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New South Wales Industrial Relations Commission
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TEACHERS (CO. AS. IT.) (STATE) AWARD
  
Date02/23/2006
Volume357
Part2
Page No.471
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4310
CategoryAward
Award Code 977  
Date Posted02/23/2006

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(977)

(977)

SERIAL C4310

 

TEACHERS (CO. AS. IT.) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5177 of 2005)

 

Before The Honourable Justice Walton, Vice-President

9 December 2005

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Salary Scales

4.         Payment on Termination and Adjustment of Salary for Teachers who commence Employment after the School Service Date, Teachers who take Approved Leave Without Pay and Teachers whose Hours vary During the Course of a Year.

5.         Annual Holiday Loading

6.         Miscellaneous

7.         Union Representatives

8.         Sick Leave

9.         Carer's Leave

10.       Parental Leave

11.       Long Service Leave

12.       Other Leave

13.       Terms of Engagement

14.       Teacher Skill Development

15.       Suspension

16.       Disputes Procedure

17.       No Extra Claims

18.       Superannuation

19.       Anti-Discrimination

20.       Deduction of Union Membership Fees

21.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Table 2 - Other Rates and Allowances

 

PART C

 

Redundancy

 

2.  Definitions

 

For the purpose of this award:

 

(a)        "Teacher" means a person employed as such in a government or non-government school by the employer.

 

(b)        "Full-Time Teacher" means any teacher other than a casual, part-time, or temporary teacher.

 

(c)        "Part-Time Teacher" means a teacher who is engaged to work regularly, but for less than a full school week.

 

(d)        "Casual Teacher" means a teacher engaged on a casual basis for a period not exceeding one school term. Provided that such casual engagement may continue beyond one school term for a further one school term where the casual teacher is replacing a teacher absent for a period which extends beyond one school term (and such longer absence was not anticipated when the casual teacher was engaged).

 

(e)        "Temporary Teacher" means a teacher employed to work full-time or part-time for a specified period which is not more than a full school year, but not less than four school weeks; provided that a teacher:

 

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

 

(ii)        shall not be employed on successive temporary appointments except where each appointment is for a different purpose, and

 

(iii)       cannot be employed on a temporary basis unless any advertisement for the position stated the position was temporary and unless the teacher was advised at the point he or she was offered the position that it was temporary.

 

(f)         "Employer" means Co.As.It., the Italian Association of Assistance, a company limited by guarantee.

 

(g)        "Graduate" means a teacher who holds a degree from a recognised higher education institution.

 

(h)        "Equivalent Qualifications or Equivalent Course" means qualification or a course as the case may be which the employer and employee agree as being equivalent to the qualification or course prescribed by the clause in question in this award or which the Industrial Relations Commission of NSW determines as being so equivalent.

 

(i)         "Recognised School" means a school registered or established under the provisions of the Education Reform Act 1990 or any registered special school within the meaning of that Act or school for the disabled.

 

(j)         "Recognised Higher Education Institution" means:

 

(i)         an Australian university which is recognised by the relevant Australian tertiary education authority from time to time, or

 

(ii)        a former College of Advanced Education recognised by the Tertiary Education Commission.

 

(k)        One Year Trained Teacher" means:

 

(i)         a teacher who has satisfactorily completed the two years in-service course for secondary teachers at the Guild Teachers' College or who has satisfactorily completed the William Balmain teachers college course for supervisors of the developmentally delayed or who has satisfactorily completed a course of training of one year duration at a recognised higher education institution or has acquired other equivalent qualifications; or

 

(ii)        A teacher who is not Two, Three, Four or Five Years Trained nor conditionally classified Two, Three or Four Years Trained and who has completed 20 years of service.

 

(l)         "Two Years Trained Teacher" means:

 

(i)         a teacher who has satisfactorily completed a two years full-time course at a recognised higher education institution; or

 

(ii)        a teacher  who is a Two Years Conditionally Classified Teacher who in addition to the qualifications necessary for Two Years Conditionally Classified status has satisfactorily completed a two semester course of training for teacher/librarians conducted by a recognised higher education institution; or

 

(iii)       a teacher who is a One Year Trained Teacher who in addition to the qualifications necessary for One Year Trained status, has satisfactorily completed a two semester course of training for teacher/librarians conducted by a recognised higher education institution; or

 

(iv)       a teacher who has acquired other equivalent qualifications.

 

(m)       "Three Years Trained Teacher" means:

 

(i)         A teacher who has satisfactorily completed a three years full-time course at a recognised higher education institution; or

 

(ii)        A Two Years Trained Teacher who in addition has satisfactorily completed a two semester course of training for teacher/librarians conducted by a recognised college of higher education institution; or

 

(iii)       A teacher who is a Three Years Conditionally Classified Teacher who, in addition to the qualifications necessary to gain a Three Years Conditionally Classified status, has satisfactorily completed a two semester course of training for teacher/librarians conducted by a recognised higher education institution; or

 

(iv)       A teacher who, in addition to satisfying the requirements for classification as a Two Years Trained Teacher, has satisfactorily completed a course of study at a category UG2 or equivalent level; or

 

(v)        A person employed as a teacher/librarian who is eligible for Associate (Professional) Membership of the Library Association of Australia, but who is not a graduate; or

 

(vi)       A teacher who has acquired other equivalent qualifications.

 

(n)        "Four Years Trained Teacher" means:

 

(i)         A teacher who is a Graduate in Education (four years course); or

 

(ii)        A teacher who is a graduate who holds a Diploma in Education from a recognised higher education institution; or

 

(iii)       A teacher who is a graduate who has satisfactorily completed at least a one year full-time course at a recognised higher education institution, or who has acquired other equivalent qualifications; or

 

(iv)       A teacher who has satisfactorily completed a four years training course at a recognised higher education institution and the New South Wales Conservatorium of Music; or

 

(v)        A teacher who has satisfactorily completed a four years Diploma of Art Course that incorporates the equivalent of a one year full-time course at a recognised higher education institution; or

 

(vi)       A teacher who is a Three Years Trained Teacher other than a teacher to whom paragraph (ii) of subclause (m) of this clause applies, who in addition to the qualifications necessary for Three Years Trained status, has satisfactorily completed a two semester course of training for teacher/librarians conducted by a recognised higher education institution; or

 

(vii)      A teacher or librarian who, in addition to being a graduate has completed a two-semester course of training for teacher/librarians conducted by a recognised higher education institution; or

 

(viii)     A teacher or librarian who, in addition to being a graduate is eligible for Associate (Professional) Membership of the Library Association of Australia; or

 

(ix)       A teacher who, in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has satisfactorily completed a course of study at category PG1 or equivalent level; or

 

(x)        A teacher who has satisfactorily completed a Master of Teaching degree being a four years full-time course of study from a recognised higher education institution; or

 

(xi)       A teacher who has acquired other equivalent qualifications.

 

(o)        "Five Years Trained Teacher" means:

 

(i)         A teacher who has obtained a degree from a recognised higher education institution which requires a minimum of four years full-time study and who has, in addition, satisfactorily completed at least a one year full-time equivalent course in teacher education, including a Diploma of Education, at a recognised higher education institution; or

 

(ii)        A teacher who is a graduate and who, in addition:

 

(a)        obtains by study a Masters Degree or Doctorate, from a recognised higher education institution; and

 

(b)       satisfactorily completes at least a one year full-time equivalent course in teacher education, including a Diploma of Education, at a recognised higher education institution; or

 

(iii)       A teacher who has obtained other equivalent qualifications.

 

(p)        "Conditionally Classified, Two Years or Three Years Trained Teacher" means a teacher who has undertaken a two years or a three years course, as the case may be, at a New South Wales recognised higher education institution, or other equivalent course, and who has satisfactorily completed at least three-quarters of the course requirements, or who has acquired other equivalent qualifications; provided that a teacher who has satisfactorily completed a three years in-service course at the Guild Teachers' College shall be classified as a Three Years Conditionally Classified Teacher.

 

(q)        "Conditionally Classified Four Years Trained Teacher" means a teacher who is a graduate other than a graduate to whom subclause (n) of this clause applies.

 

(r)         "Senior Teacher - Level 1" means a Four Years or Five Years Trained teacher who has completed at least 12 months full-time service or its part-time equivalent on Step 13 and who has been awarded the classification by an employing authority.

 

(s)        "Category UG2 Level" means a course of study leading to a category UG2 Diploma Award as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, 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.

 

(t)         "Category PG1 Level" means a course of study leading to a category PG1 Graduate Diploma (at the 19.1 or 19.2 level) as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended) and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(u)        "Degree Course" means an undergraduate course of study at a recognised higher education institution of at least three years full-time duration, or its part-time equivalent.

 

(v)        "Union" or "Unions" either mean the New South Wales Independent Education Union and/or the New South Wales Teachers Federation.

 

3.  Salary Scales

 

3.1

 

(a)        The minimum annual rate of salary payable to full-time teachers shall be as set out in Table 1 - Wages Rates, of Part B, Monetary Rates.  Weekly salaries shall be ascertained by dividing the annual salaries by 52.14.

 

(b)        Four and Five Years Trained Teachers -

 

(i)         A Four Years Trained Teacher shall commence on Step 5 of the scale and progress according to normal years of service to Step 13 of the scale.

 

(ii)        A Five Years Trained Teacher shall commence on Step 6 of the scale and progress according to normal years of service to Step 13 of the scale.

 

(iii)       A Four Years Trained Teacher upon satisfying the requirements for classification as a Five Years Trained Teacher shall have his or her incremental position advanced one year with retention of normal incremental date and shall thereafter progress according to normal years of service.

 

(c)        Two Years Trained Teachers

 

(i)         A Two Years Trained Teacher shall commence on Step 2 of the scale and progress according to normal years of service to Step 9 of the scale.

 

(ii)        A Two Years Trained Teacher who by further study satisfactorily completes the equivalent of one year of full-time study of a degree course, shall be deemed a Three Years Trained Teacher and shall be paid an additional increment with retention of normal incremental date and shall thereafter progress in accordance with normal years of service to Step 13 of the scale.

 

(iii)       A Two Years Trained Teacher who has completed at least three years on Step 9 of the scale and who has completed 120 hours of professional development outside of school hours and pupil free days over a period of five years prior to the teacher's application for progression may apply for progression to Step 10 and thereafter progress to Step 13 after completion of two years' service on each of Step 10, Step 11 and Step 12 of the scale. The progression may be awarded by an employing authority in accordance with the provisions of subclause 3.4 of this clause.

 

(iv)      Such professional development, if it is to be considered for the purposes of subparagraph (iii) of this paragraph, must be deemed relevant to the Two Years Trained Teacher's employment by the employer

 

(d)        Three Years Trained Teachers

 

(i)         A Three Years Trained Teacher shall commence on Step 3 of the scale and shall progress according to normal years of service to Step 13 of the scale.

 

(ii)        A Three Years Trained Teacher, who by further study completes the equivalent of one year of full-time study of a degree course, shall have his or her salary advanced one increment with retention of normal incremental date and shall thereafter progress in accordance with normal years of service to Step 13 of the scale.

 

(e)        One Year Trained Teacher / Teacher Not Otherwise Classified 

 

A One Year Trained Teacher and a Teacher Not Otherwise Classified shall commence on Step 1 of the scale and progress according to normal years of service to Step 6 of the scale.

 

(f)         Conditionally Classified Two Years Trained Teacher

 

A conditionally Classified Two Years Trained Teacher shall commence on Step 2 of the scale and progress according to normal years of service to Step 6 of the scale; provided that a teacher shall after 15 years' service, progress to Step 7 of the scale and shall thereafter progress according to normal years of service to Step 9 of the scale.

 

(g)        Conditionally Classified Three Years Trained Teacher

 

A Conditionally Classified Three Years Trained Teacher shall commence on Step 3 of the scale and progress according to normal years of service to Step 6 of the scale; provided that a teacher shall, after 15 years' service progress to Step 7 of the scale and shall thereafter progress according to normal years of service to Step 9 of the scale.

 

(h)        Conditionally Classified Four Years Trained Teacher

 

A Conditionally Classified Four Years Trained Teacher shall commence on Step 5 of the scale and progress according to normal years of service to Step 9 of the scale; provided that a teacher shall after 15 years service, progress to Step 10 of the scale and shall thereafter progress according to normal years of service to Step 13 of the scale.

 

(i)         Teachers who were employed as at 31 December 1974 and whose salaries were adjusted to an appropriate step in the scale prescribed by the variation of the Teachers (Non-Government Schools and Pre-Schools) (State) Award, published on 10 September 1975 (198 I.G. 2429), shall be deemed then to have had the years of service and to have qualified by the said variation and to have progressed in salary thereafter in accordance with the award.

 

(j)         Previous Award Classification

 

(i)         Teachers employed immediately prior to the date of making of this award shall be deemed to be classified under this award at a level not less than that which applied under the previous award and shall be deemed to have years of service as at the date of making this award calculated in accordance with the provisions of the previous award.

 

(ii)        Provided that a Two or Three Years Trained teacher who has been paid at Step 9 for twelve months or more prior to 9 December 2005, shall progress to Step 10 from 9 December 2005.

 

3.2        Calculation of Service

 

For the purpose of this clause, any teacher if required by the employer so to do, shall upon engagement establish, to the satisfaction of the employer, the length of his or her teaching service in recognised schools or in schools certified or registered under the appropriate legislation in other States or Territories of the Commonwealth of Australia and the period so established shall be taken to be the length of such service, for the purpose of that employment.  For the purpose of calculating service:

 

(i)         Any employment as a full-time teacher (including employment as a temporary full-time teacher), shall be counted as service.

 

(ii)        The amount of service of a part-time teacher (including a temporary part-time teacher), shall be calculated by reference to the ratio which the number of hours taught by the teacher in any year bears to the normal number of hours taught by a full-time teacher at the school in the same year.

 

(iii)       Casual teachers shall be entitled to normal incremental progression on the basis of one increment for each total of 204 days of service.

 

(iv)      The employer will write to a teacher, where he/she has not supplied documentation to establish his/her length of service within two (2) weeks of commencing employment, to request the production of documentation to establish the length of such prior service.  Where a teacher provides such documentation within six (6) weeks from the date of receipt of the letter, payment at the appropriately determined rate of pay will be effective for the teacher’s commencement date.  If a teacher does not provide documentation within six (6) weeks, payment at the appropriately determined rate of pay will be effective from the date the employer receives such documentation from the teacher.  The employer may exercise its discretion where a delay in forwarding the documentation has occurred due to circumstances beyond the control of the teacher.

 

3.3        Progression (Completion of Qualifications)

 

(a)        The transfer to a higher salary step of a teacher who has completed a course of training which makes the teacher eligible to be so transferred and the further incremental progression of such teacher on the salary scale shall be effected in accordance with this subclause.

 

(b)

 

(i)         A teacher seeking such transfer shall make application in writing to the employer and shall attach to such application documentary evidence establishing that the teacher has had or will have conferred on him or her the diploma, degree or equivalent recognition of the completion of the course of training which makes the teacher eligible to transfer.

 

(ii)        Where an application is made under subparagraph (i) of this paragraph which establishes that a teacher is eligible to transfer to a higher salary step, such transfer shall take effect:

 

(A)       From the beginning of the first pay period to commence on or after the date the teacher undertook the last paper in the final examination in the course of training which creates the eligibility for transfer, or from the beginning of the first pay period to commence on or after the date of completion of formal course requirements, whichever is the later; provided that the application for transfer is received by the employer no later than the first school day of the school term following the completion of such course of training; or

 

(B)       Where the application for transfer is not received by the employer within the time specified in section (A) of this subparagraph, from the beginning of the first pay period to commence on or after the date on which the employer receives such application;

 

(iii)       A teacher who is transferred to a higher salary step in accordance with this subclause, shall, for the purpose of further incremental progression after such transfer, retain his or her normal salary incremental date.  Provided that if the transfer of the teacher to the higher salary step coincides with the teacher's normal salary incremental date, the increment shall be applied prior to the teacher being transferred to the higher step.

 

(c)        A teacher who is Two Years Trained, Three Years Trained or Four Years Trained, who completes a course of training which entitles the teacher to be classified as Three Years Trained, Four Years Trained or Five Years Trained, as the case may be, shall progress to the step on the salary scale which shall be determined by the teacher's years of service on the lower classification and the teacher's new qualifications and the teacher shall retain his or her normal incremental salary date.

 

(d)        A teacher who is Conditionally Classified Two Years Trained, Conditionally Classified Three Years Trained, Conditionally Classified Four Years Trained, One Year Trained or Not Otherwise Classified and who completes a course of training which entitles the teacher to be classified to a higher classification, shall progress to the step on the salary scale which is determined by the teacher's new qualifications and such step as is closest to the teacher's salary prior to progressing and which shall result in an increase in the teacher's salary.

 

3.4        Senior Teacher - Level 1

 

(a)        A Four or Five Years Trained teacher who has completed 12 months on Step 13 of the scale may apply to be classified as a Senior Teacher - Level 1, with salary as set out in Table 1 - Wages Rates, of Part B, Monetary Rates. A Two Years Trained Teacher who has completed three years on Step 9 of the scale may apply for further progression pursuant to subparagraph (iii) of paragraph (c) of subclause 3.1 of this clause.  A Three Years Trained teacher who has completed 12 months on Step 9 of the scale may apply for further progression pursuant to subparagraph (iv) of paragraph (d) of subclause 3.1 of this clause.

 

(b)        A teacher referred to in paragraph (a) of this subclause who, on application, is assessed by the employer as a highly skilled and competent teacher in accordance with the following criteria, shall be classified or progress as provided in paragraph (a) or (c) of this subclause:

 

(i)         Tertiary Study - Courses of study undertaken at an approved recognised higher education institution; or

 

(ii)        In-service - In-service accredited by the employer, which is conducted by the Department of School Education, the employer, an employer organisation, a professional association or other relevant body; and

 

(iii)       Professional Involvement - Participation in a wide range of professional activities at classroom, school, or community levels as follows:

 

(A)       Work Relating to Classroom Activities - Involvement in curriculum/ resource development and planning; involvement in reflective and adaptive classroom practice; including:

 

Knowledge and preparation of syllabus content;

 

Relevance of methodology used;

 

Class rapport, tone, discipline and motivation.

 

(B)       Involvement Beyond the Classroom - sharing and learning knowledge and skills with and from peers; involvement in co-operative planning.

 

A teacher should be assessed as highly skilled and competent on the basis of the teacher's professional involvement and shall have participated in a satisfactory level of in-service or tertiary study.

 

(c)        A Two or Three Years Trained Teacher who was assessed as a highly skilled and competent teacher pursuant to the provisions of the previous Award and who subsequently completes a course of training which makes the teacher eligible to be reclassified as Four or Five Years Trained pursuant to subclause 3.3, Progression (Completion of Qualifications), of this clause, shall also be classified as Senior Teacher Level 1 on such reclassification.

 

(d)        A recommendation for classification or progression pursuant to this subclause, if approved by the employer, shall take effect from the beginning of the first full pay period after the teacher is eligible for such classification or progression or from the date of application by the teacher, where such date is after the date on which the teacher becomes eligible.  In the case of a teacher who becomes eligible during a period of paid leave, such classification or progression shall take effect from the date of eligibility.

 

3.5        Payment Fortnightly

 

(a)        The salary payable to any teacher other than a casual teacher, pursuant to this clause, shall be payable fortnightly.

 

(b)        The salary payable to any teacher, pursuant to this clause, shall be payable at the election of the employer by either cash, cheque or Electronic Funds Transfer into an account nominated by the employee.

 

3.6        Payment of Part-Time, Temporary and Casual Teachers:

 

(a)

 

(i)         A part-time teacher, including a temporary part-time teacher, shall be paid at the same rate as a full-time teacher with the corresponding classification but in that proportion which the number of hours which are face to face teaching hours bear to 24 hours.

 

(ii)        No part-time teacher shall be required to attend work on any day on which he or she is not required to teach, except to attend occasional school activities as reasonably required.

 

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

 

(c)        The salary payable to a casual teacher shall be the appropriate rate in subclause 3.1 of this clause in accordance with years of full-time service, divided by 204 in the case of a daily payment, 408 in the case of a half-day payment, or as calculated in accordance with the formula set out in paragraph (d) of this subclause; provided that the maximum step payable shall be as follows:

 

Classification

Step

 

 

Four Years Trained

8

Three Years Trained

6

Two Years Trained

5

One Year Trained

2

Not Otherwise Classified

1

Conditionally Classified Four Years Trained

7

Conditionally Classified Three Years Trained

6

Conditionally Classified Two Years Trained

4

 

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

 

(d)        A casual teacher shall be paid for a minimum of half a day for each single engagement provided that where an engagement requires attendance on more than three days, which days are specified to the teacher prior to the first attendance, payment shall be calculated in accordance with the following formula:

 

5  x  Annual Salary

x

Periods Taught

204

 

Average number of periods which full-time teachers of

 

 

the school are normally required to teach per 5 day period.

 

(e)        Casual teachers shall be entitled to normal incremental progression for each total of 204 days of service.

 

3.7        Travelling Expenses

 

(a)        Where the use of a vehicle is required in connection with employment, other than for journeys between home and the usual place of employment, the teacher shall be paid an allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.  For the purpose of this paragraph, all travel between different places of work on the one day shall be reimbursed either by payment of a travelling allowance or pursuant to paragraph (b) of this subclause.

 

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

 

(c)        Where an employee is required to attend a place of employment other than the usual place of employment, all expenses above those usually incurred by the employee in travelling from home to work and work to home shall be reimbursed.

 

3.8        Payment for Supervision of Student Teachers

 

Where supervision of the teaching of a student teacher is required as a part of duty, the teacher shall receive all payments made by the Student Teachers' Training Institution for such supervision.

 

3.9        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 where necessary and appropriate, discussion between the respective union and the employer.

 

4.  Payment on Termination and Adjustment of Salary for Teachers Who Commence Employment After the School Service Date, Teachers Who Take Approved Leave Without Pay and Teachers Whose Hours Vary During the Course of a Year.

 

4.1        This clause will apply:

 

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

 

(b)        notwithstanding any other provisions in this award.

 

4.2        The provisions of this clause shall apply where:

 

(a)        a teacher's employment ceases;

 

(b)        a teacher commences employment after the School Service Date;

 

(c)        where a teacher takes approved leave without pay; or

 

(d)        where the hours which a teacher normally teaches at a school have varied since the School Service Date ("a teacher whose hours have varied"), and

 

payments shall be made to such teachers by application of the formula prescribed by either paragraph (a) or paragraph (b) of subclause 4.3 of this clause, as appropriate, and, if relevant, by the application of the provisions of subclauses 4.5, 4.6 and 4.7 of this clause in combination.

 

4.3

 

(a)        Calculation of Payments

 

Payments made pursuant to this clause to a teacher whose hours have varied 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 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 school for less than one year).

 

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

 

P

=

s  x  (t  x  c  -  d)

 

 

b

 

Where:

 

P          is the payment due;

 

s          is an amount equivalent to a week's salary (including allowances) of the teacher at the date of application of the formula;

 

t           is the number of term weeks, or part thereof, worked by the teacher since the School Service Date;

 

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 number of non-term weeks, or part thereof, worked by the teacher since the School Service Date.

 

(c)        For the purposes of this clause:

 

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

 

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

 

4.4        Termination of Employment

 

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

 

4.5        Teachers who commence Employment after the commencement of the School Year

 

(a)        A teacher who commences employment after the usual date of commencement at a school in any school year, shall be paid from the date the teacher commences;  provided that, at the end of Term IV or final semester in that year, the teacher shall be paid an amount calculated pursuant to subclause 4.3 of this clause and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term 1 or first semester in the following school year.

 

(b)        In each succeeding year of employment, the anniversary of appointment of the teacher for the purpose of this clause shall be deemed to be the School Service Date.

 

4.6        Teachers Who Take Approved Leave Without Pay

 

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

 

(a)        If the leave without pay commences and concludes in the same school year:

 

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

 

(ii)        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 (c) of this subclause.

 

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

 

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

 

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

 

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

 

(i)         pursuant to section (B) of subparagraph (ii) of paragraph (a) of this subclause; or

 

(ii)        in circumstances where, with the agreement of the employer, a teacher who has been paid pursuant to subparagraph (i) of paragraph (b) of this subclause returns from leave during the school year in which the leave commenced and notwithstanding that as a result did not in total exceed 20 pupil days, shall be determined by:

 

(A)       applying the formula as set out in subclause 4.3 of this clause as if no payment had been made to the teacher pursuant to section (A) of subparagraph (ii) of paragraph (a) of this subclause  or subparagraph (i) of paragraph (b) of this subclause; and

 

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

 

(d)        Notwithstanding the provisions of paragraph (a) of subclause 4.1 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.

 

4.7        Teachers Whose Hours Have Varied -

 

Where the hours which a teacher normally teaches have varied since the School Service Date in any school year and the teacher's employment is to continue in the next school year, the teacher shall be paid at the conclusion of Term IV or final semester of that year in accordance with the formula provided in paragraph (a) of subclause 4.3 of this clause and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term 1 or the first semester in the following school year.

 

5.  Annual Holiday Loading

 

5.1        Subject to subclause 5.6 of this clause, where a teacher other than a casual teacher, is given and takes annual holidays commencing at the beginning of the school summer vacation each year, the teacher shall be paid an Annual Holiday Loading calculated in accordance with this part.

 

5.2        The loading shall be payable in addition to the pay payable to the teacher for the period of the school vacation.

 

5.3        The loading shall be calculated:

 

(a)        in relation to such period of a teacher's annual holiday as is equal to the period of annual holiday to which the teacher is entitled for the time being under the Annual Holidays Act 1944 at the end of each year of employment; or

 

(b)        where relevant, the period of annual leave calculated under subclause 5.6.

 

5.4        The loading shall be the amount payable for the period specified in subclauses 5.3 or 5.6 of this clause, at the rate of 17½ per cent of the weekly equivalent of the teacher's annual salary.

 

5.5        For the purposes of this clause, "salary" shall mean the salary payable to the teacher at first day of December of the year in which the loading is payable.

 

Provided that where subclause 5.6 of this clause applies, "salary" shall mean the salary payable immediately prior to the payment made to the teacher pursuant to paragraph (b) of subclause 4.3 of clause 4.

 

5.6        Where a teacher receives a payment pursuant to paragraph (b) of subclause 4.3 of clause 4, including the case where a teacher's employment is terminated by the employer during the 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 he or she would be entitled to for the full school year as is equal to  the fraction which the number of school weeks worked by the teacher in that year bears to the number of school weeks he or she would be normally be required to work in a full school year.

 

6.  Miscellaneous

 

A teacher shall be entitled to a minimum of 30 consecutive minutes as a luncheon break during which period a teacher shall not be required to hold meetings, supervise, teach, participate in cultural or academic activities, or travel.

 

7.  Union Representatives

 

7.1        The respective Union Representative shall be permitted in working hours (other than timetabled teaching time) to interview the employer on union business.  Such interview shall take place at a time and place convenient to both parties.

 

7.2        Meetings of union members may be held on the premises of the employer at times and places reasonably convenient to both union members and the employer, including at lunchtime or immediately before or after meetings of teachers or professional development activities while a number of teachers are in attendance.

 

8.  Sick Leave

 

8.1        Any full-time, temporary or part-time teacher shall be entitled to paid sick leave in respect of any absence on account of illness or injury, subject to the following conditions and limitations:

 

(a)        During the first year of service with the employer the period of sick leave shall not exceed five days in any term, but any sick leave not taken in any term may be taken during the remainder of the said year;

 

Provided that the maximum sick leave which may be taken during the first year of service shall not exceed 15 days;

 

And provided further that a temporary teacher shall be entitled to sick leave in accordance with the provisions of this paragraph, and in that proportion of 15 days which the period of appointment of the teacher bears to the school year of the school at which he or she is employed.

 

(b)        After the first year of service with the employer, the period of sick leave shall, subject to subclause 8.2 of this clause, not exceed in any year of service 22 working days on full pay, followed by 22 working days on half pay.

 

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

 

(d)        A teacher shall not be entitled to paid sick leave unless he or she notifies the employer of the school (or such other person deputised by the employer), prior to the commencement of the first organised activity at the school on any day, of the nature of the illness and of the estimated duration of the absence;

 

Provided that paid sick leave shall be available if the teacher took all reasonable steps to notify the employer or was unable to take such steps.

 

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

 

(f)         Notwithstanding the provisions of paragraph (a) of this subclause, the sick leave entitlement of a part-time teacher shall be in that proportion which the number of teaching hours of that teacher in a full school week bears to 24 hours.

 

8.2        Sick leave shall accumulate from year to year as follows:

 

(a)        Untaken sick leave entitlement in the first year of service with the employer shall not be accumulated.

 

(b)        Untaken sick leave in the second year of service with the employer and thereafter of up to 20 days on full pay and 20 days on half pay per year shall be accumulated to a maximum of four years of service;

 

Provided that an employee shall only be entitled to the sick leave accumulated in respect of the four years of continuous service immediately preceding the current year of service.

 

(c)        The maximum accumulation shall not exceed 80 days on full pay and 80 days on half pay.

 

(d)        Accumulated sick leave days on full pay shall be taken prior to accumulated sick leave days on half pay.

 

(e)        Sick leave which accrues to a teacher at the commencement of a year of service pursuant to subclause 8.1 of this clause shall be taken prior to the taking of any sick leave which the teacher has accumulated in accordance with this subclause.

 

(f)         A part-time teacher shall accumulate sick leave entitlements pursuant to the provisions of this subclause in that proportion which the number of teaching hours in a full school week bears to the number of teaching hours that a full-time teacher at the school is normally required to teach.

 

9.  Carer’s Leave

 

9.1        Use of Sick Leave

 

(a)        A teacher, other than a casual teacher, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs their care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 8, 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 teacher shall, if required, establish, 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 teacher being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(1)        a spouse of the teacher; or

 

(2)        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

 

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

 

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

 

(5)        a relative of the teacher who is a member of the same household where, for the purposes of this paragraph:

 

(A)       "relative" means a person related by blood, marriage or affinity;

 

(B)       "affinity" means a relationship that one spouse, because of the marriage has to blood relatives of the other; and

 

(C)       "household" means a family group living in the same domestic dwelling.

 

(d)        A teacher shall, wherever practicable, give the employer notice prior to the absence of the intention to take the leave, the name of the person requiring care and that person’s relationship to teacher, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity of the day of absence.

 

9.2        Unpaid Leave for Family Purpose

 

(a)        A teacher may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of subclause 9.1 of this clause, who is ill.

 

9.3        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 time 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.

 

9.4        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)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

9.5        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.

 

9.6        Grievance Process

 

(a)        In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with the dispute settling provisions of this award.

 

10.  Parental Leave

 

10.1      Maternity Leave

 

(a)        A teacher who applies for and is granted maternity leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996, and commences maternity leave on or after 30 January 2006, shall be entitled to a maternity allowance calculated in accordance with this sub-clause.

 

(b)        The maternity allowance shall be equivalent to twelve (12) weeks salary at the rate the teacher would have received on the day the teacher commenced maternity leave, if the teacher had not taken maternity leave

 

(c)        The teacher may elect to be paid during the period of paid leave in paragraph (b) of this sub-clause either in accordance with the usual employer payment schedule or as a lump sum payment in advance.  In addition, if the teacher requests, the payment may be partially paid at half pay for a period of up to 24 weeks.

 

(d)        Where a teacher applies for a lump sum payment in advance under paragraph (c) of this sub-clause, the teacher shall give the employer at least two week’s notice of intention.

 

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

 

(i)         six weeks before the anticipated date of birth, or

 

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

 

(iii)       if the teacher has not commenced maternity leave at the time referred to in (i), when the teacher commences leave.

 

(f)         If a teacher has commenced maternity leave and subsequently the teacher’s pregnancy results in a miscarriage or a still birth, the teacher shall be entitled to retain payment in accordance with this clause equivalent to salary for the period of maternity leave taken by the teacher.

 

(g)        The parties agree to review the effect of this clause in the event of any legislation by either the Federal or State Government which provides a maternity allowance or similar payment, however named, or in the event that the operation of this clause is found to be discriminatory by an anti-discrimination tribunal.

 

(h)        A teacher on maternity leave in accordance with this clause will not be employed as a casual employee by the employer during such paid leave.

 

(i)         Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.

 

(j)         If a teacher is absent on a period of maternity leave and intends to apply for a new period of maternity leave in connection with the birth of another child to commence immediately after the last day of the current period of maternity leave, she must do so in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996.

 

Notation

 

(i)         The employer is of the view that maternity 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.

 

(ii)        In order to facilitate the desirable practice referred to in paragraph (i) of this notation, the employer is prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the said Act should the employee agree to return from maternity leave at the commencement of the term immediately following the maximum period of leave required to be afforded by that Act.

 

(iii)       Transitional Arrangements - For the purpose of paragraph (a) of this subclause, maternity leave commences on or after 30 January 2006 if the first day off work due to maternity leave is on or after 30 January 2006.

 

10.2      Adoption Leave

 

(a)        A teacher who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and is granted such leave by the employer in accordance with these provisions, shall be entitled to payment of an adoption allowance under the same (or comparable) conditions as those set out in this clause in relation to maternity allowances.  Provided further that adoption leave shall only be payable in respect of one adopting parent of a child.

 

(b)        Further, a teacher shall also be entitled to one day’s leave with pay for the purpose of adopting any child provided that he or she is not also entitled to payment of an adoption allowance pursuant to paragraph (a) of this sub-clause.

 

10.3      Paternity Leave

 

(a)        A teacher 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.

 

(b)        In addition to the entitlement in paragraph 10.3(a), a teacher shall be entitled, subject to this sub-clause, to take paternity leave in one continuous period not exceeding two weeks.  Such leave shall be deducted from, and shall not exceed, the teacher’s entitlement to Carer's Leave pursuant to clause 9 of this award. 

 

(c)        The teacher shall be entitled to take such paternity leave in the four weeks before the date or expected date of the birth of the child and not later than four weeks after the birth of the child, provided that the employer may, in exceptional circumstances, request the teacher to take leave at a time outside the period specified in this paragraph.  If the teacher chooses to agree to the employer’s request, such agreement shall be recorded in writing. Where the teacher does not agree, the leave shall be taken in accordance with this paragraph.

 

(d)        The entitlement to paternity leave in paragraphs 10.3(a) and (b) is inclusive of, and not in addition to, the teacher’s entitlement to take unpaid paternity leave in accordance with the Industrial Relations Act 1996.

 

(e)        The teacher must, at least 4 weeks before proceeding on leave pursuant to paragraph 10.3(b) above, give written notice of the dates on which he proposes to start and end the period of leave. The proposed dates may be varied by further written notice, subject to the provisions of paragraph 10.3(c) above.

 

11.  Long Service Leave

 

11.1      Applicability of Long Service Leave Act 1955

 

Except in so far as expressly varied by the provisions of this clause, the provisions of the Long Service Leave Act 1955, shall apply to teachers employed under this award.

 

11.2      Quantum of Leave

 

Subject to subclause 11.3 of this clause, the amount of long service leave to which a teacher shall be entitled shall;

 

(a)        In the case of a teacher who has completed at least ten years service with the same employer be:

 

(i)         in respect of ten years service so completed 13 weeks; and

 

(ii)        in respect of each additional five years of service with the employer since the teacher last became entitled to long service leave, ten weeks; and

 

(iii)       on the termination of the teacher's employment, in respect of the number of years service with the employer completed since the teacher last became entitled to an amount of long service leave, a proportionate amount on the basis of two weeks for one years service.

 

(b)        In the case of a teacher who has completed with the employer seven years service but less than ten years, and whose services are terminated or cease for any reason, be a proportionate amount on the basis of 11.5 weeks for ten years service.

 

(c)        In the case of a teacher who has completed with an employer at least five years service as an adult, and whose services are terminated by the employer for any reason other than the teacher’s serious and wilful misconduct, or by the teacher on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the teacher, be a proportionate amount on the basis of 11.5 weeks for ten years service (such service to include service with the employer as an adult and otherwise than as an adult).

 

11.3      Calculation of Entitlement

 

In the case of a teacher whose service with the employer began before 1 September 2005, and whose service would entitle the teacher to long service leave under this clause, the amount of long service leave to which such teacher shall be entitled shall be the sum of the following amounts:

 

(a)        The amount calculated on the basis of the provisions of the Long Service Leave Act 1955 in respect of the period of service before 1 August 1985; and

 

(a)        An amount calculated on the basis of the provisions of Clause 11 of the Teachers (Co.As.It) (State) Award that was in effect from 1 August 1985 to 31 August 2005, in respect of the period of service between and including these dates; and

 

(c)        An amount calculated on the basis of the provisions of this Clause after 31 August 2005.

 

11.4      Conditions of Taking Leave

 

(a)        Where a teacher has become entitled to long service leave in respect of the teacher's service with the employer, the employer shall give to the teacher and the teacher shall take the leave as soon as practicable, having regard to the needs of the employer; provided always, that unless the employer otherwise agrees, the teacher shall give not less than two school terms notice of the teacher's wish to take leave; and further provided that the employer shall give the teacher not less than two school terms' notice of any requirement that such leave be taken.

 

(b)        Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to and following the period of long service leave.

 

(c)        Where a teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with paragraph (b) of this subclause, the conditions of that paragraph shall apply, provided nothing in this paragraph shall affect the provisions of subclause 4.6 of clause 4.

 

(d)        Where long service leave is not taken in full term periods or in accordance with paragraph (c) of this subclause it will be inclusive of pupil vacations.

 

(e)        Where a teacher is entitled to an amount of long service leave which is in excess of a school term the teacher may elect not to take that part of the long service leave which is in excess of a term (the deferred leave), until such time as the teacher accumulates further entitlements which when, taken together with the deferred leave, enables long service leave to be taken for a whole term.

 

11.5      Subject to the provisions of this clause, any long service leave shall be inclusive of any pupil vacation periods falling within the period of such leave, but shall not include any public holidays falling within the period of such leave.

 

11.6      The service of a teacher with the employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking parental leave (including paid and unpaid leave in accordance with clause 10 Parental Leave) or other approved leave without pay but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

 

12.  Other Leave

 

12.1      Bereavement Leave

 

A teacher shall on the death of a spouse, father, mother, father-in-law, mother-in-law, grand parent, brother, sister, child, stepchild or grandchild of the teacher, be entitled to paid leave up to and including the day of the funeral of such relative.  Such leave shall not exceed three school days.

 

A teacher may be required to provide the employer with satisfactory evidence of such death.

 

Bereavement leave shall be available to the teacher in respect of the death of a number of employee’s immediate family of household as defined in clause 9, Carer’s Leave.

 

A teacher shall not be entitled to bereavement leave under this subclause during any period of which the teacher has been granted other leave.

 

Bereavement leave may be taken in conjunction with other leave available under subclauses 9.2, 9.3, 9.4 and 9.5 of the said clause 9.  In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operational requirement of the business.

 

12.2      Military Reserve Leave

 

A teacher who is a member of the Australian Military Reserve or other Australian military forces shall be granted unpaid leave for the purpose of attending any compulsory camp or posting.

 

12.3      Examination Study Leave

 

Any teacher who for the purpose of furthering teacher training, enrols in any course at a recognised higher education institution, shall be granted leave:

 

(a)        with pay on the day of any examination required in the course; and/or

 

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

 

12.4      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 school.

 

(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.

 

13.  Terms of Engagement

 

13.1      The employer shall provide a teacher (other than a casual teacher) on appointment with a letter stating inter alia the classification and rate of salary as at appointment, the normal teaching load that will be required, and an outline of superannuation benefits available to teachers at the school.

 

13.2      The employment of any teacher (other than a casual teacher) shall not be terminated without at least four school term weeks notice on either side, or the payment of, or forfeiture, of four weeks' salary in lieu of notice.  Provided that such four weeks' notice shall expire within the school term during which it is given and shall expire either:

 

(a)        at the end of the said school term; or

 

(b)        at least two weeks before the end of the said school term.

 

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

 

13.4      Upon the termination of service of a teacher (other than a casual teacher), the employer shall provide a statement of service setting out the length of service, the number of classes and range of subjects taught, the promotions positions held and any special and/or additional duties performed by such teacher.

 

13.5      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 the engagement, provided such request is made during or on termination of the casual engagement.

 

13.6      The employer may direct a teacher to carry out such duties as are within the limits of the teacher's skill, competence and/or training.

 

14.  Teacher Skill Development

 

14.1      Induction

 

A teacher in his or her first year of experience shall participate in an induction process of one year's duration; provided that, in certain circumstances, the teacher and the employer may agree that the teacher should participate in the induction process for a further year.

 

The induction process shall be determined by the employer in consultation with the teacher to assist the teacher's professional development which shall be reviewed regularly throughout the year.

 

The employer shall provide a written statement to the teacher not later than four weeks before the end of the school year outlining the teacher's progress and development.  Such statement may form part of a teacher's portfolio pursuant to subclause 14.2 of this clause.

 

14.2      A teacher may request and be given from time to time by the employer appropriate documentation as evidence of the teacher's professional development and experience.  These documents may, if the teacher wishes, form a portfolio which shall remain the property of the teacher.

 

14.3      Where the employer considers that a problem exists in relation to the teacher's performance the employer shall not use any agreed teacher development process in substitution for, or as alternative to, in whole or in part, procedures which apply to the handling of such problems.

 

14.4      A teacher returning to teaching after an absence of five or more years shall be offered support through an induction process as provided for in subclause 14.1 of this clause, with appropriate modification and shall be expected to participate as appropriate.

 

15.  Suspension

 

Notwithstanding any of the provisions in this award, the employer may suspend a teacher with or without pay while considering any matter which, in the view of the employer, could lead to the teacher's summary dismissal.  Suspension without pay shall not be implemented by the employer without prior discussion with the teacher and shall not, except with the teacher's consent, exceed a period of four weeks.

 

16.  Disputes Procedure

 

16.1      This procedure will cover both individual and collective grievances.  The aim is to resolve problems that arise as close to the source as possible with graduated steps for further discussion and resolution at higher levels of authority as necessary.

 

Step 1:             The matter shall be discussed between the teacher and the Principal of the school, or immediate supervisor of the employee within Co.As.It., depending on the nature of the problem.  If the matter remains unresolved, follow Step 2.

 

Step 2:             The matter shall be discussed between the employee(s), and his/her representative (if applicable), and the nominated person responsible for personnel issues within Co.As.It.

 

Step 3:             The matter may be referred by the employee or Co.As.It., respectively, to the respective union or unions or Employers’ First for further discussions.

 

Step 4:             The matter may be referred by either party to the Industrial Relations Commission of NSW.

 

The procedures require

 

(i)         reasonable time limits to be set for discussion at each stage, with all relevant facts clearly identified and recorded;

 

(ii)        without prejudice to either party, normal work to continue while the procedure is being followed;

 

(iii)       if the matter has not been resolved at the conclusion of the discussion, the employer must provide a response to the employee’s grievance, including reasons for not implementing any proposed remedy;

 

(iv)       in a dispute between the employer and employees, each party may be presented by their respective industrial representative.

 

16.2      Dispute Procedure (Performance)

 

This procedure shall be adopted where problems arise with respect to the performance of duties by a teacher.

 

(i)         Normal procedures:

 

(a)        all problems which arise in relation to a teacher may be discussed within the workplace between the teacher and his or her supervisor, with a view to their resolution.  In the case of a more serious problem, it may be discussed between the employee and the nominated person responsible for personnel issues within Co.As.It..

 

(b)       It is not essential for all problems to be brought to the teacher’s attention in writing.

 

(c)        Where a problem has been brought to the attention of the supervisor of the teacher on a written complaint from another member of staff of Co.As.It., a member of staff of the school at which the teacher is employed or another person, then the teacher is to be given an opportunity to respond.

 

(d)       In any such interview, the supervisor will inform the teacher of the nature of the problem and the teacher is to be given an opportunity to respond.

 

(e)        Any such matters discussed (whether regarded at that stage as having been satisfactorily resolved or not) may again become relevant where the problem continues to exist or if further problems develop.

 

(ii)        Dispute Procedure

 

The following procedures are adopted when normal procedures do not work and the employer judges it necessary to formally warn, censure, reprimand or dismiss the teacher:

 

(a)        The teacher shall be interviewed in relation to the matter.  The teacher may request another teacher to accompany him or her who may be a union representative in the workplace and the supervisor may have present another person who could be the person responsible for personnel issues within Co.As.It.

 

(b)       Any formal warnings, censure or reprimand to the teacher must be followed up in writing to the teacher, and a copy placed on the teacher’s file.

 

(c)        Any specific instructions to the teacher, as well as any strategies to assist the teacher to overcome the problem and the period of time in which those strategies are expected to lead to a resolution of the problem, are to be confirmed in writing to the teacher, and a copy placed on the teacher’s file.

 

(d)       The teacher shall, wherever possible, be given twenty-four hours notice of the interview and the subject of the interview.

 

(e)        There may be a second interview in relation to the matter in accordance with the above procedures.

 

(f)        Following any such later interview the teacher will be advised in writing, within five working days, of any disciplinary action to be taken, whether there will be a review of the teacher’s performance at a later date and whether any other steps will be taken by the employer.

 

(g)       If there is to be a review at a later date, the teacher will be advised in writing of the aspect of his or her performance which will be reviewed, the improvements required, the method of review the name(s) of the person(s) who will conduct the review, the time of the review and nature of any assistance to the teacher during the review. At the end of the period of review, the teacher will be advised in writing of the outcome of the review - that is, that the review has been satisfactorily completed by the teacher, that the review will be extended or that the required improvement in performance has not been achieved.

 

17.  No Extra Claims

 

17.1      Subject to subclause 17.2, it is a term of this award that the unions undertake not to pursue any extra claims, award or over award, during the currency of this award.  However the parties agree to commence negotiations towards a new award from six months before the expiration of this award.

 

17.2      The Unions may pursue extra claims only to flow on any benefits provided for by the Family Provisions Case, before the Industrial Relations Commission of NSW when this Award was made.

 

18.  Superannuation

 

18.1      Definitions For the purposes of this clause:

 

(a)        "Basic earnings" shall mean:

 

(i)         the minimum annual rate of salary prescribed from time to time for the employee by Clause 3 Salary Scales; and

 

(ii)        the amount of any payment made to the employee pursuant to clause 4.

 

(b)        "Employee" means a teacher to whom this award applies.

 

(c)        "Employer" means the employer of a teacher to whom this award applies.

 

(d)        "Fund" means:

 

(i)         the New South Wales Non-Government Schools Superannuation Fund; and

 

(ii)        any other superannuation fund approved in accordance with the Commonwealth operational standards for occupational superannuation funds which the employee is eligible to join and which is approved by the employer as a fund into which an employee of that employer may elect to have the employer pay contributions made pursuant to this award, in respect of that employee.

 

(e)        "Casual" means a casual employee as defined in clause 2, Definitions.

 

18.2      Fund

 

The New South Wales Non-Government Schools Superannuation Fund shall be made available to each employee.

 

18.3      Benefits

 

(a)        Except as provided in paragraphs (c), (d) and (f) of this subclause, the employer shall, in respect of each employee employed by it, pay contributions into a fund to which the employee is eligible to belong; and, if the employee is eligible to belong to more than one fund, the fund nominated by the employee, at the rate of nine (9) percent of the employee's basic earnings, or as determined by the Superannuation Guarantee (Administration) Act 1992 (Cth), or its successor.

 

(b)        Subject to paragraph (f) of this subclause, contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements prescribed by the relevant fund or as trustees of the fund may reasonably determine.

 

(c)        The employer shall not be required to make contributions pursuant to this award in respect of an employee in respect of a period when that employee is absent from his or her employment without pay.

 

(d)        Contributions shall commence to be paid from the beginning of the first pay period commencing on or after the employee's date of engagement.

 

(e)        The employee shall advise the employer in writing of the employee's application to join a fund pursuant to this award.

 

(f)         The employer shall make contributions pursuant to this award in respect of:

 

(i)         casual employees who earn in excess of $1,437.00 during their employment with that employer in the course of any year, running from 1 July to the following 30 June (all such casual employees are hereinafter called "qualified employees"); and

 

(ii)        qualified employees in each ensuing year of employment with the employer.

 

Such contributions shall be made in respect of all days worked by the employee during that year and shall be paid by the employer to the relevant fund at the time of issue to the employee of his or her annual group certificate, provided that prior to the immediately preceding 30 June the employee has applied to join a fund.

 

(g)        Where the employer approves a fund, other than the Non-Government Schools Superannuation Fund, as one to which the employer will pay contributions in respect of its employees or a class or classes of such employees, the employer shall notify its employees of such approval and shall, if an employee so requests, provide the employee with a copy of the Trust Deed of such fund and of a letter from the Insurance and Superannuation Commissioner, granting interim or final listing to the fund, at a cost of 80 cents per page of such copies.

 

(h)        When a new employee commences in employment, the employer shall advise the employee in writing of the employee's entitlements under this award within two weeks of the date of commencement of employment and also of the provisions of paragraph (f) of this subclause in the case of a casual employee.

 

18.4      Transfers between Funds

 

If an employee is eligible to belong to more than one fund, the employee shall be entitled to notify the employer that the employee wishes the employer to pay contributions in respect of the employee to a new fund; but, shall not be entitled to do so within three years after the notification made by the employee pursuant to paragraph (e) of subclause 18.3 of this clause, nor within three years after the last notification made by the employee pursuant to this clause.  The employer shall only be obliged to make such contributions to the new fund where the employer has been advised in writing:

 

(a)        of the employee's application to join the other fund; and

 

(b)        that the employee has notified the trustees of the employee's former fund that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that fund.

 

19.  Anti-Discrimination

 

19.1      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.

 

19.2      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 the operations of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

19.3      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.

 

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

 

(a)        any conduct or act which is specifically exempted by anti discrimination legislation:

 

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

 

(c)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

19.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56 (d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

20.  Deduction of Union Membership Fees

 

20.1      The unions shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the unions in accordance with the unions’ rules.

 

20.2      The unions shall advise the employer of any change to the amount of fortnightly membership fees made under their rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

20.3      Subject to (20.1) and (20.2) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the respective union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

20.4      Monies so deducted from employees’ pay shall be forwarded regularly to the respective union, together with all necessary information to enable the unions to reconcile and credit subscriptions to employees’ union membership accounts.

 

20.5      Unless other arrangements are agreed to by the employer and the unions, all union membership fees shall be deducted on a fortnightly basis.

 

20.6      Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

21.  Area, Incidence and Duration

 

21.1      This award rescinds and replaces the Teachers (Co.As.It.) (State) Award published 30 April 2004 (344 I.G. 205).

 

21.2      It shall apply to all teachers employed by Co.As.It. in any government or non-government school established or registered under the provisions of the Education Reform Act 1990 in the State.

 

21.3      It shall take effect from 7 October 2005 and shall remain in force until 30 June 2008.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Step

Current

1.5% increase

2.5% increase

4% increase

4% increase

 

Salary

7 October

30 January

29 January

29 January

 

 

2005

2006

2007

2008

 

$

$

$

$

$

1

33,255

33,754

34,598

35,982

37,421

2

35,412

35,943

36,842

38,315

39,848

3

37,772

38,339

39,297

40,869

42,504

4

39,729

40,325

41,333

42,986

44,706

5

41,888

42,516

43,579

45,322

47,135

6

44,048

44,709

45,826

47,660

49,566

7

46,202

46,895

48,067

49,990

51,990

8

48,364

49,089

50,317

52,329

54,423

9

50,522

51,280

52,562

54,664

56,851

10

52,682

53,472

54,809

57,001

59,281

11

54,837

55,660

57,051

59,333

61,706

12

56,997

57,852

59,298

61,670

64,137

13

59,156

60,043

61,544

64,006

66,566

Senior Teacher

 

 

 

 

 

Level 1

61,025

61,940

63,489

66,028

68,670

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

3.7 (a)

Own Car Allowance

0.55 per km

 

PART C

 

1.  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 the following notice:

 

Period of continuous service

Period of Notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

4.1.2     In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

4.1.3     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 three 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 part 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 Centrelink

 

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

 

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:

 

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

15 weeks

5 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 six (6) or more hours per fortnight at the initiative of the employer, 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.

 

 

 

M. J. WALTON  J, Vice-President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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