(492)

SERIAL C7076

Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2009

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 2277, 2280 and 2356 of 2008)

Before The Honourable Justice Walton, Vice-President

15 May 2009

AWARD

Part A - Conditions

1. Arrangement

This award is arranged as follows:

PART A - CONDITIONS

1. Arrangement

2. Definitions

(a) Teacher

(b) Full-Time Teacher

(d) Casual Teacher

(e) Temporary Teacher

(f) Graduate

(g) Equivalent Qualifications or Equivalent Course

(h) Recognised School

(i) Recognised Higher Education Institution

(j) Degree

(k) Graduate Diploma

(l) Teacher Not Otherwise Classified

(m) Two Years Trained Teacher

(n) Three Years Trained Teacher

(o) Four Years Trained Teacher

(p) Five Years Trained Teacher

(q) Conditionally Classified Two Years or Three Years Trained Teacher

(r) Conditionally Classified Four Years Trained Teacher

(s) Teacher-Librarian

(t) Assistant Principal

(u) Positions of Special Responsibility

(v) Senior Teacher 2

(w) Union

(x) Service Date

(y) Statement of Service

3. Terms of Engagement

3.1 Letter of Appointment

3.2 Selection and Appointment Procedures

3.3 Normal Duties

3.4 Lunch Break

3.5 Teacher Skill Development

3.6 Employer Direction

3.7 Statement of Service

3.8 Casual teachers - Statement

4. Salaries and Related Matters

4.1 Salaries Payable

4.2 Special Education Teacher Allowance

4.3 Credit for Previous Teaching Service

4.4 Credit for Other Service

4.5 Process for Applying For Credit for Service

4.6 Progression (Completion of Qualifications)

4.7 Payment of Salary

4.8 Payment of Part-Time Temporary and Casual Teachers

4.9 Travelling Expenses

4.10 Payment for Supervision of Student Teachers

4.11 Overpayment

4.12 Annual Remuneration

5. Promotion Positions

5.1 Allowances

5.2 Acting Appointments

5.3 Appointment on Merit

5.4 Areas of Instruction - Secondary Schools

5.5 Promotion Positions - Primary and Secondary Departments

5.6 Period of Appointment

6. Teacher Librarians

7. Annual Adjustment of Salary

7.1 In Lieu of the Annual Holidays Act, 1944

7.2 Application of Clause

7.3 Calculation of Payments

7.4 Teachers who commence Employment after the School Service Date

7.5 Teachers who take Approved Leave Without Pay or Parental Leave

7.6 Teachers Whose Hours Have Varied

7.7 Payment Not Less than under Annual Holidays Act, 1944

8. Annual Holiday Loading

9. Union Members and Representative

9.1 Meeting of Members

9.2 Posting of Notices

9.3 Interview with Employer

10. Sick Leave

10.1 Entitlement

10.2 Accumulation

10.3 Evidence of Sickness

10.4 Portability

10.5 Income Maintenance for Teachers on Workers Compensation

11. Catholic Personal/Carer’s Leave

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

11.2 Use of Sick Leave for a Pressing Domestic Necessity

11.3 Notification of Intention to Take Leave

11.4 Unpaid Leave for Family Purpose

11.5 Entitlement for Casual Teachers

12. Parental Leave

12.1 Maternity Leave

12.2 Adoption Leave

12.3 Paternity Leave

12.4 Prior Service with Another Catholic Diocesan Employer

or Catholic Independent School

12.5 Casual Teachers

12.6 Right to Request

12.7 Communication During Parental Leave

13. Long Service Leave

13.1 Applicability of Long Service Leave Act, 1955

13.2 Accrual of Long Service Leave from 30 January 2006

13.3 Calculation of Accrual as at 29 January 2006

13.4 Entitlement to Long Service Leave and Payment on Termination

13.5 Conditions of Taking Leave

13.6 Public Holidays and Long Service Leave

13.7 Service

13.8 Payment in Lieu of Long Service Leave

13.9 Long Service Leave and Leave Without Pay

13.10 Long Service Leave in Short Blocks

14. Other Leave

14.1 Bereavement Leave

14.2 Military Reserve Leave

14.3 Examination Study Leave

14.4 Jury Service

14.5 Short Community Service

14.6 Overseas Volunteer Programs

15. Termination

15.1 Period of Notice

15.2 Summary Dismissal

15.3 Payment on Termination

15.4 Calculation of Payments

15.5 Statement of Service

16. Occupational Superannuation (Contribution by Employer)

16.1 Definitions

16.2 Fund

16.3 Benefits

16.4 Transfers between Funds

17. Anti-Discrimination

18. Fair Procedures For Investigating Allegations of Reportable Conduct and Exempt Allegations Pursuant to the Ombudsman Act 1974.

18.1 Definitions

18.2 Natural Justice to Employees in Dealing with Reportable Allegations and Exempt Allegations

18.3 Access to files

18.4 Additional Documentation from Employee

18.5 Confidentiality of Documents and Files

19. Suspension

20. Disputes Procedure

21. No Extra Claims

22. Area Incidence and Duration

PART B - MONETARY RATES

Table 1 - Wage Rates

Table 2 - Allowances for Positions of Special Responsibility

Table 3A - Allowances for Assistant Principal Positions in the Diocese of Broken Bay

Table 3B - Salaries for Assistant Principal Positions for the Archdiocese of Sydney and Diocese of Parramatta

Table 4 - Other Rates

Annexure A - Teacher Classifications and Teacher Librarians

Annexure B - Portability

2. Definitions

For the purpose of this award:

(a) "Teacher" means a person employed as such to assist the Principal in the work of the school.

(b) "Full-Time Teacher" means any teacher other than a casual or part-time teacher.

(c) "Part-Time Teacher" means a teacher who is engaged to work regularly, but for less than a full school week and not more than 0.8 of the normal hours which a full-time teacher at the school is required to teach. A part-time teacher may work more than 0.8 of the normal full-time load where an agreement has been reached by the parties. Such agreement shall be recorded in writing and signed by the teacher and representative of the employer. Any additional terms of the agreement (such as the length of the term of the agreement and the scheduling of the time that the teacher is not required to teach) shall be included.

(d) "Casual Teacher" means a teacher engaged as such by an employer. A casual teacher will not normally be employed for a period greater than four school weeks for each engagement.

(e) "Temporary Teacher" means a teacher employed to work full-time or part-time for a specified period, which is greater than four school weeks. A teacher may be employed as a Temporary Teacher in the following circumstances:

(i) where a teacher is employed to replace a teacher on leave or secondment.

(ii) where a school’s staffing is to be reduced in the following year overall or in a department (in a secondary school). This may include but is not limited to circumstances such as declining enrolments or school amalgamations.

(iii) where a teacher is employed on a specific programme not funded by the diocese, or a new programme or initiative funded by the diocese which is not of an on-going nature.

(iv) where a teacher resigns during a school year and the usual diocesan practice is that such positions are filled on a temporary basis.

(v) where an ongoing position has not been able to be filled using normal selection criteria and the teacher has been informed of this in writing prior to the appointment.

Applicants must be advised in writing prior to accepting a position that it is temporary, the expected length of the appointment and the reason why it is temporary, such reason being one of the reasons specified above.

In the case of paragraph (i), the appointment may be for the whole of the period of leave or secondment of the teacher. In the case of paragraphs (ii) and (iii), the appointment may be for a period of up to two full school years. The employer, the union and the teacher may agree to extend the temporary period of appointment beyond two years. The union shall not withhold its consent unreasonably.

In the case of paragraph (iv) the appointment may be for not longer than the end of the school year in which the appointment occurs.

In the case of paragraph (v) the appointment may be for a period of up to one full school year.

The parties recognise that a temporary teacher may be appointed to a series of different temporary positions either within the school or at another school of the employer immediately following the cessation of a prior temporary appointment.

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

(g) "Equivalent Qualifications or Equivalent Course" means qualifications or a course, as the case may be, which is specified by Annexure A of this award as being equivalent to a particular qualification or course prescribed by this award, which the employer and teacher agree as being equivalent to the qualification or course prescribed by the clause in question in this award or which the Industrial Relations Commission determines as being so equivalent.

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

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

(j) "Degree" means a course of study at a recognised higher education institution of at least three years full-time duration or its part-time equivalent.

(k) "Graduate Diploma" means a course of study at a recognised higher education institution of at least one year’s full-time duration or its part-time equivalent.

(l) "Teacher Not Otherwise Classified" means a teacher who is not Two, Three, Four or Five Years Trained nor Conditionally Classified Two, Three or Four Years Trained.

(m) "Two Years Trained Teacher" means:

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

(ii) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(n) "Three Years Trained Teacher" means:

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

(ii) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(o) "Four Years Trained Teacher" means:

(i) A teacher who is a graduate in Education (four years full-time course); or

(ii) A teacher who is a graduate who in addition has satisfactorily completed at least a one year’s full-time course in teacher education which contains units relating to teaching theory and practice at a recognised higher education institution; or

(iii) A teacher who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has been awarded a Graduate Diploma at a recognised higher education institution; or

(iv) A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

(p) "Five Years Trained Teacher" means:

(i) A teacher who has satisfactorily completed a degree requiring a minimum of four years’ full-time study from a recognised higher education institution and who, in addition, has satisfactorily completed a one year’s full-time course in teacher education which contains units relating to teaching theory and practice; or

(ii) A Four Years Trained Teacher who, in addition, has satisfactorily completed either a Masters or Doctorate degree from a recognised higher education institution; or

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

(q) "Conditionally Classified Two Years/Three Years Trained Teacher" means; a teacher who has attempted all of the requirements for the course of teacher education but has not yet satisfied the requirements to be granted the qualification. The classification "Conditionally Classified Two Years Trained Teacher" shall only apply to persons classified as such and who were employed on or before 29 January 2006.

(r) " Conditionally Classified Four Years Trained Teacher means a teacher who is a graduate other than a graduate to whom subclause (o) of this clause applies.

(s) "Teacher-Librarian" means a teacher appointed as such.

(t) "Assistant Principal" means a teacher appointed as such, who assists the Principal in his/her responsibility for the conduct and organisation of the school.

(u) Positions of Special Responsibility:

(i) "Co-ordinator 1" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(ii) "Co-ordinator 2" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(iii) "Co-ordinator 3" means a teacher appointed as such with duties as set out in the relevant Diocesan agreement.

(v) "Senior Teacher 2" means a teacher who is a Senior Teacher 1 and is appointed as a Senior Teacher 2 in the Archdiocese of Sydney with duties as set out in the relevant Diocesan agreement. (Senior Teacher - 1"means a teacher who was classified as such prior to the introduction of this award).

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

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

(y) "Statement of Service" means a statement from an employer on official letterhead that contains a start date, termination date, whether service was full-time, part-time or casual, whether any paid promotions positions were held and whether any leave without pay was taken.

3. Terms of Engagement

3.1 Letter of Appointment

The employer shall provide a teacher (other than a casual teacher), on appointment, with a letter stating inter alia the classification and rate of salary as at appointment, the normal teaching load that will be required and an outline of superannuation benefits available to teachers at the school.

3.2 Selection and Appointment Procedures.

Normally, teaching positions except temporary positions of up to one term's duration and casual positions will be appropriately advertised and appointments will be made following a selection process. Such appointments will be made on the basis of merit and suitability in accordance with documented diocesan selection process and appointment procedures.

3.3 Normal Duties

The normal duties of teachers shall include playground duties, sports duties, and usual extra-curricular activities and, in relation to teachers appointed to residential positions, the usual residential duties.

3.4 Meal Break

A teacher shall be entitled to a minimum of 30 consecutive minutes as a meal break during which period a teacher shall not be required to hold meetings, supervise, teach or coach sport, team games, cultural or academic activities.

3.5 Teacher Skill Development

(a) Induction - A teacher in his or her first year of experience shall participate in an induction process of one year’s duration, provided that in certain circumstances the teacher and the employer may agree that the teacher should participate in the induction process for a further year.

The induction process shall be determined by the employer or the Principal in consultation with the teacher to assist the teacher’s professional development, which shall be reviewed regularly throughout the year.

The employer may provide a written statement to the teacher not later than four weeks before the end of the school year outlining the teacher’s progress and development.

(b) A teacher may request and be given from time to time by the employer or the Principal appropriate documentation as evidence of the teacher’s professional development and experience. These documents may, if the teacher wishes, form a portfolio which shall remain the property of the teacher.

(c) Where the employer considers that a problem exists in relation to the teacher’s performance the employer shall not use any agreed teacher development process in substitution for, or as alternative to, in whole or in part, procedures which apply to the handling of such problems.

(d) A teacher returning to teaching after an absence of five or more years shall be offered support through an induction process as provided for in paragraph (a) of this sub-clause with appropriate modification and shall be expected to participate as appropriate.

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

3.7 Upon the termination of service of a teacher (other than a casual teacher), the employer shall provide a statement of service.

3.8 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 the engagement, provided such request is made during or on termination of the casual engagement.

4. Salaries and Related Matters

4.1 Salaries Payable -

(a) The minimum annual rate of salary payable to full-time teachers in schools shall be as set out in Table 1 - Wage Rates of Part B, Monetary Rates. Fortnightly salaries shall be ascertained by multiplying the annual salary by 14 and dividing by 365 with the answer rounded to two decimal points.

(b) Five Years Trained Teacher

A Five Years Trained Teacher shall commence on Step 6 and progress according to years of service to Step 13.

A Four Years Trained Teacher shall commence on Step 5 and progress according to years of service to Step 13.

(d) Three Years Trained Teacher

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

(ii) A Three Years Trained Teacher on Steps 3 to 8, who by further study, completes the equivalent of one year of full-time study of a degree course, shall have his or her salary advanced one increment with retention of incremental date and shall thereafter progress in accordance with years of service to Step 13 of the scale.

(e) Two Years Trained Teacher

(i) A Two Years Trained Teacher shall commence on Step 2 of the scale and progress according to years of service to Step 9 of the scale.

(ii) A Two Years Trained Teacher who by further study satisfactorily completes the equivalent of one year of full-time study of a degree course, shall be deemed a Three Years Trained Teacher and shall be paid an additional increment with retention of incremental date and shall thereafter progress in accordance with normal years of service to Step 9 of the scale.

(iii) A Two Years Trained Teacher who has completed at least one year on Step 9 and who has completed 120 hours of professional development outside of school hours and pupil-free days over a period of five years prior to the teacher’s application for progression may apply for progression to Step 10 and thereafter progress to Step 13 after completion of one year’s service on each of Step 10, Step 11 and Step 12.

(iv) Such professional development, if it is to be considered for the purposes of subparagraph (ii) of this paragraph, must be deemed relevant to the Two Years Trained Teacher’s employment by the employer.

(f) Conditionally Classified Two Years Trained Teacher

A Conditionally Classified Two Years Trained Teacher shall commence on Step 2 of the scale and progress according to years of service to Step 6 of the scale; provided that a teacher shall, after 15 years’ service, progress to Step 7 and shall thereafter progress according to years of service to Step 9.

This clause will only apply to teachers classified as such and employed on or before 29 January 2006.

(g) Conditionally Classified Three years Trained Teacher

A Conditionally Classified Three Years Trained Teacher shall commence on Step 3 and progress according to years of service to Step 6; provided that a teacher shall, after 15 years service, progress to Step 7 and shall thereafter progress according to years of service to Step 9.

(h) Conditionally Classified Four Years Trained Teacher

A Four Years Trained Conditionally Classified Teacher shall commence on Step 5 and progress according to years of service to Step 9; provided that a teacher shall, after 15 years service, progress to Step 10 and shall thereafter progress according to years of service to Step 13.

(i) Teacher Not Otherwise Classified

A Teacher Not Otherwise Classified shall commence on Step 1 of the scale and progress according to years of service to Step 6.

(j) Previous Award Classification

Teachers employed immediately prior to the date of making of this award shall be deemed to be classified under this award at a level not less than that which applied under the previous award and shall be deemed to have years of service as at the date of making this award calculated in accordance with the provisions of the previous award.

4.2 Special Education Teacher Allowance

(a) Teachers appointed to teach classes of children with a disability shall be paid in addition to the salaries provided for in sub-clause 4.1 of this clause an allowance as set out in Item 1 of Table 4 - Other Rates, of Part B, Monetary Rates.

(b) A principal teacher of a school for children with a disability shall be paid, in addition to the salaries provided in the scales and the allowances provided in (a) of this sub-clause, a further allowance at the rate as set out in Item 2 of the said Table 4 for each member of staff being supervised; provided that the maximum payment for such further allowance shall be as set out in Item 3 of Table 4.

4.3 Credit for Previous Teaching Service

(a) For the purpose of calculating credit for previous teaching service, teaching service in recognised schools or in schools certified or registered under the appropriate legislation in other states or territories of the Commonwealth of Australia shall count as follows:

(i) Any employment as a full-time teacher (including employment as a temporary full-time teacher), shall be counted as service;

(ii) The amount of service of a part-time teacher (including a temporary part-time teacher) shall be calculated in proportion to the full-time teaching load of a teacher at the school;

(iii) Service as a casual teacher shall be credited on the basis that 204 days of casual service are equal to a year of service.

(b) When calculating previous teaching service one year of service may be deducted for every continuous period of five years’ absence from teaching except where the teacher was for most of the period of absence wholly engaged in child-rearing or engaged in other service recognised in accordance with sub-clause 4.4.

4.4 Credit for Other Service

(a) Teaching Service and Relevant Industry Experience

Full-time service in a recognised teaching institution other than a recognised school or in a field directly related to teaching which is relevant to the position the teacher is employed in (e.g. employment as a musician for a music teacher, employment in a trade for industrial arts) on the basis of one service increment for each year of full-time employment, up to a maximum of four increments.

(b) Other Industry Experience

Full-time service at age 21 or more in any paid occupation in commerce, industry or government as deemed directly relevant to employment as a teacher by the employer on the basis of one increment for each three years of service to a maximum of four increments.

A teacher who has been primarily engaged in child rearing, shall have such period recognised on the basis of one increment for each continuous three years of child rearing, to a maximum of four increments.

Provided that accreditation for child rearing shall only be granted on the basis that:

(i) only one parent will receive the benefit for any particular period of child rearing;

(ii) full-time child rearing will be regarded as the time before the child attains six years of age or is enrolled in full-time schooling, whichever is the earlier, and

(iii) paid employment, except as a casual teacher in a New South Wales non-government school or in limited casual employment elsewhere, will be taken to break the continuity of full-time child rearing.

For the purpose of calculating the period of child rearing in this paragraph, parental leave will be included to the extent that the leave occurs after the birth of the child or where prior to the birth of the child the teacher was engaged in child rearing of another of his or her children, the whole period of parental leave will be used when calculating the period of child rearing.

This sub clause will apply only to teachers employed or

re-employed in Catholic school systemic schools after 7 April 1991.

(d) A teacher shall not be entitled to more than four increments in total from paragraphs (a), (b) and (c) of this sub-clause.

4.5 Process for Applying For Credit for Service

(a) Upon application for employment a teacher shall be advised in writing of all types of previous service (including child-rearing, full-time and part-time teaching, casual teaching, industry experience, other teaching outside schools, etc) recognised under this award and of the documentation required to substantiate such previous service.

(b) An application by a teacher for recognition of previous teaching service or industry experience pursuant to subclauses 4.3 and 4.4 of this clause shall be supported by a statement of service on official letterhead (or similar statement in the case of employment by an employer other than an educational institution) which establishes the period of service to be recognised. An application by a teacher for recognition of a period of child-rearing shall be supported by a statutory declaration establishing the period of child-rearing to be recognised and a copy of the child’s birth certificate.

(c) An application for recognition of previous service (including child-rearing) pursuant to subclauses 4.3 and 4.4 of this clause shall be granted, if successful, from the date the application was received by the employer. In the case where the application was received within one school term of the date the teacher commenced employment with the employer, the application shall be granted from the date of commencement.

4.6 Progression (Completion of Qualifications)

(a) The transfer to a higher salary step of a teacher who has completed a course of training which makes the teacher eligible to be so transferred and the further incremental progression of such teacher on the salary scale, shall be effected in accordance with this subclause.

(b)

(i) A teacher seeking such transfer shall make application in writing to the employer and shall attach to such application documentary evidence establishing that the teacher 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 the teacher eligible to transfer;

(ii) Where an application is made under subparagraph (i) of this paragraph which establishes that a teacher is eligible to transfer to a higher salary step, such transfer shall take effect:

(A) from the beginning of the first pay period to commence on or after the date the teacher undertook the last paper in the final examination in the course of training which creates the eligibility for transfer, or from the beginning of the first pay period to commence on or after the date of completion of formal course requirements, whichever is the later;

provided that the application for transfer is received by the employer no later than the first school day of the school term following the completion of such course of training; or

(B) where the application for transfer is not received by the employer within the time specified in (A), from the beginning of the first pay period to commence on or after the date on which the employer receives such application.

(iii) A teacher who is transferred to a higher salary step in accordance with this subclause, shall, for the purpose of further incremental progression after such transfer, retain his or her normal salary incremental date. Provided that if the transfer of the teacher to the higher salary step coincides with the teacher’s normal salary incremental date, the increment shall be applied prior to the teacher being transferred to the higher step.

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

(d) A teacher who is Conditionally Classified Two Years Trained, Conditionally Classified Three Years Trained, Conditionally Classified Four Years Trained or Not Otherwise Classified who completes a course of training which entitles the teacher to be classified to a higher classification shall progress to the step on the salary scale which is determined by the teacher’s new qualifications and such step as is closest to the teacher’s salary prior to progressing and which shall result in an increase in the teacher’s salary.

4.7 Payment of Salary

(a) The salary payable to any teacher other than a casual teacher pursuant to this clause, shall be payable fortnightly.

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

4.8 Payment of Part-Time Temporary and Casual Teachers

(a) (i) Subject to subparagraph (ii) of this paragraph, 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 number of hours which are normal teaching hours bear to the hours which a full-time teacher at the school is normally required to teach.

(ii) A part-time teacher-librarian, including a temporary part-time teacher-librarian, shall be paid at the same rates as a full-time teacher-librarian with the corresponding classification, but in that proportion which the number of hours which are the normal working hours bears to the hours a full-time teacher-librarian at the school is normally required to work. If there is no full-time teacher-librarian employed at the school, the proportion shall be based upon the number of hours which a full-time teacher-librarian at the school would be required to work if employed.

(iii) No part-time teacher shall be required to attend school on any day on which he or she is not required to teach, except to attend occasional school activities as reasonably required. A part-time teacher shall be allocated other duties on a pro-rata basis.

(iv) Part-time teachers shall be required to attend school on the number of days per week which is generally consistent with their scheduled teaching load, provided that the Principal has sufficient flexibility to ensure that the needs of pupils are met. In the event of a dispute between the teacher and the Principal in relation to this clause, the parties shall follow the procedure set out in clause 20. Disputes Procedure of this award.

(b) The salary payable to a casual teacher shall be the appropriate rate in sub-clause 4.1 in accordance with years of full-time service, divided by 204 in the case of a daily payment or 408 in the case of a half daily payment plus an additional 5% loading, provided that the maximum rates payable shall be as follows:

Classification	Step
Four Years Trained	8
Three Years Trained	7
Two Years Trained	5
Not Otherwise Classified	1
Conditionally Classified Four Years Trained	7
Conditionally Classified Three Years Trained	6
Conditionally Classified Two Years Trained	4

The said rate includes the pro-rata payment in respect of annual holidays to which the teacher is entitled in accordance with the Annual Holidays Act 1944.

4.9 Travelling Expenses

(a) Where the use of a vehicle is required in connection with employment, other than for journeys between home and place of employment, the teacher shall be paid an allowance as set out in Item 4 of Table 4 - Other Rates 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.

4.10 Payment for Supervision of Student Teachers

Where supervision of the teaching of a student teacher is required as a part of duty, the teacher shall receive all payments made by the Student Teachers’ Training Institution for such supervision.

4.11 Overpayment

Where an employer becomes aware that payments have been made over or under entitlements the teacher shall be notified and the parties shall attempt to reach agreement on the money due or to be recovered. If the parties are unable to reach agreement, either party may have recourse to the Disputes Procedure.

4.12 Annual Remuneration

(a) Notwithstanding sub-clause 4.7, an employer may offer and a teacher may elect to receive his or her annual remuneration as a combination of salary (payable fortnightly) and benefits payable by the employer. The sum total of such salary, benefits, Fringe Benefits tax and employer administrative charge will equal the appropriate salary prescribed by sub-clause 4.1, sub-clause 4.2 and sub-clause 5.1.

(b) The employer will determine the range of benefits available to the teacher and the teacher may determine the mix and level of benefits as provided in paragraph (a) of this sub-clause.

(i) during employment; or

(ii) on termination of employment; or

(iii) on death

shall be at the rate prescribed by sub-clause 4.1, sub-clause 4.2 and sub-clause 5.1.

5. Promotion Positions

5.1 Allowances

(a) The allowances for Positions of Special Responsibility shall be as set out in Table 2 - Allowances for Positions of Special Responsibility, of Part B, Monetary Rates. Such allowances shall be in addition to the salary applicable to the appointee.

(b) The allowance for the Assistant Principal position in the Diocese of Broken Bay shall be as set out in Table 3A - Allowances for Assistant Principal Positions in the Diocese of Broken Bay. Such allowance shall be in addition to the salary applicable to the appointee.

The salaries for Assistant Principals employed in either the Archdiocese of Sydney or the Diocese of Parramatta shall be set out in Table 3B - Salaries for Assistant Principal Positions for the Archdiocese of Sydney and Diocese of Parramatta.

5.2 Acting Appointments

If an employer appoints a teacher to act in a promotion position for ten or more consecutive school days, the employer must pay the teacher the rate of allowance prescribed for that position.

5.3 Appointment on Merit

All appointments will be made on the basis of merit and suitability and in accordance with documented diocesan selection and appointment procedures and will normally and appropriately be advertised. Upon appointment, an employee will be informed of professional expectations and duties.

5.4 The minimum number of promotion positions required to be appointed shall be as set out in sub-clause 5.5, provided that where there is a programme of work in an area of instruction (including curriculum sporting instruction) in a secondary department the hours of which aggregate more than 54 hours per week averaged over the school year (or in the case of the Diocese of Broken Bay more than 2000 indicative hours per annum) a Co-ordinator 2 shall be appointed to co-ordinate such area of instruction.

In determining an area of instruction, an employer may aggregate two or more subjects to comprise an area of instruction, provided that the total hours aggregated do not exceed 108 hours per week averaged over the school year or 4000 indicative hours per annum in the Diocese of Broken Bay. Where hours per week exceed 108 hours per week or exceed 4000 indicative hours per annum in the Diocese of Broken Bay the area of instruction shall attract the equivalent of a Co-ordinator 3. There is no requirement to appoint a Co-ordinator 3 as such, the position may be filled by appointing a Co-ordinator 2 assisted by a Co-ordinator 1.

5.5 Promotions Positions - Primary and Secondary Departments

(a) The position of Assistant Principal shall be appointed where the enrolment at the previous year's census date in a Secondary Department exceeds 200 students or in a Primary Department where the enrolment at the previous year's census date exceeds 100 students. Provided that an Assistant Principal need only be appointed in a Primary Department where the school only consists of a Primary Department or the Primary Department of the school is at a different location from the Secondary Department.

(b) The minimum number of promotions points required to be appointed in a Secondary Department shall be determined in accordance with the points as set out in the following table:

Enrolment at Previous	Number of Points	Number of Points	Number of Points
Year's Census Date	7 - 12	7 - 10	11 - 12
1-200	-
201-300	-	12
301-400	16	16
401-500	20	16	18
501-600	22	20	20
601-700	26	22
701-800	30
801-900	32
901-1000	34
1001-1100	37
1101-1200	40
1201-1300	42

Note: This table does not include the positions of Principal or Assistant Principal. The position of Information Technology Co-ordinator (where appointed) is included.

The number of Positions of Special Responsibility required to be appointed shall be calculated by allowing one point for each Co-ordinator 1, two points for each Co-ordinator 2 and three points for each Co-ordinator 3.

(c) The minimum number of promotions points required to be appointed in a Primary Department shall be determined in accordance with the points as set out in the following table:

Enrolment at Previous Year's Census Date	Number of Points
1-100	-
101-200	-
201-250	2
250-400	3
401-500	5
501-600	5
601-700	8
701-800	9
801+	11

Note: This table does not include the positions of Principal or Assistant Principal. The position of Information Technology Co-ordinator (where appointed) is included.

5.6 Period of Appointment

The period of appointment shall be as specified in the relevant Diocesan enterprise agreement.

6. Teacher Librarians

For classifications and duties of teacher-librarians refer to Annexure A

7. Annual Adjustment of Salary

7.1 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.

7.2 The provisions of this clause shall apply as set out in the relevant sub-clauses where:

(a) a teacher (other than a casual teacher) commences employment after the school service date;

(b) a teacher (other than a casual teacher) takes approved leave without pay or unpaid parental leave for a period which (in total) exceeds 20 pupil days in any year; or

7.3 Calculation of Payments

(a) A payment made pursuant to paragraph (a) or (b) of sub-clause 7.2 shall be calculated in accordance with the following formula:

Step 1	A x B	=	D
	C

Step 2	D - E	=	F

Step 3	F x G	=	H
	2

where:

A = The number of term weeks worked by the teacher since the school service date

B = The number of non-term weeks in the school year

C = The number of term weeks in the school year

D = Result in weeks

E = The number of non-term weeks worked by the teacher since the school service date

F = Result in weeks

G = The teacher’s current fortnightly salary

H = Amount Due

(b) A payment made pursuant to paragraph (c) of sub-clause 7.2 to a teacher whose normal teaching hours have varied shall be calculated in accordance with the following formula:

Step 1	A - B	=	C

Step 2	C x D	=	F
	E

Step 3	F - B	=	G

where:

A = Total salary paid to the teacher since the school service date

B = Salary paid to the teacher in respect of non-term weeks since the school service date

C = Salary paid to the teacher in respect of term weeks since the school service date

D = The total number of non-term weeks in the school year

E = The total number of term weeks in the school year

F = Result in dollars

G = Amount Due

7.4 Teachers who commence Employment after the School Service Date

(a) A teacher who commences employment after the school service date shall be paid from the date the teacher commences provided that, at the end of Term IV, the teacher shall be paid an amount calculated pursuant to sub-clause 7.3 of this clause and shall receive no other salary until his or her return to work in the following school year.

(b) In each succeeding year of employment, the anniversary of appointment of the teacher for the purposes of this clause shall be deemed to be the school service date.

7.5 Teachers who take Approved Leave Without Pay or Unpaid Parental Leave

Where a teacher takes leave without pay or unpaid parental leave with the approval of the employer for a period which (in total) exceeds 20 pupil days in any year, the teacher shall be paid salary calculated in accordance with this clause as follows:

(a) If the leave commences and concludes in the same school year payment shall be calculated and made at the conclusion of Term IV of that school year.

(b) If the leave is to conclude in a school year following the school year in which the leave commenced:

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

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

(c) Where a teacher who has received a payment pursuant to paragraph (b) of this sub-clause returns from leave in the same year rather than the next school year as anticipated, then the teacher shall be paid at the conclusion of Term IV as follows:

(i) by applying the formula in sub-clause 7.3 as if no payment had been made to the teacher at the commencement of leave;

(ii) by deducting from that amount the amount earlier paid to the teacher.

7.6 Teachers Whose Hours Have Varied

Where the hours which a teacher normally teaches at a school have varied since the school service date in any school year and the teacher’s employment is to continue into the next school year, the teacher shall be paid throughout the summer pupil vacation as follows:

(a) the amount due pursuant to the formula in paragraph (b) of sub-clause 7.3 shall be calculated; and

(b) the teacher shall continue to receive in each fortnight of the pupil vacation period the same amount as his or her ordinary pay in the last fortnight of the school term until the total amount received by the teacher during the pupil vacation period is the same as the amount calculated above. (Note - this will have the consequence that the last fortnight of the pupil vacation period in which the teacher is paid the amount received will differ from the pay in the preceding fortnights).

7.7 Notwithstanding the provisions of paragraph (a) of subclause 7.1 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.

8. Annual Holiday Loading

8.1 Subject to subclause 8.6 hereof, where a teacher, other than a casual teacher, is given and takes annual holidays commencing at the beginning of the school summer vacation each year, the teacher 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 school vacation.

8.3 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 employment, or where relevant;

(b) the period of annual leave calculated under subclause 8.6.

8.4 The loading shall be the amount payable for the period specified in subclause 8.3 or 8.6 at the rate of 17½ per cent of the weekly equivalent of the teacher’s annual salary.

8.5 For the purposes of this clause, "salary" shall mean the salary payable to the teacher at 1 December of the year in which the loading is payable, together with, where applicable, the allowances prescribed by subclause 4.2 of clause 4, Salaries and clause 5, Promotion Positions, but not including any other allowances or amount otherwise payable in addition to salary.

Provided that where subclause 8.6 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 sub-clause 7.3, of clause 7 Annual Adjustment of Salary or subclause 15.4 of clause 15 Termination.

8.6 Where a teacher receives a payment pursuant to paragraph (a) of subclause 7.3 or sub-clause 15.4 (other than a teacher terminated by the employer for misconduct) the teacher shall be entitled to that fraction of the annual holiday loading to which he or she would be entitled if he or she had worked for the whole school year which is equal to the number of term weeks worked by the teacher divided by the number of term weeks in the whole school year.

9. Union Members and Representative

9.1 Meetings of union members who are employed at the school may be held on the school premises at times and places reasonably convenient to both union members and the Principal.

9.2 The employer shall permit the union representative in the school to post union notices relating to the holding of meetings on a common room noticeboard.

9.3 The union representative shall be permitted in working hours (other than timetabled teaching time) to discuss union business with the employer or the Principal. Such discussion shall take place at a time and place convenient to both parties.

10. Sick Leave

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

(a) In respect of each year of service with an employer, the period of sick leave shall, subject to subclause 10.2 of this clause, not exceed in any year of service 25 working days on full pay.

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

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

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

(e) A temporary teacher shall be entitled to sick leave in that proportion which the period of appointment of the teacher bears to the length of the school year.

(f) The teacher, if required by the employer, complies with subclause 10.4 of this clause.

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

(a) Untaken sick leave in any year of service with an employer shall be accumulated, provided that a teacher shall only be entitled to the sick leave accumulated in respect of the six years of continuous service immediately preceding the current year of service and the maximum accumulation shall not exceed 150 days on full pay.

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

10.3 Evidence of Sickness

(a) In each year, with the exception of the first two days’ absence due to illness, a teacher shall, upon request, provide a medical certificate addressed to the employer or, if the employer requires, to a medical practitioner nominated by the employer.

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

(i) The employer may arrange a meeting in order to clarify the position with the teacher. The employer shall invite the teacher to respond verbally to the issues raised by the employer. If the teacher is a union member, then the teacher may seek union advice and assistance.

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

(a) require further evidence of illness; and/or

(b) request the teacher to obtain a second opinion from another doctor at the employer’s cost; and/or

(d) require the teacher to obtain a medical report (at the employer’s cost) in relation to the likely period of absence; and/or

(e) discuss with the teacher any other action.

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

(iv) Action shall only be taken pursuant to (b) of this subclause following consultation between the principal of the school and the Diocesan office.

(v) The parties agree to meet to review the operation of this subclause after the award has been in place for twelve months if either party to the award so requests.

10.4 Portability

(a) A teacher who was previously employed with another Catholic Diocesan Employer or Catholic Independent School as a full-time, part-time or temporary teacher, and is employed with or in a Diocese on or after 3 February 1997, shall be entitled to portability of sick leave in accordance with this subclause.

(b) Untaken sick leave which has accumulated in accordance with subclause 10.2 since 29 January 1996 shall be credited to the teacher as their accumulated sick leave on the commencement of their employment with or in the Diocese.

(c) For a teacher to be eligible for portability of sick leave under this clause, the teacher must satisfy the following criteria:

(i) The teacher has commenced employment with the Diocese within six months or two terms, whichever is the greater, of the teacher’s employment terminating with the other Catholic Diocesan Employer or Catholic Independent School.

(ii) The former Catholic Diocesan employer or Catholic Independent School will provide to each teacher, on the teacher's termination of employment, a completed version of the form set out in Annexure B of this award and the teacher will provide the original completed form to the new Catholic Diocesan employer within four school weeks of the commencement of employment.

(d) For the purpose of this subclause "Catholic Diocesan Employer" shall mean the Archdioceses of Sydney and Canberra/Goulburn and the Dioceses of Broken Bay, Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga (and the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and Wollongong; "Catholic Independent School" means an employer respondent to the Teachers (Catholic Independent Schools) (State) Award 2004 published on 18 March 2005 (349 I.G. 395) (as varied from time to time) or any award replacing such award and "Diocese" means a Diocese respondent to this award.

(e) Notwithstanding paragraphs (a) and (b) of this sub-clause, the maximum sick leave portable between Catholic Diocesan employers or Catholic Independent Schools to a Catholic Diocesan Employer shall be 150 days and the sick leave in any one year pursuant to paragraph (a) of sub-clause 10.1 shall not exceed 25 days (with one or more employers).

10.5 Income Maintenance for Teachers on Workers Compensation

This sub-clause applies to a teacher who is totally unfit for work (total incapacity) and is in receipt of a weekly payment pursuant to workers compensation legislation. During the first 26 weeks only of the period that the teacher is unfit for work, if the weekly compensation payment received by the teacher is less than the award rate of pay applicable to the teacher, the teacher shall be entitled to top up the fortnightly salary to the award rate by taking any sick leave or long service leave to which the teacher is entitled. The leave balance of the teacher shall be reduced proportionately.

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

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

11.2 Use of Sick Leave for a Pressing Domestic Necessity

(a) Subject to paragraph 11.2 (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 sub clause 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 sub clause 11.1 (c) (ii) or 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. Parental Leave

12.1 Maternity Leave

(a) A teacher who applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and:

(i) is granted maternity leave for a period of fourteen weeks or longer by the employer; and

(ii) the date of birth is on or after 30 January 2006

shall be entitled to maternity leave in accordance with this sub-clause.

(b) The maternity leave shall be paid for fourteen 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 fourteen weeks then the period of paid maternity leave shall be for such lesser period). This period shall be inclusive of non term periods falling within the fourteen weeks, other than where a teacher works up until the last day of a term in which case the maternity leave shall be deemed to commence from the first day of the following school term. For the purpose of this paragraph, non-term periods shall not include the first four weeks of the school summer vacation 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.

(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) Paid maternity leave shall commence no earlier than one term prior to the expected date of birth.

(g) The employer may deduct payment for any absence of the teacher (to which the teacher, but for this clause, would have been entitled under clause 10, Sick Leave) in the period four calendar weeks prior to the expected date of birth from the payment of paid maternity leave to which the teacher is entitled pursuant to this subclause.

(h) Non term weeks within the period of paid maternity leave shall be deemed to be non term weeks worked by the teacher for the purpose of clause 7, Annual Adjustment of Salary and clause 15, Termination.

(i) 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.

(j) Where a teacher gives birth to a child whilst on unpaid leave (other than maternity leave in relation to the birth of the same child) the teacher will be entitled to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996. However, the teacher will not be entitled to an additional fourteen weeks payment in accordance with paragraph (b) of this sub-clause.

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

Notation

(i) The employers are of the view that maternity leave should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term.

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

(iii) Transitional Arrangements - The provisions of the preceding award relating to paid maternity leave shall apply to a teacher whose baby is born on or after 1 January 2006 and before 30 January 2006.

12.2 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.

12.3 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 12.3(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 12.3(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 12.3(c) above.

12.4 Prior Service with Another Catholic Diocesan Employer or Catholic Independent School

For the purpose of eligibility for maternity leave and adoption leave pursuant to this clause, a teacher who is not eligible for such leave because he or she has less than twelve months continuous service as required pursuant to Section 57 of the Industrial Relations Act, shall nevertheless be deemed to have completed twelve months continuous service with the current employer if immediately prior to commencement of service with the current employer, he or she had twelve months continuous service with another Catholic Diocesan Employer or Catholic Independent School.

"Catholic Diocesan Employer" and "Catholic Independent School" shall have the same meaning as in sub-clause 10.4(d) of this award.

12.5 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.

12.6 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 sub clause 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.

12.7 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).

13. Long Service Leave

13.1 Applicability of Long Service Leave Act 1955

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

13.2 Accrual of Leave from 30 January 2006

The amount of long service leave which a teacher shall accrue in respect of service performed on and from 30 January 2006 shall be:

(a) In the case of a teacher who has completed:

(i) less than ten years service, in respect of full-time service a teacher shall accrue 6.5 days per year of service; and

(ii) ten or more years of service, in respect of full-time service a teacher shall accrue 10 days per year of service.

(b) A teacher shall be entitled to accrue leave in respect of part-time service as set out in paragraph (a) of this subclause on a pro rata basis according to his or her FTE (as defined in paragraph (c) of this subclause).

(c) For the purposes of this clause the "FTE" is defined as the proportion which the number of teaching hours per week worked by a teacher bears to the number of teaching hours which a full-time teacher at the school is required to teach per week. (NB that this formula is the same as that which is utilised in subclause 4.8 of this award for calculation of payment of part-time teachers).

(d) A teacher shall be entitled to leave in accordance with this subclause together with leave accrued before 30 January 2006 pursuant to subclause 13.3.

13.3 Calculation of Accrual as at 29 January 2006

(a) A teacher whose employment commenced prior to 30 January 2006 will have accrued long service leave as at 29 January 2006 in accordance with previous award and legislative provisions.

A summary of the accrual rates pursuant to these provisions is set out below:

Calculation of Entitlement:

Prior to 31 July 1985	.866 weeks per year.
1 August 1985 to	1.05 weeks per year up to 10 years of service.
30 January 1995	1.5 weeks per year after 10 years of service.
31 January 1995 to	1.3 weeks per year up to 10 years of service.
31 January 2001	1.9 weeks per year, after 10 years of service.
1 February 2001 to	1.3 weeks per year up to 10 years of service.
29 January 2006	2 weeks per year after 10 years of service.

(b) It is the intention of the parties that on and from 30 January 2006 long service leave accrual will reflect the differing patterns of work of teachers within Catholic schools, whose teaching load changes from full-time to part-time and/or vice versa during their working career. To that end on 29 January 2006, all existing accruals will be converted from weeks to working days.

(c) The following formula will be used to calculate the number of days of long service leave that a teacher is entitled to as at 29 January 2006:

(i) all full-time teachers, as at 29 January 2006, will have their weeks of accrued long service leave converted to days on the basis of 1 week of accrued leave equals 5 days of accrued leave;

(ii) all part-time teachers, as at 29 January 2006, will have their weeks of accrued long service leave converted to days by averaging the FTE (as defined in accordance with paragraph (c) of subclause 13.2 of this clause) of the last 5 years of eligible service, comparing it with the current FTE (i.e. as at 29 January 2006) and using the higher figure for conversion to days.

13.4 Entitlement to Long Service Leave and Payment of Long Service Leave on Termination

(a) A teacher shall be entitled to take long service leave accrued in accordance with subclauses 13.2 and 13.3 of this clause on the completion of ten years service with an employer and on the completion of each additional seven years service thereafter.

(b) In the case of a teacher who has completed at least 5 years service with an employer and the service of the teacher is terminated or ceases for any reason, such teacher shall be paid their accrued long service leave calculated in accordance with subclause 13.2 and subclause 13.3 of this clause.

13.5 Conditions of Taking Leave

(a) It is the intention of the parties that the number of days of long service leave accrued by the teacher can be taken at the teacher’s current FTE when the long service leave is taken.

For example, a teacher works full-time for their first ten years of employment and then reduces to 2.5 days per week (0.5 FTE) for the next five years of their employment. The teacher would accrue 65 days of long service leave for their first ten years of service and then 25 days of long service leave over their next five years of service, a total of 90 days long service leave. If the teacher works 2.5 days per week (0.5 FTE) at the time they commence leave, the teacher would be entitled to take their 90 days of long service leave over 36 weeks.

The following paragraphs (b) - (e) apply to the Dioceses of Broken Bay and Parramatta only. For the corresponding conditions of taking leave for the Archdiocese of Sydney see the Enterprise Agreement.

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

(c) A teacher may request and be granted up to one weeks leave without pay to be taken in addition to long service leave such that the total period of leave comprises one or more complete school terms.

(d) Long Service leave will be exclusive of pupil vacation periods adjacent to or within the period of leave. Provided however that in the case only of a teacher who wishes to take a short block of long service leave immediately before or immediately after a pupil vacation period but not in accordance with sub-clause 13.10 Long Service Leave in Short Blocks nor in accordance with other diocesan policy on long service leave, then the employer may impose that the leave is inclusive of the pupil vacation period adjacent to or within the period of leave.

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

13.6 Public Holidays and Long Service Leave

A period of long service leave will be exclusive of a public holiday falling within it.

Notation: A contrary provision applied under previous awards in place from 1 January 1985 until 7 December 2000.

13.7 Service

The service of a teacher with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking approved leave without pay (including unpaid leave in accordance with clause 12, Parental Leave), but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

13.8 Payment in Lieu of Long Service Leave

(a) Diocese of Broken Bay

(i) Where a teacher has an entitlement to long service leave and takes leave in accordance with the NSW Long Service Leave Act (that is, at least for a month) the teacher and the employer may agree that, in addition to payment for the long service leave taken, the teacher may be paid an amount in lieu of any additional long service leave accumulated by the teacher.

(ii) If payment is elected to be taken in lieu of long service leave the amount the employer will pay in lieu of long service leave will be limited to the amount taken in actual leave.

(iii) Any payment arising from the conditions applicable in this subclause will be paid by the employer upon the commencement of the teacher’s long service leave.

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

(b) Diocese of Parramatta

See the relevant Enterprise Agreement

See the relevant Enterprise Agreement.

13.9 Long Service Leave and Leave Without Pay

Where a teacher takes long service leave for an entire school term and the teacher wishes to take the following school term as leave without pay, the employer will ordinarily consent to such arrangement where the teacher has had five years continuous service with that employer. However such leave without pay will ordinarily be approved for terms in the same year.

13.10 Long Service Leave in Short Blocks

(a) The Diocese of Broken Bay may permit a teacher to take long service leave in blocks of less than a full term; provided that:

(i) the teacher has eligible service of at least five years;

(ii) the application is approved by the principal having regards to the educational needs of the students, critical times of the school year and the personal circumstances of the teacher;

(iii) the minimum period of leave to be taken in any one application is two weeks;

(iv) the period of leave is taken within a single term; and

(v) the leave may not be taken during the first four weeks of first term.

(b) Diocese of Parramatta

See the relevant Enterprise Agreement.

14. Other Leave

14.1 Bereavement Leave

(a) A teacher shall on the death 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 school days. A teacher may be required to provide the employer with satisfactory evidence of such death.

(b) Where a teacher takes bereavement leave in accordance with paragraph (a) of this subclause an employer, in their absolute discretion, may grant the teacher additional leave as leave without pay or leave with pay.

(c) Where a teacher requests leave to attend a funeral of a person not specified in paragraph (a) the employer in their absolute discretion may grant the teacher leave as leave without pay or bereavement leave with pay.

(d) Where an employer grants a teacher leave with pay in accordance with paragraphs (b) or (c) of this subclause, such leave will be deducted from the teacher’s entitlement to sick leave in accordance with clause 10, Sick Leave.

(e) 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 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.

(f) Bereavement Leave may be taken in conjunction with other leave available under subclause 11.4 of Clause 11, Catholic Personal/Carer’s Leave. In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operational requirements of the business.

(g) Bereavement Entitlement for Casual Teachers

(i) Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person 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 their intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

(ii) 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.

(iii) 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.

14.2 Military Reserve Leave

Military Reserve Leave - A teacher who is a member of the Australian Military Reserve or other Australian military forces shall be granted unpaid leave for the purpose of attending any compulsory camp or posting.

14.3 Examination Study Leave

Any teacher who, for the purpose of furthering teacher training, enrols in any course at a recognised higher education institution, shall be granted leave:

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

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

14.4 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.

14.5 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.

14.6 Overseas Volunteer Programs

(a) A full-time or part-time teacher shall be entitled to leave without pay to work in a recognised overseas volunteer program in accordance with this sub-clause. Such leave shall normally be granted for one year but may be granted for up to two years if required by the relevant volunteer program and agreed by the employer.

(b) A teacher is eligible for leave after completion of five years continuous service with the employer. An application for leave shall be accompanied by evidence of approval to work in the scheme and the proposed period of leave.

15. Termination

15.1 Period of Notice

The employment of any teacher (other than a casual teacher) shall not be terminated without at least four 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 school term during which it is given and shall expire either:

(a) at the end of the said school term; or

(b) at least two weeks before the end of the said school term.

15.2 Summary Dismissal

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

15.3 Payment on Termination

A full-time, part-time or temporary teacher shall be entitled on termination of employment to a payment calculated in accordance with this clause which will apply:

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

(b) notwithstanding any other provisions in this award.

15.4 Calculation of Payments

(a) A payment made pursuant to this clause to a teacher whose teaching hours have remained constant during the school year in which the termination is effective shall be calculated in accordance with the following formula:

Step 1	A x B	=	D
	C

Step 2	D - E	=	F

Step 3	F x G	=	H
	2

where:

A = The number of term weeks worked by the teacher since the school service date

B = The number of non-term weeks in the school year

C = The number of term weeks in the school year

D = Result in weeks

E = The number of non-term weeks worked by the teacher since the school service date

F = Result in weeks

G = Teachers current fortnightly salary

H = Amount Due

(b) A payment made pursuant to this clause to a teacher whose teaching hours have varied during the course of the school year in which the termination is effective shall be calculated in accordance with the following formula:

Step 1	A - B	=	C

Step 2	C x D	=	F
	E

Step 3	F - B	=	G

where:

A = Total salary paid to the teacher since the school service date

B = Salary paid to the teacher in respect of non-terms weeks since the school service date

C = Salary paid to the teacher in respect of term weeks since the school service date

D = The total number of non-term weeks in the school year

E = The total number of term weeks in the school year

F = Result in dollars

G = Amount Due

15.5 Statement of Service

Refer to sub-clauses 3.7 and 3.8 of clause 3, Terms of Engagement.

16. Occupational Superannuation (Contribution by Employer)

16.1 Definitions - For the purposes of this clause:

(a) "Basic earnings" shall mean:

(i) the minimum annual rate of salary prescribed from time to time for the employee by subclauses 4.1 and 4.7 of clause 4, Salary; and

(ii) the amount of any allowance which is prescribed from time to time for the employee by subclauses 4.2 of the clause 4 Salary and clause 5, Promotion Positions of this award; and

(iii) the amount of any payment made to the employee pursuant to clause 7 Annual Adjustment of Salary or clause 15 Termination.

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

(d) "Fund" means:

(i) the New South Wales Non-Government Schools Superannuation Fund and the Catholic Superannuation and Retirement Fund; and

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

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

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

16.3 Benefits

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

(b) Subject to paragraph (f) of this subclause, contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements prescribed by the relevant fund or as trustees of the fund may reasonably determine.

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

(d) Contributions shall commence to be paid:

(i) in the case of an employee who was employed at 1 July 1988, from the beginning of the first pay period commencing on or after 1 July 1988; and

(ii) in the case of an employee employed after 1 July 1988, from the beginning of the first pay period commencing on or after the employee’s date of engagement.

Provided that if the employee had not applied to join a fund within six weeks of 1 July 1988 (in the case of an employee employed at 1 July 1988), or within six weeks of the employee’s date of engagement (in the case of an employee who is employed after 1 July 1988), the employer shall commence to pay contributions from the beginning of the next pay period commencing on or after the date on which the employee applies to join a fund.

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

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

(i) casual employees who earn in excess of $2,820.00 during their employment with that employer in the course of any year, running from 1 July to the following 30 June (all such casual employees are hereinafter called "qualified employees"); and

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

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

(g) An employer shall not be required to make contributions pursuant to this clause in respect of employees aged 75 years or older; or 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.

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

(i) When a new employee commences in employment, the employer shall advise the employee in writing of the employee’s entitlements under this award within two weeks of the date of commencement of employment and also of the provisions of paragraph (d) of this subclause in the case of a full-time employee and paragraph (f) of this subclause in the case of a casual employee.

16.4 Transfers between Funds - If an employee is eligible to belong to more than one fund, the employee shall be entitled to notify the employer that the employee wishes the employer to pay contributions in respect of the employee to a new fund, but shall not be entitled to do so within three years after the notification made by the employee pursuant to paragraph (e) of subclause 16.3 of this clause or within three years after the last notification made by the employee pursuant to this clause. The employer shall only be obliged to make such contributions to the new fund where the employer has been advised in writing:

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

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

17. Anti-Discrimination

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

(b) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in this award the parties have obligations to ensure that the operation of the provision 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 of operation, has a direct or indirect discriminatory effect.

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

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

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

legislation;

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

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

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

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

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

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

18. Fair Procedures for Investigating Allegations of Reportable Conduct and Exempt Allegations Pursuant to the Ombudsman Act 1974

18.1 Definitions

For the purpose of this clause:

"Child" means a person under the age of 18 years.

"Reportable Conduct" as defined in the Ombudsman Act 1974 means:

(a) Any sexual offence, or sexual misconduct, committed against, with or in the presence of a child (including a child pornography offence), or

(b) Any assault, ill treatment or neglect of a child, or

whether or not, in any case, with the consent of the child.

"Exempt Allegation" means an allegation to which one or more of the exemptions to reportable conduct pursuant to the Ombudsman Act 1974 applies. These exemptions are:

(a) conduct that is reasonable for the purpose of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards, or

(b) the use of physical force that, in all the circumstances, is trivial and negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures, or

(c) conduct of a class or kind exempted from being reportable conduct by the Ombudsman under section 25CA of the Ombudsman Act 1974.

"Reportable allegation" means an allegation of reportable conduct against an employee or an allegation of misconduct that may involve reportable conduct.

18.2 Natural Justice to employees in dealing with reportable allegations and exempt allegations

An employee, against whom a reportable allegation or an exempt allegation has been made in the course of employment, is to be informed by his or her employer (or the person delegated by his or her employer to do so) of the reportable allegation or exempt allegation made against them and be given:

(a) an opportunity to respond to the reportable allegation or exempt allegation; and

(b) sufficient information to enable them to respond to the matters alleged against him/her. He or she must be given full details unless the Police or other government agency involved in the investigation of the matters alleged against the employee, have otherwise directed the employer not to do so.

Where an interview is required, the employee shall be advised in advance of the general purpose of any interview relevant to the reportable allegation or exempt allegation the names and positions of persons who will be attending the interview; the right to be advised of an entitlement to be accompanied by a person of the employee’s choice (a witness), and sufficient notice of the proposed meeting time to allow such witness to attend. Such witness may be a union representative.

18.3 Access to files

(a) Such employee is to be informed by his or her employer of the location of any files that the employer holds relating to the employee, concerning a reportable allegation or an exempt allegation made against the employee.

(b) The employee may, subject to giving reasonable notice, have the right to inspect such files held by the employer.

(c) The employer may restrict or withhold access to any such file, or part of a file, where the employer has reason to believe that the provision of access would either;

(i) compromise or put at risk the welfare or safety of a child who is the alleged victim or subject of the reportable allegation or exempt allegation, or

(ii) contravene any statutory provision, or guideline or policy directive of an government authority or agency, in relation to the reporting or investigation, including police criminal investigation, of any reportable allegation or exempt allegations, or

(iii) prevent the employer from conducting or completing the investigation or reporting of the details of a reportable allegation or an exempt allegation against an employee, in compliance with any statutory deadline.

18.4 Additional Documentation from Employee

(a) An employee against whom a reportable allegation or an exempt allegation has been made may submit to his or her employer documentation, in response to the matters alleged against him or her.

(b) The employer must place such documentation on the file held by the employer concerning the reportable allegation or exempt allegation made against the employee.

18.5 Confidentiality of documents and files

(a) The employer must implement procedures to safeguard the confidentiality of any file held by the employer concerning any reportable allegation or exempt allegations made against an employee.

19. Suspension

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

20. Disputes Procedure

The objective of these procedures is the avoidance or resolution of industrial disputation, arising under this Award by measures based on consultation, co-operation and negotiation.

20.1 Without prejudice to other party, the parties shall ensure the continuation of work in accordance with this award and custom and practice in the schools of the employer.

20.2 In the event of any matter arising which is of concern or interest, the teacher shall discuss this matter with the Principal or his or her nominee.

20.3 If the matter is not resolved at this level, the teacher may refer this matter to the union representative in the workplace, who will discuss the matter with the Principal or his or her nominee.

20.4 If the matter remains unresolved, it shall be referred to the General Secretary of the union or his or her nominee and the senior official or his or her nominee of the Catholic Education Office (or Catholic Schools Office) of the Diocese for discussion and appropriate action. The senior official may request assistance from the Catholic Commission for Employment Relations.

20.5 If this matter cannot be resolved at this level it may be referred to the Industrial Relations Commission of New South Wales.

20.6 Nothing contained in this procedure shall prevent the General Secretary of the union or his or her nominee or the nominee of the employer from entering into negotiations at any level, either at the request of a member or on his or her own initiative in respect of matters in dispute should such action be considered conducive to achieving resolution of the dispute.

21. No Extra Claims

21.1 Subject to sub-clause 21.3, the union will not make or pursue any extra award claims for improvements in wages or other terms and conditions of employment until 31 December 2011.

21.2 The parties agree that the wage increases provided for in this award are in lieu of any improvements in wages provided for under any decision of the Industrial Relations Commission of New South Wales (including any State Wage Case decision) handed down prior to or during the nominal term of this award and until 31 December 2011 and no claim can be made for such increases.

21.3

(a) The establishment of the classification of Professionally Accomplished Teacher shall be the subject of further discussion between the parties and will be conditional upon the availability of Commonwealth funds.

(b) If the process and circumstances specified in paragraph (a) have occurred but there is no agreement reached on the rate of pay and other matters related to this classification, leave is reserved for either party to apply to the Industrial Relations Commission in relation to this matter.

22. Area Incidence and Duration

22.1 This award replaces and rescinds the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006 published 16 June 2006 (359 I.G. 802).

22.2 It shall apply to all teachers and teacher-librarians employed in any recognised Catholic school or special school registered under the provisions of the Education Act 1990 and operated by the Archdiocese of Sydney or the Diocese of Broken Bay or the Diocese of Parramatta.

Provided further that the award shall not apply to the following persons:

(a) teachers of music or other individual arts who are remunerated on an individual fee basis;

(b) members of a recognised religious order and/or Clerks in Holy Orders, and/or Ministers of Religion; provided that application may be made on behalf of any such member to be included within the scope of this award;

(c) employees within the jurisdiction of the Independent Schools and Colleges, General Staff &c. (State) Industrial Committee and the Kindergartens &c. (State) Industrial Committee.

(d) persons employed in kindergartens, nursery schools or other pre-school centres licensed as child care centres under the Children (Care and Protection) Act 1987.

22.3 This award shall take effect from 1 January 2009 and remain in force until 31 December 2011.

PART B

Table 1 - Wage Rates

Annual Salary
	Effective from	Effective from	Effective from
Step	first pay period on or after	first pay period on or after	first pay period on or after
	1 January 2009	1 January 2010	1 January 2011
	(4.4 %)	(3.8%)	(3.8%)
	$	$	$
1	40,909	42464	44078
2	44,590	46284	48043
3	47,563	49370	51246
4	50,026	51927	53900
5	52,745	54749	56829
6	55,458	57565	59752
7	58,178	60389	62684
8	60,898	63212	65614
9	63,614	66031	68540
10	66,332	68853	71469
11	69,047	71671	74394
12	71,769	74496	77327
13	78,667	81656	84759

Table 2 - Allowances for Positions of Special Responsibility

Clause No.		Annual Allowance
		Effective	Effective	Effective
5.1(a)	Position	from first pay period	from first pay period	from first pay period
		on or after	on or after	on or after
		1 January 2009	1 January 2010	1 January 2011
		(4.4%)	(3.8%)	(3.8%)
		$	$	$
	Senior Teacher 2	6,115	6348	6589
	Co-ordinator 1	6,115	6348	6589
	Co-ordinator 2	12,230	12695	13177
	Co-ordinator 3	18,345	19043	19766

Table 3A - Allowances for Assistant Principal Positions in the Diocese of Broken Bay

	Annual Allowance
Clause	Position	Effective	Effective	Effective
No.		from first pay	from first pay	from first pay
		period on or after	period on or after	period on or after
		1 January 2009	1 January 2010	1 January 2011
		(4.4%)	(3.8%)	(3.8%)
		$	$	$
5.1(b)	Assistant Principal -
	Secondary Enrolment in a
	secondary department at
	previous year’s census date
	201-300	24,090	25006	25956
	301-600	26,608	27619	28668
	601-900	29,125	30232	31381
	901-1200	31,639	32842	34090
	1201+	34,160	35458	36805
	Assistant Principal - Primary
	Enrolment in a Primary
	Department at previous
	year’s census date
	101-250	19,409	20147	20913
	251-400	21,690	22515	23370
	401-600	24,090	25006	25956
	601-800	26,608	27619	28668
	801 +	29,125	30232	31381

Table 3B - Salaries for Assistant Principal Positions for the

Archdiocese of Sydney and the Diocese of Parramatta.

	Annual Salary
Clause	Position	Effective from first	Effective from first	Effective from first
No.		pay period on or	pay period on or	pay period on or
		after 1 January	after 1 January	after 1 January
		2009	2010	2011
		(4.4%)	(3.8%)	(3.8%)
		$	$	$
5.1(b)	Assistant Principal -
	Secondary
	Enrolment in a secondary
	department at previous year’s
	census date
	201-300	102,757	106662	110715
	301-600	105,275	109275	113427
	601-900	107,792	111888	116140
	901-1200	110,306	114498	118849
	1201-1500	112,827	117114	121564
	1500+	116,318	120738	125326
	Assistant Principal - Primary
	Enrolment in a Primary
	Department at previous
	year’s census date
	101-250	98,076	101803	105672
	251-400	100,357	104171	108129
	401-600	102,757	106662	110715
	601-800	105,275	109275	113427
	801 +	107,792	111888	116140

Table 4 - Other Rates

Item	Clause	Brief Description	Effective from	Effective from	Effective from
	No.		first pay	first pay	first pay
			period on or	period on or	period on or
			after 1 January	after 1 January	after 1 January
			2009	2010	2011
			(4.4%)	(3.8%)	(3.8%)
			$	$	$
1	4.2(a)	(i) Full-time Teacher teaching	2,356 per	2,446 per	2,539 per
		classes of children with a	annum	annum	annum
		disability
		(ii) Part-time or Casual Teachers
		teaching classes of children with	11.55 per day	11.99 per day	12.45 per day
		a disability
2	4.2(b)	Principal Teachers of school for	370 per	384 per	399 per
		children with a disability for	annum per	annum per	annum per
		each Teacher supervised	teacher	teacher	teacher
3	4.2(b)	Maximum payment per annum	1,916 per	1,989 per	2,065 per
		under Item 2	annum	annum	annum
4	4.9	Own car allowance where use	0.60 per km	0.60 per km	0.60 per km
		authorised by the school

ANNEXURE A

Teacher Classifications and Teacher Librarians.

1. Teacher Classifications

This Annexure contains more detail concerning qualifications equivalent to those specified for classifications in clause 2. Definitions of this award.

(a) Four Years Trained Teacher includes a teacher with the following equivalent qualifications:

(i) A teacher who has satisfactorily completed a four years’ training course at Sydney Teachers’ College and the New South Wales Conservatorium of Music; or

(ii) A teacher who has satisfactorily completed a four years’ diploma of Art course that incorporates the equivalent of a one year’s full-time course in teacher education at a recognised higher education institution; or

(iii) A teacher, who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution;

(iv) A teacher, who in addition to being a graduate, has completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution;

(v) A teacher, who in addition to being a graduate, is eligible for Associate (Professional) Membership of the Library Association of Australia.

(b) Three Years Trained Teacher includes a teacher with the following equivalent qualifications:

(i) A Two Years Trained Teacher who, in addition, has satisfactorily completed the two semester course of training for teacher-librarians conducted by a recognised higher education institution; or

(ii) A teacher who is a Three Years Conditionally Classified Teacher, who in addition to the qualifications necessary to gain a Three Years Conditionally Classified status, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution; or

(iii) A teacher employed as a teacher-librarian who is eligible for Associate (Professional) Membership of the Library Association of Australia, but is not a graduate.

(iv) A person employed as a teacher-librarian who is eligible for Associate (Professional) Membership of the Library Association of Australia, but who is not a graduate; or

(i) A teacher who is a Two Years Conditionally Classified Teacher who in addition to the qualifications necessary for Two Years Conditionally Classified status, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution; or

(ii) A teacher who was classified as a One Year Trained Teacher prior to the introduction of this award and who in addition to the qualifications necessary for that classification, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution

2. Teacher-Librarians

The role description of a teacher-librarian is as follows:

A Teacher Librarian, where appointed in a school, is a member of the school’s professional staff and is responsible to the principal for:

(a) participating in the teaching of information literacy in the context of the total curriculum and

(b) assisting in the management of the school’s information resources and services to facilitate learning/teaching.

This framework for the role of the Teacher Librarian is necessarily broad and recognises that each role is significantly shaped by local needs and circumstances. It aims to identify the key accountabilities in the role but does not seek to nominate specific strategies for their implementation. It is the responsibility of each Principal to identify and document these for a given school.

The Role Description Which Is Developed At Each School Should:

promote the role of Teacher Librarian within the school

facilitate effective and valid appraisal

assist in establishing a professional development agenda for the Teacher Librarian

Key Accountabilities

Within The School. The Teacher Librarian Is Expected To

show a commitment to the Church’s mission in Catholic education

have a professional involvement in the learning and teaching program of the school by collaborating with teachers in curriculum development, implementation and development

initiate and co-operate in programs to ensure students become discerning users of information to enable them to achieve the learning outcomes specified in the school’s education programs

play a role in the whole schools information technology program

provide experiences to encourage reading, literacy, and information usage

develop, organise and manage information resources which meet the educational, cultural and recreational needs of students and the professional needs of teachers

facilitate access to external sources of information

take responsibility for library management

participate in activities which support the development of the school community

ANNEXURE B

PORTABILITY

Part to be completed by teacher:

Name of Teacher:

Name of former Catholic Employer: __________________________________________________

I, _________________________		was formerly employed by ____________
(Name of teacher)		(Name of former Catholic employer)

as a teacher from ______________ to		________________________
(Date)		(Date)


I commenced as a teacher with ________________________		on _____________________
		(Date)

___________________________		________________________
Signature		Date

Part to be completed by former Catholic Employer:

___________________________		was employed by the employer as a teacher
(Name of teacher)



and ceased work on ________________
(Date)

At that time, untaken sick leave with the employer over the proceeding ______ years of continuous service is as follows:

_________________(Date)

SET OUT RECORD

e.g:

Last year of employment	Sick Days
Year 2 accumulation	Sick Days
Year 3 accumulation	Sick Days
Year 4 accumulation	Sick Days
Year 5 accumulation	Sick Days
Year 6 accumulation	Sick Days

__________________________	_______________________
Employer	Date

M. J. WALTON J , Vice-President

____________________

Printed by the authority of the Industrial Registrar

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