Community
College Principals (New South Wales) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 3095 of 2006)
Before The Honourable
Mr Deputy President Harrison
|
2 April 2007
|
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1 Arrangement
2 Anti-Discrimination
3 Definitions
4 Contract
and Tenure
5 Attendance
6 Salaries
7 Travelling
Expenses
8 Public
Holidays
9 Recreation
Leave
10 Sick Leave
11 Maternity
Leave
12 Adoption
Leave
13 Parental
Leave
14 Family and
Community Service Leave
15 Personal
Carer's Leave
16 Compassionate
Leave
17 Long
Service Leave
18 Grievance
and Dispute Resolution Procedures
19 Superannuation
20 Duties as
Directed
21 Salary
Packaging
22 Secure
Employment Test Case
23 Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Annual Salary Rates
Table 2 - Other Rates and Allowances
2. Anti-Discrimination
2.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
2.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
2.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has made
or may make or has been involved in a complaint of unlawful discrimination or
harassment.
2.4 Nothing in
this clause is to be taken to affect:
a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
b) offering or
providing junior rates of pay to persons under 21 years of age:
c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
d) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
2.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
a) Employers and
Employees may also be subject to Commonwealth anti-discrimination legislation.
b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in 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."
3. Definitions
3.1 Adult
Education Qualifications means those academic qualifications obtained by a
principal from a recognised university or college of advanced education and
satisfying the requirements of the Council or are deemed by the Council to be
acceptable in lieu thereof.
3.2 College
Council or Council means a constitutionally appointed Management Council of a
college.
3.3 College Band
means the total income received by the College as documented in the audited
annual accounts of the College.
3.4 Community
College means a community college, regional community college, an evening college,
an adult education centre or college of adult education, listed in clause 20 of
this Award.
3.5 Dependent
relative of such principal means:
a) the widow or
widower of such principal; or
b) if there is no
such widow or widower, the children of such principal; or
c) if there is no
such widow or widower or children, such person who, in the opinion of the
Council, was, at the time of the death of such principal, a dependent relative
of such principal;
d) widow or
widower shall include a de facto widow or widower;
e) where
applicable, non-traditional and culturally based equivalents.
Where there is a guardian of any children entitled to
payment due under this award, payment shall be made to the personal
representative of the principal.
3.6 Employee means
a Principal.
3.7 Employer means
a College Council or Council.
3.8 Federation
means the New South Wales Teachers Federation.
3.9 Principal
means a person appointed as such by a college council to be the Chief Officer
responsible for the educational and financial administration and management of
a college and may include executive officer, director or equivalent or any
successor thereto or any position notwithstanding the nomenclature, the duties
of which are substantially those currently performed by a principal.
3.10 Graduate
Principal means a principal who has obtained a relevant degree of a recognised
university or college of advanced education or equivalent.
3.11 Non-graduate
Principal means that the principal has satisfactorily completed at least two
years of training in education at a recognised tertiary institution or its
equivalent or gained such credentials which the Council may from time to time
deem to be acceptable in lieu thereof.
4. Contract and
Tenure
4.1 Persons submitting
applications for appointment as principal shall, to be eligible for
appointment, provide evidence of educational qualifications or other equivalent
qualifications.
4.2 A principal
shall be appointed by the college council at a salary consistent with the
minimum rates provided by this award, provided that initial appointment may be
for a probationary period of three months. A principal must be notified prior
to the expiration of this three-month period whether the appointment is to be
confirmed or the probationary period is to be extended, for good reason, for a
further period of no more than three months.
4.3 A principal
must be notified prior to the expiration of the further period of no more than
three months if the appointment is to be confirmed or good cause must be given
for the termination of the appointment.
4.4 Appointment
may be terminated for good cause by one month's notice in writing given at any
time by the college council or such longer period as the council may choose. A
principal wishing to terminate employment with the council shall give one
month's notice in writing to the council or such shorter period to which the
council may agree.
4.5 Failure of
either side to comply with the notice requirement may result in the payment or the
forfeiture of one month's salary in lieu of notice.
4.6 Provided that
nothing in this clause shall prevent a principal's employment being terminated
without notice on the grounds of the principal's serious misconduct.
5. Attendance
A principal shall be on duty for a minimum attendance of 140
hours for each four-week period, i.e. 35 hours per week. The professional
obligations of principals require a flexible approach to hours to cater for
enrolment periods and the performance of duties at the principal's discretion
outside normal college hours may be required.
6. Salaries
6.1 The minimum
annual salary payable to principals shall be determined in accordance with
Table 1 - Annual Salary Rates, of Part B, Monetary Rates. The salary payable is
to be determined by the College Band which the College where the Principal is
employed is positioned. The College Bands are determined as follows:
(A)
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College Band 1
|
over $3 million turnover;
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(B)
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College Band 2
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over $1.5 million and under $3 million turnover;
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(C)
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College Band 3
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under $1.5 million turnover.
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6.1.1
a) A non-graduate
principal shall commence on Step 1 of the said Table l.
b) A principal
who is a graduate shall commence on Step 2.
c) A principal
who, in addition to the minimum qualifications as set out in subparagraphs
6.l.la) and 6.l.lb), has a recognised qualification in adult education from a
university or college of advanced education shall commence on a rate one step
higher than that provided for in subparagraphs 6.1.1 a) and 6.1. lb) within the
College Bands described in paragraphs 6.1 (A), (B) and (C).
d) A principal
employed pursuant to subparagraph 6.1.1 a) shall progress in annual increments
to Step 3 and then in biennial increments to Step 5.
e) A principal
employed pursuant to subparagraph 6.l.lb) shall progress in annual increments
to Step 4 and then, after two years on Step 4, progress to Step 5.
f) A principal
employed pursuant to subparagraph 6.1.1 c) shall progress in annual increments
to Step 5.
g) A principal
who, subsequent to initial appointment, upgrades his/her qualifications,
provided that the qualifications are upgraded following negotiation with the
college council, shall immediately progress to the same step on the incremental
salary scale appropriate to a principal who has been appointed with such
qualifications and with the same years of service/experience.
h) By agreement
between the principal and the college council, in order to reflect the
principal's qualifications, experience and skill, a principal may be appointed
to a salary above those specified in subparagraphs 6.1.1 a) to 6.1.1 c) and
thereafter progress in annual increments to Step 5.
6.1.2 Where the
turnover of a college used to determine the band of a Principal's position
either increases or decreases so that the principal's position would be
regraded to a higher or lower band than currently applies, then the variation
in the Principal's band shall not be effected until the turnover is such that
it has fallen within the new enrolment band for a period of 12 months.
6.1.3 The payment of
increments under the scales of salaries prescribed by this award shall be
subject to denial by the college council. A principal may appeal a decision to
deny an increment in a manner consistent with clause 18, Grievance and Dispute
Resolution Procedures.
6.1.4 Payment of
Salary:
The salary payable to a principal pursuant to this
clause shall normally be paid fortnightly or as otherwise agreed between the
parties.
6.1.5 Annual leave
loading of 17.5 per cent of four weeks salary will be paid annually in December
or as otherwise mutually arranged by a principal and a college council. This
loading is not payable upon death, resignation or termination.
6.1.6 Adjustment of
salaries of principals at present employed:
a) The salaries
of principals covered by this award shall be adjusted as from the date of
operation to the appropriate scale prescribed by this award on the basis of service
in the position. For this purpose, principals shall be deemed to have the years
of service indicated by the salary received under the scales in force
immediately prior to the date of operation of this award.
b) This award
shall not operate so as to reduce the rate of pay being received by any
principal or to reduce the rate of pay for which the principal would otherwise
be eligible.
c) After
adjustment of salary, as provided in this clause, a principal shall be eligible
for the first annual increment to which the principal may be entitled in
accordance with this award on the anniversary of the date of appointment to the
position which first occurs after the date of operation of this award. Further
increments shall fall due each 12 months thereafter or as otherwise provided
for in paragraph 6.1.1 of this subclause.
6.2 Qualifications:
For the purposes of this award and in particular
paragraph 6.1.1 of this clause, the minimum qualifications required of a
principal of a college are as follows:
6.2.1 To satisfy the
conditions of subparagraph 6.l.la) of this clause, the principal shall have
qualifications as defined in subclause 3.9 of clause 3, Definitions.
6.2.2 To satisfy the
conditions of subparagraph 6. 1.1b), the principal shall be a graduate principal
as defined in subclause 3.8 of the said clause 3.
6.2.3 To satisfy the
conditions of subparagraph 6.1.1c), the principal shall have completed a
qualification in adult education as defined in subclause 3.1 of the said clause
3.
7. Travelling Expenses
7.1 Where a
principal is required by the council to provide transport in connection with
the principal's employment other than for journeys between home and the place
of employment, the principal shall be paid an allowance as set out in Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, at or not less than the
official business rate as prescribed by the Public Employment Industrial
Relations Authority or Public Employment Office and published from time to
time.
7.2 All other
official travel shall be compensated for by an allowance at the specified
journey rate as prescribed by the said authority and published from time to
time.
7.3 College
councils may come to an agreement with principals to provide a college car or
novated car lease arrangements of no less value than the provisions set out in
subclauses 7.1 and 7.2 of this clause.
8. Public Holidays
8.1 Public
holidays on full pay shall be allowed to principals.
8.2 For the purpose
of this clause, the following shall be deemed to be public holidays: New Year's
Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday,
Eight-hour Day, Christmas Day, Boxing Day or any holiday proclaimed in lieu of
such day or days, together with any other day duly proclaimed as a special day
and observed as a public holiday within the area in which the principal's
headquarters are situated.
9. Recreation Leave
9.1 Recreation
leave shall accrue from month to month at the rate of four weeks per annum,
exclusive of public holidays.
9.2 Leave shall
not be allowed to accrue beyond a maximum of ten weeks, without the approval of
the college council.
9.3 Such leave
shall be taken by the principal as arranged with the council at a time
convenient to the council.
9.4 Recreation
leave includes, in addition to the period specified in subclause 9.1 of this
clause, a further period of two weeks paid leave. This may coincide in full or
in part with the annual closure of the college.
9.5 Each principal
shall be paid for the full period of leave to be taken before proceeding on
recreation leave, if so requested.
9.6 A principal
who has acquired a right to recreation leave shall, on the termination of the
principal's services for any reason, be paid forthwith in lieu of such leave
the monetary value thereof. Where a principal dies, such payment should be made
to the dependent relative of such or, if there is no dependent relative,
payment shall be made to the personal representative of the principal.
10. Sick Leave
10.1 Where a
principal is unable to perform duties on account of illness, the council shall
grant such principal sick leave on full pay to the extent provided as follows:
10.1.1 During the first
year of service, ten days. During the second or later years of service, 15 days
in any period of 12 months.
10.1.2 A period
calculated by allowing ten days for each completed year of service and
deducting there from the amount of sick leave on full pay granted to the
principal during his/her service, whichever is the greater.
11. Maternity Leave
11.1 Entitlement
11.1.1 All principals
who become pregnant are entitled to unpaid maternity leave irrespective of
their length of service (refer to 11.4 for paid leave where appropriate).
11.1.2 A principal who
is pregnant shall, be entitled to be granted maternity leave as follows:
a) for a period
up to nine weeks prior to the anticipated date of birth; and
b) for a further
period of up to 12 months after the actual date of birth.
A principal may be granted unpaid maternity leave
earlier than 9 weeks prior to the anticipated date of birth, however this will
not extend the total amount of maternity leave available.
11.1.3 A principal may
take maternity leave as follows:
a) as a period of
leave on a full time basis totalling 12 months from the actual date of birth;
or
b) as a period of
unpaid leave on a part time basis up to 24 months (equivalent of 12 months full
time leave from the actual date of birth) at the discretion of the College
Council; or
c) as a
combination of full time and part time leave provided that the total period of
maternity leave taken does not exceed the equivalent of 12 months full time
leave from the actual date of birth.
11.1.4 Accrued long
service leave maybe taken concurrently with unpaid or half pay maternity
leave. A principal may take both
accrued leave and accrued recreation leave concurrently with unpaid or half pay
maternity leave.
11.1.5. The period of 12
months in respect of full time maternity leave or 24 months in respect of part
time maternity leave may be extended at the discretion of the College Council.
11.1.6 Should a
principal not wish to return to duty on the expiration of the maximum period of
maternity leave, leave without pay for personal reasons, or other leave to
credit may be granted.
11.1.7 A further period
of maternity leave maybe granted if pregnancy occurs while on maternity leave.
Any residual leave relevant to the initial period of maternity leave will be
cancelled and maternity leave appropriate to the anticipated date of birth
applies in respect of the subsequent pregnancy.
11.2 Right to
Request
11.2.1 A principal
entitled to maternity leave may request the College Council allow the
principal:
a) to extend the period
of simultaneous maternity leave use up to a maximum of eight weeks'; (to be
read in conjunction with clause 13 Parental Leave)
b) to extend the
period of unpaid maternity leave for a further continuous period of leave not
exceeding 12 months;
c) to return from
a period of maternity leave on a part-time basis until the child reaches school
age;
to assist the principal in reconciling work and
parental responsibilities.
11.2.2 The College
Council 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 affect on the workplace or the College Council's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
11.2.3 The principal's
request and the College Council's decision made under 11.2.1 b) and 11.2.1 c)
must be recorded in writing.
11.2.4 Where a principal
wishes to make a request under 11.2.1 c), such a request must be made as soon
as possible but no less than seven weeks prior to the date upon which the
principal is due to return to work from maternity leave.
11.3 Communication
During Maternity Leave
11.3.1 Where a
principal is on maternity leave and a definite decision has been made to
introduce significant change at the workplace, the College Council shall take
reasonable steps to:
a) 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 maternity leave; and
b) 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 maternity leave.
11.3.2 The principal
shall take reasonable steps to inform the College Council about any significant
matter that will affect the principal's decision regarding the duration of
maternity 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.
11.3.3 The principal
shall also notify the College Council of changes of address or other contact
details which might affect the College Council's capacity to comply with
11.3.1.
11.4 Paid Maternity
Leave
11.4.1 Payment for
maternity leave is available to principals subject to completion of 40 weeks continuous
service following employment or re-employment prior to the anticipated date of
birth. Maternity leave for principals taken not more than 9 weeks prior to the
anticipated date of birth will count towards the 40 weeks continuous service.
11.4.2 Payment is made
for a period not exceeding 14 weeks full time equivalent.
11.4.3 Where the paid
maternity leave period includes recreation leave, the principal is paid accrued
recreation leave entitlements or maternity leave, whichever amount is higher.
11.4.4 A principal who
has completed 40 weeks of continuous service as per 11.4.1 and who has taken no
more than 12 months full time maternity, adoption or parental leave or its part
time equivalent is entitled to be paid at their normal rate (i.e. the rate at
which they were paid before proceeding on leave) for another period of such
leave regardless of whether they resume their normal hours of work before
proceeding on leave again. This does not require the principal to complete a
further period of 40 weeks continuous service.
11.4.5 All allowances
will be paid to eligible principals for the period of paid maternity leave. No
allowances will be paid to principals during periods of no pay maternity leave.
11.5 Method of
Payment
11.5.1 When completing
an application for maternity leave a principal may elect to be paid by normal
fortnightly payments at full or half pay or by lump sum payment.
11.5.2 A principal may
apply for one combination of leave at full and half pay or vice versa.
11.6 Application
and Variation of Leave
11.6.1 An application
for maternity leave, accompanied by a medical certificate stating the
anticipated date of birth should be submitted at least one month prior to the
proposed first day of leave.
11.6.2 Maternity leave
must commence no later than the anticipated date of birth.
11.6.3 An application
for maternity leave should specify the number of weeks required at full pay and
at half pay where appropriate.
11.6.4 The first and
last date of leave must be stated on the application.
11.6.5 A principal may
vary the intended period of leave any number of times before it commences.
11.6.6 After leave
commences, the period of leave maybe varied once without approval and on any number
of occasions with approval. However, resumption of duty must then coincide with
the commencement of a college term.
11.6.7 Subject to
approval, a principal who has returned to full time duty after maternity leave,
may, provided the principal has a balance of maternity leave to credit, apply
to revert to full time or part time maternity leave.
11.7 Notification of
Birth
As soon as feasible after the birth, a principal should
send a copy of the child's birth certificate to the College Council. A principal
may elect to provide an extract of the birth certificate indicating the details
of mother and child only.
11.8 Miscarriage or
Stillbirth
11.8.1 Miscarriage
In respect of a miscarriage, a principal shall be
granted sick leave or unpaid maternity leave for as long as a medical
practitioner certifies to be necessary.
11.8.2 Stillbirth
In respect of a stillbirth, subject to an entitlement
existing, a principal shall have the option of taking paid or unpaid sick leave
or paid or unpaid maternity leave (up to 14 weeks paid as appropriate).
11.8.3 Premature birth
In respect of a premature birth, maternity leave will
commence on the actual date of giving birth where maternity leave has not
previously commenced.
11.9 Sick Leave and
Transfer to a Safe Job
11.9.1 A principal may
use available sick leave with pay, sick leave without pay, long service leave
or family and community service leave as appropriate, if, because of a
complication associated with the pregnancy, including a history of miscarriage
or other illnesses the principal is unable to continue to work. In this
instance the principal is entitled to sick leave prior to the anticipated date
of birth.
11.9.2 Where a
principal's present work is, because of pregnancy or breastfeeding, a risk to her
health or safety or to that of her unborn or newborn child:
a) the
principal's working conditions or hours of work are to be temporarily adjusted
to avoid exposure to the risk; or
b) where the
above adjustment is not possible or cannot reasonably be made, the principal is
to be temporarily transferred to other appropriate work that will avoid
exposure to the risk and is, as nearly as possible, comparable in status and
pay to that of her present work; or
c) where the
above transfer is not possible or cannot reasonably be made, the principal is
to be granted:
unpaid maternity leave for as long as a medical
practitioner certifies to be necessary to avoid exposure to the risk. This
applies regardless of whether the principal has exhausted her unpaid maternity
leave entitlement under paragraph 11.1.2; or
paid sick leave as the principal is entitled to, and
for as long as a medical practitioner certifies to be necessary to avoid
exposure to the risk.
11.10 Right of Return
11.10.1 A
principal's right of return to her substantive position is retained if she
resumes duty 24 months (or earlier) after the actual date of birth of the
child.
11.11 Resumption of
Duty
One month prior to the date on which a principal is due
to resume duty she must either confirm in writing that she will be resuming
duty, or apply for an extension of leave, or if resigning, submit notice of
separation.
11.12 Resignation
The position of a principal who submits notice of
resignation when proceeding on maternity leave will be declared vacant.
Resignation in this instance will not be accepted earlier than the last day of
the paid maternity leave nor later than the last day of approved leave.
11.13 Superannuation
A principal on maternity leave whether paid or unpaid, is
not required to meet any payment of the employer's superannuation
contributions.
11.14 Service Credits
for Maternity Leave
11.14.1 All
periods of full time and part time maternity leave count as service for
incremental purposes.
11.14.2 Maternity
leave without pay does not count as service for long service leave, except when
a principal has completed at least ten years paid service, then any period of
adoption leave without pay of less than six months counts for the accrual of
long service leave.
11.14.3 Paid
maternity leave counts as service for annual leave loading purposes.
11.14.4 Paid
maternity leave accrues recreation leave pay and any entitlement will be paid
during the relevant recreation leave.
11.14.5 With
the exception of long service leave, annual leave loading and recreation leave,
paid and unpaid maternity leave counts as service in respect of all. other
categories of leave.
11.15 Part Time
Maternity Leave
11.15.1 Eligibility
All principals who become pregnant may take maternity
leave on a part time basis.
11.15.2 Application
and Variation of Leave
a) An application
for part time maternity leave should be submitted at least seven weeks in
advance of the date on which leave is to commence.
b) Applications
for part time maternity leave for between one and four days per week may be
approved over a period of up to two years subject to the leave not exceeding
the maximum entitlement provided in 11.1.5.
c) A principal
may make application to vary the period of part time maternity leave and/or
work arrangements provided that sufficient maternity leave is available.
d) Subject to
approval, a principal who has returned to full time or substantive hours of
duty after maternity leave may apply to revert to part time or full time maternity
leave.
e) Similarly, a
principal who has returned to duty on a part time basis may apply to revert to
full time maternity leave and vice-versa.
11.15.3 Duration of Leave
a) The maximum
period of part time maternity leave which may be taken is 12 months from the
date of birth.
b) Subject to the
maximum period stated in a) above, the actual period of part time maternity
leave that a principal may take will be determined by:
i) the period of
untaken full time maternity leave; and
ii) the number of
days per week that the principal works.
11.15.4 Right
of Return
A principal on part time maternity leave without pay
will have right of return to her substantive position for the duration of the
period of leave.
11.15.5 Salary
and Incremental Progression
a) The salary for
principals on part time maternity leave is calculated in accordance with the
following formula:
|
|
No.
of days worked
|
|
|
Appropriate
Annual Salary
|
x
|
on
a part time basis
|
=
|
Weekly
Salary
|
52.17857
|
|
No.
of days worked
|
|
|
|
|
on
a part time basis
|
|
|
b) Allowances
which are paid in recognition of duties undertaken during the part time leave
arrangements are calculated in a similar manner.
11.15.6 Leave
Conditions
a) Annual Leave
Loading
Principals on part time maternity leave are eligible
for annual leave loading on a pro rata basis,
b) Leave Without
Pay
Principals on part time maternity leave may be granted
short periods of leave without pay but if a principal requires an extended period
of leave without pay the part time maternity leave must be terminated.
c) Principals may
take both accrued long service leave and accrued recreation leave concurrently
with part time maternity leave.
d) Principals may
be granted the following leave under normal conditions:
Long Service leave
Sick leave
Recreation leave
Family and community service leave
The following leave will accrue on a pro-rata basis
Family and community service leave
Sick leave
Long Service leave
Recreation leave
12. Adoption Leave
12.1 Entitlement and
Payment
12.1.1 Unpaid Adoption
Leave
All principals who adopt a child and who are to be the
primary caregiver of the child, are entitled to the following periods of unpaid
adoption leave irrespective of their length of service (refer to 12.1.4 for
paid leave where appropriate).
a) For a period
of up to 12 months on a full time basis if the child has not commenced school
at the date of taking custody.
b) For a period
up to 12 months on a full time basis as the College Council may determine if
the child has commenced school at the date of taking custody.
c) A principal
may take adoption leave as follows:
i) as a period
of unpaid leave on a full time basis totalling 12 months; or
ii) as a period
of unpaid leave on a part time basis totalling 24 months (12 months equivalent
full time) at the discretion of the College Council; or
iii) as a
combination of full time and part time leave provided that the total period of
adoption leave taken does not exceed the equivalent of twelve months full time
leave.
d) Principals may
take both accrued long service leave and accrued recreation leave concurrently
with unpaid or half paid adoption leave.
12.1.2 Right to Request
a) A principal
entitled to adoption leave may request the College Council to allow the
principal:
i) to extend the
period of simultaneous adoption leave use up to a maximum of eight weeks; (to
be read in conjunction with clause 13 Parental Leave)
ii) to extend the
period of unpaid adoption leave for a further continuous period of leave not
exceeding 12 months;
iii) to return
from a period of adoption leave on a part-time basis until the child reaches
school age;
to assist the principal in reconciling work and
parental responsibilities.
b) The College
Council shall consider the request having regard to the principal's
circumstances and, provided the request is genuinely based on the principal's
adoption responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the Community College's business.
Such grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
c) The
principal's request and the College Council's decision made under 12.1.2
(a)(ii) and 12.1.2 (a)(iii) must be recorded in writing.
d) Where a
principal wishes to make a request under 12.1.2 a)(iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the principal is due to return to work from adoption leave.
12.1.3 Communication
During Adoption Leave
a) Where a
principal is on adoption leave and a definite decision has been made to introduce
significant change at the workplace, the College Council 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 adoption 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 adoption leave.
b) The principal
shall take reasonable steps to inform the College Council about any significant
matter that will affect the principal's decision regarding the duration of
adoption 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 College Council of changes of address or other contact
details which might affect the College Council's capacity to comply with 12.1.3
a).
12.1.4 Paid Adoption
Leave
a) Payment for
adoption leave is available to principals who are the primary caregiver subject
to completion of 40 weeks continuous service prior to the anticipated date of
taking custody of the child.
b) Payment is
made for a period not exceeding 14 weeks full time equivalent.
c) All allowances
will be paid to eligible principals for the period of paid adoption leave. No
allowances will be paid to principals during periods of no pay adoption leave.
12.1.5 Method of
Payment
a) When
completing an application for adoption leave a principal may elect to be paid
by normal fortnightly payments at full or half pay or by payment in a lump sum.
b) A principal
may apply for one combination of leave at full and half pay,
c) A principal who
has completed 40 weeks of continuous service as per 12.1.4 a) and who has taken
no more than 12 months full time maternity, adoption or parental leave or its
part time equivalent is entitled to be paid at their normal rate (i.e. the rate
at which they were paid before proceeding on leave) for another period of such
leave regardless of whether they resume their normal hours of work before
proceeding on leave again. This does not require the principal to complete a
further period of 40 weeks continuous service.
12.2 Other Leave
12.2.1 Adoption leave
commences on the date of taking custody of the child. Other leave as is
necessary to attend to the domestic travel and residential arrangements associated
with taking charge of the child may be taken prior to the commencement of the
adoption leave.
12.2.2 Subject to an
entitlement existing, a principal may apply for family and community service
leave, long service leave, or leave without pay for this purpose.
12.3 Application and
Variation of Leave
12.3.1 An application
for adoption leave, accompanied by documentation from the adoption authority
indicating the anticipated date of taking custody, should be submitted at least
one month prior to the anticipated date of taking custody of the child.
12.3.2 Where a
principal takes custody of the child earlier than expected, an application for
leave should be submitted no later than 14 days after taking custody of the
child.
12.3.3 The first and last
date of leave must be stated on the application.
12.3.4 A principal may
vary the intended period of leave any number of times before it commences.
12.3.5 After leave
commences the period of leave may be varied once without approval and on any
number of occasions with approval. However, resumption of duty must then
coincide with the commencement of a college term.
12.3.6 Subject to
approval, a principal who has returned to full time duty after adoption leave,
may, provided the principal has a balance of adoption leave to credit, apply to
revert to full time or part time adoption leave.
12.4 Right of Return
12.4.1 A principal's
right of return to their substantive position is retained if the total period
of adoption leave and any other leave is 24 months (or less).
12.5 Part Time
Adoption Leave
12.5.1 All principals
adopting a child who has not commenced school at the date of taking custody,
and who are to be the primary caregiver of the child, may take adoption leave
on a part time basis.
12.5.2 Applications for
part time adoption leave for between one and four days per week may be approved
over a period of up to two years subject to the leave not exceeding the maximum
entitlement provided in 12.1.1 c).
12.5.3 During part time
adoption leave the right of return to the principal's substantive position is
maintained.
12.5.4 Unless otherwise
stated in this determination, the provisions of permanent part time employment
will apply for all service undertaken during the period of part time adoption
leave.
12.5.5 Principals may
take both accrued long service leave and accrued recreation leave concurrently
with part time adoption leave.
12.5.6 An application
for part time adoption leave should be submitted at least one month in advance
of the date on which leave is to commence.
12.5.7 A principal may
make application to vary the period of part time adoption leave and/or work
arrangements provided that sufficient adoption leave is available.
12.5.8 Subject to
approval a principal who has returned to full time duty after adoption leave
may apply to revert to part time or full time adoption leave.
12.5.9 Similarly, a
principal who has returned to duty on a part time basis may apply to revert to
full time adoption leave and vice-versa.
12.6 Service Credits
for Adoption Leave
12.6.1 All periods of
adoption leave, both paid and unpaid, count as service for incremental
purposes.
12.6.2 Adoption leave
without pay does not count as service for long service leave, except when a
principal has completed at least ten years paid service, then any period of
adoption leave without pay of less than six months counts for the accrual of
long service leave.
12.6.3 Paid adoption
leave counts as service for annual leave loading purposes.
12.6.4 Paid adoption
leave accrues recreation leave pay and any entitlement will be paid during the
relevant recreation leave.
12.6.5 With the
exception of long service leave, annual leave loading and recreation leave,
paid and unpaid adoption leave counts as service in respect of all other
categories of leave.
12.7 Superannuation
A principal on adoption leave whether paid or unpaid,
is not required to meet any payment of the employer's superannuation
contributions.
12.8 Resignation
The position of a principal who submits notice of resignation
when proceeding on adoption leave will be declared vacant. Resignation in this
instance will not be accepted earlier than the last day of the paid adoption
leave nor later than the last day of approved leave.
13. Parental Leave
13.1 Entitlement and
Payment
13.1.1 Unpaid Leave
a) Unpaid
parental leave is available to principals for whom maternity or adoption leave
does not apply, for the birth of the child or other termination of the spouses
pregnancy or, in the case of adoption, from the date of taking custody,
irrespective of their length of service.
b) A principal is
entitled to parental leave, which is not taken simultaneously with the
partner's maternity leave or adoption leave, as follows:
i) a period of
unpaid leave on a full time basis totalling 12 months; or
ii) a period of
unpaid leave on a part time basis totalling 24 months at the discretion of the
College Council; or
iii) a combination
of full time and part time leave provided that the total period of parental
leave taken does not exceed the equivalent of 12 months full time leave.
c) Principals may
take both accrued long service leave and accrued recreation leave concurrently
with unpaid or half pay parental leave.
d) Extended
parental leave applied for but not commenced, will be cancelled in cases of
miscarriage or stillbirth.
e) All periods of
full time and part time parental leave count. as service for incremental
purposes.
13.1.2 Simultaneous
Leave
a) A principal may
take simultaneous maternity/adoption leave and parental leave when:
i) a principal
is taking paid parental leave and the principal's partner is taking maternity
or adoption leave.
ii) both partners
are sharing child caring duties on a part time basis on separate days.
13.1.3 Right to Request
a) A principal
entitled to parental leave may request the Community College to allow the
principal:
i) to extend the
period of simultaneous parental leave use up to a maximum of eight weeks;
ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the principal in reconciling work and parental
responsibilities.
b) The College
Council 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 Community College's business.
Such grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
c) The
principal's request and the College Council's decision made under 13.1.3 a)(ii)
and 13.1.3 a)(iii) must be recorded in writing.
d) Where a
principal wishes to make a request under 13.1.3 a)(iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the principal is due to return to work from parental leave.
13.1.4 Communication
During Parental Leave
a) Where a
principal is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the College Council 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.
13.1.5 Paid Parental
Leave
a) Payment for
parental leave is available to principals subject to completion of 40 weeks
continuous service prior to the anticipated date of birth or date of taking
custody.
b) Payment is at
the rate of one week full pay or two weeks
half pay. This may be taken simultaneously with a partner’s maternity
leave. Any additional simultaneous
leave will be unpaid.
c) A principal
who has completed 40 weeks of continuous serve
as per 13.1.5 a) and who has taken no more than 12 months full time
maternity, adoption or parental leave or its part time equivalent is entitled
to be paid at their normal rate (i.e. the rate at which they were paid before
proceeding on leave) for another period of such leave regardless of whether
they resume their normal hours of work
before proceeding on leave again. This
does not require the principal to complete a further period of 40 weeks
continuous service.
13.2 Application and
Variation of Leave
13.2.1 The Principal is
required to make an application for parental leave at least one month prior to
the proposed first day of leave.
13.2.2 An application
for parental leave must be accompanied by a medical certificate which includes
the anticipated date of birth of the child or in the case of an adopted child,
documentation from the authority indicating the expected date of taking custody
should be submitted.
13.2.3 The first and
last date of leave must be stated on the
application.
13.2.4 Principals eligible
for long service leave may apply to use long service leave to supplement a
period of half pay or unpaid parental leave.
13.2.5 A principal may
vary the intended period of leave any
number of times before it commences.
13.2.6 After leave
commences the period of leave may be varied
once without the approval and on any number of occasions with approval.
13.2.7 Subject to
approval, a principal who has returned to full
time duty after parental leave, may, provided the principal has a
balance of parental leave to credit,
apply to revert to full time or part time parental leave.
13.3 Part Time
Parental Leave
13.3.1 Applications for
part time parental leave for between one and four days per week may be approved
over a period of up to two years subject to the leave not exceeding the maximum
entitlement provided in section 13.1.1d).
13.3.2 The provisions
of permanent part time employment will apply for all service undertaken during
the period of part time parental leave.
13.3.3 Principals may
take both accrued extended leave and accrued recreation leave concurrently with
part time parental leave.
13.4 Superannuation
A principal on parental leave whether paid or unpaid,
is not required to meet any payment of the employer’s superannuation contributions.
13.6 Resignation
The position of a principal who submits notice of
resignation when proceeding on parental leave will be declared vacant. Resignation in this instance will not be
accepted earlier than the last day of the paid adoption leave nor later than
the last day of approved leave.
14. Family and
Community Service Leave
14.1 Principals can
utilise family and community service leave to meet a range of family activities
and community service responsibilities.
This could include a need to respond to an emergency situation or could
also be used in the event of planned absences for family and community service
responsibilities where some advance notice is given.
14.2 A principal's
eligibility for family and community service leave will be determined in
accordance with the definitions set out in subparagraph b) of subclause 15.1.3.
14.3 The maximum
amount of family and community service leave which may be granted to a
principal is:
during the first 12 months of service, 2.5 working
days; or
after completion of 12 months of service, five working
days in any period of two years; or
alternatively, the entitlement calculated by allowing
one day for each completed year of service, less the total amount of family and
community service leave previously granted during a principal's service.
14.4 Principals who
apply for a period of leave that exceeds the maximum entitlement to family and
community service leave may be granted leave without pay or long service leave
to credit.
15. Personal Carer's
Leave
15.1 Use of Sick
Leave
15.1.1 A principal with
responsibilities in relation to a class of person set out in subparagraph b) of
paragraph 15.1.3, who needs the principal's care and support, shall be entitled
to use, in accordance with this subclause, any current or accrued sick leave
entitlement, provided for in clause 10, Sick Leave, 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.
15.1.2 The principal
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person or establish by production of
documentation acceptable to the College Council 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 has taken leave to care for the same
person.
15.1.3 The entitlement
to, use sick leave in accordance with this subclause is subject to:
a) the principal
being responsible for the care of the person concerned; and
b) the person
concerned being:
i) a spouse of
the principal; or
ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the principal or spouse or de facto
spouse of the principal; or
iv) a same sex
partner who lives with the principal as the de facto partner of that principal
on a bona fide domestic basis; or
v) a relative of
the principal who is a member of the same household, where for the purposes of
this subparagraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
15.1.4 A principal
shall, wherever practicable, give the College Council notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person's relationship to the principal, 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
College Council by telephone of such absence at the first opportunity on the
day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the College Council and
principals shall discuss appropriate arrangements which, as far as practicable,
take account of the College Council's and principal's requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 18 should be followed.
15.2 Unpaid Leave
for Family Purpose
15.2.1 A principal may
elect, with the consent of the College Council, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph b) of subclause 15.1.3, who is ill or who requires care due to
an unexpected emergency.
15.3 Annual Leave
15.3.1 A principal may
elect with the consent of the College Council, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding ten days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
15.3.2 Access to annual
leave, as prescribed in subclause 15.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this award.
15.3.3 A principal and
College Councils may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
15.3.4 A principal may
elect with the College Council's agreement to take annual leave at any time
within a period of 24 months from the date at which it falls due.
15.4 Make-Up Time
15.4.1 A principal may
elect, with the consent of the College Council, to work "make-up time",
under which the principal takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
16. Compassionate
Leave
16.1 A principal
shall be entitled to up to five days per year for leave on compassionate
grounds, including bereavement (subject to this clause), with the approval of
the college council.
16.2 A principal,
shall be entitled to up to two days compassionate leave without deduction of
pay, on each occasion of the death of a person as prescribed in subparagraph b)
of subclause 15.1.3.
16.3 The principal
must notify the college council as soon as practicable of the intention to take
compassionate leave and will, if required by the College Council, provide to
the satisfaction of the college council proof of death.
16.4 Compassionate
leave shall be available to the principal in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph b) of subclause 15.1.3, State Personal/Carer's - Leave Case -
August 1996, provided that, for the purpose of compassionate leave, the
principal need not have been responsible for the care of the person concerned.
16.5 A principal
shall not be entitled to compassionate leave under this clause during any
period in respect of which the principal has been granted other leave.
16.6 Compassionate
leave may be taken in conjunction with other leave available under subclauses
15.2, 15.3 and 15.4. In determining such a request, the college council will
give consideration to the circumstances of the principal and the reasonable
operational requirements of the college.
17. Long Service
Leave
Principals shall have an entitlement to long service leave, subject
to the following provisions:
17.1 Basis of
entitlement
Long service leave accrues on the following bases:
17.1.1 On completion of
7 years service - 1 month and 12 calendar days
17.1.2 On completion of
10 years service - two months on full pay or four months on half pay
17.1.3 In excess of 10
years service - long service leave accrues at the rate of 15 calendar days for
each completed year of service.
17.1.4 For service
after five years but less than 10 years
a) Principals who
have at least five years service but less than 10 years, if a person's services
are terminated either:
i) for any
reason other than the person's serious and wilful misconduct;
ii) by the person
on account of illness, incapacity or domestic or other pressing necessity.
b) The
entitlement after five years service is one month's leave on full pay. For each
completed year of service between five and 10 years, add six days and for each
completed month of service add one half day.
c) Under this
provision, where a person is retired and has only between five and 10 years
service, he/she is to be paid the monetary value of long service leave accrued
in accordance with the above other than when a principal is resigning.
17.2 Provided that a
principal has at least 10 years service, leave without pay taken for the
reasons listed below counts as service for long service leave purposes
regardless of the period involved, unless otherwise stated:
17.2.1 for military
service, e.g., the Army, Navy or Air Force;
17.2.2 during major interruptions
to public transport; or
17.2.3 periods during
which a person is in receipt of workers' compensation.
17.3 Calculation of
long service leave - The following guidelines should be applied to ensure
uniformity in the calculation of long service leave:
17.3.1 For service
between five years and 10 years:
a) On completion
of five years service the entitlement is one month on full pay.
b) For each
completed year in excess of five years, the entitlement is six days.
c) For each month
of service after five years, the entitlement is a half day.
17.3.2 For service of
10 years or more - On the completion of 10 years service, principals are
eligible for two months leave on full pay and for each completed year of
service after 10 years the entitlement shown in Table 1 of subclause 17.5 of
this clause. Entitlements for portions
of a year are outlined in Table 2 of the said subclause 17.5.
17.4 Principals with
an entitlement to long service leave (LSL) may elect to take leave at double
pay.
Principals who transfer between colleges may, by
agreement, have their service regarded as continuous for the purpose of
calculating long service leave. Accrued long service leave funds, by agreement
between all parties, may be forwarded from the previous employing college to
the new employing college.
17.5 From January 1
2006, public holidays that occur during a principal's period of long leave will
be paid and not debited from an principal's leave entitlement.
The following table contains the accrual of long service
leave entitlement for long service leave.
TABLE 1
|
Period of service
|
Period of leave due
|
11 years
|
2 months 15 days
|
12 years
|
3 months
|
13 years
|
3 months 15 days
|
14 years
|
4 months
|
15 years
|
4 months 15 days
|
16 years
|
5 months
|
17 years
|
5 months 15 days
|
18 years
|
6 months
|
19 years
|
6 months 15 days
|
20 years
|
7 months
|
21 years
|
7 months 15 days
|
22 years
|
8 months
|
23 years
|
8 months 15 days
|
24 years
|
9 months
|
25 years
|
9 months 15 days
|
26 years
|
10 months
|
27 years
|
10 months 15 days
|
28 years
|
11 months
|
29 years
|
11 months 15 days
|
30 years
|
12 months
|
31 years
|
12 months 15 days
|
32 years
|
13 months
|
33 years
|
13 months 15 days
|
34 years
|
14 months
|
35 years
|
14 months 15 days
|
36 years
|
15 months
|
37 years
|
15 months 15 days
|
38 years
|
16 months
|
39 years
|
16 months 15 days
|
40 years
|
17 months
|
Where service includes periods of less than a completed year,
leave shall accrue as follows:
TABLE 2
|
Period of service
|
Leave Accrued
Calendar Days
|
12 days to 23 days
|
1/2
|
24 days to 1 month 5 days
|
1
|
1 month 6 days to 1 month 17 days
|
1 1/2
|
1 month 18 days and less than 2 months
|
2
|
2 months to 2 months 11 days
|
2 1/2
|
2 months 12 days to 2 months 23 days
|
3
|
2 months 24 days to 3 months 5 days
|
3 1/2
|
3 months 6 days to 3 months 17 days
|
4
|
3 months 18 days and less than 4 months
|
4 1/2
|
4 months to 4 months l 1 days
|
5
|
4 months 12 days to 4 months 23 days
|
5 1/2
|
4 months 24 days to 5 months 5 days
|
6
|
5 months 6 days to 5 months 17 days
|
6 1/2
|
5 months 18 days and less than 6 months
|
7
|
6 months to 6 months 11 days
|
7 1/2
|
6 months 12 days to 6 months 23 days
|
8
|
6 months 24 days to 7 months 5 days
|
8 1/2
|
7 months 6 days to 7 months 17 days
|
9
|
7 months 18 days and less than 8 months
|
9 1/2
|
8 months to 8 months 11 days
|
10
|
8 months 12 days to 8 months 23 days
|
10 1/2
|
8 months 24 days to 9 months 5 days
|
11
|
9 months 6 days to 9 months 17 days
|
11 1/2
|
9 months 18 days and less than 10 months
|
12
|
10 months to 10 months 11 days
|
12 1/2
|
10 months 12 days to 10 months 23 days
|
13
|
10 months 24 days to 11 months 5 days
|
13 1/2
|
11 months 6 days to 11 months 17 days
|
14
|
11 months 18 days and less than 12 months
|
14 1/2
|
12 months
|
15
|
18. Grievance and
Dispute Resolution Procedures
18.1 A college
council shall adopt procedures to deal with grievances of principals and
disputes between the College Council and the principal.
18.2 Procedures:
18.2.1 A dispute must initially
be dealt with at the college with graduated steps for further discussion and
resolution at higher levels of authority.
18.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
18.2.3 At the
conclusion of the discussion, the council must provide a response to the
principal's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
18.2.4 While a
procedure is being followed, normal work must continue.
18.2.5 The principal
may be represented by the New South Wales Teachers Federation.
18.2.6 Should the
procedure not lead to an agreed resolution, then either party may refer the
dispute/grievance to the Industrial Relations Commission of New South Wales,
but not before ten days from notification.
18.2.7 Matters for
interpretation may be referred to the Industrial Relations Commission at any
time.
19. Superannuation
19.1 Definitions
For the purposes of this clause:
19.1.1 Basic Earnings
means the minimum rate of salary and the amount of any allowance prescribed
from time to time in clause 6, Salaries.
19.1.2 Establishment
Date means the date seven days after the establishment of the Industry Fund.
19.1.3 Fund means the
fund agreed upon between the council and the principal.
19.1.4 Qualified
Employee means:
a) A principal
who is employed at 1 February 1996.
b) A principal
employed after 1 February 1996 who has completed not less than 20 days service
(or equivalent) at the relevant college.
19.2 Benefit
19.2.1 Except as
provided in subclauses 19.2.3 and 19.2.4, each college in respect of each
qualified employee employed by it shall pay contributions to the fund. The quantum of superannuation contributions
shall be in accordance with the relevant legislation, including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge
Act 1992, and the Superannuation Industry (Supervision) Act 1993 or
successor Acts.
19.2.2 Contributions
shall be paid at intervals and in accordance with the procedures and subject to
the requirements of the fund.
19.2.3 A college shall
not be required to make contributions pursuant to this clause in respect of a
period when that principal is absent from his or her employment without pay,
except in the case of maternity leave.
19.2.4 Contributions
shall be calculated:
a) in the case of
a qualified principal who is employed at 1 February 1996, from the beginning of
the first pay period commencing on or after 1 February 1996;
b) in the case of
a qualified principal employed after 1 February 1996, from the beginning of the
first pay period commencing on or after the qualified principal's date of
engagement and shall be paid as soon as reasonably possible thereafter.
Provided that, where the college has informed a principal of the principal's
rights and obligations under this clause and the principal is or becomes a
qualified principal and fails to join the relevant fund within six weeks of
becoming a qualified employee, the college will only be obliged to make
contributions calculated from the first pay period commencing after the
principal advised the college in accordance with subclause 19.2.5 provided the
college informs or has informed the principal in writing of its intention not
to calculate the payment as provided in this paragraph.
19.2.5 A principal
shall advise the College Council in writing of the principal's application to
join a fund pursuant to this award.
19.2.6 Within three
weeks of the establishment date a college shall advise each principal employed
by it at the time of making this award, in writing, of the principal's
entitlements under this clause and of the action to be taken by the principal
to obtain the benefit of those entitlements.
19.2.7 When a new
principal commences in employment the college shall advise the principal, in
writing, of the principal's entitlements under this award within two weeks of
the date of commencement of employment and also of the relevant provisions of
subclause 19.2.4.
19.2.8 Subject to
subclause 19.2.4, a college shall make contributions in respect of all days
worked at the college by a qualified principal.
19.2.9 Nothing in this
clause shall require a college to make more than one contribution in respect of
any single day worked at the college by a qualified principal.
19.3 Records
The college shall retain all records relating to the
calculation of payments to the fund for a period of six years.
19.4 Commencement
This clause shall come into operation seven days after
the establishment date.
20. Duties as
Directed
20.1 Council may
direct a principal to carry out such duties as are within the limits of the
principal's skill, competence and training, consistent with the classification
structure of this award, provided that such duties are not designed to promote
de-skilling.
20.2 A council may
direct a principal to carry out such duties and use such tools and equipment as
may be required, provided that the principal has been properly trained in the
use of such tools and equipment.
21. Salary Packaging
21.1 Neither the
College Council nor the principal may be compelled to enter into a salary
packaging agreement.
21.2 Principals can
choose to take their remuneration as cash salary or select a combination of
cash salary and remuneration benefits to suit their individual and personal
needs.
21.3 The Fringe
Benefits Tax Assessment Act and the Income Tax Assessment Act or successor Acts
together with the College Council's policy regulates and defines the type of
benefits that can be packaged and the treatment for taxation purposes and the
administrative arrangements that apply.
21.4 For the
purposes of this clause, remuneration means the salary paid to a principal in
accordance with clause 6 of this award.
21.5 Where agreed
between the College Council and a full-time or part-time principal, the College
Council may offer salary packaging in respect of the principal's annual
remuneration including allowances.
21.6 Salary
packaging shall mean that the principal will have part or all of their annual
remuneration including allowances packaged into a fringe benefit which does not
constitute a direct payment to the principal but is payable to a bona fide
third party.
21.7 The terms and
conditions of such a package shall not, when viewed objectively, be less
favourable than the entitlements otherwise available under this award and shall
be subject to the following provisions:
21.7.1 the
College Council shall ensure that the structure of any agreed remuneration package
complies with taxation and other relevant legislation;
21.7.2 where
there is an agreement to salary package, the agreement shall be in writing and
made available to the principal;
21.7.3 the
principal shall have access to details of the payments and transactions made on
their behalf. Where such details are maintained electronically, the principal
shall be provided with a printout of the relevant information, or if maintained
manually, on request;
21.7.4 the
College Council has the right to vary or withdraw from a salary packaging
agreement and/or withdraw from offering salary packaging in the event of
changes to the operation of legislation that are detrimental to, or increase
the costs of, salary packaging arrangements;
21.7.5 prior
to entering into any salary packaging agreements, the principal will be given
the opportunity by the College Council to seek independent advice in respect of
salary package arrangements;
21.7.6 in
the event that the College Council withdraws from a salary packaging agreement,
the individual principal's salary will revert to whichever is the higher of:
a) the ordinary
time rate of pay that applied to the principal prior to the commencement of the
salary packaging agreement; or
b) the applicable
rate specified in Table l, Monetary Rates.
21.7.7 notwithstanding
any of the above arrangements, the College Council or principal may cancel any
salary packaging agreements by the giving of one months notice of cancellation
to the other party;
21.7.8 Superannuation
Guarantee Contributions will be calculated with reference to the annual
remuneration including allowances the principal would have been entitled to
receive but for the salary packaging arrangement;
21.7.9 any
payment including any allowances, penalty rates, overtime, payment for unused
leave entitlements shall be calculated by reference to the annual remuneration
including allowances which would have applied to the principal but for the
salary packaging arrangement and payable during employment or on termination of
employment or on death;
21.7.10 unless
there is agreement between the College Council and the principal to the
contrary, all salary packaging arrangements shall cease during any period of
leave without pay, including periods of unpaid sick leave.
22. Secure Employment
Test Case
22.1 Objective of
this Clause
The objective of this clause is for the College Council
to take all reasonable steps to provide its principal's with secure employment by
maximising the number of permanent positions in the College Council's
workforce, in particular by ensuring that casual employees have an opportunity
to elect to become full-time or part-time employees.
22.2 Casual
Conversion
22.2.1 A casual
principal engaged by a particular College Council on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months shall thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time
employment of part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
22.2.2 Every employer
of such a casual principal shall give the principal notice in writing of the
provisions of this subclause within four weeks of the principal having attained
such period of six months. However, the principal retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
22.2.3 Any casual
principal who has a right to elect under subclause 22.2.1, upon receiving
notice under paragraph 22.2.2 or after the expiry of the time for giving such
notice, may give four weeks' notice in writing to the College Council that he
or she seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the principal, the College Council shall consent to or refuse the
election, but shall not unreasonably so refuse. Where a College Council refuses
an election to convert, the reasons for doing so shall be fully stated and
discussed with the principal concerned, and a genuine attempt shall be made to
reach agreement. Any dispute about refusal of an election to convert an ongoing
contract of employment shall be dealt with as far as practicable and with
expedition through the disputes settlement procedure.
222.4 Any casual
principal who does not, within four weeks of receiving written notice from the
College Council, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
22.2.5 Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time principal, the principal may only revert to casual employment by
written agreement with the employer.
22.2.6 if a casual
principal has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 22.2.3, the
College Council and principal shall, in accordance with this paragraph, and
subject to paragraph 22.2.3, discuss and agree upon:
a) whether the
principal will convert to full-time or part-time employment; and
b) if it is
agreed that the employee will become a part-time principal, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that a principal who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and a
principal who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
principal and the College Council.
22.2.7 Following an
agreement being reached pursuant to paragraph (vi), the principal shall convert
to fulltime or part-time employment. If there is any dispute about the
arrangements to apply to a principal converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
22.2.8 A principal must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
22.3 Occupational
Health and Safety
22.3.1 For the purposes
of this subclause, the following definitions shall apply:
a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer,
b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer's own employees.
22.3.2 Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
22.3.3 Nothing in this
subclause 22.3.2c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
22.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
22.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
23. Area, Incidence
and Duration
23.1 This award
rescinds and replaces the Evening and Community College Principals (New South
Wales) Award published 30 August 2002 (335 IG 1266) and award review published
9 September 2005 (353 IG 852), as varied.
23.2 This award
commences on and from 11 September 2006 and shall remain in force until 31
December 2008.
23.3 This award
shall apply to all principals, as defined, employed in the following Community
Colleges, as defined in New South Wales:
ACE - North Coast Inc
Bankstown College Inc
Central Coast Community College
Eastern Suburbs Regional College
Hawkesbury Community College Inc
Hornsby Community College
Hunter Community College
Macarthur Community College
Macquarie Community College
Many Warringah Community College Inc
Mosman Evening College Inc
Nepean Community College
Northwest Community College
The Parramatta College
Riverina Community College Inc
Southern Community College Inc
St George & Sutherland Community College
Sydney Community College
Tamworth Community College
Western College Incorporated
Part B
MONETARY RATES
Table 1 - Annual
Salary Rates
Step
|
Current Rates
|
Band 1
|
|
of Pay
|
|
|
|
24% in Three
Instalments
|
|
|
11.09.2006
|
11.09.2007
|
11.09.2008
|
|
|
8%
|
8%
|
8%
|
1
|
$68,617
|
74,106
|
80,034
|
86,437
|
2
|
$71,600
|
77,328
|
83,514
|
90,195
|
3
|
$74,585
|
80,552
|
86,996
|
93,956
|
4
|
$77,567
|
83,772
|
90,474
|
97,712
|
5
|
$80,550
|
86,994
|
93,954
|
101,470
|
Step
|
Current Rates
|
Band 2
|
|
of Pay
|
|
|
|
24% in Three
Instalments
|
|
|
11.09.2006
|
11.09.2007
|
11.09.2008
|
|
|
8%
|
8%
|
8%
|
1
|
66,330
|
71,636
|
77,367
|
83,556
|
2
|
69,214
|
74,751
|
80,731
|
87,189
|
3
|
72,099
|
77,867
|
84,096
|
90,824
|
4
|
74,981
|
80,979
|
87,457
|
94,454
|
5
|
77,685
|
83,900
|
90,612
|
97,861
|
Step
|
Current Rates
|
Band 3
|
|
of Pay
|
|
|
|
24% in Three
Instalments
|
|
|
11.09.2006
|
11.09.2007
|
11.09.2008
|
|
|
8%
|
8%
|
8%
|
1
|
64,043
|
69,166
|
74,699
|
80,675
|
2
|
66,827
|
72,173
|
77,947
|
84,183
|
3
|
69,612
|
75,181
|
81,195
|
87,691
|
4
|
72,396
|
78,188
|
84,443
|
91,198
|
5
|
75,180
|
81,194
|
87,690
|
94,705
|
Table 2 - Other
Rates and Allowances
Motor Vehicle Allowance
|
(Rates Current at
01.07.2006) '
|
|
Under 1600cc cents
per
|
1601-2700cc cents
per
|
Over 2700cc cents
per
|
|
kilometre
|
kilometre
|
kilometre
|
Official Business Rate
|
54.1
|
75.6
|
81.2
|
Specified Journey Rate
|
22.6
|
26.8
|
28.9
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.