Advisers
(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.
(Nos. 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:
Clause No. Subject Matter
PART A - CONDITIONS
1. Arrangement
2. Definitions
3. Terms of
Engagement
4. Salaries and
Related Matters
5. Annual Adjustment
of Salary
6. Annual Holiday
Loading
7. Union Members and
Representatives
8. Sick Leave
9. Catholic
Personal/Carer's Leave
10. Parental Leave
11. Long Service Leave
12. Other Leave
13. Termination
14. Occupational
Superannuation (Contribution By Employer)
15. Anti-Discrimination
16. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974.
17. Suspension
18. Disputes
Procedures
19. No Extra Claims
20. Area, Incidence
and Duration
PART B - MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates of Pay and Allowances
Annexure A - Teacher Classifications
Annexure B - Portability
2. Definitions
For the purpose of this Award:
(a) "Adviser"
means a person employed by an employer to advise with respect to a particular
area of specialist educational endeavour requiring knowledge and expertise in
an area of school curriculum which may be linked to a programme nominated by
the Commonwealth Schools Commission (or any successor to that body) and funded
by the Commonwealth Government, including areas such as Subject Specific,
Specific Purpose Funded Programmes and Special Education. A reference to an
Adviser includes a teacher seconded to such a position.
(b) "Full-time
Adviser" means any Adviser other than a part time one and includes an
Adviser appointed for a period of fixed duration.
(c) "Part-Time
Adviser" means an Adviser who is engaged to work regularly, but for less
than a full week and not more than 0.8 of the normal hours which a full-time
Adviser is required to work. A part-time Adviser 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 Adviser 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 the
Adviser is not required to work) shall be included.
(d) "Graduate"
means an Adviser who holds a degree from a recognised higher education
institution.
(e) "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 Adviser 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.
(f) "Recognised
School" means a school registered under the provisions of the Education
Act 1990 or any registered special school within the meaning of that Act or
school for the disabled.
(g) "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.
(h) "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.
(i) "Graduate
Diploma" means a course of study at a recognised higher education
institution of at least one year full-time duration or its part-time
equivalent.
(j) "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 (e)
above).
(k) "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 (e)
above).
(l) "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 (e)
above).
(m) "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 degree or doctorate degree from a recognised higher education
institution; or
(iii) A teacher who
has obtained other equivalent qualifications.
(n) "Conditionally
Classified Four Years Trained Teacher" means a teacher who is a graduate
other than a graduate to whom subclause (l) of this clause applies.
(o) "Union"
means the New South Wales Independent Education Union.
(p) "Service
Date" means the usual commencement date of employment at a school of the
employer for teachers who are to commence teaching on the first day of the
first term
3. Terms of
Engagement
3.1 Letters of
Appointment
The employer shall provide an Adviser on appointment or
secondment with a letter stating, inter alia, the classification and rate of
salary payable at the date of appointment, the period of appointment or
secondment as an Adviser, the normal duties that will be required, the place of
employment, the person to whom such Adviser shall in the first instance be
responsible for the performance of his or her duties, superannuation benefits
available and conditions of secondment, if applicable.
3.2 Selection and
Appointment Procedures.
Normally, Adviser 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 Meal Breaks
There shall be a meal break of at least thirty minutes.
3.4 Adviser Skill
Development
(a) An Adviser may
request and be given from time to time by the employer appropriate
documentation as evidence of the Adviser's professional development and
experience.
(b) Where the
employer considers that a problem exists in relation to the Adviser'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 An employer may
direct an Adviser to carry out such duties as are within the limits of the
Adviser's skill, competence and/or training.
3.6 Upon the
termination of service of an Adviser, the employer shall provide a statement of
service setting out the length of service, responsibilities of the Adviser,
level of responsibility attained and any special or additional duties performed
by such Adviser.
4. Salaries and
Related Matters
4.1 Salaries Payable
(a) The minimum
annual rate of salary payable to full-time Advisers shall be composed of the
appropriate rate as set out in Table 1 of Part B, Monetary Rates, as determined
by this subclause and the appropriate allowance as set out in Table 2 of Part
B, Monetary Rates, as determined by subclause 4.2. Fortnightly salaries and allowances 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.
(c) Four Years
Trained
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 Four Years Trained
A Conditionally Classified Four Years Trained 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.
(g) 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 In addition to
the salaries payable pursuant to subclause 4.1, full-time Advisers shall be
paid an allowance as set out in Item 1 of Table 2 of Part B as follows:
(a) An Adviser
shall, upon appointment, receive the allowance payable for the first step,
provided that where an Adviser, prior to appointment received a salary which
was greater than the total salary which would be payable to such an Adviser if
he or she were on the first step, then he or she shall receive the allowance
payable for Step 2.
(b) After two years
satisfactory performance on Step 1, an Adviser shall proceed to Step 2; and
(c) After two years
satisfactory performance on Step 2, an Adviser shall proceed to Step 3.
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, or
as an employee with a Catholic Education Office performing work similar to that
of an Adviser shall count as follows:
(i) Any employment
as a full-time teacher (including employment as a temporary full-time teacher)
or as a full-time Adviser, shall be counted as service;
(ii) The amount of
service of a part-time teacher (including a temporary part-time teacher) or as
a part-time Adviser shall be calculated in proportion to the full-time teaching
load of a teacher at the school or the hours of work of a full-time Adviser;
(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;
(iv) Any other
employment agreed by the employer and Adviser to be relevant shall be counted
as service as agreed by the employer and Adviser or as determined by the
Industrial Relations Commission.
(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 Adviser
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.
(c) The service of
an Adviser with an employer shall be deemed continuous for all purposes
notwithstanding that part of the period of service with the employer was as a
teacher and part as an Adviser.
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 advising which
is relevant to the position in which the Adviser is employed 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 or Adviser by the employer on the basis of one
increment for each three years of service to a maximum of four increments.
(c) Child-Rearing
An Adviser 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 Adviser 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 paragraph shall apply to Advisers employed or
re-employed after 7 April 1991.
(d) An Adviser shall
not be entitled to more than four increments in total from paragraphs (a), (b)
and (c).
4.5 Process For
Applying for Credit For Service
(a) Upon application
for employment an Adviser 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 an Adviser for recognition of previous teaching service or industry
experience under clauses 4.3 and 4.4 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 an Adviser 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 under clauses 4.3 and 4.4 (including
child-rearing) 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
Adviser 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 an Adviser who has completed a course of training which
makes the Adviser eligible to be so transferred and the further incremental
progression of such Adviser on the salary scale shall be effected in accordance
with this subclause.
(b)
(i) An Adviser
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that the
Adviser 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 Adviser eligible to transfer.
(ii) Where an
application is made under subparagraph (i) of this paragraph which establishes
that an Adviser 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 Adviser 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 conferral of the diploma, degree or equivalent recognition of 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) An Adviser 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 Adviser to the higher salary step coincides with the Adviser's normal
salary incremental date, the increment shall be applied prior to the Adviser
being transferred to the higher step.
(c) An Adviser who
is a Two Years Trained, Three Years Trained or Four Years Trained Teacher and
who completes a course of training which entitles the Adviser to be classified
as a Three Years Trained, Four Years Trained or Five Years Trained Teacher, as
the case may be, shall progress to the step on the salary scale which shall be
determined by the Adviser's years of service on the lower classification and
the Adviser's new qualifications and the Adviser shall retain his or her normal
incremental salary date.
(d) An Adviser who
is a Conditionally Classified Four Years Trained, and who completes a course of
training which entitles the Adviser to be classified to a higher classification
shall progress to the step on the salary scale which is determined by the
Adviser's new qualifications and such step as is closest to the Adviser's
salary prior to progressing and which shall result in an increase in the
Adviser's salary.
4.7 Payment of
Salary
(a) The salary
payable to any Adviser pursuant to this clause shall be payable fortnightly.
(b) The salary
payable to any Adviser, 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 Advisers
(a) A part-time
Adviser shall be paid at the same rate as a full-time Adviser with the
corresponding classification but in that proportion which the number of hours
which his or her normal hours bears to the hours which a full-time Adviser is
normally required to work.
(b) No part-time
Adviser shall be required to attend work on any day on which he or she does not
normally work.
4.9 Expenses
(a) An Adviser who
is regularly required to use his or her vehicle in the regular performance of
his or her work shall be paid a vehicle allowance to cover all expenses as set
out in Item 2 of Table 2 of Part B. In calculating distance travelled, journeys
between home and place of employment shall not be considered.
(b) An Adviser who
is required to use his or her vehicle in connection with work, but in
circumstances where the vehicle is not regularly required for the performance
of the Adviser's work shall be paid a vehicle allowance to cover all expenses
as set out in Item 3 of Table 2 of Part B. In calculating distance travelled
journeys between home and place of employment shall not be considered.
(c) Travelling and
other out of pocket expenses reasonably incurred by an Adviser in the course of
duties required by the employer shall be reimbursed by the employer.
4.10 Overpayments
Where an employer becomes aware that payments have been
made over or under entitlements the Adviser 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.
4.11 Annual
Remuneration
(a) Notwithstanding
sub-clause 4.7, an employer may offer and an Adviser 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 and sub-clause 4.2.
(b) The employer
will determine the range of benefits available to the Adviser and the Adviser
may determine the mix and level of benefits as provided in paragraph (a) of
this sub-clause.
(c) Any payment
calculated by reference to the Adviser's salary and payable either:
(i) during
employment; or
(ii) on termination
of employment; or
(iii) on death
shall be at the rate prescribed by subclause 4.1 and
subclause 4.2.
5. Annual Adjustment
of Salary
5.1 This clause will
apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act, 1944; and
(b) notwithstanding
any other provisions in this Award.
5.2 The provisions
of this clause shall apply as set out in the relevant sub-clauses where:
(a) an Adviser
commences employment after the school service date;
(b) where an Adviser
takes approved leave without pay or unpaid parental leave for a period which
(in total) exceeds 20 pupil days in any year; or
(c) where the hours
which an Adviser normally works have varied since the school service date
("an Adviser whose hours have varied").
5.3 Calculation
of Payments
(a) A payment made
pursuant to paragraph (a) or (b) of sub-clause 5.2 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
Adviser 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
Adviser since the school service date
F = Result in weeks
G = The Adviser's current fortnightly salary
H = Amount Due
(b) A payment made
pursuant to paragraph (c) of sub-clause 5.2 to an Adviser whose normal 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 Adviser since the
school service date
B = Salary paid to the Adviser in respect of
non-term weeks since the school service date
C = Salary paid to the Adviser 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
5.4 Advisers who
Commence Employment after the School Service Date
(a) An Adviser who
commences employment after the school service date shall be paid from the date
the Adviser commences provided that, at the end of Term IV, the Adviser 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
schools year.
(b) In each
succeeding year of employment, the anniversary of appointment of the Adviser
for the purpose of this clause shall be deemed to be the school service date.
5.5 Advisers who
take Approved Leave Without Pay or Unpaid Parental Leave
Where an Adviser 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 Adviser 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 an Adviser
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 Adviser shall be paid at the conclusion of Term IV as follows:
(i) by applying for
formula in sub-clause 5.3 as if no payment had been made to the Adviser at the
commencement of leave;
(ii) by deducting
from that amount the amount earlier paid to the Adviser.
5.6 Advisers Whose
Hours Have Varied
Where the hours which an Adviser normally works have
varied since the school service date in any school year and the Adviser's
employment is to continue into the next school year, the Adviser shall be paid
throughout the summer pupil vacation as follows:
(a) the amount due
pursuant to the formula in paragraph (b) of sub-clause 5.3 shall be calculated;
and
(b) the Adviser
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 Adviser 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 Adviser is paid the amount received will
differ from the pay in the preceding fortnights).
5.7 Notwithstanding
the provisions of paragraph (a) of subclause 5.1 an Adviser 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.
6. Annual Holiday
Loading
6.1 Subject to 6.6
hereof, where an Adviser is given and takes his or her annual holiday each year
he or she shall be paid an annual holiday loading calculated in accordance with
this clause.
6.2 The loading
shall be payable in addition to the pay payable to the Adviser for the period
of the annual holiday.
6.3 The loading
shall be calculated:
(a) in relation to
such period of an Adviser's annual holiday as is equal to the period of annual
holiday to which he or she is entitled for the time being under the Annual
Holidays Act at the end of each year of employment; or, where relevant,
(b) the period of
annual leave calculated under subclause 6.6 of this clause.
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 17 1/2 per cent of the weekly equivalent of the
Adviser's annual salary.
6.5 For the purposes
of this clause, "salary" shall mean the salary payable to the Adviser
at 1st day of December of the year in which the loading is payable, including,
the allowance prescribed by subclause 4.2 of clause 4. Salaries and Related Matters,
of this award, but not including any other allowances or amount otherwise
payable in addition to salary.
PROVIDED THAT, where subclause 6.6 of this clause
applies, "salary" shall mean the salary (together with allowances
payable as aforesaid) payable immediately prior to the payment made to the
Adviser pursuant to paragraph (a) of sub-clause 5.3 or sub-clause 13.4 of this
award.
6.6 Where an Adviser
receives a payment pursuant to paragraph (a) of sub-clause 5.3 or sub-clause
13.4 (other than an Adviser terminated by the employer for misconduct) the
Adviser 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 Adviser divided
by the number of term weeks in the whole school year.
7. Union Members and
Representative
7.1 Meetings of
union members who are employed at an office may be held on the premises at
times and places reasonably convenient to both union members and the employer.
7.2 The employer
shall permit the Union Representative in an office to post union notices
relating to the holding of meetings on a staff noticeboard.
7.3 The Union
Representative shall be permitted in working hours to discuss union business
with the employer. Such discussion
shall take place at a time and place convenient to both parties.
8. Sick Leave
8.1 Entitlement
- Any full-time or part-time Adviser 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 8.2 of this clause, not exceed in any year of service 25 working
days on full pay.
(b) An Adviser shall
not be entitled to sick leave for any period in respect of which such Adviser
is entitled to workers' compensation.
(c) An Adviser shall
not be entitled to paid sick leave unless he or she notifies the Regional Director
(or such other person deputised by the Director) prior to the commencement of
the first organised activity 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 Adviser took all reasonable steps to notify the Regional
Director (or such other person deputised by the Director) or was unable to take
such steps
(d) The sick leave
entitlement of a part-time Adviser shall be in that proportion which his or her
hours of work bears to the hours of a full-time Adviser.
(e) The Adviser, if
required by the employer, complies with subclause 8.4 of this clause.
8.2 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 an Adviser 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 an Adviser at the commencement of a year of service pursuant to
subclause 8.1 shall be taken prior to the taking of any sick leave which the
Adviser has accumulated in accordance with this sub-clause.
8.3 Evidence of
Sickness
(a) In each year,
with the exception of the first two days absence due to illness an Adviser,
shall, upon request, provide a medical certificate addressed to the employer
or, if the employer requests, to a medical practitioner nominated by the
employer.
(b) Where an Adviser
has claimed frequent single days of sick leave or extended sick leave such that
the employer requires additional information in relation to the employees
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 Adviser. The
employer shall invite the Adviser to respond verbally to the issues raised by
the employer. If the Adviser is a union member then the employee may seek union
advice and assistance.
(ii) After
consideration of the Adviser’s response the employer may
(a) require further
evidence of illness; and/or
(b) request the
Adviser 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
Adviser to obtain a medical report (at the employer’s cost) in relation to the
likely period of absence; and/or
(e) discuss with the
Adviser any other action.
(iii) The Adviser
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 monitor the operation of this subclause for the duration of the award.
8.4 Portability
(a) An Adviser 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 by a employer 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 8.2 of this clause
since 29 January 1996 shall be credited to the Adviser as the accumulated sick
leave on the commencement of their employment with the Diocese.
(c) For an Adviser
to be eligible for portability of sick leave under this clause, the Adviser
must satisfy the following criteria:
(1) The Adviser has
commenced employment with the Diocese within six months or two terms, whichever
is the greater, of the Adviser’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 employee
on termination of employment a completed version of the form set out in
Annexure B of this award and the employee will provide the original completed
form to the new Catholic Diocesan employer within four school weeks of the
commencement of employment.
(d) For the purposed
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, 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 subclause the maximum sick leave portable
between Catholic Diocesan employers or
Catholic Independent Schools and Catholic Diocesan employers shall be 150 days
and the sick leave in any one year pursuant to paragraph (a) of sub-clause 8.1
shall not exceed 25 days (with one or more employers).
8.5 Income
Maintenance for Advisers on Workers Compensation
This sub-clause applies to an adviser 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 adviser is unfit
for work, if the weekly compensation payment received by the adviser is less
than the award rate of pay applicable to the adviser, the adviser 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 adviser is entitled. The leave balance of the adviser shall be
reduced proportionately
9.
Catholic Personal/Carer's Leave
9.1 Use of Sick Leave to Provide Care and
Support for a Family Member
(a) An Adviser other than a casual Adviser,
with responsibilities in relation to a class of person set out in subparagraph
(ii) of paragraph (c) who needs the Adviser’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 8
of the award, for absences to provide care and support for such persons when
they are ill, or who require care due to an unexpected emergency. Such leave
may be taken for part of a single day.
(b) The Adviser 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 Adviser.
In normal
circumstances, an Adviser 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 Adviser 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 Adviser 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 Adviser shall discuss appropriate arrangements
which, as far as practicable, take account of the employer’s and Adviser’s
requirements.
Where the
parties are unable to reach agreement the disputes procedure at Clause 18
should be followed.
9.2 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) An Adviser, other than a casual Adviser,
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 Adviser’s
service, for any pressing domestic necessity other than to care for or support
a person defined in subparagraph 9.1(c)(ii).
(c) Where a Adviser, other than a casual
Adviser, is not entitled to utilise sick leave credits pursuant to paragraph
9.1(a) he or she may access 10 days current and 30 days accrued sick leave for
any pressing domestic necessity where the Adviser is responsible for the care
or support of a person not referred to in subparagraph 9.1(c)(ii).
(d) The yearly entitlement for the purpose of
pressing domestic necessity in paragraph 9.2(b) is non-cumulative.
(e) If required, an Adviser shall provide a
written statement or other evidence supporting the application for
Personal/Carer’s Leave for the purpose of pressing domestic necessity.
9.3 Notification of Intention to Take
Leave
In relation to
sub-clauses 9.1 and 9.2, wherever practicable, an Adviser shall give the
employer notice prior to the absence of the intention to take leave. The Adviser shall also provide the name of
the person requiring care, that person’s relationship to the Adviser, 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 Adviser to give prior notice of absence, the
Adviser shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
9.4 Unpaid Leave for Family Purpose
An Adviser 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 9.1(c)(ii)
or paragraph 9.2(c) who is ill or who requires care due to an unexpected
emergency.
9.5 Entitlement for Casual Advisers
(a) Subject to the requirements in paragraph
9.1(b) and subclause 9.3, casual Advisers are entitled to not be available to
attend work, or to leave work if they need to care for a person prescribed in
subclause 9.1 (c) (ii) or 9.2(c) 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 Adviser shall agree
on the period for which the Adviser will be entitled to not be available to
attend work. In the absence of agreement, the Adviser is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual Adviser is not entitled to any payment for the period of non-attendance.
(c) An employer must not fail to re-engage a
casual Adviser because the Adviser accessed the entitlements provided for in
this clause. The rights of an employer to engage or not to engage a casual
Adviser are otherwise not affected.
10. Parental Leave
10.1 Maternity Leave
(a) An Adviser 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 Adviser would
have received, if the Adviser had not taken maternity leave. (If the period of maternity leave granted to
the Adviser 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 Adviser
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 Adviser 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 an Adviser
applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the Adviser shall give the employer at least one month’s notice of
intention.
(e) If an Adviser
has commenced paid maternity leave and subsequently the Adviser’s pregnancy
results in a miscarriage or a still birth, the Adviser shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the Adviser.
(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 Adviser (to which the Adviser, but for
this clause, would have been entitled under clause 9, 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 Adviser 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 Adviser for the purpose of clause 5, Annual Adjustment of Salary
and clause 13, Termination.
(i) An Adviser 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 an Adviser
gives birth to a child whilst on unpaid leave (other than maternity leave in
relation to the birth of the same child) the Adviser will be entitled to
maternity leave in accordance with Part 4 of Chapter 2 of the Industrial
Relations Act 1996. However, the Adviser 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 Adviser
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 an Adviser whose baby is born on or after 1 January 2006
and before 30 January 2006.
10.2 Adoption Leave
(a) An Adviser 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) An Adviser 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.
10.3 Paternity Leave
(a) An Adviser 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 10.3(a), an Adviser 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 Adviser’s entitlement to Catholic
Personal/Carer's Leave pursuant to clause 9 of this award.
(c) The Adviser
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 Adviser to take leave at a time outside the period
specified in this paragraph. If the Adviser
chooses to agree to the employer’s request, such agreement shall be recorded in
writing. Where the Adviser does not agree, the leave shall be taken in
accordance with this paragraph.
(d) The entitlement
to paternity leave in paragraphs 10.3(a) and (b) is inclusive of, and not in
addition to, the Adviser’s entitlement to take unpaid paternity leave in
accordance with the Industrial Relations Act, 1996.
(e) The Adviser
must, at least 4 weeks before proceeding on leave pursuant to paragraph 10.3(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 10.3(c) above.
10.4 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 8.4(d) of this award.
10.5 Casual Advisers
An employer must not fail to re-engage a regular casual
Adviser (see section 53(2) of the Industrial Relations Act 1996 (NSW)) because:
(a) the Adviser or
Adviser's spouse is pregnant; or
(b) the Adviser is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual Advisers are not affected, other than in accordance
with this clause.
10.6 Right to Request
(a) An Adviser
entitled to parental leave may request the employer to allow the Adviser:
(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 Adviser in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the Adviser’s circumstances and,
provided the request is genuinely based on the Adviser’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) Adviser’s
Request and the Employer’s Decision to be in Writing
The Adviser’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 an Adviser 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.
10.7 Communication
During Parental Leave
(a) Where an Adviser
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 Adviser held
before commencing parental leave; and
(ii) provide an
opportunity for the Adviser to discuss any significant effect the change will
have on the status or responsibility level of the position the Adviser held
before commencing parental leave.
(b) The Adviser
shall take reasonable steps to inform the employer about any significant matter
that will affect the Adviser’s decision regarding the duration of parental
leave to be taken, whether the Adviser intends to return to work and whether
the Adviser intends to request to return to work on a part-time basis.
(c) The Adviser
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).
11. Long Service
Leave
11.1 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 Advisers
employed under this award.
11.2 Accrual of Leave
from 30 January 2006
The amount of long service leave which an Adviser shall
accrue in respect of service performed on and from 30 January 2006 shall be:
(a) In the case of
an Adviser who has completed:
(i) less than ten
years service, in respect of full-time service an Adviser shall accrue 6.5 days
per year of service; and
(ii) ten or more
years of service, in respect of full-time service a Adviser shall accrue 10
days per year of service.
(b) An Adviser 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 to which the
number of hours which a part-time Adviser’s normal hours bears to the hours
which a full-time Adviser is normally required to work. (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 Advisers).
(d) A Adviser shall
be entitled to leave in accordance with this subclause together with leave
accrued before 30 January 2006 pursuant to subclause 11.3.
11.3 Calculation
of Accrual as at 29 January 2006
(a) An Adviser 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 Advisers within Catholic
schools, who change 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 Adviser is entitled to as at 29 January 2006:
(i) all full-time
Advisers, 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
Advisers, 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 11.2 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.
11.4 Entitlement
to Long Service Leave and Payment of Long Service Leave on Termination
(a) A Adviser shall
be entitled to take long service leave accrued in accordance with subclauses
11.2 and 11.3 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
Adviser who has completed at least 5 years service with an employer and the
service of the Adviser is terminated or ceases for any reason, such teacher
shall be paid their accrued long service leave calculated in accordance with
subclause 11.2 and subclause 11.3 of this clause.
11.5 Conditions of
Taking Leave
(a) It is the
intention of the parties that the number of days of long service leave accrued
by the Adviser can be taken at the Adviser’s current FTE when the long service
leave is taken.
For example, an Adviser 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 Adviser 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 Adviser works 2.5 days per week (0.5 FTE) at the time
they commence leave, the Adviser 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 for teachers.
(b) Where an Adviser
has become entitled to long service leave in respect of the Adviser’s service
with an employer, the employer shall give to the Adviser and the Adviser 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 Adviser
shall give not less than two school terms notice of the Adviser’s wish to take
leave, and further provided that the employer shall give the Adviser not less
than two school terms notice of any requirement that such leave be taken.
(c) An Adviser 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 an Adviser 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 11.10 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 an Adviser
is entitled to an amount of long service leave which is in excess of a school
term the Adviser 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
Adviser accumulates further entitlements which when taken together with the
deferred leave enables long service leave to be taken for a whole term.
11.6 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.
11.7 Service
The service of an Adviser with an employer shall be
deemed continuous notwithstanding the service has been interrupted by reason of
the Adviser taking approved leave without pay (including unpaid leave in
accordance with clause 10, Parental Leave), but the period during which the
service is so interrupted shall not be taken into account in calculating the
period of service.
11.8 Payment in Lieu
of Long Service Leave
(a) Diocese of
Broken Bay
(i) Where an
Adviser 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 Adviser
and the employer may agree that, in addition to payment for the long service
leave taken, the Adviser may be paid an amount in lieu of any additional long
service leave accumulated by the Adviser.
(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 Adviser’s long service leave.
(iv) Where a payment
in lieu of long service leave is paid by the employer in accordance with this
subclause, an Adviser’s entitlements to long service leave will be reduced by
the extent of such payment.
(b) Diocese of
Parramatta
See the relevant Enterprise Agreement for teachers.
(c) Archdiocese of
Sydney
See the relevant Enterprise Agreement for teachers.
11.9 Long Service
Leave and Leave Without Pay
Where an Adviser takes long service leave for an entire
school term and the Adviser 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.
11.10 Long Service
Leave in Short Blocks
(a) The Diocese of
Broken Bay may permit an Adviser to take long service leave in blocks of less
than a full term; provided that:
(i) the Adviser has
eligible service of at least five years;
(ii) the
application is approved by the Director having regards to the educational needs
of the students, critical times of the school year and the personal
circumstances of the Adviser;
(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 for teachers.
(c) Archdiocese of
Sydney
See the relevant Enterprise Agreement for teachers.
12. Other Leave
12.1 Bereavement
Leave
(a) An Adviser shall
on the death of a spouse, father, mother, father-in-law, mother-in-law,
grandparent, brother, sister, child, stepchild or grandchild of the Adviser 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. An Adviser may be
required to provide the employer with satisfactory evidence of such death.
(b) Where an Adviser
takes bereavement leave in accordance with paragraph (a) of this subclause an
employer in their absolute discretion may grant the Adviser additional leave as
leave without pay or leave with pay.
(c) Where an Adviser
requests leave to attend a funeral of a person not specified in paragraph (a),
the employer in their absolute discretion may grant the Adviser leave as leave
without pay or bereavement leave with pay.
(d) Where an
employer grants an Adviser leave with pay in accordance with paragraphs (b) or
(c), such leave will be deducted from the Adviser’s entitlement to sick leave
in accordance with clause 8, Sick Leave.
An Adviser may be required to provide his/her employer
with satisfactory evidence of such death.
(e) Bereavement
Leave shall be available to the Adviser in respect to the death of a person in
relation to whom the Adviser could have utilised Personal/Carer’s Leave in
clause 9, provided that for the purpose of Bereavement Leave, the Adviser 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
9.4 of clause 9, Catholic Personal/ Carer’s Leave. In determining such a
request the employer will give consideration to the circumstances of the
Adviser and the reasonable operational requirements of the business.
(g) Bereavement
entitlement for Casual Advisers
(i) Casual Advisers
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a person prescribed in relation to whom the principal
could have utilised Catholic Personal/ Carer’s Leave in sub-clause 9.5,
provided that for the purpose of this bereavement entitlement, the casual
Adviser need not have been responsible for the care of the person concerned. A
casual Adviser must notify their 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 Adviser shall agree on the period for which the Adviser will be
entitled to not be available to attend work. In the absence of agreement, the
Adviser is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual Adviser is not entitled to any payment for
the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual Adviser because the Adviser accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual Adviser are otherwise not affected.
12.2 Military Reserve
Leave
An Adviser 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.
12.3 Examination
Study Leave
Any Adviser, who for the purposes of furthering her/his
educational 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.
12.4 Jury Service
(a) A full time or
part-time Adviser required to attend for jury service during ordinary working
hours shall be provided with paid leave for this purpose. The Adviser shall be required to reimburse
to the employer any monies payable to the Adviser for such attendance
(excluding reimbursement of expenses) which required the Adviser's absence from
work.
(b) The Adviser
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service. The Adviser shall provide to the
employer a copy of the summons to attend jury duty and a record of payments
received as proof of attendance.
12.5 Short Community
Service
Where an Adviser's involvement in a community service
activity has been approved by the employer after consideration of the needs of
the employer, an Adviser 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.
12.6 Overseas Volunteer
Programs
(a) A full-time or
part-time Adviser 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) An Adviser 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.
13. Termination
13.1 Period of Notice
The employment of any Adviser 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, however, that where the employer intends to
terminate the employment of an Adviser for a reason not reflecting any fault on
the part of such Adviser the following conditions shall apply:
(a) at least four
school term weeks notice of the termination or salary in lieu of such notice
shall be given;
(b) the employer
shall offer to the Adviser a position in a school; and
(i) the Adviser
shall be paid at the appropriate classification with years of service including
service as an Adviser except that if he or she was employed in a promotions position prior to appointment as
an Adviser he or she shall be offered a similar position in a school; and
(ii) if the
position which is offered is not acceptable to the Adviser the employer shall
make available one other such position in a school.
13.2 Summary Dismissal
The foregoing shall not affect the right of the
employer to dismiss summarily any Adviser for incompetence, misrepresentation,
neglect of duty or other misconduct.
13.3 Payment on
Termination
A full-time or part-time Adviser 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) A payment made
pursuant to this clause to an Adviser whose working 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
Adviser 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
Adviser since the school service date
F = Result in weeks
G = Adviser's current fortnightly salary
H = Amount Due
(b) A payment made
pursuant to this clause to an Adviser whose working 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 x B
|
=
|
C
|
|
|
|
|
|
|
|
|
Step 2
|
C x D
|
=
|
F
|
|
|
|
|
Step 3
|
F - B
|
=
|
G
|
|
|
|
|
where:
A = Total salary paid to the Adviser since the
school service date
B = Salary paid to the Adviser in respect of
non-terms weeks since the school service date
C = Salary paid to the Adviser 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
13.5 Statement of
Service
Refer to sub-clause 3.6 of clause 3, Terms of
Engagement
14. Occupational
Superannuation (Contribution By Employer)
14.1 Definitions
- For the purposes of this clause:
(a) "Basic
earnings" shall mean:
(i) the
minimum annual rate of salary and allowance prescribed from time to time for
the employee by sub clauses 4.1 and 4.2 of clause 4, Salaries and Related
Matters; and
(ii) the
amount of any payment made to the employee pursuant to clause 5 Annual
Adjustment of Salary or clause 13 Termination.
(b) "Employee"
means an Adviser to whom this award applies.
(c) "Employer"
means the employer of an Adviser 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; or
(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.
14.2 Fund
- The New South Wales Non-Government Schools Superannuation Fund shall be made
available by each employer to each employee.
14.3 Benefits
(a) Except
as provided in paragraphs (b), (d), (e) 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 percent of the employee’s basic earnings.
(b) Subject
to paragraph (g) 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
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.
14.4 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 (f) of subclause 14.3 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.
15.
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."
16. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant To The Ombudsman Act 1974
16.1 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.
16.2 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.
16.3 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.
16.4 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.
16.5 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.
17. Suspension
Notwithstanding any of the provisions of this award an
employer may suspend an Adviser with or without pay while considering any
matter which in the view of the employer could lead to the Adviser's summary
dismissal. Suspension without pay shall
not be implemented by the employer without prior discussion with the Adviser
and shall not except with the Adviser's consent exceed a period of four weeks.
18. Disputes
Procedures
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.
18.1 Without prejudice
to other party, the parties shall ensure the continuation of work in accordance
with this award and custom and practice in the workplace.
18.2 In the event of
any matter arising which is of concern or interest, the Adviser shall discuss
this matter with his or her supervisor.
18.3 If the matter is
not resolved at this level, the Adviser may refer this matter to the union
representative in the workplace, who will discuss the matter with the
appropriate representative of the employer.
18.4 If the matter
remains unresolved, it shall be referred to the General Secretary of the union
or his or her nominee and the nominee of the employer for discussion and
appropriate action.
18.5 If this matter
cannot be resolved at this level it may be referred to the Industrial Relations
Commission.
18.6 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.
19. No Extra Claims
19.1 Subject to sub
clause 19.3, 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.
19.2 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.
19.3 Leave is reserved
to the Union to apply to the Industrial Relations Commission in relation to
travelling allowance.
20. Area, Incidence
and Duration
20.1 This award
replaces and rescinds the Advisers (Archdiocese of Sydney and Dioceses of
Broken Bay and Parramatta) (State) Award 2006 published on 16 June 2006 (359 IG
770) and all variations thereto.
20.2 This award shall
apply to all Advisers employed by the Catholic Education Office Archdiocese of
Sydney, Catholic Schools Office, Diocese of Broken Bay or Catholic Education
Office Diocese of Parramatta, with the exception of members of a recognised
religious teaching 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.
20.3 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
ANNUAL SALARY
|
Step
|
Effective from
first pay
|
Effective from
first pay
|
Effective 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%
|
|
1
|
40,909
|
42,464
|
44,078
|
|
2
|
44,590
|
46,284
|
48,043
|
|
3
|
47,563
|
49,370
|
51,246
|
|
4
|
50,026
|
51,927
|
53,900
|
|
5
|
52,745
|
54,749
|
56,829
|
|
6
|
55,458
|
57,565
|
59,752
|
|
7
|
58,178
|
60,389
|
62,684
|
|
8
|
60,898
|
63,212
|
65,614
|
|
9
|
63,614
|
66,031
|
68,540
|
|
10
|
66,332
|
68,853
|
71,469
|
|
11
|
69,047
|
71,671
|
74,394
|
|
12
|
71,769
|
74,496
|
77,327
|
|
13
|
78,667
|
81,656
|
84,759
|
|
Table 2 - Other
Rates of Pay and Allowances
Item No.
|
Clause No.
|
Step
|
Annual Allowance
|
|
|
|
|
|
|
|
Effective from
first
|
Effective from
first
|
Effective from
first
|
|
|
|
pay period on or
after
|
pay period on or
after
|
pay period on or
after
|
|
|
|
1 January 2009
|
1 January 2010
|
1 January 2011
|
(4.4%)
|
(3.8%)
|
(3.8%)
|
1
|
4.2(a)
|
Step 1
|
12,229
|
12,694
|
13,176
|
|
4.2(b)
|
Step 2
|
20,077
|
20,840
|
21,632
|
|
4.2(c)
|
Step 3
|
22,475
|
23,329
|
24,216
|
|
|
Distance travelled
per year for work
|
|
|
|
2
|
4.10(a)
|
0-8000 km 63.6
cents
|
8001 km or more
26.1 cents
|
3
|
4.10(b)
|
26.1 cents
|
|
|
|
|
|
|
|
|
ANNEXURE A
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
(c) Two Years
Trained Teacher includes a teacher with the following equivalent
qualifications:
(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.
ANNEXURE B
PORTABILITY
Part to be completed by Adviser:
Name of Adviser:
Name of former Diocesan Employer:
I, _____________________________
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was formerly employed by
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____________________________
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(Name of Adviser)
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(Name of former
Catholic Diocese)
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as a Adviser/other
from
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_____________to
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_________________
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(Date)
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(Date)
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I commenced as a ________________
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with the Diocese on
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(Date)
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(Adviser/other)
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_________________________
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____________________
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Signature
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Date
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Part to be completed by former Catholic Diocesan
Employer:
______________________
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was employed by the Diocese as a
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___________________________
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(Name of Adviser)
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(Adviser/other)
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and ceased work on
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________________
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Date
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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
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Sick Days
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Year 2 accumulation
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Sick Days
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Year 3 accumulation
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Sick Days
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Year 4 accumulation
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Sick Days
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Year 5 accumulation
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Sick Days
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Year 6 accumulation
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Sick Days
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_____________________________________
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______________________
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Diocesan Officer
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Date
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M.
J. WALTON J , Vice-President
____________________
Printed by
the authority of the Industrial Registrar.