Community College Principals (New South Wales) Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Teachers Federation, Industrial Organisation of Employees.

 

(No. IRC 3095 of 2006)

 

 

AWARD

 

1.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1          Arrangement

2          Anti-Discrimination

3          Definitions

4          Contract and Tenure

5          Attendance

6          Salaries

7          Travelling Expenses

8          Public Holidays

9          Recreation Leave

10        Sick Leave

11        Maternity Leave

12        Adoption Leave

13        Parental Leave

14        Family and Community Service Leave

15        Personal Carer's Leave

16        Compassionate Leave

17        Long Service Leave

18        Grievance and Dispute Resolution Procedures

19        Superannuation

20        Duties as Directed

21        Salary Packaging

22        Secure Employment Test Case

23        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Annual Salary Rates

Table 2 - Other Rates and Allowances

 

2.  Anti-Discrimination

 

2.1        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 responsibilities as a carer.

 

2.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps 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 terms or operation, has a direct or indirect discriminatory effect.

 

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

 

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

 

a)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

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

 

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

 

d)         a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

Notes:

 

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

 

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

 

"Nothing in 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."

 

3.  Definitions

 

3.1        Adult Education Qualifications means those academic qualifications obtained by a principal from a recognised university or college of advanced education and satisfying the requirements of the Council or are deemed by the Council to be acceptable in lieu thereof.

 

3.2        College Council or Council means a constitutionally appointed Management Council of a college.

 

3.3        College Band means the total income received by the College as documented in the audited annual accounts of the College.

 

3.4        Community College means a community college, regional community college, an evening college, an adult education centre or college of adult education, listed in clause 20 of this Award.

 

3.5        Dependent relative of such principal means:

 

a)         the widow or widower of such principal; or

 

b)         if there is no such widow or widower, the children of such principal; or

 

c)         if there is no such widow or widower or children, such person who, in the opinion of the Council, was, at the time of the death of such principal, a dependent relative of such principal;

 

d)         widow or widower shall include a de facto widow or widower;

 

e)         where applicable, non-traditional and culturally based equivalents.

 

Where there is a guardian of any children entitled to payment due under this award, payment shall be made to the personal representative of the principal.

 

3.6        Employee means a Principal.

 

3.7        Employer means a College Council or Council.

 

3.8        Federation means the New South Wales Teachers Federation.

 

3.9        Principal means a person appointed as such by a college council to be the Chief Officer responsible for the educational and financial administration and management of a college and may include executive officer, director or equivalent or any successor thereto or any position notwithstanding the nomenclature, the duties of which are substantially those currently performed by a principal.

 

3.10      Graduate Principal means a principal who has obtained a relevant degree of a recognised university or college of advanced education or equivalent.

 

3.11      Non-graduate Principal means that the principal has satisfactorily completed at least two years of training in education at a recognised tertiary institution or its equivalent or gained such credentials which the Council may from time to time deem to be acceptable in lieu thereof.

 

4.  Contract and Tenure

 

4.1        Persons submitting applications for appointment as principal shall, to be eligible for appointment, provide evidence of educational qualifications or other equivalent qualifications.

 

4.2        A principal shall be appointed by the college council at a salary consistent with the minimum rates provided by this award, provided that initial appointment may be for a probationary period of three months. A principal must be notified prior to the expiration of this three-month period whether the appointment is to be confirmed or the probationary period is to be extended, for good reason, for a further period of no more than three months.

 

4.3        A principal must be notified prior to the expiration of the further period of no more than three months if the appointment is to be confirmed or good cause must be given for the termination of the appointment.

 

4.4        Appointment may be terminated for good cause by one month's notice in writing given at any time by the college council or such longer period as the council may choose. A principal wishing to terminate employment with the council shall give one month's notice in writing to the council or such shorter period to which the council may agree.

 

4.5        Failure of either side to comply with the notice requirement may result in the payment or the forfeiture of one month's salary in lieu of notice.

 

4.6        Provided that nothing in this clause shall prevent a principal's employment being terminated without notice on the grounds of the principal's serious misconduct.

 

5.  Attendance

 

A principal shall be on duty for a minimum attendance of 140 hours for each four-week period, i.e. 35 hours per week. The professional obligations of principals require a flexible approach to hours to cater for enrolment periods and the performance of duties at the principal's discretion outside normal college hours may be required.

 

6.  Salaries

 

6.1        The minimum annual salary payable to principals shall be determined in accordance with Table 1 - Annual Salary Rates, of Part B, Monetary Rates. The salary payable is to be determined by the College Band which the College where the Principal is employed is positioned. The College Bands are determined as follows:

 

(A)	College Band 1	over $3 million turnover;
(B)	College Band 2	over $1.5 million and under $3 million turnover;
(C)	College Band 3	under $1.5 million turnover.

 

6.1.1

 

a)         A non-graduate principal shall commence on Step 1 of the said Table l.

 

b)         A principal who is a graduate shall commence on Step 2.

 

c)         A principal who, in addition to the minimum qualifications as set out in subparagraphs 6.l.la) and 6.l.lb), has a recognised qualification in adult education from a university or college of advanced education shall commence on a rate one step higher than that provided for in subparagraphs 6.1.1 a) and 6.1. lb) within the College Bands described in paragraphs 6.1 (A), (B) and (C).

 

d)         A principal employed pursuant to subparagraph 6.1.1 a) shall progress in annual increments to Step 3 and then in biennial increments to Step 5.

 

e)         A principal employed pursuant to subparagraph 6.l.lb) shall progress in annual increments to Step 4 and then, after two years on Step 4, progress to Step 5.

 

f)          A principal employed pursuant to subparagraph 6.1.1 c) shall progress in annual increments to Step 5.

 

g)         A principal who, subsequent to initial appointment, upgrades his/her qualifications, provided that the qualifications are upgraded following negotiation with the college council, shall immediately progress to the same step on the incremental salary scale appropriate to a principal who has been appointed with such qualifications and with the same years of service/experience.

 

h)         By agreement between the principal and the college council, in order to reflect the principal's qualifications, experience and skill, a principal may be appointed to a salary above those specified in subparagraphs 6.1.1 a) to 6.1.1 c) and thereafter progress in annual increments to Step 5.

 

6.1.2     Where the turnover of a college used to determine the band of a Principal's position either increases or decreases so that the principal's position would be regraded to a higher or lower band than currently applies, then the variation in the Principal's band shall not be effected until the turnover is such that it has fallen within the new enrolment band for a period of 12 months.

 

6.1.3     The payment of increments under the scales of salaries prescribed by this award shall be subject to denial by the college council. A principal may appeal a decision to deny an increment in a manner consistent with clause 18, Grievance and Dispute Resolution Procedures.

 

6.1.4     Payment of Salary:

 

The salary payable to a principal pursuant to this clause shall normally be paid fortnightly or as otherwise agreed between the parties.

 

6.1.5     Annual leave loading of 17.5 per cent of four weeks salary will be paid annually in December or as otherwise mutually arranged by a principal and a college council. This loading is not payable upon death, resignation or termination.

 

6.1.6     Adjustment of salaries of principals at present employed:

 

a)         The salaries of principals covered by this award shall be adjusted as from the date of operation to the appropriate scale prescribed by this award on the basis of service in the position. For this purpose, principals shall be deemed to have the years of service indicated by the salary received under the scales in force immediately prior to the date of operation of this award.

 

b)         This award shall not operate so as to reduce the rate of pay being received by any principal or to reduce the rate of pay for which the principal would otherwise be eligible.

 

c)         After adjustment of salary, as provided in this clause, a principal shall be eligible for the first annual increment to which the principal may be entitled in accordance with this award on the anniversary of the date of appointment to the position which first occurs after the date of operation of this award. Further increments shall fall due each 12 months thereafter or as otherwise provided for in paragraph 6.1.1 of this subclause.

 

6.2        Qualifications:

 

For the purposes of this award and in particular paragraph 6.1.1 of this clause, the minimum qualifications required of a principal of a college are as follows:

 

6.2.1     To satisfy the conditions of subparagraph 6.l.la) of this clause, the principal shall have qualifications as defined in subclause 3.9 of clause 3, Definitions.

 

6.2.2     To satisfy the conditions of subparagraph 6. 1.1b), the principal shall be a graduate principal as defined in subclause 3.8 of the said clause 3.

 

6.2.3     To satisfy the conditions of subparagraph 6.1.1c), the principal shall have completed a qualification in adult education as defined in subclause 3.1 of the said clause 3.

 

7.  Travelling Expenses

 

7.1        Where a principal is required by the council to provide transport in connection with the principal's employment other than for journeys between home and the place of employment, the principal shall be paid an allowance as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, at or not less than the official business rate as prescribed by the Public Employment Industrial Relations Authority or Public Employment Office and published from time to time.

 

7.2        All other official travel shall be compensated for by an allowance at the specified journey rate as prescribed by the said authority and published from time to time.

 

7.3        College councils may come to an agreement with principals to provide a college car or novated car lease arrangements of no less value than the provisions set out in subclauses 7.1 and 7.2 of this clause.

 

8.  Public Holidays

 

8.1        Public holidays on full pay shall be allowed to principals.

 

8.2        For the purpose of this clause, the following shall be deemed to be public holidays: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day or any holiday proclaimed in lieu of such day or days, together with any other day duly proclaimed as a special day and observed as a public holiday within the area in which the principal's headquarters are situated.

 

9.  Recreation Leave

 

9.1        Recreation leave shall accrue from month to month at the rate of four weeks per annum, exclusive of public holidays.

 

9.2        Leave shall not be allowed to accrue beyond a maximum of ten weeks, without the approval of the college council.

 

9.3        Such leave shall be taken by the principal as arranged with the council at a time convenient to the council.

 

9.4        Recreation leave includes, in addition to the period specified in subclause 9.1 of this clause, a further period of two weeks paid leave. This may coincide in full or in part with the annual closure of the college.

 

9.5        Each principal shall be paid for the full period of leave to be taken before proceeding on recreation leave, if so requested.

 

9.6        A principal who has acquired a right to recreation leave shall, on the termination of the principal's services for any reason, be paid forthwith in lieu of such leave the monetary value thereof. Where a principal dies, such payment should be made to the dependent relative of such or, if there is no dependent relative, payment shall be made to the personal representative of the principal.

 

10.  Sick Leave

 

10.1      Where a principal is unable to perform duties on account of illness, the council shall grant such principal sick leave on full pay to the extent provided as follows:

 

10.1.1   During the first year of service, ten days. During the second or later years of service, 15 days in any period of 12 months.

 

10.1.2   A period calculated by allowing ten days for each completed year of service and deducting there from the amount of sick leave on full pay granted to the principal during his/her service, whichever is the greater.

 

11.  Maternity Leave

 

11.1      Entitlement

 

11.1.1   All principals who become pregnant are entitled to unpaid maternity leave irrespective of their length of service (refer to 11.4 for paid leave where appropriate).

 

11.1.2   A principal who is pregnant shall, be entitled to be granted maternity leave as follows:

 

a)         for a period up to nine weeks prior to the anticipated date of birth; and

 

b)         for a further period of up to 12 months after the actual date of birth.

 

A principal may be granted unpaid maternity leave earlier than 9 weeks prior to the anticipated date of birth, however this will not extend the total amount of maternity leave available.

 

11.1.3   A principal may take maternity leave as follows:

 

a)         as a period of leave on a full time basis totalling 12 months from the actual date of birth; or

 

b)         as a period of unpaid leave on a part time basis up to 24 months (equivalent of 12 months full time leave from the actual date of birth) at the discretion of the College Council; or

 

c)         as a combination of full time and part time leave provided that the total period of maternity leave taken does not exceed the equivalent of 12 months full time leave from the actual date of birth.

 

11.1.4   Accrued long service leave maybe taken concurrently with unpaid or half pay maternity leave.  A principal may take both accrued leave and accrued recreation leave concurrently with unpaid or half pay maternity leave.

 

11.1.5.  The period of 12 months in respect of full time maternity leave or 24 months in respect of part time maternity leave may be extended at the discretion of the College Council.

 

11.1.6   Should a principal not wish to return to duty on the expiration of the maximum period of maternity leave, leave without pay for personal reasons, or other leave to credit may be granted.

 

11.1.7   A further period of maternity leave maybe granted if pregnancy occurs while on maternity leave. Any residual leave relevant to the initial period of maternity leave will be cancelled and maternity leave appropriate to the anticipated date of birth applies in respect of the subsequent pregnancy.

 

11.2      Right to Request

 

11.2.1   A principal entitled to maternity leave may request the College Council allow the principal:

 

a)         to extend the period of simultaneous maternity leave use up to a maximum of eight weeks'; (to be read in conjunction with clause 13 Parental Leave)

 

b)         to extend the period of unpaid maternity leave for a further continuous period of leave not exceeding 12 months;

 

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

 

to assist the principal in reconciling work and parental responsibilities.

 

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

 

11.2.3   The principal's request and the College Council's decision made under 11.2.1 b) and 11.2.1 c) must be recorded in writing.

 

11.2.4   Where a principal wishes to make a request under 11.2.1 c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the principal is due to return to work from maternity leave.

 

11.3      Communication During Maternity Leave

 

11.3.1   Where a principal is on maternity leave and a definite decision has been made to introduce significant change at the workplace, the College Council 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 principal held before commencing maternity leave; and

 

b)         provide an opportunity for the principal to discuss any significant effect the change will have on the status or responsibility level of the position the principal held before commencing maternity leave.

 

11.3.2   The principal shall take reasonable steps to inform the College Council about any significant matter that will affect the principal's decision regarding the duration of maternity leave to be taken, whether the principal intends to return to work and whether the principal intends to request to return to work on a part-time basis.

 

11.3.3   The principal shall also notify the College Council of changes of address or other contact details which might affect the College Council's capacity to comply with 11.3.1.

 

11.4      Paid Maternity Leave

 

11.4.1   Payment for maternity leave is available to principals subject to completion of 40 weeks continuous service following employment or re-employment prior to the anticipated date of birth. Maternity leave for principals taken not more than 9 weeks prior to the anticipated date of birth will count towards the 40 weeks continuous service.

 

11.4.2   Payment is made for a period not exceeding 14 weeks full time equivalent.

 

11.4.3   Where the paid maternity leave period includes recreation leave, the principal is paid accrued recreation leave entitlements or maternity leave, whichever amount is higher.

 

11.4.4   A principal who has completed 40 weeks of continuous service as per 11.4.1 and who has taken no more than 12 months full time maternity, adoption or parental leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave again. This does not require the principal to complete a further period of 40 weeks continuous service.

 

11.4.5   All allowances will be paid to eligible principals for the period of paid maternity leave. No allowances will be paid to principals during periods of no pay maternity leave.

 

11.5      Method of Payment

 

11.5.1   When completing an application for maternity leave a principal may elect to be paid by normal fortnightly payments at full or half pay or by lump sum payment.

 

11.5.2   A principal may apply for one combination of leave at full and half pay or vice versa.

 

11.6      Application and Variation of Leave

 

11.6.1   An application for maternity leave, accompanied by a medical certificate stating the anticipated date of birth should be submitted at least one month prior to the proposed first day of leave.

 

11.6.2   Maternity leave must commence no later than the anticipated date of birth.

 

11.6.3   An application for maternity leave should specify the number of weeks required at full pay and at half pay where appropriate.

 

11.6.4   The first and last date of leave must be stated on the application.

 

11.6.5   A principal may vary the intended period of leave any number of times before it commences.

 

11.6.6   After leave commences, the period of leave maybe varied once without approval and on any number of occasions with approval. However, resumption of duty must then coincide with the commencement of a college term.

 

11.6.7   Subject to approval, a principal who has returned to full time duty after maternity leave, may, provided the principal has a balance of maternity leave to credit, apply to revert to full time or part time maternity leave.

 

11.7      Notification of Birth

 

As soon as feasible after the birth, a principal should send a copy of the child's birth certificate to the College Council. A principal may elect to provide an extract of the birth certificate indicating the details of mother and child only.

 

11.8      Miscarriage or Stillbirth

 

11.8.1   Miscarriage

 

In respect of a miscarriage, a principal shall be granted sick leave or unpaid maternity leave for as long as a medical practitioner certifies to be necessary.

 

11.8.2   Stillbirth

 

In respect of a stillbirth, subject to an entitlement existing, a principal shall have the option of taking paid or unpaid sick leave or paid or unpaid maternity leave (up to 14 weeks paid as appropriate).

 

11.8.3   Premature birth

 

In respect of a premature birth, maternity leave will commence on the actual date of giving birth where maternity leave has not previously commenced.

 

11.9      Sick Leave and Transfer to a Safe Job

 

11.9.1   A principal may use available sick leave with pay, sick leave without pay, long service leave or family and community service leave as appropriate, if, because of a complication associated with the pregnancy, including a history of miscarriage or other illnesses the principal is unable to continue to work. In this instance the principal is entitled to sick leave prior to the anticipated date of birth.

 

11.9.2   Where a principal's present work is, because of pregnancy or breastfeeding, a risk to her health or safety or to that of her unborn or newborn child:

 

a)         the principal's working conditions or hours of work are to be temporarily adjusted to avoid exposure to the risk; or

 

b)         where the above adjustment is not possible or cannot reasonably be made, the principal is to be temporarily transferred to other appropriate work that will avoid exposure to the risk and is, as nearly as possible, comparable in status and pay to that of her present work; or

 

c)         where the above transfer is not possible or cannot reasonably be made, the principal is to be granted:

 

unpaid maternity leave for as long as a medical practitioner certifies to be necessary to avoid exposure to the risk. This applies regardless of whether the principal has exhausted her unpaid maternity leave entitlement under paragraph 11.1.2; or

 

paid sick leave as the principal is entitled to, and for as long as a medical practitioner certifies to be necessary to avoid exposure to the risk.

 

11.10    Right of Return

 

11.10.1             A principal's right of return to her substantive position is retained if she resumes duty 24 months (or earlier) after the actual date of birth of the child.

 

11.11    Resumption of Duty

 

One month prior to the date on which a principal is due to resume duty she must either confirm in writing that she will be resuming duty, or apply for an extension of leave, or if resigning, submit notice of separation.

 

11.12    Resignation

 

The position of a principal who submits notice of resignation when proceeding on maternity leave will be declared vacant. Resignation in this instance will not be accepted earlier than the last day of the paid maternity leave nor later than the last day of approved leave.

 

11.13    Superannuation

 

A principal on maternity leave whether paid or unpaid, is not required to meet any payment of the employer's superannuation contributions.

 

11.14    Service Credits for Maternity Leave

 

11.14.1             All periods of full time and part time maternity leave count as service for incremental purposes.

 

11.14.2             Maternity leave without pay does not count as service for long service leave, except when a principal has completed at least ten years paid service, then any period of adoption leave without pay of less than six months counts for the accrual of long service leave.

 

11.14.3             Paid maternity leave counts as service for annual leave loading purposes.

 

11.14.4             Paid maternity leave accrues recreation leave pay and any entitlement will be paid during the relevant recreation leave.

 

11.14.5             With the exception of long service leave, annual leave loading and recreation leave, paid and unpaid maternity leave counts as service in respect of all. other categories of leave.

 

11.15    Part Time Maternity Leave

 

11.15.1             Eligibility

 

All principals who become pregnant may take maternity leave on a part time basis.

 

11.15.2             Application and Variation of Leave

 

a)         An application for part time maternity leave should be submitted at least seven weeks in advance of the date on which leave is to commence.

 

b)         Applications for part time maternity leave for between one and four days per week may be approved over a period of up to two years subject to the leave not exceeding the maximum entitlement provided in 11.1.5.

 

c)         A principal may make application to vary the period of part time maternity leave and/or work arrangements provided that sufficient maternity leave is available.

 

d)         Subject to approval, a principal who has returned to full time or substantive hours of duty after maternity leave may apply to revert to part time or full time maternity leave.

 

e)         Similarly, a principal who has returned to duty on a part time basis may apply to revert to full time maternity leave and vice-versa.

 

11.15.3 Duration of Leave

 

a)         The maximum period of part time maternity leave which may be taken is 12 months from the date of birth.

 

b)         Subject to the maximum period stated in a) above, the actual period of part time maternity leave that a principal may take will be determined by:

 

i)          the period of untaken full time maternity leave; and

 

ii)         the number of days per week that the principal works.

 

11.15.4             Right of Return

 

A principal on part time maternity leave without pay will have right of return to her substantive position for the duration of the period of leave.

 

11.15.5             Salary and Incremental Progression

 

a)         The salary for principals on part time maternity leave is calculated in accordance with the following formula:

 

		No. of days worked
Appropriate Annual Salary	x	on a part time basis	=	Weekly Salary
52.17857		No. of days worked
		on a part time basis

 

b)         Allowances which are paid in recognition of duties undertaken during the part time leave arrangements are calculated in a similar manner.

 

11.15.6             Leave Conditions

 

a)         Annual Leave Loading

 

Principals on part time maternity leave are eligible for annual leave loading on a pro rata basis,

 

b)         Leave Without Pay

 

Principals on part time maternity leave may be granted short periods of leave without pay but if a principal requires an extended period of leave without pay the part time maternity leave must be terminated.

 

c)         Principals may take both accrued long service leave and accrued recreation leave concurrently with part time maternity leave.

 

d)         Principals may be granted the following leave under normal conditions:

 

Long Service leave

 

Sick leave

 

Recreation leave

 

Family and community service leave

 

The following leave will accrue on a pro-rata basis

 

Family and community service leave

 

Sick leave

 

Long Service leave

 

Recreation leave

 

12.  Adoption Leave

 

12.1      Entitlement and Payment

 

12.1.1   Unpaid Adoption Leave

 

All principals who adopt a child and who are to be the primary caregiver of the child, are entitled to the following periods of unpaid adoption leave irrespective of their length of service (refer to 12.1.4 for paid leave where appropriate).

 

a)         For a period of up to 12 months on a full time basis if the child has not commenced school at the date of taking custody.

 

b)         For a period up to 12 months on a full time basis as the College Council may determine if the child has commenced school at the date of taking custody.

 

c)         A principal may take adoption leave as follows:

 

i)          as a period of unpaid leave on a full time basis totalling 12 months; or

 

ii)         as a period of unpaid leave on a part time basis totalling 24 months (12 months equivalent full time) at the discretion of the College Council; or

 

iii)        as a combination of full time and part time leave provided that the total period of adoption leave taken does not exceed the equivalent of twelve months full time leave.

 

d)         Principals may take both accrued long service leave and accrued recreation leave concurrently with unpaid or half paid adoption leave.

 

12.1.2   Right to Request

 

a)         A principal entitled to adoption leave may request the College Council to allow the principal:

 

i)          to extend the period of simultaneous adoption leave use up to a maximum of eight weeks; (to be read in conjunction with clause 13 Parental Leave)

 

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

 

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

 

to assist the principal in reconciling work and parental responsibilities.

 

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

 

c)         The principal's request and the College Council's decision made under 12.1.2 (a)(ii) and 12.1.2 (a)(iii) must be recorded in writing.

 

d)         Where a principal wishes to make a request under 12.1.2 a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the principal is due to return to work from adoption leave.

 

12.1.3   Communication During Adoption Leave

 

a)         Where a principal is on adoption leave and a definite decision has been made to introduce significant change at the workplace, the College Council shall take reasonable steps to:

 

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

 

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

 

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

 

c)         The principal shall also notify the College Council of changes of address or other contact details which might affect the College Council's capacity to comply with 12.1.3 a).

 

12.1.4   Paid Adoption Leave

 

a)         Payment for adoption leave is available to principals who are the primary caregiver subject to completion of 40 weeks continuous service prior to the anticipated date of taking custody of the child.

 

b)         Payment is made for a period not exceeding 14 weeks full time equivalent.

 

c)         All allowances will be paid to eligible principals for the period of paid adoption leave. No allowances will be paid to principals during periods of no pay adoption leave.

 

12.1.5   Method of Payment

 

a)         When completing an application for adoption leave a principal may elect to be paid by normal fortnightly payments at full or half pay or by payment in a lump sum.

 

b)         A principal may apply for one combination of leave at full and half pay,

 

c)         A principal who has completed 40 weeks of continuous service as per 12.1.4 a) and who has taken no more than 12 months full time maternity, adoption or parental leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave again. This does not require the principal to complete a further period of 40 weeks continuous service.

 

12.2      Other Leave

 

12.2.1   Adoption leave commences on the date of taking custody of the child. Other leave as is necessary to attend to the domestic travel and residential arrangements associated with taking charge of the child may be taken prior to the commencement of the adoption leave.

 

12.2.2   Subject to an entitlement existing, a principal may apply for family and community service leave, long service leave, or leave without pay for this purpose.

 

12.3      Application and Variation of Leave

 

12.3.1   An application for adoption leave, accompanied by documentation from the adoption authority indicating the anticipated date of taking custody, should be submitted at least one month prior to the anticipated date of taking custody of the child.

 

12.3.2   Where a principal takes custody of the child earlier than expected, an application for leave should be submitted no later than 14 days after taking custody of the child.

 

12.3.3   The first and last date of leave must be stated on the application.

 

12.3.4   A principal may vary the intended period of leave any number of times before it commences.

 

12.3.5   After leave commences the period of leave may be varied once without approval and on any number of occasions with approval. However, resumption of duty must then coincide with the commencement of a college term.

 

12.3.6   Subject to approval, a principal who has returned to full time duty after adoption leave, may, provided the principal has a balance of adoption leave to credit, apply to revert to full time or part time adoption leave.

 

12.4      Right of Return

 

12.4.1   A principal's right of return to their substantive position is retained if the total period of adoption leave and any other leave is 24 months (or less).

 

12.5      Part Time Adoption Leave

 

12.5.1   All principals adopting a child who has not commenced school at the date of taking custody, and who are to be the primary caregiver of the child, may take adoption leave on a part time basis.

 

12.5.2   Applications for part time adoption leave for between one and four days per week may be approved over a period of up to two years subject to the leave not exceeding the maximum entitlement provided in 12.1.1 c).

 

12.5.3   During part time adoption leave the right of return to the principal's substantive position is maintained.

 

12.5.4   Unless otherwise stated in this determination, the provisions of permanent part time employment will apply for all service undertaken during the period of part time adoption leave.

 

12.5.5   Principals may take both accrued long service leave and accrued recreation leave concurrently with part time adoption leave.

 

12.5.6   An application for part time adoption leave should be submitted at least one month in advance of the date on which leave is to commence.

 

12.5.7   A principal may make application to vary the period of part time adoption leave and/or work arrangements provided that sufficient adoption leave is available.

 

12.5.8   Subject to approval a principal who has returned to full time duty after adoption leave may apply to revert to part time or full time adoption leave.

 

12.5.9   Similarly, a principal who has returned to duty on a part time basis may apply to revert to full time adoption leave and vice-versa.

 

12.6      Service Credits for Adoption Leave

 

12.6.1   All periods of adoption leave, both paid and unpaid, count as service for incremental purposes.

 

12.6.2   Adoption leave without pay does not count as service for long service leave, except when a principal has completed at least ten years paid service, then any period of adoption leave without pay of less than six months counts for the accrual of long service leave.

 

12.6.3   Paid adoption leave counts as service for annual leave loading purposes.

 

12.6.4   Paid adoption leave accrues recreation leave pay and any entitlement will be paid during the relevant recreation leave.

 

12.6.5   With the exception of long service leave, annual leave loading and recreation leave, paid and unpaid adoption leave counts as service in respect of all other categories of leave.

 

12.7      Superannuation

 

A principal on adoption leave whether paid or unpaid, is not required to meet any payment of the employer's superannuation contributions.

 

12.8      Resignation

 

The position of a principal who submits notice of resignation when proceeding on adoption leave will be declared vacant. Resignation in this instance will not be accepted earlier than the last day of the paid adoption leave nor later than the last day of approved leave.

 

13.  Parental Leave

 

13.1      Entitlement and Payment

 

13.1.1   Unpaid Leave

 

a)         Unpaid parental leave is available to principals for whom maternity or adoption leave does not apply, for the birth of the child or other termination of the spouses pregnancy or, in the case of adoption, from the date of taking custody, irrespective of their length of service.

 

b)         A principal is entitled to parental leave, which is not taken simultaneously with the partner's maternity leave or adoption leave, as follows:

 

i)          a period of unpaid leave on a full time basis totalling 12 months; or

 

ii)         a period of unpaid leave on a part time basis totalling 24 months at the discretion of the College Council; or

 

iii)        a combination of full time and part time leave provided that the total period of parental leave taken does not exceed the equivalent of 12 months full time leave.

 

c)         Principals may take both accrued long service leave and accrued recreation leave concurrently with unpaid or half pay parental leave.

 

d)         Extended parental leave applied for but not commenced, will be cancelled in cases of miscarriage or stillbirth.

 

e)         All periods of full time and part time parental leave count. as service for incremental purposes.

 

13.1.2   Simultaneous Leave

 

a)         A principal may take simultaneous maternity/adoption leave and parental leave when:

 

i)          a principal is taking paid parental leave and the principal's partner is taking maternity or adoption leave.

 

ii)         both partners are sharing child caring duties on a part time basis on separate days.

 

13.1.3   Right to Request

 

a)         A principal entitled to parental leave may request the Community College to allow the principal:

 

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

 

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

 

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

 

to assist the principal in reconciling work and parental responsibilities.

 

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

 

c)         The principal's request and the College Council's decision made under 13.1.3 a)(ii) and 13.1.3 a)(iii) must be recorded in writing.

 

d)         Where a principal wishes to make a request under 13.1.3 a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the principal is due to return to work from parental leave.

 

13.1.4   Communication During Parental Leave

 

a)         Where a principal is on parental leave and a definite decision has been made to introduce significant change at the workplace, the College Council shall take reasonable steps to:

 

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

 

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

 

13.1.5   Paid Parental Leave

 

a)         Payment for parental leave is available to principals subject to completion of 40 weeks continuous service prior to the anticipated date of birth or date of taking custody.

 

b)         Payment is at the rate of one week full pay or two weeks  half pay.  This may be taken  simultaneously with a partner’s maternity leave.  Any additional simultaneous leave will  be unpaid.

 

c)         A principal who has completed 40 weeks of continuous serve  as per 13.1.5 a) and who has taken no more than 12 months full time maternity, adoption or parental leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on leave) for another period of such leave regardless of whether they resume their  normal hours of work before proceeding on leave again.  This does not require the principal to complete a further period of 40 weeks continuous service.

 

13.2      Application and Variation of  Leave

 

13.2.1   The Principal is required to make an application for parental leave at least one month prior to the proposed first day of leave.

 

13.2.2   An application for parental leave must be accompanied by a medical certificate which includes the anticipated date of birth of the child or in the case of an adopted child, documentation from the authority indicating the expected date of taking custody should be submitted.

 

13.2.3   The first and last date of leave must be stated on the  application.

 

13.2.4   Principals eligible for long service leave may apply to use long service leave to supplement a period of half pay or unpaid parental leave.

 

13.2.5   A principal may vary the intended period of leave any  number of times before it commences.

 

13.2.6   After leave commences the period of leave may be varied  once without the approval and on any number of occasions with approval.

 

13.2.7   Subject to approval, a principal who has returned to full  time duty after parental leave, may, provided the principal has a balance of  parental leave to credit, apply to revert to full time or part time parental  leave.

 

13.3      Part Time Parental Leave

 

13.3.1   Applications for part time parental leave for between one and four days per week may be approved over a period of up to two years subject to the leave not exceeding the maximum entitlement provided in section 13.1.1d).

 

13.3.2   The provisions of permanent part time employment will apply for all service undertaken during the period of part time parental leave.

 

13.3.3   Principals may take both accrued extended leave and accrued recreation leave concurrently with part time parental leave.

 

13.4      Superannuation

 

A principal on parental leave whether paid or unpaid, is not required to meet any payment of the employer’s superannuation contributions.

 

13.6      Resignation

 

The position of a principal who submits notice of resignation when proceeding on parental leave will be declared vacant.  Resignation in this instance will not be accepted earlier than the last day of the paid adoption leave nor later than the last day of approved leave.

 

14.  Family and Community Service Leave

 

14.1      Principals can utilise family and community service leave to meet a range of family activities and community service responsibilities.  This could include a need to respond to an emergency situation or could also be used in the event of planned absences for family and community service responsibilities where some advance notice is given.

 

14.2      A principal's eligibility for family and community service leave will be determined in accordance with the definitions set out in subparagraph b) of subclause 15.1.3.

 

14.3      The maximum amount of family and community service leave which may be granted to a principal is:

 

during the first 12 months of service, 2.5 working days; or

 

after completion of 12 months of service, five working days in any period of two years; or

 

alternatively, the entitlement calculated by allowing one day for each completed year of service, less the total amount of family and community service leave previously granted during a principal's service.

 

14.4      Principals who apply for a period of leave that exceeds the maximum entitlement to family and community service leave may be granted leave without pay or long service leave to credit.

 

15.  Personal Carer's Leave

 

15.1      Use of Sick Leave

 

15.1.1   A principal with responsibilities in relation to a class of person set out in subparagraph b) of paragraph 15.1.3, who needs the principal's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 10, Sick Leave, 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.

 

15.1.2   The principal shall, if required, 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 establish by production of documentation acceptable to the College Council or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the principal.  In normal circumstances, a principal must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

15.1.3   The entitlement to, use sick leave in accordance with this subclause is subject to:

 

a)         the principal being responsible for the care of the person concerned; and

 

b)         the person concerned being:

 

i)          a spouse of the principal; or

 

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

 

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

 

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

 

v)         a relative of the principal who is a member of the same household, where for the purposes of this subparagraph:

 

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

 

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

 

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

 

15.1.4   A principal shall, wherever practicable, give the College Council notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the principal, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the principal to give prior notice of absence, the principal shall notify the College Council by telephone of such absence at the first opportunity on the day of absence.

 

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

 

Where the parties are unable to reach agreement the disputes procedure at Clause 18 should be followed.

 

15.2      Unpaid Leave for Family Purpose

 

15.2.1   A principal may elect, with the consent of the College Council, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph b) of subclause 15.1.3, who is ill or who requires care due to an unexpected emergency.

 

15.3      Annual Leave

 

15.3.1   A principal may elect with the consent of the College Council, subject to the Annual Holidays Act 1944, 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.

 

15.3.2   Access to annual leave, as prescribed in subclause 15.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

15.3.3   A principal and College Councils may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

15.3.4   A principal may elect with the College Council's agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

15.4      Make-Up Time

 

15.4.1   A principal may elect, with the consent of the College Council, to work "make-up time", under which the principal 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.

 

16.  Compassionate Leave

 

16.1      A principal shall be entitled to up to five days per year for leave on compassionate grounds, including bereavement (subject to this clause), with the approval of the college council.

 

16.2      A principal, shall be entitled to up to two days compassionate leave without deduction of pay, on each occasion of the death of a person as prescribed in subparagraph b) of subclause 15.1.3.

 

16.3      The principal must notify the college council as soon as practicable of the intention to take compassionate leave and will, if required by the College Council, provide to the satisfaction of the college council proof of death.

 

16.4      Compassionate leave shall be available to the principal in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph b) of subclause 15.1.3, State Personal/Carer's - Leave Case - August 1996, provided that, for the purpose of compassionate leave, the principal need not have been responsible for the care of the person concerned.

 

16.5      A principal shall not be entitled to compassionate leave under this clause during any period in respect of which the principal has been granted other leave.

 

16.6      Compassionate leave may be taken in conjunction with other leave available under subclauses 15.2, 15.3 and 15.4. In determining such a request, the college council will give consideration to the circumstances of the principal and the reasonable operational requirements of the college.

 

17.  Long Service Leave

 

Principals shall have an entitlement to long service leave, subject to the following provisions:

 

17.1      Basis of entitlement

 

Long service leave accrues on the following bases:

 

17.1.1   On completion of 7 years service - 1 month and 12 calendar days

 

17.1.2   On completion of 10 years service - two months on full pay or four months on half pay

 

17.1.3   In excess of 10 years service - long service leave accrues at the rate of 15 calendar days for each completed year of service.

 

17.1.4   For service after five years but less than 10 years

 

a)         Principals who have at least five years service but less than 10 years, if a person's services are terminated either:

 

i)          for any reason other than the person's serious and wilful misconduct;

 

ii)         by the person on account of illness, incapacity or domestic or other pressing necessity.

 

b)         The entitlement after five years service is one month's leave on full pay. For each completed year of service between five and 10 years, add six days and for each completed month of service add one half day.

 

c)         Under this provision, where a person is retired and has only between five and 10 years service, he/she is to be paid the monetary value of long service leave accrued in accordance with the above other than when a principal is resigning.

 

17.2      Provided that a principal has at least 10 years service, leave without pay taken for the reasons listed below counts as service for long service leave purposes regardless of the period involved, unless otherwise stated:

 

17.2.1   for military service, e.g., the Army, Navy or Air Force;

 

17.2.2   during major interruptions to public transport; or

 

17.2.3   periods during which a person is in receipt of workers' compensation.

 

17.3      Calculation of long service leave - The following guidelines should be applied to ensure uniformity in the calculation of long service leave:

 

17.3.1   For service between five years and 10 years:

 

a)         On completion of five years service the entitlement is one month on full pay.

 

b)         For each completed year in excess of five years, the entitlement is six days.

 

c)         For each month of service after five years, the entitlement is a half day.

 

17.3.2   For service of 10 years or more - On the completion of 10 years service, principals are eligible for two months leave on full pay and for each completed year of service after 10 years the entitlement shown in Table 1 of subclause 17.5 of this clause.  Entitlements for portions of a year are outlined in Table 2 of the said subclause 17.5.

 

17.4      Principals with an entitlement to long service leave (LSL) may elect to take leave at double pay.

 

Principals who transfer between colleges may, by agreement, have their service regarded as continuous for the purpose of calculating long service leave. Accrued long service leave funds, by agreement between all parties, may be forwarded from the previous employing college to the new employing college.

 

17.5      From January 1 2006, public holidays that occur during a principal's period of long leave will be paid and not debited from an principal's leave entitlement.

 

The following table contains the accrual of long service leave entitlement for long service leave.

 

 

Where service includes periods of less than a completed year, leave shall accrue as follows:

 

 

18.  Grievance and Dispute Resolution Procedures

 

18.1      A college council shall adopt procedures to deal with grievances of principals and disputes between the College Council and the principal.

 

18.2      Procedures:

 

18.2.1   A dispute must initially be dealt with at the college with graduated steps for further discussion and resolution at higher levels of authority.

 

18.2.2   Reasonable time limits must be allowed for discussion at each level of authority.

 

18.2.3   At the conclusion of the discussion, the council must provide a response to the principal's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

18.2.4   While a procedure is being followed, normal work must continue.

 

18.2.5   The principal may be represented by the New South Wales Teachers Federation.

 

18.2.6   Should the procedure not lead to an agreed resolution, then either party may refer the dispute/grievance to the Industrial Relations Commission of New South Wales, but not before ten days from notification.

 

18.2.7   Matters for interpretation may be referred to the Industrial Relations Commission at any time.

 

19.  Superannuation

 

19.1      Definitions

 

For the purposes of this clause:

 

19.1.1   Basic Earnings means the minimum rate of salary and the amount of any allowance prescribed from time to time in clause 6, Salaries.

 

19.1.2   Establishment Date means the date seven days after the establishment of the Industry Fund.

 

19.1.3   Fund means the fund agreed upon between the council and the principal.

 

19.1.4   Qualified Employee means:

 

a)         A principal who is employed at 1 February 1996.

 

b)         A principal employed after 1 February 1996 who has completed not less than 20 days service (or equivalent) at the relevant college.

 

19.2      Benefit

 

19.2.1   Except as provided in subclauses 19.2.3 and 19.2.4, each college in respect of each qualified employee employed by it shall pay contributions to the fund.  The quantum of superannuation contributions shall be in accordance with the relevant legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, and the Superannuation Industry (Supervision) Act 1993 or successor Acts.

 

19.2.2   Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the fund.

 

19.2.3   A college shall not be required to make contributions pursuant to this clause in respect of a period when that principal is absent from his or her employment without pay, except in the case of maternity leave.

 

19.2.4   Contributions shall be calculated:

 

a)         in the case of a qualified principal who is employed at 1 February 1996, from the beginning of the first pay period commencing on or after 1 February 1996;

 

b)         in the case of a qualified principal employed after 1 February 1996, from the beginning of the first pay period commencing on or after the qualified principal's date of engagement and shall be paid as soon as reasonably possible thereafter. Provided that, where the college has informed a principal of the principal's rights and obligations under this clause and the principal is or becomes a qualified principal and fails to join the relevant fund within six weeks of becoming a qualified employee, the college will only be obliged to make contributions calculated from the first pay period commencing after the principal advised the college in accordance with subclause 19.2.5 provided the college informs or has informed the principal in writing of its intention not to calculate the payment as provided in this paragraph.

 

19.2.5   A principal shall advise the College Council in writing of the principal's application to join a fund pursuant to this award.

 

19.2.6   Within three weeks of the establishment date a college shall advise each principal employed by it at the time of making this award, in writing, of the principal's entitlements under this clause and of the action to be taken by the principal to obtain the benefit of those entitlements.

 

19.2.7   When a new principal commences in employment the college shall advise the principal, in writing, of the principal's entitlements under this award within two weeks of the date of commencement of employment and also of the relevant provisions of subclause 19.2.4.

 

19.2.8   Subject to subclause 19.2.4, a college shall make contributions in respect of all days worked at the college by a qualified principal.

 

19.2.9   Nothing in this clause shall require a college to make more than one contribution in respect of any single day worked at the college by a qualified principal.

 

19.3      Records

 

The college shall retain all records relating to the calculation of payments to the fund for a period of six years.

 

19.4      Commencement

 

This clause shall come into operation seven days after the establishment date.

 

20.  Duties as Directed

 

20.1      Council may direct a principal to carry out such duties as are within the limits of the principal's skill, competence and training, consistent with the classification structure of this award, provided that such duties are not designed to promote de-skilling.

 

20.2      A council may direct a principal to carry out such duties and use such tools and equipment as may be required, provided that the principal has been properly trained in the use of such tools and equipment.

 

21.  Salary Packaging

 

21.1      Neither the College Council nor the principal may be compelled to enter into a salary packaging agreement.

 

21.2      Principals can choose to take their remuneration as cash salary or select a combination of cash salary and remuneration benefits to suit their individual and personal needs.

 

21.3      The Fringe Benefits Tax Assessment Act and the Income Tax Assessment Act or successor Acts together with the College Council's policy regulates and defines the type of benefits that can be packaged and the treatment for taxation purposes and the administrative arrangements that apply.

 

21.4      For the purposes of this clause, remuneration means the salary paid to a principal in accordance with clause 6 of this award.

 

21.5      Where agreed between the College Council and a full-time or part-time principal, the College Council may offer salary packaging in respect of the principal's annual remuneration including allowances.

 

21.6      Salary packaging shall mean that the principal will have part or all of their annual remuneration including allowances packaged into a fringe benefit which does not constitute a direct payment to the principal but is payable to a bona fide third party.

 

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

 

21.7.1               the College Council shall ensure that the structure of any agreed remuneration package complies with taxation and other relevant legislation;

 

21.7.2               where there is an agreement to salary package, the agreement shall be in writing and made available to the principal;

 

21.7.3               the principal shall have access to details of the payments and transactions made on their behalf. Where such details are maintained electronically, the principal shall be provided with a printout of the relevant information, or if maintained manually, on request;

 

21.7.4               the College Council has the right to vary or withdraw from a salary packaging agreement and/or withdraw from offering salary packaging in the event of changes to the operation of legislation that are detrimental to, or increase the costs of, salary packaging arrangements;

 

21.7.5               prior to entering into any salary packaging agreements, the principal will be given the opportunity by the College Council to seek independent advice in respect of salary package arrangements;

 

21.7.6               in the event that the College Council withdraws from a salary packaging agreement, the individual principal's salary will revert to whichever is the higher of:

 

a)         the ordinary time rate of pay that applied to the principal prior to the commencement of the salary packaging agreement; or

 

b)         the applicable rate specified in Table l, Monetary Rates.

 

21.7.7               notwithstanding any of the above arrangements, the College Council or principal may cancel any salary packaging agreements by the giving of one months notice of cancellation to the other party;

 

21.7.8               Superannuation Guarantee Contributions will be calculated with reference to the annual remuneration including allowances the principal would have been entitled to receive but for the salary packaging arrangement;

 

21.7.9               any payment including any allowances, penalty rates, overtime, payment for unused leave entitlements shall be calculated by reference to the annual remuneration including allowances which would have applied to the principal but for the salary packaging arrangement and payable during employment or on termination of employment or on death;

 

21.7.10             unless there is agreement between the College Council and the principal to the contrary, all salary packaging arrangements shall cease during any period of leave without pay, including periods of unpaid sick leave.

 

22.  Secure Employment Test Case

 

22.1      Objective of this Clause

 

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

 

22.2      Casual Conversion

 

22.2.1   A casual principal engaged by a particular College Council 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 of part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

22.2.2   Every employer of such a casual principal shall give the principal notice in writing of the provisions of this subclause within four weeks of the principal having attained such period of six months. However, the principal retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

22.2.3   Any casual principal who has a right to elect under subclause 22.2.1, upon receiving notice under paragraph 22.2.2 or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the College Council 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 principal, the College Council shall consent to or refuse the election, but shall not unreasonably so refuse. Where a College Council refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the principal concerned, and a genuine attempt shall be made to reach agreement. Any dispute about 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.

 

222.4    Any casual principal who does not, within four weeks of receiving written notice from the College Council, 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.

 

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

 

22.2.6   if a casual principal has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 22.2.3, the College Council and principal shall, in accordance with this paragraph, and subject to paragraph 22.2.3, discuss and agree upon:

 

a)         whether the principal will convert to full-time or part-time employment; and

 

b)         if it is agreed that the employee will become a part-time principal, 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 a principal 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 a principal 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 principal and the College Council.

 

22.2.7   Following an agreement being reached pursuant to paragraph (vi), the principal shall convert to full­time or part-time employment. If there is any dispute about the arrangements to apply to a principal 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.

 

22.2.8   A principal must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

22.3      Occupational Health and Safety

 

22.3.1   For the purposes of this subclause, the following definitions shall apply:

 

a)         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,

 

b)         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.

 

22.3.2   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):

 

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

 

b)         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;

 

c)         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

 

d)         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.

 

22.3.3   Nothing in this subclause 22.3.2c) 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.

 

22.4      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.

 

22.5      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.

 

23.  Area, Incidence and Duration

 

23.1      This award rescinds and replaces the Evening and Community College Principals (New South Wales) Award published 30 August 2002 (335 IG 1266) and award review published 9 September 2005 (353 IG 852), as varied.

 

23.2      This award commences on and from 11 September 2006 and shall remain in force until 31 December 2008.

 

23.3      This award shall apply to all principals, as defined, employed in the following Community Colleges, as defined in New South Wales:

 

ACE - North Coast Inc

 

Bankstown College Inc

 

Central Coast Community College

 

Eastern Suburbs Regional College

 

Hawkesbury Community College Inc

 

Hornsby Community College

 

Hunter Community College

 

Macarthur Community College

 

Macquarie Community College

 

Many Warringah Community College Inc

 

Mosman Evening College Inc

 

Nepean Community College

 

Northwest Community College

 

The Parramatta College

 

Riverina Community College Inc

 

Southern Community College Inc

 

St George & Sutherland Community College

 

Sydney Community College

 

Tamworth Community College

 

Western College Incorporated

 

Part B

 

MONETARY RATES

 

Table 1 - Annual Salary Rates

 

 

Table 2 - Other Rates and Allowances

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.