21 Parental Leave The terms and conditions of the Parental Leave & Employment Protection Act

1987 and its amendments shall apply to all staff.

22 Long Service Leave (Applicable to staff employed in Auckland only)

22.1 After 10 years of continuous service an employee shall be entitled one weeks

long service leave; after they have completed 15 years of continuous service they shall be entitled to a further one weeks long service leave; and after 20 years of continuous service they shall be entitled to a further two weeks long service leave.

22.2 Continuous service is defined as not less than six months continuous service.

Continuous service may be broken by periods of up to three months. Any break in service of longer than three months shall debar an employee from counting the service prior to that break toward the qualifying period for long service leave.

22.3 Each period of long service leave to which the employee becomes entitled is a

once-only allocation. The leave must be taken in one period and within five years of qualification or it will be forfeited.


22.4 Long service leave for part time staff shall be allocated on a pro rata basis. 22.5 Long service leave shall be paid on the basis of average earnings in the same

manner as annual leave.

22.6 Long service leave to which the employee is entitled may be cashed up at any

time with the agreement of both the employee and the Employer

23 Study Leave 23.1 Paid study leave shall be applied and granted as per Spectrum Care’s Study

Leave Policy and Leave application procedure.

23.2 Staff employed as Registered Nurses will be entitled to Professional

Development Leave of up to 24 hours per calendar year and study leave of up

to 1 day per annum to prepare his or her competence portfolio as may be

required for completion of the Nursing Council recertification programme

24 Bereavement/Tangihanga Leave 24.1 For all employees the following provision shall apply for bereavement leave for

death in New Zealand or overseas:

(a) The Chief Executive Officer shall approve special bereavement leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a Tangihanga (or its equivalent). The length of time off shall be at the discretion of the Chief Executive Officer.

(b) If a bereavement occurs while an employee is absent on annual leave, sick

leave on pay, or other special leave on pay, such leave may be interrupted and bereavement leave granted in terms of (a) above. This provision will not apply if the employee is on leave without pay.

(c) In granting time off, therefore, and for how long, the Chief Executive Officer

must administer these provisions in a culturally sensitive manner and in accordance with the guidelines contained in the Leave Policy for Bereavement Leave.

25 Jury Service Leave 25.1 The following provisions apply for all employees :

(a) Where the need is urgent, the CEO may apply for postponement because of particular work needs. This applies only in exceptional circumstances.


(b) An employee called on for jury service may elect to take annual leave, leave on pay, or, leave without pay. Where annual leave or leave without pay is granted or where the service is performed during an employee's off duty hours, the employee may retain the jurors fees (and expenses paid).

(c) Where leave on pay is granted, a certificate is to be given to the employee

by the Chief Executive Officer to the effect that the employee has been granted leave on pay and requesting the Court to complete details of juror’s fees and expenses paid. The employee is to pay the fees received to Spectrum Care but may retain expenses.

(d) Leave on pay is only granted, in respect of time spent on jury service, (this

normally includes reasonable travelling time in working hours.) Any time during normal working hours when the employee is not required by the Court, the employee is to report back to work where this is reasonable and practicable.

26 Equivalent Time off in Lieu of Public Holidays Days in lieu of public holidays shall be treated the same as annual leave in

terms of the rules regarding accumulation, provided that days in lieu of public holidays shall accumulate to a maximum of 10 days per annum.

27 Sick Leave 27.1 Sick leave shall be granted on a Pro Rata basis. 27.2 For fulltime staff members the sick leave entitlement will be as follows :

(a) During the first 6 months of continuous service with Spectrum Care, a worker shall be entitled to accumulate five working days sick leave on ordinary pay (ie. T1 rate). On completion of each subsequent six months he/she shall be entitled to a further five working days with a maximum accumulation of 260 working days.

(b) Production of a medical certificate or other evidence of illness may be

required by the Chief Executive Officer.

(c) The length of service means the aggregate period of service, whether continuous or intermittent, in the employment of Spectrum Care, and/or service which may be credited for annual leave. This requires :-

production of a certificate of previous service the debiting of sick leave already granted

(d) The total period of sick leave with ordinary pay (T1) to which any employee

of Spectrum Care is entitled shall be computed in respect of the employee’s whole length of service.


27.3 Discretionary powers

The Chief Executive has the discretionary power to grant Leave in excess of the above prescribed limits:

(a)Where a whole-time employee is incapacitated by sickness or injury arising

out of and in the course of employment, full salary may be paid at the discretion of the Chief Executive Officer.

(b) Where an employee is suffering from a minor illness which could have a

detrimental effect on the client in Spectrum’s care, the Chief Executive Officer may, at their discretion:

either :

place the employee on suitable alternative duties or

direct the employee to take leave on payment at base rates (T1

only) for not more than eight days in any one year, in addition to the normal entitlement to sick leave.

27.4 Notification

(a) The employee shall notify their Manager as soon as possible on their first

day of absence.

(b) Throughout the period of absence the Employee’s Manager will make periodic checks on the Employee’s process of recovery or rehabilitation.

(c) Throughout their period of absence the Employee is expected to:

maintain regular contact with their manager inform the manager of any change in their condition participate actively and co-operatively in the planning process for their

return to work, including a rehabilitation program where appropriate.

(d) Notwithstanding the aforesaid, the Manager may, at any time after the first 3 months of absence, seek and obtain a medical prognosis from the Employee's doctor of the likelihood of an early return to work. If this prognosis is not favourable then the Manager, in conjunction with the Employee and/or their authorised representative, shall review the situation in relation to the continued employment of the Employee in the context of the medical prognosis and make a recommendation to the CEO for decision.

(e) An employee who is absent for reasons of ill-health for a period of three

days or more must supply a medical certificate to their manager to validate the illness and specify the date by which the Employee may be expected to return to work, excepting that:


If the employee has taken five days or less sick leave in their current 12 month period (following entitlement) the Employer may, at the Employer’s own expense, request a medical certificate if there are reasonable grounds to suspect that the sick leave taken by the employee is not genuine An employee who has taken, or is about to take, more than five days sick leave in their current 12 month period (following entitlement) shall be required to provide a medical certificate if requested by their manager provided that this request is given prior to the employee returning back to work from a period of illness. All such requirements for a medical certificate shall be on an individual and case-by-case basis.

(f) The Employer shall have the right to request an Employee to visit a

registered medical practitioner nominated by their Manager, at the expense of the Employer, at any time.

27.5 Sick Leave in Relation to Annual and Long Service Leave

(a) When sickness occurs during annual or long service leave the Chief

Executive Officer shall permit the period of sickness to be debited against sick leave entitlement except where the sickness occurs during leave following relinquishment of office, provided: The period of sickness is more than three days; A medical certificate is produced, showing the nature and duration of

the illness.

(b) In cases where the period of sickness extended beyond the approved period of annual or long service leave, approval shall also be given to debiting the portion which occurred within the annual or long service leave period against sick leave entitlement if the total continuous period of sickness exceeds three days

(c) Annual or long service leave may not be split to allow periods of illness of

three days or less to be taken as sick leave.

27.6 Computation of Part-Day Absences

If an employee is absent on sick leave for less than a whole day, sick leave is to be debited on an hour for hour basis except for absences of two hours or less when sick leave shall not be debited.

27.7 Sick Leave for Part-time Employees

When they are absent due to sickness they are to be paid for the hours they would have worked


28 Domestic Leave 28.1 The Chief Executive Officer may grant an employee leave on pay as a charge

against sick leave entitlement when the employee must stay at home to attend to a member of the household who through illness becomes dependent on the employee. This person would in most cases be the employee’s children or partner, but may be another member of the employee’s family or household.

28.2 Approval is not to be given for absence during or in connection with the birth of

an employee’s child. Such a situation should be covered by annual leave or parental leave.

28.3 The production of a medical certificate or other evidence of illness may be

required.

29 Casual Employees

Pursuant to the Holidays Act 2003 and amendments, a casual employee may qualify for up to five days sick leave after six months of continuous service as defined in the Holidays Act. The employee may be entitled to a further five days in each subsequent 12-month period provided they continue to meet the (continuous) service criteria described in the Holidays Act.

30 Leave Without Pay in Relation to Sick Leave

An employee who is granted leave without pay and who remains in the service

of Spectrum Care, will have such leave included in determining sick leave entitlement.


SECTION 5: ALLOWANCES AND PENAL PAYMENTS

31 Penal Payments2

31.1 Penal time is the time (other than overtime) worked within ordinary weekly hours of work on a Saturday, Sunday or whole holiday.

31.2 For all employees excluding Community Support Workers and House Leaders,

penal time shall be paid at the following rates in addition to normal salary: (a) From midnight Friday/Saturday to midnight Sunday at half the normal

hourly rate of pay (T1 – ½) for this period

(b) From midnight Sunday/Monday to midnight Friday for those hours worked between 20.00 and 06.00 hours at quarter the normal time (T1 – ¼ )

(c) Public Holiday shall be paid double the normal rate of pay.

31.3 Community Support Workers and House Leaders required to work on Public

Holidays will be paid at one and a half times the normal rate of pay (T1.5) 31.4 Employees who are PSA members as at the 1st of December and who

work a sleepover or an awake night shift on New Years Eve (December 31) shall be entitled to an additional payment of $50.00.

32 Involuntary Overtime

Employees who are required to remain at work to provide emergency cover until replacement staff arrive shall be paid one and a half times (T1.5) their normal rate of pay for the first hour provided that it has been authorised by the relevant service manager.

33 Employees required to work on Public Holidays

33.1 Subject to the provisions of clause 31 employees required to work on Public Holidays shall:

receive payment in accordance with clause number 31 and in addition receive a day in lieu at a later date convenient to the Chief Executive

Officer.

2 In 1999, penal payments were cashed up and 20.7% added to the base rate of Community Support

workers and 17.6% added to the base rate for House Leaders.


34 Limits on Overtime and Penal Payments

34.1 Overtime and penal time shall not be paid in respect of the same hours. 34.2 Any employee who is not entitled to overtime payment shall be granted

equivalent time off for authorised work performed on a public holiday. Equivalent time off at other times for work performed outside normal hours may be granted with the approval of the Chief Executive Officer. Time off in lieu is to be taken within four weeks of the authorised work occurring.

35 Sleepover allowance 35.1 When working a sleepover, the employees will be paid an allowance for being

available on call in quarters provided for this purpose, where there is no awake night staff.

35.2 For each hour of the sleepover the employee shall be paid either a sleepover

allowance or a disturbance allowance. Sleepover payments and disturbance payments may not apply to the same period. If an Employee is disturbed during a sleepover he/she shall only be entitled to the disturbance payment for that period.

35.3 The sleepover allowance shall be equivalent to the minimum hourly wage rate

that is in force at the time that the sleepover was worked

35.4 The organisation shall make all reasonable efforts to ensure that sleepover

facilities are clean, sanitary and ergonomically appropriate for the employee. Due consideration shall be given to the privacy and security of quarters as appropriate to the situation and environment.

35.5 Employees who consider their sleepover facilities inappropriate should present their concerns to their manager via the Hazard reporting and management process.

35.6 All employees who are required to accompany a client during his/her holiday/camp shall be entitled to a sleepover allowance. Only employees approved to attend to the client shall be eligible for any disturbance allowance. The Service Manager prior to the holiday/camp shall decide who is required and approved.

36 Disturbance Allowance 36.1 When the person on a sleepover shift has been required to become actively

involved with the clients for therapeutic reasons, he/she shall be paid a disturbance allowance instead of a sleepover allowance.

36.2 The disturbance allowance will be paid at T1.25 the employee’s ordinary hourly

rate of pay. 36.3 The minimum payment for employees in receipt of the disturbance allowance

shall be one hour provided further that:


(a) Disturbance events commencing and finishing within the minimum period covered by an earlier disturbance shall not attract any additional payment;

(b) Where a subsequent disturbance event commences before and

continues beyond the end of the minimum payment period for a previous disturbance, payment shall be made as if the employee has worked continuously from the beginning of the previous disturbance to the end of the later disturbance;

36.4 The minimum payment for a disturbance shall be one hour except that during

the last half hour of a sleepover the minimum payment is half an hour.

36.5 The parties to this Agreement have also agreed to work together during the

term of this Agreement to identify opportunities to reduce the instances when

staff are disturbed during a sleepover.

37 On Call

37.1 On call is an essential part of the job and is to cover events that cannot be anticipated in the normal course of the nominated staff members duties. Nominated staff may be required to be on call for the Service outside rostered hours either within the individual staff member’s home or to carry a communication device whereby the individual can be contacted.

37.2 Allowances

The actual structure and application of the on-call requirement will be incorporated in a Letter of Understanding between the parties. (a) On call for areas of responsibility covered on a day to day basis, eg for

houses normally covered by nominated staff, or on call cover for annual leave and sickness the employee will be paid an allowance of $10.00 per day (total) for 1-2 homes or $12.00 per day (total) for 3 or more homes.

(b) Where an individual assumes a responsibility over and above the normal

range of responsibilities, ie assuming a district-wide responsibility, they will be entitled to a payment as follows:

For those hours where the individual does not receive any other form of payment ie. normal/penal and during the hours of:

1700 – 0800 Monday to Friday, and 1700 – 0800 Friday to Monday except hours at penal rate

The individual will be entitled to a payment of $9.00 per hour flat rate. (c) Applicable to Waikato/Bay of Plenty only: *Provided that in exceptional

circumstances, where a House Leader may be rostered to work at the same time he/she is On Call, the House Leader shall be entitled to receive his/her hourly rate in addition to the On Call allowance of $9.00 per hour.


37.3 On Call work in the first instance will be offered to Coordinators. Only if the Coordinators do not wish to work will management then seek to make other arrangements.

37.4 Applicable to Auckland only: Employees who are called out whilst “on call” and

who are required to travel to a place of work shall receive a minimum payment of 3 hours ordinary pay in addition to the usual On-Call allowance

37.5 If an employee receives a legitimate on call telephone call whilst “on call” during a public holiday he/she shall be entitled to a day in lieu.

38 Higher Duties Allowance

38.1 A higher duties allowance shall be paid to an employee who, in the Manager’s opinion, is substantially performing the duties and carrying the responsibilities of a position of a class or grade higher than the employee’s own.

38.2 To qualify for payment of a higher duties allowance an employee must perform

the duties of the higher position for at least 5 consecutive working days. The allowance shall be paid for all days on which the employee has substantially performed the higher duties.

38.3 When an employee performs the duties of a higher position that is covered by

the application clause of this Agreement, the higher duties allowance payable shall be the difference between the current salary of the employee acting in the higher position and the minimum salary the employee would receive if appointed to that position provided that any increase shall not exceed a maximum of three salary steps.

38.4 When an employee performs the duties of a higher position that is not covered

by the application clause of this Agreement, such as a management position, the higher duties allowance payable shall be an hourly rate of $5-$10 per hour, such rate to be agreed between the manager and the employee after taking into account the length of the appointment and the extent of the duties and responsibilities.

38.5 Applicable to Waikato/Bay of Plenty only: Absences (by a House Leader or

Service Coordinator) of less than five consecutive working days will not usually necessitate a replacement staff member on higher duties. However, should the Manager decide that a replacement is required, higher duties allowance will be paid for those days on which the staff member has undertaken the duties of the higher position.

38.6 The period for which higher duties allowance is approved is not to exceed 13

months. Where this period is likely to be or is in fact exceeded, the case is to be referred to the General Manager.


39 Recognition of Qualifications 39.1 A payment for Recognition of Qualifications is payable for employees working

as Community Support Workers, House Leaders and Service Coordinators upon attainment of that qualification.

On completion of the "Certificate in Teaching People with Disabilities",

‘Certificate in Human Services’ the employee is eligible for a payment of $1,000 per year.

On completion of the “Diploma in Teaching People with Disabilities,

‘Diploma of Human Services’, Bachelors of Human Services’ the employee is eligible for a payment of $1,800.00 per year.

On completion of the "Enrolled Nurses Certificate" the employee is eligible

for a payment of $1,000 per year.

On completion of the "Registered Comprehensive Nurse qualification and/or Registered Psychopaedic Nurse qualification" the employee is eligible for a payment of $1,800 per year.

On completion of the “National Certificate in Mental Health” the employee is eligible for a payment of $1,000 per year.

On completion of the Diploma in Mental Health the employee is eligible for a payment of $1,800 per year.

39.2 Applicable only to staff employed in Auckland: Recognition of qualifications

shall be cumulative but capped at a maximum of $1,800 per annum. 39.3 Applicable only to staff employed in Auckland: Provided that an employee who

gains additional recognised qualifications after having obtained the maximum annual allowance shall be granted a one off bonus of ($500) on the first anniversary of that graduation, for every additional qualification thereafter.

39.4 Payment of the qualification allowance will be made from, and starting at, the

date at which satisfactory confirmation of the qualification or current practicing registration is provided to the Human Resources Department. The total yearly payment is paid as an hourly rate, and on a pro-rata basis. Other equivalent and relevant qualifications will be recognised at the discretion of the Chief Executive Officer.

40 Transport Allowance on Transfer

If an employee is transferred to a new permanent work location that is further from their own home, the following will be paid for a period of three months:


If the difference in the distance between the employee’s home and the previous work location, and their home and the new work location exceeds 10 kilometres but is less than 20 kilometres, the employee shall be entitled to seek reimbursement at the rate of 0.50 cents for each kilometre difference; and the IRD rate for every additional kilometre of travel that exceeds 20 kilometres from the employee’s home. For the avoidance of doubt, the employee shall not be entitled to any reimbursement of travel costs if the distance is 10 kilometres or less

The measurement of distance shall be based on the most direct route indicated on Google maps. All distances shall be rounded to the nearest kilometre.

Reimbursement of travel costs shall only apply to the employee’s contracted hours of work and not to work that is undertaken on a casual or voluntary overtime basis. Reimbursement of travel costs will not apply if the Employer has provided a means of transportation.

41 Transport Allowance to Attend Training (Auckland)

Applicable only to staff employed in Auckland: For those staff whereby the difference in the distance between their home and usual workplace, and their home and the training venue, exceeds ten kilometres shall be entitled to seek reimbursement for their petrol costs at the rate of .20 cents for each kilometres difference. For the purposes of simplifying administration a number of zones shall be established to provide a single average rate for each zone.

Zone 0: 11 – 20 Kms: $4.00 per trip



Zone 3: 41- 60 KMs $12.00 per trip Mileage allowance must be claimed at the end of the same pay period in which it was incurred. Confirmation of address (e.g. current bill) must be provided to the Service Coordinator in order to establish the relevant zone before payment can be made. The allowance is not payable for non-Spectrum courses unless otherwise agreed.

42 Travel Time for Attendance at Out-of-Area Training

Applicable only to staff employed in Waikato/Bay of Plenty: Spectrum Care is committed to keeping to a minimum the circumstances in which staff are required to travel out of area (to Auckland) outside normal working hours to attend any work-related events (such as training or meetings). If there is cause for travel time to occur outside of normal working hours, and following approval from their Service Manager, Spectrum Care will pay staff for travel time.


43 Travel Costs of Senior Support Workers

Senior Support Workers are appointed to a group of houses/sites (‘a cluster’) that

in main urban areas are located within a diameter of 15 kilometres. A Senior

Support Worker shall be not entitled to reimbursement of travel costs for travel to

these houses.

If a Senior Support Worker is required to travel to a work location that is outside

this 15 kilometre diameter, he/she will be entitled to reimbursement of travel costs

as follows:

$2 per one-way trip for travel to a work location that is between 15-20

kilometres from the employee’s home; and

The IRD rate (0.74 cents) for every additional kilometre of travel that exceeds

20 kilometres from the employee’s home

The measurement of distance shall be based on the most direct route indicated

on Google maps. All distances shall be rounded to the nearest kilometre.

Reimbursement of travel costs shall only apply to the employee’s contracted

hours of work and not to work that is undertaken on a casual or voluntary

overtime basis. Reimbursement of travel costs will not apply if the Employer has

provided a means of transportation. The usual transfer provisions will apply to

any proposal to change the location of the cluster

44 Reimbursement of Expenses on Employer Business

Employees who are instructed by the employer to use their private motor vehicles

on Trust business shall be paid a motor vehicle allowance equivalent to the

published Inland Revenue Department rates. Other actual and reasonable

expenses incurred by the Employee shall be considered for reimbursement at the

discretion of the Chief Executive Officer.

45 Clothing Reimbursement

Spectrum Care shall reimburse the employee for reasonable costs of cleaning,

repair or replacement of clothing and other essential accessories such as

prescription glasses up to a value of $250.00 where this damage has been

sustained in the normal course of work, due for example to a client’s

behaviour/activity and provided that the damage was not a result of the

employee’s carelessness or negligence. Employees must make use of any

protective clothing or items supplied by Spectrum Care and ensure that valuable

or inappropriate clothing and/or accessories are not worn at work.

Reimbursement above $250.00 will be considered in exceptional circumstances

on a case-by-case basis.


SECTION 6 – OCCUPATIONAL SAFETY AND HEALTH

46 Occupational Safety and Health

The parties agree that staff should be adequately protected from any health and safety hazards arising in the workplace. Compliance with all relevant legislation is required. The promotion of good health and the use of appropriate safety measures is a major objective for Spectrum Care Board managers and staff at all levels. Spectrum Care Board has in place published policies concerning the health and safety of its staff. The attention of staff is drawn to these policies.

47 Accidents & Accident Compensation

Incidents and accidents shall be managed and recorded in accordance with Spectrum Care’s policy and legislative requirements. When an accident occurs, the employee should seek first aid and treatment from a qualified treatment provider as soon as possible. Employees must report any work accident or near miss to their Manager on the day on which they occur. In the case where an injury results, this must be reported immediately to the Service Manager. Incident/Accident forms must be completed and forwarded to Human Resources. If an Employee is absent from work as a result of an accident the Employee must provide a medical certificate on the injury. Where the accident is work-related and the injury sustained by the employee necessitates immediate removal to a hospital, or to a medical practitioner for medical attention and then to their residence or a hospital, or to their residence (medical attention away from the residence not being required), the Chief Executive Officer is to provide or arrange for the necessary transport, pay all reasonable expenses for meals and lodging incurred by or on behalf of the employee during the period he/she is transported. Spectrum Care will reimburse the employee for any accident surcharges up to a maximum of $250.00 (total) when related to treatment for a work-related accident and provided that the employee has adhered to health and safety guidelines, including the accident-reporting procedures. Where injury prevents an employee from attending work, the employee may submit a claim for compensation of loss of earnings. The Employer pays the first week off work following injury. If an employee is required to be off work for longer than one week, the Employer will pay 80% of an employee’s wages from the second-week onwards.


If the accident is not work-related, the employee may apply for sick leave to cover the first week they are off work. If the accident is work-related Spectrum Care is obligated to pay 80% of the employee’s wages for the first week they are unable to work. However, it is the policy of Spectrum Care to pay 100% of the employee’s first week’s wages for work-related accidents. Where the accident is work-related and at the request of the employee, Spectrum Care agrees to pay the difference (20% ‘top-up’) between the weekly compensation paid to the employee and the employee’s ordinary weekly pay provided that Spectrum Care shall deduct from the employees current sick leave entitlement 1 day for every 5 whole days, or part thereof, that Spectrum Care makes payment.

47.1 Applicable only to staff employed in Auckland: At his or her discretion the Chief

Executive may pay the 20% top-up of an employee incapacitated by a work-

related injury for up to six weeks, or part thereof, if debiting the top-up from the

employee’s sick leave entitlement would reduce the employee’s sick leave

entitlement to five days or less.

47.2 Applicable only to staff employed in Auckland: Where employees incur

additional costs as a result of being injured by clients, that are not covered by the Workplace Accident Insurer, this additional cost may be reimbursed at the discretion of the Service Manager


SECTION 7 - GENERAL TERMS & CONDITIONS

48 Consultation and Management of Change 48.1 Regular consultation between the employer, employees and their employees

organisation representatives is desirable on matters of mutual concern and interest. The aim of consultation is to contribute to: improved decision making maintaining co-operation between the parties contribute to a more harmonious. effective, efficient, safe and productive

workplace.

48.2 The employer accepts that elected delegates are the recognised channel of communication between the employee organisation representative and the employer in the workplace. Delegate means an employee who is nominated by the employee organisation and who is elected to act on the organisations behalf. The name of such delegates shall be advised to the employer.

48. 3 Applicable only to staff employed in Auckland: Paid time off shall be allowed for recognised delegates to attend meetings with management and consult with employees covered by this Agreement, other recognised workplace delegates and employee organisation officials. The purpose will be to consult and discuss the issues addressed in this clause, other clauses of this agreement and employee participation, staff surplus, effectiveness studies and options for resolving staff surplus.

48.4 Applicable only to staff employed in Waikato/Bay of Plenty: Reasonable paid time off at T1 shall be allowed for employee delegates to attend meetings with management and consult with employees to discuss issues concerning management of change and staff surplus.

48.5 Prior approval for such meetings shall be obtained from the Chief Executive Officer and such approval shall not be unreasonably withheld.

48.6 Applicable only to staff employed in Auckland: The amount of time off and facilities provided shall be sufficient to allow full consideration of these issues addressed by this clause.

48.7 Mechanisms established for the purpose of “Management of Change” will allow input and recommendations to be made to the Chief Executive Officer, who will consider these recommendations.


48.8 The employer agrees that the employees and their employee organisation representatives will be advised of any review which may result in significant changes to either the structure, staffing or work practices affecting employees and allow for the opportunity for employees and their representatives to be involved in the review so as to allow substantive input. When the implementation of decisions arising from any such reviews will result in staff surpluses the procedures under staff surplus shall be adopted.

48.9 The Employer agrees to consult with the PSA prior to implementing employee

reward/recognition schemes or initiatives that may reasonably be judged as

affecting the Union’s bargaining position or central role as the Employee

representative for union members

48.10 Consultation Regarding Staffing Levels

The health and safety of employees and service users is a key consideration

when decisions about staffing are made. If an employee has a health and

safety concern about staffing arrangements they are encouraged to raise this

with his or her immediate service coordinator/manager. If an employee is

dissatisfied with the response from their coordinator/manager, the employee

may put their concern in writing and address it to their service/general

manager. The service/general manager will respond promptly in writing to all

concerns and/or meet with employees and/or the employee organization. The

parties will use their best endeavours to engage in constructive dialogue about

matters of concern with the objective of achieving prompt, informal resolution

of these concerns. Where agreement has not been achieved the parties are

encouraged to confirm in writing any outstanding concerns prior to recourse to

formal grievance procedures.

49 Staff Transfers 48.1 Where a Service Manager deems it necessary for reasons of service delivery,

an employee may be transferred to another home within the same geographic area.

48.2 Applicable only to staff employed in Waikato/Bay of Plenty: This may be a

permanent transfer. It may also be a trial transfer for a period of up to three (3) months. At the end of the trial period, a meeting will be arranged to discuss the most appropriate ongoing workplace for the employee.

49.3 Staff transfers will be made according to the Best Practice Guidelines detailed in policy

50 Staff Surplus 50.1 When as a result of the restructuring of the whole or any parts, of the

employees operations, either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees or employees can no longer be employed in their current position at their current grade or work location (ie the terms of appointment to their present position), then the options in subclause 49.6 below shall be invoked and agreed on a case by case basis.


The parties to this Agreement agree that it is neither the practice nor the intention that the staff surplus provisions should apply each time there is the requirement for a change in work location. Many such situations may be covered under the staff transfer provisions. A key consideration will be the reasonableness of the requirement to transfer to a new work location versus the reasonableness of invoking the staff surplus provisions. The parties accept that there may be a potential dispute in the application of clause 49.1 and in such event either party may invoke mediation to discuss, in the presence of a mediator supplied by the Employment Relations Service of the Department of Labour, the reasonableness of each parties position.

50.2 In the event of a restructuring, as defined in the Employment Relations Amendment Act (No 2) 2004 (being the sale, transfer, or contracting out of all or part of our business) that may affect an employee’s employment with Spectrum Care, Spectrum Care will, as soon as is reasonably practicable, negotiate with the potential new employer about the restructure as it affects employees. The negotiations will include:

a) The matter of whether the new employer proposes to offer employment to

Spectrum Care staff; b) If the new employer proposes to offer employment to Spectrum Care staff,

whether the offers will be on the same or similar terms and conditions of employment; and

c) The proposed date of commencement of employment with the potential new employer.

50.3 Where an employee's employment is being terminated by Spectrum Care by reason of the sale or transfer of the whole or part of the employees business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if: (a) The person acquiring the business or the part being sold or transferred -

has offered the employee employment in the business or the part

being sold or transferred AND has agreed to treat service with Spectrum Care as if it were service

with that person and as if it were continuous: and (b) The conditions of employment offered to the employee by the person

acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including :

any service related conditions

AND any conditions relating to redundancy


AND any conditions relating to superannuation - under the employment

being terminated AND

(c) The offer of employment by the person acquiring the business or the part

of the business being sold or transferred is an offer to employ the employee in that business or part of the business either:

in the same capacity as that in which the employee was employed by-

Spectrum Care OR in any capacity that the employee is willing to accept

50.4 Applicable only to staff employed in Auckland: Notification of a staffing

surplus shall be advised to the affected employees and their representatives at least one month prior to the date of giving notice of the position required to be discharged to the affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their representative, will meet to agree on the option most appropriate to the circumstances. Where employees are to be relocated, at least three months’ notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld).

50.5 The following information shall be made available to the employee representatives in respect of affected employees they represent: the location/s of proposed surplus the total number of proposed surplus employees the date by which the surplus needs to be discharged the positions, grading, names and ages of the affected employees availability of alternative positions in Spectrum Care. On request the employee representative will be supplied with relevant additional information where available.

50.6 Options

The following are the options to be applied in staff surplus situations: Reconfirmed in position Attrition Redeployment Leave without pay Enhanced early retirement Retraining Severance


Being reconfirmed in a position will preclude employees from access to other options. The aim will be to minimise the use of Severance.

50.7 Reconfirmed in position

Where a position is to be transferred into a new structure in the same location and grade, where there is one clear candidate for the position, the employee is to be confirmed in it. Where there is more than one clear candidate the position will be advertised with appointment made as per normal appointment procedures.

50.8 Attrition

Attrition means that as people leave their jobs because they retire, resign, transfer, die or are promoted then they may not be replaced. In addition or alternatively, there may be a partial or complete freeze on recruiting new employees or on promotions.

50.9 Redeployment

Employees may be redeployed to a new job at the same or lower salary in the same or new location.

(a)Applicable only to staff employed in Auckland: Where the new job is at a lower salary, an equalisation allowance will be paid to preserve the salary of the employee at the rate paid in the old job at the time of redeployment. The salary can be preserved in the following ways by the employer : A lump sum to make up for the loss of basic pay for the next 2 years (this is

not abated by any subsequent salary increases) An ongoing allowance for two years equivalent to the difference between

the present salary and the new salary (this is abated by any subsequent salary increases).

Where the new job is within the same local area and extra travelling costs

are involved. actual additional travelling expenses by public transport shall be reimbursed for up to 12 months.

The redeployment may involve employees undertaking some on-the-job

training.

50.10 Leave without pay

Special leave without pay may be granted within a defined period without automatic right of re-engagement. This provision does not include parental or sick leave.

50.11 Retraining

(a) Where a skill shortage is identified, the Chief Executive Officer may

offer a surplus employee retraining to meet that skill shortage with financial assistance up to the maintenance of full salary plus appropriate training expenses.


It may not be practical to offer retraining to some employees identified

as surplus. The Chief Executive Officer needs to make decisions on the basis of cost, the availability of appropriate training schemes and the suitability of individuals for retraining.

(b) If an employee is redeployed to a position which is similar to his or her

previous one, any retraining may be minimal, taking the form of "on the job' training such as induction or in service education.

Where an employee is deployed to a new occupation or a dissimilar

position the Chief Executive Officer should consider such forms of retraining as in-service education, block courses or night courses at a technical institute, nursing bridging programmes, etc.

51 Redundancy 1: Auckland This applies to staff employed in Auckland with the exception of Administration staff and Home Support Community Support Workers. Severance Payment will be made in accordance with the following: For staff employed by Spectrum Care as at 01 March 2006: Service for the

purposes of this subclause means total aggregated service with the Health Services (Hospital Boards, Area Health Boards, SPID and Spectrum Care)

Public Service

Post Office

New Zealand Railways

Any University in New Zealand

Any Health Centre in any New Zealand Polytechnic and/or College of Education but excludes any service with any of the above Services or with any Board which has been taken into account for the purposes of calculating any entitlement to a redundancy/severance/early retirement or similar payment from any of the above services or from any Boards.

For staff employed by Spectrum Care after 01 March 2006: Service for the

purposes of this subclause means total aggregated service with the Health Services (Hospital Boards, Area Health Boards, SPID and Spectrum Care)

8.33 per cent of basic salary (Tl rate only) for the preceding 12 months, in

lieu of notice. This payment shall only be made where the requisite notice cannot be given. Notice that is of a lesser period than required by this document shall require the employer to pay an amount proportionate to the ungiven period of notice. This payment is regardless of length of service: and

12 per cent of basic salary (Tl rate only) for the preceding 12 months, or

part thereof for employees with less than 12 months service: and


4 per cent of basic salary (Tl rate only) for the preceding 12 months multiplied by the number of years of service minus one, up to a maximum of 19: and

Where the period of total aggregated service is less than 20 years. 0.333

per cent of basic salary (Tl rate only) for the preceding 12 months multiplied by the number of completed months in addition to completed years of service.

NB. The total amount paid to employees under this provision shall not exceed the basic salary (Tl rate only) the employee would have received between their cessation and the date of their compulsory retirement.

If the eligible employee ( refer Clause 56.2 ) has ten or more years' service

the full retiring gratuity as set out Schedule Three shall be paid.

Employees with not less than eight years’ service but less than ten years service, shall be paid two weeks’ basic salary (Tl rate only).

Employees with not less than five years’ service but less than eight years

service, shall be paid one week’s basic salary (Tl rate only).

Outstanding annual leave and long service leave may be separately cashed up.

The Chief Executive Officer should assist surplus staff to find alternative

employment by allowing them a reasonable amount of time off work to attend job interviews without loss of pay. This is subject to the Chief Executive Officer being notified of the time and location of the interview before the employee is released to attend it.

Counselling for affected employees and family will be made available as

necessary.

52 Redundancy: Waikato/Bay of Plenty Applicable only to staff employed in Waikato/Bay of Plenty:

(a) Redundancy will only be considered once all other options available to the

employee have been explored.

(b) Redundancy compensation shall be as follows:

Four weeks basic salary for the first completed year of service with

Spectrum Care.

Payment for service of less than one year will be made on a prorated

basis.

One week’s basic salary for each subsequent year of service up to a

maximum of 10 years service

To avoid doubt, the maximum entitlement to compensation shall be 13

weeks basic salary


The Chief Executive Officer should assist surplus staff to find alternative employment by allowing them a reasonable amount of time off work to attend job interviews without loss of pay. This is subject to the Chief Executive Officer being notified of the time and location of the interview before the employee is released to attend it.


necessary.

53 Redundancy 2 – Agreement for Auckland Administration Staff Redundancy is the last option to be applied in cases of Staff surplus situations. The formula to be applied is as follows: At least one month’s notice in writing is to be given to the staff member

concerned.

For staff employed prior to 1 September 2011, payment will be made as

follows:

six weeks salary for the first year completed year of service

two weeks additional salary for staff with more than 2 years completed service

one weeks basic salary for each subsequent period of two years completed service up to a maximum of 20 years service

Service for the purpose of this subclause shall include total aggregated service with the Health Services (Hospital Boards, Area Health Boards, SPID and Spectrum Care)

For staff employed on or after 1 September 2011, payment will be made as

follows:

Four weeks basic salary for the first year completed year of service with Spectrum Care

Payment for service of less than one year will be made on a prorated basis

One week’s basic salary for each subsequent year of service up to a maximum of 10 years service

To avoid doubt, the maximum entitlement to compensation shall be 13 weeks basic salary

If 4 weeks in lieu of notice in writing cannot be provided, the employee concerned will be entitled to an additional 4 weeks basic salary payment.

Outstanding annual leave and long service leave may be separately

cashed up.

Redundant staff members who are members of the National Provident Superannuation scheme shall be paid both the employer’s and employee’s contribution plus interest to the date of the termination of employment.


The Chief Executive Officer should assist surplus staff to find alternative employment by allowing them a reasonable amount of time off work to attend job interviews without loss of pay. This is subject to the CEO being notified of the time and location of the interview before the employee is released to attend it.


necessary.

54 Redundancy 3 – Agreement for Home Support CSWs

The ongoing employment of a Home Support Community Support Worker(s) is

conditional upon the contract for home support with the family(s) stipulated at

the commencement of employment, or any subsequent contract for home

support agreed between the employee and Spectrum Care.

If the requirement for home support with the family(s) stipulated at the

commencement of employment (or any subsequent contract) changes or

ceases, for whatever reason, the Employee’s employment may be required to

change or cease correspondingly and there shall be no redundancy or other

compensation paid except as outlined below.

Should the Employee’s employment be changed or terminated due to a

change to, or cancellation of, the contract for home support for which the

Employee is employed, and where no suitable alternative duties can be agreed

with the Employee, notice or pay in lieu of notice shall apply based on length of

service:

Employees with less than two years service shall receive two weeks notice

or pay in lieu of notice for the minimum ordinary hours usually worked

during that period.

Employees with two or more years service shall receive four weeks notice

or pay in lieu of notice for the minimum ordinary hours usually worked

during that period.

Every endeavour shall be made to find suitable alternative duties.

55 Redundancy Agreement for Supported Living/Lives of Choice Employees

Severance is the last option to be applied in a staff surplus situation and only if

there is no reasonable option for redeployment to another role such as, for

example, in residential services.


At least four weeks’ notice in writing is to be given to the staff member

concerned. Temporary redeployment to another role or alternative duties may

fulfill the notice requirement. If four weeks’ notice cannot be given, the staff will

be entitled to payment for that part of the notice period that has not been

given.

Payment will be made as follows:

Four weeks basic salary for the first completed year of service with

Spectrum Care.

Payment for service of less than one year will be made on a prorated

basis.

One weeks basic salary for each subsequent year of service up to a

maximum of 10 years’ service

To avoid doubt, the maximum entitlement to compensation shall be 13

weeks basic salary

If an employee is redeployed and that new role is for a reduced number of

hours per week/fortnight, a partial redundancy shall apply and the

employee will be entitled to a prorated compensation payment using the

formula above.

56 Savings Clause 56.1 Except as specifically varied by this agreement, nothing in this agreement

shall operate so as to reduce the wages and agreement conditions of employment applying to any worker at the date of this agreement coming into force.

56.2 Portability

Those staff who transferred from SPID Ltd on 30 June 1994 on a permanent

agreement, where their conditions of service arising from earlier employment are more favourable than those contained in this document, then those conditions shall apply until varied by the agreement between the employer and the employee.

In addition, for those staff transferring from the Auckland Area Health Board (Mangere) Intellectual Disability Services Nurses Collective Employment Agreement and having been subject to the transition agreement between SPID Ltd and PSA, clause 19.5 shall remain operative as well as salary protection where it is applicable under Mangere transition agreement or until it is varied by agreement between the employer and the employee.

Nothing in this clause will apply to any other staff member.


57 Abandonment of Employment 57.1 The nature of Spectrum Care’s business means our clients are dependent, in

some cases totally dependent on our support. For this reason, if you are not able to attend work for any reason you must make all reasonable efforts to advise Spectrum Care before your scheduled start time on each day of absence.

57.2 If you are absent from work for more than 3 days without the consent of your

manager and without good cause you are deemed to have abandoned your employment.

58 Termination of Employment 58.1 Employment shall be on a fortnightly basis and Spectrum or the Employee

(other than Coordinators) shall give two weeks notice of termination in writing. Employment may in certain circumstances be liable to be terminated as outlined in Spectrum Care Disciplinary Policy and Procedures.

58.2 For Coordinators, Spectrum or the Employee may terminate this agreement at any time by giving four weeks notice in writing, unless otherwise agreed.

58.3 Where either party without notice and without good cause terminates

employment, two weeks (or four weeks for Coordinators) ordinary pay shall be paid or forfeited in lieu of notice. Pay forfeited in lieu of notice will be deducted from the Employees' final pay including any holiday pay owing to the Employee.

59 Secondary Employment Full time employees shall inform the employer of their intention to seek

secondary employment, permission to have secondary employment shall not be unreasonably withheld.

60 Disciplinary Policy Spectrum Care’s objective is to resolve any disciplinary matters according to

the principles of fairness to every individual employee and the effective management of Spectrum Care. All disciplinary procedures involving any employee(s) shall be conducted according to Spectrum Care Policy and Procedures.


60.1 Suspension

An employee may be suspended on full pay during an investigation into

serious allegations. Spectrum Care and the PSA will meet after three months

to discuss the circumstances of a staff member still under suspension due to a

criminal investigation of the same or similar allegations. Consideration will be

given to whether there is a strongly arguable case of a real and not merely

theoretical danger of injustice to a PSA member in criminal proceedings or

police investigation if required to participate in the employment investigation.

61 Resolution of Employment Relationship Problems

This clause sets out how employment relationship problems are to be resolved.

61.1 Definitions

61.1.1 An "employment relationship problem" includes: (i) A personal grievance; (ii) A dispute; (iii) Any other problem relating to or arising out of the employment

relationship but does not include any problem with negotiating new terms and conditions of employment.

61.1.2 A "personal grievance" means a claim that an employee: (i) Has been unjustifiably dismissed; or (ii) Has had his/her employment, or his/her conditions of

employment, affected to his/her disadvantage by some unjustifiable action by the employer; or

(iii) Has been discriminated against in his/her employment; or (iv) Has been sexually harassed in his/her employment; or (v) Has been racially harassed in his/her employment; or (vi) Has been subjected to duress in relation to union membership.

NOTE: The terms used in this clause have precise legal meanings, which are in the Employment Relations Act. Employees who believe they have a personal grievance should seek the advice of their delegate or Union.

61.1.3 A "Dispute": Is a disagreement over the interpretation or application of an employment agreement.

61.2 Time limit on raising personal grievance: An employee who believes he/she has a personal grievance must make the employer aware of the grievance within 90 days of the grievance arising (or of the employee becoming aware that he/she has a grievance).


61.3 Raising employment relationship problems:

An employment relationship problem should be raised and discussed with the employee's manager as soon as possible.

The employee is entitled to seek advice and assistance from a union representative in raising and discussing the problem.

The employee, employer and union will try in good faith to resolve the problem without the need for further intervention.

61.4 Mediation

If the problem is not resolved by discussion, any party may (without undue delay) seek the assistance of the mediation services provided by the Department of Labour.

All parties must co-operate in good faith with the mediator in a further effort to resolve the problem.

Mediation is confidential and, if it does not resolve the problem, is without prejudice to the parties' positions.

Any settlement of the problem signed by the mediator will be final and binding.

61.5 Employment Relations Authority

If the problem is not resolved by mediation, it may be referred to the Employment Relations Authority for investigation and determination.

NOTE: The powers of the Employment Relations Authority, and the remedies it may award, are set out in detail in the Employment Relations Act.

62 Legal Liability Spectrum Care undertakes to indemnify employees against actions taken against them by statutory and professional bodies and / or persons suffering damage as a result of acts or omissions of the employee while acting in the course of his or her employment. Where any employee while acting in the course and within the scope of their employment by Spectrum Care, requires legal representation this will be provided and paid for by Spectrum Care. The legal representatives provided above shall be directed to give the employee ‘client status’. If the employee or the employer identifies a conflict of interest, Spectrum Care will provide and pay for independent legal representation agreed by both parties. Indemnity or legal representation shall not apply to employees acting outside the course and scope of their employment and shall not be provided for criminal proceedings.


SECTION 8 - REPRESENTATION

63 Access to Agreement

A copy of this agreement shall be made readily accessible and available to all staff members covered by this agreement.

64 Access to Personal Files

All staff members shall have access to their personal files.

65 Deduction of PSA Fees

The Chief Executive Officer shall deduct PSA fees from the wages/salaries of employees when authorised in writing by members. The Chief Executive Officer will be authorised to retain an administration fee of 2.5%. subject to providing the PSA, on a quarterly basis, lists of employees covered by this agreement specifying, also, occupations and workplaces.

66 PSA Meetings (a) Subject to subsections (b) to (d) of this clause, Spectrum Care shall allow

every employee, who is a PSA member to attend on ordinary pay, two meetings (each of a maximum of two hours' duration) of the PSA each year (being the period beginning on the first day of January and ending of the following 31st day of December).

(b) The PSA shall give the employer at least 14 days’ notice of the date and time

of any meeting to which sub-clause (a) of this clause applies. (c) The PSA shall make such arrangements with the employer as may be

necessary to ensure that Spectrum Care's business is maintained during any meeting including, where appropriate an arrangement for sufficient employees to remain available during the meeting to enable Spectrum Care's operation to continue.

(d) Work shall resume as soon as practicable after the meeting but Spectrum

Care shall not be obliged to pay any employee for a period greater than two hours in respect of any meeting.

(e) Only employees who actually attend the PSA meeting shall be entitled to pay

in respect of that meeting and to that end the PSA shall supply Spectrum Care with a list of employees who attended and shall advise Spectrum Care of the time the meeting finished.


67 Leave to Attend PSA meeting

An aggregate of 30 days paid leave per annum shall be granted to cover PSA meetings, provided that the Chief Executive Officer receives written notice from the employee representative 14 days prior to the date(s) for which leave is required, and service requirements can be reasonably satisfied. Notice shall be given for each meeting and shall state the name(s) of employees seeking leave, the number of days and the meeting(s) being attended. Leave shall only be granted when correct notice has been received. Where 14 days' notice cannot be given because of the calling of emergency meetings only, a reasonable lesser period of notice will be accepted.

68 Relationship Agreement The purpose of this Agreement is to formally establish a relationship framework between Spectrum Care and the Public Service Association. The parties will review and mutually agree the terms of the agreement at each calendar year. Refer to Schedule Four for details relating to the current calendar year.

69 Employee-Representative Education Leave The employer shall grant up to a total of 55 days leave on pay per annum for union members to attend courses authorised by the PSA to facilitate the employee’s education and training as employee representatives in the workplace.

The number of days education leave granted is based on the formula of 35 days for the first 281 employees (employees covered by this document who are PSA Members and a further 5 days for every 100 full time equivalent eligible employees or part of that number which exceeds 280. The PSA shall send a copy of the programme for the course and the names of employees attending, at least 21 consecutive days prior to the course commencing.

The granting of such leave shall not be unreasonably withheld taking into account continuing service needs.

70 PSA Representatives Right of Entry

The employer permits the authorized PSA representative to enter the worksite to carry out union business provided the PSA representative does so at reasonable times, manner and duration and not so as to interfere unreasonably with Spectrum Care business.

The consent of the employer (which shall not be unreasonably withheld) shall

be required to enter dwelling houses.


71 Schedules

This agreement shall be inclusive of those matters listed in the appendices (schedules 1-5).

This agreement will be effective from 1 September 2015 to 31 August 2016.

DATED THIS DAY OF 2016

Authorised representative Authorised representative for Public Service Association for Spectrum Care

Schedule One

DEFINITIONS

“Staff or Staff member(s)” shall mean an employee of Spectrum Care who is a signatory to this agreement. “Disability Services” for the purposes of this CA means direct services, personal support and training to people with a disability, including residential and vocational services, recreation, family and community programmes. “Community Support Workers” are employees substantially engaged to provide "disability services" and includes Vocational Workers. “House Leaders” are employees responsible for ensuring house tasks are achieved. This definition includes Site Leaders and Rehabilitation Practitioners. “Service Coordinators” are employees responsible for and substantially engaged in the organisation of “disability services”. “Team Leaders” are employees substantially engaged in the management of a "disability service". "Full-time Employee" means an employee who works not less than the "ordinary" or "normal" hours set out under Section 2 "Hours of Work". "Part-time employee" means an employee, other than a casual employee, who works on a regular basis but less than the ordinary or normal hours prescribed in this CA. "Casual employee" means an employee who has no set hours or days of work and who is normally asked to work as and when required without any commitment for either party as to an ongoing employment relationship. “Temporary Staff” shall mean a staff member engaged on a full-time or part-time basis for a specified finite purpose; or to replace a permanent staff member who is on approved leave; or to replace a staff member who has been seconded to an alternative position within Spectrum Care for a period not exceeding 12 months. Temporary staff will not be used for the purpose of displacing staff from permanent positions. "Duty" is a single continuous period of work required to be given by an employee excluding on-call and call-back. A duty shall be defined by a starting and a finishing time. (Duties shall be day duties or night duties). “T1” means ordinary time Spectrum Care Board incorporated under the Charitable Trust Act 1957. "Secondment" shall mean the placement of a permanent staff member into another position on a temporary or fixed term basis, for a period not exceeding 12 months. “Overtime” shall mean time that the Employer requires to be worked in excess of 80 hours per fortnight.


Schedule Two

Applicable only to staff employed in Auckland:

Periods of previous service With the Health Service and of at least 12 months' duration may be credited provided the service ended within five years of the date of current appointments the Health Service but excludes any service with any of the above services a with any Board which has been taken into account for the purposes of calculating any entitlement to a redundancy severance/early retirement or similar payment from any of the above services or from any Boards. Service which has been recognised in a previous period of employment must be reconsidered in the new period of employment and meet the provisions outlined in 1 above. Extended leave without pay at the end of the period of service which ends in resignation or in termination of services is excluded from previous service for crediting i.e. the effective date for deciding service is the last day actually on pay. Provided that for the purposes of this clause any employee covered by this CEC who transfers directly from Services for People with an Intellectual Disability to a position covered by this CEC, shall transfer service provisions under Services for People with an Intellectual Disability CEC applying immediately before transfer that are more favourable than those provided for within this clause subject to Clause 54.2. The Chief Executive Officer may permit an employee to take annual leave in one or more periods. The Chief Executive Officer may permit all or part of the annual leave accruing in respect of a leave year to be postponed to the next following year, but the annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years. Provided that, where an employee is on continuous leave without pay due to illness or accident the employee will be permitted to take or accumulate leave for up to two years. After this an employee will not qualify for any further period of leave until duty is resumed. When an employee ceases duty, salary shall be paid for accrued annual leave and the last day of service shall be the last day of such accrued leave. Except where the Chief Executive Officer approves, where an employee is absent on special leave, whether with or without pay (i.e. including leave for study awards but excluding sick, accident or military leave) for an intermittent or continuous period of more than 35 days (including Saturdays and Sundays) during a leave year, annual leave shall be reduced in accordance with the scale below.


NOTE A "study award" for the purpose of this subclause shall be deemed to be a full or part time course of study at a tertiary educational institute, during which the employee is able to take advantage of the mid-term holidays available to other full-time students of that institute. It shall not include leave to attend organised classes, lectures, block courses or examinations required for the attainment of essential basic qualifications.

Days of absence (including Saturdays and Sundays)

Annual leave entitlement to be reduced by the working days shown below

Amount 3 weeks 4 weeks 5 weeks 6 weeks

0-35 - - - -

36-71 1.5 2 2.5 3

72-107 3 4 5 6

108-143 4.5 6 7.5 9

144-179 6 8 10 12

180-215 7.5 10 12.5 15

216-251 9 12 15 18

252-287 10.5 14 17.5 21

288-323 12 16 20 24

324-359 13.5 18 22.5 27

360-365 15 20 25 30


Schedule Three

RETIRING GRATUITIES

Applicable only to staff employed in Auckland – For all employees employed prior to 01.07.94 the following provisions shall apply: (a) The Chief Executive Officer may pay a retiring gratuity to staff retiring from

Spectrum Care who have had no less than 10 years service with the employer

Provided that for the purposes of this clause any employee covered by this CA who transfers directly from Services for People with an Intellectual Disability Ltd to a position covered by this CA shall transport service provisions under any Award or Agreement that are more favourable than those provided for within this clause.

(b) For the purposes of establishing eligibility for a gratuity, total service may be aggregated, whether this be part-time or whole-time, or a combination of both at different periods. Part-time service is not to be converted to its whole time equivalent for the purpose of establishing eligibility

(c) Where part-time service is involved the gratuity should be calculated to reflect this. The number of hours per week employed during the years of service is calculated as a percentage of the number of hours represented by a full week and this percentage is applied to the rate of pay established for gratuity

(d) Gratuities may be paid to the spouse or, if no surviving spouse, the dependent child(ren) of employees who died before retirement or who died after retirement but before receiving gratuity. Spouse is defined as a person with whom a marriage agreement has been made or who is in a de facto relationship.

(e) The calculation of a gratuity entitlement shall be in accordance with the scale detailed below, provided that the amount of any gratuity previously received in respect of service taken into account in the calculation shall be deducted.

(f) For the purposes of calculating the amount of gratuity which Spectrum Care may pay the rate of pay on retirement shall be the basic rates of salary or wages.

(g) An employee who is granted leave without pay and who remains in the service of Spectrum Care will, on retirement, have such leave aggregated with other service for gratuity purposes.


SCALE OF MAXIMUM GRATUITIES

Period of Total Service Maximum Gratuity Not less than 10 years and less than 11 years 31 days’ pay Not less than 11 years and less than 12 years 35 days’ pay Not less than 12 years and less than 13 years 39 days’ pay Not less than 13 years and less than 14 years 43 days’ pay Not less than 14 years and less than 15 years 47 days’ pay Not less than 15 years and less than 16 years 51 days’ pay Not less than 16 years and less than 17 years 55 days’ pay Not less than 17 years and less than 18 years 59 days’ pay Not less than 18 years and less than 19 years 63 days’ pay Not less than 19 years and less than 20 years 67 days’ pay Not less than 20 years and less than 21 years 71 days’ pay Not less than 21 years and less than 22 years 75 days’ pay Not less than 22 years and less than 23 years 79 days’ pay Not less than 23 years and less than 24 years 83 days’ pay Not less than 24 years and less than 25 years 87 days’ pay Not less than 25 years and less than 26 years 92 days’ pay Not less than 26 years and less than 27 years 98 days’ pay Not less than 27 years and less than 28 years 104 days’ pay Not less than 28 years and less than 29 years 110 days’ pay Not less than 29 years and less than 30 years 116 days’ pay Not less than 30 years and less than 31 years 123 days’ pay Not less than 31 years and less than 32 years 129 days’ pay Not less than 32 years and less than 33 years 135 days’ pay Not less than 33 years and less than 34 years 141 days’ pay Not less than 34 years and less than 35 years 147 days’ pay Not less than 35 years and less than 36 years 153 days’ pay Not less than 36 years and less than 37 years 159 days’ pay Not less than 37 years and less than 38 years 165 days’ pay Not less than 38 years and less than 39 years 171 days’ pay Not less than 39 years and less than 40 years 177 days’ pay Not less than 40 years 183 days’ pay

Note: These are consecutive rather than working days.


Schedule Four

RELATIONSHIP AGREEMENT

Introduction 1. The purpose of this Agreement is to formally establish a relationship framework

between Spectrum Care and the Public Service Association. This is an agreement that:

Describes our common interests and the principles and focus of the relationship

Establishes a framework for the activities the parties will undertake including organisational initiatives and projects that the PSA will participate in and contribute to, and outlines key administrative arrangements.

Maintain separation of bargaining and policy issues.

Common Interests 2. Spectrum Care and the PSA acknowledge that we have a common interest in the

achievement of Spectrum Care’s Vision, Values and Strategy, quality management practices, creating quality jobs and building a quality service which benefits all of Spectrum’s stakeholders. This agreement is consistent with the PSA’s Partnership for Quality strategy to which we are committed.

3. Spectrum Care recognises that the PSA is the independent representative of, and

provides leadership for, its members in Spectrum Care and is therefore an important stakeholder. This Agreement recognises the rights and interests of employees in decisions affecting their work and employment as well as the PSA’s commitment to improvements in quality.

4. Spectrum Care and the PSA recognise that sustaining a positive working

relationship will enhance the achievement of Spectrum Care’s Vision, Values and Strategy.

5. We are both seeking to enhance the quality of Spectrum Care’s working

environment. 6. This Agreement provides a framework that enables PSA members to collectively

participate (through the PSA) in the management of their workplaces, while recognising that the Chief Executive has ultimate responsibility for the management of Spectrum Care.


Nature of the Relationship and Agreement 7. Spectrum Care and the PSA recognise that the quality of the relationship at all

levels influences our ability to achieve our common interests and we have agreed to find a new way of working together.

8. The principles that underpin our relationship are:

Engaging with each other with openness and honesty at all times with the objective of building consensus outcomes.

Recognising and respecting the independence and differing views of our respective organisations. Each organisation is responsible and accountable for its own actions. We are both responsible and accountable for the outcomes we achieve together.

Maintaining open and regular communication in a collaborative setting ensuring there are no surprises on matters that significantly affect the other. This ‘no surprises’ approach should minimise the potential for conflict and disagreement, allowing staff and managers to focus on their work in an environment that is supportive of the objectives of Spectrum Care Trust and the PSA.

Consultation before making statements on matters sensitive to each other’s organisations.

Maintaining confidences between us where this has been agreed.

Recognising that there is the potential for conflict; our focus will be on finding ways of resolving differences. We will not disengage when significant differences or difficulties arise. We will use a problem solving approach with the aim of reaching consensus.

Where consensus cannot be achieved we will continue to respect our differing views, and the relationship principles we have agreed.

Issues will be addressed promptly, as near to the point of origin as possible. Issues will only be escalated if they are not able to be resolved at the point of origin.

9. If we believe this relationship is not working as is intended by this Agreement, we

will be open about this and we will work to resolve the issues identified.

New Employees

10. Spectrum Care will provide new employees with a PSA membership pack, including a list of PSA delegates as supplied by the PSA. Spectrum Care will, with the employee’s permission, notify the PSA about the contact details of all new employees.

11. The PSA are also invited to attend the Spectrum Care Induction at agreed times to brief new employees about the PSA organisation and its activities. Spectrum Care will collect and return to the PSA any PSA membership contracts completed by employees during the Induction.


PSA Meetings 12. An annual strategy meeting: the Chief Executive Officer of Spectrum Care,

representatives of the Senior Management Group and Human Resource

Manager, the PSA Organiser and PSA Delegate Convenors will meet once a year

to:

Discuss Spectrum Care’s business and direction, including its strategic plan;

and/or

Relationship issues;

Identify agreed areas/projects for joint work during the year;

Agree the level of support that Spectrum Care will provide for delegate

involvement in PSA national and sector committees in the following 12

months

13. Delegate meetings: PSA House Delegates and / or Delegate Convenors shall meet

three times per year, or more frequently as mutually agreed. By prior agreement,

the Human Resources Manager, representatives of senior management and/or the

Chief Executive Officer, shall attend all or part of the meeting to discuss and

resolve issues that have arisen and/or to work collectively on agreed projects.

14. Project meetings: as may be agreed between Spectrum Care and the PSA, small

groups of delegates and their union representatives may meet periodically with

Spectrum Care managers to jointly work on projects agreed as part of an annual

project plan (see above) or other projects that may be agreed on an ad hoc basis.

The size and composition of the groups and the frequency and longevity of meeting

shall be agreed between the parties on a case by case basis.

Supporting the Relationship 15. Spectrum Care recognises and values the important role of delegates in the

workplace. Spectrum Care and the PSA have a mutual interest in ensuring that delegates have the skills, time, resources and information to effectively carry out the role.

16. Spectrum Care will:

Provide paid leave for delegates to attend the meetings described in clauses 5.1 to

5.3.

Compensate delegates’ travel costs for attending the meetings described in

clauses 5.1 to 5.3 at the IRD rate

Wherever possible Delegates will carpool to attend these meetings


17. The PSA will:

Provide Spectrum Care with a list of delegates on a regular basis.

Meet travel costs for delegates involved in PSA Incorporated business.

Notify Spectrum Care of the dates and times of delegate meetings

Provide Spectrum Care with a list of confirmed attendance at delegate meetings. 18. This agreement is effective for the period September 2015 - August 2016. The

parties will review and mutually agree the terms of the agreement at each subsequent calendar year.


Schedule Five

HOUSES NOMINATED FOR SPLIT SHIFTS

Baker House

Water St

Salisbury

Motatau

Esperanto

Packham

Helena

Sturges

Garden Court

Young Cottage

Young Rd

Tua Place

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