Teachers (Independent Schools Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 674 of 2008)

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.       Subject Matter

 

PART A

 

1.        Title

2.        Definitions

3.        Salaries

4.        Shift and Penalty Loadings

5.        Director's allowance

6.        Annual Leave

7.        Annual Holiday Loading

8.        Sick Leave

9.        Carer's Leave

10.      Other Leave

11.      Hours of Work

12.      Miscellaneous

13.      Union Representatives

14.      Terms of Engagement and Information to be Provided to Teachers

15.      Disputes and Grievance Procedures

16.      Remuneration

17.      Savings Clause

18.      Superannuation

19.      Enterprise Consultation

20       Labour Flexibility

21.      Anti-Discrimination

22.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table       Subject Matter

 

1         Rates Of Pay

2         Directors’ Allowances

3         Other Rates and Allowances

 

 

REDUNDANCY

 

PART A

 

1.  Title

 

This award shall be known as the Teachers (Independent Schools Early Childhood Service Centres Other than Pre-Schools) (State) Award 2008.

 

2.  Definitions

 

For the purposes of this award, except for sub-clause (c) of this clause and Clause 5, Directors’ Allowance, hereof, all reference to teachers in this award shall include Director, and:

 

(a)      "Teacher" means any person employed as such in an Early Childhood Services Centre (ECS Centre) as defined in sub-clause (d) of this clause, holding Early Childhood qualifications as defined in sub-clauses (n), (o) and (p) of this clause.

 

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

 

(ii)      "Part-time Teacher" means any teacher who is engaged to work regularly at an ECS Centre and not more than 0.8 of the normal hours which a full-time teacher at the Centre is required to work provided that a part-time teacher may work up to 0.9 of the normal hours of a full-time teacher if he or she is entitled to a preparation session equivalent to 0.1 of a teacher's normal hours.  Provided further that a part-time teacher employed as at 31 January 1990 shall not be required by that employer to work in excess of 0.8 of the normal hours of a full-time teacher.

 

(iii)      "Temporary Teacher" means a teacher employed to work full-time or part-time for a specified period which is not more than a full ECS centre year, but not less than four full weeks.

 

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

 

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

 

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

 

(iv)     "Casual Teacher" means a teacher engaged as required by an employer for up to 20 working days in any one period of employment.  Provided that the period may be extended as required by the employer if the employer has been notified that the permanent teacher will be absent beyond the 20-day period.

 

(b)      "Centre Year" means the number of weeks, for which a particular ECS Centre is open over the course of a calendar year.

 

(c)      "Director" means the teacher who is responsible for the day to day operation of the Early Childhood Services Centre as defined in sub-clause (d) of this clause holding Early Childhood qualifications as defined in sub-clauses (n), (o) and (p) of this clause.

 

(d)      "Early Childhood Services (ECS) Centre" means an establishment which provides child care and/or educational development programmes and/or services for children under school age and shall include early intervention services, long day care centres and multi-purpose centres.  It shall not include a Pre-School.

 

(i)       "Early Intervention Services" means individual programmes for developmentally delayed or disabled children, or children at risk of being developmentally delayed or disabled, aged 0-6 years, aimed at providing assistance to the child and its family in the areas of physical, emotional, social and educational needs;

 

[NOTATION:  Where the hours and conditions of work of a teacher employed in an Early Intervention Service approximate those hours and conditions of a teacher employed in a recognised Pre-School, such conditions and hours shall apply to that teacher in accordance with the relevant provisions of the Teachers (Independent Schools) (State) Award.)]

 

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

 

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

 

(e)      "Pre-School" means a kindergarten, day school or nursery school which usually operates during hours and terms which approximate those of a recognised school and which usually provides programmes for children aged 3-6 years.

 

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

 

(g)      "Infants Department" means Kindergarten, Grades 1 and 2 in a recognised school.

 

(h)      "Recognised School" means a school registered under the provisions of the Education Reform Act 1990.

 

(i)       "Recognised Higher Education Institution" means an Australian university recognised by the relevant Australian tertiary education authority from time to time or a former college of advanced education, Australian teachers college or Australian institute of education recognised by the Tertiary Education Commission.

 

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

 

(k)      "Category UG2 Level" means a course of study leading to a category UG2 Diploma Award as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(l)       "Category PGl Level" means a course of study leading to a category PGl Graduate Diploma (at the 19.1 level) as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(m)     "Equivalent Qualifications or Equivalent Course" means a qualification or course as the case may be which the employer and the employee agree as being equivalent to the qualification or course prescribed by the clause in question in this award, or which the Industrial Relations Commission of New South Wales determines as being so equivalent or accepted as equivalent by the National Office of Overseas Skills Recognition of the Australian Department of Employment Education and Training.

 

(n)      "Two Years Trained Teacher" means:

 

(i)       A teacher who has satisfactorily completed a two years full-time course of study in Early Childhood Education at a recognised higher education institution; or

 

(ii)      A teacher who was employed as a Two Years Trained Teacher as at 1 February 1991; or

 

(iii)      A teacher who has acquired other equivalent qualifications.

 

(o)      "Three Years Trained Teacher" means:

 

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

 

(ii)      A teacher who, in addition to satisfying the requirements for classification as a Two Years Trained Teacher, has satisfactorily completed a course of study in Early Childhood Education at Category UG2 level; or

 

(iii)      A teacher who was employed as a Three Years Trained Teacher as at 1 January 1985; or

 

(iv)     A teacher who has acquired other equivalent qualifications; or

 

(v)      A three year Primary School trained teacher who has been recognised as equivalent by the New South Wales Department of Community Services.

 

(p)      "Four Years Trained Teacher" means:

 

(i)       A teacher who is a graduate holding B.Ed (Early Childhood) (four years full-time course); or

 

(ii)      A teacher who is a graduate and who holds a Diploma in Early Childhood Education from a recognised higher education institution; or

 

(iii)      A teacher who has, in addition to satisfying the requirements for classification as a Three Years Trained Teacher, satisfactorily completed a course of study in Early Childhood Education at Category PGl Level; or

 

(iv)     A teacher who was employed as a Four Years Trained Teacher as at 1 January 1985; or

 

(v)      A teacher who has acquired other equivalent qualifications; or

 

(vi)     A four year Primary School trained teacher who has been recognised as equivalent by the New South Wales Department of Community Services.

 

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

 

3.  Salaries

 

3.1      The minimum fortnightly salary payable to full-time teachers shall, subject to the other provisions of this award, be calculated by dividing the rates as set out in Table 1, Rates of Pay of Part B, Monetary Rates by 26.07.

 

(a)      Two Years Trained Teachers

 

A Two Years Trained Teacher shall commence on Step 1 of the scale and progress according to normal years of service to Step 13 of the scale.

 

A Two Years Trained Teacher who, by further study satisfactorily completes the equivalent of one third of a degree course in Early Childhood Studies, shall be paid an additional increment with retention of normal incremental date and shall thereafter progress in accordance with normal years of service to Step 13 of the scale.

 

(b)      Three Years Trained Teachers

 

(i)       A Three Years Trained Teacher shall commence on Step 3 of the scale and progress according to normal years of service to Step 13 of the scale.

 

(ii)       A Three Years Trained Teacher being paid on Steps 3 to 13 of the scale who, by further study satisfactorily completes the equivalent of one third of degree course, shall receive a salary advance of one increment with retention of incremental date and shall thereafter progress in accordance with normal years of service to Step 13 of the scale.

 

(iii)      Provided that a Three Year Trained Teacher who has been paid at Step 9 for 12 months or more prior to 1 September 2004 shall progress to Step 13 from 1 September 2004.

 

(c)      Four Years Trained Teachers

 

(i)       A Four Years Trained Teacher shall commence on Step 5 of the scale and progress according to normal years of service to Step 13 of the scale.

 

3.2      Part-Time and Temporary Teachers

 

(a)      A part-time teacher, including a temporary part-time teacher, shall be paid at the same rate as a full-time teacher with the corresponding classification, but in that proportion which the teacher's normal working hours bear to the hours which a full- time teacher at that ECS Centre is normally required to work.  For the purpose of this calculation, the normal working hours of a full-time teacher shall be not greater than 38 hours per week (see clause 11, Hours of Work) for a teacher employed at an ECS Centre.

 

(b)      The days of attendance of a part-time teacher may be varied at the commencement of each calendar year or by mutual agreement between the employer and the employee, with four weeks notice in an ECS Centre. The normal hours for the purpose of this sub-clause shall not be varied without agreement.  Agreement will not be unreasonably withheld.

 

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

 

3.3      Casual Teachers

 

The salary payable to a casual teacher shall be a daily, half daily, or quarter daily rate, plus 20 per cent of such rate, which shall be calculated as follows:

 

(i)       The appropriate rate prescribed by Table 1 of Part B, Monetary Rates, in accordance with years of full-time service, shall be divided by 26.07 to provide a fortnightly rate; provided that the maximum rate shall be as follows:

 

Two Years Trained   Fifth Step

 

Three Years Trained Sixth Step

 

Four Years Trained   Eighth Step

 

(ii)       The fortnightly rate thus obtained shall then be divided by:

 

(1)      10, to obtain a daily rate of pay, or

 

(2)      20, to obtain a half daily rate of pay, or

 

(3)      40, to obtain a quarter daily rate of pay.

 

and the amount thus obtained shall then be increased by 20 per cent of such amount.

 

(iii)      The amount obtained by the operation of subparagraphs (i) and (ii) of this paragraph is exclusive of the pro rata payment to which the teacher is entitled under the Annual Holidays Act 1944.

 

3.4      Travelling Expenses

 

(a)      Where a teacher is required to use his or her vehicle in connection with the teacher's employment other than for journeys between home and place of employment, the teacher shall be paid an allowance as set out in Item 1 of Table 3, Other Rates and Allowances of Part B, Monetary Rates.

 

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

 

3.5      Calculation of Service

 

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

 

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

 

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

 

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

 

(c)      For the purpose of calculating service:

 

(i)       Any employment as a full-time employee (including employment as a temporary full-time employee) as referred to in paragraphs (a) and (b) of this sub-clause shall be counted as service.

 

(ii)       The amount of service of a part-time teacher (including a temporary part-time teacher) shall be calculated by reference to the ratio which the number of hours taught by the teacher in any year bears to the normal number of hours worked by a full-time teacher at that ECS Centre or Pre-School in the same year; provided that a period of part-time service in terms of paragraph (b) of this sub-clause shall count as service in the proportion that the part-time employment bore to full-time employment in that occupation.

 

(iii)      The amount of service of a casual teacher employed in a Pre-School or ECS Centre shall be one increment for each total of 204 full days of service or its equivalent.

 

(iv)      Provided also that the salary incremental date of any teacher who has taken leave without pay may be altered by adding the period of such leave without pay to the salary incremental date applicable to that teacher prior to the leave without pay.

 

3.6      Progression (Completion of Qualifications)

 

The transfer to a higher salary scale of a teacher who has completed a course of training which makes the teacher eligible to be so transferred and the progression of such teacher through the salary steps on that higher salary scale shall be effected as follows:

 

(a)      A teacher seeking such transfer shall make application in writing to the employer and shall attach to such application documentary evidence establishing that he or she has had or will have conferred on him or her the diploma, degree or equivalent recognition of the completion of the course of training which makes him or her eligible to be so transferred.

 

(b)      Where an application is made under paragraph (a) of this sub-clause which establishes that a teacher is eligible to be transferred to a higher salary scale, such transfer shall take effect:

 

(i)       From the beginning of the first pay period to commence on or after the date of completion of formal course requirements.  Provided that the application for transfer is received by the employer no later than four months after the conferral of the diploma, degree or equivalent recognition of the completion of such course of training, or

 

(ii)       Where the application for transfer is not received by the employer within the time specified in subparagraph (i) of this paragraph from the beginning of the first pay period to commence on or after the date on which the employer receives such application.

 

(c)      A teacher who has completed a course of training entitling the teacher to transfer to a higher salary scale pursuant to this sub-clause shall, for the purpose of advancing through the steps on the higher salary scale to which the teacher has been so transferred, retain the teacher's normal salary incremental date.

 

Provided that if the transfer of the teacher to the higher salary scale coincides with the teacher's normal salary incremental date, the increment shall be applied prior to the teacher being transferred to the higher salary scale

 

(d)      A teacher who is Two Years Trained, Three Years Trained or Four Years Trained, who completes a course of training which entitles the teacher to be classified as Three Years Trained, Four Years Trained or Five Years Trained, as the case may be, shall progress to the step on the salary scale which shall be determined by the teacher's years of service on the lower classification and the teacher's new qualifications and the teacher shall retain his or her normal incremental salary date.

 

3.7      Payment Fortnightly / Half Monthly

 

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

 

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

 

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

 

3.8      Overpayments

 

Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the teacher, the relevant parties shall seek agreement on the matter of the overpayment including, when necessary and appropriate, discussion between the New South Wales Independent Education Union and relevant employer representatives.

 

4.  Shift and Penalty Loadings

 

4.1      The normal hours of operation of centers are 6.30 am to 6.30pm Monday to Friday.  If an employer should determine to operate outside of normal hours the parties have agreed to negotiate shift allowances that would be applicable.

 

5.  Directors’ Allowance

 

5.1      Teachers appointed as Directors shall be paid, in addition to the amounts payable pursuant to Clause 3 of this award, an allowance in accordance with Table 2 of Part B, Monetary Rates for Directors’ Allowance for teachers.

 

5.2      Any teacher required by the employer to act as Director for at least ten consecutive working days shall be paid for so doing at the rate prescribed for that position.

 

Provided that a teacher shall not be required to carry out such duties in an acting capacity for more than a full year except that a teacher may be required to carry out such duties for up to two full years where such a teacher is replacing a Director who is on leave for a specified period in excess of a full year.

 

6.  Annual Leave

 

6.1      An employee, on completion of 12 months' continuous service, shall be entitled to a minimum of four weeks leave of absence on full pay.

 

6.2      See Annual Holidays Act 1944.

 

7.  Annual Holiday Loading

 

7.1      Subject to sub-clause 7.6 of this clause, where a teacher other than a casual teacher, is given and takes his or her annual holiday each year he or she shall be paid an annual holiday loading calculated in accordance with this clause.

 

7.2      The loading shall be payable in addition to the pay payable to the teacher for the period of the annual holiday.

 

7.3      The loading shall be calculated in relation to such period of a teacher's annual holiday as is equal to the period of annual holiday to which the teacher is entitled for the time being under the Annual Holidays Act 1944 at the end of each year of the teacher's employment.

 

7.4      The loading shall be the amount payable for the period specified in sub-clause 7.3 of this clause at the rate of 17.5 per cent of the weekly equivalent of the teacher's annual salary.

 

7.5      For the purpose of this clause, "salary" shall mean the salary payable to the teacher at the first day of the month in which the loading is payable together with, where applicable, the allowances prescribed by sub-clause 5.1 of clause 5, Directors’ Allowance, but not including any other allowances or amount otherwise payable in addition to salary.

 

7.6      This clause extends to a teacher who is given and takes an annual holiday and who would have worked as a shift worker if he or she had not been on holiday, provided that if the amount to which the teacher would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the teacher would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the teacher in lieu of the loading.

 

7.7      Where the employment of a teacher is terminated and the teacher has at the time of termination not been given and has not taken the whole of an annual holiday to which the teacher became entitled the teacher shall be paid a loading calculated in accordance with sub-clause 7.4 of this clause.

 

8.  Sick Leave

 

8.1      Entitlement

 

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

 

(i)       During the first year of service with an employer the maximum sick leave which may be taken shall not exceed 15 days.

 

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

 

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

 

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

 

(iv)     A teacher shall not be entitled to paid sick leave unless he or she notifies the Principal of the school [or such other person deputised by the Principal], prior to the commencement of the first organised activity at the school on any day, of the nature of the illness and of the estimated duration of the absence;

 

Provided that paid sick leave shall be available if the teacher took all reasonable steps to notify the Principal or was unable to take such steps.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.3      (i)       Other than in respect of the first two days absence in respect of sickness in any

 

year, a teacher shall, upon request, provide a medical certificate addressed to the employer, or, if the employer requires, to the school medical officer.

 

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

 

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

 

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

 

require further evidence of illness; and/or

 

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

 

discuss with the teacher any other action.

 

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

 

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

 

8.4      Domestic Leave

 

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

 

9.  Carer’s Leave

 

9.1      Use of Sick Leave

 

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

 

(b)      The employee shall, if required,

 

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

 

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

 

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

 

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

 

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

 

(ii)       the person concerned being:

 

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

 

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

 

The term ‘immediate family’ includes:

 

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

 

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

 

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

 

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

 

(f)       Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the teacher in accordance with Clause 8 of the award.

 

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

 

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

 

9.2      Unpaid Leave

 

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

 

9.3      Annual Leave

 

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

 

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

 

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

 

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

 

9.4      Make-up Time

 

(a)      A teacher may elect, with the consent of the employer, to work "make-up time", under which the teacher 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.

 

9.5      Rostered Days Off

 

(a)      A teacher may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)      A teacher may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)      A teacher may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and teacher, or subject to reasonable notice by the teacher or the employer.

 

(d)      This sub-clause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

9.6      Personal Carer’s Entitlement for casual employees

 

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

 

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

 

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

 

10.  Other Leave

 

10.1    Parental Leave

 

(a)      Maternity Leave

 

(i)       A teacher who takes unpaid maternity leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.

 

(ii)       The amount of paid leave for a teacher who takes leave after 1 September  2008 award shall be fourteen weeks, provided that a teacher who commences maternity leave prior to 1 September 2008 the amount of paid leave will be 12 weeks.

 

 

 

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

 

(iii)      The teacher must be paid:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(b)      Paternity Leave

 

(i)       A teacher who takes paternity leave on or after 1 January 2005 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 leave hospital following the birth.  This paid leave is to be deducted from Carer's Leave available to the teacher pursuant to sub-clause 10.3 of this award (NB: spouse means a spouse as defined in sub-clause 10.3 Carer's Leave).

 

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

 

(iii)      A teacher who commences paternity leave before 1 January 2005 shall be entitled to one day's leave with pay on the date of his wife's confinement or on the day on which his leaves hospital following her confinement.

 

(c)      Adoption Leave

 

(i)       A teacher shall be entitled to fourteen weeks paid leave for the purpose of adopting any child providing the leave is taken before the child reaches full-time enrolment age.

 

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

 

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

 

(d)      Parental Leave Entitlement for Casual Teachers

 

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

 

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

 

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

 

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

 

(e)      Right to request

 

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

 

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

 

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

 

(C) a change in working arrangements for the purpose of assisting the employee to care for the child.

 

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

 

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

 

The teacher’s request and the teacher’s decision made under subparagraphs (ii) and (iii) of this paragraph must be recorded in writing.

 

(iv)      Request for a change in working arrangements

 

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

 

(f)       Communication during parental leave

 

(i)       Where a teacher 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:

 

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

 

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

 

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

 

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

 

10.2    Long Service Leave

 

(a)      Applicability of Long Service Leave Act 1955

 

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

 

(b)      Quantum of Leave

 

Subject to clause 10.2 (c) the amount of long service leave to which a teacher shall be entitled shall:

 

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

 

(A)     in respect of ten years service so completed 10.5 weeks; and

 

(B)      in respect of each additional five years of service with the employer since the teacher last became entitled to long service leave, 7.5 weeks; and

 

(C)      on the termination of the teacher's employment, in respect of completed service with the employer since the teacher last became entitled to an amount of long service leave, a proportionate amount on the basis of 1.5 weeks for one year's service.

 

(ii)       In the case of a teacher who has completed with an employer five years service, and whose services are terminated by the employer for any reason other than misconduct or cease for any other reason, be a proportionate amount on the basis of 10.5 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

 

(i)       In the case of a teacher whose service with an employer began before 1 July 2001, and whose service would entitle the teacher to long service leave under this clause, the amount of long service leave to which such teacher shall be entitled shall be the sum of the following amounts.

 

(A)     The amount calculated on the basis of the provisions of the Long Service Leave Act 1955 in respect of the period of service before 1 July 2001; and

 

(B)      An amount calculated on the basis of the provisions of clause 10.2 (b) Long Service Leave of the Teachers (Independent Schools Early Childhood Service Centres other than Pre Schools) (State) Award (360IG505), published 21 December 2001 in respect of the period from 1 July 2001.

 

(C)      An amount, calculated on the basis of the provision of clause 10.2 (c) Long Service Leave of the Teachers (Independent Schools Early Childhood Service Centres other than Pre Schools) (State) Award effective from January 2005.

 

The above periods of calculation are listed in the table below:

 

Calculation of Entitlement   Teachers employed in a Pre-School
Prior to 1st July, 2001	.866 weeks per year.
From 1st July 2001	1.05 weeks per year up to 10 years service.   1.5 weeks per year, or proportion of a year, after 10 years service.

 

(d)      Conditions of Taking Leave

 

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

 

(e)      Subject to the provisions of this clause, any long service leave shall be inclusive of any public holidays and other pupil vacation periods falling within the period of such leave.

 

(f)       The service of a teacher with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking maternity leave (including paid and unpaid leave in accordance with clause 10.1 Parental Leave) or other approved leave without pay but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

 

(g)      Payment in Lieu of Long Service Leave

 

(i)       Where a teacher takes long service leave in excess of 8.6 weeks, the teacher may request and the employer may agree that, in addition to the long service leave, the teacher be paid an amount in lieu of any additional long service leave accumulated by the teacher, prior to the commencement of the long service leave.

 

(ii)       The payment made by the employer in lieu of long service leave in clause 10.2 (a) will not exceed five weeks’ salary.

 

(iii)      Any payment in clause 10.2 (b) of this sub-clause will be paid by the employer upon the commencement of the teacher’s long service leave, unless otherwise agreed between the teacher and the employer.

 

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

 

10.3    Domestic Leave

 

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

 

10.4    Bereavement Leave

 

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

 

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

 

(c)      Bereavement leave shall be available to the employee in respect of the death of a member of the employee's immediate family or household, as defined in clause 9.1, Carer's Leave.

 

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

 

(e)      Bereavement leave may be taken in conjunction with other leave available under sub-clause 9.2 of the said clause 9.  In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operation requirements of the school.

 

(f)       Bereavement entitlements for casual employees

 

(i)       Subject to the evidentiary and notice requirements in (b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in Clause 9.1 - Carer’s Leave.

 

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

 

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

 

10.5    Examination Study Leave

 

A teacher, who for the purposes of furthering his or her teacher training, enrols in any course at a recognised higher education institution shall be granted leave:

 

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

 

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

 

10.6    Jury Service

 

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

 

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

 

11.  Hours of Work

 

The ordinary working hours, inclusive of crib breaks, shall not exceed an average of 38 per week to be worked inclusive shifts of not more than eight hours duration inclusive between the hours of 6.30am to 6.30pm Monday to Friday.

 

(a)      The teacher working in shifts of not more then (8) hours duration

 

(i)       A teacher shall accrue one (1) rostered day off for each twenty (20) days of service.

 

(ii)      Each day of paid leave taken pursuant to this award including each public holiday and the annual holiday (but not including long service leave) shall be regarded as a day worked for accrual purposes.

 

(iii)      Notwithstanding the provisions of paragraph (a) of this sub-clause a teacher shall be entitled to no more than twelve paid rostered days off in any twelve months of consecutive employment.

 

(iv)     An employee shall accrue one (1) paid rostered day off (RDO) in each 20-day 4-week work cycle to a maximum of 0.4 of one hour for 8 hours duty on each day of attendance.  There shall be a maximum of 12 RDOs in any 12 consecutive months of employment.

 

A teacher shall be entitled to be paid on termination of employment for rostered days off which have been accumulated but not taken or entitlements pursuant to this paragraph at the rate of pay on the date of termination.

 

(v)      A teacher shall not be entitled to sick leave in respect of illness whilst on a rostered day off.  In the event of a rostered day off falling on a public holiday, the teacher and employer shall agree on an alternative day off as a substitute.

 

(b)      By the teacher working in shifts of more than eight ordinary hour one or more days during the work cycle

 

(i)       by the teacher(s) working three 10 hour shifts and one 8 hour shift per week; or

 

(ii)      by the teacher(s) working four 9.5 hour shifts per week; or

 

(iii)      any other shift arrangement whereby an employee works no more than 10 hours per day or 38 hours per week.

 

If the teacher works a shift longer then eight (8) hours the employee shall receive an additional paid crib break of 10 minutes which shall be taken at a time convenient to the employer.

 

11.2    Method of Implementation

 

The method of implementation of the 38-hour week shall be one of the following, as agreed between the teacher and the employer:-

 

(i)       19-day month - the teacher may fix one workday off in each four-week cycle as a rostered day off to the extent of rostered days off accrued pursuant to sub-clause (ii) of this clause.

 

(ii)       Accumulation - the teacher may accrue sufficient rostered days off to enable such days to be taken as a block of no more than 12 days at any one time in any 12 months of consecutive employment.

 

(iii)      By teachers working more than 8 hours on 1 or more days of the work cycle.

 

11.3    Rostering

 

(a)      A teacher shall be advised by the employer at least four weeks in advance of the day or days on which he or she is to be rostered off duty.

 

(b)      An individual teacher may, with the agreement of the employer, substitute the day he or she is rostered off duty for another day.

 

11.4    Part-time, Casual and Temporary Teachers

 

(a)      Part-time Teachers

 

See clause 3.3

 

(b)      Casual Teachers

 

A casual teacher shall be entitled to be paid an additional loading of five per cent pursuant to this clause in lieu of an entitlement to rostered days off.

 

(c)      Temporary Teachers (Other than Part-time Teachers)

 

A temporary teacher, other than a part-time teacher, shall by agreement with the employer, and according to the period of the employment of the teacher, be entitled to either:

 

(i)       accumulate rostered days off in accordance with sub-clause 11.1 of this clause, or

 

(ii)       be paid an additional loading of five per cent pursuant to this clause in lieu of an entitlement to rostered days off.

 

11.5    Establishments Operating 41 to 47 Weeks Per Annum

 

Where an ECS Centre operates from 41 to 47 weeks per annum and a teacher receives in consequence more than four weeks paid leave per annum, then the teacher shall accrue rostered days off to a maximum of seven days in any 12 months of consecutive employment and any days accrued in excess of seven days in any 12 months period of employment shall be deemed to be subsumed into the period of paid leave in excess of four weeks.

 

11.6    Nothing in this clause shall entitle an employee who works less than 38 hours per week (inclusive of crib breaks) to accumulate rostered days off pursuant to this clause, and a teacher's conditions of employment shall not be downgraded as a consequence of this award.

 

12.  Miscellaneous

 

12.1    Crib Break

 

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

 

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

 

See Children (Care and Protection) Act 1987, for provisions relating to supervision of children.

 

12.2    Professional Development, Training and Planning

 

(a)      Teachers are responsible for ensuring that they are aware of new developments in early childhood education.  However, the parties recognise that continuing professional development of teachers is a joint responsibility of both the employer and the teacher.

 

(b)      The employer may request a teacher to attend any courses in non-term time or weekends.  Such attendance shall be at the option of the teacher.  A full-time teacher who receives no more than four weeks annual leave in a calendar year shall receive time in lieu for time spent at any courses outlined in this clause.

 

(c)      Should there be any form of disagreement between the parties the matter shall be dealt with in accordance with clause 15, Disputes and Grievance Procedures.

 

12.3    First Aid Certificate

 

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

 

(b)      Teachers shall be granted paid leave to attend a first aid course or when a first aid course is in the teacher’s own time, teachers will receive time in lieu at ordinary rate for course attendance time.

 

13.  Union Representatives

 

13.1    The employer shall permit the union representative in the ECS Centre to post union notices relating to the holding of meetings on a staff room notice board.

 

13.2    The union representative shall be permitted in working hours to interview the employer on union business.  Such interview shall take place at a time and place convenient to both parties.

 

13.3    Meetings of union members who are employed at the ECS Centre may be held on the premises at times and places reasonably convenient to both union members and the employer.

 

14.  Terms of Engagement and Information

 

To Be Provided To Teachers

 

14.1    The employer shall provide all full-time and part-time teachers with a letter of appointment on engagement stating the classification and rate of salary on appointment, the hours of operation of the Centre, the teacher’s entitlements including sick leave, personal/carer’s leave, annual leave and long service leave, the procedure as to alteration of days of attendance and notice on termination.

 

14.2    The employment of any teacher (other than a temporary or casual teacher) shall not be terminated without at least four weeks notice on either side or the payment of or forfeiture of four weeks salary in lieu of notice.

 

14.3    The employment of a temporary teacher employed for a period in excess of four weeks shall not be terminated except in accordance with the provisions of sub-clause 14.2 of this clause.

 

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

 

14.5    The employer may, if the employer deems it appropriate, provide a teacher of children with special needs with a letter of appointment which outlines the teacher's teaching load, days of attendance, and place of employment which may be varied throughout the period of engagement.  Such variations would occur from time to time and with not less than four weeks notice or otherwise by agreement.

 

14.6    Upon the termination of service of a teacher other than a casual teacher the employer shall provide a statement of service setting out the length of service, the age of children taught, the positions held and any special and/or additional duties performed by such teacher.

 

14.7    Upon request, a casual teacher shall be supplied with a statement setting out the number of days of duty undertaken by the casual teacher during the period of his or her engagement provided that such request is made during or on termination of the casual engagement.

 

14.8    Where an employer proposes either:

 

(a)      to make alterations to the type of services provided by the Centre in which a teacher is employed, or

 

(b)      to transfer a teacher from the Centre in which the teacher is employed,

 

which shall have the consequence that the provisions of this award will no longer apply to the teacher, the employer shall as soon as practicable in any case after a firm decision has been made, give the teacher notice of the change, and shall if the teacher so requests hold discussions:

 

(i)       with the teacher, or

 

(ii)       with a representative of the teacher,

 

as soon as practicable after making the decision and in any event not less than four weeks prior to the implementation of the decision.

 

15.  Disputes and Grievance Procedures

 

15.1    Procedures relating to grievances of individual employees

 

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

 

(b)      The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)      Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)      At the conclusion of the discussions, the employer must provide a response to the employee’s grievance, if the mater has not been resolved, including reasons for not implementing the proposed remedy.

 

(e)      While a procedure is being followed, normal work must continue.

 

(f)       The employee may be represented by an industrial organisation of employees.

 

15.2    Procedures for a  dispute between an employer and the employees

 

(a)      A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)      Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)      While a procedure is being followed, normal work must continue.

 

(d)      The employer may be represented by an industrial organisation of employers or other representative and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

16.  Remuneration Package

 

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

 

16.2    For the purposes of this clause:

 

(a)      'Benefits' means the benefits nominated by the teacher from the benefits provided by the school and listed in clause 16.4 (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.

 

16.3    Conditions of Employment

 

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

 

16.4    Salary Packaging

 

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

 

(a)      the Benefits nominated by the teacher; and

 

(b)      a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher or under clause 16.4, in the absence of an agreement under this clause.

 

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

 

(i)       superannuation;

 

(ii)       childcare provided by the school;

 

(iii)      other benefits offered by the school.

 

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

 

16.5    During the currency of an agreement under clause 16.4.

 

(a)      any teacher who takes paid leave on full pay shall receive the Benefits and salary referred to in cause 16.4 (a) and (b).

 

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

 

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

 

(i)       the Benefits; and

 

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

 

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

 

Where:

 

S         = the salary determined by paragraph (b) of sub-clause 16.4 of this clause.

 

P         = the percentage of salary payable during the leave

 

B        = Benefit Value

 

A        = Amount of salary.

 

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

 

(i)       during employment; or

 

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

 

(iii)      on death,

 

shall be at the rate of pay which would have applied to the teacher under clause 16.3, in the absence of an agreement under clause 16.4 (a) and (b).

 

17.  Savings Clause

 

17.1    No teacher shall suffer a reduction in the salary enjoyed by that teacher as a result of the implementation of this award.

 

17.2    A teacher's conditions of employment, other than those provided in this award, shall not be altered as a consequence of the introduction of this award.

 

18.  Superannuation

 

18.1    Definitions

 

For the purpose of this clause:

 

(a)      "Basic earnings" shall mean:

 

(i)       the rate of salary prescribed from time to time by this award,

 

(ii)       the amount of any allowance prescribed from time to time including the allowance payable to a Director and any shift loading which may be payable pursuant to this award.

 

(b)      "Employee" means a teacher or Director, and includes casual, part-time, or temporary employee.

 

(c)      "HESTA" means the Health Employees Superannuation Trust Australia, established by Trust Deed Articles on 30 July 1987.

 

(d)      "ASSET" means the Australian Superannuation Savings Employment Trust constituted by deed made 14 October 1987.

 

(e)      "NCSF" means the National Catholic Superannuation Fund.

 

(f)       "NGS" means the NSW Non-Government Schools Superannuation Fund.

 

18.2    Fund

 

(a)      For the purposes of this clause contributions made by employers in accordance with the provisions of sub-clause17.3 of this clause, shall be as follows:

 

(i)       the employer shall offer each employee a choice between HESTA, ASSET, NCSF or NGS;

 

(ii)       the employee shall nominate the fund into which contributions shall be made.

 

(b)      Each employer shall become a participating employer in HESTA, ASSET, NCSF and/or NGS in accordance with the choice of employees of the employer.

 

(c)      Each employer shall become party to HESTA, ASSET, NCSF or NGS upon the acceptance of the respective Trustee of a Deed of Adoption, duly signed and executed by each employer and the respective Trustee.

 

An employee shall become eligible to join HESTA, ASSET, NCSF or NGS from the beginning of the first pay period commencing on or after 1 July 1988, or from the beginning of the first pay period commencing on or after the employee's date of engagement, whichever is earlier.  However should an employee not join HESTA, NGS, ASSET or NCSF then the employer may submit the employee's superannuation contribution to either HESTA or NGS.

 

18.3    Benefits

 

(a)      Except as provided in paragraphs (c) and (d) of this sub-clause, each employer shall, in respect of each employee employed by it, pay contributions to the respective Trustee at the rate of nine per cent of the employee's basic earnings.

 

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

 

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

 

(d)      Part-time and Casual Employees

 

An employer shall pay contributions pursuant to this clause in respect of a part-time employee employed by them if the basic earnings of the employee exceed $200 for that calendar month.

 

An employer shall pay contributions pursuant to this clause in respect of a casual employee employed by them for any calendar month in which the basic earnings of the employee exceed $200 for that calendar month.

 

(e)      Where a new employee commences in employment, the employer shall advise the employee in writing of the employee's entitlements under this clause and of the action to be taken by the employee to obtain the benefit of those entitlements.

 

(f)       Notwithstanding the date upon which an employee signs an application form, contributions in accordance with paragraph (a) of this sub-clause shall be made from the date when the employee became eligible for membership.

 

18.4    Records

 

The employer shall retain all records relating to the calculation of payments due to the Fund(s) in respect of each employee and such records shall be retained for a period of six years.

 

18.5    Exemptions

 

Employers of employees who are eligible to become contributors to the following superannuation funds or any scheme/s replacing such funds shall be exempt from the provisions of this clause:

 

State Superannuation Fund

 

State Public Service Superannuation Scheme

 

Public Authorities Superannuation Scheme

 

19.  Enterprise Consultation

 

Enterprises covered by this award shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

 

20.  Labour Flexibility

 

20.1    An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

20.2    An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

20.3    Any direction issued by an employer pursuant to sub-clauses 19.1 and 19.2 of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

21.  Anti-Discrimination

 

21.1    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.

 

21.2    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 operations of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfillment 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.

 

21.3    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.

 

21.4    Nothing in this clause is to be taken to effect:

 

(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.

 

21.5    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.    

 

22.  Area, Incidence and Duration

 

22.1    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Teachers (Independent Schools Early Childhood Service Centres Other Than Pre Schools (State) Award 2005, published on July 22, 2005 (352 IG 632) as varied.

 

The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996; Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) and pursuant to section 11 or the Industrial Relations Act 1996 shall take effect on and from October 10 2008.

 

22.2    It shall apply to teachers employed in a licensed child care centre (other than a pre-school) operated by or on behalf of any recognised independent school or special school registered under the provisions of the Education Reform Act 1990 in the State, including the independent schools listed below:

 

Kincoppal Rose Bay

 

Rosebank College

 

Stella Maris College

 

St Vincent's College

 

but excluding all Catholic schools not listed in this sub-clause.

 

Provided further that the award shall not apply to employees of all city, municipal, shire and

 

county child care centres.

 

For the purpose of this sub-clause an early intervention service operating with terms and hours approximating those of a pre-school shall be deemed to be a pre-school - refer to the notation of clause 2 (d)(i) of this award.

 

22.3    This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

PART B

 

MONETARY RATES

 

Table 1  -  Rates of Pay

 

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after dates indicated:

 

Combined Scale		Annual Salary	Annual Salary	Annual Salary
Incremental Salary Step		from the first full	from the first full	from the first full
		pay period	pay period	pay period
		commencing on	commencing on	commencing on
		or after	or after	or after
		1 February	1 February	1 February
		2009	2010	2011
		(5.5%)	(5.5 %)	(5.5%)
		$	$	$
Step 1	39,380	41,546	43,831	46,242
Step 2	43,627	46,026	48,558	51,229
Step 3	45,374	47,870	50,502	53,280
Step 4	47,682	50,305	53,071	55,990
Step 5	48,712	51,391	54,218	57,200
Step 6	51,233	54,051	57,024	60,160
Step 7	54,114	57,090	60,230	63,543
Step 8	57,309	60,461	63,786	67,295
Step 9	60,279	66,258	69,902	73,747
Step 10	62,804	66,258	69,902	73,747
Step 11	65,316	68,908	72,698	76,697
Step 12	68,149	71,897	75,852	80,023
Step 13	70,869	74,979	78,879	83,217

 

Table 2 - Directors’ Allowances

 

Units		Annual	Annual	Annual
		Allowance	Allowance	Allowance
		from the first	from the first	from the first
		full pay period	full pay period	full pay period
		commencing	commencing	commencing
		on or after	on or after	on or after
		1 February 2009	1 February 2010	1 February 2011
		(5.5%)	(5.5%)	(5.5%)
	$	$	$	$
1
0-25 Children	4,674	4,931	5,202	5,488
2
26-50 Children	5,706	6,020	6,351	6,700
3
51-75 Children	7,122	7,514	7,927	8,363
4
76 plus Children	8,899	9,388	9,904	10,449

 

Table 3 - Other Rates and Allowances

 

Item No	Clause No	Description	Amount
1	3.4 (a)	Travel Allowance	55 cents per kilometer

 

PART C

 

REDUNDANCY

 

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

 

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

 

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

 

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

 

2.  Employers Duty to Notify and Discuss

 

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

 

2.2      The employer shall discuss with the employees affected and if requested by the employee, 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 if requested by the employee, with the union to which they belong.

 

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

 

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

 

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

 

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

 

4.1.1   In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

4.1.2   In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

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

 

4.2      Notice for Technological Change

 

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘technology’ in accordance with clause 2 of this part.

 

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

 

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

 

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

 

4.3      Time off during the notice period

 

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

 

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

 

4.4      Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this part had the employee remained with the employer until the expiry of such

 

notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

4.5      Statement of employment

 

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

 

4.6      Notice to Commonwealth Employment Service

 

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

 

4.7      Department of Social Security Employment Separation Certificate

 

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

 

4.8      Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in clause 2 of this part, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

 

5.  Severance Pay

 

5.1      Where an employee is to be terminated pursuant to clause 4 of this part, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

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

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

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

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

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

 

5.2      Incapacity to Pay

 

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

 

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

 

5.3      Alternative Employment

 

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

 

 

 

E. A. R. BISHOP, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.