Higher School Certificate and
School Certificate Marking and Related Casual Employees Rates of Pay and
Conditions Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Office of
Board of Studies.
(No. IRC 2465 of 2006)
|
Before The Honourable
Justice Schmidt
|
14 June 2006
|
AWARD
This award is
arranged as follows
Section 1 - The Award
Clause No. Subject Matter
1. Award
Title
2. Intention
3. Definitions
Section 2 - Conditions of Marking and Related Matters
4. HSC
Marking Procedures
5. Marking
of Written Papers
6. Privacy
Section 3 - Conditions of Employment
7. Duties of
Marking, Advice Line and Inquiry Centre Staff
8. Hours of
Work
9. Provision
of Facilities
10. Recruitment
and Appointment of Marking Staff
11. Termination
of Services
12. Qualifications
13. Reporting of
Performance
14. Family
Leave Provisions
Section 4 - Rates of Pay and Allowances
15 Rates of
Pay and Allowances
16. Deduction of
Unions' Membership Fees
17. Superannuation
18. Salary
Sacrifice to Superannuation
Section 5 - Award Compliance and Related Matters
19. Nomination
of Unions' Representatives
20. Dispute
Resolution Procedures
21. No Further
Claims
22. Anti-Discrimination
23. Occupational Health and Safety
24. Area
Incidence and Duration
Schedule 1
Table 1 - Weekday, Weekday Supplementary,
Weeknight/Saturday and Sunday Rates
Table 2 - Domestic Marking Rates
Table 3 - Languages Other Than English (LOTE) Examiners
Hourly Rates
Table 4 - Other Rates and Allowances
SECTION 1 - THE AWARD
1. Title
This award shall be known as the Higher School Certificate
and School Certificate Marking and Related Casual Employees Rates of Pay and
Conditions Award.
2. Intention
The award accommodates reforms attaching to the
implementation of standards referenced assessment for the New HSC from 2000 and
the School Certificate from 1998 arising from the Government's White Paper
"Securing Their Future".
3. Definitions
3.1 "the Act"
means the Public Sector Employment and
Management Act 2002.
3.2 "Assistant
Officer in Charge HSC Inquiry Centre" means a person employed as such to
assist the Director, Examinations and Certification, or delegate, in the
supervision of the HSC Inquiry Centre.
3.3 "Assistant
Supervisor of Marking" means a person employed as such to assist the
Supervisor of Marking.
3.4 "Board"
means the Board of Studies, a statutory body corporate established by Section
99 of the Education Act 1990.
3.5 "Corporate
marking" means the marking, pilot marking, briefing, standards setting and
other activities associated with HSC examination and SC test responses, whether
written or other, carried out at centres designated by the General Manager
during the day and night.
3.6 "Director,
Examinations" means the person holding or acting in the Senior Executive
position appointed as such pursuant to Section 17 of the Public Sector
Employment and Management Act 2002.
3.7 "Discrepant"
means a difference in the marks allocated to a student’s examination response
which has been double marked which exceeds the parameters set out in clause 4.2
of this award. For questions where a
single mark is awarded by each examiner, two marks are discrepant if their
difference is equal to or greater than a fixed proportion of the maximum mark
value of the question.
3.8 "Domestic
Marker" means a person employed as such to undertake a program of marking
of the HSC/SC and paid by the number of scripts marked, with additional payment
on an hourly basis for briefing and pilot marking.
3.9 "Domestic
Marking" means the marking, pilot marking, briefing, standards setting and
other activities associated with HSC examination and SC test responses, whether
written or other, where the responses are collected by or delivered to the
markers to mark in their own time, and at individual locations.
3.10 "Double
Marking" means a process where two markers make independent judgements
concerning the relative merit of a student’s examination response and each
allocates a mark in accordance with the approved marking scheme and with each
marker being unaware of the mark allocated by the other marker.
3.11 "Employees"
means Markers, Domestic Markers, Senior Markers, Assistant Supervisors of
Marking, Supervisors of Marking, HSC Advice Line Subject Coordinators, HSC
Advice Line Advisers, Assistant Officer-in-Charge Inquiry Centre, Inquiry
Officers, LOTE Examiners, LOTE Casuals and HSC Advice Line Operational
Managers.
3.12 "General
Manager" means the person holding or acting in the position of Department
Head of the Office of the Board of Studies.
3.13 "HSC"
means the Higher School Certificate examination.
3.14 "HSC
Advice Line Adviser" means a person employed as such to provide advice to students
at the HSC Advice Line.
3.15 "HSC
Advice Line" means the telephone advisory service operating in the weeks
immediately prior to and during the HSC examination period to offer HSC
students advice and information from highly qualified teachers casually
employed by the Board of Studies for that purpose.
3.16 "HSC
Advice Line Staff" means persons employed in the classifications of HSC
Advice Line Adviser, HSC Advice Line Subject Coordinator and HSC Advice Line
Operations Manager.
3.17 "HSC
Advice Line Subject Coordinator" means a person employed as such to
coordinate the work of HSC Advice Line Advisers in specific HSC subjects,
courses or parts of courses at the HSC Advice Line.
3.18 "HSC
Advice Line Operational Manager" means a person employed as such to manage
the HSC Advice Line.
3.19 "HSC
Inquiry Centre" means the HSC telephone inquiry service which operates
following the release of HSC results and is staffed by Inquiry Officers and the
Assistant Officer-in-Charge HSC Inquiry Centre.
3.20 "HSC
Inquiry Centre Staff" means persons employed in the classifications of
Inquiry Officer and the Assistant Officer in Charge HSC Inquiry Centre.
3.21 "Inquiry
Officer" means a person employed as such to answer inquiries from students
at the HSC Inquiry Centre.
3.22 "Itinerant
marking" means the marking, pilot marking, briefing, standards setting and
other activities associated with HSC examination and SC test responses, whether
written or other, which occurs at various successive locations and where the markers
travel between these decentralised locations at which the responses are
produced or held.
3.23 "Languages
other than English (LOTE) Examiner" means a person employed as such
released from their normal teaching duties while on full pay during the normal
working day, to conduct speaking and listening skills examinations in languages
other than English at schools, colleges or special examination centres
designated by the General Manager for students other than those being taught as
part of the Examiner's normal teaching duties.
LOTE Examiners do not assign marks.
3.24 "Languages
other than English (LOTE) Casual" means a person employed as such (who is
not normally employed in a teaching position for which paid relief is provided)
to conduct speaking and listening skills examinations in languages other than
English at schools, colleges or special examination centres designated by the
General Manager. LOTE Casuals do not
assign marks.
3.25 "Marker"
means a person employed as such for the purpose of Corporate marking or
Itinerant marking.
3.26 "Marking
Staff" means all persons employed in the classifications of Markers,
Senior Markers, Assistant Supervisors of Marking and Supervisors of Marking.
3.27 "Paid
Relief" means the reimbursement made to a school, college or school system
to cover the employment of a replacement teacher to replace the teacher
involved in marking or the Languages other than English (LOTE) Examiner
conducting languages other than English examinations (as per definition), with
the intention that the reimbursement made is to enable a replacement teacher to
perform the normal duties of the teacher involved in marking or the teacher
conducting languages other than English examinations.
3.28 "Parties"
means the General Manager and the unions.
3.29 "SC"
means the School Certificate tests.
3.30 "Senior
Marker" means a person employed as such to undertake marking as required
and to supervise a team of markers under the direction of the Supervisor of Marking
and the Assistant Supervisor of Marking.
3.31 "Supervisor
of Marking" means a person employed as such to manage the marking
operation in particular subjects, courses or parts of courses as determined by
the General Manager.
3.32 "Unions"
means the New South Wales Teachers Federation, the National Tertiary Education
Industry Union of New South Wales and the New South Wales Independent Education
Union.
SECTION 2 - CONDITIONS OF MARKING AND RELATED MATTERS
4. HSC Marking
Procedures
4.1 Double Marking
shall be used for questions which require an extended response such as essays,
creative writing and responses to literature and will be used in all subjects
where double marking was applied in the 1998 HSC.
4.2 The
identification of discrepant marks will be made in accordance with the
following parameters:
(a) For questions
where a single mark is awarded by each examiner - where the difference between
the two examiners' marks is equal to or greater than one-third of the range of
marks allocated to the question.
(b) Where the mark
awarded for the question comprises marks awarded to a number of part questions
- where the difference between the total mark awarded for the question by each
examiner is equal to or greater than one-quarter of the range of marks.
4.3 Where marks
for a student's examination response are found to be discrepant pursuant to
clause 4.2, the student's examination response will undergo a third independent
marking.
4.4 The parties to
the award agree to consult in relation to the application of double marking and
discrepant marking prior to each marking period.
5. Marking of Written
Papers
5.1 The majority
of marking of written papers is undertaken by marking staff travelling to a centre
to mark between 4.00 p.m. and 9.00 p.m. Monday to Friday and 9.00 a.m. and 5.00
p.m. on Saturdays.
5.2 A proportion
of marking of written papers may occur between 9 am and 5.30 pm Monday to
Friday in the case only of:
(a) briefing,
pilot marking, standards setting and other related duties performed during the
day prior to the commencement of
evening marking at a centre or at the conclusion of the marking program for a
course; and
(b) corporate
marking performed in accordance with sub-clauses 5.3 to 5.5, referred to as day
marking.
5.3 The particular
subjects, courses or parts of courses to be marked by corporate marking between 9 am and 5.30 pm Monday to Friday:
(a) in the Sydney
metropolitan area will be rotated from year to year and will not include
subjects, courses or parts of courses in which there is itinerant marking;
(b) in areas
outside the Sydney metropolitan area may be rotated from year to year and will
not include subjects, courses or parts of courses in which there is itinerant
marking.
5.4 No more than
12 per cent of the total hours of written marking shall be marked by corporate
marking between 9 am and 5.30 pm Monday to Friday.
5.5 At the
beginning of each year the parties agree to consult over the operation of
corporate marking between 9 am and 5.30 pm Monday to Friday in the preceding
marking period. Such consultation shall
include, without being limited to, discussion of the following issues - the mix
of metropolitan and non-metropolitan corporate marking between 9 am and 5.30 pm
Monday to Friday and the subjects in which corporate marking between 9 am and
5.30 pm Monday to Friday is utilised.
6. Privacy
The parties note the regulations to the Education Act
1990. In respect of the HSC Advice Line
and HSC Inquiry Centre, information regarding individual students, individual
Advice Line staff, individual Inquiry Centre staff and individual schools will
not be publicly disclosed.
SECTION 3 - CONDITIONS OF EMPLOYMENT
7. Duties of Marking,
Advice Line and Inquiry Centre Staff
7.1 Marking Staff
Without limiting the generality of clause 7.4, the
duties of marking staff involve attendance at designated venues according to a
program determined by the General Manager comprising pilot marking, marking,
briefing, standards setting and other activities associated with examination
scripts, projects and performances for School Certificate and Higher School
Certificate assessment purposes. These
activities can take place in a range of school, marking centre and domestic
settings.
7.2 HSC Advice
Line Staff
Without limiting the generality of clause 7.4, the
duties of HSC Advice Line staff engaged for the HSC Advice Line service are to
provide guidance and reassurance to individual candidates up to the
commencement of nominated subject examinations about aspects of their
studies. The Advice Line is a telephone
service set up and supported by the Office and staffed by suitably qualified
teaching service personnel.
7.3 Inquiry Centre
Staff
Without limiting the generality of clause 7.4, the
duties of Inquiry Centre staff are to respond to student and teacher questions
regarding aspects of their Higher School Certificate results and assessment
marks.
7.4 Duties as
Directed
(a) The General
Manager, or his/her delegate, nominee or representative, may direct an employee
to carry out such duties as are within the limits of the employee's skill,
competence and training, consistent with the classifications covered by this
award and provided that such duties are not designed to promote deskilling.
(b) Any directions
issued by the General Manager pursuant to paragraph (a) of this clause shall be
consistent with the General Manager's responsibility to provide a safe and
healthy working environment.
8. Hours of Work
8.1 The ordinary
hours of work for Employees shall be:
(a) Monday to
Friday Corporate Marking SC and HSC:
(i) 9 am to 5.30
pm; or
(ii) 4 pm to 9 pm.
(b) Monday to
Friday HSC Advice Line - 4 pm to 10 pm in two shifts of 4 pm to 7 pm and 7 pm to
10 pm.
(c) Saturday
Corporate Marking SC and HSC and the conducting of languages other than English
speaking and listening skills examinations on Saturdays 9 am to 5 pm.
(d) Saturday HSC
Advice Line - 10 am to 6 pm in two shifts of 10 am to 2 pm and 2 pm to 6 pm.
(e) Sunday HSC
Advice Line - 10 am to 10 pm in three shifts of 10 am to 2 pm, 2 pm to 6 pm,
and 6 pm to 10 pm. In exceptional
circumstances, by agreement between the parties, work may be performed in two
shifts of 10 am to 4 pm and 4 pm to 10 pm, with a paid meal break of 40 minutes
at a time that is convenient to both the HSC Advice Line staff person and the
General Manager.
(f) Monday to
Friday HSC Inquiry Centre - no more than eight hours employment in the period
8.30 am to 6 pm.
(g) Itinerant
Marking - 9 am to 3.30 pm Monday to Friday, 9 am to 5 pm Saturday.
8.2 Provided that,
with the exception of the HSC Advice Line staff, all other Employees will be
entitled to a one-hour meal break between the hours, as applicable, of :
(a) 12.30 pm to 2
pm, Monday to Friday;
(b) 6 pm to 7.30
pm, Monday to Friday;
(c) 12.30 pm to 2
pm, Saturday.
8.3 With the
exception of HSC Advice Line staff, employees will be entitled to a morning and
afternoon tea break of ten minutes each on each work day which will count as
time worked or, in the case of HSC Advice Line staff, reasonable breaks each
hour will be provided.
8.4 Hours of work
for Languages other than English (LOTE) Examiners shall be pursuant to the
minimum shift engagement of three hours between 9 am to 3.30 pm on weekdays.
8.5 With the
exception of HSC Advice Line staff and HSC Inquiry Centre staff, and at the
request of the markers of a particular subject, Supervisors of Marking may ask
the Director, Examinations to vary the hours of work for that subject as
follows :
(a) Commencing
work at 8.30 am and finishing at 4.30 pm on Saturdays.
(b) Commencing
work at 4 pm and finishing at 9.15 pm and 8.45 pm respectively on Monday to
Friday.
8.6 Subject to the
progress of marking in particular subjects, courses or parts of courses,
Supervisors of Marking may request the Director, Examinations to allow an
unpaid lay night where no marking is undertaken in a particular subject,
courses or parts of courses on that night.
8.7 Itinerant
examiners shall have up to one hour of unpaid travelling time, with one hour
for lunch for the remuneration as applicable according to whether they are
released from full-time teaching or not as set out in clauses 15.2.2 and 15.2.3
respectively. All other marking shall
be remunerated at the applicable rates as set out in clauses 15.2.1 and
15.2.4. Additional travelling time
shall be paid at the weekday rate as set out in clause 15.2.3.
8.8 Employees
engaged in Corporate Marking may, subject to the agreement of the majority of
employees affected, reach agreement with the relevant Supervisor of Marking to
work beyond the scheduled finishing times described in clause 8.1. In the event this involves Employees working
beyond their regular shift of 9 am to 5.30 pm weekdays and 9 am to 5 pm
Saturday until 6.30 pm then a further meal allowance is payable notwithstanding
the provisions of clause 15.5.
9. Provision of
Facilities
9.1 Parking
Free secure car parking spaces and free transport to
rail will be provided for HSC Advice Line staff who work past 6.30 p.m.
9.2 Tea/Coffee
9.2.1 Adequate tea,
coffee, milk, sugar and refrigerator facilities will be provided at each
marking centre.
9.2.2 Access of
employees to tea and coffee facilities will, at all times, be subject to the
directions of the Supervisors of Marking to ensure minimal interruption to the
marking process.
9.2.3 Employees will
supply their own cups for tea and coffee during the employment.
9.3 Occupational
Health and Safety
9.3.1 Marking centres
will be clean and tidy prior to the commencement of marking each day in
accordance with occupational health and safety legislation standards.
9.3.2 Personal headsets
will be provided for HSC Advice Line and HSC Inquiry Centre staff.
9.4 Proof of
Identity
Employees will supply their own photograph, of a
standard passport size, for attachment to an identification card. Employees will carry identification cards at
all times during the marking, the HSC Advice Line and the HSC Inquiry Centre
processes. Employees will replace
photographs in the event of the loss of a card.
9.5 Other
Facilities
Marking centres will be provided with adequate toilets,
first-aid facilities and eating areas.
10. Recruitment and
Appointment of Marking Staff
10.1 Supervisors of
Marking
Supervisor of Marking applications will be considered
by a Selection Committee chaired by the Director, Examinations. The following
factors will be used in selecting the most eligible applicant.
10.1.1 Previous
marking experience as a Senior Marker, Coordinating Senior Marker or Assistant
Supervisor of Marking.
10.1.2 Substantial
and recent teaching experience at a senior level.
10.1.3 Demonstrated
high level organisational, management and leadership skills. eg. position on
staff.
10.1.4 Demonstrated
ability to manage a complex operation such as a marking centre.
10.1.5 Qualifications
in the subject - university degree or recognised equivalent.
10.1.6 Membership
of professional bodies associated with the subject, eg. curriculum committees,
professional associations, etc.
10.2 Advice Line
Subject Coordinators
Subject Coordinators will be considered by a Selection Committee
chaired by the Director, Examinations. The following factors will be used in
selecting the most eligible applicant.
10.2.1 Previous
experience as an Adviser or Assistant Subject Coordinator.
10.2.2 Previous
marking experience as a Senior Marker, Coordinating Senior Marker, Assistant
Supervisor of Marking or Supervisor of Marking.
10.2.3 Substantial
and recent teaching experience at a senior level.
10.2.4 Demonstrated
high level organisational, management and leadership skills. eg. position on staff.
10.2.5 Qualifications
in the subject - university degree or recognised equivalent.
10.2.6 Membership
of professional bodies associated with the subject, eg. curriculum committees,
professional associations, etc.
10.3. Criteria for
Marker and Adviser Selection
10.3.1 The
Office of the Board of Studies will ensure that subject specific criteria used
by the Supervisor of Marking (SOM)/Advice Line Subject Co-ordinator (SC) when
making his/her selection/non-selection conforms with the general selection
criteria and has been applied consistently across the subject/course.
The following general criteria will be used in
selecting markers and advisers.
10.3.1.1 Total
number of years teaching the subject/course - As a general guide, three years'
experience teaching the subject/course at a senior level will be regarded as a
minimum requirement for appointment as a marker/adviser.
10.3.1.2 Recent
teaching of the subject/course - As a general guide, an applicant who has not
taught the course/subject in the last 3 years is regarded as not having recent
teaching experience.
10.3.1.3 Retired
applicants - The requirement for adequate recency of teaching will mean that,
in most cases, retired applicants will not be eligible for appointment.
10.3.1.4 Qualifications
- Normally a degree with a major in the subject or a program of study deemed to
be equivalent is required for appointment as a marker/adviser.
10.3.1.5 Current
position within the school - School Principals are not eligible for appointment
as a marker/adviser. Preference is
given to teachers directly involved in the organisation and teaching of the
subject.
10.3.1.6 Part-time
and casual teachers - In most cases, applicants who are casual teachers will
not have sufficient teaching experience.
However, there may be instances where the applicant is a casual teacher
but has had experience teaching blocks of senior classes which may amount to
the minimum required years teaching experience for appointment.
10.3.1.7 Turnover
of markers/advisers - A minimum of 10 per cent of markers/advisers appointed
each year will not have marked/advised previously. This is a policy aimed at increasing the pool of teachers with
marking/advising experience in each subject.
In subjects where the number of applicants exceeds the
number of available positions, a limit on the number of years for appointment
to marking/advising may be applied.
10.3.1.8 Topic
expertise - Where necessary, an applicant may be appointed on the basis of the
expertise they have in a particular area of the subject/course.
10.3.1.9 Previous
satisfactory marking/advising - Although previous marking/advising experience
should be considered in determining an applicant's qualifications for
appointment, the Office of the Board of Studies will not automatically
reappoint a marker/adviser from the previous year. Markers deemed to have an
unsatisfactory performance level may not be appointed in subsequent years.
10.3.1.10 Other
relevant experience in promoting the subject - An applicant who has not had any
recent experience teaching the course or the subject may be appointed if the
Office of the Board of Studies deems their experience relevant to the marking
program.
10.3.1.11 Distance
- Appointment of markers/advisers will be restricted to teachers who can ensure
that they will be able to commence marking as scheduled each day. Any applicant who is outside reasonable
distance from the marking centre must show ability to get there on time.
Applicants who live a long distance
from the Advice Line/marking centres but have indicated that they intend to
take leave if appointed will be considered eligible in terms of this criterion.
10.3.1.12 Signature
of the Principal - The Principal (or Dean of Studies at TAFE or relevant
supervisor) is required to sign a declaration concerning the applicant's
employment status and availability. If the applicant is working at a
school/college, but no Principal's signature is present, the applicant is not
eligible for appointment. The Principal/Dean of TAFE/relevant supervisor must
indicate if they are recommending or not recommending the application.
10.3.1.13 Completed
application forms - Selection of markers/advisers is based on the information
provided on the application form. The
Office of the Board of Studies will not
contact an applicant who has not completed a section of the form which is
crucial in determining that person's eligibility. Applicants are responsible for the provision of complete and
accurate information necessary to make selections.
10.3.1.14 Date
of application lodgement - If a marker's/adviser's application form is received
after the closing date, the applicant will only be appointed if there is a
shortage of qualified applicants.
10.3.1.15 Representation
from various schools and from different education systems In selecting markers,
consideration will be given to a balanced representation of markers/advisers
from Government Schools, Catholic Schools, Independent Schools, Institutes of
TAFE and universities.
10.3.2 Criteria
Specific to Marker Selection -
10.3.2.1 Appointment
to more than one marking session - In order to give as many suitably qualified
applicants the opportunity to participate in marking, applicants will generally
be appointed to only one course and to one session where there is both a
practical and written component.
10.3.2.2 Examination
Committee members - Members of the Examination Committee will not be given
automatic appointment as markers.
10.3.2.3 Availability
- Teachers appointed for marking will need to be available for all marking
sessions, including briefing and pilot marking, and will have agreed to this
and all other conditions of employment by signing the Applicant's Declaration
on the reverse side of their application form.
Any applicants who have not signed the Applicant's Declaration will not
to be appointed.
10.3.3 Criteria
Specific to Adviser Selection -
10.3.3.1 Availability
- Successful applicants may be required to attend the appropriate briefing
session for their chosen subject. While
availability at all Advice Line sessions is not essential, it is expected that
successful applicants will be available for the majority of these sessions and
will have agreed to this and all other conditions of employment by signing the
Applicant's Declaration on the reverse side of their application form. Any applicants who have not signed the
Applicant's Declaration will not to be appointed.
10.3.3.2 Applicants
not eligible for appointment - Members of the Examination Committee,
Examination Assessors and any other person who has viewed the examination
papers for the current year in the particular subject/course are not eligible
for appointment.
10.3.3.3 Recent
teaching of the subject/course - Suitably qualified applicants who have taught
the course to HSC level in the current year will be given preference in
selection.
10.4 Provision of
Information
(a) The unions
party to the award shall have access to information concerning the application
of criteria for particular applicants.
(b) The unions
shall have access to information on the distribution of applicants appointed
from various schools and different education systems.
(c) An applicant
who is not appointed shall be advised of the reason for non-appointment.
11. Termination of
Services
An employee is entitled to 48 hours' notice of termination
of services, or the equivalent of two days' ordinary pay in the relevant
employment classification, except where termination of services is on account
of misconduct of any kind or any unsatisfactory standard of work or voluntary
withdrawal by the employee.
12. Qualifications
The minimum qualifications and experience for employment
under this award shall be determined by the General Manager.
13. Reporting of
Performance
A system of appraisal of performance of Employees will be
undertaken during the HSC/SC marking with the exception of HSC Advice Line and
HSC Inquiry Centre staff. This will
involve provision of an individual report at the conclusion of marking to
Employees showing:
(i) an overall
grading of his/her performance;
(ii) supporting
information relating to accuracy and rate of marking;
(iii) an indication
of his/her attendance record throughout the marking; and
(iv) a written
comment describing his/her performance throughout the marking.
14. Family Leave
Provisions
14.1 The General
Manager must not fail to re-engage an Employee because:
14.1.1 The
Employee or Employee’s spouse is pregnant; or
14.1.2 The
Employee is or has been immediately absent on parental leave
The rights of an employer in relation to engagement and
re-engagement of Employees are not affected, other than in accordance with this
clause.
14.2 Personal Carers
entitlement for Employees
14.2.1 Employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member being:
(a) a spouse or
family member ; or
(b) a de facto
spouse being a member of the opposite sex to the Employee who lives with the
Employee as her husband or as his wife on a bona fide domestic basis although
not legally married to that Employee; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian), a
grandparent, grandchild or sibling of the Employee or of the spouse or of de facto
spouse of the Employee; or
(d) a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or a relative of the Employee who is a member of
the same household, where for the purposes of this definition:-
(i) “relative”
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) “affinity”
means a relationship that one spouse or partner has to the relatives of the
other; and
(iii) “household”
means a family group living in the same domestic dwelling
who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child. This
entitlement is subject to evidentiary requirements set out below in clause
14.3, and the notice requirements set out in clause 14.4.
14.2.2 The
General Manager and the Employee shall agree on the period which the Employee will
be entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The Employee is not
entitled to any payment for the period of non-attendance.
14.2.3 The
General Manager must not fail to re-engage an Employee because the Employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage an Employee are otherwise not affected.
14.3 The Employee,
shall if required,
14.3.1 Establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
14.3.2 Establish
by production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such an emergency resulted in
the person concerned requiring care by the Employee.
In normal circumstances, an Employee must not take
carer’s leave under this subclause where another person had taken leave to care
for the same person.
14.4 The Employee
must, as soon as reasonably practical and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer during
the ordinary hours of the first day or shift of such absence, the Employee will
inform the employer within 24 hours of the absence (drawn from AIRC order
[PR964989]).
14.5 Bereavement
entitlements for Employees
14.5.1 Employees
are entitled to not be available to attend work or to leave work upon the death
in Australia of a family member on production of satisfactory evidence (if
required by the employer).
14.5.2 The
General Manager and the Employee shall agree on the period for which the Employee
will be entitled to not be available to attend work. In the absence agreement,
the Employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The Employee is not entitled to any payment for
the period of non-attendance.
14.5.3 The
General Manager must not fail to re-engage the Employee because the Employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage an Employee are otherwise not affected.
14.5.4 The
Employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the Employee will inform the employer within 24 hours of the absence (Drawn
from AIRC order [PR964989]).
SECTION 4 - RATES OF PAY AND ALLOWANCES
15. Rates of Pay and
Allowances
15.1 The monetary
rates covered by this award are set out in tables 1-4 of Schedule 1 of this
award :
Table 1. Weekday,
Weekday Supplementary, Weeknight/Saturday and Sunday Rates
Table 2. Domestic
marking rates
Table 3. Languages
other than English (LOTE) Examiner Hourly Rates
Table 4. Other
Rates and Allowances
15.2 Rates of Pay
15.2.1 Weeknight/Saturday
rates are hourly rates paid to Employees from 3.30 pm on any weekday and for
all time worked on a Saturday. These
rates include a loading of 11.4% on the Weekday rates to compensate for all
disabilities.
15.2.2 The
Weekday Supplementary rates apply to Employees from 9 am on a weekday until
3.30 pm for Corporate Marking and Itinerant Marking where a teacher is released
on pay from another employer.
15.2.3 The
Weekday rates apply to Employees from 9 am on a weekday until 3.30 pm for
Corporate Marking and Itinerant Marking where the Employee is not normally
employed in a teaching position for which paid relief is provided during
marking. This provision does not apply
to those Employees to which clause 15.2.2 applies.
15.2.4 Sunday
rates are hourly rates paid to employees for all times worked on Sundays and
attract a loading of 50% above the Weekday rate.
15.2.5 Languages
other than English (LOTE) examiners and casuals shall be paid at the rates
specified at table 1 for markers, except in the case of LOTE Examiners who work
less than a full day on weekdays who are to be paid at the hourly rates
specified at Table 3, calculated by dividing the Weekday Supplementary rates at
clause 15.2.2 by 5½ being the number of paid hours compensated by the Weekday
Supplementary rates.
15.2.6 During
the summer school vacation HSC Inquiry Centre Staff are paid the
Weeknight/Saturday rates at clause 15.2.1 for all hours worked, except for
Sunday when the Sunday rates at clause 15.2.4 apply. At other times the rates at clauses 15.2.1, 15.2.2 or 15.2.3 will
be paid, as applicable.
15.2.7 Domestic
Marking Rates :
(a) Where marking is
conducted in a domestic marking mode the rates for such domestic marking are as
set out in Table 2 provided that where the paper is less than three hours in
length the rate is determined as a fraction of the three hour rate e.g. for a
two hour paper the payment is two thirds of the three hour rate.
(b) Where the
marking is undertaken on a question basis the payment will be calculated by
dividing the relevant rate for such paper by the number of questions unless
otherwise specified in Table 3.
15.3 As the
Employees are engaged on a casual basis for a maximum of up to six weeks, the
rates set out in 15.2 incorporate loadings for casual engagement, sick leave
and pro rata holiday pay. The pro rata
holiday pay incorporated in the rates in the said clause was calculated as 1/12
of the hourly rate.
15.4 Minimum
Payments
15.4.1 No
employee engaged in corporate marking shall be paid for less than 4 hours from
the time of starting work.
15.4.2 HSC
Student Advice Line staff required to attend on any day shall be paid no less
than for the shift engagement time.
15.4.3 HSC
Inquiry Centre staff required to attend on any day shall be paid no less than
for 6 hours.
15.4.4 Languages
other than English (LOTE) Examiners shall be paid a minimum of 3 hours for each
weekday at the rates per hour as set out in Table 3 of Schedule 1.
15.4.5 Languages
other than English (LOTE) Casuals shall be paid a minimum of 4 hours at the
Weekday rate for Markers as set out in Table 1 of Schedule 1.
15.4.6 Corporate
Markers engaged :
(a) from 9 am and
who work beyond 3.30 pm shall be paid a minimum of 2 hours at the
Weeknight/Saturday rate for those hours; and,
(b) on a Saturday
shall be paid a minimum of 4 hours from the time of starting work on Saturdays.
15.4.7 Itinerant
Markers engaged :
(a) from 9 am and
who work beyond 3.30 pm shall be paid successive extensions of one half hour at
the Weeknight/Saturday rate for those hours; and,
(b) on a Saturday shall
be paid a minimum of 4 hours calculated from the time of starting work on
Saturdays.
15.4.8 This
clause does not entitle any Employee to minimum payments who arrives late or
who exceeds meal break times or leaves the marking centre/advice line/inquiry
centre early and works less than the minimum payment hours.
15.5 Meal Allowance
A meal allowance, as set out in Item 2 of Table 4, is
payable to an employee on each day (including briefing and pilot marking
sessions) where the Employee works for at least an hour before and an hour
after the meal break. The requirement
for an Employee to work before and after a meal break to be paid a meal
allowance is waived for HSC Advice Line Advisers and LOTE Examiners and LOTE
Casuals.
15.6 Travel
Allowances
15.6.1 Travelling
allowances for all Employees engaged in corporate marking, the HSC Advice Line
and the HSC Inquiry Centre, except for markers engaged in corporate marking
outside the metropolitan areas of Sydney, Newcastle and Wollongong, will be
limited to the rates set out in item 3 of table 4 irrespective of the distance
travelled.
15.6.2 Marking
Staff engaged in Itinerant Marking are entitled to the travel allowances shown
in Item 4 (a) of Table 4, except for their attendance at pilot marking and
briefing sessions. The travel allowance for itinerant marking is based on the
use of a private motor vehicle paid on the basis of cents per kilometre up to
8,000 km per annum at the rate set out in Item 4 (a) of Table 4 and is payable
to persons marking itinerantly in respect of each kilometre travelled in excess
of the total distance between the person's usual place of residence and their
usual place of work and in circumstances where a rental motor vehicle is not
utilised. Marking Staff engaged in
Itinerant Marking attending pilot marking and briefing sessions will be paid a
Travel Allowance at the rate set out in Item 3 of Table 4.
Note: Itinerant Markers have up to one hour of unpaid
travelling time. Additional travelling
time is paid pursuant to clause 8.7.
15.6.3 Marking
Staff engaged in corporate marking outside the metropolitan areas of Sydney,
Newcastle and Wollongong shall be paid:
(a) the Travel
Allowance as set out in Item 3 of Table 4; and in addition (where applicable).
(b) for travel in
excess of 40 km per day from the person's daily place of residence during the
marking period to the marking centre and return, up to a maximum of 160 km
where the person provides evidence of the additional travel involved. The amount shall be an amount per kilometre
as set out in Item 4 (b) of Table 4 ; or
(c) when the
supplementary kilometre allowance at paragraph (b) above is not claimed on a
daily basis and subject to the person's usual place of residence being outside
the Sydney metropolitan area and more than 100 kilometres from the marking
centre, the Travel Allowance as set out in item 5 of table 4 Schedule 1 once
per engagement;
15.6.4 Marking
Staff engaged in itinerant marking who normally reside outside the Sydney
metropolitan area who attend briefing sessions inside the Sydney metropolitan
area shall be paid the Travel Allowance at item 5 of table 4 Schedule 1 once
per engagement subject to the person's usual place of residence being more than
100 kilometres from the briefing session venue.
15.7 Subsistence
Allowances for Itinerant Marking
Marking Staff engaged in itinerant marking outside the
metropolitan area of Sydney who are required to stay overnight at a place other
than their usual place of residence during the marking period, shall be entitled
to the payment of the daily allowance at item 1(a) of table 4 Schedule 1. The entitlement to this allowance will apply
for periods of 24 hours and for any periods less than 24 hours will be
compensated by the payment of the hourly allowance at item 1(b) of table 4
Schedule 1.
15.8 The Allowances
at clauses 15.5, 15.6 and 15.7 will be adjusted in accordance with the rates as
approved from time to time by the Director-General of Premier's Department.
16. Deduction of
Unions' Membership Fees
(i) The unions
shall provide the employer with a schedule setting out unions' fortnightly
membership fees payable by members of the unions in accordance with the unions'
rules.
(ii) The unions
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any
variation to the schedule of unions' fortnightly membership fees payable shall
be provided to the employer at least one month in advance of the variation
taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the unions' rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employees' pay shall be forwarded regularly to the unions
together with all necessary information to enable the unions to reconcile and
credit subscriptions to employees unions' membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the unions, all unions
membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union's membership fees from
his or her pay prior to this clause taking effect, nothing in this clause shall
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
17. Superannuation
All Employees shall be entitled to occupational
superannuation at the appropriate Superannuation Guarantee Contribution (SGC)
rate for all payments pursuant to clause 15.2 Rates of Pay.
18. Salary Sacrifice
to Superannuation
18.1 Notwithstanding
the salaries prescribed by Schedule 1, Monetary Rates, an employee may elect,
subject to the agreement of the employee's department or agency, to sacrifice a
portion of the wage/salary payable under clause 15, Rates of Pay and
Allowances, to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. In this clause, "superannuable
salary" means the employee's salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
18.2 Where the employee
has elected to sacrifice a portion of that payable salary to additional
employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this award or any applicable
award, Act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under the said clause 15 in the absence of any
salary sacrifice to superannuation made under this award.
18.3 The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) subject to the
department or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
18.4 Where an
employee makes an election in terms of subclause 18.3 of this clause, the
employer shall pay the portion of salary, the subject of election, to the
relevant superannuation fund.
18.5 Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992,
the employee’s department or agency must ensure that
the amount of any additional employer superannuation contributions specified in
subclause 18.1 of this clause is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
18.6 Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her department or agency to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause 18.5 of this clause, the
department or agency will continue to base contributions to that fund on the
salary payable under clause 15 to the same extent as applied before the
employee sacrificed portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the department or agency may be in excess
of superannuation guarantee requirements after the salary sacrifice is
implemented.
Section 5 - Award Compliance and Related Matters
19. Nomination of
Unions' Representatives
In each marking section union members will be permitted, at
the commencement of marking, the necessary time to meet for the purpose only of
nominating a union representative. Such
meeting may be announced using a public address system (if possible) provided
that there is no undue disruption to other nearby markers.
20. Dispute
Resolution Procedures
20.1 Subject to the
provisions of the Industrial Relations Act 1996:
20.1.1 Should
any dispute, question or difficulty arise concerning industrial matters
occurring in a particular workplace, then the employee or the union’s workplace
representative will raise the matter with relevant Supervisor of Marking as
soon as practicable.
20.1.2 The
Supervisor of Marking will discuss the matter with the employee or the union’s
workplace representative with a view to resolving the matter or by negotiating
an agreed method and time frame for proceeding.
20.1.3 Should
the above procedure be unsuccessful in producing a resolution of the dispute,
question or difficulty or should the matter be of a nature which involves
multiple workplaces, then the employee or the union may raise the matter with
the Director, Examinations with a view to resolving the dispute, question or
difficulty or by negotiating an agreed method and time frame for proceeding.
20.1.4 Where
the procedures in the preceding paragraph do not lead to resolution of the
dispute, question or difficulty, the matter will be referred to the General
Manager and the General Secretary of the respective unions. They or their nominees will discuss the
dispute, question or difficulty with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
20.1.5 Should
the above procedures not lead to a resolution, then either party may apply to
the Industrial Relations Commission of New South Wales.
20.2 Whilst the
procedures outlined in clause 20.1 of this clause are being followed, normal
work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
21. No Further Claims
21.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further
rates of pay or conditions claims by the parties prior to 31 December 2008 in
relation to matters expressly contained in this award.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age and
responsibilities as a carer.
22.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
22.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
22.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
22.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
23. Occupational Health and Safety
23.1 For the
purposes of this clause, the following definitions shall apply:
(a) A “labour hire
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust, corporation and/or
person) which has at its business function, or one of its business functions,
to supply staff employed or engaged by it to another employer for the purpose
of such staff performing work or services for that other employer.
(b) A “contract
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust, corporation and/or
person) which is contracted by another employer to provide a specified service
or services or to produce a specific outcome or result for that employer which
might otherwise have been carried out by the other employer’s own employees.
23.2 If the employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises, the employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with the
appropriate health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
23.3 Nothing in this
clause is intended to affect or detract from any obligation or responsibility
upon a labour hire business under the Occupational
Health and Safety Act 2000
or the Workplace Injury Management and
Workers Compensation Act 1998.
23.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Training Act
2001 (or equivalent interstate legislation) and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
23.5 This clause
operates from 1 March 2006.
24. Area Incidence
and Duration
24.1 This award:
24.1.1 Rescinds
and replaces the Higher School Certificate and School Certificate Marking and
Related Casual Employees Rates of Pay and Conditions Award published on 23
December 2005 as varied (355 I.G. 539).
24.1.2 Covers
all casual employees employed by the Office of the Board of Studies pursuant to
the Act engaged to mark the Higher School Certificate examinations and the
School Certificate Tests and to provide advice to students through the Higher
School Certificate Advice Line and Higher School Certificate Inquiry Centre at
various locations determined by the General Manager, Office of the Board of
Studies, New South Wales.
24.1.3 This
award takes effect on and from 1 January 2006 with a nominal term until and
including 31 December 2008.
24.1.4 This
award will remain in force until rescinded.