TEACHERS (INDEPENDENT SCHOOLS EARLY CHILDHOOD SERVICE CENTRES OTHER
THAN PRE-SCHOOLS)
(STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Independent
Education Union, industrial organisation of employees, for a new award.
(No. IRC 6707 of 2001)
Before the Honourable Justice Schmidt
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19 October 2001
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AWARD
ARRANGEMENT
PART A
Clause
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Subject Matter
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1.
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Title
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2.
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Definitions
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3.
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Salaries
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4.
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Shift And Penalty Loadings
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5.
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Directors’ Allowance
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6.
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Annual Leave
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7.
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Annual Holiday Loading
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8.
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Sick Leave
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9.
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Carer’s Leave
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10.
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Other Leave
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11.
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Hours Of Work
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12.
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Miscellaneous
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13.
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Union Representatives
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14.
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Terms Of Engagement And Information To Be Provided To
Teachers
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15.
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Disputes And Grievance Procedures
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16.
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Savings Clause
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17.
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Superannuation
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18.
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Enterprise Consultation
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19.
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Labour Flexibility
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20.
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Anti-Discrimination
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21.
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Area, Incidence And Duration
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PART B
MONETARY RATES
Table
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Subject Matter
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1
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Rates Of Pay
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2
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Directors’ Allowances
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3
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Other Rates and Allowances
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PART A
1. Title
This award shall be known as the Teachers (Independent
Schools Early Childhood Service Centres Other than Pre-Schools) (State) Award.
2. Definitions
For the purposes of this award, except for subclause (c) of
this clause and Clause 5, Directors’ Allowance, hereof, all reference to
teachers in this award shall include Director, and:
(a) "Teacher"
means any person employed as such in an Early Childhood Services Centre (ECS
Centre) as defined in subclause (d) of this clause, holding Early Childhood
qualifications as defined in subclauses (n), (o) and (p) of this clause.
(i) "Full-time
Teacher" means any teacher other than a casual, temporary, or part-time
teacher.
(ii) "Part-time
Teacher" means any teacher who is engaged to work regularly at an ECS
Centre and not more than 0.8 of the normal hours which a full-time teacher at
the Centre is required to work provided that a part-time teacher may work up to
0.9 of the normal hours of a full-time teacher if he or she is entitled to a
preparation session equivalent to 0.1 of a teacher's normal hours. Provided further that a part-time teacher
employed as at 31 January 1990 shall not be required by that employer to work
in excess of 0.8 of the normal hours of a full-time teacher.
(iii) "Temporary
Teacher" means a teacher employed to work full-time or part-time for a
specified period, which is not more than a full ECS Centre year but not less
than 20 days. Provided that a teacher
may be employed for a specific period in excess of a full year but not more
than two full years where such a teacher is replacing a teacher who is on leave
for a specified period in excess of a full year.
(iv) "Casual
Teacher" means a teacher engaged as required by an employer for up to 20
working days in any one period of employment.
Provided that the period may be extended as required by the employer if
the employer has been notified that the permanent teacher will be absent beyond
the 20 day period.
(b) "Centre
Year" means the number of weeks for which a particular ECS Centre is open
over the course of a calendar year.
(c) "Director"
means the teacher who is responsible for the day to day operation of the Early
Childhood Services Centre as defined in subclause (d) of this clause holding
Early Childhood qualifications as defined in subclauses (n), (o) and (p) of
this clause.
(d) "Early
Childhood Services (ECS) Centre" means an establishment which provides
child care and/or educational development programmes and/or services for
children under school age and shall include early intervention services, long
day care centres and multi-purpose centres.
It shall not include a Pre-School.
(i) "Early
Intervention Services" means individual programmes for developmentally
delayed or disabled children, or children at risk of being developmentally
delayed or disabled, aged 0-6 years, aimed at providing assistance to the child
and its family in the areas of physical, emotional, social and educational
needs;
[NOTATION:
Where the hours and conditions of work of a teacher employed in an Early
Intervention Service approximate those hours and conditions of a teacher
employed in a recognised Pre-School, such conditions and hours shall apply to
that teacher in accordance with the relevant provisions of the Teachers
(Independent Schools) (State) Award.)]
(ii) "Long
Day Care Centre" means a child care establishment which usually provides
services over a period of approximately eight hours or more each day for
approximately 48 weeks or more during the year;
(iii) "Multi-Purpose
Centre" means a child care establishment which usually provides the
services of a long day care centre, together with the services of a full-day
care centre and/or a sessional care centre.
(e) "Pre-School"
means a kindergarten, day school or nursery school which usually operates
during hours and terms which approximate those of a recognised school and which
usually provides programmes for children aged 3-6 years.
(f) "Unit"
means a group or class of children, which does not at any one time exceed 25
children, but which need not necessarily consist of the same children at all
times.
(g) "Infants
Department" means Kindergarten, Grades 1 and 2 in a recognised school.
(h) "Recognised
School" means a school registered under the provisions of the Education Reform Act 1990.
(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, Australian teachers college or Australian
institute of education recognised by the Tertiary Education Commission.
(j) "Graduate"
means a teacher who holds a degree from a recognised higher education
institution.
(k) "Category
UG2 Level" means a course of study leading to a category UG2 Diploma Award
as described in Statement No. 1, Nomenclature and Guidelines for Awards in
Advanced Education, August 1972 (as amended), issued by the Australian Council
on Awards in Advanced Education, and recognised by the said Council for
inclusion in the National Register of Awards in Advanced Education.
(l) "Category
PGl Level" means a course of study leading to a category PGl Graduate
Diploma (at the 19.1 level) as described in Statement No. 1, Nomenclature and
Guidelines for Awards in Advanced Education, August 1972 (as amended), issued
by the Australian Council on Awards in Advanced Education, and recognised by
the said Council for inclusion in the National Register of Awards in Advanced
Education.
(m) "Equivalent
Qualifications or Equivalent Course" means a qualification or course as
the case may be which the employer and the employee agree as being equivalent
to the qualification or course prescribed by the clause in question in this
award, or which the Industrial Relations Commission of New South Wales
determines as being so equivalent or accepted as equivalent by the National
Office of Overseas Skills Recognition of the Australian Department of
Employment Education and Training.
(n) "Two
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a two years full-time course of study in Early
Childhood Education at a recognised higher education institution; or
(ii) A teacher who
was employed as a Two Years Trained Teacher as at 1 February 1991; or
(iii) A teacher who
has acquired other equivalent qualifications.
(o) "Three
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a three years full-time course of study in Early
Childhood Education at a recognised higher education institution; or
(ii) A teacher
who, in addition to satisfying the requirements for classification as a Two
Years Trained Teacher, has satisfactorily completed a course of study in Early
Childhood Education at Category UG2 level; or
(iii) A teacher who
was employed as a Three Years Trained Teacher as at 1 January 1985; or
(iv) A teacher who
has acquired other equivalent qualifications; or
(v) A three year
Primary School trained teacher who has been recognised as equivalent by the New
South Wales Department of Community Services.
(p) "Four
Years Trained Teacher" means:
(i) A teacher who
is a graduate holding B.Ed (Early Childhood) (four years full-time course); or
(ii) A teacher who
is a graduate and who holds a Diploma in Early Childhood Education from a
recognised higher education institution; or
(iii) A teacher who
has, in addition to satisfying the requirements for classification as a Three
Years Trained Teacher, satisfactorily completed a course of study in Early
Childhood Education at Category PGl Level; or
(iv) A teacher who
was employed as a Four Years Trained Teacher as at 1 January 1985; or
(v) A teacher who
has acquired other equivalent qualifications; or
(vi) A four year
Primary School trained teacher who has been recognised as equivalent by the New
South Wales Department of Community Services.
(q) "Union"
means the New South Wales Independent Education Union.
3. Salaries
3.1 The minimum
fortnightly salary payable to full-time teachers shall, subject to the other provisions
of this award, be calculated by dividing the rates as set out in Table 1, Rates
of Pay of Part B, Monetary Rates by 26.07.
(a) Two Years
Trained Teachers
A Two Years Trained Teacher shall commence on Step 1 of
the scale and progress according to normal years of service to Step 9 of the
scale.
A Two Years Trained Teacher who, without satisfying
additional academic requirements, completes three years of service on the rate
prescribed for Step 9 and has completed 120 hours of professional development
over a period of five years prior to the teacher’s application for progression
may apply for progression to step 10 and thereafter progress to Step 13 after
completion of two years’ service on each of Step 10, Step 11 and Step 12 of the
scale.
The teacher making application for progression must
demonstrate to the employer high skills and competencies based on the teacher’s
professional involvement within the centre and participation in in-service or
tertiary study. Deemed to be relevant to the Two Years Trained Teacher’s
employment by the employer.
A Two Years Trained Teacher, who, by further study
satisfactorily completes the equivalent of one third of a degree course in
Early Childhood Studies, shall be paid an additional increment with retention
of normal incremental date and shall thereafter progress in accordance with
normal years of service to Step 9 of the scale.
(b) Three Years
Trained Teachers
(i) A Three Years
Trained Teacher shall commence on Step 3 of the scale and progress according to
normal years of service to Step 13 of the scale.
(ii) A Three Years
Trained Teacher being paid on Steps 3 to 13 of the scale who, by further study
satisfactorily completes the equivalent of one third of degree course, shall
receive a salary advance of one increment with retention of incremental date
and shall thereafter progress in accordance with normal years of service to
Step 13 of the scale.
(c) Four Years
Trained Teachers
(i) A Four Years
Trained Teacher shall commence on Step 5 of the scale and progress according to
normal years of service to Step 13 of the scale.
3.2 Transitional Arrangements - Salary Scales
As of July 1, 2001 a Teacher shall be transferred to
the step on the scale below provided that a three year trained teacher in their
seventh or eighth year of service shall be placed on step 9 on the new
scale, a three year trained teacher in their ninth year of experience
shall be placed on step 10, a three year trained teacher in tenth year of
experience shall be placed on step 11, and a three year teacher in their
eleventh year of experience shall be placed on step 12. Teachers will then progress according to
normal years of service according to clause 3.6
Incremental Scale Prior to 1 July 2001
|
New Combined Scale as of
1 July 2001
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2yt
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3yt
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4yt
|
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1
|
|
|
1
|
2
|
|
|
2
|
3
|
1
|
|
3
|
4
|
2
|
|
4
|
5
|
3
|
1
|
5
|
6
|
4
|
2
|
6
|
7
|
5
|
3
|
7
|
8
|
6
|
4
|
8
|
9
|
7,8
|
5
|
9
|
|
9
|
6
|
10
|
|
10
|
7
|
11
|
|
11
|
8
|
12
|
|
|
9
|
13
|
3.3 Part-Time
and Temporary Teachers
(a) A part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification, but in that proportion
which the teacher's normal working hours bear to the hours which a full- time
teacher at that ECS Centre is normally
required to work. For the purpose of
this calculation, the normal working hours of a full-time teacher shall be not
greater than 38 hours per week (see clause 11, Hours of Work) for a teacher
employed at an ECS Centre.
(b) The days of
attendance of a part-time teacher may be varied at the commencement of each
calendar year or by mutual agreement between the employer and the employee,
with four weeks notice in an ECS Centre. The normal hours for the purpose of
this subclause shall not be varied without agreement. Agreement will not be unreasonably withheld.
(c) A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification.
3.4 Casual
Teachers
The salary payable to a casual teacher shall be a daily,
half daily, or quarter daily rate, plus 20 per cent of such rate, which shall
be calculated as follows:
(i) The
appropriate rate prescribed by Table 1 of Part B, Monetary Rates, in accordance
with years of full-time service, shall be divided by 26.07 to provide a
fortnightly rate; provided that the maximum rate shall be as follows:
Two Years Trained
|
Fifth Step
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Three Years Trained
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Sixth Step
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Four Years Trained
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Eighth Step
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(ii) The
fortnightly rate thus obtained shall then be divided by:
(1) 10, to obtain
a daily rate of pay, or
(2) 20, to obtain
a half daily rate of pay, or
(3) 40, to obtain
a quarter daily rate of pay.
and the amount thus obtained shall then be increased by 20 per
cent of such amount.
(iii) The amount
obtained by the operation of subparagraphs (i) and (ii) of this paragraph is exclusive
of the pro rata payment to which the teacher is entitled under the Annual Holidays Act 1944.
3.5 Travelling
Expenses
(a) Where a
teacher is required to use his or her vehicle in connection with the teacher's
employment other than for journeys between home and place of employment, the
teacher shall be paid an allowance as set out in Item 1 of Table 3, Other Rates
and Allowances of Part B, Monetary Rates.
(b) Travelling and
other out of pocket expenses reasonably incurred by a teacher in the course of
duties required by the employer shall be reimbursed by the employer.
3.6 Calculation
of Service
(a) For the
purpose of this clause, any teacher if required by the employer to do so, shall
upon engagement establish to the satisfaction of the employer, the length of
his or her teaching service in any Pre-School, Early Childhood Services Centre
(ECS), Multi-Purpose Centre or in early childhood education services for
children up to eight years of age, or in the Infants Department of Schools
registered or certified under the appropriate legislation in other States or
Territories of the Commonwealth of Australia, and that period so established
shall be taken to be the length of such service for the purpose of that
employment.
(b) For the
purpose of this clause, a period of service other than service within paragraph
(a) of this subclause, shall be counted as service in accordance with the
following principles:
(i) A period of
service as a lecturer in early childhood education or child development, as a
child development officer, or as a Family Day Care Co-ordinator or equivalent
shall be recognised as service;
(ii) A period of
service as a carer in the child care industry, including service as a Family
Day Care carer (as recognised under State Government Regulations), a Child Care
Certificate worker or equivalent shall be recognised as service at the rate of
one increment for each complete three years so engaged to a maximum of four
increments.
(c) For the
purpose of calculating service:
(i) Any employment
as a full-time employee (including employment as a temporary full-time
employee) as referred to in paragraphs (a) and (b) of this subclause shall be
counted as service.
(ii) The amount of
service of a part-time teacher (including a temporary part-time teacher) shall
be calculated by reference to the ratio which the number of hours taught by the
teacher in any year bears to the normal number of hours worked by a full-time
teacher at that ECS Centre or Pre-School in the same year; provided that a
period of part-time service in terms of paragraph (b) of this subclause shall
count as service in the proportion that the part-time employment bore to
full-time employment in that occupation.
(iii) The amount of
service of a casual teacher employed in a Pre-School or ECS Centre shall be one
increment for each total of 204 full days of service or its equivalent.
(iv) Provided also
that the salary incremental date of any teacher who has taken leave without pay
may be altered by adding the period of such leave without pay to the salary
incremental date applicable to that teacher prior to the leave without pay.
3.7 Re-Classification
The transfer to a higher salary scale of a teacher who
has completed a course of training which makes the teacher eligible to be so transferred
and the progression of such teacher through the salary steps on that higher
salary scale shall be effected as follows:
(a) A teacher
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that he or
she 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
him or her eligible to be so transferred.
(b) Where an application
is made under paragraph (a) of this subclause which establishes that a teacher
is eligible to be transferred to a higher salary scale, such transfer shall
take effect:
(i) From the
beginning of the first pay period to commence on or after the date of
completion of formal course requirements.
Provided that the application for transfer is received by the employer
no later than four months after the conferral of the diploma, degree or
equivalent recognition of the completion of such course of training, or
(ii) Where the
application for transfer is not received by the employer within the time
specified in subparagraph (i) of this paragraph from the beginning of the first
pay period to commence on or after the date on which the employer receives such
application.
(c) A teacher who
has completed a course of training entitling the teacher to transfer to a
higher salary scale pursuant to this subclause shall, for the purpose of
advancing through the steps on the higher salary scale to which the teacher has
been so transferred, retain the teacher's normal salary incremental date.
Provided that if the transfer of the teacher to the
higher salary scale coincides with the teacher's normal salary incremental
date, the increment shall be applied prior to the teacher being transferred to
the higher salary scale
(d) 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.
3.8 Progression
for Two Year Trained Teachers
A two year trained
teacher referred to in clause 2 (n) above, 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 clause 3.7 (b).
(i) Tertiary
Study - courses of study undertaken at an approved tertiary institution; or
(ii) In-service -
accredited by the employer, which is conducted 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
centre,, school, or community levels as follows:
(1) Work relating to
room activities - Involvement in curriculum / resource development and
planning; involvement in reflective and adaptive practice; including knowledge
and preparation of appropriate program; relevance of methodology used; team leader, and motivation.
(2) Involvement
beyond the classroom - Sharing and learning knowledge and skills with and from
peers; involvement in co-operative planning.
(3) As a member of
the Whole Centre - Effective involvement as a team member; effective
contribution to the life of the centre
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.
A recommendation for classification or progression
pursuant to this clause, if approved by the employer, shall take effect from
the beginning of the first full pay period after the teacher is eligible for
such classification or progression or from the date of application by the
teacher, where such date is after the date on which the teacher becomes
eligible. In the case of a teacher who
becomes eligible during a period of paid leave, such classification or
progression shall take effect from the date of eligibility.
3.9 Payment
Fortnightly / Half Monthly
(a) The salary
payable to any teacher other than a casual teacher pursuant to this clause,
shall be payable either fortnightly or half-monthly.
(b) Where the pay
day for a half-monthly pay period falls on a Saturday, Sunday or public
holiday, salaries shall be paid on the day not being a Saturday, Sunday or
public holiday immediately preceding said pay day.
(c) The salary
payable to any teacher, pursuant to this clause, shall be payable at the
election of the employer by cash, cheque or Electronic Funds Transfer into an
account nominated by the employee.
3.10 Overpayments
Where excess payments are made in circumstances which
were not apparent or could not reasonably have been expected to be detected by
the teacher, the relevant parties shall seek agreement on the matter of the
overpayment including, when necessary and appropriate, discussion between the
New South Wales Independent Education Union and relevant employer
representatives.
4. Shift And Penalty Loadings
4.1 The
normal hours of operation of centres are 6.30 am to 6.30pm Monday to
Friday. If an employer should determine
to operate outside of normal hours the parties have agreed to negotiate shift
allowances that would be applicable.
5. Directors’
Allowance
5.1 Teachers
appointed as Directors shall be paid, in addition to the amounts payable
pursuant to Clause 3 of this award, an allowance in accordance with Table 2 of
Part B, Monetary Rates for Directors’ Allowance for teachers.
5.2 Any teacher
required by the employer to act as Director for at least ten consecutive
working days shall be paid for so doing at the rate prescribed for that
position.
Provided that a teacher shall not be required to carry
out such duties in an acting capacity for more than a full year except that a
teacher may be required to carry out such duties for up to two full years where
such a teacher is replacing a Director who is on leave for a specified period
in excess of a full year.
6. Annual
Leave
6.1 An employee,
on completion of 12 months' continuous service, shall be entitled to a minimum
of four weeks leave of absence on full pay.
6.2 See Annual Holidays Act 1944.
7. Annual
Holiday Loading
7.1 Subject to
subclause 7.6 of this clause, where a teacher other than a casual teacher, is
given and takes his or her annual holiday each year he or she shall be paid an
annual holiday loading calculated in accordance with this clause.
7.2 The loading
shall be payable in addition to the pay payable to the teacher for the period
of the annual holiday.
7.3 The loading
shall be calculated 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 the teacher's employment.
7.4 The loading
shall be the amount payable for the period specified in subclause 7.3 of this
clause at the rate of 17.5 per cent of the weekly equivalent of the teacher's
annual salary.
7.5 For the
purpose of this clause, "salary" shall mean the salary payable to the
teacher at the first day of the month in which the loading is payable together
with, where applicable, the allowances prescribed by subclause 5.1 of clause 5,
Directors’ Allowance, but not including any other allowances or amount
otherwise payable in addition to salary.
7.6 This clause
extends to a teacher who is given and takes an annual holiday and who would
have worked as a shift worker if he or she had not been on holiday, provided that
if the amount to which the teacher would have been entitled by way of shift
work allowances and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the teacher would have worked during
the period of the holiday exceeds the loading calculated in accordance with
this clause, then that amount shall be paid to the teacher in lieu of the
loading.
7.7 Where the
employment of a teacher is terminated and the teacher has at the time of
termination not been given and has not taken the whole of an annual holiday to
which the teacher became entitled the teacher shall be paid a loading
calculated in accordance with subclause 7.4 of this clause.
8. Sick Leave
8.1 Any full-time,
temporary or part-time teacher shall be entitled to be paid sick leave in
respect of any absence on account of illness or injury, subject to the
following conditions and limitations:
(a) For teachers
in their first year of employment at an ECS Centre the period of sick leave
shall not exceed 15 days; provided that a temporary teacher who has been
employed for part only of any calendar year shall be entitled to sick leave in
the ratio which the teacher’s period of employment bears to the whole of the
calendar year.
(b) After the
first year of service with an employer the period of sick leave, subject to
subclause 8.2 of this clause, shall not exceed in any year of service, 22
working days on full pay followed by 22 two working days on half pay.
(c) A teacher
shall not be entitled to sick leave for any period in respect of which such
teacher is entitled to workers compensation.
(d) A teacher
shall not be entitled to be paid sick leave unless the teacher notifies the
employer of the Centre (or such other person deputised by the employer) prior to
the commencement of the first organised activity at the Centre 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 employer or was unable to take such steps.
(e) Other than in
respect of the first two days absence in respect of sickness in any year a
teacher shall, upon request, provide a medical certificate addressed to the
employer. Notwithstanding the foregoing
the employer may require other evidence of sickness.
(f) Notwithstanding
the provisions of this subclause, the sick leave entitlement of a part-time
teacher shall be in that proportion which the teacher's number of hours of
attendance in a week bears to the number of hours of attendance which a
full-time teacher at the Centre is normally required to attend.
8.2 Sick leave
shall accumulate from year to year as follows:
(a) Untaken sick
leave entitlement in the first year of service with an employer shall not be
accumulated.
(b) Untaken sick
leave entitlement in the second year of service with an employer and thereafter
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 an employee
shall only be entitled to the sick leave accumulated in respect of the four
years of continuous service immediately preceding the current year of service.
(c) The maximum
accumulation shall not exceed 80 days on full pay and 80 days on half pay.
(d) Accumulated
sick leave days on full pay shall be taken prior to accumulated sick leave days
on half pay.
(e) Sick leave,
which accrues to a teacher at the commencement of a year of service pursuant to
subclause 8.1 of this clause, shall be taken prior to the taking of any sick
leave, which the teacher has accumulated in accordance with this subclause.
(f) A part-time
teacher shall accumulate sick leave entitlements pursuant to this subclause in
that proportion which the teacher's number of hours of attendance in a full ECS
Centre week bears to the number of hours of attendance which a full-time
teacher at the ECS Centre is normally required to attend.
9. Carer’s Leave
9.1 Use of Sick Leave
(a) A teacher other than a casual teacher
with responsibilities in relation to a class of person set out in subparagraph
(ii) of paragraph (c) of this subclause who needs the teacher’s care and
support shall be entitled to use in any year, in accordance with this
subclause, ten (10) days of his or her current and 30 days of his or her
accrued sick leave entitlement provided for at Clause 8 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) The teacher shall, if required by the
employer, establish either by production of a medical certificate, statutory
declaration, written statement or other evidence that the person concerned is
ill and requires care. In normal
circumstances, an employee shall not take carer’s leave under this clause where
another person has taken leave to care for a person referred to in subparagraph
(ii) of paragraph (c) of this subclause.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care and support of the person concerned; and
(ii) the person concerned being:
(A) a member of the employee’s immediate
family; or
(B) a member of the employee’s household.
The term ‘immediate
family’ includes:
(1) a spouse (including former spouse, a de
facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person,
means a person of the opposite sex to the first mentioned person who lives with
the first mentioned person as the husband or wife of that person on a bonafide
domestic basis although not legally married to the person; and
(2) a child or adult child (including an
adopted child, a step child, a foster child or an ex-nuptial child), a parent (including
a foster parent or legal guardian), grandparent, grandchild or sibling of the
teacher or spouse of the teacher.
(d) The teacher shall not be entitled to
paid carer’s leave unless he or she notifies the Principal of the school (or a
person deputised by the Principal) of the need for carer’s leave and the
estimated period of absence at the first available opportunity and where
possible, before the first organised activity at the school on the day of
absence. The teacher will have sick
leave credits available to the extent of the leave to be taken.
(e) Notwithstanding paragraph (a) of this
subclause, a part-time teacher is only entitled to an amount of carer’s leave
in the same proportion the teaching hours of a part-time teacher bears to the
teaching hours which a full-time teacher at the school is normally required to
teach.
(f) Any carer’s leave taken in accordance
with this clause shall be deducted from the sick leave entitlement of the
teacher in accordance with Clause 8 of the award.
9.2 Unpaid Leave
A teacher may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in subparagraph (ii)
of paragraph (c) of subclause 9.1 of this clause who is ill.
9.3 Annual Leave
(a) A teacher may elect with the consent of
the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) A teacher and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
9.4 Make-up Time
(a) A teacher may elect, with the consent of
the employer, to work "make-up time", under which the teacher takes
time off ordinary hours, and works those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
9.5 Rostered Days Off
(a) A teacher may elect, with the consent of
the employer, to take a rostered day off at any time.
(b) A teacher may elect, with the consent of
the employer, to take rostered days off in part day amounts.
(c) A teacher may elect, with the consent of
the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and teacher, or subject to reasonable notice by the teacher or the employer.
(d) This subclause is subject to the
employer informing each union which is both party to the award and which has
members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
10. Other
Leave
10.1 Parental Leave
(a) Maternity
Leave
(i) A teacher who
takes unpaid maternity leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.
(ii) The amount of
paid leave for a teacher commencing leave after,
a) 1
January 2002 shall be five weeks
b) 1
January 2003 shall be seven weeks
c) 1
January 2004 shall be nine weeks
(iii) The teacher
must be paid at the rate the teacher was paid at the time of commencing leave.
(iv) The teacher
must be paid:
(A) at the usual
times and intervals that other teachers are paid at the school, or
(B) if the teacher
asks two weeks in advance and the School agrees, in a lump sum.
(v) The employer
must pay the first or lump sum payments at the pay period commencing closest
to;
(A) six weeks
before the anticipated date of birth, or
(B) if birth occurs
before the time referred to in (a), the date of the birth; or
(C) if the teacher
has not commenced maternity leave at the time referred to in (A), when the
teacher commences leave.
(vi) If a teacher's
pregnancy is terminated other than by the birth of a living child:
(A) more than 20
weeks before the anticipated date of birth the teacher is not entitled to the
payment;
(B) less than 20
weeks before the anticipated date of birth the teacher is entitled to the
payment while she remains on leave.
(vii) The period of
maternity leave will not count as a period of service under this award or any
statute.
(viii) Except as
varied by this provision, Part 4 of Chapter 4 of the Industrial Relations Act 1996 shall apply.
[Notation:
(i) Where
possible 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. However this
does not diminish the right of a teacher to proceed on leave on the date she
nominates in accordance with the Industrial
Relations Act 1996.
(ii) In order to
facilitate the desirable practice referred to in (i) above, the employers are
prepared to extend the time of maternity leave beyond that maximum entitlement
prescribed by the Industrial Relations
Act 1996, should the employee agree to return from maternity leave at the
commencement of the term immediately following the maximum period of leave
required to be afforded by that Act.]
(b) 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.
(c) Adoption
Leave
A teacher shall be entitled to nine weeks paid leave for
the purpose of adopting any child providing the leave is taken after 1 January
2002 and before the child reaches full-time enrolment age.
10.2 Long Service
Leave
(a) 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.
(b) Quantum of
Leave
Subject to clause 10.2 (c) the amount of long service
leave to which a teacher shall be entitled shall:
(i) In the case
of a teacher who has completed at least ten years service with the same
employer be:
(A) in respect of
ten years service so completed 10.5 weeks; and
(B) in respect of
each additional five years of service with the employer since the teacher last
became entitled to long service leave, 7.5 weeks; and
(C) on the
termination of the teacher's employment, in respect of completed service with
the employer since the teacher last became entitled to an amount of long
service leave, a proportionate amount on the basis of 1.5 weeks for one year's
service.
(ii) In the case
of a teacher who has completed with an employer five years service, and whose
services are terminated by the employer for any reason other than misconduct or
cease for any other reason, be a proportionate amount on the basis of 10.5
weeks for ten years service [such service to include service with the employer
as an adult and otherwise than as an adult].
(c) Calculation
of Entitlement
(i) In the case
of a teacher whose service with an employer began before 1 July 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 July 2001; and
An amount calculated on the basis of the provisions of
clause 10.2 (b) Long Service Leave of the Teachers (Independent Schools Early
Childhood Service Centres other than Pre Schools) (State) Award effective from
1 July 2001 until 31December 2004.
The above periods of calculation are listed in the
table below:
Calculation of Entitlement
Teachers employed in a Pre-School
|
Prior to 1st July, 2001
|
.866 weeks per year.
|
1st July 2001
|
1.05 weeks per year up to 10 years service.
1.5 weeks per year, or proportion of a year, after 10
years service.
|
(d) Conditions
of Taking Leave
(i) 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 eight weeks notice of the teacher's wish to take leave and
further provided that the employer shall give the teacher not less than eight
weeks notice of any requirement that such leave be taken.
(e) Subject to the
provisions of this clause, any long service leave shall be inclusive of any
public holidays and other pupil vacation periods falling within the period of
such leave.
(f) 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 10.1 Parental Leave)
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.
(g) Payment in
Lieu of Long Service Leave
(i) Where a
teacher takes long service leave in excess of 8.6 weeks, the teacher may
request 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.
(ii) The payment
made by the employer in lieu of long service leave in clause 10.2 (a) will not
exceed five weeks’ salary.
(iii) Any payment
in clause 10.2 (b) of this subclause will be paid by the employer upon the
commencement of the teacher’s long service leave, unless otherwise agreed between
the teacher and the employer.
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.
10.3 Domestic
Leave
A teacher other than a casual teacher is entitled to
one day per year deducted from sick leave for moving house or other domestic
emergency leave. A teacher shall give
the Principal appropriate notice of when this leave is to be taken.
10.4 Bereavement Leave
(a) A teacher
shall on the death of a spouse, father, mother, father-in-law, mother-in-law,
grand parent, 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.
(b) A teacher may
be required to provide the employer with satisfactory evidence of such death.
(c) Bereavement
leave shall be available to the employee in respect of the death of a member of
the employee's immediate family or household, as defined in clause 9.1, Carer's
Leave.
(d) A teacher
shall not be entitled to bereavement leave under this subclause during any
period in respect of which the teacher has been granted other leave.
(e) Bereavement leave
may be taken in conjunction with other leave available under subclause 9.2 of
the said clause 9. In determining such
a request the employer will give consideration to the circumstances of the
teacher and the reasonable operation requirements of the school.
10.5 Examination
Study Leave
A teacher, who for the purposes of furthering his or
her 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.
11. Hours
of Work
The ordinary working hours, inclusive of crib breaks, shall
not exceed an average of 38 per week to be worked inclusive shifts of not more
than eight hours duration inclusive between the hours of 6.30am to 6.30pm
Monday to Friday.
(a) The teacher
working in shifts of not more then (8) hours duration
(i) A teacher
shall accrue one (1) rostered day off for each twenty (20) days of service.
(ii) Each day of
paid leave taken pursuant to this award including each public holiday and the
annual holiday (but not including long service leave) shall be regarded as a
day worked for accrual purposes.
(iii) Notwithstanding
the provisions of paragraph (a) of this subclause a teacher shall be entitled
to no more than twelve paid rostered days off in any twelve months of
consecutive employment.
(iv) An employee
shall accrue one (1) paid rostered day off (RDO) in each 20-day 4-week work
cycle to a maximum of 0.4 of one hour for 8 hours duty on each day of
attendance. There shall be a maximum of
12 RDOs in any 12 consecutive months of employment.
A teacher shall be entitled to be paid on termination
of employment for rostered days off which have been accumulated but not taken
or entitlements pursuant to this paragraph at the rate of pay on the date of
termination.
(v) A teacher
shall not be entitled to sick leave in respect of illness whilst on a rostered
day off. In the event of a rostered day
off falling on a public holiday, the teacher and employer shall agree on an
alternative day off as a substitute.
(b) By the teacher
working in shifts of more than eight ordinary hour one or more days during the
work cycle
(i) by the
teacher(s) working three 10 hour shifts and one 8 hour shift per week; or
(ii) by the
teacher(s) working four 9.5 hour shifts per week; or
(iii) any other
shift arrangement whereby an employee works no more than 10 hours per day or 38
hours per week.
If the teacher works a shift longer then eight (8)
hours the employee shall receive an additional paid crib break of 10 minutes,
which shall be taken at a time convenient to the employer.
11.2 Method of
Implementation
The method of implementation of the 38-hour week shall
be one of the following, as agreed between the teacher and the employer:
(i) 19-day month
- the teacher may fix one workday off in each four-week cycle as a rostered day
off to the extent of rostered days off accrued pursuant to subclause (ii) of
this clause.
(ii) Accumulation
- the teacher may accrue sufficient rostered days off to enable such days to be
taken as a block of no more than 12 days at any one time in any 12 months of
consecutive employment.
(iii) By teachers
working more than 8 hours on 1 or more days of the work cycle.
11.3 Rostering
(a) A teacher
shall be advised by the employer at least four weeks in advance of the day or
days on which he or she is to be rostered off duty.
(b) An individual
teacher may, with the agreement of the employer, substitute the day he or she
is rostered off duty for another day.
11.4 Part-time,
Casual and Temporary Teachers
(a) Part-time
Teachers
See clause 3.3
(b) Casual
Teachers
A casual teacher shall be entitled to be paid an
additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
(c) Temporary
Teachers (Other than Part-time Teachers)
A temporary teacher, other than a part-time teacher,
shall by agreement with the employer, and according to the period of the
employment of the teacher, be entitled to either:
(i) accumulate
rostered days off in accordance with subclause 11.1 of this clause, or
(ii) be paid an
additional loading of five per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
11.5 Establishments
Operating 41 to 47 Weeks Per Annum
Where an ECS Centre operates from 41 to 47 weeks per
annum and a teacher receives in consequence more than four weeks paid leave per
annum, then the teacher shall accrue rostered days off to a maximum of seven
days in any 12 months of consecutive employment and any days accrued in excess
of seven days in any 12 months period of employment shall be deemed to be
subsumed into the period of paid leave in excess of four weeks.
11.6 Nothing in this
clause shall entitle an employee who works less than 38 hours per week
(inclusive of crib breaks) to accumulate rostered days off pursuant to this
clause, and a teacher's conditions of employment shall not be downgraded as a
consequence of this award.
12. Miscellaneous
12.1 Crib Break
Not more than 30 minutes nor less than 20 minutes shall
be allowed to teachers each day for a midday crib break. Such crib break shall be counted as time
worked.
Provided however that a teacher may, by agreement with
the employer, leave the premises during the crib break. Where such reasonable request has been made
by the teacher, the employer shall give favourable consideration to any such
request. Such time away from the
premises shall not count as time worked.
See Children (Care
and Protection) Act 1987, for provisions relating to supervision of
children.
12.2 Professional
Development, Training and Planning
(a) Teachers are
responsible for ensuring that they are aware of new developments in early
childhood education. However, the
parties recognise that continuing professional development of teachers is a
joint responsibility of both the employer and the teacher.
(b) The employer
may request a teacher to attend any courses in non-term time or weekends. Such attendance shall be at the option of
the teacher. A full-time teacher who
receives no more than four weeks annual leave in a calendar year shall receive
time in lieu for time spent at any courses outlined in this clause.
(c) Should there
be any form of disagreement between the parties the matter shall be dealt with
in accordance with clause 15, Disputes and Grievance Procedures.
12.3 First Aid
Certificate
(a) Teachers shall
be required to obtain and maintain an approved first aid certificate.
(b) Teachers shall
be granted paid leave to attend a first aid course or when a first aid course
is in the teacher’s own time, teachers will receive time in lieu at ordinary
rate for course attendance time.
13. Union
Representatives
13.1 The employer
shall permit the union representative in the ECS Centre to post union notices
relating to the holding of meetings on a staff room noticeboard.
13.2 The union
representative shall be permitted in working hours to interview the employer on
union business. Such interview shall
take place at a time and place convenient to both parties.
13.3 Meetings of
union members who are employed at the ECS Centre may be held on the premises at
times and places reasonably convenient to both union members and the employer.
14. Terms
Of Engagement And Information To Be Provided To Teachers
14.1 The employer
shall provide all full-time and part-time teachers with a letter of appointment
on engagement stating the classification and rate of salary on appointment, the
hours of operation of the Centre, the teacher’s entitlements including sick
leave, personal/carer’s leave, annual leave and long service leave, the
procedure as to alteration of days of attendance and notice on termination.
14.2 The employment
of any teacher (other than a temporary or casual teacher) shall not be
terminated without at least four weeks notice on either side or the payment of
or forfeiture of four weeks salary in lieu of notice.
14.3 The employment
of a temporary teacher employed for a period in excess of four weeks shall not
be terminated except in accordance with the provisions of subclause 14.2 of
this clause.
14.4 The foregoing
shall not affect the right of the employer to dismiss summarily any teacher for
incompetence, misrepresentation, neglect of duty or other misconduct.
14.5 The employer
may, if the employer deems it appropriate, provide a teacher of children with
special needs with a letter of appointment which outlines the teacher's
teaching load, days of attendance, and place of employment which may be varied
throughout the period of engagement.
Such variations would occur from time to time and with not less than
four weeks notice or otherwise by agreement.
14.6 Upon the
termination of service of a teacher other than a casual teacher the employer
shall provide a statement of service setting out the length of service, the age
of children taught, the positions held and any special and/or additional duties
performed by such teacher.
14.7 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 his or her
engagement provided that such request is made during or on termination of the
casual engagement.
14.8 Where an
employer proposes either:
(a) to make
alterations to the type of services provided by the Centre in which a teacher
is employed, or
(b) to transfer a
teacher from the Centre in which the teacher is employed,
which shall have the consequence that the provisions of
this award will no longer apply to the teacher, the employer shall as soon as
practicable in any case after a firm decision has been made, give the teacher
notice of the change, and shall if the teacher so requests hold discussions:
(i) with
the teacher, or
(ii) with a
representative of the teacher, as soon as practicable after making the decision
and in any event not less than four weeks prior to the implementation of the
decision.
15. Disputes
And Grievance Procedures
15.1 Procedures
relating to grievances of individual employees
(a) The employee
shall notify the employer (in writing or otherwise) as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee’s grievance, if the mater has not been resolved, including reasons for
not implementing the proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
15.2 Procedures
for a dispute between an employer and the employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers or other
representative and the employees may be represented by an industrial
organisation of employees for the purposes of each procedure.
16. Savings
Clause
16.1 No teacher
shall suffer a reduction in the salary enjoyed by that teacher as a result of
the implementation of this award.
16.2 A teacher's conditions
of employment, other than those provided in this award shall not be altered as
a consequence of the introduction of this award.
17. Superannuation
17.1 Definitions
For the purpose of this clause:
(a) "Basic
earnings" shall mean:
(i) the rate of
salary prescribed from time to time by this award,
(ii) the amount of
any allowance prescribed from time to time including the allowance payable to a
Director and any shift loading which may be payable pursuant to this award.
(b) "Employee"
means a teacher or Director, and includes casual, part-time, or temporary
employee.
(c) "HESTA"
means the Health Employees Superannuation Trust Australia, established by Trust
Deed Articles on 30 July 1987.
(d) "ASSET"
means the Australian Superannuation Savings Employment Trust constituted by
deed made 14 October 1987.
(e) "NCSF"
means the National Catholic Superannuation Fund.
(f) "NGS"
means the NSW Non-Government Schools Superannuation Fund.
17.2 Fund
(a) For the
purposes of this clause contributions made by employers in accordance with the
provisions of subclause17.3 of this clause, shall be as follows:
(i) the employer
shall offer each employee a choice between HESTA, ASSET, NCSF or NGS;
(ii) the employee shall
nominate the fund into which contributions shall be made.
(b) Each employer
shall become a participating employer in HESTA, ASSET, NCSF and/or NGS in
accordance with the choice of employees of the employer.
(c) Each employer
shall become party to HESTA, ASSET, NCSF or NGS upon the acceptance of the
respective Trustee of a Deed of Adoption, duly signed and executed by each
employer and the respective Trustee.
An employee shall become eligible to join HESTA, ASSET,
NCSF or NGS from the beginning of the first pay period commencing on or after 1
July 1988, or from the beginning of the first pay period commencing on or after
the employee's date of engagement, whichever is earlier.
17.3 Benefits
(a) Except as
provided in paragraphs (c) and (d) of this subclause, each employer shall, in
respect of each employee employed by it, pay contributions to the respective
Trustee at the rate of three per cent of the employee's basic earnings.
(b) Contributions
shall be paid at intervals and in accordance with the procedures and subject to
the requirements of the respective Fund.
(c) An employer
shall not be required to make contributions pursuant to this clause in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) Part-time and
Casual Employees
An employer shall pay contributions pursuant to this
clause in respect of a part-time employee employed by them if the basic
earnings of the employee exceed $200 for that calendar month.
An employer shall pay contributions pursuant to this
clause in respect of a casual employee employed by them for any calendar month
in which the basic earnings of the employee exceed $200 for that calendar
month.
(e) Where a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this clause and of the action to
be taken by the employee to obtain the benefit of those entitlements.
(f) Notwithstanding
the date upon which an employee signs an application form, contributions in
accordance with paragraph (a) of this subclause shall be made from the date
when the employee became eligible for membership.
17.4 Records
The employer shall retain all records relating to the calculation
of payments due to the Fund(s) in respect of each employee and such records
shall be retained for a period of six years.
17.5 Exemptions
Employers of employees who are eligible to become
contributors to the following superannuation funds or any scheme/s replacing
such funds shall be exempt from the provisions of this clause:
State Superannuation Fund
State Public Service Superannuation Scheme
Public Authorities Superannuation Scheme
18. Enterprise
Consultation
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
19. Labour
Flexibility
19.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
deskilling.
19.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
19.3 Any direction
issued by an employer pursuant to subclauses 19.1 and 19.2 of this clause shall
be consistent with the employer's responsibilities to provide a safe and
healthy working environment.
20. Anti-Discrimination
20.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
20.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operations of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
20.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
20.4 Nothing in
this clause is to be taken to effect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
20.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
21. Area,
Incidence And Duration
21.1 This award is
made following an application under Section 10 of the Industrial Relations Act 1996.
It replaces and rescinds the Teachers (Independent Schools Early
Childhood Service Centres other than Pre-Schools) (State) Award published 14
July 2000 (317 IG 05).
It shall apply to teachers employed in a licensed child
care centre (other than a pre-school) operated by or on behalf of any
recognised independent school or special school registered under the provisions
of the Education Reform Act 1990 in
the State, including the independent schools listed below:
Kincoppal Rose Bay
Rosebank College
Stella Maris College
St Vincents College
but excluding all Catholic schools not listed in this
subclause.
Provided further that the award shall not apply to
employees of all city, municipal, shire and county childcare centres.
For the purpose of this sub-clause an early
intervention service operating with terms and hours approximating those of a
pre-school shall be deemed to be a pre-school - refer to the notation of clause
2 (d)(i) of this award.
21.3 It shall take
effect from 19 October 2001 and shall remain in force until 31 December 2004.
PART B
MONETARY RATES
Table 1 - Rates of Pay
The following minimum rates shall apply with effect from the
beginning of the first full pay period commencing on or after dates indicated:
Two Years Trained Teachers Incremental Salary Step
|
Annual Salary from the first full pay period commencing on
or after 1 July 2001
$
|
Annual Salary from the first full pay period commencing on
or after 1 July 2002
$
|
Annual Salary from the first full pay period commencing on
or after 1 July 2003
$
|
Annual Salary
from the first full pay period commencing on or after 1
July 2004
$
|
Step 1
|
31,104
|
32,037
|
33,318
|
34,318
|
Step 2
|
34,458
|
35,492
|
36,912
|
38,019
|
Step 3
|
35,838
|
36,913
|
38,390
|
39,542
|
Step 4
|
37,662
|
38,792
|
40,344
|
41,554
|
Step 5
|
38,476
|
39,630
|
41,215
|
42,452
|
Step 6
|
40,468
|
41,682
|
43,349
|
44,649
|
Step 7
|
42,743
|
44,025
|
45,786
|
47,160
|
Step 8
|
45,265
|
46,623
|
48,488
|
49,943
|
Step 9
|
47,612
|
49,040
|
51,002
|
52,532
|
Step 10
|
49,607
|
51,095
|
53,139
|
54,733
|
Step 11
|
51,590
|
53,138
|
55,264
|
56,922
|
Step 12
|
53,827
|
55,442
|
57,660
|
59,390
|
Step 13
|
55,978
|
57,657
|
59,963
|
61,762
|
Table 2 - Directors’ Allowances
Units
|
Annual Allowance from the first full pay period on or
after 1 July 2001
$
|
Annual Allowance from the first full pay period on or
after 1 July 2002
$
|
Annual Allowance from the first full pay period on or
after 1 February 2003
$
|
Annual Allowance from the first full pay period on or
after 1 February 2004
$
|
1
|
3,692
|
3,803
|
3,955
|
4,074
|
0-25 Children
|
|
|
|
|
2
|
4,507
|
4,642
|
4,828
|
4,973
|
26-50 Children
|
|
|
|
|
3
|
5,626
|
5,795
|
6,027
|
6,208
|
51-75 Children
|
|
|
|
|
4
|
7,028
|
7,239
|
7,529
|
7,755
|
76 plus Children
|
|
|
|
|
Table 3 - Other Rates and Allowances
Item No
|
Clause No
|
Description
|
Amount
|
1
|
3.5 (a)
|
Travel Allowance
|
52 cents per
|
|
|
|
kilometre
|
M. SCHMIDT J
____________________
Printed by the authority of the Industrial Registrar.