Boarding House Staff (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 196 of 2007)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A - CONDITIONS

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Wages

4.         Payment of Wages

5.         Contract of Employment

5A.      Secure Employment

6.         Hours of Work

7.         Sick Leave

8.         Annual Leave and Payment on Termination

9.         Annual Leave Loading

10.       Long Service Leave

11.       Parental Leave

12.       Carer's Leave

13.       Bereavement Leave

14.       Jury Service

15.       Disputes Procedure

15A.    Anti-Discrimination

16.       Supervision of Students

17.       Higher Duties

18.       Travelling Expenses and Allowances

19.       Superannuation

20.       Remuneration Package

21.       Savings Clause

22.       No Extra Claims

23.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

ATTACHMENT A

 

Disputes Settlement Procedure

 

2.  Definitions

 

(i)         "Award" means the Boarding House Staff (Independent Schools) (State) Award.

 

(ii)        "Employee" means a person who is employed with responsibility for the pastoral care and supervision of students in a boarding house.

 

(iii)       "Employer" means the employer of an employee to whom the award applies.

 

(iv)       "Part-time Employee" means an employee who works a constant number of hours each week which is less than 38 hours per week.

 

(v)        "Casual Employee" means an employee engaged and paid as such.

 

(vi)       "Temporary Employee" means an employee employed for a specific purpose to work full-time or part-time for a period not to exceed 24 months.

 

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

 

(viii)     "Shift" shall mean the defined hours of duty (including broken periods) allocated to an employee in accordance with the work roster for any 24 hours period.

 

3.  Wages

 

(i)         The minimum weekly rate of pay for employees shall, subject to the other provisions of this award, be calculated by dividing the salaries set out in Table 1 - Wage Rates, of Part B - Monetary Rates, by 52.14.

 

(ii)        Classifications

 

An employee shall be initially appointed to the appropriate level as determined by the employee's skills and duties required to be performed in the position, as set out below:

 

(a)        A Level 1 position is one where the employee undertakes basic duties to assist the person in charge of the boarding house in the daily routines involving the care of students and the general functions of the boarding house.

 

(b)        A Level 2 position is one where the employee carries out the duties of a Level 1 employee but while actively on duty may deputise as required from time to time for the person in charge of the boarding house.

 

(c)        A Level 3 position is one where the employee is responsible for the management of a boarding house and has a significant concern for the welfare of the students.  Duties include the maintenance of effective communication with the parents of students and the supervision of other staff covered by this award in the boarding house.

 

(d)        A Level 4 position is one where the employee is responsible to the Principal of a school for the overall supervision of the recreational and personal general welfare of all students and has overall responsibility for the administration of two or more boarding houses.

 

(iii)       Part-time Employees

 

Part-time employees shall be paid at the same weekly rate as a full-time employee with the corresponding classification but in that proportion which the number of hours for which the part-time employee is rostered to work bears to the number of hours for which a full-time employee at that boarding house is rostered to work.

 

(iv)       Casual Employees

 

Casual employees shall be paid:

 

(a)        at the same weekly rate as a full-time employee with the corresponding classification but in that proportion which the number of hours rostered to be worked by the casual employee bear to the hours rostered to be worked by the full-time employee at that boarding house; plus

 

(b)        25 per cent of that amount (inclusive of payment in lieu of annual holidays required to be paid under the Annual Holidays Act 1944).

 

(v)        The hourly rates for part-time and casual employees shall be calculated to the nearest whole cent, any amount less than a half cent in the result to be disregarded.

 

4.  Payment of Wages

 

(i)         The wages payable to an employee other than a casual employee shall be payable at the employer's discretion either weekly, fortnightly or half-monthly.

 

(ii)        Wages payable to an employee shall be payable, at the employer's discretion, by either cash, cheque or electronic funds transfer into an account nominated by the employee.

 

5.  Contract of Employment

 

(i)         On appointment, the employer shall provide full-time and part-time employees with a letter of appointment setting out the following:

 

(a)        the classification and rate of pay of the employee;

 

(b)        the rostered number of hours to be worked each week and the number of weeks to be worked throughout the year.

 

(ii)        Except for the first week of employment, the employment of a full-time or part-time employee may be terminated by four weeks notice given by either party or by the payment or forfeiture, as the case may be, of four weeks wages in lieu of notice.  This shall not affect the right of the employer to summarily dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.

 

NOTATION:  Reference should be made to Federal legislation which may require more than four weeks notice to be given by employers when terminating the services of an employee in some instances.]

 

(iii)       In the case of a casual employee, one day's notice shall be given by either party.

 

(iv)       On the termination of employment the employer shall, at the request of the employee, give to such employee a statement signed by the employer stating the period of employment, the employee's classification, and when the employment terminated.

 

(v)        Redundancy

 

See Part C - Redundancy

 

5A.  Secure Employment

 

(i)         Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(ii)        Casual Conversion

 

(a)        A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)        very employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(c)        Any casual employee who has a right to elect under paragraph (ii)(a), upon receiving notice under paragraph (ii)(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)        Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(f)         If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (ii)(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (ii)(c), discuss and agree upon:

 

(1)        whether the employee will convert to full-time or part-time employment; and

 

(2)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)        Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(iii)       Occupational Health and Safety

 

(a)        For the purposes of this subclause, the following definitions shall apply:

 

(1)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(b)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(c)        Nothing in this subclause (iii) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)       Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(v)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

6.  Hours of Work

 

(i)         An employee rostered on duty during meal times shall be entitled to a meal and shall be allowed sufficient time to have such meal.

 

All employees shall be entitled to 48 hours off duty each week or 96 hours off each fortnight, at a time mutually convenient to the employer and the employee.  Such time off shall be consecutive, as far as practicable, unless the employee and employer agree otherwise.

 

(ii)        The rostered hours of work for full-time employees shall not exceed 172 hours in any period of four school term weeks.  Rostered hours include a period where the employee is required to be available for duty other than a period overnight when the employee is sleeping on the premises.  Both parties recognise the need for flexibility in this area of employment.

 

7.  Sick Leave

 

An employee, with the exception of a casual employee who is unable to attend for duty during the employee's working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct, shall be entitled to be paid for the time of such non-attendance subject to the following:

 

(i)         The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to payment under the Worker’s Compensation Act 1987.

 

(ii)        The employee shall, as soon as reasonably practicable and in any case prior to what would have been the normal commencement time, inform the employer of the employee's inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of absence.

 

(iii)       Other than in respect of the first two days absence in respect of sickness in any year an employee shall, upon request, provide a medical certificate addressed to the employer or, if the employer requires, to the school medical officer.  Notwithstanding the foregoing the employer may require other evidence of sickness.

 

(iv)       The employee shall, in respect of any year of continued employment, be entitled to ten days sick leave per year of service on full pay.  Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in respect of such year.

 

(v)        If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year. Sick leave will accumulate indefinitely.  Current sick leave entitlements shall be exhausted before accumulated leave is taken.

 

(vi)       Service prior to the first full pay period on or after 1 April 2007 will be taken into account for the purpose calculating sick leave accumulation in accordance with the award or any agreement applying to the employee prior to that date.  Service prior 1 May 1995 shall not be taken into account in determining accumulated sick leave entitlements provided that an employee shall retain sick leave, if any, accumulated pursuant to a contract of employment prior to that date.

 

(vii)      For the purposes of this clause a year means a year of service.

 

(viii)     Notwithstanding the provisions of subclause (iv) of this clause, the sick leave entitlement of a part-time employee shall be in that proportion which the number of hours rostered to be worked by the part-time employee in a week bears to the number of hours rostered to be worked in a week by a full-time employee at that boarding house.

 

8.  Annual Leave and Payment on Termination

 

(i)         All employees, other than casual employees, shall receive four weeks paid annual leave in accordance with the Annual Holidays Act 1944 such leave normally to be taken during the boarding house summer pupil vacation period.

 

(ii)        The provisions of the Annual Holidays Act, 1944 shall apply with respect to pro-rata payment on termination.

 

9.  Annual Leave Loading

 

(i)         A leave loading equivalent to 17.5 per cent of four weeks' salary shall be paid to an employee, other than a casual employee, who has completed twelve months' continuous service with the employer.

 

(ii)        The loading is the amount payable for the period at the rate of 17.5 per cent of the employee's weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing the annual holiday but shall not include any allowances or any other payments prescribed by this award.

 

(iii)

 

(a)        No loading is payable to an employee who takes annual holidays wholly or partly in advance; provided that, if the employee continues until the day when they would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ii) of this clause applying the award rates of wages payable on that day. 

 

(b)        Notwithstanding the provisions of paragraph (a) of this subclause, an employee shall be paid an annual holiday loading where the annual holiday is taken by agreement wholly or partly in advance during the summer pupil vacation period. The employee shall be entitled to the fraction of four weeks holiday loading as is equal to the number of weeks worked by the employee in that school year compared to the number of weeks in the year since the school service date.

 

(iv)

 

(a)        Where the employment of an employee is terminated by the employer for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (ii) of this clause, for the period not taken.

 

(b)        Except as provided in paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

10.  Long Service Leave

 

(i)         Applicability of Long Service Leave Act 1955.

 

Except in so far as expressly varied by the provisions of this clause the provisions of the Long Service Leave Act 1955 shall apply.

 

(ii)        Quantum of Leave

 

Subject to subclause (iii) of this clause, the amount of long service leave to which an employee shall be entitled shall:

 

(a)

 

(A)      in the case of an employee who has completed ten years service be in respect of such service - 10.5 weeks; and

 

(B)       in respect of each additional five years of service with the employer since the employee last became entitled to long service leave - 5.25 weeks; and

 

(C)       on the termination of the employee's services in respect of the number of years service with the employer completed since the employee last became entitled to an amount of long service leave, a proportionate amount on the basis of 1.05 weeks for each completed year of service; and

 

(b)        in the case of an employee who has completed five years adult service with an employer and whose services with the employer are terminated or cease for any reason other than misconduct be a proportionate amount on the basis of 10.5 weeks for ten year’s service (such service to include service with the employer as an adult and otherwise than as an adult).

 

(iii)       Calculation of Entitlement

 

In the case of an employee whose service with an employer began before 1 May 1995 and whose service would entitle the employee to long service leave under this clause, the amount of long service leave to which the employee 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 May 1995; and

 

(b)        an amount calculated on the basis of the provisions of this clause from 1 May 1995.

 

(iv)       The service of an employee with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the employee taking maternity leave (including paid and unpaid leave) or 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.

 

(v)        Any long service leave shall be inclusive of any public holidays and other pupil vacation periods falling within the period of such leave.

 

11.  Parental Leave

 

(a)        Maternity Leave

 

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

 

(ii)        The amount of paid leave for an employee who takes leave shall be twelve weeks.

 

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

 

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

 

(v)        The employee must be paid:

 

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

 

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

 

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

 

(vii)      If an employee'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 employee is not entitled to the payment;

 

(B)       less than 20 weeks before the anticipated date of birth the employee 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)       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 an employee 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)         An employee who takes paternity leave shall be entitled to 2 weeks paid leave commencing on the day of birth of his child or on the day on which his spouse leaves hospital following the birth.  This paid leave is to be deducted from Carer's Leave available to the employee pursuant to clause 12 of this award (NB: spouse means a spouse as defined in Clause 12 Carer's Leave).

 

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

 

(c)        Adoption Leave

 

An employee shall be entitled to twelve weeks paid leave for the purpose of adopting any child providing the leave is taken on or after 1 April 2007 and before the child reaches full-time enrolment age, provided that an employee who commences adoption leave prior to 1 April 2007 shall be entitled to nine weeks paid leave.

 

(d)        Parental Leave Entitlement for Casual Employees

 

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

 

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

 

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

 

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

 

(e)        Right to request

 

(i)         An employee entitled to parental leave may request the employer to allow the employee:

 

(A)      to extend the period of simultaneous unpaid parental leave use 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 employee in reconciling work and parental responsibilities.

 

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

 

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

 

The employee’s request and the employer’s decision made under 11(e)(i)B and 11(e)(i)C must be recorded in writing.

 

(iv)       Request to return to work part-time

 

Where an employee wishes to make a request under subparagraph (i) (C) of this subclause, 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 employee held before commencing parental leave; and

 

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

 

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

 

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

 

12.  Carer’s Leave

 

12.1      Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 7 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.

 

(b)        The employee shall, if required,

 

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

 

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

 

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

 

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

 

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

 

(ii)        the person concerned being:

 

(A)       a member of the employee’s immediate family; or

 

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

 

The term ‘immediate family’ includes:

 

(1)        a spouse (including former spouse, a de facto spouse and a former de facto spouse) of the employee.  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

 

(2)        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 employee or spouse of the employee.

 

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

 

Where the parties are unable to reach agreement, the disputes procedure at clause 15 should be followed.

 

(d)        The employee 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 employee will have sick leave credits available to the extent of the leave to be taken.

 

(e)        Notwithstanding paragraph (a) of this subclause, a part-time employee is only entitled to an amount of carer’s leave in the same proportion the hours of a part-time employee bears to the hours of a full-time employee.

 

(f)         Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the employee in accordance with Clause 7 of the award.

 

12.2      Unpaid Leave

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of subclause 12.1 of this clause who is ill or who requires care due to an unexpected emergency.

 

12.3      Annual Leave

 

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

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five annual leave days are taken.

 

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

 

12.4      Make-up Time

 

An employee may elect, with the consent of their employer, to work ‘make-up time’, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

12.5      Carer’s Entitlement for casual employees

 

(a)        Subject to the requirements in paragraphs 12.1(b) and 12.1(d), casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in paragraph (c) of subclause 12.1 who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

13.  Bereavement Leave

 

(i)         An employee shall, on the death of the spouse, father, mother, parent-in-law, brother, sister, child, step-child, grandparent or grandchild of the employee, be entitled to leave up to and including the day of the funeral of such relation.  Such leave, for a period not exceeding three days in respect of any such death shall be without loss of any pay which the employee would have received if the employee had not been on such leave.

 

(ii)        The rights to such paid leave shall be dependent on compliance with the following conditions:

 

(a)        satisfactory evidence of such death shall be provided by the employee if required by the employer; and

 

(b)        the employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this award or otherwise.

 

(iii)       Bereavement leave shall be available to the employee in respect of the death of a member of the employee's immediate family or household, as defined in clause 12, Carer's Leave, of this award.

 

(iv)       Bereavement leave may be taken in conjunction with other leave available under subclauses 12.2, 12.3 and 12.4 of clause 12, Carer's Leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the school.

 

(v)        Bereavement leave entitlements for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person for whom the employee could have utilised Carer’s Leave in sub-clause 12.5, provided that for the purpose of this bereavement leave entitlement, the casual employee need not have been responsible for the care of the person concerned.  A casual employee must notify the employer as soon as practicable of the intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

 

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

 

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

 

14.  Jury Service

 

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

 

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

 

15.  Disputes Procedure

 

(i)         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.

 

(ii)        Any grievance or dispute which arises shall, where possible, be settled by discussion between the staff member and the Principal in accordance with any procedures that have been adopted by the school.

 

(iii)       If no agreement is reached and if the staff member seeks assistance from the union or another person, the matter will be referred to the Association of Independent Schools by the union or that person and shall be dealt with in accordance with the agreement between the Association of Independent Schools and the union (see Attachment A).

 

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

 

15A.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the objective of section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

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

 

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

 

(iv)       Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        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.

 

16.  Supervision of Students

 

During peak periods of the day additional personnel will be rostered for duty when dealing with large groups of children.

 

For the purposes of this clause, additional personnel may include teaching staff.

 

In determining supervisory levels, the school will recognise its obligation to maintain the appropriate duty of care.

 

17.  Higher Duties

 

Employees required to temporarily perform duties in a higher grade for more than five days shall be paid at the higher grade rate for the whole period during which those duties are performed.

 

18.  Travelling Expenses and Allowances

 

(i)         Travelling Expenses

 

(a)        When an employee, in the course of their duty, is required by the employer to go to any place away from their usual place of employment, they shall be paid all reasonable expenses actually incurred.

 

(b)        Any employee required to provide a motor car shall be paid extra per week at the rate set by Item 1 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates.

 

(c)        Where an employee is required to use their motor car by their employer on a casual or incidental basis, they shall be paid the rate set by Item 2 of the said Table 2, during such use.

 

(d)        If the employer provides a vehicle the employer shall pay the whole of the cost of the upkeep, registration, insurance, maintenance and running expenses.

 

(ii)        First Aid and Medication Allowance

 

An employee who is required by the employer to perform first aid duty and/or who is required from time to time to dispense medication to pupils in accordance with the school’s medication plan shall be paid an allowance as set by Table 3 of Part B - First Aid Allowance, provided that an employee shall not be rostered to perform first aid duty if the employee is not the current holder of appropriate first-aid qualifications, such as a certificate from the St John Ambulance or similar body.

 

Employees required to dispense medication shall receive written instructions relating to the administration and dosage of all medications, prior to the requirement to dispense, and where a particular medication requires that training be undertaken, such training shall be arranged and conducted during normal working hours at no expense to the employee.

 

19.  Superannuation

 

(i)         Fund

 

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

 

(ii)        Benefits

 

(a)        Except as provided in paragraphs (c), (d) and (f) of this subclause, each employer shall, in respect of each employee employed by the employer, 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 three per cent of the employee's basic earnings.

 

(b)        Subject to paragraph (d) of this subclause, contributions shall be paid at intervals in accordance with the procedures and subject to the requirements prescribed by the relevant fund or as agreed between each employer and the trustees of a fund.

 

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

 

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

 

Provided that if the employee has not applied to join a fund within six weeks of the employee's date of engagement the employer shall commence to pay contributions from the beginning of the next pay period commencing on or after the date on which the employee applied to join a fund.

 

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

 

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

 

(1)        casual employees who earn in excess of the Casual Qualification Amount, calculated in accordance with subclause (iv) of this Clause, 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 employee");  and

 

(2)        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.

 

(g)        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 of such employees, within two weeks of such approval the employer shall notify its employees of such approval and shall, if an employee so requests, provide the employee with a copy of the trust deed of such fund and of a letter from the Insurance and Superannuation Commissioner granting interim or final listing to the fund at a cost of 80 cents per page of such copies.

 

(h)        When a new employee commences in employment, the employer shall advise the employee in writing of the employee's entitlements under this clause and also of the provisions of paragraph (d) of this subclause in the case of an employee other than a casual employee, and paragraph (f) in the case of a casual employee.

 

(iii)       Transfers Between Funds

 

If an employee is eligible to belong to more than one fund, the employee shall be entitled to notify the employer that the employee wishes the employer to pay contributions in respect of the employee to a new fund but shall not be entitled to do so within three years after the notification made by the employee pursuant to paragraph (e) of subclause (ii), Benefits, of this clause, or within three years after the last notification made by the employee pursuant to this subclause.   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.

 

(iv)       Casual Qualification Amount

 

The "Casual Qualification Amount" referred to in subparagraph (1) of paragraph (f) of subclause (ii) of this clause is calculated by the following formula:

 

Level 1 employee casual hourly rate of pay x 152 or $2,274.00, whichever is the greater.

 

20.  Remuneration Package

 

(i)         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.

 

(ii)        For the purposes of this clause:

 

(a)        "Benefits" means the benefits nominated by the employee from the benefits provided by the school and listed in paragraph (c) of subclause (iv) of this clause.

 

(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.

 

(iii)       Conditions of Employment

 

Except as provided by this clause, employees 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.

 

(iv)       Salary Packaging

 

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

 

(a)        the Benefits nominated by the employee; and

 

(b)        a salary equal to the difference between the benefit value and the salary which would have applied to the employee or under subclause (iii) of this clause, in the absence of an agreement under this subclause.

 

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

 

(1)        superannuation;

 

(2)        childcare provided by the school;

 

(3)        other benefits offered by the school.

 

(d)        The school must advise the employee in writing of the benefit value before the agreement is entered into.

 

(v)        During the currency of an agreement under subclause (iv) of this clause:

 

(a)        Any employee who takes paid leave on full pay shall receive the benefits and salary referred to in paragraphs (a) and (b) of subclause (iv) of this clause.

 

(b)        If a employee takes leave without pay the employee will not be entitled to any benefits during the period of leave.

 

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

 

(1)        the benefits; and

 

(2)        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 (iv) 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 employee's salary, however described, and payable:

 

(1)        during employment; or

 

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

 

(3)        on death,

 

shall be at the rate of pay which would have applied to the employee under subclause (iii) of this clause, in the absence of an agreement under paragraphs (a) and (b) of subclause (iv) of this clause.

 

21.  Savings Clause

 

This award is made on the understanding that the salaries and conditions existing for employees at the date on which this award takes effect shall not be reduced merely as a consequence of the coming into operation of this award.

 

22.  No Extra Claims

 

It is a term of this award that the union undertakes not to make or pursue any extra claims for improvements in wages or other terms and conditions of employment until 31 January 2011.

 

23.  Area, Incidence and Duration

 

(i)         This award shall apply to all persons of the classes herein provided for, employed in boarding houses conducted by or on behalf of non-government schools including the independent schools listed below but excluding all Catholic schools not listed.

 

Chevalier College, Bowral;

 

Kincoppal - Rose Bay School;

 

Loreto College, Normanhurst;

 

St Ignatius College, Riverview;

 

St Stanislaus College, Bathurst;

 

St Vincent’s College, Potts Point.

 

Provided further that this award shall not apply to employees covered by:

 

(1)        Teachers (Independent Schools) (State) Award and employed as a teacher by that employer.

 

(2)        Miscellaneous Workers - Independent Schools and Colleges, &c. (State) Award.

 

(3)        The Royal New South Wales Institute for Deaf and Blind Children Employees' (State) Award.

 

(4)        Social and Community Services Employees (State) Award.

 

And provided further this award shall not apply to:

 

(a)        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 is employed in a boarding 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.

 

(b)        Students primarily enrolled and undertaking a study at a university or a college of TAFE, who are provided with board and lodging without charge by an employer covered by this award and who are rostered to work not more than 80 hours per four weeks.

 

(c)        Persons who are in full-time employment elsewhere other than at the school and are provided with board and lodging without charge seven days per week by an employer covered by this award and who are rostered to work not more than 80 hours per four weeks.

 

(d)        G A P students who are gaining experience under a "school to school interchange programme" with an employer covered by this award.

 

(ii)        This award rescinds and replaces the Boarding House Staff (Independent Schools) (State) Award 2004 published 15 April 2005 (350 I.G. 157) and all variations thereof.

 

(iii)       This award shall take effect from 16 February 2007 and remain in force until 15 February 2010.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

 

Table 2 - Other Rates and Allowances

 

 

Table 3 - First Aid Allowance

 

 

PART C

 

REDUNDANCY

 

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

 

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

 

1.3        Notwithstanding anything contained elsewhere in this award, the provisions of this part shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

1.4        This part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

2.          Employers duty to Notify and Discuss

 

2.1        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

2.2        The employer shall discuss with the employees effected and the union to which they belong the introduction of such changes and the likely effect on the employees and the measures taken to avert or mitigate the adverse effects of such changes.

 

2.3        ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

3.          Discussions before terminations

 

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

 

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

 

3.3        For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees  normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

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

 

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

 

4.1.1    In order to terminate the employment of an employee the employer shall give to the employee 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.

 

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

 

5.2        Incapacity to Pay

 

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

 

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

 

5.3        Alternative Employment

 

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

 

ATTACHMENT A

 

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 New South Wales.

 

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:

 

(i)         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 of New South Wales.

 

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. SCHMIDT J

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.