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SERIAL C7058

Teachers (Catholic Early Childhood Service Centres and Pre-Schools) (State) Award 2009

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 2278 of 2008)

Before The Honourable Justice Walton, Vice-President

1 April 2009

AWARD

Arrangement

PART A

Clause No. Subject Matter

1. Title

2. Definitions

3. Salaries

4. Payment on Termination and Salary Adjustment for Teachers Employed in Pre-School

5. Shift and Penalty Loadings for Teachers Employed in ECS Centres

6. Director’s and Authorised Supervisor’s Allowance

7. Annual Leave for Teachers Employed in an ECS Centre

8. Annual Holiday Loading for Teachers Employed in ECS Centres

9. Annual Holiday Loading for Teachers Employed in a Pre-School

10. Sick Leave

11. Catholic Personal/Carer’s Leave

12. Other Leave

13. Hours of Work for Teachers Employed in an ECS Centre

14. Overtime and Time in Lieu - ECS Centres

15. Miscellaneous

16. Anti-Discrimination

17. Union Representatives

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

19. Redundancy

20. Disputes and Grievance Procedures

21. Savings Clause

22. Superannuation

23. Enterprise Consultation

24. Labour Flexibility

25. Area, Incidence and Duration

PART B

MONETARY RATES

Table Subject Matter

1. Rates of Pay For Teachers Employed in an Early Childhood Service Centre

2. Rates of Pay For Teachers Employed in a Pre-School

3. Director’s Allowances

4. Other Rates and Allowances

5. Authorised Supervisor’s Allowance (Clause 6.3(i))

6. Authorised Supervisor’s Allowance (Clause 6.3(ii))

PART C

REDUNDANCY

PART A

1. Title

This award shall be known as the Teachers (Catholic Early Childhood Service Centres and Pre Schools) (State) Award 2009.

2. Definitions

For the purposes of this award, except for subclause (c) of this clause and Clause 6, Director’s and Authorised Supervisor’s Allowance, hereof, all reference to teachers in this award shall include Director, and:

(a) "Teacher" means any person employed as such in an ECS Centre as defined in subclause (d) of this clause, or a Pre-School as defined in subclause (e) of this clause holding Early Childhood qualifications as defined in subclauses (p), (q), (r) and (s) 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 or at a Pre-School 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 or Pre-School year but not less than 20 days. Provided that a teacher may be employed for a specific period in excess of a full year but not more than two full years where such a teacher is replacing a teacher who is on leave for a specified period in excess of a full year.

(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 or Pre-School 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 subclause (d) of this clause or Pre-School as defined in subclause (e) of this clause, holding Early Childhood qualifications as defined in subclauses (p), (q), (r), and (s) 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 Recognised School or Pre-School. For the purposes of this clause:

(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.

(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 and shall include:

(i) "A Full Day Care Centre" which means a child care establishment which does not operate on a sessional basis, but which usually operates during hours and terms, which approximate those of a recognised school.

(ii) "A Sessional Care Centre" which means a child care establishment which operates on the basis of morning and/or afternoon sessions and which usually operates during hours and terms, which approximate those of a recognised school.

(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) "Shift" shall mean a daily period of work in an ECS Centre and shall be either:

(i) "afternoon shift" which means any shift finishing after 6.30pm and at or before midnight; or

(ii) "night shift" which means any shift finishing subsequent to midnight and at or before 8.00am or any shift commencing at or after midnight and before 5.00am; or

(iii) "early morning shift" which shall mean any shift commencing at or after 5.00am and before 6.30am; or

(iv) "night shift, non-rotating" which shall mean any shift system in which night shifts are worked which do not rotate or alternate with another shift so as to give the teacher at least one third of his or her working time off night shift in each roster cycle.

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

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

(j) "Recognised Teacher Training Institution" means an Australian College of Advanced Education, Australian Teachers College or Australian Institute of Education recognised by the Tertiary Education Commission or its successor.

(k) "Recognised Higher Education Authority means an Australian university recognised by the relevant Australian Tertiary Education authority from time to time or a former college of advanced education recognised by Tertiary Education Commission or its successor.

(l) "Graduate" means a teacher who holds a degree from a Recognised University or Higher Education Authority.

(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 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.

(iv) A teacher who is employed in a Pre-School as defined in subclause (e) of this clause, who is not otherwise classified as a Three Years Trained Teacher or a Four Years Trained Teacher shall for the purposes of salary be paid as a Two Years Trained Teacher.

(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 was employed as a Three Years Trained Teacher as at 1 January 1985; or

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

(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 was employed as a Four Years Trained Teacher as at 1 January 1985; or

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

(q) "All Other Teachers" means a teacher employed in an ECS Centre as defined in subclause (d) of this clause whose qualifications and experience in Early Childhood Education do not qualify that teacher for classification as a Two Years, Three Years or Four Years Trained Teacher.

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

(s) "Authorised Supervisor" means a teacher who is appointed as Authorised Supervisor under the Children and Young Persons (Care and Protection) Act 1998 or its replacement, that is, as the person who is authorised under the Act to have the overall supervision of the provision of the child care service to which it relates and who is not appointed as a Director.

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 for Teachers Employed in an ECS Centre, of Part B, Monetary Rates and Table 2, Rates of Pay for Teachers employed in a Pre-School, of the said Part B, by 26.07.

(a) All Other Teachers

A person who is classified as a teacher on this scale employed in an ECS Centre shall complete three years of service on Step 1 of the scale before progressing to Step 2 of the scale, and shall progress according to normal years of service thereafter.

(b) Two Years Trained Teachers Employed in an Early Childhood Service Centre

(i) A Two Years Trained Teacher who is employed in an ECS Centre shall commence on Step 1 of the scale and progress according to normal years of service to Step 8 of the scale. A Two Years Trained Teacher who, without satisfying additional academic requirements, completes three years of service on the rate prescribed for Step 8 of the scale shall progress to Step 9 of the scale.

(ii) 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 9 of the scale.

(i) A Two Years Trained Teacher who is employed in a Pre-School shall commence on Step 1 of the scale and progress according to normal years of service to Step 10 of the scale.

(ii) A Two Years Trained Teacher who, by further study satisfactorily completes the equivalent of one third of a degree course, shall be paid an additional increment with retention of normal incremental date and shall thereafter progress according to normal years of service to Step 10 of the scale.

(d) Three Years Trained Teachers

(i) A Three Years Trained Teacher shall commence on Step 1 of the scale and progress according to normal years of service to Step 11 of the scale.

(e) Four Years Trained Teachers

A Four Years Trained Teacher shall commence on Step 1 of the scale and progress according to normal years of service to Step 9 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 or Pre-School 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 13, Hours of Work for Teachers Employed in an ECS Centre) 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 or four teaching term weeks notice in a Pre-School. The normal hours for the purpose of this subclause 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

(a) The salary payable to a casual teacher employed in an ECS Centre 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:

All Other Teachers	Third Step
Two Years Trained	Fourth Step
Three Years Trained	Fourth Step
Four Years Trained	Fourth Step

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

10, to obtain a daily rate of pay, or

20, to obtain a half daily rate of pay, or

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.

(b)

(i) The salary payable to a casual employee employed in a Pre-School shall be the appropriate rate prescribed by Table 2 of Part B, Monetary Rates, in accordance with years of full-time service, divided by 816 in the case of a quarter day payment, or 408 in the case of half day payment, or 204 in the case of daily payment; provided that the maximum rate payable shall be as follows:

Two Years Trained	Fourth Step
Three Years Trained	Fourth Step
Four Years Trained	Fourth Step

(ii) The said rates include the pro-rata payment in respect of annual holidays, to which the teacher is entitled in accordance with 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 4, 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 8 years of age, or in the Infants Department of Schools registered or certified under the appropriate legislation in other States or Territories of the Commonwealth of Australia, and that period so established shall be taken to be the length of such service for the purpose of that employment.

(b) For the purpose of this clause, a period of service other than service within paragraph (a) of this subclause, 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.

(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 subclause 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 subclause 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 an ECS Centre shall be calculated by reference to the ratio which the number of days (or equivalent) worked by the teacher in any year bears to the normal number of days worked by a full-time teacher at that ECS Centre in the same year; provided that only casual service performed in the preceding four years shall be included in determining incremental progression.

(iv) Casual teachers employed in a Pre-School shall be entitled to normal incremental progression for each total of 204 full days of service or its equivalent; provided that only service performed in the preceding four years shall be included in determining incremental progression.

(v) 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 Re-Classification

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 subclause, 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 no later than the first Pre-School day of the Pre-School term following 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), 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 subclause 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 shall be transferred to the higher salary scale on the following basis:

(i) A Two, Three or Four Years Trained Teacher shall be transferred to the salary step on the higher salary scale which shall be determined by the teacher's years of service on the lower scale.

(ii) A teacher employed in an ECS Centre classified on the All Other Teachers scale shall be transferred to the salary step on the new salary scale, which shall be determined as follows:

(1) A teacher classified on the 1st or 2nd incremental step on the old scale shall be transferred to the 1st step on the new scale.

(2) A teacher classified on the 3rd or 4th incremental step on the old scale shall be transferred to the 2nd step on the new scale.

(3) A teacher classified on the 5th incremental step on the old scale shall be transferred to the 3rd step on the new scale.

(e) The transfer to a higher salary scale of a teacher who has acquired a qualification (other than the completion of a course of training) which makes the teacher eligible to be so transferred, and the progression of such teacher through the steps on that higher salary scale shall be effected in accordance with the provisions of paragraphs (a), (b), (c) and (d) of this subclause.

3.7 Payment of Any Monies

(a) The salary payable to any teacher (other than a casual teacher) pursuant to this clause, shall be payable fortnightly or half monthly by either cash, cheque or Electronic Funds Transfer into an account nominated by the employee.

(b) Where the pay day for a half-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 the said pay day.

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. Payment on Termination and Salary Adjustment for Teachers Employed in a Pre-School

4.1 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.

4.2 The provisions of this clause shall apply where:

(a) a teacher's employment ceases;

(b) a teacher commences employment after the Pre-School service date; or

and payments shall be made to such teachers by application of the formula prescribed by subclause 4.3 of this clause and, if relevant, by application of the provisions of subclauses 4.5 and 4.6 of this clause in combination.

4.3 Calculation of Payments

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

P =	s x c	- d
	b

Where:

P is the payment due.

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

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

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

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

(b) For the purpose of this clause:

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

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

4.4 Termination of Employment

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

4.5 Teachers Who Commence Employment After the Pre-School Service Date

Where a teacher commenced employment after the Pre-School Service Date in any Pre-School year and such employment is to continue into the next Pre-School year:

(a) the teacher shall be paid at the conclusion of Term IV in the first calendar year of employment in accordance with this clause;

(b) the anniversary of employment for the purposes of the calculation of payments under this clause shall in each succeeding year of employment be the Pre-School Service Date;

(c) any period for which the teacher has not been paid by the operation of this subclause 4.4 of this clause shall be deemed to be leave without pay, and no salary or other payment other than payment under this clause shall be made.

4.6 Teachers Who Take Approved Leave Without Pay

Where a teacher takes leave without pay with the approval of his or her employer for a period which (in total) exceeds twenty pupil days in any year, he or she shall be paid salary calculated in accordance with this clause as follows:

(a) If the leave without pay commences and concludes in the same Pre-School year:

(i) subject to subparagraph (ii) of this paragraph, the payment shall be calculated and made at the conclusion of Term IV of that Pre-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 paragraph (c) of this subclause.

(b) If the leave without pay is to conclude in a Pre-School year following the Pre-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 Pre-School year in which the leave commences, and

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

(i) pursuant to section (B) of subparagraph (ii) of paragraph (a) of this subclause 4.6,

(ii) or in circumstances where, with the agreement of the employer, a teacher who has been paid pursuant to subparagraph (i) of paragraph (b) of this subclause returns from leave during the Pre-School year in which the leave commenced, shall be determined by:

(A) applying the formula in subclause 4.3 of this clause as if no payment had been made to the teacher pursuant to section (A) of subparagraph (ii) of paragraph (a) of this subclause or subparagraph (i) of paragraph (b) of this subclause; and

(B) deducting from that amount the amount paid to the teacher pursuant to section (A) of subparagraph (ii) of paragraph (a) of this subclause or subparagraph (i) of paragraph (b) of this subclause.

(d) Notwithstanding the provisions of paragraph (a) of subclause 4.1 of the clause, a teacher shall not pursuant to this clause be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the provisions of the Annual Holidays Act 1944, in respect of a year of employment.

5. Shift and Penalty Loadings for Teachers Employed in ECS Centres

5.1 For the purposes of calculating only the loadings provided for in this subclause:

(a) a weekly rate of pay shall be obtained by dividing the teacher's annual salary, including all applicable allowances, by 52.14;

(b) a daily rate of pay shall be obtained by dividing the weekly rate as provided for in paragraph (a) of this subclause, by 5.

Provided that the rate of pay for a casual teacher shall be first calculated according to subclause 3.3 of clause 3, Salaries

5.2 In addition to the annual rate of salary and applicable allowances provided for in this award, a loading shall be payable to teachers required to perform shift work, which is in accordance with the following rates:

		Percentage of weekly or daily rate of pay

(a)	early morning shift	10
(b)	afternoon shift	15
(c)	night shift, rotating with day or afternoon shift	17.5
(d)	night shift, non-rotating	30

6. Director’s and Authorised Supervisor’s Allowance

6.1 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 3 of Part B, Monetary Rates for Director’s Allowance for teachers.

6.2 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.

6.3 A full time teacher who is an Authorised Supervisor as defined in clause 2, Definitions, shall be paid an allowance as set out below and shall be advised by the employer on appointment which allowance is to apply:

(i) Where the licensee is involved in the operation of the service for an average of 20 hours or more per week or an average of 80 hours or more in a four week period and a Director is not employed, the Authorised Supervisor shall be paid, in addition to the amounts payable pursuant to clause 3, Salaries on a fortnightly basis an allowance by dividing the per annum rates set out in Table 5 - Authorised Supervisor’s Allowance of Part B, Monetary Rates, by 26.07.

(ii) Where the licensee is involved in the operation of the service for an average of less than 20 hours per week or an average of less than 80 hours over a four week period and a Director is not employed, the Authorised Supervisor shall be paid, in addition to the amounts payable pursuant to clause 3, Salaries on a fortnightly basis an allowance by dividing the per annum rates as set out in Table 6 - Authorised ‘s Allowance of Part B, Monetary Rates, by 26.07.

(iii) Where a Director is employed and is not the Authorised Supervisor, the Authorised Supervisor shall be paid in addition to the amounts payable pursuant to clause 3, Salaries on a fortnightly basis an allowance calculated by dividing the per annum rates set out in the applicable Table 5 - Authorised Supervisor’s Allowance.

Provided that a teacher appointed as an Authorised Supervisor who is not in receipt of the Directors Allowance, shall not be responsible for the day-to-day operation and management of the Early Childhood Services Centre.

6.4 Where a licensee proposes to change his/her hours of attendance which would result in a change in the entitlement of the allowance set out in Table 5 or 6 Authorised Supervisor’s Allowance of Part B, Monetary Rates four weeks written notice will be given.

6.5 A part-time teacher who is appointed as an Authorised Supervisor, as defined in clause 2, Definitions of this Award, shall be paid, in addition to the amounts payable pursuant to clause 3, Salaries of this Award, an allowance in accordance with Table 5 or 6 - Authorised Supervisor’s Allowance on a proportionate basis to the hours they work.

6.6 Any teacher required by the employer to act as Authorised Supervisor 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 Authorised Supervisor who is on leave for a specified period in excess of a full year.

It is not intended that Directors shall be displaced by the appointment of an Authorised Supervisor as a result of the operation of this clause.

7. Annual Leave for Teachers Employed in an ECS Centre

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

7.2 See Annual Holidays Act 1944.

8. Annual Holiday Loading for Teachers Employed in ECS Centres

8.1 Subject to subclause 8.6 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.

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

8.3 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.

8.4 The loading shall be the amount payable for the period specified in subclause 8.3 of this clause at the rate of 17.5 per cent of the weekly equivalent of the teacher's annual salary.

8.5 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 subclause 6.1 of clause 6, Director’s and Authorised Supervisor’s Allowance, but not including any other allowances or amount otherwise payable in addition to salary.

8.6 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 employee 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.

8.7 Where the employment of a teacher is terminated and at the time of the termination the teacher has 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 subclause 8.4 of this clause for the period not taken.

9. Annual Holiday Loading for Teachers Employed in a Pre-School

9.1 Subject to subclause 9.6 of this clause, where a teacher other than a casual teacher, is given and takes his or her annual holiday commencing at the beginning of the Pre-School summer vacation each year he or she shall be paid an annual holiday loading calculated in accordance with this clause.

9.2 The loading shall be payable in addition to the pay payable to the teacher for the period of the Pre-School vacation.

9.3 The loading shall be calculated:

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

(b) the period of annual leave calculated under subclause 9.6 of this clause.

9.4 The loading shall be the amount payable for the period specified in subclause 9.3 or 9.6 of this clause at the rate of 17.5 per cent of the weekly equivalent of the teacher's annual salary.

9.5 For the purpose of this clause, "salary" shall mean the salary payable to the teacher at first day of December of the year in which the loading is payable together with, where applicable, the allowances prescribed by subclause 6.1 of clause 6, Director’s and Authorised Supervisor’s Allowance, but not including any other allowances or amount otherwise payable in addition to salary.

Provided that:

Where subclause 9.6 of this clause applies, "salary" shall mean the salary (together with allowances payable as aforesaid) payable immediately prior to the payment made to the teacher pursuant to clause 4, Payment on Termination and Salary Adjustment for Teachers Employed in a Pre-School.

9.6 Where a teacher receives a payment pursuant to clause 4, of this award, including the case where a teacher's employment is terminated during the Pre-School year for a reason other than misconduct, he or she 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 Pre-School year as is equal to the fraction which the number of Pre-School weeks worked by him or her in that year bears to the number of weeks he or she would be normally required by the employer to work in a full Pre-School year.

10. Sick Leave

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

(a) For teachers in their first year of employment at an ECS Centre the period of sick leave shall not exceed fifteen (15) days; provided that a temporary teacher who has been employed for part only of any calendar year shall be entitled to sick leave in the ratio which the teacher’s period of employment bears to the whole of the calendar year.

(b) For teachers in their first year of employment at a Pre-School 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 fifteen days; and provided further that a temporary teacher shall be entitled to sick leave in accordance with the provisions of this paragraph and in that proportion of 15 days which his or her period of appointment bears to the school year of the School at which he or she is employed.

(c) After the first year of service with an employer the period of sick leave, subject to subclause 10.2 of this clause, shall not exceed in any year of service, twenty-two working days on full pay followed by twenty-two working days on half pay.

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

(e) A teacher shall not be entitled to be paid sick leave unless the teacher notifies the employer of the ECS Centre or Pre-School (or such other person deputised by the employer) prior to the commencement of the first organised activity at the ECS Centre or Pre-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 employer or was unable to take such steps.

(f) 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. Notwithstanding the foregoing the employer may require other evidence of sickness.

(g) Notwithstanding the provisions of this subclause, the sick leave entitlement of a part-time teacher shall be in that proportion which the teacher's number of hours of attendance in a week bears to the number of hours of attendance which a full-time teacher at the ECS Centre or Pre-School is normally required to attend.

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

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

(b) Untaken sick leave entitlement in the second year of service with an employer and thereafter of up to twenty days on full pay and twenty 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 respect of the four years of continuous service immediately.

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

(e) Sick leave, which accrues to a teacher at the commencement of a year of service pursuant to subclause 10.1 of this clause, shall be taken prior to the taking of any sick leave, which the teacher has accumulated in accordance with this subclause.

(f) A part-time teacher shall accumulate sick leave entitlements pursuant to this subclause in that proportion which the teacher's number of hours of attendance in a full ECS Centre or Pre-School week bears to the number of hours of attendance which a full-time teacher at the ECS Centre or Pre-School is normally required to attend.

11. Catholic Personal/Carer’s Leave

11.1 Use of Sick Leave to Provide Care and Support for a Family Member

(a) A teacher other than a casual teacher, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the teacher’s care and support, shall be entitled to use, in any year, in accordance with this subclause, 10 days of current and 30 days of accrued sick leave entitlement provided for at Clause 10 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 teacher 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 teacher.

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

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

(ii) the family member being a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the teacher or spouse.

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 teacher shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and teacher’s requirements.

Where the parties are unable to reach agreement the disputes and grievances procedure at Clause 20 should be followed.

11.2 Use of Sick Leave for a Pressing Domestic Necessity

(a) Subject to paragraph (c), for the purposes of this clause "pressing domestic necessity" means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provisions of the Anti-Discrimination Act 1977.

(b) A teacher, other than a casual teacher, with sick leave credits may apply to utilise such credits up to five of any current or accrued sick leave entitlement days in any one year of the teacher’s service, for any pressing domestic necessity other than to care for or support a person defined in subparagraph 11.1(c)(ii).

(c) Where a teacher, other than a casual teacher, is not entitled to utilise sick leave credits pursuant to paragraph 11.1(a) he or she may access 10 days current and 30 days accrued sick leave for any pressing domestic necessity where the teacher is responsible for the care or support of a person not referred to in subparagraph 11.1(c)(ii).

(d) The yearly entitlement for the purpose of pressing domestic necessity in paragraph 11.2(b) is non-cumulative.

(e) If required, a teacher shall provide a written statement or other evidence supporting the application for Personal/Carer’s Leave for the purpose of pressing domestic necessity.

11.3 Notification of Intention to Take Leave

In relation to sub-clauses 11.1 and 11.2, wherever practicable, a teacher shall give the employer notice prior to the absence of the intention to take leave. The teacher shall also provide the name of the person requiring care, that person’s relationship to the teacher, the nature of any pressing domestic necessity, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

11.4 Unpaid Leave for Family Purpose

A teacher may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 11.1(c)(ii) or paragraph 11.2(c) who is ill or who requires care due to an unexpected emergency.

11.5 Entitlement for Casual Teachers

(a) Subject to the requirements in paragraph 11.1(b) and subclause 11.3, casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph 11.1 (c) (ii) or paragraph 11.2(c) 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.

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

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

12. Other Leave

12.1 Maternity Leave

(a) A teacher who applies for maternity leave under Division 1 of Part 4 of Chapter 2 of the Industrial Relations Act 1996, is granted maternity leave for a period of nine weeks or longer by the employer and commences maternity leave on or after 1 January 2009 shall be entitled to maternity leave in accordance with this sub-clause.

(b) The maternity leave shall be paid for nine weeks at the rate of salary the teacher would have received, if the teacher had not taken maternity leave. (If the period of maternity leave granted to the teacher is for less than nine weeks then the period of paid maternity leave shall be for such lesser period).

(c) The teacher may elect to be paid during the period of paid leave in paragraph (b) of this sub-clause either in accordance with the usual employer payment schedule or as a lump sum payment in advance. In addition, if the teacher requests and the employer agrees, the final three weeks of the leave may be paid at half pay for a period of six weeks.

(d) Where a teacher applies for a lump sum payment in advance under paragraph (c) of this sub-clause, the teacher shall give the employer at least one month’s notice of intention.

(e) If a teacher has commenced paid maternity leave and subsequently the teacher’s pregnancy results in a miscarriage or a still birth, the teacher shall be entitled to retain payment in accordance with this clause equivalent to salary for the period of maternity leave taken by the teacher.

(f) The parties agree to review the effect of this clause in the event of any legislation by either the Federal or State Government which provides a maternity allowance or similar payment, however named, or in the event that the operation of this clause is found to be discriminatory by an anti-discrimination tribunal.

(g) A teacher on paid maternity leave in accordance with this clause will not be employed as a casual employee by the employer during such paid leave.

(h) Except as varied by this provision, Division 1 Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall continue to apply to both the employer and the teacher who has taken maternity leave in accordance with this sub clause.

12.1.1 Casual Teachers

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

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

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

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

12.1.2 Right to Request

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

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

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

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

to assist the teacher in reconciling work and parental responsibilities.

(b) 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.

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

(d) Request to return to work part-time

Where a teacher wishes to make a request under subparagraph (a) (iii), 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.

12.1.3 Communication during parental leave

(a) 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:

(i) 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

(ii) 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.

(b) 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.

(c) 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 paragraph (a).

12.2 Paternity Leave

(a) A teacher 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 wife leaves hospital following her confinement.

(b) In addition to the entitlement in paragraph 12.2(a), a teacher shall be entitled, subject to this sub-clause, to take paternity leave in one continuous period not exceeding two weeks. Such leave shall be deducted from, and shall not exceed, the teacher’s entitlement to Catholic Personal/Carer's Leave pursuant to clause 11 of this award.

(c) The teacher shall be entitled to take such paternity leave in the four weeks before the date or expected date of the birth of the child and not later than four weeks after the birth of the child, provided that the employer may, in exceptional circumstances, request the teacher to take leave at a time outside the period specified in this paragraph. If the teacher chooses to agree to the employer’s request, such agreement shall be recorded in writing. Where the teacher does not agree, the leave shall be taken in accordance with this paragraph.

(d) The entitlement to paternity leave in paragraphs 12.2(a) and (b) is inclusive of, and not in addition to, the teacher’s entitlement to take unpaid paternity leave in accordance with the Industrial Relations Act, 1996.

(e) The teacher must, at least 4 weeks before proceeding on leave pursuant to paragraph 12.3(b) above, give written notice of the dates on which he proposes to start and end the period of leave. The proposed dates may be varied by further written notice, subject to the provisions of paragraph 12.2(c) above.

12.3 Adoption Leave

(a) A teacher who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and is granted such leave by the employer in accordance with these provisions, shall be entitled to payment of adoption leave under the same (or comparable) conditions as those set out in this clause in relation to paid maternity leave. Provided further that adoption leave shall only be payable in respect of one adopting parent of a child.

(b) A teacher shall be entitled to one day’s leave with pay for the purpose of adopting any child provided that he or she is not also entitled to payment of adoption leave pursuant to paragraph (a) of this sub-clause.

12.4 Bereavement Leave

(a) A teacher shall on the death within Australia of a spouse, father, mother, father-in-law, mother-in-law, grandparent, 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 days.

A teacher may be required to provide his or her employer with satisfactory evidence of such death.

(b) Bereavement Leave shall be available to the teacher in respect to the death of a person in relation to whom the teacher could have utilised Personal/Carer’s Leave or equivalent in Clause 11, provided that for the purpose of Bereavement Leave, the teacher need not have been responsible for the care of the person concerned.

(c) A teacher shall not be entitled to Bereavement Leave under this clause during any period in respect of which the teacher has been granted other leave.

(d) Bereavement Leave may be taken in conjunction with other leave available under Clause 11. Where such other available leave is to be taken in conjunction with Bereavement Leave, consideration will be given to the circumstances of the teacher and the reasonable operational requirements of the employer.

(e) Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in relation to whom the teacher could have utilised Catholic Personal/ Carer’s Leave in 11.5, provided that for the purpose of this bereavement entitlement, the casual teacher need not have been responsible for the care of the person concerned. A casual teacher must notify the employer as soon as practicable of the intention to take this entitlement and may be required to provide the employer with satisfactory evidence of such death.

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

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

12.5 Examination Study Leave

A teacher, who for the purposes of furthering his or her teacher training, enrols in any course at a recognised University, recognised College of Advanced Education or recognised Teacher Training Institution shall be granted leave:

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

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

12.6 Long Service Leave

(a) 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) In the case of a teacher who has completed with an employer five years service but less than ten years with an employer and whose services are terminated or cease for any reason, the teacher will be entitled to a proportionate amount on the basis of 8.6 weeks for ten years service (such service to include service with the employer as an adult and otherwise than as an adult).

12.7 Jury Service

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

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

12.8 Short Community Service

Where a teacher’s involvement in a community service activity has been approved by the employer after consideration of the needs of the school, a teacher shall be entitled to paid leave of not more than five days in any school year (unless agreed with the employer) for emergency leave for service to the community. Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.

13. Hours of Work for Teachers Employed in an ECS Centre

13.1 The ordinary working hours, inclusive of crib breaks, shall be an average of thirty-eight per week.

13.2 The ordinary hours of work for all teachers may be worked between the hours of 6.30am and 6.30pm, on any five days Monday to Saturday and subject to clause 8.6 shall not exceed 8 hours duration.

13.3 The method of implementation of the 38-hour week shall be by way of:

(a) a 19-day month;

(b) accumulation;

13.4 Method of Implementation of the 19-day month

(a) By agreement between the teacher and the employer, the teacher may fix one work day off in each four-week cycle as a rostered day off to the extent to which they are accrued pursuant to paragraph (b).

(b) Accrual

(i) A teacher shall accrue one (1) rostered day off for each twenty (20) days of service, one day of which is to be included in the annual leave entitlement.

(ii) Each day of paid leave taken including each public holiday and the annual holiday (but not including long service leave nor periods of service in non-term time) shall be regarded as a day worked for accrual purposes.

(iii) Notwithstanding the provisions of subparagraph (i) of this paragraph a teacher shall be entitled to no more than twelve (12) paid rostered days off in any twelve months consecutive employment.

(iv) A teacher who has not worked a complete four week cycle in order to accrue a rostered day off shall be paid a proportionate payment for each

200

(c) Where P is the fortnightly salary payable to the teacher. 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.

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 public holiday, the teacher and the employer shall agree on an alternative day off as a substitute.

(i) 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.

13.5 Part-time, Casual and Temporary Teachers

(a) Part-time Teachers

See clause 3.2 of clause 3, Salaries.

(b) Casual Teachers

A casual teacher shall be entitled to be paid an additional loading of 5 per cent pursuant to this clause in lieu of an entitlement to rostered days off.

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 subclause 13.2 of this clause, or

(ii) be paid an additional loading of 5 per cent pursuant to this clause in lieu of an entitlement to rostered days off.

13.6 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 twelve months of consecutive employment and any days accrued in excess of seven days in any twelve months period of employment shall be deemed to be subsumed into the period of paid leave in excess of four weeks.

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.

14. Overtime and Time in Lieu - ECS Centres

14.1 All hours required by the employer to be worked outside the ordinary hours of work prescribed by Clause 13 Hours of Work including where a teacher is required to stay back to supervise children who have not been picked up or to cover staff absences but excluding the normal preparation and programming duties of a teacher, shall be paid at the rate of time and one half for the first two hours and double time thereafter. Provided that teachers may be required to attend up to a maximum of two hours per month and directors up four hours per month where such time involves parental meetings, staff meetings and other duties not including the supervision of children without any payment being due. Part time teachers may be required to attend such meetings outside of ordinary hours on a pro rata basis.

14.2 Provided that part time employees who agree to work in excess of their normal hours shall be paid at ordinary time for up to 8 (eight) hours provided that the additional time worked during ordinary hours of operation of the ECS centre. No part time employee shall be required to work for longer than 8 (eight) hours in any day without payment of overtime. Any additional hours shall be paid at overtime rates as per Clause 14.1.

14.3 Time Off in Lieu of Notice

(a) By agreement between the teacher and the employer, a teacher may take time off in lieu of payment of overtime.

(b) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour off for each hour worked.

(c) An employer shall, if requested by a teacher, provide payment at the rate provided for in sub-clause 14.1, for any overtime worked where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this clause, on notice from the employer a teacher must elect within six months of accrual, whether to take overtime worked as an overtime payment or as time off work at the ordinary rate of pay.

15. Miscellaneous

15.1 Crib Break

Not more than thirty minutes nor less than twenty 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 and Young Persons (Care and Protection) Act 1998 and the Children’s Services Regulation 2004 or their replacement for provisions relating to supervision of children.

15.2 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.

(c) Should there be any form of disagreement between the parties the matter shall be dealt with in accordance with clause 20, Disputes and Grievance Procedures.

15.3 First Aid Certificate

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

(b) Teachers employed in an ECS Centre 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.

15.4 Pre-Schools to be Ready for Operation

Teachers are responsible for ensuring that the pre-school is ready for operation on the first day of Term I in any year.

16. Anti Discrimination

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

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

16.3 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.

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

(a) any conduct or act which is specifically exempt for 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 on any State or federal jurisdiction.

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

NOTES -

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

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

"Nothing in this 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 that religion".

17. Union Representatives

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

17.2 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.

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

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

18.1 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 ECS Centre or Pre-School, the employee’s entitlements to personal leave, annual leave and long service leave, the procedure as to alteration of days of attendance and notice on termination.

18.2 The employment of any teacher employed in a Pre-School (other than a temporary or casual teacher) shall not be terminated without at least four Pre-School term weeks notice on either side or the payment of or forfeiture of four weeks salary in lieu of notice. Provided that such four weeks notice shall expire within the Pre-School term during which it is given, and shall expire either:

(a) at the end of the said Pre-School term; or

(b) at least two weeks before the end of the said Pre-School term.

18.3 The employment of any teacher employed in an ECS Centre (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.

18.4 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 subclause 18.2 or 18.3 of this clause. In the case of a temporary teacher employed for a period less than four weeks, employment shall not be terminated without at least one week's notice on either side or the payment or forfeiture of one week's salary in lieu of notice.

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

18.6 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.

18.7 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.

18.8 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.

18.9 Where an employer proposes either:

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

(b) to transfer a teacher from the ECS Centre or Pre-School 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.

18.10 The parties recognise that job share involves the following principles:

(a) Job share for teachers shall mean dividing the one job so that job share reachers have equal responsibility or share responsibility.

(b) The division of work has to be negotiated and mutually suitable to all parties.

(d) If a job share teacher is ill, or on annual leave or a rostered day off, then the other teacher may be offered the day(s) or work by the employer. This work, if accepted, is to be paid at ordinary rates in accordance with clause 3, Salaries of this award.

(e) If a job share teacher leaves the employment, the remaining teacher may be offered the residue of employment.

If the employer does not wish to offer the residue of employment or part thereof to the teacher, and the parties wish to continue the job share arrangement the employer may consult with the teacher about the implementation of a new arrangement, including the selection of a new teacher to fill the balance of the position. If the employer or the teacher does not propose to continue the job share arrangement the remaining teacher may be employed on a part time basis.

(f) Adequate opportunities for consultation between job share teachers will be provided by the employer.

(g) The employer may determine the number of job share positions in any centre.

19. Redundancy

See Part C of this award.

20. Disputes and Grievance Procedures

20.1 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.

(d) At the conclusion of the discussions, the employer must provide a response to the employee’s grievance, if the matter 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.

20.2 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.

(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.

21. Savings Clause

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

21.2 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.

22. Superannuation

22.1 Definitions

For the purpose of this clause:

(a) "Basic earnings" for the purposes of this clause 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 or Authorised Supervisor and any shift loading, which may be payable pursuant to this award.

(b) "Employee" means a teacher or Director or Authorised Supervisor, 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 Non-Government Schools Superannuation Fund Pty Ltd.

22.2 Fund

(a) For the purposes of this clause contributions made by employers in accordance with the provisions of subclause 22.3 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.

(d) An employee shall become eligible to join HESTA, ASSET, NCSF or NGS from the beginning of the first pay period commencing on or after the employee's date of engagement.

22.3 Benefits

(a) Except as provided in paragraphs (c) and (d) and (h) of this subclause, 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 subclause shall be made from the date when the employee became eligible for membership.

(g) An Employer shall not be required to make contributions pursuant to this clause in respect of an employee aged 75 or older. An employer shall not be required to make contributions pursuant to this clause in respect of employees aged 70 to 74 for periods where those employees have been employed for less than 40 hours in a 30 day period within the financial year during which the contributions would otherwise be made.

22.4 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.

22.5 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

23. 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.

24. Labour Flexibility

24.1 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.

24.2 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.

24.3 Any direction issued by an employer pursuant to subclauses 24.1 and 24.2 of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

25. Area, Incidence and Duration

25.1 This award shall apply to teachers employed in licensed child care centres under the Children and Young Persons (Care and Protection) Act 1998:

(i) attached to or operated by a Catholic non-government school, but excluding the following Catholic schools:

St Vincent’s College

Rosebank College

Stella Maris College

Kincoppal, Rose Bay

(ii) operated by a Catholic diocese, Catholic religious order or Catholic Parish; or

(iii) operated by the following organisations:

(a) Society of St Vincent de Paul;

(b) AMIGOSS Co-operative Ltd;

(d) Wunanbiri Pre-School Inc.

25.3 It shall not apply to teachers employed under the Teachers (Non-Government Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2006 published 19 May 2006 (359 I.G. 307) or the Teachers (Non-Government Pre-Schools) (State) Award 2006 published 19 May 2006 (359 I.G. 275), or their replacement.

25.4 This award replaces and rescinds the Teachers (Catholic Early Childhood Service Centres and Pre Schools) (State) Award 2006 published 28 November 2008 (366 I.G. 1428) and all variations thereof.

25.5 This award shall commence from 29 March 2009 and shall remain in force until 31 December 2011.

NOTATION:

In the event that the Catholic Hierarchy, Province of Sydney, makes an application to vary this clause, such application shall be formally served on the Employers’ Federation of New South Wales at the same time as other interested parties are served with the application.

PART B

MONETARY RATES

Table 1 - Rates of Pay

For Teachers Employed in an Early Childhood Service Centre

The following minimum rates shall apply from the first full pay period on or after the date specified.

Classification/	Salary as of 31	1 January 2009	1 January 2010	1 January 2011
Incremental Salary Step	December 2008	4%	4%	4%
	$	$	$	$
All Other Teachers
Incremental Salary
Step
Step 1	33,551	34,893	36,289	37,741
Step 2	34,359	35,733	37,162	38,648
Step 3	35,266	36,677	38,144	39,670
Step 4	36,533	37,994	39,514	41,095
Step 5	38,077	39,600	41,184	42,831
Two Years Trained
Teachers
Incremental Salary
Step
Step 1	36,585	38,048	39,570	41,153
Step 2	40,532	42,153	43,839	45,593
Step 3	42,595	44,299	46,071	47,914
Step 4	44,819	46,612	48,476	50,415
Step 5	46,880	48,755	50,705	52,733
Step 6	49,014	50,975	53,014	55,135
Step 7	51,382	53,437	55,574	57,797
Step 8	52,677	54,784	56,975	59,254
Step 9	53,954	56,112	58,356	60,690
Three Years
Trained Teachers
Incremental Salary
Step
Step 1	42,154	43,840	45,594	47,418
Step 2	44,299	46,071	47,914	49,831
Step 3	46,616	48,481	50,420	52,437
Step 4	48,753	50,703	52,731	54,840
Step 5	50,973	53,012	55,132	57,337
Step 6	53,435	55,572	57,795	60,107
Step 7	54,782	56,973	59,252	61,622
Step 8	56,114	58,359	60,693	63,121
Step 9	58,348	60,682	63,109	65,633
Step 10	60,683	63,110	65,634	68,259
Step 11	62,319	64,812	67,404	70,100
Four Years Trained
Teachers
Incremental Salary
Step
Step 1	44,822	46,615	48,480	50,419
Step 2	47,601	49,505	51,485	53,544
Step 3	50,277	52,288	54,380	56,555
Step 4	53,244	55,374	57,589	59,893
Step 5	56,006	58,246	60,576	62999
Step 6	58,348	60,682	63,109	65,633
Step 7	60,683	63,110	65,634	68,259
Step 8	63,312	65,844	68,478	71,217
Step 9	65,845	68,479	71,218	74,067

Table 2 - Rates of Pay

For Teachers Employed in a Pre-School

The following minimum rates shall apply from the first full pay period on or after the date specified.

Classification/	Salary as of	Salary as of	Salary as of 1	Salary as of 1
Incremental Salary	31December 2008	1 January 2009	January 2010	January 2011
Step		4%	4%	4%
Two Years Trained
Teachers
Incremental Salary
Step
Step 1	35,178	36,585	38,048	39,570
Step 2	38,972	40,531	42,152	43,838
Step 3	40,956	42,594	44,298	46,070
Step 4	43,097	44,821	46,614	48,479
Step 5	45,076	46,879	48,754	50,704
Step 6	47,131	49,016	50,977	53,016
Step 7	49,404	51,380	53,435	55,572
Step 8	50,649	52,675	54,782	56,973
Step 9	51,879	53,954	56,112	58,356
Step 10	53,282	55,413	57,630	59,935

Three Years
Trained Teachers
Incremental Salary
Step
Step 1	40,533	42,154	43,840	45,594
Step 2	42,595	44,299	46,071	47,914
Step 3	44,822	46,615	48,480	50,419
Step 4	46,880	48,755	50,705	52,733
Step 5	49,012	50,972	53,011	55,131
Step 6	51,382	53,437	55,574	57,797
Step 7	52,677	54,784	56,975	59,254
Step 8	53,955	56,113	58,358	60,692
Step 9	56,108	58,352	60,686	63,113
Sep 10	58,347	60,681	63,108	65,632
Step 11	59,924	62,321	64,814	67,407
Four Years Trained
Teachers
Incremental Salary
Step
Step 1	43,097	44,821	46,614	48,479
Step 2	45,766	47,597	49,501	51,481
Step 3	48,343	50,277	52,288	54,380
Step 4	51,199	53,247	55,377	57,592
Step 5	53,853	56,007	58,247	60,577
Step 6	56,108	58,352	60,686	63,113
Step 7	58,347	60,681	63,108	65,632
Step 8	60,878	63,313	65,846	68,480
Step 9	63,312	65,844	68,478	71,217

Table 3 - Director’s Allowances

The following minimum rates shall apply from the first full pay period on or after the date specified.

	As of
	31 December	1 January 2009	1 January 2010	1 January 2011
Units	2008	$500	$500	$500
	$	$	$	$
1	4,804	5,304	5,804	6,304
2	5,866	6,366	6,866	7,366
3	7,323	7,823	8,323	8,823
4	9,144	9,644	10,144	10,644

Table 4 - Other Rates and Allowances

Item No	Clause No	Description	Amount
1	3.4(a)	Travel Allowance	51 cents per kilometre

Table 5 - Authorised Supervisor’s Allowance (Clause 6.3(i) & (ii))

The following minimum rates shall apply from the first full pay period on or after the date specified.


Units	As of 31 December 2008	1 January 2009	1 January 2010	1 January 2011
		4%	4%	4%
		$	$	$
1	1,508	1,568	1,631	1,696
2	1,841	1,915	1,992	2,072
3	2,303	2,395	2,491	2,591
4	2,878	2,993	3,113	3,238

Table 6 - Authorised Supervisor’s Allowance (Clause 6.3(ii))

The following minimum rates shall apply from the first full pay period on or after the date specified.

	As of 31 December	1 January 2009	1 January 2010	1 January 2011
Units	2008	4%	4%	4%
	$	$	$	$
1	3,018	3,139	3,265	3,396
2	3,683	3,830	3,983	4,142
3	4,604	4,788	4,980	5,179
4	5,754	5,984	6,223	6,472

PART C

REDUNDANCY

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

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

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

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

2. Employers duty to Notify and Discuss

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

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

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

3. Discussions before terminations

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

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

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

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

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

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

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 3 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 clause 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 Centrelink 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.

5.0 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.

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

5.2 Incapacity to Pay

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

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

5.3 Alternative Employment

M. J. WALTON J , Vice-President

____________________

Printed by the authority of the Industrial Registrar.

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