Educators (Life Education) (State) Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, Industrial Organisation of Employees.

 

(No. IRC 1019 of 2006)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Salary Scales

4.         No Extra Claims

5.         Annual Leave and Vacation Leave

6.         Public Holidays

7.         Union Representatives

8.         Sick Leave

9.         Personal /Carer’s Leave

10.       Other Leave

11.       Long Service Leave

12.       Portability

13.       Terms of Engagement and Information to be Provided to Educators

14.       Superannuation

15.       Hours of Work

16.       Training Period

17.       Time in Lieu

18.       Professional Education and Development

19.       Redundancy

20.       Salary Package

21.       Disputes Procedures

22.       Anti Discrimination

23.       Joint Working Party

24.       Leave Reserved

25.       Area, Incidence & Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

For the purpose of this award:

 

(a)        "Educator" means a person employed by an employer who has satisfactorily completed basic training as a Trainee, and whose role includes the presentation of Life Education Programs and assistance to the employer in the work of Life Education and shall include persons employed as Trainers.

 

(b)        "Trainee Educator" means a person accepted by Life Education NSW to undertake a training program for a specified period of time, which is currently 10 weeks but may be varied from time to time by Life Education NSW with any major changes to be advised to the New South Wales Independent Education Union.

 

(c)        "Casual Educator" means an educator employed as such on a day to day basis.  A casual Educator shall be employed in the place of another employee who is absent for a short-term period where there is a need to supplement the workforce, or in an emergency.

 

(d)        "Part-time Educator" means an educator employed for regular days and regular hours less than a full-time Educator’s weekly hours or by agreement with the employee regular days and/or hours.  Provided that where an employee has agreed to work regular days and/or hours they must be notified of the hours for the next term at least 4 weeks prior to the cessation of the preceding term.

 

(e)        "Fixed-Term Educator" means an Educator who is engaged to work full-time or part-time for a specified period or periods.  Upon appointment a fixed term Educator shall be provided with a letter of appointment which shall state the length of engagement, the commencing and finishing time of the engagement and the fact that the length of such an engagement may be varied by agreement.

 

(f)         "Trainer" means an Educator who has from time to time the responsibility for Trainee Educators in relation to teaching practice.

 

(g)        "Employer" means Life Education NSW, a company incorporated in New South Wales, or a licensee operating under the auspices of, or under a license agreement with, Life Education NSW.

 

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

 

(i)         "Working Party" means the working party established under Clause 23, Joint Working Party.

 

3.  Salary Scales

 

3.1        The minimum annual rate of salary payable to full-time Educators shall be as set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

3.2        All Educators beginning employment on or after 1 January 2002, shall commence employment, after training on step 1 of the scale and progress according to normal years of service to Step 10 of the scale.

 

Subject to the continuing satisfactory conduct, diligence and performance appraisal pursuant to clause 18.5 of an Educator, progression from one salary level to the next salary level shall be in accordance with subclause 3.2.

 

Where the Employer considers that the appraisal conduct, diligence or performance pursuant to clause 18.5 of an Educator is not satisfactory and the Employer considers that progression to the next salary level is not warranted, a formal review shall be undertaken pursuant to Clause 21, Disputes Procedure.

 

3.3        Payment of Salary

 

(a)        The salary payable to any Educator pursuant to this clause shall be payable fortnightly.

 

3.4        Payment of Part-time and Casual Educators

 

(a)        Part-time and Casual Educators shall be paid an hourly rate calculated as follows:-

 

Hourly rate	=	annual rate for full time educator
		52.14 x 37.5

 

(b)        In addition, a Casual Educator shall be paid an additional amount of 20% of the applicable hourly rate.

 

Provided that the maximum rates payable to Casual Educators shall be Step 5.

 

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

 

3.5        Payment of Trainee Educators

 

Trainee Educators will be paid a weekly wage of $600 per week for the period of training or a maximum of ten weeks, after which time, the educators will commence on Step 1.

 

3.6        Payment of Trainers

 

Trainers shall receive a daily allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their normal salary on any day on which they are required to work with one or more Trainee Educators.  Payment of such allowance shall be for any additional time worked as a result of training duties on that day.

 

3.7        Travelling Expenses and Allowances

 

(a)        Travelling Expenses

 

An Educator who is regularly required to use his or her vehicle in the performance of work, other than travel to a static centre or nominated office, shall be paid a vehicle allowance to cover all expenses in accordance with Item 2 of the said Table 2 of Part B.  In calculating distance travelled:

 

(i)         Subject to sub-paragraph (iv) of this paragraph, where an Educator travels from home to varying places of employment, all kilometres travelled shall be included (including travel to and from work) provided that a distance of 25 kilometres for each day on which the travel is claimed shall not be counted.

 

(ii)        Where an Educator stays away from home overnight in the performance of work, all travel reasonably incurred in the course of work while the Educator is absent from home shall be included; provided that 25 kilometres for each such trip away from home shall not be counted.

 

(iii)       An Educator who lives outside the region covered by the employer shall not be entitled to claim travelling allowance from home to the region, except where there is express agreement between the Educator and the employer on this issue.

 

(iv)      Where the provisions of subclause (iii) apply, an Educator will not be entitled to payment for the first 25 kilometres travelled within the boundary of the region.  An Educator will be entitled to a motor vehicle allowance for any kilometres travelled by an Educator in excess of 25 kilometres within the boundary.

 

(v)       This sub-clause contains minimum conditions and does not preclude a Committee and an Educator reaching agreement on more favourable conditions.

 

(b)        Accommodation

 

(i)         Where an Educator is required to stay away from home in the performance of work for up to one week, the Educator shall be provided with motel accommodation (or other similar accommodation) and shall be paid an allowance as set in Item 3 of Table 2 for all meals (including breakfast).

 

(ii)        Where an Educator stays away from home in the performance of work and is not provided with motel accommodation, the Educator shall be provided with suitable accommodation with cooking facilities and shall receive an allowance as set out in Item 3 of Table 2 for all meals.

 

(iii)       Where a Trainee Educator is required to stay away from home to attend initial training, the Trainee Educator shall be provided with suitable accommodation agreed upon between the Trainee Educator and the employer, and shall be paid an allowance as set in Item 3 of Table 2.

 

(iv)      The parties to this award agree that it is reasonable that an Educator be entitled to stay overnight if the Educator would, if he or she did not stay away, be required to travel more than two hours each way or work more than twelve hours continuously in one day.  Nothing in this subparagraph means that an Educator may be required to stay away from home.

 

(c)        Meal Allowance for Finishing Work Late

 

Except as provided in paragraph (b) of this sub clause, where an Educator is required to work after 6.00pm and the Educator is not provided with a meal, the Educator shall be reimbursed for an evening meal by an amount of up to the amount set in Item 4 of Table 2.

 

(d)        Other Expenses

 

Travelling and other out-of-pocket expenses (other than those covered by the provisions of the preceding paragraphs of this sub clause) reasonably incurred by an Educator or Trainee Educator in the performance of work required by the employer shall be reimbursed by the employer.

 

3.8        Incremental Date

 

For the purposes of this clause, normal incremental date shall mean the annual anniversary date of an Educator's employment with the employer.

 

The incremental date of an educator who has taken a period of leave without pay shall be altered by adding the period of such leave without pay to the incremental date applicable to the educator prior to the leave without pay.

 

4.  No Extra Claims

 

The union undertakes not to pursue any extra claims, award or over award, except when consistent with the State Wage Case principles and until further order of the Industrial Relations Commission of New South Wales.

 

5.  Annual Leave and Vacation Leave

 

5.1        This clause shall apply in lieu of the corresponding provisions of the Annual Holidays Act, 1944.

 

5.2        Subject to sub clause 5.3 of this clause, from 1 February 2003, every Educator shall be entitled to eight (8) weeks paid leave, (inclusive of public holidays which fall within that time with the exception of Christmas Day, Boxing day, New Years Day and Australia Day) to be taken at a time convenient to the employer.  The timing of annual leave is to be subject to appropriate consultation with Educators and will take into account individual needs.

 

5.3        An educator may be required to attend work during school vacation periods for the purpose of attending conferences, in services and other duties as required by the employer.  An Educator may not unreasonably refuse to take their annual leave at a particular time.

 

5.4        Notwithstanding the provisions of any other clause, where an Educator commences employment after 1 February in any year and such employment is to continue into the next year;

 

(a)        The Educator's anniversary of employment for the purposes of calculation of payments under this clause shall in each succeeding year of employment be 1 February.

 

(b)        The Educator shall be entitled to annual leave for the period commencing from the date of employment to the following 1 February, which shall be equal to that fraction of 8 weeks as the number of weeks that period bears to the number of weeks in a year.

 

(c)        Application for leave shall require approval by the employer. However, in most cases, leave is most likely to be taken during school vacation periods.

 

5.5        Where an Educator's employment is terminated during the calendar year, he or she shall be entitled to be paid for that fraction of 8 weeks annual leave as is equal to the fraction which the number of weeks worked by him or her in that year bears to the number of working weeks in a full calendar year.

 

6.  Public Holidays

 

6.1        New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day or any other day gazetted as a public holiday for the State shall be holidays for the purposes of this award.

 

6.2        Full-time and part-time Educators shall be entitled to the above holidays without loss of pay, provided that an Educator shall only be paid for such holidays as occur on those days on which he or she normally works.

 

6.3        Where an educator is required to work on a public holiday as specified in sub clause 6.1 of this clause such work shall be paid for at the rate of double time and one-half the ordinary time rate with a minimum payment of 2 hours.

 

7.  Union Representatives

 

7.1        The employer shall permit the Union Representative in the centre to post union notices relating to the holding of meetings on a common room noticeboard.

 

7.2        The 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.

 

7.3        Meetings of union members who are employed at the centre may be held on the centre premises at times and places reasonably convenient to both union members and the employer in non-working time.

 

8.  Sick Leave

 

8.1        Any full-time, temporary or part-time Educator 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 eight working days.

 

(b)        After the first year of service with the employer the period of sick leave shall, subject to sub   clause 8.2, not exceed in any year of service, ten working days per annum. 

 

(c)        An Educator shall not be entitled to sick leave for any period in respect of which such Educator is entitled to workers’ compensation.

 

(d)        An Educator shall not be entitled to be paid sick leave unless he or she notifies the employer or employer representative of the centre prior to the commencement of the first organised activity at the centre 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 Educator took all reasonable steps to notify the employer/employer representative or was unable to take such steps.

 

(e)        In respect of any absence in respect of sickness beyond two consecutive working days the Educator shall, upon request, provide a medical certificate addressed to the employer. 

 

(f)         In respect of any absence of sickness, including single days, during the four week notice period in relation to the termination of employment pursuant to clause 13.2, the Educator shall, provide a medical certificate addressed to the employer.

 

(g)        Notwithstanding the provisions of paragraph (a) of this sub clause, the sick leave entitlement of a part-time Educator shall be in that proportion which his or number of working hours in a week bears to the number of working hours of a full-time Educator.

 

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

 

(a)        The maximum accumulation shall not exceed 40 days.

 

(b)        Accumulation in accordance with this sub clause shall commence in respect of years of service from the date of the Educator's employment.

 

(c)        A part-time Educator shall accumulate sick leave entitlements pursuant to the provisions of this sub clause in that proportion which the Educator's number of working hours in a full week bears to the number of working hours which a full-time Educator is normally required to work.

 

9.  Personal/Carer’s Leave

 

9.1        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this sub clause, any current or accrued sick leave entitlement, provided for in Clause 8, for absences to provide care and support, for such persons when they are ill, or who require care due to an unexpected emergency.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required,

 

(i)         establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)        establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

(iii)       Where the parties are unable to reach agreement the disputes procedure at Clause 21 should be followed.

 

(c)        The entitlement to use sick leave in accordance with this sub clause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

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

 

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

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "Affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

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

 

9.2        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of sub clause 9.1 who is ill or who requires care due to an unexpected emergency..

 

9.3        Annual Leave

 

(a)        An employee may elect, with the consent of the employer to take an amount of leave not exceeding 10 days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties..

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this sub clause, 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.

 

(d)        An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

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)        If, having elected to take time as leave in accordance with paragraph (a) of this sub clause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

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

 

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        Personal Carers Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in subparagraph 9.1(b)(i) and 9.1(b)(ii) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph (ii) of paragraph (c) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(b)        The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

10.  Other Leave

 

10.1      Parental Leave

 

(a)        Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(b)        An employer must not fail to re-engage a regular casual employee (see section  53(2) of the Act) because:

 

(i)         the employee or employee's spouse is pregnant; or

 

(ii)        the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(c)        Right to request - An employee entitled to parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(d)        The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(e)        Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(f)         Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(g)        Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)       The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

 

10.2      Jury Duty

 

An Educator required to attend for jury service shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such service, and the wage he or she would have received had he or she not been on jury service.

 

10.3      Personal and Private Leave

 

An educator shall be entitled to a maximum of three days paid leave per annum for personal and private reasons which shall encompass paternity and adoption leave, leave for attendance at examinations or any other reasonable purpose of a personal or private nature.

 

10.4      Bereavement Leave

 

(a)        An educator, other than a casual teacher shall be entitled to a maximum of two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in paragraph (c) of this sub clause.

 

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

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c ) of sub clause 9.1 of clause 9, Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the educator need not have been responsible for the care of the person concerned.

 

(d)        An educator shall not be entitled to bereavement leave under this clause during any period in respect of which the teacher has been granted other leave.

 

(e)        Bereavement leave may be taken in conjunction with other leave available under sub clauses, 9.2, 9.3, 9.4 of the said Clause 9.  In determining such a request the employer will give consideration to the circumstances of the educator and the reasonable operation requirements of the business.

 

10.5      Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 10.4(b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subparagraph (ii) of paragraph (c) of Clause (9) Personal/Carers Leave.

 

(b)        The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance

 

(c)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

11.  Long Service Leave

 

11.1      Applicability of the NSW Long Service Leave Act, 1955.

 

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

 

11.2      Quantum of Leave

 

The amount of long service leave to which an Educator shall be entitled shall be:

 

(a)        In the case of an Educator who has completed at least ten years service with the employer, the period of paid leave shall be:

 

(i)         in respect of ten years service so completed, 1.3 weeks per annum; and

 

(ii)        in respect of each additional year of service with the employer since the Educator last became entitled to long service leave, 1.3 weeks; and

 

(iii)       on the termination of the Educator's services, in respect of the number of years service with the employer completed since the Educator last became entitled to an amount of long service leave, a proportionate amount on the basis of 1.3 weeks for one year's service.

 

(b)        In the case of an Educator who has completed at least eight years service but less than ten years with an employer and whose services are terminated or cease for any reason, a proportionate amount on the basis of 1.3 weeks per annum.

 

(c)        In the case of an Educator who has completed with an employer at least five years service, and whose services are terminated by the employer for any reason other than the Educator's serious and wilful misconduct, or by the Educator on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the Educator, be a proportionate amount on the basis of 1.3 weeks per annum.

 

(d)        This sub clause shall not apply where an Educator has taken long service leave before 1 January 2002.

 

11.3      Calculation of Entitlement

 

(a)        The amount of long service leave to which an Educator shall be entitled shall be calculated from the first day of continuous service.

 

12.  Portability

 

For the purposes of entitlement to Annual Leave, Sick Leave, Long Service Leave and Superannuation pursuant to this award, prior continuous service with an employer, as defined, shall be recognised.  Continuous service means service with an employer which is not interrupted by a period of more than six weeks.  However, if an employee were to leave an employer and have been paid their Long Service Leave entitlements, and subsequently be re-employed by an employer, within 6 weeks, their previous service would not be recounted for Long Service Leave purposes.

 

13.  Terms of Engagement and Information to be Provided to Educators

 

13.1      The employer shall provide an Educator on appointment with a letter stating, inter alia, the classification and rate of salary as at appointment and an outline of superannuation benefits available to Educators.

 

13.2      The employment of any Educator shall not be terminated without at least four weeks notice on either side or the payment of or forfeiture of four weeks' salary in lieu of notice.  The union and an employer recognise the desirability of maximising the period of notice and both parties agree to give as much advanced notice as possible.

 

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

 

13.4      Upon the termination of service of an Educator, the employer shall provide a statement of service setting out the length of service, the promotion positions held and any special and/or additional duties performed by such Educator.

 

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

 

14.  Superannuation

 

14.1      Definitions

 

For the purposes of this clause:

 

(a)        "Basic Earnings" means the minimum rate of salary and the amount of any allowance prescribed from time to time in Clause 3, Salary Scales.

 

(b)        "Fund" means the Non-Government Schools Superannuation Fund.

 

(c)        "Qualified Employee" means an Educator (other than a casual Educator) who has completed not less than twenty (20) days service (or equivalent).

 

14.2      Benefits

 

(a)        Except as provided in paragraph (c) and (d) of this sub clause, each employer shall, in respect of each qualified employee employed by it, pay contributions to the Fund at the rate of three percent (3%) of the Educator’s Basic Earnings.

 

Note: An employer also has an obligation to pay superannuation in addition to the three percent pursuant to Superannuation Guarantee Legislation

 

(b)        Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the Fund.

 

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

 

(d)        Contributions shall be calculated from the beginning of the first pay period commencing on or after the qualified employee's date of engagement and shall be paid as soon as reasonably possible thereafter.

 

(e)        An Educator shall advise the employer in writing of the Educator's application to join the Fund pursuant to this award.

 

(f)         When a new employee commences in employment the employer shall advise the employee in writing of the employee's entitlements under this award.

 

(g)        An employer shall make contributions in respect of all days worked at the Life Education Centre by a qualified employee other than a casual Educator, including those days worked before the Educator became a qualified employee.

 

14.3      Records

 

The employer shall retain all records relating to the calculation of payments to the Fund for a period of six (6) years.

 

15.  Hours of Work

 

15.1      The normal hours of work of an Educator shall not exceed 38 hours per week, between the hours of 8.00am and 6.00pm, Monday to Friday.  The Educator will be required to present Life Education programs, perform promotional activities and administration duties.  Any time required to be worked in excess of 38 hours per week and averaged over the pay period, shall accrue as time in lieu in accordance with clause 17, Time in Lieu.

 

15.2      Educators shall be entitled to a lunch break of a minimum 30 minutes duration per day, which time shall be free of meetings, teaching or other activities.

 

15.3      Travelling Time

 

(a)        Upon commencement of employment of an Educator, the employer shall designate a region within which that Educator shall be engaged.

 

(b)        The designated region shall remain fixed for the duration of that Educator’s employment.  Provided that the region may be changed at any time with written agreement between employer and an Educator.

 

(c)        Travel to and from home to a mobile classroom within an Educator’s designated region shall not count as time worked, provided that where:

 

(i)         A metropolitan Educator is required by the employer to travel to work situated outside their designated region, all time spend travelling outside that region shall be treated as time worked, or

 

(ii)        a non metropolitan Educator is required by the employer to travel in excess of 45 minutes each way within their designated region, all time spent travelling in excess of the 45 minutes each way shall count as time worked.

 

(Notation:  The parties agree to review the operation of Sub clause 15.3 within 12 months of it’s commencement).

 

16.  Training Period

 

16.1      All Trainee Educators shall be appointed as temporary employees for the ten week training period or as varied from time to time.  Subject to satisfactory completion of training, Trainee Educators will be offered continuing employment as Educators on Step 1 of the salary scale.

 

16.2      Where a Trainee Educator is appointed to an Educator position, service for all purposes shall be deemed to be continuous from the time of commencement of the training period.

 

16.3      Trainee Educators shall receive industry superannuation in terms of clause 14 - Superannuation, from the commencement of the training period.

 

17.  Time in Lieu/Over-Time

 

17.1      An Educator shall be entitled to time in lieu at the rate of time and one half of ordinary time for all hours of work required by the employer in excess of normal hours as specified in sub clause 15.1,Hours of Work, including travelling time in accordance with sub clause 15.3 of Clause 15, Hours of Work.

 

17.2      For work performed in excess of the normal hours of work specified in the said sub clause 15.1 which is required by the employer and which is performed on a Saturday or Sunday, time in lieu shall accumulate at one and a half times the ordinary rate.

 

17.3      Such time in lieu shall accumulate and may be taken at mutually agreeable times, either as single days in lieu or added to annual holiday entitlements, PROVIDED that such leave shall be taken three months of accruing such time in lieu.

 

17.4      Any time in lieu accrued at the date of termination of an Educator shall be paid out at the rate prescribed in sub clause 17.1.

 

18.  Professional Education and Development

 

18.1      Workshops may be provided to aid in the professional development of all Educators, as well as assisting Educators in their presentation of Life Education programs and their understanding of company policies, strategic plans and developments.

 

18.2      Educators shall be required to attend any compulsory workshops organised by Life Education (NSW).

 

18.3      All Educators shall be required to attend the annual Life Education State Educators Conference.

 

18.4      Special workshops shall be held for Trainers, to assist with program content, curriculum development, general training methods and the training programs.  Trainers may be required to attend all Educator workshops each year.

 

Notation: The parties to the Award acknowledge the importance of professional education and development and the role it plays in the provision of services.  It is agreed that compulsory inservicing and training will only be held during the educators ordinary working time.  Compulsory conferences and in-services shall not ordinarily be held on Saturdays and Sundays.

 

18.5      Educators will undergo a yearly performance appraisal.  The performance appraisal process and indicators will be negotiated between employer and the union.

 

19.  Redundancy

 

19.1

 

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

 

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

 

(c)        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.

 

(d)        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.

 

19.2      Employers Duty to Notify and Discuss

 

(a)        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.

 

(b)        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.

 

(c)        ‘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.

 

19.3      Discussions Before Terminations

 

(a)        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.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of sub clause 19.3(a) 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.

 

(c)        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.

 

19.4      Notice For Changes in Production, Program, Organisation or Structure

 

(a)        This sub clause 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 19.2 of this Part.

 

(b)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

 

(c)        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.

 

(d)        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.

 

19.5      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 sub clause 19.2 of this part.

 

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

 

(b)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this sub clause 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.

 

19.6      Time off during the notice period

 

(a)        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.

 

(b)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

19.7      Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

19.8      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.

 

19.9      Notice to Centrelink

 

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

 

19.10    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 Centrelink.

 

19.11    Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in clause 19.2 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.

 

19.12    Severance Pay

 

(a)        Where an employee is to be terminated pursuant to clause 19.4 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:

 

(b)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

 

(c)        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

 

(d)        ‘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.

 

(e)        Where a employee at the initiative of the employer is subject to a reduction of working hours of 7 or more hours per fortnight, the reduction will be treated as a partial redundancy.  A pro rata payment will be made in accordance with the severance payments set out in paragraphs 19.12(b) and 19.12(c) above.

 

(f)         Where a part time employee is subject to a reduction of working hours of 7 or more hours per fortnight and the reduction is not expected to be for more then 12 months duration, then Life Education will notify the union.  In such cases the union and Life Education may agree that partial redundancy payments may not apply.

 

19.13    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 sub clause 19.12.

 

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 sub clause 19.12 above will have on the employer.

 

19.14    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 sub clause 19.12 if the employer obtains acceptable alternative employment for an employee.

 

20.  Salary Packaging

 

20.1      Where agreed between the employer and a full-time or part-time employee, an employer may offer salary packaging in respect of salary.  Neither the employer nor the employee may be compelled to enter into a salary packaging agreement.

 

20.2      Salary packaging shall mean that an employee will have part of their salary packaged into a fringe benefit which does not constitute a direct payment to the employee but is payable to a bona fide third party.

 

20.3      The terms and conditions of such a package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under the award and shall be subject to the following provisions:

 

(a)        the employer shall ensure that the structure of any agreed remuneration package complies with taxation and other relevant legislation;

 

(b)        where there is an agreement to salary package, the agreement shall be in writing and made available to the employee;

 

(c)        the employee shall have access to details of the payments and transactions made on their behalf.  Where such details are maintained electronically, the employee shall be provided with a printout of the relevant information;

 

(d)        the employer has the right to vary or withdraw from a salary packaging agreement and/or withdraw from offering salary packaging in the event of amendments to legislation that are detrimental to, or increase the costs of, salary packaging arrangements;

 

(e)        in the event that the employer withdraws from a salary packaging agreement, the individual employee’s salary will revert to that specified in Table 1 - Salaries;

 

(f)         notwithstanding any of the above arrangements, the employer or employee may cancel any salary packaging agreements by the giving of one month’s notice of cancellation to the other party;

 

(g)        on termination or death, the calculation of entitlements concerning occupational superannuation and annual leave loading on annual leave pursuant to subclause 5.2 of clause 5, Annual Leave, will be based on the value of the employee's total salary as outlined in Table 1 - Salaries;

 

(h)        unless there is agreement between the employer and the employee to the contrary, all salary packaging arrangements shall cease during any period of leave without pay, including periods of unpaid sick leave.

 

21.  Disputes Procedures

 

21.1      It is the intention of the parties to this award to eliminate disputes which result in stoppages, bans or limitations, and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation.

 

21.2      The parties further agree that, subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(a)        The employee should notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting and state the remedy sought.

 

(b)        The grievance should, wherever possible, be settled by discussion at the workplace between the employee and a nominated representative of the Life Education Committee or other executive body of the Committee.

 

(c)        At the conclusion of the discussion, the employer must provide a response to the employee’s grievance and, if the matter has not been resolved, the response should include the reasons for not implementing the proposed remedy.

 

(d)        If agreement has not been reached between the employee and the employer, the employee may request the New South Wales Independent Education Union to discuss the dispute with the employer or nominated representative of the employer (such as a member of the Joint Working Party).

 

(e)        Whilst the foregoing procedure is being followed work shall continue normally.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.

 

21.3      Nothing in this clause shall remove the right of the New South Wales Independent Education Union or the employer to refer a dispute to the Industrial Commission of New South Wales pursuant to the Industrial Relations Act 1996.

 

21.4      The employer shall adopt procedures to deal with concerns relating to the performance of an Educator.

 

22.  Anti-Discrimination

 

22.1      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.

 

22.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award that parties have obligations to take all reasonable steps to ensure that he operations of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

22.3      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.

 

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

 

(a)        any conduct or act which is specifically exempt for anti discrimination legislation:

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

22.5      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."

 

23.  Joint Working Party

 

23.1      A Joint Working Party shall be formed comprising the New South Wales Independent Education Union; Life Education NSW representatives and/or their nominees.

 

23.2      The Working Party shall consider agreed matters and shall meet as agreed.

 

24.  Leave Reserved

 

24.1      The parties agree to engage in productive and meaningful discussions concerning the development of the award’s classification structure during the term of this Award.  Leave is reserved to the parties to apply to the Industrial Relations Commission of NSW should agreement not be reached.

 

25.  Area, Incidence & Duration

 

(a)        This award shall apply to all persons employed as Educators or Trainee Educators by employers, as defined, and shall take effect from 9 March 2006 until 31 December 2008.

 

(b)        This award rescinds and replaces the Educators (Life Education) (State) Award 2004 published on 20 May 2005 (351 I.G. 142) and all variations thereof.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

STEP	Current	Annual Salary from	Annual Salary from	Annual Salary from
	Annual Salary	the first full pay	the first full pay	the first full pay
		period on or after	period on or after	period on or after
		1 January 2006	1 January 2007	1 January 2008
		(3.5%)	(3.5%)	(3.5%)
	$	$	$	$
1	40,686	42,110	43,584	45,109
2	42,894	44,395	45,949	47,557
3	45,104	46,683	48,317	50,008
4	47,318	48,974	50,688	52,462
5	49,526	51,259	53,053	54,910
6	51,736	53,547	55,421	57,361
7	53,949	55,837	57,791	59,814
8	56,158	58,124	60,158	62,264
9	58,367	60,410	62,524	64,712
10	60,482	62,599	64,790	67,058

 

Note: The above annual salaries include the payment of annual leave loading pursuant to sub clause 6.2 of Clause 6 - Annual Leave Loading.

 

Table 2 - Other Rates and Allowances

 

 

Note: Items 3 and 4 to be adjusted for CPI increases.

 

 

 

M. SCHMIDT  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.