TEACHERS (CATHOLIC INDEPENDENT SCHOOLS) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC6079 of 1999)
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Before The Honourable
Justice Schmidt
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9 April 2001
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REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
(a) Teacher
(b) Full-time
Teacher
(c) Part-time
Teacher
(d) Casual
Teacher
(e) Temporary
Teacher
(f) Graduate
(g) Equivalent
Qualification or Equivalent Course
(h) Recognised
School
(i) Recognised
Higher Education Institution
(j) Degree
(k) Diploma
(l) Teacher
Not Otherwise Classified
(m) Two Years
Trained Teacher
(n) Three
Years Trained Teacher
(o) Four Years
Trained Teacher
(p) Five Years
Trained Teacher
(q) Conditionally
Classified Two Years or Three Years Trained Teacher
(r) Conditionally
Classified Four Years Trained Teacher
(s) Teacher/Librarian
- Class A
(t) Teacher/Librarian
- Class B
(u) Senior
Teacher - Level 1
(v) Primary
Department
(w) Secondary
Department
(x) Assistant
Principal
(y) Positions
of Special Responsibility: Coordinator 1, 2 and 3 Senior Teacher 2 and Special
Projects Officer
(z) Category
UG2 Level
(aa) Category
PG1 Level
(bb) Union
(cc) Employer
(dd) Employing
Authority
3. Salary Scales
3.1 Salaries
Payable
3.2 Special
Education Teachers Allowances
3.3 Calculation
of Service
3.4 Progression
(Completion of Qualifications)
3.5 Senior
Teacher - Level 1 and Progression for Two and Three Years Trained Teachers
3.6 Payment of
Salary
3.7 Payment of
Part-time, Temporary and Casual Teachers
3.8 Travelling
Expenses
3.9 Payment
for Supervision of Student Teachers
3.10 Overpayments
3.11 Annual
Remuneration
4. Payment on Termination, Adjustment of Salary for Teachers
who Commence Employment after the School Service Date, Teachers who take
Approved Leave Without Pay and Teachers whose Hours Vary during the Course of a
Year.
4.1 In Lieu of
the Annual Holidays Act 1944
4.2 Application
4.3 Calculation
of Payment
4.4 Termination
of Employment
4.5 Teachers
who Commence Employment after the Commencement of the School Year
4.6 Teachers
who take Approved Leave Without Pay
4.7 Teachers
whose Hours have Varied
5. Annual Holiday Loading
6. Promotion Positions
6.1 Allowances
6.2 Acting
Appointments
6.3 Appointment
on Merit
6.4 Minimum
Number of Positions
6.5 Promotion
Positions - Primary and Secondary
Departments
7. Miscellaneous
7.1 Normal
Duties
7.2 Lunch
Break
7A. Teacher Librarians
8. Union Representatives
8.1 Posting of
Notices
8.2 Interview
with Employer
8.3 Holding of
Meetings
9. Sick Leave
9.1 Entitlement
9.2 Accumulation
9.3 Transition
9.4 Evidence
of Sickness
9.5 Portability
10. Catholic Personal/Carer’s Leave
11. Maternity Leave and Allowance
12. Long Service Leave
12.1 Applicability
of Long Service Leave Act 1955
12.2 Quantum of
Leave
12.3 Calculation
of Entitlement
12.4 Conditions
of Taking Leave
12.5 Public
Holidays/Pupil Vacations
12.6 Service
Continuous/Leave Without Pay
12.7 Payment in
Lieu of Long Service Leave
12.8 Long
Service Leave and Leave Without Pay
12.9 Long
Service Leave in Short Blocks
13. Renewal
14. Other Leave
14.1 Paternity
Leave
14.2 Adoption
Leave
14.3 Bereavement
Leave
14.4 Military
Reserve Leave
14.5 Examination
Study Leave
15. Terms of Engagement
15.1 Letter of
Appointment
15.2 Termination
- Notice
15.3 Termination
-Summary Dismissal
15.4 Statement
of Service
15.5 Casual
Teachers - Service
15.6 Duties
16. Teacher Skill Development
16.1 Induction
16.2 Teacher
Portfolios
16.3 Applicability
- Not as a Grievance Procedure
16.4 Induction
after Period of Absence
17. Suspension
18. Disputes Procedure
19. Occupational Superannuation (Contribution by Employer)
20. Anti-Discrimination
21. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1A - Annual Salary
Table 1B (i) - Annual Salary
Table 1 B (ii) - Annual
Salary
Table 1C - Annual Salary
Table 1D - Annual Salary
Table 2A - Coordinator and
Assistant Principal Allowances
Table 2B (i) - Coordinator
and Assistant Principal Allowances
Table 2B (ii) - Coordinator
and Assistant Principal Allowances
Table 2C - Coordinator and
Assistant Principal Allowances
Table 2D (i) - Coordinator
and Assistant Principal Allowances
Table 2D (ii) - Allowances
for Coordinators and Salary for
Assistant Principals at
Oakhill College, Castle Hill and Our Lady
of Lebanon, Harris Park
Table 3 - Other Rates
Annexure A - Teacher
Librarians
Annexure B - Portability of
Sick Leave
Annexure C
Schedule A - Awards and
Variations Incorporated
Schedule B - Changes made on
Review
2. Definitions
For the purpose of this award:
(a) "Teacher"
means a person employed as such to assist the Principal in the work of the
school.
(b) "Full‑Time
Teacher" means any teacher other than a casual, part‑time, or temporary
teacher.
(c) "Part‑Time
Teacher" means a teacher who is engaged to work regularly, but for less
than a full school week and not more than 0.8 of the normal hours which a full‑time
teacher at the school is required to teach.
(d) "Casual
Teacher" means a teacher engaged as such by an employer.
(e) "Temporary
Teacher" means a teacher employed to work full‑time or part‑time
for a specified period which is not more than a full school year, but not less
than four school weeks.
Provided that a teacher may be employed for a specific period
in excess of a full school year but not more than two full school years where
such a teacher is employed on a specific programme not funded by the employer
or is replacing a teacher who is on leave for a specified period in excess of a
full school year or is replacing a teacher on secondment to another position.
The parties recognise that a temporary teacher may be appointed to a series of
other temporary positions either within the school or at another school of the
employer immediately following the cessation of a prior temporary appointment.
The employer, the union and the teacher may agree to extend
the temporary period of appointment beyond two years if the employer, the union
and the teacher concerned agree. The union shall not withhold its consent
unreasonably.
(f) "Graduate"
means a teacher who holds a degree from a recognised higher education
institution.
(g) "Equivalent
Qualifications or Equivalent Course" means qualification or a course, as
the case may be, which the employer and employee agree as being equivalent to
the qualification or course prescribed by the clause in question in this award
or which the Industrial Relations Commission of New South Wales determines as
being so equivalent.
(h) "Recognised
School" means a school registered under the provisions of the Education Reform Act 1990 or any
registered special school within the meaning of that Act, or school for the
disabled.
(i) "Recognised
Higher Education Institution" means an Australian university recognised by
the relevant Australian tertiary education authority from time to time or a
former College of Advanced Education recognised by the Tertiary Education
Commission.
(j) "Degree"
means a course of study at a recognised higher education institution of at
least three years’ full‑time duration or its part‑time equivalent.
(k) "Diploma"
means a course of study at a recognised higher education institution of at
least one year's full‑time duration or its part‑time equivalent.
(l) "Teacher
Not Otherwise Classified" means:
(i) a teacher who
has satisfactorily completed the two years’ In‑Service course for
Secondary Teachers at the Guild Teachers' College or who has satisfactorily
completed the William Balmain Teachers College course for Supervisors of the
mentally handicapped or who has satisfactorily completed a course of training
in teacher education of one year’s duration at a recognised higher education
institution or has acquired other equivalent qualifications; or
(ii) a teacher who
is not Two, Three, Four or Five Years Trained or Conditionally Classified Two,
Three, or Four Years Trained.
(m) "Two Years
Trained Teacher" means:
(i) a teacher who
has satisfactorily completed a two years’ full‑time course in teacher
education at a recognised higher education institution; or
(ii) a teacher who
is a Two Years Conditionally Classified Teacher who in addition to the
qualifications necessary for Two Years Conditionally Classified status, has
satisfactorily completed a two semester course of training for
teacher-librarians conducted by a recognised higher education institution; or
(iii) a teacher who
has acquired other equivalent qualifications.
(n) "Three
Years Trained Teacher" means:
(i) a teacher who
has satisfactorily completed a three years’ full‑time course in teacher
education at a recognised higher education institution; or
(ii) a Two Years
Trained Teacher who, in addition, has satisfactorily completed the two-semester
course of training for teacher-librarians conducted by a recognised higher
education institution; or
(iii) a teacher who
is a Three Years Conditionally Classified Teacher, who in addition to the
qualifications necessary to gain a Three Years Conditionally Classified status,
has satisfactorily completed a two-semester course of training for
teacher-librarians conducted by a recognised higher education institution; or
(iv) a teacher who,
in addition to satisfying the requirements for classification as a Two Years
Trained Teacher, has satisfactorily completed a course of study at a category
UG2 level; or
(v) a person
employed as a teacher-librarian who is eligible for Associate (Professional)
Membership of the Library Association of Australia, but who is not a graduate;
or
(vi) a teacher who
has acquired other equivalent qualifications.
(o) "Four
Years Trained Teacher" means:
(i) a teacher who
is a graduate in Education (four years course); or
(ii) a teacher who
is a graduate who holds a Diploma in Education from a recognised higher
education institution; or
(iii) a teacher who
is a graduate who has satisfactorily completed at least a one-year, full‑time
course in teacher education at a recognised higher education institution, or
who has acquired other equivalent qualifications; or
(iv) a teacher who
has satisfactorily completed a four-year training course at Sydney Teachers'
College and the New South Wales Conservatorium of Music; or
(v) a teacher who
has satisfactorily completed a four-year diploma of Art Course that
incorporates the equivalent of a one-year, full‑time course in teacher
education at a recognised higher education institution; or
(vi) a teacher who
is a Three Years Trained Teacher other than a teacher to whom paragraph (ii) of
subclause (n) of this clause applies who, in addition to the qualifications
necessary for Three Years Trained status, has satisfactorily completed a
two-semester course of training for teacher-librarians conducted by a
recognised higher education institution; or
(vii) a teacher or
librarian who, in addition to being a graduate, has completed a two semester
course of training for teacher-librarians conducted by a recognised higher
education institution; or
(viii) a teacher or
librarian who, in addition to being a graduate, is eligible for Associate
(Professional) Membership of the Library Association of Australia; or
(ix) a teacher who,
in addition to satisfying the requirements for classification as a Three Years
Trained Teacher, has satisfactorily completed a course of study at category PG1
level defined herein; or
(x) a teacher who has
satisfactorily completed a Masters of Teaching degree being, a four-year,
full-time course of study from a recognised higher education institution; or
(xi) a teacher who
has acquired other equivalent qualifications.
(p) "Five
Years Trained Teacher" means:
(i) a teacher who
has obtained a degree from a recognised University or a recognised higher
education institution which requires a minimum of four years’ full-time study
and who has, in addition, either satisfactorily completed at least a one-year full-time
course in teacher education or Diploma in Education at a recognised higher
education institution.
(ii) a teacher who
is a graduate and who, in addition:
(a) obtains by
study a Masters Degree or Doctorate from a recognised higher education
institution; and
(b) either
satisfactorily completes at least a one year full-time course in teacher
education or Diploma in Education at a recognised higher education institution.
(iii) A teacher who
has obtained other equivalent qualifications.
(q) "Conditionally
Classified Two Years or Three Years Trained Teacher" means a teacher who
has undertaken a two years or a three years course, as the case may be, at a
New South Wales Department of Education higher education institution or other
equivalent course and who has satisfactorily completed at least three-quarters
of the course requirements, or who has acquired other equivalent
qualifications; provided that a teacher who has satisfactorily completed a
three years’ in‑service course at the Guild Teachers' College shall be
classified as a Three Years Conditionally Classified Teacher.
(r) "Conditionally
Classified Four Years Trained Teacher" means a teacher who is a graduate
other than a graduate to whom subclause (o) of this clause applies.
(s) "Teacher/librarian
- Class A" see Annexure A - Teacher-Librarian.
(t) "Teacher/librarian
- Class B " see the said Annexure A.
(u) " Senior
Teacher - Level 1 " means a Four Years or Five Years Trained teacher who
has completed at least 12 months’ full‑time service or its part‑time
equivalent on Step 13 and who has been awarded the classification by an
employing authority.
(v) "Primary
Department" means that section or division of a school which provides a
primary education (including infants) and includes a school which provides a
primary education only.
(w) "Secondary
Department" means that section or division of a school which is not a
primary department and includes a school which provides a secondary education
only.
(x) "Assistant
Principal" means a teacher appointed as such in a primary or secondary
department, who assists the Principal in his/her responsibility for the conduct
and organisation of the school.
(y) Positions of
Special Responsibility:
(i) "Co‑ordinator
l" means a teacher appointed as such with duties as determined by the
employer or as set out in the relevant employer enterprise agreement.
(ii) "Co‑ordinator
2" means a teacher appointed as such with duties as determined by the
employer or as set out in the relevant employer enterprise agreement.
(iii) "Co-ordinator
3" means a teacher appointed as such with duties as determined by the
employer or as set out in the relevant employer enterprise agreement.
(iv) "Senior
Teacher 2" means a teacher who is a Senior Teacher, and is appointed as
Senior Teacher 2 with duties as determined by the employer or as set out in the
relevant enterprise agreement.
(z) "Category
UG2 Level" means a course of study leading to a category UG2 Diploma Award
as described in Statement No. 1, Nomenclature and Guidelines for Awards in
Advanced Education, August 1972 (as amended), issued by the Australian Council
on Awards in Advanced Education, and recognised by the said Council for
inclusion in the National Register of Awards in Advanced Education.
(aa) "Category
PG1 Level" means a course of study leading to a category PG1 Graduate
Diploma (at the 19.1 or 19.2 level) as described in Statement No. 1,
Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as
amended) and recognised by the said Council for inclusion in the National
Register of Awards in Advanced Education.
(bb) "Union"
means the New South Wales Independent Education Union.
(cc) "Employer"
means an employer covered by this award pursuant to subclause 21.1 of Clause
21, Area, Incidence and Duration.
(dd) "Employing
Authority" means an employer bound by either this award, the Teachers
(Archdiocese of Sydney and Dioceses Broken Bay and Parramatta) (State) Award
published 6 April 2001 (323 I.G. 698), the Teachers (Country and Regional
Dioceses) (State) Award published 6 April 2001 (323 I.G. 734) or the Teachers
(Independent Schools) (State) Award published 20 March 1998 (303 I.G. 1104) or
any award or agreement replacing such awards.
3. Salary Scales
3.1
(a) The minimum
annual rate of salary payable to full-time teachers in schools shall be in
accordance with the relevant table of Part B - Monetary Rates as set out below;
provided that, with respect to, Marian College, Goulburn; Mt Erin High School,
Wagga Wagga; St John’s College, Lismore; St Mary’s College, Gunnedah; and
Trinity Catholic College, Lismore, Table 1D - Annual Salary and Table 2D(i) -
Co-ordinator and Assistant Principal Allowances, will only be effective from I
July 1998.
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Employer
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Relevant Table of Part B - Monetary Rates
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List A
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Bridigine College, St Ives
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Table 1A - Annual Salary
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St Clare’s College, Waverley
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Table 2A - Co-ordinator and Assistant Principal
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Allowances
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List B
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Our Lady of Mercy College, Parramatta
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Table 1B(i) - Annual Salary
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Table 2B(i) - Co-ordinator and Assistant Principal
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Allowances
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Santa Sabina College Limited
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Table 1B(ii) - Annual Salary
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Table 2B(ii) - Co-ordinator and Assistant Principal
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Allowances
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List C
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(Schools operated by the Trustees of the
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Table 1C - Annual Salary
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Christian Brothers)
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Table 2C - Co-ordinator and Assistant
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Christian Brothers High School, Lewisham
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Principal
Allowances
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Edmund Rice College, Wollongong
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St Dominic’s College, Penrith
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St Edmund’s School, Wahroonga
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St Edwards College, East Gosford
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St Gabriel’s School for Hearing Impaired
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Children
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St Patrick’s College, Strathfield
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St Pius X College, Chatswood
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Waverley College, Waverley
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List D
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Aurora College, Moss Vale
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Table 1D - Annual Salary
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Boys’ Town, Engadine
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Table 2D(i) - Co-ordinator and Assistant
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Marian College, Goulburn
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Principal
Allowances
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Mater Dei, Camden
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Table 2D(ii) - Co-ordinator Allowances and
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Mt Erin High School, Wagga Wagga
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Assistant Principal
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Mt St Benedict High School, Pennant Hills
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Salaries (Oakhill College and Our Lady
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Mount St Joseph, Milperra Ltd
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of Lebanon)
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Oakhill College, Castle Hill
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Our Lady of Lebanon College, Harris Park
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Red Bend Catholic College, Forbes
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St Augustine’s College, Brookvale
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St Charbel’s College, Punchbowl
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St Gregory’s Armenian College, Rouse Hill
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St Gregory’s College, Campbelltown
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St John of God, Kendall Grange
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St Joseph’s College, Hunters Hill
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St Lucy’s School for Blind and Visually
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Handicapped Children, Wahroonga
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St Maroun’s School, Dulwich Hill
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St Mary’s College, Gunnedah
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St Patrick’s College, Campbelltown
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St Scholastica’s College, Glebe
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Trinity Catholic College, Lismore
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Any employer covered by this award and not included in the
above table shall be deemed to be
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Included in List D.
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(b) Four and Five
Years Trained Teachers -
(i) A Four Years
Trained Teacher shall commence on Step 5 of the scale and progress according to
normal years of service to Step 13 of the scale.
(ii) A Five Years
Trained Teacher shall commence on Step 6 of the scale and progress according to
normal years of service to Step 13 of the scale.
(iii) A Four Years
Trained Teacher upon satisfying the requirements for classification as a Five
Years Trained Teacher shall have his or her incremental position advanced one
year with retention of normal incremental date and shall thereafter progress
according to normal years of service.
(c) Two Years
Trained Teachers -
(i) A Two Years
Trained Teacher shall commence on Step 2 of the scale and progress according to
normal years of service to Step 9 of the scale.
(ii) A Two Years
Trained Teacher who, by further study, satisfactorily completes the equivalent
of one year of full‑time study of a degree course, shall be deemed a
Three Years Trained Teacher and shall be paid an additional increment with
retention of normal incremental date and shall thereafter progress in
accordance with normal years of service to Step 9 of the scale.
(iii) A Two Years
Trained Teacher who has completed at least three years on Step 9 of the scale
and who has completed 120 hours of professional development outside of school
hours and pupil free days over a period of five years prior to the teacher's
application for progression, may apply for progression to Step 10 and
thereafter progress to Step 13 after completion of two years' service on each
of Step 10, Step 11 and Step 12 of the scale. The progression may be awarded by
an employing authority in accordance with the provisions of subclause 3.5 of
this clause.
(iv) Such
professional development, if it is to be considered for the purposes of
subparagraph (iii) of this paragraph, must be deemed relevant to the Two Years
Trained Teacher's employment by the employer.
(v) From 1 January
1999 a Two Years Trained Teacher shall progress in accordance with normal years
of service to Step 13 of the scale subject to satisfying the requirements of
(iii) above. This subparagraph shall not apply to Brigidine College, St Ives;
Mt St Benedict High School, Pennant Hills; Our Lady of Mercy College,
Parramatta; St Clare’s College, Waverley; St Gregory’s College, Campbelltown,
Santa Sabina College Limited, Christian Brothers High School, Lewisham; Edmund
Rice College, Wollongong; St Dominic’s College, Penrith; St Edward’s College,
East Gosford; St Edmund’s School, Wahroonga.; St Gabriel’s School for Hearing
Impaired Children, Castle Hill; St Patrick’s College, Strathfield, St Pius X,
Chatswood or Waverley College, Waverley.
(d) Three Years
Trained Teachers -
(i) A Three Years
Trained Teacher shall commence on Step 3 of the scale and shall progress
according to normal years of service to Step 9 of the scale;
(ii) A Three Years
Trained Teacher shall include a teacher deemed as such immediately prior to 17
August 1990;
(iii) A Three Years
Trained Teacher on Steps 3 to 8, who by further study completes the equivalent
of one year of full‑time study of a degree course, shall have his or her
salary advanced one increment with retention of normal incremental date and
shall thereafter progress in accordance with normal years of service to Step 9
of the scale.
(iv) A Three Years
Trained Teacher who has completed at least 12 months on Step 9 of the salary
scale may apply for progression to Step 10 and thereafter progress to Step 13
after completion of two years’ service on each of Steps 10, 11 and 12 of the
scale. The progression may be awarded by an employer in accordance with the
provisions of subclause 3.5 of this clause.
(v) From 1 January
1999 a Three Years Trained Teacher shall progress in accordance with normal
years of service to Step 13 of the scale. Provided that a teacher who has at 1
January 1999 more than one year’s full-time service on step 9, 10, 11 or 12
shall progress immediately to the next step.
Provided further, for the purpose of salary progression only, the
teacher’s anniversary date shall there after be deemed to be 1 January.
This subparagraph shall not apply to Brigidine College,
St Ives; Mt St Benedict High School, Pennant Hills; Our Lady of Mercy College,
Parramatta; St Clare’s College, Waverley; St Gregory’s College, Campbelltown;
Santa Sabina College Limited, Christian Brothers High School, Lewisham; Edmund
Rice College, Wollongong; St Dominic’s College, Penrith; St Edward’s College,
East Gosford; St Edmund’s School, Wahroonga; St Gabriel’s School for Hearing
Impaired Children, Castle Hill; St Patrick’s College, Strathfield, St Pius X,
Chatswood or Waverley College, Waverley.
(e) Teacher Not
Otherwise Classified - A Teacher Not Otherwise Classified shall commence on
Step 1 of the scale and progress according to normal years of service to Step 6
of the scale.
(f) Conditionally
Classified Two Years Trained Teacher -A conditionally Classified Two Years
Trained Teacher shall commence on Step 2 of the scale and progress according to
normal years of service to Step 6 of the scale; provided that a teacher shall
after 15 years' service progress to Step 7 of the scale and shall thereafter
progress according to normal years of service to Step 9 of the scale.
(g) Conditionally
Classified Three Years Trained Teacher - A Conditionally Classified Three Years
Trained Teacher shall commence on Step 3 of the scale and progress according to
normal years of service to Step 6 of the scale; provided that a teacher shall
after 15 years' service progress to Step 7 of the scale and shall thereafter
progress according to normal years of service to Step 9 of the scale.
(h) Conditionally
Classified Four Years Trained Teacher - A Conditionally Classified Four Years
Trained Teacher shall commence on Step 5 of the scale and progress according to
normal years of service to Step 9 of the scale; provided that a teacher, shall
after fifteen years service, progress to Step 10 of the scale and shall
thereafter progress according to normal years of service to Step 13 of the
scale.
3.2 Special
Education Teacher Allowances -
(a) Teachers
appointed to teach classes of children with a disability shall be paid in
addition to the salaries provided for in subclause 3.1 of this clause an
allowance as set out in Item 1 of Table 3 - Other Rates, of Part B, Monetary
Rates.
(b) A principal
teacher of a school for children with a disability shall be paid, in addition
to the salaries provided in the scales and the allowance provided in (a) above,
a further allowance at the rate as set out in Item 2 of the said Table 3 for
each member of staff being supervised; provided that the maximum payment for
such further allowance shall be as set out in Item 3 of the said Table 3.
3.3 Calculation
of Service -
(a) For the
purpose of this clause, any teacher if required by the employer so to do, shall
upon engagement, establish to the satisfaction of the employer the length of
his or her teaching service in recognised schools or in schools certified or
registered under the appropriate legislation in other States or Territories of
the Commonwealth of Australia, and the period so established shall be taken to
be the length of such service, for the purpose of that employment. For the
purpose of calculating service:
(i) Any
employment as a full-time teacher (including employment as a temporary
full-time teacher), shall be counted as service.
(ii) The amount of
service of a part‑time teacher (including a temporary part-time teacher)
shall be calculated by reference to the ratio which the number of hours taught
by the teacher in any year bears to the normal number of hours taught by a
full-time teacher at the school in the same year.
(iii) Casual
teachers shall be entitled to normal incremental progression for each total of
204 days of service; provided that only service performed in the preceding four
years shall be included in determining incremental progression.
Provided that when calculating service, one year of
service may be deducted for every continuous period of five years' absence from
teaching, except where the teacher was for most of the period of absence wholly
engaged in child‑rearing or engaged in other service recognised in
accordance with paragraph (c) of this subclause.
(b) Absences from
Teaching during Child Rearing - A teacher who, after completing one year of
continuous service, ceases employment and is primarily engaged in child
rearing, shall have such period recognised upon return to teaching on the basis
of one increment for each continuous three years of child rearing to a maximum
of four increments.
Provided that accreditation for child rearing shall
only be granted on the basis that:
(i) Only one
parent will receive the benefit for any particular period of child rearing.
(ii) Full-time
child rearing will be regarded as the time before the child attains six years
of age or is enrolled in full‑time schooling, whichever is the earlier.
(iii) Paid
employment, except as a casual teacher in a New South Wales non-government
school or in limited casual employment elsewhere, will be taken to break the
continuity of full-time child rearing.
For the purpose of calculating the period of child
rearing in this subclause, maternity leave will be included to the extent that
the leave occurs after the birth of the child or where, prior to the birth of
the child the teacher was engaged in child rearing of another of his or her
children, the whole period of maternity leave will be used when calculating the
period of child rearing.
This paragraph shall not apply to Brigidine College, St
Ives; Boys’ Town Engadine; Oakhill College, Castle Hill; St Augustine’s
College, Brookvale; St Gregory’s College Campbelltown; St Lucy’s School for
blind and Visually Handicapped Children, Wahroonga or St Scholastica’s College,
Glebe.
(c) Recognition of
Other Service - Full‑time service in a recognised teaching institution
other than a recognised school or in a field directly related to teaching which
is relevant to the position the teacher is employed in (e.g. employment as a
musician for a music teacher, employment in a trade for industrial arts), on
the basis of one service increment for each year of full‑time employment
up to a maximum of four increments.
Full‑time service in any paid occupation in
commerce, industry or government as deemed directly relevant to employment as a
teacher by the employer on the basis of one increment for each three years of
service to a maximum of four increments.
This paragraph shall not apply to Brigidine College St
Ives; Boys’ Town, Engadine or St Lucy’s School for Blind and Visually
Handicapped Children, Wahroonga.
(d) A teacher
shall not be entitled to more than four increments in total from paragraphs (b)
and (c).
3.4 Progression
(Completion of Qualifications) -
(a) The transfer
to a higher salary step of a teacher who has completed a course of training
which makes the teacher eligible to be so transferred and the further
incremental progression of such teacher on the salary scale shall be effected
in accordance with this subclause.
(b)
(i) A teacher
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that the
teacher has had or will have conferred on him or her the diploma, degree or
equivalent recognition of the completion of the course of training which makes
the teacher eligible to transfer.
(ii) Where an
application is made under subparagraph (i) of this paragraph which establishes
that a teacher is eligible to transfer to a higher salary step, such transfer
shall take effect:
(A) from the
beginning of the first pay period to commence on or after the date the teacher
undertook the last paper in the final examination in the course of training
which creates the eligibility for transfer, or from the beginning of the first
pay period to commence on or after the date of completion of formal course
requirements, whichever is the later;
Provided that the application for transfer is received
by the employer no later than the first school day of the school term following
the completion of such course of training; or
(B) Where
the application for transfer is not received by the employer within the time
specified in (A), from the beginning of the first pay period to commence on or
after the date on which the employer receives such application;
(iii) A teacher who
is transferred to a higher salary step in accordance with this subclause shall,
for the purpose of further incremental progression after such transfer, retain
his or her normal salary incremental date. Provided that if the transfer of the
teacher to the higher salary step coincides with the teacher's normal salary
incremental date, the increment shall be applied prior to the teacher being
transferred to the higher step.
(c) A teacher who
is Two Years Trained, Three Years Trained or Four Years Trained, who completes
a course of training which entitles the teacher to be classified as Three Years
Trained, Four Years Trained or Five Years Trained, as the case may be, shall
progress to the step on the salary scale which shall be determined by the
teacher's years of service on the lower classification and the teacher's new
qualifications and the teacher shall retain his or her normal incremental
salary date.
(d) A teacher who
is Conditionally Classified Two Years Trained, Conditionally Classified Three
Years Trained, Conditionally Classified Four Years Trained or Not Otherwise
Classified and who completes a course of training which entitles the teacher to
be classified to a higher classification, shall progress to the step on the
salary scale which is determined by the teacher's new qualifications and such
step as is closest to the teacher's salary prior to progressing and which shall
result in an increase in the teacher's salary.
3.5 Senior
Teacher - Level 1 And Progression For Two And Three Years Trained Teachers -
(a) A Four or Five
Years Trained teacher who has completed 12 months on Step 13 of the scale may
apply to be classified as a Senior Teacher ‑ Level 1, with salary as set
out in the relevant table of Part B Monetary Rates (as determined by paragraph
(a) of subclause 3.1 of this clause) pursuant to paragraph (b) of this
subclause. A Two Years Trained Teacher who has completed three years on Step 9
of the scale may apply for further progression pursuant to subparagraph (iii)
of paragraph (c) of subclause 3.1 of this clause and paragraph (b) of this
subclause. A Three Years Trained teacher who has completed 12 months on Step 9
of the scale may apply for further progression pursuant to subparagraph (iv) of
paragraph (d) of subclause 3.1 of this clause and paragraph (b) of this
subclause.
(b) A teacher
referred to in paragraph (a) of this subclause who, on application, is assessed
by the employer as a highly skilled and competent teacher in accordance with
the following criteria shall be classified or progress as provided in paragraph
(a) of this subclause:
(i) Tertiary
Study - courses of study undertaken at an approved tertiary institution; or
(ii) In-service -
in-service accredited by the Principal of the school, which is conducted by
Department of School Education, the employer, an employer organisation, a
professional association or other relevant body; and
(iii) Professional
Involvement - participation in a wide range of professional activities at
classroom, school, or community levels as follows:
(A) Work relating
to classroom activities - involvement in curriculum/resource development and
planning; involvement in reflective and adaptive classroom practice; including:
w Knowledge and preparation of syllabus
content;
w Relevance of methodology used;
w Class rapport, tone, discipline and
motivation.
(B) Involvement
beyond the classroom- sharing, learning knowledge and skills with and from
peers; involvement in co-operative planning.
(C) As a member of
the Whole School - effective involvement as a team member; effective
contribution to the life of the school.
A teacher should be assessed as highly skilled and
competent on the basis of the teacher's professional involvement and shall have
participated in a satisfactory level of in‑service or tertiary study.
(c) A Two Years
Trained Teacher or a Three Years Trained Teacher who has been assessed as a
highly skilled and competent teacher pursuant to paragraph (b) of this
subclause and who subsequently completes a course of training which makes the
teacher eligible to be reclassified as Four or Five Years Trained pursuant to
subclause 3.4, Progression (Completion of Qualifications) shall also be
classified as Senior Teacher Level 1 on such reclassification.
(d) By agreement
with the employer, assessment of a teacher in accordance with paragraph (b) of
this subclause shall be by an Assessment Panel. A teacher who is eligible
pursuant to paragraph (a) of this subclause may apply to an Assessment Panel
for reclassification or progression. The Assessment Panel shall comprise the
Principal of the teacher's school (or nominee of the Principal), a nominee of
the employer, and a teacher who is a member of the staff at the school elected
by the staff (pursuant to a procedure agreed between the Union and the employer
or the employer representative).
The Assessment Panel shall make a recommendation to the
employer in accordance with the criteria contained in paragraph (b) of this
subclause. In making its recommendation, the Panel may consider the following:
(i) documentation
supplied by the applicant;
(ii) a report (or
more than one, if appropriate) on the teacher's performance related to the
criteria prepared by the applicant's supervisor (or supervisors, if
appropriate) and provided to the applicant not less than one week prior to the
consideration by the Panel of the application;
(iii) an interview
with the applicant, if the applicant or the Panel so requests;
(iv) knowledge by
the Panel of the teacher's work in the school.
Where an Assessment Panel does not recommend an
application by a teacher for reclassification or progression, it shall state
its reasons to the employer who should indicate to the teacher areas where the
Panel considers improvement is required to meet the criteria.
(e) A
recommendation for classification or progression pursuant to this subclause, if
approved by the employer, shall take effect from the beginning of the first
full pay period after the teacher is eligible for such classification or
progression or from the date of application by the teacher, where such date is
after the date on which the teacher becomes eligible. In the case of a teacher
who becomes eligible during a period of paid leave, such classification or
progression shall take effect from the date of eligibility.
(f) Future of
Senior Teacher 1 - The union has reached agreements with the following
employers only about the position of Senior Teacher 1 after 30 June 1999.
List B Employers:
With respect to Our Lady of Mercy College, Parramatta
and Santa Sabina College Limited a teacher will not be able to apply for
classification as a Senior Teacher 1 after 28 January 2001. The parties will discuss the phase out of
the Senior Teacher 1 classification from 28 January 2001.
List D Employers:
A teacher employed in or by a list D employer (other
than; Mt St Benedict High School, Pennant Hills; St Augustine’s College,
Brookvale; St Gregory’s College Campbelltown or St Scholastica’s College,
Glebe) will not be able to apply for classification of Senior Teacher 1 after 1
January 1999 and the Senior Teacher 1 classification in those schools will be
phased out during the period 1999 -2002.
(Note: List D employers are set out in paragraph (a) of subclause 3.1)
A. Payment of
Salary -
(a) The salary
payable to any teacher, other than a casual teacher pursuant to this clause,
shall be payable fortnightly. The
fortnightly salary shall be ascertained by dividing the annual salary by
365/14, with the answer rounded to two decimal points.
(b) The salary
payable to any teacher, pursuant to this clause, shall be payable at the
election of the employer by either cash, cheque or Electronic Funds Transfer
into an account nominated by the employee.
3.7 Payment of
Part-Time, Temporary and Casual Teachers -
(a)
(i) Subject to
subparagraph (ii) of this paragraph, 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
number of hours which are normal teaching hours bear to the hours which a full-time
teacher at the school is normally required to teach.
(ii) A part-time
teacher-librarian, including a temporary part-time teacher-librarian, shall be
paid at the same rates as a full-time teacher-librarian, with the corresponding
classification, but in that proportion which the number of hours which are the
normal working hours bears to the hours a full-time teacher-librarian at the
school is normally required to work. If there is no full-time teacher-librarian
employed at the school, the proportion shall be based upon the number of hours
which a full-time teacher-librarian at the school would be required to work if
employed.
(iii) No part-time
teacher shall be required to attend school on any day on which he or she is not
required to teach except to attend occasional school activities as reasonably
required. A part-time teacher shall be allocated other duties on a pro-rata
basis.
(b) A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with corresponding classification.
(c) The salary
payable to a casual teacher shall be the appropriate rate specified in
subclause 3.1 of this clause in accordance with years of full-time service,
divided by 204 in the case of a daily payment, 408 in the case of a half‑day
payment, or as calculated in accordance with the formula set out in paragraph
(d) of this subclause; provided that the maximum rates payable shall be as
follows:
|
CLASSIFICATION
|
STEP
|
|
Four Years Trained
|
8
|
|
Three Years Trained
|
6
|
|
Two Years Trained
|
5
|
|
Not Otherwise Classified
|
1
|
|
Conditionally Classified Four Years Trained
|
7
|
|
Conditionally Classified Three Years Trained
|
6
|
|
Conditionally Classified Two Years Trained
|
4
|
The said rate includes the pro‑rata payment in respect
of annual holidays to which the teacher is entitled in accordance with the Annual Holidays Act 1944.
(d) A casual
teacher shall be paid for a minimum of half a day for each single engagement,
provided that where an engagement requires attendance on more than three days,
which days are specified to the teacher prior to the first attendance, payment
shall be calculated in accordance with the following formula:
|
5 x
Annual Salary
x
|
Periods Taught
|
|
204
|
Average number of
periods which
|
|
|
full-time teachers
of the school are
|
|
|
normally required
to teach per 5 day
|
|
|
period.
|
3.8 Travelling
Expenses -
(a) Where the use
of a vehicle is required in connection with employment, other than for journeys
between home and place of employment, the teacher shall be paid an allowance as
set out in Item 4 of Table 3 - Other Rates, of Part B - Monetary Rates.
(b) Travelling and
other out of pocket expenses reasonably incurred by a teacher in the course of
duties required by the employer shall be reimbursed by the employer.
3.9 Payment for
Supervision of Student Teachers - Where supervision of the teaching of a
student teacher is required as a part of duty, the teacher shall receive all
payments made by the Student Teachers' Training Institution for such
supervision.
3.10 Overpayments
- Where excess payments are made in circumstances which were not apparent or
could not reasonably have been expected to be detected by the teacher, the
relevant parties shall seek agreement on the matter of the overpayment,
including where necessary and appropriate, discussion between the union and
relevant employer representatives.
3.11 Annual
Remuneration -
(a) Notwithstanding
subclause 3.1 of this clause, an employer may offer and a teacher may elect to
receive his or her annual remuneration as a combination of salary (payable
fortnightly) and benefits payable by the employer. The sum total of such
salary, benefits, Fringe Benefits Tax and any employer administrative charge
will equal the appropriate salary prescribed in the said subclause 3.1.
(b) The employer
will determine the range of benefits available to the teacher and the teacher
may determine the mix and level of benefits as provided in paragraph (a) of
this subclause.
(c) Any other
payment calculated by reference to the teacher’s salary and payable either:
(i) during
employment; or
(ii) on
termination of employment; or
(iii) on death.
shall be at the rate of pay as set out in Table 1 - Annual
Salary of Part B, Monetary Rates.
4. Payment on
Termination, Adjustment of Salary for Teachers Who Commence Employment After
the School Service Date, Teachers Who
Take Approved Leave Without Pay and Teachers Whose Hours Vary
During the Course of a Year
4.1 This clause
will apply:
(a) in lieu of the
corresponding provisions of the Annual
Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
4.2 Application
- The provisions of this clause shall apply where:
(a) a teacher's
employment ceases;
(b) a teacher
commences employment after the school service date;
(c) where a
teacher takes approved leave without pay; or
(d) where the
hours which a teacher normally teaches at a school have varied since the school
service date ("a teacher whose hours have varied"), and payments
shall be made to such teachers by application of the formula prescribed by
either paragraph (a) or paragraph (b) of subclause 4.3 of this clause, as
appropriate, and, if relevant, by the application of the provisions of
subclauses 4.5, 4.6 and 4.7 of this clause in combination.
4.3 Calculation
of Payments
(a) Payments made
pursuant to this clause to a teacher whose hours have varied shall be
calculated in accordance with the following formula:
Where:
P is the payment
due;
s is the total
salary paid in respect of term weeks, or part thereof, since the anniversary of
employment (or date of employment in circumstances where a teacher has been
employed by the school for less than one year);
b is the number
of term weeks, or part thereof, in the year;
c is the number
of non‑term weeks, or part thereof, in the year;
d is the salary
paid in respect of non‑term weeks, or part thereof, that have occurred
since the anniversary of employment (or date of employment in circumstances
where a teacher has been employed by the school for less than one year).
(b) Payments made
otherwise pursuant to this clause shall be calculated in accordance with the
following formula:
Where:
P is the payment
due;
s is an amount
equivalent to a week's salary (including allowances) of the teacher at the date
of application of the formula;
t is the number
of term weeks, or part thereof, worked by the teacher since the school service
date;
b is the number
of term weeks, or part thereof, in the year;
c is the number
of non‑term weeks, or part thereof, in the year;
d is the number
of non‑term weeks, or part thereof, worked by the teacher since the
school service date.
(c) For the
purposes of this clause:
(i) "School
Service Date" means the usual commencement date of employment at a school
for teachers who are to commence teaching on the first day of the first term.
(ii) "Teacher"
means any teacher other than a casual teacher.
4.4 Termination
of Employment - A teacher shall be entitled on termination of employment to a
payment calculated in accordance with this clause.
4.5 Teachers who
Commence Employment after the Commencement of the School Year - A teacher who
commences employment after the usual date of commencement at a school in any
school year, shall be paid from the date the teacher commences, provided that
at the end of Term IV or final semester in that year, the teacher shall be paid
an amount calculated pursuant to subclause 4.3 of this clause and shall receive
no salary or other payment other than payment under this clause until the
School Service Date or the resumption of Term 1 or first semester in the
following school year.
In each succeeding year of employment, the anniversary of
appointment of the teacher for the purpose of this clause shall be deemed to be
the School Service Date.
4.6 Teachers Who
Take Approved Leave Without Pay - Where a teacher takes leave without pay with
the approval of the employer for a period which (in total) exceeds 20 pupil
days in any year, the teacher shall be paid salary calculated in accordance
with this clause as follows:
(a) If the leave
without pay commences and concludes in the same school year:
(i) subject to
subparagraph (ii) of this paragraph, the payment shall be calculated and made
at the conclusion of Term IV of that school year; and
(ii) if the leave
without pay commences on the day following the last teaching day of a term and
concludes on the day preceding the first teaching day of a term in the same
year a payment shall be calculated and made:
(A) at the commencement
of the leave in respect of that year; and
(B) at the end of
Term IV in accordance with paragraph (c) of this subclause.
(b) If the leave
without pay is to conclude in a school year following the school year in which
the leave commenced:
(i) at the
commencement of the leave, a payment shall be calculated and made in respect of
the school year in which the leave commences; and
(ii) at the end of
Term IV in the school year in which the leave concludes, a payment shall be
calculated and made in respect of that school year.
(c) The payment to
be made to a teacher at the conclusion of Term IV of a school year:
(i) pursuant to
section (B) of subparagraph (ii) of paragraph (a) of this subclause;
(ii) or in
circumstances where, with the agreement of the employer, a teacher who has been
paid pursuant to subparagraph (i) of paragraph (b) of this subclause returns
from leave during the school year in which the leave commenced and not
withstanding that as a result did not in total exceed 20 pupil days, shall be
determined by:
(A) applying the
formula in subclause 4.3 of this clause as if no payment had been made to the
teacher pursuant to section (A) of subparagraph (ii) of paragraph (a) or
subparagraph (i) of paragraph (b) of this subclause; and
(B) deducting from
that amount the amount paid to the teacher pursuant to section (A) of
subparagraph (ii) of paragraph (a) of subparagraph (i) of paragraph (b) of this
subclause.
(d) Notwithstanding
the provisions of paragraph (a) of subclause 4.1 of this clause, a teacher
shall not, pursuant to this clause, be paid an amount in respect of a year of
employment which is less than the amount to which the teacher would otherwise
be entitled under the provisions of the Annual
Holidays Act 1944, in respect of a year of employment.
4.7 Teachers
Whose Hours Have Varied - Where the hours which a teacher normally teaches at a
school have varied since the School Service Date in any school year and the
teacher's employment is to continue in the next school year, the teacher shall
be paid at the conclusion of Term IV or final semester of that year in
accordance with the formula provided in paragraph (a) of subclause 4.3 of this
clause and shall receive no salary or other payment other than payment under
this clause until the School Service Date or the resumption of Term 1 or the
first semester in the following school year.
5. Annual Holiday
Loading
5.1 Subject to
subclause 5.6 of this clause, where a teacher other than a casual teacher, is
given and takes annual holidays commencing at the beginning of the school
summer vacation each year, the teacher shall be paid an Annual Holiday Loading
calculated in accordance with this clause.
5.2 The loading
shall be payable in addition to the pay payable to the teacher for the period
of the school vacation.
5.3 The Loading
shall be calculated:
(a) in relation to
such period of a teacher's annual holiday as is equal to the period of annual
holiday to which the teacher is entitled for the time being under the Annual Holidays Act 1944 at the end of
each year of employment or where relevant.
(b) the period of
annual leave calculated under subclause 5.6 of this clause.
5.4 The loading
shall be the amount payable for the period specified in subclause 5.3 or 5.6 of
this clause at the rate of 17.5 per cent of the weekly equivalent of the
teacher's annual salary.
5.5 For the
purposes of this clause, "salary" shall mean the salary payable to
the teacher at first day of December of the year in which the loading is
payable together with, where applicable, the allowances prescribed by subclause
3.2 of clause 3, Salary Scales and clause 6, Promotions Positions, but not
including any other allowances or amount otherwise payable in addition to
salary.
Provided that where subclause 5.6 of this clause applies,
"salary" shall mean the salary (together with allowances payable as
aforesaid) payable immediately prior to the payment made to the teacher
pursuant to paragraph (b) of subclause 4.3 of clause 4, Payment on Termination,
Adjustment of salary for Teachers who Commence after the School Service Date,
Teachers who take Approved Leave Without Pay and Teachers whose Hours Vary
During the Course of the Year.
5.6 Where a
teacher receives a payment pursuant to paragraph (b) of subclause 4.3 of the
said clause 4, including the case where a teacher's employment is terminated by
the employer during the school year for a reason other than misconduct, the
teacher shall be entitled to be paid for that part of such fraction of the
annual holiday loading he or she would be entitled to for the full school year
as is equal to the fraction which the number of school weeks worked by the
teacher in that year bears to the number of school weeks he or she would be
normally required by the Principal to work in a full school year.
6. Promotion
Positions
6.1 Allowances -
(a) The allowance
for a promotion position shall be in addition to the salary applicable to the
appointee, provided that the Assistant Principal at Oakhill College, Castle
Hill and Our Lady of Lebanon College, Harris Park shall receive the salary only
specified in the relevant table.
(b) The allowance
for Co-ordinator and Assistant Principal positions shall be as set out in Table
2A for List A employers, as set out in tables 2B (i) and 2B (ii) for List B
employers, as set out in Table 2C for List C employers and as set out in Table
2D (i) for List D Employers, provided that in the case of Oakhill College,
Castle Hill and Our Lady of Lebanon College, Harris Park the allowance and
salary shall be set out in Table 2D(ii).
(NOTATION: refer to paragraph (a) of subclause 3.1of
clause 3, salary Scales for the list of employers in each category).
6.2 Acting
Appointments - If an employer appoints a teacher to act in a promotions
position for at least ten consecutive school days, the employer must pay the
teacher the rate of allowance prescribed for that position.
6.3 Appointment
on Merit - All appointments to promotion positions will be made on the basis of
merit and suitability and will normally and appropriately be advertised. Upon
appointment, an employee will be informed of professional expectations and
duties.
6.4 The minimum
number of promotion positions required to be appointed shall be as set out in
the relevant enterprise agreement, provided that where there is a programme of
work in an area of instruction in a secondary department, the hours of which
aggregate more than 54 hours per week averaged over the school year a Co‑ordinator
2 shall be appointed to co‑ordinate such area of instruction unless otherwise
provided in the enterprise agreement.
In determining an area of instruction an employer may
aggregate two or more subjects to comprise an area of instruction provided that
the total hours aggregated do not exceed 108 hours per week averaged over the
school year. Where hours per week
exceed 108 in the area of instruction, this shall attract the equivalent of a
Co‑ordinator 3. There is no requirement to appoint a Co‑ordinator 3
as such; the position may be filled by appointing a Co‑ordinator 2 assisted
by a Co‑ordinator 1.
6.5 Promotions
Positions - Primary and Secondary Departments -
(a) The minimum
number of promotion positions in a Secondary Department shall be determined in
accordance with the following table, unless otherwise provided in the relevant
enterprise agreement:
|
Secondary
|
Managerial
|
Positions
|
|
Enrolments
|
Positions
|
of
|
|
at Previous
|
|
Special
|
|
Year’s
|
|
Responsibility
|
|
Census Date
|
|
|
|
|
|
|
|
1 -
200
|
-
|
1
|
|
201 -
300
|
1
|
2
|
|
301 -
400
|
1
|
3
|
|
401 -
500
|
1
|
4
|
|
501 -
600
|
1
|
6
|
|
601 -
700
|
1
|
7
|
|
701 -
800
|
1
|
11
|
|
801 -
900
|
1
|
11
|
|
901+
|
1
|
12
|
(b) The minimum
number of promotion positions in a Primary Department shall be determined in
accordance with the following table, unless otherwise provided in the relevant
enterprise agreement:-
|
Primary
|
Managerial
|
Positions
|
|
Enrolments
|
Positions
|
of
|
|
at Previous
|
|
Special
|
|
Year’s
|
|
Responsibility
|
|
Census Date
|
|
|
|
|
|
|
|
1 -
100
|
-
|
-
|
|
101 -
200
|
1
|
-
|
|
201 -
250
|
1
|
1
|
|
251 -
300
|
1
|
1
|
|
301 -
400
|
1
|
1
|
|
401 -
500
|
1
|
2
|
|
501 -
600
|
1
|
2
|
|
601 -
700
|
1
|
3
|
|
701 - 800
|
1
|
3
|
|
801+
|
1
|
3
|
Provided that a person need only be appointed to a
Managerial Position in a Primary Department where the school consists only of a
Primary Department or where the Primary Department of the school is at a
different location from the Secondary Department.
7. Miscellaneous
7.1 The nominal
duties of teachers shall include playground duties, sports duties, and usual
extra curricular or co-curricular activities.
In relation to teachers appointed to residential positions, the usual
residential duties and other duties as set out in enterprise agreements of
employers covered by this award.
7.2 A teacher
shall be entitled to a minimum of 30 consecutive minutes as a luncheon break
during which period a teacher shall not be required to hold meetings,
supervise, teach or coach sport, team games, cultural or academic activities.
7a. Teacher
Librarians
For classifications and duties of teacher librarians refer
to Annexure A - Teacher Librarians.
8. Union
Representatives
8.1 The employer
shall permit the union representative in the school to post union notices
relating to the holding of meetings on a common room noticeboard.
8.2 The union
representative shall be permitted in working hours (other than timetabled
teaching time) to interview the employer or the Principal on union business.
Such interview shall take place at a time and place convenient to both parties.
8.3 Meetings of
union members who are employed at the school may be held on the school premises
at times and places reasonably convenient to both union members and the
Principal.
9. Sick Leave
9.1 Entitlement
- Any full‑time, temporary or part‑time teacher shall be entitled
to paid sick leave in respect of any absence on account of illness or injury
and subject to the following conditions and limitations:
(a) Years of
Service Commencing on 20 March 1998 - In respect of each year of service with
an employer, commencing on or after 20 March 1998, the period of sick leave
shall, subject to subclause 9.2 of this clause, not exceed in any year of
service 25 working days on full pay.
(b) Previous
Service - In respect of each year of service with an employer which commenced
before 20 March 1998, sick leave shall be as follows:
(i) During the
first year of service with an employer, the period of sick leave shall not
exceed five days in any term, but any sick leave not taken in any term may be
taken during the remainder of the year, provided that the maximum sick leave
which may be taken during the first year of service shall not exceed 15 days.
Provided further that a temporary teacher shall be
entitled to sick leave in accordance with the provisions of this paragraph, and
in that proportion of 15 days which the period of appointment of the employee
bears to the school year of the school at which he or she is employed.
(ii) after the
first year of service with an employer the sick leave shall subject to
subclause 9.2 not exceed in any year of service 22 working days on full pay,
followed by 22 working days on half pay provided that as of 20 March 1998, the
entitlement of a teacher to days of sick leave on half pay for the current year
of service shall be converted to equivalent days of sick leave on full pay by
dividing the number of days on half pay by two.
(c) A teacher
shall not be entitled to paid sick leave for any period in respect of which
such teacher is entitled to workers’ compensation.
(d) A teacher
shall not be entitled to paid sick leave unless he or she notifies the
Principal of the school (or such other person deputised by the Principal) prior
to the commencement of the first organised activity at the school on any day,
of the nature of the illness and of the estimated duration of the absence;
provided that paid sick leave shall be available if the teacher took all
reasonable steps to notify the Principal or was unable to take such steps.
(e) The sick leave
entitlement of a part‑time teacher shall be in that proportion which the
number of teaching hours of that employee in a full school week bears to the
number of teaching hours which a full‑time employee at the school is
normally required to teach.
(f) The teacher,
if required by the employer, will comply with subclause 9.4 of this clause.
9.2 Accumulation
- Sick leave shall accumulate from year to year as follows:
(a) Years of
Service Commencing on or after 20 March 1998 - For years of service with an
employer commencing on or after 20 March 1998, untaken sick leave in any year
of service with an employer shall be accumulated, provided that a teacher shall
only be entitled to the sick leave accumulated in respect of the six years of
continuous service immediately preceding the current year of service and the
maximum accumulation shall not exceed 150 days on full pay.
(b) Previous
Service - For years of service with an employer commencing before 20 March
1998, sick leave shall accumulate as follows:
(i) Untaken sick
leave in the first year of service shall not be accumulated.
(ii) Untaken sick
leave in the second year of service and thereafter with an employer of up to 20
days on full pay and 20 days on half pay per year shall be accumulated to a
maximum of four years of service, provided that a teacher shall only be
entitled to the sick leave accumulated in respect of the four years of service
immediately preceding the current year of service.
(iii) The maximum
accumulation shall not exceed 80 days on full pay and 80 days on half pay,
provided that as at 20 March 1998 the accumulated days of sick leave of an
employee on half pay shall be converted to equivalent days of sick leave on
full pay by dividing the number of days on half pay by two.
(c) Sick leave
which accrues to a teacher at the commencement of a year of service pursuant to
subclause 9.1 of this clause, shall be taken prior to the taking of any sick
leave which the teacher has accumulated in accordance with this subclause.
9.3 Transition -
The transition from the old scheme to the new scheme of sick leave referred to
in paragraph (a) of subclauses 9.1 and 9.2 of this clause shall occur from the
beginning of the year of service of the teacher with an employer commencing on
or after 20 March 1998, provided that all sick leave on half pay shall be
converted to equivalent sick leave on full pay only as at 20 March 1998.
9.4 Evidence of
Sickness -
(a) In each year,
with the exception of the first two days' absence due to illness, a teacher
shall, upon request, provide a medical certificate addressed to the employer
or, if the employer requires, to a medical practitioner nominated by the
employer.
(b) Where a teacher
has taken frequent single days of sick leave, or taken extended sick leave such
that the employer requires additional information in relation to the teacher's
sickness, then the employer may take action in accordance with this subclause.
(i) The employer
may arrange a meeting in order to clarify the position with the employee. The
employer shall invite the teacher to respond verbally to the issues raised by
the employer. If the teacher is a union member, the teacher may seek union
advice and assistance.
(ii) After
consideration of the teacher's response the employer may
(a) require
further evidence of illness; and/or
(b) request the
teacher to obtain a second opinion from another doctor at the employer's cost;
and/or
(c) request a more
detailed estimation of the likely length of the absence; and/or
(d) require the
teacher to obtain a medical report (at the employer's cost) in relation to the
likely period of absence; and/or
(e) discuss with
the teacher any other action.
(iii) The teacher
may, if a member of the union, request that this matter be discussed at any
stage between the union and the employer.
(iv) Action shall
only be taken pursuant to (b) of this subclause following consultation between
the Principal of the school and the employer
9.5 Portability
-
(a) Subject to
paragraph (f) Exclusions of this subclause, a teacher who was previously
employed with another Catholic Independent School or a Diocese as a full-time,
part-time or temporary teacher, and is employed by a Catholic Independent School
shall be entitled to portability of sick leave in accordance with this
subclause.
(b) Untaken sick
leave which has accumulated in accordance with subclauses 9.2 and 9.3 of this
clause since 3 February 1997 shall be credited to the teacher as their
accumulated sick leave on the commencement of their employment with the
Catholic Independent School.
For a teacher to be eligible for portability of sick
leave under this clause, the teacher must satisfy the following criteria:
(1) The teacher
has commenced employment with the Catholic Independent School within six months
or two terms, whichever is the greater, of the teacher's employment terminating
with the other Catholic Independent School or Diocese.
(2) The former
Catholic Independent School or former Diocese will provide to each teacher on
the teacher's termination of employment, a completed version of the form set
out in Annexure B - Portability of Sick Leave, and the teacher will provide the
original completed form to the new Catholic Independent School within four
school weeks of the commencement of employment.
(c) For the
purposes of this subclause " Catholic Independent School " shall mean
an employer bound by this award and "Diocese" shall mean Archdiocese
of Canberra-Goulburn or Sydney or the Diocese of Armidale, Bathurst, Broken
Bay, Lismore, Maitland-Newcastle, Parramatta, Wagga Wagga,
Wilcannia-Forbes or Wollongong.
(d) Notwithstanding
paragraphs (a) and (b) of this subclause the maximum sick leave portable
pursuant to this subclause shall be 150 days and the sick leave in any one year
pursuant to paragraph (a) of subclause 9.1 shall not exceed 25 days (with one
or more employers).
(e) Exclusions -
The following Catholic Independent schools are excluded from the provisions of
this subclause; Boys’ Town, Engadine; Our Lady of Lebanon College, Harris Park;
St Augustine’s College, Brookvale; St Charbel’s College, Punchbowl; St
Gregory’s Armenian College, Rouse Hill; St John of God, Kendall Grange; St
Joseph’s College, Hunter’s Hill; St Mary’s College Gunnedah; and St Maroun’s
School, Dulwich Hill.
10. Catholic
Personal/Carer’s Leave
10.1 Use of Sick
Leave to Provide Care and Support for a Family Member -
(a) A teacher,
other than a casual teacher, with responsibilities in relation to a family
member set out in subparagraph (ii) of paragraph (c) who needs the teacher’s
care and support, shall be entitled to use, in any year, in accordance with
this subclause, 10 days of current and 30 days accrued sick leave entitlement,
provided for at Clause 9,of the award, 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.
(b) If required,
the teacher shall establish the illness of the person concerned either by
production of a medical certificate, statutory declaration, written statement
or other evidence and that the illness is such as to require care and support
by the teacher. A teacher is not
entitled to family leave under this subclause where another person has taken
leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the teacher
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent,
child, step-child, foster child, adopted child and foster parent of the teacher
or spouse.
10.2 Use of Sick
Leave for a Pressing Domestic Necessity -
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination
Act 1977.
(b) A teacher,
other than a casual teacher, with sick leave credits may apply to utilise such
credits up to 5 of any current or accrued sick leave entitlement days in any
one year of the teacher’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 10.1(c)(ii).
(c) Where a
teacher, other than a casual teacher, is not entitled to utilise sick leave
credits pursuant to paragraph 9.1(a) he or she may access 10 days current and
30 days accrued sick leave for any pressing domestic necessity where the
teacher is responsible for the care or support of a person not referred to in
subparagraph 10.1(c)(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 10.2(b)
is non-cumulative.
(e) If required, a
teacher shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
10.3 Notification
of Intention to Take Leave - In relation to subclauses 10.1 and 10.2, wherever
practicable, a teacher shall give the employer notice prior to the absence of
the intention to take leave. The
teacher shall also provide the name of the person requiring care, that person’s
relationship to the teacher, the nature of any pressing domestic necessity, the
reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to
give prior notice of absence, the teacher shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
10.4 Unpaid Leave
for Family Purpose - With the consent of the employer, a teacher may elect to
take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 10.1(c)(ii) or paragraph 10.2(c) who is ill
11. Maternity Leave
and Allowance
11.1 A teacher who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and is
granted maternity leave for a period of six weeks or longer by the employer in
accordance with these provisions, shall be entitled to a maternity allowance
calculated in accordance with subclause 11.2 of this clause.
11.2 The maternity
allowance in subclause 11.1 shall be equivalent to six weeks' salary at the
rate of salary the teacher would have received on the day the teacher commenced
maternity leave, if the teacher had not commenced maternity leave.
11.3 The teacher
may elect to receive the maternity allowance in subclause 11.2, either in
accordance with the usual employer payment schedule or as a lump sum payment in
advance.
11.4 Where a
teacher applies for a lump sum payment in advance under subclause 11.3 of this
clause, the teacher shall give the employer at least one month's notice of the
intention.
11.5 If a teacher
has received payment of the maternity allowance and subsequently the teacher's
pregnancy results in a miscarriage or a still birth, the teacher shall be
entitled to retain the payment of the maternity allowance paid in accordance
with this clause, so long as the teacher remains on maternity leave for a
period of six weeks or longer.
11.6 The period of
maternity leave will not be service for the purpose of any statutory
entitlement or other entitlement under the award.
11.7 The parties
agree to review the effect of this clause in the event of any legislation by
either the Federal or State Government which provides a maternity allowance or
similar payment, however named, or in the event that the operation of this
clause is found to be discriminatory by an anti-discrimination tribunal.
11.8 A teacher who
received a maternity allowance in accordance with this clause will not be
employed as a casual employee by the employer in the six weeks following the
teacher's confinement.
11.9 Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.
NOTATION:
(i) The employers
are of the view that maternity leave should preferably commence on the day
following the last teaching day of a term and conclude on the day preceding the
first teaching day of a term.
(ii) In order to
facilitate the desirable practice referred to in subparagraph (i) of this
paragraph, the employers are prepared to extend the time of maternity leave
beyond that maximum entitlement prescribed by the Industrial Relations Act 1996 should the employee agree to return
from maternity leave at the commencement of the term immediately following the
maximum period of leave required to be afforded by that Act.
12. Long Service
Leave
12.1 Applicability
of Long Service Leave Act 1955 -
Except in so far as expressly varied by the provisions of this clause, the
provisions of the said Act, shall apply to teachers employed under this award.
12.2 Quantum of
Leave - Subject to subclause 12.3 of this clause the amount of long service
leave to which a teacher shall be entitled shall be:
(a) In the case of
a teacher who has completed at least ten years service with the same employer:
(i) in respect of
ten years service so completed, 13 weeks; and
(ii) in respect of
each additional seven years of service with the employer since the teacher last
became entitled to long service leave, 13.3 weeks; and
(iii) on the
termination of the teacher's employment, in respect of the number of years
service with the employer completed since the teacher last became entitled to
an amount of long service leave, a proportionate amount on the basis of 1.9
weeks for one year's service.
(b) In the case of
a teacher who has completed with an employer five years’ service but less than
ten years, and whose service is terminated or ceases for any reason - a
proportionate amount on the basis of 13 weeks for ten years service.
12.3 Calculation
of Entitlement - In the case of a teacher whose service with an employer began
before 30 January 1995, and whose service would entitle the teacher to long
service leave under this clause, the amount of long service leave to which such
teacher shall be entitled shall be the sum of the following amounts:
(a) the amount
calculated on the basis of the provisions of the Long Service Leave Act 1955 in respect of the period of service
before 1 August 1985; and
(b) an amount
calculated on the basis of the provisions of clause 12, Long Service Leave of
the Teachers (Non-Government Schools) (State) Award* published 12 January 1983
and reprinted 11 July 1984 and further made 20 June 1991, and all variations
there to, in respect of the period from 1 August 1985 to 30 January 1995; and
(c) An amount
calculated on the basis of the provisions of this clause from 30 January 1995.
NOTATION: *This award provided for 10.5 weeks long
service leave for the first ten years of service and then 1.5 weeks for each
completed year of service after ten years qualifying service.
12.4 Conditions of
Taking Leave -
(a) Where a
teacher has become entitled to long service leave in respect of the teacher's
service with an employer, the employer shall give to the teacher and the
teacher shall take the leave as soon as practicable, having regard to the needs
of the employer provided always that unless the employer otherwise agrees, the
teacher shall give not less than two school terms notice of the teacher's wish
to take leave, and further provided that the employer shall give the teacher
not less than two school terms' notice of any requirement that such leave be
taken.
(b) Where long
service leave is taken so that it commences on the first day after a period of
pupil vacation which falls between school terms, and concludes on the last day
prior to a period of pupil vacation which falls between school terms such long
service leave shall be exclusive of the pupil vacation periods occurring prior
to and following the period of long service leave.
(c) Where a
teacher requests and is granted up to one week's leave without pay to be taken
in addition to long service leave such that the total period of leave is in
accordance with paragraph (b) of this subclause, the conditions of that
paragraph shall apply, provided nothing in this paragraph shall affect the
provisions of subclause 4.6 of clause 4, Payment on Termination, Adjustment of
salary for Teacher who Commence Employment after the School Service Date,
Teachers who take Approved Leave Without Pay and Teachers whose Hours Vary
During the Course of a Year.
(d) Subject to
subclause 12.9, where long service leave is not taken in full term periods or
in accordance with paragraph (c) of this subclause it will be inclusive of
pupil vacations.
(e) Where a
teacher is entitled to an amount of long service leave which is in excess of a
school term the teacher may elect not to take that part of the long service
leave which is in excess of a term (the deferred leave), until such time as the
teacher accumulates further entitlements which when taken together with the
deferred leave enables long service leave to be taken for a whole term.
12.5 Subject to
the provisions of this clause, any long service leave shall be inclusive of any
public holidays and other pupil vacation periods falling within the period of
such leave.
12.6 The service
of a teacher with an employer shall be deemed continuous, notwithstanding the
service has been interrupted by reason of the teacher taking maternity leave
(including paid and unpaid leave in accordance with clause 11, Maternity Leave
and Allowance) or other approved leave without pay, but the period during which
the service is so interrupted shall not be taken into account in calculating
the period of service.
12.7 Payment in
Lieu of Long Service Leave -
(a) Where a
teacher takes long service leave for an entire school term, the teacher and the
employer may agree that, in addition to the long service leave, the teacher be
paid an amount in lieu of any additional long service leave accumulated by the
teacher, prior to the commencement of the long service leave.
(b) The maximum
payment in lieu of longer service leave in paragraph (a) of this subclause
which can be made by the employer is a payment equivalent to five weeks’ salary
in lieu of the long service leave.
(c) Any payment in
paragraph (b) of this subclause will be paid by the employer upon the
commencement of the teacher's long service leave.
(d) Where a
payment in lieu of long service leave is paid by the employer in accordance
with this subclause, a teacher's entitlements to long service leave will be
reduced by the extent of such payment.
12.8 Long Service
Leave and Leave Without Pay - Where a teacher takes long service leave for an
entire school term and the teacher wishes to take the following school term as
leave without pay, ordinarily consent to such arrangement will be given by the
employer, with the proviso the teacher has had five years continuous service
with current employer. However such leave without pay will ordinarily be
approved for terms in the same year.
12.9 Long Service
Leave in Short Blocks - The employer may permit teachers to take long service
leave in periods which are not equal to a full term or terms without paragraph
(d) of subclause 12.4 of this clause coming into effect.
13. Renewal Leave
13.1 The parties
to this award recognise that the quality of teacher and student educational
outcomes may be improved by teachers' experiences out of the school
environment, including further education, professional experience, alternative
employment in industry, opportunities to address personal or family demands and
leisure activities.
13.2 The parties
agree to implement a scheme of renewal leave. The parties are to agree on the
terms of entry, continuation and exit from the scheme, including requirements
to take the leave over a full school year and specifying the time frame in
which the leave is to be taken by the teacher.
13.3 The period of
renewal leave will be treated as if it were leave without pay for the purpose
of other entitlements under this award, including incremental progression.
14. Other Leave
14.1 Paternity
Leave - A teacher shall be entitled to one day's leave with pay on the date of
his wife's confinement or on the day on which his wife leaves hospital
following her confinement. See the
Industrial Relations Act 1996 with respect to unpaid leave.
14.2 Adoption
Leave - A teacher shall be entitled to one day's leave with pay for the purpose
of adopting any child. See the Industrial
Relations Act 1996 with respect to unpaid leave.
14.3 Bereavement
Leave -
(a) A teacher
shall, on the death within Australia of a spouse, father, mother, father‑in-law,
mother‑in‑law, grandparent, brother, sister, child, stepchild or
grandchild of the teacher, be entitled to paid leave up to and including the
day of the funeral of such relative. Such leave shall not exceed three school
days. A teacher may be required to provide the employer with satisfactory
evidence of such death.
(b) Where a
teacher takes bereavement leave in accordance with paragraph (a) of this
subclause an employer, in their absolute discretion may grant the teacher
additional leave as leave without pay or leave with pay.
(c) Where a
teacher request leave to attend a funeral of a person not specified in
paragraph (a), the employer in their absolute discretion may grant the teacher
leave as leave without pay or bereavement leave with pay.
(d) Where an
employer grants a teacher leave with pay in accordance with paragraphs (b) or
(c) such leave will be deducted from the teacher's entitlement to sick leave in
accordance with clause 9, Sick Leave.
(e) Bereavement
Leave shall be available to the teacher in respect to the death of a person in
relation to whom the teacher could have utilised Personal/Carer’s Leave in
Clause 10, provided that for the purpose of Bereavement Leave, the teacher need
not have been responsible for the care of the person concerned.
(f) Bereavement
Leave may be taken in conjunction with other leave available under subclause
10.4 of Clause 10, Catholic Personal/Carer’s Leave. In determining such a request the employer will give
consideration to the circumstances of the teacher and the reasonable
operational requirements of the school.
14.4 Military
Reserve Leave - A teacher who is a member of the Australian Military Reserve or
other Australian military forces shall be granted unpaid leave for the purpose
of attending any compulsory camp or posting.
14.5 Examination
Study Leave - Any teacher who, for the purpose of furthering teacher training,
enrols in any course at a recognised higher education institution, shall be
granted leave:
(a) with pay on
the day of any examination required in the course;
(b) without pay
for the purpose of attending any compulsory residential school which is a part
of such course.
15. Terms of
Engagement
15.1 The employer
shall provide a teacher (other than a casual teacher) on appointment with a
letter stating, inter alia, the classification and rate of salary as at
appointment, the normal teaching load that will be required, and an outline of
superannuation benefits available to teachers at the school.
15.2 The
employment of any teacher (other than a casual teacher) shall not be terminated
without at least four school term weeks’ notice on either side, or the payment
of or forfeiture, of four weeks' salary in lieu of notice. Provided that such
four weeks' notice shall expire within the school term during which it is given
and shall expire either:
(a) at the end of
the said school term; or
(b) at least two
weeks before the end of the said school term.
15.3 The foregoing
shall not affect the right of the employer to dismiss summarily any teacher for
incompetence, misrepresentation, neglect of duty or other misconduct.
15.4 Upon the
termination of service of a teacher (other than a casual teacher), the employer
shall provide a statement of service setting out the length of service, the
number of classes and range of subjects taught, the promotions positions held
and any special and/or additional duties performed by such teacher.
15.5 Upon request,
a casual teacher shall be supplied with a statement setting out the number of
days of duty undertaken by the casual teacher during the period of the
engagement, provided such request is made during or on termination of the
casual engagement.
15.6 An employer
may direct a teacher to carry out such duties as are within the limits of the
teacher's skill, competence and/or training.
16. Teacher Skill
Development
16.1 Induction - A
teacher in his or her first year of experience shall participate in an
induction process of one year's duration, provided that in certain
circumstances the teacher and the employer may agree that the teacher should
participate in the induction process for a further year.
The induction process shall be determined by the employer or
the Principal in consultation with the teacher to assist the teacher's
professional development which shall be reviewed regularly throughout the year.
The employer shall provide a written statement to the
teacher, not later than four weeks before the end of the school year, outlining
the teacher's progress and development. Such statement may form part of a
teacher's portfolio pursuant to subclause 16.2 of this clause.
16.2 A teacher may
request and be given from time to time by the employer or the Principal
appropriate documentation as evidence of the teacher's professional development
and experience. These documents may, if the teacher wishes, form a portfolio
which shall remain the property of the teacher.
16.3 Where the
employer considers that a problem exists in relation to the teacher's performance
the employer shall not use any agreed teacher development process in
substitution for, or as alternative to, in whole or in part, procedures which
apply to the handling of such problems.
16.4 A teacher
returning to teaching after an absence of five or more years shall be offered
support through an induction process as provided for in subclause 16.1 of this
clause with appropriate modification and shall be expected to participate as
appropriate
17. Suspension
Notwithstanding any of the provisions in this award, an
employer may suspend a teacher with or without pay while considering any matter
which in the view of the employer could lead to the teacher's summary
dismissal. Suspension without pay shall not be implemented by the employer
without prior discussion with the teacher and shall not, except with the
teacher's consent, exceed a period of four weeks.
18. Disputes
Procedure
The objective of these procedures is the avoidance or
resolution of industrial disputation, arising under this award by measures
based on consultation, co‑operation and negotiation.
18.1 Without
prejudice to the other party, the parties shall ensure the continuation of work
in accordance with this award and custom and practice in the schools of the
employer.
18.2 In the event
of any matter arising which is of concern or interest, the teacher shall
discuss this matter with the Principal or his or her nominee.
18.3 If the matter
is not resolved at this level, the teacher may refer this matter to the union
representative in the workplace, who will discuss the matter with the Principal
or his or her nominee.
18.4 If the matter
remains unresolved, it shall be referred to the General Secretary of the union
or his or her nominee and the nominee of the employer for discussion and
appropriate action. The nominee of the employer may request assistance from the
Catholic Commission for Employment Relation.
18.5 If this
matter cannot be resolved at this level it may be referred to the Industrial
Relations Commission of New South Wales.
18.6 Nothing
contained in this procedure shall prevent the General Secretary of the union or
his or her nominee or the nominee of the employer from entering into
negotiations at any level either at the request of a member or on his or her
own initiative in respect of matters in dispute should such action be
considered conducive to achieving resolution of the dispute.
19. Occupational
Superannuation (Contribution By Employer)
19.1 Definitions -
For the purposes of this clause:
(a) "Basic
earnings" shall mean:
(i) the minimum
annual rate of salary prescribed from time to time for the employee by
subclauses 3.1 and 3.5 of clause 3, Salary Scales; and
(ii) the amount of
any allowance which is prescribed from time to time for the employee by
subclauses 3.2 of the said clause 3 and clause 6, Promotions Positions of this
award; and
(iii) the amount of
any payment made to the employee pursuant to clause 4, Payment on Termination,
Adjustment of salary for Teacher who Commence Employment after the School Service
Date, Teachers who take Approved Leave Without Pay and Teachers whose Hours
Vary During the Course of a Year.
(b) "Employee"
means a teacher to whom this award applies.
(c) "Employer"
means the employer of a teacher to whom this award applies.
(d) "Fund
" means:
(i) the New South
Wales Non-Government Schools Superannuation Fund; and
(ii) any other
superannuation fund approved in accordance with the Commonwealth’s operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee.
(e) "Casual
" means a casual employee as defined in clause 2, Definitions.
19.2 Fund - The
New South Wales Non‑Government Schools Superannuation Fund shall be made
available by each employer to each employee.
19.3 Benefits -
(a) Except as
provided in paragraphs (b), (c), (d) and (f) of this subclause, each employer
shall, in respect of each employee employed by it, pay contributions into a
fund to which the employee is eligible to belong and, if the employee is
eligible to belong to more than one fund, the fund nominated by the employee,
at the rate of three per cent of the employee's basic earnings.
(b) Subject to
paragraph (f) of this subclause, contributions shall be paid at intervals and
in accordance with the procedures and subject to the requirements prescribed by
the relevant fund or as Trustees of the fund may reasonably determine.
(c) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) Contributions
shall commence to be paid from the beginning of the first pay period commencing
on or after the employee's date of engagement.
Provided that if the employee has not applied to join a
fund within six weeks of the employee's date of engagement, the employer shall
commence to pay contributions from the beginning of the next pay period
commencing on or after the date on which the employee applies to join a fund.
(e) The employee
shall advise the employer in writing of the employee's application to join a
fund pursuant to this award.
(f) An employer
shall make contributions pursuant to this award in respect of:
(i) casual
employees who earn in excess of $2,820.00 during their employment with that
employer in the course of any year, running from 1 July to the following 30
June (all such casual employees are hereinafter called "qualified
employees"); and
(ii) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(g) Where an
employer approves a fund, other than the Non‑Government Schools
Superannuation Fund, as one to which the employer will pay contributions in
respect of its employees or a class or classes such employees, the employer
shall notify its employees of such approval and shall, if an employee so
requests, provide the employee with a copy of the Trust Deed of such fund and
of a letter from the Insurance and Superannuation Commissioner, granting
interim or final listing to the fund, at a cost of 80 cents per page of such
copies.
(h) When a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this award within two weeks of the
date of commencement of employment and also of the provisions of paragraph (d)
of this subclause in the case of a full‑time employee and paragraph (f)
of this subclause in the case of a casual employee.
19.4 Transfers
between Funds - If an employee is eligible to belong to more than one fund, the
employee shall be entitled to notify the employer that the employee wishes the
employer to pay contributions in respect of the employee to a new fund but
shall not be entitled to do so within three years after the notification made
by the employee pursuant to paragraph (f) of subclause 19.3 of this clause or
within three years after the last notification made by the employee pursuant to
this clause. The employer shall only be obliged to make such contributions to
the new fund where the employer has been advised in writing:
(a) of the
employee's application to join the other fund; and
(b) that the
employee has notified the trustees of the employee's former fund that the
employee no longer wishes the contributions which are paid on the employee's
behalf to be paid to that fund.
20.
Anti-Discrimination
20.1 It is the
intention of the parties bound by this award to seek to achieve the objective
of 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 and age.
20.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award that parties have obligations to take all reasonable
steps to ensure that he operations 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.
20.3 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.
20.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for anti discrimination legislation:
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination on any State or
federal jurisdiction.
20.5 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.
21. Area, Incidence
and Duration
21.1 This award
shall apply to all teachers and teacher/librarians employed in any recognised
Catholic school or special school registered under the provisions of the Education Reform Act 1990 including the
following:
Aurora College, Moss Vale;
Boy’s Town, Engadine;
Brigidine College, St Ives;
Christian Brothers High School, Lewisham;
Edmund Rice College, Wollongong;
Marian College, Goulburn;
Mater Dei, Camden;
Mt Erin High School, Wagga Wagga;
Mt St Benedict High School, Pennant Hills;
Mt St Joseph High School, Milperra;
Oakhill College, Castle Hill;
Our Lady of
Mercy College, Parramatta;
Our Lady of Lebanon College, Harris Park;
Red Bend Catholic College, Forbes;
Santa Sabina College Limited;
St Augustine’s College, Brookvale;
St Charbel’s College, Punchbowl;
St Clare’s College, Waverley;
St Dominic’s College, Penrith;
St Edmund’s School, Wahroonga;
St Edwards College, East Gosford;
St Gabriel’s School for Hearing Impaired Children,
Castle Hill;
St Gregory’s Armenian College, Rouse Hill;
St Gregory’s College, Campbelltown;
St John of God, Kendall Grange;
St Joseph’s College, Hunters Hill;
St Lucy’s School for the Blind and visually handicapped
Children, Wahroonga;
St Maroun’s, Dulwich Hill;
St Mary’s College, Gunnedah;
St Patrick’s College, Campbelltown;
St Patrick’s College, Strathfield;
St Pius X College, Chatswood;
St Scholastica’s College, Glebe;
Trinity Catholic College, Lismore;
Waverley College, Waverley,
and excluding Catholic schools operated by the Archdiocese
of Canberra-Goulburn or Sydney or the Dioceses of Armidale, Bathurst, Broken
Bay, Lismore, Maitland-Newcastle, Parramatta, Wagga Wagga, Wilcannia-Forbes or
Wollongong and excluding Catholic schools covered by the Teachers (Independent
Schools) (State) Award made on 13 June 1997.
Provided further that the award shall not apply to the
following persons:
(a) teachers of
music or other individual arts who are remunerated on an individual fee basis.
(b) members of a
recognised religious order and/or Clerks in Holy Orders, and/or Ministers of
Religion; provided that application may be made on behalf of any such member to
be included within the scope of this award.
(c) employees
within the jurisdiction of the Independent Schools and Colleges, General
Non-teaching Staff &c. (State) Industrial Committee and the Kindergartens
&c. (State) Industrial Committee.
(d) persons
employed in kindergartens, nursery schools or other pre-school centres licensed
as child care centres under the Children
(Care and Protection) Act 1987.
21.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Teachers (Catholic Independent Schools) (State) Award published 21 August 1998
(306 I.G. 295) and all variations thereof.
21.3 The award
published 21 August 1998 took effect from the first full pay period to commence
on or after 20 March 1998 and the variations thereof are incorporated herein on
the dates set out in the attached Schedule A.
21.4 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Award Review of Awards made by the
Industrial Relations Commission of New South Wales on 18 December 1998 (308
I.G. 307) are set out in attached Schedule B and take effect on 7 March 2001.
21.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1a - Annual Salary
|
Step
|
Annual Salary from
the first full pay period on or after
|
|
|
1 May 2000
|
|
|
$
|
|
1
|
30,254
|
|
2
|
32,217
|
|
3
|
34,363
|
|
4
|
36,144
|
|
5
|
38,107
|
|
6
|
40,073
|
|
7
|
42,033
|
|
8
|
44,000
|
|
9
|
45,961
|
|
10
|
47,926
|
|
11
|
49,890
|
|
12
|
51,854
|
|
13
|
53,817
|
|
Senior Teacher
Level 1
|
|
|
|
55,518
|
This table applies to teachers employed by Brigidine
College, St Ives and St Clare’s College, Waverley.
Table 1B(i) - Annual Salary
|
Step
|
Annual Salary from
the first full pay period on or after
|
|
|
17 July 2000
|
|
|
$
|
|
1
|
30,301
|
|
2
|
32,266
|
|
3
|
34,415
|
|
4
|
36,199
|
|
5
|
38,165
|
|
6
|
40,131
|
|
7
|
42,098
|
|
8
|
44,065
|
|
9
|
46,031
|
|
10
|
47,998
|
|
11
|
49,965
|
|
12
|
51,930
|
|
13
|
53,899
|
|
Senior Teacher
Level 1
|
55,601
|
This table applies to teachers employed by Our Lady of Mercy
College, Parramatta.
Table 1B(ii) - Annual Salary
|
Step
|
Annual Salary from
the first full pay period on or after
|
|
|
3 April 2000
|
|
|
(5%)
|
|
|
$
|
|
1
|
30,256
|
|
2
|
32,220
|
|
3
|
34,368
|
|
4
|
36,147
|
|
5
|
38,111
|
|
6
|
40,074
|
|
7
|
42,038
|
|
8
|
44,003
|
|
9
|
45,964
|
|
10
|
47,928
|
|
11
|
49,894
|
|
12
|
51,857
|
|
13
|
53,822
|
|
Senior Teacher
Level 1
|
55,520
|
This table applies to Teachers employed by Santa Sabina
College Ltd.
Table 1C - Annual Salary
|
Step
|
From 1 January 1999
|
|
|
(3% Increase)
|
|
|
$
|
|
1
|
27,894
|
|
2
|
29,706
|
|
3
|
31,686
|
|
4
|
33,327
|
|
5
|
35,138
|
|
6
|
36,946
|
|
7
|
38,758
|
|
8
|
40,570
|
|
9
|
42,377
|
|
10
|
44,190
|
|
11
|
46,001
|
|
12
|
47,810
|
|
13
|
49,622
|
|
|
|
|
Senior Teacher
Level 1
|
51,189
|
This table applies to teachers employed in schools operated
by the Trustees of the Christian Brothers, that is Christian Brothers High
School, Lewisham; Edmund Rice College, Wollongong; St Dominic’s College,
Penrith; St Edmund’s School, Wahroonga’ St Edward’s College, East Gosford; St
Gabriel’s School for Hearing Impaired Children, Castle Hill; St Patrick’s
College, Goulburn; St Patrick’s College, Strathfield; St Pius X College,
Chatswood, Waverley College, Waverley.
Table 1D - Annual Salary
|
Step
|
From 1 January 1999
|
|
|
(3% increase)
|
|
|
$
|
|
1
|
27,258
|
|
2
|
29,710
|
|
3
|
31,690
|
|
4
|
33,332
|
|
5
|
35,143
|
|
6
|
36,953
|
|
7
|
38,763
|
|
8
|
40,576
|
|
9
|
42,386
|
|
10
|
44,196
|
|
11
|
46,006
|
|
12
|
47,819
|
|
13
|
50,000
|
|
Senior
Teacher - Level 1
|
51,178
|
This table applies to teachers employed by employers in List
D in paragraph (a) of subclause 3.1 of clause 3, Salary Scales - that is all
employers covered by this award excluding Brigidine College, St Ives, St
Clare’s College, Waverley, Our Lady of Mercy College, Parramatta, Santa Sabina
College Ltd, and schools operated by the Trustees of the Christian Brothers.
Table 2A - Co-Ordinator and Assistant Principal Allowances
|
|
Annual Allowance
from the first full pay period on or after
|
|
|
1 May 2000
|
|
|
$
|
|
Senior Teacher Level 2
|
3,077
|
|
Co-ordinator 1
|
3,077
|
|
Co-ordinator 2
|
6,155
|
|
Co-ordinator 3
|
9,230
|
|
Assistant Principal -
Secondary Department
|
|
|
Enrolment at previous
years’ census date
|
|
|
201-300
|
13,592
|
|
301-600
|
15,291
|
|
601-900
|
16,990
|
|
901+
|
18,686
|
|
Assistant Principal -
Primary Department
|
|
|
Enrolment in Primary
department at previous year’s census date
|
|
|
201-250
|
10,432
|
|
251-400
|
11,972
|
|
401-600
|
13,592
|
|
601-800
|
15,291
|
|
801+
|
16,968
|
This table applies to teachers employed by Brigidine
College, St Ives, and St Clare’s College, Waverley.
Table 2B(i)- Co-Ordinator and Assistant Principal Allowances
|
|
Annual Allowance
from the first full pay period on or after
|
|
|
17 July 2000
|
|
|
$
|
|
Senior Teacher Level 2
|
3,091
|
|
Co-ordinator 1
|
3,091
|
|
Co-ordinator 2
|
6,182
|
|
Co-ordinator 3
|
9,274
|
|
Assistant Principal - Secondary department
|
|
|
Enrolment at previous years’ census date
|
|
|
601-900
|
16,982
|
|
901+
|
18,681
|
This table applies to Our Lady of Mercy, Parramatta, only.
Table 2B (ii) - Co-Ordinator and Assistant Principal
Allowances
|
|
5% from
|
|
|
3/4/2000
|
|
|
$
|
|
Senior Teacher 2
|
3,087
|
|
Co-ordinator 1
|
3,087
|
|
Co-ordinator 2
|
6,174
|
|
Co-ordinator 3
|
8,553
|
|
Assistant Principal - Secondary
|
5% from
|
|
Enrolment in a secondary department at previous year’s
census date
|
3/4/2000
|
|
201-300
|
13,569
|
|
301-600
|
15,265
|
|
601-900
|
16,960
|
|
901+
|
18,657
|
|
|
5% from
|
|
|
3/4/2000
|
|
Co-ordinator (Step 9) - Secondary
|
6,174
|
|
Co-ordinator (step 7) - Primary
|
6,174
|
|
Assistant Principal - Primary Enrolment in a Primary
Department
|
5% from
3/4/2000
|
|
at previous year’s census date
|
|
|
101-250
|
10,348
|
|
251-400
|
11,872
|
|
401-600
|
13,568
|
|
601-800
|
15,265
|
|
800+
|
16,960
|
This table applies to teachers employed by Santa Sabina
College Ltd.
Table 2C - Co-Ordinator and Assistant Principal Allowances
|
|
Annual Allowance
from the first full pay period on or
|
|
|
after
|
|
|
1 January 1999
|
|
|
$
|
|
Co-ordinator 1
|
2,812
|
|
Co-ordinator 2
|
5,621
|
|
Co-ordinator 3
|
8,433
|
|
ST2
|
2,812
|
|
The above rates do not
apply to teachers employed by St Edmund’s’ Wahroonga and St Gabriel’s School
|
|
for Hearing Impaired
Children, Castle Hill. Such teachers
shall be paid in accordance with the rates set out
|
|
below:
|
|
Assistant Principal - Secondary department
|
|
|
Enrolment at previous years’ census date
|
|
|
201-300
|
12,534
|
|
301-600
|
14,102
|
|
601-900
|
15,669
|
|
901+
|
17,234
|
|
Assistant Principal - Primary department
|
|
|
Enrolment in Primary department at previous
|
|
|
year’s census date
|
|
|
101-250
|
9,620
|
|
251-400
|
11,041
|
|
401-600
|
12,534
|
|
601-800
|
14,102
|
|
801+
|
15,669
|
This table applies to teachers employed in schools operated
by the Trustees of the Christian Brothers, this is Christian Brothers High
School, Lewisham; Edmund Rice College, Wollongong; St Dominic’s College, Penrith;
St Edwards College, East Gosford; St Edmund’s School, Wahroonga; St Gabriel’s
School for Hearing Impaired Children, Castle Hill; St Patrick’s College,
Goulburn; St Patrick’s College, Strathfield; St Pius X College, Chatswood;
Waverley College, Waverley.
Teachers employed by St Edmund’s’ Wahroonga and St Gabriel’s
School for Hearing Impaired Children, Castle Hill; who shall be paid in
accordance with the rates set out below:
|
|
Annual Allowance
from the first full pay period on or after
|
|
|
1 January 1999
|
|
|
$
|
|
Co-ordinator 1
|
2,797
|
|
Co-ordinator 2
|
5,590
|
|
Co-ordinator 3
|
8,387
|
|
ST2
|
2,797
|
Table 2D (i) - Co-ordinator and Assistant Principal
Allowances
|
|
ANNUAL ALLOWANCE
|
|
|
3% from
|
|
|
1/1/99
|
|
|
$
|
|
Senior Teacher 2
|
2,851
|
|
Special Projects Teacher 1
|
2,851
|
|
Co-ordinator 1
|
2,851
|
|
Co-ordinator 2
|
5,701
|
|
Co-ordinator 3
|
8,553
|
|
Assistant Principal - Secondary
|
3% from
|
|
Enrolment in a secondary department at previous year’s
census date
|
1/1/99
|
|
|
$
|
|
201-300
|
12,534
|
|
301-600
|
14,102
|
|
601-900
|
15,669
|
|
901-1200
|
17,234
|
|
1200+
|
18,802
|
|
Assistant Principal - Primary Enrolment in a Primary
Department at previous
|
|
|
year’s census date
|
|
|
101-250
|
9,620
|
|
251-400
|
11,041
|
|
401-600
|
12,534
|
|
601-800
|
14,102
|
|
800+
|
15,669
|
This table applies to teachers employed by employers (other
than Our Lady of Lebanon, Harris Park and Oakhill College, Castle Hill) in List
D in paragraph (a) of subclause 3.1 of clause 3, Salary Scales - that is, all
employers covered by this award excluding Brigidine College, St Ives; St
Clare’s College, Waverley; OLMC, Parramatta; Santa Sabina College Ltd and
schools operated by the Trustees of the Christian Brothers. Co-ordinators and
Assistant Principals allowances for the teachers employed by Our Lady of
Lebanon and Oakhill College are set out in the following table.
NOTE: With respect to, Marian College, Goulburn; Mt Erin
High School, Wagga Wagga; St John’s College, Lismore; St Mary’s College,
Gunnedah and Trinity Catholic College, Lismore, this table will be effective
only from 1 July 1998.
Table 2D (ii)- Allowances for Co-Ordinators and Salary for
Assistant Principals at Oakhill College, Castle Hill and Our Lady of Lebanon,
Harris Park
|
CO-ORDINATORS
|
ANNUAL ALLOWANCE
|
|
|
3% 1/1/99
|
|
|
$
|
|
Co-ordinator 1
|
2,851
|
|
Co-ordinator 2
|
5,701
|
|
Co-ordinator 3
|
8,553
|
|
ASSISTANT PRINCIPALS
|
ANNUAL SALARY
|
|
|
1/1/99
|
|
|
$
|
|
Primary Schools
|
|
|
101-250
|
60,798
|
|
251-400
|
62,219
|
|
401-600
|
63,712
|
|
601-800
|
65,280
|
|
801+
|
66,847
|
|
Secondary Schools
|
|
|
201-300
|
63,712
|
|
301-600
|
65,280
|
|
601-900
|
66,847
|
|
900-1200
|
68,412
|
|
1200+
|
69,980
|
Table 3 - Other Rates
|
ITEM NO.
|
CLAUSE NO.
|
BRIEF DESCRIPTION
|
FROM
1/1/99
|
|
|
|
|
$
|
|
1
|
3.2(a)
|
(i) Full-time
Teacher teaching classes of children
|
1,526 per
|
|
|
|
with a disability
|
annum
|
|
|
|
(ii) Part-time
of Casual Teacher teaching classes of
|
|
|
|
|
children with a disability
|
7.48 per day
|
|
2
|
3.2(b)
|
A principal Teacher of school for children with a
|
239 per
|
|
|
|
disability for each Teacher supervised
|
annum
|
|
|
|
|
per teacher
|
|
3
|
3.2(b)
|
Maximum payment per annum under Item 2
|
1,239 per
|
|
|
|
|
annum
|
|
4
|
3.8(a)
|
Own car allowance where use is authorised by the school
|
0.51 per km
|
ANNEXURE A - TEACHER-LIBRARIANS
1. For the
purposes of this award:
Teacher-Librarian, Class A means an academically trained
teacher or librarian employed mainly as a librarian but whose duties may
include teaching as required.
Teacher-Librarian, Class B means a person other than a
teacher-librarian, Class A, employed mainly as a librarian but whose duties may
include teaching as required.
2. Without
limiting the ordinary meaning of either of the above definitions, a
teacher-librarian shall perform duties, as required, in accordance with the
General Outline of Duties of Teacher-Librarians set out hereafter.
3. A
teacher-librarian may be employed as a full-time teacher, a temporary teacher,
a part-time teacher or a casual teacher, and whichever one of these categories
is applicable to a particular teacher-librarian shall, for the purpose of this
award, be referred to as the temporal nature of that employee's employment.
4. A
teacher-librarian, Class A, may be classified as:
(a) a Two Years
Trained teacher;
(b) a Three Years
Trained teacher;
(c) a Four Years
Trained teacher;
(d) a Five Years
Trained teacher;
(e) a
Conditionally Classified Two Years or Three Years Trained teacher, or
(f) a
Conditionally Classified Four Years Trained teacher,
and whichever one of these categories is applicable to
a particular teacher-librarian, Class A shall, for the purposes of this award,
be referred to as the teaching status of that employee.
(a) A
teacher-librarian, Class A, shall be paid, according to teaching status and the
temporal nature of the teacher's employment, respectively the relevant salary
prescribed by clause 3 Salary Scales.
(b) A
teacher-librarian, Class B, shall be paid, according to the temporal nature of
the teacher's employment the relevant salary prescribed for Teacher Not
Otherwise Classified, by the said clause 3.
5. General
Outline of Duties of Teacher-Librarians
The integration of the library as a learning laboratory into
the teaching programme requires that the Librarian act as a teacher, a
curriculum consultant and a materials specialist
(a) Educational
Programme
(i) A
teacher-librarian shall have a general professional involvement in the school's
teaching and learning programme by:
(A) participation
in curricula development and revision;
(B) assisting
individual teachers in curriculum planning;
(C) evaluating the
suitability of facilities, equipment, materials and services with regard to
learning outcomes;
(D) establishing a
basic library policy in consultation with Principal and staff;
(E) being
responsible for conduct and discipline of pupils while in the library.
(ii) A
teacher-librarian shall exercise initiative in improving methods of teaching
and learning by:
(A) developing new
uses for materials and equipment;
(B) working with
teachers to design innovations in teaching and learning;
(C) participation
in in-service programmes.
(iii) A
teacher-librarian shall ensure that students and staff learn the necessary
skills to locate, select and use efficiently library materials and equipment
by:
(A) co-ordinating
library activities with school instructional programmes and introducing
materials of special interest;
(B) planning a
sequential programme of library instruction with teaching staff;
(C) giving
incidental instruction in library skills;
(D) co-operating
with staff to assist students to develop competency in reading, listening and
viewing skills;
(E) designing and
implementing with the teaching staff a programme to develop student learning
skills.
(iv) A teacher-librarian
shall be responsible to user demand by performing general reference; and
advisory learning skills.
(v) A
teacher-librarian shall stimulate user demand by:
(A) assisting in
developing and directing individual reading, listening and viewing guidance
programmes;
(B) promoting and
publicising within the school the services of the library and the resources of
the community outside the library.
(vi) A
teacher-librarian shall maintain a continuing interest in educational research
by:
(A) disseminating
research findings;
(B) seeking, when
appropriate, staff assistance to implement relevant findings within the school;
(C) undertaking
research.
(b) Provision of
Materials, Equipment and Technical Services
(i) A
teacher-librarian shall perform the selection duties of:
(A) determining and
keeping under constant review materials selection policy;
(B) enlisting staff
participation in evaluation and selecting materials;
(C) providing
selection aids for finding new materials;
(D) participating
in a variety of activities designed to acquire knowledge of new materials;
(E) Evaluating and
selecting print and non-print materials.
(ii) A
teacher-librarian shall perform the acquisition duties of:
(A) establishing
ordering policies;
(B) establishing
acquisition policies;
(C) establishing an
integrated and balanced acquisition of stock.
(iii) A
teacher-librarian shall perform the production duties of:
(A) initiating the
production of materials and equipment for teaching and learning situations;
(B) initiating the
adaption of commercial materials and equipment to meeting special needs.
(iv) A teacher‑librarian
shall perform the organisation duties of:
(A) establishing
cataloguing and classification procedures;
(B) establishing
processing procedures;
(C) establishing
procedures for circulation of materials;
(D) establishing
procedures for maintenance, repairs and culling of materials.
(c) Administrative
Role - A teacher-librarian shall perform the administrative duties of:
(i) preparing and
administering the library budget;
(ii) selecting
(when required by the Principal), training and supervising library staff;
(iii) scheduling
and evaluating the work of the library staff;
(iv) devising
systems for the acquisition, organisation, circulation, maintenance of
materials and equipment;
(v) preparing work
manuals outlining appropriate technical procedures;
(vi) maintaining
statistical records which will support the evaluation of library organisation
and services;
(vii) establishing
communication with central administrative offices;
(ix) organising and
keeping under constant review the arrangement of library space and furniture;
(x) participating
in the preparation of the educational specifications of the planning of library
facilities.
(d) Other
Professional Duties - A teacher-librarian shall perform such teaching and/or
other professional duties as may be required from time-to-time by the
Principal.
(e) Accountability
- A teacher‑librarian shall be accountable to the Principal for the
proper use of the library and its services.
ANNEXURE B - PORTABILITY OF SICK LEAVE
Part to be Completed By Teacher
Name of Teacher: _____________________________________________________________________
Name of former Catholic Employer: __________________________________________________________
I, ____________________was formerly employed by __________________________________________
(Name of Teacher) (Name
of former Catholic employer)
as a teacher from ____________________________to _____________________________________
(date) (date)
I commenced as a teacher with the former Catholic employer
on ________________________________
_____________________________________ ________________________________
Signature Date
Part to be Completed By Former Catholic Employer:
___________________________________ was employed by the employer
as a teacher and ceased work on
(Name of teacher)
____________________________________
(date)
At that time untaken sick leave with our employer over the
proceeding __________ years of continuous
service is as follows:
(SET OUT RECORD)
e.g. Last year of employment __________ Sick Days
Year 2 accumulation _______________
Sick Days
Year 3 accumulation _______________
Sick Days
Year 4 accumulation
_______________Sick Days
Year 5 accumulation
_______________Sick Days
Year 6 accumulation
_______________Sick Days
___________________________________ _________________________________
Employer Date
ANNEXURE C
|
NAME OF SCHOOL
|
NO. OF AGREEMENT
|
EXPIRY DATE
|
|
Brigidine College, St Ives
|
8/96
|
30/04/99
|
|
Christian Brothers High School, Lewisham
|
69/95
|
07/09/97
|
|
Edmund Rice College, Wollongong
|
32/95
|
13/08/97
|
|
Mater Dei, Camden
|
78/94
|
16/12/95
|
|
Mt Erin High School, Wagga Wagga
|
356/94
|
01/04/97
|
|
Mt St Benedict High School, Pennant Hills
|
34/96
|
01/04/97
|
|
Mt St Joseph’s, Milperra
|
422/95
|
12/08/97
|
|
Oakhill College, Castle Hill
|
339/95
|
06/08/97
|
|
Our Lady of Mercy College, Parramatta
|
400/95
|
30/01/98
|
|
Red Bend Catholic College, Forbes
|
35/96
|
01/05/97
|
|
Santa Sabina Ltd
|
437/95
|
31/01/98
|
|
St Augustine’s College, Brookvale
|
10/96
|
31/04/97
|
|
St Clare’s College, Waverley
|
260/94
|
28/01/96
|
|
St Dominic’s College, Penrith
|
23/95
|
01/08/97
|
|
St Edmund’s School, Wahroonga
|
50/95
|
21/08/97
|
|
St Edwards College, East Gosford
|
74/95
|
07/09/97
|
|
St Gregory’s College, Campbelltown
|
63/96
|
01/05/97
|
|
St John of God, Kendall Grange
|
122/94
|
16/12/95
|
|
St Joseph’s College, Hunters Hill
|
33/96
|
31/12/97
|
|
St Lucy’s School for Blind and Visually Handicapped,
Wahroonga
|
357/94
|
31/01/96
|
|
St Mary’s, Gunnedah
|
62/96
|
31/01/97
|
|
St Patrick’s College, Campbelltown
|
64/96
|
30/04/97
|
|
St Patrick’s College, Goulburn
|
49/95
|
24/08/97
|
|
St Patrick’s College, Strathfield
|
414/94
|
24/04/97
|
|
St Pius X College, Chatswood
|
72/95
|
07/09/97
|
|
St Scholastica’s College, Glebe
|
7/96
|
30/04/97
|
|
Waverley College, Waverley
|
519/94
|
29/12/96
|
SCHEDULE A - Award and
Variations Incorporated
|
Clause
|
Award/Variation Serial No.
|
Date of Publication
|
Date of Taking Effect
|
Industrial Gazette
|
|
|
|
|
|
Vol
|
Page
|
|
Variation
|
B6659
|
7 May 1999
|
10 December 1998
|
309
|
238
|
SCHEDULE B
Changes Made on Review
Date of Effect: 7
March 2001
(1) Provisions
Modified
|
Award
|
Clause
|
Previous Form of Clause Last Published at
|
|
|
|
IG Vol
|
Page
|
|
Teacher (Independent Catholic Schools) (State) Award
|
2(y)
|
306
|
301
|
|
Teacher (Independent Catholic Schools) (State) Award
|
2(dd)
|
-
|
-
|
|
Teacher (Independent Catholic Schools) (State) Award
|
3.1 (a)
|
306
|
302
|
|
Teacher (Independent Catholic Schools) (State) Award
|
3.1 (c) (iii)
|
306
|
303
|
|
Teacher (Independent Catholic Schools) (State) Award
|
3.1 (d) (iv) and (v)
|
306
|
304
|
|
Teachers (Catholic Independent Schools) (State) Award
|
3.1 (i)
|
306
|
303
|
|
Teachers (Catholic Independent Schools) (State) Award
|
3.3 (b)
|
306
|
306
|
|
Teachers (Catholic Independent Schools) (State) Award
|
3.3 (c)
|
306
|
306
|
|
Teachers (Catholic Independent Schools) (State) Award
|
3.5 (c)
|
306
|
308
|
|
Teachers (Catholic Independent Schools) (State) Award
|
3.5 (d)
|
306
|
309
|
|
Teachers (Catholic Independent Schools) (State) Award
|
9.5 (a)
|
306
|
319
|
|
Teacher (Independent Catholic Schools) (State) Award
|
9.5(b)(2)
|
306
|
320
|
|
Teacher (Independent Catholic Schools) (State) Award
|
21.3
|
306
|
329
|
|
Teacher (Independent Catholic Schools) (State) Award
|
PART B
|
306
|
324-344
|
(2) Provisions
Removed
|
Award
|
Clause
|
Previous Form of Clause Last Published at
|
|
|
|
IG Vol
|
Page
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
3.7(e)
|
306
|
311
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
9.4(b)(v)
|
306
|
319
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
9.5(e)
|
306
|
320
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
19.3(b)
|
306
|
327
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
19.3 (e)(i) and (ii)
|
306
|
327
|
|
Teachers (Catholic Independent Schools)
(State) Award
|
20
|
306
|
328
|
(3) Rescinded
Obsolete Awards Related to this Review
Nil.
M. SCHMIDT J.
_______________________
Printed by the authority of the Industrial Registrar.