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New South Wales Industrial Relations Commission
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Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2020
  
Date03/11/2022
Volume391
Part4
Page No.746
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C9372
CategoryAward
Award Code 264  
Date Posted03/11/2022

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(264)

SERIAL C9372

 

Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2020

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education.

 

(Case No. 334627 of 2021)

 

Before Commissioner Murphy

23 December 2021

 

VARIATION

 

1.        Delete clause 1, Arrangement, of award published 15 May 2020 (388 I.G. 1) and insert in lieu thereof the following:

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Dictionary

3.        Salaries

4.        Deduction of Union Membership Fees

5.        Allowances

6.        Salary Progression and Maintenance

7.        Performance and Development Processes for Teachers

8.        Salary Packaging

9.        Initial Appointments

10.      Teaching in More Than One Location

11.      Deferred Salary Scheme

12.      Compensation for Travel on Department Business

13.      Assessment and Reporting and Quality of Educational Outcomes

14.      Teacher Efficiency Process

15.      Teaching Hours for Years 11 and 12

16.      Allocation of Duties in High Schools

17.      Teaching Outside Normal School Hours

18.      Alternative Work Organisation

19.      Teachers Appointed to More than One School

20.      Qualifications, Recruitment and Training

21.      Calculation of Service

22.      Temporary Teachers

23.      Casual Teachers

24.      Relief in TP1 or AP1 position or Principal - Environmental Education Centre or Hospital School Grade

25.      Training and Development

26.      Multi-skilling

27.      Duties as Directed

28.      Other Rates of Pay

29.      Home School Liaison Officers and Aboriginal Student Liaison Officers - Special Conditions

30.      Teachers in Residential Agricultural High Schools -Special Conditions

31.      Dispute Resolution Procedures

32.      No Further Claims

33.      Anti-discrimination

34.      Work Health & Safety

35.      Secondary College of Languages

36.      Educational Paraprofessionals

37.      Australian Professional Standards for Teachers

38.      Area, Incidence and Duration

 

SCHEDULES

 

Schedule 1A - Teacher Salaries - Standards Based Remuneration - 2020 to 2022

Schedule 1B - Salaries - School Counsellor Salaries - Standards Based Remuneration - From 1 July 2020 to 2022

Schedule 1C - Salaries - Education Officers/Home School Liaison Officers/ Aboriginal Student Liaison Officers - From 1 July 2020 to 2022

Schedule 2A - Salaries - Principals - New Classification Structure - 2020 to 2022

Schedule 2B - Salaries - Principals - Former Principal Classification Structure - 2020 to 2022

Schedule 3 - Salaries - Other Promotion Classifications in the Teaching Service

Schedule 4 - Rates of Pay - Casual Teachers - 2020 to 2022

Schedule 5 - Other Rates of Pay - 2020 to 2022

Schedule 6 - Rates of Pay - Educational Paraprofessionals

Schedule 7 - Allowances

Schedule 8 - Locality Allowances

Schedule 9 - Excess Travel and Compensation for Travel on Official Business

Schedule 10 - Special Conditions Covering Home School Liaison Officers and Aboriginal Student Liaison Officers

Schedule 11 - Special Conditions Covering Teachers at Residential Agricultural High Schools

Schedule 12 - Secondary College of Languages - 2022

Schedule 13 - Australian Professional Standards for Teachers

 

2.        Substitute references to "Saturday School of Community Languages" with "Secondary College of Languages", wherever it appears in in the award.

 

3.        Substitute the word "shall" with "must" where it appears in subclauses 2.20, 4.3, 4.4, 4.5, 9.1, 15.2 and 27.3.

 

4.        Delete subclauses 2.28 and 2.29 of clause 2, Dictionary, and renumber the existing subclauses accordingly and update references to the renumbered subclauses wherever it appears in the Award.

 

5.        Delete clause 3, Salaries, and insert in lieu thereof the following:

 

3.  Salaries

 

Teachers

 

3.1      Salaries and rates of pay for teachers and teachers at the Secondary College of Languages, education officers, home school liaison officers, Aboriginal student liaison officers and counsellors shall be paid in accordance with this clause and Schedules 1A, 1B, 1C, 4, 5, 12. These salaries will be increased by:

 

3.1.1   2.5% from the first pay period commencing on or after 1 January 2020;

 

3.1.2   2.28% from the first pay period commencing on or after 1 January 2021; and

 

3.1.3   2.04% from the first pay period commencing on or after 1 January 2022.

 

Principals

 

3.2      Salaries and rates of pay for principals shall be paid in accordance with this clause and Schedules 2A and 2B. These salaries will be increased by:

 

3.2.1   2.5% from the first pay period commencing on or after 1 January 2020;

 

3.2.2   2.28% from the first pay period commencing on or after 1 January 2021, and

 

3.2.3   2.04% from the first pay period commencing on or after 1 January 2022.

 

Other Promotions Classifications in the Teaching Service

 

3.3      Salaries and rates of pay for the officers and temporary employees shall be paid in accordance with this clause and Schedule 3. These salaries will be increased by:

 

3.3.1   2.5% from the first pay period commencing on or after 1 January 2020;

 

3.3.2   2.28% from the first pay period commencing on or after 1 January 2021; and

 

3.3.3   2.04% from the first pay period commencing on or after 1 January 2022.

 

Allowances

 

3.4      Allowances under this award will be increased by:

 

3.4.1   2.5% from the first pay period commencing on or after 1 January 2020;

 

3.4.2   2.28% from the first pay period commencing on or after 1 January 2021 and

 

3.4.3   2.04% from the first pay period commencing on or after 1 January 2022.

 

Teachers

 

3.5      The rates of pay for teachers will be in accordance with the teacher’s level of accreditation on commencement of employment.

 

3.5.1   A teacher with accreditation at Graduate will commence on the Band 1 salary.

 

3.5.2   A teacher with accreditation at Proficient will commence on the Band 2 salary.

 

3.5.3   A teacher with accreditation at Highly Accomplished/Lead will commence on the Band 3 salary.

 

The salary bands are as follows.

 

Band 1

(Graduate)

Band 2

(Proficient)

Band 2

(Proficient) Band 2.1

Band 2

(Proficient) Band 2.2

Band 2

(Proficient) Band 2.3

Band 3

(Highly Accomplished/Lead)

 

3.6      Salary progression from Band 1 to Band 2 will take effect from the first full pay period after confirmation of proficient accreditation by the Teacher Accreditation Authority for teachers who have been employed for a minimum of two years full time and subject to the satisfactory performance of their duties. For those teachers who have confirmation of accreditation at Proficient but do not have two years full time service, progression from Band 1 to Band 2 will take effect from the first full pay period after the completion of two years of full time service.

 

3.7      Salary progression from Band 2.0 to 2.1 will take effect from the first full pay period after the completion of two years full time service at Band 2.0 for those teachers who continue to meet the requirements of proficient accreditation, including maintenance and subject to the satisfactory performance of their duties.

 

3.8      Salary progression from Band 2.1 to 2.2 and from 2.2 to 2.3 will take effect from the first full pay period after the completion of one year of full time service for those teachers who continue to meet the requirements of proficient accreditation, including maintenance and subject to the satisfactory performance of their duties. 

 

3.9      Salary progression from Band 2.3 to Band 3 will take effect from the first full pay period after confirmation of Highly Accomplished/Lead accreditation by the Teacher Accreditation Authority for teachers who have been remunerated at Band 2.3 for a minimum of one year full time and subject to satisfactory performance of their duties. For those teachers who have confirmation of accreditation at Highly Accomplished/Lead but do not have one year of full time service at Band 2.3, progression from Band 2.3 to Band 3 will take effect from the first full pay period after the completion of one year of full time service at Band 2.3

 

3.10    For the purpose of salary progression, one year of full time service is 203 days.

 

3.11    Payment of salaries under this clause is conditional upon a teacher maintaining the appropriate level of accreditation.

 

3.12    Salaries and rates of pay for teachers shall be paid in accordance with clauses 3.5 to 3.12 and Schedule 1A.

 

School Counsellors

 

3.13    The rates of pay for school counsellors will be in accordance with the school counsellor’s level of registration and or teachers accreditation on commencement of employment.

 

3.13.1 A school counsellor with eligibility for registration with the Psychology Board will commence on the Band 1 salary.

 

3.13.2 A school counsellor with established certification against the Professional Practice Framework (PPF) and a minimum of provisional registration with the Psychology Board will commence on the Band 2 salary.

 

3.13.3 A school counsellor with evidence against the PPF, full registration with the Psychology Board and proficient accreditation with NESA will commence on the Band 3 salary.

 

3.13.4 A school counsellor who is an existing teacher with the Department at the time of commencing employment as a school counsellor will be paid no less than the applicable classroom teacher rate from Schedule 1A, up to a maximum of Band 2.3, on commencement as a school counsellor.

 

The salary bands are as follows.

 

Band 1

Eligibility for registration with the Psychology Board

Band 2

Established Certification against the PPF and a minimum of Provisional

 

registration with the Psychology Board.

Band 2

(Established Certification) Band 2.1

Band 2

(Established Certification) Band 2.2

Band 2

(Established Certification) Band 2.3

Band 3

Advanced Certification against the PPF, full registration by the Psychology

 

Board and accreditation at proficient by NESA.

 

3.14    Salary progression from Band 1 to Band 2 will take effect from the first full pay period after confirmation of established certification against the PPF and a minimum of provisional registration with the Psychology Board for school counsellors who have been employed for a minimum of two years full time and subject to the satisfactory performance of their duties. For those school counsellors who have confirmation of established certification against the PPF and a minimum of provisional registration with the Psychology Board but do not have two years full time service, progression from Band 1 to Band 2 will take effect from the first full pay period after the completion of two years of full time service.

 

3.15    Salary progression from Band 2.0 to 2.1 will take effect from the first full pay period after the completion of two years full time service at Band 2.0 for those school counsellors who continue to meet the requirements of registration with the Psychology Board and subject to the satisfactory performance of their duties.

 

3.16    Salary progression from Band 2.1 to 2.2 and from 2.2 to 2.3 will take effect from the first full pay period after the completion of one year of full time service for those school counsellors who continue to meet the requirements of registration with the Psychology Board and subject to the satisfactory performance of their duties. 

 

3.17    Salary progression from Band 2.3 to Band 3 will take effect from the first full pay period after advanced certification against the PPF in accordance with the procedures implemented by the Department, full registration by the Psychology Board and accreditation at proficient or higher by NESA for school counsellors who have been remunerated at Band 2.3 for a minimum of one year full time and subject to satisfactory performance of their duties. For those school counsellors who have  advanced certification against the PPF in accordance with the procedures implemented by the Department, full registration by the Psychology Board and accreditation at proficient or higher by NESA but do not have one year of full time service at Band 2.3, progression from Band 2.3 to Band 3 will take effect from the first full pay period after the completion of one year of full time service at Band 2.3

 

3.18    For the purpose of salary progression, one year of full time service is 203 days.

 

3.19    Payment of salaries under this clause is conditional upon a school counsellor maintaining the appropriate level of registration/certification/accreditation.

 

3.20    Salaries and rates of pay for school counsellors shall be paid in accordance with clauses 3.13 to 3.19 and Schedule 1B.

 

Education Officers/HSLO/ASLO/ - Salary Scale - From 1 July 2020

 

3.21    Education Officers, Home School Liaison Officers and Aboriginal Student Liaison Officers who are not eligible for standards based remuneration will be remunerated on the salary scale at Schedule 1C. Salaries and rates of pay for EO’s/HLSO’s/ASLO’s shall be paid in accordance with clauses 3.21 to 3.23 and Schedule 1C.

 

3.22    Minimum salaries on commencement of employment and maximum salaries for those classifications remunerated on the salary scale in Schedule at 1C are set out in the table below:

 

Classification

Minimum starting salary

Maximum salary

 

 

 

Education officers and Aboriginal student

 

 

liaison officers:

 

 

Non graduates

Step 5

Step 13

Graduates without teacher training

Step 5

Step 13

Graduates with five years of training

Step 6

Step 13

 

3.23    Subject to clause 6, Salary Progression and Maintenance, clause 21, Calculation of Service, officers and temporary employees shall progress without change to their incremental date by way of annual increments to Step 13 on the salary scale as set out in Schedule 1C.

 

Principal Classification Structure

 

3.24    Principals will be classified as follows and paid in accordance with Schedule 2A.

 

3.24.1 Teaching Principal (TP1) or Associate Principal

 

3.24.2 Teaching Principal (TP2) or Associate Principal

 

3.24.3 Principal 1 (P1)

 

3.24.4 Principal 2 (P2)

 

3.24.5 Principal 3 (P3)

 

3.24.6 Principal 4 (P4)

 

3.24.7 Principal 5 (P5)

 

3.25    The rate of pay for a principal will provide for a base principal salary and a complexity loading for principals in the classifications of P2, P3, P4 and P5.

 

3.26    The principal classification in is derived from the school funding allocation as prescribed by the Purpose of Funding for the Principal Classification document.

 

3.27    An annual review of funding thresholds will take place linked to the release of the school funding allocations and from the previous school year.

 

3.28    Base salaries and complexity loadings will be adjusted where applicable in accordance with subclause 3.2.

 

3.29    In circumstances where the application of the school funding allocation to a school results in a higher principal classification, the principal will, while they remain at that school, receive the new salary effective from Day 1, Term 1 of the following year.

 

3.30    In circumstances where the application of the school funding allocation to a school results in a lower principal classification, the principal will, while they remain at that school, retain their classification, complexity loading and salary for a period of three years effective from Day 1, Term 1 of the following year.

 

At the end of the three year period, the principal’s classification, complexity loading and salary will revert to the relevant level in accordance with Schedule 2A.

 

3.31    Principals who hold a substantive principal position and choose to remain on the former principal classification structure will be remunerated according to Schedule 2B under the previous enrolment based classification and review procedure with salaries increased in accordance with clause 3.2.

 

6.        Delete clause 6, and insert in lieu thereof the following:

 

6.  Salary Progression and Maintenance

 

6.1      Salary progression for teachers under standards based remuneration will occur in accordance with the provisions of subclauses 3.5 to 3.12.

 

6.2      Salary progression for school counsellors under standards based remuneration will occur in accordance with the provisions of subclauses 3.13 to 3.19.

 

6.3      All progression for temporary teachers is subject to the provisions of subclause 22.4 of clause 22, Temporary Teachers.

 

6.4      Those officers prescribed at subclause 3.21 shall be entitled to progress along or be maintained on the salary scale after each 203 days of service subject to the officer demonstrating continuing efficiency in teaching practice via an annual performance and development plan, satisfactory performance and professional growth for the life of this award.

 

6.5      A temporary teacher relieving in a TP1 or AP1 position or Principal - Environmental Education Centre or Hospital School or Grade 1 position under clause 24, Relief in TP1 or AP1 or Principal - Environmental Education Centre or Hospital School or Grade 1 Positions, shall be entitled to be maintained at that salary level subject to the provisions of subclause 22.4 of clause 22, Temporary Teachers.

 

7.        Delete clause 22, Temporary Teachers, and insert in lieu thereof the following:

 

22.  Temporary Teachers

 

22.1    From January 2001, temporary teachers were entitled to pro rata salary and conditions of permanent teachers, other than the provisions at clause 11, Deferred Salary Scheme.

 

22.2    The Department will maintain the following practice: when a teacher has occupied a single substantive part time position for more than two years and it is expected that the position will continue, the teacher may apply for conversion to permanent part time status in that position.

 

22.3    The Department will seek to maximise the filling of vacancies in schools by the appointment of permanent teachers, including permanent part time teachers, where reasonably practical.

 

22.4    Subject to the provisions of clause 21, and the temporary teacher/school counsellor demonstrating continuing efficiency in teaching/counselling practice via an annual performance and development plan, satisfactory performance and professional growth, shall be entitled to be maintained on the salary level for a promotions position after each 12 months of service. Salary progression for temporary teachers and school counsellors under standards based remuneration will occur in accordance with the provisions of subclauses 3.5 to 3.12 and 3.13 to 3.19 respectively.

 

22.5    Subject to the provisions of clause 21, and demonstrating continuing efficiency in teaching practice via an annual performance and development plan, satisfactory performance and professional growth, those employed temporarily in classifications prescribed at subclause 3.21 shall be entitled to progress or to be maintained on the salary level for a promotions position after each 12 months of service or to progress to the next step of the salary scale following the completion of 203 days of service irrespective of breaks in that service.

 

8.        Delete the words "From 1 July 2020"after subclause 23.8 of clause 23, Casual Teachers.

 

9.        Delete paragraphs 31.1.3 and 31.1.4 of subclause 31.1 of clause 31, Dispute Resolution Procedures, and insert in lieu thereof the following:

 

31.1.3 Should the above procedure be unsuccessful in producing resolution of the dispute or should the matter be of a nature which involves multiple workplaces, then the employee and or the Federation may raise the matter with an appropriate officer of the Department, either the  Director, Educational Leadership or  at the Executive Director level, with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

31.1.4 Where the procedures in paragraph 31.1.3 do not lead to resolution of the dispute, the matter shall be referred to the Chief People Officer 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.

 

10.      Delete paragraph 34.1.1 of subclause 34.1 of clause 34, Work, Health & Safety and insert in lieu thereof the following:

 

34.1.1 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

 

11.      Delete clauses 35A and 35B and insert in lieu thereof the following:

 

35.  Secondary College of Languages

 

35.1    The conditions of employment and rates of pay for employees (that term is defined in subclause 2.8 of Schedule 12) at the Secondary College of Languages are exclusively as provided for in Schedule 12 to this award.

 

35.2    Such employment under Schedule 12 of this award is separate from any employment addressed elsewhere in this award under the Teaching Service Act.

 

12.      Delete Schedules 1A to 7 and insert in lieu thereof the following:

 

sCHEDULE 1A

 

TEACHER SALARIES - STANDARDS BASED REMUNERATION 2020-2022

 

The following salary scale applies to teachers.

 

Band/Level of Accreditation

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Band 1(Graduate)

70,652

72,263

73,737

Band 2(Proficient)

85,214

87,157

88,935

Band 2.1

92,492

94,601

96,531

Band 2.2

96,138

98,330

100,336

Band 2.3

105,376

107,779

109,978

Band 3 (Highly

112,163

114,720

117,060

Accomplished/Lead)

 

 

 

 

sCHEDULE 1b

 

SCHOOL COUNSELLOR SALARIES – 1 July 2020 to 2022

 

The following salary scale applies to school counsellors.

 

Band/Level of Accreditation

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Band 1 (Eligibility for registration with the Psychology Board)

70,652

72,263

73,737

Band 2 (Proficient accreditation against the PPF and a minimum of provisional registration with the Psychology Board.)

85,214

87,157

88,935

Band 2.1

92,492

94,601

96,531

Band 2.2

96,138

98,330

100,336

Band 2.3

105,376

107,779

109,978

Band 3 (Evidence against the PPF, full registration by the Psychology Board and accreditation at proficient by NESA.)

112,163

114,720

117,060

 

Schedule 1c

 

Home School Liaison Officer, Aboriginal Student Liaison Officer, Education Officer - SALARY SCALE – 1 July 2020 to 2022

 

The following salary scale applies to existing education officers, home school liaison officers, and Aboriginal student liaison officers who are unable to achieve accreditation with NESA.

 

Current Salary steps

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Step 13

105,376

107,779

109,978

Step 12

96,138

98,330

100,336

Step 11

92,492

94,601

96,531

Step 10

88,853

90,879

92,733

Step 9

85,214

87,157

88,935

Step 8

81,576

83,436

85,138

Step 7

77,932

79,709

81,335

Step 6

74,288

75,982

77,532

Step 5

70,652

72,263

73,737

 

SCHEDULE 2a

 

PRINCIPAL CLASSIFICATION STRUCTURE 2020-2022

 

Classification

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Teaching Principal

121,273

124,038

126,568

1(TP1) or Associate

 

 

 

Principal Teaching

141,594

144,822

147,776

Principal 2(TP2) or

 

 

 

Associate Principal

 

 

 

P1

145,479

148,796

151,831

 

(Base level)

(Base level)

(Base level)

P2

156,584

160,154

163,421

 

(Base level + 11,105 complexity loading)

(Base level + 11,358 complexity loading)

(Base level + 11,590 complexity loading)

P3

173,525

177,481

181,102

 

(Base level + 28,046 complexity loading)

(Base level +28,685 complexity loading)

(Base level +29,271 complexity loading)

P4

181,113

185,242

189,021

 

(Base level + 35,634 complexity loading)

(Base level + 36,446 complexity loading)

(Base level +37,190 complexity loading)

P5

186,665

190,921

194,816

 

(Base level + 41,186 complexity loading)

(Base level + 42,125 complexity loading)

(Base level +42,985 complexity loading)

 

SCHEDULE 2b

 

FORMER PRINCIPAL CLASSIFICATION STRUCTURE 2020-2022

 

The following salary scale applies to existing principals who did not opt-in to the principal classification structure at 2A. 

 

Table 1

 

Classification

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

High School Principal

 

 

 

Grade 1 (PH1)

181,113

185,242

189,021

Grade 2 (PH2)

173,525

177,481

181,102

Central School Principal

 

 

 

PC1

171,027

174,926

178,494

PC2

157,712

161,308

164,599

PC3

151,325

154,775

157,932

PC4

146,244

149,578

152,629

Primary School Principal

 

 

 

PP1

169,370

173,232

176,766

PP2

156,184

159,745

163,004

PP3

149,856

153,273

156,400

PP4

144,829

148,131

151,153

PP5

141,594

144,822

147,776

PP6

121,273

124,038

126,568

Principal - Environmental Education Centre or

 

 

 

Hospital School Grade 2

141,594

144,822

147,776

Principal - Environmental Education Centre or

 

 

 

Hospital School Grade 1

121,273

124,038

126,568

 

Table 2

 

Classification

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Executive Principal, Connected Communities

200,134

204,697

208,873

 

Note: The new principal classification structure which commenced in 2016 does not apply to the position of Executive Principal, Connected Communities.

 

SCHEDULE 3

 

OTHER PROMOTIONS CLASSIFICATIONS IN THE TEACHING SERVICE – 2020-2022

 

Classification

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

School based teaching service

 

 

 

High School Deputy Principal

141, 594

144,822

147,776

Deputy Principal (Secondary) Central School

141,594

144,822

147,776

Primary School Deputy Principal

141,594

144,822

147,776

Deputy Principal (Primary) Central School

141,594

144,822

147,776

Assistant Principal Primary School

121,273

124,038

126,568

Assistant Principal Central School

121,273

124,038

126,568

Head Teacher High School

121,273

124,038

126,568

Head Teacher Central School

121,273

124,038

126,568

Leader, Psychology Practice

141,594

144,822

147,776

Senior Psychologist, Education (formerly District Guidance Officer)

121,273

124,038

126,568

Senior Assistant in Schools

108,118

110,583

112,839

Non School based teaching service

 

 

 

Principal Education Officer

157,891

161,491

164,785

Senior Education Officer Class 2

142,302

145,546

148,515

Senior Education Officer Class 1

 

 

 

Year 1

121,273

124,038

126,568

Year 2

126,284

129,163

131,798

Year 3

131,295

134,289

137,028

 

Schedule 4

 

Rates of Pay - Casual Teachers and SCHOOL COUNSELLORS

 

Table 1

 

Teachers

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Band 1

365.45

373.78

381.41

Band 2

440.76

450.81

460.01

 

Table 2

 

In the case of casual teachers relieving in positions of TP1 or AP1 or as a principal - environmental education centre or hospital school Grade 1, subject to satisfying the requirements, the daily rate of pay shall be as follows:

 

 

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Casual TP1/AP1

 

 

 

Principal Environmental Education Centre or

627.27

641.57

654.66

Hospital School Grade 1

 

 

 

 

Schedule 5

 

Other Rates of Pay

 

Classification

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

$

$

$

 

Per day

Per day

Per day

Increase

2.5%

2.28%

2.04%

Teacher in Charge

27.57

28.20

28.78

Demonstration Schools

11.43

11.69

11.93

Teachers of classes of students with disabilities

15.61

15.97

16.30

 

SCHEDULE 6

 

EDUCATIONAL PARAPROFESSIONAL 2020-2022

 

 

Salary from the first pay period to commence on or after 1.1.2020

Salary from the first pay period to commence on or after 1.1.2021

Salary from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Step 1

59,731

61,093

62,339

Step 2

63,712

65,165

66,494

Step 3

67,013

68,541

69,939

Schedule 7

 

ALLOWANCES

 

Table 1

 

 

Rates from the first pay period on or after 1.1.2020

Rates from the first pay period on or after 1.1.2021

Rates from the first pay period on or after 1.1.2022

Increase

2.5%

2.28%

2.04%

Schools

 

 

 

Home School Liaison Officer and Aboriginal Student Liaison Officer

3,094

3,165

3,230

Teacher in Charge

4,793

4,902

5,002

Year Adviser

4,251

4,348

4,437

Teachers other than the principal of classes of students with disabilities

2,717

2,779

2,836

Principals, schools for specific purposes

3,539

3,620

3,694

Principal of Stewart House

18,055

18,467

18,844

In a central school - DP (Primary) AP

2,153

2,202

2,247

Demonstration Schools

 

 

 

Principal - formerly classified prior to 1 January 2016 as:

 

 

 

Class PP1

3,125

3,196

3,261

Class PP2

2,773

2,836

2,894

Other promotion positions

2,430

2,485

2,536

Trained teacher

1,974

2,019

2,060

Demonstration lessons

 

 

 

Teachers in schools required to take demonstration lessons:  per lesson

55.62

56.89

58.05

In other schools

 

 

 

Per half hour lesson

67.26

68.79

70.19

Per 40 minute lesson

89.64

91.68

93.55

Maximum per annum

5,065

5,180

5,286

Residential Agricultural High Schools

 

 

 

Rostered supervision teachers

11,959

12,232

12,482

Head Teacher (Welfare) residential supervision allowance

1,992

2,037

2,079

Teacher in charge of residential supervision

2,047

2,094

2,137

Principal on call and special responsibility allowance

18,055

18,467

18,844

Deputy principal on call and special responsibility allowance

16,313

16,685

17,025

Supervisor of female students

 

 

 

Up to 200 students

2,133

2,182

2,227

201-400 students

3,433

3,511

3,583

More than 400 students

4,251

4,348

4,437

Education Officers

 

 

 

Non Graduate

 

 

 

Year 2

5,489

5,614

5,729

Year 1

5,489

5,614

5,729

Graduate

 

 

 

Year 2

4,288

4,386

4,475

Year 1

4,288

4,386

4,475

 

Table 2

 

 

Amount (*)

Executive Principal, Connected Communities

50,000

 

(*)       Allowance payable subject to the Executive Principal, Connected Communities satisfying the provisions of subclause 5.9.

 

13.      Delete subparagraph (iv) of paragraph 1.1.6 of subclause 1.1 of clause 1, Definitions of Schedule 8, Locality Allowances, and insert in lieu thereof the following:

 

(iv)     For the purposes of subparagraphs (i) and (ii) of this paragraph, the amounts which travel costs and charges must exceed are as follows:

 

From the first pay period to commence on or after 1.1.2020

From the first pay period to commence on or after 1.1.2021

From the first pay period to commence on or after 1.1.2022

$

$

$

39

40

41

 

14.      Delete subclause 2.4 of clause 2, Part A - Allowances - Climatic Disability, of Schedule 8 and insert in lieu thereof the following:

 

2.4      Allowances under subclauses 2.1 and 2.2 are as follows:

 

Subclause No.

Climatic Allowances

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

 

$

$

$

 

Increase

2.5%

2.28%

2.04%

2.1

Teacher without dependent partner

1,460

1,493

1,523

 

Teacher with dependent partner

1,726

1,765

1,801

2.2

Teacher without dependent partner

738

755

770

 

Teacher with dependent partner

984

1,006

1,027

 

15.      Delete subclauses 3.1 to 3.3 of clause 3, Part B - Allowances - Isolation from Socio Economic Goods and Services of Schedule 8 and insert in lieu thereof the following:

 

3.1      A teacher appointed to a school included in Appendix A of this schedule shall be paid the following allowances

 

 

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Group

 

 

 

1

4,795

4,904

5,004

2

4,315

4,413

4,503

3

3,834

3,921

4,001

4

3,357

3,434

3,504

5

2,875

2,941

3,001

6

2,400

2,455

2,505

7

1,922

1,966

2,006

8

1,441

1,474

1,504

9

965

987

1,007

10

480

491

501

 

3.2      A teacher with a dependent partner shall receive double the allowance prescribed in subclause 3.1 of this clause.

 

3.3      Subject to clause 7 of this schedule, a teacher entitled to an allowance under subclause 3.1 of this clause and with a dependent child or children shall be paid the following additional allowances -

 

 

1st dependent child rates from the first pay period to commence on or after 1.1.2020

1st dependent child rates from the first pay period to commence on or after 1.1.2021

1st dependent child rates from the first pay period to commence on or after 1.1.2022

 

Per annum

Per annum

Per annum

 

$

$

$

Increase

2.5%

2.28%

2.04%

Group 1

574

587

599

Group 2

501

512

522

Group 3

423

433

442

Group 4

349

357

364

Groups 5 and 6

277

283

289

 

2nd and subsequent dependent child rates from the first pay period to commence on or after 1.1.2020

2nd and subsequent dependent child rates from the first pay period to commence on or after 1.1.2021

2nd and subsequent dependent child rates from the first pay period to commence on or after 1.1.2022

 

Per annum

Per annum

Per annum

 

$

$

$

Group 1

386

395

403

Group 2

317

324

331

Group 3

239

244

249

Group 4

167

171

174

Groups 5 and 6

91

93

95

 

16.      Delete the table of clause 4 of Part C - Allowances - Motor Vehicle, Schedule 8 and insert in lieu thereof the following:

 

Group

Rates from the first pay period to commence on or after 1.1.2020

Rates from the first pay period to commence on or after 1.1.2021

Rates from the first pay period to commence on or after 1.1.2022

 

$

$

$

Increase

2.5%

2.28%

2.04%

Groups 1, 2 and 3

2,577

2,636

2,690

Groups 4,5 and 6

1,294

1,324

1,351

 

17.      Delete subclause 5.3 of clause 5, Part D - Allowances - Vacation Travel Expense - Subject to Clause 7 of this Schedule, of Schedule 8, and insert in lieu thereof the following:

 

5.3      For the purposes of subclause 5.2, the amount of overnight expenses are as follows:

 

From the first pay period to commence on or after 1.1.2020

From the first pay period to commence on or after 1.1.2021

From the first pay period to commence on or after 1.1.2022

$

$

$

45

46

47

 

18.      Delete paragraph 6.6.1 of subclause 6.6 of clause 6, Part E - Reimbursement of Certain Expenses Related to Medical or Dental Treatment, of Schedule 8 and insert in lieu thereof the following:

 

6.6.1   In any such case, the Secretary shall reimburse to the teacher the amount by which any premium or contribution incurred in so doing exceeds the following amounts:

 

From the first pay period to commence on or after 1.1.2020

From the first pay period to commence on or after 1.1.2021

From the first pay period to commence on or after 1.1.2022

$

$

$

39

40

41

 

19.      Delete subclauses 3.3 and 3.4 of clause 3, Payment for Excess Travel Time, of Schedule 9, Part A and insert in lieu thereof the following:

 

3.3      Teachers who are in receipt of a salary in excess of the rate applicable to Band 2.1 as set out in Schedule 1A, shall be paid travelling time calculated at the rate applicable to the abovementioned rate.

 

20.      Delete subclause 4.1 of clause 4, Payment for Excess Travel of Schedule 9, Part A, and insert in lieu thereof the following:

 

4.1      All travelling costs reasonably incurred because of excess travel for the use of a private motor vehicle shall be paid on the basis of cents per kilometre at two rates as follows:

 

4.1.1   up to 8,000 km per annum - 72 cents per km;

 

4.1.2   over 8,000 km per annum - 28.8 cents per km.

 

Provided that these rates shall be adjusted pursuant to and in accordance with the rates as approved from time to time by the Premier’s Department.

 

21.      Delete clause 8, Official Business and Casual Rate, of Schedule 9, Part B and insert in lieu thereof the following:

 

8.  Official Business and Casual Rate -

 

Clause of Schedule

Rate/

Cents Per Km

which applies

 

 

5

Official Business Rate

0 - 8,000 km

8,001 km or more

 

per annum

per annum

 

 

72.0

28.8

6

Casual Rate

28.8

 

Provided that these rates shall be adjusted pursuant to and in accordance with the rates as approved from time to time by the Secretary, Department of Premier and Cabinet.

 

22.      Delete subclause 1 of Schedule 10 and insert in lieu thereof the following:

 

1.        Officers who are employed as teachers and persons who, in the opinion of the Secretary, have the appropriate qualifications to be employed as teachers Shall be eligible to apply for appointment as Home School Liaison Officers.

 

23.      Delete subclause 17, of Schedule 10 and insert in lieu thereof the following:

 

17.      A person with a current approval to teach appointed as a home school liaison officer will, on completion of the period of their appointment, elect to be appointed, pursuant to Section 47 of the Teaching Service Act, as a permanent teacher with priority to all other persons on any teacher employment waiting list. This permanent appointment will not be probationary as provided for in Section 48 of the Teaching Service Act. The home school liaison officer may always elect to accept a temporary appointment as a teacher.

 

24.      Delete schedules 12A and 12B and insert in lieu thereof the following:

 

SCHEDULE 12

 

Secondary College of Languages

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Employment Jurisdiction

4.        Recruitment and Appointment

5.        Allocation to Centres and Classes

6.        Duties as Directed

7.        Remuneration

8.        Travel Expenses

9.        Training and Development

10.      Recognition of Service

11.      Anti-Discrimination

12.      Parental Leave and Other Entitlements

13.      Dispute Resolution Procedures

14.      Deduction of Union Membership Fees

15.      Work, Health and Safety

 

Table 1 - Remuneration, Monetary Rates

 

2.  Definitions

 

2.1      “Accredited” means a teacher who has demonstrated the Australian Professional Standards for Teachers at the level of Proficient, Highly Accomplished or Lead and has been accredited as such by a Teacher Accreditation Authority.

 

2.2      “Anti-Discrimination Act” means the Anti-Discrimination Act 1977

 

2.3      "Assistant Supervisor" means an employee who assists the Supervisor and who acts in his/her capacity during the absence of the Supervisor.

 

2.4      "Centre" means a location at which language teaching and learning is conducted by the Secondary College of Languages.

 

2.5      "Casual Secondary College of Languages Teacher" means an employee who is engaged on an hourly rate of pay in the Teaching Service at the Secondary College of Languages.

 

2.6      "Curriculum Co-ordinator" means an employee who assists the Centre Supervisor and the Principal, Secondary College of Languages in curriculum implementation; development of curriculum resources and provision of advice on language teaching methodology.

 

2.7      "Department" means the Department of Education.

 

2.8      “Employee” means a person employed as a supervisor, assistant supervisor, curriculum coordinator or teacher at the Secondary College of Language by the Secretary or delegate under the provisions of the Teaching Service Act.

 

2.9      "Federation" means the Australian Education Union NSW Teachers Federation Branch.

 

2.10    “Industrial Relations Act” means the Industrial Relations Act 1996

 

2.11    "Industrial Relations Commission" means the Industrial Relations Commission of New South Wales established by the Industrial Relations Act.

 

2.12    "Parties" means the Department and the Federation.

 

2.13    "Principal, Secondary College of Languages" means the officer appointed by the Secretary to be responsible for the operation of the Secondary College of Languages.

 

2.14    "Secondary College of Language Teacher" means an employee responsible as part of a team for the educational instruction of students in a community language.

 

2.15    "Secondary College of Languages" means a multi-location facility established by the Department to provide an avenue for students of a particular community language background to pursue the study of that language which cannot otherwise be studied in the student’s regular school.

 

2.16    "Secretary" means the Secretary of Education.

 

2.17    “Sessional Secondary College of Language Teacher or other employee” means an employee who is employed as a supervisor, assistant supervisor or curriculum co-ordinator on a temporary basis. The definition of temporary teacher provided for in subclause 2.62 of the award does not include sessional Secondary College of Language teacher.

 

2.18    "Supervisor" means an employee who co-ordinates a team of assistant supervisors, curriculum co-ordinators, teachers and clerical staff and is responsible for the educational and administrative leadership at an operating location of the Secondary College of Languages.

 

2.19    “Teacher Accreditation Act” means the Teacher Accreditation Act 2004.

 

2.20    “Teacher Accreditation Authority” means the person or body delegated by the Secretary of the Department of Education under the Teacher Accreditation Act to accredit in government schools.

 

2.21    “Teaching Service Act” means the Teaching Service Act 1980.

 

2.22    “Temporary Employee” means and includes all persons employed on a temporary basis, other than on a casual basis under the Teaching Service Act.

 

3.  Employment Jurisdiction

 

3.1      Casual Secondary College of Language teachers and sessional Secondary College of Language supervisors, assistant supervisors and curriculum co-ordinators are employed in accordance with the Teaching Service Act.

 

4.  Recruitment and Appointment

 

4.1      Employees covered by this schedule are engaged to teach in the Department's Secondary College of Languages.

 

4.2      Offers of appointment and continuing employment during periods of appointment will continue and be conditional on:

 

4.2.1   the Secondary College of Languages' ongoing need for the service provided; and

 

4.2.2   satisfactory performance of duties.

 

4.3      Satisfactory performance of duties shall be appraised by participation in the Performance Development Framework.

 

4.4      Appointments shall be made on merit and shall be subject to the qualification requirements as specified in subclause 4.5 of this clause.

 

4.5      Secondary College of Language supervisors, assistant supervisors, curriculum co-ordinators and teachers must be accredited.

 

5.  Allocation to Centres and Classes

 

5.1      Allocation of employees to Centres and classes shall be the responsibility of the Principal, Secondary College of Languages.  The Principal shall consider the following matters in the allocation to Centres and classes:

 

5.1.1   continuity of educational programs;

 

5.1.2   distance travelled from home to centre; and

 

5.1.3   curriculum needs of the centre.

 

6.  Duties as Directed

 

6.1      The Secretary, his/her delegate, nominee or representative may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classifications covered by the award and provided that such duties are not designed to promote de-skilling.

 

6.2      The Secretary may direct an 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.

 

6.3      Any directions issued by the Secretary pursuant to subclauses 6.1 and 6.2 of this clause shall be consistent with the Secretary’s responsibility to provide a safe and healthy working environment.

 

7.  Remuneration

 

7.1      Rates of pay shall be paid in accordance with Table 1, Remuneration, Monetary Rates to this schedule. The rates of pay for employees are as set out in Table 1 - Remuneration, Monetary Rates, to this schedule.

 

7.2      Subject to clause 8, Travel Expenses, the above rates of pay are fully inclusive rates which incorporate remuneration for all terms and conditions of employment.

 

7.3      Supervisors, Assistant Supervisors and Curriculum Coordinators shall be paid no less than the Saturday sessional rates as prescribed in the said Table 1 for administrative, supervisory and curriculum coordination work undertaken at a Centre.  Saturday sessional rates include payment for incidental work such as securing premises and resources, peak time administrative duties, irregular consultations with students, parents and staff, and the parent/teacher meetings and presentation days as set down in the Saturday School calendar.

 

7.4      Sessional work on a Saturday for Supervisors, Assistant Supervisors and Curriculum Co-ordinators shall be of four hours duration, unless otherwise determined by the Principal, Secondary College of Languages in consultation with the employee and with due notice and shall be remunerated at the sessional rates prescribed in Table 1, Monetary Rates.

 

7.5      Where a Supervisor, Assistant Supervisor or Curriculum Coordinator is required by the Principal, Secondary College of Languages to work at a Centre, hours additional to the four sessional hours specified in subclause 7.4 of this clause, including regular additional hours to meet the ongoing needs of particular Centres, remuneration for these hours shall be paid at the hourly rates prescribed in Table 1 for each additional hour that they are required to work.  Periods of less than one hour shall be remunerated in intervals of 30 minutes or part thereof.

 

7.6      Casual Secondary College of Language Teachers shall be paid the hourly rates of pay prescribed in Table 1.  The approved paid hours for this classification of teachers shall be as follows:

 

7.6.1   Year 7 - 10 classes - 2.75 hours per week

 

7.6.2   Years 11 - 12 Continuers and Background Speakers course classes - 3.75 hours per week

 

7.6.3   Year 12 Extension course classes - an additional one hour per week.

 

7.7      For a Casual Secondary School of  Languages Teacher to be entitled to payment for hours in addition to those prescribed in subclause 7.6 of this clause, prior approval to work the additional hours must be obtained from the Principal, Secondary College of Languages before that work is undertaken. Additional hours shall be remunerated at the hourly rates prescribed in Table 1. Periods of less than one hour shall be remunerated in intervals of 30 minutes or part thereof.

 

7.8      A Casual Secondary College of Language Teacher’s approved paid hours as prescribed in subclause 7.6 includes 0.5 hours preparation time and 0.25 hours playground duty.

 

7.9      During the 0.5 hours preparation time Casual Secondary College of Language Teachers may be required to be present at their Centres, if considered necessary by the Supervisor, for consultation with staff, students and/or parents.

 

7.10    Salary packaging

 

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

 

7.10.2 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.

 

7.10.3 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.

 

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

 

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

 

7.10.4.2          any administrative fees.

 

7.10.5 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:

 

7.10.5.1          Superannuation Guarantee Contributions;

 

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

 

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

 

8.  Travel Expenses

 

8.1      Where an employee is required and authorised to travel in the performance of their duties, reimbursement for travel expenses shall be paid in accordance with the provisions applying to other Departmental teachers. 

 

8.2      Employees are not regarded as teachers timetabled to teach in more than one school when determining reimbursement for travel expenses.

 

9.  Training and Development

 

9.1      The Department confirms its commitment to training and development for employees and shall provide appropriate training and development opportunities to meet this commitment within the context of the needs and priorities of the Secondary College of Languages.  The Department has an expectation that employees shall attend appropriate staff development and curriculum co-ordination activities.  The appropriateness of the activities shall be determined by the Principal, Secondary College of Languages in consultation with Supervisors.

 

9.2      Employees recognise the importance of maintaining and updating their skills for the benefit of the students of the Secondary College of Languages.

 

9.3      Approved attendance at training and development courses and staff development and curriculum co-ordination activities shall be remunerated as additional hours in accordance with subclauses 7.5 or 7.7 of clause 7, Remuneration.

 

9.4      The Performance and Development Framework applies to all teachers in all classifications at the Secondary College of Languages.

 

10.  Recognition of Service

 

10.1    Employees holding a Departmental approval to teach in regular government schools in New South Wales, not otherwise permanently employed by the Department, shall have service at the Secondary College of Languages from 4 August 1995 recognised as service with the Department, on the basis that each six approved paid hours at the Secondary College of Languages, pursuant to clause 7, Remuneration shall be equivalent to one day of service.

 

10.2    Employees holding a Departmental approval to teach in regular government schools in NSW but not otherwise permanently employed by the Department shall have service at the Secondary College of Languages from 4 August 1995 recognised for the purposes of incremental progression on permanent appointment to the Department.

 

11.  Anti-Discrimination

 

11.1    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 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.

 

11.2    It follows that in fulfilling their obligations under the dispute resolution procedures 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 shall 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.

 

11.3    Under the Anti-Discrimination Act, 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.

 

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

 

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

 

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

 

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

 

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

 

11.5    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.

 

12.  Parental Leave and Other Entitlements

 

12.1    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, if they meet the definition of a regular casual employee (see section 53(2) of the Industrial Relations Act). The following provisions shall also apply in addition to those set out in the Industrial Relations Act).

 

12.1.1 The Secretary must not fail to re-engage an employee who meets the definition of a regular casual employee because:

 

(i)       the employee or employee's spouse is pregnant; or

 

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

 

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

 

12.2    Personal Carers Entitlements

 

12.2.1 Employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in 12.4.2 below 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 below in 12.2.4, and the notice requirements set out in 12.2.5.

 

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

 

12.2.3 The Secretary must not fail to re-engage an employee because the employee accessed the entitlements provided for in this clause. The rights of the Secretary to engage or not to engage an employee are otherwise not affected.

 

12.2.4 The employee 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 Secretary or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

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

 

12.2.5 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day of such absence, inform the Secretary of their inability to attend for duty. If it is not reasonably practicable to inform the Secretary during the ordinary hours of the first day of such absence, the employee will inform the Secretary within 24 hours of the absence.

 

12.3    Bereavement entitlements

 

12.3.1 Employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the Secretary).

 

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

 

12.3.3 The Secretary must not fail to re-engage an employee because the employee accessed the entitlements provided for in this clause. The rights of the Secretary to engage or not engage a employee are otherwise not affected.

 

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

 

12.4    The entitlement in accordance with this clause is subject to:

 

12.4.1 the employee being responsible for the care and support of the person concerned; and

 

12.4.2 the person concerned being:

 

(i)       a spouse of the employee; or

 

(ii)      a de facto spouse, being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(iii)     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 of the spouse or of the de facto spouse of the employee; or

 

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

 

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

 

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

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

13.  Dispute Resolution Procedures

 

13.1    Subject to the provisions of the Industrial Relations Act, should any dispute, question or difficulty about an industrial matter arise then the following procedures shall apply:

 

13.1.1 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 Principal or Supervisor as soon as practicable.

 

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

 

13.1.3 Should the above procedure be unsuccessful in producing resolution of the dispute or should the matter be of a nature which involves multiple workplaces, then the employee and/or the Federation may raise the matter with an appropriate officer of the Department with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

13.2    Where the above procedures in subparagraph 13.1 do not lead to a resolution of the dispute, the matter shall be referred to the Chief People Officer 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 negotiating an agreed method and time frame for proceeding.

 

13.3    Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission.

 

14.  Deduction of Union Membership Fees

 

14.1    The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

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

 

14.3    Subject 14.1 and 14.2 above, the employer  must deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

14.4    Monies so deducted from employees' pay must be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

14.5    Unless other arrangements are agreed to by the employer and the union, all union membership fees must be deducted on a fortnightly basis.

 

14.6    Where an employee has already authorised the deduction of union 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.

 

15.  Work, Health and Safety

 

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

 

15.1.1 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

 

15.1.2 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.

 

15.2    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):

 

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

 

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

 

15.2.3 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

 

15.2.4 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.

 

15.3    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.

 

Table 1- Remuneration, Monetary Rates

 

Secondary College of Languages

 

Classification

Saturday sessional rate from the first pay period to commence on or after 1.1.2021

Saturday sessional rate from the first pay period to commence on or after 1.1.2022

 

$

$

Increase

2.28%

2.04%

Supervisor

823.13

839.92

Assistant Supervisor

652.22

665.53

Curriculum Coordinator

652.22

665.53

 

Classification

Saturday casual hourly rate from the first pay period to commence on or after 1.1.2021

Saturday casual hourly rate from the first pay period to commence on or after 1.1.2022

 

$

$

Increase

2.28%

2.04%

Supervisor

137.19

139.99

Assistant Supervisor

108.71

110.93

Curriculum Coordinator

108.71

110.93

Teacher

89.33

91.15

 

25.      This variation shall take effect on and from 23 December 2021.

 

 

 

J. V. MURPHY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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