Crown Employees NSW Adult Migrant English Service
(Teachers and Related Employees) Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department of Education and Communities.
(No. IRC 548 of 2014)
Before Commissioner Tabbaa
|
17 July 2014
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1. Arrangement
2. Statement
of Intent
3. Dictionary
4. Professional
Responsibilities of Teachers
5. Duties as
Directed
6. Teachers and
Related Employees - Annual Review
7. Performance
Management for Operations Managers
8. Salaries
9. Salary
Packaging
10. Salary
Scale Progression Arrangements
11. Allowances
12. Unpaid
Absences
13. Part-Time
Work
14. Hours
15. Averaging
of Hours
16. Annual
Leave and Weeks of Non-Attendance
17. Sick Leave
18. Family and
Community Service Leave
19. Personal/Carer’s
Leave
20. Adoption,
Maternity and Parental Leave
21. Conditions
of Employment - Casual Teachers
22. Professional
Development
23. AMES Year
24. Transfer
Procedures
25. Anti-Discrimination
26. Dispute
Resolution Procedures
27. Goods and
Services Tax
28. Flexible
Working Arrangements
29. Deduction
of Union Membership Fees
30. No Further
Claims
31. Secure
Employment Test Case - Occupational Health and Safety Obligations
32. Annual
Leave Loading
33. Sick Leave
- Workers Compensation
34. Special
Leave
35. Trade
Union Activities Regarded as Special Leave
36. Trade
Union Activities Regarded as On Duty
37. Trade
Union Training Courses
38. Leave for
Matters Arising from Domestic Violence
39. Lactation
Breaks
40. Leave
without pay
41. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
2. Statement of
Intent
2.1 The purpose of this
award is to provide salaries and conditions of employment for AMES teachers and
related employees that will:
2.1.1 attract and retain highly skilled employees
2.1.2 acknowledge the professional status and responsibilities of
AMES teachers and related employees and their commitment to the achievement of
excellence in the delivery of teaching and training programs and related
services;
2.1.3 support the active involvement and participation of AMES
teachers and related employees in the professional growth of the organisation;
2.1.4 take into account the changes that are taking place in
respect of AMES service delivery;
2.1.5 take into account the specific finding and contractual
arrangements that may apply to AMES and the competitive environment in which it
operates.
2.2 Except where
specific provision is otherwise made in this award, the administration of
attendance, leave and absences of AMES teachers and related employees shall be
managed in accordance with the relevant provisions of the Government Sector
Employment Regulation 2014.
3. Dictionary
3.1 "AMES"
means the New South Wales Adult Migrant English Service.
3.2 "Casual
Teacher" means a person employed to teach a course or courses on an hourly
basis. A "400 hour Casual Teacher" means a casual teacher who has
completed the equivalent of 400 hours teaching service in any teaching year. A
"Less than 400 hour Casual Teacher" means a casual teacher who has
completed less than 400 hours teaching service in any teaching year.
3.3 "Degree
Course" means a university or college of advanced education degree course
approved by the Director.
3.4 "Department"
means the Department of Education and Communities.
3.5 "Director"
means the Director Community and Migrant Education.
3.6 Domestic Violence
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007.
3.7 "Educational
Counsellor" means an ongoing or temporary employee employed, or seconded
as such.
3.8 "Education
Officer" means an ongoing or a temporary employee, employed or seconded as
such.
3.9 "Equivalent"
when referring to qualifications means qualifications and/or experience deemed
by the Director to be equivalent to specified qualifications.
3.10
"Federation" means the New South Wales Teachers Federation.
3.11 "Five Year
Trained" in relation to a teacher means a teacher whose teaching
qualifications include a degree with honours of a recognised university which
requires a minimum of four years full-time study, and has in addition,
completed one year’s teacher training at a university or college of advanced
education approved by the Director or has completed such other course or
courses and/or has vocational experience which the Director may, from time to
time, deem to be equivalent.
3.12 "Four Year
Trained" in relation to a teacher means a teacher whose teaching
qualifications include a degree of a recognised university or college which
requires a minimum of three years full-time study, and has in addition,
completed one year's teacher training at a university or college of advanced
education approved by the Director or has completed such other course or
courses and/or has vocational experience which the Director may, from time to
time, deem to be equivalent.
3.13 "Full-time
Temporary Teacher" means a person employed as such under Section 43 of the
Government Sector Employment Act 2013.
3.14 "Graduate"
means a person who has obtained a degree of a recognised university or college
or possesses qualifications deemed by the Director to be equivalent to such a
degree.
3.15 "Ongoing
employee" means a person employed in any capacity under Part 4, of the
Government Sector Employment Act 2013, and includes an employee on probation
but does not include a temporary employee.
3.16 "Operations
Manager" means an employee employed as such.
3.17 "Ongoing
Teacher" means an employee employed as such in the AMES pursuant to the
provisions of the Government Sector Employment Act 2013.
3.18 "Program"
means a learning arrangement or composite of learning arrangements under the
management of Teaching Centre Manager.
3.19 "Region"
means an area designated as such by the Director including one or more venues.
3.20 "Secretary"
means the Secretary of the Department of Education and Communities.
3.21 "Senior
Education Officer" means an ongoing employee or a temporary employee
employed or seconded as such.
3.22 "Teacher"
means an ongoing, temporary or casual employee employed as such.
3.23 "Teachers
and related employees" means all ongoing and temporary employees covered
by this award and includes casual, ongoing and full-time temporary teachers,
education officers and senior education officers, co-ordinators of studies,
co-ordinators of course information and admissions and operations managers.
3.24 "Teaching
Centre" means a location designated as such by the Director that may
include one or more teaching venues.
3.25 "Teaching
Centre Manager" means an ongoing employee or temporary employee assigned
or seconded as such.
3.26 "Teaching
Services Coordinator" means an ongoing employee or temporary employee
assigned or seconded as such.
3.27 "Temporary
Employee" means a person temporarily employed under Section 43 of the
Government Sector Employment Act 2013.
3.28 "Year of
Service" means full-time employment for a period of 52 weeks or the
equivalent. Future employees shall be deemed to have the incremental status
indicated by the rate of pay at which they are employed.
4. Professional
Responsibilities of Teachers
4.1 In order to
foster and sustain a collaborative professional culture and in keeping with
their professional status and their commitment to the achievement of excellence
in the delivery of teaching and training programs and related services, teachers
shall as part of their professional responsibilities:
(i) maintain and exhibit the highest standards of conduct;
(ii) ensure that in the performance of their teaching and
associated duties, AMES policies, standards and practices are observed;
(iii) work collaboratively with their colleagues in helping to
ensure that essential organisational goals and objectives are met;
(iv) provide peer support and leadership to less experienced
teachers or to teachers experiencing performance difficulties;
(v) participate in working groups and staff meetings as
required, to develop and enhance professional knowledge and to improve
practices and procedures;
(vi) contribute to
the development of curricula, teaching materials and resources which support
the achievement of excellence in the delivery of teaching and training programs
and related services; and
(vii) participate in the ongoing moderation of the assessment of
student achievements.
5. Duties as
Directed
5.1 The Director or
her/his nominee may direct any employee to carry out such duties as are within
the limits of the person's skill, competence and training consistent with the
classifications covered by this award and provided that such duties are not
designed to promote deskilling.
5.2 The Director or
her/his nominee may direct any employee to carry out such duties and use such
tools, materials and equipment as may be required, provided that the employee
has been properly trained in the use of such tools, materials and equipment.
5.3 Any directions
issued by the Director pursuant to this clause shall be consistent with the
Director's responsibility to provide a safe and healthy working environment.
5.4 The Director
may from time to time deploy teachers to duties other than face-to-face
teaching duties in accordance with guidelines designed to increase the
efficiency of AMES. Deployments will be for a predetermined period not
exceeding one year.
5.5 Teachers
perform a broad range of duties that include the following activities:
Direct Teaching
Activities
|
Duties Related to
Teaching
|
Direct teaching activities include but are not
|
Duties related to teaching include but are not
|
limited to:
|
limited to:
|
face to face teaching in any environment or
|
preparation;
|
setting, including but not limited to:
|
marking;
|
classrooms,
|
assessment and recording of student learning
|
individual learning centres,
|
outcomes;
|
educational computer rooms,
|
support and advice to clients;
|
workshops,
|
attendance administration;
|
industry,
|
course development and review;
|
in the field;
|
training and professional development;
|
distance mode and online;
|
development of learning materials;
|
assessment of new students;
|
attendance at staff meetings and moderation
|
workplace training and
assessment.
|
sessions;
|
|
recognition of prior learning;
|
|
referral of new students;
|
|
workplace consultancy and advisory services;
|
|
work placement coordination and
supervision.
|
5.6 Education
Officers, Senior Education Officers and Operations Managers perform a range of
duties as stated in their Statement of Duties.
6. Teachers and
Related Employees - Annual Review
6.1 To provide feedback
on performance, the Director or nominee will ensure that the performance of all
teachers and related employees, except casual teachers and their manager or
nominee, is appraised by annual review.
6.2 This annual
review shall be supported by:
(i) conferences between the teacher or related employee and
their manager or nominee;
(ii) review of
documentation such as lesson planning, lesson material and student work, plans,
evaluations and reports, as appropriate; and
(iii) for teachers, observations of educational programs.
6.3 The annual
review for teachers and related employees shall be reported by way of a NSW
AMES Teachers and Related Employees Assessment Review Form.
6.4 Concerns about
the performance and or conduct of teachers and related employees shall be
managed in accordance with the Government Sector Employment Act 2013
7. Performance
Management for Operations Managers
7.1 The performance
of operations managers shall be reviewed annually under a performance
management scheme.
7.2 The objectives
of the performance management scheme for operations managers are to:
(i) establish
clear individual performance goals linked to, and consistent with, AMES goals
and priorities and regional plans and objectives;
(ii) identify each employee's current and medium term development
needs and career goals and develop strategies to support these;
(iii) assist with the achievement of AMES long term objectives and
annual priorities;
(iv) provide for each employee a valid basis for performance
assessment against job-related criteria;
(v) provide job-related guidance and performance feedback in a
continuing way.
7.3 Appropriate
training will support the implementation of the scheme.
7.4 Concerns about
the performance and or conduct of operations managers shall be managed in
accordance with the Government Sector Employment Act 2013.
8. Salaries
8.1 The salaries
and other rates that apply to teachers, education officers, senior
education officers and operations managers shall be paid in accordance with
this clause and Tables 1 and 2 of Part B of this award.
9. Salary
Packaging
For the purposes of this clause "salary" means the
salary or rates of pay prescribed for the employee's classification by Part B,
Table 1 of this award and any allowances paid to an employee which form part of
the employee’s salary for superannuation purposes.
9.1 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.
9.2 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.
9.3 Salary
packaging must be cost neutral for the employer. Employees must reimburse the
employer in full for the amount of:
9.3.1 any fringe benefits tax liability arising from a salary
packaging arrangement; and
9.3.2 any administrative fees.
9.4 Where the
employee makes an election to salary package, the following payments made by
the employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
9.4.1 Superannuation
Guarantee Contributions;
9.4.2 any salary-related payment including but not limited to
allowances and workers compensation payments; and
9.4.3 payments made in relation to accrued leave paid on termination
of the employee’s employment or on the death of the employee.
10. Salary Scale
Progression Arrangements
10.1 Ongoing teachers
and full-time temporary teachers who meet the admission requirements as determined
by the Director shall commence at a level not less than the first step on the
common salary scale, provided that teachers who are four-year trained or
five-year trained shall commence on the common salary scale at a level not less
than:
Four-year trained
|
2nd salary level
|
Five-year trained
|
3rd salary level
|
10.2 Education
officers who meet the admission requirements as determined by the Director
shall commence at a level not less than the first step on the common salary scale,
provided that graduate education officers - not teacher-trained and graduate
education officers - teacher-trained, shall commence on the common salary scale
at a level not less than:
Graduate - not teacher-trained
|
2nd salary level
|
Graduate - teacher-trained
|
3rd salary level
|
10.3 Employees shall
be entitled to progress after each 12 months of service along the salary steps
of the common salary scale, subject to the employee demonstrating continuing
satisfactory performance in accordance with the Teacher Quality - Annual Review
provisions set out in clause 6.
10.4 Any employee
whose initial employment is approved on or after 1 January 1992, and who does
not satisfy the teacher training requirements as determined by the Director, will
not progress more than two salary steps along the common salary scale.
11. Allowances
11.1 An education
officer who:
11.1.1 has
completed 12 months service at the salary prescribed on the maximum of the
common salary scale; and
11.1.2 has
demonstrated to the satisfaction of the Director by the work performed, its
quality and the results achieved, that the aptitude and abilities of the
employee warrant additional payment;
shall be paid an allowance as set out in Item 1 of
Table 2 - Other Rates of Part B, Monetary Rates, and after a further 12 months
an additional allowance as set out in the said Item 1. This allowance shall
count as salary and be paid for all purposes.
11.2 The Teaching
Centre Manager may nominate a teacher to undertake responsibilities associated
with the supervision and administration of smaller teaching venues and/or
smaller evening or weekend teaching programs.
11.3 A teacher
nominated by the Teaching Centre Manager who accepts and undertakes such
responsibilities shall for the period that the responsibilities are undertaken
be paid an allowance as set out in Item 2 of Table 2 - Other Rates, of Part B,
Monetary Rates. This allowance shall not count as salary.
11.4 The Director may
release the nominated teacher from face-to-face teaching duties as necessary to
undertake these responsibilities.
12. Unpaid
Absences
12.1 Unpaid absences
in excess of five days per annum shall not be taken into account for the
purposes of calculating length of service except in relation to leave approved
pursuant to subclause 19.2.
13. Part-Time Work
13.1 Any ongoing
employee may apply to work part-time at any time, subject to the appropriate
work being available for the position and it is convenient to AMES.
13.2 Arrangements of
between 0.2 and 0.8 equivalent full-time may in general be worked in patterns
mutually convenient to the AMES and the teacher.
13.3 Part-time
teachers shall be required to undertake, on a pro-rata basis, the full range of
duties undertaken by full-time teachers.
13.4 Salary and
conditions for approved part-time work shall attract a pro-rata entitlement of
that associated with full-time ongoing or temporary employment.
13.5 "Pro-rata
entitlement" shall be taken to mean a calculation in which the quantum of
hours, leave, pay or other remuneration is determined by multiplying the
quantum applicable to full-time teachers by the appropriate equivalent
full-time (e.g. 0.2 to 0.8).
13.6 Service shall
not be regarded as having been broken by ongoing part-time work.
14. Hours
14.1 The daily span
of working hours for teachers, education officers, senior education officers,
and operations managers is between 6.00 a.m. and 10.00 p.m. on Monday to
Saturday inclusive. Teachers and related employees who are required as part of
their program to work on a Saturday shall, if they so request, be entitled to
have two consecutive days off in the following week.
14.2 Teachers,
education officers and senior education officers may elect to work on a Sunday
or on a Monday to Friday between the hours of 10.00pm and 7.30am but shall not
be directed to do so.
14.3 A teacher may
apply to the Director to exclude Saturday from their ordinary attendance
pattern for a period not exceeding 12 months on compassionate grounds where
there are exceptional and compelling circumstances. Written applications for
such exclusion must contain full and substantiated grounds and supporting
documents, where appropriate.
14.4 The standard
hours of attendance for ongoing and full-time temporary teachers shall be 30
hours per week inclusive of 20 face to face teaching hours per week, except
where such face to face teaching hours are reduced with the approval of the
Director for the purpose of undertaking alternative duties.
14.5 The standard
hours of attendance for education officers, senior education officers and
operations managers shall be 35 hours per week.
14.6 Standard hours
of attendance excludes time taken for meal breaks.
14.7 Ordinary
attendance patterns within the daily span of hours for teachers, education
officers and senior education officers shall be arranged by their manager.
14.8 Teachers shall
be invited to submit their attendance pattern preferences in June and December
each year. In arranging ordinary attendance patterns within the daily span of
hours Teaching Centre Managers shall, to the extent possible and practicable,
accommodate such preferences. Where there are difficulties in accommodating
attendance pattern preferences there will be consultation with the teachers at
the teaching location(s) concerned to enable them collectively or individually
to make recommendations to resolve the difficulties. In the event that the
difficulties are not resolved through consultation with teachers, the Teaching
Centre Manager shall apply the principle of rotation and no teacher shall
unreasonably refuse.
14.9 Teachers and
related employees may be required to work on any five days from Monday to
Saturday as part of their program. However, with the approval of the Teaching
Centre Manager and subject to AMES requirements being met, a teacher's ordinary
attendance pattern may be undertaken across four days and/or day/evening
configuration.
14.10 The hours of
attendance for non-teaching duties may be arranged by teachers in consultation
with the Teaching Centre Manager provided that the requirements of AMES are met
at all times.
14.11 Face-to-face
teaching hours required to be worked by ongoing and full-time temporary
teachers as part of their teaching program during the following time bands shall
be paid at time and one-quarter of their ordinary rate:
6.00 am and 7.30 am Monday to Friday.
14.12 Work undertaken by
ongoing and full-time temporary teachers as part of their teaching program
during the following time bands shall be paid at time and one-quarter of their
ordinary rate:
6.00 am and 5.30 pm Saturday.
14.13 Work undertaken by
ongoing and full-time temporary teachers as part of their teaching program
during the following time bands shall be paid at double time of their ordinary
rate:
5.30 pm Saturday to 6.00 am
Monday;
10.00 pm to 6.00 am weekdays;
Midnight Friday to 6.00 am
Saturday.
14.14 Face to face
teaching that is undertaken by a full time temporary teacher that is in excess
of their 20 hours of face to face teaching per week shall be paid at time and
one quarter of the teacher’s normal salary rate.
15. Averaging of
Hours
15.1 Notwithstanding
the provisions of subclause 14.4 of clause 14 Hours, the 20 face to face
teaching hours per week may be averaged on a semester or program basis,
provided that the arrangement is known in advance and provided that for the
duration of the averaging period the teacher shall continue to receive her/his
normal fortnightly or weekly pay.
15.2 In scheduling
such hours the Teaching Centre Manager shall to the extent possible and
practicable, accommodate teacher’s attendance preference patterns. Where there
are difficulties in scheduling such hours, the Teaching Centre Manager shall
consult with the teachers at the teaching location(s) concerned to enable them
collectively or individually to make recommendations to resolve the
difficulties. In the event that the difficulties are not resolved through
consultation with teachers, the Teaching Centre Manager shall apply the
principle of rotation and no teacher shall unreasonably refuse.
15.3 The Teaching
Centre Manager shall ensure that the face to face teaching hours in any one
week do not exceed 24 per week.
15.4 If a teacher
leaves the AMES prior to completion of the relevant settlement period an
appropriate credit or debit adjustment to the teacher's payment on termination
shall be made.
15.5 The adjustment
shall reflect the difference between the total of the hours actually worked (including
any period of approved leave in the relevant period) and the total of the hours
that would have been worked in the relevant period but for the averaging
arrangement.
15.6 Where applicable
loadings in accordance with clauses 14.11, 14.12 and 14.13 shall apply to hours
worked as part of an averaging arrangement.
16. Annual Leave
and Weeks of Non-Attendance
16.1 In lieu of the
provisions under the Annual Holidays Act 1944 the following classifications of
employees shall not be required to attend their place of employment for the
number of weeks as set out in the following schedule:
Classification
|
Annual Leave Weeks
|
Weeks of Non
Attendance
|
|
|
and Public Holidays
|
Ongoing Teacher
|
4
|
7
|
Full-time Temporary Teacher
|
4
|
7
|
Operations Manager
|
4
|
Nil
|
Senior Education Officer
|
4
|
Nil
|
Education Officer
|
4
|
Nil
|
16.2 From the date of
commencement of this award all public holidays, other than Christmas Day, Boxing
Day and New Year’s Day which fall within the annual close down period, shall be
included in the teacher’s non attendance periods with no loss of entitlement to
the public holiday.
16.3 Except where
provision is otherwise made in this award, agreed non-attendance will be deemed
to be in lieu of additional work.
16.4 Ongoing teachers
and full-time temporary teachers who are deployed for periods not exceeding 12
weeks to positions which would otherwise not be in receipt of equivalent leave
and agreed non-attendance will retain their leave and agreed non-attendance as
provided by clause 16.1 hereof.
17. Sick Leave
17.1 Ongoing
teachers, full-time temporary teachers, education officers, senior education
officers and operations managers shall be entitled to 15 days sick leave per
annum with the unused component of the annual entitlement being fully
cumulative.
17.2 Additional sick
leave in the first two years of service:
17.2.1 The provisions of this
paragraph shall only apply to ongoing and full-time temporary teachers.
17.2.2 The maximum grant
of additional sick leave during the first 2 years of service is 15 days.
17.2.3 Additional sick
leave provided by this clause is available at any stage during the teacher's
first two years of service but will only be granted in circumstances where:
(a) there is no current concern regarding the teacher's use of
sick leave;
(b) all sick leave entitlements have been exhausted.
18. Family and
Community Service Leave
18.1 The Director
shall, in the case of emergencies or in personal or domestic circumstances,
grant to an employee some or all of the available family and community service
leave on full pay.
18.2 Such cases may
include, but are not limited to, the following:
18.2.1 compassionate
grounds, such as the death or illness of a close member of the family or a
member of the staff member's household;
18.2.2 accommodation
matters up to one day, such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
18.2.3 emergency
or weather conditions such as when flood, fire or snow, etc. threaten and/or
prevent an employee from reporting for duty;
18.2.4 other
personal circumstances, such as citizenship ceremonies, parent/teacher
interviews or attending a child's school for other reasons.
18.3 Attendance at
court by an employee to answer a charge for a criminal offence, if the Director
considers the granting of family and community service leave to be appropriate
in a particular case.
18.4 Employees who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
18.5 Employees who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absences during normal working hours.
18.6 The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to an employee shall be the greater of the leave
provided in subparagraph 18.6.1 and 18.6.2:
18.6.1 two and a half
working days in the employee's first year of service and, on completion of the
employee's first year of service, five working days in any period of two years;
18.6.2 after
the completion of two years' continuous service, the available family and
community service leave is determined by allowing one day's leave for each
completed year of service, less the total amount of short leave or family and
community service leave previously granted to the employee.
18.7 If the available
family and community service leave is exhausted as a result of natural
disasters, the Director shall consider applications for additional family and
community service leave, if some other emergency arises.
18.8 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with sub clause 19.1 of clause 19
Personal/Carer's Leave, shall be granted when paid family and community service
leave has been exhausted.
18.9 On the death of
a person defined in subparagraph 19.1.3 (b) of clause 19 Personal/Carer's
Leave, additional paid family and community service leave of up to two days may
be granted on a discrete, per occasion basis to an employee.
18.9.1 The employee must
notify the Director as soon as practicable of the intention to take bereavement
leave and will, if required by the Director, provide to the satisfaction of the
Director proof of death.
18.9.2 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
18.9.3 Bereavement leave
may be taken in conjunction with other leave available under paragraphs 19.2,
19.3, 19.4 and 19.5. In determining such a request, the Director will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the AMES.
19. Personal/Carer's
Leave
19.1 Use of Sick
Leave for the purpose of providing care and support to a member of a class of
person set out in sub paragraph 19.1.3 (b), who is ill.
19.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in sub paragraph 19.1.3 (b) below, who needs the employee's care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for in clause 17 Sick Leave,
for absences to provide care and support for such persons when they are ill.
Such leave may be taken for part of a single day.
19.1.2 The employee
shall, if required, establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another
person.
19.1.3 The entitlement to
use sick leave in accordance with this paragraph is subject to:
(a) the employee being responsible for the care of the person
concerned; and
(b) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(3) a child or an adult child (including an adopted child, a stepchild,
a foster child or an ex-nuptial child), parent (including a foster parent and
legal guardian), grandparent, grandchild or sibling of the employee or spouse
or de facto spouse of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide basis; or
(5) a relative of the employee who is a member of the same
household where, for the purposes of this section:
(i) "relative" means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
(ii) "affinity" means a relationship that one spouse, because
of marriage, has to blood relatives of the other; and
(iii) "household" means a family group living in the same
domestic dwelling.
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 notice of absence, the employee shall
notify the Director by telephone of such absence at the first opportunity on
the day of absence.
19.2 Use of unpaid
Leave for Family Purpose - An employee may elect, with the consent of the
Director, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is
ill.
19.3 Use of Annual Leave
for the purpose of providing care and support to a member of a class of person
set out in sub paragraph 19.1.3 (b) above, who is ill.
19.3.1 An employee may
elect, with the consent of the Director, subject to the Annual Holidays Act
1944, to take annual leave not exceeding ten days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties.
19.3.2 Access to annual
leave, as prescribed in subparagraph 19.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
19.3.3 An employee may
elect with the Director’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
19.4 Use of Time Off
in Lieu of Payment for Overtime for the purpose of providing care and support
to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who
is ill.
19.4.1 An employee may
elect, with the consent of the Director, to take time off in lieu of payment
for overtime at a time or times agreed with the Director within twelve (12)
months of the said election.
19.4.2 Overtime taken as
time off during ordinary time hours shall be taken at ordinary time rate, that is an hour for each hour worked.
19.4.3 If, having elected
to take time as leave in accordance with subparagraph 19.4.1 above, the leave
is not taken for whatever reason, payment for time accrued at overtime rates
shall be made at the expiry of the twelve month period or on termination.
19.4.4 Where no election
is made in accordance with subparagraph 19.4.1 above, the employee shall be
paid overtime rates in accordance with the award.
19.5 Make-up Time -
An employee may elect, with the consent of the Director, to work 'make-up time'
under which the employee takes time off ordinary hours for the purpose of
providing care and support to a member of a class of person set out in sub
paragraph 19.1.3 (b) above, who is ill, and works those hours at a later time,
during the spread of ordinary hours provided in the award, at the ordinary rate
of pay.
20. Adoption,
Maternity and Parental Leave
20.1 Adoption,
maternity and parental leave conditions of employees under this Award shall be
regulated in accordance with the provisions contained within the Government
Sector Employment Act 2013 and the Government Sector Employment Regulation
2014and will be in addition to those set out in the Industrial Relations Act
1996 (NSW) and Regulation.
20.2 On and from 1
January 2006 AMES teachers and related employees shall be entitled to adoption,
maternity and parental leave in accordance with the relevant provisions of the
Crown Employees (Public Service Conditions of Employment) Award 2009 published
31 July 2009 (368 I.G. 884) as varied, or its successor.
20.3 Right to Request
20.3.1 An employee
entitled to adoption, maternity and parental leave may request the Director to
allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
20.3.2 The Director shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Director’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
20.3.3 The employee’s
request and the Director’s decision made under 20.3.1 (ii) and 20.3.1 (iii)
must be recorded in writing.
20.3.4 Where an employee
wishes to make a request under 20.3.1(iii), such a request must be made as soon
as possible but no less than seven weeks prior to the date upon which the
employee is due to return to work from parental leave.
20.4 Communication During Adoption, Maternity and Parental Leave
20.4.1 Where an employee
is on parental leave and a definite decision has been made to introduce a
significant change at the workplace, the Director shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
20.4.2 The employee shall
take reasonable steps to inform the Director about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
20.4.3 The employee shall
also notify the Director of changes of address or other contact details which
might affect the Director’s capacity to comply with 20.4.1.
21. Conditions of
Employment - Casual Teachers
21.1 Annual Leave
No casual teacher shall receive annual leave, as a
component for leave is included in the hourly rates.
21.2 Leave Loading
Casual teachers are not entitled to receive a leave
loading.
21.3 Sick Leave
21.3.1 As at the date of
the recommendation made by the Industrial Relations Commission on 8 May 2009
related to IRC Matter Number 2338 of 2009, casual teachers are not entitled to
receive sick leave.
21.3.2 Notwithstanding,
21.3.1 a casual teacher who, prior to 8 May 2009 had an unused sick leave
accrual, shall be entitled to access this accrual. Once a casual teacher exhausts their existing
unused sick leave accrual no further paid sick leave will be granted.
21.4 Family and
Community Services Leave
21.4.1 There is no
entitlement to family and community services leave prior to completing 400
hours of paid duty in any teaching year. On completing 400 hours of paid duty
in any teaching year, a casual teacher is eligible to apply for family and
community services leave for extraordinary and pressing absences on rostered
working days.
21.4.2 Within a teaching
year, entitlement will accrue as follows:
400 - 531 hours of duty
|
6 hours leave
|
532 - 799 hours of duty
|
8 hours leave
|
800 + hours of duty
|
12 hours of leave
|
21.4.3 Unused credit shall
not carry over from one year to another.
Service shall not carry over from one year to the next, for the purposes
of determining entitlement.
21.5 Special Leave
21.5.1 There is no
entitlement to special leave prior to completing 400 hours of paid duty in any
teaching year. On completing 400 hours of paid duty in a teaching year, a
casual teacher is eligible to apply for special leave for absences of the
nature of those listed below and which occur on rostered working days:
(a) interpreting in court;
(b) examination in a course of study;
(c) graduation;
(d) State
emergencies;
(e) jury service;
(f) blood donation (if not possible in own time); and
(g) any other reason which in the opinion of the Director
warrants the grant of special leave.
21.5.2 Service shall not
carry over from one year to the next, for the purposes of determining
entitlement.
21.6 Parental Leave
21.6.1 Employees will be
entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section
54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996, if they
meet the definition of a regular casual employee (see section 53 (2) of the
Industrial Relations Act 1996). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
21.6.2 The Director must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or employee’s spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of the Director in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
21.7 Leave Without
Pay - Casual teachers are not granted leave without pay.
21.8 Study Leave -
Casual teachers are not granted leave for study.
21.9 Personal Carers
Leave
21.9.1 Casual teachers
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in clause 19.1.3 (b) of the award who is
sick and requires care and support, or who requires care due to an unexpected
emergency, or the birth of a child. This entitlement is subject to the
evidentiary requirements set out in 21.9.4(a), and the notice requirements set
out in 21.9.4(b).
21.9.2 The Director and
the casual teacher shall agree on the period for which the casual teacher will
be entitled to not be available to attend work. In the absence of agreement,
the casual teacher is entitled to not be available to attend work for up to 48
hours (i.e. two days) per occasion. The casual teacher is not entitled to any
payment for the period of non-attendance.
21.9.3 The Director must
not fail to re-engage a casual teacher because the casual teacher accessed the
entitlements provided for in this clause. The rights of the Director to engage
or not to engage a casual teacher are otherwise not affected.
21.9.4 The casual teacher
shall, if required,
(a) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(b) establish by production of documentation acceptable to the
Director or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the casual
teacher.
In normal circumstances, a casual teacher must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
21.9.5 The casual teacher
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the Director of their inability to
attend for duty. If it is not reasonably practicable to inform the Director
during the ordinary hours of the first day or shift of such absence, the casual
teacher will inform the Director within 24 hours of the absence.
21.10 Bereavement
entitlements for casual teachers
21.10.1 Casual teachers
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member described in clause 19.1.3 (b) of the
award on production of satisfactory evidence (if required by the Director).
21.10.2 The
Director and the casual teacher shall agree on the period for which the casual
teacher will be entitled to not be available to attend work. In the absence of
agreement, the casual teacher is entitled to not be available to attend work
for up to 48 hours (i.e. two days) per occasion. The casual teacher is not
entitled to any payment for the period of non-attendance.
21.10.3 The
Director must not fail to re-engage a casual teacher because the casual teacher
accessed the entitlements provided for in this clause. The rights of the
Director to engage or not engage a casual teacher are otherwise not affected.
21.10.4 The
casual teacher must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the Director of their
inability to attend for duty. If it is not reasonably practicable to inform the
Director during the ordinary hours of the first day or shift of such absence,
the casual teacher will inform the Director within 24 hours of the absence.
21.11 Non-engagement on
Attendance - Where a casual teacher reports for duty in a particular engagement
on any day on the basis of a request by an authorised employee and is then
advised that her/his services are not required, then the casual teacher shall
be entitled to payment for that engagement at the appropriate rate.
21.12 Payment
21.12.1 A
casual teacher shall attend and be paid only for face-to-face teaching in one
or more engagements.
21.12.2 Casual
teachers who perform duty after 5.30 pm or on a weekend shall be paid at the
hourly rate of pay appropriate to their classification and year of service.
21.13 Incremental
Progression - a casual teacher on completing a year of service, irrespective of
breaks in that service, shall be entitled to progress to the next incremental
step on the common salary scale.
22. Professional
Development
22.1 AMES and the
Federation confirm a commitment to training and development for all teachers
and related employees. Teachers and related employees recognise the importance
of maintaining and updating their skills. AMES recognises its obligations to
provide teachers and related employees with opportunities to maintain and
update their skills.
22.2 It is the aim of
AMES and the Federation that the teachers and related employees of AMES shall
be provided with opportunities for training and development so that they will
continue to form a highly skilled, competent and committed workforce,
experiencing job satisfaction and providing the highest quality service.
22.3 In order to develop
their skills and to meet the aims and objectives of AMES, teachers and related
employees may be provided with the opportunity to move between tasks and
functions consistent with their classifications and positions. Such
opportunities shall be identified in consultation with teachers and related
employees having regard to the professional and career development needs of
individuals, target groups, efficient organisation of work and personal
considerations.
22.4 AMES will facilitate
the professional development, skills enhancement and career development
opportunities of employees and improve effectiveness through a range of
activities.
23. Ames Year
23.1 The AMES Year
means a period of 50 weeks, excluding the two-week period surrounding
Christmas/New Year, during which educational programs may be conducted.
23.2 Within the 50
weeks of operation, courses will be scheduled to maximise use of existing
accommodation and facilitate access for students.
23.3 In each
preceding year, Teaching Centre Managers will provide program managers with a
plan of courses appropriate to the region for the next academic year.
23.4 Subject to
Clause 23.5, from the date of commencement of this award, annual leave accrued
by teachers during the year must be cleared by 1 February of the following
year.
23.5 In exceptional
circumstances a teacher may be granted permission by the Director to accrue a
limited amount of annual leave to meet the exigencies of the particular
situation. Any such application must be in writing to the Director and set out
the nature of the exceptional circumstances relied upon.
23.6 Teachers who
elected to accrue annual leave prior to or in 2009 shall be entitled to take
such accrued leave, but may only do so in course blocks or in configurations
arranged on an agreed basis between the teacher and the operations manager,
taking into account of the need to minimise disruption to educational programs.
23.7 No teacher may
be directed to teach beyond eleven consecutive weeks without taking a course
break of at least one week.
24. Transfer
Procedures
24.l Requested
Transfers
24.1.1 This procedure
provides for transfer of an ongoing teacher at the request of the teacher.
24.1.2 An ongoing teacher
may apply at any time in writing to transfer from one teaching centre to
another.
24.1.3 A register of
transfer applications will be maintained for each teaching centre. The register
will be published annually and a copy forwarded to each teaching centre.
24.1.4 Transfer applications
will be ranked according to date of receipt.
Where two or more requests are received on the same date priority in
ranking will be determined on the basis of the closest recorded home address to
the vacancy to be filled.
24.1.5 Transfers of eligible
teachers will take place once each year on a nominated transfer date prior to
the nominal first course date in each year.
24.1.6 To be eligible for
transfer a teacher must at the date of transfer be on duty or on a form of
approved leave.
24.1.7 A teacher who is
offered a transfer for which that teacher has applied shall be removed from all
transfer registers.
24.1.8 Requested
Transfers will be published in the Staff Bulletin.
24.2 Operational
Transfers
24.2.1 Operational
transfers may be directed by the Director at any time in order to meet AMES
operational requirements.
24.2.2 Except in cases
where there are special fitness requirements, for example, a requirement for
bilingual teaching, when it is necessary to effect an operational transfer the
Director shall first offer the transfer in accordance with the transfer
register. If the transfer is not accepted, or if there are no applications for
transfer, the Director shall offer the transfer to all teachers in the teaching
centre from which the transfer is to be made. If the transfer is not accepted,
or if there are two or more applications for transfer, the Director shall
nominate for transfer the teacher with the closest recorded home address to the
vacancy to be filled.
24.2.3 In cases where
there is a special fitness requirement the Director shall firstly offer the
transfer to all teachers who meet the special fitness requirement. If the
transfer is not accepted or if two or more applications to transfer are
received, the Director shall nominate for transfer the teacher who meets the
special fitness requirement with the closest recorded home address to the
vacancy to be filled.
24.2.4 A teacher
nominated for operational transfer shall be given a minimum of two weeks notice
before they are required to transfer.
24.2.5 A teacher may
apply to the Director to be excluded from operational transfer on compassionate
grounds for up to twelve months where there are exceptional and compelling
circumstances. Applications for exclusion from operational transfer must
contain full and substantiated grounds and supporting documents, where
appropriate.
24.2.6 Operational
transfers shall be considered temporary until the nominated transfer date in
each year, at which time the transfers shall be offered in accordance with the
procedures set out in subclause 24.1. If a transfer that is offered in
accordance with subclause 24.1 is not accepted, the operational transfer will
be confirmed and will cease to be considered temporary.
25. Anti-Discrimination
25.1 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.
25.2 It follows that
in fulfilling their obligations under the dispute resolution procedure prescribed
by this award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
25.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
25.4 Nothing in this
clause is to be taken to affect:
25.4.1 any
conduct or act which is specifically exempted from anti-discrimination legislation;
25.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
25.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
25.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
26. Dispute
Resolution Procedures
26.1 Subject to the
provisions of the Industrial Relations Act 1996, the following procedures shall
apply:
26.1.1 Should any dispute
(including a question or difficulty) arise as to matters occurring in a
particular workplace then the employee and/or the Federation’s workplace
representative shall raise the matter with the appropriate supervisor as soon
as practicable.
26.1.2 The supervisor
shall discuss the matter with the employee and/or the Federation’s
representative within two working days with a view to resolving the matter or
by negotiating an agreed method and time frame for proceeding.
26.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute, or in
relation to matters where it is inappropriate, or should the matter be of a
nature which involves multiple workplaces, then the employee and or the
Federation may raise the matter with the Director or the Director’s nominee
with a view to resolving the dispute, or by negotiating an agreed method and
time frame for proceeding.
26.1.4 Where the
procedures in paragraph 26.1.3 do not lead to resolution of the dispute, the
matter shall be referred to the Deputy Secretary, Corporate Services of the
Department and the General Secretary of the Federation. They or their nominees
shall discuss the dispute with a view to resolving the matter or by negotiating
an agreed method and time frame for proceeding.
26.2 Should the above
procedures not lead to a resolution then either party may make application to
the Industrial Relations Commission of New South Wales.
26.3 While the dispute
resolution procedure is being followed, the status quo will remain. The status
quo is the situation which prevailed before the cause of the dispute.
26.4 Where the
subject of the dispute involves the Director or the Director's nominee, the
matter may be referred to the Deputy Secretary with responsibility for
Corporate Services/Secretary as appropriate.
27. Goods and
Services Tax
27.1 The parties
shall monitor the overall impact of the Commonwealth Government’s goods and
services tax through the term of the award. In the event that the Industrial
Relations Commission makes a State decision (as defined by section 49 of the
Industrial Relations Act 1996) having regard to the impact on wages of the
goods and services tax, the Federation reserves the right to make application
to the Industrial Relations Commission in relation to that decision.
28. Flexible
Working Arrangements
28.1 Subject to the
operating needs of AMES, where possible, employees should be assisted to deal
with family responsibilities through flexible leave and working arrangements in
accordance with current Government policy.
29. Deduction of
Union Membership Fees
29.1 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.
29.2 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.
29.3 Subject to 29.1
and 29.2 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.
29.4 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.
29.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
29.6 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.
30. No Further
Claims
30.1 Except as
provided by the Industrial Relations Act 1996, prior to 31 December 2016, there
shall be no further claims by the parties to this award for changes to salaries,
rates of pay, allowances or conditions of employment in relation to matters
expressly contained in this award.
31. Secure
Employment Test Case - Occupational Health and Safety Obligations
31.1 For the purposes
of this clause, the following definitions shall apply:
31.1.1 A "labour
hire business" is a businesses (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer
31.1.2 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.
31.2 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):
31.2.1 consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
31.2.2 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.
31.2.3 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
31.2.4 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.
31.3 Nothing in this
clause is intended to affect or detract from any obligation or responsibility upon
a labour hire business arising under the Work Health and Safety Act 2011 or the
Workplace Injury Management and Workers Compensation Act 1998.
31.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
31.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
32. Annual Leave
Loading
32.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses 32.2 to 32.6 of this clause,
the annual leave loading shall be 17½% on the monetary value of up to 4 weeks
recreation leave accrued in a leave year.
32.2 Loading on additional leave accrued - Where
additional leave is accrued by a staff member:-
32.2.1 As compensation for work performed
regularly on Sundays and/or Public Holidays, the annual leave loading shall be
calculated on the actual leave accrued or on five weeks, whichever is the lower.
32.2.2 If stationed in an area of the
State of New South Wales which attracts a higher rate of annual leave accrual,
the annual leave loading shall continue to be paid on a maximum of 4 weeks
leave.
32.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
32.3.1 The shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
32.3.2 17½% annual leave
loading.
32.4 Maximum Loading
- Unless otherwise provided in an Award or Agreement under which the staff
member is paid, the annual leave loading payable shall not exceed the amount
which would have been payable to a staff member in receipt of salary equivalent
to the maximum salary for a Grade 12 Clerk.
32.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
32.6 Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
32.6.1 Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff
member does not have at least 2 weeks recreation leave available, the staff
member may use a combination of recreation leave and any of the following:
public holidays, extended leave, leave without pay, time off in lieu, rostered
day off. The staff member shall be paid the annual leave loading for such
period, provided the absence is at least 2 weeks.
32.6.2 If at least two
weeks leave, as set out in paragraph 32.6.1 of this subclause, is not taken in
a leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
32.6.3 While annual leave
loading shall not be paid in the first leave year of employment, it shall be
paid on the first occasion in the second leave year of employment when at least
two weeks leave, as specified in paragraph 32.6.1 of this subclause, is taken.
32.6.4 A staff member who
has not been paid the annual leave loading for the previous leave year, shall
be paid such annual leave loading on resignation, retirement or termination by the
employer for any reason other than the staff member's serious and intentional
misconduct.
32.6.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
33. Sick Leave -
Workers Compensation
33.1 The Secretary
shall advise each staff member of the rights under the Workers Compensation Act
1987, as amended from time to time, and shall give such assistance and advice,
as necessary, in the lodging of any claim.
33.2 A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987 shall be required to lodge a claim for
any such compensation.
33.3 Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Secretary shall assist the staff member or the representative of
the staff member, as required, to lodge a claim for any such compensation.
33.4 The Secretary
will ensure that, once received by the Department, a staff member’s workers
compensation claim is lodged by the Department with the workers compensation
insurer within the statutory period prescribed in the Workers Compensation Act
1987.
33.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Secretary shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
33.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
33.7 If a staff
member notifies the Secretary that he or she does not intend to make a claim
for any such compensation, the Secretary shall consider the reasons for the
staff member's decision and shall determine whether, in the circumstances, it
is appropriate to grant sick leave in respect of any such absence.
33.8 A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that Act.
If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member shall not be granted available sick leave
on full pay until the examination has occurred and a medical certificate is
issued indicating that the staff member is not fit to resume employment.
33.9 If the Secretary
provides the staff member with employment which meets the terms and conditions
specified in the medical certificate issued under the Workers Compensation Act
1987 and the Workplace Injury Management and Workers Compensation Act 1998 and,
without good reason, the staff member fails, to resume or perform such duties,
the staff member shall be ineligible for all payments in accordance with this
clause from the date of the refusal or failure.
33.10 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the
Workers Compensation Act 1987.
33.11 Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:-
33.11.1 The
staff member's claim for workers compensation;
33.11.2 The
conduct of a medical examination by a Government or other Medical Officer;
33.11.3 A medical
certificate issued by the examining Government or other Medical Officer; or
33.11.4 Action
taken by the Secretary either under the Workers Compensation Act 1987 or any
other relevant legislation in relation to a claim for workers compensation, medical
examination or medical certificate.
34. Special Leave
34.1 Special Leave -
Jury Service
34.1.1 A staff member
shall, as soon as possible, notify the Secretary of the details of any jury
summons served on the staff member.
34.1.2 A staff member who,
during any period when required to be on duty, attends a court in answer to a
jury summons shall, upon return to duty after discharge from jury service,
furnish to the Secretary a certificate of attendance issued by the Sheriff or
by the Registrar of the court giving particulars of attendances by the staff
member during any such period and the details of any payment or payments made
to the staff member under section 72 of the Jury Act 1977 in respect of any
such period.
34.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the Secretary shall grant, in
respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
Secretary shall grant, at the sole election of the staff member, available
recreation leave on full pay or leave without pay.
34.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at court as a witness in an
official capacity shall be paid by the Department.
34.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
34.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
34.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
34.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by the Department for the required period.
34.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
34.5 Special Leave -
Examinations -
34.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
Secretary.
34.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
34.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the staff member, no further leave
is granted for any examination.
34.6 Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 35, Trade Union Activities Regarded as Special Leave of
this award.
34.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the staff member wishes to return home more
often, such staff member may be granted recreation leave, extended leave or
leave without pay, if the operational requirements allow.
34.8 Return Home When
Transferred to New Location -- Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, subject to the conditions specified in the Crown Employees
(Transferred Employees Compensation) Award.
34.9 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and after
NAIDOC week as negotiated between the supervisor and staff member.
34.10 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 38,
Leave for Matters Arising From Domestic Violence, have
been exhausted, the Secretary shall grant up to five days per calendar year to
be used for absences from the workplace to attend to matters arising from
domestic violence situations.
35. Trade Union
Activities Regarded as Special Leave
35.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
35.1.1 Annual or biennial
conferences of the Association;
35.1.2 Meetings of the
Association’s Executive, Committee of Management or Councils;
35.1.3 Annual conference
of the Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
35.1.4 Attendance at
meetings called by the Unions NSW involving the Association which requires
attendance of a delegate;
35.1.5 Attendance at
meetings called by the DPE, as the employer for industrial purposes, as and
when required;
35.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Association;
35.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 35, 36 and 37 apply.
36. Trade Union
Activities Regarded as On Duty
36.1 An Association
delegate will be released from the performance of normal Departmental duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
36.1.1 Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official
activities relating to the functions and responsibilities of elected
Occupational Health and Safety Committee members at a place of work as provided
for in the Occupational Health and Safety Act 2000 and the Occupational Health
and Safety Regulation 2001.
36.1.2 Attendance at
meetings with workplace management or workplace management representatives;
36.1.3 A reasonable
period of preparation time, before-
(a) meetings with management;
(b) disciplinary or grievance meetings when an Association
member requires the presence of an Association delegate; and
(c) any other meeting with management,
by agreement with management,
where operational requirements allow the taking of such time;
36.1.4 Giving evidence in
court on behalf of the employer;
36.1.5 Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
36.1.6 Representing the
Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
36.1.7 Presenting
information on the Association and Association activities at induction sessions
for new staff of the Department; and
36.1.8 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours' notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
37. Trade Union
Training Courses
37.1 The following training courses will attract the grant
of special leave as specified below:-
37.1.1 Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited
OH&S training courses and the conditions on which
special leave for such courses will be granted, shall be negotiated between the
Department Head and the Federation.
37.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Federation or a
training provider nominated by the Federation. A maximum of 12 working days in
any period of 2 years applies to this training and is subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) All travelling
and associated expenses being met by the staff member or the Association;
(d) Attendance
being confirmed in writing by the Association or a nominated training provider.
38. Leave for
Matters Arising from Domestic Violence
38.1 The definition
of domestic violence is found in clause 3.6 of this award.
38.2 Leave entitlements
provided for in clause 18, Family and Community Service Leave, clause 17, Sick
Leave and clause 19, Personal/Carer’s Leave, may be used by staff members
experiencing domestic violence.
38.3 Where the leave
entitlements referred to in subclause 38.2 are exhausted, the Secretary shall
grant Special Leave as per clause 34.10.
38.4 The Secretary
will need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document issued
by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or
Lawyer.
38.5 Personal
information concerning domestic violence will be kept confidential by the
agency.
35.6 The Secretary
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
39. Lactation
Breaks
39.1 This clause
applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
39.2 A full-time
staff member or a part-time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
39.3 A part-time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
39.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member and their manager provided the total lactation break time entitlement is
not exceeded. When giving consideration
to any such requests for flexibility, a manager needs to balance the
operational requirements of the organisation with the lactating needs of the
staff member.
39.5 The Secretary
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
39.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and staff member
will take place to attempt to identify reasonable alternative arrangements for
the staff member's lactation needs.
39.7 Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
39.8 Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 17, Sick Leave of
this award.
40. Leave Without Pay
40.1 The Department
Head may grant leave without pay to a staff member if good and sufficient
reason is shown.
40.2 Leave without
pay may be granted on a full-time or a part-time basis.
40.3 Where a staff member
is granted leave without pay for a period not exceeding 10 consecutive working
days, the staff member shall be paid for any proclaimed public holidays falling
during such leave without pay.
40.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
40.5 A staff member
who has been granted leave without pay shall not engage in employment of any
kind during the period of leave without pay, unless prior approval has been
obtained from the Department Head.
40.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
40.7 No paid leave
shall be granted during a period of leave without pay.
40.8 A permanent
appointment may be made to the staff member’s position if:
40.8.1 the
leave without pay has continued or is likely to continue beyond the original
period of approval and is for a total period of more than 12 months; and
40.8.2 the
staff member is advised of the Department’s proposal to permanently backfill
their position; and
40.8.3 the
staff member is given a reasonable opportunity to end the leave without pay and
return to their position; and
40.8.4 the
Department advised the staff member at the time of the subsequent approval that
the position will be filled on a permanent basis during the period of leave
without pay.
40.9 The position
cannot be filled permanently unless the above criteria are satisfied.
40.10 The staff member
does not cease to be employed by the Department if their position is
permanently backfilled.
40.11 Subclause 40.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 20.3.1(ii) of clause 20, Adoption, Maternity and
Parental Leave.
41. Area,
Incidence and Duration
41.1 This award shall
apply to all teachers and related employees employed within the NSW Adult
Migrant English Service.
41.2 This award
rescinds and replaces the Crown Employees NSW Adult Migrant English Service
(Teachers and Related Employees) Award published 3 August 2012 (373 I.G. 1012)
and the variation published on 21 December 2012 (375 I.G. 256) and the
correction published on 5 April 2013 (375 I.G. 422).
41.3 This award shall
commence on and from 1 January 2014 and remain in force until 31 December 2016.
PART B
MONETARY RATES
Table 1 - Salaries
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
|
to commence on or
|
to commence on or
|
to commence on or
|
|
|
after 1.1.2014
|
after 1.1.2015
|
after 1.1.2016
|
|
|
$
|
$
|
$
|
|
Salary Scale for Ongoing Teachers, Full Time temporary
Teachers and Education Officers
|
Increase
|
2.27%
|
2.00%
|
2.15%
|
|
1st Salary Level
|
56,891
|
58,029
|
59,277
|
|
2nd Salary Level
|
59,932
|
61,131
|
62,445
|
|
3rd Salary Level
|
62,972
|
64,231
|
65,612
|
|
4th Salary Level
|
66,010
|
67,330
|
68,778
|
|
5th Salary Level
|
69,485
|
70,875
|
72,399
|
|
6th Salary Level
|
72,528
|
73,979
|
75,570
|
|
7th Salary Level
|
75,563
|
77,074
|
78,731
|
|
8th Salary Level
|
78,605
|
80,177
|
81,901
|
|
9th Salary Level
|
82,299
|
83,945
|
85,750
|
|
10th Salary Level
|
89,597
|
91,389
|
93,354
|
|
Salary Scale for Senior Education Officers
|
|
|
Increase
|
2.27%
|
2.00%
|
2.15%
|
|
Senior Education Officer
|
|
|
Class II
|
120,617
|
123,029
|
125,674
|
|
Senior Education Officer
|
|
|
Class I
|
|
|
|
|
Year 1
|
102,800
|
104,856
|
107,110
|
|
Year 2
|
107,045
|
109,186
|
111,533
|
|
Year 3
|
111,292
|
113,518
|
115,959
|
|
Salary Scale for Operations Managers
|
|
|
Increase
|
2.27%
|
2.00%
|
2.15%
|
|
Operations Manager
|
146,685
|
149,619
|
152,836
|
|
Casual Teachers
|
|
|
Increase
|
2.27%
|
2.00%
|
2.15%
|
|
1st Salary Level
|
70.05
|
71.45
|
72.99
|
|
2nd Salary Level
|
73.81
|
75.29
|
76.91
|
|
3rd Salary Level
|
77.55
|
79.10
|
80.80
|
|
4th Salary Level
|
81.30
|
82.93
|
84.71
|
|
5th Salary Level
|
85.59
|
87.30
|
89.18
|
|
Table 2 - Other Rates
Item
|
Clause
|
Brief Description
|
2.27%
|
2.00%
|
2.15%
|
No.
|
No.
|
|
From the first
|
From the first
|
From the first
|
|
|
|
Pay period to
|
Pay period to
|
Pay period to
|
|
|
|
commence
|
commence
|
commence
|
|
|
|
on or after
|
on or after
|
on or after
|
|
|
|
1.1.2014
|
1.1.2015
|
1.1.2016
|
|
|
|
$
|
$
|
$
|
1
|
11
|
Education Officer after 12 months on
|
|
|
|
|
|
the maximum of the common salary
|
3,886
|
3,964
|
4,049
|
|
|
scale
|
|
|
|
|
|
|
|
|
|
|
|
after a further 12 months on the
|
3,886
|
3,964
|
4,049
|
|
|
maximum of the common salary scale
|
|
|
|
2
|
11.3
|
Teacher nominated to undertake
|
6,883
|
7,021
|
7,172
|
|
|
additional responsibilities
|
|
|
|
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.