Crown
Employees (Teachers in TAFE and Related Employees, Bradfield College and
Teachers in TAFE Children’s Centres) Salaries And Conditions Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(Nos. IRC 2341 of 2008 and
171 of 2009)
Before The Honourable
Justice Walton, Vice-President
|
12 August 2009
|
AWARD
1. Arrangement
Clause No. Subject Matter
TAFE SECTION
1. Arrangement
2. Dictionary
3. Salaries
4. Allowances
5. Salary
Progression and Maintenance
6. Teacher
Quality
7. Salary
Packaging
8. Initial
Appointments
9. Teaching
in More Than One Location
10. Deferred
Salary Scheme
11. Compensation
for Travel on TAFE Business
12. Contribution
to Institute Output Requirements
13. Attendance
- Teachers and Counsellors
14. Duties of
Teachers
15. Allocation
of Duties
16. Duties
Related to Teaching
17. Administrative
Duties
18. Averaging
19. Accumulating
Program
20. Professional
Development - Teachers
21. TAFE Year
22. Additional
One Week
23. Evening
Work - Counsellors
24. Time Credit
25. Excess
Teaching Hours
26. Sunday
Work/Night Work
27. Qualifications
for Appointment
28. Working
Conditions - Education Officers and Related
Employees
29. Professional
Development - Education Officers, Related Employees and Counsellors
30. Leave for
Teachers and Related Employees
31. Calculation
of Service
32. Training
and Development
33. Multi-skilling
34. Working
Conditions - Part time Casual Teachers, Coordinators and Counsellors
35. Contract
Teachers (OTEN)
36. Provision
for Positions which Are Hard To Fill
37. Industrial
Rights
38. Quality
Improvement Program
39. Pilot
Schemes
40. Principles
of Restructuring
TAFE CHILDREN’S CENTRES SECTION
1. Salaries
and Allowances
2. Hours of
Work
3. Non
Contact Time
4. Shift Work
5. Public
Holidays
6. Leave
7. Overtime
and Time Off in Lieu for Payment of Overtime
8. Job Share
9. Duties of
Teachers
10. Crib Breaks
11. First-aid
Certificate
BRADFIELD COLLEGE SECTION
1. Introduction
2. Employment
Arrangements and Right of Return
3. Types of
Employment
4. Full time
Employees
5. Part-time
Employees
6. Casual
Employees
7. Payment
for Related Duties - Casual Employees
8. Learning
Co-ordinators
9. Teacher
Quality
10. Training
and Professional Development
11. Qualification
and Experience Requirements
12. Remuneration
13. Salary
packaging
14. Travelling
Time and Travelling Expenses
15. College
Year
16. Hours of
Work
17. Annual
Leave
18. Extended
Leave and Long Service Leave
19. Sick Leave
20. Family and
Community Service Leave
21. Personal
Carers Leave
22. Adoption,
Maternity and Parental Leave
23. Other Leave
24. Occupational
Health and Safety
25. Educational
Initiatives
26. Industrial
Rights
GENERAL SECTION
1. Dispute Resolution
Procedures
2. No Further
Claims
3. Anti-discrimination
4. Secure
Employment Test Case - OHS Obligations
5. Area,
Incidence and Duration
6. Further
Employee Related Reform Measures and Cost Savings
7. Employment
under Two or More Sections of this Award
8. Deduction
of Union Membership Fees
SCHEDULES
Schedule 1 - Common Incremental Salary Scale - TAFE
Schedule 2 - Allowances - TAFE
Schedule 3 - Locality Allowances
Schedule 4 - Salary Scales - Promotion Classifications -
TAFE
Schedule 5 - TAFE 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)
Schedule 8- Early Childhood Teachers - Salaries
Schedule 9 - Early Childhood Directors - Allowances
Schedule 10 - Early Childhood Teachers in Charge -
Allowances
Schedule 11 - Bradfield College Annual Salaries
Schedule 12 - Hourly Rates for Casual Teachers and Co-ordinators
- Bradfield College
Schedule 13 - Bradfield College Team Leader Allowance
Schedule 14 - Bradfield College Excess Travel and
Compensation for Travel on Official Business
2. Dictionary
2.1 "Adult
Literacy Officer" in the TAFE section of the Award means a teacher
employed as such.
2.2 "Advanced
Skills Counsellor" in the TAFE section of the Award means a counsellor
employed as such.
2.3 "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.
2.4 "Assistant
Director" at Bradfield College means a person appointed to a position
designated as such.
2.5 "Award"
means the Crown Employees (Teachers and Related Employees in TAFE and Other
Educational Institutions) Salaries and Conditions Award 2009.
2.6 "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.
2.7 "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.
2.8 "Casual
employee" at Bradfield College means a teacher, coordinator or counsellor
who does not have a regular program and is engaged and paid on an hourly basis.
2.9 "Casual
Teacher" in a Children’s Centre means a teacher engaged as required by the
employer, who is not a full-time, part-time or part-time casual teacher.
2.10 "College
calendar" means the schedule for teaching and associated activities
supporting the curriculum offerings at Bradfield College.
2.11 "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.
2.12 "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.
2.13 "Contract
Teaching Duties" means those duties contained in clause 35, Contract
Teachers (OTEN).
2.14 "Coordination"
in clause 34, 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.
2.15 "Counsellor"
means an employee employed to provide counselling services to students.
2.16 "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.
2.17 "Department"
means the Department of Education and Training.
2.18 "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.
2.19 "Department"
means the NSW Department of Education and Training.
2.20 "Director"
means the Director of Bradfield College.
2.21 "Director-General"
means the Director-General of Education and Training and Managing Director of
the TAFE Commission.
2.22 "Division"
means the TAFE Commission Division of the NSW Government Service.
2.23 "Division
Head" means the Division Head of the TAFE Commission Division of the NSW
Government Service.
2.24 "Duties
Other Than Teaching" in clause 34, Working Conditions - Part Time Casual
Teachers, Coordinators and Counsellors, means duties other than teaching and
coordination except as provided in subclause 34.7 of clause 34 of the TAFE
section of the Award.
2.25 "Early
Childhood Director" means a person appointed as such by the employer and
who is an early childhood teacher, as defined, who is responsible to the
employer for the direct supervision of other employees and/or the management of
a centre and centres."
(A) "Early
Childhood Teacher" means a person in a Children’s Centre who is classified
by the Director-General as either a four year trained teacher or a three year
trained teacher, provided that all teachers employed at the time of the making
of this award shall be so classified.
2.26 "Education
Officer (TAFE)" In the TAFE section of the Award means an officer
appointed as such who has an appropriate degree from a higher education
institution and appropriate vocational and/or industrial experience.
2.27 "Employee
means:
(i) in the TAFE
section of the award, a person employed in a classification under this section
of the award on a permanent, temporary, casual, part time casual or contract
basis.
(ii) in the
Childrens Centre section of the award, all persons employed in TAFE childrens
centres, including early childhood directors and early childhood teachers.
(iii) in the
Bradfield College section of the award, a teacher, learning coordinator,
counsellor or assistant director who is temporarily engaged at Bradfield
College for a period of up to three years."
2.28 "Employer"
means the Crown in the right of the State of New South Wales (the Crown) and
any person acting on behalf of the Crown, including the Director-General.
2.29 "Equivalent"
when referring to qualifications means those qualifications deemed by the
employer to be equivalent to specified qualifications.
2.30 "Excess
Teaching Hours" in the TAFE section of the award 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.
2.31 "Excess
hours" in the Bradfield College section of the award means actual teaching
hours in excess of a normal teaching load.
2.32 "Federation"
means the New South Wales Teachers Federation.
2.33 "Four Year
Trained Teacher" at a TAFE Children’s Centre means:
a teacher who holds a four-year early childhood
education degree from a higher education institution;
a teacher who holds a degree from a higher education
institution and who has, in addition, satisfactorily completed a one year early
childhood education diploma from a higher education institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.34 Full-time
Teacher" at a TAFE Children’s Centre means any teacher engaged as such who
is not a part-time or casual teacher and who works 38 hours per week.
2.35 Full time
employee" at Bradfield College means an employee who is engaged to work
the hours provided by clause 16 Hours of Work of the Bradfield section of the
Award.
2.36 General
Secretary" means the General Secretary of the Federation.
2.37 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.
2.38 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.
2.39 Head
Teacher" in the TAFE section of the Award means all persons employed
within this classification, including those referred to in subclause 3.8 of the
TAFE section of the Award.
2.40 Higher Education
Institution" means a university or other tertiary institution recognised
by the employer which offers degrees, diplomas or teacher education courses.
2.41 Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.42 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.
2.43 Institute
Director" in the TAFE section of the Award means all persons employed
within this classification.
2.44 Institute
Manager" in the TAFE section of the Award means all persons permanently or
temporarily employed within this classification.
2.45 Learning
Co-ordinator" within the Bradfield College means a person appointed to a
position responsible for the educational and administrative leadership of
specified areas.
2.46 Minister"
means the Minister for Education and Training.
2.47 Northern Sydney Institute"
comprises the following colleges - Bradfield, Crows Nest, Hornsby, Meadowbank,
North Sydney, Northern Beaches and Ryde.
2.48 "Officer"
means and includes:
(i) in the TAFE
section of the award, 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
and,
(ii) in the
Bradfield College section of the award, a person employed in TAFE Commission
Division or the Teaching Service other than as a temporary or casual employee
and who is employed on a full time or part time basis at Bradfield College.
2.49 "Operating
days" in the Bradfield College section of the award includes every day of
the week except Sunday and public holidays.
2.50 "OTEN"
means the Open Training and Education Network.
2.51 "Part time
Casual Coordinator" in the TAFE section of the award means a coordinator
engaged on an hourly basis to
coordinate special programs or other activities.
2.52 "Part time
Casual Counsellor" in the TAFE section of the award means a counsellor
engaged on an hourly basis to provide counselling services to students.
2.53 "Part time
Casual Teacher" in the TAFE section of the award 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.
2.54 "Part time
employee" in the Bradfield College section of the award means an employee
who is engaged to work for less than the ordinary working hours of a full time
employee and who has a regular program.
2.55 "Part-time
Teacher" in a TAFE Children’s Centre means a teacher who is engaged to
work regularly and not more than 0.8 of the ordinary hours which a full-time
teacher at the Centre is required to work, provided that a part-time teacher
may work up to 0.9 of the ordinary hours of a full-time teacher if the teacher
is entitled to a preparation session equivalent to 0.1 of a teacher's ordinary
hours.
2.56 "Parties"
means the Employer and the Federation.
(A) "Period of
engagement in the Bradfield College section of the award means the period, up
to three years, for which an employee is temporarily engaged to work at
Bradfield College."
2.57 "Permanent
Part-time Work" in a TAFE Children’s Centre means employment which is
undertaken for less than the full ordinary working hours per week for the
classification on a continuing basis for set and regular hours. The rate of pay, all conditions and leave
entitlements of a permanent part-time staff member are on a pro rata basis.
2.58 "Regular
program" at Bradfield College means the duties allocated to full time and
part-time employees including teaching duties and duties incidental to teaching
as part of a pre planned program for the academic year or part thereof
2.59 "Shift"
at a TAFE Children's Centre means a daily period of work in a TAFE Children's
Centre and shall be one of the following:
2.59.1 "Afternoon
shift" means any shift finishing after 7.00 p.m. and at or before
midnight.
2.59.2 "Night
shift" means any shift finishing after midnight and at or before 8.00 a.m.
or any shift commencing at or after midnight and before 5.00 a.m.
2.59.3 "Early
morning shift" means any shift commencing at or after 5.00 a.m. and before
6.00 a.m.
2.59.4 "Night shift,
non-rotating" means any shift system in which night shifts are worked
which do not rotate or alternate with another shift so as to give the teacher
at least one third of their working time off night shift in each roster system.
2.60 "Service"
means continuous service, unless otherwise specified in the Award.
2.61 "Special
Programs" means those programs administered by TAFE which are designated
to promote access of special groups of students to TAFE’s courses.
2.62 "Special
Program Coordinator" in the TAFE section of the Award 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.
2.63 "Standard
Educational Year" in the TAFE section of the Award means that period of
approximately 41 weeks falling within a calendar year determined as such by the
Managing Director.
2.64 "TAFE",
"TAFE Commission" or "TAFE NSW" means the Technical and
Further Education Commission, i.e. the TAFE Commission.
2.65 "TAFE
Children's Centre" means a long day care centre established on TAFE
premises with the primary purpose of providing child care and/or educational
development programs and/or centres for children under school age, over a
period of eight hours or more a day and for not less than 48 weeks per annum.
2.66 "TAFE
Commission Act" means the Technical and Further Education Commission Act
1990.
2.67 "TAFE
Year" means a period of 50 weeks, excluding the two week period
surrounding Christmas/New Year, during which educational programs may be
conducted.
2.68 "Teacher"
(i) in the TAFE
section of the Award means a person or officer employed permanently or
temporarily in a full time or part time teaching position;
(ii) in the
Bradfield College section of the award means a person or officer who is
employed in a full-time, part-time or casual teaching position at Bradfield
College to assist the Director in the work of the College.
2.69 "Teacher in
Charge" in the TAFE Children’s Centre section of the Award means a teacher
appointed as such by the employer in a TAFE Children’s Centre where the
director is employed on a part-time basis and who is responsible to the
director for the management of the Centre when the director is not in
attendance.
2.70 "Teacher in
Training" in the TAFE section of the Award 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.
2.71 "Teachers
Federation" means the New South Wales Teachers Federation.
2.72 "Teaching
Service" means the Teaching Service of New South Wales.
2.73 "Team
leader" at Bradfield College means a teacher selected by the Director to
co-ordinate a team of teachers responsible for the educational instruction,
student welfare and vocational needs of students.
2.74 "Temporary
Employee" in the TAFE section of the Award 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).
2.75 "Temporary
Teacher" means
(i) in the TAFE
section of the Award 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.
(ii) in the TAFE
Children’s Centre section of the Awards a teacher employed to work full‑time
or part-time in a TAFE Children’s Centre for a specified period which is not
more than a full centre year but not less than five days. Provided that a
teacher may be employed for a specific period in excess of a full year but not
more than two full years where such a teacher is replacing a teacher who is on
leave for a specified period in excess of a full year.
2.76 "Three Year
Trained Teacher" employed in a TAFE Children’s Centre means:
a teacher who has satisfactorily completed a course of
early childhood education of three years duration at a higher education
institution;
a teacher who has completed other such courses as the
Director-General determines as satisfying requirements.
2.77 "Trained
Teacher" in the TAFE section of the Award 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.
2.78 "Union"
means the New South Wales Teachers Federation.
TAFE SECTION
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 section of the 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 section of the 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. Allowances
4.1 An additional
responsibility allowance shall be paid in accordance with this clause and
Schedule 2 when:
4.1.1 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;
4.1.2 a counsellor is
nominated by the employer in any institute or campus as counsellor in charge.
4.2 An education
officer (TAFE) who:
4.2.1 has completed 12
months service at the salary prescribed on the maximum of the common
incremental salary scale; and
4.2.2 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.
4.3 Locality and
related allowances shall be paid in accordance with in Schedule 3.
5. Salary Progression
and Maintenance
5.1 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.
5.2 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.
6. Teacher Quality
6.1 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:
6.1.1 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.
6.1.2 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.
6.1.3 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 Related
Employees) Salaries and Conditions Award published 29 May 2009 (368 I.G. 73).
6.1.4 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.
7. 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.
7.1 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.
7.2 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.
7.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
7.3.1 any fringe
benefits tax liability arising from a salary packaging arrangement; and
7.3.2 any
administrative fees.
7.4 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:
7.4.1 Superannuation
Guarantee Contributions;
7.4.2 any salary-related
payment including but not limited to allowances and workers compensation
payments; and
7.4.3 payments made in
relation to accrued leave paid on termination of the employee’s employment or
on the death of the employee.
8. Initial
Appointments
8.1 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 5, Salary
Progression and Maintenance and in the case of teachers, upon satisfactory
completion of teacher training requirements.
8.2 All initial
appointments shall be on the basis of merit.
9. Teaching in More
Than One Location
9.1 Teachers may be
programmed to teach in more than one location including schools.
9.1.1 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.
9.1.2 The travelling
compensation provisions at Schedule 5, Excess Travel and Compensation for
Travel on Official Business and, as appropriate, time credit provisions at
clause 24, Time Credit shall apply to teachers programmed to teach in more than
one location.
10. Deferred Salary
Scheme
10.1 Officers may seek
to join the Department’s deferred salary scheme.
10.2 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.
11. Compensation for
Travel on TAFE Business
11.1 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.
12. Contribution to
Institute Output Requirements
12.1 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.
12.2 The strategies
detailed in Schedule 6 shall be implemented in TAFE in order to maximise Annual
Student Hours.
12.3 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.
13. Attendance -
Teachers and Counsellors
13.1 The standard
attendance hours of:
13.1.1 teachers, head
teachers, special program coordinators and adult literacy officers, shall be 30
hours per week;
13.1.2 counsellors,
advanced skills counsellors and senior counsellors, shall be 35 hours per week.
13.2 The daily span of
working hours in colleges/campuses for officers and employees under this
section of the 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.
13.3 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:
13.3.1 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;
13.3.2 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.
14. Duties of
Teachers
14.1 For the purpose
of this clause teacher includes, head teachers, special program coordinators
and adult literacy officers.
14.2 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.
|
|
|
|
|
|
|
|
14.3 Head teachers
also perform administrative duties and special program coordinators and adult
literacy officers perform administrative and coordination duties.
15. Allocation of
Duties
15.1 The direct
teaching or counselling component of:
15.1.1 full time teachers
shall be 20 hours per week;
15.1.2 head teachers
shall be ten or 14 hours per week as determined by the employer;
15.1.3 adult literacy
officers shall be nine hours per week;
15.1.4 counsellors and
advanced skills counsellors shall be 20 hours per week;
15.1.5 senior counsellors
shall be 14 hours per week;
15.1.6 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 20,
Professional Development - Teachers, to a reduction in their direct teaching
time by the requisite amount of professional development time.
15.2 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.
15.3 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.
15.4 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.
15.5 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:
Classification
|
Direct
|
Related
|
Related
|
Admin
|
Co-
|
Total
|
Annual
|
|
teaching
|
duties -
|
duties
|
duties
|
ordination
|
annual
|
weeks of
|
|
(annual
|
during
|
hours
|
(annual
|
& Admin
|
hours
|
attendance
|
|
equivalent
|
teaching
|
during the
|
equivalent
|
duties
|
|
|
|
hours) #
|
weeks
|
five non
|
hours)
|
(annual
|
|
|
|
|
(annual
|
teaching
|
|
equivalent
|
|
|
|
|
equivalent
|
weeks
|
|
hours) F
|
|
|
|
|
hours)
|
(annual
|
|
|
|
|
|
|
|
equivalent
|
|
|
|
|
|
|
|
hours)
|
|
|
|
|
Teachers
|
720
|
360
|
150
|
-
|
-
|
1230
|
41
|
Adult literacy
|
324
|
216
|
150
|
-
|
540
|
1230
|
41
|
officers
|
|
|
|
|
|
|
|
Special
|
216
|
108
|
150
|
-
|
786
|
1260
|
42
|
program
|
|
|
|
|
|
|
|
coordinators
|
|
|
|
|
|
|
|
other than
|
|
|
|
|
|
|
|
consultants
|
|
|
|
|
|
|
|
for students
|
|
|
|
|
|
|
|
with a
|
|
|
|
|
|
|
|
disability
|
|
|
|
|
|
|
|
Assistant
|
|
|
|
|
|
|
|
Outreach
|
|
|
|
|
|
|
|
Coordinators
|
|
|
|
|
|
|
|
Special
|
216
|
108
|
150
|
-
|
756
|
1230
|
41
|
program
|
|
|
|
|
|
|
|
coordinators
|
|
|
|
|
|
|
|
Consultants
|
|
|
|
|
|
|
|
for students
|
|
|
|
|
|
|
|
with a
|
|
|
|
|
|
|
|
disability
|
|
|
|
|
|
|
|
Head
|
504
|
252
|
150
|
324
|
-
|
1230
|
41
|
teachers
|
|
|
|
|
|
|
|
band 1
|
|
|
|
|
|
|
|
Head
|
360
|
180
|
150
|
540
|
-
|
1230
|
41
|
teachers
|
|
|
|
|
|
|
|
band 2*
|
|
|
|
|
|
|
|
* 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
16. Duties Related to
Teaching
16.1 For the purpose
of this clause teacher includes head teacher, adult literacy officer and
special program coordinator.
16.2 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.
16.3 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.
16.4 Duties related to
teaching shall also be undertaken during the five non teaching weeks per annum.
16.5 Teachers shall
continue, in consultation with their immediate manager, to determine duties
that shall be conducted during related duties time.
17. Administrative
Duties
17.1 The
administrative component of a head teacher shall be:
17.1.1 nine hours per
week for a head teacher band 1 supervising up to 150 weighted teaching hours
per week;
17.1.2 15 hours per week
for a head teacher band 1 supervising more than 150 weighted teaching hours per
week; and
17.1.3 15 hours per week
for a head teacher band 2.
18. Averaging
18.1 For the purpose
of this clause, teacher includes head teacher.
18.2 Teachers and
their supervisors may agree to average the teacher’s direct teaching component
as set out in subclause 15.1 of clause 15, 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.
18.2.1 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.
18.2.2 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.
18.2.3 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 15.1 of
the said clause 15, Allocation of Duties, shall be paid in accordance with
clause 25, Excess Teaching Hours.
18.2.4 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 18.2.3 of this subclause cannot be
included in determining teaching hours for the purpose of this paragraph.
18.2.5 Except for hours
accrued in accordance with the said paragraph 18.2.3, 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 25, Excess Teaching Hours.
18.3 A teacher may
average their direct teaching component over periods of less than one year
consistent with subclause 18.2 of this clause.
18.4 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.
19. Accumulating
Program
19.1 For the purpose
of this subclause, teacher includes head teachers.
19.2 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.
19.3 Teachers may not
be directed to teach an accumulating program.
19.4 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.
19.5 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.
19.6 Where teachers
elect to accumulate hours, they may be paid at the end of the term or accrue
excess hours into the next term.
19.7 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.
19.8 If payment is
elected, it shall be in accordance with clause 25, Excess Teaching Hours.
19.9 By the end of the
TAFE year all excess hours must be taken as time in lieu or paid out.
19.10 The teaching
component to related duties ratio of 2:1 is to be maintained for the first 20
hours of teaching.
19.11 Teachers shall be
required to attend for 41 weeks per annum unless accumulated hours have been
banked to be taken as time in lieu.
20. Professional
Development - Teachers
20.1 For the purposes
of this clause, teacher includes head teachers, special program coordinators
and adult literacy officers.
20.2 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.
20.3 An approved
program for all teachers shall include professional development on the following
basis:
20.3.1 teachers
undertaking teacher training shall have two hours per teaching week
professional development in their first two years of service;
20.3.2 teachers who are
teacher trained on recruitment shall have two hours professional development
per teaching week in their first year of service; and
20.3.3 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.
20.4 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.
20.5 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.
20.6 The professional
development allocation, which is provided by agreement between the parties, is
in recognition of the potential value of professional development and:
20.6.1 is available for
professional experience;
20.6.2 is available for
self initiated activities;
20.6.3 shall be in
addition to other professional development time/activities already provided by
the employer; and
20.6.4 teachers are
encouraged to share their experiences with other teachers.
21. TAFE Year
21.1 For the purpose
of this clause, teacher includes head teacher.
21.2 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.
21.3 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.
21.4 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.
21.5 Staffing of
courses delivered outside the standard educational year shall be based on an
essentially consultative procedure.
21.6 Managers of the
relevant sections shall:
21.6.1 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;
21.6.2 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;
21.6.3 failing the above,
an offer could then be made to suitable part time casual teachers;
21.6.4 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.
21.7 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.
21.8 Deferred vacation
leave shall be taken, whenever possible, in full weekly blocks, each beginning
Monday and ending on Friday.
21.9 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.
21.10 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.
21.11 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
25, Excess Teaching Hours.
22. Additional One
Week
22.1 For the purpose
of this clause teacher includes head teacher.
22.2 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.
22.3 Teachers may
elect to be paid for this work or to accumulate their hours.
22.4 Where an election
for payment is made, then such payment shall be at the rate prescribed at
clause 25 Excess Teaching Hours for excess teaching hours or at the part time
casual duties other than teaching rate for related duties.
22.5 Where teachers
elect to accumulate, such hours shall contribute to their bank of hours.
22.6 Where teaching
duties are undertaken, the hours shall accumulate as part of their total
teaching bank of hours.
22.7 Where related
duties are undertaken, these hours shall accumulate as part of the related
duties bank of hours.
22.8 Teachers, in
consultation with their immediate manager, should consider the provisions of
clause 21 TAFE Year, and this clause.
22.9 Teachers may only
attend one additional week per TAFE Year, whether the provisions of the said
clause 21 TAFE Year, or this clause are applied.
22.10 Where teachers
are directed to undertake duties in a vacation period, after the provisions of
subclause 21.6 of clause 21 TAFE Year have been followed, then only the
provisions of clause 21 TAFE Year shall apply.
22.11 Where teachers
volunteer to undertake duties in the vacation period, then either the
provisions of clause 21 TAFE Year or the provisions of this clause shall apply.
23. Evening Work -
Counsellors
23.1 For the purpose
of this clause, counsellor includes senior counsellors and advanced skills counsellors.
23.2 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.
23.3 The formula for
calculating the hourly salary rates for a counsellor shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
260.8929
|
|
1
|
|
35
|
24. Time Credit
24.1 For the purposes
of this clause, teacher includes head teacher and adult literacy officer.
24.2 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:
24.2.1 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;
24.2.2 subject to the
provisions of clause 18, 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 25, Excess Teaching Hours, for the time at
which the hours are taught.
24.2.3 A teacher may
choose to accumulate the excess teaching hours in accordance with the
provisions of clause 19, Accumulating Program.
24.3 Teachers who are
required to work during the hours prescribed at subclause 24.2, other than
direct teaching, including the following circumstances:
24.3.1 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;
24.3.2 where head
teachers are directed to perform supervisory duties;
24.3.3 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
|
25. Excess Teaching
Hours
25.1 For the purpose
of this clause, teacher includes head teacher and adult literacy officer.
25.2 Subject to the
provisions in clause 18, 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.
25.3 The formula for
calculating the excess teaching hourly rate for hours described in subclause
25.2 shall be:
Maximum TAFE
Teacher Salary
|
x
|
5
|
x
|
1
|
x
|
1.3475
|
1
|
|
260.8929
|
|
30
|
|
|
25.4 Subject to the
provisions in clause 18, 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.
25.5 Where as a
consequence of the operation of clause 24, Time Credit a teacher’s standard
teaching load is reduced, the excess teaching hourly rate will only be payable
to:
25.5.1 a teacher, if,
subject to the provisions of clause 18, Averaging, they have performed direct
teaching duties of at least 19 hours in the week.
25.5.2 a head teacher,
if, subject to the provisions of clause 18, Averaging, they have performed direct
teaching duties of 9 to 13 hours in the
week as determined by the employer.
25.5.3 an adult literacy
officer, if they have performed direct teaching duties of at least 8 hours in
the week.
25.6 Emergency Hours -
25.6.1 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.
25.6.2 Payment for
emergency excess teaching hours shall be made fortnightly at the appropriate
rate for the hours worked.
25.6.3 Emergency excess
teaching hours cannot be included in determining the direct teaching hours of
an averaging program.
25.7 The parties agree
that the use of excess teaching hours shall be discouraged.
26. Sunday Work/Night
Work
26.1 For the purpose
of this clause teacher includes head teacher and adult literacy officer.
26.2 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.
26.3 The formula for
calculating the hourly rate shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
27
|
27. Qualifications
for Appointment
27.1 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:
27.1.1 Education officer
- appropriate degree or diploma at AQF level or equivalent and appropriate
vocational and or industrial experience.
27.1.2 Teacher -
appropriate technical or professional qualifications plus from two to five
years, as appropriate, vocational and or industrial experience.
27.1.3 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.
28. Working
Conditions - Education Officers and Related Employees
28.1 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.
28.2 They shall:
28.2.1 be employed on a
35 hours per week basis and may average their working hours, provided they work
420 hours every twelve weeks;
28.2.2 be entitled to
professional development/study time as per clause 29, Professional Development
- Education Officers, Related Employees and Counsellors.
28.3 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:
28.3.1 the taking of
part, single or multiple days as time in lieu;
28.3.2 taking time in
lieu before 420 hours have been accumulated;
28.3.3 working a standard
35 hour week.
28.4 Up to a maximum
of one week (35 hours) may be carried forward from one twelve week period to
the next.
28.5 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.
28.6 Where agreed
working arrangements need to be reviewed this shall also be negotiated between
employees and their manager.
28.7 The band of hours
for employees not located in colleges/campuses shall be from 7.30am to 9.00pm
Monday to Friday.
28.8 The band of hours
for employees located in colleges/campuses shall be from 6.00am to 10.00pm
Monday to Saturday.
28.9 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.
29. Professional
Development - Education Officers, Related Employees and Counsellors
29.1 Permanent and
temporary education officers, related employees and counsellors shall have a
professional development program as follows:
29.1.1 retention of their
existing study time - for those employed as at 31 January 1994; or
29.1.2 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.
29.2 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:
29.2.1 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.
29.2.2 Related employees
as per clause 29.2 undertaking courses of study who require different
arrangements to those in subclause 29.2.1 may apply to the employer for special
consideration. The employer shall consider these requests on a case-by-case
basis.
29.2.3 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 29.2.
29.2.4 Related employees
as per clause 29.2 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 29.2.1 of this agreement. Following utilisation of this balance, professional development
time will accrue on the basis provided for in subclause 29.2.1 of this
agreement.
29.2.5 Related employees
as per sub clause 29.2 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 29.2.1.
30. Leave for
Teachers and Related Employees
30.1 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.
30.2 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.
30.3 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 30.1 for each twelve months of service, or
pro rata, on the basis of the employee’s ordinary salary rate.
30.4 Annual Leave and
Agreed Weeks of Non Attendance - teachers, counsellors and special program
coordinators:
30.4.1 Except where
provision is otherwise made in this section of the Award, all leave in excess
of four weeks shall be deemed to be in lieu of additional work and overtime.
30.4.2 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
|
30.5 Sick Leave -
30.5.1 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.
30.5.2 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.
30.5.3 Special sick leave
shall continue to be available.
30.5.4 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 30.4.1 of this subclause;
(b) all sick leave
entitlements as contained in paragraph 30.4.1 have been exhausted.
30.6 Extended Leave -
30.6.1 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.
30.6.2 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.
30.7 Family and
Community Service Leave -
30.7.1 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.
30.8 Personal/Carer's
Leave -
30.8.1 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.
30.8.2 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 30.8.1 (iii) (b) who is ill.
30.8.3 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.
30.8.4 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.
30.8.5 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.
30.8.6 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.
30.8.7 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 30.8.1 (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.
31. Calculation of
Service
31.1 In calculating
the years of service for the purpose of this section of the Award the following
periods shall not be taken into account:
31.1.1 any leave of
absence without pay exceeding five days in any year of service;
31.1.2 any unauthorised
absences;
31.1.3 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 section of the
Award.
32. Training and
Development
32.1 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.
32.2 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.
32.3 The parties agree
that, wherever possible, training and development shall be designed to
articulate with approved and accredited courses.
32.4 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.
33. Multi-Skilling
33.1 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.
33.2 Teachers
transferred pursuant to subclause 33.1 of this clause shall have a right to a
review of their position each year in consultation with relevant TAFE officers.
34. Working
Conditions - Part Time Casual Teachers, Coordinators and Counsellors
34.1 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.
34.2 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 34.7 of this clause,
of part time casual teachers and coordinators shall be as set out in Schedule
7.
34.3 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.
34.4 Duties -
34.4.1 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.
34.5 Sick Leave -
34.5.1 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.
34.5.2 Part time casual
teachers and coordinators who have a sick leave entitlement pursuant to clause
34.5.1 shall be entitled to use that entitlement for personal/carer’s and
bereavement leave purposes in accordance with subclause 30.8 Personal/Carer’s
Leave.
34.6 Hard to Fill
Country Locations -
34.6.1 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.
34.7 Payment for
Related Duties
34.7.1 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
|
34.7.2 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 34.4.
34.7.3 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.
34.8 Training and
Development -
34.8.1 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.
34.8.2 Allowances and
reimbursement of out-of-pocket expenses pursuant to the Crown Employees (Public
Service Conditions of Employment) Award 2009 published 31 July 2009 (368 I.G.
884) 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.
34.8.3 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.
34.8.4 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 34.8.3 (i) and
(ii) meal
allowances, when meals are not provided by the employer.
34.9 Class
Cancellation -
35.9.1 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.
34.10 Attendance at
Staff Meetings -
34.10.1 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.
34.10.2 A
minimum one hour is payable for each meeting attendance.
34.10.3 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.
34.11 Public Holiday
Pay -
34.11.1 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.
34.11.2 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 34.12.1 of
this subclause.
34.11.3 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.
34.12 Payment of
Interview Expenses -
35.12.1 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.
34.13 Recognition of
Previous TAFE Part time Casual Service -
34.13.1 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.
34.13.2 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
|
|
|
34.14 Agreed Leave -
34.14.1 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.
34.14.2 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.
34.14.3 Bereavement
Leave
(i) Subject to the
evidentiary and notice requirements in 30.8.1 (ii) and 30.8.1 (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 30.8.1 (iii) (b) of clause 30.8 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.
34.14.4 Personal//Carer’s
Leave
(i) Subject to the
evidentiary and notice requirements in 30.8.1 (ii) and 30.8.1 (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 30.8.1 (iii) (b) of clause 30.8 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.
34.15 Access to
Facilities -
34.15.1 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.
34.16 Statement of
Service -
34.16.1 The
employer shall maintain a record of service detailing hours paid during the
period of engagement of all part time casuals.
34.16.2 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.
34.16.3 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.
34.17 Induction -
35.17.1 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.
34.18 Part time Casual
Counsellors -
34.18.1 Part
time casual counsellors shall be entitled to an hourly rate of pay as set out
in Schedule 7.
34.18.2 The
hourly rate of pay provided in Schedule 7 is inclusive of all incidence of
employment, including sick leave in subclause 34.5, public holiday pay in
subclause 34.11 and agreed leave in subclause 34.14 except for entitlements
under the Long Service Leave Act 1955.
34.19 Temporary
Appointment Opportunities -
34.19.1 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.
35. Contract Teachers
(OTEN)
35.1 This clause
establishes the general conditions of employment, including hourly rates of pay,
which are specific to contract teachers employed at OTEN.
35.2 In addition to
the qualifications for appointment the Basic Method of External Teaching (BMET)
is the pre entry requirement.
35.3 Rates of Pay -
35.3.1 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
|
|
|
35.3.2 This formula
reflects the parties' agreement that the marking of each unit of work shall be
allocated 25 minutes.
35.3.3 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.
36. Provision for
Positions which Are Hard to Fill
36.1 This clause does
not apply to part time casual teachers and contract teachers (OTEN).
36.2 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.
36.3 When a position
has been identified as "hard to fill" in accordance with subclause
36.2, 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.
36.4 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.
36.5 The allowance
will be paid to the selected applicant for as long as they remain in the
advertised position.
37. Industrial Rights
37.1 Federation
Representatives -
37.1.1 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.
37.1.2 An accredited
Federation representative shall be allowed the necessary time during working
hours to interview the employer or their representative on matters affecting
employees.
37.1.3 An accredited
Federation representative shall be allowed a reasonable period of time during
working hours to interview a duly accredited Federation official.
37.2 Consultative and
Other Committee Work -
37.2.1 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.
37.2.2 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.
38. Quality
Improvement Program
38.1 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.
38.2 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.
39. Pilot Schemes
39.1 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.
39.2 The parties agree
that, before pilot schemes are introduced, the Federation and affected officers
involved must be consulted and agree to their trial.
40. Principles of
Restructuring
40.1 The parties agree
to the following basic principles in the restructuring of work units:
40.1.1 officers will be
consulted at the first opportunity;
40.1.2 the Federation is
notified and discussions held regarding the restructure;
40.1.3 where new
structures are being considered, a broad outline of the structure with basic
functions of each position will be developed;
40.1.4 the process
involves ongoing consultation with officers and the Federation;
40.1.5 job analysis will
be conducted on the new positions;
40.1.6 resulting position
descriptions will be discussed with affected officers and the Federation;
40.1.7 job evaluation of
positions is undertaken;
40.1.8 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.
TAFE CHILDRENS’ CENTRES SECTION
1. Salaries and Allowances
1.1 The minimum
annual rate of salary payable to early childhood teachers and early childhood
directors in TAFE children's centres shall be as set out in Schedule 8 - Early
Childhood Teachers - Salaries, . A
teacher shall progress after each 12 months of service along the steps of the
salary scale, subject to the teacher demonstrating continuing satisfactory
performance and professional growth.
1.2 Part-time and
Temporary Teachers -
1.2.1 A part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification, but in that
proportion which the teacher's ordinary attendance hours at the centre bear to
the hours which a full-time teacher at a centre is normally required to attend.
1.2.2 The days of
attendance of a part-time teacher may be varied at the commencement of each
semester or by mutual agreement between the employer and the teacher, with four
weeks notice. The ordinary hours for the purpose of this subclause shall not be
varied without agreement.
1.2.3 A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification.
1.3 Calculation of
Service -
1.3.1 For the purpose
of this clause, any teacher, if required by the employer to do so, shall, upon
engagement, establish to the satisfaction of the employer the length of their
service as a teacher in any centre or in early childhood education services for
children up to eight years of age, or as a teacher in the infants department of
a recognised school or within the infants department of schools registered or
certified under the appropriate legislation in other States or Territories of
the Commonwealth of Australia, and that period so established shall be taken to
be the length of such service for the purpose of that employment.
1.3.2 For the purpose
of this clause, a period of service other than service within paragraph 1.3.1
shall be counted as service in accordance with the following principles:
1.3.2.1 A period of
service as a lecturer in early childhood education or child development, as a
child development officer, or as a family day care coordinator or equivalent,
shall be recognised as service.
1.3.2.2 A period of
service as a carer in the child care industry, including service as a family
day care carer, a child care certificate worker or equivalent, and a period of
time during which the teacher is wholly engaged in child rearing, shall be
recognised as service at the rate of one increment for each complete three
years so engaged. Provided that, during the time of child rearing, the teacher
was a qualified early childhood teacher.
1.3.3 For the purpose
of calculating service:
1.3.3.1 Any full-time
employment (including temporary full-time employment) as referred to in
paragraphs 1.3.1 and 1.3.2, shall be counted as service.
1.3.3.2 The amount of
part-time service (including temporary part-time service) shall be calculated
by reference to proportion that the part-time employment bears to full-time
employment in that occupation.
1.3.3.3 Casual teachers
shall be entitled to normal incremental progression for each 1,600 hours of
service or its equivalent in early childhood education services.
1.3.3.4 For the purpose
of calculating service in this subclause, periods of part-time, temporary or
casual service shall be aggregated to determine years of full-time service.
1.4 Directors'
Allowances -
1.4.1 Early childhood
directors shall be paid an amount as set out in Schedule 9 - Early Childhood
Directors - Allowances, by way of a fixed loading.
1.4.2 For the purposes
of determining the number of employees directly supervised by a director, each
employee who works for 19 hours or more per week in the centre shall be counted
as one employee, and the hours worked by each employee whose hours of work are
less than 19 hours per week, as at 1 February and 1 July in each year, shall be
aggregated and divided by 38 to determine the full-time equivalent.
1.4.3 A teacher
required by the employer to act as an early childhood director for a period of
at least five consecutive days shall be paid the appropriate allowances
prescribed in the said Schedule 9 for such period. Provided that a teacher
shall not be required to carry out such duties in an acting capacity for more
than a full year, except that a teacher may be required to carry out such
duties for up to two full years where such a teacher is replacing a director
who is on leave for a specified period in excess of a full year.
1.5 Teacher in
charge allowances -
A teacher appointed as a teacher in charge shall be
paid in addition to the amounts payable pursuant to subclause 1.1, an allowance
in accordance with Schedule 10 - Early Childhood Teachers in Charge -
Allowance.
1.6 Casual Teachers
-
1.6.1 A casual teacher
shall be paid a 20 per cent loading in addition to the appropriate rate for
their classification, up to a maximum of the fourth step of the appropriate
scale. This rate shall be calculated by
dividing the annual rate by 26.07 to obtain a fortnightly rate and the result
by ten to obtain a daily rate and then by 7.6 to obtain an hourly rate.
1.6.2 A casual teacher
is entitled to an additional payment of one twelfth of their salary in
accordance with the Annual Holidays Act 1944.
1.6.3 Provided that the
minimum start for any casual teacher shall be three continuous hours for any
day or shift and that time worked thereafter shall be rounded to the nearest
half hour.
1.6.4 Provided that
casual teachers who are engaged for more than six hours and up to 7.6 hours
shall be paid the full daily rate.
1.6.5 Bereavement Leave
(i) Subject to the
evidentiary and notice requirements in subclause 6.5.1.2 and 6.5.1.4 casual
teachers are entitled to not be available to attend work, or to leave work on
the death in Australia of a person prescribed in subclause 6.5.1.3.2 of clause
6.5 Personal/Carer’s Leave.
(ii) The employer
and the casual teacher 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
casual teacher is entitled to not be available to attend work for up to 48
hours (i.e. two days) per occasion. The casual teacher is not entitled to any
payment for the period of non attendance.
(iii) The employer
must not fail to re-engage a casual teacher because the casual teacher accessed
the entitlements provided for in this clause. The rights of the employer to
engage or not engage a casual teacher are otherwise not affected.
1.6.6 Personal/Carer’s
leave
(i) Subject to the
evidentiary and notice requirements in subclause 6.5.1.2 and 6.5.1.4 casual
teachers are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause 6.5.1.3.2 of clause 6.5
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 casual teacher shall agree on the period for which the casual teacher
will be entitled to not be available to attend work. In the absence of
agreement, the casual teacher is entitled to not be available to attend work
for up to 48 hours (i.e. two days) per occasion. The casual teacher is not
entitled to any payment for the period of non attendance.
(iii) The employer
must not fail to re-engage a casual teacher because the casual teacher accessed
the entitlements provided for in this clause. The rights of the employer to
engage or not engage a casual teacher are otherwise not affected.
1.7 Reclassification
1.7.1 Where a three
year trained teacher completes a course of training as set out in the
definition of "Four Year Trained Teacher" in Clause 2, Dictionary,
the teacher shall be transferred to the salary step on the higher salary scale
determined by the teacher’s years of service on the scale.
1.7.2 When a teacher is
transferred to a higher salary scale in accordance with paragraph 1.6.1, the
date of the transfer shall be the date of completion of formal course
requirements, provided that the teacher advises the employer of the date of
such completion within one month of that date. Otherwise the date transfer
shall be one month prior to the date on which such advice was furnished by the
teacher to the employer.
1.8 Salary packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed by Schedule 8 of this award and any
allowances paid to an employee which form part of the employee’s salary for
superannuation purposes.
1.8.1 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.
1.8.2 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.
1.8.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
1.8.3.1 any fringe
benefits tax liability arising from a salary packaging arrangement; and
1.8.3.2 any
administrative fees.
1.8.4 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:
1.8.4.1 Superannuation
Guarantee Contributions;
1.8.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
1.8.4.3 payments
made in relation to accrued leave paid on termination of the employee’s
employment or on the death of the employee.
2. Hours of Work
2.1 The ordinary
working hours, inclusive of crib breaks taken at the Centre, shall not exceed
an average of 38 per week between the hours of 6.00am to 7.00pm Monday to
Friday to be worked by one of the following methods:
2.1.1 A teacher working
in shifts of no more than eight hours duration.
2.1.1.1 A teacher shall
accrue 0.4 of one hour for eight hours duty on each day of attendance to a
maximum of one (1) paid rostered day off (RDO) in each 20 days of service. RDOs are to be taken during TAFE breaks
where possible. There shall be a
maximum of 12 RDOs in any 12 consecutive months of employment.
2.1.1.2 Each day of paid
leave taken pursuant to this section of the Award including each public holiday
and the annual holiday (but not including long service leave) shall be regarded
as a day worked for accrual purposes.
2.1.1.3 A teacher shall
be entitled to be paid on termination of employment for rostered days off which
have been accumulated but not taken at the rate of pay effective on the date of
termination.
2.1.1.4 A teacher shall
not be entitled to sick leave in respect of illness whilst on a rostered day
off. In the event of a rostered day off
falling on a public holiday, the teacher and employer shall agree on an
alternative day off as a substitute.
2.1.2 A teacher working
in shifts of more than eight ordinary hours on one or more days during the work
cycle.
2.1.2.1 A teacher may
work three 10 hour shifts and one eight hour shift per week; or
2.1.2.2 four 9.5 hour
shifts per week; or
2.1.2.3 any other shift
arrangement whereby a teacher works no more than 10 hours per day or 38 hours
per week.
If the teacher works a shift longer than eight hours
the teacher shall receive an additional paid crib break of 10 minutes which
shall be taken at a time convenient to the employer.
2.1.3 Method of
Implementation
Subject to paragraphs 2.1.1 and 2.1.2, the method of
implementation of the 38-hour week shall be one of the following, as agreed
between the teacher and the institute manager in charge of the centre:
2.1.3.1 19-day month -
the teacher may accrue one workday in each 20 days of service as a rostered day
off (to be taken during TAFE breaks where possible).
2.1.3.2 Accumulation -
the teacher may accrue sufficient rostered days off to enable such days to be
taken as a block of no more than 12 days at any one time in any 12 months of consecutive
employment.
2.1.3.3 The teacher may
work more than eight hours on one or more days of the work cycle.
The institute manager in charge of the centre shall
make the final determination of the method of implementing the 38 hour week.
2.1.4 Part-time, Casual
and Temporary Teachers:
2.1.4.1 Part-time
teachers - A part-time teacher shall, by agreement with the institute manager
in charge of the centre and according to the period of engagement of the
teacher, be entitled to either:
2.1.4.1.1 accrue
rostered days off in accordance with paragraph 2.1.1 if a part-time teacher’s
hours are spread over five days of a week; or
2.1.4.1.2 be paid
an additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
2.1.4.2 Casual teachers -
A casual teacher shall be entitled to be paid an additional loading of five per
cent pursuant to this clause in lieu of an entitlement to rostered days off.
2.1.4.3 Temporary
teachers - A full-time temporary teacher shall, by agreement with the institute
manager in charge of the centre and according to the period of engagement of
the teacher, be entitled to either:
2.1.4.3.1 accrue
rostered days in accordance with paragraph 4.1.1; or
2.1.4.3.2 be paid
an additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
2.1.5 Rostering
2.1.5.1 A teacher shall
be advised by the institute manager in charge of the centre at least four weeks
in advance of the day or days on which the teacher is to be rostered off duty.
2.1.5.2 An individual
teacher may, with the agreement of the institute manager in charge of the
centre, substitute the day the teacher is rostered off duty for another day.
3. Non Contact Time
3.1 Both the
employer and the Teachers Federation recognise that all teachers and directors
should be relieved from face to face duties in order to perform programming,
record keeping, liaison with parents and outside agencies and administration
duties.
3.1.1 Directors
Administration Time
Full time directors shall receive a minimum of 5 hours
per week of non contact time to perform administrative duties.
3.1.2 Full Time
Teachers Non Contact Time
Teachers shall receive a minimum of 2 hours per week of
non contact time.
3.1.3 Provided that
directors or teachers who now receive non contact time in excess of this shall
not have this time reduced as a result of the making of this Award.
3.1.4 Non contact time
for part time teacher and directors shall be in that proportion to which the
teacher or directors working hours bear to the number of working hours which a
full time teacher or director at the centre is normally required to work.
4. Shift Work
4.1 For the purposes
only of calculating the loadings provided for in this clause:
4.1.1 a fortnightly
rate of pay shall be obtained by dividing the teacher's annual rate by 26.07;
4.1.2 a daily rate of
pay shall be obtained by dividing the fortnightly rate, as provided for in
paragraph 4.1.1, by ten;
4.1.3 the rate of pay
for a casual teacher shall be calculated in accordance with subclause 1.6.
4.2 In addition to
the weekly or daily rate of salary provided for in clause 1, a loading shall be
payable to a teacher required to perform shift work as follows:
4.2.1 early morning
shift - 10 per cent;
4.2.2 afternoon shift -
15 per cent;
4.2.3 night shift,
rotating with day or afternoon shift - 17.5 per cent;
4.2.4 night shift, non
rotating - 30 per cent.
4.3 Where a teacher
is required to work on a Saturday, Sunday or a public holiday, they will be
paid for each such day or shift worked on the following basis:
4.3.1 Saturday - at one
and a half times the daily rate of pay.
4.3.2 Sunday - at
double the daily rate of pay.
4.3.3 Public holidays -
at two and a half times the daily rate of pay.
4.3.4 The payments
prescribed by this subclause shall be in substitution for, and not cumulative
upon, the shift loading prescribed in subclause 4.2.
5. Public Holidays
5.1 The following
days shall be holidays for the purposes of this section of the Award: New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day. All days
proclaimed as public holidays for the state shall be holidays, provided that
any day proclaimed as a holiday for the State for a special purpose but
observed throughout the State on different days also shall be a holiday.
6. Leave
6.1 Annual
Recreation Leave -
6.1.1 All teachers,
other than casual teachers, will be entitled to a minimum of 20 days recreation
leave per annum, or pro rata where employed for periods of less than the
equivalent full-time.
6.1.2 All recreation
leave is to be taken during TAFE non-teaching and vacation periods where
possible.
6.2 Annual Leave
Loading - All teachers, other than casual teachers, shall be paid a loading of
17.5 per cent of their salary for each week of the four weeks minimum annual
leave as provided for in subclause 6.1, for each 12 months of service, or pro
rata on the basis of the staff member's ordinary salary rate.
6.3 Sick Leave -
6.3.1 All full-time
teachers shall be entitled to 15 days per annum, with the unused component of
the annual entitlement being fully cumulative.
6.3.2 The sick leave
entitlement for a part-time teacher employed in a centre shall be in that
proportion which the teacher's working hours bears to the number of working
hours which a full-time teacher at that centre is normally required to work.
6.3.3 A temporary
teacher's sick leave entitlement shall be in that proportion of 15 days which
their appointment bears to the proportion of the year that they work.
6.3.4 Special sick
leave shall be available in line with TAFE policy.
6.4 Family and
Community Service Leave -
6.4.1 The maximum
amount of family and community service leave that may be granted for full-time
teachers is:
6.4.1.1 during the first
12 months of service - 2.5 working days;
6.4.1.2 after completion
of 12 months of service - five working days in any two-year period; or
6.4.1.3 one working day
for each year of service after two years of continuous service, less any period
of family and community service leave already taken.
6.4.2 The family and
community service leave entitlement for a part-time teacher employed in a
centre shall be in that proportion which the teacher's working hours bears to
the number of working hours which a full-time teacher at that centre is
normally required to work.
6.5 Personal/Carer's
Leave -
6.5.1 Use of Sick Leave
6.5.1.1 A teacher, other
than a casual teacher, with responsibilities in relation to a class of person
as set out in subparagraph 6.5.1.3.2 who needs the teacher's care and support
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement provided for in subclause 6.3, for absences to
provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
6.5.1.2 The teacher
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, a
teacher must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
6.5.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
6.5.1.3.1 the
teacher being responsible for the care of the person concerned; and
6.5.1.3.2 the
person concerned being:
(a) a spouse of the
teacher; or
(b) 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
(c) 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 teacher or spouse or de facto spouse
of the teacher; or
(d) a same sex
partner who lives with the teacher as the de facto partner of that teacher on a
bona fide domestic basis; or
(e) a relative of
the teacher who is a member of the same household where, for the purposes of
this section:
(i) "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
6.5.1.4 A teacher shall,
wherever practicable, give the employer 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 teacher, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the teacher to give
notice of absence, the teacher shall notify the employer by telephone of such
absence at the first opportunity on the day of absence.
6.5.2 Unpaid Leave for
Family Purpose -
6.5.2.1 A teacher may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person as set out in
subparagraph 6.5.1.3.2, who is ill.
6.5.3 Annual Leave -
6.5.3.1 A teacher may
elect, with the consent of the employer 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.
6.5.3.2 Access to annual
leave, as prescribed in subparagraph 6.5.3.1, shall be exclusive of any
shutdown period provided for elsewhere under this Award.
6.5.3.3 A teacher and
employer 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.
6.5.3.4 A teacher 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.
6.5.4 Make-up Time -
6.5.4.1 A teacher may
elect, with the consent of the employer, to work "make-up time",
under which the teacher takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in this section of
the Award, at the ordinary rate of pay.
6.5.4.2 A teacher on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the teacher takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
6.5.5 Rostered Days Off
-
6.5.5.1 A teacher may
elect, with the consent of the employer, to take a rostered day off at any
time.
6.5.5.2 A teacher may
elect, with the consent of the employer, to take rostered days off in part-day
amounts.
6.5.5.3 A teacher may
elect, with the consent of the employer, 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 and teacher, or subject to reasonable notice by the
teacher or the employer.
6.5.5.4 This subclause is
subject to the employer informing each union, which is both party to the award
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(s) to participate in negotiations.
6.5.6 Bereavement Leave
-
6.5.6.1 A teacher, other
than a casual teacher, 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 6.5.6.3.
6.5.6.2 The teacher must
notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide, to the satisfaction of
the employer, proof of death.
6.5.6.3 Bereavement leave
shall be available to the teacher in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in subparagraph
6.5.1.3.2; provided that, for the purpose of bereavement leave, the teacher
need not have been responsible for the care of the person concerned.
6.5.6.4 A teacher shall
not be entitled to bereavement leave under this clause during any period in respect
of which the teacher has been granted other leave.
6.5.6.5 Bereavement leave
may be taken in conjunction with other leave available under paragraphs 6.5.1,
6.5.2, 6.5.3, 6.5.4 and 6.5.5. In determining such a request, the employer will
give consideration to the circumstances of the teacher and the reasonable
operation requirements of the business.
7. Overtime and Time
Off in Lieu of Payment for Overtime
7.1 Overtime
7.1.1 Subject to 7.1.2
and 7.1.3, all hours required by the employer to be worked outside the ordinary
hours of work prescribed by clause 4 Hours of Work, including where a teacher
is required to stay back to supervise children who have not been picked up or
to cover related emergency situations including staff absences, but excluding the
normal preparation and programming duties of a teacher, shall be paid at the
rate of time and one half for the first two hours and double time thereafter.
7.1.2 Notwithstanding
7.1.1, teachers may be required to attend out of hours enrolment sessions,
in-service, staff meetings, parent and committee management meetings and other
duties not including the supervision of children without any payment being due.
7.1.3 Teachers, other
than casual teachers, shall be allowed three days paid compensatory leave per
annum, in lieu of attendance at out of hours enrolment sessions, in-service,
staff meetings, parent and committee management meetings and other duties not
including the supervision of children. This compensatory leave shall be granted
and taken on a day or days determined by the director or line manager and be
mutually convenient.
7.2 Time Off in Lieu
of Payment for Overtime
7.2.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
7.2.2 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.
7.2.3 If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
7.2.4 Where an election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with 7.1.1 of this section of the Award.
8. Job Share
8.1 Job share is a
five-day full-time position which is shared by two teachers, working a
predetermined number of full days each per week.
8.2 Job share is
only available to early childhood teachers, not early childhood directors.
8.3 Procedures for
implementing job share:
8.3.1 Teachers
interested in job share may put forward a proposal in writing to the director.
This proposal should include the following:
8.3.1.1 reasons;
8.3.1.2 benefits to the
centre;
8.3.1.3 strategies for
the management of job share;
8.3.1.4 nominated days of
work.
8.3.2 The director and
the prospective job share teacher will then meet to discuss the following
issues:
8.3.2.1 advantages/disadvantages
of proposal;
8.3.2.2 strategies for
communication between job share teachers;
8.3.2.3 strategies for
communication with other staff members;
8.3.2.4 attendance at
parent meetings and preparation of written reports;
8.3.2.5 attendance at
staff meetings, regional meetings, in-service courses and other out of hours
meetings or functions;
8.3.2.6 curriculum and
programming issues.
8.3.2.7 The parties note
that attendance at meetings on days that a job share teacher is normally not
expected to attend is at the discretion of the teacher.
8.3.3 If there is an in
principle agreement between the above parties, the written proposal will be
forwarded to the relevant institute human resources manager with a
recommendation from the director.
8.3.4 The human
resources manager will confirm, in writing, whether the proposal is approved or
not.
8.3.5 If job share is
approved, the second position is advertised and both positions will become
permanent part-time.
8.3.6 Following the
appointment of the second job share teacher, the issues identified in paragraph
8.3.2 will be discussed at a full staff meeting.
8.3.7 In the event that
the job share proposal is not approved, the staff member concerned has the
right to invoke the dispute resolution procedure as set out in clause 1 of the
General Section - Dispute Resolution Procedure.
8.4 The employer
reserves the right to:
8.4.1 view each
situation on an individual basis;
8.4.2 nominate, if
necessary, a number of staff or an overall percentage of teachers in TAFE
children's centres who are able to job share;
8.4.3 determine the
number of job share positions in each centre.
8.4.4 absences that
occur due to approved leave, including sick leave, by one of the two job share
teachers will be offered in the first instance to the other person. The teacher cannot be directed to work such
absences.
8.4.5 payment for such
vacancies will be according to clause 1, Salaries and Allowances of the TAFE
Children Centres section of the Award.
8.5 Resignations -
In the event that the position of one job share teacher at a particular centre
becomes vacant, the following procedure will occur:
8.5.1 the remaining
part-time teacher may be offered the option of a full-time position;
8.5.2 another permanent
staff member, including a part-time teacher, may transfer to the job share
position;
8.5.3 if neither of the
above occurs, then the part-time position will be advertised.
9. Duties of Teachers
9.1 The normal duties
of teachers shall include the usual duties performed in attendance at a centre
as well as the usual planning, resourcing and extracurricular activities
associated with a centre, including attendance at parent and committee
management meetings.
9.2 A director
shall, in addition to subclause 9.1, have responsibility for the supervision of
employees and the security and maintenance of a centre.
10. Crib Breaks
10.1 A teacher shall
be entitled to 30 consecutive minutes crib break within the centre.
10.2 Where a meal is
taken at the centre, it shall be counted as time worked. A teacher is not to be
required to work for more than five hours without being given the opportunity
to take a crib break.
11. First-Aid
Certificate
11.1 Teachers, other
than casual teachers, will be required to obtain and maintain a first-aid
certificate under the following conditions:
11.1.1 Teachers in the
first six months of employment will be required to have or to obtain a
"Care for Kids" qualification or an approved senior first-aid
certificate.
11.1.2 Teachers will be
required to maintain the currency of their first-aid certification.
11.1.3 Teachers will be
granted paid leave to attend a first-aid course or, when the teacher attends
the course in their own time, the teacher will receive time in lieu at ordinary
rates for course attendance time.
BRADFIELD COLLEGE
SECTION
1. Introduction
Bradfield College is a unique public educational
institution. The salary, leave and working conditions of employees at the
College are agreed by the parties to meet the current needs of the College and
its teachers.
2. Employment
Arrangements and Right of Return
2.1 All employees
are employed on the basis of a temporary period of engagement of up to three
years.
2.2 Employees will
be employed under either the Teaching Service Act 1980 or the Public
Sector Employment and Management Act 2002.
2.3 An employee who
was appointed as an officer with the Department or TAFE prior to accepting a
temporary engagement at the College shall be eligible to return to another
position with the Department or TAFE as appropriate.
2.4 A transferred
officer shall be entitled to the benefits of Determination 1 of 2001 -
Transferred Officers Compensation, pursuant to section 25 of the Teaching
Service Act 1980 or Determination 4 of 2001 - Transferred Officers
Compensation, pursuant to section 16(1) of the Technical and Further
Education Commission Act 1990 (or successor provisions).
2.5 Nothing in this
award shall operate to remove the right of the Division Head/Director-General
to transfer an employee of either TAFE or the Department, respectively, to
another location.
3. Types of
Employment
Employees will be engaged as either:
(i) Full time
employees
(ii) Part time
employees
(iii) Casual
employees
4. Full Time
Employees
A full time employee is engaged to work the hours provided
in clause 16 - Hours of Work and is paid at the appropriate rate in Schedule
11.
5. Part-Time
Employees
Part time employees shall be entitled to all conditions of a
full time employee on a prorata basis.
6. Casual Employees
6.1 Casual employees
will be paid in accordance with this clause. It is the intention of the parties
that no casual teacher shall be engaged at Bradfield College to deliver the
equivalent of a full time teaching program for 12 or more weeks in a semester
except where a part time or full time employee is not able to be employed
following recruitment action.
Except as expressly provided for elsewhere in this
section of the award, payment and working conditions of casual employees will
be in accordance with the provisions for part time casual employees contained
in the TAFE section of this Award as varied from time to time provided that
payment will be made for approved hours of attendance. Relevant rates are
extracted and contained in Schedule 12 of the Award.
7. Payment for
Related Duties - Casual Teachers
7.1 Casual teachers
teaching a total of 10 or more hours in a week at Bradfield College or
elsewhere in Northern Sydney Institute shall be entitled to payment for related
duties, provided that they attend to perform the related duties. Such related
duties shall be paid at the teaching duties rate according to the following
table, consistent with the provisions for part time casual employees contained
within the TAFE section of this Award:
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
|
7.2 Payment for
related duties paid to casual teachers teaching 10 hours or more a week are for
duties associated with the casual teacher’s teaching section as well as for
duties related to the casual teacher’s direct teaching activities.
7.3 Duties
associated with the casual teacher’s teaching section as well as duties related
to the casual teacher’s direct teaching activities shall include:
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
preparation for practical work, drawing and practical
exercises
7.4 The
apportionment of the related duties to be undertaken and the required
attendance shall be by agreement between the 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 casual teacher’s approved program unless requested by the casual teacher.
7.5 Where the
Director of Bradfield College or their representative, requests a casual
teacher to attend the College to undertake or participate in:
a staff meeting and/or a learning area meeting
Bradfield College developments days and Bradfield
College other professional development activities
Bradfield College January development day/s
Bradfield College information evening and projects
parent/teacher meetings
exam supervision and marking
report writing
at a time when the casual teacher is not scheduled to
teach or perform related duties, the casual teacher who agrees to attend to
undertake these activities will be paid at the Duties Other Than Teaching
(DOTT) rate, as prescribed in Schedule 12, for the duration of the additional
hours of agreed attendance. Casual teachers will continue to be paid at the
part time casual teaching duties rate for their scheduled teaching and related
duties hours.
7.6 From 5 February
2007, casual teachers teaching a total of 10 or more hours at Bradfield College
or elsewhere in any Institute of TAFE shall be entitled to payment for related
duties in accordance with clause 7.1.
8. Learning
Co-ordinators
8.1 Learning
Co-ordinators are responsible for the educational and administrative leadership
of specified areas within the College.
Where appointed, and as a minimum, Learning Co-ordinators shall be:
required to supervise a major discipline area within
the College; or
responsible for curriculum development and student
support directly linked to classroom practice across the College.
8.2 Recognising that
the establishment and deletion of Learning Coordinator positions is at the
discretion of the Director, an annual review of Learning Coordinator positions
will include an assessment of:
(a) current and
future curriculum needs
(b) supervisory
responsibilities
(c) the duration of
the position
9. Teacher Quality
9.1 To provide
feedback on a teacher’s performance, the Director or their nominee shall ensure
that the teacher’s performance is appraised by annual review. This appraisal
will be implemented as follows:
9.1.1 The Director, or
their nominee, shall be responsible for annually reviewing the performance and
development of teachers undertaking their work.
9.1.2 The TAFE Teachers
and Related Employees Annual Review Policy (TAFE Gazette No. 32, 10 October
2001) or its replacement shall apply to all teachers, except casual teachers.
9.1.3 The annual review
for teachers shall be reported by way of the teacher assessment review form.
9.1.4 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.
10. Training and
Professional Development
10.1 The parties
confirm their commitment to training and development for Bradfield College
employees. The employees recognise
their obligation to maintain and update skills.
10.2 The Director
shall, following consultation with the employees, develop a training plan for
the College which will take into account the individual training needs of
teachers as identified by the annual review as provided for by subclause 9.1.2
of this section of the award. The training plan will be reviewed annually by
the Director in consultation with the employees.
10.3 Three days each
year, during the standard term time for public schools and TAFE Institutes,
shall be scheduled by the Director for the purpose of meeting system needs and
those peculiar to the College.
10.4 The professional
development scheme developed and implemented at Bradfield College will continue
to operate. Individual performance shall be reviewed in accordance with that
scheme on an annual basis. Individual training needs will be assessed and
discussed in accordance with that scheme.
11. Qualification and
Experience Requirements
11.1 All teachers will
be required to hold a recognised teaching qualification that fulfils the same
requirements with respect to academic qualifications as apply to teachers
teaching the same Key Learning Areas or disciplines within the Department or
TAFE as appropriate.
11.2 All teachers
teaching the same disciplines as taught in TAFE will be required to fulfil the
same requirements as apply to teachers teaching the same disciplines in TAFE.
11.3 All teachers
teaching the same Key Learning Area(s) as those taught in the Department
may be required to have a minimum of
three years full time equivalent teaching experience in the Key Learning
Area(s) that they will be required to teach at the College.
12. Remuneration
12.1 Salaries, rates
of pay and allowances in this section of the Award shall be paid in accordance
with Schedules 11, 12 and 13.
12.2 A teacher
appointed as team leader shall be paid an allowance as set out in Schedule 13 -
Bradfield College Team Leader Allowance.
12.3 Determination of
Starting Salary -
For the purposes of this clause, ‘experience’ shall
mean:
any periods as a teacher in the Key Learning Area(s) or
disciplines which the employee will be required to teach at Bradfield College
in addition to the minimum specified in clauses 11.2 and 11.3;
12.3.1 All teachers
appointed to Bradfield College shall commence at the rate prescribed for Level
A in Schedule 11 of the Award unless they possess additional experience that
justifies appointment at a higher level.
12.3.2 The determination
of starting salary shall be made by the Director having regard to the
provisions of clauses 12.3.3 and 12.3.4 of this section of the award.
12.3.3 A teacher who was
employed in the Teaching Service or TAFE Commission Division prior to
engagement at Bradfield College shall commence on a Level that is not less than
the salary the teacher was receiving pursuant to the Crown Employees (Teachers
in Schools and Related Employees) Salaries and Conditions Award 2009 or the
TAFE section of this Award respectively.
12.3.4 In relation to the
appointment of teachers to levels, the following shall apply:
Level A: Applicants with minimum qualifications and
minimum experience.
Level B: Applicants with minimum qualifications and no
less than 1 year of experience above the minimum requirement.
Level C: Applicants with minimum qualifications and no
less than 2 years of experience above the minimum requirement.
Level D: Applicants with minimum qualifications and no
less than 3 years of experience above the minimum requirement.
Level E: Applicants with minimum qualifications and no
less than 4 years of experience above the minimum requirement.
Level F: Applicants with minimum qualifications and no
less than 5 years of experience above the minimum requirement,
provided that, in exceptional circumstances, salary
levels higher than the above can be approved by the Director, Northern Sydney
Institute.
12.4 Movement Between
Salary Levels -
12.4.1 A teacher at
Bradfield College shall be entitled to progress or be maintained on the teacher
salary scale or the salary level for a learning co-ordinator or assistant
director position after each 12 months of service subject to the teacher
demonstrating by means of annual review, continuing efficiency in teaching
practice, satisfactory performance and professional growth. These shall be
determined as provided for in Clause 13, Teacher Quality of this section of the
award.
12.4.2 Periods of
full-time leave without pay greater than five days shall not be counted as
service for the purposes of this clause.
12.5 Arrangements for
employees to act in higher positions and to receive higher duties allowances
shall be in accordance with provisions applicable to school teaching staff in
the Teaching Service.
13. Salary Packaging
For the purposes of this clause "salary" means the
salary or rates of pay prescribed for the employee's classification by
Schedules 11, 12 and 13 of the Award and any allowances paid to an employee
which form part of the employee’s salary for superannuation purposes.
13.1 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.
13.2 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.
13.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
13.3.1 any fringe
benefits tax liability arising from a salary packaging arrangement and;
13.3.2 any administrative
fees.
13.4 Where an 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:
13.4.1 Superannuation
Guarantee Contributions;
13.4.2 any salary-related
payment including but not limited to allowances and workers compensation
payments; and
13.4.3 payments made in
relation to accrued leave paid on termination of the employee’s employment or
on the death of the employee.
14. Travelling Time
and Travelling Expenses
Where an employee is required and authorised to travel on
College business in the performance of their duties, compensation for travel
shall be determined in accordance with the provisions of Schedule 14 Bradfield
College Excess Travel and Compensation for Travel on Official Business of the
Award.
15. College Year
15.1 Bradfield College
will operate for a period of 50 weeks in a calendar year, during which the
College may be open and utilised to conduct educational programs, and have a
two-week close-down period surrounding Christmas and the New Year. The dates of
the close-down period will be determined annually by the Director.
15.2 Employees covered
by this section of the award shall not be required to be in attendance during
the close-down period.
16. Hours of Work
16.1 The parties agree
to a flexible and adaptive approach in relation to working hours and working
arrangements for Bradfield College. These arrangements are based on the
averaging of weekly teaching hours for full time:
Teachers
|
- 20 hours;
|
Team leaders
|
- 20 hours;
|
Learning Co-ordinators
|
- 14 hours;
|
Assistant Directors
|
- a minimum of 4 and a maximum of 8 hours,
|
over a period of up to 12 weeks. By agreement with the
Director, employees may also enter into an arrangement whereby a program,
including excess teaching hours, may be worked and accumulated in accordance
with the provisions of subclause 16.6 hereof.
16.2 An employee’s
program of teaching shall be agreed prior to the commencement of each term
between the employee and the Director and recorded by the teacher on the
appropriate Establishment Control (EC) form, or other form(s) as may be
required for payroll purposes.
16.3 The daily span of
working hours in the College for employees under this section of the award is
between 7.30 a.m. and 10.00 p.m. on Monday to Friday inclusive and from 7.30
a.m. to 6.00 p.m. on Saturday, provided that an employee cannot be required to
work in excess of eight hours on any one day without the agreement of that
employee.
16.4 Employees may be
required to work on any five days from Monday to Saturday inclusive as part of
their normal program, provided that by agreement of the Director, weekly
attendance requirements may be met in four days per week. Should an employee be
required to work on a Saturday, the Director may, if requested, provide in the
employee’s program for two consecutive duty free days a week.
16.5 Full time
employees shall attend for work 420 hours over a 12-week work cycle of 72
operating days, provided that:
16.5.1 no employee will
be required to be in attendance for more than 60 operating days;
16.5.2 an employee may,
with the agreement of the Director, attend at the College for less than 420
hours in a 12-week cycle but, in any case, shall attend at the College for no
less than 360 hours over a 12-week cycle;
16.5.3 no teacher
(including any teacher designated as a team leader) shall be required to teach
more than 24 hours in any one week;
16.5.4 no learning
co-ordinator shall be required to teach more than 18 hours each week;
16.5.5 no assistant
director shall be required to teach more than 8 hours each week.
16.6 By agreement
between the employee and the Director prior to the commencement of the term, a
program may be entered into which includes teaching hours in excess of a normal
load. Such hours may be accumulated to
a maximum of 35 hours and then taken as time in lieu, provided that:
16.6.1 All time in lieu
shall be taken on an hour-for-hour basis during a non-teaching session.
16.6.2 Where an employee
is unable to take the time in lieu before the end of the 12 week accumulation
period or the end of the vacation period immediately following the term during
which the hours were accumulated (whichever is the sooner), then such teaching
hours as are accumulated shall be paid for at the casual teaching rate as set
out in Schedule 12 - Hourly Rates for Casual Teachers, Co-ordinators and
Counsellors - Bradfield College of the Award.
16.6.3 Where, with the
agreement of the Director, incidental time associated with programmed excess
teaching hours has been worked at the College and recorded by the teacher on
the appropriate Establishment Control (EC) form, it may be counted towards time
in lieu arrangements.
16.6.4 No employee shall
be required to work beyond the limitations set out in subclause 16.5 hereof.
16.7 Emergency excess
teaching hours occur when there is an unplanned absence of a teacher and
another teacher agrees to take a class with less than 24 hours notice. In such
circumstances, emergency excess teaching hours shall be paid for at the casual
teaching rate as set out in Schedule 12 - Hourly Rates for Casual Teachers,
Co-ordinators and Counsellors.
16.8 Where employees,
other than casual employees, are requested to work on approved Bradfield
College activities which require their attendance on Sundays or public
holidays, they shall be eligible for compensatory leave.
An employee shall not unreasonably refuse to work at
this time.
Compensatory leave will be granted on the basis of one
day for each public holiday or Sunday the employee is directed to be in
attendance at the activity.
Compensatory leave is to be taken as time in lieu
within a reasonable time after the activity and at a time negotiated with the
Director, and may be taken in conjunction with annual leave to credit.
16.9 Employees may not
be directed to undertake teaching duties for more than 14 consecutive weeks
without taking a break of at least one week, or may not elect to undertake such
duties for more than 18 consecutive weeks without taking a break of at least
one week from teaching duties. During the break employees may, for example:
take annual leave or other leave to credit;
undertake professional development;
undertake duties incidental to teaching;
undertake administrative duties; or
undertake other duties as assigned by the Director.
16.10 The Director (in
consultation with the employees) may vary the combination of working hours to
suit the needs of Bradfield College or the employees.
17. Annual Leave
17.1 Subject to the
provisions of the Annual Holidays Act 1944, employees, other than casual
employees, of the College shall be entitled to annual leave as follows:
17.1.1 Twenty working
days annual leave per annum (which accrues at the rate of one and two-thirds
working days per month), subject to each employee accruing not more than 30
working days annual leave.
17.1.2 Annual leave will
be taken at a time and for a period agreed between the employee and the
Director.
18. Extended Leave
and Long Service Leave
18.1 Officers shall
retain their extended leave to credit as at the date of their engagement at
Bradfield College.
18.2 Extended leave or
long service leave shall be granted in accordance with the following:
(a) for employees
who are officers in the Teaching Service: the Teaching Service Act 1980 and Determination
6 of 2006 Salaries and Particular Leave Provisions for Bradfield College
Employees, pursuant to section 13 of the Teaching Service Act 1980,
(b) for full time
employees or officers in the TAFE Commission Division: the Public Sector
Employment and Management Act 2002 and the Extended Leave Policy (TAFE Gazette
No. 44, 9 November 1994) or its successor,
(c) for casual
employees and part time employees who are not officers: the Long Service Leave
Act 1955.
19. Sick Leave
19.1 Employees, other
than casual employees, are entitled to sick leave at the rate of 15 working
days paid sick leave per year, i.e., 1 January to 31 December. The full annual
entitlement is available from 1 January each year. Sick leave will not accrue
on a monthly basis. The unused component of the annual entitlement is fully
cumulative.
19.2 An officer who
had an entitlement to cumulative sick leave on appointment to Bradfield College
shall retain such entitlement for use when required.
19.3 Where the sick
leave balance to be transferred is expressed in hours (for example if accrued
in prior employment as a casual employee) the balance must be converted to days
using the formula:
Sick leave
balance to be transferred in hours
7
20. Family and
Community Service Leave
20.1 The Director may
grant paid family and community service leave to an employee, other than a
casual employee, for reasons related to:
(i) family
responsibilities of the employee; or
(ii) the performance
of community service by the employee; or
(iii) personal
emergencies
20.2 Quantum - The
amount of family and community service leave available to an employee shall be:
(i) during the
first 12 months of service - three working days;
(ii) after
completion of 12 months service - six working days in any two year period; and
(iii) after
completion of two years service - nine working days in any three year period.
Where family and community service leave is exhausted,
sick leave in accordance with subclause 21.1 may be used.
Where family and community service leave has been
exhausted, additional such leave up to two days may be granted on a discrete
"per occasion" basis on the death of a family member (as defined in
subclause 21.2).
20.3 An officer who is
engaged at Bradfield College shall have their previous service with the
Department or TAFE recognised for the purpose of calculating the leave
entitlement pursuant to subclause 20.2.
21. Personal Carer’s
Leave
21.1 An employee may
use the available sick leave from the current year, plus any accumulated sick
leave from the previous three years to provide care and support for family
members when they are ill. Such illness
shall be supported, if required, by a medical certificate or a statutory
declaration that the illness is such as to require the care of another person
for a specific period. The choice of
medical certificate or statutory declaration is the employee’s. Neither the
medical certificate nor statutory declaration is required to reveal the exact nature
of the illness. Wherever practicable, prior notice of the intention to take
leave should be given by the employee.
21.2 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:
a spouse of the employee; or
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
a child or an adult (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
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
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.
An employee shall, wherever practicable, give the
Director notice, prior to the absence, of the intention to take leave, the name
of the person requiring care and that person’s relationship to the employee,
the reasons for taking such leave and the estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the College Director of such absence at the first opportunity on
the day of absence.
21.3 Use of Other
Leave - To care for an ill family member, an employee may also use annual
leave, extended leave or unpaid leave with the consent of the Director.
21.4 Use of Time in
Lieu - To care for an ill family member, an employee may also, with the
supervisor's consent, take time off in lieu as agreed on an hour-for-hour
basis.
21.5 Use of Make-up
Time - To care for an ill family member, an employee may, with the supervisor's
consent, elect to work "make-up time". This means the employee takes
time off during ordinary hours and works those hours at a later time during the
spread of ordinary hours, at the ordinary rate of pay.
22. Adoption,
Maternity and Parental Leave
Employees shall be entitled to adoption, maternity and parental
leave in accordance with the TAFE
NSW Adoption, Maternity and Parental Leave Procedures.
23. Other Leave
Employees, other than casual employees, shall be entitled to
the following forms of leave in accordance with the policies published in the
TAFE Commission Gazette, as amended from time to time:
Leave Type
|
TAFE Commission
Gazette
|
Trade union activities
|
No. 4 of 1993
|
Special leave*
|
No. 4 of 1993
|
Military leave
|
No. 10 of 2004
|
Study leave
|
Nos. 31 and 36 of 1991,
|
|
No. 49 of 1992
|
*Under the Special Leave policy casual teachers may, in
some circumstances, be entitled to special leave.
24. Occupational
Health and Safety
24.1 The parties
acknowledge their obligations to create, maintain and promote a safe working
environment in accordance with their obligations under the Occupational Health
and Safety Act 2000 and other relevant occupational health and safety
legislation.
24.2 Management of the
College have an obligation to ensure that appropriate prevention and management
systems are in place to effectively manage health and safety issues, including
the provision of protective clothing and equipment, risk assessment, risk
management and the provision of relevant training.
24.3 All employees are
required to co-operate with management in the maintenance of a safe and healthy
work environment. Where employees have undertaken relevant training, they shall
apply their training in the workplace.
25. Educational
Initiatives
The parties agree that, during the term of this award, they
will work co-operatively to develop and implement agreed strategies aimed at
improving the productivity of the College.
26. Industrial Rights
26.1 An accredited
Teachers Federation representative at the College shall, upon notification
thereof to the Director, be recognised as an accredited Teachers Federation
representative.
26.2 An accredited
Teachers Federation representative shall be allowed the necessary time during
working hours to interview the employer or his/her representative on matters
affecting employees.
26.3 An accredited
Teachers Federation representative shall be allowed a reasonable period of time
during working hours to interview a duly accredited Teachers Federation
official.
GENERAL SECTION
1. Dispute Resolution
Procedures
1. Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
1.1.1 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.
1.1.2 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.
1.1.3 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.
1.1.4 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.
1.2 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
2. No Further Claims
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:
2.1 The parties may
make claims with respect to matters prescribed in clause 6 of this section of
the Award - Further Employee Related Reform Measures and Cost Savings, and may
seek to have those matters arbitrated by the Industrial Relations Commission.
3.
Anti-Discrimination
3.1 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.
3.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed under clause 1 of this section of the Award, the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this Award are not directly or indirectly discriminatory in their
effects. It shall be consistent with the fulfilment of these obligations for
the parties to make application to vary any provision of the Award which, by
its terms or operation, has a direct or indirect discriminatory effect.
3.3 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.
3.4 Nothing in this
clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 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
3.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
3.5 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.
4. 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 resolution procedures 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.
5. Area, Incidence
and Duration
5.1 This Award
covers all teachers and related employees in TAFE and employees of
Bradfield College and the Childrens
Centres. This Award does not cover educational staff employed at the TAFE NSW -
Riverina Institute National Aerospace Training Centre of Excellence (NATCOE)
based at the RAAF base Wagga Wagga.
5.2 This award rescinds and replaces the Crown Employees (Teachers in TAFE
and Related Employees) Salaries and Conditions Award 2009, published 30 October
2009 (369 I.G. 463), the Crown Employees (Teachers in TAFE Children’s Centres)
Salaries and Conditions Award 2005 published 27 March 2009 (367 I.G. 753), and
the Bradfield College (Department of Education and Training) Salaries and
Conditions Award 2006 published 27 March 2009 (367 I.G. 457) and all
variations thereof.
5.3 This Award shall
commence on and from 1 January 2009 and remain in force until 31 December 2011.
6. Further Employee
Related Reform Measures and Cost Savings
6.1 In order to fund
the salary increases provided under this award, including the salary increases
for Bradfield College and the TAFE Children’s Centres, the parties have
committed to the identification and implementation of further employee related
reform measures and cost savings to improve operational efficiency and
competitiveness.
6.2 The parties
agree to consider a range of initiatives, including direct teaching hours of
work of TAFE teachers and time credit hours to fund the salary increases beyond
2.5% each year to the extent not already achieved by the employee related
reform measures and cost savings already agreed and implemented by the parties.
6.3 Should the
parties 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 the employee related cost savings
to fund the salary increases under this award.
7. Employment under
Two Or More Sections of Award
A person may be employed under more than one section of this
award. Unless otherwise specified in
this Award, if a person is employed under more than one section of the award,
employment under each section will constitute separate employment entitling the
employee to separate remuneration and entitlements as prescribed under each
section.
8. Deduction of Union
Membership Fees
8.1 The Federation
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the Federation in accordance with the
Federation’s rules.
8.2 The Federation
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of Federation
fortnightly membership fees payable shall be provided to the employer at least
one month in advance of the variation taking effect.
8.3 Subject to (8.1)
and (8.2) above, the employer shall deduct Federation 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.
8.4 Monies so
deducted from employees’ pay shall be forwarded regularly to the Federation
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees’ union membership accounts.
8.5 Unless other
arrangements are agreed to by the employer and the Federation, all Federation
membership fees shall be deducted on a fortnightly basis.
8.6 Where an
employee has already authorised the deduction of Federation membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation in order
for such deductions to continue.
Schedule 1
Common Incremental
Salary Scale - TAFE
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 - TAFE
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 1.1.2009
|
after 1.1.2010
|
after 1.1.2011
|
|
$
|
$
|
$
|
Increase
|
4.4%
|
3.8%
|
3.8%
|
Teacher nominated as teacher in charge pa
|
3,532
|
3,666
|
3,805
|
Counsellor nominated as counsellor in
|
1,570
|
1,630
|
1,692
|
charge pa
|
|
|
|
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 TAFE section of 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 the TAFE section of 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
|
to commence on or
|
to commence on or
|
|
after 1.1.2009
|
after 1.1.2010
|
after 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 - TAFE
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
TAFE 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 1.1.2009
|
after 1.1.2010
|
after 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
|
|
|
|
|
|
|
Schedule 8 - Early
Childhood Teachers - Salaries
The following minimum annual salaries shall apply with
effect from the beginning of the first pay period commencing on or after the
date specified in each column
Three Year
|
1 January 2009
|
1 January 2010
|
1 January 2011
|
Trained Teachers
|
4.4%
|
3.8%
|
3.8%
|
|
$
|
$
|
$
|
Step 1
|
47,327
|
49,125
|
50,992
|
Step 2
|
49,737
|
51,627
|
53,589
|
Step 3
|
52,338
|
54,327
|
56,391
|
Step 4
|
54,738
|
56,818
|
58,977
|
Step 5
|
57,230
|
59,405
|
61,662
|
Step 6
|
60,000
|
62,280
|
64,647
|
Step 7
|
61,510
|
63,847
|
66,273
|
Step 8
|
63,003
|
65,397
|
67,882
|
Step 9
|
65,514
|
68,004
|
70,588
|
Step 10
|
68,130
|
70,719
|
73,406
|
Step 11
|
69,967
|
72,626
|
75,386
|
Four Year Trained
|
1 January 2009
|
1 January 2010
|
1 January 2011
|
Teachers
|
4.4%
|
3.8%
|
3.8%
|
|
$
|
$
|
$
|
Step 1
|
50,325
|
52,237
|
54,222
|
Step 2
|
53,444
|
55,475
|
57,583
|
Step 3
|
56,448
|
58,593
|
60,820
|
Step 4
|
59,778
|
62,050
|
64,408
|
Step 5
|
62,880
|
65,269
|
67,749
|
Step 6
|
65,514
|
68,004
|
70,588
|
Step 7
|
68,130
|
70,719
|
73,406
|
Step 8
|
71,083
|
73,784
|
76,588
|
Step 9
|
73,925
|
76,734
|
79,650
|
Schedule 9 - Early
Childhood Directors - Allowances
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after the date
specified in each column.
Units
|
1 January 2009
|
1 January 2010
|
1 January 2011
|
|
4.4%
|
3.8%
|
3.8%
|
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
1 to 6 employees
|
8,690
|
9,020
|
9,363
|
7 to 12 employees
|
10,514
|
10,914
|
11,329
|
13 to 16 employees
|
12,800
|
13,286
|
13,791
|
17 or more employees
|
13,898
|
14,426
|
14,974
|
Schedule 10 -
Early Childhood Teacher in Charge - Allowances
The following minimum rates shall apply with effect
from the beginning of the first full pay period commencing on or after the date
specified in each column.
|
1 January 2009
|
1 January 2010
|
1 January 2011
|
|
4.4%
|
3.8%
|
3.8%
|
Units
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
1 to 6 employees
|
4,347
|
4,512
|
4,683
|
7 to 12 employees
|
5,257
|
5,457
|
5,664
|
13 to 16 employees
|
6,400
|
6,643
|
6,895
|
17 or more Employees
|
6,950
|
7,214
|
7,488
|
Schedule 11 -
Bradfield College Annual Salaries
Classification
|
Salary from
|
Salary from
|
Salary from
|
|
the first pay
period to
|
the first pay
period to
|
the first pay
period to
|
|
commence on or
after
|
commence on or
after
|
commence on or
after
|
|
1.1.09
|
1.1.10
|
1.1.11
|
|
$
|
$
|
$
|
Increase
|
4.4 %
|
3.8%
|
3.8%
|
Teacher Level A
|
61,778
|
64,126
|
66,563
|
Teacher Level B
|
66,181
|
68,696
|
71,306
|
Teacher Level C
|
70,217
|
72,885
|
75,655
|
Teacher Level D
|
72,970
|
75,743
|
78,621
|
Teacher Level E
|
78,476
|
81,458
|
84,553
|
Teacher Level F
|
86,899
|
90,201
|
93,629
|
Learning Coordinator
|
97,787
|
101,503
|
105,360
|
Assistant Director
|
107,566
|
111,654
|
115,897
|
Schedule 12 -
Bradfield College Hourly Rates for Casual Teachers, Co-ordinators and
Counsellors
|
Hourly rate as from
the
|
Hourly rate as from
the
|
Hourly rate as
|
|
first pay period
|
first pay period to
|
from the first pay
period
|
|
to commence on or
after
|
commence on or
after
|
to commence on or
after
|
|
|
|
|
|
1.1.09
|
1.1.10
|
1.1.11
|
|
$
|
$
|
$
|
|
2.5%
|
2.5%
|
2.5%
|
Teaching Duties
|
66.48
|
68.14
|
69.84
|
Co-ordination/
|
62.50
|
64.06
|
65.66
|
Consultancy Duties
|
|
|
|
Counsellors
|
53.49
|
54.83
|
56.20
|
Duties Other Than
|
|
|
|
Teaching (DOTT)
|
52.49
|
53.80
|
55.15
|
Schedule 13 -
Bradfield College Team Leader Allowance
|
Rate as from the
first
|
Rate as from the
first
|
Rate as from the
|
|
pay period to
|
pay period to
|
first pay period to
|
|
commence on or
|
commence on or
|
commence on or
|
|
after 1.1.09
|
after 1.1.10
|
after 1.1.11
|
|
$
|
$
|
$
|
Increase
|
4.4%
|
3.8%
|
3.8%
|
Team Leader Allowance
|
|
|
|
per annum
|
3,863
|
4,010
|
4,162
|
Schedule 14 -
Bradfield College 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 Bradfield College.
1.1.3 "Teacher"
means all persons or officers employed in a full time, part time or casual
teaching position at Bradfield College to assist the Director in the work of
the College.
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 the College 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
|
7
|
x
|
1
|
|
|
365
|
|
35
|
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 College year or travel a minimum of 400 kilometres
during the College 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 College 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
|
Rate/Vehicle Engine
Capacity
|
Cents Per Km
|
Schedule
|
|
|
which applies
|
|
|
5
|
Official Business Rate
|
0 - 8,000 km
|
8,001 km or
|
|
|
per 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) Award 2009 published
31 July 2009 (368 I.G. 884) 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.
M.
J. WALTON J , Vice-President
____________________
Printed by
the authority of the Industrial Registrar.