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New South Wales Industrial Relations Commission
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BRADFIELD COLLEGE (DEPARTMENT OF EDUCATION AND TRAINING) SALARIES AND CONDITIONS AWARD
  
Date09/14/2001
Volume327
Part4
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C0341
CategoryAward
Award Code 1360  
Date Posted03/06/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1360)

SERIAL C0341

 

BRADFIELD COLLEGE (DEPARTMENT OF EDUCATION AND TRAINING) SALARIES AND CONDITIONS AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Department of Education and Training and another matter.

 

(Nos IRC 5762 of 1999 and 2750 of 2001)

 

Before the Honourable Mr Deputy President Harrison

29 May and 13 June 2001

 

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.             Subject Matter

 

1.                       Arrangement

2.                       Definitions

3.                       Introduction

4.                       Employment and Transfer

5.                       Qualification Requirements

6.                       Learning Co-ordinators

7.                       Remuneration

8.                       Teacher Quality

9.                       Training and Professional Development

10.                     College Year

11.                     Hours of Work

12.                     Leave

13.                     Permanent Part-time Employees

14.                     Casual Employees

15.                     Travelling Time and Travelling Expenses

16.                     Transferred Officers Compensation

17.                     Dispute Resolution Procedures

18.                     Occupational Health and Safety

19.                     Educational Initiatives

20.                     No Industrial Action and No Further Claims

21.                     Anti-Discrimination

22.                     Goods and Services Tax

23.                     Industrial Rights

24.                     Area, Incidence and Duration

 

PART B

 

SCHEDULES

 

                                                               Schedule 1 - Annual Salaries

                                                               Schedule 2 - Hourly Rates for Part-time Casual Teachers and Co-ordinators

                                                               Schedule 3 - Allowance

 

2. Definitions

 

2.1        "Assistant Director" means a person appointed to a position designated as such.

 

2.2        "College calendar" means the schedule for teaching and associated activities supporting the curriculum offerings at Bradfield College.

 

2.3        "Casual employee" means a teacher employed at Bradfield College and paid on an hourly basis in accordance with the provisions of clause 14, Casual Employees.

 

2.4        "Director" means the Director of Bradfield College.

 

2.5        "Director-General" means the Director-General of Education and Training, Managing Director of TAFE NSW.

 

2.6        "Dispute" shall have the same meaning as that applied under the Industrial Relations Act 1996.

 

2.7        "Department" means the Department of Education and Training.

 

2.8        "Employee" means a full-time or part-time employee employed under a contract of no longer than three years to perform the work of a teacher, learning co-ordinator or assistant director.

 

2.9        "Employer" means the Director-General of Education and Training, Managing Director of TAFE NSW.

 

2.10      "Excess hours" means actual face-to-face teaching hours in excess of a normal teaching load.

 

2.11      "Experience" shall include credit for completed years of service as a qualified teacher, unqualified service, credit for non-teaching (where it is not defined as industry experience), and credit for child rearing as allowed for other teachers employed by the Department.

 

2.12      "Learning Co-ordinator" means a person appointed to a position responsible for the educational and administrative leadership of specified areas within the College.

 

2.13      "Managing Director" means the Managing Director of TAFE NSW.

 

2.14      "Normal program" means the duties allocated to permanent, part-time and casual employees, including teaching duties and duties incidental to teaching.

 

2.15      "Operating days" includes every day of the week except Sunday and public holidays.

 

2.16      "Parties" means the Director-General of Education and Training, Managing Director of TAFE NSW and the General Secretary of the New South Wales Teachers Federation.

 

2.17      "Part-time work" means employment offered under contract to other than casual employees for less than the ordinary working hours per week by a teacher on a continuing basis for set and regular hours.  The rate of pay, all conditions and leave entitlements of a permanent part-time employee shall be on a pro rata basis.

 

2.18      "Period of engagement" means the period, up to three years, for which an employee is engaged to work at Bradfield College.

 

2.19      "Prior employee" refers to an employee of the former Department of School Education or TAFE recruited to work at Bradfield College.

 

2.20      "TAFE" means the New South Wales Technical and Further Education Commission.

 

2.21      "Teacher" means a person or officer employed permanently or temporarily in a full-time or part-time teaching position at Bradfield College to assist the Director in the work of the College.

 

2.22      "Teachers Federation" means the New South Wales Teachers Federation.

 

2.23      "Team leader" means a teacher selected by the Director to co-ordinate a team of teachers responsible for the educational instruction, student welfare and vocational needs of students.

 

3.  Introduction

 

3.1        Bradfield College is a unique public educational institution.  The salaries and working conditions of teachers at Bradfield College were defined by a specific Enterprise Agreement for the College in 1993. The salary, leave and working conditions of teachers at the College as detailed in this award are derived from that Agreement as modified by changes agreed to by the parties to meet the current needs of the College and its teachers.

 

4.  Employment and Transfer

 

4.1        The filling of vacant positions will be by way of a selection process based on merit (including equal employment opportunity principles).

 

4.2        Nothing in this award shall operate to remove the right of the Managing Director/Director-General to transfer an employee of either TAFE or the Department, respectively, to another location.

 

5.  Qualification Requirements

 

5.1        Staff employed as full-time or permanent part-time teachers at Bradfield College shall be required to fulfil the same requirements with respect to academic qualifications and industry experience as apply to staff teaching the same subjects or disciplines in the Department or TAFE as appropriate.

 

6.  Learning Co-ordinators

 

6.1        Learning Co-ordinators are responsible for the educational and administrative leadership of specified areas within the College.  Where appointed, and as a minimum, Learning Co-ordinators shall:

 

6.1.1     be required to supervise a major discipline area within the College; or

 

6.1.2     be responsible for curriculum development and student support directly linked to classroom practice across the College.

 

6.2        The creation and deletion of learning co-ordinator positions is at the discretion of the Director.  During the term of this award the parties will develop an agreed process for the establishment and deletion of learning co-ordinator positions.

 

This process will include:

 

6.2.1     a review of the current and future projected curriculum;

 

6.2.2     a review of supervisory responsibilities, including the span of supervision; and

 

6.2.3     the length of time the position may be needed.

 

7.  Remuneration

 

7.1        The annual salary for teachers, learning co-ordinators and assistant directors shall be as set out in Schedule 1 - Annual Salaries, of Part B, Schedules.

 

7.2        A teacher appointed as team leader shall be paid an allowance as set out in Schedule 3 - Allowance of Part B, Schedules.

 

7.3        Determination of Starting Salary -

 

7.3.1     All teachers appointed to Bradfield College shall commence at the rate prescribed for Level A in Schedule 1 unless they possess additional qualifications and experience that justifies their appointment at a higher level.

 

7.3.2     The determination of starting salary shall be made by the Director having regard to the provisions of paragraph 7.3.3 of this award.

 

7.3.3     In relation to the appointment of teachers to levels, and subject to clause 4, Employment and Transfer of this award, the following shall apply:

 

Level A:          Applicants with minimum qualifications and minimum experience.

 

Level B:           Applicants with minimum qualifications and no less than 1 year of experience above the minimum requirement.

 

Level C:           Applicants with minimum qualifications and no less than 2 years of experience above the minimum requirement.

 

Level D:           Applicants with minimum qualifications and no less than 3 years of experience above the minimum requirement.

 

Level E:           Applicants with minimum qualifications and no less than 4 years of experience above the minimum requirement.

 

Level F:           Applicants with minimum qualifications and no less than 5 years of experience above the minimum requirement,

 

provided that, in exceptional circumstances, salary levels different to the above can be approved by the Director, Northern Sydney Institute. 

 

7.4        Movement Between Salary Levels -

 

7.4.1     A teacher at Bradfield College shall be entitled to progress or be maintained on the teacher salary scale or the salary level for a learning co-ordinator or assistant director position after each 12 months of service subject to the teacher demonstrating by means of annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth.  These shall be determined as provided for in Clause 8, Teacher Quality of this award.

 

7.4.2     Periods of full-time leave without pay greater than five days shall not be counted as service for the purposes of this clause.

 

7.5        Arrangements for staff to act in higher positions and to receive higher duties allowances shall be in accordance with provisions applicable to teaching staff in the Education Teaching Service.

 

7.6        Teachers at Bradfield College may participate in the Department’s  salary packaging scheme.  Under the Department’s salary packaging scheme, officers may choose to take the salary component of their total remuneration package as cash salary, or select a combination of cash salary and benefits to suit their individual needs.

 

8.  Teacher Quality

 

8.1        To provide feedback on a teacher’s performance, the Director of Bradfield College or nominee shall ensure that the teacher’s performance is appraised by annual review.  This appraisal will be implemented from the beginning of the College Year 2001 as follows:

 

8.1.1     The Director, Bradfield College or nominee shall be responsible for annually reviewing the performance and development of teachers undertaking their work.

 

8.1.2     The TAFE teachers "Annual Review Policy" shall apply to all teachers, except casual teachers.

 

8.1.3     The annual review for TAFE teachers shall be reported by way of a new teacher assessment review form.

 

8.1.4     The parties agree to negotiate on variations, if any, to the policies and procedures in place at the commencement date of the award relevant to annual review of teacher performance.

 

9.  Training and Professional Development

 

9.1        The parties confirm their commitment to training and development for Bradfield College employees.  The employees recognise their obligation to maintain and update skills.

 

9.2        The Director, following agreement with the employees, shall develop a training plan for the College which shall take into account the individual training needs of teachers as identified by the annual review as provided for by subclause 7.4.1 of this award.  The training plan will be reviewed annually by the Director in consultation with the employees.

 

9.3        Three days each year during the standard term time for public schools and TAFE Institutes shall be scheduled by the Director for the purpose of meeting system needs and those peculiar to the College.

 

9.4        The professional development scheme developed and implemented at Bradfield College will continue to operate.  Individual performance shall be reviewed in accordance with that scheme on an annual basis.  Individual training needs will be assessed and discussed in accordance with that scheme. 

 

10.  College Year

 

10.1      Bradfield College will operate for a period of 50 weeks in a calendar year, during which the College may be open and utilised to conduct educational programs, and have a two-week close-down period surrounding Christmas and the New Year.  The dates of the close-down period will be determined annually by the Director.

 

10.2      Employees covered by this award shall not be required to be in attendance during the close-down period.

 

11.  Hours of Work

 

11.1      The parties agree to a flexible and adaptive approach in relation to working hours and working arrangements for Bradfield College.  These arrangements are based on the averaging of weekly face-to-face teaching hours for:

 

Teachers                                  - 20 hours;

 

Team leaders                           - 20 hours;

 

Learning Co-ordinators         - 14 hours;

 

Assistant Directors                - a minimum of 4 and a maximum of 8 hours;

 

over a period of up to 12 weeks.  By agreement with the Director, employees may also enter into an arrangement whereby a program, including excess teaching hours, may be worked and accumulated in accordance with the provisions of subclause 11.6 hereof.

 

11.2      An employee’s program of teaching shall be agreed prior to the commencement of each term between the employee and the Director and recorded by the teacher on the appropriate "EC" form, or other form(s) as may be required for payroll purposes.

 

11.3      The daily span of working hours in the College for employees under this award is between 7.30 a.m. and 10.00 p.m. on Monday to Friday inclusive and from 7.30 a.m. to 6.00 p.m. on Saturday, provided that an employee cannot be required to work in excess of eight hours on any one day without the agreement of that employee.

 

11.4      Employees may be required to work on any five days from Monday to Saturday inclusive as part of their normal program, provided that by agreement of the Director, weekly attendance requirements may be met in four days per week.  Should an employee be required to work on a Saturday, the Director may, if requested, provide in the employee’s program for two consecutive duty free days a week.

 

11.5      Employees shall attend for work 420 hours over a 12-week work cycle of 72 operating days, provided that:

 

11.5.1   no employee will be required to be in attendance for more than 60 operating days;

 

11.5.2   an employee may, with the agreement of the Director, attend at the College for less than 420 hours in a 12-week cycle but, in any case, shall attend at the College for no less than 360 hours over a 12-week cycle;

 

11.5.3   no teacher (including any teacher designated as a team leader) shall be required to teach more than 24 hours face-to-face in any one week;

 

11.5.4   no learning co-ordinator shall be required to teach more than 18 hours face-to-face each week;

 

11.5.5   no assistant director shall be required to teach more than 8 hours face-to-face each week.

 

11.6      By agreement between the employee and the Director prior to the commencement of the term, a program may be entered into which includes teaching hours in excess of a normal load.  Such hours may be accumulated to a maximum of 35 hours and then taken as time in lieu, provided that:

 

11.6.1   All time in lieu shall be taken on an hour-for-hour basis during a non-teaching session.

 

11.6.2   Where an employee is unable to take the time in lieu before the end of the 12 week accumulation period or the end of the vacation period immediately following the term during which the hours were accumulated (whichever is the sooner), then such teaching hours as are accumulated shall be paid for at the part-time casual teaching rate as set out in Schedule 2 - Hourly Rates for Part-time Casual Teachers and Co-ordinators of Part B, Schedules.

 

11.6.3   Where, with the agreement of the Director, incidental time associated with programmed excess teaching hours has been worked at the College and recorded by the teacher on the appropriate "EC" form, it may be counted towards time in lieu arrangements.

 

11.6.4   No employee shall be required to work beyond the limitations set out in subclause 11.5 hereof.

 

11.7      Emergency excess teaching hours occur when there is an unplanned absence of a teacher and another teacher agrees to take a class with less than 24 hours notice.  In such circumstances, emergency excess teaching hours shall be paid for at the part-time casual teaching rate.

 

11.8      Where staff of Bradfield College are directed to work on approved Bradfield College activities which require their attendance on Sundays or public holidays, they shall be eligible for compensatory leave.

 

Compensatory leave will be granted on the basis of one day for each public holiday or Sunday the teacher is directed to be in attendance at the activity.

 

Compensatory leave is to be taken as time in lieu within a reasonable time after the activity and at a time negotiated with the Director, and may be taken in conjunction with annual leave to credit.

 

11.9      Employees may not be directed to undertake face-to-face duties for more than 14 consecutive weeks without taking a break of at least one week, or may not elect to undertake such duties for more than 18 consecutive weeks without taking a break of at least one week from face-to-face teaching duties.  During the break employees may, for example:

 

11.9.1   take recreation leave or other leave to credit;

 

11.9.2   undertake professional development;

 

11.9.3   undertake duties incidental to teaching;

 

11.9.4   undertake administrative duties; or

 

11.9.5   undertake other duties as assigned by the Director.

 

11.10    The Director (in consultation with the employees) may vary the combination of working hours to suit the needs of Bradfield College or the employees.

 

12.  Leave

 

12.1      Annual Leave - Subject to the provisions of the Annual Holidays Act 1944, staff of the College shall be entitled to annual leave as follows:

 

12.1.1   Twenty working days annual leave per annum (which accrues at the rate of one and two-thirds working days per month), subject to each employee accruing not more than 30 working days annual leave.

 

12.1.2   Annual leave will be taken at a time and for a period agreed between the employee and the Director.

 

12.2      Extended Leave - Prior employees of the former Department of School Education and TAFE shall retain their extended leave, as appropriate, to credit as at the date of their appointment to Bradfield College.

 

Extended leave shall be granted to staff in accordance with the following:

 

12.2.1   for employees of the former Department of School Education, the Teaching Services Act 1980;

 

12.2.2   for all other employees, the Technical and Further Education Commission Act 1990.

 

12.3      Sick Leave -

 

12.3.1   Employees other than casual employees are entitled to sick leave at the rate of 15 working days paid sick leave per year, i.e., 1 January to 31 December.  The full annual entitlement is available from 1 January each year.  Sick leave will not accrue on a monthly basis.  The unused component of the annual entitlement is fully cumulative.

 

12.3.2   Employees of TAFE or the former Department of School Education who had an entitlement to cumulative sick leave on employment to Bradfield College shall retain such entitlement for use when required.

 

12.4      Family and Community Service Leave -

 

12.4.1   The Director may grant paid family and community service leave for the following purposes:

 

(i)         for reasons related to the family responsibilities of the employee; or

(ii)        for reasons related to the performance of community service by the employee; or

(iii)       for reasons of pressing necessity.

 

12.4.2   Quantum - The amount of family and community service leave available to a member of the staff of the College shall be:

 

(i)         during the first 12 months of service - three working days;

(ii)        after completion of 12 months service - six working days in any two year period; and

(iii)       after completion of two years service - nine working days in any three year period.

 

Where family and community service leave is exhausted, sick leave in accordance with subclause 12.5.1 may be used.

 

Where family and community service leave has been exhausted, additional such leave up to two days may be granted on a discrete "per occasion" basis on the death of a family member (as defined in subclause 12.5.2).

 

12.5      Personal Carer’s Leave -

 

12.5.1   A member of staff may use the available sick leave from the current year, plus any accumulated sick leave from the previous three years to provide care and support for family members when they are ill.  Such illness shall be supported, if required, by a medical certificate or a statutory declaration that the illness is such as to require the care of another person for a specific period.  The choice of medical certificate or statutory declaration is the staff member's.  Neither the medical certificate or statutory declaration is required to reveal the exact nature of the illness. Wherever practicable, prior notice of the intention to take leave should be given by a staff member.

 

12.5.2   The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)        the employee being responsible for the care of the person concerned; and

 

(b)        the person concerned being:

 

a spouse of the employee; or

 

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

 

a child or an adult (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

a relative of the employee who is a member of the same household where, for the purposes of this section:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"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.

 

A staff member shall, wherever practicable, give the College Director 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 staff member, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the staff member to give prior notice of absence, the staff member shall notify the College Director of such absence at the first opportunity on the day of absence.

 

12.5.3   Use of Other Leave - To care for an ill family member, a staff member may also use annual leave, extended leave or leave without pay with the consent of the Director.

 

12.5.4   Use of Time in Lieu - To care for an ill family member, a staff member may also, with the supervisor's consent, take time off in lieu as agreed on an hour-for-hour basis.

 

12.5.5   Use of Make-up Time - To care for an ill family member, a staff member may, with the supervisor's consent, elect to work "make-up time". This means the staff member takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours, at the ordinary rate of pay.

 

12.6      Other Leave - Employees, other than casual employees, shall be entitled to the following forms of leave in accordance with the policies published in the TAFE Commission Gazette, as amended from time to time:

 

Leave Type                                          TAFE Commission Gazette

 

Trade union activities                         No. 4 of 1993

Special leave                                        No. 4 of 1993

Maternity leave                                   No. 43 of 1994

Military leave                                       No. 26 of 1992

Adoption leave                                    No. 43 of 1994

Leave without pay                              No. 45 of 1994

Parental leave                                       No. 43 of 1994

Study leave                                          Nos. 31 and 36 of 1991,

No. 49 of 1992

 

13.  Permanent Part-time Employees

 

13.1      Where teachers are employed on a permanent part-time basis they shall be entitled to all conditions of a full-time employee on a pro rata basis as determined by the proportion of the full-time hours that they are required for duty.

 

14.  Casual Employees

 

14.1      Payment of casual employees will be in accordance with the provisions contained in the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award provided that payment will be made for approved hours of attendance.  Relevant rates are extracted and contained in Schedule 2 of Part B, Schedules of this award.

 

14.2      Department-approved casual teachers employed by the former Department of School Education who undertake casual teaching at Bradfield College will have this service recognised and accredited by the Department as service with the Department, on the basis that each six hours of paid attendance shall be equivalent to one day’s attendance at a school.

 

15.  Travelling Time and Travelling Expenses

 

15.1      The provisions of Schedule 12 Excess Travel and Compensation for Travel on Official Business of the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award shall apply, except that the payment for travelling time and waiting time will be calculated using the following formula:

 

Annual Salary             x                        7           x           1           =  Hourly Rate

                                                                                                                  365                   35

 

16.  Transferred Officers Compensation

 

16.1      Prior employees of the Department or TAFE shall be entitled to the benefits of the Transferred Officers Compensation Determination (Education Commission Determination No. 132 or successor provision) when they, at the conclusion of their service at Bradfield College (provided that they have served a minimum of three years at the College), return to a position with the appropriate employer, provided that the employee’s term of engagement has been completed and the employee is not the subject of any disciplinary action.

 

16.2      Prior employees of the Department, or the previous Department of School Education, or TAFE who accept a promotion with their previous employer shall satisfy the requirements of a transferred officer under the Determination.

 

17.  Dispute Resolution Procedures

 

17.1      Subject to the provisions of the Industrial Relations Act 1996:

 

17.1.1   Should any dispute, question or difficulty arise concerning industrial matters occurring in a particular workplace, the staff member and/or Teachers Federation workplace representative shall raise the matter with the Director/Assistant Director as soon as practicable.

 

17.1.2   The Director/Assistant Director will discuss the matter with the staff member and/or Teachers Federation representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding. 

 

17.1.3   Should the procedures in 17.1.2 be unsuccessful in producing resolution of the dispute, question or difficulty, then the staff member and/or the Teachers Federation representative may raise the matter with an appropriate officer at institute level with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time for proceeding.

 

17.1.4   Where the procedures in 17.1.3 do not lead to resolution of the dispute, question or difficulty, the matter shall be referred to the General Manager of Personnel of the Department and the General Secretary of the Teachers Federation.  They or their nominees shall discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

17.2      Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

18.  Occupational Health and Safety

 

18.1      The parties acknowledge their obligations to create, maintain and promote a safe working environment in accordance with their obligations under the Occupational Health and Safety Act 1983 and other relevant occupational health and safety legislation.

 

18.2      Management of the College have an obligation to ensure that appropriate prevention and management systems are in place to effectively manage health and safety issues, including the provision of protective clothing and equipment, risk assessment, risk management and the provision of relevant training.

 

18.3      All staff are required to co-operate with management in the maintenance of a safe and healthy work environment.  Where staff have undertaken relevant training, they shall apply their training in the workplace.

 

19.  Educational Initiatives

 

19.1      The parties agree that, during the term of this award, they will work co-operatively to develop and implement agreed strategies aimed at improving the productivity of the College.

 

19.2      It is agreed that areas for development and implementation by the parties shall include, but shall not be limited to:

 

19.2.1   improving the technological literacy of employees of the College, including the best use of information systems and other related technology to facilitate delivery of educational services;

 

19.2.2   educational initiatives which generate commercial revenue will not reduce the resources directed towards improving student learning outcomes;

 

19.2.3   initiatives related to alternative modes of delivery.

 

20.  No Industrial Action and No Further Claims

 

20.1      Except as allowed by the Industrial Relations Act 1996, there shall be no industrial action and no further salaries or conditions claims by the parties prior to 31 December 2003 in relation to matters expressly contained in this award.

 

21.  Anti-Discrimination

 

21.1      It is the intention of the parties 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 and age.

 

21.2      It follows that in fulfilling their obligations under the dispute resolution procedures prescribed under clause 17, 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 shall 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.

 

21.3      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.

 

21.4      Nothing in this clause is to be taken to affect:

 

21.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

21.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

21.4.3   any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977; and

 

21.4.4   a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

21.5      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.

 

22.  Goods and Services Tax

 

22.1      The parties shall monitor the overall impact of the Commonwealth Government’s goods and services tax through the term of the award.  In the event that the Industrial Relations Commission makes a State decision (as defined by section 49 of the Industrial Relations Act 1996) having regard to the impact on wages of the goods and services tax, the Federation reserves the right to make application to the Industrial Relations Commission in relation to that decision.

 

23.  Industrial Rights

 

23.1      An accredited Teachers Federation representative at the College shall, upon notification thereof to the Director, be recognised as an accredited Teachers Federation representative.

 

23.2      An accredited Teachers Federation representative shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees.

 

23.3      An accredited Teachers Federation representative shall be allowed a reasonable period of time during working hours to interview a duly accredited Teachers Federation official.

 

24.  Area, Incidence and Duration

 

A.        This award applies to employees appointed to Bradfield College.

 

B.         This award rescinds and replaces the Bradfield College (Department of Education and Training) Salaries and Conditions (Interim) Award published 6 August 1999 (310 I.G. 304) as varied on and from 29 May 2001.

 

C.         This award shall take effect on and from 1 January 2001 and shall remain in force thereafter until 31 December 2003.

 

 

PART B

 

SCHEDULES

 

Schedule 1 - Annual Salaries

 

Classification

Salary as at

Salary as from

Salary as

Salary as from

Salary as

 

1.1.99 $

Date of Determination

from 1.7.01

1.7.02 4%

from 1.1.03

 

 

4% increase $

3% increase $

increase $

5% increase $

 

 

 

 

 

 

Teacher Level A

41,162

42,808

44,093

45,856

48,149

Teacher Level B

44,096

45,860

47,236

49,125

51,581

Teacher Level C

46,785

48,656

50,116

52,121

54,727

Teacher Level D

48,620

50,565

52,082

54,165

56,873

Teacher Level E

52,288

54,380

56,011

58,251

61,164

Teacher Level F

55,709

57,937

59,675

62,063

65,166

Learning Coordinator

61,435

63,892

65,809

68,442

71,864

Assistant Director

67,579

70,282

72,391

75,286

79,051

 

 

Schedule 2 - Hourly Rates for Part-time Casual Teachers and Co-ordinators

 

 

 

Hourly rate

Hourly rate as

Hourly rate as

Hourly rate as

Hourly rate

 

as at 1.7.98 $

from Date of

from 1.7.01

from 1.7.02

as from

 

 

Determination

3% increase $

4% increase $

1.1.03 5%

 

 

4% increase $

 

 

increase$

Teaching Duties

43.67

45.42

46.78

48.65

51.08

Co-ordination/

41.05

42.69

43.97

45.73

48.02

Consultancy Duties

 

 

 

 

 

Duties Other Than

34.48

35.86

36.93

38.41

40.33

Teaching (DOTT)

 

 

 

 

 

 

 

Schedule 3 - Allowance

 

 

Rate as at

Rate as from

Rate as from

Rate as from

Rate as

 

30.6.99 p.a. $

Date of Determination 4% increase p.a. $

1.7.01 3% increase p.a. $

1.7.02 4% increase p.a. $

from 1.1.035% increase p.a. $

 

 

 

 

 

 

Team Leader Allowance

2,500

2,600

2,678

2,785

2,924

 

 

R. W. HARRISON  D.P.

 

 

                                                                                                                              

 

 

 

Printed by the authority of the Industrial Registrar.

 

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