TEACHERS (COUNTRY AND REGIONAL DIOCESES) (STATE) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Catholic
Commission for Employment Relations, industrial organisation of employees.
(No. IRC 1686 of 2004)
Before Mr Deputy President Sams
|
3 September 2004
|
AWARD
Part A - Conditions
1. Arrangement
This award is arranged as follows:
Clause No. Subject Matter
1. Arrangement
2. Definitions
(a) Teacher
(b) Full-Time Teacher
(c) Part-Time Teacher
(d) Casual Teacher
(e) Temporary Teacher
(f) Graduate
(g) Equivalent Qualifications or Equivalent Course
(h) Recognised School
(i) Recognised Higher Education Institution
(j) Degree
(k) Graduate Diploma
(l) Teacher Not Otherwise Classified
(m) Two Years Trained Teacher
(n) Three Years Trained Teacher
(o) Four Years Trained Teacher
(p) Five Years Trained Teacher
(q) Conditionally Classified Two Years or Three Years Trained
Teacher
(r) Graduate Without A Teaching Qualification
(s) Teacher-Librarian
(t) Senior Teacher 1
(u) Primary Department
(v) Secondary Department
(w) Assistant Principal
(x) Positions of Special Responsibility
(y) Union
(z) Diocese
(aa) Service Date
(bb) Statement of Service
3. Terms of
Engagement
3.1 Letter of Appointment
3.2 Selection and Appointment Procedures
3.3 Normal Duties
3.4 Lunch Break
3.5 Teacher Skill Development
3.6 Employer Direction
3.7 Statement of Service
3.8 Casual teachers - Statement
4. Salaries
and Related Matters
4.1 Salaries Payable
4.2 Special Education Teacher Allowance
4.3 Credit For Previous Teaching Service
4.4 Credit For Other Service
4.5 Process For Applying For Credit For Service
4.6 Progression (Completion of Qualifications)
4.7 Payment of Salary
4.8 Payment of Part-Time Temporary and Casual Teachers
4.9 Travelling Expenses
4.10 Payment For Supervision of Student Teachers
4.11 Overpayment
4.12 Annual Remuneration
5. Promotions
Positions
5.1 Allowances
5.2 Acting Appointments
5.3 Appointment on Merit
5.4 Areas of Instruction - Secondary Schools
5.5 Promotions Positions - Primary and Secondary Departments
5.6 Period of Appointment
6. Teacher
Librarians
7. Annual
Adjustment of Salary
7.1 In Lieu of the Annual Holidays Act, 1944
7.2 Application of Clause
7.3 Calculation of Payments
7.4 Teachers who commence Employment after the School Service
Date
7.5 Teachers who take Approved Leave Without Pay or Parental
Leave
7.6 Teachers Whose Hours Have Varied
7.7 Payment Not Less than under Annual Holidays Act, 1944
8. Annual
Holiday Loading
9. Union
Members And Representative
9.1 Meeting of Members
9.2 Posting of Notices
9.3 Interview with Employer
10. Sick Leave
10.1 Entitlement
10.2 Accumulation
10.3 Evidence of Sickness
10.4 Portability
11. Catholic
Personal/Carer’s Leave
11.1 Use of Sick Leave to Provide Care and Support for a Family
Member
11.2 Use of Sick Leave for a Pressing Domestic Necessity
11.3 Notification of Intention to Take Leave
11.4 Unpaid Leave for Family Purpose
12. Parental
Leave
12.1 Maternity Leave
12.2 Adoption Leave
12.3 Paternity Leave
12.4 Prior Service with Another Catholic Diocesan Employer or
Catholic Independent School
13. Long
Service Leave
13.1 Applicability of Long Service Leave Act, 1955
13.2 Quantum of Leave
13.3 Calculation of Entitlement
13.4 Conditions of Taking Leave
13.5 Public Holidays within Period of Long Service Leave
13.6 Leave Without Pay
13.7 Payment in Lieu of Long Service Leave
13.8 Long Service Leave and Leave Without Pay
13.9 Long Service Leave in Short Blocks
14. Renewal
Leave
15. Other
Leave
15.1 Bereavement Leave
15.2 Military Reserve Leave
15.3 Examination Study Leave
15.4 Jury Service
15.5 Short Community Service
15.6 Overseas Volunteer Programs
16. Termination
16.1 Period of Notice
16.2 Summary Dismissal
16.3 Payment on Termination
16.4 Calculation of Payments
16.5 Statement of Service
17. Occupational
Superannuation (Contribution by Employer)
17.1 Definitions
17.2 Fund
17.3 Benefits
17.4 Transfers between Funds
18. Anti-Discrimination
19. Fair Procedures
For Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
19.1 Definitions
19.2 Natural Justice to Employees in Dealing with Reportable
Allegations and Exempt Allegations.
19.3 Access to files
19.4 Additional Documentation from Employee
19.5 Confidentiality of documents and files
20. Suspension
21. Disputes
Procedure
22. No Extra
Claims
23. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Allowances for Promotion Positions
Table 3 - Other Rates
Annexure A -
Teacher Classifications, Teacher-Librarians and Temporary Teachers.
Annexure B - Portability
Annexure C - Diocese of Lismore
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 greater than four school weeks. A teacher may be
employed as a Temporary Teacher in the following circumstances:
(i) where a
teacher is employed to replace a teacher on leave or secondment;
(ii) where a
school’s staffing is to be reduced in the following year overall or in a
department (in a secondary school). This may include but is not limited to
circumstances such as declining enrolments or school amalgamations.
(iii) where a
teacher is employed on a specific programme not funded by the diocese, or a new
programme or initiative funded by the diocese which is not of an on-going
nature.
(iv) where a
teacher resigns during a school year and the usual diocesan practice is that
such positions are filled on a temporary basis.
(v) where an
ongoing position has not been able to be filled using normal selection criteria
and the teacher has been informed of this in writing prior to the appointment.
Applicants must be advised in writing prior to
accepting a position that it is temporary, the expected length of the
appointment and the reason why it is temporary, such reason being one of the
reasons specified above.
In the case of paragraphs (i), (ii) and (iii), the
appointment may be for a period of up to two full school years. The employer,
the union and the teacher may agree to extend the temporary period of
appointment beyond two years. The union shall not withhold its consent
unreasonably.
In the case of paragraph (iv) the appointment may be
for not longer than the end of the school year in which the appointment occurs.
In the case of paragraph (v) the appointment may be for
a period of up to one full school year.
The parties recognise that a temporary teacher may be
appointed to a series of different temporary positions either within the school
or at another school of the employer immediately following the cessation of a
prior temporary appointment.
(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 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 the disabled.
(i) "Recognised
Higher Education Institution" means an Australian university recognised by
the relevant Australian tertiary education authority from time to time or a
former College of Advanced Education recognised by the Tertiary Education
Commission.
(j) "Degree"
means a course of study at a recognised higher education institution of at
least three years full-time duration or its part-time equivalent.
(k) "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 Year/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 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 set out in the
relevant Diocesan enterprise agreement.
(ii) "Co-ordinator
2" means a teacher appointed as such with duties as set out in the
relevant Diocesan enterprise agreement.
(iii) "Co-ordinator
3" means a teacher appointed as such with duties as set out in the
relevant Diocesan enterprise agreement.
(iv) "Senior
Teacher 2" means a teacher appointed as such with duties as defined in the
relevant Diocesan enterprise agreement.
(y) "Union"
means the New South Wales Independent Education Union.
(z) "Diocese"
means the one of the Dioceses of Armidale, Bathurst, Lismore,
Maitland-Newcastle, Wagga Wagga, Wilcannia-Forbes or Wollongong as
appropriate."
(aa) "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.
(bb) "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 Selection and
Appointment Procedures.
Normally, teaching positions except temporary positions
of up to one term's duration and casual positions will be appropriately
advertised and appointments will be made following a selection process. Such
appointments will be made on the basis of merit and suitability in accordance
with documented diocesan selection process and appointment procedures.
3.3 Normal Duties
The normal duties of teachers shall include playground
duties, sports duties, and usual extra-curricular activities and, in relation
to teachers appointed to residential positions, the usual residential duties.
3.4 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.
3.5 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 may 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.
(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
sub-clause with appropriate modification and shall be expected to participate
as appropriate.
3.6 An employer
may direct a teacher to carry out such duties as are within the limits of the
teacher’s skill, competence and/or training.
3.7 Upon the
termination of service of a teacher (other than a casual teacher), the employer
shall provide a statement of service.
3.8 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) The minimum
annual rate of salary payable to full-time teachers in schools shall be as set
out in Table 1 - Wage Rates of Part B, Monetary Rates. Fortnightly salaries shall be ascertained by
multiplying the annual salary by 14 and dividing by 365 with the answer rounded
to two decimal points.
(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) A Three Years
Trained Teacher shall commence on Step 3 and progress according to years of
service to Step 13.
(ii) 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 incremental date and shall thereafter
progress in accordance with years of service to Step 13 of the scale.
(e) Two Years
Trained Teacher
(i) A Two Years
Trained Teacher shall commence on Step 2 of the scale and progress according to
years of service to Step 9 of the scale.
(ii) A Two Years
Trained Teacher who by further study satisfactorily completes the equivalent of
one year of full-time study of a degree course, shall be deemed a Three Years
Trained Teacher and shall be paid an additional increment with retention of
incremental date and shall thereafter progress in accordance with normal years
of service to Step 9 of the scale.
(iii) A Two Years
Trained Teacher who has completed at least 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.
(iv) Such professional
development, if it is to be considered for the purposes of subparagraph (ii) of
this paragraph, must be deemed relevant to the Two Years Trained Teacher’s
employment by the employer.
(f) Conditionally
Classified Two Years Trained Teacher
A Conditionally Classified Two Years Trained Teacher
shall commence on Step 2 of the scale and progress accordingly to years of
service to Step 6 of the scale; 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 thereafter progress according to years of service to Step 13.
(i) Teacher Not
Otherwise Classified
A Teacher Not Otherwise Classified shall commence on
Step 1 of the scale and progress according to years of service to Step 6.
(j) Previous
Award Classification
Teachers employed immediately prior to the date of
making of this award 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 the date of making this award 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 sub-clause 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 (a) of
this sub-clause, 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 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 sub-clause 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 (e.g. employment as a
musician for a music teacher, employment in a trade for industrial arts) on the
basis of one service increment for each year of full-time employment, up to a
maximum of four increments.
(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.
(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 sub clause will apply only to teachers employed or
re-employed in Catholic school systemic schools after 7 April 1991.
(d) A teacher
shall not be entitled to more than four increments in total from paragraphs
(a), (b) and (c) of this sub-clause.
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. In the case where the application was
received within one school term of the date 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 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.
4.8 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 or by 408 in the case of a half-daily payment; plus an additional 5%
loading 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.
4.9 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. This
paragraph shall not apply to the Dioceses of Armidale, Bathurst,
Wagga Wagga and Wilcannia-Forbes (see the relevant Enterprise Agreement).
In the case of the Diocese of Lismore refer to Annexure C of this award.
(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.
4.10 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.
4.11 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.
4.12 Annual
Remuneration
(a) Notwithstanding
sub-clause 4.7, 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 sub-clause 4.1, sub-clause 4.2 and sub-clause
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 sub-clause.
(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 sub-clause 4.1,
sub-clause 4.2 and sub-clause 5.1.
5. Promotion
Positions
5.1 Allowances
(a) The allowances
for Positions of Special Responsibility shall be as set out in Item 1 of Table
2 - Allowances for Promotion Positions, of Part B, Monetary Rates. Such
allowances shall be in addition to the salary applicable to the appointee.
(b) The allowance
for the Assistant Principal position shall be as set out in Item 2 of Table
2. Such allowance shall be in addition
to the salary applicable to the appointee.
5.2 Acting
Appointments
If an employer appoints a teacher to act in a promotion
position for ten or more 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 in accordance with documented diocesan selection and
appointment procedures 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, 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 Co-ordinator 2 shall be appointed to co-ordinate such
area of instruction unless otherwise provided in the relevant Diocesan
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 Co-ordinator 3. There is no
requirement to appoint a Co-ordinator 3 as such, the position may be filled by
appointing a Co-ordinator 2 assisted by a Co-ordinator 1.
5.5 Promotion
Positions - Primary and Secondary Departments
(a) The position
of Assistant Principal shall be appointed where the enrolment at the previous
year's census date in a Secondary Department exceeds 200 students or in a
Primary Department where the enrolment at the previous year's census date
exceeds 100 students. Provided that an Assistant Principal need only be
appointed in a Primary Department where the school only consists of a Primary
Department or the Primary Department of the school is at a different location
from the Secondary Department.
(b) The minimum
number of promotions points required to be appointed in a Secondary Department
shall be determined in accordance with the points as set out in the following
table:
Secondary
Enrolments at
|
Co Coordinator
Points
|
Totals
|
Previous Year's
Census Date
|
|
|
|
General
|
Learning
|
|
|
|
Technologies
|
|
1-200
|
2
|
-
|
2
|
201-300
|
4
|
-
|
4
|
301-350
|
9
|
-
|
9
|
351-400
|
9
|
-
|
9
|
401-450
|
11
|
-
|
11
|
451-500
|
13
|
-
|
13
|
501-550
|
15
|
-
|
15
|
551-600
|
16
|
-
|
16
|
601-700
|
17
|
-
|
17
|
701-800
|
23
|
2
|
25
|
801-900
|
26
|
2
|
28
|
901-1000
|
28
|
2
|
30
|
1001-1200
|
30
|
2
|
32
|
1201-1400
|
32
|
2
|
34
|
1401-1600
|
34
|
2
|
36
|
Note: This table does not include the positions of
Principal or Assistant Principal. The position
of Information Technology Co-ordinator (where appointed) is included.
The number of Positions of Special Responsibility
required to be appointed shall be calculated by allowing one point for each
Co-ordinator 1, two points for each Co-ordinator 2 and three points for each
Co-ordinator 3.
(c) The minimum
number of promotions points required to be appointed in a Primary Department
shall be determined in accordance with the points as set out in the following
table:
Secondary
Enrolments at
|
Co Coordinator
Points
|
Totals
|
Previous Year's
Census Date
|
|
|
|
General
|
Learning
|
|
|
|
Technologies
|
|
1-100
|
-
|
-
|
-
|
101-200
|
-
|
-
|
-
|
201-250
|
1
|
-
|
1
|
251-300
|
2
|
-
|
2
|
301-400
|
2
|
-
|
2
|
401-500
|
4
|
-
|
4
|
501-600
|
4
|
-
|
4
|
601-700
|
6
|
1
|
7
|
700+
|
6
|
2
|
8
|
Note: This table does not include the positions of
Principal or Assistant Principal. The
position of Information Technology Co-ordinator (where appointed) is included.
The number of Positions of Special Responsibility
required to be appointed shall be calculated by allowing one point for each
Co-ordinator 1, two points for each Co-ordinator 2 and three points for each
Co-ordinator 3
5.6 Period of
Appointment
The period of appointment shall be as specified in the
relevant Diocesan enterprise agreement.
6. Teacher Librarians
For classifications and duties of teacher-librarians refer
to Annexure A
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 sub-clauses 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 sub-clause 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
|
=
|
The number of term weeks worked by the teacher since the
school service date
|
B
|
=
|
The number of non-term weeks in the school year
|
C
|
=
|
The number of term weeks in the school year
|
D
|
=
|
Result in weeks
|
E
|
=
|
The number of non-term weeks worked by the teacher since
the school service date.
|
F
|
=
|
Result in weeks
|
G
|
=
|
The teacher’s current fortnightly salary
|
H
|
=
|
Amount Due
|
(b) A payment made
pursuant to paragraph (c) of sub-clause 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
|
=
|
Total salary paid to the teacher since the school service
date
|
B
|
=
|
Salary paid to the teacher in respect of non-term weeks
since the school service date
|
C
|
=
|
Salary paid to the teacher in respect of term weeks since
the school service date
|
D
|
=
|
The total number of non-term weeks in the school year
|
E
|
=
|
The total number of term weeks in the school year
|
F
|
=
|
Result in dollars
|
G
|
=
|
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 sub-clause 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 sub-clause
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
for formula in sub-clause 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 sub-clause 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, Promotion 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 sub-clause 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
sub-clause 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
Representative
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 discuss union business with the employer or the Principal.
Such discussion 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) In respect of
each year of service with an employer, 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) A teacher
shall not be entitled to paid sick leave for any period in respect of which
such teacher is entitled to workers’ compensation.
(c) 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.
(d) 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.
(e) 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.
(f) 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) 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) Sick leave
which accrues to a teacher at the commencement of a year of service pursuant to
subclause 10.1, shall be taken prior to the taking of any sick leave which the
teacher has accumulated in accordance with this subclause.
10.3 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 Diocesan office.
(v) The parties
agree to meet to review the operation of this subclause after the award has
been in place for twelve months if either party to the award so requests.
10.4 Portability
(a) A teacher who
was previously employed with another Catholic Diocesan Employer or Catholic
Independent School as a full-time, part-time or temporary teacher, and is
employed with or in a Diocese on or after 3 February 1997, 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 29 January
1996 shall be credited to the teacher as their accumulated sick leave on the
commencement of their employment with or in the Diocese.
(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 Diocese within six months or two terms,
whichever is the greater, of the teacher's employment terminating with the
other Catholic Diocesan Employer or Catholic Independent School.
(ii) The former
Catholic Diocesan employer or Catholic Independent School 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 Diocesan employer within four
school weeks of the commencement of employment.
(d) For the
purpose of this subclause "Catholic Diocesan Employer" shall mean the
Archdioceses of Sydney and Canberra/Goulburn and the Dioceses of Broken Bay,
Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga
(and the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and
Wollongong, and "Catholic Independent School" means an employer
respondent to the Teachers (Catholic Independent Schools) (State) Award published
on 21 August 1998 (306 IG 295) (as varied from time to time) or any award
replacing such award.
(e) Notwithstanding
paragraphs (a) and (b) of this sub-clause, the maximum sick leave portable
between Catholic Diocesan employers or Catholic Independent Schools to a Catholic
Diocesan Employer shall be 150 days and the sick leave in any one year pursuant
to paragraph (a) of sub-clause 10.1 shall not exceed 25 days (with one or more
employers).
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, 10 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 (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act
1997.
(b) A teacher,
other than a casual teacher, with sick leave credits may apply to utilise such
credits up to 5 of any current or accrued sick leave entitlement days in any
one year of the teacher’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 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 10 days current and 30 days
accrued sick leave for any pressing domestic necessity where the teacher is
responsible for the care or support of a person not referred to in subparagraph
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
12.1 Maternity Leave
(a) A teacher who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996, is granted maternity leave for a period of nine weeks
or longer by the employer and commences maternity leave on or after 27 January
2004, shall be entitled to maternity leave in accordance with this sub-clause.
(b) The maternity
leave shall be paid for nine weeks at the rate of salary the teacher would have
received, if the teacher had not taken maternity leave. (If the period of
maternity leave granted to the teacher is for less than nine weeks then the
period of paid maternity leave shall be for such lesser period).
(c) The teacher
may elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause 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 leave may be paid at half pay for
a period of six weeks.
(d) Where a
teacher applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the teacher shall give the employer at least one month’s notice of
intention.
(e) If a teacher
has commenced paid maternity leave and subsequently the teacher’s pregnancy
results in a miscarriage or a still birth, the teacher shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the teacher.
(f) 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.
(g) A teacher on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(h) Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations
Act 1996 shall apply.
Notation
(i) The employers
are of the view that maternity leave should preferably commence on the day
following the last teaching day of a term and conclude on the day preceding the
first teaching day of a term.
(ii) In order to
facilitate the desirable practice referred to in paragraph (i) of this
notation, 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.
(iii) Transitional
Arrangements - For the purpose of paragraph (a) of this subclause, maternity
leave commences on or after 27 January 2004, if the first day off work due to
maternity leave is on or after 27 January 2004.
12.2 Adoption Leave
(a) A teacher who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted such leave by the employer in accordance
with these provisions, shall be entitled to payment of adoption leave under the
same (or comparable) conditions as those set out in this clause in relation to
paid maternity leave. Provided further that adoption leave 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 adoption leave
pursuant to paragraph (a) of this sub-clause.
12.3 Paternity Leave
(a) 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.
(b) In addition to
the entitlement in paragraph 12.3(a), a teacher shall be entitled, subject to
this sub-clause, to take paternity leave in one continuous period not exceeding
two weeks. Such leave shall be deducted from, and shall not exceed, the
teacher’s entitlement to Catholic Personal/Carer's Leave pursuant to clause 11
of this award.
(c) The teacher
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the teacher to take leave at a time outside the period
specified in this paragraph. If the teacher chooses to agree to the employer’s
request, such agreement shall be recorded in writing. Where the teacher does
not agree, the leave shall be taken in accordance with this paragraph.
(d) The
entitlement to paternity leave in paragraphs 12.3(a) and (b) is inclusive of,
and not in addition to, the teacher’s entitlement to take unpaid paternity
leave in accordance with the Industrial Relations Act, 1996.
(e) The teacher
must, at least 4 weeks before proceeding on leave pursuant to paragraph 12.3(b)
above, give written notice of the dates on which he proposes to start and end the
period of leave. The proposed dates may be varied by further written notice,
subject to the provisions of paragraph 12.3(c) above.
12.4 Prior Service
with Another Catholic Diocesan Employer or Catholic Independent School
(a) For the
purpose of eligibility for maternity leave and adoption leave pursuant to this
clause, a teacher who is not eligible for such leave because he or she has less
than twelve months continuous service as required pursuant to Section 57 of the
Industrial Relations Act, shall nevertheless be deemed to have completed
twelve months continuous service with the current employer if immediately prior
to commencement of service with the current employer, he or she had twelve
months continuous service with another Catholic Diocesan Employer or Catholic
Independent School.
"Catholic Diocesan Employer" and
"Catholic Independent School" shall have the same meaning as in
sub-clause 10.4(d) of this award.
(b) This
sub-clause shall take effect from 19 July 2004.
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 said Act, 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 7 December 2000 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;
(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 re-printed 10 May 1996 (292IG 651) in respect of the
period from 1 August 1985 to 30 January 1995;
(c) an amount
calculated on the basis of the provisions of clause 12 Long Service Leave of
the Teachers (Country and Regional Dioceses) (State) Award**(published 12 June
1998 305IG277) as varied in respect of the period from 30 January 1995 to 7
December 2000; and
(d) an amount
calculated on the basis of the provisions of this clause from 7 December 2000.
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 from 7 December 2000
to 1 February 2001.
(e) Diocese of
Wagga Wagga - Primary Schools
Notwithstanding the other provisions of this
sub-clause, in the period from 1 January 1995 until 27 January 1998 the long
service entitlement of teachers employed in the Diocese of Wagga Wagga was as
set out in the Enterprise Agreement Teachers Employed in the Catholic Education
Office, Diocese of Wagga Wagga (EA 178/94). This Agreement provided for 13
weeks of long service leave in the first ten years of service and then 2 weeks
for each year of service after ten years qualifying service.
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 sub-clause 13.9 (Long
Service Leave in Short Blocks) nor in accordance with other diocesan 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 7 December 2000.
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 - An employer may permit a teacher to take long service
leave in short blocks (of less than a full term) provided that
(a) professional
obligations are taken into account
(b) the minimum
period of leave is four weeks
(c) the leave is
not taken during the first term
(d) the leave is
granted for one period only within a given school year
(e) the period of
leave is taken within a single term
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 requirement
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 their 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) the employer in their absolute discretion may grant the teacher
leave as leave without pay or bereavement leave with pay.
(d) Where an
employer grants a teacher leave with pay in accordance with paragraphs (b) or
(c) 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
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 paid 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 sub-clause. 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.
This sub-clause shall not apply to the Diocese of
Wilcannia-Forbes.
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
|
=
|
The number of term weeks worked by the teacher since the
school service date
|
B
|
=
|
The number of non-term weeks in the school year
|
C
|
=
|
The number of term weeks in the school year
|
D
|
=
|
Result in weeks
|
E
|
=
|
The number of non-term weeks worked by the teacher since
the school service date
|
F
|
=
|
Result in weeks
|
G
|
=
|
Teachers current fortnightly salary
|
H
|
=
|
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 x B
|
=
|
G
|
where:
A
|
=
|
Total salary paid to the teacher since the school service
date
|
B
|
=
|
Salary paid to the teacher in respect of non-terms weeks since
the school service date
|
C
|
=
|
Salary paid to the teacher in respect of term weeks since
the school service date
|
D
|
=
|
The total number of non-term weeks in the school year
|
E
|
=
|
The total number of term weeks in the school year
|
F
|
=
|
Result in dollars
|
G
|
=
|
Amount Due
|
16.5 Statement of
Service
Refer to sub-clauses 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 Position 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 (b), (d), (e) and (g) 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 nine or such other rate as provided by superannuation
legislation as amended from time to time per cent of the employee’s basic
earnings.
(b) Where an
employee is absent on sick leave and only entitled pursuant to the provisions
of this award to receive payment for such sick leave at half pay, the
employers’ contributions pursuant to this award in respect of that employee
during the period of such sick leave shall be reduced to three per cent of the
half pay to which the employee is entitled.
(c) Subject to
paragraph (g) 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.
(d) 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.
(e) Contributions
shall commence to be paid:
(i) in the case
of an employee who was employed at 1 July 1988, from the beginning of the first
pay period commencing on or after 1 July 1988; and
(ii) in the case
of an employee employed after 1 July 1988, from the beginning of the first pay
period commencing on or after the employee’s date of engagement.
Provided that if the employee had not applied to join a
fund within six weeks of 1 July 1988 (in the case of an employee employed at 1
July 1988), or within six weeks of the employee’s date of engagement (in the
case of an employee who is employed after 1 July 1988), 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.
(f) The employee
shall advise the employer in writing of the employee’s application to join a
fund pursuant to this award.
(g) 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.
(h) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes such employees, the employer shall notify its
employees of such approval and shall, if an employee so requests, provide the
employee with a copy of the Trust Deed of such fund and of a letter from the
Insurance and Superannuation Commissioner, granting interim or final listing to
the fund, at a cost of 80 cents per page of such copies.
(i) 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 (e)
of this subclause in the case of a full-time employee and paragraph (g) 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 (f) 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
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.
(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. t 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 conforms 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 Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
19.1 Definitions
For the purpose of this clause:
"Child" means a person under the age of 18
years.
"Reportable Conduct" as defined in the Ombudsman
Act 1974 means:
(a) Any sexual
offence, or sexual misconduct, committed against, with or in the presence of a
child (including a child pornography offence), or
(b) Any assault,
ill treatment or neglect of a child, or
(c) any behaviour
that causes psychological harm to a child,
whether or not, in any case, with the consent of the
child.
"Exempt Allegation" means an allegation to
which one or more of the exemptions to reportable conduct pursuant to the Ombudsman
Act 1974 applies. These exemptions are:
(a) conduct that
is reasonable for the purpose of the discipline, management or care of
children, having regard to the age, maturity, health or other characteristics
of the children and to any relevant codes of conduct or professional standards,
or
(b) the use of
physical force that, in all the circumstances, is trivial and negligible, but
only if the matter is to be investigated and the result of the investigation
recorded under workplace employment procedures, or
(c) conduct of a
class or kind exempted from being reportable conduct by the Ombudsman under
section 25CA of the Ombudsman Act 1974.
"Reportable allegation" means an allegation
of reportable conduct against an employee or an allegation of misconduct that
may involve reportable conduct.
19.2 Natural Justice
to Employees in Dealing with Reportable Allegations and Exempt Allegations
An employee, against whom a reportable allegation or an
exempt 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 reportable allegation or exempt allegation made against them and be
given:
(a) an opportunity
to respond to the reportable allegation or exempt allegation; and
(b) sufficient information
to enable them to respond to the matters alleged against him/her. 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
reportable allegation or exempt allegation 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 that the
employer holds relating to the employee, concerning a reportable allegation or
an exempt 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 reportable allegation or exempt 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, of any reportable allegation or exempt
allegations, or
(iii) prevent the
employer from conducting or completing the investigation or reporting of the
details of a reportable allegation or an exempt allegation against an employee,
in compliance with any statutory deadline.
19.4 Additional
Documentation from Employee
(a) An employee
against whom a reportable allegation or an exempt 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
reportable allegation or exempt 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 reportable allegation or exempt allegations 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 schools of the
employer.
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 senior official or his or her nominee of the
Catholic Education Office (or Catholic Schools Office) of the Diocese for
discussion and appropriate action. The senior official 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 Subject to
sub-clause 22.3 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 until 31 December 2005.
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 31
December 2005 and no claim can be made for such increases.
22.3 The parties
agree that leave is reserved to the parties to seek to vary the award in
respect of long service leave as agreed between the parties in July 2004 and in
relation to the allocation of Co-ordinator points in the Diocese of Lismore.
23. Area Incidence
and Duration
23.1 This award
replaces and rescinds the Teachers (Country and Regional Dioceses) (State) Award
2000 (published 6 April 2001 323 I.G. 734) as varied and the Teachers (Country
and Regional Dioceses) (State) Interim Salaries Award 2004.
23.2 It shall apply
to all teachers employed in any recognised Catholic school or special school
registered under the provisions of the Education Act 1990 and operated
by one of the Dioceses of Armidale, Bathurst, Lismore, Maitland-Newcastle,
Wagga Wagga, Wilcannia-Forbes or Wollongong and all teachers employed in
Catholic High School, Griffith.
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
(a) Subject to
paragraph (b), this award shall take effect from 1 January 2004 and remain in
force until 31 December 2005.
(b) Notwithstanding
the provisions of paragraph (a) of this sub-clause, the following provisions
shall not take effect until the date specified below:
(i) sub-clause
12.4 - 19 July 2004
(ii) paragraph (2)
(e) - 31 January 2005
(iii) sub-clause
3.2 - 31 January 2005.
In the case of paragraph (e) of clause 2, prior to 31
January 2005 the definition of temporary teacher shall be as set out in section
3 of Annexure A.
Part B
MONETARY RATES
Table 1 - Wage
Rates
ANNUAL SALARY
|
Step
|
Effective from
first pay period
|
Effective from
first pay period
|
Effective from
first pay period
|
|
on or after 1
January 2004
|
on or after 1 July
2004
|
on or after 1
January2005
|
|
(5.5%)
|
(3%)
|
(3.5%)
|
|
$
|
$
|
$
|
1
|
33,638
|
34,647
|
35,860
|
2
|
36,664
|
37,764
|
39,086
|
3
|
39,109
|
40,282
|
41,692
|
4
|
41,134
|
42,368
|
43,851
|
5
|
43,370
|
44,671
|
46,234
|
6
|
45,602
|
46,970
|
48,614
|
7
|
47,837
|
49,272
|
50,997
|
8
|
50,075
|
51,577
|
53,382
|
9
|
52,307
|
53,876
|
55,762
|
10
|
54,542
|
56,178
|
58,144
|
11
|
56,775
|
58,478
|
60,525
|
12
|
59,014
|
60,784
|
62,911
|
13
|
62,237
|
64,104
|
66,348
|
Table 2 -
Allowances for Promotion Positions
Item
|
Clause
|
|
ANNUAL ALLOWANCE
|
|
No.
|
|
|
1
|
5.1(a)
|
Position
|
Effective from
first pay
|
Effective from
first
|
Effective from
first
|
|
|
|
period on or after
|
pay period on or
after
|
pay period on or
after
|
|
|
|
1 January 2004*
|
1 July 2004
|
1 January 2005**
|
|
|
|
|
(3%)
|
|
|
|
|
$
|
$
|
$
|
|
|
Senior Teacher 2
|
4,666
|
4,806
|
5,527
|
|
|
Co-ordinator 1
|
4,666
|
4,806
|
5,527
|
|
|
Co-ordinator 2
|
9,331
|
9,611
|
11,053
|
|
|
Co-ordinator 3
|
13,997
|
14,417
|
16,580
|
2
|
5.1(b)
|
Assistant Principal -
|
|
|
|
|
|
Secondary Enrolment in
a
|
|
|
|
|
|
Secondary Department at
|
|
|
|
|
|
previous year’s census
date
|
|
|
|
|
|
201-300
|
18,285
|
18,834
|
21,152
|
|
|
301-600
|
20,260
|
20,868
|
23,297
|
|
|
601-900
|
22,232
|
22,899
|
25,440
|
|
|
901-1200
|
24,202
|
24,928
|
27,581
|
|
|
1201+
|
26,177
|
26,962
|
29,727
|
|
|
Assistant Principal -
|
|
|
|
|
|
Primary Enrolment in a
|
|
|
|
|
|
Primary Department at
|
|
|
|
|
|
previous year's census
date
|
|
|
|
|
|
101-250
|
14,618
|
15,057
|
17,167
|
|
|
251-400
|
16,406
|
16,898
|
19,109
|
|
|
401-600
|
18,285
|
18,834
|
21,152
|
|
|
601-800
|
20,260
|
20,868
|
23,297
|
|
|
801 +
|
22,232
|
22,899
|
25,440
|
|
|
|
|
|
|
|
Notes:
* Includes adjustments of 5.5% awarded on 19/12/03 and additional
increases awarded on 10/6/04 equivalent to 1.5% of total salary for
Co-ordinators and 2% of total salary for Assistant Principals. For
Co-ordinators the 1.5% is calculated on Co-ordinator 2 and Co-ordinator 1 and
Co-ordinator 3 allowances are calculated in proportion to Co-ordinator 2. The
ST1 allowance for Assistant Principals in the previous award has been subsumed
in the Assistant Principal allowance.
** Includes adjustment of 3.5% and additional increases
equivalent to 1.5% of total salary for Co-ordinators and 2% of total salary for
Assistant Principals. Also see note
above for calculations.
Table 3 - Other
Rates
Item
|
Clause
|
Brief Description
|
Effective from
first
|
Effective from
first
|
Effective from
first
|
|
No.
|
|
full pay period on
or
|
full pay period on
or
|
full pay period on
or
|
|
|
|
after 1 January
2004
|
after 1 July 2004
|
after 1 January2005
|
|
|
|
(5.5%)
|
(3%)
|
(3.5%)
|
|
|
|
$
|
$
|
$
|
1
|
4.2(a)
|
(i) Full-time Teacher
|
1,883 per annum
|
1,939 per annum
|
2,007 per annum
|
|
|
teaching classes of
children
|
|
|
|
|
|
with a disability
|
|
|
|
|
|
(ii) Part-time or
Casual
|
9.23 per day
|
9.51 per day
|
9.84 per day
|
|
|
Teachers teaching
classes
|
|
|
|
|
|
of children with a
disability
|
|
|
|
2
|
4.2(b)
|
Principal Teachers of
|
294 per annum per
|
303 per annum per
|
314 per annum per
|
|
|
school for children
with a
|
teacher
|
teacher
|
teacher
|
|
|
disability for each
Teacher
|
|
|
|
|
|
supervised
|
|
|
|
3
|
4.2(b)
|
Maximum payment per
|
1,530 per annum
|
1,576 per annum
|
1,631 per annum
|
|
|
annum under Item 2
|
|
|
|
4
|
4.10(a)
|
Own car allowance where
|
0.51 per km
|
0.51 per km
|
0.51 per km
|
|
|
use authorised by the
|
|
|
|
|
|
school
|
|
|
|
ANNEXURE A
Teacher Classifications, Teacher Librarians and Temporary
Teachers.
1. Teacher
Classifications
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;
(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;
(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.
(iv) A person
employed as a teacher-librarian who is eligible for Associate (Professional)
Membership of the Library Association of Australia, but who is not a graduate;
or
(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 School.
The 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
3. Temporary Teachers
In the period between 1 January 2004 and 31 January 2005,
temporary teacher shall be defined as follows:
"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 Diocese; 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 either within the school
or at another school of the employer immediately following the cessation of a
prior temporary appointment.
The employer, the union and the teacher may agree to extend the
temporary period of appointment beyond two years if the employer, the union and
the teacher concerned agree. The union shall not withhold its consent
unreasonably.
ANNEXURE B
PORTABILITY
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
|
|
on
|
|
|
|
|
(Date)
|
_________________________
|
|
|
_______________________________
|
Signature
|
|
|
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:
(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
|
ANNEXURE C
DIOCESE OF LISMORE
The provisions of this Annexure shall apply and relate only
to the Diocese of Lismore
CONTENTS
1.
|
Philosophical Statement
|
52
|
2.
|
Definitions
|
52
|
3.
|
Travelling Expenses
|
52
|
4.
|
Promotion Positions
|
53
|
5.
|
Duties of Teachers
|
56
|
6.
|
Teacher Librarians
|
56
|
7.
|
Study Leave
|
56
|
8.
|
Professional
Development
|
56
|
9.
|
Flexibility in School
Day
|
57
|
10.
|
Grievance Procedures
|
57
|
1. Philosophical
Statement
The Central tenet of Diocesan practice is the recognition of
the importance of the Parish. Local
faith communities generally mediate the Church to most people.
Therefore Diocesan Policy encourages Parish ownership of an
responsibility for pastoral endeavours. This especially applies to the schools
of the Diocese. The role of the Diocesan Education Board and the Director of
Catholic Schools is to enable and support the local school in achieving it
objectives in partnership with Parish authorities, in particular the clergy.
The Lismore Diocesan Schools System is unique in New South
Wales and probably throughout Australia in its emphasis on the principle of
subsidiary and the decentralisation of decision making.
2. Definitions
2.1 The definition
appearing in paragraph (x) (iv) of Clause 2, Definitions, shall not apply in
the Diocese of Lismore.
3. Travelling
Expenses
(a) Where the use
of an employee’s own vehicle is required in connection with employment, other than
for journeys between home and place of employment, the teacher shall be paid an
allowance of 37c per kilometre.
4. Promotion
Positions
The following provisions will apply in the Diocese of
Lismore instead of the provisions of Clause 5, Promotion Positions.
4.1 Definitions
(a) Co-ordinator 1
A "Co-ordinator 1" means a teacher appointed
to be responsible for or assist another Co-ordinator in:
(i) an area of
curriculum; and/or
(ii) pastoral
care; and/or
(iii) other duties
as determined by the Principal.
(b) Co-ordinator 2
A "Co-ordinator 2" means a teacher appointed
to be responsible for:
(i) co-ordination
of the program of work area(s) or curriculum; and/or
(ii) co-ordination
of pastoral care or other programs; and/or
(iii) other duties
as determined by the Principal.
(c) Co-ordinator 3
A "Co-ordinator 3" means a teacher appointed
to be responsible for:
(i) the
co-ordination of area(s) of curriculum and/or pastoral care or any program(s)
as determined by the Principal; and/or
(ii) the support
and supervision of those responsible for the co-ordination of subject areas;
and/or
(iii) other duties
as determined by the Principal.
4.2 Points Table
(a) The position
of Assistant Principal shall be appointed where the enrolment at the previous
year's census date in a Secondary School exceeds 200 students or in a Primary
School where the enrolment at the previous year's census date exceeds 100
students.
(b) The minimum
number of promotion points in a secondary school shall be determined in
accordance with the following table:
Secondary
Enrolments at
|
Co Coordinator
Points
|
Totals
|
Previous Year's
Census Date
|
|
|
|
General
|
Learning
|
|
|
|
Technologies
|
|
1-200
|
4
|
-
|
4
|
201-300
|
6
|
-
|
6
|
301-350
|
11
|
-
|
11
|
351-400
|
12
|
-
|
12
|
401-450
|
13
|
-
|
13
|
451-500
|
15
|
-
|
15
|
501-550
|
17
|
-
|
17
|
551-600
|
18
|
-
|
18
|
601-700
|
19
|
-
|
19
|
701-800
|
25
|
2
|
27
|
801-900
|
28
|
2
|
30
|
901-1000
|
30
|
2
|
32
|
1001-1200
|
32
|
2
|
34
|
1201-1400
|
34
|
2
|
36
|
1401-1600
|
36
|
2
|
38
|
The number of Co-ordinators required to be appointed
shall be calculated by allowing one point for each Co-ordinator 1, two points for
each Co-ordinator 2 and three points for each Co-ordinator 3
(c) The minimum
number of promotions points in a primary school shall be determined in
accordance with the following table:
Secondary
Enrolments at
|
Co Coordinator
Points
|
Totals
|
Previous Year's
Census Date
|
|
|
|
General
|
Learning
|
|
|
|
Technologies
|
|
1-100
|
2
|
-
|
|
101-200
|
2
|
-
|
|
201-250
|
3
|
-
|
3
|
251-300
|
4
|
-
|
4
|
301-400
|
4
|
-
|
4
|
401-500
|
6
|
-
|
6
|
501-600
|
6
|
-
|
6
|
601-700
|
8
|
1
|
9
|
700+
|
8
|
2
|
10
|
The number of Co-ordinators required to be appointed
shall be calculated by allowing one point for each Co-ordinator 1, two points
for each Co-ordinator 2 and three points for each Co-ordinator 3.
4.3 Religious
Education Co-ordinator
The above points table includes the position of
Religious Education Co-ordinator. In
general, any Co-ordinator Position within a school will not attract more points
than the Religious Education Co-ordinator position.
4.4 Appointment
and Induction
(a) All
appointments will be made on the basis of merit and suitability and in
accordance with documented diocesan selection and appointment procedures and
will normally and appropriately be advertised. The advertisement will be
accompanied by a role description for the position.
(b) Each teacher
in a promotion position will receive a letter of appointment to this position
which will set out the duties to be performed by the teacher in the school and
the period of appointment.
(c) Each teacher
appointed to a promotion position will be inducted into that position, in
accordance with Diocesan policy, and will be informed of professional
expectation and duties. The Catholic Education Office, Lismore and the IEU
agree to discuss induction of Co-ordinators in the context of this agreement
with a view to arriving at agreed minimum procedures.
(d) Appointment
Requirements
Appointment to Co-ordinator 2 and 3 positions will not
normally be made unless the teacher is classified as Step 7 on the salary
scale.
Appointment to Co-ordinator 1 positions will not be
dependent on classification.
4.5 Length of
Appointment
(a) Appointment to
Co-ordinator 2 and 3 positions will normally be for three years.
Any appointment made within the three year cycle will be appointed for
the balance of the cycle.
(b) Appointment to
Co-ordinator 1 positions will be for one or three years, however any
appointment must conclude at the end of the three-year cycle.
(c) At the end of
the above periods the position will be re-advertised in accordance with
subclause 4.4 of this Annexure.
(d) A teacher who
is required to act in a promotion position for a least ten consecutive school
days shall be paid the appropriate Co-ordinator Allowance.
4.6 Performance
Review
(a) Each teacher
in a promotion position will participate in an ongoing performance review
process with either the Principal or the Principal’s delegate according to
procedures to be agreed between the Diocese and the IEU. Once in each period of
appointment a broader based performance review will take place. This will
involve self-appraisal, consultation with executive and a formal review report.
(b) Where there
are significant areas of concern in the performance in a role, a clearly
documented development plan with an agreed time line will be initiated as the
first stage of a grievance procedure.
(c) The above
procedures will not prevent a Principal in consultation with the Director of
Schools instituting, during a period of appointment a grievance procedure for
an appointee whose performance is considered sufficiently unsatisfactory to
warrant such action.
4.7 Allocation of
Points
(a) The number of
co-ordinator points allocated to a school will be based on the anticipated
enrolment of the school at the commencement of the three year cycle.
(b) Principals
will consult with staff to determine the best distribution of available points.
(c) In general,
adjustment of co-ordinator points downwards will not occur during the three (3)
year cycle. Normally where a school moves into a new enrolment band appointment
will be made for the balance of the three (3) year cycle.
4.8 Secondary
Schools Allocation of Points
The following principles will apply for the
distribution of points in a secondary school:
(a) Co-ordinator
points will be allocated wherever practicable to Key Learning Areas.
(b) Core subjects,
including Religious Education, English, Mathematics and Science will have
separate co-ordination. Co-ordination
of other KLA’s will be determined on the basis of need and extent of
responsibility.
(c) Larger KLA’s
such as Human Society and Its Environment and Technology and Applied Studies
may be co-ordinated as a whole or may be broken up into individual subject
areas according to the needs of the school.
5. Duties of Teachers
The following provisions shall apply in the Diocese of
Lismore instead of the provisions of subclause 3.3 of clause 3, Terms of
Engagement of the Award:
The normal duties of teachers in addition to teaching, preparation
and assessment and reporting shall include supervision duties, sports related
duties, pastoral care, attendance at staff meetings, parent/teacher meetings
and the usual extra curricular activities of a school.
6. Study Leave
In the Diocese of Lismore the following Clause will apply in
addition to the provisions of paragraph (b) of subclause 15.3 of clause 15,
Other Leave.
A teacher who is undertaking a course of study relevant to
the teaching profession shall be entitled to three days' paid leave per year to
attend compulsory residential schools associated with the course. The teacher
must make application supported by documentation, to the Principal.
7. Professional
Development
In the Diocese of Lismore the following provision will apply
in addition to clause 3.5, Teacher Skill Development:
The parties recognise that teachers, as professionals, have
an ongoing need to participate in professional development to meet the demands
caused by changes in curriculum, Diocesan policy and in the community’s
expectations of schools.
While teachers will be withdrawn and/or replaced where
necessary, the rate of change may necessitate teachers taking part in
professional and personal development in other than face to face school hours.
8. Flexibility in
School Day
8.1 The parties
are committed to the principle of flexibility in the timing and length of the
school day to meet changing curriculum requirements and student needs.
8.2 A process of
consultation and communication with teachers, parents and students should be
carried out before change is introduced.
9. Grievance
Procedures
9.1 Introduction
There is a continuing need in each school for appraisal
and evaluation at all levels to ensure that the educational aims of the school
are being achieved.
Deficiencies in teacher performance need to be
identified early. Action to overcome
such deficiencies should be taken as soon as possible.
In all such cases, the Principal, assisted as appropriate
by senior member of staff, should help the teacher identify the problem and
develop effective strategies for a resolution of the difficulty with a
reasonable period of time.
Formal grievance procedures do not replace normal
practice in schools for resolving day to day matters. They only come into
operation when the normal practice fails.
In dealing with disciplinary situations, Principals
should, wherever practicable, follow these procedures, in the interest of
justice and fairness to the Diocese, its schools and their staffs, as well as
in the interest of efficiency and consistency in management.
9.2 The School
Both the Catholic Education Office and the Independent
Education Union will encourage Principals and teachers to initially discuss perceived
problems at a school level.
Any such problem which is discussed within the school
may again become relevant where the problem continues to exist or where further
problems develop.
It is not necessary in the school context for all
problems to be brought to the teachers attention in writing.
Where a Principal seeks to interview a teacher in
relation to a problem, the teacher is free to be accompanied by another teacher
of his/her choice from the staff of the school. The Principal is also free to
have a witness. In any such interview the Principal will inform the teacher of
the nature of the problem.
Where a problem has been brought to the Principal’s
attention on a written complaint from parents, pupils or other staff members
the teacher must be allowed to view the complaint.
At any interview the Principal will inform the teacher
of the area(s) of his/her performance that is/are causing concern. The teacher must be given ample opportunity
to respond.
It is anticipated that the interview would be conducted
in an open and frank manner.
During the interview both parties should strive to find
a satisfactory solution to the problem. This should include each party
examining the problem area(s) with a view to establishing strategies or
practices to eliminate the problem. The Principal is encouraged to offer any
assistance that is possible to help the teacher overcome the problem. Similarly
the teacher is encouraged to indicate any assistance that he/she would like to
counter the problem.
The Principal would normally write to the teacher
confirming the outcome of the interview. This may include any specific
instructions given to the teacher by the Principal as well as any strategies to
assist the teacher to overcome the problem and the period of time in which
those strategies are expected to lead to a resolution.
9.3 The Catholic
Education Office
The Director of Schools will become involved if it is
the Principal’s view that sufficient improvement in performance has not
occurred OR where the problem is so immediate and serious that the procedure
above cannot be applied.
The Director (or his nominee) will make arrangements to
meet with the teacher. The advice will normally be in writing and will indicate
the time and place of the interview, the nature of the matters to be discussed
and who may be expected to be present.
The teacher may chose to inform the Independent
Education Union of the interview. The Independent Education Union will inform
the Catholic Education Office of such a choice.
Both parties may wish to have a witness present. The
teacher may be accompanied at such interview by another teacher of his/her
choice from the staff of the school who may be the Independent Education Union
Chapter Representative or by an Independent Education Union Officer.
Any person at the interview is free to take notes.
During this interview the teacher will be informed of
the nature of the problem referred by the Principal. The teacher will be given
an opportunity to respond. Again
possible solutions to the problem should be discussed. The teacher must be
advised of the consequences of his/her action if the areas of concern are not
eliminated.
As soon as practicable after the interview the teacher
will be informed in writing of the appropriate action to be taken or of the
current position of the teacher’s employment.
This may include the following:
(a) there is a
need for improvement in the teacher’s performance and the matter will be
reviewed at a later date; OR
(b) there are
specific matters which have caused concern and that any re-occurrence of those
matters may result in further action being taken by the employer; OR
(c) steps will be
taken to make available to the teacher appropriate advisory or counselling
services; OR
(d) the teacher is
to be disciplined and the nature of such disciplinary action; OR
(e) such other
steps as regarded appropriate by the employer are to be taken.
Where the teacher is advised that his/her performance
is to be reviewed at a later date the Director or representative will inform
the teacher in writing of aspects of the review which should include:
(a) the aspects of
the teacher’s performance to be reviewed and the nature of the improvement
required;
(b) the method that
will be used to conduct the review;
(c) the name(s) of
the person(s) who will conduct the review;
(d) the approximate
time(s) at which the review will be carried out;
(e) the nature of any
special assistance that will be made available to the teacher during the course
of the review;
(f) any other
matter deemed appropriate.
During the review period changes to the above
procedures may occur by mutual agreement.
At the end of the period of review as mentioned in (d)
above, the teacher will be advised in writing that:
(a) the process of
review has been completed and that the required improvement in the teacher’s
performance has been achieved; OR
(b) the process of
review is to be extended; OR
(c) the process of
review has been completed and that the required improvement in the teacher’s
performance has not been achieved; OR
(d) other steps as
regarded appropriate will be taken.
9.4 Confidentiality
Every endeavour should be made to keep the issue
confined within the particular school as much as possible in order to ensure
that the dignity of the teacher(s), the school and its personnel is maintained
at all times.
P. J. SAMS D.P.
____________________
Printed by the
authority of the Industrial Registrar.