Crown Employees (Saturday School
of Community Languages) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1551 of 2008)
|
Before Commissioner
Murphy
|
5 November 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Employment
Jurisdiction
4 Recruitment
and Appointment
5. Allocation
to Centres and Classes
6. Duties as
Directed
7. Remuneration
8. Travel
Expenses
9. Training
and Development
10. Recognition
of Service
11. Anti-Discrimination
12. Parental
Leave and Other Entitlements
13 Dispute
Resolution Procedures
14. No Further
Claims
15. Goods and
Services Tax
16. Deduction
of Union Membership Fees
17. Secure
Employment
18. Occupational
Health and Safety
19. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Remuneration
2. Definitions
2.1 "Appointed
Saturday School Community Language Teacher" means an employee who has been
appointed to an ongoing position at Saturday School of Community Languages.
2.2 "Assistant
Supervisor" means an employee who assists the Supervisor and who acts in
his/her capacity during the absence of the Supervisor.
2.3 "Centre"
means a location at which language teaching and learning is conducted by the
Saturday School of Community Languages.
2.4 "Conditionally
Approved Saturday School Community Language Teacher" means an employee who
is responsible as part of a team for the educational instruction of students in
a Centre of the Saturday School of Community Languages whose approval to teach
is conditional upon completion of the Saturday School Language Intensive
Methodology Course or equivalent educational requirements as determined by the
Director-General.
2.5 "Casual
Saturday School Community Language Teacher" means an employee who is not
appointed to an ongoing position at the Saturday School of Community Languages.
2.6 "Curriculum
Co-ordinator" means an employee who assists the Centre Supervisor and the
Principal, Saturday School of Community Languages in curriculum implementation;
development of curriculum resources and provision of advice on language
teaching methodology.
2.7 "Department"
means the Department of Education and Training.
2.8 "Director
of Curriculum Support" means the officer appointed by the Director-General
to be responsible for the operation of the Curriculum Directorate of the
Department.
2.9 "Director-General"
means the Director-General of Education and Training.
2.10 "Employee"
means a Saturday School Community Language Teacher, Conditionally Approved
Saturday School Community Language Teacher, Curriculum Co-ordinator, Assistant
Supervisor or Supervisor engaged at the Saturday School of Community Languages.
2.11 "Federation"
means the New South Wales Teachers Federation.
2.12 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.13 "Minister"
means the Minister for Education and Training.
2.14 "Parties"
means the Department and the Federation.
2.15 "Principal,
Saturday School of Community Languages" means the officer appointed by the
Director-General to be responsible for the operation of the Saturday School of
Community Languages.
2.16 "Saturday
School Community Language Teacher" means an employee responsible as part
of a team for the educational instruction of students in a community language.
2.17 "Saturday
School of Community Languages" means a multi-location facility established
by the Department to provide an avenue for students of a particular community
language background to pursue the study of that language which cannot otherwise
be studied in the student’s regular school.
2.18 "Supervisor"
means an employee who co-ordinates a team of assistant supervisors, curriculum
co-ordinators, teachers and clerical staff and is responsible for the
educational and administrative leadership at an operating location of the
Saturday School of Community Languages.
3. Employment
Jurisdiction
3.1 The employment
jurisdiction conferred upon the Minister by the Constitution Act 1902 is
intended by the parties to remain unaltered by anything contained in this
Award.
4. Recruitment and
Appointment
4.1 Employees
covered by this award are engaged to teach in the Department’s Saturday School
of Community Languages.
4.2 Employees shall
be appointed for specific periods as follows:
4.2.1 Supervisors,
Assistant Supervisors, Curriculum Co-ordinators are appointed for a period of
up to three school years subject to the provisions of subclause 4.3 of this
clause; and
4.2.2 Saturday School
Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers are appointed for one school year subject to the
provisions of subclause 4.3 of this clause.
4.3 Offers of
appointment and continuing employment during periods of appointment shall be
conditional on:
4.3.1 the Saturday
School of Community Languages’ ongoing need for the service provided; and
4.3.2 satisfactory
performance of duties.
4.4 For employees
who are employed in one engagement for one day per week for two terms or more,
satisfactory performance of duties shall be appraised by annual review which
may, where appropriate, and in paid time, be supported by:
(i) conferences
between the employee and principal or nominee;
(ii) observations of
educational programs;
(iii) review of
documentation such as lesson planning, lesson materials and student work, plans,
evaluations and reports.
4.5 In implementing
the annual review the following shall be taken into account:
(i) the level of
experience of the employee (so that less experienced employees are given
greater attention); and
(ii) the particular
circumstances of the centre.
4.6 The annual
review shall be supported by way of a new teacher assessment and review
schedule which will be negotiated by the parties.
4.7 Appointments
shall be made on merit and shall be subject to the qualification requirements
as specified in subclauses 4.8, 4.9 and 4.10 of this clause.
4.8 Persons
appointed as Saturday School Community Language Teachers, Conditionally
Approved Saturday School Community Language Teachers, Curriculum Co-ordinators,
Assistant Supervisors and Supervisors are required to possess appropriate
qualifications or experience as determined by the Director-General following
consultation with the Federation.
4.9 Saturday School
Community Language Teachers are required to possess either a teaching qualification
or a language teaching methodology qualification (eg the Saturday School
Language Intensive Methodology Course).
4.10 Conditionally
Approved Saturday School Community Language Teachers are required to complete
an appropriate languages methodology course as determined by the
Director-General following consultation with the Federation, during their
period of employment. Payment for participation in the course shall be in
accordance with subclause 9.4 of clause 9, Training and Development.
5. Allocation to
Centres and Classes
5.1 Allocation of
employees to Centres and classes shall be the responsibility of the Principal,
Saturday School of Community Languages.
The Principal shall consider the following matters in the allocation to
Centres and classes:
Continuity of educational programs;
Distance travelled from home to centre;
Curriculum needs of the centre.
6. Duties as Directed
6.1 The
Director-General, his/her delegate, nominee or representative may direct an employee
to carry out such duties as are within the limits of the employee’s skill,
competence and training consistent with the classifications covered by the
award and provided that such duties are not designed to promote de-skilling.
6.2 The Director-General
may direct an employee to carry out such duties and use such tools, materials
and equipment as may be required, provided that the employee has been properly
trained in the use of such tools, materials and equipment.
6.3 Any directions
issued by the Director-General pursuant to subclauses 6.1 and 6.2 of this
clause shall be consistent with the Director-General’s responsibility to
provide a safe and healthy working environment.
7. Remuneration
7.1 Rates of pay
shall be paid in accordance with Part B, Table 1. The rates of pay for
employees are as set out in Table 1 - Remuneration, of Part B, Monetary Rates.
7.2 Subject to
clause 8, Travel Expenses, the above rates of pay are fully inclusive rates
which incorporate remuneration for all terms and conditions of employment.
7.3 Supervisors,
Assistant Supervisors and Curriculum Coordinators shall be paid no less than
the Saturday sessional rates as prescribed in the said Table 1 for
administrative, supervisory and curriculum coordination work undertaken at a
Centre. Saturday sessional rates
include payment for incidental work such as securing premises and resources,
peak time administrative duties, irregular consultations with students, parents
and staff, and the parent/teacher meetings and presentation days as set down in
the Saturday School calendar.
7.4 Sessional work
on a Saturday for Supervisors, Assistant Supervisors and Curriculum
Co-ordinators shall be of four hours duration, unless otherwise determined by
the Principal, Saturday School of Community Languages in consultation with the
employee and with due notice and shall be remunerated at the sessional rates
prescribed in Table 1 of Part B, Monetary Rates.
7.5 Where a
Supervisor, Assistant Supervisor or Curriculum Coordinator is required by the
Principal, Saturday School of Community Languages to work at a Centre, hours
additional to the four sessional hours specified in subclause 7.4 of this
clause, including regular additional hours to meet the ongoing needs of
particular Centres, remuneration for these hours shall be paid at the hourly
rates prescribed in Table 1 for each additional hour that they are required to
work. Periods of less than one hour
shall be remunerated in intervals of 30 minutes or part thereof.
7.6 Saturday School
Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers shall be paid the hourly rates of pay prescribed in
Table 1. The approved paid hours for
these classifications of teachers shall be as follows:
7.6.1 Year 7 - 10
classes - 2.75 hours per week
7.6.2 Years 11 - 12
Continuers and Background Speakers course classes - 3.75 hours per week
7.6.3 Year 12 Extension
course classes - an additional one hour per week.
7.7 For a Saturday School
Community Language Teacher or Conditionally Approved Saturday School Community
Language Teacher to be entitled to payment for hours in addition to those
prescribed in subclause 7.6 of this clause, prior approval to work the
additional hours must be obtained from the Principal, Saturday School of
Community Languages. Additional hours shall be remunerated at the hourly rates
prescribed in Table 1. Periods of less than one hour shall be remunerated in
intervals of 30 minutes or part thereof.
7.8 Saturday School
Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers approved paid hours as prescribed in subclause 7.6
include 0.5 hours preparation time and 0.25 hours playground duty.
7.9 During the 0.5
hours preparation time Saturday School Community Language Teachers and
Conditionally Approved Saturday School Community Language Teachers may be
required to be present at their Centres, if considered necessary by the
Supervisor, for consultation with staff, students and/or parents.
7.10 Salary packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed for the employee's classification
by Part B, Table 1 and any allowances paid to an employee which form part of
the employee’s salary for superannuation purposes.
7.10.1 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.
7.10.2 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.
7.10.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
7.10.3.1 any
fringe benefits tax liability arising from a salary packaging arrangement; and
7.10.3.2 any
administrative fees.
7.10.4 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:
7.10.4.1 Superannuation
Guarantee Contributions;
7.10.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
7.10.4.3 payments
made in relation to accrued leave paid on termination of the employee’s
employment or on the death of the employee.
8. Travel Expenses
8.1 Where an
employee is required and authorised to travel in the performance of their
duties, reimbursement for travel expenses shall be paid in accordance with the
provisions applying to other Departmental teachers.
8.2 Employees are
not regarded as teachers timetabled to teach in more than one school when
determining reimbursement for travel expenses.
9. Training and
Development
9.1 The Department
confirms its commitment to training and development for employees and shall
provide appropriate training and development opportunities to meet this
commitment within the context of the needs and priorities of the Saturday
School of Community Languages. The
Department has an expectation that employees shall attend appropriate staff
development and curriculum co-ordination activities. The appropriateness of the activities shall be determined by the
Principal, Saturday School of Community Languages in consultation with
Supervisors.
9.2 Employees
recognise the importance of maintaining and updating their skills for the
benefit of the students of the Saturday School of Community Languages.
9.3 Approved
attendance at training and development courses and staff development and
curriculum co-ordination activities shall be remunerated as additional hours in
accordance with subclauses 7.5 or 7.7 of clause 7, Remuneration.
9.4 Conditionally
Approved Saturday School Community Language Teachers shall have the opportunity
to undertake an appropriate language methodology course as determined by the
Director-General following consultation with the Federation. Any time spent on workshop components of
such a course up to a maximum of fifty-five hours shall be paid. Time spent on
any workshop components of an appropriate language methodology course as
determined by the Director-General shall be paid at the hourly rate prescribed
for Conditionally Approved Saturday School Community Language Teachers as set
out in Table 1 - Remuneration of Part B, Monetary Rates. Such payment shall be made for each workshop
attended. Payment shall be made at the
conclusion of the course.
10. Recognition of
Service
10.1 Employees holding
a Departmental approval to teach in regular government schools in New South
Wales, not otherwise permanently employed by the Department, shall have service
at the Saturday School of Community Languages from 4 August 1995 recognised as
service with the Department, on the basis that each six approved paid hours at
the Saturday School of Community Languages, pursuant to clause 7, Remuneration
shall be equivalent to one day of service.
10.2 Employees holding
a Departmental approval to teach in regular government schools in NSW but not
otherwise permanently employed by the Department shall have service at the
Saturday School of Community Languages from 4 August 1995 recognised for the
purposes of incremental progression on permanent appointment to the Department.
11.
Anti-Discrimination
11.1 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.
11.2 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 shall 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.
11.3 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.
11.4 Nothing in this
clause is to be taken to affect:
11.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
11.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
11.4.3 any act of
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1997;
11.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
11.5 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.
12. Parental Leave
and Other Entitlements
12.1 Employees will be
entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section
54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996,
if they meet the definition of a regular casual employee (see section 53(2) of
the Industrial Relations Act 1996). The following provisions shall also
apply in addition to those set out in the Industrial Relations Act 1996
(NSW).
12.1.1 The
Director-General must not fail to re-engage an employee who meets the
definition of a regular casual employee because:
(i) the employee or
employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
The rights of the Director-General in relation to
engagement and re-engagement of employees are not affected, other than in
accordance with this clause.
12.2 Personal Carers
Entitlements
12.2.1 Employees are
entitled to not be available to attend work, or to leave work if they need to
care for a family member described in 12.4.2 below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is
subject to the evidentiary requirements set out below in 12.2.4, and the notice
requirements set out in 12.2.5.
12.2.2 The
Director-General and the employee 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 employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The employee is not entitled to any
payment for the period of non-attendance.
12.2.3 The Director-General
must not fail to re-engage an employee because the employee accessed the
entitlements provided for in this clause. The rights of the Director-General to
engage or not to engage a employee are otherwise not affected.
12.2.4 The employee shall,
if required,
(i) 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, or
(ii) establish by
production of documentation acceptable to the Director-General or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
12.2.5 The employee must,
as soon as reasonably practicable and during the ordinary hours of the first
day of such absence, inform the Director-General of their inability to attend
for duty. If it is not reasonably practicable to inform the Director-General
during the ordinary hours of the first day of such absence, the employee will
inform the Director-General within 24 hours of the absence.
12.3 Bereavement
entitlements
12.3.1 Employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a family member on production of satisfactory evidence (if
required by the Director-General).
12.3.2 The
Director-General and the employee 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 employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The employee is not entitled to any
payment for the period of non-attendance.
12.3.3 The
Director-General must not fail to re-engage a employee because the employee
accessed the entitlements provided for in this clause. The rights of the Director-General
to engage or not engage a employee are otherwise not affected.
12.3.4 The employee must,
as soon as reasonably practicable and during the ordinary hours of the first
day or shift of such absence, inform the Director-General of their inability to
attend for duty. If it is not reasonably practicable to inform the
Director-General during the ordinary hours of the first day or shift of such
absence, the employee will inform the Director-General within 24 hours of the
absence.
12.4 The entitlement
in accordance with this clause is subject to:
12.4.1 the employee being
responsible for the care and support of the person concerned; and
12.4.2 the person
concerned being:
(i) a spouse of the
employee; or
(ii) a de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(iii) 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 employee or of the spouse or of the
de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
13. Dispute
Resolution Procedures
13.1 Subject to the provisions
of the Industrial Relations Act 1996, should any dispute, question or
difficulty about an industrial matter arise then the following procedures shall
apply:
13.1.1 Should any dispute
(including a question or difficulty) arise as to matters occurring in a
particular workplace, then the employee and/or the Federation’s workplace
representative shall raise the matter with the appropriate Principal or
Supervisor as soon as practicable.
13.1.2 The Principal or
Supervisor shall discuss the matter with the employee and/or the Federation’s
workplace representative within two working days with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
13.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute or should the
matter be of a nature which involves multiple workplaces, then the employee
and/or the Federation may raise the matter with an appropriate officer of the
Department with a view to resolving the dispute, or by negotiating an agreed
method and time frame for proceeding.
13.1.4 Where the above
procedures in subparagraph 12.1.3 do not lead to a resolution of the dispute,
the matter shall be referred to the Deputy Director-General Workforce
Management and Systems Improvement of the Department and the General Secretary
of the Federation. They or their
nominees shall discuss the dispute with a view to resolving the matter or negotiating
an agreed method and time frame for proceeding.
13.2 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
14. No Further Claims
14.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further
salaries or conditions claims by the parties prior to 31 December 2008 in
relation to matters expressly contained in this award.
15. Goods and
Services Tax
The parties shall monitor the overall impact of the
Commonwealth Government’s goods and services tax through the term of the award.
In the event that the Industrial Relations Commission makes a State decision
(as defined by section 49 of the Industrial Relations Act 1996) having
regard to the impact of wages of the goods and services tax, the Federation
reserves the right to make application to the Industrial Relations Commission
in relation to that decision.
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 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 employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' 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.
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
17.1 A Casual Saturday
School Community Language Teacher engaged on a regular and systematic basis
during two consecutive terms (equivalent to 20 Saturdays) in a calendar year
shall thereafter have the right to elect to have his or her ongoing contract of
employment converted to Appointed Saturday School Community Language Teacher
status if the position is to continue beyond the conversion process prescribed
by this clause. Casual engagements which do not give a teacher the right to
elect because that would contravene paragraph 17.4 will be identified on
engagement.
17.2 The Department
shall give the Casual Saturday School Community Language Teacher notice in
writing of the provisions of this clause within four weeks of the Casual
Saturday School Community Language Teacher having attained such period of two
consecutive school terms. However, the Casual Saturday School Community
Language Teacher retains his or her right of election under this clause if the
Department fails to comply with this notice requirement.
17.3 Any Casual
Saturday School Community Language Teacher who has a right to elect under
subclause 17.1, upon receiving notice under subclause 17.2 or after the expiry
of the time for giving such notice, may give four weeks' notice in writing to
the Department that he or she seeks to elect to be converted to Appointed
Saturday School Community Language Teacher status and within four weeks of
receiving such notice from the Casual Saturday School Community Language
Teacher, the Department shall consent to or refuse the election, but shall not
unreasonably so refuse.
17.4 When deciding
whether to consent or refuse an election made in accordance with paragraph
17.3, the Department will not consent to conversion if conversion would result
in the Casual Saturday School Community Language Teacher being appointed to a
position which is already occupied by an Appointed Saturday School Community
Language Teacher who is on leave or otherwise absent.
17.5 Where the
Department refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the Casual Saturday School Community Language
Teacher concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
17.6 Any Casual
Saturday School Community Language Teacher who does not, within four weeks of
receiving written notice from the Department, elect to convert his or her
ongoing contract of employment will be deemed to have elected against any such
appointment.
17.7 If there is any
dispute about the arrangements to apply to a Casual Saturday School Community
Language Teacher electing to be appointed, it shall be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
17.8 A Casual Saturday
School Community Language Teacher must not be engaged and re-engaged, dismissed
or replaced in order to avoid any obligation under this clause.
17.9 This clause will
take effect for appointments commencing in 2007.
18. Occupational
Health and Safety
18.1 For the purposes of
this clause, the following definitions shall apply:
18.1.1 A "labour
hire business" is a businesses (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
18.1.2 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.
18.2 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):
18.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
18.2.2 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.
18.2.3 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
18.2.4 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.
18.3 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.
19. Area, Incidence
and Duration
19.1 This award covers
the following categories of staff employed at the Saturday School of Community
Languages:
Supervisors;
Assistant Supervisors;
Curriculum Co-ordinators;
Saturday School Community Language Teachers; and
Conditionally Approved Saturday School Community Language
Teachers.
19.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Saturday School of Community
Languages) Award 2006 published 16 June 2006 (359 I.G. 735), as varied.
19.3 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 5 November 2008.
19.4 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 -
Remuneration
|
|
Saturday Sessional
rate
|
Saturday Sessional
rate
|
Saturday Sessional
rate
|
|
|
from the first pay
period
|
from the first pay
period
|
from the first pay
period
|
|
Classification
|
to commence on or
after
|
to commence on or
after
|
to commence on or after
|
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Increase
|
4%
|
4%
|
4%
|
|
Supervisor
|
532.05
|
553.33
|
575.46
|
|
Assistant Supervisor
|
421.60
|
438.46
|
456.00
|
|
Curriculum
|
|
|
|
|
Co-ordinator
|
421.60
|
438.46
|
456.00
|
|
|
Hourly rate from
the
|
Hourly rate from
the
|
Hourly rate from
the
|
|
Classification
|
first pay period to
|
first pay period to
|
first pay period to
|
|
|
commence on or
after
|
commence on or
after
|
commence on or
after
|
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Increase
|
4%
|
4%
|
4%
|
|
Supervisor
|
88.68
|
92.22
|
95.91
|
|
Assistant Supervisor
|
70.27
|
73.08
|
76.00
|
|
Curriculum
|
|
|
|
|
Co-ordinator
|
70.27
|
73.08
|
76.00
|
|
Teacher
|
57.73
|
60.04
|
62.44
|
|
Conditionally
|
|
|
|
|
Approved Teacher
|
53.71
|
55.86
|
58.09
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.