Bradfield College (Department of Education and Training) Salaries and Conditions Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1617 of 2008)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

This award is arranged as follows:

 

Clause No.       Subject Matter

 

Section 1 - Application and operation of award

 

1.        Arrangement

2.        Title

3.        Definitions

4.        Area, Incidence and Duration

5.        Introduction

 

Section 2 - Type and categories of employment, employment relationship

 

6.        Employment Arrangements and Right of Return

7.        Types of Employment

8.        Full time Employees

9.        Part-time Employees

10.      Casual Employees

11.      Payment for Related Duties - Casual Employees

12.      Learning Co-ordinators

 

Section 3 - Performance and Development

 

13.      Teacher Quality

14.      Training and Professional Development

 

Section 4 - Wages and related matters

 

15.      Qualification and Experience Requirements

16.      Remuneration

17.      Salary packaging

18.      Travelling Time and Travelling Expenses

 

Section 5 - Hours of work

 

19.      College Year

20.      Hours of Work

21.      Annual Leave

22.      Extended Leave and Long Service Leave

23.      Sick Leave

24.      Family and Community Service Leave

25.      Personal Carers Leave

26.      Adoption, Maternity and Parental Leave

27.      Other Leave

 

Section 7 - Work Environment

 

28.      Occupational Health and Safety

29.      Occupational Health and Safety - Labour Hire and Contract Businesses

30.      Anti-Discrimination

 

Section 8 - Dispute resolution and facilitative provisions

 

31.      Dispute Resolution Procedures

32.      Educational Initiatives

33.      Industrial Rights

34.      Deduction of Union Membership Fees

35.      No Further Claims

 

SCHEDULES

 

Schedule 1 - Annual Salaries

Schedule 2 - Hourly Rates for Casual Teachers and Co-ordinators

Schedule 3 - Team Leader Allowance

Schedule 4 - Excess Travel and Compensation for Travel on Official Business

 

2.  Title

 

This award shall be known as the Bradfield College (Department of Education and Training) Salaries and Conditions Award 2006.

 

3.  Definitions

 

3.1      "Assistant Director" means a person appointed to a position designated as such.

 

3.2      "College calendar" means the schedule for teaching and associated activities supporting the curriculum offerings at Bradfield College.

 

3.3      "Casual employee" means a teacher, coordinator or counsellor who does not have a regular program and is engaged and paid on an hourly basis.

 

3.4      "Director" means the Director of Bradfield College.

 

3.5      "Director-General" means the Director-General of the NSW Department of Education and Training.

 

3.6      "Department" means the NSW Department of Education and Training.

 

3.7      "Division" means the TAFE Commission Division of the NSW Government Service.

 

3.8      "Division Head" means the Division Head of the TAFE Commission Division of the NSW Government Service.

 

3.9      "Employee" means a teacher, learning coordinator, counsellor or assistant director who is temporarily engaged at Bradfield College for a period of up to three years.

 

3.10    "Employer" means the Director-General of the NSW Department of Education and Training and the Division Head of the TAFE Commission Division.

 

3.11    "Excess hours" means actual teaching hours in excess of a normal teaching load.

 

3.12    "Full time employee" means an employee who is engaged to work the hours provided by clause 20 Hours of Work.

 

3.13    "Learning Co-ordinator" means a person appointed to a position responsible for the educational and administrative leadership of specified areas within the College.

 

3.14    "Northern Sydney Institute" comprises the following colleges - Bradfield, Crows Nest, Hornsby, Meadowbank, North Sydney, Northern Beaches and Ryde.

 

3.15    "Officer" means a person employed in the TAFE Commission Division or the Teaching Service other than as a temporary or casual employee and who is employed on a full time or part time basis at Bradfield College.

 

3.16    "Operating days" includes every day of the week except Sunday and public holidays.

 

3.17    "Parties" means the Director-General of the NSW Department of Education and Training, Division Head of the TAFE Commission Division and the General Secretary of the New South Wales Teachers Federation.

 

3.18    "Part time employee" means an employee who is engaged to work for less than the ordinary working hours of a full time employee and who has a regular program.

 

3.19    "Period of engagement" means the period, up to three years, for which an employee is temporarily engaged to work at Bradfield College.

 

3.20    "Regular program" means the duties allocated to full time and part-time employees including teaching duties and duties incidental to teaching as part of a pre planned program for the academic year or part thereof.

 

3.21    "TAFE" or the "TAFE Commission" means the Technical and Further Education Commission.

 

3.22    "Teacher" means a person or officer who is employed in a full-time, part-time or casual teaching position at Bradfield College to assist the Director in the work of the College.

 

3.23    "Teachers Federation" means the New South Wales Teachers Federation.

 

3.24    "Teaching Service" means the Teaching Service of New South Wales.

 

3.25    "Team leader" means a teacher selected by the Director to co-ordinate a team of teachers responsible for the educational instruction, student welfare and vocational needs of students.

 

4.  Area, Incidence and Duration

 

4.1      This award applies to employees temporarily engaged to work at Bradfield College.

 

4.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Bradfield College (Department of Education and Training) Salaries and Conditions Award 2006 published 26 January 2007 (361 I.G. 1404), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 6 November 2008.

 

4.3      This award shall remain in force until 31 December 2008.

 

5.  Introduction

 

Bradfield College is a unique public educational institution. The salary, leave and working conditions of employees at the College are agreed by the parties to meet the current needs of the College and its teachers.

 

6.  Employment Arrangements and Right of Return

 

6.1      All employees are employed on the basis of a temporary period of engagement of up to three years.

 

6.2      Employees will be employed under either the Teaching Service Act 1980 or the Public Sector Employment and Management Act 2002.

 

6.3      An employee who was appointed as an officer with the Department or TAFE prior to accepting a temporary engagement at the College shall be eligible to return to another position with the Department or TAFE as appropriate.

 

6.4      A transferred officer shall be entitled to the benefits of Determination 1 of 2001 - Transferred Officers Compensation, pursuant to section 25 of the Teaching Service Act 1980 or Determination 4 of 2001 - Transferred Officers Compensation, pursuant to section 16(1) of the Technical and Further Education Commission Act 1990 (or successor provisions).

 

6.5      Nothing in this award shall operate to remove the right of the Division Head/Director-General to transfer an employee of either TAFE or the Department, respectively, to another location.

 

7.  Types of Employment

 

Employees will be engaged as either:

 

(i)       Full time employees

 

(ii)      Part time employees

 

(iii)      Casual employees

 

8.  Full Time Employees

 

A full time employee is engaged to work the hours provided in clause 20 - Hours of Work and is paid at the appropriate rate in Schedule 1.

 

9.  Part-Time Employees

 

Part time employees shall be entitled to all conditions of a full time employee on a prorata basis.

 

10.  Casual Employees

 

10.1    Casual employees will be paid in accordance with this clause. It is the intention of the parties that no casual teacher shall be engaged at Bradfield to deliver the equivalent of a full time teaching program for 12 or more weeks in a semester except where a part time or full time employee is not able to be employed following recruitment action.

 

Except as expressly provided for elsewhere in this award, payment and working conditions of casual employees will be in accordance with the provisions for part time casual employees contained in the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 as varied from time to time provided that payment will be made for approved hours of attendance. Relevant rates are extracted and contained in Schedule 2.

 

11.  Payment for Related Duties - Casual Teachers

 

11.1    Casual teachers teaching a total of 10 or more hours in a week at Bradfield College or elsewhere in Northern Sydney Institute shall be entitled to payment for related duties, provided that they attend to perform the related duties. Such related duties shall be paid at the teaching duties rate according to the following table, consistent with the provisions for part time casual employees contained within the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006:

 

Teaching Duties Hours	Related Duties Hours
19 hours or more per week	6 hours 20 minutes
18 hours	6 hours
17 hours	5 hours 40 minutes
16 hours	5 hours 20 minutes
15 hours	5 hours
12 to less than 15 hours	3 hours
10 to less than 12 hours	1 hour

 

11.2    Payment for related duties paid to casual teachers teaching 10 hours or more a week are for duties associated with the casual teacher’s teaching section as well as for duties related to the casual teacher’s direct teaching activities.

 

11.3    Duties associated with the casual teacher’s teaching section as well as duties related to the casual teacher’s direct teaching activities shall include:

 

attendance in the classroom before the commencement and after the completion of class

 

setting and marking of class tests

 

assessing and marking students’ practical work

 

preparing special lectures and lecture demonstrations

 

completing records and returns

 

setting and marking assignments

 

initial recording of results

 

familiarisation with the syllabus

 

organisation of lesson plan

 

preparation of lesson notes, and teaching aids

 

making copies of notes

 

preparation for practical work, drawing and practical exercises

 

11.4    The apportionment of the related duties to be undertaken and the required attendance shall be by agreement between the casual teacher and their supervisor/s and become part of the teacher’s approved program. Where practical, attendance is to be arranged so that the teacher can attend staff meetings, professional development and other related duties on the day/s the teacher is programmed to teach. Split shifts are not to be included as part of a casual teacher’s approved program unless requested by the casual teacher.

 

11.5    Where the Director of Bradfield College or their representative, requests a casual teacher to attend the College to undertake or participate in:

 

a staff meeting and/or a learning area meeting

 

Bradfield College developments days and Bradfield College other professional development activities

 

Bradfield College January development day/s

 

Bradfield College information evening and projects

 

parent/teacher meetings

 

exam supervision and marking

 

report writing

 

at a time when the casual teacher is not scheduled to teach or perform related duties, the casual teacher who agrees to attend to undertake these activities will be paid at the Duties Other Than Teaching (DOTT) rate, as prescribed in Schedule 2, for the duration of the additional hours of agreed attendance. Casual teachers will continue to be paid at the part time casual teaching duties rate for their scheduled teaching and related duties hours.

 

11.6    From 5 February 2007, casual teachers teaching a total of 10 or more hours at Bradfield College or elsewhere in any Institute of TAFE shall be entitled to payment for related duties in accordance with clause 11.1.

 

12.  Learning Co-ordinators

 

12.1    Learning Co-ordinators are responsible for the educational and administrative leadership of specified areas within the College.  Where appointed, and as a minimum, Learning Co-ordinators shall be:

 

required to supervise a major discipline area within the College; or

 

responsible for curriculum development and student support directly linked to classroom practice across the College.

 

12.2    Recognising that the establishment and deletion of Learning Coordinator positions is at the discretion of the Director, an annual review of Learning Coordinator positions will include an assessment of:

 

(a)      current and future curriculum needs

 

(b)      supervisory responsibilities

 

(c)      the duration of the position

 

13.  Teacher Quality

 

13.1    To provide feedback on a teacher’s performance, the Director or their nominee shall ensure that the teacher’s performance is appraised by annual review. This appraisal will be implemented as follows:

 

13.1.1 The Director, or their nominee, shall be responsible for annually reviewing the performance and development of teachers undertaking their work.

 

13.1.2 The TAFE Teachers and Related Employees Annual Review Policy (TAFE Gazette No. 32, 10 October 2001) or its replacement shall apply to all teachers, except casual teachers.

 

13.1.3 The annual review for teachers shall be reported by way of the teacher assessment review form.

 

13.1.4 The parties agree to negotiate on variations, if any, to the policies and procedures in place at the commencement date of the award relevant to annual review of teacher performance.

 

14.  Training and Professional Development

 

14.1    The parties confirm their commitment to training and development for Bradfield College employees.  The employees recognise their obligation to maintain and update skills.

 

14.2    The Director shall, following consultation with the employees, develop a training plan for the College which will take into account the individual training needs of teachers as identified by the annual review as provided for by subclause 13.1.2 of this award. The training plan will be reviewed annually by the Director in consultation with the employees.

 

14.3    Three days each year, during the standard term time for public schools and TAFE Institutes, shall be scheduled by the Director for the purpose of meeting system needs and those peculiar to the College.

 

14.4    The professional development scheme developed and implemented at Bradfield College will continue to operate. Individual performance shall be reviewed in accordance with that scheme on an annual basis. Individual training needs will be assessed and discussed in accordance with that scheme.

 

15.  Qualification and Experience Requirements

 

15.1    All teachers will be required to hold a recognised teaching qualification that fulfils the same requirements with respect to academic qualifications as apply to teachers teaching the same Key Learning Areas or disciplines within the Department or TAFE as appropriate.

 

15.2    All teachers teaching the same disciplines as taught in TAFE will be required to fulfil the same requirements as apply to teachers teaching the same disciplines in TAFE.

 

15.3    All teachers teaching the same Key Learning Area(s) as those taught in the Department may  be required to have a minimum of three years full time equivalent teaching experience in the Key Learning Area(s) that they will be required to teach at the College.

 

16.  Remuneration

 

16.1    Salaries, rates of pay and allowances shall be paid in accordance with Schedules 1, 2 and 3.

 

16.2    A teacher appointed as team leader shall be paid an allowance as set out in Schedule 3 -  Team Leader Allowance.

 

16.3    Determination of Starting Salary -

 

For the purposes of this clause, ‘experience’ shall mean:

 

any periods as a teacher in the Key Learning Area(s) or disciplines which the employee will be required to teach at Bradfield College in addition to the minimum specified in clauses 15.2 and 15.3;

 

16.3.1 All teachers appointed to Bradfield College shall commence at the rate prescribed for Level A in Schedule 1 unless they possess additional experience that justifies appointment at a higher level.

 

16.3.2 The determination of starting salary shall be made by the Director having regard to the provisions of clauses 16.3.3 and 16.3.4 of this award.

 

16.3.3 A teacher who was employed in the Teaching Service or TAFE Commission Division prior to engagement at Bradfield College shall commence on a Level that is not less than the salary the teacher was receiving pursuant to the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2006 or Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 respectively.

 

16.3.4 In relation to the appointment of teachers to levels, the following shall apply:

 

Level A: Applicants with minimum qualifications and minimum experience.

 

Level B: Applicants with minimum qualifications and no less than 1 year of experience above the minimum requirement.

 

Level C: Applicants with minimum qualifications and no less than 2 years of experience above the minimum requirement.

 

Level D: Applicants with minimum qualifications and no less than 3 years of experience above the minimum requirement.

 

Level E: Applicants with minimum qualifications and no less than 4 years of experience above the minimum requirement.

 

Level F: Applicants with minimum qualifications and no less than 5 years of experience above the minimum requirement,

 

provided that, in exceptional circumstances, salary levels higher than the above can be approved by the Director, Northern Sydney Institute.

 

16.4    Movement Between Salary Levels -

 

16.4.1 A teacher at Bradfield College shall be entitled to progress or be maintained on the teacher salary scale or the salary level for a learning co-ordinator or assistant director position after each 12 months of service subject to the teacher demonstrating by means of annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth. These shall be determined as provided for in Clause 13, Teacher Quality of this award.

 

16.4.2 Periods of full-time leave without pay greater than five days shall not be counted as service for the purposes of this clause.

 

16.5    Arrangements for employees to act in higher positions and to receive higher duties allowances shall be in accordance with provisions applicable to school teaching staff in the Teaching Service.

 

17.  Salary Packaging

 

For the purposes of this clause "salary" means the salary or rates of pay prescribed for the employee's classification by Schedules 1 and 2 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

17.1    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.

 

17.2    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.

 

17.3    Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

17.3.1 any fringe benefits tax liability arising from a salary packaging arrangement and;

 

17.3.2 any administrative fees.

 

17.4    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:

 

17.4.1 Superannuation Guarantee Contributions;

 

17.4.2 any salary-related payment including but not limited to allowances and workers compensation payments; and

 

17.4.3 payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

18.  Travelling Time and Travelling Expenses

 

Where an employee is required and authorised to travel on College business in the performance of their duties, compensation for travel shall be determined in accordance with the provisions of Schedule 4 Excess Travel and Compensation for Travel on Official Business.

 

19.  College Year

 

19.1    Bradfield College will operate for a period of 50 weeks in a calendar year, during which the College may be open and utilised to conduct educational programs, and have a two-week close-down period surrounding Christmas and the New Year. The dates of the close-down period will be determined annually by the Director.

 

19.2    Employees covered by this award shall not be required to be in attendance during the close-down period.

 

20.  Hours of Work

 

20.1    The parties agree to a flexible and adaptive approach in relation to working hours and working arrangements for Bradfield College. These arrangements are based on the averaging of weekly teaching hours for full time:

 

Teachers	- 20 hours;
Team leaders	- 20 hours;
Learning Co-ordinators	- 14 hours;
Assistant Directors	- a minimum of 4 and a maximum of 8 hours,

 

over a period of up to 12 weeks. By agreement with the Director, employees may also enter into an arrangement whereby a program, including excess teaching hours, may be worked and accumulated in accordance with the provisions of subclause 20.6 hereof.

 

20.2    An employee’s program of teaching shall be agreed prior to the commencement of each term between the employee and the Director and recorded by the teacher on the appropriate Establishment Control (EC) form, or other form(s) as may be required for payroll purposes.

 

20.3    The daily span of working hours in the College for employees under this award is between 7.30 a.m. and 10.00 p.m. on Monday to Friday inclusive and from 7.30 a.m. to 6.00 p.m. on Saturday, provided that an employee cannot be required to work in excess of eight hours on any one day without the agreement of that employee.

 

20.4    Employees may be required to work on any five days from Monday to Saturday inclusive as part of their normal program, provided that by agreement of the Director, weekly attendance requirements may be met in four days per week. Should an employee be required to work on a Saturday, the Director may, if requested, provide in the employee’s program for two consecutive duty free days a week.

 

20.5    Full time employees shall attend for work 420 hours over a 12-week work cycle of 72 operating days, provided that:

 

20.5.1 no employee will be required to be in attendance for more than 60 operating days;

 

20.5.2 an employee may, with the agreement of the Director, attend at the College for less than 420 hours in a 12-week cycle but, in any case, shall attend at the College for no less than 360 hours over a 12-week cycle;

 

20.5.3 no teacher (including any teacher designated as a team leader) shall be required to teach more than 24 hours in any one week;

 

20.5.4 no learning co-ordinator shall be required to teach more than 18 hours each week;

 

20.5.5 no assistant director shall be required to teach more than 8 hours each week.

 

20.6    By agreement between the employee and the Director prior to the commencement of the term, a program may be entered into which includes teaching hours in excess of a normal load.  Such hours may be accumulated to a maximum of 35 hours and then taken as time in lieu, provided that:

 

20.6.1 All time in lieu shall be taken on an hour-for-hour basis during a non-teaching session.

 

20.6.2 Where an employee is unable to take the time in lieu before the end of the 12 week accumulation period or the end of the vacation period immediately following the term during which the hours were accumulated (whichever is the sooner), then such teaching hours as are accumulated shall be paid for at the casual teaching rate as set out in Schedule 2 - Hourly Rates for Casual Teachers, Co-ordinators and Counsellors.

 

20.6.3 Where, with the agreement of the Director, incidental time associated with programmed excess teaching hours has been worked at the College and recorded by the teacher on the appropriate Establishment Control (EC) form, it may be counted towards time in lieu arrangements.

 

20.6.4 No employee shall be required to work beyond the limitations set out in subclause 20.5 hereof.

 

20.7    Emergency excess teaching hours occur when there is an unplanned absence of a teacher and another teacher agrees to take a class with less than 24 hours notice. In such circumstances, emergency excess teaching hours shall be paid for at the casual teaching rate as set out in Schedule 2 - Hourly Rates for Casual Teachers, Co-ordinators and Counsellors.

 

20.8    Where employees, other than casual employees, are requested to work on approved Bradfield College activities which require their attendance on Sundays or public holidays, they shall be eligible for compensatory leave.

 

An employee shall not unreasonably refuse to work at this time.

 

Compensatory leave will be granted on the basis of one day for each public holiday or Sunday the employee is directed to be in attendance at the activity.

 

Compensatory leave is to be taken as time in lieu within a reasonable time after the activity and at a time negotiated with the Director, and may be taken in conjunction with annual leave to credit.

 

20.9    Employees may not be directed to undertake teaching duties for more than 14 consecutive weeks without taking a break of at least one week, or may not elect to undertake such duties for more than 18 consecutive weeks without taking a break of at least one week from teaching duties. During the break employees may, for example:

 

take annual leave or other leave to credit;

 

undertake professional development;

 

undertake duties incidental to teaching;

 

undertake administrative duties; or

 

undertake other duties as assigned by the Director.

 

20.10   The Director (in consultation with the employees) may vary the combination of working hours to suit the needs of Bradfield College or the employees.

 

21.  Annual Leave

 

21.1    Subject to the provisions of the Annual Holidays Act 1944, employees, other than casual employees, of the College shall be entitled to annual leave as follows:

 

21.1.1 Twenty working days annual leave per annum (which accrues at the rate of one and two-thirds working days per month), subject to each employee accruing not more than 30 working days annual leave.

 

21.1.2 Annual leave will be taken at a time and for a period agreed between the employee and the Director.

 

22.  Extended Leave and Long Service Leave

 

22.1    Officers shall retain their extended leave to credit as at the date of their engagement at Bradfield College.

 

22.2    Extended leave or long service leave shall be granted in accordance with the following:

 

(a)      for employees who are officers in the Teaching Service: the Teaching Service Act 1980 and Determination 6 of 2006 Salaries and Particular Leave Provisions for Bradfield College Employees, pursuant to section 13 of the Teaching Service Act 1980,

 

(b)      for full time employees or officers in the TAFE Commission Division: the Public Sector Employment and Management Act 2002 and the Extended Leave Policy (TAFE Gazette No. 44, 9 November 1994) or its successor,

 

(c)      for casual employees and part time employees who are not officers: the Long Service Leave Act 1955.

 

23.  Sick Leave

 

23.1    Employees, other than casual employees, are entitled to sick leave at the rate of 15 working days paid sick leave per year, i.e., 1 January to 31 December. The full annual entitlement is available from 1 January each year. Sick leave will not accrue on a monthly basis. The unused component of the annual entitlement is fully cumulative.

 

23.2    An officer who had an entitlement to cumulative sick leave on appointment to Bradfield College shall retain such entitlement for use when required.

 

23.3    Where the sick leave balance to be transferred is expressed in hours (for example if accrued in prior employment as a casual employee) the balance must be converted to days using the formula:

 

Sick leave balance to be transferred in hours

7

 

24.  Family and Community Service Leave

 

24.1    The Director may grant paid family and community service leave to an employee, other than a casual employee, for reasons related to:

 

(i)       family responsibilities of the employee; or

 

(ii)      the performance of community service by the employee; or

 

(iii)      personal emergencies

 

24.2    Quantum - The amount of family and community service leave available to an employee shall be:

 

(i)       during the first 12 months of service - three working days;

 

(ii)      after completion of 12 months service - six working days in any two year period; and

 

(iii)      after completion of two years service - nine working days in any three year period.

 

Where family and community service leave is exhausted, sick leave in accordance with subclause 25.1 may be used.

 

Where family and community service leave has been exhausted, additional such leave up to two days may be granted on a discrete "per occasion" basis on the death of a family member (as defined in subclause 25.2).

 

24.3    An officer who is engaged at Bradfield College shall have their previous service with the Department or TAFE recognised for the purpose of calculating the leave entitlement pursuant to subclause 24.2.

 

25.  Personal Carer’s Leave

 

25.1    An employee may use the available sick leave from the current year, plus any accumulated sick leave from the previous three years to provide care and support for family members when they are ill.  Such illness shall be supported, if required, by a medical certificate or a statutory declaration that the illness is such as to require the care of another person for a specific period. The choice of medical certificate or statutory declaration is the employee’s. Neither the medical certificate nor statutory declaration is required to reveal the exact nature of the illness. Wherever practicable, prior notice of the intention to take leave should be given by the employee.

 

25.2    The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)      the employee being responsible for the care of the person concerned; and

 

(b)      the person concerned being:

 

a spouse of the employee; or

 

a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

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 employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

a relative of the employee who is a member of the same household where, for the purposes of this section:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

An employee 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 employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the College Director of such absence at the first opportunity on the day of absence.

 

25.3    Use of Other Leave - To care for an ill family member, an employee may also use annual leave, extended leave or unpaid leave with the consent of the Director.

 

25.4    Use of Time in Lieu - To care for an ill family member, an employee may also, with the supervisor's consent, take time off in lieu as agreed on an hour-for-hour basis.

 

25.5    Use of Make-up Time - To care for an ill family member, an employee may, with the supervisor's consent, elect to work "make-up time". This means the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours, at the ordinary rate of pay.

 

26.  Adoption, Maternity and Parental Leave

 

Employees shall be entitled to adoption, maternity and parental leave in accordance with the TAFE

 

NSW Adoption, Maternity and Parental Leave Procedures.

 

27.  Other Leave

 

Employees, other than casual employees, shall be entitled to the following forms of leave in accordance with the policies published in the TAFE Commission Gazette, as amended from time to time:

 

Leave Type	TAFE Commission Gazette
Trade union activities	No. 4 of 1993
Special leave*	No. 4 of 1993
Military leave	No. 10 of  2004
Study leave	Nos. 31 and 36 of 1991,
	No. 49 of 1992

 

* Under the Special Leave policy casual teachers may, in some circumstances, be entitled to special leave.

 

28.  Occupational Health and Safety

 

28.1    The parties acknowledge their obligations to create, maintain and promote a safe working environment in accordance with their obligations under the Occupational Health and Safety Act 2000 and other relevant occupational health and safety legislation.

 

28.2    Management of the College have an obligation to ensure that appropriate prevention and management systems are in place to effectively manage health and safety issues, including the provision of protective clothing and equipment, risk assessment, risk management and the provision of relevant training.

 

28.3    All employees are required to co-operate with management in the maintenance of a safe and healthy work environment. Where employees have undertaken relevant training, they shall apply their training in the workplace.

 

29.  Occupational Health and Safety - Labour Hire and Contract Businesses

 

29.1    For the purposes of this clause, the following definitions shall apply:

 

29.1.1 A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

29.1.2 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.

 

29.2    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):

 

29.2.1 consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

29.2.2 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;

 

29.2.3 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

 

29.2.4 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.

 

29.3    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.

 

29.4    Disputes Regarding the Application of this Clause

 

29.4.1 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.

 

29.4.2 This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council or its successor.

 

30.  Anti-Discrimination

 

30.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

30.2    It follows that in fulfilling their obligations under the dispute resolution procedures prescribed under clause 31, 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.

 

30.3    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 or unlawful discrimination or harassment.

 

30.4    Nothing in this clause is to be taken to affect:

 

30.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

30.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

30.4.3 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

 

30.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

30.5    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.

 

31.  Dispute Resolution Procedures

 

31.1    Subject to the provisions of the Industrial Relations Act 1996:

 

31.1.1 Should any dispute, question or difficulty arise concerning industrial matters occurring in a particular workplace, the employee and/or Teachers Federation workplace representative shall raise the matter with the Director/Assistant Director as soon as practicable.

 

31.1.2 The Director/Assistant Director will discuss the matter with the employee and/or Teachers Federation representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

31.1.3 Should the procedures in 31.1.2 be unsuccessful in producing resolution of the dispute, question or difficulty, then the employee and/or the Teachers Federation representative may raise the matter with an appropriate officer at institute or regional level with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time for proceeding.

 

31.1.4 Where the procedures in 31.1.3 do not lead to resolution of the dispute, question or difficulty, the matter shall be referred to the Deputy Director-General, Workforce Management and Systems Improvement of the Department and the General Secretary of the Teachers Federation. They or their nominees shall discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

31.2    Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

32.  Educational Initiatives

 

The parties agree that, during the term of this award, they will work co-operatively to develop and implement agreed strategies aimed at improving the productivity of the College.

 

33.  Industrial Rights

 

33.1    An accredited Teachers Federation representative at the College shall, upon notification thereof to the Director, be recognised as an accredited Teachers Federation representative.

 

33.2    An accredited Teachers Federation representative shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees.

 

33.3    An accredited Teachers Federation representative shall be allowed a reasonable period of time during working hours to interview a duly accredited Teachers Federation official.

 

34.  Deduction of Union Membership Fees

 

34.1    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.

 

34.2    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.

 

34.3    Subject to 34.1 and 34.2 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.

 

34.4    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.

 

34.5    Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

34.6    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.

 

35.  No Further Claims

 

Except as provided by the Industrial Relations Act 1996, there shall be no further claims prior to 31 December 2008 by the parties to this Award for changes to salaries, rates of pay, allowances, or conditions of employment in relation to matters expressly contained in this award.

 

SCHEDULES

 

Schedule 1 - Annual Salaries

 

Classification	Salary from	Salary from	Salary  from
	the first pay period to	the first pay period to	the first pay period to
	commence on or after	commence on or after	commence on or after
	1.1.06	1.1.07	1.1.08
	$	$
Increase	3 %	3%	3%
Teacher Level A	55,777	57,450	59,174
Teacher Level B	59,753	61,546	63,392
Teacher Level C	63,397	65,299	67,258
Teacher Level D	65,883	67,859	69,895
Teacher Level E	70,854	72,980	75,169
Increase	4.5%	4.5%	4%
Teacher Level F	76,589	80,036	83,237
Increase	4%	4%	4%
Learning Coordinator	86,599	90,063	93,666
Assistant Director	95,260	99,070	103,033

 

Schedule 2 - Hourly Rates for Casual Teachers, Co-ordinators and Counsellors

 

	Hourly rate as from the	Hourly rate as from the	Hourly rate as
	first pay period to	first pay period to	from the first pay period
	commence on or after	commence on or after	to commence on or
	1.1.06	1.1.07	after 1.1.08
	$	$	$
Teaching Duties	59.68	62.37	64.86
Co-ordination/
Consultancy Duties	56.11	58.63	60.98
Counsellors	49.19	50.67	52.19
Duties Other Than
Teaching (DOTT)	47.12	49.24	51.21

 

Schedule 3 - Team Leader Allowance

 

	Rate as from the first	Rate as from the first	Rate as from the
	pay period to	pay period to	first pay period to
	commence on or	commence on or	commence on or
	after 1.1.06	after 1.1.07	after 1.1.08
	$	$	$
Increase	4%	4%	4%
Team Leader Allowance	3,421	3,558	3,700
per annum

 

Schedule 4 - Excess Travel and Compensation for Travel on Official Business

 

1.        Definitions -

 

1.1      For the purpose of this Schedule:

 

1.1.1   "Excess Travel" means, for the purpose of subclause 3.3, those distances:

 

(i)       when travelling from home to work and vice versa, that distance in excess of the distance between the teacher's home and headquarters;

 

(ii)       on any day where the teacher is required during the day to travel from one college, campus or other workplace to another.

 

1.1.2   "Headquarters" means Bradfield College.

 

1.1.3   "Teacher" means all persons or officers employed in a full time, part time or casual teaching position at Bradfield College to assist the Director in the work of the College.

 

1.1.4   "Teaching Program" means the teacher’s approved program. This includes direct teaching and other duties as well as approved releases (eg for prescribed course of teacher education) and would normally be the program as approved by the teacher’s supervisor

 

2.        Introduction -

 

2.1      Except where authorised, teachers are responsible for meeting costs incurred in travel between their residence and usual place of work.

 

2.2      Teachers may be authorised to use their private vehicle for travel on official business in the performance of their normal duties where other modes of travel are unsuitable or unavailable.

 

2.3      The use of a teacher’s private motor vehicle on official business is not mandatory.

 

3.        Excess Travel Time -

 

3.1      When a teacher, in order to perform their teaching program is required to travel outside the teacher's duty hours:

 

from the teacher's home to a college, campus or other workplace; and/or

 

from a college, campus or other workplace to the teacher's home; and/or

 

between colleges, campuses or other workplaces on any one day; and/or

 

between parts of a college, campus or other workplace which are at different sites; and/or

 

between colleges, campuses, institutes or other workplaces and any annexes of a college, campus, institute or other workplace which are at different sites,

 

and where the teacher is not granted by mutual arrangement between the teacher and the College time off the teaching duties equal to and in lieu of the actual time spent in excess travelling, the teacher shall be paid for excess time occupied in travelling, in accordance with this Schedule but subject to the following conditions:

 

3.1.1   There shall be deducted from the teacher's travelling time on any one day the time normally taken for the periodic journey from home to headquarters and return.

 

3.1.2   Periods of less than fifteen minutes on any one day shall be disregarded.

 

3.1.3   Travelling time shall not include any period of travel between:

 

(i)       11.00pm on any one day and 7.30am on the following day when the teacher has travelled overnight and accommodation has been provided for the teacher; or

 

(ii)       11.00pm on any one day and 6.00am on the following day for a teacher who is required to perform teaching duties between 6.00am and 7.30am as part of their teaching program when the teacher has travelled overnight and accommodation has been provided for the teacher.

 

3.1.4   Travelling time shall be calculated by reference to the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

3.1.5   No time spent in performing duties shall be counted as travelling time.

 

3.2      Payment for excess travelling time shall be at the teacher’s ordinary rate of pay on an hourly basis, calculated as follows:

 

3.2.1   For full time teachers:

 

Annual salary	x	7	x	1
		365		35

 

3.2.2   For part time casual teachers:

 

Duties Other Than Teaching (DOTT) rate

 

3.3      Payment for Excess Travel -

 

3.3.1   All travelling costs reasonably incurred because of excess travel for the use of a private motor vehicle shall be paid on the basis of cents per kilometre at two rates as set out in clause 9 of this schedule for:

 

(i)       up to 8,000 km per annum;

 

(ii)       over 8,000 km per annum.

 

3.3.2   For the purposes of payment under this subclause, excess travel on any day where the teacher is required during the day to travel from one college, campus or other workplace to another, shall be determined in accordance with the provisions of subclauses 3.3.1 to 3.3.8 inclusive.

 

3.3.3   On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

 

3.3.4   Provided that when the above deduction in subclause 3.3.3 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the following schedule:

 

 

3.3.5   This daily deduction discounts the normal one way distance travelled from home to headquarters for which teachers shall not be paid.

 

3.3.6   Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

(i)       If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

(ii)       Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

3.3.7   A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes travel between the sites is required.

 

3.3.8   The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

4.        Waiting Time -

 

4.1      Where a teacher qualifies for payment in accordance with this Schedule for excess time occupied in travelling and necessary waiting time occurs, such waiting time shall be treated as travelling time subject to the following conditions:

 

4.1.1   Where there is no overnight stay with accommodation at a centre away from home or headquarters one hour shall be deducted from the necessary waiting time between the time of arrival at the centre and the commencement of duty and one hour shall be deducted from the necessary waiting time between the time of ceasing duty and the time of departure for home or headquarters or another centre.

 

4.1.2   Where overnight accommodation is provided at a centre any time from the completion of arrival at the centre until departure for home or headquarters or another centre shall not count as travelling time except that:

 

(i)       where duty is performed on the day of such departure any necessary waiting time (less one hour) from completion of such duty until departure shall be counted;

 

(ii)       where no duty is performed on the day of such departure necessary waiting time (less one hour) after 9.00am until such departure shall be counted,

 

and provided further that where accommodation as mentioned in subclause 3.1.3 above is provided waiting time after 11.00pm shall not be counted.

 

5.        Official Business Rate -

 

5.1      The official business rate is payable where the use of a teacher's private motor vehicle on official business is authorised and the teacher is required to travel on official business using their motor vehicle on a regular basis of at least once per week throughout the College year or travel a minimum of 400 kilometres during the College year, except where:

 

5.1.1   an official vehicle is available;

 

5.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and/or restriction in the performance of the teacher's duties and professional responsibilities.

 

5.2      Where a teacher commences duty other than at the start of the College year the minimum period of 400 kilometres to be travelled, as provided by subclause 5.1 above, shall be adjusted proportionately.

 

5.3      The rate paid is that specified at clause 9 of this schedule.

 

6.        Casual Rate -

 

6.1      The casual rate is payable to teachers who are authorised to use their private motor vehicle to travel on official business intermittently as opposed to regular use (as provided by clause 5 of this Schedule) for which the official business rate is paid, except where:

 

6.1.1   an official vehicle is available;

 

6.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and/or restriction in the performance of the teacher's duties and professional responsibilities.

 

6.2      Circumstances where teachers, who are not authorised for reimbursement of travel expenses at the official business rate, may be given approval to use their private vehicle on official business at the casual rate include travel to attend staff development courses, selection committee interviews, GREAT appeals and hearings.

 

6.3      The rate paid is that specified in clause 9 of this Schedule.

 

7.        Payment of 2601 cc or more Motor Vehicle Rate -

 

7.1      Where the teacher's normal duties are performed within the Sydney Region (as defined by the Department of  Planning) the maximum per kilometre rate payable shall be the 1601 to 2600 cc rate.

 

7.2      Where the official travel, in whole or in part, is outside the Sydney Region, consideration shall be given to payment of the 2601 cc or more rate in respect of a vehicle with an engine capacity of 2601 cc or more.  Such consideration shall be related to the total annual distance travelled by the teacher on official business, the terrain and other factors advanced by the teacher as relevant.

 

7.3      Provided that the provisions of subclauses 7.1 and 7.2 above shall not apply to teachers who have an existing approval for payment of the previous above 2700 cc rate arising from clause 4 (b) (i) of Industrial Agreement 7036 of 1983.

 

8.        Daily Deduction -

 

8.1      On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

 

8.2      Provided that when the above deduction in subclause 8.1 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the following schedule:

 

 

8.3      This daily deduction discounts the normal one way distance travelled from home to headquarters for which teachers shall not be paid.

 

8.4      Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

8.4.1   If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

8.4.2   Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

8.5      A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes, travel between the sites is required.

 

8.6      The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

9.        Official Business and Casual Rates -

 

Clause of	Rate/Vehicle Engine Capacity	Cents Per Km
Schedule
which applies
5	Official Business Rate	0 - 8,000 km per	8,001 km or
		annum	more per annum
	1600 cc or less	55.3	23.1
	1601 - 2600 cc	77.3	27.4
	2601 cc or more	83	29.5
6	Casual Rate
	1600 cc or less	23.1
	1601- 2600 cc	27.4
	2601 cc or more	29.5

 

Provided that these rates shall be adjusted pursuant to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 published 10 March 2006 (357 I.G. 1108) or its successor as amended from time to time or in accordance with the rates as approved from time to time by the Director-General of the Department of Premier and Cabinet.

 

 

 

 

J. McLEAY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.