Principal (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 221 of 2007)

 

 

AWARD

 

Part A

 

CONDITIONS

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

(a)        Principal

(b)        Full-Time Principal

(c)        Part-Time Principal

(d)        Temporary Principal

(e)        Casual employee

(f)         Recognised School

(g)        Primary Department

(h)        Secondary Department

(i)         Union

(j)         Teacher

(k)        Teacher in Charge

(l)         Service

3.         Salary Scales

3.1        Salaries Payable

3.2        Establishment of Positions

3.3        Payment Method

3.4        Payment of Part Time, Temporary and Casual Principals

3.5        Travelling Expenses

3.6        Overpayments

4.         Terms Of Engagement

4.1        Letter of Appointment

4.2        Termination - Notice

4.3        Termination - Summary Dismissal

4.4        Statement of Service

4.5        Duties

4.6        Redundancy

5.         Pro Rata Annual Leave Payment

5.1        In Lieu of the Annual Holidays Act 1944

5.2        Application

5.3        Calculation of Payments and Definitions

5.4        Termination of Employment

5.5        Principals who commence Employment after the Commencement of the School Year

5.6        Principals who take Approved Leave without Pay - Notation re Leave Without Pay

5.7        Principals Whose Patterns of Employment have Varied

6.         Annual Holiday Loading

7.         Miscellaneous

Meal Break

8.         Leave

8.1        Sick Leave

(a)        Entitlement

(b)        Accumulation

(c)        Evidence of sickness

8.2        Carers Leave

8.3        Parental Leave

(a)        Maternity Leave

(b)        Paternity Leave

(c)        Adoption Leave

(d)        Parental Leave Entitlement for Casual Principals

(e)        Right to request

(f)         Communication during parental leave

8.4        Long Service Leave

(a)        Applicability of Long Service Leave Act 1955

(b)        Quantum of Leave

(c)        Calculation of Entitlement

(d)        Conditions of Taking Leave

(e)        Public Holidays/Pupil Vacations

(f)         Service Continuous/Leave Without Pay

(g)        Payment in Lieu

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

8.6        Bereavement Leave

8.7        Examination Leave

8.8        Jury Service

9.         Remuneration Package

10.       Suspension

11.       Disputes Procedure

12.       No Extra Claims

13.       Superannuation

14.       Anti-Discrimination

15.       Area Incidence And Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Principals Salary

Table 2 - Allowance for Teachers in Charge

Table 3 - Other Rates and Allowances

 

ATTACHMENT A

 

Disputes Settlement Procedure

 

ATTACHMENT B

 

Redundancy

 

2.  Definitions

 

For the purpose of this award:

 

(a)        "Principal" means a teacher as defined who is responsible to the employer for the day to day management and operation of the school, including the supervision of other teachers.

 

The definition of Principal shall not include:

 

(i)         persons employed as Principals with a contractual right to appoint and/or dismiss teachers, or

 

(ii)        persons employed to assist with the overall management of the school for less than four weeks.

 

(b)        "Full-Time Principal" means any Principal other than a part-time, or temporary Principal.

 

(c)        "Part-Time Principal" means a Principal who is engaged to work regularly, but for less than a full school week.

 

(d)        "Temporary Principal" means a Principal employed to work full-time or part-time for a specified period which is not more than a full school year, but not less than four school weeks.

 

Provided that a Principal may be employed for a specific period in excess of a full school year but not more than two full school years where such a Principal is replacing a Principal who is on leave for a specified period in excess of a full school year.

 

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

 

A Principal cannot be employed on a temporary basis unless any advertisement for the position stated the position was temporary and unless the Principal was advised at the point he or she was offered the position that it was temporary.

 

(e)        "Casual employee" means a person employed on a day-to-day basis in a relieving capacity.

 

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

 

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

 

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

 

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

 

(j)         "Teacher" means a person who is eligible to teach in a recognised school in New South Wales and who meets the requirements for registration as a teacher with the New South Wales Institute of Teachers.

 

(k)        "Teacher in Charge" means a teacher as defined who is appointed as such in schools of less than 100 students, who is responsible to the employer for the day to day management and operation of the school, including the supervision of other teachers.

 

(l)         "Service" includes service with an employer prior to this Award taking effect.

 

3.  Salary Scales

 

3.1

 

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

 

(b)        A Teacher in Charge shall be paid the annual salary which would apply from time to time to a teacher with the same qualifications and experience pursuant to the Teachers (Independent Schools) (State) Award 2007, or any industrial instrument which replaces it, together with the allowance set out in Table 2 of Part B Monetary Rates of this award.

 

3.2        Establishment of positions

 

(a)        A school shall appoint a teacher to the position of Principal if the total enrolment of the school, across all campuses (whether on the same or separate sites) is 100 students or more.

 

(b)        If a school does not appoint a Principal, then a school with an enrolment of less than 100 students shall appoint a Teacher in Charge, provided that this requirement shall not apply to teachers in single-teacher schools.

 

3.3        Payment Fortnightly/Half Monthly

 

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

 

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

 

(c)        The salary payable to any Principal, pursuant to this clause, shall be payable at the election of the employer by either cash, cheque or Electronic Funds Transfer into an account nominated by the employee.

 

3.4        Payment of Part-Time, Temporary Principals

 

(a)        A part-time Principal, including a temporary part-time Principal, shall be paid at the same rate as a full-time Principal but in that proportion which the number of hours worked bear to the hours which a full-time Principal at the school is normally required to work.

 

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

 

3.5        Travelling Expenses

 

(a)        Where the use of a vehicle is required in connection with employment, other than for journeys between home and the place of employment, the Principal shall be paid an allowance as set out in Part B, Table 3, Item 1.

 

(b)        Travelling and other out of pocket expenses reasonably incurred by a Principal in the course of duties required by the employer, shall be reimbursed by the employer.

 

3.6        Overpayments

 

Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the Principal, the relevant parties shall seek agreement on the matter of the overpayment, including where necessary and appropriate, discussion between the union and relevant employer representatives.

 

4.  Terms of Engagement

 

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

 

4.2

 

(i)         The employment of any Principal shall not be terminated without at least one term’s notice on either side, or the payment of, or forfeiture of, one term’s salary in lieu of notice. 

 

For the purposes of this paragraph 4.2(i), "term" means the number of weeks in the term in which notice of termination is given.

 

(ii)        In the case of a temporary or relief Principal who is engaged for a period of one term or less, the notice period will be four term weeks on either side, or the payment of, or forfeiture of, four weeks’ salary in lieu of notice.

 

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

 

4.4        Upon the termination of service of a Principal, the employer shall provide a statement of service setting out the Principal’s length of service.

 

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

 

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

 

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

 

5.  Pro Rata Annual Leave Payment

 

5.1        This clause will apply:

 

(a)        in lieu of the corresponding provisions of the Annual Holidays Act 1944; and

 

(b)        notwithstanding any other provisions in this award.

 

5.2        The provisions of this clause shall apply where:

 

(a)        a Principal's employment ceases; or

 

(b)        where a Principal takes approved leave without pay;  or

 

(c)        a Principal commences employment after the School Service Date; or

 

(d)        where the employment pattern of a Principal changes from full time to part time, or vice versa, or from one part-time arrangement to another, since the School Service Date, payments shall be made to such Principals by application of the formula prescribed by either clause 5.3 (a) or (b), as appropriate, and, if relevant, by the application of the provisions of clauses 5.4, 5.5, 5.6 and 5.7 separately or in combination.

 

5.3

 

(a)        Calculation of Payments

 

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

 

 

Where:

 

P          is the payment due.

 

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

 

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

 

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

 

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

 

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

 

Where:

 

P          is the payment due.

 

s          is an amount equivalent to a week's salary [including allowances] of the Principal at the date of application of the formula.

 

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

 

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

 

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

 

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

 

(c)        For the purposes of this clause:

 

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

 

(ii)        "Principal" means any Principal other than a casual Principal.

 

5.4        Termination of Employment

 

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

 

5.5        Principals Who Commence Employment After The Commencement Of The School Year

 

(a)        A Principal who commences employment after the usual date of commencement at a school in any school year, shall be paid from the date the Principal commences, provided that at the end of Term IV or final semester in that year, the Principal shall be paid an amount calculated pursuant to clause 5.3 and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term 1 or first semester in the following school year.

 

(b)        In each succeeding year of employment, the anniversary of appointment of the Principal for the purpose of this clause shall be deemed to be the School Service Date.

 

5.6        Principals Who Take Approved Leave Without Pay

 

Where a Principal takes leave without pay with the approval of the employer for a period which [in total] exceeds 20 pupil days in any year, the Principal shall be paid salary calculated in accordance with this clause as follows:

 

(a)        If the leave without pay commences and concludes in the same school year:

 

(i)         subject to clause 5.6 (a) (ii) below, the payment shall be calculated and made at the conclusion of Term IV of that school year; and

 

(ii)        if the leave without pay commences on the day following the last teaching day of a term and concludes on the day preceding the first teaching day of a term in the same year a payment shall be calculated and made:

 

(A)       at the commencement of the leave in respect of that year; and

 

(B)       at the end of Term IV in accordance with clause 5.6 (c).

 

(b)        If the leave without pay is to conclude in a school year following the school year in which the leave commenced:

 

(i)         at the commencement of the leave, a payment shall be calculated and made in respect of the school year in which the leave commences; and

 

(ii)        at the end of Term IV in the school year in which the leave concludes, a payment shall be calculated and made in respect of that school year.

 

(c)        The payment to be made to a Principal at the conclusion of Term IV of a school year:

 

(i)         pursuant to clause 5.6 (a) (ii) (B);

 

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

 

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

 

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

 

(d)        Notwithstanding the provisions of clause 5.1 (a), a Principal shall not pursuant to this clause be paid an amount in respect of a year of employment which is less than the amount to which the Principal would otherwise be entitled under the provisions of the Annual Holidays Act 1944, in respect of a year of employment.

 

5.7        Principals Whose Patterns of Employment Have Varied

 

Where a Principal changes their employment pattern from full time to part time, or vice versa, or from one part time arrangement to another, since the School Service Date in any school year, and the Principal’s employment is to continue in the next school year, the principal shall be paid at the conclusion of Term IV or final semester of that year in accordance with the formula provided in clause 5.3 (a) and shall receive no salary or other payment other than payment under this clause until the School Service Date or the resumption of Term I or the first semester in the following year.

 

6.  Annual Holiday Loading

 

6.1        Subject to clause 6.6, where a Principal other than a casual Principal, is given and takes annual holidays commencing at the beginning of the school summer vacation each year, the Principal shall be paid an Annual Holiday Loading calculated in accordance with this clause.

 

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

 

6.3        The loading shall be calculated:

 

(a)        in relation to such period of a Principal's annual holiday as is equal to the period of annual holiday to which the Principal is entitled for the time being under the Annual Holidays Act 1944 at the end of each year of employment or where relevant.

 

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

 

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

 

6.5        For the purposes of this clause, "salary" shall mean the salary payable to the Principal at the first day of December of the year in which the loading is payable, but not including any other allowances or amount otherwise payable in addition to salary.

 

Provided that where clause 6.6 applies, "salary" shall mean the salary payable immediately prior to the payment made to the Principal pursuant to clause 5.3 (b).

 

6.6        Where a Principal receives a payment pursuant to clause 5.3 (b), including the case where a Principal's employment is terminated by the employer during the school year for a reason other than misconduct, the Principal shall be entitled to be paid for that part of such fraction of the annual holiday loading he or she would be entitled to for the full school year as is equal to  the fraction which the number of school weeks worked by the Principal in that year bears to the number of school weeks he or she would be normally required to work in a full school year.

 

7.  Miscellaneous

 

A Principal shall be entitled to a minimum of 30 consecutive minutes each day as a meal break.

 

8.  Leave

 

8.1        Sick Leave

 

(a)        Entitlement

 

Any full-time, temporary or part-time Principal shall be entitled to paid sick leave in respect of any absence on account of illness or injury, subject to the following conditions and limitations:

 

(i)         During the first year of service with an employer the period of sick leave shall not exceed five days in any term, but any sick leave not taken in any term may be taken during the remainder of the said year;

 

Provided that the maximum sick leave which may be taken during the first year of service shall not exceed 15 days.

 

And provided further that a temporary Principal shall be entitled to sick leave in accordance with the provisions of this paragraph, and in that proportion of 15 days which the period of appointment of the Principal bears to the school year of the school at which he or she is employed.

 

(ii)        After the first year of service with an employer, the period of sick leave shall, subject to clause 8.1(b), not exceed in any year of service 22 working days on full pay, followed by 22 working days on half pay.

 

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

 

(iv)      A Principal shall not be entitled to paid sick leave unless he or she notifies the person nominated by the employer for this purpose prior to the commencement of the first organised activity at the school on any day, of the nature of the illness and of the estimated duration of the absence; provided that paid sick leave shall be available if the Principal took all reasonable steps to notify the person nominated by the employer for this purpose or was unable to take such steps.

 

(v)       The sick leave entitlement of a part-time Principal shall be in that proportion which the number of working hours of that Principal in a full school week bears to the number of working hours which a full-time Principal at the school is normally required to work.

 

(vi)      The Principal, if required by the employer, complies with paragraph (c) of this subclause.

 

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

 

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

 

(ii)        Untaken sick leave in the second year of service with an employer and thereafter of up to 20 days on full pay and 20 days on half pay per year shall be accumulated to a maximum of four years of service;

 

Provided that an employee shall only be entitled to the sick leave accumulated in the respect of the four years of continuous service immediately preceding the current year of service.

 

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

 

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

 

(v)       Sick leave which accrues to a Principal at the commencement of a year of service pursuant to clause 8.1(a) shall be taken prior to the taking of any sick leave which the Principal has accumulated in accordance with this subclause.

 

(vi)      A part-time Principal shall accumulate sick leave entitlements pursuant to the provisions of this subclause in that proportion which the number of working hours in a full school week bears to the number of working hours that a full-time Principal at the school is normally required to work.

 

(c)

 

(i)         Other than in respect of the first two days absence in respect of sickness in any year, a Principal shall, upon request, provide a medical certificate addressed to the employer, or, if the employer requires, to the school medical officer.

 

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

 

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

 

(B)       After consideration of the Principal’s response, the employer may

 

require further evidence of illness; and/or

 

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

 

             discuss with the Principal any other action.

 

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

 

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

 

8.2        Carers Leave

 

(a)        Use of Sick Leave

 

(i)         A Principal, other than a casual Principal, with responsibilities in relation to a class of person set out in 8.2 (a) (iii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, ten days of his or her current and 30 days of his or her accrued sick leave entitlement, provided for at Clause 8.1 of the award, for absences to provide care and support, for such persons when they are ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(ii)        The Principal shall, if required,

 

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

 

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

 

(iii)       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:

 

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

 

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

 

The term "immediate family" includes:

 

(aa)      a spouse (including former spouse, a de facto spouse and a former de facto spouse) of the Principal.  A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to the person; and

 

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

 

(iv)      The Principal shall not be entitled to paid carer’s leave unless he or she notifies the person nominated by the employer for this purpose 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 Principal will have sick leave credits available to the extent of the leave to be taken.

 

(v)       Notwithstanding clause 8.2(a), a part-time Principal is only entitled to an amount of carer’s leave in the same proportion the working hours of a part-time Principal bears to the hours which a full-time Principal at the school is normally required to work.

 

(vi)      Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the Principal in accordance with Clause 8.1 Sick Leave.

 

(b)        Unpaid Leave for Family Purpose

 

A Principal may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 8.2(a)(iii) above who is ill or who requires care due to an unexpected emergency.

 

(c)        Personal Carers entitlement for casual Principals

 

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

 

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

 

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

 

8.3        Parental Leave

 

(a)        Maternity Leave

 

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

 

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

 

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

 

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

 

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

 

(v)       The Principal must be paid:

 

(A)       at the usual times and intervals that the Principal is usually paid, or

 

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

 

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

 

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

 

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

 

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

 

(vii)     If a Principal'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 Principal is not entitled to the payment;

 

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

 

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

 

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

 

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

 

Notation:

 

(i)         Where possible maternity leave should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term.  However this does not diminish the right of a Principal to proceed on leave on the date she nominates in accordance with the Industrial Relations Act 1996.

 

(ii)        In order to facilitate the desirable practice referred to in (i) above, the employers are prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, should the employee agree to return from maternity leave at the commencement of the term immediately following the maximum period of leave required to be afforded by that Act.)

 

(b)       Paternity Leave

 

(i)         A Principal 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 Principal pursuant to sub-clause 8.2 of this award (NB: spouse means a spouse as defined in sub-clause 8.2 Carer’s Leave).

 

(ii)        A Principal shall be required, if possible, 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

 

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

 

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

 

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

 

(d)       Parental Leave Entitlement for Casual Principals

 

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

 

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

 

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

 

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

 

(e)        Right to request

 

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

 

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

 

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

 

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

 

to assist the Principal in reconciling work and parental responsibilities.

 

(ii)        The employer 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 employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

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

 

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

 

(iv)       Request to return to work part-time

 

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

 

(f)        Communication during parental leave

 

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

 

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

 

(ii)        The Principal shall take reasonable steps to inform the employer about any significant matter that will affect the Principal’s decision regarding the duration of parental 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.

 

(iii)       The Principal 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).

 

8.4        Long Service Leave

 

(a)        General Provisions

 

(i)         Except in so far as expressly varied by the provisions of this clause, the provisions of the Long Service Leave Act 1955, shall apply to Principals employed under this award.

 

(ii)        For the purpose of this sub-clause 8.4 Long Service Leave, a Principal shall be deemed to have completed a year of service if he or she had been employed for the whole of the term time of that calendar year.

 

(b)        Quantum of Leave

 

Subject to clause 8.4(c) the amount of long service leave to which a Principal shall be entitled shall:

 

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

 

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

 

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

 

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

 

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

 

(c)        Calculation of Entitlement

 

In the case of a Principal whose service with an employer began before 1 July 2006, and whose service would entitle the Principal to long service leave under this clause, the amount of long service leave to which such Principal shall be entitled shall be the sum of the following amounts.

 

(A)      The amount calculated on the basis of the provisions of any applicable contract/s of employment in respect of the period of service before 1 July 2006 [see notation below]; and

 

(B)       An amount calculated on the basis of the provisions of this clause in respect of the period of service from and including 1 July 2006.

 

Notation:

 

Prior to the commencement of this Award, many Principals were entitled to Long Service Leave in accordance with the arrangements applying pursuant to the Teachers (Independent Schools) (State) Award.  The rates of accumulation under that Award were as follows:]

 

 

(d)        Conditions of Taking Leave

 

(i)         Where a Principal has become entitled to long service leave in respect of the Principal's service with an employer, the employer shall give to the Principal and the Principal shall take the leave as soon as practicable having regard to the needs of the employer provided always that unless the employer otherwise agrees the Principal shall give not less than two school terms notice of the Principal's wish to take leave and further provided that the employer shall give the Principal not less than two school terms' notice of any requirement that such leave be taken.

 

(ii)        Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to and following the period of long service leave.

 

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

 

(iii)       Where a Principal requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with subclause 8.4(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of subclause 5.6.

 

(iv)      Where long service leave is not taken in full term periods or in accordance with clause 8.4(d)(ii) it will be inclusive of pupil vacations.

 

(v)       Where a Principal is entitled to an amount of long service leave which is in excess of a school term the Principal may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Principal accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

 

(e)        Long Service and Public Holidays

 

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

 

(f)         The service of a Principal with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the Principal taking maternity leave (including paid and unpaid leave in accordance with clause 8.3 Parental Leave) or other approved leave without pay but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

 

(g)        Payment in Lieu of Long Service Leave

 

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

 

(ii)        The payment made by the employer in lieu of long service leave in clause 8.4(g)(i) will not exceed five weeks’ salary.

 

(iii)       Any payment in clause 8.4(g)(i) of this subclause will be paid by the employer upon the commencement of the Principal’s long service leave, unless otherwise agreed between the Principal and the employer.

 

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

 

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

 

Where a principal has utilised the provisions of the previous award, the Principals (Independent Schools) (State) Interim Award 2006, relating to recognition of prior service with a previous employer so that a Principal was entitled to a transferred long service leave accrual with a new employer, the obligations on the new employer and the entitlement of the Principal (as set out in the previous award) shall continue pursuant to the provisions of this award.

 

8.6        Bereavement Leave

 

(a)        A Principal shall on the death of a spouse, father, mother, father-in-law, mother-in-law, grand parent, brother, sister, child, stepchild or grandchild of the Principal be entitled to paid leave up to and including the day of the funeral of such relative.  Such leave shall not exceed three school days.

 

(b)        A Principal may be required to provide the employer with satisfactory evidence of such death.

 

(c)        Bereavement leave shall be available to the Principal in respect of the death of a member of the employee’s immediate family or household, as defined in clause 8.2.

 

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

 

(e)        Bereavement leave may be taken in conjunction with leave available under clause 8.2.  In determining such a request the employer will give consideration to the circumstances of the Principal and the reasonable operational requirements of the school.

 

(f)         Casual Principals

 

(i)         Subject to the evidentiary and notice requirements in this subclause, casual Principals are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 8.2 Carer’s Leave

 

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

 

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

 

8.7        Examination/Study Leave

 

Any Principal who for the purpose of improving their skills as a Principal, enrols in any course at a recognised University, shall be granted leave:

 

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

 

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

 

8.8        Jury Service

 

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

 

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

 

9.  Remuneration Package

 

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

 

9.2        For the purposes of this clause:

 

(a)        ‘Benefits’ means the benefits nominated by the Principal from the benefits provided by the school and listed in clause 9.4 (c).

 

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

 

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

 

9.3        Conditions of Employment

 

Except as provided by this clause, Principals 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.

 

9.4        Salary Packaging

 

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

 

(a)        the Benefits nominated by the Principal; and

 

(b)        a salary equal to the difference between the Benefit Value and the salary which would have applied to the Principal or under clause 9.3, in the absence of an agreement under this clause.

 

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

 

(i)         superannuation;

 

(ii)        childcare provided by the school;

 

(iii)       other benefits offered by the school.

 

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

 

9.5        During the currency of an agreement under clause 9.4.

 

(a)        any Principal who takes paid leave on full pay shall receive the Benefits and salary referred to in clause 9.4 (a) and (b).

 

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

 

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

 

(i)         the Benefits; and

 

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

 

A = S x P% - [(100% - P%) x B]

 

where:

 

S = the salary determined by paragraph (b) of subclause 9.4 of this clause

 

P = the percentage of salary payable during the leave

 

B = Benefit Value

 

A = Amount of salary.

 

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

 

(i)         during employment; or

 

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

 

(iii)       on death,

 

shall be at the rate of pay which would have applied to the Principal under clause 9.3, in the absence of an agreement under clause 9.4 (a) and (b).

 

10.  Suspension

 

Notwithstanding any of the provisions in this award, an employer may suspend a Principal with or without pay while considering any matter which in the view of the employer could lead to the Principal's summary dismissal.  Suspension without pay shall not be implemented by the employer without prior discussion with the Principal and shall not, except with the Principal's consent, exceed a period of four weeks

 

11.  Disputes Procedure

 

11.1      Subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

 

11.2      Any grievance or dispute which arises shall, where possible, be settled by discussion between the Principal and the employer’s nominee in accordance with any procedures that have been adopted by the school.

 

11.3      If no agreement is reached and if the Principal seeks assistance from the IEU or another person, where the school is a member of the Association of Independent Schools (AIS) the matter will be referred to the AIS by the IEU or that person and shall be dealt with in accordance with the AIS / IEU agreement (see Attachment A).

 

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

 

12.  No Extra Claims

 

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

 

13.  Superannuation

 

13.1      Definitions

 

For the purposes of this clause:

 

(a)        "Basic earnings" shall mean:

 

(i)         the minimum annual rate of salary prescribed from time to time for the employee by clause 3.1; and

 

(ii)        the amount of any payment made to the employee pursuant to clause 5.

 

(b)        "Employee" means a Principal to whom this award applies.

 

(c)        "Employer" means the employer of a Principal to whom this award applies.

 

(d)        "Fund" means:

 

(i)         the New South Wales Non-Government Schools Superannuation Fund; or

 

(ii)        any other superannuation fund approved in accordance with the Commonwealth operational standards for occupational superannuation funds which the employee is eligible to join and which is approved by the employer as a fund into which an employee of that employer may elect to have the employer pay contributions made pursuant to this award in respect of that employee.

 

(e)        "Casual" means a casual employee as defined in clause 2 Definitions.

 

13.2      Fund

 

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

 

13.3      Benefits

 

(a)        Except as provided in clause 13.3 (b), (d), (e) and (g), each employer shall, in respect of each employee employed by it, pay contributions into a fund to which the employee is eligible to belong; and, if the employee is eligible to belong to more than one fund, the fund nominated by the employee, at the rate of nine (9) per cent of the employee’s basic earnings.

 

(b)        Where an employee is absent on sick leave and only entitled pursuant to the provisions of this award to receive payment for such sick leave at half pay, the employers' contributions pursuant to this award in respect of that employee during the period of such sick leave shall be reduced to nine (9) per cent of the half pay to which the employee is entitled.

 

(c)        Subject to clause 13.3 (g), contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements prescribed by the relevant fund or as trustees of the fund may reasonably determine.

 

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

 

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

 

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

 

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

 

(i)         casual employees who earn in excess of $1,437.00 during their employment with that employer in the course of any year, running from 1 July to the following 30 June (all such casual employees are hereinafter called "qualified employees"); and

 

(ii)        qualified employees in each ensuing year of employment with that employer.

 

Such contributions shall be made in respect of all days worked by the employee for the employer during that year and shall be paid by the employer to the relevant fund at the time of issue to the employee of his or her annual group certificate, provided that prior to the immediately preceding 30 June the employee has applied to join a fund.

 

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

 

(i)         Where an employer approves a fund, other than the Non-Government Schools Superannuation Fund, as one to which the employer will pay contributions in respect of its employees or a class or classes such employees, the employer shall notify its employees of such approval and shall, if an employee so requests, provide the employee with a copy of the Trust Deed of such fund and of a letter from the Insurance and Superannuation Commissioner, granting interim or final listing to the fund, at a cost of 80 cents per page of such copies.

 

(j)         When a new employee commences in employment, the employer shall advise the employee in writing of the employee's entitlements under this award within two weeks of the date of commencement of employment and also of the provisions of clause 13.3 (e) in the case of a full-time employee and clause 13.3 (g) in the case of a casual employee.

 

13.4      Transfers between Funds

 

If an employee is eligible to belong to more than one fund, the employee shall be entitled to notify the employer that the employee wishes the employer to pay contributions in respect of the employee to a new fund but shall not be entitled to do so within three years after the notification made by the employee pursuant to clause 13.3 (f) or within three years after the last notification made by the employee pursuant to this clause.  The employer shall only be obliged to make such contributions to the new fund where the employer has been advised in writing:

 

(a)        of the employee's application to join the other fund; and

 

(b)        that the employee has notified the trustees of the employee's former fund that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that fund.

 

14.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

15.  Area, Incidence and Duration

 

15.1      This Award rescinds and replaces the Principals (Independent Schools) (State) Interim Award 2006 published on 3 November 2006 (361 I.G. 669).

 

15.2      This award shall apply to all Principals employed in any recognised independent school or special school registered under the provisions of the Education Act 1990 in the State, except Catholic schools, provided further that the 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 teaches in a school operated by a local Conference of the Australasian Division of the Seventh Day Adventist Church], provided that application may be made on behalf of any such member to be included within the scope of this award; or

 

(b)        Principals who have a demonstrated right to appoint and/or dismiss teachers of the school; or

 

(c)        Principals or Teachers in Charge employed in Steiner Schools; or

 

(d)        Teachers employed in single teacher schools, in which case the Teachers (Independent Schools) (State) Award or any instrument that replaces that Award will apply.

 

15.3      This Award shall take effect from 23 February 2007 and shall remain in force thereafter until 31 January 2010.

 

PART B

 

MONETARY RATES

 

Table 1 - Principals Salary

 

 

Table 2 - Allowance for Teachers in Charge

 

 

Table 3 - Other Rates and Allowances

 

 

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 N.S.W.

 

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

 

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

 

D.         The attitudes and interests in common include:

 

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

 

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

 

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

 

2.         OPERATIONAL PROCEDURES BETWEEN THE AIS AND THE IEU

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT B

 

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 Attachment 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 Attachment.

 

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 Attachment.

 

4.2.1    In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

 

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

 

4.2.3    The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

4.3        Time off during the notice period

 

4.3.1    During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

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

 

4.4        Employee leaving during the notice period

 

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

 

4.5        Statement of employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

4.6        Notice to Centrelink

 

Where a decision has been made to terminate employees, the employer shall notify Centrelink 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 Attachment, 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 Attachment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

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

 

 

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

 

 

5.1.3    ‘Weeks Pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

5.2        Incapacity to Pay

 

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

 

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 of this Attachment if the employer obtains acceptable alternative employment for an employee.

 

 

 

M. SCHMIDT J

 

 

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Printed by the authority of the Industrial Registrar.