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Advisers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2009
  
Date07/31/2009
Volume368
Part3
Page No.674
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C7080
CategoryAward
Award Code 014  
Date Posted07/27/2009

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(014)

(014)

SERIAL C7080

 

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, _____________________________

was formerly employed by

____________________________

(Name of Adviser)

 

(Name of former Catholic Diocese)

 

 

 

 

 

as a Adviser/other  from

_____________to

_________________

 

 

(Date)

 

(Date)

 

 

 

 

 

 

I commenced as a ________________

with the Diocese on

(Date)

 

(Adviser/other)

 

 

 

 

 

 

 

_________________________

 

____________________

 

Signature

 

Date

 

 

Part to be completed by former Catholic Diocesan Employer:

 

______________________

was employed by the Diocese as a

___________________________

 

(Name of Adviser)

 

(Adviser/other)

 

 

 

 

 

and ceased work on

________________

 

 

 

Date

 

 

 

 

At that time, untaken sick leave with our Diocese over the proceeding _________ years of continuous service is as follows:

 

_______________ (Date)

 

SET OUT RECORD

 

e.g.:

 

Last year of employment

Sick Days

Year 2 accumulation

Sick Days

Year 3 accumulation

Sick Days

Year 4 accumulation

Sick Days

Year 5 accumulation

Sick Days

Year 6 accumulation

Sick Days

 

_____________________________________

______________________

Diocesan Officer

Date

 

 

 

M. J. WALTON J , Vice-President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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