Teachers
(Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award
2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 6384 of 2005)
Before The Honourable
Justice Wright, President
|
20 February 2006
|
AWARD
Part A - Conditions
1. Arrangement
This award is arranged as follows:
1. Arrangement
2. Definitions
(a) Teacher
(b) Full-Time Teacher
(c) Part-Time Teacher
(d) Casual Teacher
(e) Temporary Teacher
(f) Graduate
(g) Equivalent Qualifications or Equivalent Course
(h) Recognised School
(i) Recognised Higher Education Institution
(j) Degree
(k) Graduate Diploma
(l) Teacher Not Otherwise Classified
(m) Two Years Trained Teacher
(n) Three Years Trained Teacher
(o) Four Years Trained Teacher
(p) Five Years Trained Teacher
(q) Conditionally Classified Two Years or Three Years Trained
Teacher
(r) Conditionally Classified Four Years Trained Teacher
(s) Teacher-Librarian
(t) Assistant Principal
(u) Positions of Special Responsibility
(v) Senior Teacher 2
(w) Union
(x) Service Date
(y) Statement of Service
3. Terms of
Engagement
3.1 Letter of Appointment
3.2 Selection and Appointment Procedures
3.3 Normal Duties
3.4 Lunch Break
3.5 Teacher Skill Development
3.6 Employer Direction
3.7 Statement of Service
3.8 Casual teachers - Statement
4. Salaries
and Related Matters
4.1 Salaries Payable
4.2 Special Education Teacher Allowance
4.3 Credit for Previous Teaching Service
4.4 Credit for Other Service
4.5 Process for Applying For Credit for Service
4.6 Progression (Completion of Qualifications)
4.7 Payment of Salary
4.8 Payment of Part-Time Temporary and Casual Teachers
4.9 Travelling Expenses
4.10 Payment for Supervision of Student Teachers
4.11 Overpayment
4.12 Annual Remuneration
5. Promotion
Positions
5.1 Allowances
5.2 Acting Appointments
5.3 Appointment on Merit
5.4 Areas of Instruction - Secondary Schools
5.5 Promotion Positions - Primary and Secondary Departments
5.6 Period of Appointment
6. Teacher
Librarians
7. Annual
Adjustment of Salary
7.1 In Lieu of the Annual Holidays Act 1944
7.2 Application of Clause
7.3 Calculation of Payments
7.4 Teachers who commence Employment after the School Service
Date
7.5 Teachers who take Approved Leave Without Pay or Parental
Leave
7.6 Teachers Whose Hours Have Varied
7.7 Payment Not Less than under Annual Holidays Act 1944
8. Annual
Holiday Loading
9. Union
Members and Representative
9.1 Meeting of Members
9.2 Posting of Notices
9.3 Interview with Employer
10. Sick Leave
10.1 Entitlement
10.2 Accumulation
10.3 Evidence of Sickness
10.4 Portability
11. Catholic
Personal/Carer’s Leave
11.1 Use of Sick Leave to Provide Care and Support for a Family
Member
11.2 Use of Sick Leave for a Pressing Domestic Necessity
11.3 Notification of Intention to Take Leave
11.4 Unpaid Leave for Family Purpose
11.5 Entitlement for Casual Teachers
12. Parental
Leave
12.1 Maternity Leave
12.2 Adoption Leave
12.3 Paternity Leave
12.4 Prior Service with Another Catholic Diocesan Employer or
Catholic Independent School
12.5 Casual Teachers
12.6 Right to Request
12.7 Communication During Parental Leave
13. Long
Service Leave
13.1 Applicability of Long Service Leave Act, 1955
13.2 Accrual of Long Service Leave from 30 January 2006
13.3 Calculation of Accrual as at 29 January 2006
13.4 Entitlement to Long Service Leave and Payment on Termination
13.5 Conditions of Taking Leave
13.6 Public Holidays and Long Service Leave
13.7 Service
13.8 Payment in Lieu of Long Service Leave
13.9 Long Service Leave and Leave Without Pay
13.10 Long Service Leave in Short Blocks
14. Other
Leave
14.1 Bereavement Leave
14.2 Military Reserve Leave
14.3 Examination Study Leave
14.4 Jury Service
14.5 Short Community Service
14.6 Overseas Volunteer Programs
15. Termination
15.1 Period of Notice
15.2 Summary Dismissal
15.3 Payment on Termination
15.4 Calculation of Payments
15.5 Statement of Service
16. Occupational
Superannuation (Contribution by Employer)
16.1 Definitions
16.2 Fund
16.3 Benefits
16.4 Transfers between Funds
17. Anti-Discrimination
18. Fair
Procedures For Investigating Allegations of Reportable Conduct and Exempt
Allegations Pursuant to the Ombudsman Act 1974.
18.1 Definitions
18.2 Natural Justice to Employees in Dealing with Reportable
Allegations and Exempt Allegations
18.3 Access to files
18.4 Additional Documentation from Employee
18.5 Confidentiality of Documents and Files
19. Suspension
20. Disputes
Procedure
21. No Extra
Claims
22. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Allowances for Positions of Special
Responsibility
Table 3A - Allowances for Assistant Principal Positions
in the Diocese of Broken Bay
Table 3B - Salaries for Assistant Principal Positions for
the Archdiocese of Sydney and Diocese of Parramatta
Table 4 - Other Rates
Annexure A - Teacher Classifications and Teacher
Librarians
Annexure B - Portability
2. Definitions
For the purpose of this award:
(a) "Teacher"
means a person employed as such to assist the Principal in the work of the
school.
(b) "Full-Time
Teacher" means any teacher other than a casual or part-time teacher.
(c) "Part-Time
Teacher" means a teacher who is engaged to work regularly, but for less
than a full school week and not more than 0.8 of the normal hours which a
full-time teacher at the school is required to teach. A part-time teacher may work more than 0.8 of the normal
full-time load where an agreement has been reached by the parties. Such agreement shall be recorded in writing
and signed by the teacher and representative of the employer. Any additional terms of the agreement (such
as the length of the term of the agreement and the scheduling of the time that
the teacher is not required to teach) shall be included.
(d) "Casual
Teacher" means a teacher engaged as such by an employer. A casual teacher will not normally be
employed for a period greater than four school weeks for each engagement.
(e) "Temporary
Teacher" means a teacher employed to work full-time or part-time for a
specified period, which is greater than four school weeks. A teacher may be employed as a Temporary
Teacher in the following circumstances:
(i) where a
teacher is employed to replace a teacher on leave or secondment.
(ii) where a
school’s staffing is to be reduced in the following year overall or in a
department (in a secondary school).
This may include but is not limited to circumstances such as declining
enrolments or school amalgamations.
(iii) where a
teacher is employed on a specific programme not funded by the diocese, or a new
programme or initiative funded by the diocese which is not of an on-going
nature.
(iv) where a
teacher resigns during a school year and the usual diocesan practice is that
such positions are filled on a temporary basis.
(v) where an
ongoing position has not been able to be filled using normal selection criteria
and the teacher has been informed of this in writing prior to the appointment.
Applicants must be advised in writing prior to
accepting a position that it is temporary, the expected length of the
appointment and the reason why it is temporary, such reason being one of the
reasons specified above.
In the case of paragraph (i), the appointment may be
for the whole of the period of leave or secondment of the teacher. In the case
of paragraphs (ii) and (iii), the appointment may be for a period of up to two
full school years. The employer, the
union and the teacher may agree to extend the temporary period of appointment
beyond two years. The union shall not
withhold its consent unreasonably.
In the case of paragraph (iv) the appointment may be
for not longer than the end of the school year in which the appointment occurs.
In the case of paragraph (v) the appointment may be for
a period of up to one full school year.
The parties recognise that a temporary teacher may be
appointed to a series of different temporary positions either within the school
or at another school of the employer immediately following the cessation of a
prior temporary appointment.
(f) "Graduate"
means a teacher who holds a degree from a recognised higher education
institution.
(g) "Equivalent
Qualifications or Equivalent Course" means qualifications or a course, as
the case may be, which is specified by Annexure A of this award as being equivalent
to a particular qualification or course prescribed by this award, which the
employer and teacher agree as being equivalent to the qualification or course
prescribed by the clause in question in this award or which the Industrial
Relations Commission determines as being so equivalent.
(h) "Recognised
School" means a school registered under the provisions of the Education
Act 1990 or any registered special school within the meaning of that Act or
school for the disabled.
(i) "Recognised
Higher Education Institution" means an Australian university recognised by
the relevant Australian tertiary education authority from time to time or a
former College of Advanced Education recognised by the Tertiary Education
Commission.
(j) "Degree"
means a course of study at a recognised higher education institution of at
least three years full-time duration or its part-time equivalent.
(k) "Graduate
Diploma" means a course of study at a recognised higher education
institution of at least one year’s full-time duration or its part-time
equivalent.
(l) "Teacher
Not Otherwise Classified" means a teacher who is not Two, Three, Four or
Five Years Trained nor Conditionally Classified Two, Three or Four Years
Trained.
(m) "Two Years
Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a two years full-time course in teacher education
at a recognised higher education institution; or
(ii) A teacher who
has acquired other equivalent qualifications (as defined in paragraph (g)
above).
(n) "Three
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a three years full-time course in teacher
education at a recognised higher education institution; or
(ii) A teacher who
has acquired other equivalent qualifications (as defined in paragraph (g)
above).
(o) "Four
Years Trained Teacher" means:
(i) A teacher who
is a graduate in Education (four years full-time course); or
(ii) A teacher who
is a graduate who in addition has satisfactorily completed at least a one
year’s full-time course in teacher education which contains units relating to
teaching theory and practice at a recognised higher education institution; or
(iii) A teacher who
in addition to satisfying the requirements for classification as a Three Years
Trained Teacher, has been awarded a Graduate Diploma at a recognised higher
education institution; or
(iv) A teacher who
has acquired other equivalent qualifications (as defined in paragraph (g)
above).
(p) "Five
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a degree requiring a minimum of four years’
full-time study from a recognised higher education institution and who, in
addition, has satisfactorily completed a one year’s full-time course in
teacher education which contains units
relating to teaching theory and practice; or
(ii) A Four Years
Trained Teacher who, in addition, has satisfactorily completed either a Masters
or Doctorate degree from a recognised higher education institution; or
(iii) A teacher who
has obtained other equivalent qualifications.
(q) "Conditionally
Classified Two Years/Three Years Trained Teacher" means; a teacher who has
attempted all of the requirements for the course of teacher education but has
not yet satisfied the requirements to be granted the qualification. The classification "Conditionally
Classified Two Years Trained Teacher" shall only apply to persons
classified as such and who were employed on or before 29 January 2006.
(r) "Conditionally
Classified Four Years Trained Teacher means a teacher who is a graduate other
than a graduate to whom subclause (o) of this clause applies.
(s) "Teacher-Librarian"
means a teacher appointed as such.
(t) "Assistant
Principal" means a teacher appointed as such, who assists the Principal in
his/her responsibility for the conduct and organisation of the school.
(u) Positions of
Special Responsibility:
(i) "Co-ordinator
1" means a teacher appointed as such with duties as set out in the
relevant Diocesan agreement.
(ii) "Co-ordinator
2" means a teacher appointed as such with duties as set out in the
relevant Diocesan agreement.
(iii) "Co-ordinator
3" means a teacher appointed as such with duties as set out in the
relevant Diocesan agreement.
(v) "Senior
Teacher 2" means a teacher who is a Senior Teacher 1 and is appointed as a
Senior Teacher 2 in the Archdiocese of Sydney with duties as set out in the
relevant Diocesan agreement. (Senior Teacher - 1"means a teacher who was
classified as such prior to the introduction of this award).
(w) "Union"
means the New South Wales Independent Education Union.
(x) "Service
Date" means the usual commencement date of employment at a school for
teachers who are to commence teaching on the first day of the first term.
(y) "Statement
of Service" means a statement from an employer on official letterhead that
contains a start date, termination date, whether service was full-time,
part-time or casual, whether any paid promotions positions were held and
whether any leave without pay was taken.
3. Terms of
Engagement
3.1 Letter of Appointment
The employer shall provide a teacher (other than a
casual teacher), on appointment, with a letter stating inter alia the
classification and rate of salary as at appointment, the normal teaching load
that will be required and an outline of superannuation benefits available to
teachers at the school.
3.2 Selection and
Appointment Procedures.
Normally, teaching positions except temporary positions
of up to one term's duration and casual positions will be appropriately
advertised and appointments will be made following a selection process. Such appointments will be made on the basis
of merit and suitability in accordance with documented diocesan selection
process and appointment procedures.
3.3 Normal Duties
The normal duties of teachers shall include playground
duties, sports duties, and usual extra-curricular activities and, in relation
to teachers appointed to residential positions, the usual residential duties.
3.4 Meal Break
A teacher shall be entitled to a minimum of 30
consecutive minutes as a meal break during which period a teacher shall not be
required to hold meetings, supervise, teach or coach sport, team games,
cultural or academic activities.
3.5 Teacher Skill
Development
(a) Induction - A
teacher in his or her first year of experience shall participate in an
induction process of one year’s duration, provided that in certain
circumstances the teacher and the employer may agree that the teacher should
participate in the induction process for a further year.
The induction process shall be determined by the
employer or the Principal in consultation with the teacher to assist the
teacher’s professional development, which shall be reviewed regularly
throughout the year.
The employer may provide a written statement to the
teacher not later than four weeks before the end of the school year outlining
the teacher’s progress and development.
(b) A teacher may
request and be given from time to time by the employer or the Principal
appropriate documentation as evidence of the teacher’s professional development
and experience. These documents may, if
the teacher wishes, form a portfolio which shall remain the property of the
teacher.
(c) Where the
employer considers that a problem exists in relation to the teacher’s
performance the employer shall not use any agreed teacher development process
in substitution for, or as alternative to, in whole or in part, procedures
which apply to the handling of such problems.
(d) A teacher
returning to teaching after an absence of five or more years shall be offered
support through an induction process as provided for in paragraph (a) of this
sub-clause with appropriate modification and shall be expected to participate
as appropriate.
3.6 An employer
may direct a teacher to carry out such duties as are within the limits of the
teacher’s skill, competence and/or training.
3.7 Upon the
termination of service of a teacher (other than a casual teacher), the employer
shall provide a statement of service.
3.8 Upon request,
a casual teacher shall be supplied with a statement setting out the number of
days of duty undertaken by the casual teacher during the period of the
engagement, provided such request is made during or on termination of the
casual engagement.
4. Salaries and
Related Matters
4.1 Salaries
Payable -
(a) The minimum
annual rate of salary payable to full-time teachers in schools shall be as set
out in Table 1 - Wage Rates of Part B, Monetary Rates. Fortnightly salaries shall be ascertained by
multiplying the annual salary by 14 and dividing by 365 with the answer rounded
to two decimal points.
(b) Five Years
Trained Teacher
A Five Years Trained Teacher shall commence on Step 6
and progress according to years of service to Step 13.
(c) Four Years
Trained Teacher
A Four Years Trained Teacher shall commence on Step 5
and progress according to years of service to Step 13.
(d) Three Years
Trained Teacher
(i) A Three Years
Trained Teacher shall commence on Step 3 and progress according to years of
service to Step 13.
(ii) A Three Years
Trained Teacher on Steps 3 to 8, who by further study, completes the equivalent
of one year of full-time study of a degree course, shall have his or her salary
advanced one increment with retention of incremental date and shall thereafter
progress in accordance with years of service to Step 13 of the scale.
(e) Two Years
Trained Teacher
(i) A Two Years
Trained Teacher shall commence on Step 2 of the scale and progress according to
years of service to Step 9 of the scale.
(ii) A Two Years
Trained Teacher who by further study satisfactorily completes the equivalent of
one year of full-time study of a degree course, shall be deemed a Three Years
Trained Teacher and shall be paid an additional increment with retention of
incremental date and shall thereafter progress in accordance with normal years
of service to Step 9 of the scale.
(iii) A Two Years
Trained Teacher who has completed at least one year on Step 9 and who has
completed 120 hours of professional development outside of school hours and
pupil-free days over a period of five years prior to the teacher’s application
for progression may apply for progression to Step 10 and thereafter progress to
Step 13 after completion of one year’s service on each of Step 10, Step 11 and
Step 12.
(iv) Such
professional development, if it is to be considered for the purposes of
subparagraph (ii) of this paragraph, must be deemed relevant to the Two Years
Trained Teacher’s employment by the employer.
(f) Conditionally
Classified Two Years Trained Teacher
A Conditionally Classified Two Years Trained Teacher
shall commence on Step 2 of the scale and progress according to years of
service to Step 6 of the scale; provided that a teacher shall, after 15 years’
service, progress to Step 7 and shall thereafter progress according to years of
service to Step 9.
This clause will only apply to teachers classified as
such and employed on or before 29 January 2006.
(g) Conditionally
Classified Three years Trained Teacher
A Conditionally Classified Three Years Trained Teacher
shall commence on Step 3 and progress according to years of service to Step 6;
provided that a teacher shall, after 15 years service, progress to Step 7 and
shall thereafter progress according to years of service to Step 9.
(h) Conditionally
Classified Four Years Trained Teacher
A Four Years Trained Conditionally Classified Teacher
shall commence on Step 5 and progress according to years of service to Step 9;
provided that a teacher shall, after 15 years service, progress to Step 10 and
shall thereafter progress according to years of service to Step 13.
(i) Teacher Not
Otherwise Classified
A Teacher Not Otherwise Classified shall commence on
Step 1 of the scale and progress according to years of service to Step 6.
(j) Previous
Award Classification
Teachers employed immediately prior to the date of
making of this award shall be deemed to be classified under this award at a
level not less than that which applied under the previous award and shall be
deemed to have years of service as at the date of making this award calculated
in accordance with the provisions of the previous award.
4.2 Special
Education Teacher Allowance
(a) Teachers
appointed to teach classes of children with a disability shall be paid in
addition to the salaries provided for in sub-clause 4.1 of this clause an
allowance as set out in Item 1 of Table 4 - Other Rates, of Part B, Monetary
Rates.
(b) A principal
teacher of a school for children with a disability shall be paid, in addition
to the salaries provided in the scales and the allowances provided in (a) of
this sub-clause, a further allowance at the rate as set out in Item 2 of the
said Table 4 for each member of staff being supervised; provided that the
maximum payment for such further allowance shall be as set out in Item 3 of
Table 4.
4.3 Credit for
Previous Teaching Service
(a) For the
purpose of calculating credit for previous teaching service, teaching service
in recognised schools or in schools certified or registered under the
appropriate legislation in other states or territories of the Commonwealth of
Australia shall count as follows:
(i) Any
employment as a full-time teacher (including employment as a temporary
full-time teacher), shall be counted as service;
(ii) The amount of
service of a part-time teacher (including a temporary part-time teacher) shall
be calculated in proportion to the full-time teaching load of a teacher at the
school;
(iii) Service as a
casual teacher shall be credited on the basis that 204 days of casual service
are equal to a year of service.
(b) When
calculating previous teaching service one year of service may be deducted for
every continuous period of five years’ absence from teaching except where the
teacher was for most of the period of absence wholly engaged in child-rearing
or engaged in other service recognised in accordance with sub-clause 4.4.
4.4 Credit for
Other Service
(a) Teaching
Service and Relevant Industry Experience
Full-time service in a recognised teaching institution
other than a recognised school or in a field directly related to teaching which
is relevant to the position the teacher is employed in (e.g. employment as a
musician for a music teacher, employment in a trade for industrial arts) on the
basis of one service increment for each year of full-time employment, up to a
maximum of four increments.
(b) Other Industry
Experience
Full-time service at age 21 or more in any paid
occupation in commerce, industry or government as deemed directly relevant to
employment as a teacher by the employer on the basis of one increment for each
three years of service to a maximum of four increments.
(c) Child-Rearing
A teacher who has been primarily engaged in child
rearing, shall have such period recognised on the basis of one increment for
each continuous three years of child rearing, to a maximum of four increments.
Provided that accreditation for child rearing shall
only be granted on the basis that:
(i) only one
parent will receive the benefit for any particular period of child rearing;
(ii) full-time
child rearing will be regarded as the time before the child attains six years
of age or is enrolled in full-time schooling, whichever is the earlier, and
(iii) paid
employment, except as a casual teacher in a New South Wales non-government
school or in limited casual employment elsewhere, will be taken to break the
continuity of full-time child rearing.
For the purpose of calculating the period of child
rearing in this paragraph, parental leave will be included to the extent that
the leave occurs after the birth of the child or where prior to the birth of
the child the teacher was engaged in child rearing of another of his or her
children, the whole period of parental leave will be used when calculating the
period of child rearing.
This sub clause will apply only to teachers employed or
re-employed in Catholic school systemic schools after 7 April 1991.
(d) A teacher
shall not be entitled to more than four increments in total from paragraphs
(a), (b) and (c) of this sub-clause.
4.5 Process for
Applying For Credit for Service
(a) Upon
application for employment a teacher shall be advised in writing of all types
of previous service (including child-rearing, full-time and part-time teaching,
casual teaching, industry experience, other teaching outside schools, etc)
recognised under this award and of the documentation required to substantiate
such previous service.
(b) An application
by a teacher for recognition of previous teaching service or industry
experience pursuant to subclauses 4.3 and 4.4 of this clause shall be supported
by a statement of service on official letterhead (or similar statement in the
case of employment by an employer other than an educational institution) which
establishes the period of service to be recognised. An application by a teacher for recognition of a period of
child-rearing shall be supported by a statutory declaration establishing the
period of child-rearing to be recognised and a copy of the child’s birth
certificate.
(c) An application
for recognition of previous service (including child-rearing) pursuant to
subclauses 4.3 and 4.4 of this clause shall be granted, if successful, from the
date the application was received by the employer. In the case where the application was received within one school
term of the date the teacher commenced employment with the employer, the
application shall be granted from the date of commencement.
4.6 Progression
(Completion of Qualifications)
(a) The transfer
to a higher salary step of a teacher who has completed a course of training
which makes the teacher eligible to be so transferred and the further
incremental progression of such teacher on the salary scale, shall be effected
in accordance with this subclause.
(b)
(i) A teacher
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that the
teacher has had or will have conferred on him or her the diploma, degree or
equivalent recognition of the completion of the course of training which makes
the teacher eligible to transfer;
(ii) Where an
application is made under subparagraph (i) of this paragraph which establishes
that a teacher is eligible to transfer to a higher salary step, such transfer
shall take effect:
(A) from the
beginning of the first pay period to commence on or after the date the teacher
undertook the last paper in the final examination in the course of training
which creates the eligibility for transfer, or from the beginning of the first
pay period to commence on or after the date of completion of formal course
requirements, whichever is the later;
provided that the application for transfer is received
by the employer no later than the first school day of the school term following
the completion of such course of training; or
(B) where the
application for transfer is not received by the employer within the time
specified in (A), from the beginning of the first pay period to commence on or
after the date on which the employer receives such application.
(iii) A teacher who
is transferred to a higher salary step in accordance with this subclause,
shall, for the purpose of further incremental progression after such transfer,
retain his or her normal salary incremental date. Provided that if the transfer of the teacher to the higher salary
step coincides with the teacher’s normal salary incremental date, the increment
shall be applied prior to the teacher being transferred to the higher step.
(c) A teacher who
is Two Years Trained, Three Years Trained or Four Years Trained, who completes
a course of training which entitles the teacher to be classified as Three Years
Trained, Four Years Trained or Five Years Trained, as the case may be, shall
progress to the step on the salary scale which shall be determined by the
teacher’s years of service on the lower classification and the teacher’s new
qualifications and the teacher shall retain his or her normal incremental
salary date.
(d) A teacher who
is Conditionally Classified Two Years Trained, Conditionally Classified Three
Years Trained, Conditionally Classified Four Years Trained or Not Otherwise
Classified who completes a course of training which entitles the teacher to be
classified to a higher classification shall progress to the step on the salary
scale which is determined by the teacher’s new qualifications and such step as
is closest to the teacher’s salary prior to progressing and which shall result
in an increase in the teacher’s salary.
4.7 Payment of
Salary
(a) The salary
payable to any teacher other than a casual teacher pursuant to this clause, shall
be payable fortnightly.
(b) The salary
payable to any teacher, pursuant to this clause, shall be payable at the
election of the employer by either cash, cheque or Electronic Funds Transfer
into an account nominated by the employee.
4.8 Payment of
Part-Time Temporary and Casual Teachers
(a)
(i) Subject to
subparagraph (ii) of this paragraph, 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 number of
hours which are normal teaching hours bear to the hours which a full-time
teacher at the school is normally required to teach.
(ii) A part-time
teacher-librarian, including a temporary part-time teacher-librarian, shall be
paid at the same rates as a full-time teacher-librarian with the corresponding
classification, but in that proportion which the number of hours which are the
normal working hours bears to the hours a full-time teacher-librarian at the
school is normally required to work. If
there is no full-time teacher-librarian employed at the school, the proportion
shall be based upon the number of hours which a full-time teacher-librarian at
the school would be required to work if employed.
(iii) No part-time
teacher shall be required to attend school on any day on which he or she is not
required to teach, except to attend occasional school activities as reasonably
required. A part-time teacher shall be
allocated other duties on a pro-rata basis.
(b) The salary payable
to a casual teacher shall be the appropriate rate in sub-clause 4.1 in
accordance with years of full-time service, divided by 204 in the case of a
daily payment or 408 in the case of a half daily payment plus an additional 5%
loading, provided that the maximum rates payable shall be as follows:
Classification
|
Step
|
Four Years Trained
|
8
|
Three Years Trained
|
7
|
Two Years Trained
|
5
|
Not Otherwise Classified
|
1
|
Conditionally Classified Four Years Trained
|
7
|
Conditionally Classified Three Years Trained
|
6
|
Conditionally Classified Two Years Trained
|
4
|
The said rate includes the pro-rata payment in respect
of annual holidays to which the teacher is entitled in accordance with the Annual
Holidays Act 1944.
4.9 Travelling
Expenses
(a) Where the use
of a vehicle is required in connection with employment, other than for journeys
between home and place of employment, the teacher shall be paid an allowance as
set out in Item 4 of Table 4 - Other Rates of Part B, Monetary Rates.
(b) Travelling and
other out of pocket expenses reasonably incurred by a teacher in the course of
duties required by the employer, shall be reimbursed by the employer.
4.10 Payment for
Supervision of Student Teachers
Where supervision of the teaching of a student teacher
is required as a part of duty, the teacher shall receive all payments made by
the Student Teachers’ Training Institution for such supervision.
4.11 Overpayment
Where an employer becomes aware that payments have been
made over or under entitlements the teacher shall be notified and the parties
shall attempt to reach agreement on the money due or to be recovered. If the parties are unable to reach
agreement, either party may have recourse to the Disputes Procedure.
4.12 Annual
Remuneration
(a) Notwithstanding
sub-clause 4.7, an employer may offer and a teacher may elect to receive his or
her annual remuneration as a combination of salary (payable fortnightly) and
benefits payable by the employer. The
sum total of such salary, benefits, Fringe Benefits tax and employer
administrative charge will equal the appropriate salary prescribed by subclause
4.1, subclause 4.2 and subclause 5.1.
(b) The employer
will determine the range of benefits available to the teacher and the teacher
may determine the mix and level of benefits as provided in paragraph (a) of
this sub-clause.
(c) Any payment
calculated by reference to the teacher's salary and payable either:
(i) during
employment; or
(ii) on
termination of employment; or
(iii) on death
shall be at the rate prescribed by sub-clause 4.1,
sub-clause 4.2 and sub-clause 5.1.
5. Promotion
Positions
5.1 Allowances
(a) The allowances
for Positions of Special Responsibility shall be as set out in Table 2 -
Allowances for Positions of Special Responsibility, of Part B, Monetary Rates.
Such allowances shall be in addition to the salary applicable to the appointee.
(b) The allowance
for the Assistant Principal position in the Diocese of Broken Bay shall be as
set out in Table 3A - Allowances for Assistant Principal Positions in the Diocese
of Broken Bay. Such allowance shall be
in addition to the salary applicable to the appointee.
The salaries for Assistant Principals employed in
either the Archdiocese of Sydney or the Diocese of Parramatta shall be set out
in Table 3B - Salaries for Assistant Principal Positions for the Archdiocese of
Sydney and Diocese of Parramatta.
5.2 Acting
Appointments
If an employer appoints a teacher to act in a promotion
position for ten or more consecutive school days, the employer must pay the
teacher the rate of allowance prescribed for that position.
5.3 Appointment on
Merit
All appointments will be made on the basis of merit and
suitability and in accordance with documented diocesan selection and
appointment procedures and will normally and appropriately be advertised. Upon
appointment, an employee will be informed of professional expectations and
duties.
5.4 The minimum
number of promotion positions required to be appointed shall be as set out in
sub-clause 5.5, provided that where there is a programme of work in an area of
instruction (including curriculum sporting instruction) in a secondary
department the hours of which aggregate more than 54 hours per week averaged
over the school year (or in the case of the Diocese of Broken Bay more than 2000
indicative hours per annum) a Co-ordinator 2 shall be appointed to co-ordinate
such area of instruction.
In determining an area of instruction, an employer may
aggregate two or more subjects to comprise an area of instruction, provided
that the total hours aggregated do not exceed 108 hours per week averaged over
the school year or 4000 indicative hours per annum in the Diocese of Broken
Bay. Where hours per week exceed 108 hours per week or exceed 4000 indicative
hours per annum in the Diocese of Broken Bay the area of instruction shall
attract the equivalent of a Co-ordinator 3. There is no requirement to appoint
a Co-ordinator 3 as such, the position may be filled by appointing a
Co-ordinator 2 assisted by a Co-ordinator 1.
5.5 Promotions
Positions - Primary and Secondary Departments
(a) The position
of Assistant Principal shall be appointed where the enrolment at the previous
year's census date in a Secondary Department exceeds 200 students or in a
Primary Department where the enrolment at the previous year's census date
exceeds 100 students. Provided that an
Assistant Principal need only be appointed in a Primary Department where the
school only consists of a Primary Department or the Primary Department of the
school is at a different location from the Secondary Department.
(b) The minimum
number of promotions points required to be appointed in a Secondary Department
shall be determined in accordance with the points as set out in the following
table:
Enrolment at
Previous
|
Number of Points
|
Number of Points
|
Number of Points
|
Year's Census Date
|
7 - 12
|
7 - 10
|
11 - 12
|
1-200
|
-
|
|
|
201-300
|
-
|
12
|
|
301-400
|
16
|
16
|
|
401-500
|
20
|
16
|
18
|
501-600
|
22
|
20
|
20
|
601-700
|
26
|
22
|
|
701-800
|
30
|
|
|
801-900
|
32
|
|
|
901-1000
|
34
|
|
|
1001-1100
|
37
|
|
|
1101-1200
|
40
|
|
|
1201-1300
|
42
|
|
|
Note: This table does not include the positions of
Principal or Assistant Principal. The
position of Information Technology Co-ordinator (where appointed) is included.
The number of Positions of Special Responsibility
required to be appointed shall be calculated by allowing one point for each
Co-ordinator 1, two points for each Co-ordinator 2 and three points for each
Co-ordinator 3.
(c) The minimum
number of promotions points required to be appointed in a Primary Department
shall be determined in accordance with the points as set out in the following
table:
Enrolment at
Previous Year's Census Date
|
Number of Points
|
1-100
|
-
|
101-200
|
-
|
201-250
|
2
|
250-400
|
3
|
401-500
|
5
|
501-600
|
5
|
601-700
|
8
|
701-800
|
9
|
801+
|
11
|
Note: This table does not include the positions of
Principal or Assistant Principal. The
position of Information Technology Co-ordinator (where appointed) is included.
The number of Positions of Special Responsibility
required to be appointed shall be calculated by allowing one point for each
Co-ordinator 1, two points for each Co-ordinator 2 and three points for each
Co-ordinator 3
5.6 Period of
Appointment
The period of appointment shall be as specified in the
relevant Diocesan enterprise agreement.
6. Teacher Librarians
For classifications and duties of teacher-librarians refer
to Annexure A.
7. Annual Adjustment
of Salary
7.1 This clause
will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
7.2 The provisions
of this clause shall apply as set out in the relevant sub-clauses where:
(a) a teacher
(other than a casual teacher) commences employment after the school service
date;
(b) a teacher
(other than a casual teacher) takes approved leave without pay or unpaid
parental leave for a period which (in total) exceeds 20 pupil days in any year;
or
(c) the normal
teaching hours of the teacher have varied since the school service date.
7.3 Calculation of
Payments
(a) A payment made
pursuant to paragraph (a) or (b) of sub-clause 7.2 shall be calculated in
accordance with the following formula:
Step 1
|
A
x B
|
=
|
D
|
|
C
|
|
|
|
|
|
|
Step 2
|
D
- E
|
=
|
F
|
|
|
|
|
Step 3
|
F
x G
|
=
|
H
|
|
2
|
|
|
where:
A = The number of term weeks worked by the
teacher since the school service date
B = The number of non-term weeks in the school
year
C = The number of term weeks in the school year
D = Result in weeks
E = The number of non-term weeks worked by the
teacher since the school service date
F = Result in weeks
G = The teacher’s current fortnightly salary
H = Amount Due
(b) A payment made
pursuant to paragraph (c) of sub-clause 7.2 to a teacher whose normal teaching
hours have varied shall be calculated in accordance with the following formula:
Step 1
|
A
- B
|
=
|
C
|
|
|
|
|
Step 2
|
C
x D
|
=
|
F
|
|
E
|
|
|
|
|
|
|
Step 3
|
F
- B
|
=
|
G
|
where:
A = Total salary paid to the teacher since the
school service date
B = Salary paid to the teacher in respect of
non-term weeks since the school service date
C = Salary paid to the teacher in respect of
term weeks since the school service date
D = The total number of non-term weeks in the
school year
E = The total number of term weeks in the school
year
F = Result in dollars
G = Amount Due
7.4 Teachers who
commence Employment after the School Service Date
(a) A teacher who
commences employment after the school service date shall be paid from the date
the teacher commences provided that, at the end of Term IV, the teacher shall
be paid an amount calculated pursuant to sub-clause 7.3 of this clause and
shall receive no other salary until his or her return to work in the following
school year.
(b) In each
succeeding year of employment, the anniversary of appointment of the teacher
for the purposes of this clause shall be deemed to be the school service date.
7.5 Teachers who
take Approved Leave Without Pay or Unpaid Parental Leave
Where a teacher takes leave without pay or unpaid
parental leave with the approval of the employer for a period which (in total)
exceeds 20 pupil days in any year, the teacher shall be paid salary calculated
in accordance with this clause as follows:
(a) If the leave
commences and concludes in the same school year payment shall be calculated and
made at the conclusion of Term IV of that school year.
(b) If the leave
is to conclude in a school year following the school year in which the leave
commenced:
(i) at the
commencement of the leave a payment shall be calculated and made in respect of
the school year in which the leave commences; and
(ii) at the end of
Term IV in the school year in which the leave concludes a payment shall be
calculated and made in respect of that school year.
(c) Where a
teacher who has received a payment pursuant to paragraph (b) of this sub-clause
returns from leave in the same year rather than the next school year as
anticipated, then the teacher shall be paid at the conclusion of Term IV as
follows:
(i) by applying
the formula in sub-clause 7.3 as if no payment had been made to the teacher at
the commencement of leave;
(ii) by deducting
from that amount the amount earlier paid to the teacher.
7.6 Teachers Whose
Hours Have Varied
Where the hours which a teacher normally teaches at a
school have varied since the school service date in any school year and the
teacher’s employment is to continue into the next school year, the teacher
shall be paid throughout the summer pupil vacation as follows:
(a) the amount due
pursuant to the formula in paragraph (b) of sub-clause 7.3 shall be calculated;
and
(b) the teacher
shall continue to receive in each fortnight of the pupil vacation period the
same amount as his or her ordinary pay in the last fortnight of the school term
until the total amount received by the teacher during the pupil vacation period
is the same as the amount calculated above.
(Note - this will have the consequence that the last fortnight of the
pupil vacation period in which the teacher is paid the amount received will
differ from the pay in the preceding fortnights).
7.7 Notwithstanding
the provisions of paragraph (a) of subclause 7.1 a teacher shall not pursuant
to this clause, be paid an amount in respect of a year of employment which is
less than the amount to which the teacher would otherwise be entitled under the
provisions of the Annual Holidays Act 1944, in respect of a year of
employment.
8. Annual Holiday
Loading
8.1 Subject to
subclause 8.6 hereof, where a teacher, other than a casual teacher, is given
and takes annual holidays commencing at the beginning of the school summer
vacation each year, the teacher shall be paid an Annual Holiday Loading
calculated in accordance with this clause.
8.2 The loading
shall be payable in addition to the pay payable to the teacher for the period
of the school vacation.
8.3 The loading
shall be calculated:
(a) in relation to
such period of a teacher’s annual holiday as is equal to the period of annual
holiday to which the teacher is entitled for the time being under the Annual
Holidays Act 1944 at the end of each year of employment, or where relevant;
(b) the period of
annual leave calculated under subclause 8.6.
8.4 The loading
shall be the amount payable for the period specified in subclause 8.3 or 8.6 at
the rate of 17½ per cent of the weekly equivalent of the teacher’s annual
salary.
8.5 For the
purposes of this clause, "salary" shall mean the salary payable to
the teacher at 1 December of the year in which the loading is payable, together
with, where applicable, the allowances prescribed by subclause 4.2 of clause 4,
Salaries and clause 5, Promotion Positions, but not including any other
allowances or amount otherwise payable in addition to salary.
Provided that where subclause 8.6 of this clause
applies, "salary" shall mean the salary (together with allowances
payable as aforesaid) payable immediately prior to the payment made to the
teacher pursuant to sub-clause 7.3, of clause 7 Annual Adjustment of Salary or
subclause 15.4 of clause 15 Termination.
8.6 Where a
teacher receives a payment pursuant to paragraph (a) of subclause 7.3 or
sub-clause 15.4 (other than a teacher terminated by the employer for
misconduct) the teacher shall be entitled to that fraction of the annual
holiday loading to which he or she would be entitled if he or she had worked
for the whole school year which is equal to the number of term weeks worked by
the teacher divided by the number of term weeks in the whole school year.
9. Union Members and
Representative
9.1 Meetings of
union members who are employed at the school may be held on the school premises
at times and places reasonably convenient to both union members and the
Principal.
9.2 The employer
shall permit the union representative in the school to post union notices
relating to the holding of meetings on a common room noticeboard.
9.3 The union
representative shall be permitted in working hours (other than timetabled
teaching time) to discuss union business with the employer or the
Principal. Such discussion shall take
place at a time and place convenient to both parties.
10. Sick Leave
10.1 Entitlement -
Any full-time, temporary or part-time teacher shall be entitled to paid sick
leave in respect of any absence on account of illness or injury, subject to the
following conditions and limitations:
(a) In respect of
each year of service with an employer, the period of sick leave shall, subject
to subclause 10.2 of this clause, not exceed in any year of service 25 working
days on full pay.
(b) A teacher
shall not be entitled to paid sick leave for any period in respect of which
such teacher is entitled to workers’ compensation.
(c) A teacher
shall not be entitled to paid sick leave unless he or she notifies the
Principal of the school (or such other person deputised by the Principal) prior
to the commencement of the first organised activity at the school on any day,
of the nature of the illness and of the estimated duration of the absence;
provided that paid sick leave shall be available if the teacher took all
reasonable steps to notify the Principal or was unable to take such steps.
(d) The sick leave
entitlement of a part-time teacher shall be in that proportion which the number
of teaching hours of that teacher in a full school week bears to the number of
teaching hours which a full-time teacher at the school is normally required to
teach.
(e) A temporary
teacher shall be entitled to sick leave in that proportion which the period of
appointment of the teacher bears to the length of the school year.
(f) The teacher,
if required by the employer, complies with subclause 10.4 of this clause.
10.2 Accumulation -
Sick leave shall accumulate from year to year as follows:
(a) Untaken sick
leave in any year of service with an employer shall be accumulated, provided
that a teacher shall only be entitled to the sick leave accumulated in respect
of the six years of continuous service immediately preceding the current year
of service and the maximum accumulation shall not exceed 150 days on full pay.
(b) Sick leave
which accrues to a teacher at the commencement of a year of service pursuant to
subclause 10.1, shall be taken prior to the taking of any sick leave which the
teacher has accumulated in accordance with this subclause.
10.3 Evidence of
Sickness
(a) In each year,
with the exception of the first two days’ absence due to illness, a teacher
shall, upon request, provide a medical certificate addressed to the employer
or, if the employer requires, to a medical practitioner nominated by the
employer.
(b) Where a
teacher has taken frequent single days of sick leave, or taken extended sick
leave such that the employer requires additional information in relation to the
teacher’s sickness, then the employer may take action in accordance with this
subclause.
(i) The employer
may arrange a meeting in order to clarify the position with the teacher. The employer shall invite the teacher to
respond verbally to the issues raised by the employer. If the teacher is a union member, then the
teacher may seek union advice and assistance.
(ii) After
consideration of the teacher’s response, the employer may
(a) require
further evidence of illness; and/or
(b) request the
teacher to obtain a second opinion from another doctor at the employer’s cost;
and/or
(c) request a more
detailed estimation of the likely length of the absence; and/or
(d) require the
teacher to obtain a medical report (at the employer’s cost) in relation to the
likely period of absence; and/or
(e) discuss with
the teacher any other action.
(iii) The teacher
may, if a member of the union, request that this matter be discussed at any
stage between the union and the employer.
(iv) Action shall
only be taken pursuant to (b) of this subclause following consultation between
the principal of the school and the Diocesan office.
(v) The parties
agree to meet to review the operation of this subclause after the award has
been in place for twelve months if either party to the award so requests.
10.4 Portability
(a) A teacher who
was previously employed with another Catholic Diocesan Employer or Catholic
Independent School as a full-time, part-time or temporary teacher, and is
employed with or in a Diocese on or after 3 February 1997, shall be entitled to
portability of sick leave in accordance with this subclause.
(b) Untaken sick
leave which has accumulated in accordance with subclause 10.2 since 29 January
1996 shall be credited to the teacher as their accumulated sick leave on the
commencement of their employment with or in the Diocese.
(c) For a teacher
to be eligible for portability of sick leave under this clause, the teacher
must satisfy the following criteria:
(i) The teacher
has commenced employment with the Diocese within six months or two terms,
whichever is the greater, of the teacher’s employment terminating with the
other Catholic Diocesan Employer or Catholic Independent School.
(ii) The former
Catholic Diocesan employer or Catholic Independent School will provide to each
teacher, on the teacher's termination of employment, a completed version of the
form set out in Annexure B of this award and the teacher will provide the
original completed form to the new Catholic Diocesan employer within four
school weeks of the commencement of employment.
(d) For the
purpose of this subclause "Catholic Diocesan Employer" shall mean the
Archdioceses of Sydney and Canberra/Goulburn and the Dioceses of Broken Bay,
Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga (and
the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and Wollongong;
"Catholic Independent School" means an employer respondent to the
Teachers (Catholic Independent Schools) (State) Award 2004 published on 18
March 2005 (349 I.G. 395) (as varied from time to time) or any award replacing
such award and "Diocese" means a Diocese respondent to this award.
(e) Notwithstanding
paragraphs (a) and (b) of this sub-clause, the maximum sick leave portable
between Catholic Diocesan employers or Catholic Independent Schools to a
Catholic Diocesan Employer shall be 150 days and the sick leave in any one year
pursuant to paragraph (a) of sub-clause 10.1 shall not exceed 25 days (with one
or more employers).
11. Catholic
Personal/Carer’s Leave
11.1 Use of Sick
Leave to Provide Care and Support for a Family Member
(a) A teacher,
other than a casual teacher, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) who needs the teacher’s
care and support, shall be entitled to use, in any year, in accordance with
this sub clause, 10 days of current and 30 days of accrued sick leave
entitlement provided for at Clause 10 of the award, for absences to provide
care and support for such persons when they are ill, or who require care due to
an unexpected emergency. Such leave may be taken for part of a single day.
(b) The teacher
shall, if required,
(i) 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
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the teacher.
In normal circumstances, a teacher must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the teacher
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent,
spouse, grandchild, sibling,
grandparent, child, step-child, foster child, adopted child and foster
parent of the teacher or spouse.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 20 should be followed.
11.2 Use of Sick
Leave for a Pressing Domestic Necessity
(a) Subject to
paragraph 11.2 (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act
1977.
(b) A teacher,
other than a casual teacher, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the teacher’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 11.1(c)(ii).
(c) Where a
teacher, other than a casual teacher, is not entitled to utilise sick leave
credits pursuant to paragraph 11.1(a) he or she may access 10 days current and
30 days accrued sick leave for any pressing domestic necessity where the
teacher is responsible for the care or support of a person not referred to in
subparagraph 11.1(c)(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 11.2(b)
is non-cumulative.
(e) If required, a
teacher shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
11.3 Notification of
Intention to Take Leave
In relation to sub-clauses 11.1 and 11.2, wherever
practicable, a teacher shall give the employer notice prior to the absence of
the intention to take leave. The
teacher shall also provide the name of the person requiring care, that person’s
relationship to the teacher, the nature of any pressing domestic necessity, the
reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to
give prior notice of absence, the teacher shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
11.4 Unpaid Leave
for Family Purpose
A teacher may elect, with the consent of the employer
to take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 11.1(c)(ii) or paragraph 11.2(c) who is ill or who
requires care due to an unexpected emergency.
11.5 Entitlement for
Casual Teachers
(a) Subject to the
requirements in paragraph 11.1(b) and sub clause 11.3, casual teachers are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in sub clause 11.1 (c) (ii) or 11.2(c) of this
clause who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
(b) The employer
and the teacher shall agree on the period for which the teacher will be
entitled to not be available to attend work. In the absence of agreement, the
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.
(c) An employer
must not fail to re-engage a casual teacher because the teacher accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual teacher are otherwise not affected.
12. Parental Leave
12.1 Maternity Leave
(a) A teacher who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and:
(i) is granted
maternity leave for a period of fourteen weeks or longer by the employer; and
(ii) the date of
birth is on or after 30 January 2006 shall be entitled to maternity leave in
accordance with this sub-clause.
(b) The maternity
leave shall be paid for fourteen weeks at the rate of salary the teacher would
have received, if the teacher had not taken maternity leave. (If the period of maternity leave granted to
the teacher is for less than fourteen weeks then the period of paid maternity
leave shall be for such lesser period).
This period shall be inclusive of non term periods falling within the
fourteen weeks, other than where a teacher works up until the last day of a
term in which case the maternity leave shall be deemed to commence from the
first day of the following school term.
For the purpose of this paragraph, non-term periods shall not include
the first four weeks of the school summer vacation period.
(c) The teacher
may elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance.
(d) Where a
teacher applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the teacher shall give the employer at least one month’s notice of
intention.
(e) If a teacher
has commenced paid maternity leave and subsequently the teacher’s pregnancy
results in a miscarriage or a still birth, the teacher shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the teacher.
(f) Paid
maternity leave shall commence no earlier than one term prior to the expected
date of birth.
(g) The employer
may deduct payment for any absence of the teacher (to which the teacher, but
for this clause, would have been entitled under clause 10, Sick Leave) in the
period four calendar weeks prior to the expected date of birth from the payment
of paid maternity leave to which the teacher is entitled pursuant to this
subclause.
(h) Non term weeks
within the period of paid maternity leave shall be deemed to be non term weeks
worked by the teacher for the purpose of clause 7, Annual Adjustment of Salary
and clause 15, Termination.
(i) A teacher on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(j) Where a
teacher gives birth to a child whilst on unpaid leave (other than maternity
leave in relation to the birth of the same child) the teacher will be entitled
to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial
Relations Act 1996. However, the teacher will not be entitled to an additional
fourteen weeks payment in accordance with paragraph (b) of this sub-clause.
(k) Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations
Act 1996 shall apply.
Notation
(i) The employers
are of the view that maternity leave should preferably commence on the day
following the last teaching day of a term and conclude on the day preceding the
first teaching day of a term.
(ii) In order to
facilitate the desirable practice referred to in paragraph (i) of this
notation, the employers are prepared to extend the time of maternity leave
beyond that maximum entitlement prescribed by the said Act should the employee
agree to return from maternity leave at the commencement of the term
immediately following the maximum period of leave required to be afforded by
that Act.
(iii) Transitional
Arrangements - The provisions of the preceding award relating to paid maternity
leave shall apply to a teacher whose baby is born on or after 1 January 2006
and before 30 January 2006.
12.2 Adoption Leave
(a) A teacher who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted such leave by the employer in accordance
with these provisions, shall be entitled to payment of adoption leave under the
same (or comparable) conditions as those set out in this clause in relation to
paid maternity leave. Provided further
that adoption leave shall only be payable in respect of one adopting parent of
a child.
(b) A teacher
shall be entitled to one day’s leave with pay for the purpose of adopting any
child provided that he or she is not also entitled to payment of adoption leave
pursuant to paragraph (a) of this sub-clause.
12.3 Paternity Leave
(a) A teacher
shall be entitled to one day’s leave with pay on the date of his wife’s
confinement or on the day on which his wife leaves hospital following her
confinement.
(b) In addition to
the entitlement in paragraph 12.3(a), a teacher shall be entitled, subject to
this sub-clause, to take paternity leave in one continuous period not exceeding
two weeks. Such leave shall be deducted
from, and shall not exceed, the teacher’s entitlement to Catholic
Personal/Carer's Leave pursuant to clause 11 of this award.
(c) The teacher
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the teacher to take leave at a time outside the period
specified in this paragraph. If the teacher
chooses to agree to the employer’s request, such agreement shall be recorded in
writing. Where the teacher does not agree, the leave shall be taken in
accordance with this paragraph.
(d) The
entitlement to paternity leave in paragraphs 12.3(a) and (b) is inclusive of,
and not in addition to, the teacher’s entitlement to take unpaid paternity
leave in accordance with the Industrial Relations Act 1996.
(e) The teacher
must, at least 4 weeks before proceeding on leave pursuant to paragraph 12.3(b)
above, give written notice of the dates on which he proposes to start and end
the period of leave. The proposed dates may be varied by further written
notice, subject to the provisions of paragraph 12.3(c) above.
12.4 Prior Service
with Another Catholic Diocesan Employer or Catholic Independent School
For the purpose of eligibility for maternity leave and
adoption leave pursuant to this clause, a teacher who is not eligible for such
leave because he or she has less than twelve months continuous service as required
pursuant to Section 57 of the Industrial Relations Act, shall nevertheless be
deemed to have completed twelve months continuous service with the current
employer if immediately prior to commencement of service with the current
employer, he or she had twelve months continuous service with another Catholic
Diocesan Employer or Catholic Independent School.
"Catholic Diocesan Employer" and
"Catholic Independent School" shall have the same meaning as in
sub-clause 10.4(d) of this award.
12.5 Casual Teachers
An employer must not fail to re-engage a regular casual
teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(a) the teacher or
teacher's spouse is pregnant; or
(b) the teacher is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual teachers are not affected, other than in accordance
with this clause.
12.6 Right to
Request
(a) A teacher
entitled to parental leave may request the employer to allow the teacher:
(i) to extend the
period of simultaneous unpaid parental leave 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 teacher in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the teacher’s circumstances and,
provided the request is genuinely based on the teacher’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Teacher’s
request and the employer’s decision to be in writing
The teacher’s request and the employer’s decision made
under subparagraphs (a) (ii) and (iii) of this sub clause must be recorded in
writing.
(d) Request to
return to work part-time
Where a teacher wishes to make a request under
subparagraph (a) (iii), such a request must be made as soon as possible before
the date upon which the teacher is due to return to work from parental leave.
12.7 Communication
During Parental Leave
(a) Where a
teacher is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the teacher held
before commencing parental leave; and
(ii) provide an
opportunity for the teacher to discuss any significant effect the change will
have on the status or responsibility level of the position the teacher held
before commencing parental leave.
(b) The teacher
shall take reasonable steps to inform the employer about any significant matter
that will affect the teacher’s decision regarding the duration of parental
leave to be taken, whether the teacher intends to return to work and whether
the teacher intends to request to return to work on a part-time basis.
(c) The teacher
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
13. Long Service
Leave
13.1 Applicability
of Long Service Leave Act 1955
Except in so far as expressly varied by the provisions
of this clause, the provisions of the said Act, shall apply to teachers
employed under this award.
13.2 Accrual of
Leave from 30 January 2006
The amount of long service leave which a teacher shall
accrue in respect of service performed on and from 30 January 2006 shall be:
(a) In the case of
a teacher who has completed:
(i) less than ten
years service, in respect of full-time service a teacher shall accrue 6.5 days
per year of service; and
(ii) ten or more
years of service, in respect of full-time service a teacher shall accrue 10 days
per year of service.
(b) A teacher
shall be entitled to accrue leave in respect of part-time service as set out in
paragraph (a) of this subclause on a pro rata basis according to his or her FTE
(as defined in paragraph (c) of this subclause).
(c) For the
purposes of this clause the "FTE" is defined as the proportion which
the number of teaching hours per week worked by a teacher bears to the number
of teaching hours which a full-time teacher at the school is required to teach
per week. (NB that this formula is the same as that which is utilised in
subclause 4.8 of this award for calculation of payment of part-time teachers).
(d) A teacher
shall be entitled to leave in accordance with this subclause together with
leave accrued before 30 January 2006 pursuant to subclause 13.3.
13.3 Calculation of
Accrual as at 29 January 2006
(a) A teacher
whose employment commenced prior to 30 January 2006 will have accrued long
service leave as at 29 January 2006 in accordance with previous award and
legislative provisions.
A summary of the accrual rates pursuant to these
provisions is set out below:
Calculation of Entitlement:
Prior to 31 July 1985
|
.866 weeks per year.
|
1 August 1985 to
|
1.05 weeks per year up to 10 years of service.
|
30 January 1995
|
1.5 weeks per year after 10 years of service.
|
31 January 1995 to
|
1.3 weeks per year up to 10 years of service.
|
31 January 2001
|
1.9 weeks per year, after 10 years of service.
|
1 February 2001 to
|
1.3 weeks per year up to 10 years of service.
|
29 January 2006
|
2 weeks per year after 10 years of service.
|
(b) It is the
intention of the parties that on and from 30 January 2006 long service leave
accrual will reflect the differing patterns of work of teachers within Catholic
schools, whose teaching load changes from full-time to part-time and/or vice
versa during their working career. To
that end on 29 January 2006, all existing accruals will be converted from weeks
to working days.
(c) The following
formula will be used to calculate the number of days of long service leave that
a teacher is entitled to as at 29 January 2006:
(i) all full-time
teachers, as at 29 January 2006, will have their weeks of accrued long service
leave converted to days on the basis of 1 week of accrued leave equals 5 days
of accrued leave;
(ii) all part-time
teachers, as at 29 January 2006, will have their weeks of accrued long service
leave converted to days by averaging the FTE (as defined in accordance with
paragraph (c) of subclause 13.2 of this clause) of the last 5 years of eligible
service, comparing it with the current FTE (i.e. as at 29 January 2006) and
using the higher figure for conversion to days.
13.4 Entitlement to
Long Service Leave and Payment of Long Service Leave on Termination
(a) A teacher
shall be entitled to take long service leave accrued in accordance with
subclauses 13.2 and 13.3 of this clause on the completion of ten years service
with an employer and on the completion of each additional seven years service
thereafter.
(b) In the case of
a teacher who has completed at least 5 years service with an employer and the
service of the teacher is terminated or ceases for any reason, such teacher
shall be paid their accrued long service leave calculated in accordance with
subclause 13.2 and subclause 13.3 of this clause.
13.5 Conditions of
Taking Leave
(a) It is the
intention of the parties that the number of days of long service leave accrued
by the teacher can be taken at the teacher’s current FTE when the long service
leave is taken.
For example, a teacher works full-time for their first
ten years of employment and then reduces to 2.5 days per week (0.5 FTE) for the
next five years of their employment. The teacher would accrue 65 days of long
service leave for their first ten years of service and then 25 days of long service
leave over their next five years of service, a total of 90 days long service
leave. If the teacher works 2.5 days per week (0.5 FTE) at the time they
commence leave, the teacher would be entitled to take their 90 days of long
service leave over 36 weeks.
The following paragraphs (b) - (e) apply to the
Dioceses of Broken Bay and Parramatta only.
For the corresponding conditions of taking leave for the Archdiocese of
Sydney see the Enterprise Agreement.
(b) Where a
teacher has become entitled to long service leave in respect of the teacher’s
service with an employer, the employer shall give to the teacher and the
teacher shall take the leave as soon as practicable, having regard to the needs
of the employer, provided always that unless the employer otherwise agrees, the
teacher shall give not less than two school terms notice of the teacher’s wish
to take leave, and further provided that the employer shall give the teacher
not less than two school terms notice of any requirement that such leave be taken.
(c) A teacher may
request and be granted up to one weeks leave without pay to be taken in
addition to long service leave such that the total period of leave comprises
one or more complete school terms.
(d) Long Service
leave will be exclusive of pupil vacation periods adjacent to or within the
period of leave. Provided however that
in the case only of a teacher who wishes to take a short block of long service
leave immediately before or immediately after a pupil vacation period but not
in accordance with sub-clause 13.10 Long Service Leave in Short Blocks nor in
accordance with other diocesan policy on long service leave, then the employer
may impose that the leave is inclusive of the pupil vacation period adjacent to
or within the period of leave.
(e) Where a
teacher is entitled to an amount of long service leave which is in excess of a
school term the teacher may elect not to take that part of the long service
leave which is in excess of a term (the deferred leave), until such time as the
teacher accumulates further entitlements which when taken together with the
deferred leave enables long service leave to be taken for a whole term.
13.6 Public Holidays
and Long Service Leave
A period of long service leave will be exclusive of a
public holiday falling within it.
Notation: A contrary provision applied under previous
awards in place from 1 January 1985 until 7 December 2000.
13.7 Service
The service of a teacher with an employer shall be
deemed continuous notwithstanding the service has been interrupted by reason of
the teacher taking approved leave without pay (including unpaid leave in
accordance with clause 12, Parental Leave), but the period during which the
service is so interrupted shall not be taken into account in calculating the
period of service.
13.8 Payment in Lieu
of Long Service Leave
(a) Diocese of
Broken Bay
(i) Where a
teacher has an entitlement to long service leave and takes leave in accordance
with the NSW Long Service Leave Act (that is, at least for a month) the
teacher and the employer may agree that, in addition to payment for the long
service leave taken, the teacher may be paid an amount in lieu of any
additional long service leave accumulated by the teacher.
(ii) If payment is
elected to be taken in lieu of long service leave the amount the employer will
pay in lieu of long service leave will be limited to the amount taken in actual
leave.
(iii) Any payment
arising from the conditions applicable in this subclause will be paid by the
employer upon the commencement of the teacher’s long service leave.
(iv) Where a payment
in lieu of long service leave is paid by the employer in accordance with this
subclause, a teacher’s entitlements to long service leave will be reduced by
the extent of such payment.
(b) Diocese of Parramatta
See the relevant Enterprise Agreement
(c) Archdiocese of
Sydney
See the relevant Enterprise Agreement.
13.9 Long Service
Leave and Leave Without Pay
Where a teacher takes long service leave for an entire
school term and the teacher wishes to take the following school term as leave
without pay, the employer will ordinarily consent to such arrangement where the
teacher has had five years continuous service with that employer. However such leave without pay will
ordinarily be approved for terms in the same year.
13.10 Long Service
Leave in Short Blocks
(a) The Diocese of
Broken Bay may permit a teacher to take long service leave in blocks of less
than a full term; provided that:
(i) the teacher
has eligible service of at least five years;
(ii) the
application is approved by the principal having regards to the educational
needs of the students, critical times of the school year and the personal
circumstances of the teacher;
(iii) the minimum
period of leave to be taken in any one application is two weeks;
(iv) the period of
leave is taken within a single term; and
(v) the leave may
not be taken during the first four weeks of first term.
(b) Diocese of
Parramatta
See the relevant Enterprise Agreement.
(c) Archdiocese of
Sydney
See the relevant Enterprise Agreement.
14. Other Leave
14.1 Bereavement
Leave
(a) A teacher
shall on the death of a spouse, father, mother, father-in-law, mother-in-law,
grandparent, brother, sister, child, stepchild or grandchild of the teacher be
entitled to paid leave up to and including the day of the funeral of such
relative. Such leave shall not exceed
three school days. A teacher may be
required to provide the employer with satisfactory evidence of such death.
(b) Where a
teacher takes bereavement leave in accordance with paragraph (a) of this
subclause an employer, in their absolute discretion, may grant the teacher
additional leave as leave without pay or leave with pay.
(c) Where a
teacher requests leave to attend a funeral of a person not specified in
paragraph (a) the employer in their absolute discretion may grant the teacher
leave as leave without pay or bereavement leave with pay.
(d) Where an
employer grants a teacher leave with pay in accordance with paragraphs (b) or
(c) of this subclause, such leave will be deducted from the teacher’s
entitlement to sick leave in accordance with clause 10, Sick Leave.
(e) Bereavement
Leave shall be available to the teacher in respect to the death of a person in
relation to whom the teacher could have utilised Personal/Carer’s Leave in
Clause 11, provided that for the purpose of Bereavement Leave, the teacher need
not have been responsible for the care of the person concerned.
(f) Bereavement
Leave may be taken in conjunction with other leave available under subclause
11.4 of Clause 11, Catholic Personal/Carer’s Leave. In determining such a request the employer will give
consideration to the circumstances of the teacher and the reasonable
operational requirements of the business.
(g) Bereavement
Entitlement for Casual Teachers
(i) Casual
teachers are entitled to not be available to attend work, or to leave work upon
the death in Australia of a person in
relation to whom the teacher could have utilised Catholic Personal/Carer’s
Leave in 11.5, provided that for the purpose of this bereavement entitlement,
the casual teacher need not have been responsible for the care of the person
concerned. A casual teacher must notify the employer as soon as practicable of
their intention to access this entitlement and may be required to provide the
employer with satisfactory evidence of such death.
(ii) The employer
and the teacher shall agree on the period for which the teacher will be
entitled to not be available to attend work. In the absence of agreement, the
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.
(iii) An employer
must not fail to re-engage a casual teacher because the teacher accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual teacher are otherwise not affected.
14.2 Military
Reserve Leave
Military Reserve Leave - A teacher who is a member of
the Australian Military Reserve or other Australian military forces shall be
granted unpaid leave for the purpose of attending any compulsory camp or
posting.
14.3 Examination
Study Leave
Any teacher who, for the purpose of furthering teacher
training, enrols in any course at a recognised higher education institution,
shall be granted leave:
(a) with pay on
the day of any examination required in the course;
(b) without pay
for the purpose of attending any compulsory residential school which is a part
of such course.
14.4 Jury Service
(a) A full time or
part-time teacher required to attend for jury service during ordinary working
hours shall be provided with paid leave for this purpose. The teacher shall be required to reimburse
to the employer any monies payable to the teacher for such attendance
(excluding reimbursement of expenses) which required the teacher’s absence from
school.
(b) The teacher
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service.
The teacher shall provide to the employer a copy of the summons to
attend jury duty and a record of payments received as proof of attendance.
14.5 Short Community
Service
Where a teacher’s involvement in a community service
activity has been approved by the employer after consideration of the needs of
the school, a teacher shall be entitled to paid leave of not more than five
days in any school year (unless agreed with the employer) for emergency leave
for service to the community. Examples
of purposes for which such leave may be granted include to work in the State
Emergency Service or Volunteer Fire Brigade.
14.6 Overseas
Volunteer Programs
(a) A full-time or
part-time teacher shall be entitled to leave without pay to work in a
recognised overseas volunteer program in accordance with this sub-clause. Such leave shall normally be granted for one
year but may be granted for up to two years if required by the relevant
volunteer program and agreed by the employer.
(b) A teacher is
eligible for leave after completion of five years continuous service with the
employer. An application for leave
shall be accompanied by evidence of approval to work in the scheme and the
proposed period of leave.
(c) Such leave
without pay shall not count as service with the employer for the purpose of
long service leave.
15. Termination
15.1 Period of
Notice
The employment of any teacher (other than a casual
teacher) shall not be terminated without at least four school term weeks notice
on either side, or the payment of, or forfeiture of, four weeks’ salary in lieu
of notice. Provided that such four
weeks’ notice shall expire within the school term during which it is given and
shall expire either:
(a) at the end of
the said school term; or
(b) at least two
weeks before the end of the said school term.
15.2 Summary
Dismissal
The foregoing shall not affect the right of the
employer to dismiss summarily any teacher for incompetence, misrepresentation,
neglect of duty or other misconduct.
15.3 Payment on
Termination
A full-time, part-time or temporary teacher shall be
entitled on termination of employment to a payment calculated in accordance
with this clause which will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act, 1944; and
(b) notwithstanding
any other provisions in this award.
15.4 Calculation of
Payments
(a) A payment made
pursuant to this clause to a teacher whose teaching hours have remained
constant during the school year in which the termination is effective shall be
calculated in accordance with the following formula:
Step 1
|
A x B
|
= D
|
|
C
|
|
|
|
|
Step 2
|
D - E
|
= F
|
|
|
|
Step 3
|
F x G
|
= H
|
|
2
|
|
where:
A = The number of term weeks worked by the
teacher since the school service date
B = The number of non-term weeks in the school
year
C = The number of term weeks in the school year
D = Result in weeks
E = The number of non-term weeks worked by the
teacher since the school service date
F = Result in weeks
G = Teachers current fortnightly salary
H = Amount Due
(b) A payment made
pursuant to this clause to a teacher whose teaching hours have varied during
the course of the school year in which the termination is effective shall be
calculated in accordance with the following formula:
Step 1
|
A - B
|
= C
|
|
|
|
Step 2
|
C x D
|
= F
|
|
E
|
|
|
|
|
Step 3
|
F - B
|
= G
|
where:
A = Total salary paid to the teacher since the
school service date
B = Salary paid to the teacher in respect of
non-terms weeks since the school service date
C = Salary paid to the teacher in respect of
term weeks since the school service date
D = The total number of non-term weeks in the
school year
E = The total number of term weeks in the school
year
F = Result in dollars
G = Amount Due
15.5 Statement of
Service
Refer to sub-clauses 3.7 and 3.8 of clause 3, Terms of
Engagement.
16. Occupational
Superannuation (Contribution By Employer)
16.1 Definitions -
For the purposes of this clause:
(a) "Basic
earnings" shall mean:
(i) the minimum
annual rate of salary prescribed from time to time for the employee by
subclauses 4.1 and 4.7 of clause 4, Salary; and
(ii) the amount of
any allowance which is prescribed from time to time for the employee by
subclauses 4.2 of the clause 4 Salary and clause 5, Promotion Positions of this
award; and
(iii) the amount of
any payment made to the employee pursuant to clause 7 Annual Adjustment of
Salary or clause 15 Termination.
(b) "Employee"
means a teacher to whom this award applies.
(c) "Employer"
means the employer of a teacher to whom this award applies.
(d) "Fund"
means:
(i) the New South
Wales Non-Government Schools Superannuation Fund and the Catholic
Superannuation and Retirement Fund; and
(ii) any other
superannuation fund approved in accordance with the Commonwealth’s operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee.
(e) "Casual"
means a casual employee as defined in clause 2, Definitions.
16.2 Fund - The New
South Wales Non-Government Schools Superannuation Fund shall be made available
by each employer to each employee.
16.3 Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, each employer shall,
in respect of each employee employed by it, pay contributions into a fund to
which the employee is eligible to belong; and, if the employee is eligible to
belong to more than one fund, the fund nominated by the employee, at the rate
of nine or such other rate as provided by superannuation legislation as amended
from time to time.
(b) Subject to
paragraph (f) of this subclause, contributions shall be paid at intervals and
in accordance with the procedures and subject to the requirements prescribed by
the relevant fund or as trustees of the fund may reasonably determine.
(c) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) Contributions
shall commence to be paid:
(i) in the case
of an employee who was employed at 1 July 1988, from the beginning of the first
pay period commencing on or after 1 July 1988; and
(ii) in the case
of an employee employed after 1 July 1988, from the beginning of the first pay
period commencing on or after the employee’s date of engagement.
Provided that if the employee had not applied to join a
fund within six weeks of 1 July 1988 (in the case of an employee employed at 1
July 1988), or within six weeks of the employee’s date of engagement (in the
case of an employee who is employed after 1 July 1988), the employer shall
commence to pay contributions from the beginning of the next pay period
commencing on or after the date on which the employee applies to join a fund.
(e) The employee
shall advise the employer in writing of the employee’s application to join a
fund pursuant to this award.
(f) An employer
shall make contributions pursuant to this award in respect of:
(i) casual
employees who earn in excess of $2,820.00 during their employment with that
employer in the course of any year, running from 1 July to the following 30
June (all such casual employees are hereinafter called "qualified
employees"); and
(ii) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes such employees, the employer shall notify its
employees of such approval and shall, if an employee so requests, provide the
employee with a copy of the Trust Deed of such fund and of a letter from the
Insurance and Superannuation Commissioner, granting interim or final listing to
the fund, at a cost of 80 cents per page of such copies.
(h) When a new employee
commences in employment, the employer shall advise the employee in writing of
the employee’s entitlements under this award within two weeks of the date of
commencement of employment and also of the provisions of paragraph (d) of this
subclause in the case of a full-time employee and paragraph (f) of this
subclause in the case of a casual employee.
16.4 Transfers
between Funds - If an employee is eligible to belong to more than one fund, the
employee shall be entitled to notify the employer that the employee wishes the
employer to pay contributions in respect of the employee to a new fund, but
shall not be entitled to do so within three years after the notification made
by the employee pursuant to paragraph (e) of subclause 16.3 of this clause or within
three years after the last notification made by the employee pursuant to this
clause. The employer shall only be
obliged to make such contributions to the new fund where the employer has been
advised in writing:
(a) of the
employee’s application to join the other fund; and
(b) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
17.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
Section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed in this award the parties have obligations to ensure that the
operation of the provision 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 of
operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee who has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to effect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iii) a party to
this award from pursuing matters of unlawful discrimination.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(i) Employers and
employees may also be subject to Commonwealth Anti-Discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
18. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
18.1 Definitions
For the purpose of this clause:
"Child" means a person under the age of 18
years.
"Reportable Conduct" as defined in the Ombudsman
Act 1974 means:
(a) Any sexual
offence, or sexual misconduct, committed against, with or in the presence of a
child (including a child pornography offence), or
(b) Any assault,
ill treatment or neglect of a child, or
(c) any behaviour
that causes psychological harm to a child,
whether or not, in any case, with the consent of the
child.
"Exempt Allegation" means an allegation to
which one or more of the exemptions to reportable conduct pursuant to the
Ombudsman Act 1974 applies. These
exemptions are:
(a) conduct that
is reasonable for the purpose of the discipline, management or care of
children, having regard to the age, maturity, health or other characteristics
of the children and to any relevant codes of conduct or professional standards,
or
(b) the use of
physical force that, in all the circumstances, is trivial and negligible, but
only if the matter is to be investigated and the result of the investigation
recorded under workplace employment procedures, or
(c) conduct of a
class or kind exempted from being reportable conduct by the Ombudsman under section
25CA of the Ombudsman Act 1974.
"Reportable allegation" means an allegation
of reportable conduct against an employee or an allegation of misconduct that
may involve reportable conduct.
18.2 Natural Justice
to employees in dealing with reportable allegations and exempt allegations
An employee, against whom a reportable allegation or an
exempt allegation has been made in the course of employment, is to be informed
by his or her employer (or the person delegated by his or her employer to do
so) of the reportable allegation or exempt allegation made against them and be
given:
(a) an opportunity
to respond to the reportable allegation or exempt allegation; and
(b) sufficient
information to enable them to respond to the matters alleged against him/her. He or she must be given full details unless
the Police or other government agency involved in the investigation of the
matters alleged against the employee, have otherwise directed the employer not
to do so.
Where an interview is required, the employee shall be
advised in advance of the general purpose of any interview relevant to the
reportable allegation or exempt allegation the names and positions of persons
who will be attending the interview; the right to be advised of an entitlement
to be accompanied by a person of the employee’s choice (a witness), and
sufficient notice of the proposed meeting time to allow such witness to
attend. Such witness may be a union
representative.
18.3 Access to files
(a) Such employee
is to be informed by his or her employer of the location of any files that the
employer holds relating to the employee, concerning a reportable allegation or
an exempt allegation made against the employee.
(b) The employee
may, subject to giving reasonable notice, have the right to inspect such files
held by the employer.
(c) The employer
may restrict or withhold access to any such file, or part of a file, where the
employer has reason to believe that the provision of access would either;
(i) compromise or
put at risk the welfare or safety of a child who is the alleged victim or
subject of the reportable allegation or exempt allegation, or
(ii) contravene
any statutory provision, or guideline or policy directive of an government
authority or agency, in relation to the reporting or investigation, including
police criminal investigation, of any reportable allegation or exempt
allegations, or
(iii) prevent the
employer from conducting or completing the investigation or reporting of the
details of a reportable allegation or an exempt allegation against an employee,
in compliance with any statutory deadline.
18.4 Additional
Documentation from Employee
(a) An employee
against whom a reportable allegation or an exempt allegation has been made may
submit to his or her employer documentation, in response to the matters alleged
against him or her.
(b) The employer
must place such documentation on the file held by the employer concerning the
reportable allegation or exempt allegation made against the employee.
18.5 Confidentiality
of documents and files
(a) The employer
must implement procedures to safeguard the confidentiality of any file held by
the employer concerning any reportable allegation or exempt allegations made
against an employee.
19. Suspension
Notwithstanding any of the provisions in this award, an
employer may suspend a teacher with or without pay while considering any matter
which in the view of the employer could lead to the teacher’s summary
dismissal. Suspension without pay shall
not be implemented by the employer without prior discussion with the teacher
and shall not, except with the teacher’s consent, exceed a period of four
weeks.
20. Disputes
Procedure
The objective of these procedures is the avoidance or
resolution of industrial disputation, arising under this Award by measures
based on consultation, co-operation and negotiation.
20.1 Without
prejudice to other party, the parties shall ensure the continuation of work in
accordance with this award and custom and practice in the schools of the
employer.
20.2 In the event of
any matter arising which is of concern or interest, the teacher shall discuss
this matter with the Principal or his or her nominee.
20.3 If the matter
is not resolved at this level, the teacher may refer this matter to the union
representative in the workplace, who will discuss the matter with the Principal
or his or her nominee.
20.4 If the matter
remains unresolved, it shall be referred to the General Secretary of the union
or his or her nominee and the senior official or his or her nominee of the
Catholic Education Office (or Catholic Schools Office) of the Diocese for
discussion and appropriate action. The senior official may request assistance
from the Catholic Commission for Employment Relations.
20.5 If this matter
cannot be resolved at this level it may be referred to the Industrial Relations
Commission of New South Wales.
20.6 Nothing
contained in this procedure shall prevent the General Secretary of the union or
his or her nominee or the nominee of the employer from entering into negotiations
at any level, either at the request of a member or on his or her own initiative
in respect of matters in dispute should such action be considered conducive to
achieving resolution of the dispute.
21. No Extra Claims
21.1 The union will
not make or pursue any extra award claims for improvements in wages or other
terms and conditions of employment until 31 December 2008.
21.2 The parties
agree that the wage increases provided for in this award are in lieu of any
improvements in wages provided for under any decision of the Industrial
Relations Commission of New South Wales (including any State Wage Case
decision) handed down prior to or during the nominal term of this award and
until 31 December 2008 and no claim can be made for such increases.
22. Area Incidence
and Duration
22.1 This award
replaces and rescinds the Teachers (Archdiocese of Sydney and Dioceses of
Broken Bay and Parramatta) (State) Award 2004 published on 18 March 2005 (349
I.G. 355), as varied.
22.2 It shall apply
to all teachers and teacher-librarians employed in any recognised Catholic
school or special school registered under the provisions of the Education
Act 1990 and operated by the Archdiocese of Sydney or the Diocese of Broken
Bay or the Diocese of Parramatta.
Provided further that the award shall not apply to the
following persons:
(a) teachers of
music or other individual arts who are remunerated on an individual fee basis;
(b) members of a
recognised religious order and/or Clerks in Holy Orders, and/or Ministers of Religion;
provided that application may be made on behalf of any such member to be
included within the scope of this award;
(c) employees
within the jurisdiction of the Independent Schools and Colleges, General Staff
&c. (State) Industrial Committee and the Kindergartens &c. (State)
Industrial Committee.
(d) persons
employed in kindergartens, nursery schools or other pre-school centres licensed
as child care centres under the Children (Care and Protection) Act 1987.
22.3 This award
shall take effect from 1 January 2006 and remain in force until 31 December
2008.
PART B
Table 1 - Wage
Rates
ANNUAL SALARY
|
Step
|
Effective
|
Effective
|
Effective
|
|
from first pay
period on
|
from first pay
period on
|
from first pay
|
|
or after
|
or after
|
period on or after
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
Steps 1-12
|
Steps 1-12
|
Steps 1-12
|
|
(3%)
|
(3%)
|
(3%)
|
|
Step 13
|
Step 13
|
Step 13
|
|
(4.5%)
|
(4.5%)
|
(4%)
|
|
$
|
$
|
$
|
1
|
36,936
|
38,044
|
39,185
|
2
|
40,259
|
41,467
|
42,711
|
3
|
42,943
|
44,231
|
45,558
|
4
|
45,167
|
46,522
|
47,918
|
5
|
47,621
|
49,050
|
50,522
|
6
|
50,072
|
51,574
|
53,121
|
7
|
52,527
|
54,103
|
55,726
|
8
|
54,983
|
56,632
|
58,331
|
9
|
57,435
|
59,158
|
60,933
|
10
|
59,888
|
61,685
|
63,536
|
11
|
62,341
|
64,211
|
66,137
|
12
|
64,798
|
66,742
|
68,744
|
13
|
69,334
|
72,454
|
75,352
|
Table 2 - Allowances for Positions of Special
Responsibility
Clause No.
|
|
ANNUAL ALLOWANCE
|
|
|
|
|
|
Effective from
first
|
Effective from
first
|
Effective from
first
|
5.1(a)
|
Position
|
pay period on or
after
|
pay period on or
after
|
pay period on or
after
|
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
|
(4%*)
|
(4%*)
|
(4%*)
|
|
|
$
|
$
|
$
|
|
Senior Teacher 2
|
5,582
|
5,632
|
5,857
|
|
Co-ordinator 1
|
5,582
|
5,632
|
5,857
|
|
Co-ordinator 2
|
11,163
|
11,263
|
11,714
|
|
Co-ordinator 3
|
16,745
|
16,895
|
17,571
|
* Calculated as the required increase in the allowance
necessary to provide an increase of 4% in total salary for a teacher on Step 13
holding a Coordinator 2 position; the other allowances are calculated in
proportion to the Coordinator 2 allowance.
Table 3A -
Allowances for Assistant Principal Positions in the Diocese of Broken Bay*
|
ANNUAL ALLOWANCE
|
Clause
|
Position
|
Effective
|
Effective
|
Effective
|
No.
|
|
from first pay
|
from first pay
|
from first pay
|
|
|
period on or after
|
period on or after
|
period on or after
|
|
|
1 January 2006
|
1 January 2007
|
1 January2008
|
|
|
(4%*)
|
(4%*)
|
(4%*)
|
|
|
$
|
$
|
$
|
5.1(b)
|
Assistant Principal - Secondary
|
|
|
|
|
Enrolment in a secondary
|
|
|
|
|
department at previous year’s
|
|
|
|
|
census date
|
|
|
|
|
201-300
|
21,666
|
22,186
|
23,074
|
|
301-600
|
23,897
|
24,506
|
25,486
|
|
601-900
|
26,126
|
26,824
|
27,897
|
|
901-1200
|
28,352
|
29,139
|
30,305
|
|
1201+
|
30,584
|
31,461
|
32,720
|
|
Assistant Principal - Primary
|
|
|
|
|
Enrolment in a Primary
|
|
|
|
|
Department at previous year’s
|
|
|
|
|
census date
|
|
|
|
|
101-250
|
17,522
|
17,876
|
18,591
|
|
251-400
|
19,541
|
19,976
|
20,775
|
|
401-600
|
21,666
|
22,186
|
23,074
|
|
601-800
|
23,897
|
24,506
|
25,486
|
|
801 +
|
26,126
|
26,824
|
27,897
|
* Calculated as the required increase in the allowance
necessary to provide an increase of 4% in total salary for a teacher on Step 13
holding the relevant position.
Table 3B -
Salaries for Assistant Principal Positions for the Archdiocese of Sydney and
the Diocese of Parramatta
|
ANNUAL SALARY
|
Clause
|
Position
|
Effective
|
Effective
|
Effective
|
No.
|
|
from first pay
|
from first pay
|
from first pay
|
|
|
period on or after
|
period on or after
|
period on or after
|
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
|
(4%)
|
(4%)
|
(4%)
|
|
|
$
|
$
|
$
|
5.1(b)
|
Assistant Principal - Secondary
|
|
|
|
|
Enrolment in a secondary
|
|
|
|
|
department at previous year’s
|
|
|
|
|
census date
|
|
|
|
|
201-300
|
91,000
|
94,640
|
98,426
|
|
301-600
|
93,231
|
96,960
|
100,838
|
|
601-900
|
95,460
|
99,278
|
103,249
|
|
901-1200
|
97,686
|
101,593
|
105,657
|
|
1201+
|
99,918
|
103,915
|
108,072
|
|
Assistant Principal - Primary
|
|
|
|
|
Enrolment in a Primary
|
|
|
|
|
Department at previous year’s
|
|
|
|
|
census date
|
|
|
|
|
101-250
|
86,856
|
90,330
|
93,943
|
|
251-400
|
88,875
|
92,430
|
96,127
|
|
401-600
|
91,000
|
94,640
|
98,426
|
|
601-800
|
93,231
|
96,960
|
100,838
|
|
801 +
|
95,460
|
99,278
|
103,249
|
Table 4 - Other
Rates
Item
|
Clause
|
Brief Description
|
Effective from
|
Effective from
|
Effective from
|
No.
|
No.
|
|
first pay period
|
first pay period
|
first pay period
|
|
|
|
on or after
|
on or after
|
on or after
|
|
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
|
|
(4%)
|
(4%)
|
(4%)
|
|
|
|
$
|
$
|
$
|
1
|
4.2(a)
|
(i) Full-time Teacher teaching
|
2,087per
|
2,170 per
|
2,257per
|
|
|
|
annum
|
annum
|
annum
|
|
|
classes of children with a disability
|
|
|
|
|
|
(ii) Part-time or Casual Teachers
|
10.23per day
|
10.64per day
|
11.06 per day
|
|
|
teaching classes of children with a
|
|
|
|
|
|
disability
|
|
|
|
2
|
4.2(b)
|
Principal Teachers of school for
|
327 per
|
340 per
|
354 per
|
|
|
children with a disability for each
|
annum
|
annum
|
annum
|
|
|
Teacher supervised
|
per teacher
|
per teacher
|
per teacher
|
3
|
4.2(b)
|
Maximum payment per annum
|
1,696 per
|
1,764 per
|
1,835per
|
|
|
under Item 2
|
annum
|
annum
|
annum
|
4
|
4.9
|
Own car allowance where use
|
|
|
|
|
|
authorised by the school
|
0.60 per km
|
0.60 per km
|
0.60 per km
|
ANNEXURE A
Teacher Classifications and Teacher Librarians.
1. Teacher
Classifications
This Annexure contains more detail concerning
qualifications equivalent to those specified for classifications in clause 2,
Definitions of this award.
(a) Four Years
Trained Teacher includes a teacher with the following equivalent
qualifications:
(i) A teacher who
has satisfactorily completed a four years’ training course at Sydney Teachers’
College and the New South Wales Conservatorium of Music; or
(ii) A teacher who
has satisfactorily completed a four years’ diploma of Art course that
incorporates the equivalent of a one year’s full-time course in teacher
education at a recognised higher education institution; or
(iii) A teacher,
who in addition to satisfying the requirements for classification as a Three
Years Trained Teacher, has satisfactorily completed a two-semester course of
training for teacher-librarians conducted by a recognised higher education
institution;
(iv) A teacher, who
in addition to being a graduate, has completed a two-semester course of
training for teacher-librarians conducted by a recognised higher education
institution;
(v) A teacher, who
in addition to being a graduate, is eligible for Associate (Professional)
Membership of the Library Association of Australia.
(b) Three Years
Trained Teacher includes a teacher with the following equivalent
qualifications:
(i) A Two Years
Trained Teacher who, in addition, has satisfactorily completed the two semester
course of training for teacher-librarians conducted by a recognised higher
education institution; or
(ii) A teacher who
is a Three Years Conditionally Classified Teacher, who in addition to the
qualifications necessary to gain a Three Years Conditionally Classified status,
has satisfactorily completed a two-semester course of training for
teacher-librarians conducted by a recognised higher education institution; or
(iii) A teacher
employed as a teacher-librarian who is eligible for Associate (Professional)
Membership of the Library Association of Australia, but is not a graduate.
(iv) A person
employed as a teacher-librarian who is eligible for Associate (Professional)
Membership of the Library Association of Australia, but who is not a graduate;
or
(c) Two Years
Trained Teacher includes a teacher with the following equivalent
qualifications:
(i) A teacher who
is a Two Years Conditionally Classified Teacher who in addition to the
qualifications necessary for Two Years Conditionally Classified status, has
satisfactorily completed a two-semester course of training for
teacher-librarians conducted by a recognised higher education institution; or
(ii) A teacher who
was classified as a One Year Trained Teacher prior to the introduction of this
award and who in addition to the qualifications necessary for that
classification, has satisfactorily completed a two-semester course of training
for teacher-librarians conducted by a recognised higher education institution
2. Teacher-Librarians
The role description of a teacher-librarian is as
follows:
A Teacher Librarian, where appointed in a school, is a
member of the school’s professional staff and is responsible to the principal
for:
(a) participating
in the teaching of information literacy in the context of the total curriculum
and
(b) assisting in
the management of the school’s information resources and services to facilitate
learning/teaching.
This framework for the role of the Teacher Librarian is
necessarily broad and recognises that each role is significantly shaped by
local needs and circumstances. It aims
to identify the key accountabilities in the role but does not seek to nominate
specific strategies for their implementation.
It is the responsibility of each Principal to identify and document these
for a given school.
The Role Description Which Is Developed At Each School
Should:
promote the role of Teacher Librarian within the school
facilitate effective and valid appraisal
assist in establishing a professional development
agenda for the Teacher Librarian
Key Accountabilities
Within The School.
The Teacher Librarian Is Expected To
show a commitment to the Church’s mission in Catholic
education
have a professional involvement in the learning and
teaching program of the school by collaborating with teachers in curriculum
development, implementation and development
initiate and co-operate in programs to ensure students
become discerning users of information to enable them to achieve the learning
outcomes specified in the school’s education programs
play a role in the whole schools information technology
program
provide experiences to encourage reading, literacy, and
information usage
develop, organise and manage information resources
which meet the educational, cultural and recreational needs of students and the
professional needs of teachers
facilitate access to external sources of information
take responsibility for library management
participate in activities which support the development
of the school community
ANNEXURE B
PORTABILITY
Part to be completed by teacher:
Name of Teacher:
|
|
|
|
Name of former Catholic Employer:
__________________________________________________
|
|
|
I, _________________________
|
was formerly employed by ____________
|
(Name of teacher)
|
(Name of former Catholic employer)
|
|
|
as a teacher from ______________ to
|
________________________
|
(Date)
|
|
(Date)
|
|
|
|
|
|
I commenced as a teacher with ________________________
|
on _____________________
|
|
(Date)
|
|
|
|
___________________________
|
________________________
|
Signature
|
Date
|
|
|
|
Part to be completed by former Catholic Employer:
|
|
___________________________
|
was employed by the employer as a teacher
|
(Name of teacher)
|
|
|
|
|
|
|
|
and ceased work on
________________
|
|
(Date)
|
|
|
|
|
|
At that time, untaken sick leave with the employer over the
proceeding - years of continuous service is as follows:
(Date)
SET OUT RECORD
e.g:
Last year of employment
|
Sick Days
|
Year 2 accumulation
|
Sick Days
|
Year 3 accumulation
|
Sick Days
|
Year 4 accumulation
|
Sick Days
|
Year 5 accumulation
|
Sick Days
|
Year 6 accumulation
|
Sick Days
|
__________________________
|
_______________________
|
Employer
|
Date
|
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.