Crown Employees NSW Adult Migrant English Service (Teachers and Related Employees) Award 2014

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 724 of 2015)

 

 

REVIEWED AWARD

 

PART A

 

1.         Arrangement

 

Clause No.         Subject Matter

 

PART A

 

1.         Arrangement

2.         Statement of Intent

3.         Dictionary

4.         Professional Responsibilities of Teachers

5.         Duties as Directed

6.         Teachers and Related Employees - Annual Review

7.         Performance Management for Operations Managers

8.         Salaries

9.         Salary Packaging

10.       Salary Scale Progression Arrangements

11.       Allowances

12.       Unpaid Absences

13.       Part-Time Work

14.       Hours

15.       Averaging of Hours

16.       Annual Leave and Weeks of Non-Attendance

17.       Sick Leave

18.       Family and Community Service Leave

19.       Personal/Carer’s Leave

20.       Adoption, Maternity and Parental Leave

21.       Conditions of Employment - Casual Teachers

22.       Professional Development

23.       AMES Year

24.       Transfer Procedures

25.       Anti-Discrimination

26.       Dispute Resolution Procedures

27.       Goods and Services Tax

28.       Flexible Working Arrangements

29.       Deduction of Union Membership Fees

30.       No Further Claims

31.       Secure Employment Test Case - Work Health and Safety Obligations

32.       Annual Leave Loading

33.       Sick Leave - Workers Compensation

34.       Special Leave

35.       Trade Union Activities Regarded as Special Leave

36.       Trade Union Activities Regarded as On Duty

37.       Trade Union Training Courses

38.       Leave for Matters Arising from Domestic Violence

39.       Lactation Breaks

40.       Leave without pay

41.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other Rates

 

2.         Statement of Intent

 

2.1       The purpose of this award is to provide salaries and conditions of employment for AMES teachers and related employees that will:

 

2.1.1    attract and retain highly skilled employees

 

2.1.2    acknowledge the professional status and responsibilities of AMES teachers and related employees and their commitment to the achievement of excellence in the delivery of teaching and training programs and related services;

 

2.1.3    support the active involvement and participation of AMES teachers and related employees in the professional growth of the organisation;

 

2.1.4    take into account the changes that are taking place in respect of AMES service delivery;

 

2.1.5    take into account the specific funding and contractual arrangements that may apply to AMES and the competitive environment in which it operates.

 

2.2       Except where specific provision is otherwise made in this award, the administration of attendance, leave and absences of AMES teachers and related employees shall be managed in accordance with the relevant provisions of the Government Sector Employment Regulation 2014.

 

3.         Dictionary

 

3.1       "AMES" means the New South Wales Adult Migrant English Service.

 

3.2       "Casual Teacher" means a person employed to teach a course or courses on an hourly basis. A "400 hour Casual Teacher" means a casual teacher who has completed the equivalent of 400 hours teaching service in any teaching year. A "Less than 400 hour Casual Teacher" means a casual teacher who has completed less than 400 hours teaching service in any teaching year.

 

3.3       "Degree Course" means a university or college of advanced education degree course approved by the Director.

 

3.4       "Department" means the Department of Education.

 

3.5       "Director" means the Director Community and Migrant Education.

 

3.6       Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

3.7       "Educational Counsellor" means an ongoing or temporary employee employed, or seconded as such.

 

3.8       "Education Officer" means an ongoing or a temporary employee, employed or seconded as such.

 

3.9       "Equivalent" when referring to qualifications means qualifications and/or experience deemed by the Director to be equivalent to specified qualifications.

 

3.10     "Federation" means the Australian Education Union New South Wales Teachers Federation Branch.

 

3.11     "Five Year Trained" in relation to a teacher means a teacher whose teaching qualifications include a degree with honours of a recognised university which requires a minimum of four years full-time study, and has in addition, completed one year’s teacher training at a university or college of advanced education approved by the Director or has completed such other course or courses and/or has vocational experience which the Director may, from time to time, deem to be equivalent.

 

3.12     "Four Year Trained" in relation to a teacher means a teacher whose teaching qualifications include a degree of a recognised university or college which requires a minimum of three years full-time study, and has in addition, completed one year's teacher training at a university or college of advanced education approved by the Director or has completed such other course or courses and/or has vocational experience which the Director may, from time to time, deem to be equivalent.

 

3.13     "Full-time Temporary Teacher" means a person employed as such under Section 43 of the Government Sector Employment Act 2013.

 

3.14     "Graduate" means a person who has obtained a degree of a recognised university or college or possesses qualifications deemed by the Director to be equivalent to such a degree.

 

3.15     "Ongoing employee" means a person employed in any capacity under Part 4, of the Government Sector Employment Act 2013, and includes an employee on probation but does not include a temporary employee.

 

3.16     "Operations Manager" means an employee employed as such.

 

3.17     "Ongoing Teacher" means an employee employed as such in the AMES pursuant to the provisions of the Government Sector Employment Act 2013.

 

3.18     "Program" means a learning arrangement or composite of learning arrangements under the management of Teaching Centre Manager.

 

3.19     "Region" means an area designated as such by the Director including one or more venues.

 

3.20     "Secretary" means the Secretary of the Department of Education.

 

3.21     "Senior Education Officer" means an ongoing employee or a temporary employee employed or seconded as such.

 

3.22     "Teacher" means an ongoing, temporary or casual employee employed as such.

 

3.23     "Teachers and related employees" means all ongoing and temporary employees covered by this award and includes casual, ongoing and full-time temporary teachers, education officers and senior education officers, co-ordinators of studies, co-ordinators of course information and admissions and operations managers.

 

3.24     "Teaching Centre" means a location designated as such by the Director that may include one or more teaching venues.

 

3.25     "Teaching Centre Manager" means an ongoing employee or temporary employee assigned or seconded as such.

 

3.26     "Teaching Services Coordinator" means an ongoing employee or temporary employee assigned or seconded as such.

 

3.27     "Temporary Employee" means a person temporarily employed under Section 43 of the Government Sector Employment Act 2013.

 

3.28     "Year of Service" means full-time employment for a period of 52 weeks or the equivalent. Future employees shall be deemed to have the incremental status indicated by the rate of pay at which they are employed.

 

4.         Professional Responsibilities of Teachers

 

4.1       In order to foster and sustain a collaborative professional culture and in keeping with their professional status and their commitment to the achievement of excellence in the delivery of teaching and training programs and related services, teachers shall as part of their professional responsibilities:

 

4.1.1    maintain and exhibit the highest standards of conduct;

 

4.1.2    ensure that in the performance of their teaching and associated duties, AMES policies, standards and practices are observed;

 

4.1.3    work collaboratively with their colleagues in helping to ensure that essential organisational goals and objectives are met;

 

4.1.4    provide peer support and leadership to less experienced teachers or to teachers experiencing performance difficulties;

 

4.1.5    participate in working groups and staff meetings as required, to develop and enhance professional knowledge and to improve practices and procedures;

 

4.1.6    contribute to the development of curricula, teaching materials and resources which support the achievement of excellence in the delivery of teaching and training programs and related services; and

 

4.1.7    participate in the ongoing moderation of the assessment of student achievements.

 

5.         Duties as Directed

 

5.1       The Director or her/his nominee may direct any employee to carry out such duties as are within the limits of the person's skill, competence and training consistent with the classifications covered by this award and provided that such duties are not designed to promote deskilling.

 

5.2       The Director or her/his nominee may direct any employee to carry out such duties and use such tools, materials and equipment as may be required, provided that the employee has been properly trained in the use of such tools, materials and equipment.

 

5.3       Any directions issued by the Director pursuant to this clause shall be consistent with the Director's responsibility to provide a safe and healthy working environment.

 

5.4       The Director may from time to time deploy teachers to duties other than face-to-face teaching duties in accordance with guidelines designed to increase the efficiency of AMES. Deployments will be for a predetermined period not exceeding one year.

 

5.5       Teachers perform a broad range of duties that include the following activities:

 

Direct Teaching Activities	Duties Related to Teaching
Direct teaching activities include but are not	Duties related to teaching include but are not
limited to:	limited to:
face to face teaching in any environment or	preparation;
setting, including but not limited to:	marking;
classrooms,	assessment and recording of student learning
individual learning centres,	outcomes;
educational computer rooms,	support and advice to clients;
workshops,	attendance administration;
industry,	course development and review;
in the field;	training and professional development;
distance mode and online;	development of learning materials;
assessment of new students;	attendance at staff meetings and moderation
workplace training and assessment.	sessions;
	recognition of prior learning;
	referral of new students;
	workplace consultancy and advisory services;
	work placement coordination and supervision.

 

5.6       Education Officers, Senior Education Officers and Operations Managers perform a range of duties as stated in their Statement of Duties.

 

6.         Teachers and Related Employees - Annual Review

 

6.1       To provide feedback on performance, the Director or nominee will ensure that the performance of all teachers and related employees, except casual teachers and their manager or nominee, is appraised by annual review.

 

6.2       This annual review shall be supported by:

 

(i)         conferences between the teacher or related employee and their manager or nominee;

 

(ii)        review of documentation such as lesson planning, lesson material and student work, plans, evaluations and reports, as appropriate; and

 

(iii)       for teachers, observations of educational programs.

 

6.3       The annual review for teachers and related employees shall be reported by way of a NSW AMES Teachers and Related Employees Assessment Review Form.

 

6.4       Concerns about the performance and or conduct of teachers and related employees shall be managed in accordance with the Government Sector Employment Act 2013

 

7.         Performance Management for Operations Managers

 

7.1       The performance of operations managers shall be reviewed annually under a performance management scheme.

 

7.2       The objectives of the performance management scheme for operations managers are to:

 

7.2.1    establish clear individual performance goals linked to, and consistent with, AMES goals and priorities and regional plans and objectives;

 

7.2.2    identify each employee's current and medium term development needs and career goals and develop strategies to support these;

 

7.2.3    assist with the achievement of AMES long term objectives and annual priorities;

 

7.2.4    provide for each employee a valid basis for performance assessment against job-related criteria;

 

7.2.5    provide job-related guidance and performance feedback in a continuing way.

 

7.3       Appropriate training will support the implementation of the scheme.

 

7.4       Concerns about the performance and or conduct of operations managers shall be managed in accordance with the Government Sector Employment Act 2013.

 

8.         Salaries

 

8.1       The salaries and other rates that apply to teachers, education officers, senior education officers and operations managers shall be paid in accordance with this clause and Tables 1 and 2 of Part B of this award.

 

9.         Salary Packaging

 

For the purposes of this clause "salary" means the salary or rates of pay prescribed for the employee's classification by Part B, Table 1 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

9.1       An employee may, by agreement with the employer, enter into a salary packaging arrangement, including salary sacrifice to superannuation where they may convert up to 100% of their salary to other benefits.

 

Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged. Such payroll deductions may include but are not limited to, compulsory superannuation payments, HECS payments, child support payments, judgment debtor/garnishee orders, union fees, health fund premiums.

 

9.2       The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and employer, will be provided in a separate written agreement, in accordance with the Department’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

9.3       Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

9.3.1    any fringe benefits tax liability arising from a salary packaging arrangement; and

 

9.3.2    any administrative fees.

 

9.4       Where the employee makes an election to salary package, the following payments made by the employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

9.4.1    Superannuation Guarantee Contributions;

 

9.4.2    any salary-related payment including but not limited to allowances and workers compensation payments; and

 

9.4.3    payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

10.       Salary Scale Progression Arrangements

 

10.1     Ongoing teachers and full-time temporary teachers who meet the admission requirements as determined by the Director shall commence at a level not less than the first step on the common salary scale, provided that teachers who are four-year trained or five-year trained shall commence on the common salary scale at a level not less than:

 

Four-year trained	2nd salary level
Five-year trained	3rd salary level

 

10.2     Education officers who meet the admission requirements as determined by the Director shall commence at a level not less than the first step on the common salary scale, provided that graduate education officers - not teacher-trained and graduate education officers - teacher-trained, shall commence on the common salary scale at a level not less than:

 

Graduate - not teacher-trained	2nd salary level
Graduate - teacher-trained	3rd salary level

 

10.3     Employees shall be entitled to progress after each 12 months of service along the salary steps of the common salary scale, subject to the employee demonstrating continuing satisfactory performance in accordance with the Teacher Quality - Annual Review provisions set out in clause 6.

 

10.4     Any employee whose initial employment is approved on or after 1 January 1992, and who does not satisfy the teacher training requirements as determined by the Director, will not progress more than two salary steps along the common salary scale.

 

11.       Allowances

 

11.1     An education officer who:

 

11.1.1 has completed 12 months service at the salary prescribed on the maximum of the common salary scale; and

 

11.1.2 has demonstrated to the satisfaction of the Director by the work performed, its quality and the results achieved, that the aptitude and abilities of the employee warrant additional payment;

 

shall be paid an allowance as set out in Item 1 of Table 2 - Other Rates of Part B, Monetary Rates, and after a further 12 months an additional allowance as set out in the said Item 1. This allowance shall count as salary and be paid for all purposes.

 

11.2     The Teaching Centre Manager may nominate a teacher to undertake responsibilities associated with the supervision and administration of smaller teaching venues and/or smaller evening or weekend teaching programs.

 

11.3     A teacher nominated by the Teaching Centre Manager who accepts and undertakes such responsibilities shall for the period that the responsibilities are undertaken be paid an allowance as set out in Item 2 of Table 2 - Other Rates, of Part B, Monetary Rates. This allowance shall not count as salary.

 

11.4     The Director may release the nominated teacher from face-to-face teaching duties as necessary to undertake these responsibilities.

 

12.       Unpaid Absences

 

12.1     Unpaid absences in excess of five days per annum shall not be taken into account for the purposes of calculating length of service except in relation to leave approved pursuant to subclause 19.2.

 

13.       Part-Time Work

 

13.1     Any ongoing employee may apply to work part-time at any time, subject to the appropriate work being available for the position and it being convenient to AMES.

 

13.2     Arrangements of between 0.2 and 0.8 equivalent full-time may in general be worked in patterns mutually convenient to the AMES and the teacher.

 

13.3     Part-time teachers shall be required to undertake, on a pro-rata basis, the full range of duties undertaken by full-time teachers.

 

13.4     Salary and conditions for approved part-time work shall attract a pro-rata entitlement of that associated with full-time ongoing or temporary employment.

 

13.5     "Pro-rata entitlement" shall be taken to mean a calculation in which the quantum of hours, leave, pay or other remuneration is determined by multiplying the quantum applicable to full-time teachers by the appropriate equivalent full-time (e.g. 0.2 to 0.8).

 

13.6     Service shall not be regarded as having been broken by ongoing part-time work.

 

14.       Hours

 

14.1     The daily span of working hours for teachers, education officers, senior education officers, and operations managers is between 6.00 a.m. and 10.00 p.m. on Monday to Saturday inclusive. Teachers and related employees who are required as part of their program to work on a Saturday shall, if they so request, be entitled to have two consecutive days off in the following week.

 

14.2     Teachers, education officers and senior education officers may elect to work on a Sunday or on a Monday to Friday between the hours of 10.00pm and 7.30am but shall not be directed to do so.

 

14.3     A teacher may apply to the Director to exclude Saturday from their ordinary attendance pattern for a period not exceeding 12 months on compassionate grounds where there are exceptional and compelling circumstances. Written applications for such exclusion must contain full and substantiated grounds and supporting documents, where appropriate.

 

14.4     The standard hours of attendance for ongoing and full-time temporary teachers shall be 30 hours per week inclusive of 20 face to face teaching hours per week, except where such face to face teaching hours are reduced with the approval of the Director for the purpose of undertaking alternative duties.

 

14.5     The standard hours of attendance for education officers, senior education officers and operations managers shall be 35 hours per week.

 

14.6     Standard hours of attendance excludes time taken for meal breaks.

 

14.7     Ordinary attendance patterns within the daily span of hours for teachers, education officers and senior education officers shall be arranged by their manager.

 

14.8     Teachers shall be invited to submit their attendance pattern preferences in June and December each year. In arranging ordinary attendance patterns within the daily span of hours Teaching Centre Managers shall, to the extent possible and practicable, accommodate such preferences. Where there are difficulties in accommodating attendance pattern preferences there will be consultation with the teachers at the teaching location(s) concerned to enable them collectively or individually to make recommendations to resolve the difficulties. In the event that the difficulties are not resolved through consultation with teachers, the Teaching Centre Manager shall apply the principle of rotation and no teacher shall unreasonably refuse.

 

14.9     Teachers and related employees may be required to work on any five days from Monday to Saturday as part of their program. However, with the approval of the Teaching Centre Manager and subject to AMES requirements being met, a teacher's ordinary attendance pattern may be undertaken across four days and/or day/evening configuration.

 

14.10  The hours of attendance for non-teaching duties may be arranged by teachers in consultation with the Teaching Centre Manager provided that the requirements of AMES are met at all times.

 

14.11  Face-to-face teaching hours required to be worked by ongoing and full-time temporary teachers as part of their teaching program during the following time bands shall be paid at time and one-quarter of their ordinary rate:

 

6.00 am and 7.30 am Monday to Friday.

 

14.12  Work undertaken by ongoing and full-time temporary teachers as part of their teaching program during the following time bands shall be paid at time and one-quarter of their ordinary rate:

 

6.00 am and 5.30 pm Saturday.

 

14.13  Work undertaken by ongoing and full-time temporary teachers as part of their teaching program during the following time bands shall be paid at double time of their ordinary rate:

 

5.30 pm Saturday to 6.00 am Monday;

 

10.00 pm to 6.00 am weekdays;

 

Midnight Friday to 6.00 am Saturday.

 

14.14  Face to face teaching that is undertaken by a full time temporary teacher that is in excess of their 20 hours of face to face teaching per week shall be paid at time and one quarter of the teacher’s normal salary rate.

 

15.       Averaging of Hours

 

15.1     Notwithstanding the provisions of subclause 14.4 of clause 14 Hours, the 20 face to face teaching hours per week may be averaged on a semester or program basis, provided that the arrangement is known in advance and provided that for the duration of the averaging period the teacher shall continue to receive her/his normal fortnightly or weekly pay.

 

15.2     In scheduling such hours the Teaching Centre Manager shall to the extent possible and practicable, accommodate teacher’s attendance preference patterns. Where there are difficulties in scheduling such hours, the Teaching Centre Manager shall consult with the teachers at the teaching location(s) concerned to enable them collectively or individually to make recommendations to resolve the difficulties. In the event that the difficulties are not resolved through consultation with teachers, the Teaching Centre Manager shall apply the principle of rotation and no teacher shall unreasonably refuse.

 

15.3     The Teaching Centre Manager shall ensure that the face to face teaching hours in any one week do not exceed 24 per week.

 

15.4     If a teacher leaves the AMES prior to completion of the relevant settlement period an appropriate credit or debit adjustment to the teacher's payment on termination shall be made.

 

15.5     The adjustment shall reflect the difference between the total of the hours actually worked (including any period of approved leave in the relevant period) and the total of the hours that would have been worked in the relevant period but for the averaging arrangement.

 

15.6     Where applicable loadings in accordance with clauses 14.11, 14.12 and 14.13 shall apply to hours worked as part of an averaging arrangement.

 

16.       Annual Leave and Weeks of Non-Attendance

 

16.1     In lieu of the provisions under the Annual Holidays Act 1944 the following classifications of employees shall not be required to attend their place of employment for the number of weeks as set out in the following schedule:

 

Classification	Annual Leave Weeks	Weeks of Non Attendance
		and Public Holidays
Ongoing Teacher	4	7
Full-time Temporary Teacher	4	7
Operations Manager	4	Nil
Senior Education Officer	4	Nil
Education Officer	4	Nil

 

16.2     From the date of commencement of this award all public holidays, other than Christmas Day, Boxing Day and New Year’s Day which fall within the annual close down period, shall be included in the teacher’s non attendance periods with no loss of entitlement to the public holiday.

 

16.3     Except where provision is otherwise made in this award, agreed non-attendance will be deemed to be in lieu of additional work.

 

16.4     Ongoing teachers and full-time temporary teachers who are deployed for periods not exceeding 12 weeks to positions which would otherwise not be in receipt of equivalent leave and agreed non-attendance will retain their leave and agreed non-attendance as provided by clause 16.1 hereof.

 

17.       Sick Leave

 

17.1     Ongoing teachers, full-time temporary teachers, education officers, senior education officers and operations managers shall be entitled to 15 days sick leave per annum with the unused component of the annual entitlement being fully cumulative.

 

17.2     Additional sick leave in the first two years of service:

 

17.2.1 The provisions of this paragraph shall only apply to ongoing and full-time temporary teachers.

 

17.2.2 The maximum grant of additional sick leave during the first 2 years of service is 15 days.

 

17.2.3 Additional sick leave provided by this clause is available at any stage during the teacher's first two years of service but will only be granted in circumstances where:

 

(a)       there is no current concern regarding the teacher's use of sick leave;

 

(b)       all sick leave entitlements have been exhausted.

 

18.       Family and Community Service Leave

 

18.1     The Director shall, in the case of emergencies or in personal or domestic circumstances, grant to an employee some or all of the available family and community service leave on full pay.

 

18.2     Such cases may include, but are not limited to, the following:

 

18.2.1 compassionate grounds, such as the death or illness of a close member of the family or a member of the staff member's household;

 

18.2.2 accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

18.2.3 emergency or weather conditions such as when flood, fire or snow, etc. threaten and/or prevent an employee from reporting for duty;

 

18.2.4 other personal circumstances, such as citizenship ceremonies, parent/teacher interviews or attending a child's school for other reasons.

 

18.3     Attendance at court by an employee to answer a charge for a criminal offence, if the Director considers the granting of family and community service leave to be appropriate in a particular case.

 

18.4     Employees who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games).

 

18.5     Employees who hold office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absences during normal working hours.

 

18.6     The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to an employee shall be the greater of the leave provided in subparagraph 18.6.1 and 18.6.2:

 

18.6.1 two and a half working days in the employee's first year of service and, on completion of the employee's first year of service, five working days in any period of two years;

 

18.6.2 after the completion of two years' continuous service, the available family and community service leave is determined by allowing one day's leave for each completed year of service, less the total amount of short leave or family and community service leave previously granted to the employee.

 

18.7     If the available family and community service leave is exhausted as a result of natural disasters, the Director shall consider applications for additional family and community service leave, if some other emergency arises.

 

18.8     In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with sub clause 19.1 of clause 19 Personal/Carer's Leave, shall be granted when paid family and community service leave has been exhausted.

 

18.9     On the death of a person defined in subparagraph 19.1.3 (b) of clause 19 Personal/Carer's Leave, additional paid family and community service leave of up to two days may be granted on a discrete, per occasion basis to an employee.

 

18.9.1 The employee must notify the Director as soon as practicable of the intention to take bereavement leave and will, if required by the Director, provide to the satisfaction of the Director proof of death.

 

18.9.2 An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

18.9.3 Bereavement leave may be taken in conjunction with other leave available under paragraphs 19.2, 19.3, 19.4 and 19.5. In determining such a request, the Director will give consideration to the circumstances of the employee and the reasonable operational requirements of the AMES.

 

19.       Personal/Carer's Leave

 

19.1     Use of Sick Leave for the purpose of providing care and support to a member of a class of person set out in sub paragraph 19.1.3 (b), who is ill.

 

19.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in sub paragraph 19.1.3 (b) below, who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 17 Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

19.1.2 The employee shall, if required, 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.

 

19.1.3 The entitlement to use sick leave in accordance with this paragraph is subject to:

 

(a)       the employee being responsible for the care of the person concerned; and

 

(b)       the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(3)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(4)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide basis; or

 

(5)        a relative of the employee who is a member of the same household where, for the purposes of this section:

 

(i)         "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

19.1.4 An employee shall, wherever practicable, give the Director notice, prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give notice of absence, the employee shall notify the Director by telephone of such absence at the first opportunity on the day of absence.

 

19.2     Use of unpaid Leave for Family Purpose - An employee may elect, with the consent of the Director, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is ill.

 

19.3     Use of Annual Leave for the purpose of providing care and support to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is ill.

 

19.3.1 An employee may elect, with the consent of the Director, subject to the Annual Holidays Act 1944, to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

19.3.2 Access to annual leave, as prescribed in subparagraph 19.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

19.3.3 An employee may elect with the Director’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

19.4     Use of Time Off in Lieu of Payment for Overtime for the purpose of providing care and support to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is ill.

 

19.4.1 An employee may elect, with the consent of the Director, to take time off in lieu of payment for overtime at a time or times agreed with the Director within twelve (12) months of the said election.

 

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

 

19.4.3 If, having elected to take time as leave in accordance with subparagraph 19.4.1 above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve month period or on termination.

 

19.4.4 Where no election is made in accordance with subparagraph 19.4.1 above, the employee shall be paid overtime rates in accordance with the award.

 

19.5     Make-up Time - An employee may elect, with the consent of the Director, to work 'make-up time' under which the employee takes time off ordinary hours for the purpose of providing care and support to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is ill, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

20.       Adoption, Maternity and Parental Leave

 

20.1     Adoption, maternity and parental leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Government Sector Employment Act 2013 and the Government Sector Employment Regulation 2014 and will be in addition to those set out in the Industrial Relations Act 1996 (NSW) and Regulation.

 

20.2     On and from 1 January 2006 AMES teachers and related employees shall be entitled to adoption, maternity and parental leave in accordance with the relevant provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 published 7 December 2012 (375 I.G. 86) as varied, or its successor.

 

20.3     Right to Request

 

20.3.1 An employee entitled to adoption, maternity and parental leave may request the Director to allow the employee:

 

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

 

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

 

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

 

to assist the employee in reconciling work and parental responsibilities.

 

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

 

20.3.3 The employee’s request and the Director’s decision made under 20.3.1 (b) and 20.3.1 (c) must be recorded in writing.

 

20.3.4 Where an employee wishes to make a request under 20.3.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

20.4     Communication During Adoption, Maternity and Parental Leave

 

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

 

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

 

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

 

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

 

20.4.3 The employee shall also notify the Director of changes of address or other contact details which might affect the Director’s capacity to comply with 20.4.1.

 

21.       Conditions of Employment - Casual Teachers

 

21.1     Annual Leave

 

No casual teacher shall receive annual leave, as a component for leave is included in the hourly rates.

 

21.2     Leave Loading

 

Casual teachers are not entitled to receive a leave loading.

 

21.3     Sick Leave

 

21.3.1 As at the date of the recommendation made by the Industrial Relations Commission on 8 May 2009 related to IRC Matter Number 2338 of 2009, casual teachers are not entitled to receive sick leave.

 

21.3.2 Notwithstanding, 21.3.1 a casual teacher who, prior to 8 May 2009 had an unused sick leave accrual, shall be entitled to access this accrual.  Once a casual teacher exhausts their existing unused sick leave accrual no further paid sick leave will be granted.

 

21.4     Family and Community Services Leave

 

21.4.1 There is no entitlement to family and community services leave prior to completing 400 hours of paid duty in any teaching year. On completing 400 hours of paid duty in any teaching year, a casual teacher is eligible to apply for family and community services leave for extraordinary and pressing absences on rostered working days.

 

21.4.2 Within a teaching year, entitlement will accrue as follows:

 

400 - 531 hours of duty	6 hours leave
532 - 799 hours of duty	8 hours leave
800 + hours of duty	12 hours of leave

 

21.4.3 Unused credit shall not carry over from one year to another.  Service shall not carry over from one year to the next, for the purposes of determining entitlement.

 

21.5     Special Leave

 

21.5.1 There is no entitlement to special leave prior to completing 400 hours of paid duty in any teaching year. On completing 400 hours of paid duty in a teaching year, a casual teacher is eligible to apply for special leave for absences of the nature of those listed below and which occur on rostered working days:

 

(a)       interpreting in court;

 

(b)       examination in a course of study;

 

(c)        graduation;

 

(d)       State emergencies;

 

(e)        jury service;

 

(f)        blood donation (if not possible in own time); and

 

(g)        any other reason which in the opinion of the Director warrants the grant of special leave.

 

21.5.2 Service shall not carry over from one year to the next, for the purposes of determining entitlement.

 

21.6     Parental Leave

 

21.6.1 Employees will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996, if they meet the definition of a regular casual employee (see section 53 (2) of the Industrial Relations Act 1996). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

21.6.2 The Director must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       the employee or employee’s spouse is pregnant; or

 

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

 

The rights of the Director in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

21.7     Leave Without Pay - Casual teachers are not granted leave without pay.

 

21.8     Study Leave - Casual teachers are not granted leave for study.

 

21.9     Personal Carers Leave

 

21.9.1 Casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a family member described in clause 19.1.3 (b) of the award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out in 21.9.4(a), and the notice requirements set out in 21.9.4(b).

 

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

 

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

 

21.9.4 The casual teacher shall, if required,

 

(a)       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

 

(b)       establish by production of documentation acceptable to the Director or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the casual teacher.

 

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

 

21.9.5 The casual teacher must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director of their inability to attend for duty. If it is not reasonably practicable to inform the Director during the ordinary hours of the first day or shift of such absence, the casual teacher will inform the Director within 24 hours of the absence.

 

21.10  Bereavement entitlements for casual teachers

 

21.10.1           Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member described in clause 19.1.3 (b) of the award on production of satisfactory evidence (if required by the Director).

 

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

 

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

 

21.10.4           The casual teacher must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director of their inability to attend for duty. If it is not reasonably practicable to inform the Director during the ordinary hours of the first day or shift of such absence, the casual teacher will inform the Director within 24 hours of the absence.

 

21.11  Non-engagement on Attendance - Where a casual teacher reports for duty in a particular engagement on any day on the basis of a request by an authorised employee and is then advised that her/his services are not required, then the casual teacher shall be entitled to payment for that engagement at the appropriate rate.

 

21.12  Payment

 

21.12.1           A casual teacher shall attend and be paid only for face-to-face teaching in one or more engagements.

 

21.12.2           Casual teachers who perform duty after 5.30 pm or on a weekend shall be paid at the hourly rate of pay appropriate to their classification and year of service.

 

21.13  Incremental Progression - a casual teacher on completing a year of service, irrespective of breaks in that service, shall be entitled to progress to the next incremental step on the common salary scale.

 

22.       Professional Development

 

22.1     AMES and the Federation confirm a commitment to training and development for all teachers and related employees. Teachers and related employees recognise the importance of maintaining and updating their skills. AMES recognises its obligations to provide teachers and related employees with opportunities to maintain and update their skills.

 

22.2     It is the aim of AMES and the Federation that the teachers and related employees of AMES shall be provided with opportunities for training and development so that they will continue to form a highly skilled, competent and committed workforce, experiencing job satisfaction and providing the highest quality service.

 

22.3     In order to develop their skills and to meet the aims and objectives of AMES, teachers and related employees may be provided with the opportunity to move between tasks and functions consistent with their classifications and positions. Such opportunities shall be identified in consultation with teachers and related employees having regard to the professional and career development needs of individuals, target groups, efficient organisation of work and personal considerations.

 

22.4     AMES will facilitate the professional development, skills enhancement and career development opportunities of employees and improve effectiveness through a range of activities.

 

23.       Ames Year

 

23.1     The AMES Year means a period of 50 weeks, excluding the two-week period surrounding Christmas/New Year, during which educational programs may be conducted.

 

23.2     Within the 50 weeks of operation, courses will be scheduled to maximise use of existing accommodation and facilitate access for students.

 

23.3     In each preceding year, Teaching Centre Managers will provide program managers with a plan of courses appropriate to the region for the next academic year.

 

23.4     Subject to Clause 23.5, from the date of commencement of this award, annual leave accrued by teachers during the year must be cleared by 1 February of the following year.

 

23.5     In exceptional circumstances a teacher may be granted permission by the Director to accrue a limited amount of annual leave to meet the exigencies of the particular situation. Any such application must be in writing to the Director and set out the nature of the exceptional circumstances relied upon.

 

23.6     Teachers who elected to accrue annual leave prior to or in 2009 shall be entitled to take such accrued leave, but may only do so in course blocks or in configurations arranged on an agreed basis between the teacher and the operations manager, taking into account the need to minimise disruption to educational programs.

 

23.7     No teacher may be directed to teach beyond eleven consecutive weeks without taking a course break of at least one week.

 

24.       Transfer Procedures

 

24.l      Requested Transfers

 

24.1.1 This procedure provides for transfer of an ongoing teacher at the request of the teacher.

 

24.1.2 An ongoing teacher may apply at any time in writing to transfer from one teaching centre to another.

 

24.1.3 A register of transfer applications will be maintained for each teaching centre. The register will be published annually and a copy forwarded to each teaching centre.

 

24.1.4 Transfer applications will be ranked according to date of receipt.  Where two or more requests are received on the same date priority in ranking will be determined on the basis of the closest recorded home address to the vacancy to be filled.

 

24.1.5 Transfers of eligible teachers will take place once each year on a nominated transfer date prior to the nominal first course date in each year.

 

24.1.6 To be eligible for transfer a teacher must at the date of transfer be on duty or on a form of approved leave.

 

24.1.7 A teacher who is offered a transfer for which that teacher has applied shall be removed from all transfer registers.

 

24.1.8 Requested Transfers will be published in the Staff Bulletin.

 

24.2     Operational Transfers

 

24.2.1 Operational transfers may be directed by the Director at any time in order to meet AMES operational requirements.

 

24.2.2 Except in cases where there are special fitness requirements, for example, a requirement for bilingual teaching, when it is necessary to effect an operational transfer the Director shall first offer the transfer in accordance with the transfer register. If the transfer is not accepted, or if there are no applications for transfer, the Director shall offer the transfer to all teachers in the teaching centre from which the transfer is to be made. If the transfer is not accepted, or if there are two or more applications for transfer, the Director shall nominate for transfer the teacher with the closest recorded home address to the vacancy to be filled.

 

24.2.3 In cases where there is a special fitness requirement the Director shall firstly offer the transfer to all teachers who meet the special fitness requirement. If the transfer is not accepted or if two or more applications to transfer are received, the Director shall nominate for transfer the teacher who meets the special fitness requirement with the closest recorded home address to the vacancy to be filled.

 

24.2.4 A teacher nominated for operational transfer shall be given a minimum of two weeks notice before they are required to transfer.

 

24.2.5 A teacher may apply to the Director to be excluded from operational transfer on compassionate grounds for up to twelve months where there are exceptional and compelling circumstances. Applications for exclusion from operational transfer must contain full and substantiated grounds and supporting documents, where appropriate.

 

24.2.6 Operational transfers shall be considered temporary until the nominated transfer date in each year, at which time the transfers shall be offered in accordance with the procedures set out in subclause 24.1. If a transfer that is offered in accordance with subclause 24.1 is not accepted, the operational transfer will be confirmed and will cease to be considered temporary.

 

25.       Anti-Discrimination

 

25.1     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.

 

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

 

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

 

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

 

25.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

25.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

25.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

26.       Dispute Resolution Procedures

 

26.1     Subject to the provisions of the Industrial Relations Act 1996, the following procedures shall apply:

 

26.1.1 Should any dispute (including a question or difficulty) arise as to matters occurring in a particular workplace then the employee and/or the Federation’s workplace representative shall raise the matter with the appropriate supervisor as soon as practicable.

 

26.1.2 The supervisor shall discuss the matter with the employee and/or the Federation’s representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

26.1.3 Should the above procedure be unsuccessful in producing resolution of the dispute, or in relation to matters where it is inappropriate, or should the matter be of a nature which involves multiple workplaces, then the employee and or the Federation may raise the matter with the Director or the Director’s nominee with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

26.1.4 Where the procedures in paragraph 26.1.3 do not lead to resolution of the dispute, the matter shall be referred to the Deputy Secretary, Corporate Services of the Department and the Branch Secretary of the Federation. They or their nominees shall discuss the dispute with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

26.2     Should the above procedures not lead to a resolution then either party may make application to the Industrial Relations Commission of New South Wales.

 

26.3     While the dispute resolution procedure is being followed, the status quo will remain. The status quo is the situation which prevailed before the cause of the dispute.

 

26.4     Where the subject of the dispute involves the Director or the Director's nominee, the matter may be referred to the Deputy Secretary with responsibility for Corporate Services/Secretary as appropriate.

 

27.       Goods and Services Tax

 

27.1     The parties shall monitor the overall impact of the Commonwealth Government’s goods and services tax through the term of the award. In the event that the Industrial Relations Commission makes a State decision (as defined by section 49 of the Industrial Relations Act 1996) having regard to the impact on wages of the goods and services tax, the Federation reserves the right to make application to the Industrial Relations Commission in relation to that decision.

 

28.       Flexible Working Arrangements

 

28.1     Subject to the operating needs of AMES, where possible, employees should be assisted to deal with family responsibilities through flexible leave and working arrangements in accordance with current Government policy.

 

29.       Deduction of Union Membership Fees

 

29.1     The Federation shall provide the employer with a schedule setting out Federation fortnightly membership fees payable by members of the Federation in accordance with the Federation’s rules.

 

29.2     The Federation shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of Federation fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

29.3     Subject to 29.1 and 29.2 above, the employer shall deduct Federation fortnightly membership fees from the pay of any employee who is a member of the Federation in accordance with the Federation’s rules, provided that the employee has authorised the employer to make such deductions.

 

29.4     Monies so deducted from employees’ pay shall be forwarded regularly to the Federation together with all necessary information to enable the Federation to reconcile and credit subscriptions to employees’ Federation membership accounts.

 

29.5     Unless other arrangements are agreed to by the employer and the Federation, all Federation membership fees shall be deducted on a fortnightly basis.

 

29.6     Where an employee has already authorised the deduction of Federation membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

30.       No Further Claims

 

30.1     Except as provided by the Industrial Relations Act 1996, prior to 31 December 2016, there shall be no further claims by the parties to this award for changes to salaries, rates of pay, allowances or conditions of employment in relation to matters expressly contained in this award.

 

31.       Secure Employment Test Case - Work Health and Safety Obligations

 

31.1     For the purposes of this clause, the following definitions shall apply:

 

31.1.1 A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer

 

31.1.2 A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

31.2     If the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

31.2.1 consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

31.2.2 provide employees of the labour hire business and/or contract business with appropriate work health and safety induction training including the appropriate training required for such employees to perform their jobs safely.

 

31.2.3 provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

31.2.4 ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

31.3     Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

31.4     Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

31.5     This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

32.       Annual Leave Loading

 

32.1     General - Unless more favourable conditions apply to a staff member under another industrial instrument, a staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 32.2 to 32.6 of this clause, the annual leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

 32.2    Loading on additional leave accrued - Where additional leave is accrued by a staff member:-

 

 32.2.1             As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

 32.2.2             If stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading shall continue to be paid on a maximum of 4 weeks leave.

 

32.3     Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

32.3.1 The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

32.3.2 17½% annual leave loading.

 

32.4     Maximum Loading - Unless otherwise provided in an Award or Agreement under which the staff member is paid, the annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

32.5     Leave year - For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

32.6     Payment of annual leave loading - Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:

 

32.6.1 Annual leave loading shall be paid on the first occasion in a leave year, other than the first leave year of employment, when a staff member takes at least two (2) consecutive weeks recreation leave. Where a staff member does not have at least 2 weeks recreation leave available, the staff member may use a combination of recreation leave and any of the following: public holidays, extended leave, leave without pay, time off in lieu, rostered day off. The staff member shall be paid the annual leave loading for such period, provided the absence is at least 2 weeks.

 

32.6.2 If at least two weeks leave, as set out in paragraph 32.6.1 of this subclause, is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year shall be made to the staff member as at 30 November of the current year.

 

32.6.3 While annual leave loading shall not be paid in the first leave year of employment, it shall be paid on the first occasion in the second leave year of employment when at least two weeks leave, as specified in paragraph 32.6.1 of this subclause, is taken.

 

32.6.4 A staff member who has not been paid the annual leave loading for the previous leave year, shall be paid such annual leave loading on resignation, retirement or termination by the employer for any reason other than the staff member's serious and intentional misconduct.

 

32.6.5 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

33.       Sick Leave - Workers Compensation

 

33.1     The Secretary shall advise each staff member of the rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

33.2     A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers Compensation Act 1987 shall be required to lodge a claim for any such compensation.

 

33.3     Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Secretary shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

33.4     The Secretary will ensure that, once received by the Department, a staff member’s workers compensation claim is lodged by the Department with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

33.5     Pending the determination of that claim and on production of an acceptable medical certificate, the Secretary shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member's election by accrued recreation leave or extended leave.

 

33.6     If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

33.7     If a staff member notifies the Secretary that he or she does not intend to make a claim for any such compensation, the Secretary shall consider the reasons for the staff member's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

33.8     A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

33.9     If the Secretary provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

33.10  If there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to Part 3, Division 9 of the Workers Compensation Act 1987, no further sick leave shall be granted on full pay for injuries covered by the commutation.

 

33.11  Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:-

 

33.11.1           The staff member's claim for workers compensation;

 

33.11.2           The conduct of a medical examination by a Government or other Medical Officer;

 

33.11.3           A medical certificate issued by the examining Government or other Medical Officer; or

 

33.11.4           Action taken by the Secretary either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

34.       Special Leave

 

34.1     Special Leave - Jury Service

 

34.1.1 A staff member shall, as soon as possible, notify the Secretary of the details of any jury summons served on the staff member.

 

34.1.2 A staff member who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Secretary a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

 

34.1.3 When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Secretary shall grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Secretary shall grant, at the sole election of the staff member, available recreation leave on full pay or leave without pay.

 

34.2     Witness at Court - Official Capacity - When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at court as a witness in an official capacity shall be paid by the Department.

 

34.3     Witness at Court - Other than in Official Capacity - Crown Witness - A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

34.3.1 Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

34.3.2 Pay into the Treasury of the State of New South Wales all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

34.3.3 Federation Witness - a staff member called by the Federation to give evidence before an Industrial Tribunal or in another jurisdiction shall be granted special leave by the Department for the required period.

 

34.4     Called as a witness in a private capacity - A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member's election, available recreation leave on full pay or leave without pay.

 

34.5     Special Leave - Examinations -

 

34.5.1 Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Secretary.

 

34.5.2 Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

34.5.3 If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the staff member, no further leave is granted for any examination.

 

34.6     Special Leave - Federation Activities - Special leave on full pay may be granted to staff members who are accredited Federation delegates to undertake Federation activities as provided for in clause 35, Trade Union Activities Regarded as Special Leave of this award.

 

34.7     Return Home When Temporarily Living Away from Home - Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements. Such staff member shall be granted sufficient special leave once a month before or after a weekend or a long weekend or, in the case of a shift worker before or after rostered days off to return home to spend two days and two nights with the family. If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or leave without pay, if the operational requirements allow.

 

34.8     Return Home When Transferred to New Location -- Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.

 

34.9     A staff member who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and staff member.

 

34.10  Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 38, Leave for Matters Arising From Domestic Violence, have been exhausted, the Secretary shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

35.       Trade Union Activities Regarded as Special Leave

 

35.1     The granting of special leave with pay will apply to the following activities undertaken by a Federation delegate, as specified below:

 

35.1.1 Annual or biennial conferences of the Federation;

 

35.1.2 Meetings of the Federation’s Executive, Committee of Management or Councils;

 

35.1.3 Annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

35.1.4 Attendance at meetings called by Unions NSW involving the Federation which requires attendance of a delegate;

 

35.1.5 Attendance at meetings called by the Industrial Relations Secretary, as the employer for industrial purposes, as and when required;

 

            

 

35.1.6 Giving evidence before an Industrial Tribunal as a witness for the Federation;

 

35.1.7 Reasonable travelling time to and from conferences or meetings to which the provisions of clauses 35, 36 and 37 apply.

 

36.       Trade Union Activities Regarded as On Duty

 

36.1     A Federation delegate will be released from the performance of normal Departmental duty when required to undertake any of the activities specified below. While undertaking such activities the Federation delegate will be regarded as being on duty and will not be required to apply for leave:

 

36.1.1 Attendance at meetings of the workplace's Work Health and Safety Committee and

 

participation in all official activities relating to the functions and responsibilities of elected Work Health and Safety Representatives at a place of work as provided for in the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 .

 

36.1.2 Attendance at meetings with workplace management or workplace management representatives;

 

36.1.3 A reasonable period of preparation time, before-

 

(a)       meetings with management;

 

(b)       disciplinary or grievance meetings when a Federation member requires the presence of a Federation delegate; and

 

(c)        any other meeting with management,

 

by agreement with management, where operational requirements allow the taking of such time;

 

36.1.4 Giving evidence in court on behalf of the employer;

 

36.1.5 Appearing as a witness before the NSW Industrial Relations Commission for the purposes of a review of promotion or discipline decision;

 

36.1.6 Representing the Federation at NSW Industrial Relations Commission for the purposes of a review of promotion or discipline decision as an advocate;

 

36.1.7 Presenting information on the Federation and Federation activities at induction sessions for new staff of the Department; and

 

36.1.8 Distributing official Federation publications or other authorised material at the workplace, provided that a minimum of 24 hours' notice is given to workplace management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

37.       Trade Union Training Courses

 

37.1 The following training courses will attract the grant of special leave as specified below:-

 

37.1.1 Accredited Work Health and Safety (WH&S) courses and any other accredited WH&S training for WH&S Committee members. The provider(s) of accredited WH&S training courses and the conditions on which special leave for such courses will be granted, shall be negotiated between the Department Head and the Federation.

 

37.1.2 Courses organised and conducted by the Trade Union Education Foundation or by the Federation or a training provider nominated by the Federation. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(a)       The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)       Payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

(c)        All travelling and associated expenses being met by the staff member or the Federation;

 

(d)       Attendance being confirmed in writing by the Federation or a nominated training provider.

 

38.       Leave for Matters Arising from Domestic Violence

 

38.1     The definition of domestic violence is found in clause 3.6 of this award.

 

38.2     Leave entitlements provided for in clause 18, Family and Community Service Leave, clause 17, Sick Leave and clause 19, Personal/Carer’s Leave, may be used by staff members experiencing domestic violence.

 

38.3     Where the leave entitlements referred to in subclause 38.2 are exhausted, the Secretary shall grant Special Leave as per clause 34.10.

 

38.4     The Secretary will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

38.5     Personal information concerning domestic violence will be kept confidential by the agency.

 

38.6     The Secretary where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

39.       Lactation Breaks

 

39.1     This clause applies to staff members who are lactating mothers.  A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this award.

 

39.2     A full-time staff member or a part-time staff member working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

39.3     A part-time staff member working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

39.4     A flexible approach to lactation breaks can be taken by mutual agreement between a staff member and their manager provided the total lactation break time entitlement is not exceeded.  When giving consideration to any such requests for flexibility, a manager needs to balance the operational requirements of the organisation with the lactating needs of the staff member.

 

39.5     The Secretary shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

39.6     Other suitable facilities, such as refrigeration and a sink, shall be provided where practicable.  Where it is not practicable to provide these facilities, discussions between the manager and staff member will take place to attempt to identify reasonable alternative arrangements for the staff member's lactation needs.

 

39.7     Staff members experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association's Breastfeeding Helpline Service or the Public Health System.

 

39.8     Staff members needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave in accordance with clause 17, Sick Leave of this award.

 

40.       Leave Without Pay

 

40.1     The Department Head may grant leave without pay to a staff member if good and sufficient reason is shown.

 

40.2     Leave without pay may be granted on a full-time or a part-time basis.

 

40.3     Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay.

 

40.4     Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of annual leave.

 

40.5     A staff member who has been granted leave without pay shall not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Department Head.

 

40.6     A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

40.7     No paid leave shall be granted during a period of leave without pay.

 

40.8     A permanent appointment may be made to the staff member’s position if:

 

40.8.1 the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

40.8.2 the staff member is advised of the Department’s proposal to permanently backfill their position; and

 

40.8.3 the staff member is given a reasonable opportunity to end the leave without pay and return to their position; and

 

40.8.4 the Department advised the staff member at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

40.9     The position cannot be filled permanently unless the above criteria are satisfied.

 

40.10  The staff member does not cease to be employed by the Department if their position is permanently backfilled.

 

40.11  Subclause 40.8 of this clause does not apply to full-time unpaid parental leave granted in accordance with subparagraph 20.3.1(b) of clause 20, Adoption, Maternity and Parental Leave.

 

41.       Area, Incidence and Duration

 

41.1     This award shall apply to all teachers and related employees employed within the NSW Adult Migrant English Service.

 

41.2     This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the NSW Adult Migrant English Service (Teachers and Related Employees) Award published 22 August 2014 (376 I.G. 766) and all variations thereof.

 

41.3     The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 27 October 2015.

 

41.4     This award commenced on 1 January 2014 and shall remain in force until 31 December 2016.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

	From the first pay period	From the first pay period	From the first pay period
	to commence on or	to commence on or	to commence on or
	after 1.1.2014	after 1.1.2015	after 1.1.2016
	$	$	$
Salary Scale for Ongoing Teachers, Full Time temporary Teachers and Education Officers
Increase	2.27%	2.25%	2.5%
1st Salary Level	56,891	58,171	59,625
2nd Salary Level	59,932	61,280	62,812
3rd Salary Level	62,972	64,389	65,999
4th Salary Level	66,010	67,495	69,182
5th Salary Level	69,485	71,048	72,824
6th Salary Level	72,528	74,160	76,014
7th Salary Level	75,563	77,263	79,195
8th Salary Level	78,605	80,374	82,383
9th  Salary Level	82,299	84,151	86,255
10th Salary Level	89,597	91,613	93,903
Salary Scale for Senior Education Officers
Increase	2.27%	2.25%	2.5%
Senior Education Officer
Class II	120,617	123,331	126,414
Senior Education Officer
Class I
Year 1	102,800	105,113	107,741
Year 2	107,045	109,454	112,190
Year 3	111,292	113,796	116,641
Salary Scale for Operations Managers
Increase	2.27%	2.25%	2.5%
Operations Manager	146,685	149,985	153,735
Casual Teachers
Increase	2.27%	2.25%	2.5%
1st Salary Level	70.05	71.63	73.42
2nd Salary Level	73.81	75.47	77.36
3rd Salary Level	77.55	79.29	81.27
4th Salary Level	81.30	83.13	85.21
5th Salary Level	85.59	87.52	89.71

 

Table 2 - Other Rates

 

Item	Clause	Brief Description	2.27%	2.25%	2.5%
No.	No.		From the first	From the first	From the first
			Pay period to	Pay period to	Pay period to
			commence	commence	commence
			on or after	on or after	on or after
			1.1.2014	1.1.2015	1.1.2016
			$	$	$
1	11	Education Officer after 12 months on
		the maximum of the common salary	3,886	3,973	4,072
		scale
		After a further 12 months on the	3,886	3,973	4,072
		maximum of the common salary scale
2	11.3	Teacher nominated to undertake	6,883	7,038	7,214
		additional responsibilities

 

 

 

 

J. D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.