Crown Employees (Teachers in TAFE
Children's Centres) Salaries and Conditions Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1621 of 2008)
|
Before Commissioner
McLeay
|
6 November 2008
|
REVIEWED
AWARD
part a
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Dictionary
3. Salaries
and Allowances
4. Hours of
Work
5. Non
Contact Time
6. Shift Work
7. Public
Holidays
8. Leave
9. Overtime
and Time Off in Lieu for Payment of Overtime
10. Job Share
11. Duties of
Teachers
12. Crib Breaks
13. First-aid
Certificate
14. Dispute
Resolution Procedures
15. Anti-Discrimination
16. Deduction
of Union Membership Fees
17. Secure
Employment Test Case - OH&S Obligations
18. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Early Childhood Teachers - Salaries
Table 2 - Early Childhood Directors - Allowances
Table 3 - Teachers in Charge - Allowances
2. Dictionary
2.1 "Award"
means the Crown Employees (Teachers in TAFE Children’s Centres) Salaries and
Conditions Award 2005.
2.2 "Casual
Teacher" means a teacher engaged as required by the employer, who is not a
full-time or part-time teacher.
2.3 "Director-General"
means the Director-General of Education and Training and Managing Director of
the TAFE Commission.
2.4 "Early
Childhood Director" means a person appointed as such by the employer and
who is an early childhood teacher, as defined, who is responsible to the
employer for the direct supervision of other employees and/or the management of
a centre and centres.
2.5 "Early
Childhood Teacher" means a person in a centre who is classified by the
Director-General as either a four year trained teacher or a three year trained
teacher, provided that all teachers employed at the time of the making of this
award shall be so classified.
2.5.1 "Four Year
Trained Teacher" means:
a teacher who holds a four-year early childhood
education degree from a higher education institution;
a teacher who holds a degree from a higher education
institution and who has, in addition, satisfactorily completed a one year early
childhood education diploma from a higher education institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.5.2 "Three Year
Trained Teacher" means:
a teacher who has satisfactorily completed a course of
early childhood education of three years duration at a higher education institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.6 "Employee"
means all persons employed in TAFE children's centres, including early
childhood directors and early childhood teachers.
2.7 "Employer"
means the Crown in the right of the State of New South Wales (the Crown).
2.8 "Full-time
Teacher" means any teacher engaged as such who is not a part-time or
casual teacher and who works 38 hours per week.
2.9 "Higher Education
Institution" means a university or other tertiary institution recognised
by the Director-General which offers degrees, diplomas or teacher education
courses.
2.10 "Part-time
Teacher" means a teacher who is engaged to work regularly and not more than
0.8 of the ordinary hours which a full-time teacher at the centre is required
to work, provided that a part-time teacher may work up to 0.9 of the ordinary
hours of a full-time teacher if the teacher is entitled to a preparation
session equivalent to 0.1 of a teacher's ordinary hours.
2.11 "Permanent
Part-time Work" means employment which is undertaken for less than the
full ordinary working hours per week for the classification on a continuing
basis for set and regular hours. The
rate of pay, all conditions and leave entitlements of a permanent part-time
staff member are on a pro rata basis.
2.12 "Shift"
means a daily period of work in a TAFE children's centre and shall be one of
the following:
2.12.1 "Afternoon
shift" means any shift finishing after 7.00 p.m. and at or before
midnight.
2.12.2 "Night
shift" means any shift finishing after midnight and at or before 8.00 a.m.
or any shift commencing at or after midnight and before 5.00 a.m.
2.12.3 "Early
morning shift" means any shift commencing at or after 5.00 a.m. and before
6.00 a.m.
2.12.4 "Night shift,
non-rotating" means any shift system in which night shifts are worked
which do not rotate or alternate with another shift so as to give the teacher
at least one third of their working time off night shift in each roster system.
2.13 "TAFE/ TAFE
NSW" - means the TAFE Commission
2.14 "TAFE
Children's Centre" means a long day care centre established on TAFE
premises with the primary purpose of providing child care and/or educational
development programs and/or centres for children under school age, over a
period of eight hours or more a day and for not less than 48 weeks per annum.
2.15 "Teacher in
Charge" means a teacher appointed as such by the employer in TAFE
children’s centres where the director is employed on a part-time basis and who
is responsible to the director for the management of the centre when the
director is not in attendance.
2.16 "Temporary
Teacher" means a teacher employed to work full‑time or part-time for
a specified period which is not more than a full centre year but not less than
five days. Provided that a teacher may be employed for a specific period in
excess of a full year but not more than two full years where such a teacher is
replacing a teacher who is on leave for a specified period in excess of a full
year.
2.17 "Union"
means the New South Wales Teachers Federation.
3. Salaries and
Allowances
3.1 The minimum
annual rate of salary payable to early childhood teachers and early childhood directors
in TAFE children's centres shall be as set out in Table 1 - Early Childhood
Teachers - Salaries, of Part B, Monetary Rates. A teacher shall progress after each 12 months of service along
the steps of the salary scale, subject to the teacher demonstrating continuing
satisfactory performance and professional growth.
3.2 Part-time and
Temporary Teachers -
3.2.1 A part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification, but in that
proportion which the teacher's ordinary attendance hours at the centre bear to
the hours which a full-time teacher at a centre is normally required to attend.
3.2.2 The days of
attendance of a part-time teacher may be varied at the commencement of each
semester or by mutual agreement between the employer and the teacher, with four
weeks notice. The ordinary hours for the purpose of this subclause shall not be
varied without agreement.
3.2.3 A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification.
3.3 Calculation of
Service -
3.3.1 For the purpose
of this clause, any teacher, if required by the employer to do so, shall, upon
engagement, establish to the satisfaction of the employer the length of their
service as a teacher in any centre or in early childhood education services for
children up to eight years of age, or as a teacher in the infants department of
a recognised school or within the infants department of schools registered or
certified under the appropriate legislation in other States or Territories of
the Commonwealth of Australia, and that period so established shall be taken to
be the length of such service for the purpose of that employment.
3.3.2 For the purpose
of this clause, a period of service other than service within paragraph 3.3.1
shall be counted as service in accordance with the following principles:
3.3.2.1 A
period of service as a lecturer in early childhood education or child
development, as a child development officer, or as a family day care
coordinator or equivalent, shall be recognised as service.
3.3.2.2 A
period of service as a carer in the child care industry, including service as a
family day care carer, a child care certificate worker or equivalent, and a
period of time during which the teacher is wholly engaged in child rearing,
shall be recognised as service at the rate of one increment for each complete
three years so engaged. Provided that, during the time of child rearing, the
teacher was a qualified early childhood teacher.
3.3.3 For the purpose
of calculating service:
3.3.3.1 Any
full-time employment (including temporary full-time employment) as referred to
in paragraphs 3.3.1 and 3.3.2, shall be counted as service.
3.3.3.2 The
amount of part-time service (including temporary part-time service) shall be
calculated by reference to proportion that the part-time employment bears to
full-time employment in that occupation.
3.3.3.3 Casual
teachers shall be entitled to normal incremental progression for each 1,600
hours of service or its equivalent in early childhood education services.
3.3.3.4 For the
purpose of calculating service in this subclause, periods of part-time, temporary
or casual service shall be aggregated to determine years of full-time service.
3.4 Directors'
Allowances -
3.4.1 Early childhood
directors shall be paid an amount as set out in Table 2 - Early Childhood
Directors - Allowances, of Part B, Monetary Rates, by way of a fixed loading.
3.4.2 For the purposes
of determining the number of employees directly supervised by a director, each
employee who works for 19 hours or more per week in the centre shall be counted
as one employee, and the hours worked by each employee whose hours of work are
less than 19 hours per week, as at 1 February and 1 July in each year, shall be
aggregated and divided by 38 to determine the full-time equivalent.
3.4.3 A teacher
required by the employer to act as an early childhood director for a period of
at least five consecutive days shall be paid the appropriate allowances
prescribed in the said Table 2 for such period. Provided that a teacher shall
not be required to carry out such duties in an acting capacity for more than a
full year, except that a teacher may be required to carry out such duties for
up to two full years where such a teacher is replacing a director who is on
leave for a specified period in excess of a full year.
3.5 Teacher in
charge allowances -
A teacher appointed as a teacher in charge shall be
paid in addition to the amounts payable pursuant to subclause 3.1, an allowance
in accordance with Table 3 - Teachers in Charge - Allowance, of Part B -
Monetary rates.
3.6 Casual Teachers
-
3.6.1 A casual teacher
shall be paid a 20 per cent loading in addition to the appropriate rate for
their classification, up to a maximum of the fourth step of the appropriate
scale. This rate shall be calculated by
dividing the annual rate by 26.07 to obtain a fortnightly rate and the result
by ten to obtain a daily rate and then by 7.6 to obtain an hourly rate.
3.6.2 A casual teacher
is entitled to an additional payment of one twelfth of their salary in
accordance with the Annual Holidays Act 1944.
3.6.3 Provided that the
minimum start for any casual teacher shall be three continuous hours for any
day or shift and that time worked thereafter shall be rounded to the nearest
half hour.
3.6.4 Provided that
casual teachers who are engaged for more than six hours and up to 7.6 hours
shall be paid the full daily rate.
3.6.5 Bereavement Leave
(i) Subject to the
evidentiary and notice requirements in subclause 8.5.1.2 and 8.5.1.4 casual
teachers are entitled to not be available to attend work, or to leave work on
the death in Australia of a person prescribed in subclause 8.5.1.3.2 of clause
8.5 Personal/Carer’s Leave.
(ii) The employer
and the casual teacher shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
casual teacher is entitled to not be available to attend work for up to 48
hours (i.e. two days) per occasion. The casual teacher is not entitled to any
payment for the period of non attendance.
(iii) The employer
must not fail to re-engage a casual teacher because the casual teacher accessed
the entitlements provided for in this clause. The rights of the employer to
engage or not engage a casual teacher are otherwise not affected.
3.6.6 Personal/Carer’s
leave
(i) Subject to the
evidentiary and notice requirements in subclause 8.5.1.2 and 8.5.1.4 casual
teachers are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause 8.5.1.3.2 of clause 8.5
Personal/Carer’s Leave who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child.
(ii) The employer
and the casual teacher shall agree on the period for which the casual teacher
will be entitled to not be available to attend work. In the absence of
agreement, the casual teacher is entitled to not be available to attend work
for up to 48 hours (i.e. two days) per occasion. The casual teacher is not
entitled to any payment for the period of non attendance.
(iii) The employer
must not fail to re-engage a casual teacher because the casual teacher accessed
the entitlements provided for in this clause. The rights of the employer to
engage or not engage a casual teacher are otherwise not affected.
3.7 Reclassification
3.7.1 Where a three
year trained teacher completes a course of training as set out in the
definition of "Four Year Trained Teacher" in Clause 2, Dictionary,
the teacher shall be transferred to the salary step on the higher salary scale
determined by the teacher’s years of service on the scale.
3.7.2 When a teacher is
transferred to a higher salary scale in accordance with paragraph 3.6.1, the
date of the transfer shall be the date of completion of formal course
requirements, provided that the teacher advises the employer of the date of
such completion within one month of that date. Otherwise the date transfer
shall be one month prior to the date on which such advice was furnished by the
teacher to the employer.
3.8 Salary packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed by Part B, Table 1 of this award
and any allowances paid to an employee which form part of the employee’s salary
for superannuation purposes.
3.8.1 An employee may,
by agreement with the employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
Any pre-tax and post-tax payroll deductions must be
taken into account prior to determining the amount of salary available to be
packaged. Such payroll deductions may include but are not limited to,
compulsory superannuation payments, HECS payments, child support payments,
judgment debtor/garnishee orders, union fees, health fund premiums.
3.8.2 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the employee and employer, will be provided in a separate
written agreement, in accordance with the Department’s salary packaging
guidelines. Such agreement must be made prior to the period of service to which
the earnings relate.
3.8.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
3.8.3.1 any
fringe benefits tax liability arising from a salary packaging arrangement; and
3.8.3.2 any
administrative fees.
3.8.4 Where the
employee makes an election to salary package the following payments made by the
employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
3.8.4.1 Superannuation
Guarantee Contributions;
3.8.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
3.8.4.3 payments made in
relation to accrued leave paid on termination of the employee’s employment or
on the death of the employee.
4. Hours of Work
4.1 The ordinary
working hours, inclusive of crib breaks taken at the Centre, shall not exceed
an average of 38 per week between the hours of 6.00am to 7.00pm Monday to
Friday to be worked by one of the following methods:
4.1.1 A teacher working
in shifts of no more than eight hours duration.
4.1.1.1 A
teacher shall accrue 0.4 of one hour for eight hours duty on each day of
attendance to a maximum of one (1) paid rostered day off (RDO) in each 20 days
of service. RDOs are to be taken during
TAFE breaks where possible. There shall
be a maximum of 12 RDOs in any 12 consecutive months of employment.
4.1.1.2 Each
day of paid leave taken pursuant to this Award including each public holiday
and the annual holiday (but not including long service leave) shall be regarded
as a day worked for accrual purposes.
4.1.1.3 A
teacher shall be entitled to be paid on termination of employment for rostered
days off which have been accumulated but not taken at the rate of pay effective
on the date of termination.
4.1.1.4 A
teacher shall not be entitled to sick leave in respect of illness whilst on a
rostered day off. In the event of a
rostered day off falling on a public holiday, the teacher and employer shall
agree on an alternative day off as a substitute.
4.1.2 A teacher working
in shifts of more than eight ordinary hours on one or more days during the work
cycle.
4.1.2.1 A
teacher may work three 10 hour shifts and one eight hour shift per week; or
4.1.2.2 four
9.5 hour shifts per week; or
4.1.2.3 any
other shift arrangement whereby a teacher works no more than 10 hours per day
or 38 hours per week.
If the teacher works a shift longer than eight hours
the teacher shall receive an additional paid crib break of 10 minutes which
shall be taken at a time convenient to the employer.
4.1.3 Method of
Implementation
Subject to paragraphs 4.1.1 and 4.1.2, the method of
implementation of the 38-hour week shall be one of the following, as agreed
between the teacher and the institute manager in charge of the centre:
4.1.3.1 19-day
month - the teacher may accrue one workday in each 20 days of service as a
rostered day off (to be taken during TAFE breaks where possible).
4.1.3.2 Accumulation
- the teacher may accrue sufficient rostered days off to enable such days to be
taken as a block of no more than 12 days at any one time in any 12 months of
consecutive employment.
4.1.3.3 The
teacher may work more than eight hours on one or more days of the work cycle.
The institute manager in charge of the centre shall
make the final determination of the method of implementing the 38 hour week.
4.1.4 Part-time, Casual
and Temporary Teachers:
4.1.4.1 Part-time
teachers - A part-time teacher shall, by agreement with the institute manager
in charge of the centre and according to the period of engagement of the
teacher, be entitled to either:
4.1.4.1.1 accrue
rostered days off in accordance with paragraph 4.1.1 if a part-time teacher’s
hours are spread over five days of a week; or
4.1.4.1.2 be paid an
additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
4.1.4.2 Casual
teachers - A casual teacher shall be entitled to be paid an additional loading
of five per cent pursuant to this clause in lieu of an entitlement to rostered
days off.
4.1.4.3 Temporary
teachers - A full-time temporary teacher shall, by agreement with the institute
manager in charge of the centre and according to the period of engagement of
the teacher, be entitled to either:
4.1.4.3.1 accrue
rostered days in accordance with paragraph 4.1.1; or
4.1.4.3.2 be paid
an additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
4.1.5 Rostering
4.1.5.1 A
teacher shall be advised by the institute manager in charge of the centre at
least four weeks in advance of the day or days on which the teacher is to be
rostered off duty.
4.1.5.2 An
individual teacher may, with the agreement of the institute manager in charge
of the centre, substitute the day the teacher is rostered off duty for another
day.
5. Non Contact Time
5.1 Both the
employer and the Teachers Federation recognise that all teachers and directors
should be relieved from face to face duties in order to perform programming,
record keeping, liaison with parents and outside agencies and administration
duties.
5.1.1 Directors
Administration Time
Full time directors shall receive a minimum of 5 hours
per week of non contact time to perform administrative duties.
5.1.2 Full Time Teachers
Non Contact Time
Teachers shall receive a minimum of 2 hours per week of
non contact time.
5.1.3 Provided that
directors or teachers who now receive non contact time in excess of this shall not
have this time reduced as a result of the making of this Award.
5.1.4 Non contact time
for part time teacher and directors shall be in that proportion to which the
teacher or directors working hours bear to the number of working hours which a
full time teacher or director at the centre is normally required to work.
6. Shift Work
6.1 For the purposes
only of calculating the loadings provided for in this clause:
6.1.1 a fortnightly
rate of pay shall be obtained by dividing the teacher's annual rate by 26.07;
6.1.2 a daily rate of
pay shall be obtained by dividing the fortnightly rate, as provided for in
paragraph 6.1.1, by ten;
6.1.3 the rate of pay
for a casual teacher shall be calculated in accordance with subclause 3.6.
6.2 In addition to
the weekly or daily rate of salary provided for in clause 3, a loading shall be
payable to a teacher required to perform shift work as follows:
6.2.1 early morning
shift - 10 per cent;
6.2.2 afternoon shift -
15 per cent;
6.2.3 night shift,
rotating with day or afternoon shift - 17.5 per cent;
6.2.4 night shift, non
rotating - 30 per cent.
6.3 Where a teacher
is required to work on a Saturday, Sunday or a public holiday, they will be
paid for each such day or shift worked on the following basis:
6.3.1 Saturday - at one
and a half times the daily rate of pay.
6.3.2 Sunday - at
double the daily rate of pay.
6.3.3 Public holidays -
at two and a half times the daily rate of pay.
6.3.4 The payments
prescribed by this subclause shall be in substitution for, and not cumulative
upon, the shift loading prescribed in subclause 6.2.
7. Public Holidays
7.1 The following
days shall be holidays for the purposes of this Award: New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day, Boxing Day. All days proclaimed as
public holidays for the state shall be holidays, provided that any day
proclaimed as a holiday for the State for a special purpose but observed
throughout the State on different days also shall be a holiday.
8. Leave
8.1 Annual
Recreation Leave -
8.1.1 All teachers,
other than casual teachers, will be entitled to a minimum of 20 days recreation
leave per annum, or pro rata where employed for periods of less than the
equivalent full-time.
8.1.2 All recreation
leave is to be taken during TAFE non-teaching and vacation periods where
possible.
8.2 Annual Leave
Loading - All teachers, other than casual teachers, shall be paid a loading of 17.5
per cent of their salary for each week of the four weeks minimum annual leave
as provided for in subclause 8.1, for each 12 months of service, or pro rata on
the basis of the staff member's ordinary salary rate.
8.3 Sick Leave -
8.3.1 All full-time teachers
shall be entitled to 15 days per annum, with the unused component of the annual
entitlement being fully cumulative.
8.3.2 The sick leave
entitlement for a part-time teacher employed in a centre shall be in that
proportion which the teacher's working hours bears to the number of working
hours which a full-time teacher at that centre is normally required to work.
8.3.3 A temporary
teacher's sick leave entitlement shall be in that proportion of 15 days which
their appointment bears to the proportion of the year that they work.
8.3.4 Special sick
leave shall be available in line with TAFE policy.
8.4 Family and
Community Service Leave -
8.4.1 The maximum
amount of family and community service leave that may be granted for full-time
teachers is:
8.4.1.1 during
the first 12 months of service - 2.5 working days;
8.4.1.2 after
completion of 12 months of service - five working days in any two-year period;
or
8.4.1.3 one
working day for each year of service after two years of continuous service,
less any period of family and community service leave already taken.
8.4.2 The family and
community service leave entitlement for a part-time teacher employed in a
centre shall be in that proportion which the teacher's working hours bears to
the number of working hours which a full-time teacher at that centre is
normally required to work.
8.5 Personal/Carer's
Leave -
8.5.1 Use of Sick Leave
8.5.1.1 A
teacher, other than a casual teacher, with responsibilities in relation to a
class of person as set out in subparagraph 8.5.1.3.2 who needs the teacher's
care and support shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement provided for in subclause 8.3,
for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
8.5.1.2 The
teacher shall, if required, establish, either by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person. In normal
circumstances, a teacher must not take carer's leave under this subclause where
another person has taken leave to care for the same person.
8.5.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
8.5.1.3.1 the
teacher being responsible for the care of the person concerned; and
8.5.1.3.2 the
person concerned being:
(a) a spouse of the
teacher; or
(b) a de facto spouse
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the teacher or spouse or de facto spouse
of the teacher; or
(d) a same sex
partner who lives with the teacher as the de facto partner of that teacher on a
bona fide domestic basis; or
(e) a relative of
the teacher who is a member of the same household where, for the purposes of
this section:
(i) "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
8.5.1.4 A
teacher shall, wherever practicable, give the employer notice, prior to the
absence, of the intention to take leave, the name of the person requiring care
and that person's relationship to the teacher, the reasons for taking such
leave and the estimated length of absence. If it is not practicable for the
teacher to give notice of absence, the teacher shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
8.5.2 Unpaid Leave for
Family Purpose -
8.5.2.1 A
teacher may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person as
set out in subparagraph 8.5.1.3.2, who is ill.
8.5.3 Annual Leave -
8.5.3.1 A
teacher may elect, with the consent of the employer and subject to the Annual
Holidays Act 1944, to take annual leave not exceeding ten days in
single-day periods or part thereof in any calendar year at a time or times
agreed by the parties.
8.5.3.2 Access
to annual leave, as prescribed in subparagraph 8.5.3.1, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
8.5.3.3 A
teacher and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
8.5.3.4 A
teacher may elect with the employer’s agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due.
8.5.4 Make-up Time -
8.5.4.1 A teacher may
elect, with the consent of the employer, to work "make-up time",
under which the teacher takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the Award, at the
ordinary rate of pay.
8.5.4.2 A teacher on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the teacher takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
8.5.5 Rostered Days Off
-
8.5.5.1 A
teacher may elect, with the consent of the employer, to take a rostered day off
at any time.
8.5.5.2 A
teacher may elect, with the consent of the employer, to take rostered days off
in part-day amounts.
8.5.5.3 A
teacher may elect, with the consent of the employer, to accrue some or all
rostered days off for the purpose of creating a bank to be drawn upon at a time
mutually agreed between the employer and teacher, or subject to reasonable
notice by the teacher or the employer.
8.5.5.4 This
subclause is subject to the employer informing each union, which is both party
to the award and which has members employed at the particular enterprise, of
its intention to introduce an enterprise system of RDO flexibility, and
providing a reasonable opportunity for the union(s) to participate in
negotiations.
8.5.6 Bereavement Leave
-
8.5.6.1 A
teacher, other than a casual teacher, shall be entitled to up to two days
bereavement leave, without deduction of pay, on each occasion of the death of a
person prescribed in subparagraph 8.5.6.3.
8.5.6.2 The
teacher must notify the employer as soon as practicable of the intention to
take bereavement leave and will, if required by the employer, provide, to the
satisfaction of the employer, proof of death.
8.5.6.3 Bereavement
leave shall be available to the teacher in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph 8.5.1.3.2; provided that, for the purpose of bereavement leave,
the teacher need not have been responsible for the care of the person
concerned.
8.5.6.4 A
teacher shall not be entitled to bereavement leave under this clause during any
period in respect of which the teacher has been granted other leave.
8.5.6.5 Bereavement
leave may be taken in conjunction with other leave available under paragraphs
8.5.1, 8.5.2, 8.5.3, 8.5.4, 8.5.5 and 8.5.7. In determining such a request, the
employer will give consideration to the circumstances of the teacher and the
reasonable operation requirements of the business.
9. Overtime and Time
Off in Lieu of Payment for Overtime
9.1 Overtime
9.1.1 Subject to 9.1.2
and 9.1.3, all hours required by the employer to be worked outside the ordinary
hours of work prescribed by clause 4 Hours of Work, including where a teacher
is required to stay back to supervise children who have not been picked up or
to cover related emergency situations including staff absences, but excluding
the normal preparation and programming duties of a teacher, shall be paid at
the rate of time and one half for the first two hours and double time
thereafter.
9.1.2 Notwithstanding
9.1.1, teachers may be required to attend out of hours enrolment sessions,
in-service, staff meetings, parent and committee management meetings and other
duties not including the supervision of children without any payment being due.
9.1.3 Teachers, other
than casual teachers, shall be allowed three days paid compensatory leave per
annum, in lieu of attendance at out of hours enrolment sessions, in-service,
staff meetings, parent and committee management meetings and other duties not
including the supervision of children. This compensatory leave shall be granted
and taken on a day or days determined by the director or line manager and be
mutually convenient.
9.2 Time Off in Lieu
of Payment for Overtime
9.2.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
9.2.2 Overtime taken as
time off during ordinary-time hours shall be taken at the ordinary time rate,
that is, an hour for each hour worked.
9.2.3 If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
9.2.4 Where an election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with 9.1.1 of this Award.
10. Job Share
10.1 Job share is a
five-day full-time position which is shared by two teachers, working a
predetermined number of full days each per week.
10.2 Job share is only
available to early childhood teachers, not early childhood directors.
10.3 Procedures for
implementing job share:
10.3.1 Teachers interested
in job share may put forward a proposal in writing to the director. This
proposal should include the following:
10.3.1.1 reasons;
10.3.1.2 benefits
to the centre;
10.3.1.3 strategies
for the management of job share;
10.3.1.4 nominated
days of work.
10.3.2 The director and
the prospective job share teacher will then meet to discuss the following
issues:
10.3.2.1 advantages/disadvantages
of proposal;
10.3.2.2 strategies
for communication between job share teachers;
10.3.2.3 strategies
for communication with other staff members;
10.3.2.4 attendance
at parent meetings and preparation of written reports;
10.3.2.5 attendance
at staff meetings, regional meetings, in-service courses and other out of hours
meetings or functions;
10.3.2.6 curriculum
and programming issues.
10.3.2.7 The
parties note that attendance at meetings on days that a job share teacher is
normally not expected to attend is at the discretion of the teacher.
10.3.3 If there is an in principle
agreement between the above parties, the written proposal will be forwarded to
the relevant institute human resources manager with a recommendation from the
director.
10.3.4 The human
resources manager will confirm, in writing, whether the proposal is approved or
not.
10.3.5 If job share is
approved, the second position is advertised and both positions will become
permanent part-time.
10.3.6 Following the
appointment of the second job share teacher, the issues identified in paragraph
10.3.2 will be discussed at a full staff meeting.
10.3.7 In the event that
the job share proposal is not approved, the staff member concerned has the
right to invoke the dispute resolution procedure as set out in clause 14,
Dispute Resolution Procedure.
10.4 The employer
reserves the right to:
10.4.1 view each
situation on an individual basis;
10.4.2 nominate, if
necessary, a number of staff or an overall percentage of teachers in TAFE
children's centres who are able to job share;
10.4.3 determine the
number of job share positions in each centre.
10.5 Absences that
occur due to approved leave, including sick leave, by one of the two job share
teachers will be offered in the first instance to the other person. The teacher cannot be directed to work such
absences.
10.5.1 Payment for such
vacancies will be according to clause 3, Salaries and Allowances.
10.6 Resignations - In
the event that the position of one job share teacher at a particular centre
becomes vacant, the following procedure will occur:
10.6.1 the remaining
part-time teacher may be offered the option of a full-time position;
10.6.2 another permanent
staff member, including a part-time teacher, may transfer to the job share
position;
10.6.3 if neither of the above
occurs, then the part-time position will be advertised.
11. Duties of
Teachers
11.1 The normal duties
of teachers shall include the usual duties performed in attendance at a centre
as well as the usual planning, resourcing and extracurricular activities
associated with a centre, including attendance at parent and committee
management meetings.
11.2 A director shall,
in addition to subclause 11.1, have responsibility for the supervision of
employees and the security and maintenance of a centre.
12. Crib Breaks
12.1 A teacher shall
be entitled to 30 consecutive minutes crib break within the centre.
12.2 Where a meal is
taken at the centre, it shall be counted as time worked. A teacher is not to be
required to work for more than five hours without being given the opportunity
to take a crib break.
13. First-Aid
Certificate
13.1 Teachers, other
than casual teachers, will be required to obtain and maintain a first-aid
certificate under the following conditions:
13.1.1 Teachers in the
first six months of employment will be required to have or to obtain a
"Care for Kids" qualification or an approved senior first-aid
certificate.
13.1.2 Teachers will be
required to maintain the currency of their first-aid certification.
13.1.3 Teachers will be
granted paid leave to attend a first-aid course or, when the teacher attends
the course in their own time, the teacher will receive time in lieu at ordinary
rates for course attendance time.
14. Dispute
Resolution Procedures
14.1 The objective of these
procedures is the avoidance and resolution of industrial disputation, arising
under this Award, by measures based on consultation, cooperation and
negotiation.
14.2 Without prejudice
to either party, the parties to this Award shall ensure the continuation of
work in accordance with this Award and custom and practice in TAFE children's
centres.
14.2.1 In the event of
any matter arising under this Award which is of concern or interest, the
teacher shall discuss the matter with the appropriate supervisor.
14.2.2 If the matter is
not resolved at this level, the teacher may refer the matter to the union,
which will discuss the matter with the appropriate supervisor.
14.2.3 If the matter
remains unresolved, it shall be referred to the General Secretary of the union
or nominee and the institute director or nominee for discussion and appropriate
action.
14.2.4 If the matter
cannot be resolved at this level, it may be referred to the Industrial
Relations Commission of New South Wales.
14.3 Nothing contained
in this procedure shall prevent the General Secretary of the union or nominee
and the Deputy Director-General, Workforce Management and Systems
Improvement/institute director or nominee from entering into negotiations at
any level, either at the request of a member or on their own initiative, in
respect of matters in dispute should such action be conducive to achieving
resolution of the dispute.
15.
Anti-Discrimination
15.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
15.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
15.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
15.4 Nothing in this
clause is to be taken to affect:
15.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
15.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
15.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
15.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
15.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
16. Deduction of
Union Membership Fees
16.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
16.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
16.3 Subject to 16.1
and 16.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to
make such deductions.
16.4 Monies so
deducted from employee’s pay shall be forwarded regularly to the union,
together with all necessary information to enable the union to reconcile and
credit subscriptions to employee’s union membership accounts.
16.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
16.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
17. Secure Employment
Test Case - OH&S Obligations
i. For the
purposes of this clause, the following definitions shall apply:
1. A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
2. A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
ii. If the
employer engages a labour hire business and/or a contract business to perform
work wholly or partially on the employer’s premises, the employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
1. consult with
employees of the labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
2. provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
3. provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
4. ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
iii. Nothing in
this clause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
iv. Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
v. This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
18. Area, Incidence
and Duration
18.1 This Award shall
apply to all early childhood teachers and early childhood directors as defined
in clause 2, Dictionary, employed in TAFE children's centres.
18.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Teachers in TAFE Children's
Centres) Salaries and Conditions Award 2005 published 2 June 2006 (359 I.G.
458), as varied.
18.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 6 November 2008.
18.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired..
PART B
MONETARY RATES
Table 1 - Early
Childhood Teachers - Salaries
The following minimum annual salaries shall apply with
effect from the beginning of the first pay period commencing on or after the
date specified in each column
|
Three Year
|
1 July 2004
|
22 August 2005
|
22 August 2006
|
22 August 2007
|
|
Trained Teachers
|
|
5%
|
4.5%
|
4%
|
|
|
$
|
$
|
$
|
$
|
|
Step 1
|
39,725
|
41,711
|
43,588
|
45,332
|
|
Step 2
|
41,749
|
43,836
|
45,809
|
47,641
|
|
Step 3
|
43,931
|
46,128
|
48,204
|
50,132
|
|
Step 4
|
45,946
|
48,243
|
50,414
|
52,431
|
|
Step 5
|
48,038
|
50,440
|
52,710
|
54,818
|
|
Step 6
|
50,363
|
52,881
|
55,261
|
57,471
|
|
Step 7
|
51,630
|
54,212
|
56,652
|
58,918
|
|
Step 8
|
52,884
|
55,528
|
58,027
|
60,348
|
|
Step 9
|
54,991
|
57,741
|
60,339
|
62,753
|
|
Step 10
|
57,188
|
60,047
|
62,749
|
65,259
|
|
Step 11
|
58,729
|
61,665
|
64,440
|
67,018
|
|
Four Year Trained
|
1 July 2004
|
22 August 2005
|
22 August 2006
|
22 August 2007
|
|
Teachers
|
$
|
5%
|
4.5%
|
4%
|
|
|
|
$
|
$
|
$
|
|
Step 1
|
42,242
|
44,354
|
46,350
|
48,204
|
|
Step 2
|
44,860
|
47,103
|
49,223
|
51,192
|
|
Step 3
|
47,381
|
49,750
|
51,989
|
54,069
|
|
Step 4
|
50,177
|
52,686
|
55,057
|
57,259
|
|
Step 5
|
52,780
|
55,419
|
57,913
|
60,230
|
|
Step 6
|
54,991
|
57,741
|
60,339
|
62,753
|
|
Step 7
|
57,188
|
60,047
|
62,749
|
65,259
|
|
Step 8
|
59,666
|
62,649
|
65,468
|
68,087
|
|
Step 9
|
62,051
|
65,154
|
68,086
|
70,809
|
Table 2 - Early
Childhood Directors - Allowances
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after the date
specified in each column.
|
Units
|
1 July 2004
|
22 August 2005
|
22 August 2006
|
22 August 2007
|
|
|
|
10%
|
10%
|
10%
|
|
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
$
|
|
1 to 6 employees
|
6,254
|
6,879
|
7,567
|
8,324
|
|
7 to 12 employees
|
7,566
|
8,323
|
9,155
|
10,071
|
|
13 to 16 employees
|
9,212
|
10,133
|
11,146
|
12,261
|
|
17 or more employees
|
10,002
|
11,002
|
12,102
|
13,312
|
Table 3 - Teacher
in Charge - Allowances
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after the date
specified in each column.
|
|
1 July 2004
|
22 August 2005
|
22 August 2006
|
22 August 2007
|
|
|
|
10%
|
10%
|
10%
|
|
Units
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
$
|
|
1 to 6 employees
|
3,128
|
3,441
|
3,785
|
4,164
|
|
7 to 12 employees
|
3,783
|
4,161
|
4,577
|
5,035
|
|
13 to 16 employees
|
4,605
|
5,066
|
5,573
|
6,130
|
|
17 or more Employees
|
5,002
|
5,502
|
6,052
|
6,657
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.