Crown
Employees (Education Employees Department of Corrective Services) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 1533 and 2344 of
2008)
Before The Honourable
Justice Walton, Vice-President
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2 June 2009
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Definitions
3. Conditions
Fixed by other Instruments of Employment
4. Qualifications
5. Salaries
6. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
7. Incremental
Progression and Calculation of Service
8. Working
Hours
9. Shift Work
10. Recreation
Leave
11. Non
Attendance Time
12. Duties of
Correctional Education Officers
13. Duties of
Teachers
14. Leave
Entitlements
15. Part-time
Work
16. Qualifications
Upgrade
17. Recruitment
- Exceptional Circumstances
18. Professional
Development
19. Education
Quality
20. Consultation
21. Anti-Discrimination
22. Harassment
Free Workplace
23. Deduction
of Federation Membership Fees
24. Dispute
Resolution Procedures
25. Duties as
Directed
26. No Further
Claims
27. Secure
Employment Test Case - OHS Obligations
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. Definitions
2.1 "Act"
means the Public Sector Employment and Management Act 2002, or any replacement
Act.
2.2 "AEVTI"
means the Adult Education and Vocational Training Institute, which is the
registered provider of adult education and vocational training for inmates
within the Department.
2.3 "Commissioner"
means the Chief Executive Officer of the Department as listed in Column 2 of
Schedule 1 of the Act.
2.4 "Correctional
Centre" means a centre administered by the Department to accommodate
persons committed by a court of law.
2.5 "Correctional
Education Officer" means an employee appointed as such and who is
qualified as provided in sub clause 4.3 of this Award and who is required to
undertake the duties specified in clause 12 of this Award.
2.6 "Conditions
Award" means the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006 as varied from time to time, or any replacement Award.
2.7 "Day
Worker" means an employee, other than a shift worker, whose ordinary hours
of work are from Monday to Friday with hours as specified for the particular
classification.
2.8 "Department"
means the Department of Corrective Services, as specified in Column 1 of
Schedule 1 of the Act.
2.9 "Employee"
means a member of staff as defined under section 3 of the Act.
2.10 "Federation"
means the New South Wales Teachers Federation.
2.11 "DPE"
means the Director of Public Employment constituted under Chapter 6 of the Act.
2.12 "Personnel
Handbook" means the NSW Public Service Personnel Handbook, published by
the Department of Premier and Cabinet, or any replacement publication.
2.13 "Regulation"
means the Public Sector Employment and Management (General) Regulation 1996 or
any replacement Regulation.
2.14 "Senior
Correctional Education Officer" means an employee appointed as such and
who is qualified as provided in sub clause 4.4 of this Award.
2.15 "Shift
Worker" shall mean a Shift Worker - Non-continuous Shifts as defined in
clause 3 of the Conditions Award, that is, an employee who is not a Day Worker
or a Shift Worker - Continuous Shifts as defined in clause 3 of the Conditions
Award.
2.16 "Teacher"
means an employee appointed as such and who is qualified as provided in sub
clause 4.2 of this Award and who is required to undertake duties as specified
in clause 13 of this Award. A permanent part-time Teacher means a Teacher who
is appointed under the Act for set and regular hours that are less than the
full contract hours of this Award.
2.17 "Through
care" means the philosophy and practice of the Department by which inmates
are managed from the start of their sentence with a view to maximizing
reintegration into the community and achieving a reduction in recidivism.
3. Conditions Fixed
By Other Instruments of Employment
3.1 The following
Awards as varied from time to time, or any replacement Awards, in so far as
they fix conditions of employment applying to employees covered by this Award,
which are not fixed by this Award, shall continue to apply.
3.1.1 Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006
3.1.2 Crown Employees
(Transferred Employees Compensation) Award.
3.2 The following
Agreement made pursuant to section 131 of the Act, which details conditions of employment
not fixed by this Award, shall continue to apply:
3.2.1 Crown Employees
(Transferred Officers' Excess Rent Assistance) Agreement No. 2354 of 1981.
3.3 The provisions
of the Department’s Flexible Working Hours Agreement dated 3 November 1998, or
any replacement Agreement, shall apply except where modified by this Award.
3.4 Except as
expressly modified by this Award, and except where conditions are determined by
the Awards and Agreement referred to in sub clauses 3.1, 3.2 and 3.3 of this clause,
the conditions of service of employees shall be determined by the provisions of
the Act, the Regulation and the Personnel Handbook.
4. Qualifications
4.1 The following
qualifications shall apply except where specific exception is approved by the
Commissioner and where detailed in clause 16 Qualifications Upgrade or clause
17 Recruitment - Exceptional Circumstances of this Award.
4.2 Teachers - shall
hold a:
4.2.1 Bachelors degree
in Education from a recognised university, incorporating subjects studied which
qualifies the employee to teach in the learning area required by AEVTI; or
4.2.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification
(degree, diploma or certificate) from a recognised university (or other
recognised tertiary education institution) in a discipline other than
education, incorporating subjects studied which qualifies the employee to teach
in the learning area required by AEVTI;
together with relevant related employment experience,
as approved by the Principal AEVTI.
4.3 Correctional
Education Officers - shall hold a:
4.3.1 Bachelors degree
in Education from a recognised university, incorporating subjects studied which
qualifies the employee to teach in the learning area required by AEVTI; or
4.3.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification (degree, diploma or
certificate) from a recognised university (or other recognised tertiary
education institution) in a discipline other than education, incorporating
subjects studied which qualifies the employee to teach in the learning area
required by AEVTI;
together with relevant related employment experience,
as approved by the Principal AEVTI.
4.4 Senior
Correctional Education Officers - shall hold a:
4.4.1 Bachelors degree
in Education from a recognised university; or
4.4.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification (degree, diploma or
certificate) from a recognised university (or other recognised tertiary
education institution) in a discipline other than education;
together with experience in adult education, as
approved by the Principal AEVTI.
5. Salaries
5.1 Salaries for Senior
Correctional Education Officers, Correctional Education Officers and Teachers
are set out at Part B Monetary Rates Table 1 of this Award .
5.2 These rates
continue to be inclusive of the previously paid environmental allowance.
5.3 Commencing salaries
for all employees to a position under this Award shall be consistent with the
provisions of Chapter 2, section 16.8 Commencing rates of pay of the Personnel
Handbook.
6. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
6.1 The entitlement
to salary package in accordance with this clause is available to:
6.1.1 permanent
full-time and part-time employees;
6.1.2 temporary
employees, subject to the Department’s convenience; and
6.1.3 casual employees,
subject to the Department’s convenience, and limited to salary sacrifice to
superannuation in accordance with sub clause 6.7.
6.2 For the purposes
of this clause:
6.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 5. Salaries and Part B - Monetary Rates Table 1 of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
6.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
6.3 By mutual
agreement with the DPE, an employee may elect to package a part or all of their
post compulsory deduction salary in order to obtain:
6.3.1 a benefit or
benefits selected from those approved by the DPE; and
6.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
DPE for the benefit provided to or in respect of the employee in accordance
with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
shall be known as a Salary Packaging Agreement.
6.6 Except in
accordance with sub clause 6.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the DPE at the time of signing the Salary Packaging Agreement.
6.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
6.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
6.7.2 where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
6.7.3 subject to the
Department’s agreement, paid into another complying superannuation fund.
6.8 Where the
employee makes an election to salary sacrifice, the Department shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
6.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
6.9.1 Police Regulation
(Superannuation) Act 1906;
6.9.2 Superannuation
Act 1916;
6.9.3 State Authorities
Superannuation Act 1987; or
6.9.4 State Authorities
Non-contributory Superannuation Act 1987,
the Department must ensure that the employee’s
superable salary for the purposes of the above Acts, as notified to the SAS
Trustee Corporation, is calculated as if the Salary Packaging Agreement had not
been entered into.
6.10 Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in sub clause 6.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the Department may be in excess of
superannuation guarantee requirements after the salary packaging is implemented.
6.11 Where the
employee makes an election to salary package:
6.11.1 subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
6.11.2 any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 5, Salaries and or Part B
- Monetary Rates, Table 1 of this Award if the Salary Packaging Agreement had
not been entered into.
6.12. The DPE may vary
the range and type of benefits available from time to time following discussion
with the Federation. Such variations shall apply to any existing or future
Salary Packaging Agreement from date of such variation.
6.13. The DPE will
determine from time to time the value of the benefits provided following
discussion with the Federation. Such variations shall apply to any existing or
future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect
to terminate the Salary Packaging Agreement.
7. Incremental
Progression and Calculation of Service
7.1 Incremental
progression and calculation of service shall be determined in accordance with
Chapter 5, Managing the Workplace, of the Personnel Handbook, except where
varied by clause 16 Qualifications Upgrade and/or clause 17 Recruitment -
Exceptional Circumstances of this Award.
8. Working Hours
8.1 Ordinary hours
of work shall be 35 hours per week, Monday to Friday.
8.2 An employee
shall not be directed to work longer than five continuous hours without a meal
break.
8.3 Senior
Correctional Education Officers and Correctional Education Officers
8.3.1 The provisions of
the Department’s Flexible Working Hours Agreement dated 3 November 1998, or any
replacement Agreement, shall apply to Senior Correctional Education Officers
and Correctional Education Officers, including access to two days flexleave per
flex period and five days banked hours.
8.3.2 The bandwidth
shall be 7.30am - 9.00pm.
8.3.3 The core time
shall be 10.00am - 3.00pm.
8.3.4 Flexible working
hours including the taking of flexleave and banked hours shall remain at
Departmental discretion, to be negotiated at the local level provided that the
delivery of teaching programs is maintained.
8.4 Teachers
8.4.1 The standard
attendance hours of full time Teachers shall be 35 hours per week, Monday to
Friday inclusive, in recognition of the particular environment in the
Department.
8.4.2 The daily span of
working hours in correctional centres for Teachers shall be between 7.30am and
5.30pm on Monday to Friday, inclusive. Direct teaching activities and duties
related to teaching worked by Teachers should, unless otherwise unavoidable or
by agreement between a Teacher and the supervising Senior Correctional
Education Officer, be continuous.
8.4.3 Teachers
classified as Day Workers, who are directed to perform direct teaching
activities between:
(i) 5.30pm and
9.00pm Monday to Friday and who are required to teach two separate sessions
during these hours or one session which commences later than 5.30pm; or
(ii) 7.30am and
9.00pm Saturday and who are required to teach two separate sessions during
these hours;
shall be paid at the rate of time and one quarter or
may elect to take time in lieu which shall be calculated at the same rate as
would have applied to the payment of teaching activities performed in terms of
this clause.
8.4.4 Teachers shall
not be entitled to flextime arrangements and shall be required to attend for
rostered direct teaching activities as required by the Senior Correctional
Education Officer.
8.4.5 The hours of
attendance for duties related to teaching may be arranged by Teachers in
consultation with the Senior Correctional Education Officer provided the
requirements of the Department are met at all times. This will facilitate
flexible start and finish times for Teachers.
9. Shift Work
9.1 Senior
Correctional Education Officers, Correctional Education Officers and Teachers,
who because of operational requirements are classified as Shift Workers shall
be paid a shift allowance of 15 per cent where rostered to work Monday to
Friday outside the ordinary working hours of a Day Worker.
9.2 Shift workers who
are regularly required to perform rostered duty on Saturdays, Sundays and
public holidays shall receive the following compensation and be subject to the
following conditions:
9.2.1 For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
9.2.2 For ordinary
rostered time worked on a Sunday - additional payment at the rate of
three-quarter time extra.
9.2.3 When rostered off
on a public holiday - an additional day's pay.
9.2.4 For ordinary
rostered time worked on a public holiday - additional payment at the rate of
time and a half extra.
9.2.5 Recreation leave
at the rate of four weeks a year, that is, 20 working days plus eight rest
days.
9.2.6 Additional leave
on the following basis:
Number of ordinary shifts worked on Sundays and/or
Public Holidays during a qualifying period of 12 months from 1 December one
year to 30 November the next year.
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Additional Leave
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|
|
4 -10
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1 additional day's leave
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11 -17
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2 additional days' leave
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18 - 24
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3 additional days' leave
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25 - 31
|
4 additional days' leave
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32 or more
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5 additional days' leave
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10. Recreation Leave
10.1 Recreation leave
for Day Workers shall be granted and administered as follows:
10.1.1 in accordance with
the provisions of the Regulation, the Conditions Award and the Personnel
Handbook.
10.1.2 At least two
consecutive weeks of recreation leave shall be taken by employees every twelve
months as described in the Conditions Award.
11. Non Attendance
Time
11.1 Correctional
Education Officers
11.1.1 In return for
undertaking a maximum of 400 hours per annum of direct teaching activities, as
provided at sub clause 12.4, all Correctional Education Officers shall receive
10 working days non attendance time.
11.2 Teachers
11.2.1 In return for the
hours as described in clause 13 of this Award, Teachers shall be entitled to 7
weeks of agreed non attendance time if employed for a full calendar year.
11.2.2 Where a Teacher
commences or ceases employment part way through a calendar year, the
entitlement to non attendance time shall be calculated on a pro rata basis.
11.2.3 The pro rata
calculation mentioned in sub clause 11.2.2 shall be as negotiated and agreed
between the Department and Federation.
11.2.4 Where public
holidays fall during a period of non attendance time, those days shall be
counted as non attendance time.
11.3 For Correctional
Education Officers and Teachers, non attendance time shall be taken at the
Department’s convenience.
11.4 For Correctional
Education Officers and Teachers, non attendance time shall be non accumulative.
11.5 For Correctional
Education Officers and Teachers, may be required to attend some staff
development activities during Non Attendance Time.
11.6 An annual
calendar detailing the dates for non attendance time to be taken shall be
developed by the Senior Correctional Education Officer in consultation with
senior management of the Correctional Centre and education employees, for
approval by the Principal AEVTI.
12. Duties of
Correctional Education Officers
12.1 Subject to sub
clauses 12.2 and 12.3 of this Award and following consultation with the
supervising Senior Correctional Education Officer, Correctional Education
Officers shall be required to undertake:
12.1.1 Direct teaching
activities for up to 10 hours per week; and
12.1.2 Duties related to
teaching and through care initiatives as specified at sub clause 12.4, will be
undertaken for the balance of hours consistent with the provisions of the
Department’s Flexible Working Hours Agreement, or any replacement Agreement,
with the ordinary hours of duty for the week being 35 hours.
12.2 To accommodate
the educational delivery needs of a correctional centre, the direct teaching
activities may be varied by plus or minus 5 hours in any one week.
12.3 There may be a
need from time to time for a Correctional Education Officer not to undertake
any direct teaching activities for a specified period of time (as determined by
the Department) in order to meet the needs of the correctional centre. In these circumstances:
12.3.1 Duties related to
teaching/through care initiatives as provided by sub clause 12.4 shall be
substituted for direct teaching activities; and
12.3.2 Non attendance
time as provided for in clause 11 of this Award, shall continue to apply as if
direct teaching activities were being undertaken.
12.4 Direct teaching
activities and duties related to teaching/through care initiatives to be
undertaken by Correctional Education Officers shall be as specified in the
following table:
Direct Teaching Activities Correctional Education Officer
|
Duties Related to Teaching/Through Care Initiatives
|
Face-to-face teaching in any environment or setting, including
but not limited to:
|
Duties related to teaching, including but not limited to:
|
- classrooms
|
-preparation, for example, of course outlines and
|
- workshops
|
lesson plans
|
- industry
|
-marking
|
- in the field
|
-support and advice to inmates
-motivational interactions with inmates
|
|
-enrolment and associated administration including
maintenance of education and case management files, preparation of case
reports and running sheets
|
Application of assessment and diagnostic instruments for
inmates.
|
-attendance at staff meetings
|
|
-attendance at case management meetings
|
Vocational assessment and counselling.
|
-attendance at moderation meetings
|
|
-participation in case planning and case management
activities
|
Tutorial support for distance education enrolments and
individual learners with difficulties.
|
-leading approved staff development activities
-engaging in approved staff development activities
research
|
Workplace training & assessment including Core Skills
Assessment
|
-recognition of prior learning processes
|
|
-selection and purchase of resources
|
|
-maintenance of inmate libraries in liaison with the Manager
Library Services
|
|
-course, curriculum and materials development and review
|
|
-course co-ordination as specified in curriculum documents
-end of course evaluation
-entering student data on DCS systems
|
|
|
|
Duties related to facilitation of Departmental through
care initiatives linking internal and external stakeholders, including but
not limited to:
|
|
-industry and community liaison and promotion
|
|
-co-ordination of traineeships and workplace
|
|
training programs
|
|
-workplace consultancy and advisory services
|
|
-work placement co-ordination, supervision and pre and
post release planning
|
|
-inmate selection for education & vocational training
programs & other program readiness
|
|
-development of education case plan (includes Departmental
Education Profile Interviews)
|
|
-review of education plans
|
12.5 The specific
range of duties as described in the table at sub clause 12.4 of this Award to be
undertaken by a Correctional Education Officer must meet the needs of the
particular correctional centre. Duties required of a Correctional Education
Officer shall be planned following consultation between the Correctional
Education Officer and the supervising Senior Correctional Education Officer.
13. Duties of
Teachers
13.1 Teachers shall be
required to undertake direct teaching activities for 20 hours per week and
duties related to teaching for 15 hours per week as provided by sub clause 13.2
of this Award.
13.2 Direct teaching
activities and duties related to teaching for Teachers shall be as specified in
the following table:
Direct Teaching Activities Teacher
|
Duties Related to Teaching
|
Face-to-face teaching in any environment or setting,
including but not limited to:
|
Duties related to teaching, including but not limited to:
|
-classrooms
|
-preparation, for example, of course outlines and lesson
plans
|
-workshops
|
-marking
|
-industry
|
-support and advice to inmates
-motivational interactions with inmates
|
-in the field
|
-enrolment and associated administration including
maintenance of education and case management files, preparation of case
reports and running sheets
|
|
-attendance at staff meetings
|
Application of assessment and diagnostic instruments for
inmates.
|
-attendance at case management team meetings
|
|
-attendance at moderation meetings
|
Vocational assessment and counselling.
|
-participation in case planning and case management
activities
|
|
-course, curriculum and materials development and review
|
Tutorial support for distance education enrolments and
individual learners with difficulties.
|
-development of learning materials
|
|
-research
|
Workplace training & assessment including Core Skills
Assessment.
|
-recognition of prior learning processes
|
|
-engaging in approved staff development activities
|
|
-leading approved staff development activities
|
|
-inmate selection for education & vocational training
programs & other program readiness
|
|
-development of education case plan (includes Departmental
Education Profile Interviews)
|
|
-review of education plans
-end of course evaluation
-entering student data on DCS systems
|
13.3 The parties agree
that the duties undertaken by Teachers shall support the work of Correctional
Education Officers in relation to through care outcomes.
13.4 The specific range
of duties as described in the table at sub clause 13.2 of this Award to be
undertaken by a Teacher must meet the needs of the particular correctional
centre. Duties required of a Teacher shall be planned following consultation
between the Teacher and the supervising Senior Correctional Education Officer.
13.5 From time to time
a Teacher’s Direct Teaching Activities i.e. teaching hours, may be lost due to
restricted correctional centre routines and other centre activities. In order
to maintain a reasonable level of teaching hours:
13.5.1 There may be
occasions where teaching hours previously lost may be made up during the
following six week period, and
13.5.2 A Teacher may be
required by the supervising Senior Correctional Education Officer to make up a
maximum of 5 hours over a period of one week such that the number of teaching
hours taught by that Teacher shall not exceed 6 hours in any one day and 25
hours in any one week.
13.5.3 These hours may
only be made up on the days a Teacher is usually engaged to work and shall
replace the hours usually spent on Duties Related to Teaching.
14. Leave
Entitlements
14.1 Sick leave,
maternity leave, parental leave, adoption leave, family and community service leave,
and all other leave except for extended leave shall be granted and administered
to employees in accordance with the provisions of the Act, the Regulation, the
Conditions Award and the Personnel Handbook.
14.2 Extended leave
entitlements shall be granted and administered to employees in accordance with
Schedule 3 of the Act and the Personnel Handbook.
15. Part-Time Work
15.1 The Department is
committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources and be
of benefit to employees.
15.2 Part-time
arrangements must be acceptable to both the Department and the employee and
shall be in accordance with the provisions of the Industrial Relations Act 1996
and the Flexible Work Practices Policy and Guidelines issued by the Public
Employment Office in October 1995, or any replacement Policy and/or Guidelines,
including the requirement that entitlements are generally on a pro-rata basis.
16. Qualifications
Upgrade
16.1 Sub clauses 16.2
- 16.6 apply only to those persons:
16.1.1 Who commenced
employment as Teachers during the nominal term of the Crown Employees
(Education Employees, Department of Corrective Services) Consent Award 2002
published 4 April 2003 (339 IG 1); and
16.1.2 Who have already
been offered the opportunity to gain qualifications whilst on probation as part
of the process associated with the conversion of Contract Teachers to permanent
full-time and part-time Teachers.
16.2 Teachers who have
not commenced or completed the agreed course of study shall not have their
appointment confirmed.
16.3 Teachers who have
not commenced or completed their agreed course of study within the agreed and
acceptable timeframe shall have their circumstances reviewed by the Principal
AEVTI and a representative of Federation. Where:
16.3.1 Special
circumstances exist, an extension of time shall be granted to commence or
complete the course of study and the probationary period is extended for 12
months (the probationary period may be
extended for up to 2 years with extensions beyond 2 years at the discretion of
the Commissioner);
16.3.2 No special
circumstances exist, the Teacher’s appointment shall be annulled.
16.4 Once the required
qualifications are gained the Teacher’s salary entitlements shall be adjusted
to the appropriate step commensurate to the qualifications gained including
years of relevant experience and adjusted at the date at which those
qualifications were attained.
16.5 The Teacher shall
remain on step one and shall not progress until evidence that the qualification
has been completed is provided to the Department.
16.6 The Department
shall continue to contribute an amount to be determined towards the cost of
gaining the qualification. Eligibility is limited to those employees whom the
Department has already agreed to reimburse the cost of gaining such
qualifications.
17. Recruitment -
Exceptional Circumstances
17.1 In exceptional
circumstances only, applicants for newly advertised Teacher positions who do
not possess the required teaching qualifications shall not be excluded from the
selection process (subject to sub clause 17.2 being met), and may be appointed
on probation subject to the provisions of clause 16 Qualifications Upgrade, sub
clauses 16.2 - 16.5 of this Award. The
applicant must hold qualifications in the core subject area of the advertised
Teacher position.
17.2 Exceptional
circumstances shall be advertised as such and shall be limited to positions in
rural locations that have been previously widely advertised with a resultant
field of applicants who meet all selection criteria except for teaching
qualifications. This may include applicants who have already commenced a course
of study or have extensive employment related experience.
17.3 The decision as
to whether an exceptional circumstance exists rests with the Commissioner (or
delegated officer) following consultation with the Principal AEVTI.
17.4 The provisions of
sub clause 16.6 of this Award do not apply to employees selected as a result of
exceptional circumstances.
18. Professional
Development
18.1 The Department is
committed to the development of highly skilled, motivated and professional
employees.
18.2 Access to
professional development opportunities shall be based on the:
18.2.1 Department’s
needs; and
18.2.2 Needs of
individual employees as determined in consultation with their supervisors both
at the local level and with the Principal of AEVTI.
18.3 Subject to sub
clause 18.2 of this Award, the professional development of Senior Correctional
Education Officers, Correctional Education Officers and Teachers shall be
provided by:
18.3.1 Access to relevant
courses provided by the Corrective Services Academy; and
18.3.2 Provision for study
assistance as described in the Personnel Handbook; and
18.3.3 Access to
retraining across disciplines in accordance with the needs of the Department to
facilitate multi-skilling and career path development.
18.4 Senior
Correctional Education Officers, Correctional Education Officers and Teachers
are encouraged to share their professional development experiences with other
Senior Correctional Education Officers, Correctional Education Officers and
Teachers.
19. Education Quality
19.1 In line with the
Department’s commitment to reducing re-offending, AEVTI is committed to
providing adult education and vocational training programs to inmates and to
identified disadvantaged groups within the inmate population.
19.2 AEVTI is
committed to maintaining its status as a Registered Training Organisation by
complying with appropriate Vocational Education Training Accreditation Board
requirements including Australian Quality Training Framework Standards.
19.3 The provision of
educational programs shall be in the form of nationally accredited curricula
and delivery and assessment equivalent to that available in the community.
Standards of delivery and assessment will be maintained by the employment of
professional educators .
19.4 Education
programs aim to contribute to the good order of correctional centres and to the
overall well being of inmates.
19.5 Education
programs aim to assist inmates to develop knowledge, skills and aptitudes to
improve their prospects for post release reintegration into the wider
community.
19.6 These programs
will include classroom subjects, vocational education, creative and cultural
activities, social education and library facilities.
20. Consultation
20.1 The parties agree
to consult on any matter relating to the introduction of major, system wide,
educational initiatives by the Department.
20.2 A consultative
committee shall be established for this purpose.
21.
Anti-Discrimination
21.1 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.
21.2 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.
21.3 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.
21.4 Nothing in this
clause is to be taken to affect:
21.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
21.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
21.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
21.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
21.5 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.
21.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
21.5.2 Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
22. Harassment Free
Workplace
22.1 The Department is
committed to ensuring that employees work in an environment free of harassment.
Harassment is any repeated uninvited or unwelcome behaviour directed at another
person. The effect of harassment is to offend, annoy or intimidate another
person and to make the workplace uncomfortable and unpleasant. Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
22.2 Harassment on any
grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age shall not be condoned by the Department
or the Federation.
22.3 Senior
Correctional Education Officers shall exercise their best endeavours to prevent
all forms of harassment by setting personal examples, by ensuring proper
standards of conduct are maintained in the workplace and by taking immediate
and appropriate measures to stop any form of harassment of which they may be
aware.
22.4 All employees are
required to refrain from perpetuating, or being party to, any form of
harassment.
22.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation.
23. Deduction of
Federation Membership Fees
23.1 The Federation
shall provide the Department with a schedule setting out Federation’s
fortnightly membership fees payable by members of the Federation in accordance
with Federation’s rules.
23.2 The Federation
shall advise the Department of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of Federation fortnightly membership fees
payable shall be provided to the Department at least four weeks in advance of
the variation taking effect.
23.3 Subject to sub
clauses 23.1 and 23.2 above, the Department shall deduct Federation’s
fortnightly membership fees from the pay of any employee who is a member of
Federation in accordance with the Federation’s rules, provided that the
employee has authorised the Department to make such deductions.
23.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the Federation
together with all necessary information to enable the Federation to reconcile
and credit subscriptions to employees’ membership accounts.
23.5 Unless other
arrangements are agreed to by the Department and Federation, all membership
fees shall be deducted on a fortnightly basis.
23.6 Where an employee
has already authorised the deduction of membership fees from his/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.
24. Dispute
Resolution Procedures
24.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute (including
a question or difficulty) about an industrial matter arise, then the following
procedures shall apply:
24.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the employee and/or Federation workplace representative shall
raise the dispute, question or difficulty with the supervisor as soon as
practicable.
24.1.2 The supervisor
shall discuss the matter with the employee and/or Federation representative
within two working days with a view to resolving the dispute, question or difficulty
or by negotiating an agreed method and time frame for proceeding.
24.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple workplaces,
then the individual employee or the Federation may raise the matter with an
appropriate officer of the Department with a view to resolving the dispute,
question or difficulty or negotiating an agreed method and time frame for
proceeding.
24.1.4 Where the
procedures in sub clause 24.1.3 do not lead to resolution of the dispute,
question or difficulty, the matter shall be referred to the Commissioner and
the General Secretary of the Federation. They or their nominees shall discuss
the dispute, question or difficulty with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
24.1.5 Should the above
procedure not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
24.1.6 While the dispute
resolution procedure is being followed, the status quo shall remain unless an
occupational health and safety issue precludes such work. The status quo is the
situation which prevailed before the cause of the dispute.
25. Duties as
Directed
25.1 The Department
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 classification
structure of this Award and provided that such duties are not designed to
promote deskilling.
25.2 The Department
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
26. No Further Claims
26.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further claims
by the parties to this Award for changes to salaries, rates of pay, allowances,
or conditions of employment in relation to matters expressly contained in this
award.
27. Secure Employment
Test Case - OHS 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.
28. Area, Incidence
and Duration
28.1 This Award shall
apply to all employees as defined in clause 2, Definitions of this Award.
28.2 This Award
rescinds and replaces the Crown Employees (Education Employees Department of
Corrective Services) Consent Award 2006, published 28 July 2006 (360 I.G. 371)
as varied.
28.3 The Award takes
effect from 1 January 2009 and expires on 31 December 2011.
pART B
MONETARY RATES
Table 1 - Salaries
|
4.4% from first pay
|
3.8% from first pay
|
3.8% from first pay
|
|
period commencing
|
period commencing
|
period commencing
|
|
on or after 1/1/09
|
on or after 1/1/10
|
on or after 1/1/11
|
|
$
|
$
|
$
|
|
|
|
|
Teacher and Correctional
|
|
|
|
Education Officer
|
|
|
|
Step 1
|
66,827
|
69,366
|
72,002
|
Step 2
|
68,712
|
71,323
|
74,033
|
Step 3
|
71,395
|
74,108
|
76,924
|
Step 4
|
74,915
|
77,762
|
80,717
|
SCEO
|
|
|
|
Step 1
|
85,115
|
88,349
|
91,706
|
Step 2
|
87,745
|
91,079
|
94,540
|
M.
J. WALTON J , Vice-President
____________________
Printed by
the authority of the Industrial Registrar.