TEACHERS (KU CHILDREN'S SERVICES) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, industrial organisation of employees.

 

(No. IRC 4265 of 2005)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries and Allowances

4.         Payment of Salaries

5.         Overpayments

6.         Travelling Expenses

7.         Over Time and Late Fee Allowance

8.         Shift Work - Long Day Care Centres

9.         Public Holidays for Long Day Care Centres

10.       Annual Leave

11.       Payment of Termination and Adjustment of Salary for Teachers Who Commence Employment after the Pre School Service Date and for Teachers Who Take Approved Leave Without Pay - Pre School Centres

12.       Annual Holiday Loading

13.       Hours of Work - Long Day Care Centres

14.       Job Share

15.       Sick Leave

15A.    State Personal/Carer’s Leave Case - August 1996

16.       Duties of Employees

17.       Non Contact Time

18.       Crib Breaks

19.       First Aid Certificate

20.       Bereavement Leave

21.       Parental Leave

22.       Examination and Study Leave

23.       Long Service Leave

24.       Jury Service

25.       Short Community Service

26.       Union Representatives

27.       Terms of Engagement and Information to be provided to Teachers

28.       Redundancy

29.       Superannuation

30.       Anti Discrimination

31.       Disputes Avoidance and Grievance Procedures

32.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay - Pre School Centres

Table 2 - Rates of Pay - Long Day Care Centres

Table 3 - Directors’ Allowances - Pre Schools

Table 4 - Directors’ Allowances - Long Day Care Centres

Table 5 - Teacher in Charge Allowances - Pre Schools

Table 6 - Teacher in Charge Allowances - Long Day Care Centres

Table 7 - Other Rates and Allowances

 

PART C

 

REDUNDANCY

 

Attachment A - Casual Teachers/Directors Record Of Casual Employment Employee’s Record To Be Maintained By Employee

 

Part A

 

1.  Title

 

This award shall be known as the Teachers (KU Children’s Services) (State) Award.

 

2.  Definitions

 

(a)        "Pre-School Centre" hereinafter referred to as "Centre", means any Early Childhood Service Centre, conducted by the employer on a full day and/or sessional care basis licensed by the Department of Community Services, which provides child care and/or educational development programmes and/or Centres for children under school age for up to 204 days per year.

 

(b)        "Long Day Care Centre" hereinafter referred to as "Centre" means an Early Childhood Services Centre licensed by the Department of Community Services, conducted by an Employer, which provides child care and/or educational development programmes and/or Centres for children under school age, over a period of eight hours or more a day and for not less than 48 weeks per annum.

 

(c)        "Director" means a person appointed as such by the employer and who is an "early childhood teacher", as defined, who is responsible to the employer for the direct supervision of other employees and/or the management of a Centre or Centres.

 

(d)        "Early Childhood Teacher" means a person in a Centre, who is classified as either a Four Year Trained Teacher or a Three Year Trained Teacher, provided that all teachers employed shall be so classified.

 

(i)         "Four Year Trained Teacher" means:

 

(1)        a person who holds a graduate degree specialising in Early Childhood Education by satisfactorily completing a four year full-time (or part-time equivalent) teacher training degree course at a recognised university, as defined, or a recognised teacher training institution, as defined; or

 

(2)        a person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) teacher training specialist Early Childhood course at a recognised university as defined, or a recognised teacher training institution, as defined, and who in addition has satisfactorily competed a graduate diploma at Category PG1 (19.1) Level, as defined; or graduate diploma in early childhood education from a recognised university; or who has satisfactorily completed at least one year’s full time study in early childhood education by course work of a 2 year Master's degree program at a recognised university; or

 

(3)        a person who has acquired equivalent qualifications, as defined; or

 

(4)        a person who was employed by an employer as a Four Year Trained Teacher at the date of commencement of this award.

 

(ii)        "Three Year Trained Teacher" means:-

 

(1)        a person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) teacher training course at a recognised teacher training institution, as defined; or

 

(2)        a person who holds a qualification in Early Childhood Education by satisfactorily completing a two year full-time (or part-time equivalent) teacher training course and who, in addition, has satisfactorily completed the Category UG2 level, as defined, leading to the award in Early Childhood Education; or

 

(3)        a person who holds a degree from a recognised university, as defined, or a recognised teacher training institution, as defined, and who, in addition, has satisfactorily completed a graduate diploma in Early Childhood Studies at Category PGl (19.1) Level, as defined; or

 

(4)        a person who has acquired equivalent qualification, as defined; or

 

(5)        a person who was employed by an employer as a Three Year Trained Teacher as at the date of commencement of this award.

 

(e)        "Full-time Teacher" means any early childhood teacher engaged as such who is not a part-time or casual teacher.

 

(f)         "Part-time Teacher" means an early childhood teacher who is engaged to work regularly and not more than 0.8 of the normal hours which a full-time teacher at the Centre is required to work, provided that a part-time teacher may work up to 0.9 of the normal hours of a full-time teacher if the teacher is entitled to a preparation session equivalent to 0.1 of a teacher's normal hours.  Provided further that a part-time teacher employed as at 31 January 1990 shall not be required by that employer to work in excess of 0.8 of the normal hours of a full-time teacher.

 

(g)        "Casual Teacher" means an early childhood teacher engaged as required by the employer for up to 20 working days in any one period of employment. Provided that the period may be extended as required by the employer if the employer has been notified that the permanent teacher will be absent beyond the 20-day period.

 

(h)        "Temporary Teacher" means an early childhood teacher, including teachers of children with special needs, engaged as a full-time or part-time employee for a specified period which is not more than a full year, but not less than 20 days. Provided that:

 

(i)         A teacher may be employed for a specific period in excess of a full year, but not more than two full years where such a teacher is replacing a teacher who is on leave for a specified period in excess of a full year.

 

(ii)        Teachers of children with special needs may be engaged with the clear understanding that their days, hours of work and location/Centre may change within this period and two weeks' notice shall be given of any such changes.

 

(iii)       Teachers of children with special needs may be contracted from year to year in accordance with the funding provisions.

 

(iv)       A teacher may be employed where the circumstances indicate that the center enrolments may increase or decrease so that one more or one less teachers may be required provided that such a temporary teacher shall not be employed for more then two years.  The employer will advise the union of any such appointments.

 

(v)        A teacher may be employed where the employer has advised the union of the reason for the temporary appointment other than the above and the union does not object.

 

(i)         "Recognised Teacher Training Institution" means an Australian Teachers College or Australian Institute of Education recognised by the Tertiary Education Commission, or its replacement.

 

(j)         "Recognised University" means an Australian university, which is recognised by the Tertiary Education Commission, or its replacement.

 

(k)        "Category UG2 Level" means a course of study leading to a Category UG2 Diploma Award specialising in Early Childhood as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(l)         "Category PGl (19.1) Level" means a course of study leading to a Category PGl Graduate Diploma specialising in Early Childhood Studies (at the 19.1 level) as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(m)       "Employee" means (except in paragraph (ii) of subclause (f) of clause 3, Salaries and Allowances) an Early Childhood Teacher or a Director.

 

(n)        "Employer" means KU Children’s Services.

 

(o)        "Equivalent Qualification" means a qualification obtained from a university or other tertiary educational institution outside Australia, comparable to any of the qualifications referred to in the definitions of Four Year Trained Teacher or Three Year Trained Teacher and accepted as an equivalent qualification by the National Office of Overseas Skills Recognition.

 

(p)        "Shift" means a daily period of work in a long day care centre or centres and shall be one of the following:

 

(i)         "Afternoon shift" means any shift finishing after 7.00 pm and at or before midnight, provided that for teachers employed as of or before 16 May 1997 "afternoon shift" means any shift finishing after 6.30 pm and at or before midnight.

 

(ii)        "Night shift" means any shift finishing after midnight and at or before 8.00 am or any shift commencing at or after midnight and before 5.00 am.

 

(iii)       "Early morning shift" means any shift commencing at or after 5.00 am and before 6.00 am.

 

(iv)       "Night shift, non-rotating" means any shift system in which night shifts are worked which do not rotate or alternate with another shift so as to give the teacher at least one third of their working time off night shift in each roster system.

 

(q)        "Union" means the New South Wales Independent Education Union.

 

(r)         "Unit" means group of children which, in emergency situations, shall not exceed 27 children for periods of time but which otherwise shall not exceed 25 children, but which need not necessarily consist of the same children at all times.

 

(s)        "Teacher in Charge" means a teacher appointed as such by the employer where the director is employed on a part time basis, who is an "Early Childhood teacher", as defined, who is responsible to the Director for the management of a Centre that operates 5 days per week on the days when the Director is not in attendance.

 

3.  Salaries and Allowances

 

(a)        The minimum annual rate of salary payable to full-time teachers and teacher directors in KU Pre-School Centres shall be as set out in Table 1 - Rates of Pay - Pre-school Centres, of Part B, Monetary Rates.

 

(b)        The minimum annual rate of salary payable to full-time teachers and teacher directors in KU Long Day Care Centres shall be as set out in Table 2 - Rates of Pay - Long Day Care Centres, of Part B, Monetary Rates

 

Provided that:

 

(i)         A Three Year Trained Teacher shall commence on Step 1 of the scale and progress according to normal years of full-time service as a teacher in early childhood education services for children aged up to eight years, whether conducted by the employer or not, to Step 11 of the scale.

 

(ii)        A Four Year Trained Teacher shall commence on Step 1 of the scale and progress, according to normal years of full-time service, or its part-time equivalent, as a teacher in early childhood education services for children aged up to 8 years, whether conducted by the employer or not, to Step 9 of the scale.

 

(c)        Part-Time and Temporary Teachers

 

(i)         A part-time employee, including a temporary part-time employee, shall be paid at the same rate as a full-time employee with the corresponding classification, but in that proportion which the employee's normal attendance hours at the Centre bear to the hours which a full-time employee at a Centre is normally required to attend.

 

(ii)        The days of attendance of a part-time teacher may be varied at the commencement of each calendar year or by mutual agreement between the employer and the employee, term by term, with four weeks’ notice.  The normal hours for the purpose of this sub-clause shall not be varied without agreement.

 

(iii)       A temporary full-time employee shall be paid at the same rate as that prescribed for a full-time employee with the corresponding classification.

 

(d)        Calculation of Service

 

(i)         For the purpose of this clause, any employee if required by the employer so to do shall, upon engagement, establish to the satisfaction of the employer the length of their teaching service in any Centre or in early childhood education services for children up to eight years of age, or in the Infants Department of a recognised school or within the Infants Department of Schools registered or certified under the appropriate legislation in other States or Territories of the Commonwealth of Australia, and that period so established shall be taken to be the length of such service for the purpose of that employment.

 

(ii)        For the purpose of this clause, a period of service other than service within paragraph (i) of this subclause shall be counted as service in accordance with the following principles:

 

(1)        A period of service as a lecturer in early childhood education or child development, as a child development officer, or as a Family Day Care Co-ordinator or equivalent shall be recognised as service.

 

(2)        A period of service as a carer in the child care industry, including service as a Family Day Care carer, a Child Care Certificate worker or equivalent, and a period of time during which the employee is wholly engaged in child rearing, shall be recognised as service at the rate of one increment for each complete three years so engaged, to a maximum of four increments. Provided that, during the time of child-rearing, the teacher was a qualified early childhood teacher.

 

(iii)       For the purpose of calculating service:

 

(1)        Any employment as a full-time employee (including employment as a temporary full-time employee) as referred to in paragraphs (i) and (ii) of this subclause, shall be counted as service.

 

(2)        The amount of service of a part-time employee (including a temporary part-time employee) shall be calculated by reference to the ratio which the number of hours attendance at the Centre by the employee in any year bears to the number of hours attendance at the Centre by a full-time employee at the Centre in the same year, provided that a period of part-time service within paragraph (ii) of this subclause shall count as service in the proportion that the part-time employment bears to full-time employment in that occupation.

 

(3)        Casual employees shall be entitled to normal incremental progression for each 1,600 hours of service or its equivalent in early childhood education services; provided that only service performed in the preceding four years shall be included in determining incremental progression.

 

(4)        For the purpose of calculating service in this subclause, periods of part-time, temporary or casual service shall be aggregated to determine years of full time service.

 

(e)        Re-Classification

 

(i)         Where an employee, paid as a Three Year Trained Teacher, as defined in Clause 2, Definitions, completes a course of training as set out in the definition of "Four Year Trained Teacher" of the said clause 2, the teacher shall be transferred to the salary step on the higher salary scale, which shall be determined by the teacher's year of service on the scale.

 

(ii)        When an employee is transferred to a higher salary scale in accordance with paragraph (i) of this subclause, the date of transfer shall be deemed to the be the date of completion of formal course requirements, provided that the employee advises the employer of the date of such completion within one month of that date, otherwise the date of transfer shall be deemed to be one month prior to the date on which such advice was furnished by the employee to the employer.

 

(f)         Directors’ Allowance

 

(i)         Pre-School Centres

 

Teachers appointed as Directors in KU Pre-School Centres shall be paid, in addition to the amounts payable pursuant to subclause (a) of this clause, an allowance in accordance with Table 3 - Directors’ Allowances - Pre-schools, of Part B, Monetary Rates.

 

(ii)        Long Day Care Centres

 

Teachers appointed as Directors of KU Long Day Care shall be paid an amount payable pursuant to subclause (b) of this clause.  A director who directly supervises shall be paid an amount as set out in Table 4 - Directors’ Allowances - Long Day Care Centres, of the said Part B, by way of a fixed loading. Provided that directly supervised employees means all employees in a Centre, for the performance of whose duties the Director is responsible.

 

For the purposes of determining the number of employees directly supervised, each employee who works for 19 hours or more per week in the Centre shall be counted as one employee, and the hours worked by each employee whose hours of work are less than 19 hours per week, as at 1 February and 1 August in each year, shall be aggregated and divided by 38 to determine the full time equivalent.

 

(iii)       An employee required by the employer to act as a Director for a period of more then three consecutive days shall be paid the appropriate allowances prescribed by subclauses (a) or (b) of this clause for such period.  Provided that a teacher shall not be required to carry out such duties in an acting capacity for more than a full year, except that a teacher may be required to carry out such duties for up to two full years where such a teacher is replacing a Director who is on leave for a specified period in excess of a full year.

 

(g)        Teacher in Charge - A teacher appointed as Teacher in Charge shall be paid in addition to the amounts payable pursuant to subclause (a) of this clause, an allowance in accordance with Table 5 - Teacher in Charge, for teachers in Pre Schools with Table 6 - Teachers in Charge for teachers in Long Day Care Centres, of Part B - Monetary Rates.

 

(h)        Casual Teachers

 

(i)         Pre-School Centres

 

The salary payable to a casual employee shall be the appropriate rate prescribed by subclause (a) of this clause in accordance with years of full-time service, divided by 204 in the case of a daily rate and further divided by 7.5 to get an hourly rate, provided that the maximum rate payable shall be as follows:

 

Three Year Trained	Fourth Step
Four Year Trained	Fourth Step

 

The said rate includes a pro-rata payment in respect of annual holidays to which the employee is entitled in accordance with the Annual Holidays Act, 1944.

 

(ii)        Long Day Care Centres

 

A casual employee shall be paid a 20 per cent loading in addition to the appropriate rate for their classification, up to a maximum of the fourth step of the appropriate scale.  The rate shall be calculated by dividing the annual rate by 26.07 to obtain a fortnightly rate and the result by ten to obtain a daily rate and then by 7.6 to obtain an hourly rate.

 

A casual employee is entitled to an additional payment of 1/12 of their salary in accordance with the Annual Holidays Act 1944.

 

(iii)       Provided that the minimum start for any casual employee shall be two hours for any day or shift and that time worked thereafter shall be rounded to the nearest half hour.

 

(iv)       Provided that casual employees who are engaged for more than six hours per day and up to 7.6 hours in long day care centres and 7.5 hours in pre-schools, shall be paid the full daily rate.

 

4.  Payment of Salary

 

(a)        The salary payable to any employee (other than a casual employee) pursuant to this clause shall be payable fortnightly, including during annual leave payments.

 

(b)        Provided that, if the employee requests, the annual leave payment shall be paid in a lump sum in the final pay before the taking of annual leave.

 

(c)        Each year the employer will request employees to advise them in writing two months before any annual close down if they require their annual leave to be paid in a lump sum.

 

(d)        Provided that the fortnightly salary shall be calculated by dividing the annual salary by 26.07, rounded to the nearest dollar.

 

(e)        Annual Remuneration

 

(i)         Notwithstanding clause 3 Salaries and Allowances, an employer may offer and an employee may elect to receive his or her annual remuneration as a combination of salary (payable fortnightly) and benefits payable by the employer.  The sum total of such salary, benefits, Fringe Benefits tax and employer administrative charge will equal the appropriate salary prescribed by clause 3 Salaries and Allowances.

 

(ii)        The employer will determine the range of benefits available to the teacher and the teacher may determine the mix and level of benefits as provided in paragraph (a) of this sub-clause.

 

(iii)       Any payment calculated by reference to the teacher's salary and payable either:

 

(i)         during employment; or

 

(ii)        on termination of employment; or

 

(iii)       on death

 

shall be at the rate prescribed by clause 3 Salaries and Allowances

 

5.  Overpayments

 

Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the teacher, the relevant parties shall seek agreement on the matter of the overpayment including, when necessary and appropriate, discussion between the New South Wales Independent Education Union and KU Children’s Services.

 

6.  Travelling Expenses

 

(a)        Where an employee is required to use their vehicle in connection with the employee's employment other than for journeys between home and place of employment, the employee shall be paid an allowance as set out in Item 1 of Table 7 - Other Rates and Allowances, of Part B, Monetary Rates, for such travel.

 

(b)        Travelling and other out of pocket expenses reasonably incurred by an employee in the course of duties required and approved by the employer, shall be reimbursed by the employer.

 

7.  Over Time and Late Fee Allowance

 

7.1.       Pre School Teachers

 

Preschool teachers who are required to stay at the centre after their normal finishing time due to children not being collected, will receive an allowance as set out in Item 2 of Table 7 - Other Rates and Allowances of Part B, Monetary Rates, for each half hour or part thereof that the teacher is required to remain at the centre.

 

7.2        Long Day Care

 

(a)        All hours required by the employer to be worked outside the ordinary hours of work prescribed by clause 13 Hours of Work Long Day Care Centres, including where a teacher is required to stay back to supervise children who have not been picked up or to cover staff absences but excluding the normal preparation and programming duties of a teacher, shall be paid at the rate of time and one half for the first two hours and double time thereafter.

 

(b)        Provided that teachers may be required to attend up to a maximum of two hours per month and directors up to four hours per month where such time involves parental meetings, staff meetings and other duties not including the supervision of children without any payment being due.  Part-time teachers may be required to attend such meetings outside of ordinary hours on a pro rata basis.  Teachers will receive two days paid leave per annum in lieu of attendance at such out of hours in service area meetings and committee management meetings.  This leave shall be granted and taken on a day or days determined by the employer and mutually convenient to both the employee and the employer.  Provided that a part time teacher shall only be entitled to that proportion of paid leave which the teachers number of hours bears to the number of hours that a full time teacher is expected to work.

 

(c)        Provided that part-time employees who agree to work in excess of their normal hours shall be paid at ordinary time for up to eight hours provided that the additional time worked is during ordinary hours of operation of the ECS centre.  No part-time employee shall be required to work for longer than 8 (eight) hours in any day without payment of overtime.  Any additional hours shall be paid at overtime rates as per sub clause (a).

 

(d)        Time Off in Lieu of Overtime

 

(i)         By agreement between the teacher and the employer, a teacher may take time off in lieu of payment for overtime.

 

(ii)        Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour off for each hour worked.

 

(iii)       An employer shall, if requested by a teacher, provide payment at the rate provided for in subclause (a), for any overtime worked where such time has not been taken within four weeks of accrual.  Notwithstanding anything contained elsewhere in this clause, on notice from the employer a teacher must elect within six months of accrual, whether to take overtime worked as an overtime payment or as time off work at the ordinary rate of pay.

 

8.  Shift Work - Long Day Care Centres

 

(a)        For the purposes only of calculating the loadings provided for in this clause:

 

(i)         a fortnightly rate of pay shall be obtained by dividing the employee's annual salary by 26.07;

 

(ii)        a daily rate of pay shall be obtained by dividing the fortnightly rate, as provided for in paragraph (i) of this subclause, by 10;

 

(iii)       the rate of pay for a casual teacher shall be first calculated in accordance with paragraph (ii) of subclause (g) of clause 3, Salaries and Allowances.

 

(b)        In addition to the weekly or daily rate of salary provided for in the said clause 3, a loading shall be payable to an employee required to perform shift work as follows:

 

(i)         early morning shift - 10 per cent;

 

(ii)        afternoon shift - 15 pre cent - refer to paragraph (i) of subclause (p) of clause 2, Definitions;

 

(iii)       night shift, rotating with day or afternoon shift - 17.5 per cent;

 

(iv)       night shift, non-rotating - 30 per cent.

 

(c)        Where an employee is required to work on Saturday, Sunday or holiday, the teacher shall be paid for each such day or shift worked on the following basis:

 

(i)         Saturday - at one and one half times the daily rate of pay as calculated in subclause (a) of this clause.

 

(ii)        Sunday - at double the daily rate of pay as calculated in subclause (a) of this clause.

 

(iii)       Holidays - at two and one half times the daily rate of pay as calculated in subclause (a) of this clause.

 

The payments prescribed by this subclause shall be in substitution for and not cumulative upon the shift loading prescribed in subclause (b) of this clause.

 

9.  Public Holidays for Long Day Care Centres

 

(a)        The following days shall be holidays for the purposes of this award:  New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day. One further day, the date of which shall be agreed upon between the employer and the employee, and all days proclaimed as public holidays for the State shall be holidays, provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

 

(b)

 

(i)         Where an employee is required to work on a holiday, the teacher shall be paid, in addition to the employee's ordinary rate of pay, at the rate of one and a half times for the time so worked.

 

(ii)        An employee absent without leave on the day before or the day after any award holiday shall be liable to forfeit wages for the day of absence as well as for the holiday, except where the employer is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday, provided that an employee absent on one day only either before or after a group of holidays shall forfeit wages for one holiday only as well as for the period of absence.

 

10.  Annual Leave

 

(a)        An employee, on completion of 12 months' continuous service, shall be entitled to a minimum of four weeks leave of absence on full pay.

 

(b)        See Annual Holidays Act 1944.

 

11.  Payment on Termination and Adjustment of Salary for Teachers Who Commence Employment After the Pre-School Service Date and for Teachers Who Take Approved Leave Without Pay - Pre-School Centres

 

(a)        This clause will apply:

 

(i)         in lieu of the corresponding provisions of the Annual Holidays Act 1944; and

 

(ii)        notwithstanding any other provisions in this award.

 

(b)        The provisions of this clause shall apply where:

 

(i)         a teacher's employment ceases;

 

(ii)        a teacher commences employment after the pre-school service date; or

 

(iii)       where a teacher takes approved leave without pay;

 

and payments shall be made to such teachers by application of the formula prescribed by subclause (c) of this clause and, if relevant, by the application of the provisions of subclauses (e) and (f) of this clause in combination.

 

(c)        Calculation of Payments

 

(i)         Payments made pursuant to this clause shall be calculated in accordance with the following formula:

 

P = s   x   c - d

             b

 

Where:

 

P - is the payment due;

 

s - is the total salary paid in respect of term weeks, or part thereof, since the anniversary of employment (or date of employment in circumstances where a teacher has been employed by the pre-school for less than one year);

 

b - is the number of term weeks, or part thereof, in the year;

 

c - is the number of non-term weeks, or part thereof, in the year;

 

d - is the salary paid in respect of non-term weeks, or part thereof, that have occurred since the anniversary of employment (or date of employment in circumstances where a teacher has been employed by the pre-school for less than one year).

 

(ii)        For the purpose of this clause:

 

(1)        "Pre-School Service Date" means the usual commencement date of employment at a pre-school for teachers who are to commence teaching on the first day of the first term.

 

(2)        "Teacher" means any teacher other than a casual teacher.

 

(d)        Termination of Employment

 

A teacher shall be entitled, on termination of employment, to a payment calculated in accordance with this clause.

 

(e)        Teachers Who Commence Employment After the Pre-School Service Date

 

Where a teacher commences employment after the Pre-School Service Date in any pre-school year and such employment is to continue into the next pre-school year:

 

(i)         the teacher shall be paid at the conclusion of Term IV in the first calendar year of employment in accordance with this clause;

 

(ii)        the anniversary of employment for the purposes of the calculation of payments under this clause shall in each succeeding year of employment be the Pre-School Service Date;

 

(iii)       any period for which the teacher has not been paid by the operation of subclause (d) of this clause shall be deemed to be leave without pay, and no salary or other payment other than payment under this clause shall be made.

 

(f)         Teachers Who Take Approved Leave Without Pay

 

Where a teacher takes leave without pay with the approval of his or her employer for a period which (in total) exceeds 20 pupil days in any year, the teacher shall be paid the salary calculated in accordance with this clause, as follows:

 

(i)         If the leave without pay commences and concludes in the same pre-school year:-

 

(1)        subject to paragraph (ii) of this subclause, the payment shall be calculated and made at the conclusion of Term IV of that pre-school year; and

 

(2)        if the leave without pay commences on the day following the last teaching day of a term and concludes on the day preceding the first teaching day of a term in the same year, a payment shall be calculated and made:

 

(A)       at the commencement of the leave in respect of that year; and

 

(B)       at the end of Term IV in accordance with paragraph (iii) hereof.

 

(ii)        If the leave without pay is to conclude in a pre-school year following the pre-school year in which the leave commenced:-

 

(1)        at the commencement of the leave, a payment shall be calculated and made in respect of the pre-school year in which the leave commences; and

 

(2)        at the end of Term IV in the pre-school year in which the leave concludes, a payment shall be calculated and made in respect of that pre-school year.

 

(iii)       The payment to be made to a teacher at the conclusion of Term IV of a pre-school year:

 

(1)        pursuant to section (B) of subparagraph (2) of paragraph (i) of this subclause; or

 

(2)        in circumstances where, with the agreement of the Employer, a teacher who has been paid pursuant to subparagraph (1) of paragraph (ii) of this subclause returns from leave during the pre-school year in which the leave commenced, shall be determined by:

 

(A)       applying the formula in subclause (c) of this clause as if no payment had been made to the teacher pursuant to section (A) of subparagraph (2) of paragraph (i) of this subclause or subparagraph (1) of paragraph (ii) of this subclause; and

 

(B)       deducting from that amount the amount paid to the teacher pursuant to section (A) of subparagraph (2) of paragraph (i) of this subclause or subparagraph (1) of paragraph (ii) of this subclause.

 

(iv)       Notwithstanding the provisions of paragraph (i) of subclause (a) of this clause, a teacher shall not, pursuant to this clause, be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the provisions of the Annual Holidays Act, 1944, in respect of a year of employment.

 

12.  Annual Holiday Loading

 

(a)        Pre-School Centres

 

(i)         Subject to paragraph (vi) of this subclause, where an employee other than a casual employee is given and takes their annual holiday, the teacher shall be paid an annual holiday loading calculated in accordance with this clause.

 

(ii)        The loading shall be payable in addition to the pay payable to the employee for the period of the annual holiday.

 

(iii)       The loading shall be calculated in relation to such period of an employee's annual holiday as is equal to the period of annual holiday to which the employee is entitled for the time being under the Annual Holidays Act 1944, namely, four weeks at the end of each year of the employee's employment or where relevant, the period of annual leave calculated under subclause (vi) of this subclause.

 

(iv)       The loading shall be the amount payable for the period of four weeks annual holiday at the rate of 17.5 per cent of the weekly equivalent of the employee's annual salary.

 

(v)        For the purpose of this clause, "salary" shall mean the salary payable to the employee at the time the loading is payable together with, where applicable, the allowances prescribed by paragraph (i) of subclause (f) and (g) of clause 3, Salaries and Allowances, but not including any other allowances or amount otherwise payable in addition to salary. Provided that where subclause (vi) of this subclause applies, "salary" shall mean the salary (together with allowances payable as aforesaid) payable immediately prior to the payment made to the teacher pursuant to clause 11, Payment on Termination and Adjustment of Salary for Teachers Who Commence Employment After the Pre-School Service Date and for Teachers who take Approved Leave Without Pay - Pre-School Centres.

 

(vi)       Where a teacher receives a payment pursuant to the said clause 11, including the case where a teacher's employment is terminated during the Pre-School year for a reason other than misconduct, the teacher shall be entitled to be paid for that part of such fraction of the annual holiday loading they would be entitled to for the full pre-school year as is equal to the fraction which the number of Pre-School weeks worked by the teacher in that year bears to the number of weeks the teacher would be normally required by the employer to work in a full pre-school year.

 

(b)        Long Day Care Centres

 

(i)         A 17.5 per cent loading shall be payable on four weeks’ annual holiday when the annual holiday is taken after falling due.

 

(ii)        In the case of an employee who is given and takes an annual holiday and who would have worked as a shift worker if the teacher had not been on holiday, then the amount of loading shall be the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday if the loading calculated in accordance with this subclause exceeds 17.5 per cent, then that amount shall be paid to the employee in lieu of the 17.5 per cent loading.

 

(iii)       The provisions of this clause shall not apply to casual employees.

 

13.  Hours of Work - Long Day Care Centres

 

The ordinary working hours, inclusive of crib breaks taken at the Centre, shall not exceed an average of thirty eight (38) per week between the hours of 6.00am to 7.00pm Monday to Friday to be worked by one of the following methods:

 

(a)        The teacher working in shifts of not more then (8) hours duration.

 

(i)         A teacher shall accrue one (1) rostered day off for each twenty (20) days of service.

 

(ii)        Each day of paid leave taken pursuant to this award including each public holiday and the annual holiday (but not including long service leave) shall be regarded as a day worked for accrual purposes.

 

(iii)       Notwithstanding the provisions of paragraph (i) of this subclause a teacher shall be entitled to no more than twelve paid rostered days off in any twelve months of consecutive employment.

 

(iv)       An employee shall accrue one (1) paid rostered day off (RDO) in each 20-day 4-week work cycle to a maximum of 0.4 of one hour for 8 hours duty on each day of attendance.  There shall be a maximum of 12 RDOs in any 12 consecutive months of employment.

 

A teacher shall be entitled to be paid on termination of employment for rostered days off which have been accumulated but not taken or entitlements pursuant to this paragraph at the rate of pay on the date of termination.

 

(v)        A teacher shall not be entitled to sick leave in respect of illness whilst on a rostered day off.  In the event of a rostered day off falling on a public holiday, the teacher and employer shall agree on an alternative day off as a substitute.

 

(b)        By the teacher working in shifts of more than eight ordinary hour one or more days during the work cycle

 

(i)         by the teacher(s) working three 10 hour shifts and one 8 hour shift per week; or

 

(ii)        by the teacher(s) working four 9.5 hour shifts per week; or

 

(iii)       any other shift arrangement whereby an employee works no more than 10 hours per day or 38 hours per week.

 

If the teacher works a shift longer then eight (8) hours the employee shall receive an additional paid crib break of 10 minutes which shall be taken at a time convenient to the employer.

 

(c)        Method of Implementation

 

The method of implementation of the 38-hour week shall be one of the following, as agreed between the teacher and the employer:-

 

(i)         19-day month - the teacher may fix one workday off in each four-week cycle as a rostered day off to the extent of rostered days off accrued pursuant to subclause (ii) of this clause.

 

(ii)        Accumulation - the teacher may accrue sufficient rostered days off to enable such days to be taken as a block of no more than 12 days at any one time in any 12 months of consecutive employment.

 

(iii)       By teachers working more than 8 hours on 1 or more days of the work cycle.

 

The employer shall make the final determination of the method of implementing the 38 hour week.

 

(d)        Rostering

 

(i)         A teacher shall be advised by the employer at least 4 weeks in advance of the day or days on which the teacher is to be rostered off duty.

 

(ii)        An individual teacher may, with the agreement of the employer, substitute the day the teacher is rostered off duty for another day.

 

(e)        Part-time, Casual and Temporary Teachers

 

(i)         Nothing in this clause shall entitle a teacher who works less then 38 hours per week (inclusive of crib breaks) to accumulate rostered days off pursuant to this clause, provided that any part time teacher who as at August 1, 2005 was entitled to either accumulate rostered days off or be paid the 5% loading shall continue to do so.

 

(ii)        Casual Teachers  - A casual teacher shall be entitled to be paid an additional loading of five per cent pursuant to this clause in lieu of entitlement to rostered days off.

 

(iii)       Temporary teachers - A full time or part time temporary teacher shall, by agreement with the employer and according to the period of engagement of the teacher, shall be entitled to either; be paid an additional loading of five per cent pursuant to this clause in lieu of an entitlement to rostered days off, or accumulate rostered days off in accordance with subclause (b) of this clause provided that a temporary part time teacher the provisions of sub clause e(i) shall apply.

 

14.  Job Share

 

(a)        Job share is a five day full time position, which is shared by two teachers, working a predetermined number of full days each per week.

 

(b)        Job share will be available to teachers in long day care and pre-school services

 

(c)        Procedures for implementing job share:

 

(i)         Teachers interested in job share may put forward a proposal in writing to the director of the service and provide a copy to the consultant.  This proposal should include the following:

 

(1)        reasons;

 

(2)        benefits to the Centre in accordance with KU policy guidelines;

 

(3)        strategies for the management of job share; nominated days of work.

 

(ii)        The consultant, the director and the prospective job share teacher will then meet to discuss the following issues:

 

(1)        advantages/disadvantages of proposal.;

 

(2)        strategies for communication between job share teachers;

 

(3)        strategies for communication with other staff members;

 

(4)        attendance at parent meetings and preparation of written reports;

 

(5)        attendance at staff meetings, regional meetings, inservice courses and other out of hours meetings or functions;

 

(6)        curriculum and programming issues.

 

The parties note that attendance at meetings on days that a job share teacher is normally not expected to attend is at the discretion of the teacher.

 

(iii)       If there is an in principle agreement between the above parties, the written proposal will be forwarded to the relevant Manager of Children’s Services with a recommendation from the consultant.

 

(iv)       The relevant Manager of Children’s Services will review the proposal and, if the proposal is approved, will forward it to the Human Resource Manager who will confirm in writing approval of the proposal.

 

(v)        If job share is approved, the second position is advertised, and both positions will become permanent part time.

 

(vi)       Following the appointment of the second job share teacher, the issues identified in paragraph (ii) will be discussed at a full staff meeting, with the consultant present.

 

(vii)      In the event that the job share proposal is not approved, the staff member concerned has the right to appeal and negotiations could take place in accordance with clause No.29 - Disputes Avoidance and Grievance Procedures.

 

(d)        KU, as the employer, reserves the right to:

 

(i)         View each situation on an individual basis and within the stated guidelines.

 

(ii)        Nominate, if necessary, a number of staff or an overall percentage of teachers in KU’s workforce who are able to job share.

 

(iii)       Determine the number of job share positions in each centre.

 

(e)

 

(i)         Absences that occur due to approved leave, including sick leave, by one of the two job share teachers will be offered in the first instance to the other person.  The teacher cannot be directed to work such absences.

 

(ii)        Payment for such vacancies will be according to clause 3, Salaries and Allowances.

 

(f)         Resignations

 

In the event that the position of one job share teacher at a particular centre becomes vacant, the following procedure will occur:

 

(i)         The remaining part-time teacher may be offered the option of a full time position.

 

(ii)        Another permanent staff member, including part-time teachers, may transfer to the job share position.

 

(iii)       If neither of the above occurs, then the part-time position will be advertised according to KU policy.

 

15.  Sick Leave

 

(a)        Any full-time, temporary or part-time teacher shall be entitled to 15 days paid sick leave in respect of any absence on account of illness or injury for each year of service.

 

(b)        Sick leave entitlement for a part-time teacher employed in a pre-school shall be in that proportion which the teacher's number of hours of attendance in a full pre-school week bears to the number of hours which a full-time teacher at the centre is normally required to attend.

 

(c)        Sick leave entitlement for a part-time teacher employed in a long day care centre shall be in that proportion which the teacher's working hours bears to the number of working hours which a full-time teacher at that Centre is normally required to work.

 

(d)        A temporary teacher's sick leave entitlement shall be in that proportion of 15 days which their appointment bears to the proportion of the year that they work.

 

(e)        A teacher shall not be entitled to sick leave for any period in respect of which the teacher is entitled to workers compensation.

 

(f)         A teacher shall not be entitled to paid sick leave unless they notify the employer or such other person deputised by the employer, prior to the commencement of their rostered hours of work, of the nature of the illness and of the estimated duration of the absence; provided that sick leave shall be available if the teacher took all reasonable steps to notify the employer and was unable on account of the illness to take such steps.

 

(g)        Other than in respect of the first two days absence in respect of sickness in any one year a teacher shall, upon request, provide a medical certificate addressed to the employer. Notwithstanding the foregoing, the employer may require other evidence of sickness.

 

(h)        Where a teacher, employed in a long day care centre, is sick on their rostered day off, or any forms of paid leave, they shall not be entitled to sick leave nor will their sick leave entitlements be reduced as a result of their sickness on that day.

 

(i)         Untaken sick leave shall accumulate from year to year.

 

15A.  State Personal/Carer’s Leave Case - August 1996

 

(1)        Use of sick leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 15, 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 step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(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, where 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.

 

(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 (1) who is ill.

 

(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.

 

(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.

 

(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.

 

(6)        Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

16.  Duties of Employees

 

(a)        The normal duties of employees shall include the usual duties performed in attendance at the centre as well as the usual planning, resourcing and extra-curricular activities associated with a centre, including attendance at parent and committee management meetings.

 

(b)        In pre-school and long day care centres, employees are responsible for ensuring that they are aware of new developments in early childhood education and that they attend professional development and in-service courses as required.

 

(c)        For employees in long day care centres, attendance at such inservice courses and professional development outside hours of attendance beyond the equivalent of two days attendance at the center referred to in clause 7.2(b) shall be at the option of the employee

 

(d)        Employees in pre schools shall be required to attend up to 16 hours per annum of professional development and inservice which does not include parent and staff meetings but does include the annual seminar and other relevant in services provided that part time employees shall only be required to attend that proportion which the employees working hours bears to the number of working hours a full time teacher is normally required to work.  Employees will not receive time in lieu for such attendance.

 

(e)        In pre-school centres, employees shall attend at the centre as required on 202 actual days of child attendance in each calendar year, and for two days of child-free attendance as nominated by the employer.

 

(f)         A Director shall, in addition, have responsibility for the security and maintenance of the centre.

 

17.  Non Contact Time

 

(a)        Both KU Children’s Services and the Independent Education Union recognise that all teachers and directors should be relieved from face to face duties in order to perform administration duties, programming, record keeping and liaison with parents and outside agencies.

 

(b)        Directors Administration Time

 

Full Time Directors shall receive a minimum of 5 hours per week of non contact time to perform administrative duties.

 

(c)        Full Time Teachers Non Contact Time

 

Teachers shall receive a minimum of 2 hours per week of non contact time.

 

(d)        Provided that directors or teachers who now receive non contact time in excess of this shall not have this time reduced as a result of the making of this award.

 

(e)        Non Contact time for Part time teacher and Directors shall be in that proportion to which the teacher or directors working hours bear to the number of working hours which a full time teacher or director at the centre is normally required to work.

 

18.  Crib Breaks

 

An employee shall be entitled to 30 consecutive minutes crib break within the centre.  Where a meal is taken at the Centre, at the direction of the employer, it shall be counted as time worked.  An employee is not to be required to work for more than five hours without being given the opportunity to take a crib break.  See Children (Care and Protection) Act 1987 for provisions relating to supervision of children.

 

19.  First Aid Certificate

 

Employees will be required to obtain and maintain a first-aid certificate under the following conditions:

 

(a)        Employees in the first six months of employment will be required to have or to obtain an approved Senior First-aid Certificate.

 

However, if the employee has a current "Care for Kids" qualification on commencement of employment with KU Children’s Services, they will have six months in which to obtain the Senior First-aid Certificate.

 

(b)        After three year’s of employment, an employee will be required to obtain either a Care for Kids qualification or a Senior First-aid Certificate.

 

Provided that in every sixth year of employment an employee must obtain the Senior First-aid Certificate.

 

(c)        Employees in long day care centres will be granted paid leave to attend a first-aid course or when the employee attends the course in their own time, the employee will receive time in lieu at ordinary rates for course attendance time.

 

(d)        For employees in pre-schools, attendance at a first aid course shall be on the employees own time.

 

20.  Bereavement Leave

 

(a)        A teacher, other than a casual teacher shall be entitled to a maximum of three days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person prescribed in subclause 19(iii)

 

(b)        The teacher must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in clause 15A, provided that for the purpose of bereavement leave, the teacher need not have been responsible for the care of the person concerned.

 

(d)        A teacher shall not be entitled to bereavement leave under this clause 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, (2), (3), (4), (5) and (6) of the said clause 15A.  In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operation requirements of the business.

 

21.  Parental Leave

 

21.1      Paternity Leave

 

(i)         A teacher who takes paternity leave on or after 1 August  2005 shall be entitled to 2 weeks paid leave commencing on the day of birth of his child or on the day on which his spouse leaves hospital following the birth. 

 

(ii)        A teacher shall be required to give at least 10 weeks written notice of the intention to take leave and shall provide other notice consistent with the provisions of section 58 (2) of the Industrial Relations Act 1996.

 

(iii)       A teacher who commences paternity leave before 1 August 2005 shall be entitled to one day's leave with pay on the date of his wife's confinement or on the day on which his wife leaves hospital following her confinement.

 

21.2      Maternity, Adoption Leave

 

(i)         A teacher who takes unpaid maternity/adoption  leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.

 

(ii)        The maternity/adoption leave in this clause shall be the equivalent if the teacher has completed:

 

1 to 2 years of service	3 weeks
2 to 3 years of service	6 weeks
3 or more years of service	9 weeks

 

(iii)       The teacher must be paid at the rate the teacher was paid at the time of commencing leave including allowances.

 

(iv)       The teacher must be paid:

 

(a)        at the usual times and intervals that other teachers are paid by KU Children’s Services, or

 

(b)       if the teacher asks two weeks in advance and KU Children’s Services agrees, in a lump sum.

 

(v)        The teacher must be paid:

 

(a)        at the usual times and intervals that other teachers are paid by KU Children’s Services, or

 

(b)       if the teacher asks two weeks in advance and KU Children’s Services agrees, in a lump sum.

 

(vi)       The employer must pay the first or lump sum payments at the pay period commencing closest to;

 

(a)        six weeks before the anticipated date of birth or adoption; or

 

(b)       if birth occurs before the time referred to in (a), the date of the birth; or

 

(c)        if the teacher has not commenced maternity/ adoption leave at the time referred to in (a), when the teacher commences leave.

 

(vii)      If a teacher's pregnancy is terminated other than by the birth of a living child:

 

(a)        more than 20 weeks before the anticipated date of birth the teacher is not entitled to the payment;

 

(b)       less than 20 weeks before the anticipated date of birth the teacher is entitled to the payment while he/she remains on leave.

 

(viii)     Except as varied by this provision, Part 4 of Chapter 4 of the Industrial Relations Act 1996 shall apply.

 

Notation:

 

(i)         It is recognised that the obligations of an employer under the provisions of the Industrial Relations Act 1996 relating to maternity, paternity and adoption leave must be followed, but;

 

(ii)        subject to paragraph (i), the employer and the New South Wales Independent Education Union are of the unanimous view that, other than in exceptional circumstances, leave without pay, including parental leave, should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term (unless the employer has expressly agreed to the contrary).

 

(iii)       In order to facilitate the desirable practice referred to in paragraph (ii) of this notation the employer is prepared to extend the time of parental leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, should a teacher agree to return from parental leave at the commencement of the term immediately following the maximum period of leave without pay required to be afforded by the said Act.

 

22.  Examination and Study Leave

 

(a)        An employee, who for the purposes of furthering their teacher training, enrols in any course approved by the employer at a recognised University or recognised Teacher Training Institution, shall be granted leave:

 

(b)        with pay on the day of any examination required in the course;

 

(c)        without pay for the purpose of attending any compulsory residential school which is a part of such course.

 

23.  Long Service Leave

 

(a)        See Long Service Leave Act 1955.

 

24.  Jury Service

 

(a)        A full time or part time teacher required to attend for jury service during ordinary working hours shall be provided with paid leave for this purpose.  The teacher shall be required to reimburse to the employer any monies payable to the teacher for such attendance (excluding reimbursement of expenses), which required the teacher's absence from work.

 

(b)        The teacher shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service.  The teacher shall provide to the employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance.

 

25.  Short Community Service

 

Where a teacher's involvement in a community service activity has been approved by the employer after consideration of the needs of the school, a teacher shall be entitled to paid leave of not more than five days in any school year (unless agreed with the employer) for emergency leave for service to the community.  Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.

 

26.  Union Representatives

 

(a)        An employer shall permit the union representative in the Centre to post union notices relating to the holding of meetings on a staff room noticeboard.

 

(b)        The union representative shall be permitted in working hours to interview the employer on union business.  Such interview shall take place at a time and place convenient to both parties.

 

(c)        Meetings of union members who are employed at the Centre may be held on the premises at times and places reasonably convenient to both union members and the employer.

 

27.  Terms of Engagement and Information to be Provided to Teachers

 

(a)        The employer shall provide an employee (other than a casual employee) on appointment with a letter and other information stating, inter alia, the classification and rate of salary as at appointment, the period of engagement if a specified time contract, the normal attendance that will be required, an outline of the responsibilities of the position that will be required, and an outline of superannuation benefits available.

 

(i)         Provided that letters of appointment provided to pre- school teachers employed after the date of the making of this award shall state the hours to attendance to be 38 hours per week provided that no pre-school centre shall extend their hours of operation without the agreement of the Independent Education Union.

 

The employment of a teacher during the first three calendar months shall be probationary.  Either party may terminate the employment during this period with two weeks notice.

 

(b)        The employment of any employee (other than a temporary or casual employee) 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, other then during the probationary period.

 

(c)        The employment of a temporary employee employed for a period in excess of four weeks shall not be terminated, except in accordance with the provisions of subclause (b) of this clause.

 

In the case of a temporary employee employed for a period of less than four weeks, employment shall not be terminated without at least one week's notice on either side or the payment or forfeiture of one week's salary in lieu of notice.

 

(d)        The employment of a casual teacher can be terminated with one hours notice provided the casual employee is paid for all hours worked, with at least a minimum start payment of two occurs.

 

(e)        The employer may provide a teacher of children with special needs with a letter of appointment which outlines the teacher's hours of attendance, days of attendance, and places of employment which may be varied throughout the period of engagement.  Such variations would occur from time to time with not less than two weeks’ notice or otherwise by agreement.

 

(f)         The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.

 

(g)

 

(i)         On termination of casual employment, the employer shall indicate on the employee’s service card, if requested by the employee (see Attachment A to this award) the length of service with that employer.

 

(ii)        On the termination of service of an employee, other than a casual employee, the employer shall provide a statement of service setting out the length of service, the age of children taught, the positions held and any special and/or additional duties performed by such teacher.

 

(h)        Upon request, a casual teacher shall be supplied with a statement setting out the number of days of duty undertaken by the casual teacher during the period of their engagement, provided such request is made during or on termination of the casual engagement.

 

(i)         Where an employer proposes either to make alterations to the centre in which an employee is employed, or to transfer an employee from the centre in which the employee is employed, which will have the consequence that the employees’ conditions of employment will no longer apply to the employee, the employer shall, as soon as practicable in any case after a firm decision has been made, give the employee notice of the change and shall, if the employee so requests, hold discussions with the employee, or with a representative of the employee, as soon as practicable after making the decision and, in any event, not less than four weeks prior to the implementation of the decision.

 

(j)         An employer may direct a teacher to carry out such duties as are within the limits of the teacher's skill, competence and training.

 

28.  Redundancy

 

See part C of this award.

 

29.  Superannuation

 

(a)        Definitions

 

For the purpose of this clause:

 

(i)         "Basic earnings" shall mean:

 

(1)        the rate of salary prescribed from time to time by this award;

 

(2)        the amount of any allowance prescribed from time to time, including the allowance payable to a director.

 

(ii)        "Employee" means a teacher or director, and includes casual, part-time, or temporary employees.

 

(iii)       "Employer" means KU Children’s Services.

 

(iv)       "HESTA" means the Health Employees Superannuation Trust Australia, established by Trust Deed Articles on 30 July 1987.

 

(v)        "ASSET" means the Australian Superannuation Savings Employment Trust constituted by Deed made 14 October 1987.

 

(b)        Fund

 

(i)         For the purposes of this clause, contributions made by the KU Children’s Services, in accordance with the provisions of subclause (c) of this clause, shall be as follows:

 

(1)        KU Children’s Services shall offer each employee a choice between HESTA or ASSET;

 

(2)        the employee shall nominate the fund into which contributions shall be made.

 

(ii)        The KU Children’s Services shall continue to be a participating employer in HESTA and/or ASSET in accordance with the choice of employees of the employer.

 

(iii)       An employee shall become eligible to join HESTA or ASSET from the beginning of the first pay period commencing on or after the employee's date of engagement.

 

(c)        Benefits

 

(i)         Except as provided in paragraphs (iii) and (iv) of this subclause, KU Children’s Services shall, in respect of each employee employed by it, pay contributions to the respective Trustee at the rate of four per cent (4%) of the employee's basic earnings or as prescribed by the Superannuation Guarantee (Administration) Act 1992.

 

(ii)        Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the respective fund.

 

(iii)       KU Children’s Services shall not be required to make contributions pursuant to this clause in respect of an employee in respect of a period when that employee is absent from the teacher’s employment without pay.

 

(iv)       Part-time and Casual Employees

 

KU Children’s Services shall pay contributions pursuant to this clause in respect of a part-time employee employed by it if the basic earnings of the employee exceed $200 for that calendar month.

 

KU Children’s Services shall pay contributions pursuant to this clause in respect of a casual employee employed by it for any calendar month in which the basic earnings of the employee exceed $450 for that calendar month.

 

(v)        Where a new employee commences employment, KU Children’s Services shall advise the employee in writing of the employee's entitlements under this clause and of the action to be taken by the employee to obtain the benefit of those entitlements.

 

(vi)       Notwithstanding the date upon which an employee signs an application form, contributions in accordance with paragraph (i) of this subclause shall be made from the date when the employee became eligible for membership.

 

(d)        Records

 

KU Children’s Services shall retain all records relating to the calculation of payments due to the fund(s) in respect of each employee and such records shall be retained for a period of six years.

 

30.  Anti - Discrimination

 

30.1      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.

 

30.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award that parties have obligations to take all reasonable steps to ensure that he 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.

 

30.3      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.

 

30.4      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.

 

30.5      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.

 

31.  Disputes Avoidance and Grievance Procedures

 

(a)        The objective of these procedures is the avoidance and resolution of industrial disputation, arising under this award, by measures based on consultation, co-operation and negotiation.

 

(b)        Without prejudice to either party, the parties to this award shall ensure the continuation of work in accordance this award and custom and practice in KU Children’s Services Centres.

 

(c)

 

(i)         In the event of any matter arising under this award which is of concern or interest, the teacher shall discuss this matter with the Chief Executive Officer of KU Children’s Services or their nominee.

 

(ii)        If the matter is not resolved at this level, the teacher may refer this matter to the NSW Independent Education Union, who will discuss the matter with the Chief Executive Officer of KU Children’s Services or their nominee.

 

(iii)       If the matter remains unresolved, it shall be referred to the General Secretary of the NSW Independent Education Union or their nominee and the Chief Executive Officer of KU Children’s Services or their nominee for discussion and appropriate action.

 

(iv)       If this matter cannot be resolved at this level it may be referred to the Industrial Relations Commission of New South Wales or its successor.

 

(d)        Nothing contained in this procedure shall prevent the General Secretary of the NSW Independent Education Union or their nominee or the Chief Executive Officer of KU Children’s Services or their nominee from entering into negotiations at any level either at the request of a member or on their own initiative, in respect of matters in dispute should such action be considered conducive to achieving resolution of the dispute.

 

32.  Area, Incidence and Duration

 

(a)        This award shall apply to all teachers and directors as defined in clause 2, Definitions, employed by KU Children’s Services in New South Wales.

 

(b)        This award rescinds and replaces the Teachers (KU Children’s Services) (State) Award published 12 July 2002 (335 I.G. 76) as reviewed and varied pursuant to Section 19 of the Industrial Relations Act 1996, on 19 October 1999 published on 14 July 2000 (317 IG 27) and the changes made to the award  pursuant to the Award Review under section 19 (c) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 2005 take effect on and from 26 April 2005.

 

(c)        This award shall take effect from 22 August 2005and shall remain in force for a period of three years.

 

(d)        This award remains in force until varied or rescinded, the period for which it was made having expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay - Pre-School Centres

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

Classification/	Current	22 August 2005	22 August 2006	22 August 2007
		5%	4.5%	4%
		$	$	$
Incremental Salary Step
Three Year Trained
Teachers
Incremental Salary Step
Step 1	38,201	40,111	41,916	43,593
Step 2	40,141	42,148	44,045	45,807
Step 3	42,242	44,354	46,350	48,204
Step 4	44,180	46,389	48,477	50,416
Step 5	46,190	48,500	50,683	52,710
Step 6	48,420	50,841	53,129	55,254
Step 7	49,645	52,127	54,473	56,652
Step 8	50,845	53,387	55,789	58,021
Step 9	52,875	55,519	58,017	60,338
Step 10	54,990	57,740	60,338	62,752
Step 11	56,474	59,298	61,966	64,445
Four Year Trained
Teachers
Incremental Salary Step
Step 1	40,619	42,650	44,569	46,352
Step 2	43,135	45,292	47,330	49,223
Step 3	45,559	47,837	49,990	51,990
Step 4	48,248	50,660	52,940	55,058
Step 5	50,749	53,286	55,684	57,911
Step 6	52,874	55,518	58,016	60,337

 

 

Step 7	54,990	57,740	60,338	62,752
Step 8	57,372	60,241	62,952	65,470
Step 9	59,666	62,649	65,468	68,087

 

Table 2 - Rates of Pay - Long Day Care Centres

 

The following minimum annual salaries shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

Classification/	Current	22 August 2005	22 August 2006	22 August 2007
		5%	4.5%	4%
		$	$	$
Incremental Salary Step
Three Year Trained
Teachers
Incremental Salary Step
Step 1	39,725	41,711	43,588	45,332
Step 2	41,749	43,836	45,809	47,641
Step 3	43,931	46,128	48,204	50,132
Step 4	45,946	48,243	50,414	52,431
Step 5	48,038	50,440	52,710	54,818
Step 6	50,363	52,881	55,261	57,471
Step 7	51,630	54,212	56,652	58,918
Step 8	52,884	55,528	58,027	60,348
Step 9	54,991	57,741	60,339	62,753
Step 10	57,188	60,047	62,749	65,259
Step 11	58,729	61,665	64,440	67,018
Four Year Trained
Teachers
Incremental Salary Step
Step 1	42,242	44,354	46,350	48,204
Step 2	44,860	47,103	49,223	51,192
Step 3	47,381	49,750	51,989	54,069
Step 4	50,177	52,686	55,057	57,259
Step 5	52,780	55,419	57,913	60,230
Step 6	54,991	57,741	60,339	62,753
Step 7	57,188	60,047	62,749	65,259
Step 8	59,666	62,649	65,468	68,087
Step 9	62,051	65,154	68,086	70,809

 

Table 3 - Directors’ Allowances - Pre-Schools

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

Units	Current	22 August 2005	22 August 2006	22 August 2007
		10%	10%	10%
	$	$	$	$
1	5,297	5,827	6,410	7,051
2	6,254	6,879	7,567	8,324
3	7,566	8,323	9,155	10,071
4	9,212	10,133	11,146	12,261

 

Table 4 - Directors’ Allowances - Long Day Care Centres

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

Units	Current	22 August 2005	22 August 2006	22 August 2007
		10%	10%	10%
	$	$	$	$
1 to 6 employees	6,254	6,879	7,567	8,324
7 to 12 employees	7,566	8,323	9,155	10,071
13 to 16 employees	9,212	10,133	11,146	12,261
17 or more employees	10,002	11,002	12,102	13,312

 

Table 5 - Teacher in Charge Allowances - Pre Schools

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

Pre School	22 August 2005	22 August 2006	22 August 2007
	$	$	$
1	2,914	3,205	3,526
2	3,440	3,784	4,162
3	4,162	4,578	5,036
4	5,067	5,573	6,131

 

Table 6 - Teacher in Charge Allowances - Long Day Care Centres

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

 

	22 August 2005	22 August 2006	22 August 2007
Long Day Care	$	$	$
1	3,440	3,784	4,162
2	4,162	4,578	5,036
3	5,067	5,573	6,131
4	5,501	6,051	6,656

 

Table 7 - Other Rates and Allowances

 

Item	Clause	Brief Description	Amount
No.	No.		$
1	6(a)	Travelling Expenses	0.51 per kilometre of travel
2	7	Late Fee Allowance	20.00 per half hour or part thereof

 

PART C.

 

REDUNDANCY

 

1.1        This Part shall apply in respect of full-time and part-time persons employed in the classifications specified by the Award.

 

1.2        This Part shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

1.3        Notwithstanding anything contained elsewhere in this award, the provisions of this part 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.

 

1.4        This Part 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.

 

2.  Employers Duty to Notify and Discuss

 

2.1        Where an employer 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.

 

2.2        The employer shall discuss with the employees effected 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.

 

2.3        ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employers 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.

 

3.  Discussions Before Terminations

 

3.1        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

3.2        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 3.1 of this clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

3.3        For the purposes of the discussion the employer 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

4.  Notice for Changes in Production, Program, Organisation Or Structure

 

4.1        This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’ in accordance with clause 2 of this Part.

 

4.1.1     In order to terminate the employment of an employee, the employer shall give to the employee at least four weeks notice as prescribed in Clause 25 Terms of Engagement and Information to Teachers subclause (b) of the award.

 

4.1.2     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.

 

4.2        Notice for Technological Change

 

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘technology’ in accordance with clause 2 of this part.

 

4.2.1     In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

4.2.2     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.

 

4.2.3     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.

 

4.3        Time off during the notice period

 

4.3.1     During the period of notice of termination given by the employer 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 purposes of seeking other employment.

 

4.3.2     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.

 

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 employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

4.5        Statement of employment

 

The employer 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.

 

4.6        Notice to Commonwealth Employment Service

 

Where a decision has been made to terminate employees, the employer 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.

 

4.7        Department of Social Security Employment Separation Certificate

 

The employer 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.

 

4.8        Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in clause 2 of this part, 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 employer may at the employer’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.

 

5.  Severance Pay

 

5.1        Where an employee is to be terminated pursuant to clause 4 of this part, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

5.1.1     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

 

5.1.2     Where an employee is 45 years old 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	16 weeks
years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

5.1.3     ‘Weeks 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.

 

5.1.4     Where an employee is subject to a reduction of working hours of 6 or more hours per fortnight, the reduction will be treated as a partial redundancy.  A pro rata payment will be made in accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2 above.

 

5.2        Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1.

 

The 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 subclause 5.1 above will have on the employer.

 

5.3        Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1 if the employer obtains acceptable alternative employment for an employee.

 

ATTACHMENT A

 

CASUAL TEACHERS/DIRECTORS

 

RECORD OF CASUAL EMPLOYMENT

 

EMPLOYEE’S RECORD TO BE MAINTAINED BY EMPLOYEE

 

1.          Name:________________________________________________________________

 

2.          Number of years of training:____________________________________________

 

3.          Name of qualification:___________________________________________________

 

4.          Year of attainment of this qualification:_____________________________________

 

Period of engagement	No. of days/hours	Name, address and	Signed by Centre
(from date to date)	worked in total,	telephone number of	Director (signature, date
	classification, years	Centre	and name)
	trained and step

 

SCHEDULE A

 

Award and Variations Incorporated

 

 

Clause	Award/Variation	Date of	Date of Taking	Industrial
	Serial No.	Publication	Effect	Gazette
				Vol.      Page
Award	B5708	17 April 1998	16 May 1997	304	449

 

SCHEDULE B

 

Changes Made on Review

 

Date of Effect: 24 September 1999

 

(1)        Provisions Modified:

 

Award	Clause	Previous form of clause
		last Published at:
		Vol.	Page
Teachers (KU Children’s Services) (State) Award	4, Payment of Salary	304	4584
Teachers (KU Children’s Services) (State) Award	13, Hours of Work	304	465
Teachers (KU Children’s Services) (State) Award	17, Non-Contact Time	-	-
Teachers (KU Children’s Services) (State) Award	20, Bereavement Leave	304	474
Teachers (KU Children’s Services) (State) Award	21, Parental Leave	304	474
Teachers (KU Children’s Services) (State) Award	25, Terms of Engagement	304	476
Teachers (KU Children’s Services) (State) Award	Part B, Monetary Rates	304	480
Teachers (KU Children’s Services) (State) Award	27, Redundancy	-	-
Teachers (KU Children’s Services) (State) Award	28, Anti- Discrimination	-	-

 

(2)        Provisions Removed:

 

Award	Clause	Previous form of clause
		last Published at:
		Vol.	Page
Teachers (KU Children’s Services) (State) Award	3 (b) (ii) (iii) and(v)	304	454
Teachers (KU Children’s Services) (State) Award	15 (j)	304	469

 

Rescinded Obsolete Awards Related to this Award :

 

Award	Clause	Previous form of clause
		last Published at:
		Vol.	Page

 

 

 

 

M. SCHMIDT  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.