Crown
Employees (National Art School, Academic Staff) Salaries and Conditions Award
2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 2339 of 2008)
|
Before The Honourable
Justice Walton, Vice-President
|
12 August 2009
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Dictionary
3. Quality Improvement
Program
4. Research
(Studio Practice) and Development
5. Qualifications
for Appointment
6. Filling of
Positions
7. Calculation
of Service
8. Salaries
9. Salary
Progression
10. Allowances
11. Hours of
Work and Attendance
12. Lecturing
Contact Hours
13. Casual
Lecturers
14. Part-time
Work for Academic Staff
15. Leave
16. Dispute
Resolution Procedures
17. No Further
Claims
18. Anti-Discrimination
19. Deduction
of Federation Membership Fees
20. Leave
Reserved
21. Secure Employment
Test Case - OHS Obligations
22. Further
Employee Related Reform Measures and Cost Savings
23. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. Dictionary
2.1 "Academic
Staff" means lecturers, senior lecturers and heads of studies employed at
the School.
2.2 "Casual
Lecturer" means a lecturer engaged on an hourly basis by the School.
2.3 "Department"
means the Department of Education and Training.
2.4 "Director"
means the Director of the National Art School.
2.5 "Director-General"
means the Director-General of the Department of Education and Training.
2.6 "Employee"
means a person employed in a classification covered by this award.
2.7 "Employer
for Industrial Purposes" means the Director of Public Employment.
2.8 "Employer
for all purposes other than Industrial" means the Director-General of the
Department of Education and Training.
2.9 "Federation"
means the New South Wales Teachers Federation.
2.10 "Head of Public
Programs" means a person employed as provided by clause 6, Filling of
Positions, at the level of senior lecturer to carry out co-ordination duties in
relation to the development, implementation and evaluation of public programs
and who may be required by the Director to undertake some lecturing duties in
the School.
2.11 "Head of
Studies" means a person engaged as such as provided for by clause 6,
Filling of Positions, to oversight the academic programs of the School.
2.12 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.13 "Lecturer"
means a person engaged as such and employed as provided for by clause 6,
Filling of Positions, to carry out lecturing duties at the School.
2.14 "Lecturing
Duties" means those duties contained in subclause 11.3 of clause 11, Hours
of Work and Attendance, and includes lecturing in an individual Learning Centre
and Study Centre.
2.15 "Parties"
means the NSW Department of Education and Training and the Federation.
2.16 "School"
means the National Art School which is part of the Department of Education and
Training.
2.17 "School
Year" means a period of 50 weeks, excluding the two week close down period
surrounding Christmas/New Year, during which educational programs may be
conducted.
2.18 "Senior
Lecturer" means a person engaged as such and employed as provided for by
clause 6, Filling of Positions, to provide artistic and administrative
leadership to a Printmaking, Photography, Sculpture, Ceramics, Drawing, Art
History and Theory Department of the School or other departments as may be
created.
3. Quality
Improvement Program
3.1 The parties are
committed to encouraging academic staff at all levels to take responsibility for
the continuous improvement of all processes, products and services of the
School.
3.2 The parties will
actively participate in the development and implementation of an agreed quality
improvement program in the School and will contribute to the program’s success.
4. Research (Studio
Practice) and Development
4.1 The parties
confirm a commitment to research and development for all academic staff. Staff recognise their obligation to maintain
and update their skills. The School recognises its obligations to provide staff
with opportunities to maintain and update their skills.
4.2 The School will
facilitate the artistic development, skills enhancement and career development
opportunities of staff and improve effectiveness through a range of activities,
including:
4.2.1 work-based
learning;
4.2.2 secondment;
4.2.3 project team
participation;
4.2.4 job design and
redesign;
4.2.5 research and
exhibition opportunities; and
4.2.6 provision of training
relevant to the needs of the individual and the requirements of the School.
5. Qualifications for
Appointment
5.1 Except where the
Director determines that special circumstances exist in relation to a
particular person which warrants that person’s appointment with a lesser
qualification, the minimum qualifications for appointment to positions are as
follows:
5.1.1 Lecturer, senior
lecturer and head of studies - Demonstrated significant standing as an artist
and a current exhibition record and a distinguished record of artistic practice
in the appropriate area.
5.1.2 For employment
within the Art History and Theory Department - demonstrated significant
standing as an art historian/theoretician and appropriate qualifications.
6. Filling of Positions
6.1 Employees
covered by this award shall be employed pursuant to the provisions of the Public
Sector Employment and Management Act 2002.
7. Calculation of
Service
7.1 In calculating the
years of service for the purpose of this award, the following periods shall not
be taken into account:
7.1.1 Any leave of
absence without pay exceeding five days in any year of service excepting those
forms of leave which count for service for extended leave purposes.
7.1.2 Any unauthorised
absences.
8. Salaries
8.1 Salaries and
rates of pay shall be paid in accordance with this clause and Part B, Tables 1
and 2. The annual remuneration of classifications covered by this award shall
be as set out in Table 1 - Salaries, and Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates.
8.2 The provisions
of subclause 9.1 shall apply to the classifications set out in Table 1-
Salaries of Part B, Monetary Rates, and to any such classification which, due
to restructuring, has a title/name change during the life of this award.
8.3 The annual
remuneration of salaries covered by this award shall be inclusive of all
incidents of employment, except for the specific allowances as set out in this
award
8.4 Salary packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed for the employee's classification
by [insert relevant award reference] and any allowances paid to an employee
which form part of the employee’s salary for superannuation purposes.
8.4.1 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.
8.4.2 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.
8.4.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
8.4.3.1 any fringe
benefits tax liability arising from a salary packaging arrangement; and
8.4.3.2 any
administrative fees.
8.4.4 Where an 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:
8.4.4.1 Superannuation
Guarantee Contributions;
8.4.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
8.4.4.3 payments
made in relation to accrued leave paid on termination of the employee’s employment
or on the death of the employee.
9. Salary Progression
9.1 A lecturer and
senior lecturer shall progress after each 12 months of service along the salary
steps of their classification set out in Table 1 - Salaries, of Part B,
Monetary Rates, subject to the lecturer and senior lecturer demonstrating
continuing satisfactory performance and professional growth as determined by
the Director.
10. Allowances
10.1 Co-ordination
Allowance - Where a lecturer is required to undertake the co-ordination of
programs, courses or subjects in addition to their normal program, across
Departments of the School for a specified period of time, as determined by the
Director, they will be paid on an annual or pro-rata basis, the co-ordination
allowance as set out in Table 2, Other Rates and Allowances of Part B, Monetary
Rates.
10.2 The co-ordination
allowance is to be paid only whilst the lecturer is undertaking co-ordination
duties. In addition, and for the period during which co-ordination duties are
undertaken, the lecturer will be provided with a reduction in lecturing hours
and/or other duties in lieu of undertaking co-ordination duties.
11. Hours of Work and
Attendance
11.1 Attendance -
Full-time and part-time staff are required to be in attendance at such times
and on such days, for up to 41 weeks of the school year as is deemed necessary
by the Director to maintain the efficient working of the School. In periods of
non-attendance (excluding periods of annual leave), staff are expected to
maintain their professional practice.
11.2 A flexible and
adaptive approach in relation to attendance hours and working arrangements for
the School will be implemented as follows:
11.2.1 The ordinary hours
of work for lecturers, senior lecturers and heads of studies shall be 420 hours
over a twelve week cycle.
11.2.2 The ordinary hours
of work for lecturers over the twelve week cycle shall include:
11.2.2.1 216
hours of lecturing contact hours;
11.2.2.2 120
hours of preparation, marking and assessment and administrative duties;
11.2.2.3 84 hours
maintenance of professional practice.
11.2.3 The ordinary hours
of work for senior lecturers over the twelve week cycle shall include:
11.2.3.1 144
hours of lecturing contact hours;
11.2.3.2 192
hours of preparation, marking and assessment and administrative duties;
11.2.3.3 84 hours
maintenance of professional practice.
11.2.4 The ordinary hours
of work for heads of studies over the twelve week cycle shall include:
11.2.4.1 108
hours of lecturing contact hours;
11.2.4.2 228
hours of preparation, marking and assessment and administrative duties;
11.2.4.3 84 hours
maintenance of professional practice.
11.2.5 Lecturers,
senior lecturers and heads of studies may be required by the Director to work
up to a maximum of 41 hours in any one week in undertaking lecturing contact
hours, preparation, marking and assessment and administrative duties and
maintenance of professional practice. More than 41 hours in a week may be
worked by the academic staff member, by agreement between the academic staff
member and the Director, to undertake lecturing contact hours, preparation,
marking and assessment and administrative duties and maintenance of
professional practice.
11.2.6 Lecturers,
senior lecturers and heads of studies may be required by the Director to work
up to 6 additional lecturing contact hours in any one week over the average
weekly figure for each classification set out in subparagraphs 11.2.2.1,
11.2.3.1 and 11.2.4.1 above.
11.2.7 Where
the hours of work for lecturers, senior lecturers and heads of studies exceed
420 hours over a twelve week cycle, the additional hours may be carried over as
time-credit into the next twelve week cycle. At the end of this second twelve
week cycle, the total hours work for both cycles shall equal 840. Hours in
excess of 840 hours shall be paid out, at the applicable single time rate, or
time taken in lieu.
11.2.8 The
Director shall ensure that where practicable, the lecturing contact hours and
hours relating to preparation, marking and assessment and administrative duties
shall be arranged so that the 84 hours maintenance of professional practice
shall not require the attendance of the academic staff member at the School.
11.2.9 Subject
to the approval of the Director, lecturing contact hours and hours relating to
preparation, marking and assessment and administrative duties of a full-time
academic staff member may be met by attendance at the School in four days per
week.
11.2.10 The
daily span of working hours in the School for staff under this award is between
7.30 a.m. and 10.00 p.m., Monday to Sunday, inclusive. Staff working within
these time bands are to be paid the normal rate of pay, with the exception of
programmed lecturing hours on Sunday, which shall attract payment at double
time. Field trips, excursions or work other than programmed lecturing on Sunday
does not attract penalty rates.
11.2.11 Lecturing
shall not be required after 6.00 p.m. on Saturdays or on Sundays without the
prior written consent of the lecturer, senior lecturer or head of studies
concerned.
11.2.12 Those
lecturers, senior lecturers and heads of studies whose classes finish prior to
the end of the academic year, semester or term due to final examinations will
continue to perform other duties determined in consultation between the staff
member and his/her supervisor.
11.3 Lecturing Duties
- Actual class tuition, setting and marking class tests, assessing and marking
students’ practical work, preparing special lectures and lecture
demonstrations, completing records and returns and setting and marking
assignments, initial recording of results, familiarisation with the syllabus,
organisation of lesson plan, preparation of lesson notes, preparation of
teaching aids, making copies of notes, preparation for practical work, drawing
and practical exercises and maintain professional practice.
NOTE: Clause 11 (previously Clause 12 in the original
award) is to be read in the light of the comments by the Honourable Justice
Schmidt in the Supplementary Judgment of 25 March 1999 in Matter Numbers IRC
1627 and 3676 of 1998, in which her Honour stated:
"Clause 12.2 deals with the work which may be
required of those who lecture in the 3 twelve week cycles which operates over
the academic year for the teaching of the degree course, making a total of 36
weeks of lectures in the 41 week year"
12. Lecturing Contact
Hours
12.1 Subject to clause
11, Hours of Work and Attendance, the standard face to face lecturing hours
component may be up to:
12.1.1 for full-time
lecturer, 738 hours per annum.
12.1.2 for full-time
senior lecturers, 492 hours per annum.
12.1.3 for full-time
heads of studies, 369 hours per annum.
12.2 Subject to clause
11, Hours of Work and Attendance, the above lecturing hours will be discharged
during 41 weeks of the 50 week school year, or alternatively by consultation
between the Director and the lecturer, senior lecturer or head of studies
concerned.
NOTE: Clause 12 (previously clause 13 in the original
award) is to be read in the light of the comments on clauses 11 and 12
(previously clauses 12 and 13 in the original award) made by the Honourable
Justice Schmidt in the Supplementary Judgment of 25 March 1999 in Matter
Numbers IRC 1627 and 3676 of 1998. In particular, it is noted that clause 12
only permits those lecturing in the degree course to be required to attend for
a maximum attendance of 41 weeks per year.
13. Casual Lecturers
13.1 This clause sets
out the general conditions of employment for casual lecturers.
13.2 Qualifications
for Appointment - Except where the Director determines that special
circumstances exist in relation to a particular person which warrant that
person’s engagement with lesser qualifications or a shorter duration of
vocational experience, the minimum qualifications for engagement as a casual
lecturer is the same as required for full-time academic staff.
13.3 Rates of Pay -
13.3.1 The hourly rate of
pay inclusive of all incidents of employment, shall be as set out in Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
13.3.2 Full-time
lecturers and the casual lecturer hourly rate is linked by a formula, based for
administrative convenience on the ratio of the hourly salary of Step 4 of the
lecturer classification scale, which is contained in Table 1 - Salaries, of
Part B, Monetary Rates.
This formula is as follows:
|
Step 4 lecturer
classification
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
35
|
13.3.3 The ratio calculated
in accordance with paragraph 13.3.2 is 1.5722.
13.4 Lecturing Duties
- The rate paid for casual lecturing duties shall be deemed to cover the duties
which casual lecturers are engaged during the hours for which they have been
authorised to provide actual lecturing and all duties incidental to lecturing
including attendance in the lecture room or studio before the commencement and
after the completion of the tuition, setting and marking of class tests,
assessing and marking students’ practical work, preparing special lectures,
lectures and studio demonstrations, completing records and returns and setting
and marking assignments, initial recording of results, familiarisation with the
syllabus, organisation of lesson plan, preparation of lesson notes, preparation
of teaching aids, making copies of notes, preparation for practical work,
drawing and practical exercises. The rate also incorporates a payment in
recognition of the casual nature of employment and all incidents of that
employment.
13.5 Research (Studio
Practice) and Development - Where a casual lecturer is required by the Director
to attend a development activity which is related to their lecturing duties,
the staff member shall be paid at the rate applicable to their ordinary
lecturing program for the length of that development activity.
13.6 Class
Cancellation - Casual lecturers who receive less than two hours notice of
cancellation of a lecture, shall be paid for all that lecture at the casual
lecturer rate for the period of that engagement.
13.7 Induction Session
- Casual lecturers who are required to attend an induction session are entitled
to be paid at the casual lecturer rate for such attendance.
13.8 Attendance at
Staff Meetings - Casual lecturers who are required by the Director to attend a
staff meeting are entitled to be paid for such attendance.
13.9 Access to
Teaching Resources - Subject to the need for security and safety, teaching
materials, working areas and equipment, resource and reference materials will be
readily accessible by casual lecturers before, during and following their
scheduled duty periods.
13.10 Personal Carers
entitlement for Casual Lecturers
13.10.1 Casual
lecturers are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 15.7.1.3(b) of the
Award 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 13.10.4, and the notice
requirements set out in 13.10.5.
13.10.2 The
Department and the casual lecturer shall agree on the period for which the
staff member will be entitled to not be available to attend work. In the
absence of agreement, the casual lecturer is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per occasion. The casual staff
member is not entitled to any payment for the period of non-attendance.
13.10.3 The
Department must not fail to re-engage a casual lecturer because the casual
lecturer accessed the entitlements provided for in this clause. The rights of
the department to engage or not to engage a casual staff member are otherwise
not affected.
13.10.4 The
casual lecturer shall, if required,
(a) 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
(b) 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 staff member.
In normal circumstances, a casual lecturer must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
13.10.5 The
casual lecturer 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 casual lecturer will inform the Director General within 24
hours of the absence (drawn from AIRC order (PR964989)).
13.11 Bereavement
entitlements for Casual Lecturers
13.11.1 Casual
lecturers 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).
13.11.2 The
Director General and the casual lecturer shall agree on the period for which
the casual lecturer will be entitled to not be available to attend work. In the
absence of agreement, the casual lecturer is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per occasion. The casual lecturer is not entitled to any
payment for the period of non-attendance.
13.11.3 The
Director General must not fail to re-engage a casual lecturer because the
casual lecturer accessed the entitlements provided for in this clause. The
rights of the Director-General to engage or not engage a casual lecturer are
otherwise not affected.
13.11.4 The
Casual Lecturer 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 casual lecturer will inform the Director General within 24
hours of the absence (Drawn from AIRC order (PR964989)).
13.12 Parental Leave
for Casual Lecturers members
13.12.1 Casual
Lecturers 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).
13.12.2 The
Director General must not fail to re-engage a regular casual employee (see
section 53(2) of the Industrial Relations Act 1996) because:
(a) the casual
lecturer or casual lecturer spouse is pregnant; or
(b) the casual
lecturer is or has been immediately absent on parental leave.
The rights of the Director-General in relation to
engagement and re-engagement of casual lecturers are not affected, other than
in accordance with this clause.
14. Part-Time Work
for Academic Staff
14.1 A person employed
on a part-time basis and engaged as such shall have the same entitlements as
full-time staff, on a pro-rata basis where appropriate.
15. Leave
15.1 For the purposes
of this clause, academic staff does not include casual lecturers unless
otherwise specified.
15.2 Annual Leave -
All academic staff shall be entitled to 20 days annual leave or pro-rata where
employed for periods of less than the equivalent full-time.
15.3 Annual Leave
Loading - All academic staff shall be paid a loading of 17.5 per cent of their
salary for the 20 days annual leave for each 12 months of service, or pro-rata,
on the basis of the staff member’s ordinary salary rate.
15.4 Annual Leave and
Agreed Weeks of Non-attendance for all academic staff shall be:
15.4.1 In lieu of the
provisions under the Annual Holidays Act 1944, lecturers, senior
lecturers and heads of studies shall, not unless otherwise required by the Director,
be required to attend the School for the number of weeks as set out in the
following schedule:
|
Classification
|
Annual leave
|
Agreed calendar
weeks of non-
|
|
|
weeks
|
attendance
(includes the two week shut
|
|
|
|
down period at Christmas/New
Year)
|
|
Lecturer
|
4
|
7
|
|
Senior lecturer
|
4
|
7
|
|
Head of Studies
|
4
|
7
|
15.4.2 During the agreed
calendar weeks of non-attendance, academic staff will be involved in academic
development and studio practice.
15.5 Sick Leave -
15.5.1 All academic staff
shall be entitled to 15 days per annum, with the unused component of the annual
entitlement being fully cumulative.
15.5.2 Special sick leave
shall continue to be available.
15.6 Sick Leave to
Care for a Family Member - All academic staff shall be entitled to access
accrued sick leave to care for a family member, as detailed in paragraph 15.7.1
below.
15.7 Personal/Carer’s
Leave -
15.7.1 Use of Sick Leave
-
15.7.1.1 Academic
staff with responsibilities in relation to a class of person set out in section
15.7.1.3 (b) below, who needs the staff member’s care and support shall be
entitled to use, in accordance with this paragraph, any current or accrued sick
leave entitlement provided for in paragraph 15.5.1, 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.
15.7.1.2 The
staff member 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 staff member must not take carer’s leave under this subclause
where another person has taken leave to care for the same person.
15.7.1.3 The
entitlement to use sick leave in accordance with this paragraph is subject to:
(a) the staff member
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
staff member; or
(2) 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 husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(3) a child or an
adult (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 staff member or spouse or de facto spouse of the
staff member; or
(4) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or
(5) a relative of
the staff member 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.
15.7.1.4 A staff
member shall, wherever practicable, give the Director 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 staff member, the reasons for taking such leave
and the estimated length of absence. If
it is not practicable for the staff member to give notice of absence, the staff
member shall notify the Director by telephone of such absence at the first
opportunity on the day of absence.
15.7.2 Unpaid Leave for
Family Purposes - Academic staff may elect, with the consent of the Director,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in section 15.7.1.3 (b) above, who is ill.
15.7.3 Annual Leave -
15.7.3.1 Academic
staff may elect, with the consent of the Director, 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.
15.7.3.2 Access
to annual leave, as prescribed in subparagraph 15.7.3.1 above, shall be exclusive
of any shutdown period provided for elsewhere under this award.
15.7.3.3 A staff
member 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.
15.7.3.4 An
employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the
date at which it falls due.
15.7.4 Time Off in Lieu
of Payment for Overtime -
15.7.4.1 Academic
staff may elect, with the consent of the Director, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within twelve
(12) months of the said election.
15.7.4.2 Overtime
taken as time off during ordinary time hours shall be taken at ordinary time
rate, that is an hour for each hour worked.
15.7.4.3 If,
having elected to take time as leave in accordance with subparagraph 15.7.4.1
above, 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.
15.7.4.4 Where no
election is made in accordance with subparagraph 15.7.4.1 above, the staff
member shall be paid overtime rates in accordance with the award.
15.7.5 Make-up Time -
Academic staff may elect, with the consent of the Director, to work
"make-up time," under which the staff member 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.
15.7.6 Bereavement Leave
-
15.7.6.1 Where
family and community service leave has been exhausted academic staff 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 15.7.6.3 below.
15.7.6.2 The
staff member must notify the Director as soon as practicable of the intention
to take bereavement leave and will, if required by the Director provide to the
satisfaction of the Director proof of death.
15.7.6.3 Bereavement
leave shall be available to the staff member in respect to the death of a
person prescribed for the purposes of Personal/Carer’s Leave in section
15.7.1.3 (b) above, provided that for the purposes of bereavement leave, the
staff member need not have been responsible for the care of the person
concerned.
15.7.6.4 A staff
member shall not be entitled to bereavement leave under this clause during any
period in respect of which the staff member has been granted other leave.
15.7.6.5 Bereavement
leave may be taken in conjunction with other leave available under paragraphs
15.7.2, 15.7.3, 15.7.4 and 15.7.5. In
determining such a request, the Director will give consideration to the
circumstances of the staff member and the reasonable operational requirements of
the School.
15.8 Extended Leave -
All academic staff, including casual lecturers employed on a temporary basis,
shall be entitled to extended leave of 44 working days on full pay or 88
working days on half pay after completing ten years of service and a further 11
working days for each completed year of service after ten years.
15.9 Family and
Community Service Leave -
15.9.1 The Director
shall, in the case of emergencies or in personal or domestic circumstances,
grant to academic staff some or all of the available family and community
service leave on full pay.
15.9.2 Such cases may
include, but are not limited to the following:
15.9.2.1 compassionate
grounds, such as the death or illness of a close member of the family or a
member of the staff member’s household;
15.9.2.2 accommodation
matters up to one day, such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
15.9.2.3 emergency
or weather conditions, such as when flood, fire or snow, etc., threaten and/or
prevent a staff member from reporting for duty;
15.9.2.4 other
personal circumstances, such as citizenship ceremonies, parent/teacher
interviews or attending a child’s school for other reasons.
15.9.3 Attendance at
court by a staff member to answer a charge for a criminal offence, if the
Director considers the granting of family and community service leave to be
appropriate in a particular case.
15.9.4 Staff members who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
15.9.5 Staff members who
hold office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absences during normal working hours.
15.9.6 The maximum amount
of family and community service leave on full pay which may, subject to this
award, be granted to academic staff shall be the greater of the leave provided
in subparagraphs 15.9.6.1 and 15.9.6.2:
15.9.6.1 two and
a half of the staff member’s working days in the first year of service and, on
completion of the first year’s service, five of the staff member’s working days
in any period of two years;
15.9.6.2 after
the completion of two years’ continuous service, the available family and
community service leave is determined by allowing one day’s leave for each
completed year of service, less the total amount of short leave or family and
community service leave previously granted to the staff member.
15.9.7 If available
family and community service leave is exhausted as a result of natural
disasters, the Director shall consider applications for additional family and
community service leave, if some other emergency arises.
15.9.8 In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with paragraph 15.7.1 shall be
granted when paid family and community service leave has been exhausted.
15.10 Maternity,
Adoption and Parental Leave -
15.10.1 Maternity,
adoption and parental leave conditions of employees under this Award shall be
regulated in accordance with the provisions contained within the Public
Sector Employment and Management Act 2002 and Regulation and will be in
addition to those set out in the Industrial Relations Act 1996 (NSW) and
Regulation.
15.10.2 On and
from 1 January 2006 employees under this Award shall be entitled to maternity,
adoption and parental leave in accordance with the relevant provisions of the
Crown Employees (Public Service Conditions of Employment) Award 2009 published
(368 I.G. 884) as varied, or its successor.
15.10.3 Right to
Request
15.10.3.1 An
employee entitled to maternity, adoption or parental leave may request the
employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the period
of unpaid parental leave for a further continuous period of leave not exceeding
12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
15.10.4 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business. Such grounds
might include cost, lack of adequate replacement staff, loss of efficiency and
the impact on customer service.
15.10.5 The
employee’s request and the employer’s decision made under 15.10.2.1(ii) and
15.10.2.1(iii) must be recorded in writing.
15.10.6 Where an
employee wishes to make a request under 15.10.3.1 (iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
15.10.7 Communication
during Maternity, Adoption or Parental Leave
15.10.7.1 Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce a significant change at the workplace, the employer
shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
15.10.7.2 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
15.10.7.3 The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer’s capacity to comply with 15.10.7.
16. Dispute
Resolution Procedures
16.1 Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
16.1.1 Should any dispute
(including a question or difficulty) arise at the School, the staff member and/or
Federation workplace representative shall raise the matter with the appropriate
supervisor as soon as practicable.
16.1.2 The supervisor
will discuss the matter with the staff member and/or Federation representative
within two working days of having been notified of a dispute with a view to
resolving the matter or by negotiating an agreed method and time frame for
proceeding.
16.1.3 Should the above
procedure be unsuccessful or involve matters where it is inappropriate, the
dispute will be referred to the Director.
Matters at this step will be discussed within two working days of having
been notified of a dispute or by negotiating an agreed method and time frame
for proceeding.
16.2 Should the above
procedure not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
17. No Further Claims
17.1 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 2009 in
relation to matters expressly contained in this award.
17.2 Clause 17.1 does
not prevent the parties making claims for changes in salaries and conditions to
take effect after 31 December 2009 or seeking to have the Industrial Relations
Commission conciliate or arbitrate such claims prior to that date.
18.
Anti-Discrimination
18.1 It is the
intention of the parties 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.
18.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed under clause 16 of 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.
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
18.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
18.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
18.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; and
18.4.4 any party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
18.5 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.
19. Deduction of
Union Membership Fees
19.1 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.
19.2 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.
19.3 Subject to 19.1
and 19.2 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.
19.4 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.
19.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
19.6 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.
20. Leave Reserved
20.1 Leave is reserved
to the parties to apply as they may be advised in respect to the classification
of tutors. The Public Service Association and Professional officers’
Association Amalgamated Union of New South Wales has brought its interest in
the tutor classification to the notice of the parties and the Industrial
Relations Commission of New South Wales. Any award application to progress the
classification of tutor would involve discussions with the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales as part of this process.
21. Secure Employment
Test Case - OHS Obligations
21.1 For the purposes
of this clause, the following definitions shall apply:
21.1.1 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
21.1.2 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.
21.2 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):
21.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
21.2.2 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.
21.2.3 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
21.2.4 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.
21.3 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.
21.4 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.
21.5 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.
21.6 This clause will
operate from 1 March 2006
22. Further Employee
Related Reform Measures and Cost Savings
22.1 In order to fund
the salary increases provided under this award, the parties have committed to
the identification and implementation of employee related reform measures and
cost savings to improve the National Art School’s operational efficiency and
competitiveness.
22.2 The parties agree
to consider a range of initiatives to fund the salary increases beyond 2.5%
provided for by this award consistent with the Recommendation made by the Industrial
Relations Commission dated 4 June 2009 in IRC Matter Number 2339 of 2008.
22.3 Should the
parties not identify the necessary employee related reform measures and cost
savings or should any dispute arise during the process, the parties acknowledge
and commit to take all necessary steps so that the Industrial Relations
Commission shall arbitrate on and determine the employee related savings
necessary to fund the salary increases under this award.
23. Area, Incidence
and Duration
23.1 This award shall
apply to all members of the academic staff of the National Art School employed
as permanent officers or temporary or casual employees pursuant to the
provisions of the Public Sector Employment and Management Act 2002, with
the exception of those staff members employed under the Senior Executive
Service.
23.2 This award has
rescinds and replaces the Crown Employees (National Art School, Academic Staff)
Salaries and Conditions Award published 27 March 2009 (367 I.G. 562) and all
variations thereof.
23.3 The award shall
commence on and from 1 January 2009 and shall remain in force until 31 December
2009.
Part B
MONETARY RATES
Table 1 - Salaries
|
Classification
|
Salary from the
first pay period on or
|
|
|
after 1.1.2009
|
|
|
$
|
|
Increase
|
4.4%
|
|
Lecturer
|
|
|
Step 1
|
71,923
|
|
Step 2
|
75,758
|
|
Step 3
|
79,752
|
|
Step 4
|
87,046
|
|
Senior Lecturer -
|
|
|
Step 1
|
95,110
|
|
Step 2
|
99,007
|
|
Step 3
|
103,781
|
|
Head of Studies
|
128,312
|
Table 2 - Other Rates
and Allowances
|
Brief Description
|
Rates from the
first pay period to commence on or
|
|
|
after 1.1.2009
|
|
|
$
|
|
Increase
|
4.4%
|
|
Co-ordination Allowance (pa)
|
4,635
|
|
Casual Lecturer (ph)
|
74.94
|
M.
J. WALTON J , Vice-President
____________________
Printed by
the authority of the Industrial Registrar.