CROWN EMPLOYEES (TEACHERS IN SCHOOLS AND TAFE AND RELATED EMPLOYEES) SALARIES AND CONDITIONS AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Teachers Federation, industrial organisation of employees.

 

(No. IRC 3597 of 2003)

 

 

VARIATION

 

1.          Delete subclause 2.75, of clause 2, Dictionary, of the award published 15 July 2005 (352 I.G. 465), and insert in lieu thereof the following:

 

2.75      "Part time Casual Teacher" means a TAFE Teacher engaged by TAFE on an hourly basis.  It is the intention of TAFE that no Part time Casual Teacher shall be engaged to deliver the equivalent of a full time teaching program for 12 or more weeks in a semester except where a TAFE Temporary Teacher is not able to be employed following recruitment action.

 

2.          Insert in alphabetical order, of the said clause 2, the following new subclause 2.83.

 

2.83      "TAFE Temporary Teacher" means a temporary employee employed under the TAFE Commission Act 1990 on a full time or a part time basis to teach for a defined period. A TAFE Temporary Teacher engaged on a part time basis is entitled to pro rata salary and conditions of a TAFE Temporary Teacher engaged on a full time basis.

 

3.          Renumber existing subclauses 2.83 and 2.84 of the said clause 2, to read as 2.84 and 2.85 respectively.

 

4.          Delete Schedule 5 - Salaries - Promotion Classifications in the Education Teaching Service, and insert in lieu thereof the following:

 

Schedule 5

 

Salaries - Promotion Classifications in the Education Teaching Service

 

 

 

 

5.          Delete clause 54, Professional Development - Education Officers, Related Employees and Counsellors, and insert in lieu thereof the following:

 

54.  Professional Development - Education Officers, Related Employees and Counsellors

 

54.1      Permanent and temporary education officers, counsellors and senior counsellors shall have a professional development programs as follows:

 

54.1.1               retention of their existing study time - for those employed by TAFE as at 31 January 1994; or

 

54.1.2               ten working days per annum which may be accumulated over six years up to a maximum of 60 working days to undertake professional experience, work or study inside or outside the TAFE system which is of demonstrated value to TAFE and/or the professional development of the employee. This time may be taken in minimum periods of one half day per week as negotiated with their manager.  The absence requires the approval of TAFE and is subject to the operating needs of the unit.

 

54.2      Permanent and temporary cluster managers, manager education and training resource centre, principal education officers, program managers, curriculum managers, quality assurance coordinators, chief education officers and senior education officers shall have a professional development program as follows:

 

54.2.1               ten working days per annum, which may be accumulated over two years up to a maximum of 20 working days to undertake professional experience, work or study inside or outside the TAFE system which is of demonstrated value to TAFE and/or to the employee’s current and medium term professional development needs.  The professional development activity is negotiated with and must be approved by the line manager in advance.  This time may be taken in minimum periods of one half day per week subject to the operating needs of the institute or unit.  This does not preclude access to other professional development opportunities provided by TAFE.

 

54.2.2               Related employees as per clause 54.2 undertaking courses of study who require different arrangements to those in subclause 54.2.1 may apply to TAFE for special consideration.  TAFE shall consider these requests on a case-by-case basis.

 

54.2.3               Where TAFE requires professional development, TAFE will meet the compulsory fees involved. Where the professional development opportunity is voluntary TAFE may, at its discretion, refund all or part of the compulsory fees incurred by the related employees as per clause 54.2.

 

54.2.4               Related employees as per clause 54.2 employed as at the date of variation to the award with an existing balance of professional development time of up to 60 days may utilize this time as provided for in subclause 54.2.1 of this award.  Following utilisation of this balance, professional development time will accrue on the basis provided for in subclause 54.2.1 of this award.

 

54.2.5               Related employees as per sub clause 54.2 who have accumulated 20 working  days, but due to operational arrangements, are unable to take them within the two year period shall by negotiation and agreement with the line manager retain the balance of professional development time in excess of 20 working days. The employee shall have six months after the next date of accrual in which to utilise the excess balance. This will not affect the accrual of additional professional development days as per sub clause 54.2.1.

 

6.          Insert after paragraph 59.8.1, of clause 59, Working Conditions - Part Time Casual Teachers, Co-ordinators and Counsellors in TAFE, the following new paragraph:

 

59.8.2               Part time casual teachers and coordinators who have a sick leave entitlement pursuant to subclause 59.8.1 shall be entitled to use that entitlement for personal/carer’s and bereavement leave purposes in accordance with subclause 55.7 Personal/Carer’s Leave.

 

7.          Delete subclause 59.10, of the said clause 59, and insert in lieu thereof the following:

 

59.10                Payment for Related Duties

 

59.10.1             Part time casual teachers teaching 10 or more hours in a week in any one Institute shall be entitled to payment for related duties, provided that they attend to perform the related duties. Such related duties shall be paid at the teaching duties rate according to the following table:

 

Teaching Duties Hours	Related Duties Hours
19 hours or more per week	6 hours 20 minutes
18 hours	6 hours
17 hours	5 hours 40 minutes
16 hours	5 hours 20 minutes
15 hours	5 hours
12 to less than 15 hours	3 hours
10 to less than 12 hours	1 hour

 

59.10.2             Payment for related duties paid to part time casual teachers teaching 10 hours or more a week are for duties associated with the part time casual teacher’s teaching section as well as for duties related to the part time casual teacher’s direct teaching activities set out in award subclause 59.7.

 

59.10.3             The apportionment of the related duties to be undertaken and the required attendance shall be by agreement between the part time casual teacher and their supervisor/s and become part of the teacher’s approved program. Where practical, attendance is to be arranged so that the teacher can attend staff meetings, professional development and other related duties on the day/s the teacher is programmed to teach. Split shifts are not to be included as part of a part time casual teacher’s approved program unless requested by the part time casual teacher.

 

8.          Delete subclause 59.22, of the said clause 59, and insert in lieu thereof the following:

 

59.22                Temporary Appointment Opportunities

 

59.22.1             Part time casual teachers, counsellors and co-ordinators are eligible to apply for temporary appointment to positions (other than permanent teaching and promotional teaching positions) advertised within the TAFE Gazette.

 

9.          Delete Schedule 11, Salary Scales - Promotion Classifications in TAFE, and insert in lieu thereof the following:

 

Schedule 11

 

Salary Scales - Promotion Classifications in TAFE

 

 

10.        Delete paragraphs 1.1.3 and 1.1.4, of clause 1, Definitions, of Schedule 12 - Excess Travel and Compensation for Travel on Official Business - TAFE Teachers, and insert in lieu thereof the following new paragraphs:

 

1.1.3     "Teacher" means - all persons employed permanently or temporarily in TAFE in teaching positions, including head teachers, special program coordinators, TAFE counsellors, adult literacy officers, and persons employed as part time casual teachers.

 

1.1.4     "Teaching Program" means - the teacher’s approved program. This includes direct teaching and other duties as well as approved releases (eg for prescribed course of teacher education) and would normally be the program as approved by the teacher’s supervisor.

 

11.        Delete subclause 3.2, of clause 3, Excess Travel Time, of the said Schedule 12, and insert in lieu thereof the following:

 

3.2        Payment for excess travelling time shall be at the teacher’s ordinary rate of pay on an hourly basis, calculated as follows:

 

3.2.1    For full time teachers:

 

Annual salary

x

5/260.8929

x

1/30

 

3.2.2    For part time casual teachers:

 

Duties Other Than Teaching (DOTT) rate

 

12.        This variation shall take effect :

 

(i)         in respect of the variations made to clauses 2 and 59 on and from 18 July 2005;

 

(ii)        in respect of the variations made to schedule 5 from the first pay period to commence on or after 1 July 2004;

 

(iii)       in respect of the variations made to clause 54 on and from 3 June 2005;

 

(iv)       in respect of the variations made to schedule 11 from the first pay period to commence on or after 1 January 2004;

 

(v)        in respect of the variations made to schedule 12 on and from 7 February 2005.

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. P. BOLAND  J.

J. P. GRAYSON  D.P.

I. TABBAA, Commissioner.

J. McLEAY, Commissioner.

 

 

 

 

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Printed by the authority of the Industrial Registrar.