Teachers'
(NSW Health Early Childhood Service Centres) Salaries and Miscellaneous
Conditions Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 587 of 2012)
Before The Honourable
Justice Haylen
|
17 September 2012
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Directors’
and Nominated Supervisors’ Allowances
4. Miscellaneous
5. Conditions
of Employment
6. Terms of
Engagement and Information to be provided to Teachers
7. Disputes
and Grievance Procedures
8. No Extra
Claims
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Directors’ Allowances
Table 3 - Nominated
Supervisors’ Allowance
PART A
1. Definitions
For the purposes of this award, except for Clause 3,
Director’s and Nominated Supervisor’s Allowance, all reference to teachers in
this award shall include Director or Nominated Supervisor..
(a) "Teacher"
means any person employed as such in an ECS Centre as defined in subclause (d)
of this clause, holding Early Childhood qualifications as defined in subclauses
(h), (i), (j) and (k) of this clause.
(i) "Casual
Teacher" means a person who may be engaged on an hourly basis, for a
period which does not extend beyond one week, to provide services related to
the unexpected absence of temporary, permanent or exempt employees. This
provision may also encompass short-term employment associated with
unanticipated peak demands.
(ii) "Temporary
Teacher" means a person who is engaged as an employee for a period not
exceeding 13 weeks, provided that fixed term contracts of employment, whether
for periods greater or lesser than 13 weeks, must not be offered in preference
to ongoing contracts.
(b) "Centre
Year" means the number of weeks for which a particular ECS Centre is open
over the course of a calendar year.
(c) "Director"
means the teacher who is responsible for the day to day operation and
management of the Early Childhood Services Centre as defined in subclause (d)
of this clause, holding Early Childhood qualifications as defined in subclauses
(p), (q), (r) and (s) of this clause.
(d) "Early
Childhood Services (ECS) Centre" means an establishment which provides
child care and/or educational development programmes and/or services for
children under school age and shall include long day care centres. It shall not include a Recognised School or
Pre-School. For the purposes of this
clause:
(i) "Long Day
Care Centre" means a child care establishment which usually provides
services over a period of approximately eight hours or more each day for
approximately 48 weeks or more during the year;
(e) "Unit"
means a group or class of children which does not at any one time exceed 25
children, but which need not necessarily consist of the same children at all
times.
(f) "Teacher
Training Institution" means an Australian College of Advanced Education,
Australian Teachers College or Australian Institute of Education recognised by
the Tertiary Education Commission or its replacement.
(g) "University"
means an Australian University
(h) "Graduate"
means a teacher who holds specialist B. Ed (Early Childhood) from a Recognised
University or Recognised Teacher Training Institution.
(i) "Equivalent
Qualifications or Equivalent Course" means a qualification or course as
the case may be which the employer and the teacher agree as being equivalent to
the qualification or course prescribed by the clause in question in this award,
or which the Conciliation Committee determines as being so equivalent.
(j) "Three
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a Three Years full-time course of study in Early
Childhood Education at a Recognised Teacher Training Institution; or
(ii) A teacher who,
in addition to satisfying the requirements for classification as a Two Years Trained
Teacher, has satisfactorily completed a course of study in Early Childhood
Education at Category UG2 level; or
(iii) A teacher who
has acquired other equivalent qualifications; or
(iv) A three year
Primary School trained teacher who has been recognised as equivalent by the New
South Wales Department of Community Services.
(k) "Four Years
Trained Teacher" means:
(i) A teacher who
is a graduate holding B. Ed (Early Childhood) (four years full-time course); or
(ii) A teacher who
is a graduate and who holds a Diploma in Early Childhood Education from a
recognised University or Recognised Teacher Training Institution; or
(iii) A teacher who
has, in addition to satisfying the requirements for classification as a Three
Years Trained Teacher, satisfactorily completed a course of study in Early
Childhood Education at Category PGI Level; or
(iv) A teacher who
has acquired other equivalent qualifications; or
(v) A four year
Primary School trained teacher who has been recognised as equivalent by the New
South Wales Department of Community Services.
(l) "Nominated
Supervisor" means a teacher who is appointed as Nominated Supervisor under
the Education and Care Services
National Law Act 2012 or its replacement.
(m) "Union"
means the Independent Education Union of Australia and/or HSU NSW.
2. Salaries
2.1 The minimum
weekly salary payable to full-time teachers shall, subject to the other
provisions of this award, be calculated by dividing the per annum rates as set
out in Table 1 - Rates of Pay, of Part B, Monetary Rates, by 52.17857.
(a) Three Years
Trained Teachers
(i) A Three Years
Trained Teacher shall commence on Step 1 of the scale and progress according to
normal years of service to Step 11 of the scale.
(b) Four Years
Trained Teachers
(i) A Four Years
Trained Teacher shall commence on Step 1 of the scale and progress according to
normal years of service to Step 9 of the scale.
2.2 Part-Time and
Temporary Teachers
(a)
A permanent part-time employee is one who is
permanently appointed by the employer to work a specified number of hours which
are less than those prescribed for a full-time employee. Permanent part-time
employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed by the salaries clause of each relevant
calling, with a minimum payment of 3 hours for each start.
(b) The days of
attendance and normal hours of work of a part-time teacher may be varied or
increased at any time only by mutual agreement between the employer and the
teacher. Such agreement will not be
unreasonably withheld by either party.
(c) A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification. Where the temporary contract is 13 weeks or
less, a loading of 10% shall be
applied.
2.3 Casual Teachers
(a) The hourly rate
of a casual teacher shall be calculated by
dividing the weekly salary prescribed in 2.1 of this clause by 38. A
loading of 10% shall then be added to the hourly rate. A casual teacher shall
be paid a minimum of 2 hours for each engagement.
(b) The amount
obtained by the operation of paragraphs (a) and (b) of this subclause is
exclusive of the pro rata payment to which the teacher is entitled under the Annual
Holidays Act, 1944.
2.4 Calculation of
Service
(a) For the purpose
of this clause, any teacher if required by the employer, shall upon engagement
establish to the satisfaction of the employer, the length of his or her
teaching service in any Pre-school, ECS Centre, Multi-Purpose Centre or in
early childhood education services for children up to eight years of age, or in
the Infants Department of Schools registered or certified under the appropriate
legislation in other States or Territories of the Commonwealth of
Australia. That period so established
shall be taken to be the length of service for the purpose of that employment.
(b) Teachers employed at the time of the making of this
award with existing recognised experience
which may not directly fall into the categories as prescribed in
paragraph (a) above, shall continue to have their experience recognised for the
purposes of incremental progression.
(c) For the purpose
of calculating service:
(i) Any employment as
a full-time employee (including employment as a temporary full-time employee)
as referred to in paragraph (a) of this subclause shall be counted as service.
(ii) The amount of
service of a part-time teacher (including a temporary part-time teacher) shall
total one year for every 1,982 hours of service. (1,982 hours is the number of
ordinary hours worked by a full-time ECS teacher in a calendar year).
(iii) The amount of
service of a casual teacher shall be calculated as one year for every 1,982
hours of service. (1,982 hours is the number of ordinary hours worked by a
full-time ECS teacher in a calendar year). Casual service performed only in the
preceding four years shall be included in determining incremental progression.
2.5 Re-Classification
The transfer to a higher salary scale of a teacher who
has completed a course of training which makes the teacher eligible to be so
transferred and the progression of such teacher through the salary steps on
that higher salary scale shall be effected as follows:-
(a) A teacher
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that he or
she 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
him or her eligible to be so transferred.
(b) Where an
application is made under paragraph (a) above which establishes that a teacher
is eligible to be transferred to a higher salary scale, such transfer shall
take effect:
(i) From the
beginning of the first pay period to commence on or after the date of
completion of formal course requirements.
Provided that the application for transfer is received by the employer
no later than four months after the conferral of the diploma, degree or
equivalent recognition of the completion of such course of training; or
(ii) Where the
application for transfer is not received by the employer within the time
specified in subparagraph (i) of this paragraph, from the beginning of the
first pay period to commence on or after the date on which the employer
receives such application.
(c) A teacher who
has completed a course of training entitling the teacher to transfer to a
higher salary scale pursuant to this subclause shall, for the purpose of
advancing through the steps on the higher salary scale to which the teacher has
been so transferred, retain the teacher’s normal salary incremental date.
Provided that if the transfer of the teacher to the
higher salary scale coincides with the teacher’s normal salary incremental
date, the increment shall be applied prior to the teacher being transferred to
the higher salary scale.
(d) A teacher shall
be transferred to the higher salary scale on the following basis:
(i) A Three or Four
Years Trained Teacher shall be transferred to the salary step on the higher
salary scale which shall be determined by the teachers years of service on the
lower scale.
(e) The transfer to a
higher salary scale of a teacher who has acquired a qualification (other than
the completion of a course of training) which makes the teacher eligible to be
so transferred, and the progression of such teacher through the steps on that
higher salary scale shall be effected in accordance with the provisions of
paragraphs (a), (b), (c) and (d) of this subclause.
3. Directors’ and
Nominated Supervisors’ Allowance
3.1 Directors’
Allowance
(a) A full-time
teacher who is appointed as a Director as defined in Clause 1, Definitions,
shall be paid, in addition to the amounts payable pursuant to Clause 2,
Salaries, on a weekly basis, an allowance for a Director calculated by dividing
the per annum rates set out in Table 2 - Directors’ Allowance, of Part B, Monetary
Rates, by 52.17857.
(b) The level of the
director’s allowance shall be determined by the number of units of the service.
(c) A part-time
teacher who is appointed as a Director as defined in Clause 1, Definitions of
this award, shall be paid, in addition to the amounts payable pursuant to
clause 2, Salaries of this award, an allowance in accordance with Table 2 -
Director’s Allowance, a proportionate basis to the hours they work.
3.2 Nominated
Supervisors’ Allowance
(a) A full time
teacher who is not the Director and is appointed as the Nominated Supervisor as
defined in clause 1 shall be paid an allowance as set in Table 3 and shall be
advised by the employer on appointment which allowance is to apply.
(b) The level of the
Director’s Allowance shall be determined by the number of units of the service.
(c) A part-time
teacher who is appointed as an Nominated Supervisor, as defined in Clause 1,
Definitions of this award, shall be paid, in addition to the amounts payable
pursuant to clause 2, Salaries of this award, an allowance in accordance with
Table 3 - Nominated Supervisor’s Allowance on a proportionate basis to the
hours they work.
(d) It is not
intended that Directors shall be displaced by the appointment of an Nominated
Supervisor as a result of the operation of this clause.
4. Miscellaneous
4.1 Crib Break
Not more than 30 minutes nor less than 20 minutes shall
be allowed to teachers each day for a midday paid crib break. Such crib break shall be counted as time
worked.
Provided however that a teacher may, by agreement with
the employer, leave the premises or elect not to be on call during the crib
break. Where a reasonable request has
been made by the teacher, the employer shall give favourable consideration to
any such request. During this time the
teacher cannot be counted as part of the child/staff ratios under the Education
and Care Services National Regulations.
Such time away from the premises or not on call shall not count as time
worked nor shall any payment be made for such time.
However if the teacher is called back to perform any
duties within the centre or the break is interrupted for any reason the teacher
shall be paid at time and a half for a minimum of 15 minutes and thereafter to
the nearest quarter hour until an uninterrupted break or the balance of the
break is taken.
Notation: It is agreed between the parties that any
agreement between the teacher and the employer concerning an unpaid crib-break
must be genuine. For example, a teacher
cannot be required by the employer to agree to an unpaid crib-break as a
condition of on-going employment. Any
agreement should be recorded in writing and kept with pay records.
4.2 Professional
Development, Training and Planning
(a) Teachers are
required to attend Professional Development and Training as mandated by the
Education and Care Services National Regulations.
(b) Where a Teacher
attends a course as requested and required by the employer after hours, the teacher shall either receive time in lieu at ordinary rates,
or be paid at overtime rates for the time in attendance at the course. A
teacher may not unreasonably refuse to
attend courses as required under the
Education and Care Services National Regulations.
(c) Any dispute in
relation to attendance shall be dealt with in accordance with Clause 7 Disputes
and Grievance Procedures.
4.3 First Aid
Certificate
(a) Teachers shall
be required to obtain and maintain an approved first aid certificate.
(b) Teachers will be
granted paid leave to attend a first aid course, or when a first aid course is
in the teacher’s own time, teachers will receive time in lieu at ordinary rates
or be paid at overtime rates for course attendance time.
4.4 Non - Contact
Time
(a) Teachers shall
receive a minimum of two hours per week non-contact time to perform programming
and planning duties. Teachers will not
be required to supervise children during this time.
(b) Teachers
appointed as Directors or Nominated Supervisors shall receive a minimum of two
and a half hours per week of non contact time in addition to non-contact time
as teacher and/or Director to perform administrative duties.
4.5 Child-Free Days
(a) Teachers covered
by this award may, depending on the operational requirements of the Centre, participate
in a child-free day(s). Child-free days
may be allocated solely for the purposes of setting up the centre, group
planning and cleaning of premises and resources. The number and timing of such
days shall be determined at a local level. Child-free days are not guaranteed
from Centre to Centre.
5. Conditions of
Employment
5.1 Directors and
Teachers employed under this Award will have all other conditions of employment established by
those contained in the Public Hospital (Professional and Associated Staff)
Conditions of Employment (State) Award published 24 April
2009 (367 I.G. 1365) or as amended from time to time.
6. Terms of
Engagement and Information to be Provided to Teachers
6.1 The employer
shall provide all full-time, part-time and temporary teachers with a letter of
appointment on engagement stating the classification and rate of salary on
appointment, the hours of operation of the Centre, the teacher's entitlements
to personal leave, annual leave and long service leave, the procedure as to
alteration of days of attendance and notice on termination.
6.2 The employer
may, if the employer deems appropriate, provide a teacher of children with
special needs with a letter of appointment which outlines the teacher’s
teaching load, days of attendance, and place of employment which may be varied
throughout the period of engagement.
Such variations would occur from time to time and with not less than
four weeks notice or otherwise by agreement.
6.3 During the first
three months of employment, employment shall be from week to week. After three
months of continuous service, employment may be terminated only by 28 days
notice given either by the employer or the employee or by payment or forfeiture
of 28 days salary, as the case may be. Nothing in this clause, however, shall
prevent the summary dismissal of an employee for misconduct or neglect of duty.
6.4 Upon the
termination of service of a teacher other than a casual teacher, the employee
may request from the employer for a statement of service. The statement of
service shall:
(a) set out the
length of service, the age of children taught, the positions held and any
special and/or additional duties performed by such teacher, or
(b) include a Job
Description or List of Duties.
6.5 On termination
of casual employment, 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 his or her engagement provided that such request is made during
or on termination of the casual engagement.
7. Disputes and
Grievance Procedures
7.1 Where a dispute
arises in a particular section which cannot be resolved between the employees
or their representative and the supervising staff, it shall be referred to the
Chief Executive Officer of the Public Health Organisation or his/her nominee,
who will arrange for the matter to be discussed with the employee concerned and
a local representative or representatives of the employee’s Union.
7.2 Failing
settlement of the issue at this level, the matter shall be referred to the
Director-General and the relevant Head Office of the employee’s Union. This
dispute will then be dealt with pursuant to clause 7.5 of this clause.
7.3 Whilst these procedures
are continuing, no stoppage of work or any form of ban or limitation of work
shall be applied.
7.4 The employee’s
Union may vary this procedure where it is considered a safety factor is
involved.
7.5 With a view to
an amicable and speedy settlement, all disputes that cannot be settled in
accordance with clauses 7.1 and 7.2above may be submitted to a committee
consisting of not more than 6 members, equally represented by NSW Health and
the employee’s Union. The committee shall have the power to investigate all
matters in dispute and to report to the Public Health Organisation and the
employee’s Union with recommendations. In the event that no mutual decision is
reached by the committee, the matter in dispute may be referred to the Public
Health Employees (State) Industrial Committee.
7.6 This clause
shall not interfere with the rights of either party to institute proceedings
for the determination of any matter in accordance with the Industrial
Relations Act 1996.
8. No Extra Claims
8.1 The parties
agree that, during the term of this Award, there will be no extra wage claims,
claims for improved conditions of employment or demands that made with respect
to the employees covered by the Award and further, that no proceedings, claims
or demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
8.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing
provisions in this Award.
9. Area, Incidence
and Duration
9.1 This award shall
apply to all teachers employed in ECS centres as defined in subclause (d) of
clause 1, Definitions, of this Award.
9.2 Other conditions
of employment not included in this award shall be governed by the Public
Hospital (Professional and Associated Staff) Conditions of Employment (State)
Award published 24 April 2009 (367 I.G. 1365) or as amended from time to time.
9.3 This award shall
take effect from 21 May 2012 provided that the increases in rates of pay and
allowances shall be effective from the first full pay period on or after 1
September 2012.
9.4 This award shall
remain in force for one year from the 17 September 2012.
PART B
MONETARY RATES
Table 1 - Rates of Pay
The following minimum annual salaries shall apply from
the beginning of the first full pay period specified in each column
respectively:
Classification/
|
1 September 2012
|
Incremental Salary
Step
|
(2.5%)
|
|
per annum
|
|
$
|
Three Years Trained Teachers
|
|
Step 1
|
47,651
|
Step 2
|
50,077
|
Step 3
|
52,695
|
Step 4
|
55,114
|
Step 5
|
57,662
|
Step 6
|
60,410
|
Step 7
|
61,928
|
Step 8
|
63,435
|
Step 9
|
65,962
|
Step 1 0
|
68,599
|
Step 11
|
70,447
|
Four Years Trained
|
Teachers
|
Step 1
|
50,669
|
Step 2
|
53,808
|
Step 3
|
56,835
|
Step 4
|
60,191
|
Step 5
|
63,310
|
Step 6
|
65,962
|
Step 7
|
68,599
|
Step 8
|
71,571
|
Step 9
|
74,433
|
Table 2 - Directors’ Allowance (Clause 3.1)
|
1 September 2012
|
Units
|
(2.5%)
|
|
per annum
|
|
$
|
1
|
5,320
|
2
|
6,492
|
3
|
8,104
|
4
|
10,123
|
Table 3 - Nominated Supervisor’s Allowance (Clause 3.2)
Units
|
1 September 2012
|
|
(2.5%)
|
|
per annum
|
|
$
|
1
|
1,728
|
2
|
2,109
|
3
|
2,639
|
4
|
3,297
|
W.
R. HAYLEN J
____________________
Printed by the
authority of the Industrial Registrar.