Crown
Employees NSW Adult Migrant English Service (Teachers and Related Employees)
Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(Nos. IRC 1552 and 2338 of
2008)
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Before The Honourable
Justice Walton, Vice-President
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12 August 2009
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Statement
of Intent
3. Dictionary
4. Professional
Responsibilities of Teachers
5. Duties as
Directed
6. Teachers
and Related Employees - Annual Review
7. Performance
Management for Operations Managers
8. Salaries
9. Salary
Packaging
10. Salary
Scale Progression Arrangements
11. Allowances
12. Unpaid
Absences
13. Part-Time
Work
14. Hours
15. Averaging
of Hours
16. Annual
Leave and Weeks of Non-Attendance
17. Sick Leave
18. Family and
Community Service Leave
19. Personal/Carer’s
Leave
20. Adoption,
Maternity and Parental Leave
21. Conditions
of Employment - Casual Teachers
22. Professional
Development
23. AMES Year
24. Transfer
Procedures
25. Anti-Discrimination
26. Dispute
Resolution Procedures
27. Goods and
Services Tax
28. Flexible
Working Arrangements
29. Deduction
of Union Membership Fees
30. No Further
Claims
31. Secure
Employment Test Case - Occupational Health and Safety Obligations
32. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
2. Statement of
Intent
2.1 The purpose of this
award is to provide salaries and conditions of employment for AMES teachers and
related employees that will:
2.1.1 attract and
retain highly skilled employees
2.1.2 acknowledge the
professional status and responsibilities of AMES teachers and related employees
and their commitment to the achievement of excellence in the delivery of
teaching and training programs and related services;
2.1.3 support the
active involvement and participation of AMES teachers and related employees in
the professional growth of the organisation;
2.1.4 take into account
the changes that are taking place in respect of AMES service delivery;
2.1.5 take into account
the specific finding and contractual arrangements that may apply to AMES and
the competitive environment in which it operates.
2.2 Except where
specific provision is otherwise made in this award, the administration of
attendance, leave and absences of AMES teachers and related employees shall be
managed in accordance with the relevant provisions of the Public Sector
Employment and Management Act 2002 and NSW Government Personnel Handbook.
3. Dictionary
3.1 "AMES"
means the New South Wales Adult Migrant English Service.
3.2 "Casual
Teacher" means a person employed to teach a course or courses on an hourly
basis. A "400 hour Casual Teacher" means a casual teacher who has
completed the equivalent of 400 hours teaching service in any teaching year. A
"Less than 400 hour Casual Teacher" means a casual teacher who has
completed less than 400 hours teaching service in any teaching year.
3.3 "Degree
Course" means a university or college of advanced education degree course
approved by the Director.
3.4 "Department"
means the NSW Department of Education and Training.
3.5 "Director"
means the Director Community and Migrant Education.
3.6 "Director-General"
means the Director-General of Education and Training.
3.7 "Educational
Counsellor" means an officer or temporary employee appointed, employed or
seconded as such.
3.8 "Education
Officer" means an officer or a temporary employee appointed, employed or
seconded as such.
3.9 "Equivalent"
when referring to qualifications means qualifications and/or experience deemed
by the Director to be equivalent to specified qualifications.
3.10 "Federation"
means the New South Wales Teachers Federation.
3.11 "Five Year
Trained" in relation to a teacher means a teacher whose teaching
qualifications include a degree with honours of a recognised university which
requires a minimum of four years full-time study, and has in addition,
completed one year’s teacher training at a university or college of advanced
education approved by the Director or has completed such other course or
courses and/or has vocational experience which the Director may, from time to
time, deem to be equivalent.
3.12 "Four Year
Trained" in relation to a teacher means a teacher whose teaching
qualifications include a degree of a recognised university or college which
requires a minimum of three years full-time study, and has in addition,
completed one year's teacher training at a university or college of advanced
education approved by the Director or has completed such other course or
courses and/or has vocational experience which the Director may, from time to
time, deem to be equivalent.
3.13 "Full-time
Temporary Teacher" means a person employed and designated as such under
Section 27 of the Public Sector Employment and Management Act 2002.
3.14 "Graduate"
means a person who has obtained a degree of a recognised university or college
or possesses qualifications deemed by the Director to be equivalent to such a
degree.
3.15 "Officer"
means a person employed in any capacity under Part 2, of the Public Sector
Employment and Management Act 2002, and includes an officer on probation but
does not include a temporary employee.
3.16 "Operations
Manager" means an officer appointed as such.
3.17 "Permanent
Teacher" means an officer appointed as such in the AMES pursuant to the
provisions of the Public Sector Employment and Management Act 2002.
3.18 "Program"
means a learning arrangement or composite of learning arrangements under the
management of Teaching Centre Manager.
3.19 "Region"
means an area designated as such by the Director including one or more venues.
3.20 "Senior
Education Officer" means an officer or a temporary employee appointed,
employed or seconded as such.
3.21 "Teacher"
means an officer, temporary employee or casual employee appointed or employed
as such.
3.22 "Teachers
and related employees" means all officers and temporary employees covered
by this award and includes casual, permanent and full-time temporary teachers,
education officers and senior education officers, co-ordinators of studies,
co-ordinators of course information and admissions and operations managers.
3.23 "Teaching Centre"
means a location designated as such by the Director that may include one or
more teaching venues.
3.24 "Teaching
Centre Manager" means an officer or temporary employee employed or
seconded as such.
3.25 "Teaching
Services Coordinator" means an officer or temporary employee employed or
seconded as such.
3.26 "Temporary
Employee" means a person temporarily employed under Section 27 of the
Public Sector Employment and Management Act 2002.
3.27 "Year of
Service" means full-time employment for a period of 52 weeks or the
equivalent. Future employees shall be deemed to have the incremental status
indicated by the rate of pay at which they are employed.
4. Professional
Responsibilities of Teachers
4.1 In order to
foster and sustain a collaborative professional culture and in keeping with
their professional status and their commitment to the achievement of excellence
in the delivery of teaching and training programs and related services,
teachers shall as part of their professional responsibilities:
(i) maintain and
exhibit the highest standards of conduct;
(ii) ensure that in
the performance of their teaching and associated duties, AMES policies,
standards and practices are observed;
(iii) work collaboratively
with their colleagues in helping to ensure that essential organisational goals
and objectives are met;
(iv) provide peer
support and leadership to less experienced teachers or to teachers experiencing
performance difficulties;
(v) participate in
working groups and staff meetings as required, to develop and enhance
professional knowledge and to improve practices and procedures;
(vi) contribute to
the development of curricula, teaching materials and resources which support
the achievement of excellence in the delivery of teaching and training programs
and related services; and
(vii) participate in
the ongoing moderation of the assessment of student achievements.
5. Duties as Directed
5.1 The Director or
her/his nominee may direct any employee to carry out such duties as are within
the limits of the person's skill, competence and training consistent with the
classifications covered by this award and provided that such duties are not
designed to promote deskilling.
5.2 The Director or
her/his nominee may direct any employee to carry out such duties and use such
tools, materials and equipment as may be required, provided that the officer
has been properly trained in the use of such tools, materials and equipment.
5.3 Any directions
issued by the Director pursuant to this clause shall be consistent with the
Director's responsibility to provide a safe and healthy working environment.
5.4 The Director may
from time to time deploy teachers to duties other than face-to-face teaching
duties in accordance with guidelines designed to increase the efficiency of
AMES. Deployments will be for a predetermined period not exceeding one year.
5.5 Teachers perform
a broad range of duties that include the following activities:
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Direct Teaching
Activities
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Duties Related to
Teaching
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Direct teaching activities include but are not
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Duties related to teaching include but are not
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limited to:
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limited to:
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- face to face teaching in any environment or
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preparation;
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setting, including but not limited to:
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marking;
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classrooms,
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assessment and recording of student learning
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individual learning centres,
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outcomes;
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educational computer rooms,
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support and advice to clients;
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workshops,
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attendance administration;
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industry,
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course development and review;
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in the field;
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training and professional development;
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distance mode and online;
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development of learning materials;
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assessment of new students;
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attendance at staff meetings and moderation
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workplace training and assessment.
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sessions;
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recognition of prior learning;
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referral of new students;
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workplace consultancy and advisory services;
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work placement coordination and supervision.
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5.6 Education
Officers, Senior Education Officers and Operations Managers perform a range of
duties as stated in their Statement of Duties.
6. Teachers and
Related Employees - Annual Review
6.1 To provide
feedback on performance, the Director or nominee will ensure that the
performance of all teachers and related employees, except casual teachers and
their manager or nominee, is appraised by annual review.
6.2 This annual
review shall be supported by:
(i) conferences
between the teacher or related employee and their manager or nominee;
(ii) review of
documentation such as lesson planning, lesson material and student work, plans,
evaluations and reports, as appropriate; and
(iii) for teachers, observations
of educational programs.
6.3 The annual
review for teachers and related employees shall be reported by way of a NSW
AMES Teachers and Related Employees Assessment Review Form.
6.4 Concerns about the
performance and or conduct of teachers and related employees shall be managed
in accordance with the Public Sector Employment and Management Act 2002
as outlined in Part 2.7 of that Act and as detailed in Chapter 9 of the NSW
Government Personnel Handbook.
7. Performance
Management for Operations Managers
7.1 The performance
of operations managers shall be reviewed annually under a performance
management scheme.
7.2 The objectives
of the performance management scheme for operations managers are to:
(i) establish clear
individual performance goals linked to, and consistent with, AMES goals and
priorities and regional plans and objectives;
(ii) identify each
employee's current and medium term development needs and career goals and
develop strategies to support these;
(iii) assist with
the achievement of AMES long term objectives and annual priorities;
(iv) provide for each
employee a valid basis for performance assessment against job-related criteria;
(v) provide
job-related guidance and performance feedback in a continuing way.
7.3 Appropriate
training will support the implementation of the scheme.
7.4 Concerns about
the performance and or conduct of operations managers shall be managed in
accordance with the Public Sector Employment and Management Act 2002 as
outlined in Part 2.7 of that Act and as detailed in Chapter 9 of the NSW
Government Personnel Handbook.
8. Salaries
8.1 The salaries and
other rates that apply to teachers, education officers, senior education
officers and operations managers shall be paid in accordance with this clause
and Tables 1 and 2 of Part B of this award.
9. Salary Packaging
For the purposes of this clause "salary" means the
salary or rates of pay prescribed for the employee's classification by Part B, Table
1 of this award and any allowances paid to an employee which form part of the
employee’s salary for superannuation purposes.
9.1 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.
9.2 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.
9.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
9.3.1 any fringe
benefits tax liability arising from a salary packaging arrangement; and
9.3.2 any
administrative fees.
9.4 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:
9.4.1 Superannuation
Guarantee Contributions;
9.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
9.4.3 payments made in
relation to accrued leave paid on termination of the employee’s employment or
on the death of the employee.
10. Salary Scale
Progression Arrangements
10.1 Permanent
teachers and full-time temporary teachers who meet the admission requirements
as determined by the Director shall commence at a level not less than the first
step on the common salary scale, provided that teachers who are four-year
trained or five-year trained shall commence on the common salary scale at a
level not less than:
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Four-year trained
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2nd salary level
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Five-year trained
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3rd salary level
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10.2 Education
officers who meet the admission requirements as determined by the Director
shall commence at a level not less than the first step on the common salary scale,
provided that graduate education officers - not teacher-trained and graduate
education officers - teacher-trained, shall commence on the common salary scale
at a level not less than:
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Graduate - not teacher-trained
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2nd salary level
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Graduate - teacher-trained
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3rd salary level
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10.3 Employees shall
be entitled to progress after each 12 months of service along the salary steps
of the common salary scale, subject to the employee demonstrating continuing
satisfactory performance in accordance with the Teacher Quality - Annual Review
provisions set out in clause 5.
10.4 Any employee
whose initial employment is approved on or after 1 January 1992, and who does
not satisfy the teacher training requirements as determined by the Director, will
not progress more than two salary steps along the common salary scale.
11. Allowances
11.1 An education
officer who:
11.1.1 has completed 12
months service at the salary prescribed on the maximum of the common salary
scale; and
11.1.2 has demonstrated
to the satisfaction of the Director by the work performed, its quality and the
results achieved, that the aptitude and abilities of the employee warrant
additional payment;
shall be paid an allowance as set out in Item 1 of
Table 2 - Other Rates of Part B, Monetary Rates, and after a further 12 months
an additional allowance as set out in the said Item 1. This allowance shall
count as salary and be paid for all purposes.
11.2 The Teaching
Centre Manager may nominate a teacher to undertake responsibilities associated
with the supervision and administration of smaller teaching venues and/or
smaller evening or weekend teaching programs.
11.3 A teacher
nominated by the Teaching Centre Manager who accepts and undertakes such
responsibilities shall for the period that the responsibilities are undertaken
be paid an allowance as set out in Item 2 of Table 2 - Other Rates, of Part B,
Monetary Rates. This allowance shall not count as salary.
11.4 The Director may
release the nominated teacher from face-to-face teaching duties as necessary to
undertake these responsibilities.
12. Unpaid Absences
12.1 Unpaid absences
in excess of five days per annum shall not be taken into account for the
purposes of calculating length of service except in relation to leave approved
pursuant to subclause 19.2.
13. Part-Time Work
13.1 Any permanent
officer may apply to work part-time at any time, subject to the appropriate
work being available for the position and it is convenient to AMES.
13.2 Arrangements of
between 0.2 and 0.8 equivalent full-time may in general be worked in patterns
mutually convenient to the AMES and the teacher.
13.3 Part-time
teachers shall be required to undertake, on a pro-rata basis, the full range of
duties undertaken by full-time teachers.
13.4 Salary and
conditions for approved part-time work shall attract a pro-rata entitlement of
that associated with full-time permanent or temporary employment.
13.5 "Pro-rata
entitlement" shall be taken to mean a calculation in which the quantum of
hours, leave, pay or other remuneration is determined by multiplying the
quantum applicable to full-time teachers by the appropriate equivalent
full-time (eg 0.2 to 0.8).
13.6 Service shall not
be regarded as having been broken by permanent part-time work.
14. Hours
14.1 The daily span of
working hours for teachers, education officers, senior education officers, and
operations managers is between 6.00 a.m. and 10.00 p.m. on Monday to Saturday inclusive.
Teachers and related employees who are required as part of their program to
work on a Saturday shall, if they so request, be entitled to have two
consecutive days off in the following week.
14.2 Teachers,
education officers and senior education officers may elect to work on a Sunday
or on a Monday to Friday between the hours of 10.00pm and 7.30am but shall not
be directed to do so.
14.3 A teacher may
apply to the Director to exclude Saturday from their ordinary attendance
pattern for a period not exceeding 12 months on compassionate grounds where
there are exceptional and compelling circumstances. Written applications for
such exclusion must contain full and substantiated grounds and supporting
documents, where appropriate.
14.4 The standard hours
of attendance for permanent and full-time temporary teachers shall be 30 hours
per week inclusive of 20 face to face teaching hours per week, except where
such face to face teaching hours are reduced with the approval of the Director
for the purpose of undertaking alternative duties.
14.5 The standard
hours of attendance for education officers, senior education officers and
operations managers shall be 35 hours per week.
14.6 Standard hours of
attendance excludes time taken for meal breaks.
14.7 Ordinary
attendance patterns within the daily span of hours for teachers, education
officers and senior education officers shall be arranged by their manager.
14.8 Teachers shall be
invited to submit their attendance pattern preferences in June and December each
year. In arranging ordinary attendance patterns within the daily span of hours
Teaching Centre Managers shall, to the extent possible and practicable,
accommodate such preferences. Where there are difficulties in accommodating
attendance pattern preferences there will be consultation with the teachers at
the teaching location(s) concerned to enable them collectively or individually
to make recommendations to resolve the difficulties. In the event that the
difficulties are not resolved through consultation with teachers, the Teaching
Centre Manager shall apply the principle of rotation and no teacher shall
unreasonably refuse.
14.9 Teachers and
related employees may be required to work on any five days from Monday to
Saturday as part of their program. However, with the approval of the Teaching
Centre Manager and subject to AMES requirements being met, a teacher's ordinary
attendance pattern may be undertaken across four days and/or day/evening
configuration.
14.10 The hours of
attendance for non-teaching duties may be arranged by teachers in consultation
with the Teaching Centre Manager provided that the requirements of AMES are met
at all times.
14.11 Face-to-face
teaching hours required to be worked by permanent and full-time temporary
teachers as part of their teaching program during the following time bands
shall be paid at time and one-quarter of their ordinary rate:
6.00 am and 7.30 am Monday to Friday.
14.12 Work undertaken by
permanent and full-time temporary teachers as part of their teaching program
during the following time bands shall be paid at time and one-quarter of their
ordinary rate:
6.00 am and 5.30 pm Saturday.
14.13 Work undertaken
by permanent and full-time temporary teachers as part of their teaching program
during the following time bands shall be paid at double time of their ordinary
rate:
5.30 pm Saturday to 6.00 am Monday;
10.00 pm to 6.00 am weekdays;
Midnight Friday to 6.00 am Saturday.
14.14 Face to face
teaching that is undertaken by a full time temporary teacher that is in excess
of their 20 hours of face to face teaching per week shall be paid at time and
one quarter of the teacher’s normal salary rate.
15. Averaging of
Hours
15.1 Notwithstanding
the provisions of subclause 14.4 of clause 14 Hours, the 20 face to face
teaching hours per week may be averaged on a semester or program basis,
provided that the arrangement is known in advance and provided that for the
duration of the averaging period the teacher shall continue to receive her/his
normal fortnightly or weekly pay.
15.2 In scheduling
such hours the Teaching Centre Manager shall to the extent possible and
practicable, accommodate teacher’s attendance preference patterns. Where there
are difficulties in scheduling such hours, the Teaching Centre Manager shall
consult with the teachers at the teaching location(s) concerned to enable them
collectively or individually to make recommendations to resolve the
difficulties. In the event that the difficulties are not resolved through
consultation with teachers, the Teaching Centre Manager shall apply the
principle of rotation and no teacher shall unreasonably refuse.
15.3 The Teaching
Centre Manager shall ensure that the face to face teaching hours in any one
week do not exceed 24 per week.
15.4 If a teacher
leaves the AMES prior to completion of the relevant settlement period an
appropriate credit or debit adjustment to the teacher's payment on termination
shall be made.
15.5 The adjustment shall
reflect the difference between the total of the hours actually worked
(including any period of approved leave in the relevant period) and the total
of the hours that would have been worked in the relevant period but for the
averaging arrangement.
15.6 Where applicable
loadings in accordance with clauses 14.11, 14.12 and 14.13 shall apply to hours
worked as part of an averaging arrangement.
16. Annual Leave and
Weeks of Non-Attendance
16.1 In lieu of the
provisions under the Annual Holidays Act 1944 the following
classifications of employees shall not be required to attend their place of
employment for the number of weeks as set out in the following schedule:
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Classification
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Annual Leave Weeks
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Weeks of Non
Attendance
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and Public Holidays
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Permanent Teacher
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4
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7
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Full-time Temporary Teacher
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4
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7
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Operations Manager
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4
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Nil
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Senior Education Officer
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4
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Nil
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Education Officer
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4
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Nil
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16.2 From the date of commencement
of this award all public holidays, other than Christmas Day, Boxing Day and New
Year’s Day which fall within the annual close down period, shall be included in
the teacher’s non attendance periods with no loss of entitlement to the public
holiday.
16.3 Except where
provision is otherwise made in this award, agreed non-attendance will be deemed
to be in lieu of additional work.
16.4 Permanent
teachers and full-time temporary teachers who are deployed for periods not
exceeding 12 weeks to positions which would otherwise not be in receipt of
equivalent leave and agreed non-attendance will retain their leave and agreed
non-attendance as provided by clause 16.1 hereof.
17. Sick Leave
17.1 Permanent teachers,
full-time temporary teachers, education officers, senior education officers and
operations managers shall be entitled to 15 days sick leave per annum with the
unused component of the annual entitlement being fully cumulative.
17.2 Additional sick
leave in the first two years of service:
17.2.1 The provisions of
this paragraph shall only apply to permanent and full-time temporary teachers.
17.2.2 The maximum grant
of additional sick leave during the first 2 years of service is 15 days.
17.2.3 Additional sick
leave provided by this clause is available at any stage during the teacher's
first two years of service but will only be granted in circumstances where:
(a) there is no
current concern regarding the teacher's use of sick leave;
(b) all sick leave
entitlements have been exhausted.
18. Family and
Community Service Leave
18.1 The Director
shall, in the case of emergencies or in personal or domestic circumstances,
grant to an employee some or all of the available family and community service
leave on full pay.
18.2 Such cases may
include, but are not limited to, the following:
18.2.1 compassionate
grounds, such as the death or illness of a close member of the family or a
member of the staff member's household;
18.2.2 accommodation
matters up to one day, such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
18.2.3 emergency or
weather conditions such as when flood, fire or snow, etc. threaten and/or
prevent an employee from reporting for duty;
18.2.4 other personal
circumstances, such as citizenship ceremonies, parent/teacher interviews or
attending a child's school for other reasons.
18.3 Attendance at court
by an employee to answer a charge for a criminal offence, if the Director
considers the granting of family and community service leave to be appropriate
in a particular case.
18.4 Employees who are
selected to represent Australia or the State as competitors in major amateur
sport (other than Olympic or Commonwealth Games).
18.5 Employees who
hold office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absences during normal working hours.
18.6 The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to an employee shall be the greater of the leave
provided in subparagraph 18.6.1 and 18.6.2:
18.6.1 two and a half
working days in the employee's first year of service and, on completion of the
employee's first year of service, five working days in any period of two years;
18.6.2 after the
completion of two years' continuous service, the available family and community
service leave is determined by allowing one day's leave for each completed year
of service, less the total amount of short leave or family and community
service leave previously granted to the employee.
18.7 If the available
family and community service leave is exhausted as a result of natural
disasters, the Director shall consider applications for additional family and
community service leave, if some other emergency arises.
18.8 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with sub clause 19.1 of clause 19
Personal/Carer's Leave, shall be granted when paid family and community service
leave has been exhausted.
18.9 On the death of a
person defined in subparagraph 19.1.3 (b) of clause 19 Personal/Carer's Leave,
additional paid family and community service leave of up to two days may be
granted on a discrete, per occasion basis to an employee.
18.9.1 The employee must
notify the Director as soon as practicable of the intention to take bereavement
leave and will, if required by the Director, provide to the satisfaction of the
Director proof of death.
18.9.2 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.
18.9.3 Bereavement leave
may be taken in conjunction with other leave available under paragraphs 19.2,
19.3, 19.4 and 19.5. In determining such a request, the Director will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the AMES.
19. Personal/Carer's
Leave
19.1 Use of Sick Leave
for the purpose of providing care and support to a member of a class of person
set out in sub paragraph 19.1.3 (b), who is ill.
19.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person set
out in sub paragraph 19.1.3 (b) below, who needs the employee's care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for in clause 17 Sick Leave,
for absences to provide care and support for such persons when they are ill.
Such leave may be taken for part of a single day.
19.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
19.1.3 The entitlement to
use sick leave in accordance with this paragraph is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person concerned
being:
(1) a spouse of the
employee; or
(2) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(3) a child or an
adult child (including an adopted child, a stepchild, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide basis; or
(5) a relative of
the employee who is a member of the same household where, for the purposes of
this section:
(i) "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
An employee, shall wherever practicable, give the
Director notice, prior to the absence of the intention to take leave, the name
of the person requiring care and that person's relationship to the employee,
the reasons for taking such leave and the estimated length of absence. If it is
not practicable for the employee to give notice of absence, the employee shall
notify the Director by telephone of such absence at the first opportunity on
the day of absence.
19.2 Use of unpaid
Leave for Family Purpose - An employee may elect, with the consent of the
Director, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in sub paragraph 19.1.3 (b) above, who is
ill.
19.3 Use of Annual
Leave for the purpose of providing care and support to a member of a class of
person set out in sub paragraph 19.1.3 (b) above, who is ill.
19.3.1 An employee may
elect, with the consent of the Director, subject to the Annual Holidays Act 1944,
to take annual leave not exceeding ten days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties.
19.3.2 Access to annual
leave, as prescribed in subparagraph 19.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
19.3.3 An employee may
elect with the Director’s agreement to take annual leave at any time within a period of 24 months from the date at
which it falls due.
19.4 Use of Time Off
in Lieu of Payment for Overtime for the purpose of providing care and support
to a member of a class of person set out in sub paragraph 19.1.3 (b) above, who
is ill.
19.4.1 An employee may
elect, with the consent of the Director, to take time off in lieu of payment
for overtime at a time or times agreed with the Director within twelve (12)
months of the said election.
19.4.2 Overtime taken as
time off during ordinary time hours shall be taken at ordinary time rate, that
is an hour for each hour worked.
19.4.3 If, having elected
to take time as leave in accordance with subparagraph 19.4.1 above, the leave
is not taken for whatever reason, payment for time accrued at overtime rates
shall be made at the expiry of the twelve month period or on termination.
19.4.4 Where no election
is made in accordance with subparagraph 19.4.1 above, the employee shall be
paid overtime rates in accordance with the award.
19.5 Make-up Time - An
employee may elect, with the consent of the Director, to work 'make-up time'
under which the employee takes time off ordinary hours for the purpose of
providing care and support to a member of a class of person set out in sub
paragraph 19.1.3 (b) above, who is ill, and works those hours at a later time,
during the spread of ordinary hours provided in the award, at the ordinary rate
of pay.
20. Adoption,
Maternity and Parental Leave
20.1 Adoption,
maternity and parental leave conditions of employees under this Award shall be
regulated in accordance with the provisions contained within the Public
Sector Employment and Management Act 2002 and Regulation and will be in
addition to those set out in the Industrial Relations Act 1996 (NSW) and
Regulation.
20.2 On and from 1
January 2006 AMES teachers and related employees shall be entitled to adoption,
maternity and parental leave in accordance with the relevant provisions of the
Crown Employees (Public Service Conditions of Employment) Award 2002 published
10 March 2006 (357 I.G. 1108) as varied, or its successor.
20.3 Right to Request
20.3.1 An employee
entitled to adoption, maternity and parental leave may request the Director to
allow the employee:
(i) to extend the period
of simultaneous unpaid parental leave use up to a maximum of eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
20.3.2 The Director shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Director’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
20.3.3 The employee’s
request and the Director’s decision made under 20.3.1 (ii) and 20.3.1 (iii)
must be recorded in writing.
20.3.4 Where an employee
wishes to make a request under 20.3.1(iii), such a request must be made as soon
as possible but no less than seven weeks prior to the date upon which the
employee is due to return to work from parental leave.
20.4 Communication
During Adoption, Maternity and Parental Leave
20.4.1 Where an employee
is on parental leave and a definite decision has been made to introduce a
significant change at the workplace, the Director shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave.
20.4.2 The employee shall
take reasonable steps to inform the Director about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
20.4.3 The employee shall
also notify the Director of changes of address or other contact details which might
affect the Director’s capacity to comply with 20.4.1.
21. Conditions of
Employment - Casual Teachers
21.1 Annual Leave
No casual teacher shall receive annual leave, as a
component for leave is included in the hourly rates.
21.2 Leave Loading
Casual teachers are not entitled to receive a leave
loading.
21.3 Sick Leave
21.3.1 As at the date of
the recommendation made by the Industrial Relations Commission on 8 May 2009
related to IRC Matter Number 2338 of 2009, casual teachers are not entitled to
receive sick leave.
21.3.2 Notwithstanding,
21.3.1 a casual teacher who, prior to 8 May 2009 had an unused sick leave
accrual, shall be entitled to access this accrual. Once a casual teacher exhausts their existing unused sick leave
accrual no further paid sick leave will be granted.
21.4 Family and
Community Services Leave
21.4.1 There is no
entitlement to family and community services leave prior to completing 400
hours of paid duty in any teaching year. On completing 400 hours of paid duty
in any teaching year, a casual teacher is eligible to apply for family and
community services leave for extraordinary and pressing absences on rostered
working days.
21.4.2 Within a teaching
year, entitlement will accrue as follows:
|
400 - 531hours of duty
|
6 hours leave
|
|
532 - 799 hours of duty
|
8 hours leave
|
|
800 + hours of duty
|
12 hours of leave
|
21.4.3 Unused credit
shall not carry over from one year to another.
Service shall not carry over from one year to the next, for the purposes
of determining entitlement.
21.5 Special Leave
21.5.1 There is no
entitlement to special leave prior to completing 400 hours of paid duty in any
teaching year. On completing 400 hours of paid duty in a teaching year, a
casual teacher is eligible to apply for special leave for absences of the
nature of those listed below and which occur on rostered working days:
(a) interpreting in
court;
(b) examination in a
course of study;
(c) graduation;
(d) State
emergencies;
(e) jury service;
(f) blood donation
(if not possible in own time); and
(g) any other reason
which in the opinion of the Director warrants the grant of special leave.
21.5.2 Service shall not
carry over from one year to the next, for the purposes of determining
entitlement.
21.6 Parental Leave
21.6.1 Employees will be
entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section
54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996,
if they meet the definition of a regular casual employee (see section 53 (2) of
the Industrial Relations Act 1996). The following provisions shall also
apply in addition to those set out in the Industrial Relations Act 1996
(NSW).
21.6.2 The Director must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee’s spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of the Director in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
21.7 Leave Without Pay
- Casual teachers are not granted leave without pay.
21.8 Study Leave -
Casual teachers are not granted leave for study.
21.9 Personal Carers
Leave
21.9.1 Casual teachers are
entitled to not be available to attend work, or to leave work if they need to
care for a family member described in clause 19.1.3 (b) of the award who is
sick and requires care and support, or who requires care due to an unexpected
emergency, or the birth of a child. This entitlement is subject to the
evidentiary requirements set out in 21.9.4(a), and the notice requirements set
out in 21.9.4(b).
21.9.2 The Director 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.
21.9.3 The Director 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 Director to engage
or not to engage a casual teacher are otherwise
not affected.
21.9.4 The casual teacher
shall, if required,
(a) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(b) establish by
production of documentation acceptable to the Director or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the casual teacher.
In normal circumstances, a casual teacher must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
21.9.5 The casual teacher
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the Director of their inability to
attend for duty. If it is not reasonably practicable to inform the Director
during the ordinary hours of the first day or shift of such absence, the casual
teacher will inform the Director within 24 hours of the absence.
21.10 Bereavement
entitlements for casual teachers
21.10.1 Casual
teachers are entitled to not be available to attend work, or to leave work upon
the death in Australia of a family member described in clause 19.1.3 (b) of the
award on production of satisfactory evidence (if required by the Director).
21.10.2 The
Director 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.
21.10.3 The
Director 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
Director to engage or not engage a casual teacher are otherwise not affected.
21.10.4 The
casual teacher must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the Director of their
inability to attend for duty. If it is not reasonably practicable to inform the
Director during the ordinary hours of the first day or shift of such absence,
the casual teacher will inform the Director within 24 hours of the absence.
21.11 Non-engagement on
Attendance - Where a casual teacher reports for duty in a particular engagement
on any day on the basis of a request by an authorised officer and is then
advised that her/his services are not required, then the casual teacher shall
be entitled to payment for that engagement at the appropriate rate.
21.12 Payment
21.12.1 A casual
teacher shall attend and be paid only for face-to-face teaching in one or more
engagements.
21.12.2 Casual
teachers who perform duty after 5.30 pm or on a weekend shall be paid at the
hourly rate of pay appropriate to their classification and year of service.
21.13 Incremental
Progression - a casual teacher on completing a year of service, irrespective of
breaks in that service, shall be entitled to progress to the next incremental
step on the common salary scale.
22. Professional
Development
22.1 AMES and the
Federation confirm a commitment to training and development for all teachers
and related employees. Teachers and related employees recognise the importance
of maintaining and updating their skills. AMES recognises its obligations to
provide teachers and related employees with opportunities to maintain and
update their skills.
22.2 It is the aim of
AMES and the Federation that the teachers and related employees of AMES shall
be provided with opportunities for training and development so that they will
continue to form a highly skilled, competent and committed workforce,
experiencing job satisfaction and providing the highest quality service.
22.3 In order to
develop their skills and to meet the aims and objectives of AMES, teachers and
related employees may be provided with the opportunity to move between tasks
and functions consistent with their classifications and positions. Such
opportunities shall be identified in consultation with teachers and related
employees having regard to the professional and career development needs of
individuals, target groups, efficient organisation of work and personal
considerations.
22.4 AMES will
facilitate the professional development, skills enhancement and career
development opportunities of employees and improve effectiveness through a
range of activities.
23. Ames Year
23.1 The AMES Year
means a period of 50 weeks, excluding the two-week period surrounding
Christmas/New Year, during which educational programs may be conducted.
23.2 Within the 50
weeks of operation, courses will be scheduled to maximise use of existing
accommodation and facilitate access for students.
23.3 In each preceding
year, Teaching Centre Managers will provide program managers with a plan of
courses appropriate to the region for the next academic year.
23.4 Subject to Clause
23.5, from the date of commencement of this award, annual leave accrued by
teachers during the year must be cleared by 1 February of the following
year.
23.5 In exceptional
circumstances a teacher may be granted permission by the Director to accrue a limited
amount of annual leave to meet the exigencies of the particular situation. Any
such application must be in writing to the Director and set out the nature of
the exceptional circumstances relied upon.
23.6 Teachers who
elected to accrue annual leave prior to or in 2009 shall be entitled to take
such accrued leave, but may only do so in course blocks or in configurations
arranged on an agreed basis between the teacher and the operations manager,
taking into account of the need to minimise disruption to educational
programs.
23.7 No teacher may be
directed to teach beyond eleven consecutive weeks without taking a course break
of at least one week.
24. Transfer
Procedures
24.l Requested
Transfers
24.1.1 This procedure
provides for transfer of a permanent teacher at the request of the teacher.
24.1.2 A permanent
teacher may apply at any time in writing to transfer from one teaching centre
to another.
24.1.3 A register of
transfer applications will be maintained for each teaching centre. The register
will be published annually and a copy forwarded to each teaching centre.
24.1.4 Transfer
applications will be ranked according to date of receipt. Where two or more requests are received on
the same date priority in ranking will be determined on the basis of the
closest recorded home address to the vacancy to be filled.
24.1.5 Transfers of
eligible teachers will take place once each year on a nominated transfer date
prior to the nominal first course date in each year.
24.1.6 To be eligible for
transfer a teacher must at the date of transfer be on duty or on a form of
approved leave.
24.1.7 A teacher who is
offered a transfer for which that teacher has applied shall be removed from all
transfer registers.
24.1.8 Requested
Transfers will be published in the Staff Bulletin.
24.2 Operational
Transfers
24.2.1 Operational
transfers may be directed by the Director at any time in order to meet AMES
operational requirements.
24.2.2 Except in cases where
there are special fitness requirements, for example, a requirement for
bilingual teaching, when it is necessary to effect an operational transfer the
Director shall first offer the transfer in accordance with the transfer
register. If the transfer is not accepted, or if there are no applications for
transfer, the Director shall offer the transfer to all teachers in the teaching
centre from which the transfer is to be made. If the transfer is not accepted,
or if there are two or more applications for transfer, the Director shall
nominate for transfer the teacher with the closest recorded home address to the
vacancy to be filled.
24.2.3 In cases where
there is a special fitness requirement the Director shall firstly offer the
transfer to all teachers who meet the special fitness requirement. If the
transfer is not accepted or if two or more applications to transfer are
received, the Director shall nominate for transfer the teacher who meets the
special fitness requirement with the closest recorded home address to the
vacancy to be filled.
24.2.4 A teacher
nominated for operational transfer shall be given a minimum of two weeks notice
before they are required to transfer.
24.2.5 A teacher may
apply to the Director to be excluded from operational transfer on compassionate
grounds for up to twelve months where there are exceptional and compelling
circumstances. Applications for exclusion from operational transfer must
contain full and substantiated grounds and supporting documents, where
appropriate.
24.2.6 Operational
transfers shall be considered temporary until the nominated transfer date in
each year, at which time the transfers shall be offered in accordance with the
procedures set out in subclause 24.1. If a transfer that is offered in
accordance with subclause 24.1 is not accepted, the operational transfer will
be confirmed and will cease to be considered temporary.
25.
Anti-Discrimination
25.1 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.
25.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
25.3 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.
25.4 Nothing in this
clause is to be taken to affect:
25.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
25.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
25.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
25.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
26. Dispute
Resolution Procedures
26.1 Subject to the provisions
of the Industrial Relations Act 1996, the following procedures shall
apply:
26.1.1 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.
26.1.2 The supervisor
shall discuss the matter with the employee and/or the Federation’s
representative within two working days with a view to resolving the matter or
by negotiating an agreed method and time frame for proceeding.
26.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute, or in
relation to matters where it is inappropriate, or should the matter be of a
nature which involves multiple workplaces, then the employee and or the
Federation may raise the matter with the Director or the Director’s nominee
with a view to resolving the dispute, or by negotiating an agreed method and
time frame for proceeding.
26.1.4 Where the
procedures in paragraph 26.1.3 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.
26.2 Should the above
procedures not lead to a resolution then either party may make application to
the Industrial Relations Commission of New South Wales.
26.3 While the dispute
resolution procedure is being followed, the status quo will remain. The status
quo is the situation which prevailed before the cause of the dispute.
26.4 Where the subject
of the dispute involves the Director or the Director's nominee, the matter may
be referred to the Deputy Director-General, Workforce Management and Systems
Improvement /Director-General as appropriate.
27. Goods and
Services Tax
27.1 The parties shall
monitor the overall impact of the Commonwealth Government’s goods and services
tax through the term of the award. In the event that the Industrial Relations
Commission makes a State decision (as defined by section 49 of the Industrial
Relations Act 1996) having regard to the impact on wages of the goods and
services tax, the Federation reserves the right to make application to the
Industrial Relations Commission in relation to that decision.
28. Flexible Working
Arrangements
28.1 Subject to the
operating needs of AMES, where possible, employees should be assisted to deal
with family responsibilities through flexible leave and working arrangements in
accordance with current Government policy.
29. Deduction of
Union Membership Fees
29.1 The union shall provide
the employer with a schedule setting out union fortnightly membership fees
payable by members of the union in accordance with the union's rules.
29.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
29.3 Subject to 29.1
and 29.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
29.4 Monies so
deducted from employees’ pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
29.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
29.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
30. No Further Claims
30.1 Subject to clause
30.2 and except as provided by the Industrial Relations Act 1996, there
shall be no further salaries or conditions claims by the parties prior to 31
December 2010, in relation to matters expressly contained in this award.
30.2 Clause 30.1 does
not prevent the parties making claims after 1 July 2010, for changes in
salaries and conditions to take effect after 31 December 2010 or seeking to
have the Industrial Relations Commission conciliate or arbitrate such claims
prior to 31 December 2010.
31. Secure Employment
Test Case - Occupational Health and Safety Obligations
31.1 For the purposes
of this clause, the following definitions shall apply:
31.1.1 A "labour
hire business" is a businesses (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
31.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
31.2 If the employer
engages a labour hire business and/or a contract business to perform work wholly
or partially on the employer’s premises, the employer shall do the following
(either directly, or through the agency of the labour hire or contract
business):
31.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
31.2.2 provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely.
31.2.3 provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
31.2.4 ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
31.3 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.
31.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
31.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
32. Area, Incidence
and Duration
32.1 This award shall
apply to all teachers and related employees employed within the NSW Adult
Migrant English Service.
32.2 This Award has
been reviewed in accordance with section 19 of the Industrial Relations Act 1996.
32.3 This award
rescinds and replaces the Crown Employees NSW Adult Migrant English Service
(Teachers and Related Employees) Award published 19 May 2006 (359 I.G. 169) and
all variations thereof.
32.3 This award
commences on 16 July 2009 and will remain in force until 31 December 2010. The salaries and other rates listed in Part
B are payable with respect to service from the first pay period commencing
after 1 January 2009.
PART B
MONETARY RATES
Table 1 - Salaries
|
|
From the first pay
|
From the first pay
|
|
|
|
period to commence
|
period to commence
|
|
|
|
on or after
1.1.2009
|
on or after
1.1.2010
|
|
|
|
$
|
$
|
|
|
Salary Scale for Permanent Teachers, Full Time temporary
Teachers and Education Officers
|
|
Increase
|
4.4%
|
3.8%
|
|
|
1st Salary Level
|
49,765
|
51,656
|
|
|
2nd Salary Level
|
52,427
|
54,419
|
|
|
3rd Salary Level
|
55,085
|
57,178
|
|
|
4th Salary Level
|
57,743
|
59,937
|
|
|
5th Salary Level
|
60,782
|
63,092
|
|
|
6th Salary Level
|
63,443
|
65,854
|
|
|
7th Salary Level
|
66,099
|
68,611
|
|
|
8th Salary Level
|
68,759
|
71,372
|
|
|
9th Salary Level
|
71,990
|
74,726
|
|
|
10th Salary Level
|
78,374
|
81,352
|
|
|
Salary Scale for Senior Education Officers
|
|
Increase
|
4.4%
|
3.8%
|
|
|
Senior Education Officer
|
|
Class II
|
105,510
|
109,519
|
|
|
Senior Education Officer
|
|
Class I
|
|
|
|
|
Year 1
|
89,923
|
93,340
|
|
|
Year 2
|
93,637
|
97,195
|
|
|
Year 3
|
97,354
|
101,053
|
|
|
Salary Scale for Operations Managers
|
|
|
|
|
|
|
Operations Manager
|
128,312
|
133,188
|
|
|
Casual Teachers
|
|
Increase
|
4.4%
|
3.8%
|
|
|
1st Salary Level
|
61.28
|
63.61
|
|
|
2nd Salary Level
|
64.56
|
67.01
|
|
|
3rd Salary Level
|
67.84
|
70.42
|
|
|
4th Salary Level
|
71.12
|
73.82
|
|
|
5th Salary Level
|
74.87
|
77.72
|
|
Table 2 - Other
Rates
|
Item
|
Clause
|
Brief Description
|
4.4%
|
3.8%
|
|
No.
|
No.
|
|
From the first
|
From the first
|
|
|
|
|
Pay period to
|
pay period to
|
|
|
|
|
commence on or
|
commence on or
|
|
|
|
|
after 1.1.2009
|
after 1.1.2010
|
|
|
|
|
$
|
$
|
|
1
|
11
|
Education Officer
|
3,400
|
3,529
|
|
|
|
after 12 months on
|
|
|
|
|
|
the maximum of the
|
|
|
|
|
|
common salary scale
|
|
|
|
|
|
after a further 12
|
3,400
|
3,529
|
|
|
|
months on the
|
|
|
|
|
|
maximum of the
|
|
|
|
|
|
common salary scale
|
|
|
|
2
|
11.3
|
Teacher nominated
|
6,021
|
6,250
|
|
|
|
to undertake
|
|
|
|
|
|
additional
|
|
|
|
|
|
responsibilities
|
|
|
M.
J. WALTON J , Vice-President
____________________
Printed by the
authority of the Industrial Registrar.