(661)

SERIAL C0707

 

TEACHERS (CATHOLIC INDEPENDENT SCHOOLS) (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by .by the New South Wales Independent Education Union, industrial organisation of employees.

 

(No. IRC 4200 of 2001)

 

Before the Honourable Justice Schmidt

15 August 2001

 

AWARD

 

1.         ARRANGEMENT

 

PART A - CONDITIONS

 

CLAUSE NO.	SUBJECT MATTER
1.	Arrangement
2.	Definitions
3.	Terms of Engagement
4.	Salaries and Related Matters
5.	Promotions Positions
6.	Teacher-Librarians
7.	Annual Adjustment of Salary
8.	Annual Holiday Loading
9.	Union Members and Representative
10.	Sick Leave
11.	Catholic Personal/Carer’s Leave
12.	Parental Leave and Allowance
13.	Long Service Leave
14.	Renewal Leave
15.	Other Leave
16.	Termination
17.	Occupational Superannuation (Contribution by Employer)
18.	Anti-Discrimination
19.	Fair Procedures for Investigation Complaints of Child Abuse
20.	Suspension
21.	Disputes Procedure
22.	No Extra Claims
23.	Area, Incidence and Duration

 

PART B - MONETARY RATES

 

Tables 1A, 1B(i), 1B(ii), 1C, 1D

Tables 2A, 2B(i), 2B(ii), 2C, 2D(i), 2D(ii)

Table 3 - Other Rates

 

Annexure A    Teacher Classifications and Teacher-Librarians

Annexure B    Portability of Sick Leave

 

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 or part-time 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.  A casual teacher will not normally be employed for a period greater than four school weeks for each engagement.

 

(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.

 

However, a teacher may be employed for a specified period of up to two full school years in the following circumstances:

 

(i)         where such a teacher is employed on a specific programme not funded by the employer; or

 

(ii)        is replacing a teacher on leave or secondment.

 

The parties recognise that a temporary teacher may be appointed to a series of different temporary positions within the school immediately following the cessation of a prior temporary appointment.

 

The employer, the union and the teacher concerned may agree to extend the temporary period of appointment beyond two years.  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 qualifications or a course, as the case may be, which is specified by Annexure A of this award as being equivalent to a particular qualification or course prescribed by this award, which the employer and teacher 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 NSW determines as being so equivalent.

 

(h)        "Recognised School" means a school registered under the provisions of the Education Act 1990 or any registered special school within the meaning of that Act or school for children with disabilities.

 

(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)        "Graduate 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 a teacher who is not Two, Three, Four or Five Years Trained nor Conditionally Classified Two or Three Years Trained nor a Graduate Without a Teaching Qualification.

 

(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 has acquired other equivalent qualifications (as defined in paragraph (g) above).

 

(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 teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

 

(o)        "Four Years Trained Teacher" means:

 

(i)         A teacher who is a graduate in Education (four years full-time course); or

 

(ii)        A teacher who is a graduate who in addition has satisfactorily completed at least a one year’s full-time course in teacher education which contains units relating to teaching theory and practice at a recognised higher education institution; or

 

(iii)       A teacher who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, has been awarded a Graduate Diploma at a recognised higher education institution; or

 

(iv)       A teacher who has acquired other equivalent qualifications (as defined in paragraph (g) above).

 

(p)        "Five Years Trained Teacher" means:

 

(i)         A teacher who has satisfactorily completed a degree requiring a minimum of four years’ full-time study from a recognised higher education institution and who, in addition, has satisfactorily completed a one year’s full-time course in teacher education which contains units relating to teaching theory and practice; or

 

(ii)        A Four Years Trained Teacher who, in addition, has satisfactorily completed either a Masters or Doctorate degree from a recognised higher education institution; or

 

(iii)       A teacher who has obtained other equivalent qualifications.

 

(q)        "Conditionally Classified Two Years or Three Years Trained Teacher" means a teacher who has attempted all of the requirements for the course of teacher education but has not yet satisfied the requirements to be granted the qualification.

 

(r)         "Graduate Without A Teaching Qualification" means a teacher who is a graduate other than a graduate to whom subclause (o) of this clause applies.

 

(s)        "Teacher-Librarian" means a teacher appointed as such.

 

(t)         "Senior Teacher 1" means a teacher classified as such.  In the case of List D employers (except Mt. St. Benedict School, Pennant Hills; St. Augustine's College, Brookvale; St Gregory’s College Campbelltown; and St. Scholastica’s College, Glebe) such classification shall have been prior to the introduction of this award.

 

(u)        "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.

 

(v)        "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.

 

(w)       "Assistant Principal" means a teacher appointed as such, who assists the Principal in his/her responsibility for the conduct and organisation of the school.

 

(x)        Positions of Special Responsibility:

 

(i)         "Co-ordinator 1" 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 appointed as such with duties as determined by the employer or as defined in the relevant employer enterprise agreement.

 

(y)        "Union" means the New South Wales Independent Education Union.

 

(z)        "Employer" means an employer covered by this award pursuant to subclause 23.2, Area, Incidence and Duration, of the award.

 

(aa)      "Employing Authority" means an employer bound by either this award, the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2000 published 6 April 2001 (323 I.G. 698), the Teachers (Country and Regional Dioceses) (State) Award 2000 published 6 April 2001 (323 I.G. 734) or the Teachers (Independent Schools) (State) Award published 20 March 1998 [303 IG 1104] or any award or agreement replacing such awards.

 

(bb)     "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.

 

(cc)      "Statement of Service" means a statement from an employer that contains a start date, termination date, whether service was full-time, part-time or casual, whether any paid promotions positions were held and whether any leave without pay was taken.

 

3.         TERMS OF ENGAGEMENT

 

3.1        Letter of Appointment

 

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.

 

3.2        Normal Duties

 

The normal duties of teachers shall include playground duties, sports duties, and usual co-curricular or extra-curricular activities and, in relation to teachers appointed to residential positions, the usual residential and other duties as required.

 

3.3        Lunch Break

 

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.

 

3.4        Teacher Skill Development

 

(a)        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 paragraph (b) of this subclause.

 

(b)        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.

 

(c)        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.

 

(d)        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 paragraph (a) of this subclause with appropriate modification and shall be expected to participate as appropriate.

 

3.5        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.

 

3.6        Upon the termination of service of a teacher (other than a casual teacher), the employer shall provide a statement of service.

 

3.7        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.

 

4.         SALARIES AND RELATED MATTERS

 

4.1        Salaries Payable

 

(a)        (i)         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.  Fortnightly salaries shall be ascertained by multiplying the annual salary by 14 and dividing by 365 with the answer rounded to two decimal points.

 

Employer	Relevant Table of Part B, Monetary Rates
List A
St Clare’s College, Waverley	Table 1A         Annual Salary
	Table 2A         Coordinator and Assistant
	Principal Allowances
List B
Brigidine College, St. Ives	Table 1B(i)      Annual Salary
Our Lady of Mercy College, Parramatta	Table 2B(i)      Coordinator and Assistant
	Principal Allowances
Santa Sabina College Ltd	Table 1B(ii)     Annual Salary
	Table 2B(ii)     Coordinator and Assistant
	Principal Allowances
List C
	Table 1C          Annual Salary
(Schools operated by the Trustees of the	Table 2C          Coordinator and Assistant
Christian Brothers)	Principal Allowances
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, Castle Hill
St Patrick’s College, Strathfield
St Pius X College, Chatswood
Waverley College, Waverley

 

Employer	Relevant Table of Part B, Monetary Rates
List D
Berne Education Centre, Lewisham	Table 1D         Annual Salary
Boys’ Town, Engadine	Table 2D(i)      Coordinator and Assistant
Holy Saviour School, Greenacre	Principal Allowances
Mater Dei Ltd	Table 2D(ii)     Coordinator Allowances and
Mt Erin High School, Wagga Wagga	Assistant Principal Salaries
Mt St Benedict High School, Pennant Hills	(Oakhill College and Our
Mt St Joseph Milperra Ltd	Lady of Lebanon College)
Oakhill College, Castle Hill
Our Lady of Lebanon College, Harris Park
Red Bend Catholic College, Forbes
St. Augustine's College, Brookvale
St Charbel’s College, Punchbowl
St Gregory’s Armenian College, Rouse Hill
St Gregory’s College, Campbelltown
St Joseph’s College, Hunters Hill
St Lucy’s School, Wahroonga
St Maroun’s School, Dulwich Hill
St Mary’s College, Gunnedah
St Patrick’s College, Campbelltown
St Paul’s International College, Moss Vale
St Scholastica’s College, Glebe
Trinity Catholic College, Lismore

 

(ii)        List A and List B Employers -One-Off Payments

 

A one off payment of 1.25% of the award salary rate applicable to the teacher shall be paid as follows:

 

1 September 2002, calculated on the rate applicable to the teacher as at 1 July 2002.

 

1 September 2003, calculated on the rate applicable to the teacher as at 1 February 2003.

 

One-off payments applying to full-time teachers are set out in Table 1A of Part B - Monetary Rates in the case of List A employers and Table 1B of Part B - Monetary Rates in the case of List B employers.  These payments are subject to the following conditions:

 

(A)       A teacher who was not employed for the whole of the period between the first day of first term and 1 September of the year of the one-off payment shall receive the proportion of the payment equivalent to the proportion of the number of term weeks worked by the teacher between the first day of first term and 1 September in that year bears to the number of term weeks between the first day of first term and 1 September in that year.

 

Term Weeks Worked by teacher

_______________________________   x One-off Payment

Term Weeks in the School Year

 

(B)       In the case of a teacher who has taken leave without pay (other than parental leave) between the first day of first term and 1 September in the year of a one-off payment, the amount of the one-off payment shall be reduced in proportion to the number of term weeks taken as leave without pay (other than parental leave) compared to the number of term weeks between the first day of term and 1 September in that year.

 

(C)       A teacher whose hours have varied throughout the year in which a one-off payment is made shall receive a payment based on his or her average load calculated in respect of each term week between the first day of first term and 1 September in that year.

 

(D)       A teacher whose employment is terminated for any reason prior to 1 September of the year of the one-off payment shall receive the proportion of the payment in accordance with sub-paragraph (ii)(A) of this paragraph.

 

(b)        Five Years Trained Teacher

 

A Five Years Trained Teacher shall commence on Step 6 and progress according to years of service to Step 13.

 

(c)        Four Years Trained

 

A Four Years Trained Teacher shall commence on Step 5 and progress according to years of service to Step 13.

 

(d)        Three Years Trained Teacher

 

(i)         Progression on Incremental Scale

 

(A)       All Employers (including List B Employers from the first day of the 2002 school year)

 

A Three Years Trained Teacher shall commence on step 3 and progress according to years of service to step 13.

 

(B)       List B Employers (excluding Brigidine College, St. Ives) - up until the first day of the 2002 school year only

 

A Three Years Trained Teacher shall commence on step 3 and progress according to years of service to step 9.

 

A Three Years Trained Teacher who has completed at least 12 months service on step 9 may apply for progression to step 10 and thereafter progress according to years of service to step 13 after completion of two years service on each of step 10, step 11 and step 12.  The progression may be awarded by an employing authority in accordance with sub-clause 4.7.

 

(C)        Transitional Provisions

 

(1)        Prior to 1 January 2001, St Gregory’s College Campbelltown and List C employers (schools conducted by the Trustees of the Christian Brothers) were covered by provisions requiring a Three Years Trained Teacher to apply to progress past step 9 and requiring two years service on step 10, step 11, and step 12.  The union and these employers reached agreement that from January 2001 provisions the same as those in sub-paragraph (A) above would apply.

 

In the case of Brigidine College, St Ives, Mt. St. Benedict High School, Pennant Hills and St. Clare's College, Waverley it was agreed that progression could occur between step 10 and step 12 on the basis of one year’s service on each step from 1 July 2001.

 

For List B employers, (excluding Brigidine College, St. Ives)it was agreed that progression could occur between Step 10 and Step 12 on the basis of one year’s service on each step from the first day of the 2002 school year.

 

(2)        When the number of years required to progress from step 10, step 11 and step 12 to the next step changes from two years to one year, a teacher who has at that time more than one year’s full time service on such step shall immediately progress to the next step.  Provided further, for the purpose of salary progression only, the teacher’s anniversary date shall thereafter be deemed to be the date of such progression.

 

(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.

 

(e)        Two Years Trained Teacher

 

(i)         Progression on Incremental Scale

 

(A)       All Employers (including List B Employers from the first day of the 2002 school year)

 

(1)        A Two Years Trained Teacher shall commence on Step 2 and progress according to years of service to Step 13, subject to satisfying the requirements of sub-paragraph (2) of this paragraph.

 

(2)        A Two Years Trained Teacher who has completed at least one year on Step 9 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 one year’s service on each of Step 10, Step 11 and Step 12.  The progression may be awarded by an employing authority in accordance with sub-clause 4.7 of this clause.

 

(B)       List B Employers (excluding Brigidine College, St. Ives) up until the first day of the 2002 school year.

 

(1)        A Two Years Trained Teacher  shall commence on Step 2 and progress according to years of service to Step 9.

 

(2)        A Two Years Trained Teacher who has completed at least three years on Step 9 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.  The progression may be awarded by an employing authority in accordance with the provisions of subclause 4.7 of this clause.

 

(C)       Such professional development, if it is to be considered for the purposes of this sub-paragraph, must be deemed relevant to the Two Years Trained Teacher’s employment by the employer.

 

(D)       Transitional Provisions

 

(1)        Prior to 1 January 2001, St Gregory’s College Campbelltown and List C employers (schools conducted by the Trustees of the Christian Brothers) were covered by provisions requiring a Two Years Trained Teacher to apply to progress past step 9 and requiring two years service on step 10, step 11, and step 12.  The union and these employers reached agreement that from January 2001 provisions the same as those in sub-paragraph (A) above would apply.

 

In the case of Brigidine College, St. Ives, Mt St Benedict High School, Pennant Hills and St. Clare's College, Waverley it was agreed that from 1 July 2001 provisions the same as those in subparagraph (A) would apply.

 

For List B employers (excluding Brigidine College, St. Ives), it was agreed that from the first day of the 2002 school year provisions the same as those in subparagraph (A) above would apply.

 

(2)        When the number of years required to progress from step 10, step 11 and step 12 to the next step changes from two years to one year, a teacher who has at that time more than one year’s full time service on such step shall immediately progress to the next step.  Provided further, for the purpose of salary progression only, the teacher’s anniversary date shall thereafter be deemed to be the date of such progression.

 

(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 incremental date and shall thereafter progress in accordance with normal years of service to Step 9.

 

(f)         Conditionally Classified Two Years Trained Teacher

 

A Conditionally Classified Two Years Trained Teacher shall commence on Step 2 and progress according to years of service to Step 6; provided that a teacher shall, after 15 years’ service, progress to Step 7 and shall thereafter progress according to years of service to Step 9.

 

(g)        Conditionally Classified Three Years Trained Teacher

 

A Conditionally Classified Three Years Trained Teacher shall commence on Step 3 and progress according to years of service to Step 6; provided that a teacher shall, after 15 years service, progress to Step 7 and shall thereafter progress according to years of service to Step 9.

 

(h)        Graduate Without A Teaching Qualification

 

A Graduate Without a Teaching Qualification shall commence on Step 5 and progress according to years of service to Step 9; provided that a teacher shall, after 15 years service, progress to Step 10 and shall therefore progress according to years of service to Step 13.

 

(i)         Teacher Not Otherwise Classified

 

A Teacher Not Otherwise Classified shall commence on Step 1 and progress according to years of service to Step 6.

 

(j)         Previous Award Classification

 

Teachers employed immediately prior to 15 August 2001 shall be deemed to be classified under this award at a level not less than that which applied under the previous award and shall be deemed to have years of service as at 15 August 2001 calculated in accordance with the provisions of the previous award.

 

4.2        Special Education Teacher Allowance

 

(a)        Teachers appointed to teach classes of children with a disability shall be paid in addition to the salaries provided for in subclause 4.1 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 allowances provided in paragraph (a) of this subclause, 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 Table 3.

 

4.3        Credit For Previous Teaching Service

 

(a)        For the purpose of calculating credit for previous teaching service, 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 shall count as follows:

 

(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 in proportion to the full-time teaching load of a teacher at the school;

 

(iii)       Service as a casual teacher shall be credited to on the basis that 204 days of casual service are equal to a year of service.

 

(b)        When calculating previous teaching 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 subclause 4.4.

 

4.4        Credit for Other Service

 

(a)        Teaching Service and Relevant Industry Experience

 

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 (eg. 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.

 

This paragraph shall apply from 20 March 1998, with the exceptions of those schools listed below.  Any application for recognition of such period of child rearing shall be effective from 20 March 1998 or in the case of a teacher appointed after 20 March 1998, from the date of appointment.

 

Exceptions:

 

(i)         For Boys’ Town, Engadine and Bridigine College, St. Ives this paragraph shall apply from the first day of Term 1, 2001.

 

(ii)        This paragraph does not apply to St Lucy’s School, Wahroonga.

 

(b)        Other Industry Experience

 

Full-time service at age 21 or more 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 apply from 20 March 1998, with the exceptions of those schools listed below.  Any application for recognition of such period of child rearing shall be effective from 20 March 1998 or in the case of a teacher appointed after 20 March 1998, from the date of appointment.

 

Exceptions:

 

(i)         For Boys’ Town, Engadine and Brigidine College, St. Ives, this paragraph shall apply from the first day of Term 1, 2001.

 

(ii)        This paragraph does not apply to St. Lucy's School, Wahroonga.

 

(c)        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, and

 

(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 paragraph, parental 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 parental leave will be used when calculating the period of child rearing.

 

This paragraph shall apply from 20 March 1998, with the exceptions of those schools listed below.  Any application for recognition of such period of child rearing shall be effective from 20 March 1998 or in the case of a teacher appointed after 20 March 1998, from the date of appointment.

Exceptions:

 

(i)         For Boys’ Town, Engadine; Brigidine College, St. Ives; Oakhill College, Castle Hill; St Gregory’s College, Campbelltown; and St Scholastica’s College, Glebe, this paragraph shall apply from the first day of Term 1, 2001.

 

(ii)        This paragraph shall not apply to St Augustine's College, Brookvale nor St Lucy’s School, Wahroonga.

 

(d)        A teacher shall not be entitled to more than four increments in total from paragraphs (a), (b) and (c) of this subclause.

 

4.5        Process for Applying for Credit for Service

 

(a)        Upon application for employment a teacher shall be advised in writing of all types of previous service (including child-rearing, full-time and part-time teaching, casual teaching, industry experience, other teaching outside schools, etc) recognised under this award and of the documentation required to substantiate such previous service.

 

(b)        An application by a teacher for recognition of previous teaching service or industry experience shall be supported by a statement of service (or similar statement in the case of employment by an employer other than an educational institution) which establishes the period of service to be recognised.  An application by a teacher for recognition of a period of child-rearing shall be supported by a statutory declaration establishing the period of child-rearing to be recognised and a copy of the child’s birth certificate.

 

(c)        An application for recognition of previous service (including child-rearing) shall be granted, if successful, from the date the application was received by the employer.  However in the case where the application was received within one school term of the date of the teacher commenced employment with the employer, the application shall be granted from the date of commencement.

 

4.6        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, a Graduate Without a Teaching Qualification or Not Otherwise Classified 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.

 

4.7        Senior Teacher - Level 1 and Progression for Three and Two Years Trained Teachers

 

(a)        (i)         Senior Teacher 1

 

For List A employers, List B employers, List C employers and Mt St Benedict High School, Pennant Hills; St Augustine's College, Brookvale, St Gregory’s College, Campbelltown; and St Scholastica’s College, Glebe:

 

A Five or Four Years Trained Teacher who has completed twelve months on Step 13 may apply to be classified as a Senior Teacher 1, with salary as set out in the relevant table of Part B, Monetary Rates (as determined by subclause 4.1(a) of this award) pursuant to paragraph (b) of this subclause.

 

(ii)        Three Years Trained Teacher

 

For List B Employers (except Brigidine College, St. Ives) - until the first day of the 2002 school year:

 

A Three Years Trained Teacher who has completed twelve months on Step 9 may apply for further progression pursuant to subparagraph (i)(B) of paragraph (d) of subclause 4.1 and paragraph (b) of this subclause.

 

(iii)       Two Years Trained Teacher

 

For List B employers (except Brigidine College, St. Ives) - until the first day of the 2002 school year:

 

A Two Years Trained Teacher who has completed three years on Step 9 may apply for further progression pursuant to subparagraph (i)(B) of paragraph (e) of subclause 4.1 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 the NSW Department of Education and Training, 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:

 

*          Knowledge and preparation of syllabus content;

 

*          Relevance of methodology used;

 

*          Class rapport, tone, discipline and motivation.

 

(B)       Involvement beyond the classroom - sharing; learning knowledge and skills with and from peers; involvement in cooperative 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 Three Years Trained Teacher or Two 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 Five Years Trained or Four Years Trained pursuant to subclause 4.6, Progression (Completion of Qualifications), shall also be classified as Senior Teacher 1 on such reclassification, provided that after 1991 the teacher shall have completed nine years of service.

 

(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 IEU 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 recommendations, 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 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 the teacher who becomes eligible during a period of paid leave, such classification or progression shall take effect from the date of eligibility.

 

4.8        Future of Senior Teacher 1

 

(a)        List B Employers (except Brigidine College, St. Ives)

 

The union and List B employers have agreed that the classification of Senior Teacher 1 shall be retained until 31 August 2004.  At that time, the classification shall be the subject of further review, including consideration of its continuation or phase out, and the implications of the Ramsay Report on the status of this classification.

 

The parties have also agreed that the Senior Teacher 1 application process shall remain unchanged for each employer notwithstanding the provision for an amended procedure that may be endorsed by way of mutual agreement between an employer and its teachers to which the amended procedure relates.

 

(b)        List C Employers

 

The union and List C employers have agreed that the classification of Senior Teacher 1 shall be retained until 31 December 2003.  List C employers reserve the right to review the classification at that time, including consideration of its phase-out.

 

The union and List C employers have also agreed to review the eligibility criteria for Senior Teacher 1 in the award to remove any ambiguities and inconsistencies, and to interpret and define the criteria in terms of their application to these schools.  The resulting arrangement from the review shall operate from the beginning of Term 1, 2001.

 

(c)        Phase-Out

 

This paragraph applies to List D employers only (except Mt. St Benedict High School, Pennant Hills;St Augustine's College Brookvale,St Gregory’s College, Campbelltown, St Scholastica’s College,Glebe).

 

[Note:  List D employers are set out in paragraph (a) of subclause 4.1].

 

(d)        The union and List D employers in this award with the exception of those listed above, have agreed that the classification of Senior Teacher Level 1 will be phased-out during the life of the award so that the rate for a teacher classified as Senior Teacher Level 1 will be the same as the rate applicable to a teacher on Step 13.  Refer to Table 1 - Wage Rates, of Part B Monetary Rates, for the implementation of the phase-out.

 

4.9        Payment of Salary

 

(a)        The salary payable to any teacher other than a casual teacher pursuant to this clause, shall be payable fortnightly.

 

(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.

 

4.10      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 in subclause 4.1 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
Graduate without a Teaching Qualification	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, provided however that an additional 5% loading shall be payable as follows:

 

For all employers (except Our Lady of Mercy College, Parramatta and Santa Sabina College Ltd)- from the first day of Term 2, 2001

 

Our Lady of Mercy College, Parramatta and Santa Sabina College Limited - from the first day of Term 3, 2001

 

(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.

 

4.11      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.

 

4.12      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.

 

4.13      Overpayment

 

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.

 

4.14      Annual Remuneration

 

(a)        Notwithstanding subclause 4.9, 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 employer administrative charge will equal the appropriate salary prescribed by subclause 4.1, subclause 4.2 and subclause 5.1.

 

(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 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 prescribed by subclause 4.1, subclause 4.2 and subclause 5.1.

 

5.         PROMOTIONS POSITIONS

 

5.1        Allowances

 

(a)        The allowances for Positions of Special Responsibility shall be in addition to the salary applicable to the appointee provided 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 Coordinator and Assistant Principal positions shall be as set out in

 

*          Table 2A for List A employers;

 

*          Tables 2B(i) and 2B(ii) for List B employers;

 

*          Table 2C for List C employers; and

 

*          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 as set out in Table 2D(ii);

 

With respect to List D employers except Mt St Benedict High School, Pennant Hills, St Augustine's College, Brookvale, St Gregory’s College, Campbelltown and St Scholastica’s College, Glebe, an Assistant Principal who is classified as Senior Teacher 1 shall also receive the allowance set out in Table 2D(i) and for Oakhill College, Castle Hill and Our Lady of Lebanon College, Harris Park, the allowance set out in Table 2(D)(ii).  Such allowances shall be in addition to the salary applicable to the appointee.

 

(NOTATION:  refer to clause 4.1(a) of this award for the list of employers in each category.)

 

5.2        Acting Appointments

 

If an employer appoints a teacher to act in a promotion position for at least ten consecutive school days, the employer must pay the teacher the rate of allowance prescribed for that position.

 

5.3        Appointment on Merit

 

All appointments 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.

 

5.4        The minimum number of promotion positions required to be appointed shall be as set out in subclause 5.5 or as provided in the relevant employer enterprise agreement, provided that where there is a programme of work in an area of instruction (including curriculum sporting instruction) in a Secondary Department the hours of which aggregate more than 54 hours per week averaged over the school year, a Coordinator 2 shall be appointed to co-ordinate such area of instruction unless otherwise provided in the relevant employer 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 hours per week, the area of instruction shall attract the equivalent of a Coordinator 3.  There is no requirement to appoint a Coordinator 3 as such; the position may be filled by appointing a Coordinator 2 assisted by a Coordinator 1.

 

5.5        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 employer enterprise agreement:

 

Secondary Enrolments at Previous Year’s Census Date	Managerial Positions	Positions of Special Responsibility
1 - 200 201 - 300 301 - 400 401 - 500 501 - 600 601 - 700 701 - 800 801 - 900 901 +	- 1 1 1 1 1 1 1 1	1 2 3 4 6 7 11 11 12

 

(b)        The minimum number of promotion positions in a Primary Department shall be determined in accordance the following table unless otherwise provided in the relevant employer enterprise agreement:

 

Primary Enrolments at Previous Year’s Census Date	Managerial Positions	Positions of Special Responsibility
1 - 100 101 - 200 201 - 250 251 - 300 301 - 400 401 - 500 501 - 600 601 - 700 701 - 800 801 +	- 1 1 1 1 1 1 1 1 1	- - 1 1 1 2 2 3 3 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.

 

5.6        Period of Appointment

 

The period of appointment shall be as agreed between the employer and teacher on appointment or as specified in the relevant employer enterprise agreement.

 

6.         TEACHER LIBRARIANS

 

For classifications and duties of teacher-librarians refer to Annexure A - Teacher Classifications and Teacher - Librarians.

 

7.         ANNUAL ADJUSTMENT OF SALARY

 

7.1        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.

 

7.2        The provisions of this clause shall apply as set out in the relevant subclauses where:

 

(a)        a teacher (other than a casual teacher) commences employment after the school service date;

 

(b)        a teacher (other than a casual teacher) takes approved leave without pay or parental leave for a period which (in total) exceeds 20 pupil days in any year; or

 

(c)        the normal teaching hours of the teacher have varied since the school service date.

 

7.3        Calculation of Payments

 

(a)        A payment made pursuant to paragraph (a) or (b) of subclause 7.2 shall be calculated in accordance with the following formula:

 

Step 1              A x B   =  D

                             C

 

Step 2              D - E    =  F

 

Step 3              F x G    =  H

              2

 

where:

 

A is the number of term weeks worked by the teacher since the school service date

 

B is the number of non-term weeks in the school year

 

C is the number of term weeks in the school year

 

D is the result in weeks

 

E is the number of non-term weeks worked by the teacher since the school service date

 

F is the result in weeks

 

G is the teacher’s current fortnightly salary

 

H is the amount due

 

(b)        A payment made pursuant to paragraph (c) of subclause 7.2 to a teacher whose normal teaching hours have varied shall be calculated in accordance with the following formula:

 

Step 1 A - B   =  C

 

Step 2 C x D  =  F

               E

 

Step 3 F - B  =  G

 

where:

 

A is the total salary paid to the teacher since the school service date

 

B is the salary paid to the teacher in respect of non-term weeks since the school service date

 

C is the salary paid to the teacher in respect of term weeks since the school service date

 

D is the total number of non-term weeks in the school year

 

E is the total number of term weeks in the school year

 

F is the result in dollars

 

G is the amount due

 

7.4        Teachers who Commence Employment after the School Service Date

 

(a)        A teacher who commences employment after the school service date shall be paid from the date the teacher commences provided that, at the end of Term IV, the teacher shall be paid an amount calculated pursuant to subclause 7.3 of this clause and shall receive no other salary until his or her return to work in the following school year.

 

(b)        In each succeeding year of employment, the anniversary of appointment of the teacher for the purposes of this clause shall be deemed to be the school service date.

 

7.5        Teachers who Take Approved Leave Without Pay or Parental Leave

 

Where a teacher takes leave without pay or parental leave 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 commences and concludes in the same school year payment shall be calculated and made at the conclusion of Term IV of that school year.

 

(b)        If the leave 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)        Where a teacher who has received a payment pursuant to paragraph (b) of this subclause returns from leave in the same year rather than the next school year as anticipated, then the teacher shall be paid at the conclusion of Term IV as follows:

 

(i)         by applying the formula in subclause 7.3 as if no payment had been made to the teacher at the commencement of leave;

 

(ii)        by deducting from that amount the amount earlier paid to the teacher.

 

7.6        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 into the next school year, the teacher shall be paid throughout the summer pupil vacation as follows:

 

(a)        the amount due pursuant to the formula in paragraph (b) of subclause 7.3 shall be calculated; and

 

(b)        the teacher shall continue to receive in each fortnight of the pupil vacation period the same amount as his or her ordinary pay in the last fortnight of the school term until the total amount received by the teacher during the pupil vacation period is the same as the amount calculated above.

 

(Note:  this will have the consequence that the last fortnight of the pupil vacation period in which the teacher is paid the amount received will differ from the pay in the preceding fortnights).

 

7.7        Notwithstanding the provisions of paragraph (a) of subclause 7.1 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.

 

8.         Annual Holiday Loading

 

8.1        Subject to subclause 8.6 hereof, 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.

 

8.2        The loading shall be payable in addition to the pay payable to the teacher for the period of the school vacation.

 

8.3        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 8.6.

 

8.4        The loading shall be the amount payable for the period specified in subclause 8.3 or 8.6 at the rate of 17½ per cent of the weekly equivalent of the teacher’s annual salary.

 

8.5        For the purposes of this clause, "salary" shall mean the salary payable to the teacher at 1 December of the year in which the loading is payable, together with, where applicable, the allowances prescribed by subclause 4.2 of clause 4, Salaries, and clause 5, Promotions Positions, but not including any other allowances or amount otherwise payable in addition to salary.

 

Provided that where subclause 8.6 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 subclause 7.3 of clause 7, Annual Adjustment of Salary, or subclause 16.4 of clause 16 Termination.

 

8.6        Where a teacher receives a payment pursuant to paragraph (a) of subclause 7.3 or subclause 16.4 (other than a teacher terminated by the employer for misconduct) the teacher shall be entitled to that fraction of the annual holiday loading to which he or she would be entitled if he or she had worked for the whole school year which is equal to the number of term weeks worked by the teacher divided by the number of term weeks in the whole school year.

 

9.         UNION MEMBERS AND REPRESENTATIVES

 

9.1        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.

 

9.2        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.

 

9.3        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.

 

10.       SICK LEAVE

 

10.1      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, 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 20 March 1998, the period of sick leave shall, subject to subclause 10.2 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 fifteen days,

 

(ii)        After the first year of service with an employer, sick leave shall, subject to subclause 10.2, not exceed in any year of service 22 working days on full pay, followed by 22 working days on half pay, provided that as at 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 teacher in a full school week bears to the number of teaching hours which a full-time teacher at the school is normally required to teach.

 

(f)         A temporary teacher shall be entitled to sick leave in that proportion which the period of appointment of the teacher bears to the length of the school year.

 

(g)        The teacher, if required by the employer, complies with subclause 10.4 of this clause.

 

10.2      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 a teacher 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 10.1 of this clause, shall be taken prior to the taking of any sick leave which the teacher has accumulated in accordance with this subclause.

 

10.3      Transition

 

The transition from the old scheme to the new scheme of sick leave referred to in paragraph (a) of subclauses 10.1 and 10.2 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.

 

10.4      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 teacher.  The employer shall invite the teacher to respond verbally to the issues raised by the employer.  If the teacher is a union member, then 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.

 

10.5      Portability

 

(a)        Subject to paragraph (f), Delayed Implementation, and paragraph (g), Exclusions, of this subclause, a teacher who was previously employed with another Catholic Independent School or Catholic Diocesan Employer as a full-time, part-time or temporary teacher, and is employed by a Catholic Independent School on or after 27 January 1998, shall be entitled to portability of sick leave in accordance with this subclause.

 

(b)        Untaken sick leave which has accumulated in accordance with subclause 10.2 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..

 

(c)        For a teacher to be eligible for portability of sick leave under this clause, the teacher must satisfy the following criteria:

 

(i)         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 Catholic Diocesan Employer.

 

(ii)        The former Catholic Independent School or former Catholic Diocesan Employer will provide to each employee, on the employee’s termination of employment, a completed version of the form set out in Annexure B of this award, and the teacher will provide the original completed form to the new Catholic Independent School within four school weeks of the commencement of employment.

 

(d)        For the purpose of this subclause "Catholic Independent School" shall mean an employer bound by this award, and "Catholic Diocesan Employer" shall mean the Archdiocese of Sydney or Canberra/Goulburn or the Diocese of Broken Bay, Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga (and the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and Wollongong.

 

(e)        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 10.1 shall not exceed 25 days (with one or more employers).

 

(f)         Delayed Implementation

 

(i)         For Mt St Benedict High School, Pennant Hills; St Lucy’s School, Wahroonga; and Trinity Catholic College, Lismore, the date specified in paragraph (a) of this subclause shall read to be 27 January 1999.

 

(ii)        For Mater Dei Ltd; Mt Erin High School, Wagga Wagga; and St Gregory’s College, Campbelltown, the date specified in paragraph (a) of this subclause shall be read to be 28 January 2000.

 

(iii)       For St Joseph’s College, Hunters Hill, the date specified in paragraph (a) of this subclause shall be read to be the first day of the school year 2002.

 

(g)        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 Mary’s College, Gunnedah; and St Maroun’s School, Dulwich Hill.

 

11.       CATHOLIC PERSONAL/CARER’S LEAVE

 

11.1      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, ten days of current and 30 days accrued sick leave entitlement, provided for at clause 10 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.

 

11.2      Use of Sick Leave for a Pressing Domestic Necessity

 

(a)        Subject to paragraph 11.2(c), for the purposes of this subclause "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 1997.

 

(b)        A teacher, other than a casual teacher, with sick leave credits may apply to utilise such credits up to five 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 11.1(c)(ii).

 

(c)        Where a teacher, other than a casual teacher, is not entitled to utilise sick leave credits pursuant to paragraph 11.1(a) he or she may access ten 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 11.1(c)(ii).

 

(d)        The yearly entitlement for the purpose of pressing domestic necessity in paragraph 11.2(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.

 

11.3      Notification of Intention to Take Leave

 

In relation to sub-clauses 11.1 and 11.2, 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.

 

11.4      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 11.1(c)(ii) or paragraph 11.2(c) who is ill.

 

12.       PARENTAL LEAVE AND ALLOWANCE

 

12.1      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 nine weeks or longer by the employer in accordance with these provisions, shall be entitled to a maternity allowance calculated in accordance with subclause 12.2.

 

12.2      The maternity allowance in subclause 12.1 shall be equivalent to nine 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.

 

12.3      The teacher may elect to receive the maternity allowance in subclause 12.2 either in accordance with the usual employer payment schedule or as a lump sum payment in advance.  In addition, if the teacher requests and the employer agrees, the final three weeks of the allowance may be paid at half pay for a period of six weeks.

 

12.4      Where a teacher applies for a lump sum payment in advance under subclause 12.3, the teacher shall give the employer at least one month’s notice of intention.

 

12.5      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 maternity allowance paid in accordance with this clause equivalent to salary for the period of maternity leave taken by the teacher.

 

12.6      The period of maternity leave will not be service for the purpose of any statutory entitlement or other entitlement under the award.

 

12.7      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.

 

12.8      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 nine weeks following the teacher’s confinement.

 

12.9      Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.

 

12.10    Adoption Leave and Allowance

 

(a)        A teacher who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations Act 1966 and is granted such leave by the employer in accordance with these provisions, shall be entitled to an adoption allowance under the same (or comparable) conditions as those set out in this clause in relation to the maternity allowance.  Provided further that an adoption allowance shall only be payable in respect of one adopting parent of a child.

 

(b)        A teacher shall be entitled to one day’s leave with pay for the purpose of adopting any child provided that he or she is not also entitled to payment of the allowance pursuant to paragraph (a) of this sub-clause.

 

12.11    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.

 

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 paragraph (i) of this subclause, the employers are prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the said Act 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.

 

13.       LONG SERVICE LEAVE

 

13.1      Applicability of Long Service Leave Act 1955

 

Except in so far as expressly varied by the provisions of this clause, the provisions of the Long Service Leave Act 1955 shall apply to teachers employed under this award.

 

13.2      Quantum of Leave

 

Subject to subclause 13.3 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 with effect from 1 February 2001, 14 weeks;

 

(iii)       on the termination of the teacher’s employment, in respect of the service with the employer 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 and with effect from 1 February 2001, 2.0 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, be a proportionate amount on the basis of 13 weeks for ten years service.

 

13.3      Calculation of Entitlement

 

In the case of a teacher whose service with an employer began before 15 August 2001, 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 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 clause 12, Long Service Leave, of the Teachers (Catholic Independent Schools) (State) Award** (published 21 August 1998, 306I.G.295) in respect of the period from 30 January 1995 to 1 February 2001; and

 

(d)        an amount calculated on the basis of the provisions of this clause from 1 February 2001.

 

(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.

 

**The provisions of this award were the same as the provisions in the current award applicable to the period prior to 1 February 2001).

 

(e)        Certain Independent Schools

 

Notwithstanding the provisions of this sub-clause some employer enterprise agreements provided for different rates of long service leave in periods prior to 15 August 2001.

 

13.4      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)        A teacher may request and be granted up to one weeks leave without pay to be taken in addition to long service leave such that the total period of leave comprises one or more complete school terms.

 

(c)        Long Service leave will be exclusive of pupil vacation periods adjacent to or within the period of leave.  Provided however that in the case only of a teacher who wishes to take a short block of long service leave immediately before or immediately after a pupil vacation period but not in accordance with subclause 13.9 (Long Service Leave in Short Blocks) nor in accordance with other school policy on long service leave then the employer may impose that the leave is inclusive of the pupil vacation period adjacent to or within the period of leave.

 

(d)        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.

 

13.5      A period of long service leave will be exclusive of a public holiday falling within it.

 

(Notation:  A contrary provision applied under previous awards in place from 1 January 1985 until 15 August 2001).

 

13.6      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 12, Parental Leave and Allowances) 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.

 

13.7      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 long 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.

 

13.8      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, the employer will ordinarily consent to such arrangement where the teacher has had five years continuous service with that employer.  However such leave without pay will ordinarily be approved for terms in the same year.

 

13.9      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.

 

14.       RENEWAL LEAVE

 

14.1      The parties to this award recognise that the quality of teaching and students’ educational outcomes may be improved by teachers’ experiences out of the school environment, including further education, professional experience, alternative employment in industry, opportunities to cope with personal or family demands and leisure activities.

 

14.2      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 the 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.

 

14.3      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.

 

15.       OTHER LEAVE

 

15.1      Bereavement Leave

 

(a)        A teacher shall on the death 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 its absolute discretion, may grant the teacher additional leave as leave without pay or leave with pay.

 

(c)        Where a teacher requests leave to attend a funeral of a person not specified in paragraph (a) of this subclause, the employer in its 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) of this subclause, such leave will be deducted from the teacher’s entitlement to sick leave in accordance with clause 10, 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 11, 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 11.4 of clause 11, 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 business.

 

15.2      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.

 

15.3      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.

 

15.4      Jury Service

 

(a)        A full-time or part-time teacher required to attend for jury service during ordinary working hours shall be provided with paid leave for this purpose.  The teacher shall be required to reimburse to the employer any monies payable to the teacher for such attendance (excluding reimbursement of expenses) which required the teacher’s absence from school.

 

(b)        The teacher shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service.  The teacher shall provide to the employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance.

 

15.5      Short Community Service

 

Where a teacher’s involvement in a community service activity has been approved by the employer after consideration of the needs of the school, a teacher shall be entitled to leave of not more than five days in any school year (unless agreed with the employer) for emergency leave for service to the community.  Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.

 

15.6      Overseas Volunteer Programs

 

(a)        A full-time or part-time teacher shall be entitled to leave without pay to work in a recognised overseas volunteer program in accordance with this subclause.  Such leave shall normally be granted for one year but may be granted for up to two years if required by the relevant volunteer program and agreed by the employer.

 

(b)        A teacher is eligible for leave after completion of five years continuous service with the employer.  An application for leave shall be accompanied by evidence of approval to work in the scheme and the proposed period of leave.

 

(c)        Such leave without pay shall not count as service with the employer for the purpose of long service leave.

 

16.       TERMINATION

 

16.1      Period of Notice

 

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.

 

16.2      Summary Dismissal

 

The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.

 

16.3      Payment on Termination

 

A full-time, part-time or temporary teacher shall be entitled on termination of employment to a payment calculated in accordance with this clause which will apply:

 

(a)        in lieu of the corresponding provisions of the Annual Holidays Act, 1944; and

 

(b)        notwithstanding any other provisions in this award.

 

16.4      Calculation of Payments

 

(a)        A payment made pursuant to this clause to a teacher whose teaching hours have remained constant during the school year in which the termination is effective shall be calculated in accordance with the following formula:

 

Step 1    A x B   =  D

                   C

 

Step 2    D - E   =  F

 

Step 3    F x G   =  H

                  2

 

where:

 

A is the number of term weeks worked by the teacher since the school service date

 

B is the number of non-term weeks in the school year

 

C is the number of term weeks in the school year

 

D is the result in weeks

 

E is the number of non-term weeks worked by the teacher since the school service date

 

F is the result in weeks

 

G is the teacher’s current fortnightly salary

 

H is the amount due

 

(b)        A payment made pursuant to this clause to a teacher whose teaching hours have varied during the course of the school year in which the termination is effective shall be calculated in accordance with the following formula:

 

Step 1    A - B   = C

 

Step 2    C x D  =  F

                   E

 

Step 3    F - B  =  G

where:

 

A is the total salary paid to the teacher since the school service date

 

B is the salary paid to the teacher in respect of non-terms weeks since the school service date

 

C is the salary paid to the teacher in respect of term weeks since the school service date

 

D is the total number of non-term weeks in the school year

 

E is the total number of term weeks in the school year

 

F is the result in dollars

 

G is the amount due

 

16.5      Statement of Service

 

Refer to subclauses 3.6 and 3.7 of clause 3, Terms of Engagement.

 

17.       Occupational Superannuation (Contribution by Employer)

 

17.1      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 4.1 and 4.7 of clause 4, Salary; and

 

(ii)        the amount of any allowance which is prescribed from time to time for the employee by subclauses 4.2 of the clause 4 Salary and clause 5, Promotions Positions of this award; and

 

(iii)       the amount of any payment made to the employee pursuant to clause 7, Annual Adjustment of Salary, or clause 16, Termination.

 

(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.

 

17.2      Fund

 

The New South Wales Non-Government Schools Superannuation Fund shall be made available by each employer to each employee.

 

17.3      Benefits

 

(a)        Except as provided in paragraphs (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 of 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.

 

17.4      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 (e) of subclause 17.3 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.

 

18.       Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in Section3 (f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in this award the parties have obligations to ensure that the operation of the provision 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 of operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee who has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)        Nothing in this clause is to be taken to effect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

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

 

(iii)       a party to this award from pursuing matters of unlawful discrimination.

 

(e)        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.

 

(i)         Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation.

 

(ii)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that confirms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

19.       FAIR PROCEDURES FOR INVESTIGATING COMPLAINTS OF CHILD ABUSE

 

19.1      Definitions

 

For the purpose of this clause:

"Child" means a person under the age of 18 years.

 

"Child abuse" means:

 

(a)        assault (including sexual assault) of a child, or

 

(b)        ill-treatment or neglect of a child, or

 

(c)        exposing or subjecting a child to behaviour that psychologically harms the child, whether or not, in any case, with the consent of the child.

 

"Child abuse allegation" means an allegation of child abuse against an employee or an allegation of misconduct that may involve child abuse.

 

19.2      Natural Justice to employees in dealing with child abuse allegations

 

An employee, against whom a child abuse allegation has been made in the course of employment, is to be informed by his or her employer (or the person delegated by his or her employer to do so) of the child abuse allegation made against them and be given:

 

(a)        an opportunity to respond to the child abuse allegation; and

 

(b)        sufficient information to enable them to respond to the child abuse matters alleged against them.  He or she must be given full details unless the Police or other government agency involved in the investigation of the matters alleged against the employee, have otherwise directed the employer not to do so.

 

Where an interview is required, the employee shall be advised in advance of the general purpose of any interview relevant to the child abuse allegation and the names and positions of persons who will be attending the interview; the right to be advised of an entitlement to be accompanied by a person of the employee’s choice (a witness), and sufficient notice of the proposed meeting time to allow such witness to attend.  Such witness may be a union representative.

 

19.3      Access to files

 

(a)        Such employee is to be informed by his or her employer of the location of any files which the employer holds relating to the employee, concerning a child abuse allegation made against the employee.

 

(b)        The employee may, subject to giving reasonable notice, have the right to inspect such files held by the employer.

 

(c)        The employer may restrict or withhold access to any such file, or part of a file, where the employer has reason to believe that the provision of access would either;

 

(i)         compromise or put at risk the welfare or safety of a child who is the alleged victim or subject of the child abuse allegation, or

 

(ii)        contravene any statutory provision, or guideline or policy directive of an government authority or agency, in relation to the reporting or investigation, including Police criminal investigation, or any child abuse allegations, or

 

(iii)       prevent the employer from conducting or completing the investigation or reporting of the details of a child abuse allegation against an employee, in compliance with any statutory deadline.

 

19.4      Additional Documentation from Employee

 

(a)        An employee against whom a child abuse allegation has been made may submit to his or her employer documentation, in response to the matters alleged against him or her.

 

(b)        The employer must place such documentation on the file held by the employer concerning the child abuse allegation made against the employee.

 

19.5      Confidentiality of documents and files

 

(a)        The employer must implement procedures to safeguard the confidentiality of any file held by the employer concerning any child abuse allegation made against an employee.

 

20.       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.

 

21.       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.

 

21.1      Without prejudice to other party, the parties shall ensure the continuation of work in accordance with this award and custom and practice in the workplace.

 

21.2      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.

 

21.3      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.

 

21.4      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 Relations.

 

21.5      If this matter cannot be resolved at this level it may be referred to the Industrial Relations Commission of New South Wales.

 

21.6      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.

 

22.       No Extra Claims

 

22.1      It is a term of this award that the union will not make or pursue any extra award claims for improvements in wages or other terms and conditions of employment -

 

(a)        for List C and List D employers until 31 December 2003; and

 

(b)        for List A and List B employers, until 31 August 2004;

 

22.2      The parties agree that the wage increases provided for in this award are in lieu of any improvements in wages provided for under any decision of the Industrial Relations Commission of New South Wales (including any State Wage Case decision) handed down prior to or during the nominal term of this award and until the dates prescribed in subclause 22.1 for the respective employers and no claim can be made for such increases.

 

23.       Area Incidence and Duration

 

23.1      This award replaces and rescinds the Teachers (Catholic Independent Schools) (State) Award published 21 August 1998 (306 I.G.295) as varied.

 

23.2      It shall apply to all teachers and teacher/librarians employed in any recognised Catholic school or special school registered under the provisions of the Education Act 1990 including the following:

 

Berne Education Centre, Lewisham

Boys’ Town, Engadine

Brigidine College, St Ives

Christian Brothers High School, Lewisham

Edmund Rice College, Wollongong

Holy Saviour School, Greenacre

Mater Dei Ltd

Mt Erin High School, Wagga Wagga

Mt St Benedict High School, Pennant Hills

Mt St Joseph Milperra Ltd

Oakhill College, Castle Hill

Our Lady of Lebanon College, Harris Park

Our Lady of Mercy College, Parramatta

Red Bend Catholic College, Forbes

Santa Sabina College Ltd

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 Edward’s College, East Gosford

St Gabriel’s School, Castle Hill

St Gregory’s Armenian College, Rouse Hill

St Gregory’s College, Campbelltown

St Joseph’s College, Hunters Hill

St Lucy’s School, Wahroonga

St Maroun’s School, Dulwich Hill

St Mary’s College, Gunnedah

St Patrick’s College, Campbelltown

St Patrick’s College, Strathfield

St Paul’s International College, Moss Vale

St Pius X College, Chatswood

St Scholastica’s College, Glebe

Trinity Catholic College, Lismore

Waverley College, Waverley

 

and excluding Catholic schools operated by the Archdioceses 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 2001 (made on 21 June 2001).

 

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.

 

23.3      It shall take effect from 15 August 2001 and remain in force until 31 December 2003.

 

PART B

 

MONETARY RATES

 

Table 1A - Annual Salary

 

Step	Annual Salary from the first full pay period on or after 1 July 2001 (3%) $	Annual Salary from the first full pay period on or after1 July 2002 (3%) $	(OOPS) One off payment to be paid on1 Sept. 2002 $	Annual Salary from the first full pay period on or after1 Feb. 2003 (4%) $	(OOPS) One off payment to be paid on1 Sept. 2003 $	Annual Salary from the first full Pay period on or After 1 Feb2004 (3%) $
1	31,162	32,097	401	33,381	417	34,382
2	33,184	34,180	427	35,547	444	36,613
3	35,394	36,456	456	37,914	474	39,051
4	37,228	38,345	479	39,879	498	41,075
5	39,250	40,428	505	42,045	526	43,306
6	41,275	42,513	531	44,214	553	45,540
7	43,294	44,593	557	46,377	580	47,768
8	45,320	46,680	583	48,547	607	50,003
9	47,340	48,760	610	50,710	634	52,231
10	49,364	50,845	636	52,879	661	54,465
11	51,387	52,929	662	55,046	688	56,697
12	53,410	55,012	688	57,212	715	58,929
13	55,432	57,095	714	59,379	742	61,160
Senior
Teacher	57,184	58,900	736	61,256	766	63,094
Level 1

 

This table applies to teachers employed by St Clare’s College, Waverley.

 

Table 1B(i) - Annual Salary

 

Step	Annual Salary from the first full pay period on or after 1 July 2001 (3%) $	Annual Salary from the first full pay period on or after1 July 2002 (3%) $	(OOPS) One off payment to be paid on1 Sept. 2002 $	Annual Salary from the first full pay period on or after1 Feb. 2003 (4%) $	(OOPS) One off payment to be paid on1 Sept. 2003 $	Annual Salary from the first full Pay period on or After 1 Feb2004 (3%) $
1	31,210	32,146	402	33,432	418	34,435
2	33,234	34,231	428	35,600	445	36,668
3	35,447	36,510	456	37,970	475	39,109
4	37,285	38,404	480	39,940	499	41,138
5	39,310	40,489	506	42,109	526	43,372
6	41,335	42,575	532	44,278	553	45,606
7	43,361	44,662	558	46,448	581	47,841
8	45,387	46,749	584	48,619	608	50,078
9	47,412	48,834	610	50,787	635	52,311
10	49,438	50,921	637	52,958	662	54,547
11	51,464	53,008	663	55,128	689	56,782
12	53,488	55,093	689	57,297	716	59,016
13	55,516	57,181	715	59,468	743	61,252
Senior	57,269	58,987	737	61,346	767	63,186
Teacher
Level 1

 

This table applies to teachers employed by Brigidine College, St. Ives and Our Lady of Mercy College, Parramatta.

 

Table 1B(ii) - Annual Salary

 

Step	Annual Salary from the first full pay period on or after 1 July 2001 (3%) $	Annual Salary from the first full pay period on or after1 July 2002 (3%) $	(OOPS) One off payment to be paid on1 Sept. 2002 $	Annual Salary from the first full pay period on or after1 Feb. 2003 (4%) $	(OOPS) One off payment to be paid on1 Sept. 2003 $	Annual Salary from the first full Pay period on or After 1 Feb2004 (3%) $
1	31,164	32,099	401	33,383	417	34,384
2	33,187	34,183	427	35,550	444	36,617
3	35,399	36,461	456	37,919	474	39,057
4	37,231	38,348	479	39,882	499	41,078
5	39,254	40,432	505	42,049	526	43,310
6	41,276	42,514	531	44,215	553	45,541
7	43,299	44,598	557	46,382	580	47,773
8	45,323	46,683	584	48,550	607	50,007
9	47,343	48,763	610	50,714	634	52,235
10	49,366	50,847	636	52,881	661	54,467
11	51,391	52,933	662	55,050	688	56,702
12	53,413	55,015	688	57,216	715	58,932
13	55,437	57,100	714	59,384	742	61,166
Senior Teacher Level 1	57,186	58,902	736	61,258	766	63,096

 

This table applies to teachers employed by Santa Sabina College Ltd.

 

Table 1C - Annual Salary

 

Step	Annual Salary from 2 October 2000 (2%) $	Annual Salary from 23 July 2001 (2%) $	Annual Salary from 22 July 2002 (4%) $	Annual Salary from 29 January 2003 (4%) $
1	29,732	30,327	31,540	32,802
2	31,663	32,296	33,588	34,932
3	33,773	34,449	35,827	37,260
4	35,524	36,234	37,683	39,190
5	37,453	38,202	39,730	41,319
6	39,381	40,169	41,776	43,447
7	41,312	42,138	43,824	45,577
8	43,244	44,109	45,873	47,708
9	45,170	46,073	47,916	49,833
10	47,103	48,045	49,967	51,966
11	49,032	50,013	52,014	54,095
12	50,960	51,979	54,058	56,220
13	52,892	53,950	56,108	58,352
Senior Teacher Level 1	54,563	55,654	57,880	60,195

 

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, Strathfield; St Pius X College, Chatswood, Waverley College, Waverley.

 

Table 1D - Annual Salary

 

Step	Effective From 3 April 2000 (4%) $	Effective From 1 July 2001 (3%) $	Effective From 1 July 2002 (4%) ** $	Effective From 1 January 2003 (5%) $
1	28,348	29,198	30,366	31,884
2	30,898	31,825	33,098	34,753
3	32,958	33,947	35,305	37,070
4	34,665	35,705	37,133	38,990
5	36,549	37,645	39,151	41,109
6	38,431	39,584	41,167	43,225
7	40,314	41,523	43,184	45,343
8	42,199	43,465	45,204	47,464
9	44,081	45,403	47,219	49,580
10	45,964	47,343	49,237	51,699
11	47,846	49,281	51,252	53,815
12	49,732	51,224	53,273	55,937
13	52,000	53,560	55,897	58,692
Senior Teacher 1	53,000	54,378	56,278	58,692
Senior Teacher 1*	53,225	54,822	57,015	59,866

 

*          applies to Mt St Benedict High School, Pennant Hills; St Augustine's College, Brookvale; St Gregory’s College, Campbeltown and St Scholastica’s College, Glebe only.

 

**        Step 13 salary level will be fully equated with the Step 13 in the Government sector on 1 July 2002

 

From the 1 July 2003 and amount of $300 per annum shall be paid to teachers at the top of the common incremental scale (that is Step 13 and teachers classified as Senior Teacher 1 but paid at the same rate as Step 13 that is $58,692).  From 1 January 2004 the common incremental salary scale shall include the amount of $300 per annum.  The parties agree to review the implementation of this increase in relation to teachers holding Promotions Positions.

This table applies to teachers employed by employers in List D in paragraph (a) of sub clause 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 & Assistant Principal Allowances

 

	Annual Allowances from the first full pay period on or after 1 July 2001 (3%) $	Annual Allowances from the first full pay period on or after 1 July 2002 (3%) ($)	Annual Allowances from the first full pay period on or after 1 Feb.2003 (4%) $	Annual Allowances from the first full pay period on or after 1 Feb.2004 (3%) $
Senior Teacher Level 2	3,169	3,264	3,395	3,497
Co-ordinator 1	3,169	3,264	3,395	3,497
Co-ordinator 2	6,340	6,530	6,791	6,995
Co-ordinator 3	9,507	9,792	10,184	10,490
Assistant Principal - Secondary
Enrolment
201-300	14,000	14,420	14,997	15,447
301-600	15,750	16,223	16,872	17,378
601-900	17,500	18,025	18,746	19,308
901+	19,247	19,824	20,617	21,236
Assistant Principal - Primary
Enrolment
201-250	10,745	11,067	11,510	11,855
251-400	12,331	12,701	13,209	13,605
401-600	14,000	14,420	14,997	15,447
601-800	15,750	16,223	16,872	17,378
801+	17,477	18,001	18,721	19,283

 

This table applies to teachers employed by St Clare’s College, Waverley.

 

Table 2B(i)- Co-ordinator & Assistant Principal Allowances

 

	Annual Allowances from the first full pay period on or after 1 July 2001 (3%) $	Annual Allowances from the first full pay period on or after 1 July 2002 (3%) $	Annual Allowances from the first full pay period on or after 1 Feb. 2003 (4%) $	Annual Allowances from the first full pay period on or after 1 Feb. 2004 (3%) $
Senior Teacher Level 2	3,184	3,280	3,411	3,513
Co-ordinator 1	3,184	3,280	3,411	3,513
Co-ordinator 2	6,367	6,558	6,820	7,025
Co-ordinator 3	9,552	9,839	10,233	10,540
Assistant Principal - Secondary Department Enrolment at previous year's census date
601-900	17,491	18,016	18,737		19,299
900+	19,241	19,818	20,611		21,229

 

This table applies to Brigidine College, St. Ives and Our Lady of Mercy, College, Parramatta.

 

Table 2B (ii)- Co-ordinator & Assistant Principal Allowances

 

	Annual Allowances from the first full pay period on or after 1 July 2001 (3%) $	Annual Allowances from the first full pay period on or after 1 July 2001 (3%) $	Annual Allowances from the first full pay period on or after 1 Feb. 2003 (4%) $	Annual Allowances from the first full pay period on or after 1 Feb. 2004 (3%) $
Senior Teacher 2	3,180	3,275	3,406	3,508
Co-ordinator 1	3,180	3,275	3,406	3,508
Co-ordinator 2	6,359	6,550	6,812	7,016
Co-ordinator 3	9,540	9,826	10,219	10,526
Assistant Principal Secondary Enrolment in a secondary department at previous year's census date.
201-300	13,976	14,395	14,971		15,420
301-600	15,723	16,195	16,843		17,348
601-900	17,469	17,993	18,713		19,274
901+	19,217	19,794	20,586		21,204
Co-ordinator (Step 9 - Secondary	6,359	6,550	6,812		7,016
Co-ordinator (Step 7) - Primary	6,359	6,550	6,812		7,016
Assistant Principal - Primary Enrolment in a Primary Department at previous year's census date.
101-250	10,658	10,978	11,417		11,760
251-400	12,228	12,595	13,099		13,492
401-600	13,975	14,394	14,970		15,419
601-800	15,723	16,195	16,843		17,348
800+	17,469	17,993	18,713		19,274

 

This table applies to teachers employed by Santa Sabina College Ltd.

 

Table 2C - Co-ordinator & Assistant Principal Allowances

 

	Annual Allowances From 2 October 2000 (2%) $	Annual Allowances From 23 July 2001 (2%) $	Annual Allowances From 22 July 2002 (4%) $	Annual Allowances From 29 January 2003 (4%) $
Co-ordinator 1	2,998	3,058	3,180	3,307
Co-ordinator 2	5,991	6,111	6,355	6,609
Co-ordinator 3	8,988	9,168	9,535	9,916
ST2	2,998	3,058	3,180	3,307
Assistant Principal - Secondary department
Enrolment at previous year’s census date
201-300	13,360	13,627	14,172		14,739
301-600	15,032	15,333	15,946		16,584
601-900	16,701	17,035	17,716		18,425
901+	18,370	18,737	19,486		20,265
Assistant Principal - Primary department
Enrolment in Primary department at previous year’s census date
101-250	10,254	10,459	10,877		11,312
251-400	11,769	12,004	12,484		12,983
401-600	13,360	13,627	14,172		14,739
601-800	15,032	15,333	15,946		16,584
801+	16,701	17,035	17,716		18,425

 

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 Edwards 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 College, Chatswood; Waverley College, Waverley.

 

Table 2D (i)- Co-ordinator & Assistant Principal Allowances

 

Position	Annual Allowances From 3 April 2000 (4%) $	Annual Allowances From 1 July 2001 (3%) $	Annual Allowances From 1 July 2002 (4%) $	Annual Allowances From 1 January 2003 (5%) $
Senior Teacher 2	2,965	3,276	3,544	3,921
Co-ordinator 1	2,965	3,276	3,544	3,921
Co-ordinator 2	5,929	6,551	7,088	7,842
Co-ordinator 3	8,895	9,827	10,632	11,763
Assistant Principal - Secondary Enrolment in a Secondary Department at previous year’s census date
201-300	13,035	13,426	13,963	14,661
301-600	14,666	15,106	15,710	16,496
601-900	16,296	16,785	17,456	18,329
901-1200	17,923	18,461	19,199	20,159
1200+	19,554	20,141	20,947	21,994
Assistant Principal - Primary Enrolment in a Primary Department at previous year’s census date
101-250	10,005	10,305	10,717	11,253
251-400	11,483	11,827	12,300	12,915
401-600	13,035	13,426	13,963	14,661
601-800	14,666	15,106	15,710	16,496
800+	16,296	16,785	17,456	18,329
Assistant Principal - ST1 Allowance*	225	444	737	1174

*          This allowance does not apply to Mt. St Benedict High School, Pennant Hills;St Augustine's College, Brookvale; St Gregory’s College, Campbelltown or St. Scholastica’s College, Glebe.

 

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.

 

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
	Effective from 3 April 2000 (4%) $	Effective from 1 July 2001 (3%) $	Effective From 1 July 2002(4%) $	Effective From 1 January2003 (5%) $
Co-ordinator 1	2,965	3,276	3,544	3,921
Co-ordinator 2	5,929	6,551	7,088	7,842
Co-ordinator 3	8,895	9,827	10,632	11,763
ASSISTANT PRINCIPALS	ANNUAL SALARY
Primary Schools
	Effective from 3 April 2000 (4%) $	Effective from 1 July 2001 (3%) $	Effective From 1 July 2002(4%) $	Effective From 1 January2003 (5%) $
101-250	63,230	65,127	67,732	71,119
251-400	64,708	66,649	69,315	72,781
401-600	66,260	68,248	70,978	74,527
601-800	67,891	69,928	72,725	76,361
801+	69,521	71,607	74,471	78,195
Secondary Schools
201-300	66,260	68,248	70,978	74,527
301-600	67,891	69,928	72,725	76,361
601-900	69,521	71,607	74,471	78,195
900-1200	71,148	73,282	76,213	80,024
1200+	72,779	74,962	77,960	81,858

 

 

Table 3 - Other Rates

 

Item No.	Brief Description	From 3 April 2000 (4%) $	From 1 July 2001 (3%) $	From 1 July 2002 (4%) $	From 1 January 2003 (5%) $
1	(i)         Full-time Teacher              teaching classes of              children with a              disability (ii)        Part-time or Casual              Teachers teaching              classes of children with              a disability	1587 per annum     7.78 per day	1635 per annum     8.01 per day	1700 per annum     8.34 per day	1785 per annum     8.75 per day
2	Principal Teachers of school for children with a disability for each Teacher supervised	249 per annum per teacher	256 per annum per teacher	266 per annum per teacher	279 per annum per teacher
3	Maximum payment per annum under Item 2	1289 per annum	1327 per annum	1381 per annum	1450 per annum
4	Own car allowance where use authorised by the school	0.51 per km	0.51 per km	0.51 per km	0.51 per km

 

 

ANNEXURE A

 

1.         TEACHER CLASSIFICATIONS AND TEACHER-LIBRARIANS

 

This Annexure contains more detail concerning qualifications equivalent to those specified for classifications in clause 2, Definitions, of this award.

 

(a)        Four Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

(i)         A teacher who has satisfactorily completed a four years’ training course at Sydney Teachers’ College and the New South Wales Conservatorium of Music; or

 

(ii)        A teacher who has satisfactorily completed a four years’ diploma of Art course that incorporates the equivalent of a one year’s full-time course in teacher education at a recognised higher education institution; or

 

(iii)       A teacher, who in addition to satisfying the requirements for classification as a Three Years Trained Teacher, 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 being a graduate, has completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution; or

 

(v)        A teacher, who in addition to being a graduate, is eligible for Associate (Professional) Membership of the Library Association of Australia.

 

(b)        Three Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

(i)         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

 

(ii)        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

 

(iii)       A teacher employed as a teacher-librarian who is eligible for Associate (Professional) Membership of the Library Association of Australia, but is not a graduate.

 

(c)        Two Years Trained Teacher includes a teacher with the following equivalent qualifications:

 

(i)         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

 

(ii)        A teacher who was classified as a One Year Trained Teacher prior to the introduction of this award and who in addition to the qualifications necessary for that classification, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution

 

2.         TEACHER-LIBRARIANS

 

The role description of a Teacher-Librarian is as follows:

 

A Teacher-Librarian, where appointed in a school, is a member of the school’s professional staff and is responsible to the principal for:

 

(a)        participating in the teaching of information literacy in the context of the total curriculum; and

 

(b)        assisting in the management of the school’s information resources and services to facilitate learning/teaching.

 

This framework for the role of the Teacher-Librarian is necessarily broad and recognises that each role is significantly shaped by local needs and circumstances.  It aims to identify the key accountabilities in the role but does not seek to nominate specific strategies for their implementation.  It is the responsibility of each Principal to identify and document these for a given school.

 

THE ROLE DESCRIPTION WHICH IS DEVELOPED AT EACH SCHOOL SHOULD:

 

*          promote the role of Teacher-Librarian within the school

 

*          facilitate effective and valid appraisal

 

*          assist in establishing a professional development agenda for the Teacher Librarian

 

KEY ACCOUNTABILITIES

 

WITHIN THE SCHOOLTHE TEACHER-LIBRARIAN IS EXPECTED TO:

 

*          show a commitment to the Church’s mission in Catholic education

 

*          have a professional involvement in the learning and teaching program of the school by collaborating with teachers in curriculum development, implementation and development

 

*          initiate and co-operate in programs to ensure students become discerning users of information to enable them to achieve the learning outcomes specified in the school’s education programs

 

*          play a role in the whole schools information technology program

 

*          provide experiences to encourage reading, literacy, and information usage

 

*          develop, organise and manage information resources which meet the educational, cultural and recreational needs of students and the professional needs of teachers

 

*          facilitate access to external sources of information

 

*          take responsibility for library management

 

*          participate in activities which support the development of the school community

 

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 __________________

                                                                                                                               (Date)

 

 

 

_________________________     ____________________

             (Signature of Teacher)                        (Date)

 

 

Part to be Completed by Former Catholic Employer:

 

_________________________ was employed by the employer as a teacher and

             (Name of Teacher)

 

ceased work on ________________________.

                                                   (Date)

 

At that time, untaken sick leave with the employer over the proceeding years of continuous service is as follows:

 

_________________________ (Date)

 

 

(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

 

 

_________________________                  _________________________

             (Signature of Employer)                                  (Date)

 

M. SCHMIDT  J

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.