Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 2043 of 2008)

 

 

AWARD

 

1.  Arrangement

 

Clause No.       Subject Matter

 

2.        Dictionary

3.        Salaries

4.        Deduction of Union Membership Fees

5.        Allowances

6.        Salary Progression and Maintenance

7.        Teacher Quality

8.        Salary Packaging

9.        Initial Appointments  

10.      Teaching in More Than One Location

11.      Deferred Salary Scheme

12.      Compensation for Travel on TAFE Business

13.      Contribution to Institute Output Requirements

14.      Attendance - Teachers and Counsellors

15.      Duties of Teachers

16.      Allocation of Duties

17.      Duties Related to Teaching

18.      Administrative Duties

19.      Averaging

20.      Accumulating Program

21.      Professional Development - Teachers

22.      TAFE Year

23.      Additional One Week

24.      Evening Work - Counsellors

25.      Time Credit

26.      Excess Teaching Hours

27.      Sunday Work/Night Work

28.      Qualifications for Appointment

29.      Working Conditions - Education Officers and        Related Employees

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

31.      Leave for Teachers and Related Employees

32.      Calculation of Service

33.      Training and Development

34.      Multi-skilling

35.      Working Conditions - Part time Casual Teachers, Coordinators and Counsellors

36.      Contract Teachers (OTEN)

37.      Provision for Positions which Are Hard To Fill

38.      Industrial Rights

39.      Quality Improvement Program

40.      Pilot Schemes

41.      Principles of Restructuring

42.      Dispute Resolution Procedures

43.      No Further Claims

44.      Anti-discrimination

45.      Secure Employment Test Case - OHS Obligations

46.      Area, Incidence and Duration

47.      Further Employee Related Reform Measures and Cost Savings

 

SCHEDULES

 

Schedule 1 - Common Incremental Salary Scale

Schedule 2 - Allowances

Schedule 3 - Locality Allowances

Schedule 4 - Salary Scales - Promotion Classifications

Schedule 5 - Excess Travel and Compensation for Travel on Official Business

Schedule 6 - Strategies for Maximising Annual Student Hours in TAFE

Schedule 7 - Rates of Pay - Part time Casual Teachers, Coordinators and Counsellors in TAFE and Contract Teachers (OTEN)

 

2.  Dictionary

 

2.1      "Adult Literacy Officer" means a teacher employed as such.

 

2.2      "Advanced Skills Counsellor" means a counsellor employed as such.

 

2.3      "Award" means the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2009.

 

2.4      "Approved Program" means a teaching program taught across the Standard Educational and or TAFE year.  A teaching program consists of a standard or an averaging or an accumulating program.

 

2.5      "Australian Qualifications Framework (AQF)" means the policy framework that defines all qualifications recognised nationally in post-compulsory education and training within Australia. The AQF comprises titles and guidelines which define each qualification, together with principles and protocols covering articulation and issuance of qualifications and Statements of Attainment.

 

2.6      "BMET" means the training course known as the Basic Methods of External Teaching, which is the three unit distance mode course that sensitises the contract teacher to the situation of the student working in open/distance mode.

 

2.7      "College/campus/institute" means a TAFE establishment or other centre where instruction is provided by TAFE and includes any place designated as part of, or as an annexe to, such college/campus/institute.

 

2.8      "Contract Teacher" means a teacher employed to mark and provide feedback on work submitted by students enrolled in OTEN and paid per unit of work marked.

 

2.9      "Contract Teaching Duties" means those duties contained in clause 36, Contract Teachers (OTEN).

 

2.10    "Coordination" in clause 35, Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors in TAFE, means educational coordination of programs, courses or subjects or the provision of services by part time casual coordinators.

 

2.11    "Counsellor" means an officer or temporary employee employed to provide counselling services to students.

 

2.12    "Degree" means a course of study in a higher education institution leading to a degree as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.13    "Department" means the Department of Education and Training.

 

2.14    "Diploma" means a course of study in a higher education institution leading to a diploma as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.15    "Duties Other Than Teaching" in clause 35, Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors, means duties other than teaching and coordination except as provided in subclause 35.10 of the said clause 35.

 

2.16    "Education Officer (TAFE)" means an officer appointed as such who has an appropriate degree from a higher education institution and appropriate vocational and/or industrial experience.

 

2.17    "Employee" means a person employed in a classification covered by this Award on a permanent, temporary, casual, part time casual or contract basis.

 

2.18    "Equivalent" when referring to qualifications means those qualifications deemed by the employer to be equivalent to specified qualifications.

 

2.19    "Excess Teaching Hours" means the actual teaching hours in excess of a teacher’s standard weekly teaching component or annual teaching component, as appropriate, that a teacher is required to teach.

 

2.20    "Federation" means the New South Wales Teachers Federation.

 

2.21    "General Secretary" means the General Secretary of the Federation.

 

2.22    "Graduate" means a person who has obtained a degree from a higher education institution or possesses qualifications determined by the employer to be equivalent to such a degree.

 

2.23    "Graduate Diploma" means a course of study in a higher education institution leading to a graduate diploma as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.24    "Head Teacher" means all persons employed within this classification, including those referred to in subclause 3.8.

 

2.25    "Higher Education Institution" means a university or other tertiary institution recognised by the employer which offers degrees, diplomas or teacher education courses.

 

2.26    "Institute" means any grouping of TAFE campuses or places where TAFE provides education, training, administrative and other services from time to time as specified by the Managing Director.

 

2.27    "Institute Director" means all persons employed within this classification.

 

2.28    "Institute Manager" means all persons permanently or temporarily employed within this classification.

 

2.29    "Industrial Relations Commission" means the Industrial Relations Commission of New South Wales, established by the Industrial Relations Act 1996.

 

2.30    "Managing Director" means the Managing Director of TAFE.

 

2.31    "Officer" means and includes all persons permanently employed in TAFE and who, on the date of commencement of the Award, were occupying one of the positions covered by the Award or who, after that date, are appointed to one of these positions.

 

2.32    "OTEN" means the Open Training and Education Network.

 

2.33    "Part time Casual Coordinator" means a coordinator engaged on an hourly basis to coordinate special programs or other activities.

 

2.34    "Part time Casual Counsellor" means a counsellor engaged on an hourly basis to provide counselling services to students.

 

2.35    "Part time Casual Teacher" means a teacher engaged to teach on an hourly basis. It is the employer’s intention 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 Temporary Teacher is not able to be employed following recruitment action.

 

2.36    "Parties" means the Crown in the right of the State of New South Wales and the Federation.

 

2.37    "Service" means continuous service, unless otherwise specified in the Award.

 

2.38    "Special Programs" means those programs administered by TAFE which are designated to promote access of special groups of students to TAFE’s courses.

 

2.39    "Special Program Coordinator" means an officer or temporary employee appointed to a position as Institute media coordinator, consultant for students with a disability, Aboriginal coordinator, labour market program coordinator, outreach coordinator or Institute multicultural education coordinator in Institutes.

 

2.40    "Standard Educational Year" means that period of approximately 41 weeks falling within a calendar year determined as such by the Managing Director.

 

2.41    "TAFE" means the Technical and Further Education Commission, i.e. the TAFE Commission.

 

2.42    "TAFE Commission Act" means the Technical and Further Education Commission Act 1990.

 

2.43    "Teacher" means a person or officer employed permanently or temporarily in a full time or part time teaching position.

 

2.44    "Temporary Employee" means and includes all persons employed on a temporary basis, other than on a casual or part time casual basis or as a contract teacher (OTEN).

 

2.45    "Temporary Teacher" means an officer, or temporary employee employed on a full time or part time basis to teach for defined period. A Temporary Teacher engaged on a part time basis is entitled to pro rata salary and conditions of a Temporary Teacher engaged on a full time basis.

 

2.46    "TAFE Year" means a period of 50 weeks, excluding the two week period surrounding Christmas/New Year, during which educational programs may be conducted.

 

2.47    "Teacher in Training" means a person employed as a teacher who is undertaking a course of teacher education which has been prescribed by the employer as a compulsory course for that teacher to undertake.

 

2.48    "Trained Teacher" means a teacher who has satisfactorily completed a prescribed course of training at a higher education institution, or such other course or courses which the employer determines as satisfying requirements for classification as a teacher.

 

3.  Salaries

 

3.1      Salaries and rates of pay shall be paid in accordance with this clause and Schedules 1, 4, and 7. Salaries under this award incorporate the following increases for the first pay period commencing on or after the specified date.

 

3.1.1   For teachers up to/including step 13, an increase of 4.4% from 1 January 2009, an additional increase of 3.8% from 1 January 2010 and a further increase of 3.8% from 1 January 2011.

 

3.1.3   For promotions positions, an increase of 4.4% from 1 January 2009, an additional increase of 3.8% from 1 January 2010 and a further increase of 3.8% from 1 January 2011.

 

3.2      Allowances under this Award will be increased by 4.4% from the first pay period commencing on or after 1 January 2009, by 3.8% from the first pay period commencing on or after 1 January 2010 and 3.8% from the first pay period commencing on or after 1 January 2011.

 

3.3      Any further increases in salaries and allowances under a replacement industrial instrument shall not be available until after 1 January 2012.

 

3.4      Subject to satisfying the conditions prescribed by this Award, the salaries of the following officers and temporary employees shall be paid in accordance with Schedules 1 and 4.

 

Classification	Schedule
Teachers, education officers (TAFE), counsellors, adult literacy
officers, assistant outreach coordinators.	Schedule 1
Promotion classifications salary scales.	Schedule 4

 

3.5      Except as otherwise provided under the Department’s salary packaging scheme as set out in clause 8, Salary Packaging, employees in Schedules 1 and 4 must be paid at an annual salary level not less than that for the appropriate classification.

 

3.6      Minimum salaries on commencement of employment and maximum salaries under the common incremental salary scale in Schedule 1are set out in the table below:

 

Classification	Minimum starting salary	Maximum salary
	Step 10*	Step 13
Teachers, counsellors,
education officers, adult
literacy officers and assistant
outreach coordinators
Teachers in training	Step 10*	No more than one step
		beyond the step paid on
		initial appointment

 

*For starting salaries above the minimum starting salary for a teacher refer to the TAFE Policy - Teachers Commencing Salary (TAFE Gazette No. 32, 24 September 2003) or its replacement.

 

3.7      Subject to clause 6, Salary Progression and Maintenance and clause 32 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 common incremental salary scale as set out in Schedule 1.

 

3.8      Teachers who were classified as head teacher or senior head teacher as at 26 January 1997 continue to receive the salary increases at the appropriate step for these classifications as set out in Schedule 4 for as long as they hold that classification.

 

3.9      A counsellor who is classified as an advanced skills counsellor shall retain the head teacher band 1 salary while they continue to occupy that position.

 

4.  Deduction of Union Membership Fees

 

4.1      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.

 

4.2      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.

 

4.3      Subject to (4.1) and (4.2) 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.

 

4.4      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.

 

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

 

4.6      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.

 

5.  Allowances

 

5.1      An additional responsibility allowance shall be paid in accordance with this clause and Schedule 2 when:

 

5.1.1   a teacher is required to accept additional responsibilities of a supervisory or administrative character and the circumstances do not warrant the appointment of a head teacher;

 

5.1.2   a counsellor is nominated by the employer in any institute or campus as counsellor in charge.

 

5.2      An education officer (TAFE) who:

 

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

 

5.2.2   has demonstrated to the satisfaction of the employer by the work performed, its quality and the results achieved, that the aptitude and abilities of the officer warrant additional payment;

 

shall be paid an allowance which is the difference between step 13 and Head Teacher Band 1, renewable each period of two years, to ensure a remuneration equivalent to the salary level of head teacher band 1 as set out in Schedule 4.

 

5.3      Locality and related allowances shall be paid in accordance with in Schedule 3.

 

6.  Salary Progression and Maintenance

 

6.1      An officer shall be entitled to progress along or be maintained on the common incremental salary scale or the salary level for a promotions position after each 12 months of service subject to the officer demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth.

 

6.2      Any teacher who does not satisfy the teacher training requirements as determined by the employer shall not progress more than one step along the common incremental salary scale above the salary step paid on initial appointment.

 

7.  Teacher Quality

 

7.1      To provide feedback on an officer or temporary employee’s performance, each officer or temporary employee’s institute director or nominee shall ensure that the teacher’s performance is appraised by annual review.  This appraisal implemented from the beginning of term four, 2000 continues in force as follows:

 

7.1.1   The officer or temporary employee’s institute director or nominee shall be responsible for annually reviewing the performance and development of the officer or temporary employee undertaking their work.

 

7.1.2   For officers and temporary employees, the TAFE Teachers and Related Employees Annual Review Policy (TAFE Gazette No. 32, 10 October 2001) or its replacement shall apply.

 

7.1.3   The annual review for teachers shall be reported by way of the new teacher assessment review form implemented under the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (327 I.G.582).

 

7.1.4   The parties agree to negotiate on variations, if any, to the policies and procedures in place at the commencement date of the Award relevant to annual review of teacher performance.

 

8.  Salary Packaging

 

For the purposes of this clause "salary" means the salary or rates of pay prescribed by Schedules 1, 4 and 7 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

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

 

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

 

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

 

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

 

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

 

8.3.2   any administrative fees.

 

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

 

8.4.1   Superannuation Guarantee Contributions;

 

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

 

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

 

9.  Initial Appointments

 

9.1      The initial appointment of all officers shall be for a minimum probationary period of one year. Confirmation of an officer’s permanent appointment shall depend on completion of a satisfactory annual review pursuant to clause 6, Salary Progression and Maintenance and in the case of teachers, upon satisfactory completion of teacher training requirements.

 

9.2      All initial appointments shall be on the basis of merit.

 

10.  Teaching in More Than One Location

 

10.1    Teachers may be programmed to teach in more than one location including schools.

 

10.1.1 Where this occurs there shall be full consultation with the affected teacher or teachers, including sufficient notice and any specific needs of the affected teacher or teachers shall be taken into account.

 

10.1.2 The travelling compensation provisions at Schedule 5, Excess Travel and Compensation for Travel on Official Business and, as appropriate, time credit provisions at clause 25, Time Credit shall apply to teachers programmed to teach in more than one location.

 

11.  Deferred Salary Scheme

 

11.1    Officers may seek to join the Department’s deferred salary scheme.

 

11.2    Successful applicants may defer twenty per cent of their salary for the first four years and be paid the deferred salary in the fifth year.

 

12.  Compensation for Travel on TAFE Business

 

12.1    Where an employee is required and authorised to travel on TAFE business in the performance of their duties, compensation for travel shall be determined in accordance with the provisions of Schedule 5 Excess Travel and Compensation for Travel on Official Business.

 

13.  Contribution to Institute Output Requirements 

 

13.1    Teachers, adult literacy officers, head teachers and special program coordinators in TAFE shall contribute to the achievement of Institute output requirements as measured in Annual Student Hours (ASH). Institutes maintain their commitment to providing educationally and vocationally disadvantaged groups with access to technical and further educational services, including a range of appropriate specialised services, in line with the objectives of the TAFE Commission Act 1990.

 

13.2    The strategies detailed in Schedule 6 shall be implemented in TAFE in order to maximise Annual Student Hours.

 

13.3    The parties agree to consult on any variations to State and Commonwealth funding authority requirements in relation to the use of ASH as a measure of institute output.

 

14.  Attendance - Teachers and Counsellors

 

14.1    The standard attendance hours of:

 

14.1.1 teachers, head teachers, special program coordinators and adult literacy officers, shall be 30 hours per week;

 

14.1.2 counsellors, advanced skills counsellors and senior counsellors, shall be 35 hours per week.

 

14.2    The daily span of working hours in colleges/campuses for officers and employees under this Award is between 6.00am and 10.00pm on Monday to Saturday, inclusive. Teaching and related duties hours worked by teachers should, unless otherwise unavoidable or by agreement between a teacher and their immediate manager, be continuous.

 

14.3    All full time officers shall be required to attend college five days per week on Monday to Friday, inclusive. However, where the course program requires, teachers, head teachers, special program coordinators, adult literacy officers, counsellors, senior counsellors and advanced skills counsellors:

 

14.3.1 may be required to work on any five days from Monday to Saturday inclusive as part of their normal program, although they may meet weekly attendance requirements in four days per week;

 

14.3.2 who are required as part of their normal program to work on a Saturday shall, if they so request, be entitled to have two consecutive days off in the following week.

 

15.  Duties of Teachers

 

15.1    For the purpose of this clause teacher includes, head teachers, special program coordinators and adult literacy officers.

 

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

 

Direct Teaching Activities			Duties Related to Teaching
Direct teaching activities include but are not			Duties related to teaching include but are not
limited to:			limited to:
	- face to face teaching in any environment or			preparation;
	setting, including but not limited to:			marking;
		- classrooms,		support and advice to clients;
		- workshops,		enrolment and administration;
		- industry		course, curriculum and program development
		- in the field;		and review;
				industry and community liaison and promotion;
	- distance mode and online;			training and professional development;
				development of learning materials;
	- workplace training and assessment.			research;
				attendance at staff meetings;
				recognition of prior learning;
				workplace consultancy and advisory services;
				skills analysis and audit;
				work placement coordination and supervision;
				leading approved staff development activities;
				student selection;
				course coordination as specified in curriculum
				documents.

 

15.3    Head teachers also perform administrative duties and special program coordinators and adult literacy officers perform administrative and coordination duties.

 

16.  Allocation of Duties

 

16.1    The direct teaching or counselling component of:

 

16.1.1 full time teachers shall be 20 hours per week;

 

16.1.2 head teachers shall be ten or 14 hours per week as determined by the employer;

 

16.1.3 adult literacy officers shall be nine hours per week;

 

16.1.4 counsellors and advanced skills counsellors shall be 20 hours per week;

 

16.1.5 senior counsellors shall be 14 hours per week;

 

16.1.6 special program coordinators and assistant outreach coordinators shall be six hours per week or 216 hours per annum;

 

provided that all teachers, special program coordinators and adult literacy officers are entitled, pursuant to clause 21, Professional Development - Teachers, to a reduction in their direct teaching time by the requisite amount of professional development time.

 

16.2    Teachers shall be required to teach 19 hours per week direct teaching including face to face teaching in any environment or setting including, but not limited to, classrooms, workshops, industry, in the field, by distance mode and online, and including workplace training and assessment.

 

16.3    Only at the discretion of the institute director (or nominee) shall any reduction in the teaching load be permitted.  If any such reduction is permitted, the teacher shall not be paid for excess teaching hours, except as otherwise approved by the institute director.

 

16.4    Those teachers whose classes finish prior to the end of the TAFE Year, semester or term due to final examination shall continue to perform other duties. Such duties are to be agreed between the teacher and their immediate manager.

 

16.5    The annual hour equivalents of the direct teaching activities, related duties, administrative and coordination duties and annual weeks of attendance of teachers, adult literacy officers, head teachers and special program coordinators shall be as follows:

 

 

*  Includes head teachers band 1 supervising > 150 weighted hours per week

 

#  Includes 36 hours professional development.

 

F  Coordination and Administrative duties for adult literacy officers and special program coordinators

 

17.  Duties Related to Teaching

 

17.1    For the purpose of this clause teacher includes head teacher, adult literacy officer and special program coordinator.

 

17.2    In addition to direct teaching activities teachers shall be entitled to attend to duties related to teaching for 30 minutes for each hour of teaching that forms part of their approved program, except that adult literacy officers shall be entitled to six hours of related duties time for each week of teaching.

 

17.3    Where a teacher is given a teaching release, each hour of teaching release shall involve a 30 minute reduction in the teacher’s related duties time.

 

17.4    Duties related to teaching shall also be undertaken during the five non teaching weeks per annum.

 

17.5    Teachers shall continue, in consultation with their immediate manager, to determine duties that shall be conducted during related duties time.

 

18.  Administrative Duties

 

18.1    The administrative component of a head teacher shall be:

 

18.1.1 nine hours per week for a head teacher band 1 supervising up to 150 weighted teaching hours per week;

 

18.1.2 15 hours per week for a head teacher band 1 supervising more than 150 weighted teaching hours per week; and

 

18.1.3 15 hours per week for a head teacher band 2.

 

19.  Averaging

 

19.1    For the purpose of this clause, teacher includes head teacher.

 

19.2    Teachers and their supervisors may agree to average the teacher’s direct teaching component as set out in subclause 16.1 of clause 16, Allocation of Duties, over fixed periods of up to one year determined in advance to enable appropriate patterns of work to meet student needs in accordance with the following provisions.

 

19.2.1 Teachers may, within the fixed averaging period be allocated teaching up to five hours above their direct teaching component, provided that the direct teaching component is to balance over the averaging period.

 

19.2.2 The direct teaching component to related duties ratio is to be maintained but may be averaged over the fixed averaging period, provided that the standard attendance of 30 hours per week is met.

 

19.2.3 Within the fixed averaging period, any direct teaching undertaken which exceeds five hours above the teacher’s weekly direct teaching component as set out in subclause 16.1 of the said clause 16, Allocation of Duties, shall be paid in accordance with clause 26, Excess Teaching Hours.

 

19.2.4 Any teaching undertaken, which exceeds at the end of the fixed averaging period a teacher’s direct teaching component, shall be paid as excess hours. Excess teaching hours claimed in accordance with paragraph 19.2.3 of this subclause cannot be included in determining teaching hours for the purpose of this paragraph.

 

19.2.5 Except for hours accrued in accordance with the said paragraph 19.2.3, where an averaging teaching program is worked, payment for excess hours will be determined and paid at the end of the fixed averaging period or semester whichever is the lesser in accordance with clause 26, Excess Teaching Hours.

 

19.3    A teacher may average their direct teaching component over periods of less than one year consistent with subclause 19.2 of this clause.

 

19.4    The administrative component of a head teacher’s approved program must be worked as a consistent number of hours on a weekly basis within any year. Averaging of the administrative component of the standard attendance hours is not permitted.

 

20.  Accumulating Program

 

20.1    For the purpose of this subclause, teacher includes head teachers.

 

20.2    By agreement between the teachers and their immediate manager, and subject to TAFE’s needs, teachers may elect to teach up to a maximum of five hours above their direct teaching component over one term or up to twelve weeks.

 

20.3    Teachers may not be directed to teach an accumulating program.

 

20.4    Regular or repetitive use of accumulating programs for periods over twelve weeks should be avoided.  Where the need arises, accumulating hours beyond that period is also voluntary.

 

20.5    When an accumulating program is chosen, teachers may elect on a once per term basis to accumulate hours or be paid fortnightly for the teaching hours above twenty.

 

20.6    Where teachers elect to accumulate hours, they may be paid at the end of the term or accrue excess hours into the next term.

 

20.7    Where an election to accumulate hours is made, teachers in consultation with their immediate manager should, in the context of a pre planned program, determine in advance when the time in lieu is to be taken.

 

20.8    If payment is elected, it shall be in accordance with clause 26, Excess Teaching Hours.

 

20.9    By the end of the TAFE year all excess hours must be taken as time in lieu or paid out.

 

20.10   The teaching component to related duties ratio of 2:1 is to be maintained for the first 20 hours of teaching.

 

20.11   Teachers shall be required to attend for 41 weeks per annum unless accumulated hours have been banked to be taken as time in lieu.

 

21.  Professional Development - Teachers

 

21.1    For the purposes of this clause, teacher includes head teachers, special program coordinators and adult literacy officers.

 

21.2    Discussions are to occur between the teacher and their appropriate head teacher/supervisor for an agreed professional development plan that meets the development needs of the teacher and the section/faculty/unit. The plan will be developed as part of the Annual Teacher Review process and will guide the professional development plan over the year.

 

21.3    An approved program for all teachers shall include professional development on the following basis:

 

21.3.1 teachers undertaking teacher training shall have two hours per teaching week professional development in their first two years of service;

 

21.3.2 teachers who are teacher trained on recruitment shall have two hours professional development per teaching week in their first year of service; and

 

21.3.3 all other teachers shall have one hour of professional development per teaching week and may elect to use their professional development time on a weekly basis or to accrue this time over a period of up to twelve weeks.

 

21.4    The parties shall encourage teachers to accumulate their professional development time up to a maximum of twelve hours. This shall facilitate teachers engaging in more meaningful accredited professional development programs. This shall not prevent teachers electing to take their professional development time on a weekly basis.

 

21.5    The related duties time which would normally accrue to the hour(s) of teaching replaced by professional development shall continue to be used for teaching related duties.

 

21.6    The professional development allocation, which is provided by agreement between the parties, is in recognition of the potential value of professional development and:

 

21.6.1 is available for professional experience;

 

21.6.2 is available for self initiated activities;

 

21.6.3 shall be in addition to other professional development time/activities already provided by the employer; and

 

21.6.4 teachers are encouraged to share their experiences with other teachers.

 

22.  TAFE Year

 

22.1    For the purpose of this clause, teacher includes head teacher.

 

22.2    Institutes shall operate for a period of 50 weeks in a calendar year. There shall be a two week close down period in colleges/campuses over the Christmas and New Year period. The dates of the close down period shall be determined by the Managing Director or delegate.

 

22.3    Teachers working TAFE Year programs shall undertake teaching duties for 36 weeks, non-teaching duties for five weeks and are to receive the same number of public holidays and vacation days in the TAFE Year as teachers who are working the standard educational year.

 

22.4    Teachers may not be directed to teach more than twelve consecutive weeks without taking a vacation break or may not elect to teach more than eighteen consecutive weeks without taking a vacation break.

 

22.5    Staffing of courses delivered outside the standard educational year shall be based on an essentially consultative procedure.

 

22.6    Managers of the relevant sections shall:

 

22.6.1 at the first instance, seek volunteers from within the college/campus to teach the course.  If suitably qualified full time teachers from within the college/campus are available and they wish to make alternative vacation arrangements, the college/campus should introduce an equitable system of selecting volunteer teachers on a rotation basis;

 

22.6.2 if no suitable full time teachers within the college/campus are available, then offers to teach courses may be extended to full time teachers at other colleges/campuses;

 

22.6.3 failing the above, an offer could then be made to suitable part time casual teachers;

 

22.6.4 in the event that all of the above avenues are exhausted, an institute manager may direct a full time teacher to undertake the program, provided that a teacher directed to teach in a TAFE Year program in the midsummer vacation shall not be directed to teach a TAFE Year program in the following midsummer vacation.

 

22.7    Deferred vacation leave shall be arranged on an agreed basis between the teacher and the college management, taking into account the educational programs in the college/campus, particularly in the first two weeks of the standard educational year, and the needs of the teacher.

 

22.8    Deferred vacation leave shall be taken, whenever possible, in full weekly blocks, each beginning Monday and ending on Friday.

 

22.9    Deferred vacation leave is to be cleared within twelve months of the conclusion of the TAFE Year activity and cannot be accumulated and carried over into subsequent years.

 

22.10   The TAFE Year provisions shall apply to teachers who are required to attend college/campus for student selection, programming, enrolment and other duties which can only be done outside the standard educational year and which are essential to the functioning of the section.

 

22.11   Teachers who work up to three days in one block outside the standard educational year may elect, once per TAFE Year, to be paid for this work in lieu of taking vacation leave.  Where a teacher elects to be so paid, such payment shall be made at the rate for excess teaching as per clause 26, Excess Teaching Hours.

 

23.  Additional One Week

 

23.1    For the purpose of this clause teacher includes head teacher.

 

23.2    By agreement between teachers and their immediate manager, teachers may elect to attend up to one week of their agreed non attendance period to meet TAFE’s needs.

 

23.3    Teachers may elect to be paid for this work or to accumulate their hours.

 

23.4    Where an election for payment is made, then such payment shall be at the rate prescribed at clause 26 Excess Teaching Hours for excess teaching hours or at the part time casual duties other than teaching rate for related duties.

 

23.5    Where teachers elect to accumulate, such hours shall contribute to their bank of hours.

 

23.6    Where teaching duties are undertaken, the hours shall accumulate as part of their total teaching bank of hours.

 

23.7    Where related duties are undertaken, these hours shall accumulate as part of the related duties bank of hours.

 

23.8    Teachers, in consultation with their immediate manager, should consider the provisions of clause 22 TAFE Year, and this clause.

 

23.9    Teachers may only attend one additional week per TAFE Year, whether the provisions of the said clause 22 TAFE Year, or this clause are applied.

 

23.10   Where teachers are directed to undertake duties in a vacation period, after the provisions of subclause 22.6 of clause 22 TAFE Year have been followed, then only the provisions of clause 22 TAFE Year shall apply.

 

23.11   Where teachers volunteer to undertake duties in the vacation period, then either the provisions of clause 22 TAFE Year or the provisions of this clause shall apply.

 

24.  Evening Work - Counsellors

 

24.1    For the purpose of this clause, counsellor includes senior counsellors and advanced skills counsellors.

 

24.2    Counsellors required to perform part of their counselling program after 5.30pm as part of their normal program shall be paid at a rate of 1.25 times their hourly salary rate.

 

260.3   The formula for calculating the hourly salary rates for a counsellor shall be:

 

Annual Salary	x	5	x	1
260.8929		1		35

 

25.  Time Credit

 

25.1    For the purposes of this clause, teacher includes head teacher and adult literacy officer.

 

25.2    Teachers who are required to perform direct teaching activities between 6.30pm and 10.00pm Monday to Friday and 6.00am and 10.00pm on Saturday as part of their approved program and not part of excess teaching hours, shall have their direct teaching activities reduced by one hour for every four hours of such teaching or pro rata, provided that:

 

25.2.1 where, as a consequence of the operation of this subclause, a teacher’s teaching load is reduced by their attendance, the said teaching load shall be reduced by an equivalent time but the teacher’s total related duties time shall remain unaltered;

 

25.2.2 subject to the provisions of clause 19, Averaging, where, as a consequence of the operation of this subclause, a teacher's direct teaching load is reduced, direct teaching hours above the reduced load shall be deemed to be excess and paid at the appropriate rate according to clause 26, Excess Teaching Hours, for the time at which the hours are taught.

 

25.2.3 A teacher may choose to accumulate the excess teaching hours in accordance with the provisions of clause 20, Accumulating Program.

 

25.3    Teachers who are required to work during the hours prescribed at subclause 25.2, other than direct teaching, including the following circumstances:

 

25.3.1 Related duties (excluding meal breaks) which in one continuous period of time, extend beyond 6.30pm and 10.00pm Monday to Friday and or between 6.00am and 10.00pm Saturday, where a teacher is required to teach two teaching sessions that are part of their approved program;

 

25.3.2 where head teachers are directed to perform supervisory duties;

 

25.3.3 enrolment duties;

 

as part of their approved program and not as part of excess teaching hours, shall be paid at a rate of 1.25 times the hourly rate for the teacher so engaged. The formula for calculating the hourly rate of the teacher shall be:

 

Annual Salary	x	5	x	1
1		260.8929		30

 

26.  Excess Teaching Hours

 

26.1    For the purpose of this clause, teacher includes head teacher and adult literacy officer.

 

26.2    Subject to the provisions in clause 19, Averaging, Excess teaching hours worked between 6.00am and 6.30pm Monday to Friday shall be paid at a rate known as the excess teaching rate. 

 

26.3    The formula for calculating the excess teaching hourly rate for hours described in subclause 26.2 shall be:

 

Maximum TAFE Teacher Salary	x	5	x	1	x	1.3475
1		260.8929		30

 

26.4    Subject to the provisions in clause 19, Averaging, excess teaching hours worked between 6.30pm and 10.00pm, Monday to Friday and 6.00am and 10.00pm Saturday, shall be credited on the basis of five hours for every four hours worked, or pro rata, and the hours so derived shall be paid according to this clause.

 

26.5    Where as a consequence of the operation of clause 25, Time Credit a teacher’s standard teaching load is reduced, the excess teaching hourly rate will only be payable to:

 

26.5.1 a teacher, if, subject to the provisions of clause 19, Averaging, they have performed direct teaching duties of at least 19 hours in the week.

 

26.5.2 a head teacher, if, subject to the provisions of clause 19, Averaging, they have performed direct teaching duties of  9 to 13 hours in the week as determined by the employer.

 

26.5.3 an adult literacy officer, if they have performed direct teaching duties of at least 8 hours in the week.

 

26.6    Emergency Hours -

 

26.6.1 Emergency excess teaching hours occur when an unplanned absence of a teacher leads to another teacher being given less than 24 hours notice to take a class.

 

26.6.2 Payment for emergency excess teaching hours shall be made fortnightly at the appropriate rate for the hours worked.

 

26.6.3 Emergency excess teaching hours cannot be included in determining the direct teaching hours of an averaging program.

 

26.7    The parties agree that the use of excess teaching hours shall be discouraged.

 

27.  Sunday Work/Night Work

 

27.1    For the purpose of this clause teacher includes head teacher and adult literacy officer.

 

27.2    That part of an approved program required to be worked on Sunday or on other days between the hours of 10.00pm and 6.00 am shall be paid at the rate of double the hourly rate of the teacher.

 

27.3    The formula for calculating the hourly rate shall be:

 

Annual Salary	x	5	x	1
1		260.8929		27

 

28.  Qualifications for Appointment

 

28.1    Except where the employer determines that special circumstances exist in relation to a particular person which warrant that person’s appointment with a lesser qualification or a shorter duration of vocational experience, the minimum qualifications for appointment to positions are as follows:

 

28.1.1 Education officer - appropriate degree or diploma at AQF level or equivalent and appropriate vocational and or industrial experience.

 

28.1.2 Teacher - appropriate technical or professional qualifications plus from two to five years, as appropriate, vocational and or industrial experience.

 

28.1.3 Counsellor - appropriate degree from a higher education institution and at least three years study in psychology or other such study as the employer deems appropriate, plus two years appropriate vocational experience.

 

29.  Working Conditions - Education Officers and Related Employees

 

29.1    This clause sets out the general conditions of employment for the following classifications - education officer, senior education officer, chief education officer, principal education officer, curriculum manager, industry specialist, principal officer, quality assurance coordinator, cluster manager, program manager, Manager Education and Training Resource Centre.

 

29.2    They shall:

 

29.2.1 be employed on a 35 hours per week basis and may average their working hours, provided they work 420 hours every twelve weeks;

 

29.2.2 be entitled to professional development/study time as per clause 30, Professional Development - Education Officers, Related Employees and Counsellors.

 

29.3    In the context of a pre planned program, managers and their employees shall negotiate their working arrangements, including their daily span of hours, so as to meet TAFE’s and the individual's needs.  Possible working arrangements include:

 

29.3.1 the taking of part, single or multiple days as time in lieu;

 

29.3.2 taking time in lieu before 420 hours have been accumulated;

 

29.3.3 working a standard 35 hour week.

 

29.4    Up to a maximum of one week (35 hours) may be carried forward from one twelve week period to the next.

 

29.5    Where employees do not work the required 420 hours over the twelve week period, then an annual leave debit shall be made to cover the shortfall.

 

29.6    Where agreed working arrangements need to be reviewed this shall also be negotiated between employees and their manager.

 

29.7    The band of hours for employees not located in colleges/campuses shall be from 7.30am to 9.00pm Monday to Friday.

 

29.8    The band of hours for employees located in colleges/campuses shall be from 6.00am to 10.00pm Monday to Saturday.

 

29.9    All full time employees located in colleges/campuses shall be required to attend five days per week unless the taking of time in lieu has been agreed.

 

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

 

30.1    Permanent and temporary education officers, related employees and counsellors shall have a professional development program as follows:

 

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

 

30.1.2 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 immediate manager. The absence requires the approval of the employer and is subject to the operating needs of the unit.

 

30.2    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:

 

30.2.1 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 the employer.

 

30.2.2 Related employees as per clause 30.2 undertaking courses of study who require different arrangements to those in subclause 30.2.1 may apply to the employer for special consideration. The employer shall consider these requests on a case-by-case basis.

 

30.2.3 Where the employer requires professional development, the employer will meet the compulsory fees involved. Where the professional development opportunity is voluntary the employer may, at its discretion, refund all or part of the compulsory fees incurred by the related employees as per clause 30.2.

 

30.2.4 Related employees as per clause 30.2 employed as at 3 June 2005 with an existing balance of professional development time of up to 60 days may utilize this time as provided for in subclause 30.2.1 of this agreement.  Following utilisation of this balance, professional development time will accrue on the basis provided for in subclause 30.2.1 of this agreement.

 

30.2.5 Related employees as per sub clause 30.2 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 30.2.1.

 

31.  Leave for Teachers and Related Employees

 

31.1    In addition to the leave entitlements provided by this subclause, TAFE teachers and related employees are also entitled to adoption , maternity and parental leave in accordance with the TAFE NSW Adoption, Maternity and Parental Leave Procedures.

 

31.2    Annual Recreation Leave - All officers and temporary employees shall be entitled to a minimum of 20 days recreation leave or pro rata where employed for periods less than the equivalent full time.

 

31.3    Annual Leave Loading - All officers and temporary employees shall be paid a loading of 17.5 per cent of their wage/salary for each week of the four weeks minimum annual leave as provided for in subclause 31.1 for each twelve months of service, or pro rata, on the basis of the employee’s ordinary salary rate.

 

31.4    Annual Leave and Agreed Weeks of Non Attendance - teachers, counsellors and special program coordinators:

 

31.4.1 Except where provision is otherwise made in this Award, all leave in excess of four weeks shall be deemed to be in lieu of additional work and overtime.

 

31.4.2 In lieu of the provisions under the Annual Holidays Act 1944, unless otherwise required by the employer, officers and temporary employees in the following classifications shall not be required to attend their workplace for the number of weeks as set out in the following schedule:

 

Salary Group	Classification	Annual Leave	Agreed Weeks of
		Weeks	Non Attendance
Common Salary	Teacher	4	7
Scale	Adult Literacy Officer	4	7
	Counsellor	4	3
	Advanced Skills Counsellor	4	3
	Assistant Outreach Co-ordinator	4	6
Promotion Salary	Head Teacher	4	7
Scales	Special Program Coordinators	4	6
	Consultants for students with a disability	4	7
	Senior Counsellor	4	3

 

31.5    Sick Leave -

 

31.5.1 All officers and temporary employees shall be entitled to fifteen days per annum with the unused component of the annual entitlement being fully cumulative or pro rata where employed for periods less than the equivalent full time.

 

31.5.2 Employees employed on teaching conditions who, as at 31 January 1994, were entitled to 22 days on full pay and 22 days on half pay in any twelve month period shall retain their previously accumulated sick leave entitlement.

 

31.5.3 Special sick leave shall continue to be available.

 

31.5.4 Additional Sick Leave - the provisions of this subclause shall only apply to officers and temporary employees employed on teaching conditions.

 

(i)       The maximum grant of additional sick leave during the first two years of service is fifteen days.

 

(ii)       Additional sick leave provided under this subclause is available at any stage during the employee’s first two years of service but shall only be granted in circumstances where:

 

(a)      there is no current concern regarding the employee’s use of sick leave as contained in paragraph 31.4.1 of this subclause;

 

(b)      all sick leave entitlements as contained in paragraph 31.4.1 have been exhausted.

 

31.6    Extended Leave -

 

31.6.1 Officers and full time temporary employees shall be entitled to extended leave of 44 working days on full pay or 88 working days on half pay after completing ten years of service and a further eleven working days for each completed year of service after ten years.

 

31.6.2 Extended leave entitlements as a result of service prior to 31 January 1994 shall be saved as accumulated under the pre-existing provisions applying to the employee concerned.

 

31.7    Family and Community Service Leave -

 

31.7.1 The maximum amount of family and community service leave that may be granted to full time officers and temporary employees is:

 

(i)       during the first twelve months of service - three working days;

 

(ii)       after completion of twelve months service - six working days in any two year period;

 

(iii)      after completion of two years service - nine working days in any three year period.

 

31.8    Personal/Carer's Leave -

 

31.8.1 Use of Sick Leave -

 

(i)       Where family and community service leave is exhausted an officer or temporary employee with responsibilities in relation to a class of person set out in subparagraph (iii) (b) below who needs that 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 sick leave provisions of this agreement or absences to provide care and support for such persons when they are ill.  Leave may be taken for part of a day.

 

(ii)       That 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. In normal circumstances, an employee must not take personal carer's leave under this subclause where another person has taken leave to care for the same person.

 

(iii)      The entitlement to use sick leave in accordance with this subclause 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 the 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 domestic basis; or

 

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

 

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

 

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

 

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

 

(iv)      An employee shall, wherever practicable, give the employer or nominee 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 prior notice of absence, the employee shall notify the employer or nominee of such absence at the first opportunity on the day of absence.

 

31.8.2 Unpaid Leave for Family Purposes -

 

(i)       An officer or temporary employee may elect, with the consent of the employer or nominee, to take unpaid leave for purpose of providing care and support to a member of a class of person set out in subparagraph 31.8.1 (iii) (b) who is ill.

 

31.8.3 Annual Leave -

 

(i)       An officer or temporary employee may elect, with the consent of the employer or nominee and subject to the Annual Holidays Act 1944, to take annual leave not exceeding ten days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.

 

(ii)       Access to annual leave, as prescribed in subparagraph (i) of this paragraph, shall be exclusive of any shut down period provided for elsewhere under this agreement.

 

(iii)      The employee and employer or nominee may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(iv)      An officer or a temporary employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

31.8.4 Time Off in Lieu of Payment for Overtime -

 

(i)       An officer or temporary employee may elect, with the consent of the employer, to take time off in lieu of payment of overtime at a time or times agreed with the employer within twelve months of the said election.

 

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

 

(iii)      If, having elected to take time as leave in accordance with subparagraph (i) of this paragraph, 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.

 

(iv)      Where no election is made in accordance with the said subparagraph (i), the employee shall be paid overtime rates in accordance with the award.

 

31.8.5 Make-up Time -

 

(i)       An officer or temporary employee may elect, with the consent of the employer or nominee to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the agreement, at the ordinary rate of pay.

 

31.8.6 Rostered Days Off -

 

(i)       An officer or temporary employee may elect, with the consent of the employer or nominee, to take a rostered day off at any time.

 

(ii)       An employee may elect, with the consent of the employer or nominee, to take rostered days off in part day amounts.

 

(iii)      An employee may elect, with the consent of the employer or nominee, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer or nominee and the employee, or subject to reasonable notice by the employee or the employer or nominee.

 

(iv)      This subclause is subject to the employer or nominee informing each union which is party to the agreement and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

 

31.8.7 Bereavement Leave -

 

(i)       An officer or temporary 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 31.8.1 (iii) (b) of this subclause, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(ii)       The employee must notify the employer or nominee as soon as practicable of the intention to take bereavement leave and shall, if required by the employer or nominee provide to the satisfaction of the employer or nominee proof of death.

 

(iii)      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.

 

(iv)      Bereavement leave may be taken in conjunction with other leave available under this clause.  In determining such a request the employer or nominee shall give consideration to the circumstances of the employee and the reasonable operational requirements of TAFE.

 

32.  Calculation of Service

 

32.1    In calculating the years of service for the purpose of this Award the following periods shall not be taken into account:

 

32.1.1 any leave of absence without pay exceeding five days in any year of service;

 

32.1.2 any unauthorised absences;

 

32.1.3 any time period during which an employee is not eligible to progress by reason of failure to satisfy any condition attaching to salary progression under this Award.

 

33.  Training and Development

 

33.1    The parties confirm a commitment to training and development for all education employees.  Employees recognise their obligation to maintain and update their skills. The employer recognises its obligations to provide employees with opportunities to maintain and update their skills.

 

33.2    It is the aim of the parties to this Award that employees shall be provided with opportunities for training and development so that they will form a highly skilled, competent and committed workforce, experiencing job satisfaction and providing the highest quality service.

 

33.3    The parties agree that, wherever possible, training and development shall be designed to articulate with approved and accredited courses.

 

33.4    The employer shall facilitate the professional development, skills enhancement and career development opportunities of employees and improve effectiveness through a range of activities, including:

 

work-based learning;

 

return to industry;

 

job rotation;

 

transfers;

 

secondment;

 

project team participation;

 

job design and redesign;

 

provision of training relevant to the needs of the individual and the requirements of the organisation.

 

34.  Multi-Skilling

 

34.1    Subject to appropriate qualifications, training and taking into account a teacher’s long term career path opportunities, the employer may transfer teachers to teach their approved program in part or in whole in another location or discipline other than the one to which they currently belong.

 

34.2    Teachers transferred pursuant to subclause 34.1 of this clause shall have a right to a review of their position each year in consultation with relevant TAFE officers.

 

35.  Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors

 

35.1    This clause sets out the general conditions of employment for part time casual teachers, coordinators and counsellors. In addition to the leave entitlements provided by this subclause, part time casual teachers and coordinators are also entitled to adoption, maternity and parental leave in accordance with the TAFE NSW Adoption, Maternity and Parental Leave Procedures.

 

35.2    Subject to satisfying the conditions prescribed by this Award, the hourly rate of pay inclusive of all incidents of employment, excluding entitlements under the Long Service Leave Act 1955 and including duties in subclause 35.7 of this clause, of part time casual teachers and coordinators shall be as set out in Schedule 7.

 

35.3    Part time casual teachers who teach within a correctional centre shall be entitled to an environmental allowance of an additional amount per hour as set out in Schedule 2 on the rates contained in Schedule 7 for each hour so taught within the correctional centre.

 

35.4    Duties -

 

35.4.1 The rate paid for part time casual teachers is for the duties on which part time casual teachers are engaged during the hours for which they have been authorised to undertake direct teaching activities and performance of related duties including:

 

attendance in the classroom before the commencement and after the completion of class;

 

setting and marking of class tests;

 

assessing and marking students' practical work;

 

preparing special lectures and lecture demonstrations;

 

completing records and returns;

 

setting and marking assignments;

 

initial recording of results;

 

familiarisation with the syllabus;

 

organisation of lesson plan;

 

preparation of lesson notes, and teaching aids;

 

making copies of notes; and

 

preparation for practical work, drawing and practical exercises.

 

35.5    Sick Leave -

 

35.5.1 Part time casual teachers and coordinators shall be entitled to sick leave as follows:

 

(i)       In any calendar year a part time casual teacher or coordinator shall be entitled to accrue and then use sick leave as set out in subparagraphs (ii) to (viii) below.

 

(ii)       After having completed 468 hours of service during any calendar year, a part time casual teacher or coordinator shall have accrued paid sick leave of three weeks per annum pro rata to the average number of hours per week worked by the teacher or coordinator in that calendar year. The part time casual teacher or coordinator shall accrue a number of hours sick leave on an annual basis equal to the number of hours service in a calendar year divided by twelve.

 

(iii)      Provided that a part time casual teacher or coordinator who has completed 468 hours service in a calendar year but does not have accumulated sick leave entitlement from preceding years shall have an hourly sick leave entitlement equal to the number of hours service, at the date of taking leave, multiplied by three and divided by the number of weeks worked by that date.

 

(iv)      The maximum amount of accumulated sick leave in any calendar year shall be 60 hours.

 

(v)      At the commencement of each calendar year, a part time casual teacher or coordinator shall be credited with unused sick leave accrued in the preceding calendar year.

 

(vi)      A part time casual teacher or coordinator who has an accrued sick leave entitlement and who, because of personal illness, is unable to attend or perform duty on any day when engaged or scheduled to attend, shall be entitled to be paid sick leave at the rate applicable to those duties.

 

(vii)     Where a part time casual teacher's or coordinator's application for sick leave exceeds three consecutive program days or as otherwise required by the employer, the part time casual teacher or coordinator shall produce a satisfactory medical certificate from a qualified medical practitioner stating the nature of the illness and the time which, in the doctor's opinion, must elapse before the applicant can resume duty.

 

(viii)    Where a part time casual teacher or coordinator is also engaged in any other full time employment and is entitled thereunder to sick leave benefits in respect to a period of employment which is concurrent with any period(s) of employment as a part time casual teacher or coordinator they shall not be entitled to any sick leave benefits under this Award.

 

35.6.2 Part time casual teachers and coordinators who have a sick leave entitlement pursuant to clause 35.5.1 shall be entitled to use that entitlement for personal/carer’s and bereavement leave purposes in accordance with subclause 31.8 Personal/Carer’s Leave. 

 

35.7    Hard to Fill Country Locations -

 

35.7.1 When a part time casual teaching, coordination and or counselling position has been advertised twice in the press and no selection has been made, appropriate travel and subsistence allowances pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837) as varied, or its successor shall be paid to part time casuals who, upon request by the employer, work in a remote location other than the location to which they are otherwise engaged.

 

35.8    Payment for Related Duties

 

35.8.1 Part time casual teachers teaching 10 or more hours in a week in any  Institute/s 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

 

35.8.2 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 subclause 35.7.

 

35.8.3 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.

 

35.9    Training and Development -

 

35.9.1 Where a part time casual teacher, coordinator or counsellor is approved to attend a staff development activity which coincides with normal duties, such part time casuals shall be paid at the rate applicable to their duty program for the length of that duty program whilst so engaged on staff development activities.

 

35.9.2 Allowances and reimbursement of out-of-pocket expenses pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837) as varied, or its successor, for motor vehicle allowances shall be made on the following bases, provided that such travel is by the most economical means.

 

35.9.3 If participants attend courses where they are required to be away from their homes overnight, they shall be entitled to:

 

(i)       provision of the cost of rail travel or use of car with payment at casual rates; and

 

(ii)       payment of incidental expenses necessarily incurred in travelling.

 

35.9.4 If participants attend courses where they are not required to be away from their homes overnight, they shall be entitled to:

 

(i)       travelling costs as per subparagraph 35.11.3 (i) and

 

(ii)       meal allowances, when meals are not provided by the employer.

 

35.10   Class Cancellation -

 

35.10.1          Where a part time casual teacher reports for duty on any day on the basis of a request by an authorised officer and then is advised that their services are not required or receive less than two hours notice of cancellation, the teacher shall be entitled to receive payment for the scheduled duties.

 

35.11   Attendance at Staff Meetings -

 

35.11.1          Part time casual teachers and coordinators who are approved to attend staff meetings shall be paid at the rate specified for duties other than teaching for attendance at the meetings.

 

35.11.2          A minimum one hour is payable for each meeting attendance.

 

35.11.3          Approval for attendance in excess of two hours for each meeting shall be at the discretion of the officer at the level above the part time casual’s supervisor.

 

35.12   Public Holiday Pay -

 

35.12.1          When a public holiday occurs on the day when part time casual teachers and coordinators are normally required to be on duty, they shall be paid for that day's normally programmed hours if they were:

 

(i)       On their normal duty day immediately preceding the public holiday, irrespective of whether that day was the class day one week earlier or some additional class day between those two days; and

 

(ii)       On their normal duty day immediately following the public holiday, irrespective of whether that day was the class day one week later or some additional class day between those days.

 

35.12.2          Part time casual teachers and coordinators engaged as substitutes for other part time casual teachers and coordinators shall be paid only if the normal part time casual teachers or coordinators do not qualify under paragraph 35.12.1 of this subclause.

 

35.12.3          Part time casual teachers who teach during a vacation period are entitled to be paid for public holidays falling within the vacation period pursuant to this clause.

 

35.13   Payment of Interview Expenses -

 

35.13.1          Part time casual teachers, coordinators and counsellors applying for full time TAFE positions are entitled to the following provisions:

 

(i)       When a part time casual is called for interview for a full time position, then the employer shall meet the applicant's reasonable expenses for travel and subsistence as contained in the Interview Expenses policy contained in the TAFE Commission Gazette of 10 August 1994, as amended from time to time.

 

(ii)       The payment of expenses shall be a matter for discussion and agreement prior to interview, bearing in mind due economy.

 

(iii)      Travel arrangements shall be discussed when interviews are arranged.

 

35.14   Recognition of Previous TAFE Part time Casual Service -

 

35.14.1          Part time casual teachers, coordinators and counsellors who are subsequently appointed to full time TAFE positions are eligible to have such part time casual TAFE service recognised for extended (long service) leave purposes, provided their service merged without break into full time service.

 

35.14.2          To calculate their entitlement, the following formula is used:

 

Number of hours worked per week
as a part time casual	x	Period of part time casual employment
Number of hours worked per week
by full time staff in that
classification

 

35.15   Agreed Leave -

 

35.15.1          Declared Emergencies -

 

(i)       Part time casual teachers and coordinators who, in a declared emergency, volunteer to assist the emergency services or who are members of volunteer emergency organisations which are required to assist during a declared emergency are to be granted leave with payment where it coincides with teaching duty. There is no limit on the duration of such leave.

 

(ii)       On resumption of duty, proof of attendance certified by an authorised representative of the emergency service shall be provided.

 

(iii)      Agreed leave for a further one day for rest purposes may be granted prior to the resumption of duty.

 

35.15.2          Jury Duty -

 

(i)       Part time Casual Teachers and Coordinators Responsibility -

 

(a)      A part time casual teacher or coordinator, who attends a court in answer to a jury summons on a day when they would otherwise be on duty, may elect to receive payment for jury expenses or receive leave, whichever is most advantageous to the part time casual.

 

(b)      To obtain leave, a part time casual teacher or coordinator must furnish to the appropriate supervisor any certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the part time casual teacher or coordinator during any such period and the details of any payment or payments made to the part time casual teacher or coordinator under Section 72 of the Jury Act 1977, in respect of any such period.

 

(c)      A part time casual teacher or coordinator must, as soon as possible, notify the appropriate supervising officer of the details of any jury summons served.

 

(ii)       Employer’s Responsibility -

 

(a)      The appropriate supervising officer shall, in respect of any period during which a part time casual teacher or coordinator was required to be on duty:

 

(1)      upon receipt of any such certificate of attendance grant, in respect of any such period for which the part time casual teacher or coordinator has been paid out-of-pocket expenses only, agreed leave on full pay; or

 

(2)      in any other case grant, at the sole election of the part time casual teacher or coordinator, agreed leave without pay.

 

35.15.3          Bereavement Leave

 

(i)       Subject to the evidentiary and notice requirements in 31.8.1 (ii) and 31.8.1 (iv) part time casual teachers, coordinators and counsellors are entitled to not be available to attend work, or to leave work on the death in Australia of a person prescribed in subclause 31.8.1 (iii) (b) of clause 31.8 Personal/Carer’s Leave.

 

(ii)       The employer and the part time casual teacher, coordinator or counsellor 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 part time casual teacher, coordinator or counsellor is not entitled to any payment for the period of non attendance.

 

(iii)      The employer must not fail to re-engage a part time casual teacher, coordinator or counsellor because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a part time casual teacher, coordinator and counsellor are otherwise not affected.

 

35.15.4          Personal//Carer’s Leave

 

(i)       Subject to the evidentiary and notice requirements in 31.8.1 (ii) and 31.8.1 (iv) part time casual teachers, coordinators and counsellors are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 31.8.1 (iii) (b) of clause 31.8 Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(ii)       The employer and the part time casual teacher, coordinator or counsellor 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 part time casual teacher, coordinator or counsellor is not entitled to any payment for the period of non attendance.

 

(iii)      The employer must not fail to re-engage a part time casual teacher, coordinator or counsellor because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a part time casual teacher, coordinator and counsellor are otherwise not affected.

 

35.16   Access to Facilities -

 

35.16.1          The institute shall ensure that the facilities are available to all part time casual employees.  Subject only to the needs for security and safety, teaching materials, working areas and equipment, resource and reference materials and technical and administrative employees shall be readily accessible by part time casual employees before, during and following their scheduled duty periods.

 

35.17   Statement of Service -

 

35.17.1          The employer shall maintain a record of service detailing hours paid during the period of engagement of all part time casuals.

 

35.17.2          The record of service prior to the introduction of the Lattice Human Resources Management System shall be established from the employer’s records supplemented by part time casuals submitting records/statutory declarations of this service.

 

35.17.3          This record of service will be updated and made available to each part time casual as a Statement of Service:

 

(i)       On request by the part time casual concerned; or

 

(ii)       On termination of the part time casual’s employment.

 

35.18   Induction -

 

35.18.1          A part time casual teacher, on initial engagement, shall be paid up to two hours at the duties other than teaching rate for attendance at a formal induction program.

 

35.19   Part time Casual Counsellors -

 

35.19.1          Part time casual counsellors shall be entitled to an hourly rate of pay as set out in Schedule 7.

 

35.19.2          The hourly rate of pay provided in Schedule 7 is inclusive of all incidence of employment, including sick leave in subclause 35.5, public holiday pay in subclause 35.12 and agreed leave in subclause 35.15 except for entitlements under the Long Service Leave Act 1955.

 

35.20   Temporary Appointment Opportunities -

 

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

 

36.  Contract Teachers (OTEN)

 

36.1    This clause establishes the general conditions of employment, including hourly rates of pay, which are specific to contract teachers employed at OTEN.

 

36.2    In addition to the qualifications for appointment the Basic Method of External Teaching (BMET) is the pre entry requirement.

 

36.3    Rates of Pay -

 

36.3.1 There shall be a single contract teaching rate.  The rate of pay for contract teachers is linked to the hourly teaching duties rate for part time casual teachers as follows:

 

Teaching Duties Rate for	x	2	x	25	=	$ per unit
Part time Casual Teachers		3		60

 

36.3.2 This formula reflects the parties' agreement that the marking of each unit of work shall be allocated 25 minutes.

 

36.3.3 The rates of pay for contract teachers (OTEN) are set out in Schedule 7. These rates are inclusive of all incidence of employment except for long service leave as provided under the Long Service Leave Act 1955.

 

37.  Provision for Positions which Are Hard to Fill

 

37.1    This clause does not apply to part time casual teachers and contract teachers (OTEN).

 

37.2    A position will be regarded as "hard to fill" when it has been advertised once throughout TAFE and twice throughout New South Wales in the major press and no appointment has been made.

 

37.3    When a position has been identified as "hard to fill" in accordance with subclause 37.2, the employer will review the position in order to ensure that the current position description and accountabilities appropriately reflect the nature of the position.  Where appropriate, job redesign will follow and the new position will be advertised in the normal manner.

 

37.4    Where job redesign has not been deemed to be appropriate, Institute Directors and managers may offer an allowance of up to ten per cent of the maximum salary of the position when it is next advertised.

 

37.5    The allowance will be paid to the selected applicant for as long as they remain in the advertised position.

 

38.  Industrial Rights

 

38.1    Federation Representatives -

 

38.1.1 An accredited Federation representative at the place in which they are employed shall, upon notification thereof to their employer, be recognised as an accredited Federation representative.

 

38.1.2 An accredited Federation representative shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting employees.

 

38.1.3 An accredited Federation representative shall be allowed a reasonable period of time during working hours to interview a duly accredited Federation official.

 

38.2    Consultative and Other Committee Work -

 

38.2.1 Where an employee is required by the employer, nominated by the Federation or otherwise selected by other employees to participate in work based consultative or like committees, the employer shall provide such employees with paid leave to attend to such matters.

 

38.2.2 In addition, where such committees unanimously agree to undertake a particular project consistent with their terms of reference, the employer shall provide sufficient paid time to enable the employee to undertake the project.

 

39.  Quality Improvement Program

 

39.1    The parties are committed to encouraging officers at all levels to take responsibility for the continuous improvement of all processes, products and services of TAFE.

 

39.2    The parties will actively participate in the development and implementation of the agreed quality improvement program throughout TAFE and will contribute to the program's success.

 

40.  Pilot Schemes

 

40.1    The parties agree to pilot innovative ways to meet customer needs; to jointly develop performance indicators for these schemes; to jointly monitor and measure the success of these schemes using these indicators; and to implement those initiatives which they have agreed are a success.

 

40.2    The parties agree that, before pilot schemes are introduced, the Federation and affected officers involved must be consulted and agree to their trial.

 

41.  Principles of Restructuring

 

41.1    The parties agree to the following basic principles in the restructuring of work units:

 

41.1.1 officers will be consulted at the first opportunity;

 

41.1.2 the Federation is notified and discussions held regarding the restructure;

 

41.1.3 where new structures are being considered, a broad outline of the structure with basic functions of each position will be developed;

 

41.1.4 the process involves ongoing consultation with officers and the Federation;

 

41.1.5 job analysis will be conducted on the new positions;

 

41.1.6 resulting position descriptions will be discussed with affected officers and the Federation;

 

41.1.7 job evaluation of positions is undertaken;

 

41.1.8 staffing of positions occurs in terms of redeployment, potential redeployment, transfer, staff selection and direct appointment, except where a position can clearly be identified as an upgraded position with an incumbent.

 

42.  Dispute Resolution Procedures

 

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

 

42.1.1 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.

 

42.1.2 The 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.

 

42.1.3 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 at the institute level with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

42.1.4 Where the procedures in paragraph 42.1.3 do not lead to resolution of the dispute, the matter shall be referred to the Deputy Director-General Workforce Management and Systems Improvement 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.

 

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

 

43.  No Further Claims

 

43.1    Except as provided by the Industrial Relations Act 1996, prior to 31 December 2011, there shall be no further claims by the parties to this Award for changes to salaries, rates of pay, allowances, or conditions of employment in relation to matters expressly contained in this Award subject to the following:

 

43.1.1 The parties may make claims with respect to matters prescribed in clause 47 - Further Employee Related Reform Measures and Cost Savings, and may seek to have those matters arbitrated by the Industrial Relations Commission.

 

44.  Anti-Discrimination

 

44.1    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.

 

44.2    It follows that in fulfilling their obligations under the dispute resolution procedures prescribed under clause 42, 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.

 

44.3    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.

 

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

 

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

 

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

 

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

 

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

 

44.5    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.

 

45.  Occupational Health and Safety

 

(i)       For the purposes of this clause, the following definitions shall apply:

 

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.

 

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.

 

(ii)       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):

 

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

 

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;

 

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

 

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.

 

(iii)      Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)      Disputes Regarding the Application of this Clause

 

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

 

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

 

46.  Area, Incidence and Duration

 

46.1    This Award covers all teachers and related employees in TAFE, the classifications of which are set out in Schedules 1, 4 and 7 inclusive. This Award does not cover teachers and related employees in TAFE Children’s Centres, Bradfield College and educational staff employed at the TAFE NSW - Riverina Institute National Aerospace Training Centre of Excellence (NATCOE) based at the RAAF base Wagga Wagga.

 

46.2    This award has been reviewed in accordance with section 19 of the Industrial Relations Act 1996 and it rescinds and replaces the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006 published 11 August 2006 (360 I.G. 500) and all variations thereof.

 

46.3    This Award shall commence on and from 1 January 2009 and remain in force until 31 December 2011.

 

47.  Further Employee Related Reform Measures and Cost Savings

 

47.1    In order to fund the salary increases provided under this award, the parties have committed to the identification and implementation of further employee related reform measures and cost savings to improve TAFE operational efficiency and competitiveness.

 

47.2    The parties agree to establish immediately a working party to identify and finalise the reforms by 3 April 2009. The working party shall consider a range of initiatives, including direct teaching hours of work of TAFE teachers and time credit hours to fund (to the extent not already achieved by the employee related reform measures already agreed and implemented by the parties as outlined in the Industrial Relations Commission Recommendation [2009] NSWIRComm 2 relating to IRC Matter Numbers 1979 of 2008, 1980 of 2008, 2042 of 2008, 2241 of 2008 and 2242 of 2008) the salary increases beyond 2.5% each year .

 

47.3    Should the working party not identify the necessary employee related reform measures and cost savings or should any dispute arise during the process, the parties acknowledge and commit to take all necessary steps so that the Industrial Relations Commission shall arbitrate on and determine by June 2009, the employee related cost savings necessary to fund the salary increases under this award.

 

Schedule 1

 

Common Incremental Salary Scale

 

The following salary scale applies to: teachers; education officers (TAFE); counsellors; adult literacy officers, and assistant outreach coordinators:

 

Current	Salary	Salary	Salary
salary steps	From the first pay period	From the first pay period	From the first pay period
	to commence on or after	to commence on or after	to commence on or after
	1.1.2009	1.1.2010	1.1.2011
Increase	4.4%	3.8%	3.8%
Step 13	78,667	81,656	84,759
Step 12	71,769	74,496	77,327
Step 11	69,047	71,671	74,394
Step 10	66,332	68,853	71,469

 

Schedule 2

 

Allowances

 

Additional Responsibility Allowances	Rates	Rates	Rates
	From the first	From the first	From the first
	pay period to	pay period to	pay period to
	commence on or	commence on or	commence on or
	after	after	after
	1.1.2009	1.1.2010	1.1.2011
Increase	4.4%	3.8%	3.8%
Teacher nominated as teacher in charge	3,532	3,666	3,805
Counsellor nominated as counsellor in	1,570	1,630	1,692
charge
Part time casual teachers teaching within a	1.53	1.59	1.65
correctional centre  (per hour)

 

Schedule 3

 

Locality Allowances

 

1.  Definitions

 

1.1      For the purposes of this schedule:

 

1.1.1   "Dependent child" means, unless otherwise defined in the Award, a child of which a teacher is a parent and who is resident with and wholly maintained by such teacher and either is under the age of sixteen years or is a full time student under the age of eighteen years or is completing their school studies up to and including Year 12.

 

1.1.2   "Dependent partner" means a person who is resident with and substantially reliant upon a teacher for their financial support, being either the teacher's spouse or a person whom the  employer is satisfied is cohabiting otherwise than in marriage with the teacher in a permanent de facto and bona fide domestic relationship.

 

1.1.3   "Duly qualified" means a practitioner practising in Australia who, by training, skill and experience, is competent to diagnose, advise with regard to, and or treat the condition in relation to which relevant medical or dental assistance, as the case may be, is reasonably sought.

 

1.1.4   "Married couple" means and shall include a teacher and their spouse or a person whom the employer is satisfied is cohabiting otherwise than in marriage in a permanent de facto and bona fide domestic relationship.

 

1.1.5   "Practitioner" means a legally qualified and lawfully practising medical practitioner or, as appropriate, a legally qualified and lawfully practising dentist and includes a duly qualified and lawfully practising physiotherapist to whom a teacher or a dependent spouse, partner or child of a teacher has been referred for treatment by a legally qualified medical practitioner.

 

1.1.6   "Reimbursable expenses" means, for the purposes of Part E of this schedule:

 

(i)       Actual travel costs in excess of the amounts specified in subparagraph (iv) of this paragraph in any one instance reasonably incurred in transporting a teacher and or a dependent partner and or dependent child of a teacher from his or her place of residence to a place at which a duly qualified practitioner is consulted.

 

(ii)       Travel charges in excess of the amounts specified in subparagraph (iv) of this paragraph in any one instance made by a duly qualified practitioner reasonably summoned to a teacher or a dependent partner or dependent child of a teacher at or near the place of residence of the teacher.

 

(iii)      The actual cost of accommodation not being hospital or nursing accommodation reasonably and necessarily incurred by a teacher or a dependent partner or dependent child of a teacher in connection with the attendance of that person away from their place of residence at a place at which a duly qualified practitioner is consulted.

 

(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	From the first pay	From the first pay
period to commence on	period to commence on	period to commence
or after 1.1.2009	or after 1.1.2010	on or after 1.1.2011
$	$	$
28	29	30

 

1.1.7   "Campus" shall include any college, campus, branch, annex, centre or other establishment to which a teacher is appointed.

 

1.1.8   "Single teacher" means and shall include a widow, widower, divorcee or teacher living separately and apart from their spouse.

 

1.1.9   "Travel costs" means, for the purposes of Part E of this schedule, the actual return transport costs payable in respect of the means of conveyance most appropriate to the circumstances and, in relation to a motor vehicle owned by a teacher or a dependent partner of a teacher, an amount calculated for the total distance travelled at the casual  rate determined from time to time by the employer provided, however, that transport costs shall not in any circumstances exceed a sum which would be applicable to any return trip over a distance greater than that to and from the place of residence of the relevant teacher and the GPO at Sydney.

 

1.1.10 "Teacher" for the purpose of this schedule means a permanent or temporary employee covered by this Award.

 

2.  Part A - Allowances - Climatic Disability -

 

2.1      Subject to clause 7 of this schedule, a teacher appointed to a campus located in the Western Division of New South Wales upon or to the west of a line starting from a point on the right bank of the Murray River opposite Swan Hill (Victoria), and thence by straight lines passing through the following towns or localities in the order stated, viz., Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, shall be paid an allowance at the rates prescribed in subclause 2.4 below.

 

2.2      Subject to clause 7 of this schedule, a teacher appointed to a campus within a zone of New South Wales established by the 0 Degrees Celsius July Average Minimum Temperature Isotherm as contained in the Climatic Atlas of Australia, June 1974 as amended, and published by the Bureau of Meteorology, shall be paid an allowance at the rates prescribed in subclause 2.4 below.

 

2.3      The allowances prescribed in subclauses 2.1 and 2.2 of this Part may be extended, excluded or otherwise varied by the employer to take into account any special circumstances.

 

2.4      Allowances under subclauses 2.1 and 2.2 are as follows:

 

Subclause	Climatic Allowances	Rates	Rates	Rates
No.		From the first	From the first	From the first
		pay period to	pay period to	pay period to
		commence on	commence on	commence
		or after	o r after	on or after
		1.1.2009	1.1.2010	1.1.2011
	Per annum $
Increase		4.4%	3.8%	3.8%
2.1	Teacher without dependent partner	1,090	1,131	1,174
	Teacher with dependent partner	1,288	1,337	1,388
2.2	Teacher without dependent partner	551	572	594
	Teacher with dependent partner*	735	763	792

 

* The dependent partner rate is one third greater than the rate for a teacher without a dependent partner.

 

3.  Part B - Allowances - Isolation from Socio Economic Goods and Services -

 

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

 

Group	Rates	Rates	Rates
	From the first pay period	From the first pay period	From the first pay period
	to commence on or after	to commence on or after	to commence on or after
	1.1.2009	1.1.2010	1.1.2011
	Per annum $
Increase	4.4%	3.8%	3.8%
1	3,580	3,716	3,857
2	3,221	3,343	3,470
3	2,861	2,970	3,083
4	2,506	2,601	2,700
5	2,146	2,228	2,313
6	1,792	1,860	1,931
7	1,433	1,487	1,544
8	1,076	1,117	1,159
9	721	748	776
10	358	372	386

 

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 -

 

Group	1st dependent child
	Rates	Rates	Rates
	From the first pay period	From the first pay period	From the first pay period
	to commence on or after	to commence on or after	to commence on or after
	1.1.2009	1.1.2010	1.1.2011
	Per annum $
Increase	4.4%	3.8%	3.8%
Group 1	428	444	461
Group 2	374	388	403
Group 3	316	328	340
Group 4	260	270	280
Groups 5 and 6	207	215	223

 

Group	2nd and subsequent dependent child
	Rates	Rates	Rates
	From the first pay period	From the first pay period	From the first pay period
	to commence on or after	to commence on or after	to commence on or after
	1.1.2009	1.1.2010	1.1.2011
	Per annum $
Increase	4.4%	3.8%	3.8%
Group 1	288	299	310
Group 2	237	246	255
Group 3	177	184	191
Group 4	125	130	135
Groups 5 and 6	67	70	73

 

4.  Part C - Allowances - Motor Vehicle -

 

Subject to clause 7 of this schedule, a teacher appointed to a campus included in Appendix A of this schedule shall be paid the following allowances -

 

Group	Rates	Rates	Rates
	From the first pay period	From the first pay period	From the first pay period
	to commence on or after	to commence on or after	to commence on or after
	1.1.2009	1.1.2010	1.1.2011
	Per annum $
Increase	4.4%	3.8%	3.8%
Groups 1, 2 and 3	1,924	1,997	2,073
Groups 4, 5 and 6	965	1,002	1,040

 

5.  Part D - Allowances - Vacation Travel Expense - Subject to Clause 7 of This Schedule.

 

5.1      A teacher, when proceeding on vacation leave, shall be entitled in any calendar year to the payment of certain travel expenses on the following occasions:

 

5.1.1   if appointed to a campus included in Appendix A of this schedule and in:

 

(i)       Groups 1 and 2 - three vacation journeys;

 

(ii)       Groups 3, 4, 5 and 6 - two vacation journeys;

 

(iii)      Group 7 - one vacation journey; or

 

5.1.2   if appointed to a campus covered by Determination 21 of the Determinations made pursuant to section 25 of the Teaching Service Act 1980, one vacation journey; and or

 

5.1.3   if appointed to a campus located more than 720 kilometres from Sydney by the nearest practicable route and other than a school or campus referred to in paragraph 5.1.1 of this subclause, one or more journey(s) if, given the circumstances of the campus location, the employer considers it to be warranted.

 

Provided always that the provisions of paragraphs 5.1.1, 5.1.2 and 5.1.3 shall not apply to a teacher with less than three years' service who, at the date of their engagement for service, was resident in the relevant area.

 

5.2      A teacher eligible for the payment of travelling expenses under subclause 5.1 shall have those travelling expenses calculated according to the formula for reimbursement set out in Determination 21 referred to in paragraph 5.1.2 of subclause 5.1 of this clause, except that the amount of overnight expenses shall be as set out in subclause 5.3 below, subject to the conditions contained in the aforementioned Determination. Provided that the use of a teacher's own car shall not require the approval of the employer.

 

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

 

From the first pay period to	From the first pay period	From the first pay period
commence on or after	to commence on or after	to commence on or after
1.1.2009	1.1.2010	1.1.2011
$	$	$
34	35	36

 

6.  Part E - Reimbursement of Certain Expenses Related to Medical Or Dental Treatment.

 

6.1      The provisions of subclauses 6.2, 6.3, 6.4, 6.5 and 6.6 of this clause apply only to a teacher who is appointed to a campus included in Appendix A of this schedule, but do not apply to a teacher -

 

6.1.1   who for the time being is on maternity leave; or

 

6.1.2   who is married to a spouse or has a partner normally resident in the locality, unless such spouse or partner is normally and usually dependent upon the teacher as a consequence of illness, incapacity or other reasonable inability to earn an income sufficient to support themselves and or his or her child or children, as the case may be.

 

6.2      Where a teacher reasonably incurs reimbursable expense, the amount thereof shall be paid to that teacher upon written application made to the employer.

 

6.2.1   A teacher shall not be disentitled to such payment merely by reason of the fact that the reimbursable expense incurred was in relation to the attendance by or upon a duly qualified practitioner who was not the nearest duly qualified practitioner available at the relevant time if special circumstances in the particular case render it desirable that the services of some other duly qualified practitioner be sought.

 

6.2.2   In any instance in which it is necessary for the teacher or the partner of the teacher or some other attendant to accompany the person in respect of whom reimbursable expense is incurred then, upon written application by the teacher to the employer, the additional travel and accommodation costs reasonably and actually incurred shall be paid to the teacher.

 

6.3      A teacher who claims payment of reimbursable expenses shall provide such evidence in substantiation of the claim as the employer may reasonably require.

 

6.4      The employer shall be entitled to refuse payment of any claim where it appears that the expense arose as a direct consequence of the serious and wilful misconduct or gross negligence of the person in respect of whom the expense was incurred.

 

6.5      A teacher shall, in respect of any occurrence which gives rise to the incurring of reimbursable expense, take all reasonable steps to recover any insurance, contributory fund, workers' compensation or other benefits or common law damages as may lawfully be payable in respect thereof and any sum actually recovered in respect of items of reimbursable expense under this Schedule shall be brought to credit as against the employer’s liability for the same.  If any such sum shall be recovered subsequently to payment by the Managing Director of reimbursable expense to a teacher, that teacher shall make an appropriate repayment. The employer shall not be entitled to withhold payment of reimbursable expense merely upon the ground that it or some portion of it may be recoverable at some time in the future from a third party.

 

6.6      The employer may, by notice in writing, require any teacher to effect and keep on foot a policy of insurance or membership of a medical fund to cover that teacher's liability for items of the nature of reimbursable expense under this schedule.

 

6.6.1   In any such case, the employer 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	From the first pay period	From the first pay period
to commence on or after	to commence on or after	to commence on or after
1.1.2009	1.1.2010	1.1.2011
$	$	$
28	29	30

 

6.6.2   If a teacher fails to comply with a requirement made by the employer under this subclause, such teacher shall not be entitled to claim any reimbursable expense which, but for their failure, would have been recouped to that teacher as a result of the relevant insurance or membership.

 

6.7      When a teacher is necessarily absent from duty for the purpose of securing advice and or treatment from a duly qualified practitioner for such teacher or dependent partner or child of such teacher, any period of such absence involved in travelling to or from the place of residence of the teacher to the place at which the advice or treatment is obtained shall not be debited against any sick leave credit to which that teacher is entitled. Provided that this clause shall be without prejudice to the right of the employer in their discretion to temporarily appoint the teacher to a campus nearer to the place of consultation or treatment where they may deem it desirable so to do.

 

6.8      The employer shall be entitled to decline payment of reimbursable expense to a teacher in any instance in which such expense relates to a non urgent elective consultation or treatment which might reasonably have been sought during a vacation period whilst the teacher or their relevant dependent partner, child or children (as the case may be) had, in the normal course, travelled to a location at which the type of consultation or treatment could be obtained.

 

7.  Part F - Payment of Allowances According to Marital Status (Payment of Allowances Regardless of Marital Status).

 

7.1      Subject to subclause 7.2 of this clause, where a married couple consists of two teachers who are otherwise eligible for payment of an allowance under this schedule then, in the case of an allowance under:

 

7.1.1   subclause 2.1 or 2.2 of clause 2 of this schedule, each teacher shall only be entitled to one half of the allowance provided therein for a teacher with a dependent partner;

 

7.1.2   subclause 3.3 of clause 3 of this schedule, each teacher shall only be entitled to one half of the allowance provided therein for a teacher with a dependent child or children;

 

7.1.3   clause 4 of this schedule, each teacher shall only be entitled to one half of the motor vehicle allowance applicable to a single teacher;

 

7.1.4   clause 5 of this schedule, each teacher shall only be entitled to one half of the vacation travel allowance; and

 

7.1.5   subclause 6.2 of clause 6 of this schedule, each teacher shall not qualify for reimbursement of expenses in so far as the teacher's partner qualifies for and claims reimbursement as a teacher.

 

7.2      Where a married couple includes a teacher entitled to allowances under the agreement and a person entitled to a similar allowance pursuant to the Crown Employees (Public Service Conditions of Employment) Award 2002 published 21 March 2003 (338 I.G. 837) as varied, or its successor, the teacher shall only receive the difference between that allowance and the married couple or dependent allowances under this schedule.

 

8.  Part G - Locality Allowance Committee -

 

8.1      A Locality Allowance Committee shall be established for the purpose of -

 

8.1.1   investigating all matters in dispute and reporting and making recommendations thereon to the employer  and the Federation;

 

8.1.2   recommending the inclusion or deletion of campuses to be covered by the provisions of clause 3 of this schedule; and

 

8.1.3   recommending the appropriate groupings and alteration of existing groupings of  campuses within clause 3 of this schedule.

 

8.2      The Locality Allowance Committee shall -

 

8.2.1   consist of an equal number of representatives nominated by the employer, and the Federation;

 

8.2.2   elect its own chairperson, who shall not have a casting vote;

 

8.2.3   be permitted to act in the absence of any member, provided more than one half of the members are present; and

 

8.2.4   by its creation and operation not affect the exercise of the powers and functions of any tribunal constituted under the Industrial Relations Act 1996.

 

APPENDIX A

 

ALLOWANCE FOR ISOLATION FROM SOCIO ECONOMIC GOODS AND SERVICES

 

Groupings of Campuses

 

Group 1	Menindee Centre TAFE , Wilcannia TAFE
Group 2	Goodooga TAFE, Lightning Ridge Centre TAFE
Group 3	Brewarrina TAFE
Group 4	Bourke TAFE
Group 5	Boggabilla TAFE
Group 6	Cobar TAFE, Coomealla TAFE, Dunedoo TAFE
	Nyngan TAFE , Warren TAFE

 

Schedule 4

 

Salary Scales - Promotion Classifications

 

Classification	Rates	Rates	Rates
	From the first pay	From the first pay	From the first pay
	period to commence	period to commence	period to commence
	on or after 1.1.2009	on or after 1.1.2010	on or after 1.1.2011
	Per annum $
Increase	4.4%	3.8%	3.8%
Cluster Manager and	125,902	130,686	135,652
Manager, Education and
Training Resource Centre
Principal Education	117,312	121,770	126,397
Officer and Program
Manager and Curriculum
Manager
Quality Assurance Coordinator	110,536	114,736	119,096
Chief Education Officer	104,706	108,685	112,815
Senior Education Officer
and Senior Counsellor
Step 2	96,274	99,932	103,729
Step 1	93,947	97,517	101,223
Senior Head Teacher (old
classification)
Step 2	96,274	99,932	103,729
Step 1	93,947	97,517	101,223
Head Teacher
Band 2	93,947	97,517	101,223
Band 1	86,466	89,752	93,163
Head Teacher  (old
classification)
Step 2	90,006	93,426	96,976
Step 1	86,466	89,752	93,163
Special Program coordinator
Step 2	90,006	93,426	96,976
Step 1	86,466	89,752	93,163

 

Schedule 5

 

Excess Travel and Compensation for Travel on Official Business

 

1.  Definitions -

 

1.1      For the purpose of this Schedule:

 

1.1.1   "Excess Travel" means, for the purpose of subclause 3.3, those distances:

 

(i)       when travelling from home to work and vice versa, that distance in excess of the distance between the teacher's home and headquarters;

 

(ii)       on any day where the teacher is required during the day to travel from one college, campus or other workplace to another.

 

1.1.2   "Headquarters" means that college/campus nominated by the employer or nominee for the teacher, or that college/campus where the major part of the teacher's approved program is performed.

 

1.1.3   "Teacher" means all persons employed permanently or temporarily in teaching positions, including head teachers, special program coordinators, 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

 

2.  Introduction -

 

2.1      Except where authorised, teachers are responsible for meeting costs incurred in travel between their residence and usual place of work.

 

2.2      Teachers may be authorised to use their private vehicle for travel on official business in the performance of their normal duties where other modes of travel are unsuitable or unavailable.

 

2.3      The use of a teacher’s private motor vehicle on official business is not mandatory.

 

3.  Excess Travel Time -

 

3.1      When a teacher, in order to perform their teaching program is required to travel outside the teacher's duty hours:

 

from the teacher's home to a college, campus or other workplace; and/or

 

from a college, campus or other workplace to the teacher's home; and/or

 

between colleges, campuses or other workplaces on any one day; and/or

 

between parts of a college, campus or other workplace which are at different sites; and/or

 

between colleges, campuses, institutes or other workplaces and any annexes of a college, campus, institute or other workplace which are at different sites,

 

and where the teacher is not granted by mutual arrangement between the teacher and TAFE time off the teaching duties equal to and in lieu of the actual time spent in excess travelling, the teacher shall be paid for excess time occupied in travelling, in accordance with this Schedule but subject to the following conditions:

 

3.1.1   There shall be deducted from the teacher's travelling time on any one day the time normally taken for the periodic journey from home to headquarters and return.

 

3.1.2   Periods of less than fifteen minutes on any one day shall be disregarded.

 

3.1.3   Travelling time shall not include any period of travel between:

 

(i)       11.00pm on any one day and 7.30am on the following day when the teacher has travelled overnight and accommodation has been provided for the teacher; or

 

(ii)       11.00pm on any one day and 6.00am on the following day for a teacher who is required to perform teaching duties between 6.00am and 7.30am as part of their teaching program when the teacher has travelled overnight and accommodation has been provided for the teacher.

 

3.1.4   Travelling time shall be calculated by reference to the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

3.1.5   No time spent in performing duties shall be counted as travelling time.

 

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	x	1
		260.8929		30

 

3.2.2   For part time casual teachers:

 

Duties Other Than Teaching (DOTT) rate

 

3.3      Payment for Excess Travel -

 

3.3.1   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 set out in clause 9 of this schedule for:

 

(i)       up to 8,000 km per annum;

 

(ii)       over 8,000 km per annum.

 

3.3.2   For the purposes of payment under this subclause, excess travel on any day where the teacher is required during the day to travel from one college, campus or other workplace to another, shall be determined in accordance with the provisions of subclauses 3.3.1 to 3.3.8 inclusive.

 

3.3.3   On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

Distance Home to Headquarters	Deduction Km
(One Way) Km
1	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10	10
11-29	10
30 or more	10
	plus 2 km for each km above 29 km from
	home to headquarters.

 

3.3.4   Provided that when the above deduction in subclause 3.3.3 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the following schedule:

 

Home to Headquarters	Add
(One Way)
Kilometres	Kilometres
29-35	1
36-40	2
41-45	3
46-50	4
51-55	5
56-60	6
61-65	7
66 and over	8

 

3.3.5   This daily deduction discounts the normal one way distance travelled from home to headquarters for which teachers shall not be paid.

 

3.3.6   Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

(i)       If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

(ii)       Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

3.3.7   A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes travel between the sites is required.

 

3.3.8   The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

4.  Waiting Time -

 

4.1      Where a teacher qualifies for payment in accordance with this Schedule for excess time occupied in travelling and necessary waiting time occurs, such waiting time shall be treated as travelling time subject to the following conditions:

 

4.1.1   Where there is no overnight stay with accommodation at a centre away from home or headquarters one hour shall be deducted from the necessary waiting time between the time of arrival at the centre and the commencement of duty and one hour shall be deducted from the necessary waiting time between the time of ceasing duty and the time of departure for home or headquarters or another centre.

 

4.1.2   Where overnight accommodation is provided at a centre any time from the completion of arrival at the centre until departure for home or headquarters or another centre shall not count as travelling time except that:

 

(i)       where duty is performed on the day of such departure any necessary waiting time (less one hour) from completion of such duty until departure shall be counted;

 

(ii)       where no duty is performed on the day of such departure necessary waiting time (less one hour) after 9.00am until such departure shall be counted,

 

and provided further that where accommodation as mentioned in subclause 3.1.3 above is provided waiting time after 11.00pm shall not be counted.

 

5.  Official Business Rate -

 

5.1      The official business rate is payable where the use of a teacher's private motor vehicle on official business is authorised and the teacher is required to travel on official business using their motor vehicle on a regular basis of at least once per week throughout the TAFE year or travel a minimum of 400 kilometres during the TAFE year, except where:

 

5.1.1   an official vehicle is available;

 

5.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and/or restriction in the performance of the teacher's duties and professional responsibilities.

 

5.2      Where a teacher commences duty other than at the start of the TAFE year the minimum period of 400 kilometres to be travelled, as provided by subclause 5.1 above, shall be adjusted proportionately.

 

5.3      The rate paid is that specified at clause 9 of this schedule.

 

6.  Casual Rate -

 

6.1      The casual rate is payable to teachers who are authorised to use their private motor vehicle to travel on official business intermittently as opposed to regular use (as provided by clause 5 of this Schedule) for which the official business rate is paid, except where:

 

6.1.1   an official vehicle is available;

 

6.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and/or restriction in the performance of the teacher's duties and professional responsibilities.

 

6.2      Circumstances where teachers, who are not authorised for reimbursement of travel expenses at the official business rate, may be given approval to use their private vehicle on official business at the casual  rate include travel to attend staff development courses, selection committee interviews, GREAT appeals and hearings.

 

6.3      The rate paid is that specified in clause 9 of this Schedule.

 

7.  Payment of 2601 cc Or More Motor Vehicle Rate

 

7.1      Where the teacher's normal duties are performed within the Sydney Region (as defined by the Department of Planning) the maximum per kilometre rate payable shall be the 1601 to 2600 cc rate.

 

7.2      Where the official travel, in whole or in part, is outside the Sydney Region, consideration shall be given to payment of the 2601 cc or more rate in respect of a vehicle with an engine capacity of 2601 cc or more.  Such consideration shall be related to the total annual distance travelled by the teacher on official business, the terrain and other factors advanced by the teacher as relevant.

 

7.3      Provided that the provisions of subclauses 7.1 and 7.2 above shall not apply to teachers who have an existing approval for payment of the previous above 2700 cc rate arising from clause 4 (b) (i) of Industrial Agreement 7036 of 1983.

 

8.  Daily Deduction -

 

8.1      On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

Distance Home to Headquarters	Deduction
(One Way)
Kilometres	Kilometres
1	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10	10
11-29	10
30 or more	10
	plus 2 km for each km above 29 km from
	home to headquarters.

 

8.2      Provided that when the above deduction in subclause 8.1 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the following schedule:

 

Home to Headquarters	Add
(One Way)
Kilometres	Kilometres
29-35	1
36-40	2
41-45	3
46-50	4
51-55	5
56-60	6
61-65	7
66 and over	8

 

8.3      This daily deduction discounts the normal one way distance travelled from home to headquarters for which teachers shall not be paid.

 

8.4      Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

8.4.1   If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

8.4.2   Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

8.5      A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes, travel between the sites is required.

 

8.6      The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

9.  Official Business and Casual Rates

 

Clause of Schedule	Rate/Vehicle Engine Capacity	Cents Per Km
which applies
5	Official Business Rate	0 - 8,000 km per	8,001 km or
		annum	more per annum
	1600 cc or less	55.3	23.1
	1601 - 2600 cc	77.3	27.4
	2601 cc or more	83	29.5
6	Casual Rate
	1600 cc or less	23.1
	1601 - 2600 cc	27.4
	2601 cc or more	29.5

 

 

Provided that these rates shall be adjusted pursuant to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 published 10 March 2006 357 I.G. 1108 or its successor as amended from time to time or in accordance with the rates as approved from time to time by the Director-General of the Department of Premier and Cabinet.

 

Schedule 6

 

Strategies for Maximising Annual Student Hours in TAFE

 

1.        Annual Student Hours (Ash) Shall be Maximised By Utilising a Range of Strategies. If Requested, Consultation Shall Occur at the Local Level Between the Teaching Section and Their Line Manager Regarding Educational Soundness, Access and Equity, Appropriate Resources and Occupational Health and Safety.

 

2.        Such strategies include:

 

2.1      Ensuring that all available student places are filled.

 

2.2      Continual or "topping up" of enrolments as students meet module outcomes or units of competence and move out of the class.  This shall result in an increased output of students. 

 

2.3      Continual or "topping up" of enrolments to replace enrolled students who have not commenced the course, or who have officially withdrawn from modules or who have been absent from class without notice for four consecutive weeks.

 

2.4      Enrolment of students in modules to undertake the additional training and education required to achieve competency against the module outcome or unit of competence following successful assessment for Recognition.

 

2.5      Establishing quality partnerships with industry which may result in a proportion of the program being workplace training and assessment, conducted by TAFE approved industry personnel in accordance with an agreed quality assurance process.

 

2.6      Utilising a variety of delivery modes that are appropriate to the particular learning situation, including the needs of students.

 

2.7      Core enrolment times shall continue to occur at the start of each semester.  These shall be supplemented by continual or "topping up" of enrolments as outlined above.

 

2.8      Extending enrolments and commencements beyond the core enrolment times at the start of each semester and staggering enrolments and commencement times across the full year.

 

2.9      Teachers and head teachers shall employ best practice in student administration by ensuring that all activities for which they are responsible are correctly recorded and credited including the completion of enrolment adjustment forms.

 

2.10    Enrolling in the initial enrolment period up to an additional three students over and above the student teacher ratios in a subject/module, where the subject/module has a history of attrition, based on institute data.

 

Schedule 7

 

Rates of pay - Part time Casual Teachers, Coordinators and Counsellors and Contract Teachers (OTEN)

 

	Salary	Salary	Salary
	From the first	From the first	From the first
	pay period to	pay period to	pay period to
	commence on or	commence on or	commence on or
	after	after	after
	1.1.2009	1.1.2010	1.1.2011
	Per hour $
Increase	2.5%	2.5%	2.5%
Teaching Duties	66.48	68.14	69.84
Co-ordination/Consultancy Duties	62.50	64.06	65.66
Duties Other Than Teaching (DOTT)	52.49	53.80	55.15
Part time Casual Counsellors	53.49	54.83	56.20
	Open Training and Education Network Contract Teachers
	Per Unit ($)
Contract Teaching Duties	18.47	18.93	19.40

 

 

 

 

M. J. WALTON J , Vice-President

 

 

 

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Printed by the authority of the Industrial Registrar.