Principal
(Independent Schools) (State) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 221 of 2007)
Before The Honourable
Justice Schmidt
|
4 May 2007
|
AWARD
Part A
CONDITIONS
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
(a) Principal
(b) Full-Time Principal
(c) Part-Time Principal
(d) Temporary Principal
(e) Casual employee
(f) Recognised School
(g) Primary Department
(h) Secondary Department
(i) Union
(j) Teacher
(k) Teacher in Charge
(l) Service
3. Salary
Scales
3.1 Salaries Payable
3.2 Establishment of Positions
3.3 Payment Method
3.4 Payment of Part Time, Temporary and Casual Principals
3.5 Travelling Expenses
3.6 Overpayments
4. Terms Of
Engagement
4.1 Letter of Appointment
4.2 Termination - Notice
4.3 Termination - Summary Dismissal
4.4 Statement of Service
4.5 Duties
4.6 Redundancy
5. Pro Rata
Annual Leave Payment
5.1 In Lieu of the Annual Holidays Act 1944
5.2 Application
5.3 Calculation of Payments and Definitions
5.4 Termination of Employment
5.5 Principals who commence Employment after the Commencement of
the School Year
5.6 Principals who take Approved Leave without Pay - Notation re
Leave Without Pay
5.7 Principals Whose Patterns of Employment have Varied
6. Annual
Holiday Loading
7. Miscellaneous
Meal Break
8. Leave
8.1 Sick Leave
(a) Entitlement
(b) Accumulation
(c) Evidence of sickness
8.2 Carers Leave
8.3 Parental Leave
(a) Maternity Leave
(b) Paternity Leave
(c) Adoption Leave
(d) Parental Leave Entitlement for Casual Principals
(e) Right to request
(f) Communication during parental leave
8.4 Long Service Leave
(a) Applicability of Long Service Leave Act 1955
(b) Quantum of Leave
(c) Calculation of Entitlement
(d) Conditions of Taking Leave
(e) Public Holidays/Pupil Vacations
(f) Service Continuous/Leave Without Pay
(g) Payment in Lieu
8.5 Recognition of Immediate Past Service for the Calculation of
Long Service Leave Credits
8.6 Bereavement Leave
8.7 Examination Leave
8.8 Jury Service
9. Remuneration
Package
10. Suspension
11. Disputes
Procedure
12. No Extra
Claims
13. Superannuation
14. Anti-Discrimination
15. Area Incidence
And Duration
PART B
MONETARY RATES
Table 1 - Principals Salary
Table 2 - Allowance for Teachers in Charge
Table 3 - Other Rates and Allowances
ATTACHMENT A
Disputes Settlement Procedure
ATTACHMENT B
Redundancy
2. Definitions
For the purpose of this award:
(a) "Principal"
means a teacher as defined who is responsible to the employer for the day to
day management and operation of the school, including the supervision of other
teachers.
The definition of Principal shall not include:
(i) persons
employed as Principals with a contractual right to appoint and/or dismiss
teachers, or
(ii) persons
employed to assist with the overall management of the school for less than four
weeks.
(b) "Full-Time
Principal" means any Principal other than a part-time, or temporary
Principal.
(c) "Part-Time
Principal" means a Principal who is engaged to work regularly, but for
less than a full school week.
(d) "Temporary
Principal" means a Principal employed to work full-time or part-time for a
specified period which is not more than a full school year, but not less than
four school weeks.
Provided that a Principal may be employed for a
specific period in excess of a full school year but not more than two full
school years where such a Principal is replacing a Principal who is on leave
for a specified period in excess of a full school year.
A Principal shall not be employed on successive
temporary appointments except where each appointment is for a different
purpose.
A Principal cannot be employed on a temporary basis
unless any advertisement for the position stated the position was temporary and
unless the Principal was advised at the point he or she was offered the
position that it was temporary.
(e) "Casual
employee" means a person employed on a day-to-day basis in a relieving
capacity.
(f) "Recognised
school" means a school registered under the provisions of the Education
Act 1990 or any registered special school within the meaning of that Act or
school for the disabled.
(g) "Primary
Department" means that section or division of a school which provides a
primary education [including infants] and includes a school which provides a
primary education only.
(h) "Secondary
Department" means that section or division of a school which is not a primary
department and includes a school which provides a secondary education only.
(i) "Union"
means the New South Wales Independent Education Union.
(j) "Teacher"
means a person who is eligible to teach in a recognised school in New South
Wales and who meets the requirements for registration as a teacher with the New
South Wales Institute of Teachers.
(k) "Teacher
in Charge" means a teacher as defined who is appointed as such in schools
of less than 100 students, who is responsible to the employer for the day to
day management and operation of the school, including the supervision of other
teachers.
(l) "Service"
includes service with an employer prior to this Award taking effect.
3. Salary Scales
3.1
(a) The minimum
annual rate of salary payable to full-time Principals shall be as set out in
Part B, Table 1. Weekly salaries shall
be ascertained by dividing the annual salaries by 521/7.
(b) A Teacher in
Charge shall be paid the annual salary which would apply from time to time to a
teacher with the same qualifications and experience pursuant to the Teachers
(Independent Schools) (State) Award 2007, or any industrial instrument which
replaces it, together with the allowance set out in Table 2 of Part B Monetary
Rates of this award.
3.2 Establishment
of positions
(a) A school shall
appoint a teacher to the position of Principal if the total enrolment of the
school, across all campuses (whether on the same or separate sites) is 100
students or more.
(b) If a school
does not appoint a Principal, then a school with an enrolment of less than 100
students shall appoint a Teacher in Charge, provided that this requirement
shall not apply to teachers in single-teacher schools.
3.3 Payment
Fortnightly/Half Monthly
(a) The salary payable
to any Principal pursuant to this clause, shall be payable either fortnightly
or monthly if by mutual agreement and provided that payment is two weeks in
advance.
(b) Where the pay
day for a monthly pay period falls on a Saturday, Sunday or public holiday,
salaries shall be paid on the day not being a Saturday, Sunday or public
holiday immediately preceding said pay day.
(c) The salary
payable to any Principal, pursuant to this clause, shall be payable at the
election of the employer by either cash, cheque or Electronic Funds Transfer
into an account nominated by the employee.
3.4 Payment of
Part-Time, Temporary Principals
(a) A part-time
Principal, including a temporary part-time Principal, shall be paid at the same
rate as a full-time Principal but in that proportion which the number of hours
worked bear to the hours which a full-time Principal at the school is normally
required to work.
(b) A temporary
full-time Principal shall be paid at the same rate as that prescribed for a
full-time Principal with corresponding classification.
3.5 Travelling
Expenses
(a) Where the use
of a vehicle is required in connection with employment, other than for journeys
between home and the place of employment, the Principal shall be paid an
allowance as set out in Part B, Table 3, Item 1.
(b) Travelling and
other out of pocket expenses reasonably incurred by a Principal in the course
of duties required by the employer, shall be reimbursed by the employer.
3.6 Overpayments
Where excess payments are made in circumstances which
were not apparent or could not reasonably have been expected to be detected by
the Principal, the relevant parties shall seek agreement on the matter of the
overpayment, including where necessary and appropriate, discussion between the
union and relevant employer representatives.
4. Terms of
Engagement
4.1 The employer
shall provide a Principal on appointment with a letter of appointment stating
inter alia the rate of salary as at appointment, and an outline of
superannuation benefits available to the Principal.
4.2
(i) The
employment of any Principal shall not be terminated without at least one term’s
notice on either side, or the payment of, or forfeiture of, one term’s salary
in lieu of notice.
For the purposes of this paragraph 4.2(i),
"term" means the number of weeks in the term in which notice of
termination is given.
(ii) In the case
of a temporary or relief Principal who is engaged for a period of one term or
less, the notice period will be four term weeks on either side, or the payment
of, or forfeiture of, four weeks’ salary in lieu of notice.
4.3 The foregoing
shall not affect the right of the employer to dismiss summarily any Principal
for incompetence, misrepresentation, neglect of duty or other misconduct.
4.4 Upon the
termination of service of a Principal, the employer shall provide a statement
of service setting out the Principal’s length of service.
4.5 An employer
may direct a Principal to carry out such duties as are within the limits of the
Principal's skill, competence and/or training.
4.6 In conjunction
with the other applicable provisions of this Award, the provisions of
Attachment B - Redundancy shall apply as a minimum entitlement in cases of
redundancy.
Note: the notice applicable shall be either the notice
required pursuant to subclause 4.2 of this clause, or the notice pursuant to
clause 4 of Attachment B - Redundancy, whichever is the greater.
5. Pro Rata Annual
Leave Payment
5.1 This clause
will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
5.2 The provisions
of this clause shall apply where:
(a) a Principal's
employment ceases; or
(b) where a Principal
takes approved leave without pay; or
(c) a Principal
commences employment after the School Service Date; or
(d) where the
employment pattern of a Principal changes from full time to part time, or vice
versa, or from one part-time arrangement to another, since the School Service
Date, payments shall be made to such Principals by application of the formula
prescribed by either clause 5.3 (a) or (b), as appropriate, and, if relevant,
by the application of the provisions of clauses 5.4, 5.5, 5.6 and 5.7
separately or in combination.
5.3
(a) Calculation of
Payments
Payments made pursuant to this clause to a Principal
whose hours have varied shall be calculated in accordance with the following
formula:
Where:
P is the payment
due.
s is the total
salary paid in respect of term weeks, or part thereof, since the anniversary of
employment [or date of employment in circumstances where a Principal has been
employed by the school for less than one year].
b is the number
of term weeks, or part thereof, in the year.
c is the number
of non-term weeks, or part thereof, in the year.
d is the salary
paid in respect of non-term weeks, or part thereof, that have occurred since
the anniversary of employment [or date of employment in circumstances where a
Principal has been employed by the school for less than one year].
(b) Payments made
otherwise pursuant to this clause shall be calculated in accordance with the
following formula:
Where:
P is the payment
due.
s is an amount
equivalent to a week's salary [including allowances] of the Principal at the
date of application of the formula.
t is the number
of term weeks, or part thereof, worked by the Principal since the School
Service Date.
b is the number
of term weeks, or part thereof, in the year.
c is the number
of non-term weeks, or part thereof, in the year.
d is the number
of non-term weeks, or part thereof, worked by the Principal since the school
service date.
(c) For the
purposes of this clause:
(i) "School
Service Date" means the usual commencement date of employment at a school
for Principals who are to commence on the first day of the first term.
(ii) "Principal"
means any Principal other than a casual Principal.
5.4 Termination of
Employment
A Principal shall be entitled on termination of
employment to a payment calculated in accordance with this clause.
5.5 Principals Who
Commence Employment After The Commencement Of The School Year
(a) A Principal
who commences employment after the usual date of commencement at a school in
any school year, shall be paid from the date the Principal commences, provided
that at the end of Term IV or final semester in that year, the Principal shall
be paid an amount calculated pursuant to clause 5.3 and shall receive no salary
or other payment other than payment under this clause until the School Service
Date or the resumption of Term 1 or first semester in the following school
year.
(b) In each
succeeding year of employment, the anniversary of appointment of the Principal
for the purpose of this clause shall be deemed to be the School Service Date.
5.6 Principals Who
Take Approved Leave Without Pay
Where a Principal takes leave without pay with the
approval of the employer for a period which [in total] exceeds 20 pupil days in
any year, the Principal shall be paid salary calculated in accordance with this
clause as follows:
(a) If the leave
without pay commences and concludes in the same school year:
(i) subject to
clause 5.6 (a) (ii) below, the payment shall be calculated and made at the
conclusion of Term IV of that school year; and
(ii) if the leave
without pay commences on the day following the last teaching day of a term and
concludes on the day preceding the first teaching day of a term in the same year
a payment shall be calculated and made:
(A) at the
commencement of the leave in respect of that year; and
(B) at the end of
Term IV in accordance with clause 5.6 (c).
(b) If the leave
without pay is to conclude in a school year following the school year in which
the leave commenced:
(i) at the
commencement of the leave, a payment shall be calculated and made in respect of
the school year in which the leave commences; and
(ii) at the end of
Term IV in the school year in which the leave concludes, a payment shall be
calculated and made in respect of that school year.
(c) The payment to
be made to a Principal at the conclusion of Term IV of a school year:
(i) pursuant to
clause 5.6 (a) (ii) (B);
(ii) or in
circumstances where, with the agreement of the employer, a Principal who has
been paid pursuant to clause 5.6 (b) (i) returns from leave during the school
year in which the leave commenced and not withstanding that as a result did not
in total exceed 20 pupil days, shall be determined by:
(A) applying the
formula in clause 5.3 as if no payment had been made to the Principal pursuant
to clause 5.6 (a) (ii) (A) or clause 5.6 (b) (i); and
(B) deducting from
that amount the amount paid to the Principal pursuant to clause 5.6 (a) (ii)
(A) or clause 5.6 (b) (i).
(d) Notwithstanding
the provisions of clause 5.1 (a), a Principal shall not pursuant to this clause
be paid an amount in respect of a year of employment which is less than the
amount to which the Principal would otherwise be entitled under the provisions
of the Annual Holidays Act 1944, in respect of a year of employment.
5.7 Principals
Whose Patterns of Employment Have Varied
Where a Principal changes their employment pattern from
full time to part time, or vice versa, or from one part time arrangement to
another, since the School Service Date in any school year, and the Principal’s
employment is to continue in the next school year, the principal shall be paid
at the conclusion of Term IV or final semester of that year in accordance with
the formula provided in clause 5.3 (a) and shall receive no salary or other
payment other than payment under this clause until the School Service Date or
the resumption of Term I or the first semester in the following year.
6. Annual Holiday
Loading
6.1 Subject to
clause 6.6, where a Principal other than a casual Principal, is given and takes
annual holidays commencing at the beginning of the school summer vacation each
year, the Principal shall be paid an Annual Holiday Loading calculated in
accordance with this clause.
6.2 The loading
shall be payable in addition to the pay payable to the Principal for the period
of the school summer vacation.
6.3 The loading
shall be calculated:
(a) in relation to
such period of a Principal's annual holiday as is equal to the period of annual
holiday to which the Principal is entitled for the time being under the
Annual Holidays Act 1944 at the end of each year of employment or where
relevant.
(b) the period of annual
leave calculated under clause 6.6.
6.4 The loading
shall be the amount payable for the period specified in clause 6.3 or 6.6 at
the rate of 17.5 per cent of the weekly equivalent of the Principal's annual
salary.
6.5 For the
purposes of this clause, "salary" shall mean the salary payable to
the Principal at the first day of December of the year in which the loading is
payable, but not including any other allowances or amount otherwise payable in
addition to salary.
Provided that where clause 6.6 applies,
"salary" shall mean the salary payable immediately prior to the
payment made to the Principal pursuant to clause 5.3 (b).
6.6 Where a
Principal receives a payment pursuant to clause 5.3 (b), including the case
where a Principal's employment is terminated by the employer during the school
year for a reason other than misconduct, the Principal shall be entitled to be
paid for that part of such fraction of the annual holiday loading he or she
would be entitled to for the full school year as is equal to the fraction which the number of school
weeks worked by the Principal in that year bears to the number of school weeks
he or she would be normally required to work in a full school year.
7. Miscellaneous
A Principal shall be entitled to a minimum of 30 consecutive
minutes each day as a meal break.
8. Leave
8.1 Sick Leave
(a) Entitlement
Any full-time, temporary or part-time Principal shall
be entitled to paid sick leave in respect of any absence on account of illness
or injury, subject to the following conditions and limitations:
(i) During the
first year of service with an employer the period of sick leave shall not
exceed five days in any term, but any sick leave not taken in any term may be
taken during the remainder of the said year;
Provided that the maximum sick leave which may be taken
during the first year of service shall not exceed 15 days.
And provided further that a temporary Principal shall
be entitled to sick leave in accordance with the provisions of this paragraph,
and in that proportion of 15 days which the period of appointment of the
Principal bears to the school year of the school at which he or she is
employed.
(ii) After the
first year of service with an employer, the period of sick leave shall, subject
to clause 8.1(b), not exceed in any year of service 22 working days on full
pay, followed by 22 working days on half pay.
(iii) A Principal
shall not be entitled to sick leave for any period in respect of which such
Principal is entitled to workers' compensation.
(iv) A Principal
shall not be entitled to paid sick leave unless he or she notifies the person
nominated by the employer for this purpose prior to the commencement of the
first organised activity at the school on any day, of the nature of the illness
and of the estimated duration of the absence; provided that paid sick leave
shall be available if the Principal took all reasonable steps to notify the
person nominated by the employer for this purpose or was unable to take such
steps.
(v) The sick leave
entitlement of a part-time Principal shall be in that proportion which the
number of working hours of that Principal in a full school week bears to the
number of working hours which a full-time Principal at the school is normally
required to work.
(vi) The Principal,
if required by the employer, complies with paragraph (c) of this subclause.
(b) Sick leave
shall accumulate from year to year as follows:
(i) Untaken sick
leave entitlement in the first year of service with an employer shall not be
accumulated.
(ii) Untaken sick
leave in the second year of service with an employer and thereafter of up to 20
days on full pay and 20 days on half pay per year shall be accumulated to a
maximum of four years of service;
Provided that an employee shall only be entitled to the
sick leave accumulated in the respect of the four years of continuous service
immediately preceding the current year of service.
(iii) The maximum
accumulation shall not exceed 80 days on full pay and 80 days on half pay.
(iv) Accumulated
sick leave days on full pay shall be taken prior to accumulated sick leave days
on half pay.
(v) Sick leave
which accrues to a Principal at the commencement of a year of service pursuant
to clause 8.1(a) shall be taken prior to the taking of any sick leave which the
Principal has accumulated in accordance with this subclause.
(vi) A part-time
Principal shall accumulate sick leave entitlements pursuant to the provisions
of this subclause in that proportion which the number of working hours in a
full school week bears to the number of working hours that a full-time
Principal at the school is normally required to work.
(c)
(i) Other than in
respect of the first two days absence in respect of sickness in any year, a Principal
shall, upon request, provide a medical certificate addressed to the employer,
or, if the employer requires, to the school medical officer.
(ii) Where a
Principal has taken frequent single days of sick leave, or taken extended sick
leave such that the employer requires additional information in relation to the
Principal’s sickness, then the employer may take action in accordance with this
subclause.
(A) The employer
may arrange a meeting in order to clarify the position with the Principal. The invitation to the Principal to attend
the meeting shall be in writing (signed by the employer’s delegate) with
sufficient notice for the Principal to reasonably be able to attend the
meeting. The invitation shall also
refer to the provisions of this award clause and shall indicate the grounds for
the employer’s concern about sick leave taken by the Principal. The employer shall invite the Principal to
respond verbally at the meeting to the issues raised by the employer. A Principal shall not unreasonably fail to
attend such a meeting where invited by the employer to do so.
(B) After
consideration of the Principal’s response, the employer may
require further evidence of illness; and/or
require the Principal to provide a medical certificate
from a doctor nominated by the employer (at the employer’s cost) in relation to
the likely period of absence or to establish only eligibility for sick leave
(and no other information); and/or
discuss
with the Principal any other action.
(C) Where a
Principal fails to attend a meeting as requested by the employer pursuant to
paragraph (A) of this subclause and does not provide a reasonable explanation
for such failure, or does not provide further evidence of illness as outlined
in paragraph (B) of this subclause, then following prior written notice the
employer may cease payment of sick leave if the employer has reasonable grounds
for a belief that the Principal is not entitled to sick leave for that absence.
(D) The Principal
may, if a member of the union, request that any matter pursuant to this clause
be discussed at any stage between the union and the representative of the
employer.
8.2 Carers Leave
(a) Use of Sick
Leave
(i) A Principal,
other than a casual Principal, with responsibilities in relation to a class of
person set out in 8.2 (a) (iii) who needs the employee’s care and support,
shall be entitled to use, in accordance with this subclause, ten days of his or
her current and 30 days of his or her accrued sick leave entitlement, provided
for at Clause 8.1 of the award, for absences to provide care and support, for
such persons when they are ill or who require care due to an unexpected
emergency. Such leave may be taken for part of a single day.
(ii) The Principal
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 employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the Principal.
In normal circumstances, a Principal must not take
carer’s leave under this subclause where another person has taken leave to care
for the same person.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(A) the Principal
being responsible for the care of the person concerned; and
(B) the person
concerned being:
(1) a member of
the Principal’s immediate family; or
(2) a member of
the employee’s household.
The term "immediate family" includes:
(aa) a spouse
(including former spouse, a de facto spouse and a former de facto spouse) of
the Principal. A de facto spouse, in
relation to a person, means a person of the opposite sex to the first mentioned
person who lives with the first mentioned person as the husband or wife of that
person on a bona fide domestic basis although not legally married to the
person; and
(bb) a child or adult
child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the Principal or spouse of the Principal.
(iv) The Principal
shall not be entitled to paid carer’s leave unless he or she notifies the
person nominated by the employer for this purpose of the need for carer’s leave
and the estimated period of absence at the first available opportunity and,
where possible, before the first organised activity at the school on the day of
absence. The Principal will have sick
leave credits available to the extent of the leave to be taken.
(v) Notwithstanding
clause 8.2(a), a part-time Principal is only entitled to an amount of carer’s
leave in the same proportion the working hours of a part-time Principal bears
to the hours which a full-time Principal at the school is normally required to
work.
(vi) Any carer’s
leave taken in accordance with this clause shall be deducted from the sick leave
entitlement of the Principal in accordance with Clause 8.1 Sick Leave.
(b) Unpaid Leave
for Family Purpose
A Principal may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in 8.2(a)(iii) above who is ill or who
requires care due to an unexpected emergency.
(c) Personal
Carers entitlement for casual Principals
(i) Subject to
the evidentiary and notice requirements in subparagraphs (ii) and (iv) of paragraph
(a) of this subclause, casual Principals are entitled to not be available to
attend work, or to leave work if they need to care for a person prescribed in
subclause (iii) of paragraph (a) of this clause who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child.
(ii) The employer
and the Principal shall agree on the period for which the Principal will be
entitled to not be available to attend work. In the absence of agreement, the
Principal is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual Principal is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual Principal because the Principal accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual Principal are otherwise not affected.
8.3 Parental Leave
(a) Maternity
Leave
(i) Subject to
subparagraph (iii) of this paragraph, a Principal who takes unpaid maternity
leave of at least fourteen weeks under the provisions of the Industrial
Relations Act 1996 must be paid an allowance under this clause.
(If a Principal takes a lesser period of leave the allowance
shall be reduced accordingly).
(ii) The amount of
the allowance for a Principal who takes leave after 1 January, 2007 shall be
fourteen weeks pay.
(iii) Where a
Principal gives birth to a second or subsequent child following an earlier
period of maternity leave and has not returned to work before the birth of the
second or subsequent child, the Principal will not be entitled to an additional
fourteen weeks payment in accordance with paragraph (a) (i) of this sub-clause. However, the Principal will be entitled to
unpaid maternity leave in accordance with Part 4 of Chapter 2 of the Industrial
Relations Act 1996.
(iv) The Principal
must be paid at the rate the Principal was paid at the time of commencing
leave.
(v) The Principal
must be paid:
(A) at the usual
times and intervals that the Principal is usually paid, or
(B) if the
Principal asks two weeks in advance and the employer agrees, in a lump sum.
(vi) The employer
must pay the first or lump sum payments at the pay period commencing closest
to:
(A) six weeks
before the anticipated date of birth, or
(B) if birth occurs
before the time referred to in (A), the date of the birth; or
(C) if the
Principal has not commenced maternity leave at the time referred to in (A),
when the Principal commences leave.
(vii) If a
Principal's pregnancy is terminated other than by the birth of a living child:
(A) more than 20
weeks before the anticipated date of birth the Principal is not entitled to the
payment;
(B) less than 20
weeks before the anticipated date of birth the Principal is entitled to the
payment while she remains on leave.
(viii) The period of
maternity leave will not count as a period of service under this award or any
statute.
(ix) A Principal
shall be required to give at least 10 weeks written notice of the intention to
take leave and shall provide other notice consistent with the provisions of
section 58 (1) of the Industrial Relations Act 1996.
(x) Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act
1996 shall apply.
Notation:
(i) Where
possible maternity leave should preferably commence on the day following the
last teaching day of a term and conclude on the day preceding the first
teaching day of a term. However this does
not diminish the right of a Principal to proceed on leave on the date she
nominates in accordance with the Industrial Relations Act 1996.
(ii) In order to
facilitate the desirable practice referred to in (i) above, the employers are
prepared to extend the time of maternity leave beyond that maximum entitlement
prescribed by the Industrial Relations Act 1996, should the employee
agree to return from maternity leave at the commencement of the term
immediately following the maximum period of leave required to be afforded by
that Act.)
(b) Paternity Leave
(i) A Principal
who takes paternity leave shall be entitled to 2 weeks paid leave commencing on
the day of birth of his child or on the day on which his spouse leaves hospital
following the birth. This paid leave is
to be deducted from Carer's Leave available to the Principal pursuant to
sub-clause 8.2 of this award (NB: spouse means a spouse as defined in
sub-clause 8.2 Carer’s Leave).
(ii) A Principal
shall be required, if possible, to give at least 10 weeks written notice of the
intention to take leave and shall provide other notice consistent with the
provisions of section 58 (2) of the Industrial Relations Act 1996.
(c) Adoption Leave
(i) A Principal
who takes unpaid adoption leave of at least fourteen weeks for the purpose of
adopting any child must be paid an allowance under this clause, providing the
leave is taken before the child reaches full-time enrolment age. (If a Principal takes a lesser period of
leave the allowance shall be reduced accordingly). A Principal shall be
entitled to an allowance of fourteen weeks pay, provided that the paid adoption
allowance shall only be payable in respect of one adopting parent of a child.
(ii) The period of
adoption leave will not count as a period of service under this award or any
statute.
(iii) A Principal
shall be required to give written notice of the approval or other decision to
adopt a child at least 10 weeks prior to the expected date of placement of the
child and shall provide other notice consistent with the provisions of section
58 (3) of the Industrial Relations Act 1996.
(d) Parental Leave
Entitlement for Casual Principals
An employer must not fail to re-engage a regular casual
Principal (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(i) the Principal
or Principal's spouse is pregnant; or
(ii) the Principal
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual Principals are not affected, other than in accordance
with this clause.
(e) Right to
request
(i) A Principal
entitled to parental leave may request the employer to allow the Principal:
(A) to extend the period
of simultaneous unpaid parental leave up to a maximum of eight weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the Principal in reconciling work and
parental responsibilities.
(ii) The employer
shall consider the request having regard to the Principal’s circumstances and,
provided the request is genuinely based on the Principal’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.
(iii) Principal’s
request and the employer’s decision to be in writing
The Principal’s request and the employer’s decision
made under subparagraphs (i) (B) and (C) of this paragraph must be recorded in
writing.
(iv) Request to
return to work part-time
Where a Principal wishes to make a request under
subparagraph (i) (C), such a request must be made as soon as possible before
the date upon which the employee is due to return to work from parental leave.
(f) Communication
during parental leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(A) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the Principal held
before commencing parental leave; and
(B) provide an
opportunity for the Principal to discuss any significant effect the change will
have on the status or responsibility level of the position the Principal held
before commencing parental leave.
(ii) The Principal
shall take reasonable steps to inform the employer about any significant matter
that will affect the Principal’s decision regarding the duration of parental
leave to be taken, whether the Principal intends to return to work and whether
the Principal intends to request to return to work on a part-time basis.
(iii) The Principal
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subparagraph (i).
8.4 Long Service
Leave
(a) General
Provisions
(i) Except in so
far as expressly varied by the provisions of this clause, the provisions of the
Long Service Leave Act 1955, shall apply to Principals employed under
this award.
(ii) For the
purpose of this sub-clause 8.4 Long Service Leave, a Principal shall be deemed
to have completed a year of service if he or she had been employed for the
whole of the term time of that calendar year.
(b) Quantum of
Leave
Subject to clause 8.4(c) the amount of long service
leave to which a Principal shall be entitled shall:
(i) In the case
of a Principal who has completed at least ten years service with the same employer
be:
(A) in respect of
ten years service so completed 13 weeks; and
(B) in respect of
each additional five years of service with the employer since the Principal
last became entitled to long service leave, 10 weeks; and
(C) on the
termination of the Principal's employment, in respect of completed service with
the employer since the Principal last became entitled to an amount of long
service leave, a proportionate amount on the basis of two weeks for one year's
service.
(ii) In the case
of a Principal who has completed with an employer five years service, and whose
services are terminated by the employer for any reason other than misconduct or
cease for any other reason, be a proportionate amount on the basis of 13 weeks
for ten years service [such service to include service with the employer as an
adult and otherwise than as an adult].
(c) Calculation of
Entitlement
In the case of a Principal whose service with an
employer began before 1 July 2006, and whose service would entitle the
Principal to long service leave under this clause, the amount of long service
leave to which such Principal shall be entitled shall be the sum of the
following amounts.
(A) The amount
calculated on the basis of the provisions of any applicable contract/s of
employment in respect of the period of service before 1 July 2006 [see notation
below]; and
(B) An amount
calculated on the basis of the provisions of this clause in respect of the
period of service from and including 1 July 2006.
Notation:
Prior to the commencement of this Award, many
Principals were entitled to Long Service Leave in accordance with the
arrangements applying pursuant to the Teachers (Independent Schools) (State)
Award. The rates of accumulation under
that Award were as follows:]
Calculation of
Entitlement
|
Long Service Leave
Teachers (Independent Schools) (State) Award
|
Prior to 31st July 1985
|
0.866 weeks per year.
|
1st August, 1985 to 30th April, 1995
|
1.05 weeks per year up to 10 years service.
|
|
1.5 weeks per year, or proportion of a year, after
|
|
10 years service.
|
1st May, 1995 to 28th January, 2001
|
1.05 weeks per year up to 10 years service.
|
|
2 weeks per year, or proportion of a year, after 10
|
|
years service.
|
On and from 29th January, 2001
|
1.3 weeks per year up to 10 years service
|
|
2 weeks per year, or proportion of a year, after 10 years
service
|
(d) Conditions of Taking
Leave
(i) Where a
Principal has become entitled to long service leave in respect of the
Principal's service with an employer, the employer shall give to the Principal
and the Principal shall take the leave as soon as practicable having regard to
the needs of the employer provided always that unless the employer otherwise
agrees the Principal shall give not less than two school terms notice of the
Principal's wish to take leave and further provided that the employer shall
give the Principal not less than two school terms' notice of any requirement
that such leave be taken.
(ii) Where long
service leave is taken so that it commences on the first day after a period of
pupil vacation, which falls between school terms, and concludes on the last day
prior to a period of pupil vacation which falls between school terms, such long
service leave shall be exclusive of the pupil vacation periods occurring prior
to and following the period of long service leave.
A period of long service leave taken wholly within one
term shall also be exclusive of pupil vacation periods adjacent to the period
of leave, if the taking of long service leave of less than one term has been
approved by the school.
(iii) Where a
Principal requests and is granted up to one week's leave without pay to be
taken in addition to long service leave such that the total period of leave is
in accordance with subclause 8.4(d)(ii) the conditions of that clause shall
apply, provided nothing in this paragraph shall affect the provisions of
subclause 5.6.
(iv) Where long
service leave is not taken in full term periods or in accordance with clause
8.4(d)(ii) it will be inclusive of pupil vacations.
(v) Where a
Principal is entitled to an amount of long service leave which is in excess of
a school term the Principal may elect not to take that part of the long service
leave which is in excess of a term [the deferred leave], until such time as the
Principal accumulates further entitlements which when taken together with the
deferred leave enables long service leave to be taken for a whole term.
(e) Long Service
and Public Holidays
A period of long service leave shall be inclusive of
any public holidays falling within the period of leave.
(f) The service of
a Principal with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the Principal taking maternity leave
(including paid and unpaid leave in accordance with clause 8.3 Parental Leave)
or other approved leave without pay but the period during which the service is
so interrupted shall not be taken into account in calculating the period of
service.
(g) Payment in
Lieu of Long Service Leave
(i) Where a
Principal takes long service leave for an entire school term, the Principal may
request and the employer may agree that, in addition to the long service leave,
the Principal be paid an amount in lieu of any additional long service leave
accumulated by the Principal, prior to the commencement of the long service
leave.
(ii) The payment
made by the employer in lieu of long service leave in clause 8.4(g)(i) will not
exceed five weeks’ salary.
(iii) Any payment
in clause 8.4(g)(i) of this subclause will be paid by the employer upon the
commencement of the Principal’s long service leave, unless otherwise agreed
between the Principal and the employer.
(iv) Where a payment
in lieu of long service leave is paid by the employer in accordance with this
subclause, a Principal’s entitlements to long service leave will be reduced by
the extent of such payment.
8.5 Recognition of
Immediate Past Service for the Calculation of Long Service Leave Credits
Where a principal has utilised the provisions of the
previous award, the Principals (Independent Schools) (State) Interim Award
2006, relating to recognition of prior service with a previous employer so that
a Principal was entitled to a transferred long service leave accrual with a new
employer, the obligations on the new employer and the entitlement of the
Principal (as set out in the previous award) shall continue pursuant to the
provisions of this award.
8.6 Bereavement
Leave
(a) A Principal
shall on the death of a spouse, father, mother, father-in-law, mother-in-law,
grand parent, brother, sister, child, stepchild or grandchild of the Principal
be entitled to paid leave up to and including the day of the funeral of such
relative. Such leave shall not exceed
three school days.
(b) A Principal
may be required to provide the employer with satisfactory evidence of such death.
(c) Bereavement
leave shall be available to the Principal in respect of the death of a member
of the employee’s immediate family or household, as defined in clause 8.2.
(d) A Principal shall
not be entitled to bereavement leave under this subclause during any period in
respect of which the Principal has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with leave available under clause 8.2. In determining such a request the employer
will give consideration to the circumstances of the Principal and the
reasonable operational requirements of the school.
(f) Casual
Principals
(i) Subject to
the evidentiary and notice requirements in this subclause, casual Principals
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a person prescribed in subclause 8.2 Carer’s Leave
(ii) The employer
and the Principal shall agree on the period for which the Principal will be
entitled to not be available to attend work. In the absence of agreement, the
Principal is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual Principal is not entitled to any
payment for the period of non-attendance
(iii) An employer
must not fail to re-engage a casual Principal because the Principal accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not engage a casual Principal are otherwise not affected.
8.7 Examination/Study
Leave
Any Principal who for the purpose of improving their
skills as a Principal, enrols in any course at a recognised University, shall
be granted leave:
(a) with pay on
the day of any examination required in the course;
(b) without pay
for the purpose of attending any compulsory residential school which is a part
of such course.
8.8 Jury Service
(a) A full time or
part-time Principal required to attend for jury service during ordinary working
hours shall be provided with paid leave for this purpose. The Principal shall be required to reimburse
to the employer any monies payable to the Principal for such attendance
(excluding reimbursement of expenses) which required the Principal’s absence
from school.
(b) The Principal
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service.
The Principal shall provide to the employer a copy of the summons to
attend jury duty and a record of payments received as proof of attendance.
9. Remuneration
Package
9.1 This clause
shall apply to those individual schools wishing to facilitate the provision of
salary and benefit packages to individual Principals covered by this award.
9.2 For the
purposes of this clause:
(a) ‘Benefits’ means
the benefits nominated by the Principal from the benefits provided by the
school and listed in clause 9.4 (c).
(b) ‘Benefit
Value’ means the amount specified by the school as the cost to the school of
the Benefit provided including Fringe Benefit Tax, if any.
(c) ‘Fringe
Benefit Tax’ means tax imposed by the Fringe Benefits Tax Act 1986.
9.3 Conditions of
Employment
Except as provided by this clause, Principals must be
employed at a salary based on a rate of pay, and otherwise on terms and conditions,
not less than those prescribed by this award.
9.4 Salary
Packaging
The school may offer to provide and the Principal may
agree in writing to accept:
(a) the Benefits
nominated by the Principal; and
(b) a salary equal
to the difference between the Benefit Value and the salary which would have
applied to the Principal or under clause 9.3, in the absence of an agreement
under this clause.
(c) The available
Benefits are those made available by the school from the following list:
(i) superannuation;
(ii) childcare
provided by the school;
(iii) other
benefits offered by the school.
(d) The school
must advise the Principal in writing of the Benefit Value before the agreement
is entered into.
9.5 During the
currency of an agreement under clause 9.4.
(a) any Principal
who takes paid leave on full pay shall receive the Benefits and salary referred
to in clause 9.4 (a) and (b).
(b) if a Principal
takes leave without pay the Principal will not be entitled to any Benefits
during the period of leave
(c) if a Principal
takes leave on less than full pay he or she shall receive:
(i) the Benefits;
and
(ii) an amount of
salary calculated by applying the formula:
A = S x P% - [(100% - P%) x B]
where:
S = the salary determined by paragraph (b) of subclause 9.4 of
this clause
P = the percentage of salary payable during the leave
B = Benefit Value
A = Amount of salary.
(d) any other
payment under this award, calculated by reference to the Principal's salary,
however described, and payable:
(i) during employment;
or
(ii) on
termination of employment in respect of untaken paid leave; or
(iii) on death,
shall be at the rate of pay which would have applied to
the Principal under clause 9.3, in the absence of an agreement under clause 9.4
(a) and (b).
10. Suspension
Notwithstanding any of the provisions in this award, an
employer may suspend a Principal with or without pay while considering any
matter which in the view of the employer could lead to the Principal's summary
dismissal. Suspension without pay shall
not be implemented by the employer without prior discussion with the Principal
and shall not, except with the Principal's consent, exceed a period of four
weeks
11. Disputes
Procedure
11.1 Subject to the
provisions of the Industrial Relations Act 1996, all grievances, claims
or disputes shall be dealt with in the following manner so as to ensure the
orderly settlement of the matters in question.
11.2 Any grievance
or dispute which arises shall, where possible, be settled by discussion between
the Principal and the employer’s nominee in accordance with any procedures that
have been adopted by the school.
11.3 If no agreement
is reached and if the Principal seeks assistance from the IEU or another
person, where the school is a member of the Association of Independent Schools
(AIS) the matter will be referred to the AIS by the IEU or that person and
shall be dealt with in accordance with the AIS / IEU agreement (see Attachment
A).
11.4 Should the
matter not be resolved, it may be referred by either party to the Industrial
Relations Commission of New South Wales for settlement.
12. No Extra Claims
It is a term of this award that the union undertakes not to
pursue any extra claims, award or over award, until 31 December 2010.
13. Superannuation
13.1 Definitions
For the purposes of this clause:
(a) "Basic
earnings" shall mean:
(i) the minimum
annual rate of salary prescribed from time to time for the employee by clause
3.1; and
(ii) the amount of
any payment made to the employee pursuant to clause 5.
(b) "Employee"
means a Principal to whom this award applies.
(c) "Employer"
means the employer of a Principal to whom this award applies.
(d) "Fund"
means:
(i) the New South
Wales Non-Government Schools Superannuation Fund; or
(ii) any other
superannuation fund approved in accordance with the Commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee.
(e) "Casual"
means a casual employee as defined in clause 2 Definitions.
13.2 Fund
The New South Wales Non-Government Schools Superannuation
Fund shall be made available by each employer to each employee.
13.3 Benefits
(a) Except as
provided in clause 13.3 (b), (d), (e) and (g), each employer shall, in respect
of each employee employed by it, pay contributions into a fund to which the employee
is eligible to belong; and, if the employee is eligible to belong to more than
one fund, the fund nominated by the employee, at the rate of nine (9) per cent
of the employee’s basic earnings.
(b) Where an
employee is absent on sick leave and only entitled pursuant to the provisions
of this award to receive payment for such sick leave at half pay, the
employers' contributions pursuant to this award in respect of that employee
during the period of such sick leave shall be reduced to nine (9) per cent of
the half pay to which the employee is entitled.
(c) Subject to
clause 13.3 (g), contributions shall be paid at intervals and in accordance
with the procedures and subject to the requirements prescribed by the relevant
fund or as trustees of the fund may reasonably determine.
(d) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(e) Contributions
shall commence to be paid from the beginning of the first pay period commencing
on or after the employee's date of engagement.
(f) The employee
shall advise the employer in writing of the employee's application to join a
fund pursuant to this award.
(g) An employer
shall make contributions pursuant to this award in respect of:
(i) casual
employees who earn in excess of $1,437.00 during their employment with that
employer in the course of any year, running from 1 July to the following 30
June (all such casual employees are hereinafter called "qualified
employees"); and
(ii) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(h) Notwithstanding
the provisions of paragraph (a) of this subclause, an employer shall only be
required to contribute superannuation at the rate of 3% in respect of an
employee of seventy years of age or older.
(i) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes such employees, the employer shall notify its
employees of such approval and shall, if an employee so requests, provide the employee
with a copy of the Trust Deed of such fund and of a letter from the Insurance
and Superannuation Commissioner, granting interim or final listing to the fund,
at a cost of 80 cents per page of such copies.
(j) When a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this award within two weeks of the
date of commencement of employment and also of the provisions of clause 13.3
(e) in the case of a full-time employee and clause 13.3 (g) in the case of a
casual employee.
13.4 Transfers
between Funds
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee wishes
the employer to pay contributions in respect of the employee to a new fund but
shall not be entitled to do so within three years after the notification made
by the employee pursuant to clause 13.3 (f) or within three years after the
last notification made by the employee pursuant to this clause. The employer shall only be obliged to make
such contributions to the new fund where the employer has been advised in
writing:
(a) of the
employee's application to join the other fund; and
(b) that the employee
has notified the trustees of the employee's former fund that the employee no
longer wishes the contributions which are paid on the employee's behalf to be
paid to that fund.
14.
Anti-Discrimination
(a) 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
responsibility as a carer.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed in this award the parties have obligations 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 term of
operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee who has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to effect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation
(ii) any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977;
(iii) a party to
this award from pursing matters of unlawful discrimination.
(e) 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.
(i) Employers and
employees may also be subject to Commonwealth Anti-Discrimination legislation.
(ii) 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."
15. Area, Incidence
and Duration
15.1 This Award
rescinds and replaces the Principals (Independent Schools) (State) Interim
Award 2006 published on 3 November 2006 (361 I.G. 669).
15.2 This award
shall apply to all Principals employed in any recognised independent school or
special school registered under the provisions of the Education Act 1990
in the State, except Catholic schools, provided further that the Award shall
not apply to:
(a) Members of a
recognised religious order and/or Clerks in Holy Orders, and/or Ministers of
Religion [including a Minister/Teacher or a Missionary/Teacher who is a member
of the Seventh Day Adventist Church and who teaches in a school operated by a
local Conference of the Australasian Division of the Seventh Day Adventist
Church], provided that application may be made on behalf of any such member to
be included within the scope of this award; or
(b) Principals who
have a demonstrated right to appoint and/or dismiss teachers of the school; or
(c) Principals or
Teachers in Charge employed in Steiner Schools; or
(d) Teachers
employed in single teacher schools, in which case the Teachers (Independent
Schools) (State) Award or any instrument that replaces that Award will apply.
15.3 This Award
shall take effect from 23 February 2007 and shall remain in force thereafter
until 31 January 2010.
PART B
MONETARY RATES
Table 1 -
Principals Salary
Enrolment date
|
Gross Salary
|
Gross Salary
|
Gross Salary
|
Gross Salary
|
Gross Salary
|
previous year’s
|
per annum
|
per annum
|
per annum
|
per annum
|
per annum
|
census date
|
Current
|
from
|
from
|
from
|
from
|
|
|
the first full
|
the first full
|
the first full
|
the first full
|
|
|
pay period
|
pay period on
|
pay period
|
pay period
|
|
|
on or after
|
or after
|
on or after
|
on or after
|
|
|
1 February
|
1 February
|
1 February
|
1 February
|
|
|
2007 (4%)
|
2008 (4%)
|
2009 (4%)
|
2010 (4%)
|
|
$
|
$
|
$
|
$
|
$
|
PRIMARY
|
|
|
|
|
|
1-49
|
83,999
|
87,359
|
90,853
|
94,487
|
98,266
|
50-99
|
89,805
|
93,397
|
97,133
|
101,018
|
105,059
|
100-250
|
100,184
|
104,191
|
108,359
|
112,693
|
117,201
|
251-400
|
103,723
|
107,872
|
112,187
|
116,674
|
121,341
|
401-600
|
108,318
|
112,651
|
117,157
|
121,843
|
126,717
|
601-800
|
112,466
|
116,965
|
121,644
|
126,510
|
131,570
|
801+
|
118,649
|
123,395
|
128,331
|
133,464
|
138,803
|
SECONDARY
|
|
|
|
|
|
1-49
|
83,999
|
87,359
|
90,853
|
94,487
|
98,266
|
50-99
|
89,805
|
93,397
|
97,133
|
101,018
|
105,059
|
100-300
|
108,572
|
112,915
|
117,432
|
122,129
|
127,014
|
301-600
|
115,181
|
119,788
|
124,850
|
129,563
|
134,746
|
601-900
|
121,512
|
126,372
|
131,427
|
136,684
|
142,151
|
901-1200
|
124,740
|
129,730
|
134,919
|
140,316
|
145,929
|
1201+
|
129,942
|
135,140
|
140,546
|
146,168
|
152,015
|
Table 2 - Allowance
for Teachers in Charge
Description
|
Gross
|
Gross
|
Gross
|
Gross
|
Gross
|
|
Allowance per
|
Allowance per
|
Allowance per
|
Allowance per
|
Allowance per
|
|
annum Current
|
annum from
|
annum from
|
annum from
|
annum from
|
|
|
the first full
|
the first full
|
the first full
|
the first full
|
|
|
pay period on
|
pay period on
|
pay period on
|
pay period on
|
|
|
or after
|
or after
|
or after
|
or after
|
|
|
1 February
|
1 February
|
1 February
|
1 February
|
|
|
2007 (4%)
|
2008 (4%)
|
2009 (4%)
|
2010 (4%)
|
|
$
|
$
|
$
|
$
|
$
|
Clause 3.1(b):
|
11,700
|
12,168
|
12,655
|
13,161
|
13,687
|
Allowance for
|
|
|
|
|
|
Teachers in
|
|
|
|
|
|
Charge
|
|
|
|
|
|
Table 3 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Allowance from the
first
|
|
|
|
full pay period on
or after
|
|
|
|
1 February 2007$
|
1.
|
3.5(a)
|
Own Car Allowance: Where use
|
0.58per km
|
|
|
authorised by the school
|
|
ATTACHMENT A
SETTLEMENT
PROCEDURE : AGREEMENT BETWEEN THE AIS AND THE IEU
1. UNDERLYING
PRINCIPLES
The Association of Independent Schools and the New South
Wales Independent Education Union each has responsibilities toward their
respective members which are recognised and respected. The two organisations also have a number of
interests in common. These include the
recognition and acceptance of the following:
A. The quality and
public perception of Independent Schooling is of significance and both
recognise that there is mutual responsibility to protect, promote, develop and
enhance this sector of schooling in N.S.W.
B. There is mutual
benefit to their memberships in there being a working relationship between the
two organisations which is built on professional attitudes and clearly
established and recognised procedures.
C. The
individuality and authority of each Independent School, as well as the
individuality and rights of each staff member.
D. The attitudes
and interests in common include:
(i) An interest
in helping to maintain a working environment in which quality education can be
provided in a manner consistent with the School's Aims and Objectives and its
philosophy.
(ii) A common view
that quality education is most likely to be provided where there is
recognition, encouragement and support for the professional attitudes rights
and growth of staff members as well as for their personal needs and
developments and the industrial rights of all parties.
E. The right of
employee(s) and the employer(s) to seek assistance and advice from their
respective Associations.
2. OPERATIONAL
PROCEDURES BETWEEN THE AIS AND THE IEU
The right of each organisation to deal with its members
as it sees fit notwithstanding, it is agreed that the following will be the
general principles upon which each organisation will approach the attempts to
resolve difficulties that have not been resolved by direct discussion between
the employer and employee concerned.
A. Both
organisations recognise that it is generally preferable for perceived problems
to be discussed between the staff member and the employer with a view to
resolving the matter and that it is only when the normal employer employee
process does not achieve a mutually satisfactory result that it is appropriate
for the matter to be discussed formally between the AIS and the IEU. This does not preclude earlier informal
discussions where appropriate nor does it preclude discussion between the IEU
and its members in a school as to the most appropriate method of resolving a
problem.
B. The IEU
undertakes to refer to the AIS matters in which it seeks information from an
Independent School or to discuss the matters that are of concern to its members
and to do this wherever possible before encouraging school staff and IEU
chapters to pass resolutions about the matter.
C. The AIS
undertakes to respond by seeking discussions with the school to ascertain its
wishes as to how (and where necessary, through whom) it wishes to proceed in
dealing with the matter and to advise the IEU of the school's decision.
D. The steps that
will then follow will be determined to suit the particular matter but in
general can be expected to be as follows:
The AIS and IEU will discuss the matter with a view to:
(a) identifying
the facts of the matter to ensure that it is not misunderstandings that have
created the problem;
(b) clarifying the
issues and wishes of each of those involved;
(c) exploring the
options that appear to be available;
(d) where
possible, assisting the parties to arrive at a mutually satisfactory solution;
(e) nothing in the
above diminishes the right of either party to refer any matter to the
Industrial Relations Commission.
E. As a general
rule the school, the employee, the AIS and the IEU will maintain
confidentiality to ensure that the dignity of the employee, the school and its
personnel are maintained wherever possible.
The AIS and IEU will, where deemed advisable, prepare
sufficient documents to confirm the agreement and assist in its implementation.
ATTACHMENT B
REDUNDANCY
1.1 This Part
shall apply in respect of full-time and part-time persons employed in the
classifications specified by the award.
1.2 This part
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
1.3 Notwithstanding
anything contained elsewhere in this award, the provisions of this part shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
1.4 This part
shall not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
2. EMPLOYERS
DUTY TO NOTIFY AND DISCUSS
2.1 Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
2.2 The employer
shall discuss with the employees effected and the union to which they belong the
introduction of such changes and the likely effect on the employees and the
measures taken to avert or mitigate the adverse effects of such changes.
2.3 ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
3. DISCUSSIONS
BEFORE TERMINATIONS
3.1 Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
3.2 The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subclause 3.1 of
this Attachment and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
3.3 For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, and
the number of employees normally
employed and the period over which the terminations are likely to be carried
out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
4. NOTICE FOR
CHANGES IN PRODUCTION, PROGRAM, ORGANISATION OR STRUCTURE
4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, program, organisation or structure in
accordance with clause 2 of this Attachment.
4.1.1 In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
continuous service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
4.1.2 In addition to the
notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years continuous service, shall be entitled to an
additional week’s notice.
4.1.3 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2 Notice for
Technological Change
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘technology’
in accordance with clause 2 of this Attachment.
4.2.1 In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
4.2.2 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
4.3 Time off
during the notice period
4.3.1 During the
period of notice of termination given by the employer an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
4.3.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4 Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this part had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
4.6 Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible giving
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
4.7 Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by Centrelink.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in clause 2 of this Attachment, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee’s employment had been terminated, and the
employer may at the employer’s option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rate for the number of weeks of notice still owing.
5. SEVERANCE PAY
5.1 Where an
employee is to be terminated pursuant to clause 4 of this Attachment, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
5.1.1 If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
5.1.2 Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
5.1.3 ‘Weeks Pay’
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over award
payments, shift penalties and allowances provided for in the relevant award.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1 of
this Attachment.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 5.1
above will have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser amount
(or no amount) of severance pay than that contained in subclause 5.1 of this
Attachment if the employer obtains acceptable alternative employment for an
employee.
M.
SCHMIDT J
____________________
Printed by
the authority of the Industrial Registrar.