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New South Wales Industrial Relations Commission
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TEACHERS NON-GOVERNMENT (ENGLISH COLLEGES) (STATE) AWARD 2003
  
Date08/22/2003
Volume341
Part1
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1973
CategoryAward
Award Code 802  
Date Posted08/21/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(802)

SERIAL C1973

 

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.

 

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