Principals
(Country and Regional Dioceses) (State) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 1633 of 2006)
Before The Honourable
Justice Schmidt
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23 March 2006
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AWARD
1. Arrangement
PART A
CONDITIONS
This Award is arranged as follows:
Clause No. Subject Matter
1. Arrangement
2. Definitions
(a) Part-Time Principal
(b) Principal
(c) Diocese
(d) Service Date
(e) Statement of Service
3. Terms of
Engagement
3.1 Letter of Appointment
3.2 Selection and Appointment Procedures
3.3 Part-Time Principal
3.4 Principal Skill Development
3.5 Employer Direction
3.6 Statement of Service
4. Salaries
and Related Matters
4.1 Minimum Annual Salary
4.2 Payment of Salary
4.3 Travelling Expenses
4.4 Overpayment
4.5 Annual Remuneration
5. Annual
Adjustment of Salary
5.1 In Lieu of the Annual Holidays Act, 1944
5.2 Application of this Clause
5.3 Calculation of Payments
5.4 Principals Who Commence Employment after the School Service
Date
5.5 Principals Who Take Approved Leave Without Pay or Parental
Leave
5.6 Payment not Less than under Annual Holidays Act, 1944.
6. Annual
Holiday Loading
7. Sick
Leave
7.1 Entitlement
7.2 Accumulation
7.3 Evidence of Sickness
7.4 Portability
8. Catholic
Personal/Carer's Leave
8.1 Use of Sick Leave to Provide Care and Support for a Family
Member
8.2 Use of Sick Leave for a Pressing Domestic Necessity
8.3 Notification of Intention to Take Leave
8.4 Unpaid Leave for Family Purpose
8.5 Entitlement for Casual Principals
9. Parental
Leave
9.1 Maternity Leave
9.2 Adoption Leave
9.3 Paternity Leave
9.4 Prior Service with Another Catholic Diocesan Employer or
Catholic Independent School
9.5 Casual Principals
9.6 Right to Request
9.7 Communication During Parental Leave
10. Long
Service Leave
10.1 Applicability of Long Service Leave Act 1955
10.2 Accrual of Long Service Leave from 30 January 2006
10.3 Calculation of Accrual as at 29 January 2006
10.4 Entitlement to Long Service Leave and Payment on Termination
10.5 Conditions of Taking Leave
10.6 Public Holidays and Long Service Leave
10.7 Service
10.8 Payment in Lieu of Long Service Leave
10.9 Long Service Leave and Leave Without Pay
10.9 Long Service Leave in Short Blocks
11. Other
Leave
11.1 Bereavement Leave
11.2 Military Reserve Leave
11.3 Examination Study Leave
11.4 Jury Service
11.5 Short Community Service
11.6 Overseas Volunteer Programs
12. Continuity
Of Service
13. Termination
13.1 Period of Notice
13.2 Summary Dismissal
13.3 Payment on Termination
13.4 Calculation of Payments
13.5 Statement of Service
14. Anti-Discrimination
15. Fair
Procedures For Investigating Allegations Of Reportable Conduct And Exempt
Allegations Pursuant To The Ombudsman Act 1974.
15.1 Definitions
15.2 Natural Justice to Employees in Dealing with Reportable
Allegations and Exempt Allegations.
15.3 Access to Files
15.4 Additional Documentation from Employee
15.5 Confidentiality of Documents and Files
16. Disputes
Procedure
17. No Extra
Claims
18. Superannuation
19. Area,
Incidence And Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 1A - Wage Rates - Principals of Small Primary
Schools In The Diocese of Wagga Wagga
Table 2 - Other Rates of Pay and Allowances
Annexure A - Portability
Annexure B - Diocese Of Lismore
2. Definitions
For the purpose of this award:
(a) "Part-Time
Principal" shall mean a principal who is employed to work regularly, but
for less than a full school week.
(b) "Principal"
means a person appointed as such in a Catholic Systemic School conducted by a
Diocese.
(c) "Diocese"
means one of the Dioceses of Armidale, Bathurst, Lismore, Maitland-Newcastle,
Wagga Wagga, Wilcannia-Forbes or Wollongong as appropriate.
(d) "Service
Date" means the usual commencement date of employment at a school for
principals who are to commence teaching on the first day of the first term.
(e) "Statement
of Service" means a statement from an employer on official letterhead that
contains a start date, termination date and whether any leave without pay was
taken.
3. Terms of
Engagement
3.1 Letter of
Appointment
The employer shall provide a principal on appointment
with a letter stating, inter alia, the rate of salary as at appointment and an
outline of superannuation benefits available.
3.2 Selection and
Appointment Procedures
Normally the position of Principal (except where the
position is filled temporarily by the Assistant Principal) 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 Part-Time
Principal
(a) The terms of
this award shall apply pro rata to a part-time principal on the basis of the
principal’s full-time equivalent (FTE).
(b) For the
purpose of this subclause, FTE is defined as the proportion which the number of
days, or part thereof, worked by a part-time principal bears to the number of
days a full-time principal is required to work per week.
3.4 Principal
Skill Development
(a) Support for
Beginning Principals - A principal in his or her first year as a principal
shall be afforded Diocesan support in adjusting to the new role and demands of
principalship. The principal will participate in such procedures as are
afforded.
This process shall be determined by the employer in
consultation with the principal to assist the principal's professional
development in that role which shall be reviewed regularly throughout the year.
The employer may provide a written statement to the
principal, not later than four weeks before the end of the school year,
outlining the principal's progress and development.
(b) A principal
may request and be given from time to time by the employer appropriate
documentation as evidence of the principal's professional development and
experience. These documents may, if the principal wishes, form a portfolio
which shall remain the property of the principal.
(c) Where the
employer considers that a problem exists in relation to the principal's
performance, the employer shall not use any agreed skill development process in
substitution for, or as an alternative to, in whole or in part, procedures
which apply to the handling of such problems.
3.5 Employer
Direction
An employer may direct a principal to carry out such
duties as are within the limits of the principal's skill, competence and/or
training.
3.6 Statement of
Service
Upon the termination of service of a principal, the
employer shall provide a statement of service.
4. Salaries and
Related Matters
4.1 Minimum Annual
Salary
(a) The minimum
annual salary payable to principals shall be set out in Table 1 - Principals
Salary Schedule of Part B - Monetary Rates provided that the rates shown for
principals of primary schools with enrolment bands of 1-100 shall only apply to
principals in the Dioceses of Bathurst, Lismore and Wilcannia-Forbes. Table 1A - Principals of Small Primary
Schools Diocese of Wagga Wagga shall apply to Principals of such schools with
enrolments of 100 children or less.
Fortnightly salaries shall be ascertained by dividing the annual
salaries by 365/14 with the answer rounded to two decimal points.
(b) This paragraph
applies in circumstances where the enrolment at a school varies, such that the
Principal is in a different enrolment band for the purpose of salary payable
pursuant to paragraph (a) of this sub-clause and Table 1 - Salaries of Part B -
Monetary Rates.
If the enrolment of a school at the August census date
increases such that a different enrolment band is applicable, then the salary
of the Principal shall increase from the beginning of the following school
year.
If the enrolment of a school increases at the February
census date such that a different enrolment band is applicable and such
increase is maintained in the August census date, then the salary of the
Principal shall be increased from the beginning of that school year.
If the enrolment of a school decreases at a census date
such that a lower enrolment band is applicable, the salary of the Principal
shall be nevertheless maintained at the higher band until the end of the
current contract of the Principal.
Where the contract of the Principal is subsequently renewed at the same
school, the salary of the Principal for the subsequent contract shall be
determined in accordance with the documented diocesan policy (such salary being
not less than the applicable salary pursuant to paragraph (a) of this
sub-clause).
4.2 Payment of
Salary
(a) The salary
payable to a principal, pursuant to this clause shall, be paid fortnightly.
(b) The salary
payable to a principal, pursuant to this clause, shall be payable at the
election of the employer by either cash, cheque or Electronic Funds Transfer
into an account nominated by the employee.
4.3 Travelling
Expenses
(a) Where a
principal is required to provide transport in connection with the principal's
employment, other than for journeys between home and place of employment, the
principal shall be paid the allowance per kilometre of travel as set out in
Table 2 - Other rates of Pay and Allowances, of "Part B - Monetary
Rates". In the case of the Diocese
of Lismore refer to Annexure B of this award.
Provided that in relation to the Dioceses of Armidale, Bathurst, Wagga
Wagga and Wilcannia-Forbes the applicable allowance per kilometre of travel
shall be that which applies to teachers in the particular Diocese.
(b) Travelling and
other out-of-pocket expenses reasonably incurred by a principal in the course
of duties required by the employer shall be reimbursed by the employer.
4.4 Overpayment
Where an employer becomes aware that payments have been
made over or under entitlements the principal 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.
4.5 Annual
Remuneration
(a) Notwithstanding
subclause 4.1 of this clause, a principal 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 any employer administrative charge will equal the
appropriate salary prescribed in the said subclause 4.1.
(b) The employer
will determine the range of benefits available to the principal and the
principal may determine the mix and level of benefits as provided in paragraph
(a) of this subclause.
(c) Any other
payment calculated by reference to the principal’s salary and payable either:
(i) during
employment; or
(ii) on
termination of employment; or
(iii) on death
shall be at the rate of pay as set out in the relevant
table.
5. Annual Adjustment
of Salary
5.1 In
Lieu of the Annual Holidays Act 1944
This clause will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions of this award.
5.2 Application of
this Clause
The provisions of this clause shall apply as set out in
the relevant sub-clauses where:
(a) a principal
commences employment after the school service date; or
(b) a principal
takes approved leave without pay or unpaid parental leave for a period which
(in total) exceeds 20 pupil days in any year.
5.3 Calculation of
Payments
A payment made pursuant to this clause shall be
calculated in accordance with the following formula:
Step 1
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A x B
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=
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D
|
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C
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|
|
|
|
|
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Step 2
|
D - E
|
=
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F
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|
|
|
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Step 3
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F x G
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=
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H
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|
2
|
|
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where:
A = The number of term weeks worked by the
principal 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
principal since the school service date
F = Result in weeks
G = The principal’s current fortnightly salary
H = Amount Due
5.4 Principals Who
Commence Employment after the School Service Date
(a) A principal
who commences employment after the school service date shall be paid from the
date the principal commences provided that, at the end of Term IV, the
principal shall be paid an amount calculated pursuant to sub-clause 5.3 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 principal
for the purposes of this clause shall be deemed to be the school service date.
5.5 Principals Who
Take Approved Leave Without Pay or Parental Leave
Where a principal 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 principal 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
principal 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 principal shall be paid at the conclusion of Term IV
as follows:
(i) by applying
the formula in sub-clause 5.3 as if no payment had been made to the principal
at the commencement of leave;
(ii) by deducting
from that amount the amount earlier paid to the principal.
5.6 Payment not
Less than under Annual Holidays Act 1944
Notwithstanding the provisions of paragraph (a) of
subclause 5.1 of this clause, a principal shall not, pursuant to this clause,
be paid an amount in respect of a year of employment which is less than the
amount to which the principal would otherwise be entitled under the provisions
of the Annual Holidays Act 1944 in respect of a year of employment.
6. Annual Holiday
Loading
6.1 Subject to
sub-clause 6.6 of this clause, where a principal is given and takes his or her
annual holiday commencing at the beginning of the school summer vacation each
year he or she shall be paid an annual holiday loading calculated in accordance
with this clause.
6.2 The loading
shall be payable in addition to the pay payable to the principal for the period
of the school vacation.
6.3 The loading
shall be calculated:
In relation to such period of a principal's annual
holiday as is equal to the period of annual holiday to which the principal is
entitled for the time being under the Annual Holidays Act 1944,
(a) at the end of
each year of his or her employment or, where relevant,
(b) the period of
annual leave calculated under subclause 6.6.
6.4 The loading
shall be the amount payable for the period specified in subclause 6.3 or 6.6 of
this clause at the rate of 17½
per cent of the weekly equivalent of the principal's annual salary.
6.5 For the
purposes of this clause, "salary" shall mean the salary payable to
the principal at 1 December of the year in which the loading is payable.
Provided that, where subclause 6.6 of this clause
applies, "salary" shall mean the salary payable immediately prior to
the payment made to the principal pursuant to clause 5 Annual Adjustment of
Salary or Clause 13 Termination.
6.6 Where a
principal receives a payment pursuant to subclause 5.3 or Clause 13 Termination
of this award, including the case where a principal's employment is terminated
during the school year for a reason other than misconduct, he or she shall be
entitled to be paid for that part of such fraction of the annual holiday
loading he or she would be entitled to for the full school year as is equal to
the fraction which the number of school weeks worked by him or her in that year
bears to the number of school weeks he or she would be normally required by the
employer to work in a full school year.
7. Sick Leave
7.1 Entitlement
Any full-time principal shall be entitled to paid sick
leave in respect of any absence on account of illness or injury and 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 7.2 of this clause, not exceed in any year of service 25 working
days on full pay.
(b) A principal
shall not be entitled to paid sick leave for any period in respect of which
such principal is entitled to workers' compensation.
(c) A principal
shall not be entitled to paid sick leave unless he or she notifies the Regional
Director of the school (or such other person deputised by the Director) prior
to the commencement of the first organised activity at the school on any day,
of the nature of the illness and of the estimated duration of the absence;
provided that paid sick leave shall be available if the principal took all
reasonable steps to notify the Regional Director or was unable to take such
steps.
(d) The sick leave
entitlement of a part‑time principal shall be in that proportion which
the number of days, or part thereof, worked by a part-time principal bear to
the number of days a full-time principal is required to work per week.
7.2 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 principal shall only be entitled to the sick leave accumulated in
respect of the 6 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 principal at the commencement of a year of service pursuant
to subclause 7.1 of this clause shall be taken prior to the taking of any sick
leave which the principal has accumulated in accordance with this subclause.
7.3 Evidence of
Sickness
(a) In each year,
with the exception of the first two days absence due to illness, a principal
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
principal has taken frequent single days of sick leave, or taken extended sick
leave such that the employer requires additional information in relation to the
principal's sickness, then the employer may take action in accordance with this
subclause.
(i) The employer
may arrange a meeting in order to clarify the position with the principal. The
employer shall invite the principal to respond verbally to the issues raised by
the employer. If the principal is a union member then the principal may seek
union advice and assistance.
(ii) After
consideration of the principal's response the employer may:
(A) require further
evidence of illness; and/or
(B) request the
principal 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
principal to obtain a medical report (at the employer's cost) in relation to
the likely period of absence; and/or.
(E) discuss with
the principal any other action.
(iii) The principal
may, if a member of the union, request that this matter be discussed at any
stage between the union and the employer.
(iv) 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.
7.4 Portability
(a) A principal
who was previously employed with another Catholic Diocesan employer or Catholic
Independent School as a full-time, part-time or temporary employee 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 subclauses 7.2 and 7.3 of this
clause since 29 January 1996 shall be credited to the principal as his/her
accumulated sick leave on their commencement of their employment with or in a
Diocese.
(c) For a
principal to be eligible for portability of sick leave under this clause, the
principal must satisfy the following criteria:
(1) The principal
has commenced employment with the Diocese within six months or two terms,
whichever is the greater, of the principal’s employment terminating with the
other Catholic Diocesan employer or Catholic Independent School.
(2) The former
Catholic Diocesan employer or Catholic Independent School will provide to each
principal on the principal's termination of employment, a completed version of
the form set out in Annexure A of this award and the principal will provide the
original completed form to the new Catholic Diocesan employer within four
school weeks of the commencement of employment.
(d) For the
purposes of this subclause "Catholic Diocesan employer" shall mean
the Archdioceses of Sydney and Canberra/Goulburn, 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;
and "Catholic Independent School" means an employer respondent to the
Teachers (Catholic Independent Schools) (State) Award 2004 published on 18
March 2005 at 349 IG 395 (as varied from time to time) or any award replacing
such award.
(e) Notwithstanding
paragraphs (a) and (b) of this subclause, the maximum sick leave portable
between Catholic Diocesan employers or Catholic Independent Schools shall be
150 days and the sick leave in any one year pursuant to paragraph (a) of
subclause 7.1 of this clause shall not exceed 25 days (with one or more
employers).
8. Catholic
Personal/Carer’s Leave
8.1 Use of Sick
Leave to Provide Care and Support for a Family Member
(a) A principal
other than a casual principal, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) who needs the principal’s
care and support, shall be entitled to use, in any year, in accordance with
this subclause, 10 days of current and 30 days of accrued sick leave
entitlement provided for at Clause 7 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 principal
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 principal.
In normal circumstances, a principal 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 principal
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 principal 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 principal
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and principal’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 16 should be followed.
8.2 Use of Sick
Leave for a Pressing Domestic Necessity
(a) Subject to
paragraph (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 principal,
other than a casual principal, 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 principal’s service, for any pressing domestic necessity
other than to care for or support a person defined in subparagraph 8.1(c)(ii).
(c) Where a
principal, other than a casual principal, is not entitled to utilise sick leave
credits pursuant to paragraph 8.1(a) he or she may access 10 days current and
30 days accrued sick leave for any pressing domestic necessity where the
principal is responsible for the care or support of a person not referred to in
subparagraph 8.1(c)(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 8.2(b)
is non-cumulative.
(e) If required, a
principal shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
8.3 Notification
of Intention to Take Leave
In relation to sub-clauses 8.1 and 8.2, wherever
practicable, a principal shall give the employer notice prior to the absence of
the intention to take leave. The
principal shall also provide the name of the person requiring care, that
person’s relationship to the principal, 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 principal to give prior notice of absence, the principal shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
8.4 Unpaid Leave
for Family Purpose
A principal may elect, with the consent of the employer
to take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 8.1(c)(ii) or paragraph 8.2(c) who is ill or who
requires care due to an unexpected emergency.
8.5 Entitlement
for Casual Principals
(a) Subject to the
requirements in subclause 8.3 and paragraph 8.1(b), casual principals are entitled
to not be available to attend work, or to leave work if they need to care for a
person prescribed in subclause 8.1 (c) (ii) or 8.2(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 principal shall agree on the period for which the principal will be
entitled to not be available to attend work. In the absence of agreement, the
principal is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual principal is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual principal because the principal accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual principal are otherwise not affected.
9. Parental Leave
9.1 Maternity
Leave
(a) A principal
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 principal
would have received, if the principal had not taken maternity leave. (If the period of maternity leave granted to
the principal 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 principal
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 principal
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
principal applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the principal shall give the employer at least one month’s notice
of intention.
(e) If a principal
has commenced paid maternity leave and subsequently the principal’s pregnancy
results in a miscarriage or a still birth, the principal shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the principal.
(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 principal (to which the principal,
but for this clause, would have been entitled under clause 7, 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 principal 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 principal for the purpose of clause 5, Annual Adjustment of
Salary and clause 13, Termination.
(i) A principal
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
principal gives birth to a child whilst on unpaid leave (other than maternity
leave in relation to the birth of the same child) the principal will be
entitled to maternity leave in accordance with Part 4 of Chapter 2 of the
Industrial Relations Act 1996. However, the principal 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 principal
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 principal whose baby is born on or after 1 January 2006
and before 30 January 2006.
9.2 Adoption Leave
(a) A principal
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 principal
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.
9.3 Paternity
Leave
(a) A principal
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 9.3(a), a principal 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 principal’s entitlement to Catholic
Personal/Carer's Leave pursuant to clause 8 of this award.
(c) The principal
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 principal to take leave at a time outside the period
specified in this paragraph. If the
principal chooses to agree to the employer’s request, such agreement shall be
recorded in writing. Where the principal does not agree, the leave shall be
taken in accordance with this paragraph.
(d) The
entitlement to paternity leave in paragraphs 9.3(a) and (b) is inclusive of,
and not in addition to, the principal’s entitlement to take unpaid paternity
leave in accordance with the Industrial Relations Act, 1996.
(e) The principal
must, at least 4 weeks before proceeding on leave pursuant to paragraph 9.3(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 9.3(c) above.
9.4 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 principal 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 7.4(d) of this award.
9.5 Casual
Principals
An employer must not fail to re-engage a regular casual
principal (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(a) the principal
or principal's spouse is pregnant; or
(b) the principal
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual principals are not affected, other than in accordance
with this clause.
9.6 Right to
Request
(a) A principal
entitled to parental leave may request the employer to allow the principal:
(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 principal in reconciling work and
parental responsibilities.
(b) The employer
shall consider the request having regard to the principal’s circumstances and,
provided the request is genuinely based on the principal’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Principal’s
request and the employer’s decision to be in writing
The principal’s request and the employer’s decision
made under subparagraphs (a) (ii) and (iii) of this subclause must be recorded
in writing.
(d) Request to
Return to Work Part-Time
Where a principal 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 employee is due to return to work from parental leave.
9.7 Communication
During Parental Leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the principal held
before commencing parental leave; and
(ii) provide an opportunity
for the principal to discuss any significant effect the change will have on the
status or responsibility level of the position the principal held before
commencing parental leave.
(b) The principal
shall take reasonable steps to inform the employer about any significant matter
that will affect the principal’s decision regarding the duration of parental
leave to be taken, whether the principal intends to return to work and whether
the principal intends to request to return to work on a part-time basis.
(c) The principal
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
10.
Long Service Leave
10.1 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 principals
employed under this award.
10.2 Accrual of
Leave from 30 January 2006
The amount of long service leave which a principal
shall accrue in respect of service performed on and from 30 January 2006 shall
be:
(a) In the case of
a principal who has completed:
(i) less than ten
years service, in respect of full-time service a principal shall accrue 6.5
days per year of service; and
(ii) ten or more
years of service, in respect of full-time service a principal shall accrue 10
days per year of service.
(b) A principal
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 days, or part thereof, worked by a part-time principal bear to
the number of days a full-time principal is required to work per week. (NB that
this formula is the same as that which is utilised in subclause 3.3 of this
award).
(d) A principal
shall accrue leave in accordance with this subclause together with leave
accrued before 30 January 2006 pursuant to subclause 10.3.
10.3 Calculation of
Accrual as at 29 January 2006
(a) A principal
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.
|
Note: Diocese of Wagga Wagga - Primary Schools
Notwithstanding the other provisions of this subclause,
in the period from 1 January 1995 until 27 January, 1998 the long service leave
entitlement of principals employed in the Diocese of Wagga Wagga was as set out
in the Enterprise Agreement Principals Employed by the Catholic Education
Office, Diocese of Wagga Wagga (EA 516/94). This Agreement provided for 13
weeks of long service leave in the first 10 years of service and then 2 weeks
for each year of service after 10 qualifying 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 principals 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 principal is entitled to as at 29 January 2006:
(i) all full-time
principals, 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
principals, 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 10.2 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.
10.4 Entitlement to
Long Service Leave and Payment on Termination
(a) A principal
shall be entitled to take long service leave accrued in accordance with
subclauses 10.2 and 10.3 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 principal who has completed at least 5 years service with an employer and the
service of the principal is terminated or ceases for any reason, such principal
shall be paid their accrued long service leave calculated in accordance with
subclause 10.2 and subclause 10.3 of this clause.
10.5 Conditions of
Taking Leave
(a) It is the
intention of the parties that the number of days of long service leave accrued
by the principal can be taken at the principal’s current FTE when the long
service leave is taken.
For example, a principal 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 principal 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 principal works 2.5 days per week (0.5 FTE) at the
time they commence leave, the principal would be entitled to take their 90 days
of long service leave over 36 weeks.
(b) Where a
principal has become entitled to long service leave in respect of the
principal’s service with an employer, the employer shall give to the principal
and the principal shall take the leave as soon as practicable, having regard to
the needs of the employer, provided always that unless the employer otherwise
agrees, the principal shall give not less than two school terms notice of the
principal’s wish to take leave, and further provided that the employer shall
give the principal not less than two school terms notice of any requirement
that such leave be taken.
(c) A principal
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 principal 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 10.10 (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
principal is entitled to an amount of long service leave which is in excess of
a school term the principal may elect not to take that part of the long service
leave which is in excess of a term (the deferred leave), until such time as the
principal accumulates further entitlements which when taken together with the
deferred leave enables long service leave to be taken for a whole term.
10.6 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.
10.7 Service
The service of a principal with an employer shall be
deemed continuous notwithstanding the service has been interrupted by reason of
the principal taking approved leave without pay (including unpaid leave in
accordance with clause 9, Parental Leave), but the period during which the
service is so interrupted shall not be taken into account in calculating the
period of service.
10.8 Payment in Lieu
of Long Service Leave
(a) Where a
principal takes long service leave for an entire school term, the principal and
the employer may agree that, in addition to the long service leave, the
principal be paid an amount in lieu of any additional long service leave
accumulated by the principal, prior to the commencement of the long service
leave.
(b) The maximum
payment in lieu of long service leave in paragraph (a) of this subclause, which
can be made by the employer, is a payment equivalent to five weeks’ salary in
lieu of the long service leave.
(c) Any payment in
paragraph (b) of this subclause will be paid by the employer upon the
commencement of the principal’s long service leave.
(d) Where a
payment in lieu of long service leave is paid by the employer in accordance
with this subclause, a principal’s entitlements to long service leave will be
reduced by the extent of such payment.
10.9 Long Service
Leave and Leave Without Pay
Where a principal takes long service leave for an
entire school term and the principal wishes to take the following school term
as leave without pay, the employer will ordinarily consent to such arrangement
where the principal has had five years continuous service with that
employer. However such leave without
pay will ordinarily be approved for terms in the same year.
10.10 Long Service
Leave in Short Blocks
An employer may permit a principal to take long service
leave in short blocks (of less than a full term) provided that
(a) professional
obligations are taken into account
(b) the minimum
period of leave is four weeks
(c) the leave is
not taken during the first term
(d) the leave is
granted for one period only within a given school year
(e) the period of
leave is taken within a single term
11. Other Leave
11.1 Bereavement
Leave
(a) A principal
shall, on the death of a spouse, father, mother, father-in-law, mother-in-law,
grandparent, brother, sister, child, stepchild or grandchild of the principal
be entitled to paid leave up to and including the day of the funeral of such
relative. Such leave shall not exceed three school days. A principal may be required to provide the
employer with satisfactory evidence of such death.
(b) Where a
principal takes bereavement leave in accordance with paragraph (a) of this
subclause, an employer in their absolute discretion may grant the principal
additional leave as leave without pay or leave with pay.
(c) Where a
principal requests leave to attend a funeral of a person not specified in
paragraph (a), the employer in their absolute discretion may grant the
principal leave as leave without pay or bereavement leave with pay.
(d) Where an
employer grants a principal leave with pay in accordance with paragraphs (b) or
(c), such leave will be deducted from the principal's entitlement to sick leave
in accordance with clause 7, Sick Leave.
(e) Bereavement
Leave shall be available to the principal in respect to the death of a person
in relation to whom the principal could have utilised Personal/Carer’s Leave in
clause 8, provided that for the purpose of Bereavement Leave, the principal
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
8.4 of Clause 8, Catholic Personal/ Carer’s Leave or equivalent. In determining
such a request the employer will give consideration to the circumstances of the
principal and the reasonable operational requirements of the business.
(g) Bereavement
Entitlement for Casual Principals
(i) Casual
principals 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 principal could
have utilised Catholic Personal/ Carer’s Leave in sub-clause 8.5, provided that
for the purpose of this bereavement entitlement, the casual principal need not
have been responsible for the care of the person concerned. A casual principal
must notify the employer as soon as practicable of the intention to access this
entitlement and may be required to provide the employer with satisfactory
evidence of such death.
(ii) The employer
and the principal shall agree on the period for which the principal will be
entitled to not be available to attend work. In the absence of agreement, the
principal is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual principal is not entitled to any
payment for the period of non-attendance
(iii) An employer
must not fail to re-engage a casual principal because the principal accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not engage a casual principal are otherwise not affected.
11.2 Military
Reserve Leave
A principal who is a member of the Australian Military
Reserve or other Australian military forces shall be granted leave without pay
for the purpose of attending any compulsory camp or posting.
11.3 Examination
Study Leave
Any principal, who for the purposes of furthering his
or her principal training, enrols in any course at a recognised higher
education institution, shall be granted:
(a) leave with pay
on the day of any examination required in the course;
(b) leave without
pay for the purpose of attending any compulsory residential school which is
part of such course.
11.4 Jury Service
(a) A principal
required to attend for jury service during ordinary working hours shall be
provided with paid leave for this purpose.
The principal shall be required to reimburse to the employer any monies
payable to the principal for such attendance (excluding reimbursement of expenses)
which required the principal’s absence from school.
(b) The principal
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service.
The principal shall provide to the employer a copy of the summons to
attend jury duty and a record of payments received as proof of attendance.
11.5 Short Community
Service
Where a principal’s involvement in a community service
activity has been approved by the employer after consideration of the needs of
the school, a principal 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.
11.6 Overseas
Volunteer Programs
(a) A principal
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 principal 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.
12. Continuity of
Service
The service of a principal with an employer shall be deemed
to be continuous for all purposes, notwithstanding that part of the period of
service with the employer was as a teacher, principal, consultant, or in a
similar position, and part as a principal.
13. Termination
13.1 Period of
Notice
The employment of any principal shall not be terminated
without at least ten school term weeks notice on either side, or the payment
of, or forfeiture of, ten weeks’ salary in lieu of notice. Provided that such ten 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.
13.2 Summary
Dismissal
The foregoing shall not affect the right of the employer
to dismiss summarily any principal for incompetence, misrepresentation, neglect
of duty or other misconduct.
13.3 Payment on
Termination
A full-time principal 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.
13.4 Calculation of
Payments
A payment made pursuant to this clause 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
principal 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
principal since the
school service date
F = Result in weeks
G = The principal’s current fortnightly salary
H = Amount Due
13.5 Statement of
Service
Refer to sub-clause 3.6 of Clause 3 Terms of
Engagement.
14.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
Section3(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."
15. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
15.1 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.
15.2 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.
15.3 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.
15.4 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.
15.5 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.
16. Disputes
Procedure
The objective of these procedures is the avoidance or
resolution of industrial disputation, arising under this agreement, by measures
based on consultation, co-operation and negotiation.
16.1 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.
16.2 The principal
shall discuss the matter with the Director or his/her nominee.
16.3 If the matter
is not resolved, the principal may take this matter to the union who will
discuss the matter with the Director or his/her nominee.
16.4 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 relevant Diocese
for discussion and appropriate action.
The senior official may request assistance from the Catholic Commission
for Employment Relations.
16.5 If this matter
cannot be resolved at this level it may be referred to the Industrial Relations
Commission.
16.6 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.
17. No Extra Claims
17.1 It is a term of
this award that 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.
17.2 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 2005 and no claim can be made for such increases.
18. Superannuation
18.1 The subject of
the superannuation contributions is dealt with extensively by legislation
including the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties.
18.2 Subject to the
requirements of the legislation set out in subclause 18.1, superannuation
contributions may be made to:
(a) Non Government
Schools Superannuation Fund and the Catholic Superannuation and Retirement
Fund; or
(b) any other
complying fund approved by the employer.
18.3 In addition to
any other requirements pursuant to the legislation set out in sub-clause 18.1
of this clause, the employer shall also make superannuation contributions on
behalf of the principal in relation to payments made pursuant to clause 5 and
clause 13.3 of this award, at the rate applicable under the legislation in
respect of payments for ordinary time earnings.
19. Area, Incidence
and Duration
19.1 This award
rescinds and replaces the Principals (Country and Regional Dioceses) (State)
Award 2004 published 18 March 2005 (349 I.G. 466) as varied.
19.2 It shall apply
to all principals employed in any recognised Catholic school or special school
registered under the provisions of the Education Act 1990 and operated
by one of the Dioceses of Armidale, Bathurst, Lismore, Maitland-Newcastle,
Wagga Wagga, Wilcannia-Forbes or Wollongong and the principal of Catholic High
School, Griffith.
19.3 This award
shall take effect from 1 January 2006 and remain in force until 31 December
2008.
PART B
MONETARY RATES
Table 1 - Wage
Rates
PRINCIPALS SALARY
SCHEDULE
Enrolment date
|
Gross Salary
|
Gross Salary
|
Gross Salary
|
previous year’s
|
per annum from the
|
per annum from the
|
per annum from the
|
census date
|
first full pay
period on
|
first full pay
period on
|
first full pay
period
|
|
or after
|
or after
|
on or after
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
$
|
$
|
$
|
|
(4%)
|
(4%)
|
(4%)
|
PRIMARY
|
|
|
|
0-100*
|
93,894
|
97,650
|
101,556
|
101-250
|
100,184
|
104,191
|
108,359
|
251-400
|
103,723
|
107,872
|
112,187
|
401-600
|
108,318
|
112,651
|
117,157
|
601-800
|
112,466
|
116,965
|
121,644
|
801+
|
118,649
|
123,395
|
128,331
|
SECONDARY
|
|
|
|
1-300
|
108,572
|
112,915
|
117,432
|
301-600
|
115,181
|
119,788
|
124,580
|
601-900
|
121,512
|
126,372
|
131,427
|
901-1200
|
124,740
|
129,730
|
134,919
|
1201+
|
129,942
|
135,140
|
140,546
|
CENTRAL
|
|
|
|
1-300
|
107,034
|
111,315
|
115,768
|
301-600
|
113,548
|
118,090
|
122,814
|
601-900
|
119,789
|
124,581
|
129,564
|
901-1200
|
122,973
|
127,892
|
133,008
|
1201+
|
128,102
|
133,226
|
138,555
|
Notes:
* This enrolment band applies in the Dioceses of Bathurst,
Lismore and Wilcannia Forbes only; in the case of principals employed in
schools within enrolment below 100 in the Diocese of Wagga Wagga see Table 1A
below.
Table 1A - Wage
Rates Principals Of Small Primary Schools Diocese Of Wagga Wagga
Enrolment
|
Gross Salary
|
Gross Salary
|
Gross Salary
|
|
per annum from the
|
per annum from the
|
per annum from the
|
|
first full pay
period on
|
first full pay
period on
|
first full pay
period
|
|
or after
|
or after
|
on or after
|
|
1 January 2006
|
1 January 2007
|
1 January 2008
|
|
$
|
$
|
$
|
|
(4%)
|
(4%)
|
(4%)
|
|
|
|
|
0-50
|
91,623
|
95,288
|
99,100
|
51-100
|
95,288
|
99,100
|
103,064
|
Table 2 - Other
Rates Of Pay And Allowances
Clause
|
Description
|
Allowance
|
|
|
from the first full
pay period
|
|
|
on or after
|
|
|
1 January 2006
|
4.3
|
Own Car Allowance
|
60 cents per
kilometre
|
ANNEXURE A
PORTABILITY
Part to be completed by principal:
Name of Principal:
Name of Former Catholic Diocesan Employer:
_______________________
I,
|
|
was formerly
employed by
|
|
as a
|
(Name
of Principal)
|
|
(Name of former
Catholic Diocese)
|
|
|
|
_______________________________________________________________
|
(teacher/principal)
|
|
from ________ to _________
|
I commenced as a
|
|
with
the Diocese on
|
(date)
|
(date)
|
|
(teacher/principal)
|
|
|
|
|
|
|
(Date)
|
(date)
|
|
|
|
|
|
|
|
|
|
Signature
|
|
|
Date
|
|
|
|
|
|
|
|
|
|
|
|
|
Part to be completed by former Catholic Diocesan Employer:
|
was employed by the Diocese
as a
|
|
and ceased
|
(Name
of principal)
|
|
(teacher/principal)
|
|
|
|
|
work on
|
|
|
|
Date
|
|
|
__________
|
|
|
(date)
|
At that time, untaken sick
leave with our Diocese over the proceeding
|
|
|
___________
|
years of continuous service
is as follows:
|
(date)
|
|
|
|
|
|
|
|
|
SET OUT RECORD
e.g. Last year of employment
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
|
_____________________________________
|
______________________
|
Diocesan
Officer
|
Date
|
ANNEXURE B
DIOCESE OF LISMORE
The provisions of this Annexure shall apply and relate only
to the Diocese of Lismore
CONTENTS
1. Philosophical
Statement
2. Travelling
Expenses
3 Study Leave
4. Flexibility
in School Day
1. Philosophical
Statement
The central tenet of Diocesan practice is the
recognition of the importance of the Parish.
Local faith communities generally mediate the Church to most people.
Therefore Diocesan Policy encourages Parish ownership
of and responsibility for pastoral endeavours.
This especially applies to the schools of the Diocese. The role of the Diocesan Education Board and
the Director of Catholic Schools is to enable and support the local school in
achieving it objectives in partnership with Parish authorities, in particular
the clergy.
The Lismore Diocesan Schools System is unique in New
South Wales and probably throughout Australia in its emphasis on the principle
of subsidiarity and the decentralisation of decision making.
2. Travelling
Expenses
Where the use of an employee’s own vehicle is required
in connection with employment, other than for journeys between home and place
of employment, the principal shall be paid an allowance of 44c per kilometre.
3. Study
Leave
In the Diocese of Lismore the following Clause will
apply in addition to the provisions of Clause 11.3(b) of the Award.
A Principal who is undertaking a course of study
relevant to the teaching profession shall be entitled to three days paid leave
per year to attend compulsory residential schools associated with the
course. The teacher must make
application supported by documentation to the Principal.
4. Flexibility in School Day
4.1 The parties
are committed to the principle of flexibility in the timing and length of the
school day to meet changing curriculum requirements and student needs.
4.2 A process of
consultation and communication with teachers, parents and students should be
carried out before change is introduced.
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.