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:
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:
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.