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New South Wales Industrial Relations Commission
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Principals (Country and Regional Dioceses) (State) Award 2009
  
Date07/31/2009
Volume368
Part3
Page No.1092
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C7079
CategoryAward
Award Code 496  
Date Posted07/27/2009

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(496)

(496)

SERIAL C7079

 

Principals (Country and Regional Dioceses) (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

 

1.  Arrangement

 

PART A - CONDITIONS

 

This Award is arranged as follows:

 

1.        Arrangement

2.        Definitions

(a)      Part-Time Principal

(b)      Principal

(c)      Diocese

(d)      Service Date

(e)      Statement of Service

3.        Terms of Engagement

3.1      Letter of Appointment

3.2      Selection and Appointment Procedures

3.3      Part-Time Principal  

3.4      Principal Skill Development

3.5      Employer Direction

3.6      Statement of Service

4.        Salaries and Related Matters

4.1      Minimum Annual Salary

4.2      Payment of Salary

4.3      Travelling Expenses

4.4      Overpayment

4.5      Annual Remuneration

5.        Annual Adjustment of Salary

5.1      In Lieu of the Annual Holidays Act, 1944

5.2      Application of this Clause

5.3      Calculation of Payments

5.4      Principals Who Commence Employment after the School Service Date

5.5      Principals Who Take Approved Leave Without Pay or Parental Leave

5.6      Payment not Less than under Annual Holidays Act, 1944.

6.        Annual Holiday Loading

7.        Sick Leave

7.1      Entitlement

7.2      Accumulation

7.3      Evidence of Sickness

7.4      Portability

7.5      Income Maintenance for Principals on Workers Compensation

8.        Catholic Personal/Carer's Leave

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

8.2      Use of Sick Leave for a Pressing Domestic Necessity

8.3      Notification of Intention to Take Leave

8.4      Unpaid Leave for Family Purpose

8.5      Entitlement for Casual Principals

9.        Parental Leave

9.1      Maternity Leave

9.2      Adoption Leave

9.3      Paternity Leave

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

9.5      Casual Principals

9.6      Right to Request

9.7      Communication During Parental Leave

10.      Long Service Leave

10.1    Applicability of Long Service Leave Act, 1955

10.2    Accrual of Long Service Leave from 30 January 2006

10.3    Calculation of Accrual as at 29 January 2006

10.4    Entitlement to Long Service Leave and Payment on Termination

10.5    Conditions of Taking Leave

10.6    Public Holidays and Long Service Leave

10.7    Service

10.8    Payment in Lieu of Long Service Leave

10.9    Long Service Leave and Leave Without Pay

10.9    Long Service Leave in Short Blocks

11.      Other Leave

11.1    Bereavement Leave

11.2    Military Reserve Leave

11.3    Examination Study Leave

11.4    Jury Service

11.5    Short Community Service

11.6    Overseas Volunteer Programs

12.      Continuity of Service

13.      Termination

13.1    Period of Notice

13.2    Summary Dismissal

13.3    Payment on Termination

13.4    Calculation of Payments

13.5    Statement of Service

14.      Anti-Discrimination

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

15.1    Definitions

15.2    Natural Justice to Employees in Dealing with Reportable Allegations and Exempt Allegations.

15.3    Access to Files

15.4    Additional Documentation from Employee

15.5    Confidentiality of Documents and Files

16.      Disputes Procedure

17.      No Extra Claims

 

18.      Superannuation

19.      Area, Incidence And Duration

 

PART B - MONETARY RATES

Table 1 - Wage Rates

Table 1A - Wage Rates - Principals of Small Primary Schools in the Diocese of Wagga Wagga

Table 2 - Other Rates of Pay and Allowances

 

ANNEXURE A - PORTABILITY

ANNEXURE B - DIOCESE OF LISMORE

 

2.  Definitions

 

For the purpose of this award:

 

(a)      "Part-Time Principal" shall mean a principal who is employed to work regularly, but for less than a full school week.

 

(b)      "Principal" means a person appointed as such in a Catholic Systemic School conducted by a Diocese.

 

(b)      "Diocese" means one of the Dioceses of Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga, Wilcannia-Forbes or Wollongong as appropriate.

 

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

 

(d)      "Statement of Service" means a statement from an employer on official letterhead that contains a start date, termination date and whether any leave without pay was taken.

 

3.  Terms of Engagement

 

3.1      Letter of Appointment

 

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

 

3.2      Selection and Appointment Procedures

 

Normally the position of Principal (except where the position is filled temporarily by the Assistant Principal) 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      Part-Time Principal

 

(a)      The terms of this award shall apply pro rata to a part-time principal on the basis of the principal’s full-time equivalent (FTE).

 

(b)      For the purpose of this subclause, FTE is defined as the proportion which the number of days, or part thereof, worked by a part-time principal bears to the number of days a full-time principal is required to work per week.

 

3.4      Principal Skill Development

 

(a)      Support for Beginning Principals - A principal in his or her first year as a principal shall be afforded Diocesan support in adjusting to the new role and demands of principalship. The principal will participate in such procedures as are afforded.

 

This process shall be determined by the employer in consultation with the principal to assist the principal's professional development in that role which shall be reviewed regularly throughout the year.

 

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

 

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

 

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

 

3.5      Employer Direction

 

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

 

3.6      Statement of Service

 

Upon the termination of service of a principal, the employer shall provide a statement of service.

 

4.  Salaries and Related Matters

 

4.1      Minimum Annual Salary

 

(a)      The minimum annual salary payable to principals shall be set out in Table 1 -

 

Principals Salary Schedule of Part B - Monetary Rates provided that the rates shown for principals of primary schools with enrolment bands of 1-100 shall only apply to principals in the Dioceses of Bathurst, Lismore and Wilcannia-Forbes.  Table 1A - Principals of Small Primary Schools Diocese of Wagga Wagga shall apply to Principals of such schools with enrolments of 100 children or less.  Fortnightly salaries shall be ascertained by dividing the annual salaries by 365/14 with the answer rounded to two decimal points.

 

(b)      This paragraph applies in circumstances where the enrolment at a school varies, such that the Principal is in a different enrolment band for the purpose of salary payable pursuant to paragraph (a) of this sub-clause and Table 1 - Salaries of Part B - Monetary Rates.

 

If the enrolment of a school at the August census date increases such that a different enrolment band is applicable, then the salary of the Principal shall increase from the beginning of the following school year.

 

If the enrolment of a school increases at the February census date such that a different enrolment band is applicable and such increase is maintained in the August census date, then the salary of the Principal shall be increased from the beginning of that school year.

 

If the enrolment of a school decreases at a census date such that a lower enrolment band is applicable, the salary of the Principal shall be nevertheless maintained at the higher band until the end of the current contract of the Principal.  Where the contract of the Principal is subsequently renewed at the same school, the salary of the Principal for the subsequent contract shall be determined in accordance with the documented diocesan policy (such salary being not less than the applicable salary pursuant to paragraph (a) of this sub-clause).

 

4.2      Payment of Salary

 

(a)      The salary payable to a principal, pursuant to this clause shall, be paid fortnightly.

 

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

 

4.3      Travelling Expenses

 

(a)      Where a principal is required to provide transport in connection with the principal's employment, other than for journeys between home and place of employment, the principal shall be paid the allowance per kilometre of travel as set out in Table 2 - Other rates of Pay and Allowances, of "Part B - Monetary Rates".  In the case of the Diocese of Lismore refer to Annexure B of this award.  Provided that in relation to the Dioceses of Armidale, Bathurst, Wagga Wagga and Wilcannia-Forbes the applicable allowance per kilometre of travel shall be that which applies to teachers in the particular Diocese.

 

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

 

4.4      Overpayment

 

Where an employer becomes aware that payments have been made over or under entitlements the principal 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.

 

4.5      Annual Remuneration

 

(a)      Notwithstanding subclause 4.1 of this clause, a principal 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 any employer administrative charge will equal the appropriate salary prescribed in the said subclause 4.1.

 

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

 

(c)      Any other payment calculated by reference to the principal’s salary and payable either:

 

(i)       during employment; or

 

(ii)       on termination of employment; or

 

(iii)      on death

 

shall be at the rate of pay as set out in the relevant table.

 

5.  Annual Adjustment of Salary

 

5.1      In Lieu of the Annual Holidays Act, 1944

 

This clause will apply:

 

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

 

(b)      notwithstanding any other provisions of this award.

 

5.2      Application of this Clause

 

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

 

(a)      a principal commences employment after the school service date; or

 

(b)      a principal takes approved leave without pay or unpaid parental leave for a period which (in total) exceeds 20 pupil days in any year.

 

5.3      Calculation of Payments

 

A payment made pursuant to this clause 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 principal 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 principal since the  school service date

 

F  =  Result in weeks

 

G  =  The principal’s current fortnightly salary

 

H  =  Amount Due

 

5.4      Principals Who Commence Employment after the School Service Date

 

(a)      A principal who commences employment after the school service date shall be paid from the date the principal commences provided that, at the end of Term IV, the principal shall be paid an amount calculated pursuant to sub-clause 5.3 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 principal for the purposes of this clause shall be deemed to be the school service date.

 

5.5      Principals Who Take Approved Leave Without Pay or Parental Leave

 

Where a principal 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 principal 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 principal 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 principal shall be paid at the conclusion of Term IV as follows:

 

(i)       by applying the formula in sub-clause 5.3 as if no payment had been made to the principal at the commencement of leave;

 

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

 

5.6      Payment not Less than under Annual Holidays Act, 1944

 

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

 

6.  Annual Holiday Loading

 

6.1      Subject to sub-clause 6.6 of this clause, where a principal is given and takes his or her annual holiday commencing at the beginning of the school summer vacation each year he or she shall be paid an annual holiday loading calculated in accordance with this clause.

 

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

 

6.3      The loading shall be calculated:

 

In relation to such period of a principal's annual holiday as is equal to the period of annual holiday to which the principal is entitled for the time being under the Annual Holidays Act 1944,

 

(a)      at the end of each year of his or her employment or, where relevant,

 

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

 

6.4      The loading shall be the amount payable for the period specified in subclause 6.3 or 6.6 of this clause at the rate of 17½ per cent of the weekly equivalent of the principal's annual salary.

 

6.5      For the purposes of this clause, "salary" shall mean the salary payable to the principal at 1 December of the year in which the loading is payable.

 

Provided that, where subclause 6.6 of this clause applies, "salary" shall mean the salary payable immediately prior to the payment made to the principal pursuant to clause 5 Annual Adjustment of Salary or Clause 14 Termination.

 

6.6      Where a principal receives a payment pursuant to subclause 5.3 or Clause 14 Termination of this award, including the case where a principal's employment is terminated during the school year for a reason other than misconduct, he or she shall be entitled to be paid for that part of such fraction of the annual holiday loading he or she would be entitled to for the full school year as is equal to the fraction which the number of school weeks worked by him or her in that year bears to the number of school weeks he or she would be normally required by the employer to work in a full school year.

 

7.        SICK LEAVE

 

7.1      Entitlement

 

Any full-time principal shall be entitled to paid sick leave in respect of any absence on account of illness or injury and 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 7.2 of this clause, not exceed in any year of service 25 working days on full pay.

 

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

 

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

 

(d)      The sick leave entitlement of a part‑time principal shall be in that proportion which the number of days, or part thereof, worked by a part-time principal bear to the number of days a full-time principal is required to work per week.

 

7.2      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 principal shall only be entitled to the sick leave accumulated in respect of the 6 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 principal at the commencement of a year of service pursuant to subclause 7.1 of this clause shall be taken prior to the taking of any sick leave which the principal has accumulated in accordance with this subclause.

 

7.3      Evidence of Sickness

 

(a)      In each year, with the exception of the first two days absence due to illness, a principal 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 principal has taken frequent single days of sick leave, or taken extended sick leave such that the employer requires additional information in relation to the principal's sickness, then the employer may take action in accordance with this subclause.

 

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

 

(ii)       After consideration of the principal's response the employer may:

 

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

 

(B)      request the principal to obtain a second opinion from another doctor at the employer's cost; and/or

 

(C)      request a more detailed estimation of the likely length of the absence; and/or

 

(D)     require the principal to obtain a medical report (at the employer's cost) in relation to the likely period of absence; and/or.

 

(E)      discuss with the principal any other action.

 

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

 

(iv)      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.

 

7.4      Portability

 

(a)      A principal who was previously employed with another Catholic Diocesan employer or Catholic Independent School as a full-time, part-time or temporary employee 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 subclauses 7.2 and 7.3 of this clause since 29 January 1996 shall be credited to the principal as his/her accumulated sick leave on their commencement of their employment with or in a Diocese.

 

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

 

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

 

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

 

(d)      For the purposes of this subclause "Catholic Diocesan employer" shall mean the Archdioceses of Sydney and Canberra/Goulburn, 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; and "Catholic Independent School" means an employer respondent to the Teachers (Catholic Independent Schools) (State) Award 2004 published on 18 March 2005 at 349 IG 395 (as varied from time to time) or any award replacing such award.

 

(e)      Notwithstanding paragraphs (a) and (b) of this subclause, the maximum sick leave portable between Catholic Diocesan employers or Catholic Independent Schools shall be 150 days and the sick leave in any one year pursuant to paragraph (a) of subclause 7.1 of this clause shall not exceed 25 days (with one or more employers).

 

7.5      Income Maintenance for Principals on Workers Compensation

 

This sub-clause applies to a principal 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 principal is unfit for work, if the weekly compensation payment received by the principal is less than the award rate of pay applicable to the principal, the principal 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 principal is entitled.  The leave balance of the principal shall be reduced proportionately

 

8.  Catholic Personal/Carer’s Leave

 

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

 

(a)      A principal other than a casual principal, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the principal’s care and support, shall be entitled to use, in any year, in accordance with this subclause, 10 days of current and 30 days of accrued sick leave entitlement provided for at Clause 7 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 principal 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 principal.

 

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

 

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

 

(i)       the principal 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 principal 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 principal shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and principal’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 16 should be followed.

 

8.2      Use of Sick Leave for a Pressing Domestic Necessity

 

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

 

(b)      A principal, other than a casual principal, 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 principal’s service, for any pressing domestic necessity other than to care for or support a person defined in subparagraph 8.1(c)(ii).

 

(c)      Where a principal, other than a casual principal, is not entitled to utilise sick leave credits pursuant to paragraph 8.1(a) he or she may access 10 days current and 30 days accrued sick leave for any pressing domestic necessity where the principal is responsible for the care or support of a person not referred to in subparagraph 8.1(c)(ii).

 

(d)      The yearly entitlement for the purpose of pressing domestic necessity in paragraph 8.2(b) is non-cumulative.

 

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

 

8.3      Notification of Intention to Take Leave

 

In relation to sub-clauses 8.1 and 8.2, wherever practicable, a principal shall give the employer notice prior to the absence of the intention to take leave.  The principal shall also provide the name of the person requiring care, that person’s relationship to the principal, 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 principal to give prior notice of absence, the principal shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

8.4      Unpaid Leave for Family Purpose

 

A principal may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 8.1(c)(ii) or paragraph 8.2(c) who is ill or who requires care due to an unexpected emergency.

 

8.5      Entitlement for Casual Principals

 

(a)      Subject to the requirements in subclause 8.3 and paragraph 8.1(b), casual principals are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 8.1 (c) (ii) or 8.2(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 principal shall agree on the period for which the principal will be entitled to not be available to attend work. In the absence of agreement, the principal is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual principal is not entitled to any payment for the period of non-attendance.

 

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

 

9.  Parental Leave

 

9.1      Maternity Leave

 

(a)      A principal 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 principal would have received, if the principal had not taken maternity leave.  (If the period of maternity leave granted to the principal 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 principal 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 principal 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 principal applies for a lump sum payment in advance under paragraph (c) of this sub-clause, the principal shall give the employer at least one month’s notice of intention.

 

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

 

(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 principal (to which the principal, but for this clause, would have been entitled under clause 7, 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 principal 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 principal for the purpose of clause 5, Annual Adjustment of Salary and clause 13, Termination.

 

 (i)      A principal 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 principal gives birth to a child whilst on unpaid leave (other than maternity leave in relation to the birth of the same child) the principal will be entitled to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996. However, the principal 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 principal 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 principal whose baby is born on or after 1 January 2006 and before 30 January 2006.

 

9.2      Adoption Leave

 

(a)      A principal 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 principal 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.

 

9.3      Paternity Leave

 

(a)      A principal 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 9.3(a), a principal 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 principal’s entitlement to Catholic Personal/Carer's Leave pursuant to clause 8 of this award. 

 

(c)      The principal 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 principal to take leave at a time outside the period specified in this paragraph.  If the principal chooses to agree to the employer’s request, such agreement shall be recorded in writing. Where the principal does not agree, the leave shall be taken in accordance with this paragraph.

 

(d)      The entitlement to paternity leave in paragraphs 9.3(a) and (b) is inclusive of, and not in addition to, the principal’s entitlement to take unpaid paternity leave in accordance with the Industrial Relations Act, 1996.

 

(e)      The principal must, at least 4 weeks before proceeding on leave pursuant to paragraph 9.3(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 9.3(c) above.

 

9.4      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 principal 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 7.4(d) of this award.

 

9.5      Casual Principals

 

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

 

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

 

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

 

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

 

9.6      Right to Request

 

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

 

(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 principal in reconciling work and parental responsibilities.

 

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

 

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

 

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

 

(d)      Request to Return to Work Part-Time

 

Where a principal 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 employee is due to return to work from parental leave.

 

9.7      Communication During Parental Leave

 

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

 

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

 

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

 

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

 

(c)      The principal shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

10.  Long Service Leave

 

10.1    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 principals employed under this award.

 

10.2    Accrual of Leave from 30 January 2006

 

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

 

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

 

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

 

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

 

(b)      A principal 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 days, or part thereof, worked by a part-time principal bear to the number of days a full-time principal is required to work per week. (NB that this formula is the same as that which is utilised in subclause 3.3 of this award).

 

(d)      A principal shall accrue leave in accordance with this subclause together with leave accrued before 30 January 2006 pursuant to subclause 10.3.

 

10.3    Calculation of Accrual as at 29 January 2006

 

(a)      A principal 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.

 

Note: Diocese of Wagga Wagga - Primary Schools

 

Notwithstanding the other provisions of this subclause, in the period from 1 January 1995 until 27 January, 1998 the long service leave entitlement of principals employed in the Diocese of Wagga Wagga was as set out in the Enterprise Agreement Principals Employed by the Catholic Education Office, Diocese of Wagga Wagga (EA 516/94). This Agreement provided for 13 weeks of long service leave in the first 10 years of service and then 2 weeks for each year of service after 10 qualifying 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 principals 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 principal is entitled to as at 29 January 2006:

 

(i) all full-time principals, 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 principals, 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 10.2 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.

 

10.4    Entitlement to Long Service Leave and Payment on Termination

 

(a)      A principal shall be entitled to take long service leave accrued in accordance with subclauses 10.2 and 10.3 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 principal who has completed at least 5 years service with an employer and the service of the principal is terminated or ceases for any reason, such principal shall be paid their accrued long service leave calculated in accordance with subclause 10.2 and subclause 10.3 of this clause.

 

10.5    Conditions of Taking Leave

 

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

 

For example, a principal 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 principal 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 principal works 2.5 days per week (0.5 FTE) at the time they commence leave, the principal would be entitled to take their 90 days of long service leave over 36 weeks.

 

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

 

(c)      A principal 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 principal 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 10.10 (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 principal is entitled to an amount of long service leave which is in excess of a school term the principal may elect not to take that part of the long service leave which is in excess of a term (the deferred leave), until such time as the principal accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

 

10.6    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.

 

10.7    Service

 

The service of a principal with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the principal taking approved leave without pay (including unpaid leave in accordance with clause 9, Parental Leave), but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

 

10.8    Payment in Lieu of Long Service Leave

 

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

 

(b)      The maximum payment in lieu of long service leave in paragraph (a) of this subclause, which can be made by the employer, is a payment equivalent to five weeks’ salary in lieu of the long service leave.

 

(c)      Any payment in paragraph (b) of this subclause will be paid by the employer upon the commencement of the principal’s long service leave.

 

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

 

10.9    Long Service Leave and Leave Without Pay

 

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

 

10.10   Long Service Leave in Short Blocks

 

An employer may permit a principal to take long service leave in short blocks (of less than a full term) provided that

 

(a)      professional obligations are taken into account

 

(b)      the minimum period of leave is four weeks

 

(c)      the leave is not taken during the first term

 

(d)      the leave is granted for one period only within a given school year

 

(e)      the period of leave is taken within a single term

 

11.  Other Leave

 

11.1    Bereavement Leave

 

(a)      A principal shall, on the death of a spouse, father, mother, father-in-law, mother-in-law, grandparent, brother, sister, child, stepchild or grandchild of the principal be entitled to paid leave up to and including the day of the funeral of such relative. Such leave shall not exceed three school days. A principal may be required to provide the employer with satisfactory evidence of such death.

 

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

 

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

 

(d)      Where an employer grants a principal leave with pay in accordance with paragraphs (b) or (c), such leave will be deducted from the principal's entitlement to sick leave in accordance with clause 7, Sick Leave.

 

(e)      Bereavement Leave shall be available to the principal in respect to the death of a person in relation to whom the principal could have utilised Personal/Carer’s Leave in clause 8, provided that for the purpose of Bereavement Leave, the principal 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 8.4 of Clause 8, Catholic Personal/ Carer’s Leave or equivalent. In determining such a request the employer will give consideration to the circumstances of the principal and the reasonable operational requirements of the business.

 

(g)      Bereavement Entitlement for Casual Principals

 

(i)       Casual principals 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 principal could have utilised Catholic Personal/ Carer’s Leave in sub-clause 8.5, provided that for the purpose of this bereavement entitlement, the casual principal need not have been responsible for the care of the person concerned. A casual principal must notify the employer as soon as practicable of the intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

 

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

 

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

 

11.2    Military Reserve Leave

 

A principal who is a member of the Australian Military Reserve or other Australian military forces shall be granted leave without pay for the purpose of attending any compulsory camp or posting.

 

11.3    Examination Study Leave

 

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

 

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

 

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

 

11.4    Jury Service

 

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

 

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

 

11.5    Short Community Service

 

Where a principal’s involvement in a community service activity has been approved by the employer after consideration of the needs of the school, a principal 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.

 

11.6    Overseas Volunteer Programs

 

(a)      A principal 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 principal 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.

 

(c)      Such leave without pay shall not count as service with the employer for the purpose of long service leave. 

 

12.  Continuity of Service

 

The service of a principal with an employer shall be deemed to be continuous for all purposes, notwithstanding that part of the period of service with the employer was as a teacher, principal, consultant, or in a similar position, and part as a principal.

 

13.  Termination

 

13.1    Period of Notice

 

The employment of any principal shall not be terminated without at least ten school term weeks notice on either side, or the payment of, or forfeiture of, ten weeks’ salary in lieu of notice.  Provided that such ten 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.

 

13.2    Summary Dismissal

 

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

 

13.3    Payment on Termination

 

A full-time principal 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.

 

13.4    Calculation of Payments

 

A payment made pursuant to this clause 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 principal 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 principal since the school service date

 

F  =  Result in weeks

 

G  =  The principal’s current fortnightly salary

 

H  =  Amount Due

 

13.5    Statement of Service

 

Refer to sub-clause 3.6 of Clause 3 Terms of Engagement.

 

14.  Anti-Discrimination

 

(a)      It is the intention of the parties bound by this award to seek to achieve the object in Section3(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."

 

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

 

15.1    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

 

(c)      any behaviour that causes psychological harm to a child,

 

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.

 

15.2    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.

 

15.3    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.

 

15.4    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.

 

15.5    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.

 

16.  Disputes Procedure

 

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

 

16.1    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.

 

16.2    The principal shall discuss the matter with the Director or his/her nominee.

 

16.3    If the matter is not resolved, the principal may take this matter to the union who will discuss the matter with the Director or his/her nominee.

 

16.4    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 relevant Diocese for discussion and appropriate action.  The senior official may request assistance from the Catholic Commission for Employment Relations.

 

16.5    If this matter cannot be resolved at this level it may be referred to the Industrial Relations Commission.

 

16.6    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.

 

17.  No Extra Claims

 

17.1    Subject to subclause 17.3, it is a term of this award that 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.

 

17.2    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.

 

17.3    (a) Mechanisms to reward principals identified as having reached a high performance standard shall be the subject of further discussion between the parties if Commonwealth funds are available for this purpose.

 

(b) If the process and circumstances specified in paragraph (a) have occurred but there is no agreement reached on the mechanism to reward high performance, leave is reserved for     either party to apply to the Industrial Relations Commission in relation to this matter.

 

18.  Superannuation

 

18.1    The subject of the superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

18.2    Subject to the requirements of the legislation set out in subclause 18.1, superannuation contributions may be made to:

 

(a)      Non Government Schools Superannuation Fund and the Catholic Superannuation and Retirement Fund; or

 

(b)      any other complying fund approved by the employer.

 

18.3    Notwithstanding the requirements pursuant to the legislation set out in subclause 18.1 of this clause, the employer shall make superannuation contributions on behalf of the principal in relation to payments made pursuant to subclause 4.1, clause 5 and subclause 13.3 of this award, at the rate of nine per cent.

 

18.4    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.

 

19.  Area, Incidence and Duration

 

19.1    This award rescinds and replaces the Principals (Country and Regional Dioceses) (State) Award 2006 published 16 June 2006 (359 I.G. 663) as varied.

 

19.2    It shall apply to all principals employed in any recognised Catholic school or special school registered under the provisions of the Education Act 1990 and operated by one of the Dioceses of Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga, Wilcannia-Forbes or Wollongong and the principal of Catholic High School, Griffith.

 

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

 

PART B - MONETARY RATES

 

Table 1 - Wage Rates

 

Principals - Salary Schedule

 

Enrolment date

Gross Salary

Gross Salary

Gross Salary

previous year’s

per annum from the first

per annum from the first

per annum from the first

census date

full pay period on or

full pay period on or

full pay period on or

 

after

after

after

 

1 January 2009

1 January 2010

1 January 2011

 

$

$

$

 

(4.4%)

(3.8%)

(3.8%)

Primary

 

 

 

0-100*

106,024

110,053

114,235

101-250

113,127

117,426

121,888

251-400

117,123

121,574

126,194

401-600

122,312

126,960

131,784

601-800

126,996

131,822

136,831

801+

133,978

139,069

144,354

Secondary

 

 

 

1-300

122,599

127,258

132,094

301-600

130,062

135,004

140,134

601-900

137,210

142,424

147,836

901-1200

140,855

146,207

151,763

1201+

146,730

152,306

158,094

Central

 

 

 

1-300

120,862

125,455

130,222

301-600

128,218

133,090

138,147

601-900

135,265

140,405

145,740

901-1200

138,860

144,137

149,614

1201+

144,651

150,148

155,854

 

Notes:

 

* This enrolment band applies in the Dioceses of Bathurst, Lismore and Wilcannia Forbes only; in the case of principals employed in schools within enrolment below 100 in the Diocese of Wagga Wagga see Table 1A below.

 

Table 1A - Wage Rates

 

Principals of Small Primary Schools

 

Diocese of Wagga Wagga

 

Enrolment

Gross Salary

Gross Salary

Gross Salary

 

per annum from the first

per annum from the first

per annum from the first

 

full pay period on or

full pay period on or

full pay period on or

 

after

after

after

 

1 January 2009

1 January 2010

1 January 2011

 

$

$

$

 

(4.4%)

(3.8%)

(3.8%)

0-50

103,460

107,391

111,472

51-100

107,599

111,688

115,932

 

Table 2 - Other Rates of Pay and Allowances

 

Clause

Description

Allowance

from the first full pay period on or after

1 January 2009

 

4.3

Own Car Allowance

60 cents per kilometre

 

ANNEXURE A

 

PORTABILITY

 

Part to be completed by principal:

 

Name of Principal:

 

Name of Former Catholic Diocesan Employer: _______________________

 

I,

 

was formerly employed by

 

as a

(Name of Principal)

 

(Name of former Catholic Diocese)

 

 

 

_______________________________________________________________

(teacher/principal)

 

from ________ to _________

I commenced as a

 

with the Diocese on

(date)

(date)

 

(teacher/principal)

 

 

 

 

 

 

(Date)

(date)

 

 

 

 

 

 

 

 

 

Signature

 

 

Date

 

 

Part to be completed by former Catholic Diocesan Employer:

 

 

was employed by the Diocese as a

 

and ceased

(Name of principal)

 

(teacher/principal)

 

 

 

 

work on

 

 

 

Date

 

 

__________

 

 

(date)

At that time, untaken sick leave with our Diocese over the proceeding

 

 

___________

years of continuous service is as follows:

(date)

 

 

SET OUT RECORD

 

e.g. Last year of employment

 

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

 

_____________________________________

______________________

Diocesan Officer

Date

ANNEXURE B

 

DIOCESE OF LISMORE

 

The provisions of this Annexure shall apply and relate only to the Diocese of Lismore

 

CONTENTS

 

1.        Philosophical Statement

 

2.        Travelling Expenses

 

3         Study Leave  

 

4.        Flexibility in School Day

 

1.        Philosophical Statement

 

The central tenet of Diocesan practice is the recognition of the importance of the Parish.  Local faith communities generally mediate the Church to most people.

 

Therefore Diocesan Policy encourages Parish ownership of and responsibility for pastoral endeavours.  This especially applies to the schools of the Diocese.  The role of the Diocesan Education Board and the Director of Catholic Schools is to enable and support the local school in achieving it objectives in partnership with Parish authorities, in particular the clergy.

 

The Lismore Diocesan Schools System is unique in New South Wales and probably throughout Australia in its emphasis on the principle of subsidiarity and the decentralisation of decision making.

 

2.        Travelling Expenses

 

Where the use of an employee’s own vehicle is required in connection with employment, other than for journeys between home and place of employment, the principal shall be paid an allowance of 44c per kilometre.

 

3.        Study Leave

 

In the Diocese of Lismore the following Clause will apply in addition to the provisions of Clause 11.3(b) of the Award.

 

A Principal who is undertaking a course of study relevant to the teaching profession shall be entitled to three days paid leave per year to attend compulsory residential schools associated with the course.  The teacher must make application supported by documentation to the Principal.

 

4.        Flexibility in School Day

 

4.1      The parties are committed to the principle of flexibility in the timing and length of the school day to meet changing curriculum requirements and student needs.

 

4.2      A process of consultation and communication with teachers, parents and students should be carried out before change is introduced.

 

 

 

M. J. WALTON J , Vice-President

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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