TEACHERS NON-GOVERNMENT (ENGLISH COLLEGES)
(STATE) AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The New
South Wales Independent Education Union, an industrial organisation of employees
and Employers First, an organisation of employers and a State Peak Council for
Employers.
(No. IRC 4201 of 2001 and 2611 of 2002)
Before Mr Deputy
President Grayson
|
9 May 2003
|
AWARD
Part a
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Rates of
Pay
4. Classification
Disputes
5. Public
Holidays
6. Annual
Holidays
7. Annual
Leave Loading
8. Long
Service Leave
9. Lunch
Period
10. Union
Representatives
11. Sick Leave
12. Personal/Carer’s
Leave
13. Other
Leave
14. Terms of
Engagement and Information to be Provided to Teachers
15. Induction
16. Redundancy
17. Superannuation
18. Anti
Discrimination
19 Savings
Clause
20. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates
of Pay
Table 2 - Other
Rates and Allowances
Schedule A
Schedule B
Schedule C
2. Definitions
For the purpose of this award:
(a) "Bachelor's
Degree" means the degree of Bachelor conferred by a recognised university
or college of advanced education.
(b) "Casual
teacher" means:
(i) a short-term
casual teacher who is a teacher engaged by the hour or the day as required by
the college for less than four weeks; and
(ii) an extended
casual teacher who is a teacher engaged by the hour or the day as required by
the college for not less than four weeks and not more than 52 weeks.
(c) "College"
means a non-government college, the principal purpose of which is to teach
English or which offers a course or courses (among others) of at least five
hours instruction per week in English to adult students whose first language is
other than English.
(d) "Diploma
of Education" means a Diploma of Education conferred by a recognised
university or recognised college of advanced education.
(e) "Diploma
of Teaching" means a Diploma of Teaching conferred on completing a
three-year full-time course or equivalent course by a recognised university,
college of advanced education or teachers college.
(f) "ELICOS
Association" means the unincorporated association known as ELICOS
Association or any incorporated successor to that body.
(g) "Equivalent
experience" means experience which the college and the teacher agree is
equivalent to experience prescribed by this award or is determined as being
equivalent in accordance with clause 4, Classification Disputes.
(h) "Equivalent
qualification" means a qualification obtained in Australia or overseas
which the employer and employee agree as being equivalent to a qualification
prescribed by this award or is determined as being equivalent in accordance
with clause 4, Classification Disputes.
(i) "Full-time
teacher" means any teacher other than a casual or part-time teacher.
(j) "Higher
degree" means a Doctorate or the degree of Master conferred by a
recognised university or college of advanced education.
(k) "IEU"
means the New South Wales Independent Education Union.
(l) "Part-time
teacher" means a teacher who is engaged to work regularly, but has a
lesser teaching load than a full-time teacher at the college.
(m) "Proportional
calculation" means the teaching load allocated to a part-time teacher at
an institution as a proportion of the teaching load usually allocated to a
full-time teacher at the same institution.
(n) "Recognised
college of advanced education" means an Australian college of advanced
education which is recognised as such by any law of a State, Territory or
Commonwealth.
(o) "Recognised
teachers college" means a teachers education institution, whether or not
incorporated as a college of advanced education or contained within a college
of advanced education which is recognised as such by any law of a State,
Territory or Commonwealth.
(p) "Recognised
university" means an Australian university which is recognised by any law
of a State, Territory or Commonwealth.
(q) "Relevant
institution" means a college which is accredited by the relevant State or
Federal authority to provide TESOL courses to adult students, a Technical and
Further Education college, the Adult Migrant Education Service, a university or
college of advanced education or any other institution conducting an equivalent
course in TESOL or modern languages.
(r) "Sessional
teacher" means a teacher employed to work full-time or part-time for a
specified period or periods of not less than four weeks in one engagement and
not more than 40 weeks in any year.
(s) "School"
means a school certified or registered as such under the provisions of the
relevant legislation in any State or Territory.
(t) "Teach
English" means to teach English to adult students whose first language is
other than English.
(u) "Teacher"
means a person employed as such to teach English or to perform other related
academic duties but does not include the Principal or Director of Studies at a
college.
(v) "TESOL"
means teaching English to speakers of other languages and includes TEFL
(teaching English as a foreign language) and TESL (teaching English as a second
language).
(w) "Teaching
load" means face-to-face teaching, supervision of self access classes and
any other duties which may be allocated in substitution for face to face
teaching.
3.
Rates of Pay
3.1 Calculation of
Annual Salary
(a) The minimum
annual rate of salary payable to full-time teachers shall be determined having
regard to the teacher's qualification and experience as established by the
points with which the teacher is entitled to be credited under this clause.
(b) The salary
scale is set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(c) If an employer
does not accept (fully or in part) the qualifications or experience of a
teacher, the employer shall advise the teacher which qualifications or
experience are not accepted (or the extent to which they are not accepted).
3.2 Qualifications
(a) The points for
qualifications are:
Table 1
Qualification
|
Points
|
Higher degree in Applied Linguistics or TESOL
|
10
|
Higher degree in Education or Modern Languages
|
7
|
Diploma of Teaching
|
6
|
Bachelor's Degree or higher degree in subjects other than
those set out above
|
5
|
Provided that a teacher with a Diploma of Teaching who
subsequently obtains a Bachelor's Degree or higher degree in subjects other
than those set out above shall be credited with eight points.
Table 2
Qualification
|
Points
|
Graduate Diploma in a TESOL course set out in Schedule A
to this award
|
10
|
Diploma in a TESOL course set out in Schedule B to this
award
|
10
|
Certificate in a TESOL course set out in Schedule C to
this award
|
6
|
Table 3
Qualification
|
Points
|
Diploma of Education (where a teacher also holds a Diploma
of Teaching
|
|
the points in Table 3 shall not be credited).
|
3
|
(b) Points are
credited for the qualification attracting the highest number of points within a
table. The points within a table are
not cumulative.
(c) The academic
qualifications referred to in this clause shall include equivalent
qualifications.
(d) A teacher who
is a graduate in education (four-year course) shall be entitled to be credited
with eight points provided the teacher shall not be entitled to accumulate
further points from Table 1 or Table 3.
If the teacher subsequently obtains a higher degree, the teacher shall
be entitled to the points for that degree and a further three points.
3.3 Experience
(a) The points for
teaching experience are:
Teaching in
|
Teaching ESL to
|
Teaching
|
Teaching ESL
|
Teaching
|
schools
|
primary students
|
Modern
|
to secondary
|
EFL/ESL to
|
or relevant
|
in schools
|
Languages
|
students in
|
adults in a
|
institutions other
|
|
to secondary
|
schools
|
relevant
|
than as set out
|
|
students in
|
|
institution
|
in other columns
|
|
schools
|
|
|
On completion of:
6 months
|
-
|
-
|
-
|
-
|
5
|
1 year
|
1
|
2
|
4
|
6
|
10
|
2 years
|
3
|
4
|
6
|
9
|
15
|
3 years
|
4
|
6
|
8
|
12
|
20
|
4 years
|
5
|
8
|
10
|
15
|
25
|
5 years
|
5
|
8
|
10
|
15
|
30
|
6 years
|
5
|
8
|
10
|
15
|
35
|
7 years
|
5
|
8
|
10
|
15
|
40
|
(b) Teaching experience
means full-time teaching in a school or other relevant institution in Australia
to classes of not less than five students.
Where a teacher has taught the relevant subject for less than the number
of hours normally required to be taught by a full-time teacher at the same
institution, points shall be credited by applying the proportional calculation.
(c) Where a
full-time or part-time teacher has worked for less than the number of weeks
normally required to be worked by a full-time teacher at the same institution
over a 12-month period, that teacher shall be credited with points for
experience in the proportion that the weeks worked by that teacher bears to the
number of weeks normally required to be worked by a full-time teacher at the
same institution.
(d) For the
purpose only of calculating the service of a casual teacher and no other the
following shall apply:
(i) for service
at a school or relevant institution (other than a college), the teacher shall
accrue points based on the number of full days or equivalent thereof the
teacher has taught compared to the number of days normally required to be
worked by a full-time teacher at the same institution in a year;
(ii) for service
at a college the teacher shall accrue points as follows:
(A) Each daily
engagement shall be calculated as one day;
(B) Where a casual
teacher is engaged by the hour, every five hours shall be deemed to constitute
one day; and
(C) Every 110 days
on which a casual teacher has been engaged for a day or deemed day shall be
deemed to constitute six months' service.
(e) The maximum
number of points that may be awarded is 40.
The maximum number of points that may be awarded for teaching experience
other than adult EFL or ESL is 15.
(f) The
experience referred to in this clause shall include equivalent experience.
(g)
(i) Five points
shall be deducted from the experience table for every two years' continuous
absence from teaching at a school or relevant institution up to a maximum of
half the points which the teacher had accumulated for experience rounded where
necessary to the next highest whole figure.
(ii) For the
purposes of this provision, a teacher shall be taken to have been absent in a
year if the teacher has been engaged as a teacher for less than 40 hours in that
year.
(h) Upon a teacher
achieving further experience or qualifications which entitle that teacher to an
increase in salary, such increase shall be calculated on and from the first pay
period after the date the results of the course are announced or the relevant
experience was obtained.
3.4 Positions of
Special Responsibility
(a) Head Teacher
A teacher who acts as a deputy to the Director of
Studies and who has responsibility for the supervision and the administration of
course programmes for at least 150 students at one location shall be paid an
additional allowance set in Item 1 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, in addition to the teacher's normal salary.
(b) Senior Teacher
A teacher who has responsibility for the supervision,
co-ordination and administration of a course or programme as defined by the
director or the principal shall be paid an allowance set in Item 2 of the said
Table 2 in addition to the teacher's normal salary.
3.5 Part-time
Teacher
A part-time teacher shall be paid at the same rate as a
full-time teacher with the corresponding classification calculated in
accordance with the proportional calculation and shall be entitled to all
conditions on a pro-rata basis.
3.6 Casual
Teachers
(a) A casual
teacher shall be paid by reference to a daily rate except where the teacher
agrees to be paid an hourly rate.
(b) A casual
teacher shall be paid as set out in Table 1 - Rates of Pay, of Part B, Monetary
Rates. Except that the maximum step on
which a short term casual should be paid is Step 7 (35 points).
(c) The
calculation of daily rates for casual teachers is as follows:
Pay =
|
Applicable
Salary
|
+ 20 per cent
|
|
261
|
|
(d) The above rates
include the pro-rata payment in respect of annual holidays to which the teacher
is entitled under the Annual Holidays Act
1944.
(e) A casual
teacher engaged by the hour shall be paid in respect of each hour of attendance
at the college other than for timetabled tea and lunch breaks, provided not
more than 15 minutes per day shall be deducted for tea breaks. For each hour so engaged a casual teacher
shall be entitled to an additional 15 minutes paid time in consideration of
preparation time and other non-scheduled teaching duties. A casual teacher and shall be paid for a
minimum of two hours for each engagement.
(f) For the
purpose only of determining the adjustment of hourly rates, where the
Industrial Commission of New South Wales in State Wage Cases increases rates by
a flat amount, the flat amount awarded shall be divided by 25 and added to the
hourly rate then existing.
(g) If a
short-term casual teacher is employed as a casual teacher by a college for a
continuous period of service of four weeks or more, that teacher shall be
classified as an extended casual teacher and must be paid as such from the
commencement of the continuous period of service as a casual teacher.
(h) If a sessional
teacher remains in continuous service with a college after that teacher's
sessional appointment expires, in the absence of evidence of agreement to the
contrary, that teacher shall be classified as an extended casual teacher from
the date the sessional appointment expires.
(i) If a
sessional teacher remains in continuous service with a college after that
teacher's sessional appointment expires and is appointed as a short-term casual
teacher, then the ceiling on salary level imposed under paragraph (b) of
subclause 3.6 of this clause shall not apply.
3.7 Sessional
Teachers
(a) A sessional
teacher shall be paid at the same rate as that prescribed for a full-time
teacher or part-time teacher, as the case may be, with corresponding
qualifications, experience and teaching load.
(b) A sessional teacher
shall be entitled to the same conditions as a full-time or part-time teacher,
whichever is applicable.
3.8 Continuous
Service
(a) One or more
engagements of a casual or sessional teacher with a college shall be deemed to
be continuous unless more than six days elapse between those engagements
provided that any engagement within that six-day period which is only to
provide relief teaching for a specific purpose shall be disregarded for the
purposes of determining continuity.
(b) When more than
six days elapse between engagements, such engagements shall not be regarded as
continuous.
4. Classification Disputes
4.1 The following
procedure shall be adopted where an issue arises from the recognition, or lack
thereof, of a teacher’s qualifications and/or experience (See also paragraph
(c) of subclause 3.1 of clause 3, Rates of Pay, and paragraph (b) of subclause
14.1 of clause 14, Terms Of Engagement and Information to be Provided to
Teachers.) Whilst the procedures are
being followed, the provisional classification pursuant to paragraph (c) of the
said subclause 14.1 shall apply.
4.2 Where a
teacher does not agree with the classification as set out in the letter of
appointment pursuant to the said subclause 14.1, the teacher shall provide to
the college evidence of all qualifications and/or experience they seek to be
recognised by the college for the purposes of classification.
4.3 The college,
upon receipt of such evidence, shall make a fresh determination of the
teacher’s classification. If any qualifications
and/or experience are not recognised by the college as being appropriate in
determining the teacher’s classification, the college shall provide, in writing
and within 14 days, reasons why such qualifications and/or experience are not
recognised.
4.4 If the teacher
is still dissatisfied with the classification, the matter may be referred to
the Industrial Relations Commission of New South Wales as a dispute
notification pursuant to section 130 of the Act.
4.5 At all stages
of the Classification Dispute procedure, a teacher may be represented by the
IEU and the college may be represented by an industrial organisation of
employers.
4.6 When resolving
disputes regarding the determination of "equivalent experience" as
defined, the parties to the dispute and/or the Commission:
(a) shall not have
regarding to any TESOL experience at institutions which are not accredited by
any Government or by and professional body of TESOL institutions where such
accreditation is available.
(b) shall have
regard to the standard of education of the TESOL institution at the relevant
time and may consider:
(i) the
qualifications of teachers at the institution;
(ii) the range and
level of courses offered at the
institution;
(iii) the compliance
of that institution with any relevant professional standards, guidelines,
regulations or codes applicable to TESOL institutions generally in that
location.
4.7 When resolving
disputes regarding the determination of "equivalent experience" as defined
and/or "equivalent qualifications" as defined, the parties to the
dispute and/or the Commission must have regard to the evidence of persons who
are recognized by the parties as being widely experienced in the teaching of
English.
4.8 At all times
the parties to the dispute and/or the Commission shall have due regard to the
need to establish and maintain proper professional standards of teaching at
colleges in New South Wales.
4.9 The parties to
the award undertake to review the operation of this clause over the life of the
award.
5. Public Holidays
5.1 No teacher,
other than a casual teacher, may be required to work on New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day and Boxing Day, the first Monday in
August (or such other day as agreed between tan employer and the majority of
teachers affected) and any other day gazetted as a public holiday for the State
(collectively referred to as public holidays).
5.2 No deduction
shall be made from the wages of full-time, part-time or sessional teachers for
the days on which public holidays fall.
A part-time teacher shall only be paid in respect of those public
holidays on which that teacher ordinarily would have been required to work.
6.
Annual Holidays
The provisions of the Annual
Holidays Act 1944 (the Act) shall apply as a minimum standard.
7. Annual Leave
Loading
7.1 Before a
teacher is given and takes annual holidays or when by agreement between the
employer and the teacher the annual holiday is given and taken in more than one
separate period, then, before each of such separate periods, the employer shall
pay the teacher a loading determined in accordance with this clause.
7.2 The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the teacher under the Act.
7.3 The loading is
to be calculated in relation to any period of annual holiday to which a teacher
becomes entitled or, where such a holiday is given and taken in separate
periods, then in relation to each such period.
7.4 The loading is
an amount payable for the period or the separate periods as the case may be of
17 1/2 per cent of the weekly rate of pay prescribed from time to time by this
award and to which the teacher was entitled immediately before commencing the
annual holiday.
7.5 No loading is
payable to a teacher who takes an annual holiday wholly or partly in advance,
provided that, if the employment of such a teacher continues until the day when
the teacher would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 7.4 of this clause, applying the
weekly rate of pay applicable to the teacher, on that day.
7.6 Where in
accordance with the Act a college or part of it is temporarily closed down for
the purpose of giving an annual holiday or leave without pay to the teacher
concerned:
(a) the teacher
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause 7.4 of this clause;
(b) a teacher who
is not entitled under the Act to an annual holiday and who is given and takes leave
without pay shall be paid in addition to the amount payable to the teacher
under the Act such proportion of the loading that would have been payable to
the teacher under this clause if the teacher had become entitled to an annual
holiday prior to the close-down as the teacher's qualifying period of
employment in completed weeks bears to 52.
7.7
(a) When the
employment of a teacher is terminated by the employer for a cause other than
misconduct and at the time of termination the teacher has not been given and
has not taken the whole of an annual holiday to which the teacher was entitled
the teacher shall be paid a loading calculated in accordance with subclause
7.4of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of a teacher's employment.
8.
Long Service Leave
The provisions of the Long
Service Leave Act 1955 apply.
9.
Lunch Period
A full-time teacher shall be entitled to a minimum of 30
consecutive minutes per working day as a lunch break, during which time the
teacher shall not be required to hold meetings, supervise students or undertake
any other activity.
10.
Union Representatives
10.1 For the
purposes of this clause, a union representative shall mean a representative of
the union employed as a teacher by the college.
10.2 The college
shall permit the union representative in the workplace to post union notices
relating to the holding of meetings on a notice board nominated by the college and
reasonably accessible to teachers employed by the college.
10.3 The union
representative shall be permitted in working hours (other than timetabled
teaching time) to interview on union business a representative of the college
nominated for that purpose by the college.
Such interview shall take place at a time and place convenient to both
parties.
10.4 Meetings of
union members who are employed at the college may be held on the college
premises at reasonable times outside timetabled teaching hours and at places
reasonably convenient to both union members and the college.
11.
Sick Leave
11.1 Quantum
(a) Full-time
teachers shall be entitled to paid sick leave of ten days per annum.
(b) Sessional
teachers shall be entitled to paid sick leave in proportion to the total period
his or her appointment (excluding any holidays) bears to the number of weeks
usually worked by a teacher at the college.
11.2 Other than in
respect of the first two days sick leave in any year, a teacher shall, upon
request, provide a medical certificate or statutory declaration to the college
setting out the nature of the illness and its duration.
11.3 Workers
Compensation
(a) Subject to
paragraph (b) of this subclause, a teacher shall not be entitled to sick leave
for any period in respect of which such teacher is entitled to workers'
compensation.
(b) Where the
amount payable by way of workers' compensation is less than the salary which
would otherwise be payable to the teacher, the college shall make up the
shortfall in salary out of sick leave due to that teacher, if any, and debit
sick leave owing to the teacher by that amount.
11.4 Accumulation
Untaken sick leave in any year shall accumulate for up
to two years to a maximum of 20 days.
Sick leave which accrues to a teacher at the commencement of a year of
service shall be taken prior to leave which a teacher has accumulated.
11.5 Accumulation in
accordance with subclause 11.4 of this clause shall commence in respect of
years of service completed after 1 January 1990. Service before 1 January 1989 shall not be taken into account in
determining sick leave entitlements under this clause, provided teachers shall
retain sick leave accumulated pursuant to their contract of employment prior to
the introduction of this award, if any.
12.
Personal/Carer’s Leave
12.1 Use of Sick
Leave
(a) An employee, other than a causal
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care
and support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlements, provided for in clause 11, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee 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. In normal circumstances, an employee must
not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) 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
(c) a child or an adult child (including an
adopted child, a stepchild, a foster child or an ex nuptial child), parent
(including foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person
related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household" means a family
group living in the same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer 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
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
12.2 Unpaid Leave for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause 12.1 of this clause who is ill.
12.3 Annual Leave
(a) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) An employee and employer 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.
12.4 Time Off in Lieu of Payment for Overtime
(a) An employee may elect, with the consent
of the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is, an hour
for each hour worked.
(c) If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason, payment for time accrued at overtime rates shall be made at
the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
12.5 Make-up Time
(a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee 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.
(b) An employee on shift work may elect,
with the consent of the employer, to work "make-up time" (under which
the employee takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
13. Other Leave
13.1 Paternity Leave
A teacher shall be entitled to one day's leave with pay
on the day of his wife's confinement or on the day on which his wife leaves
hospital following her confinement.
Wife includes de facto wife.
13.2 Adoption Leave
A teacher shall be entitled to one day's leave with pay
for the purpose of adopting a child.
13.3 Bereavement
Leave
(a) A teacher
shall, on the death of a spouse (whether de facto or de jure), father, mother,
brother, sister, child or stepchild of the teacher, be entitled to two days'
paid leave and one day's unpaid leave, such leave to be taken within seven days
of the death or the funeral of such relative.
A teacher shall, on the death of a father-in-law, mother-in-law,
grandparent or grandchild of the teacher, be entitled to one day's paid leave
and two days' unpaid leave, such leave to be taken within seven days of the
death or the funeral of such relative.
(b) Upon request
by the college, a teacher shall provide the college with satisfactory evidence
of such death and the relationship of the deceased to the teacher.
(c) Bereavement
leave shall be available to the employee in respect of the death of a member of
the employee's immediate family or household, as defined in clause 12,
Personal/Carer's Leave.
(d) A teacher
shall not be entitled to bereavement leave under this subclause during any
period in respect of which the teacher has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
12.1 and 12.2 of the said clause 12. In
determining such a request, the employer will give consideration to the
circumstances of the teacher and the reasonable operation requirements of the
college.
13.4 Examination and
Study Leave
(a) Any teacher who,
for the purposes of furthering his or her teacher training, enrols in any
course approved by the college shall be granted leave:
(i) with pay on
the day of any examination required in the course;
(ii) without pay
for the purpose of attending any compulsory residential school which is a part
of such course.
(b) Upon request,
the college may entertain requests from teachers for time off with or without
pay for attendances at off-premises courses, seminars or meetings; and payment
of fees for programmes which will greatly benefit the college.
13.5 Maternity Leave
See Industrial
Relations Act 1996.
13.6 Jury Duty
A teacher required to attend for jury service for any
period up to a maximum of 20 working days shall be reimbursed by the college an
amount equal to the difference between the amount paid in respect of his or her
attendance for such service and the wage he or she would have received if he or
she had not been on jury service.
14.
Terms of Engagement and Information to be Provided to Teachers
14.1
(a) A college
shall provide a teacher other than a short-term casual teacher on appointment
with a letter stating, inter alia, the teacher's classification and rate of
salary as at appointment, the normal hours that will be required and entitlements
to superannuation (and related obligations of the teacher) pursuant to clause
17, Superannuation.
In the case of a sessional teacher and an extended
casual teacher, the letter shall also state the length of engagement.
(b) The letter of
appointment shall state that, if a teacher considers his or her classification
is incorrect on the basis of the credit being given for qualifications or
experience, the teacher may have the matter dealt with under the procedures
outlined in clause 4, Classifications Disputes, of this award. A college also has an obligation under
paragraph (c) of subclause 3.1 of clause 3, Rates of Pay.
(c) Without
prejudice to the college or to the teacher's entitlement pursuant to the said
clause 4, a college may make a provisional classification.
14.2
(a) Subject to
subclause 14.4 of this clause, the employment of a teacher, other than a casual
teacher, shall not be terminated without at least four weeks' notice on either side
or the payment of or forfeiture of four weeks' salary in lieu of notice.
(b) Subject to
subclause 14.4 of this clause, the employment of any extended casual teacher
shall not be terminated without:
(i) in the case
of continuous service of not less than four weeks and up to eight weeks, at
least one week's notice on either side or the payment of or forfeiture of one
week's salary in lieu of notice; and
(ii) in the case
of continuous service of more than eight weeks, at least two weeks' notice on
either side or the payment of or forfeiture of two weeks' salary in lieu of
notice.
Provided that, for the purpose of this clause,
continuous service shall only include casual engagements.
14.3 Where a course
which was previously scheduled to be held by a college has had to be cancelled
because of the failure of students to attend or signifying they will fail to
attend or the college is otherwise made aware the course will be
under-subscribed and therefore have to be cancelled, and such advice was given
or information received less than four weeks before the course was due to be
held, a period of not less than two weeks' notice of termination of employment
of a teacher shall be given.
14.4 The foregoing
shall not affect the right of the college to dismiss summarily any teacher for
incompetence, misrepresentation, neglect of duty or other misconduct.
14.5 Upon the
termination of service of a teacher other than a short-term casual teacher, the
college shall provide a general statement of service setting out the length of
service and range of subjects taught, any position of special responsibility
held and any special duties performed by the teacher.
Upon request, a short-term casual teacher shall be
provided with a statement of the hours or days, as the case may be, that the
teacher has been engaged, provided that, where a short-term casual teacher is
being engaged regularly by the same college, such request only shall be made at
reasonable intervals.
14.6 Dispute
Procedure
(a) A college
shall adopt disputes procedures to deal with problems in performance of a
teacher of his or her professional duties.
In general, such procedure should include the following
elements:
(i) the teacher
is informed verbally or in writing, as appropriate, of any complaints about, or
problems relating to, the performance of his or her duties; and
(ii) the teacher
is assisted to rectify such problems within a specified reasonable timeframe.
(b) Any grievance or
dispute which arises shall, wherever possible, be settled by discussion at the
workplace level between the teacher or teachers (as the case may be) and the
employer. If no agreement is reached
between the teacher (or teachers) and the employer, the teacher may request the
New South Wales Independent Teachers Association to discuss the dispute with
the employer or nominated representative of the employer.
(c) Nothing in
this clause shall remove the right of a teacher or employer to refer a dispute
to the Industrial Commission of New South Wales pursuant to the Industrial Relations Act 1996. However, the parties agree that, wherever
possible, such notification shall not occur until the procedures in paragraph
(b) of this subclause have been exhausted.
(d) If a dispute
arises from the recognition of a teacher’s qualification or experience, the
procedure to be adopted shall be as set out in clause 4, Classification
Disputes.
14.7 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
14.8 Use of
Materials
A teacher shall be entitled to retain for his or her
personal use copies of material prepared in the course of employment where such
material was prepared by the teacher for use only with that teacher's class.
15.
Induction
A teacher in his or her first year of employment at a
college shall participate in an induction process.
The induction process shall be determined by the employer or
the Director of Studies to familiarise the teacher with the policies,
procedures and facilities of the college.
16.
Redundancy
16.1
(a) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by this award.
(b) Notwithstanding
anything contained elsewhere in this award, the provisions of this clause shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(c) This clause shall
not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty or, in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
(d) The provision
of this clause shall only apply to employers who employ 15 or more employees
immediately prior to the termination of employment of employees.
16.2. Employer’s
Duty to Notify and Discuss
16.2.1 Where
the College has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer shall notify the employees
who may be affected by the proposed changes and the union to which they belong.
16.2.2 The
College shall discuss with the employees affected and the union to which they
belong the introduction of such changes and the likely effect on the employees
and the measures taken to avert or mitigate the adverse effects of such
changes.
16.2.3 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
16.3. Discussions
before Terminations
16.3.1 Where
the College has made a definite decision that it no longer wishes the job the
employee has been doing to be done by anyone and that decision may lead to the
termination of employment, the College shall hold discussions with the
employees directly affected and with the union to which they belong.
16.3.2 The
discussions shall take place as soon as is practicable after the College has
made a definite decision which will invoke the provision of subclause 16.2 of
this clause and shall cover, among other matters, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
16.3.3 For
the purposes of the discussion the College shall, as soon as practicable,
provide to the employees concerned and the union to which they belong all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of employees
normally employed and the period over which the terminations are likely
to be carried out. Provided that the
College shall not be required to disclose confidential information the
disclosure of which would adversely affect it.
16.4. Notice for Changes in Production, Program,
Organisation or Structure
16.4.1 This
subclause sets out the notice provisions to be applied to terminations by the
College for reasons arising from "production", "program",
"organisation" or "structure" in accordance with subclause
16.2 of this clause.
(a) In order to
terminate the employment of an employee, the College shall give to the employee
notice as set out in subclause 14.4 of clause 14, Terms of Engagement and
Information to be Provided to Teachers.
In addition, employees over 45 years of age at the time
of the giving of the notice with five years' or more continuous service shall
be entitled to an additional week’s notice.
(b) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
16.4.2 Notice
for Technological Change
This paragraph sets out the notice provisions to be
applied to terminations by the College for reasons arising from ‘technology’ in
accordance with subclause 16.2 of this clause.
(a) In order to
terminate the employment of an employee, the College shall give to the employee
three months' notice of termination.
(b) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944 or any Act amending or replacing either of these Acts.
16.4.3 Time
Off During the Notice Period
(a) During the
period of notice of termination given by the College, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
16.4.4 Employee
Leaving During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the College until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
16.4.5 Statement
of Employment
The College shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
16.4.6 Notice
to Commonwealth Employment Service
Where a decision has been made to terminate employees, the
College shall notify the Commonwealth Employment Service thereof as soon as
possible, giving relevant information, including the number and categories of
the employees likely to be affected and the period over which the terminations
are intended to be carried out.
16.4.7 Department
of Social Security Employment Separation Certificate
The College shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by the Department of
Social Security.
16.4.8 Transfer
to Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subclause 16.2 of this clause, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee’s employment had been terminated and the
College may, at the College’s option, make payment in lieu thereof of an amount
equal to the difference between the former ordinary-time rate of pay and the
new ordinary time rate for the number of weeks of notice still owing.
16.5. Severance
Pay
16.5.1 Where
an employee is to be terminated pursuant to subclause 16.4 of this clause,
subject to further order of the Industrial Relations Commission of New South
Wales the College shall pay the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and
over entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Week's
Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
over-award payments, shift penalties and allowances provided for in the
relevant award.
16.5.2 Incapacity
to Pay
Subject to an application by the College and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph 16.5.1 of this subclause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in the said paragraph 16.5.1 will have on the employer.
16.5.3 Alternative
Employment
Subject to an application by the College and further
order of the Industrial Relations Commission, the College may pay a lesser
amount (or no amount) of severance pay than that contained in the said
paragraph 16.5.1 if the College obtains acceptable alternative employment for
an employee.
17.
Superannuation
(i) The subject
of the superannuation contributions is dealt with extensively by legislation,
including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993.
The legislation, as varied from time to time, governs the superannuation
rights and obligations of the parties.
(ii) Subject to
the requirements of the legislation set out in subclause (i) of this clause,
superannuation contributions may be made to:
(a) Non Government
Schools Superannuation Fund; or
(b) any other
complying fund.
18.
Anti-Discrimination
18.1 It is the
intention of the parties bound by this award to seek to achieve the objective
of 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.
18.2 It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, parties have obligations to take all reasonable steps
to ensure that the operations 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.
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for 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 on any State or
Federal jurisdiction.
18.5 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 this 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.”
19.
Savings Clause
Nothing in this award shall be deemed or construed to reduce
the remuneration or conditions of a teacher employed as such prior to the date
of operation of this award.
20.
Area, Incidence and Duration
This award rescinds and replaces the Teachers
(Non-Government English Colleges) (State) Award published 25 August 2000 (318
I.G. 1) and all variations thereof.
It shall apply to all persons employed as teachers by or in
a college as defined, provided that the award shall not apply to teachers
employed in any recognised school or special school registered under the
provisions of the Education Act 1990.
The award shall have effect from 9 May 2003 and remain in
force for a period of three years.
(Notation: Some teachers are employed by a college, as
defined, which is located within a university or college of advanced
education. In such a case, the award
will apply to the college but would not apply to employees of the university or
college of advanced education.)
PART B
MONETARY RATES
Table 1 - Rates of Pay
(A)
Step
|
Points
|
Effective from
|
Effective from
|
Effective from
|
Effective from
|
|
|
9/5/03
|
9/11/03
|
9/5/04
|
9/11/04
|
|
|
(3%)
|
(3%)
|
(4%)
|
(4%)
|
|
|
$
|
$
|
$
|
$
|
0
|
0
|
32,198
|
33,164
|
34,490
|
35,870
|
1
|
5
|
32,838
|
33,823
|
35,177
|
36,584
|
2
|
10
|
34,332
|
35,362
|
36,775
|
38,247
|
3
|
15
|
36,197
|
37,283
|
38,774
|
40,326
|
4
|
20
|
38,062
|
39,204
|
40,772
|
42,402
|
5
|
25
|
39,926
|
41,124
|
42,769
|
44,479
|
6
|
30
|
41,793
|
43,047
|
44,769
|
46,560
|
7
|
35
|
43,658
|
44,967
|
46,766
|
48,637
|
8
|
40
|
45,522
|
46,888
|
48,763
|
50,714
|
9
|
45
|
47,386
|
48,808
|
50,760
|
52,790
|
10
|
50
|
49,254
|
50,731
|
52,760
|
54,871
|
11
|
55
|
51,500
|
53,045
|
55,167
|
57,373
|
(B) The rates of pay
for casual teachers are set down in the following table:
|
Effective from
|
Effective from
|
Effective from
|
Effective from
|
|
9/5/03
|
9/11/03
|
9/5/04
|
9/11/04
|
Step
|
Points
|
Daily
|
Hourly
|
Daily
|
Hourly
|
Daily
|
Hourly
|
Daily
|
Hourly
|
|
|
Rate
|
Rate
|
Rate
|
Rate
|
Rate
|
Rate
|
Rate
|
Rate
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
0
|
0
|
148.04
|
27.79
|
152.48
|
28.62
|
158.58
|
29.77
|
164.92
|
30.96
|
1
|
5
|
150.98
|
29.14
|
155.51
|
30.01
|
161.73
|
31.21
|
168.20
|
32.46
|
2
|
10
|
157.85
|
31.57
|
162.58
|
32.52
|
169.09
|
33.82
|
175.85
|
35.17
|
3
|
15
|
166.42
|
33.29
|
171.42
|
34.29
|
178.27
|
35.66
|
185.40
|
37.09
|
4
|
20
|
175.00
|
35.00
|
180.25
|
36.05
|
187.46
|
37.49
|
194.95
|
38.99
|
5
|
25
|
183.57
|
36.71
|
189.07
|
37.81
|
196.64
|
39.32
|
204.50
|
40.90
|
6
|
30
|
192.15
|
38.43
|
197.92
|
39.58
|
205.83
|
41.17
|
214.07
|
42.81
|
7
|
35
|
200.72
|
40.15
|
206.75
|
41.35
|
215.02
|
43.01
|
223.62
|
44.73
|
8
|
40
|
209.30
|
41.86
|
215.57
|
43.11
|
224.20
|
44.84
|
233.17
|
46.63
|
9
|
45
|
217.87
|
43.57
|
224.40
|
44.88
|
233.38
|
46.67
|
242.71
|
48.54
|
10
|
50
|
226.45
|
45.29
|
233.25
|
46.65
|
242.58
|
48.51
|
252.28
|
50.45
|
11
|
55
|
236.78
|
47.36
|
243.89
|
48.78
|
253.64
|
50.73
|
263.79
|
52.76
|
Table 2 - Other Rates And Allowances
Item
|
Clause
|
Brief
|
Effective from
|
Effective from
|
Effective from
|
Effective from
|
No.
|
No
|
Description
|
9/5/03
|
9/11/03
|
9/5/04
|
9/11/04
|
|
|
|
$
|
$
|
$
|
$
|
1
|
3.4(a)
|
Head Teacher
|
4,014
|
4,134
|
4,299
|
4,471
|
2
|
3.4(b)
|
Senior Teacher
|
2,005
|
2,065
|
2,148
|
2,234
|
SCHEDULE A
Graduate Diploma in TESOL course:
Graduate Diploma in
TESOL (Adult Strand)
|
Institute of Technical
& Teacher Education, Sydney CAE
|
The above are of the relevant academic and educational
standard and are postgraduate qualifications in TESOL of one year full-time or
equivalent which include components of supervised teaching practice and class
observation.
SCHEDULE B
Diploma in TEFL or TESL course:
RSA Diploma in TEFLA
|
Australian College of English Institute of Technical
|
|
& Teacher Education, Sydney CAE
|
|
|
ACL Diploma in Adult TESOL
|
Australian Centre for Languages
|
|
|
RSA Diploma in TESL (FACE scheme)
|
Brisbane Immigrant Education Centre Western
|
|
Australian CAE
|
SCHEDULE C
Certificate in a TESL, TEFL or TESOL course:
ACL Certificate in Adult TESOL
|
Australian Centre for Languages
|
|
|
RSA Certificate in TEFLA
|
Australian College of English
|
|
International College of English
|
|
Milner International College of English
|
|
|
Australian Certificate in TEFLA
|
Institute of Languages, University of New South
|
|
Wales
|
|
|
Postgraduate Certificate in TESOL
|
Australian College of English
|
|
|
Teaching English to Adult Speakers of Other
|
Sydney Technical College
|
Languages (TEASOL)
|
|
The above qualifications are qualifications which:
are of the relevant academic and educational standard;
are designed for native or equivalent to native
speakers of English who may not have previous adult TESOL experience; and
include at least 60 hours of content related to
language learning, analysis of language, teaching methodology and materials
developments; and
include for each candidate at least eight hours of
observation of live classes and at least six hours of supervised teaching
practice on classes of adult foreign learners.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.