NEW SOUTH WALES TAFE COMMISSION (TEACHERS IN TAFE CHILDREN'S CENTRES)
SALARIES AND CONDITIONS AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department
of Education and Training and another.
(No. IRC 4428 of 2002)
|
Before The Honourable
Justice Schmidt
|
8 August 2002
|
AWARD
part a
1. Arrangement
PART A
Clause No. Subject
Matter
13. Anti-Discrimination
15. Area,
Incidence and Duration
1. Arrangement
10. Crib
Breaks
14. Deduction
of Union Membership Fees
2. Dictionary
12. Dispute
Resolution Procedure
9. Duties of
Teachers
11. First-aid
Certificate
4. Hours of
Work
8. Job Share
7. Leave
6. Public
Holidays
3. Salaries
and Allowances
5. Shift
Work
PART B
MONETARY RATES
Table 1 - Early Childhood Teachers - Salaries
Table 2 - Early Childhood Directors - Allowances
Table 3 - Teachers in Charge - Allowances
2. Dictionary
2.1 "Casual
Teacher" means a teacher engaged as required by the employer, who is not a
full-time or part-time teacher.
2.2 "Director-General"
means the Director-General of Education and Training and Managing Director of
TAFE NSW.
2.3 "Early
Childhood Director" means a person appointed as such by the employer and
who is an early childhood teacher, as defined, who is responsible to the
employer for the direct supervision of other employees and/or the management of
a centre and centres.
2.4 "Early
Childhood Teacher" means a person in a centre who is classified by the
Director-General as either a four year trained teacher or a three year trained
teacher, provided that all teachers employed at the time of the making of this
award shall be so classified.
2.4.1 "Four Year
Trained Teacher" means:
a teacher who holds a four-year early childhood education
degree from a higher education institution;
a teacher who holds a degree from a higher education
institution and who has, in addition, satisfactorily completed a one year early
childhood education diploma from a higher education institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.4.2 "Three
Year Trained Teacher" means:
a teacher who has satisfactorily completed a course of
early childhood education of three years duration at a higher education
institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.5 "Employee"
means all persons employed in TAFE children's centres, including early
childhood directors and early childhood teachers.
2.6 "Employer"
means the NSW Technical and Further Education Commission.
2.7 "Full-time
Teacher" means any teacher engaged as such who is not a part-time or
casual teacher and who works 38 hours per week.
2.8 "Higher
Education Institution" means a university or other tertiary institution
recognised by the Director-General which offers degrees, diplomas or teacher
education courses.
2.9 "Part-time
Teacher" means a teacher who is engaged to work regularly and not more
than 0.8 of the ordinary hours which a full-time teacher at the centre is
required to work, provided that a part-time teacher may work up to 0.9 of the
ordinary hours of a full-time teacher if the teacher is entitled to a
preparation session equivalent to 0.1 of a teacher's ordinary hours.
2.10 "Permanent
Part-time Work" means employment which is undertaken for less than the
full ordinary working hours per week for the classification on a continuing
basis for set and regular hours. The
rate of pay, all conditions and leave entitlements of a permanent part-time
staff member are on a pro rata basis.
2.11 "Shift"
means a daily period of work in a TAFE children's centre and shall be one of
the following:
2.11.1 "Afternoon
shift" means any shift finishing after 7.00 p.m. and at or before
midnight.
2.11.2 "Night
shift" means any shift finishing after midnight and at or before 8.00 a.m.
or any shift commencing at or after midnight and before 5.00 a.m.
2.11.3 "Early
morning shift" means any shift commencing at or after 5.00 a.m. and before
6.00 a.m.
2.11.4 "Night
shift, non-rotating" means any shift system in which night shifts are
worked which do not rotate or alternate with another shift so as to give the
teacher at least one third of their working time off night shift in each roster
system.
2.12 "TAFE
Children's Centre" means a long day care centre established on TAFE
premises with the primary purpose of providing child care and/or educational
development programs and/or centres for children under school age, over a
period of eight hours or more a day and for not less than 48 weeks per annum.
2.13 "Teacher
in Charge" means a teacher appointed as such by the employer in TAFE
children’s centres where the director is employed on a part-time basis and who
is responsible to the director for the management of the centre when the
director is not in attendance.
2.14 "Temporary
Teacher" means a teacher employed to work full‑time or part-time for
a specified period which is not more than a full centre year but not less than
five days. Provided that a teacher may be employed for a specific period in
excess of a full year but not more than two full years where such a teacher is
replacing a teacher who is on leave for a specified period in excess of a full
year.
2.15 "Union"
means the New South Wales Teachers Federation.
3. Salaries and
Allowances
3.1 The minimum
annual rate of salary payable to early childhood teachers and early childhood
directors in TAFE children's centres shall be as set out in Table 1 - Early
Childhood Teachers - Salaries, of Part B, Monetary Rates. A teacher shall progress after each 12
months of service along the steps of the salary scale, subject to the teacher
demonstrating continuing satisfactory performance and professional growth.
3.2 Part-time and
Temporary Teachers -
3.2.1 A part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification, but in that
proportion which the teacher's ordinary attendance hours at the centre bear to
the hours which a full-time teacher at a centre is normally required to attend.
3.2.2 The days of
attendance of a part-time teacher may be varied at the commencement of each
semester or by mutual agreement between the employer and the teacher, with four
weeks notice. The ordinary hours for the purpose of this subclause shall not be
varied without agreement.
3.2.3 A temporary
full-time teacher shall be paid at the same rate as that prescribed for a full-time
teacher with the corresponding classification.
3.3 Calculation of
Service -
3.3.1 For the purpose
of this clause, any teacher, if required by the employer to do so, shall, upon engagement,
establish to the satisfaction of the employer the length of their service as a
teacher in any centre or in early childhood education services for children up
to eight years of age, or as a teacher in the infants department of a
recognised school or within the infants department of schools registered or
certified under the appropriate legislation in other States or Territories of
the Commonwealth of Australia, and that period so established shall be taken to
be the length of such service for the purpose of that employment.
3.3.2 For the purpose
of this clause, a period of service other than service within paragraph 3.3.1
shall be counted as service in accordance with the following principles:
3.3.2.1 A
period of service as a lecturer in early childhood education or child
development, as a child development officer, or as a family day care
coordinator or equivalent, shall be recognised as service.
3.3.2.2 A
period of service as a carer in the child care industry, including service as a
family day care carer, a child care certificate worker or equivalent, and a
period of time during which the teacher is wholly engaged in child rearing,
shall be recognised as service at the rate of one increment for each complete
three years so engaged. Provided that, during the time of child rearing, the
teacher was a qualified early childhood teacher.
3.3.3 For the purpose
of calculating service:
3.3.3.1 Any
full-time employment (including temporary full-time employment) as referred to
in paragraphs 3.3.1 and 3.3.2, shall be counted as service.
3.3.3.2 The
amount of part-time service (including temporary part-time service) shall be
calculated by reference to proportion that the part-time employment bears to
full-time employment in that occupation.
3.3.3.3 Casual
teachers shall be entitled to normal incremental progression for each 1,600
hours of service or its equivalent in early childhood education services.
3.3.3.4 For
the purpose of calculating service in this subclause, periods of part-time,
temporary or casual service shall be aggregated to determine years of full-time
service.
3.4 Directors'
Allowances -
3.4.1 Early childhood
directors shall be paid an amount as set out in Table 2 - Early Childhood
Directors - Allowances, of Part B, Monetary Rates, by way of a fixed loading.
3.4.2 For the
purposes of determining the number of employees directly supervised by a
director, each employee who works for 19 hours or more per week in the centre
shall be counted as one employee, and the hours worked by each employee whose
hours of work are less than 19 hours per week, as at 1 February and 1 July in
each year, shall be aggregated and divided by 38 to determine the full-time
equivalent.
3.4.3 A teacher
required by the employer to act as an early childhood director for a period of
at least five consecutive days shall be paid the appropriate allowances
prescribed in the said Table 2 for such period. Provided that a teacher shall
not be required to carry out such duties in an acting capacity for more than a
full year, except that a teacher may be required to carry out such duties for
up to two full years where such a teacher is replacing a director who is on
leave for a specified period in excess of a full year.
3.5 Teacher in
charge allowances -
A teacher appointed as a teacher in charge shall be
paid in addition to the amounts payable pursuant to subclause 3.1, an allowance
in accordance with Table 3 - Teachers in Charge - Allowance, of part B -
Monetary rates.
3.6 Casual
Teachers -
3.6.1 A casual
teacher shall be paid a 20 per cent loading in addition to the appropriate rate
for their classification, up to a maximum of the fourth step of the appropriate
scale. This rate shall be calculated by
dividing the annual rate by 26.07 to obtain a fortnightly rate and the result
by ten to obtain a daily rate and then by 7.6 to obtain an hourly rate.
3.6.2 A casual
teacher is entitled to an additional payment of one twelfth of their salary in
accordance with the Annual Holidays Act
1944.
3.6.3 Provided that
the minimum start for any casual teacher shall be three continuous hours for
any day or shift and that time worked thereafter shall be rounded to the
nearest half hour.
3.6.4 Provided that
casual teachers who are engaged for more than six hours and up to 7.6 hours
shall be paid the full daily rate.
3.7 Reclassification
3.7.1 Where a three
year trained teacher completes a course of training as set out in the
definition of "Four Year Trained Teacher" in Clause 2, Dictionary,
the teacher shall be transferred to the salary step on the higher salary scale
determined by the teacher’s years of service on the scale.
3.7.2 When a teacher
is transferred to a higher salary scale in accordance with paragraph 3.6.1, the
date of the transfer shall be the date of completion of formal course
requirements, provided that the teacher advises the employer of the date of
such completion within one month of that date. Otherwise the date transfer
shall be one month prior to the date on which such advice was furnished by the
teacher to the employer.
4. Hours of Work
4.1 The ordinary
working hours, inclusive of crib breaks taken at the Centre, shall not exceed
an average of 38 per week between the hours of 6.00am to 7.00pm Monday to
Friday to be worked by one of the following methods:
4.1.1 A teacher
working in shifts of no more than eight hours duration.
4.1.1.1 A
teacher shall accrue 0.4 of one hour for eight hours duty on each day of
attendance to a maximum of one (1) paid rostered day off (RDO) in each 20 days
of service. RDOs are to be taken during
TAFE breaks where possible. There shall
be a maximum of 12 RDOs in any 12 consecutive months of employment.
4.1.1.2 Each
day of paid leave taken pursuant to this award including each public holiday
and the annual holiday (but not including long service leave) shall be regarded
as a day worked for accrual purposes.
4.1.1.3 A
teacher shall be entitled to be paid on termination of employment for rostered
days off which have been accumulated but not taken at the rate of pay effective
on the date of termination.
4.1.1.4 A
teacher shall not be entitled to sick leave in respect of illness whilst on a
rostered day off. In the event of a
rostered day off falling on a public holiday, the teacher and employer shall
agree on an alternative day off as a substitute.
4.1.2 A teacher
working in shifts of more than eight ordinary hours on one or more days during
the work cycle.
4.1.2.1 A
teacher may work three 10 hour shifts and one eight hour shift per week; or
4.1.2.2 four
9.5 hour shifts per week; or
4.1.2.3 any
other shift arrangement whereby a teacher works no more than 10 hours per day
or 38 hours per week.
If the teacher works a shift longer than eight hours
the teacher shall receive an additional paid crib break of 10 minutes which
shall be taken at a time convenient to the employer.
4.1.3 Method of
Implementation
Subject to paragraphs 4.1.1 and 4.1.2, the method of
implementation of the 38-hour week shall be one of the following, as agreed
between the teacher and the Institute manager in charge of the centre:
4.1.3.1 19-day
month - the teacher may accrue one workday in each 20 days of service as a
rostered day off (to be taken during TAFE breaks where possible).
4.1.3.2 Accumulation
- the teacher may accrue sufficient rostered days off to enable such days to be
taken as a block of no more than 12 days at any one time in any 12 months of
consecutive employment.
4.1.3.3 The
teacher may work more than eight hours on one or more days of the work cycle.
The institute manager in charge of the centre shall
make the final determination of the method of implementing the 38 hour week.
4.1.4 Part-time,
Casual and Temporary Teachers:
4.1.4.1 Part-time
teachers - A part-time teacher shall, by agreement with the institute manager
in charge of the centre and according to the period of engagement of the
teacher, be entitled to either:
4.1.4.1.1 accrue
rostered days off in accordance with paragraph 4.1.1 if a part-time teacher’s
hours are spread over five days of a week; or
4.1.4.1.2 be
paid an additional loading of five per cent pursuant to this clause in lieu of
an entitlement to rostered days off.
4.1.4.2 Casual
teachers - A casual teacher shall be entitled to be paid an additional loading
of five per cent pursuant to this clause in lieu of an entitlement to rostered
days off.
4.1.4.3 Temporary
teachers - A full-time temporary teacher shall, by agreement with the institute
manager in charge of the centre and according to the period of engagement of
the teacher, be entitled to either:
4.1.4.3.1 accrue
rostered days in accordance with paragraph 4.1.1; or
4.1.4.3.2 be
paid an additional loading of five per cent pursuant to this clause in lieu of
an entitlement to rostered days off.
4.1.5 Rostering
4.1.5.1 A
teacher shall be advised by the institute manager in charge of the centre at
least four weeks in advance of the day or days on which the teacher is to be
rostered off duty.
4.1.5.2 An
individual teacher may, with the agreement of the institute manager in charge
of the centre, substitute the day the teacher is rostered off duty for another
day.
5. Shift Work
5.1 For the
purposes only of calculating the loadings provided for in this clause:
5.1.1 a fortnightly
rate of pay shall be obtained by dividing the teacher's annual rate by 26.07;
5.1.2 a daily rate of
pay shall be obtained by dividing the fortnightly rate, as provided for in
paragraph 5.1.1, by ten;
5.1.3 the rate of pay
for a casual teacher shall be calculated in accordance with subclause 3.6.
5.2 In addition to
the weekly or daily rate of salary provided for in clause 3, a loading shall be
payable to a teacher required to perform shift work as follows:
5.2.1 early morning
shift - 10 per cent;
5.2.2 afternoon shift
- 15 per cent;
5.2.3 night shift,
rotating with day or afternoon shift - 17.5 per cent;
5.2.4 night shift,
non rotating - 30 per cent.
5.3 Where a
teacher is required to work on a Saturday, Sunday or a public holiday, they
will be paid for each such day or shift worked on the following basis:
5.3.1 Saturday - at
one and a half times the daily rate of pay.
5.3.2 Sunday - at
double the daily rate of pay.
5.3.3 Public holidays
- at two and a half times the daily rate of pay.
5.3.4 The payments
prescribed by this subclause shall be in substitution for, and not cumulative
upon, the shift loading prescribed in subclause 5.2.
6. Public Holidays
6.1 The following
days shall be holidays for the purposes of this award: New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day, Boxing Day. All days proclaimed as
public holidays for the state shall be holidays, provided that any day proclaimed
as a holiday for the State for a special purpose but observed throughout the
State on different days also shall be a holiday.
7. Leave
7.1 Annual
Recreation Leave -
7.1.1 All teachers, other
than casual teachers, will be entitled to a minimum of 20 days recreation leave
per annum, or pro rata where employed for periods of less than the equivalent
full-time.
7.1.2 All recreation
leave is to be taken during TAFE non-teaching and vacation periods where
possible.
7.2 Annual Leave
Loading - All teachers, other than casual teachers, shall be paid a loading of
17.5 per cent of their salary for each week of the four weeks minimum annual
leave as provided for in subclause 7.1, for each 12 months of service, or pro
rata on the basis of the staff member's ordinary salary rate.
7.3 Sick Leave -
7.3.1 All full-time
teachers shall be entitled to 15 days per annum, with the unused component of
the annual entitlement being fully cumulative.
7.3.2 The sick leave
entitlement for a part-time teacher employed in a centre shall be in that
proportion which the teacher's working hours bears to the number of working
hours which a full-time teacher at that centre is normally required to work.
7.3.3 A temporary
teacher's sick leave entitlement shall be in that proportion of 15 days which
their appointment bears to the proportion of the year that they work.
7.3.4 Special sick
leave shall be available in line with TAFE policy.
7.4 Family and
Community Service Leave -
7.4.1 The maximum
amount of family and community service leave that may be granted for full-time
teachers is:
7.4.1.1 during
the first 12 months of service - 2.5 working days;
7.4.1.2 after
completion of 12 months of service - five working days in any two-year period;
or
7.4.1.3 one
working day for each year of service after two years of continuous service,
less any period of family and community service leave already taken.
7.4.2 The family and community
service leave entitlement for a part-time teacher employed in a centre shall be
in that proportion which the teacher's working hours bears to the number of
working hours which a full-time teacher at that centre is normally required to
work.
7.5 Personal/Carer's
Leave -
7.5.1 Use of Sick
Leave
7.5.1.1 A
teacher, other than a casual teacher, with responsibilities in relation to a
class of person as set out in subparagraph 7.5.1.3.2 who needs the teacher's
care and support shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement provided for in subclause 7.3,
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.
7.5.1.2 The
teacher shall, if required, establish, either by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person. In normal
circumstances, a teacher must not take carer's leave under this subclause where
another person has taken leave to care for the same person.
7.5.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
7.5.1.3.1 the
teacher being responsible for the care of the person concerned; and
7.5.1.3.2 the
person concerned being:
(a) a spouse of
the teacher; or
(b) 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
(c) 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 teacher or spouse or de facto spouse
of the teacher; or
(d) a same sex
partner who lives with the teacher as the de facto partner of that teacher on a
bona fide domestic basis; or
(e) a relative of
the teacher 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.
7.5.1.4 A
teacher shall, wherever practicable, give the employer 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 teacher, the reasons for taking such
leave and the estimated length of absence. If it is not practicable for the
teacher to give notice of absence, the teacher shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
7.5.2 Unpaid Leave
for Family Purpose -
7.5.2.1 A
teacher may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person as
set out in subparagraph 7.5.1.3.2, who is ill.
7.5.3 Annual Leave -
7.5.3.1 A
teacher may elect, with the consent of the employer and subject to the Annual Holidays Act 1994, to take annual
leave not exceeding five days in single-day periods or part thereof in any
calendar year at a time or times agreed by the parties.
7.5.3.2 Access
to annual leave, as prescribed in subparagraph 7.5.3.1, shall be exclusive of
any shutdown period provided for elsewhere under this award.
7.5.3.3 A
teacher and employer may agree to defer payment of the annual leave loading in
respect of single-day absences until at least five consecutive annual leave
days are taken.
7.5.4 Make-up Time -
7.5.4.1 A
teacher may elect, with the consent of the employer, to work "make-up
time", under which the teacher takes time off ordinary hours and works
those hours at a later time during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
7.5.4.2 A
teacher on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the teacher takes time off ordinary hours
and works those hours at a later time), at the shift work rate which would have
been applicable to the hours taken off.
7.5.5 Rostered Days
Off -
7.5.5.1 A
teacher may elect, with the consent of the employer, to take a rostered day off
at any time.
7.5.5.2 A
teacher may elect, with the consent of the employer, to take rostered days off
in part-day amounts.
7.5.5.3 A
teacher may elect, with the consent of the employer, to accrue some or all
rostered days off for the purpose of creating a bank to be drawn upon at a time
mutually agreed between the employer and teacher, or subject to reasonable
notice by the teacher or the employer.
7.5.5.4 This
subclause is subject to the employer informing each union, which is both party
to the award and which has members employed at the particular enterprise, of
its intention to introduce an enterprise system of RDO flexibility, and
providing a reasonable opportunity for the union(s) to participate in
negotiations.
7.5.6 Bereavement
Leave -
7.5.6.1 A
teacher, other than a casual teacher, shall be entitled to up to two days
bereavement leave, without deduction of pay, on each occasion of the death of a
person prescribed in subparagraph 7.5.6.3.
7.5.6.2 The
teacher must notify the employer as soon as practicable of the intention to
take bereavement leave and will, if required by the employer, provide, to the
satisfaction of the employer, proof of death.
7.5.6.3 Bereavement
leave shall be available to the teacher in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph 7.5.1.3.2; provided that, for the purpose of bereavement leave,
the teacher need not have been responsible for the care of the person
concerned.
7.5.6.4 A
teacher shall not be entitled to bereavement leave under this clause during any
period in respect of which the teacher has been granted other leave.
7.5.6.5 Bereavement
leave may be taken in conjunction with other leave available under paragraphs
7.5.1, 7.5.2, 7.5.3, 7.5.4, 7.5.5 and 7.5.7. In determining such a request, the
employer will give consideration to the circumstances of the teacher and the
reasonable operation requirements of the business.
7.5.7 Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
8. Job Share
8.1 Job share is a
five-day full-time position which is shared by two teachers, working a
predetermined number of full days each per week.
8.2 Job share is
only available to early childhood teachers, not early childhood directors.
8.3 Procedures for
implementing job share:
8.3.1 Teachers
interested in job share may put forward a proposal in writing to the director.
This proposal should include the following:
8.3.1.1 reasons;
8.3.1.2 benefits
to the centre;
8.3.1.3 strategies
for the management of job share;
8.3.1.4 nominated
days of work.
8.3.2 The director
and the prospective job share teacher will then meet to discuss the following
issues:
8.3.2.1 advantages/disadvantages
of proposal;
8.3.2.2 strategies
for communication between job share teachers;
8.3.2.3 strategies
for communication with other staff members;
8.3.2.4 attendance
at parent meetings and preparation of written reports;
8.3.2.5 attendance
at staff meetings, regional meetings, in-service courses and other out of hours
meetings or functions;
8.3.2.6 curriculum
and programming issues.
8.3.2.7 The
parties note that attendance at meetings on days that a job share teacher is normally
not expected to attend is at the discretion of the teacher.
8.3.3 If there is an
in principle agreement between the above parties, the written proposal will be
forwarded to the relevant institute human resources manager with a
recommendation from the director.
8.3.4 The human
resources manager will confirm, in writing, whether the proposal is approved or
not.
8.3.5 If job share is
approved, the second position is advertised and both positions will become
permanent part-time.
8.3.6 Following the
appointment of the second job share teacher, the issues identified in paragraph
8.3.2 will be discussed at a full staff meeting.
8.3.7 In the event
that the job share proposal is not approved, the staff member concerned has the
right to invoke the dispute resolution procedure as set out in clause 12,
Dispute Resolution Procedure.
8.4 The employer
reserves the right to:
8.4.1 view each
situation on an individual basis;
8.4.2 nominate, if
necessary, a number of staff or an overall percentage of teachers in TAFE
children's centres who are able to job share;
8.4.3 determine the
number of job share positions in each centre.
8.5
8.5.1 Absences that
occur due to approved leave, including sick leave, by one of the two job share teachers
will be offered in the first instance to the other person. The teacher cannot be directed to work such
absences.
8.5.2 Payment for
such vacancies will be according to clause 3, Salaries and Allowances.
8.6 Resignations -
In the event that the position of one job share teacher at a particular centre
becomes vacant, the following procedure will occur:
8.6.1 the remaining
part-time teacher may be offered the option of a full-time position;
8.6.2 another
permanent staff member, including a part-time teacher, may transfer to the job
share position;
8.6.3 if neither of
the above occurs, then the part-time position will be advertised.
9. Duties of Teachers
9.1 The normal
duties of teachers shall include the usual duties performed in attendance at a
centre as well as the usual planning, resourcing and extracurricular activities
associated with a centre, including attendance at parent and committee
management meetings.
9.2 A director
shall, in addition to subclause 9.1, have responsibility for the supervision of
employees and the security and maintenance of a centre.
9.3 Teachers,
other than casual teachers, shall be allowed three days paid leave per annum,
in lieu of attendance at out of hours enrolment sessions, in-service, staff
meetings, parent and committee management meetings. The leave shall be granted
and taken on a day or days determined by the director or line manager and be
mutually convenient.
9.4 Teachers,
other than casual teachers, who are required to stay at the centre after their
normal finishing time due to late collection of children or related emergency
situation, will receive time in lieu.
10. Crib Breaks
10.1 A teacher shall
be entitled to 30 consecutive minutes crib break within the centre.
10.2 Where a meal is
taken at the centre, it shall be counted as time worked. A teacher is not to be
required to work for more than five hours without being given the opportunity
to take a crib break.
11. First-Aid
Certificate
11.1 Teachers, other
than casual teachers, will be required to obtain and maintain a first-aid
certificate under the following conditions:
11.1.1 Teachers
in the first six months of employment will be required to have or to obtain a
"Care for Kids" qualification or an approved senior first-aid
certificate.
11.1.2 Teachers
will be required to maintain the currency of their first-aid certification.
11.1.3 Teachers
will be granted paid leave to attend a first-aid course or, when the teacher
attends the course in their own time, the teacher will receive time in lieu at
ordinary rates for course attendance time.
12. Dispute
Resolution Procedure
12.1 The objective
of these procedures is the avoidance and resolution of industrial disputation,
arising under this award, by measures based on consultation, cooperation and
negotiation.
12.2 Without
prejudice to either party, the parties to this award shall ensure the
continuation of work in accordance with this award and custom and practice in
TAFE children's centres.
12.2.1 In
the event of any matter arising under this award which is of concern or
interest, the teacher shall discuss the matter with the appropriate supervisor.
12.2.2 If
the matter is not resolved at this level, the teacher may refer the matter to
the union, which will discuss the matter with the appropriate supervisor.
12.2.3 If
the matter remains unresolved, it shall be referred to the General Secretary of
the union or nominee and the institute director or nominee for discussion and
appropriate action.
12.2.4 If the
matter cannot be resolved at this level, it may be referred to the Industrial
Relations Commission of New South Wales or its successor.
12.3 Nothing
contained in this procedure shall prevent the General Secretary of the union or
nominee and the General Manager of Personnel/institute director or nominee from
entering into negotiations at any level, either at the request of a member or
on their own initiative, in respect of matters in dispute should such action be
conducive to achieving resolution of the dispute.
13.
Anti-Discrimination
13.1 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.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedures prescribed
by this award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
13.3 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.
13.4 Nothing in this
clause is to be taken to affect:
13.4.1 any
conduct or act which is specifically exempted from anti-discrimination legislation;
13.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
13.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
13.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
state or federal jurisdiction.
13.5 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.
NOTES
-
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion.”
14. Deduction of
Union Membership Fees
14.1 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.
14.2 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.
14.3 Subject to 14.1
and 14.2 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.
14.4 Monies so
deducted from employee’s pay shall be forwarded regularly to the union,
together with all necessary information to enable the union to reconcile and
credit subscriptions to employee’s union membership accounts.
14.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
14.6 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.
15. Area, Incidence
and Duration
15.1 This award
shall apply to all early childhood teachers and early childhood directors as
defined in clause 2, Dictionary, employed in TAFE children's centres in the New
South Wales Technical and Further Education Commission.
15.2 This award
rescinds and replaces the New South Wales TAFE Commission Teachers (TAFE
Children’s Centres) Salaries and Conditions Award, published 28 April 2000 (315
I.G. 304) and all variations thereof.
15.3 It shall take
effect from 8 August 2002 and remain in force until 31 December 2004.
PART B
MONETARY RATES
Table 1 - Early Childhood Teachers - Salaries
The following minimum annual salaries shall apply with
effect from the beginning of the first pay period commencing on or after the
date specified in each column
|
Three Year Trained
|
|
|
|
|
|
|
Teachers
|
21 February 2002
|
1 February 2003
|
1 July 2003
|
1 February 2004
|
1 July 2004
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Step 1
|
34,620
|
36,005
|
37,445
|
38,568
|
39,725
|
|
Step 2
|
36,383
|
37,838
|
39,352
|
40,533
|
41,749
|
|
Step 3
|
38,285
|
39,816
|
41,409
|
42,651
|
43,931
|
|
Step 4
|
40,041
|
41,643
|
43,309
|
44,608
|
45,946
|
|
Step 5
|
41,864
|
43,539
|
45,281
|
46,639
|
48,038
|
|
Step 6
|
43,890
|
45,646
|
47,472
|
48,896
|
50,363
|
|
Step 7
|
44,994
|
46,794
|
48,666
|
50,126
|
51,630
|
|
Step 8
|
46,088
|
47,932
|
49,849
|
51,344
|
52,884
|
|
Step 9
|
47,923
|
49,840
|
51,834
|
53,389
|
54,991
|
|
Step 10
|
49,838
|
51,832
|
53,905
|
55,522
|
57,188
|
|
Step 11
|
51,181
|
53,228
|
55,357
|
57,018
|
58,729
|
|
|
Four Years Trained
|
|
|
|
|
|
|
|
Teachers
|
21 February 2002
|
1 February 2003
|
1 July 2003
|
1 February 2004
|
1 July 2004
|
|
|
|
$
|
$
|
$
|
$
|
$
|
|
|
Step 1
|
36,813
|
38,286
|
39,817
|
41,012
|
42,242
|
|
|
Step 2
|
39,094
|
40,658
|
42,284
|
43,553
|
44,860
|
|
|
Step 3
|
41,291
|
42,943
|
44,661
|
46,001
|
47,381
|
|
|
Step 4
|
43,729
|
45,478
|
47,297
|
48,716
|
50,177
|
|
|
Step 5
|
45,997
|
47,837
|
49,750
|
51,243
|
52,780
|
|
|
Step 6
|
47,923
|
49,840
|
51,834
|
53,389
|
54,991
|
|
|
Step 7
|
49,838
|
51,832
|
53,905
|
55,522
|
57,188
|
|
|
Step 8
|
51,998
|
54,078
|
56,241
|
57,928
|
59,666
|
|
|
Step 9
|
54,076
|
56,239
|
58,489
|
60,244
|
62,051
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 2 - Early Childhood Directors - Allowances
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after the date
specified in each column.
|
|
21 February
|
1 February
|
1 July
|
1 February
|
1 July
|
|
|
2002
|
2003
|
2003
|
2004
|
2004
|
|
Units
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
$
|
$
|
|
1 to 6 employees
|
5,145
|
5,402
|
5,672
|
5,956
|
6,254
|
|
7 to 12 employees
|
6,225
|
6,536
|
6,863
|
7,206
|
7,566
|
|
13 to 16 employees
|
7,578
|
7,957
|
8,355
|
8,773
|
9,212
|
|
17 or more employees
|
8,229
|
8,640
|
9,072
|
9,526
|
10,002
|
Table 3 - Teacher in Charge - Allowances
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after the date
specified in each column.
|
|
21 February 2002
|
1 February 2003
|
1 July 2003
|
1 February 2004
|
1 July 2004
|
|
Units
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
$
|
$
|
|
1 to 6 employees
|
2,573
|
2,702
|
2,837
|
2,979
|
3,128
|
|
7 to 12 employees
|
3,113
|
3,268
|
3,431
|
3,603
|
3,783
|
|
13 to 16 employees
|
3,789
|
3,978
|
4,177
|
4,386
|
4,605
|
|
17 or more Employees
|
4,115
|
4,321
|
4,537
|
4,764
|
5,002
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.