NSW ADULT MIGRANT ENGLISH
SERVICE CROWN EMPLOYEES (TEACHERS AND RELATED EMPLOYEES) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales
Teachers Federation, an industrial organisation of employees.
(No. IRC 456 of 2004)
Mr Deputy President
Grayson
|
10 November 2004
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
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. Conditions
of Employment - Casual Teachers
21. Professional
Development
22. AMES Year
23. Transfer
Procedures
24. Anti-Discrimination
25. Dispute
Resolution Procedures
26. Goods and
Services Tax
27. Flexible
Working Arrangements
28. Deduction
of Union Membership Fees
29. No Further
Claims
30. Leave
Reserved
31. 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 finding and contractual arrangements that may apply to
AMES and the competitive environment in which it operates.
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 "Co-ordinator
Course Information and Admissions" means an officer or temporary employee
appointed, employed or seconded as such.
3.4 "Co-ordinator
of Studies" means an officer or temporary employee appointed, employed or
seconded as such.
3.5 "Degree
Course" means a university or college of advanced education degree course
approved by the Director.
3.6 "Department"
means the Department of Education and Training.
3.7 "Director"
means the Director, Community and Migrant Education.
3.8 "Director-General"
means the Director-General of Education and Training.
3.9 "Educational
Counsellor" means an officer or temporary employee appointed, employed or
seconded as such.
3.10 "Education
Officer" means an officer or a temporary employee appointed, employed or
seconded as such.
3.11 "Equivalent"
when referring to qualifications means qualifications and/or experience deemed
by the Director to be equivalent to specified qualifications.
3.12 "Federation"
means the New South Wales Teachers Federation.
3.13 "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.
3.14 "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.
3.15 "Full-time
Temporary Teacher" means a person employed and designated as such under
Section 27 of the Public Sector Employment and Management Act 2002.
3.16 "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.
3.17 "Officer"
means a person employed in any capacity under Part 2, of the Public Sector
Employment and Management Act 2002, and includes an officer on probation
but does not include a temporary employee.
3.18 "Operations
Manager" means an officer appointed as such.
3.19 "Permanent
Teacher" means an officer appointed as such in the AMES pursuant to the
provisions of the Public Sector Employment and Management Act 2002.
3.20 "Program"
means a learning arrangement or composite of learning arrangements under the
management of an operations manager.
3.21 "Region"
means an area designated as such by the Director including one or more venues.
3.22 "Senior
Education Officer" means an officer or a temporary employee appointed,
employed or seconded as such.
3.23 "Teacher"
means an officer, temporary employee or casual employee appointed or employed
as such.
3.24 "Teachers
and related employees" means all officers and temporary employees covered
by this award and includes casual, permanent 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.
3.25 "Teaching
Centre" means a location designated as such by the Director that may
include one or more teaching venues.
3.26 "Temporary
Employee" means a person temporarily employed under Section 27 of the Public
Sector Employment and Management Act 2002.
3.27 "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:
(i) maintain and
exhibit the highest standards of conduct;
(ii) ensure that
in the performance of their teaching and associated duties, AMES policies,
standards and practices are observed;
(iii) work
collaboratively with their colleagues in helping to ensure that essential
organisational goals and objectives are met;
(iv) provide peer
support and leadership to less experienced teachers or to teachers experiencing
performance difficulties;
(v) participate in
working groups and staff meetings as required, to develop and enhance
professional knowledge and to improve practices and procedures;
(vi) 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
(vii) 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
officer 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.
6. Teachers and
Related Employees - Annual Review
6.1 To provide
feedback on performance, the Director of AMES or nominee will ensure that the
performance of all teachers and related employees, except casual teachers and
operations managers, is appraised by annual review.
6.2 This annual
review shall be supported by:
(i) conferences
between the teacher or related employee and the operations 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.
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:
(i) establish
clear individual performance goals linked to, and consistent with, AMES goals
and priorities and regional plans and objectives;
(ii) identify each
employee's current and medium term development needs and career goals and
develop strategies to support these;
(iii) assist with
the achievement of AMES long term objectives and annual priorities;
(iv) provide for
each employee a valid basis for performance assessment against job-related
criteria;
(v) provide
job-related guidance and performance feedback in a continuing way.
7.3 Appropriate
training will support the implementation of the scheme.
8. Salaries
8.1 The salaries that
apply to teachers, education officers, senior education officers and operations
managers are set out in Tables 1 and 2 of Part B.
9. Salary Packaging
9.1 Officers may
participate in the Department's salary packaging scheme.
9.2 Salary
packaging does not apply to casual or temporary employees.
10. Salary Scale
Progression Arrangements
10.1 Permanent
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 5.
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 operations
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 operations 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 operations
manager 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 permanent
officer may apply to work part-time at any time, subject to the appropriate
work being available for the position and it is 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 permanent 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 (eg
0.2 to 0.8).
13.6 Service shall
not be regarded as having been broken by permanent part-time work.
14. Hours
14.1 The daily span
of working hours for teachers, education officers, senior education officers,
co-ordinators of studies, co-ordinators of course information and admissions
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. Applications for such exclusion
must contain full and substantiated grounds and supporting documents, where
appropriate.
14.4 The standard
hours of attendance for permanent 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 the operations
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 operations managers shall, to the extent possible and practicable,
accommodate such preferences. Where there are difficulties in accommodating
attendance pattern preferences the operations 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 operations 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 operations
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 operations manager provided that the requirements of AMES are met at
all times.
14.11 Face-to-face
teaching hours required to be worked by permanent 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;
|
5.30 pm and 10.00 pm Monday to Friday.
|
14.12 Work undertaken
by permanent 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 permanent 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.
15. Averaging of
Hours
15.1 Notwithstanding
the provisions of sub-clause 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 operations manager shall to the extent possible and practicable,
accommodate teacher’s attendance preference patterns. Where there are difficulties
in scheduling such hours, the operations 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
operations manager shall apply the principle of rotation and no teacher shall
unreasonably refuse.
15.3 The operations
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, evening and weekend 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 Subject to the
operation of subclause 22.4 of clause 22 AMES Year, and 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
|
Permanent Teacher
|
4
|
7
|
Full-time Temporary Teacher
|
4
|
7
|
Operations Manager
|
4
|
Nil
|
Senior Education Officer
|
4
|
Nil
|
Education Officer
|
4
|
Nil
|
16.2 Except where provision
is otherwise made in this award, agreed non-attendance will be deemed to be in
lieu of additional work.
16.3 Permanent
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 Permanent 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 Staff employed
on teaching conditions who prior to 1st January 1997 were entitled to 22 days
on full pay and 22 days on half pay in any 12 month period shall retain the
balance of their accumulated sick leave entitlements as at 31st December 1996.
17.3 Additional sick
leave in the first two years of service:
17.3.1 The
provisions of this paragraph shall only apply to permanent and full-time
temporary teachers.
17.3.2 The
maximum grant of additional sick leave during the first 2 years of service is
15 days.
17.3.3 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. 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.
18.8 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.
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.
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 five 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.
19.4 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.
19.6 Bereavement
Leave
19.6.1 An
employee other than a casual employee shall be entitled to up to two days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in subparagraph 19.6.3 below.
19.6.2 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.
19.6.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in section 19.1.3 (b)
above, provided that for the purposes of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
19.6.4 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.
19.6.5 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.
20. Conditions of
Employment - Casual Teachers
20.1 Annual Leave
No casual teacher shall receive annual leave, as a
component for leave is included in the hourly rates.
20.2 Leave Loading
20.2.1 A
400 hour teacher shall be entitled to an annual leave loading calculated
according to the following formula:
17.5%
|
x
|
Hourly Rate
|
x
|
80 x
|
Teaching
hours
|
|
|
|
|
|
years
of service
|
20.2.2 A
less than 400 hour teacher shall be entitled to an annual leave loading calculated
according to the above formula, provided that 'teaching hours' shall be the
hours completed since the most recent start, notwithstanding course breaks.
20.2.3 Full-time
temporary service shall not be taken into account in determining entitlement to
annual leave loading.
20.3 Sick Leave
20.3.1 Pre
400 Hours
A casual teacher who has:
(a) completed less
than 400 hours of paid duty in any teaching year; and
(b) worked four
successive weeks in the current period,
Is eligible to take as paid sick leave 1/10 of the
continuous hours worked in the current engagement.
The maximum amount of paid leave in each teaching year
is 80 hours. Unused hours are not credited to the next year.
If service is not continuous, excluding course breaks,
each period of service becomes a separate accrual period for the purposes of
sick leave.
20.3.2 Post
400 Hours
A casual teacher who has completed 400 hours of paid
duty in any teaching year is eligible to take as paid sick leave:
(a) 66 hours on
full pay; and
(b) six hours for
every 36 hours of duty completed in excess of 400; and
(c) any sick leave
already taken as a pre 400 hour teacher,
to a maximum of 132 hours in any teaching year.
At the commencement of each year, a 400 hour casual
teacher shall be credited with the unused sick leave accrued in the previous
year.
20.3.3 General
There is no paid sick leave in advance of accrual.
20.4 Family and
Community Services Leave
20.4.1 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.
20.4.2 Within
a teaching year, entitlement will accrue as follows:
400 - 531hours of duty
|
6 hours leave
|
532 - 799 hours of duty
|
8 hours leave
|
800 + hours of duty
|
12 hours of leave
|
20.4.3 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.
20.5 Special Leave
20.5.1 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.
20.5.2 Service
shall not carry over from one year to the next, for the purposes of determining
entitlement.
20.6 Maternity Leave
- Casual teachers ceasing duty for maternity reasons are entitled to resume
duty at their previous level of employment providing absence from duty is no
longer than 12 months and providing teaching hours are available. Casual teachers are not entitled to paid
maternity leave.
20.7 Leave Without
Pay - Casual teachers are not granted leave without pay.
20.8 Study Leave -
Casual teachers are not granted leave for study.
20.9 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 officer 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.
20.10 Payment
20.10.1 A
casual teacher shall attend and be paid only for face-to-face teaching in one
or more engagements.
20.10.2 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.
20.11 Incremental
Progression - subject to the provisions of subclause 20.3 of this clause, 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.
21. Professional
Development
21.1 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.
21.2 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.
21.3 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.
21.4 AMES will
facilitate the professional development, skills enhancement and career
development opportunities of employees and improve effectiveness through a
range of activities.
22. AMES Year
22.1 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.
22.2 Within the 50
weeks of operation, courses will be scheduled to maximise use of existing
accommodation and facilitate access for students.
22.3 In each
preceding year, operations managers will provide program managers with a plan
of courses appropriate to the region for the next academic year.
22.4 Teachers may
elect to accrue three weeks of annual leave, provided that the operations
manager can accommodate their preference for leave within the pattern of
courses planned for the region/program. In the preceding year, teachers will
provide advice on their leave intentions for the following academic year.
22.5 Teachers who
elect to accrue leave within the leave year may do so for a maximum of four
years.
22.6 Teachers may
not vary their election of leave within the leave year except in exceptional
circumstances and at the discretion of the Director.
22.7 Teachers who
have not elected to accrue three weeks leave must exhaust all leave within the
current leave year except in exceptional circumstances and at the discretion of
the Director.
22.8 Teachers who
elect to accrue three weeks leave per annum may only take the accrued leave in
course blocks or in configurations arranged on an agreed basis between the
teacher and the operations manager, taking account of the need to minimise
disruption to educational programs.
22.9 No teacher may
be directed to teach beyond eleven consecutive weeks without taking a course
break of at least one week.
23. Transfer
Procedures
23.l Requested
Transfers
23.1.1 This
procedure provides for transfer of a permanent teacher at the request of the
teacher.
23.1.2 A
permanent teacher may apply at any time in writing to transfer from one
teaching centre to another.
23.1.3 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.
23.1.4 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.
23.1.5 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.
23.1.6 To
be eligible for transfer a teacher must at the date of transfer be on duty or
on a form of approved leave.
23.1.7 A
teacher who is offered a transfer for which that teacher has applied shall be
removed from all transfer registers.
23.1.8 Requested
Transfers will be published in the Staff Bulletin.
23.2 Operational
Transfers
23.2.1 Operational
transfers may be directed by the Director at any time in order to meet AMES
operational requirements.
23.2.2 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.
23.2.3 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.
23.2.4 A
teacher nominated for operational transfer shall be given a minimum of two
weeks notice before they are required to transfer.
23.2.5 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.
23.2.6 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 23.1. If a transfer that is offered in
accordance with subclause 23.1 is not accepted, the operational transfer will
be confirmed and will cease to be considered temporary.
24.
Anti-Discrimination
24.1 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.
24.2 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.
24.3 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.
24.4 Nothing in this
clause is to be taken to affect:
24.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
24.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
24.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
24.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
25. Dispute
Resolution Procedures
25.1 Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
25.1.1 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.
25.1.2 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.
25.1.3 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.
25.1.4 Where
the procedures in paragraph 25.1.3 do not lead to resolution of the dispute,
the matter shall be referred to the General Manager of Industrial Relations and
Employment Services of the Department and the General 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.
25.2 Should the
above procedures not lead to a resolution then either party may make
application to the Industrial Relations Commission of New South Wales.
25.3 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.
25.4 Where the
subject of the dispute involves the Director or the Director's nominee, the
matter may be referred to the General Manager of Industrial Relations and
Employment Services/Director-General as appropriate.
26. Goods and
Services Tax
26.1 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.
27. Flexible Working
Arrangements
27.1 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.
28. Deduction of
Union Membership Fees
28.1 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.
28.2 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.
28.3 Subject to 28.1
and 28.2 above, the employer shall 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.
28.4 Monies so
deducted from employees’ pay shall 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.
28.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
28.6 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.
29. No Further Claims
29.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further
salaries or conditions claims by the parties prior to 31 December 2005, in
relation to matters expressly contained in this award subject to the following:
29.1.1 The
Federation may apply with respect to the matters prescribed in clause 30 Leave
Reserved, to have those matters arbitrated by the Industrial Relations
Commission.
30. Leave Reserved
30.1 The Federation
may apply to the Industrial Relations Commission to vary the salaries of
operations managers, senior education officers (class II), senior education
officers (class I) to provide for additional increases consistent with the
Federation's application filed 3 February 2004.
31. Area, Incidence
and Duration
31.1 This award
shall apply to all teachers and related employees employed within the NSW Adult
Migrant English Service.
31.2 This award
rescinds and replaces the NSW Adult Migrant English Service Crown Employees
(Teachers and Related Employees) Award 2001 published 1 March 2002 (331 I.G.
802).
31.3 This award
takes effect from 1 January 2004 and remains in force until 31 December 2005.
PART B
MONETARY RATES
Table 1 - Salaries
|
Rates
|
From the first pay
|
From the first pay
|
From the first pay
|
|
1.1.2003
|
period to
|
period to
|
period to
|
|
Per Annum
|
commence on
|
commence on
|
commence on
|
|
|
or after 1.1.2004
|
or after 1.7.2004
|
or after 1.1.2005
|
|
|
5.5%
|
3%
|
3.5%
|
|
$
|
$
|
$
|
$
|
Salary Scale for
Permanent Teachers, Full Time Temporary Teachers and Education Officers
|
1st Salary Level
|
38,787
|
40,920
|
42,148
|
43,623
|
2nd Salary Level
|
40,861
|
43,108
|
44,401
|
45,955
|
3rd Salary Level
|
42,932
|
45,293
|
46,652
|
48,285
|
4th Salary Level
|
45,005
|
47,480
|
48,904
|
50,616
|
5th Salary Level
|
47,373
|
49,979
|
51,478
|
53,280
|
6th Salary Level
|
49,447
|
52,167
|
53,732
|
55,613
|
7th Salary Level
|
51,518
|
54,351
|
55,982
|
57,941
|
8th Salary Level
|
53,591
|
56,539
|
58,235
|
60,273
|
9th Salary Level
|
56,109
|
59,195
|
60,971
|
63,105
|
10th Salary Level
|
58,773
|
62,006
|
63,866
|
66,101
|
Salary Scale for Senior
Education Officers
|
Senior Education
|
|
|
|
|
Officer Class II
|
77,540
|
81,805
|
84,259
|
87,208
|
Senior Education
|
|
|
|
|
Officer Class I
|
|
|
|
|
Year 1
|
66,085
|
69,720
|
71,812
|
74,325
|
Year 2
|
68,815
|
72,600
|
74,778
|
77,395
|
Year 3
|
71,547
|
75,482
|
77,746
|
80,467
|
Salary Scale for Operations
Managers
|
Operations
|
94,299
|
99,485
|
102,470
|
106,056
|
Manager
|
|
|
|
|
Casual Teachers
|
Rates Per Hour
|
1st Salary Level
|
47.76
|
50.39
|
51.90
|
53.72
|
2nd Salary Level
|
50.32
|
53.09
|
54.68
|
56.59
|
3rd Salary Level
|
52.88
|
55.79
|
57.46
|
59.47
|
4th Salary Level
|
55.43
|
58.48
|
60.23
|
62.34
|
5th Salary Level
|
58.34
|
61.55
|
63.40
|
65.62
|
Table 2 - Other
Rates
Item
|
Clause
|
Brief Description
|
1.1.2003
|
5.5%
|
3.0%
|
3.5%
|
No.
|
No.
|
|
Amount
|
From
the first
|
From
the first
|
From
the first
|
|
|
|
Per
Annum
|
pay
period to
|
pay
period to
|
pay
period to
|
|
|
|
|
commence
on
|
commence
on or
|
commence
on or
|
|
|
|
|
or
after 1.1.2004
|
after
1.7.2004
|
after
1.1.2005
|
|
|
|
$
|
$
|
$
|
$
|
1
|
11
|
Education Officer
|
|
|
|
|
|
|
after 12 months on
|
2,575
|
2,717
|
2,798
|
2,896
|
|
|
the maximum of the
|
|
|
|
|
|
|
common salary scale
|
|
|
|
|
|
|
after a further 12
|
2,575
|
2,717
|
2,798
|
2,896
|
|
|
months on the
|
|
|
|
|
|
|
maximum of the
|
|
|
|
|
|
|
common salary scale
|
|
|
|
|
2
|
11.3
|
Teacher nominated
|
4,559
|
4,810
|
4,954
|
5,127
|
|
|
to undertake
|
|
|
|
|
|
|
additional
|
|
|
|
|
|
|
responsibilities
|
|
|
|
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.