Teachers (Independent Schools) (State) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 2800 of 2006)

 

 

AWARD

 

Part A

 

CONDITIONS

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Salary Scales

4.         Terms of Engagement

5.         Pro Rata Annual Leave Payment

6.         Annual Holiday Loading

7.         Promotions Positions

8.         Union Representatives

9.         Leave

9.1        Sick Leave

(a)        Entitlement

(b)        Accumulation

9.2        Domestic Leave

9.3        Carers Leave

9.4        Parental Leave

(a)        Maternity Leave

(b)        Paternity Leave

(c)        Adoption Leave

(d)        Parental Leave Entitlement for Casual Teachers

(e)        Right to request

(f)         Communication during parental leave

9.5        Long Service Leave

9.6        Recognition of Immediate Past Service for the Calculation of Long Service Leave Credits

9.7        Bereavement Leave

9.8        Military Reserve Leave

9.9        Examination/Study Leave

9.10      Jury Service

10.       Teacher Skill Development

11.       Remuneration Package

12.       Suspension

13.       Disputes Procedure

14.       No Extra Claims and Leave Reserved

15.       Superannuation

16.       Anti-Discrimination

17.       Area Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1A - Salaries

Table 1B - Allowances for Promotions Positions

Table 1C - Director’s Allowances

Table 2 - Other Rates and Allowances

Table 3 - Casual Rates (Daily, Half Daily, pre-school only quarter day)

 

Attachment A - Classifications

Attachment B - Teacher/Librarians

Attachment C - Particular Conditions of Preschool Teachers

Attachment D - Redundancy

Attachment E - Settlement Procedure: Agreement between the AIS and the IEU

 

2.  Definitions

 

For the purpose of this award:

 

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

 

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

 

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

 

(d)        "Deputy Principal" means a teacher appointed as such in a primary or secondary department, who assists the Principal in his or her responsibility for the conduct and organisation of the school.

 

(e)        "Equivalent qualifications or equivalent course" means qualification or a course which is specified by Attachment A of this award as being equivalent to a particular qualification or course prescribed by this award, 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 New South Wales determines as being so equivalent.

 

(f)         "Five Years Trained Teacher" means a teacher who:

 

(i)         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 course in teacher education including a Diploma in Education from a recognised higher education institution; or

 

(ii)        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 course in teacher education including  a Diploma in Education from a recognised higher education institution; or

 

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

 

(g)        "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 in teacher education at a recognised higher education institution, or who has acquired other equivalent qualifications; or

 

(iv)       A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

 

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

 

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

 

(j)         "Part-Time Teacher" means a teacher who is engaged to work regularly, but for less than a full school week and not more than 0.8 of the normal hours which a full-time teacher at the school is required to teach.

 

A part-time teacher may work more than 0.8 of the normal full-time load where an agreement has been reached by the parties.  Such agreement shall be in writing and shall include the length of the term of the arrangement and the scheduling of time.

 

(k)        Positions of Special Responsibility:

 

(i)         "Co-ordinator 1" means a teacher appointed as such in a primary or secondary department who is:

 

(A)      responsible for the co-ordination of a programme of work in an area of instruction or other activity: or

 

(B)       required to assist a Co-ordinator 2 in the performance of his / her duties; or

 

(C)       required to perform other duties, as determined by the Principal.

 

(ii)        "Co-ordinator 2" means a teacher appointed as such in a primary or secondary department who is responsible to the Principal for the co-ordination of a programme of work in an area of instruction or other activity.

 

(iii)       Co-ordinator "3" means a teacher appointed as such in a primary or secondary department who is responsible to the Principal for:

 

(A)      the supervision of Co-ordinators 1 and 2 and Senior Teacher - Level 2; and/or

 

(B)       the co-ordination and supervision of the academic programme of the school in the secondary or primary departments or both; and/or

 

(C)       the professional development of teachers at the school; and/or

 

(D)       other duties as required by the Principal.

 

(l)         "Primary Department" means that section or division of a school which provides a primary education (including infants) and includes a school which provides a primary education only.

 

(m)       "Professionally Accomplished Teacher" means a teacher who has been classified as such by the NSW Institute of Teachers.

 

(n)        "Recognised higher education institution" means an Australian university recognised by the relevant Australian tertiary education authority from time to time or a former college of advanced education recognised by the Tertiary Education Commission.

 

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

 

(p)        "Secondary Department" means that section or division of a school which is not a primary department and includes a school which provides a secondary education only.

 

(q)        "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.

 

(r)         "Senior Teacher - Level 2" means a teacher appointed as such in a primary or secondary department, who is responsible for developing and implementing outstanding teaching practice and leadership with particular reference to the performance and quality of teachers in the school, or who is required to perform other duties of comparable level (including in the area of pastoral care) requiring a high level of professional expertise.

 

(s)        "Teacher" means a person employed as such to assist the Principal in  the work of the school.

 

(t)         "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 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.

 

A teacher shall not be employed on successive temporary appointments except where each appointment is for a different purpose.

 

A teacher 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.

 

A teacher shall not be employed on a temporary basis for the purpose of probation.

 

(u)        "Three Years Trained Teacher" means:

 

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

 

(ii)        A teacher who has acquired other equivalent qualifications (as defined in paragraph (e) above).

 

(v)        "Two Years Trained Teacher" means:

 

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

 

Provided that a teacher who is not otherwise classified pursuant to this Agreement, shall be deemed to be a Two Years Trained Teacher; or

 

(ii)        A teacher who has acquired other equivalent qualifications (as defined in paragraph (e) above).

 

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

 

3.  Salary Scales

 

3.1

 

(a)        The minimum annual rate of salary payable to full-time teachers in schools and pre-schools shall be as set out in Part B, Table 1A- Salaries.  Weekly salaries shall be ascertained by dividing the annual salaries by 521/7. 

 

(b)        Five Years Trained Teachers

 

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;

 

(c)        Four 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 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.

 

(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 shall include a teacher deemed as such immediately prior to 17 August 1990;

 

(iii)       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)        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 13 of the scale.

 

Provided that a teacher who has not completed two years or equivalent of qualifications shall not be permitted to progress beyond Step 6, subject to paragraph (g) of this subclause.

 

(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;

 

(f)         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.

 

(g)        Previous Award Classification

 

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, the Teachers (Independent Schools) (State) Award 2004, 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.

 

3.2        Special Education Allowances

 

Teachers appointed to teach classes of children with disabilities shall be paid in addition to the salaries provided for in clause 3.1 an allowance as set out in Part B, Table 2, Item 1.  A part-time teacher shall receive the allowance set out in Part B, Table 2, Item 2.

 

3.3        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 204 days of service.

 

3.4        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 clause.

 

(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 clause 3.4 (b) (i) which establishes that a teacher is eligible to transfer to a higher salary step, such transfer shall take effect:

 

(1)        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

 

(2)        Where the application for transfer is not received by the employer within the time specified in (1), 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 Four Years Trained 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.

 

3.5        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 Part B, Table 1A.

 

(b)        A teacher referred to in clause 3.5 (a) above, 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 clause 3.5 (a):

 

(i)         Tertiary Study - courses of study undertaken at an approved tertiary institution; or

 

(ii)        In-service - accredited by the Principal of the school, which is conducted by 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:

 

(1)        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

 

(2)        Promotion of Learning in the Classroom - assessed by the Principal and/or the Principal’s nominee as able to create a learning environment that engages students in their learning by the use of a variety of teaching strategies and management of the classroom to promote learning.

 

As part of the assessment the Principal and/or the Principal’s nominee may make direct observations of the classroom practice for up to two lessons which will include assessing the class rapport, tone, discipline and motivation.

 

(3)        Involvement beyond the classroom - Sharing and learning knowledge and skills with and from peers; involvement in co-operative planning.

 

(4)        As a member of the Whole School - Effective involvement as a team member; effective contribution to the life of the school.

 

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 had been assessed as a highly skilled and competent teacher pursuant to clause 3.5 (b) 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 clause 3.4 shall also be classified as Senior Teacher Level 1 on such reclassification, provided that after 1991 the teacher shall have completed nine years of service.

 

(d)        A recommendation for classification or progression pursuant to this clause, 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.

 

3.6        Payment Fortnightly / Half Monthly

 

(a)        The salary payable to any teacher other than a casual teacher pursuant to this clause, shall be payable either fortnightly or monthly if by mutual agreement and provided that payment is two weeks in advance.

 

(b)        Where the pay day for a monthly pay period falls on a Saturday, Sunday or public holiday, salaries shall be paid on the day not being a Saturday, Sunday or public holiday immediately preceding said pay day.

 

(c)        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.

 

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

 

(a)

 

(i)         Subject to sub-clause (ii), 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 normal teaching hours bear to the hours which a full-time teacher at the school is normally required to teach.

 

(ii)        A part-time teacher/librarian, including a temporary part-time teacher/librarian, shall be paid at the same rates as a full-time teacher/librarian, with the corresponding classification, but in that proportion which the number of hours which are the normal working hours bears to the hours a full-time teacher/librarian at the school is normally required to work.  If there is no full-time teacher/librarian employed at the school, the proportion shall be based upon the number of hours which a full-time teacher/librarian at the school would be required to work if employed.

 

(iii)       A part-time teacher shall undertake the normal duties of a full-time teacher proportional to their face to face teaching load as required by the employer over the course of the year.  The employer will attempt to assist a part time teacher to meet these requirements by consulting with the teacher regarding the timing of such commitments.  If a part-time teacher is required to attend duties on a day that they do not normally attend and that attendance is in addition to their normal pro rata duties the teacher shall be paid for such attendance at the casual rate of pay.  In considering pro rata duties, regard will be had as to whether teachers at the school normally perform such duties in addition to, or in substitution for, teaching duties.

 

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

 

(c)        The salary payable to a casual teacher shall be the appropriate rate in clause 3.1 in accordance with years of full-time service, divided by 204 in the case of a daily payment and 408 in the case of a half-day payment, plus 5%.  These rates are set out in Table 3 provided that the maximum rates payable shall be as follows:

 

 

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. See Part B, Table 3.

 

3.8        Travelling Expenses

 

(a)        Where the use of a vehicle is required in connection with employment, other than for journeys between home and the place of employment, the teacher shall be paid an allowance as set out in Part B, Table 2, Item 3.

 

(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.

 

3.9        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.

 

3.10      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 union and relevant employer representatives.

 

4.  Terms of Engagement

 

4.1        Letter of Appointment

 

The employer shall provide a teacher [other than a casual teacher] on appointment with a letter of appointment stating inter alia the classification and rate of salary as at appointment, the normal teaching load that will be required, requirements to perform extra-curricular duties and an outline of superannuation benefits available to teachers at the school.

 

4.2        Termination of Employment

 

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.

 

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

 

4.3        Statement of Service

 

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 (or the age of the children taught in the case of a teacher employed in a pre-school), the promotions positions held and any special and/or additional duties performed by such teacher.

 

4.4        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.

 

4.5        Normal Duties

 

The normal duties of teachers shall include playground duties, sports duties, and usual extra-curricular activities and, in relation to teachers appointed to residential positions, the usual residential duties.

 

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

 

4.7        Lunch Break

 

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 or coach sport, team games, cultural or academic activities.

 

4.8        Pre-school Teachers

 

The provisions of this award shall apply in relation to preschool teachers subject to the specific provisions of Attachment C- Particular Conditions of Pre-school Teachers.

 

4.9        Redundancy

 

In conjunction with the other applicable provisions of this award, Attachment D-Redundancy shall apply as a minimum entitlement in cases of redundancy.

 

Note:  the notice applicable shall be either the notice required pursuant to subclause 4.2 of this clause or the notice pursuant to clause 4 of Attachment D - Redundancy, whichever is greater.

 

5.  Pro Rata Annual Leave Payment

 

5.1        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.

 

5.2        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 clause 5.3 (a) or (b), as appropriate, and, if relevant, by the application of the provisions of clauses 5.5, 5.6 and 5.7 in combination.

 

5.3

 

(a)        Calculation of Payments

 

Payments made pursuant to this clause to a teacher whose hours have varied shall be calculated in accordance with the following formula:

 

P	=	s x c	- d
		b

 

Where:

 

P          is the payment due.

 

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

 

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

 

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

 

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

 

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

 

P = S	x	t x c	- d
		b

 

Where:

 

P          is the payment due.

 

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

 

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

 

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

 

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

 

d          is the number of non-term weeks, or part thereof, worked by the teacher since the school service date.

 

(c)        For the purposes of this clause:

 

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

 

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

 

5.4        Termination of Employment

 

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

 

5.5        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 clause 5.3 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.

 

5.6        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 clause 5.6 (a) (ii) below, 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 clause 5.6 (c).

 

(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 clause 5.6 (a) (ii) (B);

 

(ii)        or in circumstances where, with the agreement of the employer, a teacher who has been paid pursuant to clause 5.6 (b) (i) returns from leave during the school year in which the leave commenced and not withstanding that as a result did not in total exceed 20 pupil days, shall be determined by:

 

(A)       applying the formula in clause 5.3 as if no payment had been made to the teacher pursuant to clause 5.6 (a) (ii) (A) or clause 5.6 (b) (i); and

 

(B)       deducting from that amount the amount paid to the teacher pursuant to clause 5.6 (a) (ii) (A) or clause 5.6 (b) (i).

 

(d)        Notwithstanding the provisions of clause 5.1 (a), 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.

 

Notation:

 

The employers and the Union are of the unanimous view that other than in exceptional circumstances leave without pay should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term unless the employer has expressly agreed to the contrary.)

 

5.7        Teachers Whose Hours Have Varied

 

Where the hours which a teacher normally teaches at a school 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 clause 5.3 (a) 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.

 

6.  Annual Holiday Loading

 

6.1        Subject to clause 6.6, 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 clause.

 

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

 

6.3        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 where relevant.

 

(b)        the period of annual leave calculated under clause 6.6.

 

6.4        The loading shall be the amount payable for the period specified in clause 6.3 or 6.6 at the rate of 17.5 per cent of the weekly equivalent of the teacher's annual salary.

 

6.5        For the purposes of this clause, "salary" shall mean the salary payable to the teacher at the first day of December of the year in which the loading is payable together with, where applicable, the allowances prescribed by clauses 3.2 and 7.3, but not including any other allowances or amount otherwise payable in addition to salary.

 

Provided that where clause 6.6 applies, "salary" shall mean the salary (together with allowances payable as aforesaid) payable immediately prior to the payment made to the teacher pursuant to clause 5.3 (b).

 

6.6        Where a teacher receives a payment pursuant to clause 5.3 (b), 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 required by the Principal to work in a full school year.

 

7.  Promotions Positions

 

7.1        Establishment of Positions

 

(a)        Deputy Principal

 

The position of Deputy Principal must be established:

 

(i)         where the enrolment of the whole school exceeds 200, or

 

(ii)        if the primary and secondary sections of the school are located at different sites, and staff and curriculum support is conducted separately, where the enrolment in a section exceeds 200.

 

Where a Deputy Principal in a primary department with enrolments between 101 and 200 is receiving an allowance at the rate prescribed for a primary department with enrolments between 201 and 250 at the date of the commencement of this award, such Deputy Principal shall continue to be paid the allowance prescribed for such a primary department in this award while continuing to occupy that position.  In such a school where a Deputy Principal is employed, the school need not appoint a teacher to hold a Position of Special Responsibility in accordance with clause 7.1 (b).

 

(b)        Positions of Special Responsibility

 

(i)         Each school may establish positions to meet its managerial needs and determine the title of each position.

 

(ii)        Subject to clause 7.1 (b) (iii) and (iv) below, a school must create the minimum number of positions of special responsibility determined by the number of points applicable to that school as set out in the table in clause 7.1 (c) below.

 

(iii)       In a secondary department a Co-ordinator 2 position must be established where the teaching hours of a programme of work in an area of instruction or activity as determined by the school (e.g., subject or key learning area) exceeds 2,000 hours per annum, or where the position has other duties (of a comparable level) as determined by the Principal.

 

(iv)      In determining an area of instruction, an employer may aggregate two or more subjects to comprise an area of instruction provided that the total hours of aggregated instruction in an area of instruction that involves more than one subject, shall not exceed 4,000 teaching hours per annum.

 

(c)        Positions of Special Responsibility - Points Tables

 

Subject to clause 7.5 the points applicable to a department shall be established according to the following tables:

 

 

 

For the purpose of this sub-clause, "class" means

 

(i)         In a primary department - a standard roll class of pupils. (Note: a two stream primary school is likely to have 14 classes in K to 6.)

 

(ii)        In a secondary department - an English class.  (This includes all classes of English instruction).

 

7.2        Minimum Number of Positions

 

In establishing the minimum number of positions required to be established under clause 7.1 (b) (ii) each position of special responsibility established by a school has a points value as follows:

 

Points Value Table

 

 

7.3        Allowances

 

(a)        A teacher appointed to the position of Co-ordinator 1 or Senior Teacher 2 shall be paid the applicable allowance as set out in Part B, Table 1B, Item 1 in addition to the salary applicable to the appointee (as set out in Table 1A), which shall be no less than Step 9 (secondary) and Step 7 (primary).

 

(b)        A teacher appointed to the position of Co-ordinator 2, Co-ordinator 3 or Deputy Principal shall be paid the applicable allowance as set out in Part B, Table 1B in addition to the appropriate salary as set out in Table 1A, provided that in the case of a teacher employed in such a position prior to the commencement of this award, such teacher shall be paid the allowance and the salary for a Senior Teacher 1 (as set out in Table 1A).

 

Provided that, a teacher employed in such a position prior to the commencement of this award who is not otherwise eligible to be classified as a Senior Teacher 1 will only be entitled to be paid the salary for Senior Teacher 1 while he or she holds either a Co-ordinator 2, Co-ordinator 3 or Deputy Principal position.

 

7.4        Acting Appointments

 

If an employer appoints a teacher to act in a position of special responsibility or as a Deputy Principal for at least ten consecutive school days, the employer must pay the teacher the rate of allowance prescribed for that position.

 

7.5        Special Schools

 

The table below will apply to registered special schools within the meaning of the Education Act 1990 or Schools for children with disabilities instead of clause 7.1 (c).

 

 

7.6        Steiner Schools

 

(a)        The parties acknowledge that the Steiner Schools do not appoint teachers to position of special responsibility or as Deputy Principal.

 

(b)        In recognition of the nature of the work performed by teachers in the circumstances set out in paragraph (a) of this subclause, the schools will apply the formula below:

 

A  =	B
	C
Where:
A  =	Amount payable to each participant;
B  =	Amount which would have been payable to teachers holding promotion positions if
	the award applied;
C  =	The number of teachers at the school from time to time approved by the College of
	Teachers (or its administrative equivalent) as participants for the purpose of this
	subclause on the basis of full-time equivalents.

 

8.  Union Representatives

 

8.1        The employer shall permit the union representative in the school to post union notices relating to the holding of meetings on a common room noticeboard.

 

8.2        The union representative shall be permitted in working hours [other than timetabled teaching time] to interview the employer or the Principal on union business.  Such interview shall take place at a time and place convenient to both parties.

 

8.3        Meetings of union members who are employed at the school may be held on the school premises at times and places reasonably convenient to both union members and the Principal. Provided that the union representative gives prior notice to the Principal of the members’ intention to meet.

 

9.  Leave

 

9.1        Sick Leave

 

(a)        Entitlement

 

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:

 

(i)         During the first year of service with an 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.

 

(ii)        After the first year of service with an employer, the period of sick leave shall, subject to clause 9.2, not exceed in any year of service 22 working days on full pay, followed by 22 working days on half pay.

 

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

 

(iv)      A teacher shall not be entitled to paid sick leave unless he or she notifies the Principal of the school [or such other person deputised by the Principal], 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 Principal or was unable to take such steps.

 

(v)       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 the number of teaching hours which a full-time teacher at the school is normally required to teach.

 

(vi)      The teacher, if required by the employer, complies with paragraph (c) of this sub-clause.

 

(b)        Sick leave shall accumulate from year to year as follows:

 

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

 

(ii)        Untaken sick leave in the second year of service with an 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 the respect of the four years of continuous service immediately preceding the current year of service.

 

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

 

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

 

(v)       Sick leave which accrues to a teacher at the commencement of a year of service pursuant to clause 9.1 shall be taken prior to the taking of any sick leave which the teacher has accumulated in accordance with this subclause.

 

(vi)      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.

 

(c)

 

(i)         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, or, if the employer requires, to the school medical officer.

 

(ii)        Where a teacher has taken frequent single days of sick leave, or taken extended sick leave such that the employer requires additional information in relation to the teacher’s sickness, then the employer may take action in accordance with this subclause.

 

(A)       The employer may arrange a meeting in order to clarify the position with the teacher.  The invitation to the teacher to attend the meeting shall be in writing (signed by the principal or the principal’s delegate) with sufficient notice for the teacher to reasonably be able to attend the meeting.  The invitation shall also refer to the provisions of this award clause and shall indicate the grounds for the employer’s concern about sick leave taken by the teacher.  The employer shall invite the teacher to respond verbally at the meeting to the issues raised by the employer.  A teacher shall not unreasonably fail to attend such a meeting where invited  by the employer to do so.

 

(B)       After consideration of the teacher’s response, if any, the employer may

 

require further evidence of illness; and/or

 

require the teacher to provide a medical certificate from a doctor nominated by the employer (at the employer’s cost) in relation to the likely period of absence or to establish only eligibility for sick leave (and no other information); and/or

 

discuss with the teacher any other action.

 

(C)       Where a teacher fails to attend a meeting as requested by the employer pursuant to paragraph (A) of this subclause and does not provide a reasonable explanation for such failure, or does not provide further evidence of illness as outlined in paragraph (B) of this subclause, then following prior written notice the employer may cease payment of sick leave if the employer has reasonable grounds for a belief that the teacher is not entitled to sick leave for that absence.

 

(D)       The teacher may, if a member of the union, request that any matter pursuant to this clause be discussed at any stage between the union and the representative of the employer.

 

9.2        Domestic Leave

 

A teacher other than a casual teacher is entitled to one day per year deducted from sick leave for moving house or other domestic emergency leave.  A teacher shall give the Principal appropriate notice of when this leave is to be taken.

 

9.3        Carer’s Leave

 

(a)        Use of Sick Leave

 

(i)         A teacher, other than a casual teacher, with responsibilities in relation to a class of person set out in 9.3 (a) (iii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, ten days of his or her current and 30 days of his or her accrued sick leave entitlement, provided for at Clause 9.1 of the award, 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.

 

(ii)        The teacher shall, if required,

 

(A)       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

 

(B)       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 teacher.

 

In normal circumstances, a teacher must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to: -

 

(A)       the teacher being responsible for the care of the person   concerned; and

 

(B)       the person concerned being: -

 

(1)        a member of the teacher’s immediate family; or

 

(2)        a member of the employee’s household.

 

The term "immediate family" includes:

 

(aa)      a spouse (including former spouse, a de facto spouse and a former de facto spouse) of the teacher.  A de facto spouse, in relation to a person, means 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 the person; and

 

(bb)     a child or adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), a parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the teacher or spouse of the teacher.

 

(iv)      The teacher shall not be entitled to paid carer’s leave unless he or she notifies the Principal of the school (or a person deputised by the Principal) of the need for carer’s leave and the estimated period of absence at the first available opportunity and, where possible, before the first organised activity at the school on the day of absence.  The teacher will have sick leave credits available to the extent of the leave to be taken.

 

(v)       Notwithstanding clause 9.3 (a), a part-time teacher is only entitled to an amount of carer’s leave in the same proportion the teaching hours of a part-time teacher bears to the teaching hours which a full-time teacher at the school is normally required to teach.

 

(vi)      Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the teacher in accordance with clause 9.1 Sick Leave.

 

(b)        Unpaid Leave for Family Purpose

 

A teacher may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 9.3 (a) (iii) above who is ill or who requires care due to an unexpected emergency.

 

(c)        Personal Carers entitlement for casual teachers

 

(i)         Subject to the evidentiary and notice requirements in subparagraphs (ii) and (iv) of paragraph (a) of this sub clause, casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in sub clause (iii) of paragraph (a) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

9.4        Parental Leave

 

(a)        Maternity Leave

 

(i)         Subject to subparagraph (iii) of this paragraph, a teacher who takes unpaid maternity leave of at least fourteen weeks under the provisions of the Industrial Relations Act 1996 must be paid an allowance under this clause. 

 

(If a teacher takes a lesser period of leave the allowance shall be reduced accordingly).

 

(ii)        The amount of the allowance for a teacher who takes leave after 1 January, 2007 shall be fourteen weeks pay.

 

(iii)       Where a teacher gives birth to a second or subsequent child following an earlier period of maternity leave and has not returned to work before the birth of the second or subsequent child, the teacher will not be entitled to an additional fourteen weeks payment in accordance with paragraph (a) (i) of this sub-clause.  However, the teacher will be entitled to unpaid maternity leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996.

 

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

 

(v)       The teacher must be paid:

 

(A)       at the usual times and intervals that other teachers are paid at the school, or

 

(B)       if the teacher asks two weeks in advance and the School agrees, in a lump sum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(viii)    The period of maternity leave will not count as a period of service under this award or any statute.

 

(ix)       A teacher shall be required to give at least 10 weeks written notice of the intention to take leave and shall provide other notice consistent with the provisions of section 58 (1) of the Industrial Relations Act 1996.

 

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

 

Notation:

 

(i)         Where possible 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.  However this does not diminish the right of a teacher to proceed on leave on the date she nominates in accordance with the Industrial Relations Act 1996.

 

(ii)        In order to facilitate the desirable practice referred to in (i) above, the employers are prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, 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.

 

(b)        Paternity Leave

 

(i)         A teacher who takes paternity leave shall be entitled to two weeks paid leave commencing on the day of birth of his child or on the day on which his spouse leaves hospital following the birth.  This paid leave is to be deducted from Carer's Leave available to the teacher pursuant to sub-clause 9.3 of this award (NB: spouse means a spouse as defined in sub-clause 9.3 Carer's Leave).

 

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

 

(c)        Adoption Leave

 

(i)         A teacher who takes unpaid adoption leave of at least fourteen weeks for the purpose of adopting any child must be paid an allowance under this clause, providing the leave is taken before the child reaches full-time enrolment age.  (If a teacher takes a lesser period of leave the allowance shall be reduced accordingly). A teacher shall be entitled to an allowance of fourteen weeks pay, provided that the paid adoption allowance shall only be payable in respect of one adopting parent of a child.

 

(ii)        The period of adoption leave will not count as a period of service under this award or any statute.

 

(iii)       A teacher shall be required to give written notice of the approval or other decision to adopt a child at least 10 weeks prior to the expected date of placement of the child and shall provide other notice consistent with the provisions of section 58 (3) of the Industrial Relations Act 1996.

 

(d)        Parental Leave Entitlement for Casual Teachers

 

An employer must not fail to re-engage a regular casual teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW)) because:

 

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

 

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

 

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

 

(e)        Right to request

 

(i)         A teacher entitled to parental leave may request the employer to allow the teacher:

 

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

 

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

 

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

 

to assist the teacher in reconciling work and parental responsibilities.

 

(ii)        The employer shall consider the request having regard to the teacher’s circumstances and, provided the request is genuinely based on the teacher’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.

 

(iii)       Teacher’s request and the employer’s decision to be in writing

 

The teacher’s request and the employer’s decision made under subparagraphs (i) (B) and (C) of this paragraph must be recorded in writing.

 

(iv)       Request to return to work part-time

 

Where a teacher wishes to make a request under subparagraph (i) (C), such a request must be made as soon as possible before the date upon which the employee is due to return to work from parental leave.

 

(f)         Communication during parental leave

 

(i)         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:

 

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

 

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

 

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

 

(iii)       The teacher shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subparagraph (i).

 

9.5        Long Service Leave

 

(a)        General Provisions

 

(i)         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.

 

(ii)        For the purpose of this sub-clause 9.5 Long Service Leave, a teacher shall be deemed to have completed a year of service if he or she had been employed for the whole of the term time of that calendar year.

 

(b)        Quantum of Leave

 

Subject to clause 9.5 (c) the amount of long service leave to which a teacher shall be entitled shall:

 

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

 

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

 

(B)       in respect of each additional five years of service with the employer since the teacher last became entitled to long service leave, 10 weeks; and

 

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

 

(ii)        In the case of a teacher who has completed with an employer five years service, and whose services are terminated by the employer for any reason other than misconduct or cease for any other reason, be a proportionate amount on the basis of 13 weeks for ten years service (such service to include service with the employer as an adult and otherwise than as an adult).

 

(c)        Calculation of Entitlement

 

Teachers employed in a school

 

In the case of a teacher whose service with an employer began before 1 January 2007, 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

 

(B)       An amount calculated on the basis of the provisions of clause 12 Long Service Leave of the Teachers (Non Government Schools) (State) Award published 10 May 1996 (292 I.G. 651) in respect of the period from 1 August 1985 to 30 April 1995; and

 

(C)       An amount calculated on the basis of the provisions of clause 12 Long Service Leave of the Teachers (Independent Schools) (State) Award effective from 1 May 1995 until 28 January, 2001.

 

(D)       An amount calculated on the basis of the provisions of clause 10.5 (b) Long Service Leave of the Teachers (Independent Schools) (State) Award effective from 29 January 2001 until 31 August 2004.

 

(E)       An amount calculated on the basis of the provisions of clause 10.5 (b) Long Service Leave of the Teachers (Independent Schools) (State) Award effective from 1 September 2004 until 31 December 2006.

 

(F)       The relevant periods of calculation are listed in the table below:

 

 

(NB: for calculation of long service leave for teachers employed in a preschool, see Attachment C, Particular Conditions of Preschool Teachers).

 

(d)        Conditions of Taking Leave

 

(i)         Where a teacher has become entitled to long service leave in respect of the teacher's service with an 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.

 

(ii)        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, and concludes on the last day prior to 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. 

 

A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the school.

 

(iii)       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 subclause 9.5(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of subclause 5.6.

 

(iv)       Where long service leave is not taken in full term periods or in accordance with clause 9.5(d) (ii) it will be inclusive of pupil vacations.

 

(v)        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.

 

(e)        Long Service and Public Holidays

 

A period of long service leave shall be inclusive of any public holidays falling within the period of leave.

 

(f)         The service of a teacher with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking maternity leave (including paid and unpaid leave in accordance with clause 9.4 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.

 

(g)        Payment in Lieu of Long Service Leave

 

(i)         Where a teacher takes long service leave for an entire school term, the teacher may request and the employer may agree that, in addition to the long service leave, the teacher be paid an amount in lieu of any additional long service leave accumulated by the teacher, prior to the commencement of the long service leave.

 

(ii)        The payment made by the employer in lieu of long service leave in clause 9.5 (g) (i) will not exceed five weeks’ salary.

 

(iii)       Any payment in clause 9.5 (g) (i) of this subclause will be paid by the employer upon the commencement of the teacher’s long service leave, unless otherwise agreed between the teacher and the employer.

 

(iv)       Where a payment in lieu of long service leave is paid by the employer in accordance with this subclause, a teacher’s entitlements to long service leave will be reduced by the extent of such payment.

 

9.6        Recognition of Immediate Past Service for the Calculation of Long Service Leave Credits

 

Where a teacher has utilised the provisions of the previous award , the Teachers (Independent Schools) (State) Award 2004, relating to recognition of prior service with a previous employer so that a teacher was entitled to a transferred long service leave accrual with a new employer, the obligations on the new employer and the entitlement of the teacher (as set out in the previous award) shall continue pursuant to the provisions of this award.

 

9.7        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 member of the employee's immediate family or household, as defined in clause 9.3 (a) (iii).

 

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

 

Bereavement leave may be taken in conjunction with leave available under clause 9.3.  In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operational requirements of the school.

 

Subject to the evidentiary and notice requirements in this subclause, casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 9.3 Carer’s Leave.

 

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

 

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

 

9.8        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.

 

9.9        Examination/Study Leave

 

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

 

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

 

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

 

9.10      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.

 

10.  Teacher Skill Development

 

10.1      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 or the Principal 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 clause 10.2.

 

10.2      A teacher may request and be given from time to time by the employer or the Principal 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.

 

10.3      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.

 

10.4      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 clause 10.1 with appropriate modification and shall be expected to participate as appropriate.

 

11.  Remuneration Package

 

11.1      This clause shall apply to those individual schools wishing to facilitate the provision of salary and benefit packages to individual members of staff covered by this award.

 

11.2      For the purposes of this clause:

 

(a)        ‘Benefits’ means the benefits nominated by the teacher from the benefits provided by the school and listed in clause 11.4 (c).

 

(b)        ‘Benefit Value’ means the amount specified by the school as the cost to the school of the Benefit provided including Fringe Benefit Tax, if any.

 

(c)        ‘Fringe Benefit Tax’ means tax imposed by the Fringe Benefits Tax Act 1986.

 

11.3      Conditions of Employment

 

Except as provided by this clause, teachers must be employed at a salary based on a rate of pay, and otherwise on terms and conditions, not less than those prescribed by this award.

 

11.4      Salary Packaging

 

The school may offer to provide and the teacher may agree in writing to accept:

 

(a)        the Benefits nominated by the teacher; and

 

(b)        a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher under clause 11.3, in the absence of an agreement under this clause.

 

(c)        The available Benefits are those made available by the school from the following list:

 

(i)         superannuation;

 

(ii)        childcare provided by the school;

 

(iii)       other benefits offered by the school.

 

(d)        The school must advise the teacher in writing of the Benefit Value before the agreement is entered into.

 

11.5      During the currency of an agreement under clause 11.4.

 

(a)        any teacher who takes paid leave on full pay shall receive the Benefits and salary referred to in clause 11.4 (a) and (b).

 

(b)        if a teacher takes leave without pay the teacher will not be entitled to any Benefits during the period of leave

 

(c)        if a teacher takes leave on less than full pay he or she shall receive:

 

(i)         the Benefits; and

 

(ii)        an amount of salary calculated by applying the formula:

 

A  =  S x P% - [(100% - P%) x B]

 

where:

 

S  =  the salary determined by paragraph (b) of subclause 11.4 of this clause

 

P  =  the percentage of salary payable during the leave

 

B  =  Benefit Value

 

A  =  Amount of salary.

 

(d)        any other payment under this award, calculated by reference to the teacher's salary, however described, and payable:

 

(i)         during employment; or

 

(ii)        on termination of employment in respect of untaken paid leave; or

 

(iii)       on death,

 

shall be at the rate of pay which would have applied to the teacher under clause 11.3, in the absence of an agreement under clause 11.4 (a) and (b).

 

12.  Suspension

 

Notwithstanding any of the provisions in this award, an 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

 

13.  Disputes Procedure

 

13.1      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.

 

13.2      Any grievance or dispute which arises shall, where possible, be settled by discussion between the staff member and the Principal or his/her nominee in accordance with any procedures that have been adopted by the school.

 

13.3      If no agreement is reached, and the staff member seeks assistance from the IEU, where the school is a member of the Association of Independent Schools ("AIS") the IEU will refer the matter to the AIS in accordance with the procedure set out in Attachment E-Settlement Procedure - Agreement between the AIS and IEU. 

 

13.4      Should the matter not be resolved, it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.

 

14.  No Extra Claims and Leave Reserved

 

14.1      Subject to subclause 14.2. it is a term of this award that the union undertakes not to pursue any extra claims, award or over award, until 31 December 2010.

 

14.2      The appropriate rate of pay for the classification of Professionally Accomplished Teacher shall be the subject of further discussion between the parties pending finalisation of the procedures for access by the NSW Institute of Teachers.  If no agreement is reached on the rate of pay and other matters related to this classification such that this award is varied by consent, leave is reserved to the union to apply to the Industrial Relations Commission in relation to this classification.

 

15.  Superannuation

 

15.1      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 clauses 3.1 and 3.5; and

 

(ii)        the amount of any allowance which is prescribed from time to time for the employee by clauses 3.2 and clause 7.3; and

 

(iii)       the amount of all payments made to the employee pursuant to clause 5 Pro Rata Annual Leave Payments.

 

(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; or

 

(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.

 

15.2      Fund

 

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

 

15.3      Benefits

 

(a)        Except as provided in clause 15.3 (b), (d), (e) (g) and (h), each 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 per cent of the employee’s basic earnings.

 

(b)        Where an employee is absent on sick leave and only entitled pursuant to the provisions of this award to receive payment for such sick leave at half pay, the employers' contributions pursuant to this award in respect of that employee during the period of such sick leave shall be reduced to nine per cent of the half pay to which the employee is entitled.

 

(c)        Subject to clause 15.3 (g), 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.

 

(d)        An 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.

 

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

 

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

 

(g)        An 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 that employer.

 

Such contributions shall be made in respect of all days worked by the employee for the employer 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.

 

(h)        Notwithstanding the provisions of paragraph (a) of this subclause, an employer shall only be required to contribute superannuation at the rate of 3% in respect of an employee of seventy years of age or older.

 

(i)         Where an 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 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.

 

(j)         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 clause 15.3 (e) in the case of a full-time employee and clause 15.3 (g) in the case of a casual employee.

 

15.4      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 clause 15.3 (f) or 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.

 

16.  Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in 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 responsibility as a carer.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in this award the parties have obligations to ensure that the operation of the provisions 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 term of operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee who has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)        Nothing in this clause is to be taken to effect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation

 

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

 

(iii)       a party to this award from pursing matters of unlawful discrimination.

 

(e)        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.

 

(i)         Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation.

 

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

 

"Nothing in the 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."

 

17.  Area, Incidence and Duration

 

17.1      This award rescinds and replaces the Teachers (Independent Schools) (State) Award 2004, published on 17 June 2005 (351 I.G. 872).

 

17.2      It shall apply to all teachers and teacher/librarians employed in any recognised independent school or special school registered under the provisions of the Education Act 1990 in the State, including the independent schools listed below:

 

 

but excluding all Catholic schools not listed in this subclause.  It shall also apply to teachers employed in a pre-school attached to or operated by an independent school covered by this award.

 

Provided further that the award shall not apply to the following persons:

 

(a)        Teachers of music or other individual arts who are remunerated on an individual fee basis; and

 

(b)        Members of a recognised religious order and/or Clerks in Holy Orders, and/or Ministers of Religion [including a Minister/Teacher or a Missionary/Teacher who is a member of the Seventh Day Adventist Church and who teaches in a school operated by a local Conference of the Australasian Division of the Seventh Day Adventist Church], provided that application may be made on behalf of any such member to be included within the scope of this award;

 

(c)        Employees of all city, municipal, shire and county schools;

 

(d)        Employees within the jurisdiction of the Independent Schools and Colleges, General Staff &c. (State) Industrial Committee and the Kindergartens &c. (State) Industrial Committee;

 

(e)        Persons employed in kindergartens, nursery schools or other pre-school centres licensed as child care centres under the Children (Care and Protection) Act 1987 other than such establishments attached to or operated by an independent school covered by this award.

 

17.3      It shall take effect from 1 January 2007 and shall remain in force thereafter until 31 December 2009.

 

PART B

 

MONETARY RATES

 

Table 1A - Salaries

 

 

Table 1B - Allowances for Promotions Positions

 

 

Table 1C - Directors Allowances

 

 

Table 2 - Other Rates and Allowances

 

 

Table 3 - Casual Rates (Daily, Half Daily, Pre-school Only Quarter Day)

 

 

ATTACHMENT A

 

Teacher Classifications

 

This Attachment contains more detail concerning qualifications equivalent to those specified for classifications in clause 2. Definitions of this award.

 

(a)        Four Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

(i)         A teacher who has satisfactorily completed a four years’ training course at Sydney Teachers’ College and the New South Wales Conservatorium of Music; or

 

(ii)        A teacher who has satisfactorily completed a four years’ diploma of Art course that incorporates the equivalent of a one year’s full-time course in teacher education at a recognised higher education institution; or

 

(iii)       A teacher, who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution;

 

(iv)       A teacher, 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;

 

(v)        A teacher, who in addition to being a graduate, is eligible for Associate (Professional) Membership of the Library Association of Australia.

 

(b)        Three Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

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

 

(ii)        A teacher who was classified as a Three Years Conditionally Classified Teacher prior to the introduction of this award 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

 

(iii)       A teacher employed as a teacher-librarian who is eligible for Associate (Professional) Membership of the Library Association of Australia, but is not a graduate.

 

(iv)       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

 

(c)        Two Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

(i)         A teacher who was classified as a Two Years Conditionally Classified Teacher prior to the introduction of this award and 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

 

(ii)        A teacher who was classified as a One Year Trained Teacher prior to the introduction of this award and who in addition to the qualifications necessary for that classification, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution.

 

Provided that a teacher who is not otherwise classified pursuant to this award, shall be deemed to be a Two Years Trained Teacher.

 

ATTACHMENT B

 

TEACHER/LIBRARIANS

 

1.          "Teacher/librarian - Class A" means an academically trained teacher or librarian employed mainly as a librarian but whose duties may include teaching as required.

 

"Teacher/librarian - Class B" means a person other than a teacher/librarian, Class A, employed mainly as a librarian but whose duties may include teaching as required.

 

2.          Without limiting the ordinary meaning of either of the above definitions, a teacher/librarian shall perform duties, as required, in accordance with the general outline of duties of teacher/librarians set out hereafter.

 

3.          A teacher/librarian may be employed as a full-time teacher, a temporary teacher, a part-time teacher, or a casual teacher and whichever one of these categories is applicable to a particular teacher/librarian shall, for the purpose of this award, be referred to as the temporal nature of that employee's employment.

 

4.          A Teacher/librarian - Class A may be classified as:

 

(a)        a One Year Trained Teacher; or

 

(b)        a Two Years Trained Teacher; or

 

(c)        a Three Years Trained Teacher; or

 

(d)        a Four Years Trained Teacher; or

 

(e)        a Five Years Trained Teacher; or

 

(f)         a Conditionally Classified Two Years or Three Years Trained Teacher; or

 

(g)        a Conditionally Classified Four Years Trained Teacher;

 

and whichever one of these categories is applicable to a particular teacher/librarian -Class A, shall for the purposes of this award, be referred to as the teaching status of that employee.

 

5.

 

(a)        A Teacher/librarian - Class A, shall be paid according to teaching status and the temporal nature of the teacher's employment, respectively, the relevant salary prescribed by clause 3.

 

(b)        A Teacher/librarian - Class B, shall be paid, according to the temporal nature of the teacher's employment the relevant salary prescribed for Teacher Not Otherwise Classified by clause 3.1 (f).

 

6.          The General Outline of Duties of Teacher/librarians

 

The integration of the library as a learning laboratory into the teaching programme requires that the librarian act as a teacher, a curriculum consultant and a materials specialist.

 

(a)        Educational Programme

 

(i)         A teacher/librarian shall have a general professional involvement in the school's teaching and learning programme by:

 

(A)       participation in curricula development and revision;

 

(B)       assisting individual teachers in curriculum planning;

 

(C)       evaluating the suitability of facilities, equipment, materials and services with regard to learning outcomes;

 

(D)       establishing a basic library policy in consultation with Principal and staff;

 

(E)        being responsible for conduct and discipline of pupils while in the library.

 

(ii)        A teacher/librarian shall exercise initiative in improving methods of teaching and learning by:

 

(A)       developing new uses for materials and equipment;

 

(B)       working with teachers to design innovations in teaching and learning;

 

(C)       participation in in-service programmes.

 

(iii)       A teacher/librarian shall ensure that students and staff learn the necessary skills to locate, select and use efficiently library materials and equipment by:

 

(A)       co-ordinating library activities with school instructional programmes and introducing materials of special interest;

 

(B)       planning a sequential programme of library instruction with teaching staff;

 

(C)       giving incidental instruction in library skills;

 

(D)       co-operating with staff to assist students to develop competency in reading, listening and viewing skills;

 

(E)        designing and implementing with the teaching staff a programme to develop student learning skills.

 

(iv)      A teacher/librarian shall be responsive to user demand by performing general reference and advisory user services.

 

(v)       A teacher/librarian shall stimulate user demand by:

 

(A)       assisting in developing and directing individual reading, listening and viewing guidance programmes;

 

(B)       promoting and publicising within the school the services of the library and the resources of the community outside the library.

 

(vi)      A teacher/librarian shall maintain a continuing interest in educational research by:

 

(A)       disseminating research findings;

 

(B)       seeking, when appropriate, staff assistance to implement relevant findings within the school;

 

(C)       undertaking research.

 

(b)        Provision of Materials, Equipment and Technical Services

 

(i)         A teacher/librarian shall perform the selection duties of:

 

(A)       determining and keeping under constant review materials selection policy;

 

(B)       enlisting staff participation in evaluation and selecting materials;

 

(C)       providing selection aids for finding new materials;

 

(D)       participating in a variety of activities designed to acquire knowledge of new materials;

 

(E)        evaluating and selecting print and non-print materials.

 

(ii)        A teacher/librarian shall perform the acquisition duties of:

 

(A)       establishing ordering policies;

 

(B)       establishing acquisition policies;

 

(C)       establishing an integrated and balanced acquisition of stock.

 

(iii)       A teacher/librarian shall perform the production duties of:

 

(A)       initiating the production of materials and equipment for teaching and learning situations;

 

(B)       initiating the adaptation of commercial materials and equipment to meet special needs.

 

(iv)      A teacher/librarian shall perform the organisational duties of:

 

(A)       establishing cataloguing and classification procedures;

 

(B)       establishing processing procedures;

 

(C)       establishing procedures for circulation of materials;

 

(D)       establishing procedures for maintenance, repairs and culling of materials.

 

(c)        Administrative Role

 

A teacher/librarian shall perform the administrative duties of:

 

(i)         preparing and administering the library budget;

 

(ii)        selecting [when required by the Principal], training and supervising library staff;

 

(iii)       scheduling and evaluating the work of the library staff;

 

(iv)      devising systems for the acquisition, organisation, circulation, maintenance of materials and equipment;

 

(v)       preparing work manuals outlining appropriate technical procedures;

 

(vi)      maintaining statistical records which will support the evaluation of library organisation and services;

 

(vii)     submitting reports to administration;

 

(viii)    establishing communication with central administrative offices;

 

(ix)       organising and keeping under constant review the arrangement of library space and furniture;

 

(x)        participating in the preparation of the educational specifications of the planning of library facilities.

 

(d)        Other Professional Duties

 

A teacher/librarian shall perform such teaching and/or other professional duties as may be required from time to time by the Principal.

 

(e)        Accountability

 

A teacher/librarian shall be accountable to the Principal for the proper use of the library and its services.

 

ATTACHMENT C

 

PARTICULAR CONDITIONS OF PRE-SCHOOL TEACHERS

 

1.          Introduction

 

The conditions of this award shall apply to teachers in pre-schools subject to the modifications contained in this clause.

 

2.          Definitions

 

(a)        "Two Years Trained Teacher" means, in the case of a preschool teacher, a teacher who has completed a two years full-time course of study in Early Childhood Education at a recognised higher education institution provided further a teacher employed in a pre-school who is not classified as a Three Years Trained Teacher or a Four Years Trained Teacher shall be paid as a Two Years Trained Teacher.

 

(b)        "Director" means the teacher employed in a pre-school who is responsible for the day to day operation of the pre-school.

 

(c)        "Pre-School" means an establishment which provides educational development programmes, child care or other services for children under school age and which usually operates during hours and terms which approximate those of a recognised school.  A pre-school may operate on a sessional basis (morning and/or afternoon sessions) or on a full day basis.

 

(d)        "Early Childhood Services Centre" (ECS Centre) means an establishment which provides child care and/or educational development programmes or other services for children under school age and shall include:

 

(i)         "Early Intervention Services" means individual programmes for children with developmental delays or disabilities, or children at risk of being developmentally delayed or of having a disability, aged 0 to 6 years, aimed at providing assistance to the child and its family in the areas of physical, emotional, social and educational needs.

 

(ii)        "Long Day Care Centre" means a child care establishment which usually provides services over a period of approximately eight hours or more each day for approximately 48 weeks or more during the year.

 

(iii)       "Multi-Purpose Centre" means a child care establishment which usually provides the services of a long day care centre, together with the services of a full-day care centre and/or a sessional care centre.

 

(e)        "Unit" means a group or class of children in a pre-school which does not at any time exceed 25 children, but which need not necessarily consist of the same children at all times.

 

3.          Payment of Casual Teachers

 

A casual teacher in a pre-school shall be paid the appropriate rate in clause 3.1 in accordance with years of full-time service, divided by 204 in the case of a daily payment and 408 in the case of a half-day payment or 816 in the case of a quarterly day payment, plus 5%.

 

4.          Calculation of Service for Pre-School Teachers

 

(a)        For the purpose of this clause, any teacher if required by the employer to do so, shall upon engagement establish to the satisfaction of the employer, the length of his or her teaching service in any Pre-School, Early Childhood Services Centre (ECS Centre), Multi-Purpose Centre or in early childhood education services for children up to 8 years of age, or in the Infants Department of Schools registered or certified under the appropriate legislation in other States or Territories of the Commonwealth of Australia, and that period so established shall be taken to be the length of such service for the purpose of that employment.

 

(i)         Any employment as a full-time employee (including employment as a temporary full-time employee) as referred to in clause 4 (b) (i) and (ii) 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 worked by the teacher in any year bears to the normal number of hours worked by a full-time teacher at that pre-school in the same year, provided that a period of part-time service in terms of clause 4 (b) (ii) shall count as service in the proportion that the part-time employment bears to full-time employment in that occupation.

 

(iii)       The amount of service of a casual teacher employed in an ECS Centre shall be calculated by reference to the ratio which the number of days (or equivalent) worked by the teacher in any year bears to the normal number of days worked by a full-time teacher at the ECS Centre in the same year.

 

(b)        For the purpose of this clause, a period of service other than service within paragraph 4 (a) of this clause, shall be counted as service in accordance with the following principles:

 

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

 

(iii)       A period of service as a carer in the child care industry, including service as a Family Day Care carer (as recognised under State Government Regulations), and a Child Care Certificate worker or equivalent, shall be recognised as service at the rate of one increment for each completed three years so engaged to a maximum of four increments.

 

5.          Directors

 

A teacher appointed to the position of Director in a pre-school shall be paid the allowance for the position as set out in Part B, Table 1C in addition to the salary applicable to the appointee (as set out in Table 1A).

 

6.          Long Service Leave - Quantum of leave and Calculation of Entitlement for Teachers Employed in a Pre-School

 

The amount of long service leave to which a teacher employed in a pre-school shall be entitled is as follows:

 

(i)         An amount calculated on the basis of the Long Service Leave Act in respect of the period of service before 1 January, 1998 and

 

(ii)        After 1 January 1998, in the case of a pre-school teacher who has completed at least ten years of service with the same employer be in respect of ten years of service so completed 10.5 weeks.

 

(iii)       For the period from 1 January 1998 to 31 December 1998, a pre-school teacher who has completed ten years service at 1 January 1998, shall accrue leave on the basis of 1.05 weeks per annum.

 

(iv)       For the period from 29th January, 2001, a pre-school teacher who has completed ten years service at 29th January, 2001, shall accrue leave on the basis of 1.3 weeks per annum.

 

(v)        Subject to clauses 10.5 (h) (i), (ii), (iii) and (iv), after 1 January 1999, in respect of each additional seven years of service with the employer since the teacher last became entitled to long service leave, 10.5 weeks.

 

(vi)       In the case of a teacher who has completed with an employer five years of service as an adult as of 1 May, 1997 and whose services are terminated by the employer for any reason other than misconduct or cease for any other reason, be a proportionate amount on the basis of clause 10.5 (h) (i) for service before  1 January 1998 and clause 10.5 (h) (ii) and (iii) for service after 1 January 1998 and clause 10.5 (h) (iv) for service after 29th January, 2001.

 

 

7.          Terms of Engagement

 

(a)        Crib Break

 

Not more than 30 minutes nor less than 20 minutes shall be allowed to teachers each day for a midday crib break.  Such crib break shall be counted as time worked.

 

Provided however that a teacher may, by agreement with the employer, leave the premises during the crib break.  Where such reasonable request has been made by the teacher, the employer shall give favourable consideration to any such request.  Such time away from the premises shall not count as time worked.

 

(b)        First Aid Certificate

 

(i)         Teachers shall be required to obtain and maintain an approved first aid certificate.

 

(ii)        Teachers employed in Pre-Schools will attend such first aid courses in the teacher’s own time.

 

(c)        Part-Time Teachers

 

NB - also see other relevant provisions of this award.

 

The days of attendance of a part-time teacher may be varied at the commencement of each calendar year or by mutual agreement between the teacher and the employer with four term weeks notice.  The normal hours of a part-time teacher shall not be varied without agreement. Agreement will not be unreasonably withheld.

 

8.          Superannuation

 

In the case of a teacher employed in a pre-school, the employer shall make available both HESTA - Health Employees Superannuation Trust Australia and the New South Wales Non-government Schools Superannuation Fund

 

ATTACHMENT D

 

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:

 

 

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 Commonwealth Employment Service

 

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

4.7        Department of Social Security Employment Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an ‘Employment Separation Certificate’ in the form required by 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:

 

 

5.1.2    Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

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.

 

5.2        Incapacity to Pay

 

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

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 5.1 above will have on the employer.

 

5.3        Alternative Employment

 

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

 

ATTACHMENT E

 

SETTLEMENT PROCEDURE : AGREEMENT BETWEEN THE AIS AND THE IEU

 

1.          Underlying Principles

 

The Association of Independent Schools and the New South Wales Independent Education Union each has responsibilities toward their respective members which are recognised and respected.  The two organisations also have a number of interests in common.  These include the recognition and acceptance of the following:

 

A.        The quality and public perception of Independent Schooling is of significance and both recognise that there is mutual responsibility to protect, promote, develop and enhance this sector of schooling in N.S.W.

 

B.         There is mutual benefit to their memberships in there being a working relationship between the two organisations which is built on professional attitudes and clearly established and recognised procedures.

 

C.         The individuality and authority of each Independent School, as well as the individuality and rights of each staff member.

 

D.         The attitudes and interests in common include:

 

(i)         An interest in helping to maintain a working environment in which quality education can be provided in a manner consistent with the School's Aims and Objectives and its philosophy.

 

(ii)        A common view that quality education is most likely to be provided where there is recognition, encouragement and support for the professional attitudes rights and growth of staff members as well as for their personal needs and developments and the industrial rights of all parties.

 

E.         The right of employee(s) and the employer(s) to seek assistance and advice from their respective Associations.

 

2.          Operational Procedures Between The AIS And The IEU

 

The right of each organisation to deal with its members as it sees fit notwithstanding, it is agreed that the following will be the general principles upon which each organisation will approach the attempts to resolve difficulties that have not been resolved by direct discussion between the employer and employee concerned.

 

A.        Both organisations recognise that it is generally preferable for perceived problems to be discussed between the staff member and the Principal of the school concerned with a view to resolving the matter and that it is only when the normal employer employee process does not achieve a mutually satisfactory result that it is appropriate for the matter to be discussed formally between the AIS and the IEU.  This does not preclude earlier informal discussions where appropriate nor does it preclude discussion between the IEU and its members in a school as to the most appropriate method of resolving a problem.

 

B.         The IEU undertakes to refer to the AIS matters in which it seeks information from an Independent School or to discuss the matters that are of concern to its members and to do this wherever possible before encouraging school staff and IEU chapters to pass resolutions about the matter.

 

C.         The AIS undertakes to respond by seeking discussions with the school to ascertain its wishes as to how (and where necessary, through whom) it wishes to proceed in dealing with the matter and to advise the IEU of the school's decision.

 

D.         The steps that will then follow will be determined to suit the particular matter but in general can be expected to be as follows:

 

The AIS and IEU will discuss the matter with a view to:

 

(a)        identifying the facts of the matter to ensure that it is not misunderstandings that have created the problem;

 

(b)       clarifying the issues and wishes of each of those involved;

 

(c)        exploring the options that appear to be available;

 

(d)       where possible, assisting the parties to arrive at a mutually satisfactory solution;

 

(e)        nothing in the above diminishes the right of either party to refer any matter to the Industrial Relations Commission.

 

E.         As a general rule the school, the employee, the AIS and the IEU will maintain confidentiality to ensure that the dignity of the employee, the school and its personnel are maintained wherever possible.

 

The AIS and IEU will, where deemed advisable, prepare sufficient documents to confirm the agreement and assist in its implementation.

 

 

 

M. J. WALTON J , Vice-President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.