CROWN EMPLOYEES (TEACHERS IN TAFE AND RELATED EMPLOYEES) SALARIES AND
CONDITIONS AWARD 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Department of Education and Training.
(No. IRC 6698 of 2005)
Before Commissioner
Macdonald
|
17 January 2006
|
AWARD
1. Arrangement
Clause No. Subject Matter
20. Accumulating
Program
23. Additional
One Week
18. Administrative
Duties
16. Allocation
of Duties
5. Allowances
44. Anti-discrimination
46. Area, Incidence
and Duration
14. Attendance
- Teachers and Counsellors
19. Averaging
32. Calculation
of Service
12. Compensation
for Travel on TAFE Business
36. Contract
Teachers (OTEN)
13. Contribution
to Institute Output Requirements
4. Deduction
of Union Membership Fees
11. Deferred
Salary Scheme
2. Dictionary
42. Dispute
Resolution Procedures
15. Duties of
Teachers
17. Duties
Related to Teaching
24. Evening
Work – Counsellors
26. Excess
Teaching Hours
45. Goods and
Services Tax
38. Industrial
Rights
9. Initial
Appointments
31. Leave for
Teachers and Related Employees
34. Multi-skilling
43. No Further Claims
40. Pilot
Schemes
41. Principles
of Restructuring
30. Professional
Development - Education Officers, Related Employees and Counsellors
21. Professional
Development – Teachers
37. Provision
for Positions which Are Hard To Fill
28. Qualifications
for Appointment
39. Quality
Improvement Program
3. Salaries
8. Salary
Packaging
6. Salary
Progression and Maintenance
27. Sunday
Work/Night Work
22. TAFE Year
7. Teacher
Quality
10. Teaching
in More Than One Location
25. Time
Credit
33. Training
and Development
29. Working
Conditions - Education Officers and Related
Employees
35. Working
Conditions - Part time Casual Teachers,
Coordinators and Counsellors
SCHEDULES
Schedule 1 - Common Incremental Salary Scale
Schedule 2 - Allowances
Schedule 3 - Locality Allowances
Schedule 4 - Salary Scales - Promotion Classifications
Schedule
5 - Excess Travel and Compensation for Travel on Official Business
Schedule 6 - Strategies for Maximising Annual
Student Hours in TAFE
Schedule
7 - Rates of Pay - Part time Casual Teachers, Coordinators and Counsellors in
TAFE and Contract Teachers (OTEN)
2. Dictionary
2.1 "Adult Literacy Officer" means
a teacher employed as such.
2.2 "Advanced Skills Counsellor" means a counsellor
employed as such.
2.3 “Award” means
the Crown Employees (Teachers in TAFE and Related Employees) Salaries and
Conditions Award 2006.
2.4 "Approved Program" means a
teaching program taught across the Standard Educational and or TAFE year. A teaching program consists of a standard or
an averaging or an accumulating program.
2.5 “Australian
Qualifications Framework (AQF)” means the policy framework that defines all
qualifications recognised nationally in post-compulsory education and training
within Australia. The AQF comprises titles and guidelines which define each
qualification, together with principles and protocols covering articulation and
issuance of qualifications and Statements of Attainment.
2.6 "BMET" means the training
course known as the Basic Methods of External Teaching, which is the three unit
distance mode course that sensitises the contract teacher to the situation of
the student working in open/distance mode.
2.7 "College/campus/institute" means
a TAFE establishment or other centre where instruction is provided by TAFE and
includes any place designated as part of, or as an annexe to, such
college/campus/institute.
2.8 "Contract Teacher" means a
teacher employed to mark and provide feedback on work submitted by students
enrolled in OTEN and paid per unit of work marked.
2.9 "Contract Teaching Duties"
means those duties contained in clause 36,
Contract Teachers (OTEN).
2.10 "Coordination" in clause 35,
Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors in
TAFE, means educational coordination of programs, courses or subjects or the
provision of services by part time casual coordinators.
2.11 "Counsellor" means an officer or
temporary employee employed to provide counselling services to students.
2.12 "Degree" means a course of study
in a higher education institution leading to a degree as described in the
Australian Qualifications Framework as at 1 January 1995.
2.13 "Department" means the
Department of Education and Training.
2.14 "Diploma" means a course of
study in a higher education institution leading to a diploma as described in
the Australian Qualifications Framework as at 1 January 1995.
2.15 "Duties Other Than Teaching" in
clause 35, Working Conditions - Part Time Casual Teachers, Coordinators and
Counsellors, means duties other than teaching and coordination except as
provided in subclause 35.10 of the said clause 35.
2.16 "Education Officer (TAFE)" means an officer
appointed as such who has an appropriate degree from a higher education
institution and appropriate vocational and/or industrial experience.
2.17 "Employee" means a person
employed in a classification covered by this Award on a permanent, temporary, casual, part time casual or
contract basis.
2.18 "Equivalent" when referring to
qualifications means those qualifications deemed by the employer to be equivalent to specified qualifications.
2.19 "Excess Teaching Hours" means
the actual teaching hours in excess of a teacher’s standard weekly teaching
component or annual teaching component, as appropriate, that a teacher is
required to teach.
2.20 "Federation" means the New South
Wales Teachers Federation.
2.21 "General Secretary" means the
General Secretary of the Federation.
2.22 "Graduate" means a person who has
obtained a degree from a higher education institution or possesses
qualifications determined by the employer
to be equivalent to such a degree.
2.23 "Graduate Diploma" means a
course of study in a higher education institution leading to a graduate diploma
as described in the Australian Qualifications Framework as at 1 January 1995.
2.24 "Head Teacher" means all persons
employed within this classification, including those referred to in subclause
3.8.
2.25 "Higher Education Institution"
means a university or other tertiary institution recognised by the employer which offers degrees,
diplomas or teacher education courses.
2.26 "Institute" means any grouping
of TAFE campuses or places where TAFE provides education, training, administrative
and other services from time to time as specified by the Managing Director.
2.27 "Institute Director" means all
persons employed within this classification.
2.28 "Institute Manager" means all
persons permanently or temporarily employed within this classification.
2.29 "Industrial Relations
Commission" means the Industrial Relations Commission of New South Wales,
established by the Industrial Relations Act 1996.
2.30 "Managing Director" means the
Managing Director of TAFE.
2.31 "Officer" means and includes all
persons permanently employed in TAFE and
who, on the date of commencement of the Award, were occupying one of the
positions covered by the Award or who, after that date, are appointed to one of
these positions.
2.32 "OTEN" means the Open Training
and Education Network.
2.33 "Part time Casual Coordinator"
means a coordinator engaged on an hourly basis to coordinate special programs
or other activities.
2.34 "Part time Casual
Counsellor" means a counsellor engaged on an hourly basis to provide
counselling services to students.
2.35 "Part time Casual Teacher" means
a teacher engaged to teach on an hourly basis. It is the employer’s intention that no Part time
Casual Teacher shall be engaged to deliver the equivalent of a full time
teaching program for 12 or more weeks in a semester except where a Temporary
Teacher is not able to be employed following recruitment action.
2.36 "Parties"
means the Crown in the right of the State of New South Wales and the Federation.
2.37 "Service" means continuous
service, unless otherwise specified in the Award.
2.38 "Special Programs" means those
programs administered by TAFE which are designated to promote access of special
groups of students to TAFE’s courses.
2.39 "Special Program Coordinator"
means an officer or temporary employee appointed to a position as Institute
media coordinator, consultant for students with a disability, Aboriginal
coordinator, labour market program coordinator, outreach coordinator or
Institute multicultural education coordinator in Institutes.
2.40 "Standard Educational
Year" means that period of approximately 41 weeks falling within a
calendar year determined as such by the Managing Director.
2.41 "TAFE" means the Technical and
Further Education Commission, i.e. the TAFE Commission.
2.42 "TAFE Commission Act" means the
Technical and Further Education
Commission Act 1990.
2.43 “Teacher"
means a person or officer employed permanently or temporarily in a full time or
part time teaching position.
2.44 "Temporary Employee" means and
includes all persons employed on a temporary basis, other than on a casual or
part time casual basis or as a contract teacher (OTEN).
2.45 "Temporary Teacher" means an
officer, or temporary employee employed on a full time or part time basis to
teach for defined period. A Temporary Teacher engaged on a part time basis is
entitled to pro rata salary and conditions of a Temporary Teacher engaged on a
full time basis.
2.46 "TAFE Year" means a period of 50
weeks, excluding the two week period surrounding Christmas/New Year, during
which educational programs may be conducted.
2.47 "Teacher in Training" means a
person employed as a teacher who is undertaking a course of teacher education
which has been prescribed by the
employer as a compulsory course for that teacher to undertake.
2.48 "Trained Teacher" means a
teacher who has satisfactorily completed a prescribed course of training at a
higher education institution, or such other course or courses which the employer determines as satisfying
requirements for classification as a teacher.
3. Salaries
3.1 Salaries under
this Award incorporate the following increases for the first pay period
commencing on or after the specified date.
3.1.1 For teachers up
to/including step 12, an increase of 3% from 1 January 2006, an additional
increase of 3% from 1 January 2007 and a further increase of 3% from 1 January
2008.
3.1.2 For teachers on
step 13, an increase of 4.5% from 1 January 2006, an additional increase of
4.5% from 1 January 2007 and a further increase of 4% from 1 January 2008.
3.1.3 For promotions
positions, an increase of 4% from 1 January 2006, an additional increase of 4%
from 1 January 2007 and a further increase of 4% from 1 January 2008.
3.2 Allowances
under this Award will be increased by 4% each year from the first pay period
commencing on or after 1 January 2006, 1 January 2007 and 1 January 2008.
3.3 Any further
increases in salaries and allowances under a replacement industrial instrument
shall not be available until after 1 January 2009.
3.4 Subject to satisfying the conditions
prescribed by this Award, the salaries
of the following officers and temporary employees shall be paid in accordance with Schedules 1 and 4.
Classification
|
Schedule
|
Teachers,
education officers (TAFE), counsellors, adult literacy
|
|
officers,
assistant outreach coordinators.
|
Schedule 1
|
Promotion classifications salary
scales.
|
Schedule 4
|
3.5 Except as otherwise provided under the
Department’s salary packaging scheme as set out in clause 8, Salary Packaging,
employees in Schedules 1 and 4 must
be paid at an annual salary level not less than that for the appropriate
classification.
3.6 Minimum salaries on commencement
of employment and maximum salaries under the common incremental salary scale in
Schedule 1are set out in the table below:
Classification
|
Minimum starting salary
|
Maximum salary
|
|
Step 10*
|
Step 13
|
Teachers,
counsellors,
|
|
|
education
officers, adult
|
|
|
literacy
officers and assistant
|
|
|
outreach
coordinators
|
|
|
Teachers
in training
|
Step 10*
|
No more than one step
|
|
|
beyond the step paid on
|
|
|
initial appointment
|
*For starting salaries above the minimum starting
salary for a teacher refer to the TAFE Policy - Teachers Commencing Salary
(TAFE Gazette No. 32, 24 September 2003) or its replacement.
3.7 Subject to clause 6, Salary Progression
and Maintenance and clause 32 Calculation of Service, officers and temporary
employees shall progress without change to their incremental date by way of
annual increments to Step 13 on the common incremental salary scale as set out
in Schedule 1.
3.8 Teachers who were classified as head
teacher or senior head teacher as at 26 January 1997 continue to receive the
salary increases at the appropriate step for these classifications as set out
in Schedule 4 for as long as they hold that classification.
3.9 A counsellor who is classified as an
advanced skills counsellor shall retain the head teacher band 1 salary while
they continue to occupy that position.
4. Deduction of Union
Membership Fees
4.1 The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
4.2 The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
4.3 Subject to
(4.1) and (4.2) 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 union’s rules, provided that the employee has authorised the employer
to make such deductions.
4.4 Monies so
deducted from employees’ pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
4.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
4.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
5. Allowances
5.1 An additional responsibility
allowance shall be paid in accordance with this clause and Schedule 2 when:
5.1.1 a teacher is required to accept additional responsibilities
of a supervisory or administrative character and the circumstances do not
warrant the appointment of a head teacher;
5.1.2 a counsellor is nominated by the employer in any institute or campus as
counsellor in charge.
5.2 An education officer (TAFE) who:
5.2.1 has completed 12 months service at the
salary prescribed on the maximum of the common incremental salary scale; and
5.2.2 has demonstrated to the satisfaction of the
employer by the work performed,
its quality and the results achieved, that the aptitude and abilities of the
officer warrant additional payment;
shall be paid an
allowance which is the difference between step 13 and Head Teacher Band
1, renewable each period of two years, to ensure a remuneration equivalent to
the salary level of head teacher band 1 as set out in Schedule 4 .
5.3 Locality and related allowances shall be
paid in accordance with in Schedule
3.
6. Salary Progression
and Maintenance
6.1 An officer
shall be entitled to progress along or be maintained on the common incremental
salary scale or the salary level for a promotions position after each 12 months
of service subject to the officer demonstrating by means of an annual review,
continuing efficiency in teaching practice, satisfactory performance and professional
growth.
6.2 Any teacher
who does not satisfy the teacher training requirements as determined by the employer shall not progress more than
one step along the common incremental salary scale above the salary step paid
on initial appointment.
7. Teacher Quality
7.1 To provide
feedback on an officer or temporary employee’s performance, each officer or
temporary employee’s institute director or nominee shall ensure that the
teacher’s performance is appraised by annual review. This appraisal implemented from the beginning of term four, 2000
continues in force as follows:
7.1.1 The officer or
temporary employee’s institute director or nominee shall be responsible for
annually reviewing the performance and development of the officer or temporary
employee undertaking their work.
7.1.2 For officers
and temporary employees, the TAFE Teachers and Related Employees Annual Review
Policy (TAFE Gazette No. 32, 10 October 2001) or its replacement shall apply.
7.1.3 The annual
review for teachers shall be reported by way of the new teacher assessment
review form implemented under the Crown Employees (Teachers in Schools and TAFE and
Related Employees) Salaries and Conditions Award (327 I.G.582).
7.1.4 The parties
agree to negotiate on variations, if any, to the policies and procedures in
place at the commencement date of the Award relevant to annual review of
teacher performance.
8. Salary Packaging
8.1 Officers may
participate in the Department’s salary packaging scheme.
8.2 Salary
packaging does not apply to temporary teachers.
9. Initial
Appointments
9.1 The initial
appointment of all officers shall be for a minimum probationary period of one
year. Confirmation of an officer’s permanent appointment shall depend on
completion of a satisfactory annual review pursuant to clause 6, Salary
Progression and Maintenance and in the case of teachers, upon satisfactory
completion of teacher training requirements.
9.2 All initial
appointments shall be on the basis of merit.
10. Teaching in More
Than One Location
10.1 Teachers may be
programmed to teach in more than one location including schools.
10.1.1 Where this
occurs there shall be full consultation with the affected teacher or teachers,
including sufficient notice and any specific needs of the affected teacher or
teachers shall be taken into account.
10.1.2 The travelling
compensation provisions at Schedule 5, Excess Travel and Compensation for
Travel on Official Business and, as appropriate, time credit provisions at
clause 25, Time Credit shall apply to teachers programmed to teach in more than
one location.
11. Deferred Salary
Scheme
11.1 Officers may
seek to join the Department’s deferred salary scheme.
11.2 Successful
applicants may defer twenty per cent of their salary for the first four years
and be paid the deferred salary in the fifth year.
12. Compensation for
Travel on TAFE Business
12.1 Where an
employee is required and authorised to travel on TAFE business in the
performance of their duties, compensation for travel shall be determined in
accordance with the provisions of Schedule 5 Excess Travel and Compensation for
Travel on Official Business.
13. Contribution to
Institute Output Requirements
13.1 Teachers, adult literacy officers, head
teachers and special program coordinators in TAFE shall contribute to the
achievement of Institute output requirements as measured in Annual Student
Hours (ASH). Institutes maintain their commitment to providing educationally
and vocationally disadvantaged groups with access to technical and further
educational services, including a range of appropriate specialised services, in
line with the objectives of the TAFE
Commission Act 1990.
13.2 The strategies detailed in Schedule 6
shall be implemented in TAFE in order to maximise Annual Student Hours.
13.3 The parties agree to consult on any
variations to State and Commonwealth funding authority requirements in relation
to the use of ASH as a measure of institute output.
14. Attendance -
Teachers and Counsellors
14.1 The standard
attendance hours of:
14.1.1 teachers, head
teachers, special program coordinators and adult literacy officers, shall be 30
hours per week;
14.1.2 counsellors,
advanced skills counsellors and senior counsellors, shall be 35 hours per week.
14.2 The daily span
of working hours in colleges/campuses for officers and employees under this
Award is between 6.00am and 10.00pm on Monday to Saturday, inclusive. Teaching
and related duties hours worked by teachers should, unless otherwise
unavoidable or by agreement between a teacher and their immediate manager, be
continuous.
14.3 All full time
officers shall be required to attend college five days per week on Monday to
Friday, inclusive. However, where the course program requires, teachers, head
teachers, special program coordinators, adult literacy officers, counsellors,
senior counsellors and advanced skills counsellors:
14.3.1 may be required
to work on any five days from Monday to Saturday inclusive as part of their
normal program, although they may meet weekly attendance requirements in four
days per week;
14.3.2 who are required
as part of their normal program to work on a Saturday shall, if they so
request, be entitled to have two consecutive days off in the following week.
15. Duties of
Teachers
15.1 For the purpose
of this clause teacher includes, head teachers, special program coordinators
and adult literacy officers.
15.2 Teachers
perform a broad range of duties that include the following activities:
Direct Teaching Activities
|
Duties Related to Teaching
|
|
|
Direct teaching activities include but are not
|
Duties related to teaching
include but are not
|
limited to:
|
limited to:
|
|
- face to face teaching in any environment or
|
|
preparation;
|
|
setting, including but not limited to:
|
|
marking;
|
|
- classrooms,
|
|
support and advice to clients;
|
|
- workshops,
|
|
enrolment and administration;
|
|
- industry
|
|
course, curriculum and program development
|
|
- in the field;
|
|
and review;
|
|
|
industry and community liaison and promotion;
|
|
- distance mode and online;
|
|
training and professional development;
|
|
|
development of learning materials;
|
|
- workplace training and assessment.
|
|
research;
|
|
|
attendance at staff meetings;
|
|
|
recognition of prior learning;
|
|
|
workplace consultancy and advisory services;
|
|
|
skills analysis and audit;
|
|
|
work placement coordination and supervision;
|
|
|
leading
approved staff development activities;
|
|
|
student
selection;
|
|
|
course
coordination as specified in curriculum
|
|
|
documents.
|
|
|
|
|
|
15.3 Head teachers
also perform administrative duties and special program coordinators and adult
literacy officers perform administrative and coordination duties.
16. Allocation of
Duties
16.1 The direct
teaching or counselling component of:
16.1.1 full time
teachers shall be 20 hours per week;
16.1.2 head teachers
shall be ten or 14 hours per week as determined by the employer;
16.1.3 adult literacy
officers shall be nine hours per week;
16.1.4 counsellors and
advanced skills counsellors shall be 20 hours per week;
16.1.5 senior
counsellors shall be 14 hours per week;
16.1.6 special program
coordinators and assistant outreach coordinators shall be six hours per week or
216 hours per annum;
provided that all teachers, special program
coordinators and adult literacy officers are entitled, pursuant to clause 21,
Professional Development - Teachers, to a reduction in their direct teaching
time by the requisite amount of professional development time.
16.2 Teachers shall
be required to teach 19 hours per week direct teaching including face to face
teaching in any environment or setting including, but not limited to,
classrooms, workshops, industry, in the field, by distance mode and online, and
including workplace training and assessment.
16.3 Only at the
discretion of the institute director (or nominee) shall any reduction in the
teaching load be permitted. If any such
reduction is permitted, the teacher shall not be paid for excess teaching
hours, except as otherwise approved by the institute director.
16.4 Those teachers
whose classes finish prior to the end of the TAFE Year, semester or term due to
final examination shall continue to perform other duties. Such duties are to be
agreed between the teacher and their immediate manager.
16.5 The annual hour
equivalents of the direct teaching activities, related duties, administrative
and coordination duties and annual weeks of attendance of teachers, adult
literacy officers, head teachers and special program coordinators shall be as
follows:
Classification
|
Direct
|
Related
|
Related
|
Admin
|
Co-
|
Total
|
Annual
|
|
teaching
|
duties -
|
duties
|
duties
|
ordination
|
annual
|
weeks of
|
|
(annual
|
during
|
hours
|
(annual
|
& Admin
|
hours
|
attendance
|
|
equivalent
|
teaching
|
during the
|
equivalent
|
duties
|
|
|
|
hours) #
|
weeks
|
five non
|
hours)
|
(annual
|
|
|
|
|
(annual
|
teaching
|
|
equivalent
|
|
|
|
|
equivalent
|
weeks
|
|
hours) F
|
|
|
|
|
hours)
|
(annual
|
|
|
|
|
|
|
|
equivalent
|
|
|
|
|
|
|
|
hours)
|
|
|
|
|
Teachers
|
720
|
360
|
150
|
-
|
-
|
1230
|
41
|
Adult
literacy
|
324
|
216
|
150
|
-
|
540
|
1230
|
41
|
officers
|
|
|
|
|
|
|
|
Special
|
216
|
108
|
150
|
-
|
786
|
1260
|
42
|
program
|
|
|
|
|
|
|
|
coordinators
|
|
|
|
|
|
|
|
other
than
|
|
|
|
|
|
|
|
consultants
|
|
|
|
|
|
|
|
for
students
|
|
|
|
|
|
|
|
with
a
|
|
|
|
|
|
|
|
disability
|
|
|
|
|
|
|
|
Assistant
|
|
|
|
|
|
|
|
Outreach
|
|
|
|
|
|
|
|
Coordinators
|
|
|
|
|
|
|
|
Special
|
216
|
108
|
150
|
-
|
756
|
1230
|
41
|
program
|
|
|
|
|
|
|
|
coordinators
|
|
|
|
|
|
|
|
Consultants
|
|
|
|
|
|
|
|
for
students
|
|
|
|
|
|
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with
a
|
|
|
|
|
|
|
|
disability
|
|
|
|
|
|
|
|
Head
|
504
|
252
|
150
|
324
|
-
|
1230
|
41
|
teachers
|
|
|
|
|
|
|
|
band
1
|
|
|
|
|
|
|
|
Head
|
360
|
180
|
150
|
540
|
-
|
1230
|
41
|
teachers
|
|
|
|
|
|
|
|
band
2*
|
|
|
|
|
|
|
|
* Includes head
teachers band 1 supervising > 150 weighted hours per week
# Includes 36
hours professional development.
F Coordination
and Administrative duties for adult literacy officers and special program
coordinators
17. Duties Related to
Teaching
17.1 For the purpose
of this clause teacher includes head teacher, adult literacy officer and
special program coordinator.
17.2 In addition to
direct teaching activities teachers shall be entitled to attend to duties
related to teaching for 30 minutes for each hour of teaching that forms part of
their approved program, except that adult literacy officers shall be entitled
to six hours of related duties time for each week of teaching.
17.3 Where a teacher
is given a teaching release, each hour of teaching release shall involve a 30
minute reduction in the teacher's related duties time.
17.4 Duties related
to teaching shall also be undertaken during the five non teaching weeks per
annum.
17.5 Teachers shall
continue, in consultation with their immediate manager, to determine duties
that shall be conducted during related duties time.
18. Administrative
Duties
18.1 The
administrative component of a head teacher shall be:
18.1.1 nine hours per
week for a head teacher band 1 supervising up to 150 weighted teaching hours
per week;
18.1.2 15 hours per
week for a head teacher band 1 supervising more than 150 weighted teaching
hours per week; and
18.1.3 15 hours per
week for a head teacher band 2.
19. Averaging
19.1 For the purpose
of this clause, teacher includes head teacher.
19.2 Teachers and
their supervisors may agree to average the teacher’s direct teaching component
as set out in subclause 16.1 of clause 16, Allocation of Duties, over fixed
periods of up to one year determined in advance to enable appropriate patterns
of work to meet student needs in accordance with the following provisions.
19.2.1 Teachers
may, within the fixed averaging period be allocated teaching up to five hours
above their direct teaching component, provided that the direct teaching
component is to balance over the averaging period.
19.2.2 The
direct teaching component to related duties ratio is to be maintained but may
be averaged over the fixed averaging period, provided that the standard
attendance of 30 hours per week is met.
19.2.3 Within
the fixed averaging period, any direct teaching undertaken which exceeds five
hours above the teacher's weekly direct teaching component as set out in
subclause 16.1 of the said clause 16, Allocation of Duties, shall be paid in
accordance with clause 26, Excess Teaching Hours.
19.2.4 Any
teaching undertaken, which exceeds at the end of the fixed averaging period a
teacher's direct teaching component, shall be paid as excess hours. Excess
teaching hours claimed in accordance with paragraph 19.2.3 of this subclause
cannot be included in determining teaching hours for the purpose of this
paragraph.
19.2.5 Except
for hours accrued in accordance with the said paragraph 19.2.3, where an
averaging teaching program is worked, payment for excess hours will be
determined and paid at the end of the fixed averaging period or semester
whichever is the lesser in accordance with clause 26, Excess Teaching Hours.
19.3 A teacher may
average their direct teaching component over periods of less than one year
consistent with subclause 19.2 of this clause.
19.4 The
administrative component of a head teacher’s approved program must be worked as
a consistent number of hours on a weekly basis within any year. Averaging of
the administrative component of the standard attendance hours is not permitted.
20. Accumulating
Program
20.1 For the purpose
of this subclause, teacher includes head teachers.
20.2 By agreement
between the teachers and their immediate manager, and subject to TAFE’s needs,
teachers may elect to teach up to a maximum of five hours above their direct
teaching component over one term or up to twelve weeks.
20.3 Teachers may
not be directed to teach an accumulating program.
20.4 Regular or
repetitive use of accumulating programs for periods over twelve weeks should be
avoided. Where the need arises,
accumulating hours beyond that period is also voluntary.
20.5 When an
accumulating program is chosen, teachers may elect on a once per term basis to
accumulate hours or be paid fortnightly for the teaching hours above twenty.
20.6 Where teachers
elect to accumulate hours, they may be paid at the end of the term or accrue
excess hours into the next term.
20.7 Where an
election to accumulate hours is made, teachers in consultation with their
immediate manager should, in the context of a pre planned program, determine in
advance when the time in lieu is to be taken.
20.8 If payment is
elected, it shall be in accordance with clause 26, Excess Teaching Hours.
20.9 By the end of
the TAFE year all excess hours must be taken as time in lieu or paid out.
20.10 The teaching
component to related duties ratio of 2:1 is to be maintained for the first 20
hours of teaching.
20.11 Teachers shall
be required to attend for 41 weeks per annum unless accumulated hours have been
banked to be taken as time in lieu.
21. Professional
Development - Teachers
21.1 For the purposes
of this clause, teacher includes head teachers, special program coordinators
and adult literacy officers.
21.2 Discussions are
to occur between the teacher and their appropriate head teacher/supervisor for
an agreed professional development plan that meets the development needs of the
teacher and the section/faculty/unit. The plan will be developed as part of the
Annual Teacher Review process and will guide the professional development plan
over the year.
21.3 An approved
program for all teachers shall include professional development on the
following basis:
21.3.1 teachers
undertaking teacher training shall have two hours per teaching week
professional development in their first two years of service;
21.3.2 teachers
who are teacher trained on recruitment shall have two hours professional
development per teaching week in their first year of service; and
21.3.3 all
other teachers shall have one hour of professional development per teaching
week and may elect to use their professional development time on a weekly basis
or to accrue this time over a period of up to twelve weeks.
21.4 The parties
shall encourage teachers to accumulate their professional development time up
to a maximum of twelve hours. This shall facilitate teachers engaging in more
meaningful accredited professional development programs. This shall not prevent
teachers electing to take their professional development time on a weekly
basis.
21.5 The related
duties time which would normally accrue to the hour(s) of teaching replaced by
professional development shall continue to be used for teaching related duties.
21.6 The
professional development allocation, which is provided by agreement between the
parties, is in recognition of the potential value of professional development
and:
21.6.1 is
available for professional experience;
21.6.2 is
available for self initiated activities;
21.6.3 shall
be in addition to other professional development time/activities already
provided by the employer;
and
21.6.4 teachers
are encouraged to share their experiences with other teachers.
22. TAFE Year
22.1 For the purpose
of this clause, teacher includes head teacher.
22.2 Institutes
shall operate for a period of 50 weeks in a calendar year. There shall be a two
week close down period in colleges/campuses over the Christmas and New Year
period. The dates of the close down period shall be determined by the Managing
Director or delegate.
22.3 Teachers
working TAFE Year programs shall undertake teaching duties for 36 weeks,
non-teaching duties for five weeks and are to receive the same number of public
holidays and vacation days in the TAFE Year as teachers who are working the
standard educational year.
22.4 Teachers may
not be directed to teach more than twelve consecutive weeks without taking a
vacation break or may not elect to teach more than eighteen consecutive weeks
without taking a vacation break.
22.5 Staffing of
courses delivered outside the standard educational year shall be based on an
essentially consultative procedure.
22.6 Managers of the
relevant sections shall:
22.6.1 at
the first instance, seek volunteers from within the college/campus to teach the
course. If suitably qualified full time
teachers from within the college/campus are available and they wish to make
alternative vacation arrangements, the college/campus should introduce an
equitable system of selecting volunteer teachers on a rotation basis;
22.6.2 if
no suitable full time teachers within the college/campus are available, then
offers to teach courses may be extended to full time teachers at other
colleges/campuses;
22.6.3 failing
the above, an offer could then be made to suitable part time casual teachers;
22.6.4 in
the event that all of the above avenues are exhausted, an institute manager may
direct a full time teacher to undertake the program, provided that a teacher
directed to teach in a TAFE Year program in the midsummer vacation shall not be
directed to teach a TAFE Year program in the following midsummer vacation.
22.7 Deferred
vacation leave shall be arranged on an agreed basis between the teacher and the
college management, taking into account the educational programs in the
college/campus, particularly in the first two weeks of the standard educational
year, and the needs of the teacher.
22.8 Deferred vacation
leave shall be taken, whenever possible, in full weekly blocks, each beginning
Monday and ending on Friday.
22.9 Deferred
vacation leave is to be cleared within twelve months of the conclusion of the
TAFE Year activity and cannot be accumulated and carried over into subsequent
years.
22.10 The TAFE Year
provisions shall apply to teachers who are required to attend college/campus
for student selection, programming, enrolment and other duties which can only
be done outside the standard educational year and which are essential to the
functioning of the section.
22.11 Teachers who
work up to three days in one block outside the standard educational year may
elect, once per TAFE Year, to be paid for this work in lieu of taking vacation
leave. Where a teacher elects to be so
paid, such payment shall be made at the rate for excess teaching as per clause
26, Excess Teaching Hours.
23. Additional One
Week
23.1 For the purpose
of this clause teacher includes head teacher.
23.2 By agreement
between teachers and their immediate manager, teachers may elect to attend up
to one week of their agreed non attendance period to meet TAFE’s needs.
23.3 Teachers may
elect to be paid for this work or to accumulate their hours.
23.4 Where an
election for payment is made, then such payment shall be at the rate prescribed
at clause 26 Excess Teaching Hours for excess teaching hours or at the part
time casual duties other than teaching rate for related duties.
23.5 Where teachers
elect to accumulate, such hours shall contribute to their bank of hours.
23.6 Where teaching
duties are undertaken, the hours shall accumulate as part of their total
teaching bank of hours.
23.7 Where related
duties are undertaken, these hours shall accumulate as part of the related
duties bank of hours.
23.8 Teachers, in
consultation with their immediate manager, should consider the provisions of
clause 22 TAFE Year, and this clause.
23.9 Teachers may
only attend one additional week per TAFE Year, whether the provisions of the
said clause 22 TAFE Year, or this clause are applied.
23.10 Where teachers
are directed to undertake duties in a vacation period, after the provisions of
subclause 22.6 of clause 22 TAFE Year have been followed, then only the
provisions of clause 22 TAFE Year shall apply.
23.11 Where teachers
volunteer to undertake duties in the vacation period, then either the
provisions of clause 22 TAFE Year or the provisions of this clause shall apply.
24. Evening Work -
Counsellors
24.1 For the purpose
of this clause, counsellor includes senior counsellors and advanced skills
counsellors.
24.2 Counsellors
required to perform part of their counselling program after 5.30pm as part of
their normal program shall be paid at a rate of 1.25 times their hourly salary
rate.
24.3 The formula for
calculating the hourly salary rates for a counsellor shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
260.8929
|
|
1
|
|
35
|
25. Time Credit
25.1 For the
purposes of this clause, teacher includes head teacher and adult literacy
officer.
25.2 Teachers who
are required to perform direct teaching activities between 6.00am and 7.30am
Monday to Friday, 5.30pm and 10.00pm Monday to Friday and 6.00am and 10.00pm on
Saturday as part of their approved program and not part of excess teaching
hours, shall have their direct teaching activities reduced by one hour for
every four hours of such teaching or pro rata, provided that:
25.2.1 where,
as a consequence of the operation of this subclause, a teacher's teaching load
is reduced by their attendance, the said teaching load shall be reduced by an
equivalent time but the teacher's total related duties time shall remain
unaltered;
25.2.2 subject
to the provisions of clause 19, Averaging, where, as a consequence of the
operation of this subclause, a teacher's direct teaching load is reduced,
direct teaching hours above the reduced load shall be deemed to be excess and
paid at the appropriate rate according to clause 26, Excess Teaching Hours, for
the time at which the hours are taught.
(i) A teacher may
choose to accumulate the excess teaching hours in accordance with the
provisions of clause 20, Accumulating Program.
25.3 Teachers who
are required to work during the hours prescribed at subclause 25.2, other than
direct teaching, including the following circumstances:
25.3.1 Related
duties (excluding meal breaks) which in one continuous period of time, extend
beyond 5.30pm and 10.00pm or after 6.00am and 7.30am Monday to Friday and or
between 6.00am and 10.00pm Saturday, where a teacher is required to teach two
teaching sessions that are part of their approved program;
25.3.2 where
head teachers are directed to perform supervisory duties;
25.3.3 enrolment
duties;
as part of their approved program and not as part of
excess teaching hours, shall be paid at a rate of 1.25 times the hourly rate
for the teacher so engaged. The formula for calculating the hourly rate of the
teacher shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
30
|
26. Excess Teaching
Hours
26.1 For the purpose
of this clause, teacher includes head teacher and adult literacy officer.
26.2 Subject to the
provisions in clause 19, Averaging, excess teaching hours worked between 7.30
am and 5.30 pm Monday to Friday shall be paid at a rate equivalent to the part
time casual teaching duties rate of pay.
This rate shall be known as the excess teaching rate.
26.3 The formula for
calculating the excess teaching hourly rate for hours described in subclause
26.2 shall be:
Maximum TAFE Teacher Salary
|
x
|
5
|
x
|
1
|
x
|
1.3475
|
1
|
|
260.8929
|
|
30
|
|
|
26.4 Subject to the
provisions in clause 19, Averaging, excess teaching hours between 6.00am and
7.30am, Monday to Friday, 5.30pm and 10.00pm, Monday to Friday and 6.00am and
10.00pm Saturday, shall be credited on the basis of five hours for every four
hours worked, or pro rata, and the hours so derived shall be paid according to
this clause.
26.5 Emergency Hours
-
26.5.1 Emergency
excess teaching hours occur when an unplanned absence of a teacher leads to
another teacher being given less than 24 hours notice to take a class.
26.5.2 Payment
for emergency excess teaching hours shall be made fortnightly at the
appropriate rate for the hours worked.
26.5.3 Emergency
excess teaching hours cannot be included in determining the direct teaching
hours of an averaging program.
26.6 The parties
agree that the use of excess teaching hours shall be discouraged.
27. Sunday Work/Night
Work
27.1 For the purpose
of this clause teacher includes head teacher and adult literacy officer.
27.2 That part of an
approved program required to be worked on Sunday or on other days between the
hours of 10.00pm and 6.00 am shall be paid at the rate of double the hourly
rate of the teacher.
27.3 The formula for
calculating the hourly rate shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
27
|
28. Qualifications
for Appointment
28.1 Except where
the employer determines that
special circumstances exist in relation to a particular person which warrant
that person’s appointment with a lesser qualification or a shorter duration of
vocational experience, the minimum qualifications for appointment to positions
are as follows:
28.1.1 Education
officer - appropriate degree or diploma at AQF level or equivalent and
appropriate vocational and or industrial experience.
28.1.2 Teacher
- appropriate technical or professional qualifications plus from two to five
years, as appropriate, vocational and or industrial experience.
28.1.3 Counsellor
- appropriate degree from a higher
education institution and at least three years study in psychology or
other such study as the employer
deems appropriate, plus two years appropriate vocational experience.
29. Working
Conditions - Education Officers and Related Employees
29.1 This clause
sets out the general conditions of employment for the following classifications
- education officer, senior education officer, chief education officer,
principal education officer, curriculum manager, industry specialist, principal
officer, quality assurance coordinator, cluster manager, program manager,
Manager Education and Training Resource Centre.
29.2 They shall:
29.2.1 be
employed on a 35 hours per week basis and may average their working hours,
provided they work 420 hours every twelve weeks;
29.2.2 be
entitled to professional development/study time as per clause 30, Professional
Development - Education Officers, Related Employees and Counsellors.
29.3 In the context
of a pre planned program, managers and their employees shall negotiate their
working arrangements, including their daily span of hours, so as to meet TAFE’s
and the individual's needs. Possible
working arrangements include:
29.3.1 the
taking of part, single or multiple days as time in lieu;
29.3.2 taking
time in lieu before 420 hours have been accumulated;
29.3.3 working
a standard 35 hour week.
29.4 Up to a maximum
of one week (35 hours) may be carried forward from one twelve week period to
the next.
29.5 Where employees
do not work the required 420 hours over the twelve week period, then an annual
leave debit shall be made to cover the shortfall.
29.6 Where agreed
working arrangements need to be reviewed this shall also be negotiated between
employees and their manager.
29.7 The band of
hours for employees not located in colleges/campuses shall be from 7.30am to
9.00pm Monday to Friday.
29.8 The band of
hours for employees located in colleges/campuses shall be from 6.00am to
10.00pm Monday to Saturday.
29.9 All full time
employees located in colleges/campuses shall be required to attend five days
per week unless the taking of time in lieu has been agreed.
30. Professional
Development - Education Officers, Related Employees and Counsellors
30.1 Permanent and
temporary education officers, related employees and counsellors shall have a
professional development program as follows:
30.1.1 retention
of their existing study time - for those employed as at 31 January 1994; or
30.1.2 ten
working days per annum which may be accumulated over six years up to a maximum
of 60 working days to undertake professional experience, work or study inside
or outside the TAFE system which is of demonstrated value to TAFE and/or the professional
development of the employee. This time may be taken in minimum periods of one
half day per week as negotiated with their immediate manager. The absence
requires the approval of the employer
and is subject to the operating needs of the unit.
30.2 Permanent and temporary cluster managers,
manager education and training resource centre, principal education officers,
program managers, curriculum managers, quality assurance coordinators, chief
education officers and senior education officers shall have a professional
development program as follows:
30.2.1 ten working days per annum, which
may be accumulated over two years up to a maximum of 20 working days to
undertake professional experience, work or study inside or outside the TAFE
system which is of demonstrated value to TAFE and/or to the employee’s current
and medium term professional development needs. The professional development activity is negotiated with and must
be approved by the line manager in advance.
This time may be taken in minimum periods of one half day per week
subject to the operating needs of the institute or unit. This does not preclude access to other
professional development opportunities provided by the employer.
30.2.2 Related employees as per clause
30.2 undertaking courses of study who require different arrangements to those
in subclause 30.2.1 may apply to the employer for special consideration. The
employer shall consider these requests on a case-by-case basis.
30.2.3 Where the employer requires
professional development, the employer will meet the compulsory fees involved.
Where the professional development opportunity is voluntary the employer may,
at its discretion, refund all or part of the compulsory fees incurred by the
related employees as per clause 30.2.
30.2.4 Related employees as per clause
30.2 employed as at 3 June 2005 with an existing balance of professional
development time of up to 60 days may utilize this time as provided for in
subclause 30.2.1 of this agreement.
Following utilisation of this balance, professional development time
will accrue on the basis provided for in subclause 30.2.1 of this agreement.
30.2.5 Related employees as per sub
clause 30.2 who have accumulated 20 working
days, but due to operational arrangements, are unable to take them
within the two year period shall by negotiation and agreement with the line
manager retain the balance of professional development time in excess of 20
working days. The employee shall have six months after the next date of accrual
in which to utilise the excess balance. This will not affect the accrual of
additional professional development days as per sub clause 30.2.1.
31. Leave for
Teachers and Related Employees
31.1 In addition to
the leave entitlements provided by this subclause, TAFE teachers and related
employees are also entitled to adoption , maternity and parental leave in
accordance with the TAFE NSW Adoption, Maternity and Parental
Leave Procedures.
31.2 Annual
Recreation Leave - All officers and temporary employees shall be entitled to a
minimum of 20 days recreation leave or pro rata where employed for periods less
than the equivalent full time.
31.3 Annual Leave
Loading - All officers and temporary employees shall be paid a loading of 17.5
per cent of their wage/salary for each week of the four weeks minimum annual
leave as provided for in subclause 31.1 for each twelve months of service, or
pro rata, on the basis of the employee’s ordinary salary rate.
31.4 Annual Leave
and Agreed Weeks of Non Attendance - teachers, counsellors and special program
coordinators:
31.4.1 Except
where provision is otherwise made in this Award, all leave in excess of four
weeks shall be deemed to be in lieu of additional work and overtime.
31.4.2 In
lieu of the provisions under the Annual Holidays Act 1944, unless otherwise required by the employer, officers and temporary
employees in the following classifications shall not be required to attend
their workplace for the number of weeks as set out in the following schedule:
Salary Group
|
Classification
|
Annual Leave
|
Agreed Weeks of
|
|
|
Weeks
|
Non Attendance
|
|
|
|
|
Common Salary
|
Teacher
|
4
|
7
|
Scale
|
Adult Literacy Officer
|
4
|
7
|
|
Counsellor
|
4
|
3
|
|
Advanced Skills Counsellor
|
4
|
3
|
|
Assistant Outreach Co-ordinator
|
4
|
6
|
Promotion Salary
|
Head Teacher
|
4
|
7
|
Scales
|
Special Program Coordinators
|
4
|
6
|
|
Consultants for students with a
disability
|
4
|
7
|
|
Senior Counsellor
|
4
|
3
|
31.5 Sick Leave -
31.5.1 All
officers and temporary employees shall be entitled to fifteen days per annum
with the unused component of the annual entitlement being fully cumulative or
pro rata where employed for periods less than the equivalent full time.
31.5.2 Employees
employed on teaching conditions who, as at 31 January 1994, were entitled to 22
days on full pay and 22 days on half pay in any twelve month period shall
retain their previously accumulated sick leave entitlement.
31.5.3 Special
sick leave shall continue to be available.
31.5.4 Additional
Sick Leave - the provisions of this subclause shall only apply to officers and
temporary employees employed on teaching conditions.
(i) The maximum
grant of additional sick leave during the first two years of service is fifteen
days.
(ii) Additional
sick leave provided under this subclause is available at any stage during the
employee’s first two years of service but shall only be granted in
circumstances where:
(a) there is no
current concern regarding the employee’s use of sick leave as contained in
paragraph 31.4.1 of this subclause;
(b) all sick leave
entitlements as contained in paragraph 31.4.1 have been exhausted.
31.6 Extended Leave
-
31.6.1 Officers
and full time temporary employees shall be entitled to extended leave of 44
working days on full pay or 88 working days on half pay after completing ten
years of service and a further eleven working days for each completed year of
service after ten years.
31.6.2 Extended
leave entitlements as a result of service prior to 31 January 1994 shall be
saved as accumulated under the pre-existing provisions applying to the employee
concerned.
31.7 Family and
Community Service Leave -
31.7.1 The
maximum amount of family and community service leave that may be granted to
full time officers and temporary employees is:
(i) during the
first twelve months of service - three working days;
(ii) after
completion of twelve months service - six working days in any two year period;
(iii) after
completion of two years service - nine working days in any three year period.
31.8 Personal/Carer's
Leave -
31.8.1 Use
of Sick Leave -
(i) Where family
and community service leave is exhausted an officer or temporary employee with
responsibilities in relation to a class of person set out in subparagraph (iii)
(b) below who needs that employee's care and support shall be entitled to use,
in accordance with this subclause, any current or accrued sick leave
entitlement provided for in sick leave provisions of this agreement or absences
to provide care and support for such persons when they are ill. Leave may be taken for part of a day.
(ii) That employee
shall if required, 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. In normal circumstances, an
employee must not take personal carer's leave under this subclause where
another person has taken leave to care for the same person.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of
the employee; or
(2) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(3) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household where, for the purposes of
this section:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse, because of marriage, has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(iv) An employee
shall, wherever practicable, give the employer
or nominee notice, prior to the absence, of the intention to take leave, the
name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the employer or nominee of such absence at
the first opportunity on the day of absence.
31.8.2 Unpaid
Leave for Family Purposes -
(i) An officer or
temporary employee may elect, with the consent of the employer or nominee, to take unpaid leave for purpose of
providing care and support to a member of a class of person set out in
subparagraph 31.8.1 (iii) (b) who is ill.
31.8.3 Annual
Leave -
(i) An officer or
temporary employee may elect, with the consent of the employer or nominee and subject
to the Annual Holidays Act 1944,
to take annual leave not exceeding ten
days in single-day periods or part thereof in any calendar year at a time or
times agreed by the parties.
(ii) Access to
annual leave, as prescribed in subparagraph (i) of this paragraph, shall be
exclusive of any shut down period provided for elsewhere under this agreement.
(iii) The employee
and employer or nominee may
agree to defer payment of the annual leave loading in respect of single-day
absences until at least five consecutive annual leave days are taken.
(iv) An officer or a
temporary employee may elect with the employer’s agreement to take annual leave
at any time within a period of 24 months from the date at which it falls due.
31.8.4 Time
Off in Lieu of Payment for Overtime -
(i) An officer or
temporary employee may elect, with the consent of the employer, to take time
off in lieu of payment of overtime at a time or times agreed with the employer
within twelve months of the said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is, an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with subparagraph (i) of this
paragraph, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the twelve month period or on
termination.
(iv) Where no
election is made in accordance with the said subparagraph (i), the employee
shall be paid overtime rates in accordance with the award.
31.8.5 Make-up
Time -
(i) An officer or
temporary employee may elect, with the consent of the employer or nominee to
work "make-up time", under which the employee takes time off ordinary
hours and works those hours at a later time during the spread of ordinary hours
provided in the agreement, at the ordinary rate of pay.
31.8.6 Rostered
Days Off -
(i) An officer or
temporary employee may elect, with the consent of the employer or nominee, to take a rostered day off at any time.
(ii) An employee
may elect, with the consent of the employer
or nominee, to take rostered days off in part day amounts.
(iii) An employee may elect, with the consent of the employer
or nominee, to accrue some or all rostered days off for the purpose of creating
a bank to be drawn upon at a time mutually agreed between the employer or nominee and the employee, or subject to reasonable
notice by the employee or the employer or
nominee.
(iv) This subclause
is subject to the employer or
nominee informing each union which is party to the agreement and which has
members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union to participate in negotiations.
31.8.7 Bereavement
Leave -
(i) An officer or
temporary employee shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subparagraph 31.8.1 (iii) (b) of this subclause, provided that for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
(ii) The
employee must notify the employer or nominee as soon as practicable of
the intention to take bereavement leave and shall, if required by the employer
or nominee provide to the satisfaction of the employer or nominee proof of
death.
(iii) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(iv) Bereavement
leave may be taken in conjunction with other leave available under this
clause. In determining such a request
the employer or nominee shall give consideration to
the circumstances of the employee and the reasonable operational requirements
of TAFE.
32. Calculation of
Service
32.1 In calculating
the years of service for the purpose of this Award the following periods shall
not be taken into account:
32.1.1 any
leave of absence without pay exceeding five days in any year of service;
32.1.2 any
unauthorised absences;
32.1.3 any
time period during which an employee is not eligible to progress by reason of
failure to satisfy any condition attaching to salary progression under this
Award.
33. Training and
Development
33.1 The parties
confirm a commitment to training and development for all education
employees. Employees recognise their
obligation to maintain and update their skills. The employer recognises its obligations to provide employees
with opportunities to maintain and update their skills.
33.2 It is the aim
of the parties to this Award that employees shall be provided with
opportunities for training and development so that they will form a highly
skilled, competent and committed workforce, experiencing job satisfaction and
providing the highest quality service.
33.3 The parties
agree that, wherever possible, training and development shall be designed to
articulate with approved and accredited courses.
33.4 The employer shall facilitate the
professional development, skills enhancement and career development
opportunities of employees and improve effectiveness through a range of
activities, including:
work-based learning;
return to industry;
job rotation;
transfers;
secondment;
project team participation;
job design and redesign;
provision of training relevant to the needs of the
individual and the requirements of the organisation.
34. Multi-Skilling
34.1 Subject to
appropriate qualifications, training and taking into account a teacher’s long
term career path opportunities, the employer
may transfer teachers to teach their approved program in part or in whole in
another location or discipline other than the one to which they currently
belong.
34.2 Teachers
transferred pursuant to subclause 34.1 of this clause shall have a right to a
review of their position each year in consultation with relevant TAFE officers.
35. Working
Conditions - Part Time Casual Teachers, Coordinators and Counsellors
35.1 This clause
sets out the general conditions of employment for part time casual teachers,
coordinators and counsellors. In addition to the leave entitlements provided by
this subclause, part time casual teachers and coordinators are also entitled to
adoption , maternity and parental leave in accordance with the TAFE NSW Adoption,
Maternity and Parental Leave Procedures.
35.2 Subject to
satisfying the conditions prescribed by this Award, the hourly rate of pay inclusive of all incidents of
employment, excluding entitlements under the Long Service Leave Act 1955 and including duties in
subclause 35.7 of this clause, of part time casual teachers and coordinators
shall be as set out in Schedule 7.
35.3 Full time
teachers and the rates for part time casual teaching, coordination/consultancy
and duties other than teaching are linked by a formula based for administrative
convenience on the ratios of the hourly rate of a full time teacher on the
maximum salary of the common incremental salary scale contained in Schedule 1.
35.4 The formula for
calculating the hourly rate for full time teachers is:
Maximum Teacher Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
30
|
35.5 The ratios
calculated in accordance with subclause 35.3 are:
Ratio
|
Teaching Duties
|
1.3475
|
Coordination/Consultancy Duties
|
1.2667
|
Duties Other Than Teaching
|
1.0638
|
35.6 Part time
casual teachers who teach within a correctional centre shall be entitled to an
environmental allowance of an additional amount per hour as set out in Schedule
2 on the rates contained in Schedule 7 for each hour so taught within the correctional
centre.
35.7 Duties -
35.7.1 The
rate paid for part time casual teachers is for the duties on which part time
casual teachers are engaged during the hours for which they have been
authorised to undertake direct teaching activities and performance of related
duties including:
attendance in the classroom before the commencement and
after the completion of class;
setting and marking of class tests;
assessing and marking students' practical work;
preparing special lectures and lecture demonstrations;
completing records and returns;
setting and marking assignments;
initial recording of results;
familiarisation with the syllabus;
organisation of lesson plan;
preparation of lesson notes, and teaching aids;
making copies of notes; and
preparation for practical work, drawing and practical
exercises.
35.8 Sick Leave -
35.8.1 Part
time casual teachers and coordinators shall be entitled to sick leave as
follows:
(i) In any
calendar year a part time casual teacher or coordinator shall be entitled to
accrue and then use sick leave as set out in subparagraphs (ii) to (viii)
below.
(ii) After having
completed 468 hours of service during any calendar year, a part time casual
teacher or coordinator shall have accrued paid sick leave of three weeks per annum
pro rata to the average number of hours per week worked by the teacher or
coordinator in that calendar year. The part time casual teacher or coordinator
shall accrue a number of hours sick leave on an annual basis equal to the
number of hours service in a calendar year divided by twelve.
(iii) Provided that
a part time casual teacher or coordinator who has completed 468 hours service
in a calendar year but does not have accumulated sick leave entitlement from
preceding years shall have an hourly sick leave entitlement equal to the number
of hours service, at the date of taking leave, multiplied by three and divided
by the number of weeks worked by that date.
(iv) The maximum
amount of accumulated sick leave in any calendar year shall be 60 hours.
(v) At the
commencement of each calendar year, a part time casual teacher or coordinator
shall be credited with unused sick leave accrued in the preceding calendar
year.
(vi) A part time
casual teacher or coordinator who has an accrued sick leave entitlement and
who, because of personal illness, is unable to attend or perform duty on any
day when engaged or scheduled to attend, shall be entitled to be paid sick
leave at the rate applicable to those duties.
(vii) Where a part
time casual teacher's or coordinator's application for sick leave exceeds three
consecutive program days or as otherwise required by the employer, the part time casual teacher
or coordinator shall produce a satisfactory medical certificate from a
qualified medical practitioner stating the nature of the illness and the time
which, in the doctor's opinion, must elapse before the applicant can resume
duty.
(viii) Where a part
time casual teacher or coordinator is also engaged in any other full time
employment and is entitled thereunder to sick leave benefits in respect to a
period of employment which is concurrent with any period(s) of employment as a
part time casual teacher or coordinator they shall not be entitled to any sick
leave benefits under this Award.
35.8.2 Part
time casual teachers and coordinators who have a sick leave entitlement
pursuant to clause 35.8.1 shall be entitled to use that entitlement for
personal/carer’s and bereavement leave purposes in accordance with subclause
31.7 Personal/Carer’s Leave.
35.9 Hard to Fill
Country Locations -
35.9.1 When
a part time casual teaching, coordination and or counselling position has been
advertised twice in the press and no selection has been made, appropriate
travel and subsistence allowances pursuant to the Crown Employees (Public Service
Conditions of Employment 2002) Award published 21 March 2003 (338
I.G. 837) as varied, or its successor shall be paid to part time casuals who,
upon request by the employer,
work in a remote location other than the location to which they are otherwise
engaged.
35.10 Payment for
Related Duties
35.10.1 Part
time casual teachers teaching 10 or more hours in a week in any one Institute
shall be entitled to payment for related duties, provided that they attend to
perform the related duties. Such related duties shall be paid at the teaching duties rate according to the
following table:
Teaching Duties Hours
|
Related Duties Hours
|
19 hours or more per week
|
6 hours 20 minutes
|
18 hours
|
6 hours
|
17 hours
|
5 hours 40 minutes
|
16 hours
|
5 hours 20 minutes
|
15 hours
|
5 hours
|
12 to less than 15 hours
|
3 hours
|
10 to less than 12 hours
|
1 hour
|
35.10.2 Payment
for related duties paid to part time casual teachers teaching 10 hours or more
a week are for duties associated with the part time casual teacher’s teaching
section as well as for duties related to the part time casual teacher’s direct
teaching activities set out in subclause 35.7.
35.10.3 The
apportionment of the related duties to be undertaken and the required
attendance shall be by agreement between the part time casual teacher and their
supervisor/s and become part of the teacher’s approved program. Where
practical, attendance is to be arranged so that the teacher can attend staff
meetings, professional development and other related duties on the day/s the
teacher is programmed to teach. Split
shifts are not to be included as part of a part time casual teacher’s approved
program unless requested by the part time casual teacher.
35.11 Training and
Development -
35.11.1 Where
a part time casual teacher, coordinator or counsellor is approved to attend a
staff development activity which coincides with normal duties, such part time
casuals shall be paid at the rate applicable to their duty program for the
length of that duty program whilst so engaged on staff development activities.
35.11.2 Allowances
and reimbursement of out-of-pocket expenses pursuant to the Crown Employees (Public Service Conditions
of Employment 2002) Award published 21 March 2003 (338 I.G. 837) as
varied, or its successor, for motor vehicle allowances shall be made on the
following bases, provided that such travel is by the most economical means.
35.11.3 If
participants attend courses where they are required to be away from their homes
overnight, they shall be entitled to:
(i) provision of
the cost of rail travel or use of car with payment at casual rates; and
(ii) payment of
incidental expenses necessarily incurred in travelling.
35.11.4 If
participants attend courses where they are not required to be away from their
homes overnight, they shall be entitled to:
(i) travelling
costs as per subparagraph 35.11.3 (i) and
(ii) meal
allowances, when meals are not provided by the employer.
35.12 Class
Cancellation -
35.12.1 Where
a part time casual teacher reports for duty on any day on the basis of a
request by an authorised officer and then is advised that their services are
not required or receive less than two hours notice of cancellation, the teacher
shall be entitled to receive payment for the scheduled duties.
35.13 Attendance at Staff
Meetings -
35.13.1 Part
time casual teachers and coordinators who are approved to attend staff meetings
shall be paid at the rate specified for duties other than teaching for
attendance at the meetings.
35.13.2 A
minimum one hour is payable for each meeting attendance.
35.13.3 Approval
for attendance in excess of two hours for each meeting shall be at the
discretion of the officer at the level above the part time casual’s supervisor.
35.14 Public Holiday
Pay -
35.14.1 When
a public holiday occurs on the day when part time casual teachers and
coordinators are normally required to be on duty, they shall be paid for that
day's normally programmed hours if they were:
(i) On their
normal duty day immediately preceding the public holiday, irrespective of
whether that day was the class day one week earlier or some additional class
day between those two days; and
(ii) On their
normal duty day immediately following the public holiday, irrespective of
whether that day was the class day one week later or some additional class day
between those days.
35.14.2 Part
time casual teachers and coordinators engaged as substitutes for other part
time casual teachers and coordinators shall be paid only if the normal part
time casual teachers or coordinators do not qualify under paragraph 35.14.1 of
this subclause.
35.14.3 Part
time casual teachers who teach during a vacation period are entitled to be paid
for public holidays falling within the vacation period pursuant to this clause.
35.15 Payment of
Interview Expenses -
35.15.1 Part
time casual teachers, coordinators and counsellors applying for full time TAFE
positions are entitled to the following provisions:
(i) When a part
time casual is called for interview for a full time position, then the employer shall meet the
applicant's reasonable expenses for travel and subsistence as contained in the
Interview Expenses policy contained in the TAFE Commission Gazette of 10 August
1994, as amended from time to time.
(ii) The payment
of expenses shall be a matter for discussion and agreement prior to interview,
bearing in mind due economy.
(iii) Travel
arrangements shall be discussed when interviews are arranged.
35.16 Recognition of
Previous TAFE Part time Casual Service -
35.16.1 Part
time casual teachers, coordinators and counsellors who are subsequently
appointed to full time TAFE positions are eligible to have such part time
casual TAFE service recognised for extended (long service) leave purposes,
provided their service merged without break into full time service.
35.16.2 To
calculate their entitlement, the following formula is used:
Number of hours worked per week
|
|
|
as a part time casual
|
x
|
Period of part time casual employment
|
Number of hours worked per week
|
|
|
by full time staff in that
|
|
|
classification
|
|
|
35.17 Agreed Leave -
35.17.1 Declared
Emergencies -
(i) Part time
casual teachers and coordinators who, in a declared emergency, volunteer to
assist the emergency services or who are members of volunteer emergency
organisations which are required to assist during a declared emergency are to
be granted leave with payment where it coincides with teaching duty. There is
no limit on the duration of such leave.
(ii) On resumption
of duty, proof of attendance certified by an authorised representative of the
emergency service shall be provided.
(iii) Agreed leave
for a further one day for rest purposes may be granted prior to the resumption
of duty.
35.17.2 Jury
Duty -
(i) Part time
Casual Teachers and Coordinators Responsibility -
(a) A part time
casual teacher or coordinator, who attends a court in answer to a jury summons
on a day when they would otherwise be on duty, may elect to receive payment for
jury expenses or receive leave, whichever is most advantageous to the part time
casual.
(b) To obtain leave,
a part time casual teacher or coordinator must furnish to the appropriate
supervisor any certificate of attendance issued by the Sheriff or by the
Registrar of the court giving particulars of attendances by the part time
casual teacher or coordinator during any such period and the details of any
payment or payments made to the part time casual teacher or coordinator under
Section 72 of the Jury Act 1977,
in respect of any such period.
(c) A part time
casual teacher or coordinator must, as soon as possible, notify the appropriate
supervising officer of the details of any jury summons served.
(ii) Employer’s Responsibility -
(a) The
appropriate supervising officer shall, in respect of any period during which a
part time casual teacher or coordinator was required to be on duty:
(1) upon receipt
of any such certificate of attendance grant, in respect of any such period for
which the part time casual teacher or coordinator has been paid out-of-pocket
expenses only, agreed leave on full pay; or
(2) in any other
case grant, at the sole election of the part time casual teacher or
coordinator, agreed leave without pay.
35.18 Access to
Facilities -
35.18.1 The
institute shall ensure that the facilities are available to all part time
casual employees. Subject only to the
needs for security and safety, teaching materials, working areas and equipment,
resource and reference materials and technical and administrative employees
shall be readily accessible by part time casual employees before, during and
following their scheduled duty periods.
35.19 Statement of
Service -
35.19.1 The employer shall maintain a record
of service detailing hours paid during the period of engagement of all part
time casuals.
35.19.2 The
record of service prior to the introduction of the Lattice Human Resources
Management System shall be established from the employer’s records supplemented by part time casuals
submitting records/statutory declarations of this service.
35.19.3 This
record of service will be updated and made available to each part time casual
as a Statement of Service:
(i) On request by
the part time casual concerned; or
(ii) On
termination of the part time casual’s employment.
35.20 Induction -
35.20.1 A
part time casual teacher, on initial engagement, shall be paid up to two hours
at the duties other than teaching rate for attendance at a formal induction
program.
35.21 Part time Casual
Counsellors -
35.21.1 Part
time casual counsellors shall be entitled to an hourly rate of pay as set out
in Schedule 7. The hourly rate of pay is linked by a formula to step 10 of the
common incremental salary scale. The
formula is as follows:
Step 10 Common Salary Scale
|
x
|
5
|
x
|
1.5
|
1
|
|
260.8929
|
|
35
|
35.21.2 The
hourly rate of pay calculated in paragraph 35.21.1 is inclusive of all
incidence of employment, including sick leave in subclause 35.8, public holiday
pay in subclause 35.14 and agreed leave in subclause 35.17 except for
entitlements under the Long Service Leave Act 1955.
35.22 Temporary
Appointment Opportunities -
35.22.1 Part
time casual teachers, counsellors and coordinators are eligible to apply for
temporary appointment to positions (other than full time teaching, permanent
teaching and promotional teaching positions) advertised within the TAFE
Gazette.
36. Contract Teachers
(OTEN)
36.1 This clause
establishes the general conditions of employment, including hourly rates of
pay, which are specific to contract teachers employed at OTEN.
36.2 In addition to
the qualifications for appointment the Basic Method of External Teaching (BMET)
is the pre entry requirement.
36.3 Rates of Pay -
36.3.1 There
shall be a single contract teaching rate.
The rate of pay for contract teachers is linked to the hourly teaching
duties rate for part time casual teachers as follows:
Teaching Duties Rate for
|
x
|
2
|
x
|
25
|
=
|
$ per unit
|
Part time Casual Teachers
|
|
3
|
|
60
|
|
|
36.3.2 This
formula reflects the parties' agreement that the marking of each unit of work
shall be allocated 25 minutes.
36.3.3 The
rates of pay for contract teachers (OTEN) are set out in Schedule 7. These
rates are inclusive of all incidence of employment except for long service
leave as provided under the Long Service Leave Act 1955.
37. Provision for
Positions which Are Hard to Fill
37.1 This clause
does not apply to part time casual teachers and contract teachers (OTEN).
37.2 A position will
be regarded as "hard to fill" when it has been advertised once
throughout TAFE and twice throughout New South Wales in the major press and no
appointment has been made.
37.3 When a position
has been identified as "hard to fill" in accordance with subclause
37.2, the employer will review
the position in order to ensure that the current position description and
accountabilities appropriately reflect the nature of the position. Where appropriate, job redesign will follow
and the new position will be advertised in the normal manner.
37.4 Where job
redesign has not been deemed to be appropriate, Institute Directors and
managers may offer an allowance of up to ten per cent of the maximum salary of
the position when it is next advertised.
37.5 The allowance
will be paid to the selected applicant for as long as they remain in the
advertised position.
38. Industrial Rights
38.1 Federation
Representatives -
38.1.1 An
accredited Federation representative at the place in which they are employed
shall, upon notification thereof to their employer, be recognised as an
accredited Federation representative.
38.1.2 An
accredited Federation representative shall be allowed the necessary time during
working hours to interview the employer or their representative on matters
affecting employees.
38.1.3 An
accredited Federation representative shall be allowed a reasonable period of
time during working hours to interview a duly accredited Federation official.
38.2 Consultative
and Other Committee Work -
38.2.1 Where an employee is required by the employer,
nominated by the Federation or otherwise selected by other employees to
participate in work based consultative or like committees, the employer shall
provide such employees with paid leave to attend to such matters.
38.2.2 In
addition, where such committees unanimously agree to undertake a particular
project consistent with their terms of reference, the employer shall provide sufficient paid time to enable the employee
to undertake the project.
39. Quality
Improvement Program
39.1 The parties are
committed to encouraging officers at all levels to take responsibility for the
continuous improvement of all processes, products and services of TAFE.
39.2 The parties
will actively participate in the development and implementation of the agreed
quality improvement program throughout TAFE and will contribute to the
program's success.
40. Pilot Schemes
40.1 The parties
agree to pilot innovative ways to meet customer needs; to jointly develop
performance indicators for these schemes; to jointly monitor and measure the
success of these schemes using these indicators; and to implement those
initiatives which they have agreed are a success.
40.2 The parties
agree that, before pilot schemes are introduced, the Federation and affected
officers involved must be consulted and agree to their trial.
41. Principles of
Restructuring
41.1 The parties
agree to the following basic principles in the restructuring of work units:
41.1.1 officers
will be consulted at the first opportunity;
41.1.2 the
Federation is notified and discussions held regarding the restructure;
41.1.3 where
new structures are being considered, a broad outline of the structure with
basic functions of each position will be developed;
41.1.4 the
process involves ongoing consultation with officers and the Federation;
41.1.5 job
analysis will be conducted on the new positions;
41.1.6 resulting
position descriptions will be discussed with affected officers and the
Federation;
41.1.7 job
evaluation of positions is undertaken;
41.1.8 staffing
of positions occurs in terms of redeployment, potential redeployment, transfer,
staff selection and direct appointment, except where a position can clearly be
identified as an upgraded position with an incumbent.
42. Dispute
Resolution Procedures
42. Subject to the
provisions of the Industrial Relations Act 1996, the following procedures shall apply:
42.1.1 Should
any dispute (including a question or difficulty) arise as to matters occurring
in a particular workplace, then the employee and or the Federation’s workplace
representative shall raise the matter with the appropriate supervisor as soon
as practicable.
42.1.2 The
supervisor shall discuss the matter with the employee and or the Federation’s
workplace representative within two working days with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
42.1.3 Should
the above procedure be unsuccessful in producing resolution of the dispute or
should the matter be of a nature which involves multiple workplaces, then the
employee and or the Federation may raise the matter with an appropriate officer
at the institute level with a view to resolving the dispute, or by negotiating
an agreed method and time frame for proceeding.
42.1.4 Where
the procedures in paragraph 42.1.3 do not lead to resolution of the dispute,
the matter shall be referred to the General Manager, Industrial Relations and
Employment Services of the Department and the General Secretary of the
Federation. They or their nominees shall discuss the dispute with a view to
resolving the matter or by negotiating an agreed method and time frame for
proceeding.
42.2 Should the
above procedures not lead to a resolution, then either party may make
application to the Industrial Relations Commission of New South Wales.
43. No Further Claims
43 Except as
provided by the Industrial Relations Act 1996, prior to December 2008, there shall be no further claims
by the parties to this Award for changes to salaries, rates of pay, allowances,
or conditions of employment in relation to matters expressly contained in this
Award.
44.
Anti-Discrimination
44.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
44.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed under clause 42, 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 shall 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.
44.3 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.
44.4 Nothing in this
clause is to be taken to affect:
44.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
44.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
44.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977; and
44.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
44.5 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.
45. Goods and
Services Tax
45. The parties
shall monitor the overall impact of the Commonwealth Government’s goods and
services tax through the term of the Award.
In the event that the Industrial Relations Commission makes a State
decision (as defined by section 49 of the Industrial Relations Act 1996)
having regard to the impact on wages of the goods and services tax, the
Federation reserves the right to make application to the Industrial Relations
Commission in relation to that decision.
46. Area, Incidence
and Duration
46.1 This Award
covers all teachers and related employees in TAFE, the classifications of which
are set out in Schedules 1, 4 and 7 inclusive. This Award does not cover
teachers and related employees in TAFE Children’s Centres, Bradfield College
and educational staff employed at the TAFE NSW – Riverina Institute National
Aerospace Training Centre of Excellence (NATCOE) based at the RAAF base Wagga
Wagga.
46.2 This
Award replaces the Crown Employees
(Teachers in Schools and TAFE and Related
Employees) Salaries and Conditions Award 2004 published 15 July 2005 (352
I.G. 465) as varied in respect of all provisions relating to TAFE teachers and
related employees.
46.3 The Crown
Employees (Teachers in Schools and TAFE and Related Employees) Salaries and
Conditions Award 2004 (352 I.G. 465) was rescinded with effect from 31 December
2005.
46.4 This Award
commences on and from 1 January 2006 and shall remain in force until 31
December 2008.
Schedule 1
Common Incremental
Salary Scale
The following salary scale applies to: teachers; education
officers (TAFE); counsellors;
adult literacy officers, and assistant outreach coordinators:
Current
|
Salary
|
Salary
|
Salary
|
salary steps
|
From the first
pay period
|
From the first
pay period
|
From the first
pay period
|
|
to commence on
or after
|
to commence on
or after
|
to commence on
or after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
Increase
|
4.5%
|
4.5%
|
4%
|
Step 13
|
69,334
|
72,454
|
75,352
|
Increase
|
3%
|
3%
|
3%
|
Step 12
|
64,798
|
66,742
|
68,744
|
Step 11
|
62,341
|
64,211
|
66,137
|
Step 10
|
59,888
|
61,685
|
63,536
|
Schedule 2
Allowances
Additional
Responsibility Allowances
|
Rates
|
Rates
|
Rates
|
|
From the first
|
From the first
|
From the first
|
|
pay period to
|
pay period to
|
pay period to
|
|
commence on or
|
commence on or
|
commence on or
|
|
after
|
after
|
after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
Increase
|
4%
|
4%
|
4%
|
Teacher nominated as teacher in charge
|
3,128
|
3,253
|
3,383
|
Counsellor nominated as
counsellor in
|
1,390
|
1,446
|
1,504
|
charge
|
|
|
|
Part time casual teachers
teaching within a
|
1.36
|
1.41
|
1.47
|
correctional centre (per hour)
|
|
|
|
Schedule 3
Locality
Allowances
1. Definitions
1.1 For the
purposes of this schedule:
1.1.1 "Dependent
child" means, unless otherwise defined in the Award, a child of which a
teacher is a parent and who is resident with and wholly maintained by such
teacher and either is under the age of sixteen years or is a full time student
under the age of eighteen years or is completing their school studies up to and
including Year 12.
1.1.2 "Dependent
partner" means a person who is resident with and substantially reliant
upon a teacher for their financial support, being either the teacher's spouse
or a person whom the employer is
satisfied is cohabiting otherwise than in marriage with the teacher in a
permanent de facto and bona fide domestic relationship.
1.1.3 "Duly
qualified" means a practitioner practising in Australia who, by training,
skill and experience, is competent to diagnose, advise with regard to, and or
treat the condition in relation to which relevant medical or dental assistance,
as the case may be, is reasonably sought.
1.1.4 "Married couple" means and shall
include a teacher and their spouse or a person whom the employer is
satisfied is cohabiting otherwise than in marriage in a permanent de facto and
bona fide domestic relationship.
1.1.5 "Practitioner"
means a legally qualified and lawfully practising medical practitioner or, as appropriate,
a legally qualified and lawfully practising dentist and includes a duly
qualified and lawfully practising physiotherapist to whom a teacher or a
dependent spouse, partner or child of a teacher has been referred for treatment
by a legally qualified medical practitioner.
1.1.6 "Reimbursable
expenses" means, for the purposes of Part E of this schedule:
(i) Actual travel
costs in excess of the amounts specified in subparagraph (iv) of this paragraph
in any one instance reasonably incurred in transporting a teacher and or a
dependent partner and or dependent child of a teacher from his or her place of
residence to a place at which a duly qualified practitioner is consulted.
(ii) Travel
charges in excess of the amounts specified in subparagraph (iv) of this
paragraph in any one instance made by a duly qualified practitioner reasonably
summoned to a teacher or a dependent partner or dependent child of a teacher at
or near the place of residence of the teacher.
(iii) The actual
cost of accommodation not being hospital or nursing accommodation reasonably
and necessarily incurred by a teacher or a dependent partner or dependent child
of a teacher in connection with the attendance of that person away from their
place of residence at a place at which a duly qualified practitioner is
consulted.
(iv) For the
purposes of subparagraphs (i) and (ii) of this paragraph, the amounts which
travel costs and charges must exceed are as follows:
From the first
pay
|
From the first
pay
|
From the first
pay
|
period to commence
on
|
period to
commence on
|
period to
commence
|
or after
1.1.2006
|
or after
1.1.2007
|
on or after
1.1.2008
|
$
|
$
|
$
|
25
|
26
|
27
|
1.1.7 "Campus"
shall include any college, campus, branch, annex, centre or other establishment
to which a teacher is appointed.
1.1.8 "Single
teacher" means and shall include a widow, widower, divorcee or teacher
living separately and apart from their spouse.
1.1.9 "Travel
costs" means, for the purposes of Part E of this schedule, the actual
return transport costs payable in respect of the means of conveyance most
appropriate to the circumstances and, in relation to a motor vehicle owned by a
teacher or a dependent partner of a teacher, an amount calculated for the total
distance travelled at the casual rate
determined from time to time by the employer
provided, however, that transport costs shall not in any circumstances exceed a
sum which would be applicable to any return trip over a distance greater than
that to and from the place of residence of the relevant teacher and the GPO at
Sydney.
1.1.10 "Teacher"
for the purpose of this schedule means a permanent or temporary employee
covered by this Award.
2. Part A -
Allowances - Climatic Disability -
2.1 Subject to
clause 7 of this schedule, a teacher appointed to a campus located in the
Western Division of New South Wales upon or to the west of a line starting from
a point on the right bank of the Murray River opposite Swan Hill (Victoria),
and thence by straight lines passing through the following towns or localities
in the order stated, viz., Conargo, Coleambally, Hay, Rankins Springs, Marsden,
Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree,
Warialda, Ashford and Bonshaw, shall be paid an allowance at the rates
prescribed in subclause 2.4 below.
2.2 Subject to
clause 7 of this schedule, a teacher appointed to a campus within a zone of New
South Wales established by the 0 Degrees Celsius July Average Minimum
Temperature Isotherm as contained in the Climatic Atlas of Australia, June 1974
as amended, and published by the Bureau of Meteorology, shall be paid an
allowance at the rates prescribed in subclause 2.4 below.
2.3 The allowances
prescribed in subclauses 2.1 and 2.2 of this Part may be extended, excluded or
otherwise varied by the employer
to take into account any special circumstances.
2.4 Allowances
under subclauses 2.1 and 2.2 are as follows:
Subclause
|
Climatic
Allowances
|
Rates
|
Rates
|
Rates
|
No.
|
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
commence on
|
commence on
|
commence
|
|
|
or after
|
o r after
|
on or after
|
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per annum $
|
Increase
|
|
4%
|
4%
|
4%
|
2.1
|
Teacher without dependent
partner
|
965
|
1,004
|
1,044
|
|
Teacher with dependent partner
|
1,141
|
1,187
|
1,234
|
2.2
|
Teacher without dependent
partner
|
488
|
508
|
528
|
|
Teacher with dependent partner*
|
651
|
677
|
704
|
* The dependent partner rate is one third greater than
the rate for a teacher without a dependent partner.
3. Part B -
Allowances - Isolation from Socio Economic Goods and Services -
3.1 A teacher
appointed to a campus included in Appendix A of this schedule shall be paid the
following allowances -
|
Rates
|
Rates
|
Rates
|
|
From the first
pay
|
From the first
pay
|
From the first
pay
|
Group
|
period to
commence
|
period to
commence
|
period to
commence
|
|
on or after
|
on or after
|
on or after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per annum
|
Increase
|
4%
|
4%
|
4%
|
1
|
3,170
|
3,297
|
3,429
|
2
|
2,852
|
2,966
|
3,085
|
3
|
2,534
|
2,635
|
2,740
|
4
|
2,219
|
2,308
|
2,400
|
5
|
1,901
|
1,977
|
2,056
|
6
|
1,587
|
1,650
|
1,716
|
7
|
1,269
|
1,320
|
1,373
|
8
|
953
|
991
|
1,031
|
9
|
638
|
664
|
691
|
10
|
317
|
330
|
343
|
3.2 A teacher with
a dependent partner shall receive double the allowance prescribed in subclause
3.1 of this clause.
3.3 Subject to
clause 7 of this schedule, a teacher entitled to an allowance under subclause
3.1 of this clause and with a dependent child or children shall be paid the
following additional allowances -
Group
|
1st dependent
child
|
|
Rates
|
Rates
|
Rates
|
|
From the first
pay
|
From the first
pay
|
From the first
pay
|
|
period to
commence
|
period to
commence
|
period to
commence
|
|
on or after
|
on or after
|
on or after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per annum $
|
Increase
|
4%
|
4%
|
4%
|
Group 1
|
379
|
394
|
410
|
Group 2
|
331
|
344
|
358
|
Group 3
|
280
|
291
|
303
|
Group 4
|
230
|
239
|
249
|
Groups 5 and 6
|
183
|
190
|
198
|
Group
|
2nd and
subsequent dependent child
|
|
Rates
|
Rates
|
Rates
|
|
From the first
pay
|
From the first
pay
|
From the first
pay
|
|
period to
commence
|
period to
commence
|
period to
commence
|
|
on or after
|
on or after
|
on or after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per annum $
|
Increase
|
4%
|
4%
|
4%
|
Group 1
|
255
|
265
|
276
|
Group 2
|
210
|
218
|
227
|
Group 3
|
157
|
163
|
170
|
Group 4
|
111
|
115
|
120
|
Groups 5 and 6
|
60
|
62
|
64
|
4. Part C -
Allowances - Motor Vehicle -
Subject to clause 7 of this schedule, a teacher appointed to
a campus included in Appendix A of this schedule shall be paid the following
allowances –
Group
|
Rates
|
Rates
|
Rates
|
|
From the first
pay
|
From the first
pay
|
From the first
pay
|
|
period to
commence
|
period to
commence
|
period to
commence
|
|
on or after
|
on or after
|
on or after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per annum $
|
Increase
|
4%
|
4%
|
4%
|
Groups 1, 2 and 3
|
1,704
|
1,772
|
1,843
|
Groups 4, 5 and 6
|
854
|
888
|
924
|
5. Part D -
Allowances - Vacation Travel Expense - Subject to Clause 7 of This Schedule.
5.1 A teacher,
when proceeding on vacation leave, shall be entitled in any calendar year to
the payment of certain travel expenses on the following occasions:
5.1.1 if appointed to
a campus included in Appendix A of this schedule and in:
(i) Groups 1 and
2 - three vacation journeys;
(ii) Groups 3, 4,
5 and 6 - two vacation journeys;
(iii) Group 7 - one
vacation journey; or
5.1.2 if appointed to
a campus covered by Determination 21 of the Determinations made pursuant to
section 25 of the Teaching Service Act 1980, one vacation journey; and or
5.1.3 if appointed to
a campus located more than 720 kilometres from Sydney by the nearest
practicable route and other than a school or campus referred to in paragraph
5.1.1 of this subclause, one or more journey(s) if, given the circumstances of
the campus location, the employer
considers it to be warranted.
Provided always that the provisions of paragraphs
5.1.1, 5.1.2 and 5.1.3 shall not apply to a teacher with less than three years'
service who, at the date of their engagement for service, was resident in the
relevant area.
5.2 A teacher
eligible for the payment of travelling expenses under subclause 5.1 shall have
those travelling expenses calculated according to the formula for reimbursement
set out in Determination 21 referred to in paragraph 5.1.2 of subclause 5.1 of
this clause, except that the amount of overnight expenses shall be as set out
in subclause 5.3 below, subject to the conditions contained in the
aforementioned Determination. Provided that the use of a teacher's own car
shall not require the approval of the employer.
5.3 For the
purposes of subclause 5.2, the amount of overnight expenses are as follows:
From the first
pay period to
|
From the first
pay period
|
From the first
pay period
|
commence on or
after
|
to commence on
or after
|
to commence on
or after
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
$
|
$
|
$
|
31
|
32
|
33
|
6. Part E -
Reimbursement of Certain Expenses Related to Medical Or Dental Treatment.
6.1 The provisions
of subclauses 6.2, 6.3, 6.4, 6.5 and 6.6 of this clause apply only to a teacher
who is appointed to a campus included in Appendix A of this schedule, but do
not apply to a teacher -
6.1.1 who for the
time being is on maternity leave; or
6.1.2 who is married
to a spouse or has a partner normally resident in the locality, unless such
spouse or partner is normally and usually dependent upon the teacher as a
consequence of illness, incapacity or other reasonable inability to earn an
income sufficient to support themselves and or his or her child or children, as
the case may be.
6.2 Where a
teacher reasonably incurs reimbursable expense, the amount thereof shall be
paid to that teacher upon written application made to the employer.
6.2.1 A teacher shall
not be disentitled to such payment merely by reason of the fact that the
reimbursable expense incurred was in relation to the attendance by or upon a
duly qualified practitioner who was not the nearest duly qualified practitioner
available at the relevant time if special circumstances in the particular case
render it desirable that the services of some other duly qualified practitioner
be sought.
6.2.2 In any instance
in which it is necessary for the teacher or the partner of the teacher or some
other attendant to accompany the person in respect of whom reimbursable expense
is incurred then, upon written application by the teacher to the employer, the
additional travel and accommodation costs reasonably and actually incurred
shall be paid to the teacher.
6.3 A teacher who
claims payment of reimbursable expenses shall provide such evidence in
substantiation of the claim as the employer may reasonably require.
6.4 The employer
shall be entitled to refuse payment of any claim where it appears that the
expense arose as a direct consequence of the serious and wilful misconduct or
gross negligence of the person in respect of whom the expense was incurred.
6.5 A teacher
shall, in respect of any occurrence which gives rise to the incurring of
reimbursable expense, take all reasonable steps to recover any insurance,
contributory fund, workers' compensation or other benefits or common law
damages as may lawfully be payable in respect thereof and any sum actually
recovered in respect of items of reimbursable expense under this Schedule shall
be brought to credit as against the employer’s
liability for the same. If any such sum
shall be recovered subsequently to payment by the Managing Director of
reimbursable expense to a teacher, that teacher shall make an appropriate
repayment. The employer shall not be entitled to withhold payment of
reimbursable expense merely upon the ground that it or some portion of it may
be recoverable at some time in the future from a third party.
6.6 The employer
may, by notice in writing, require any teacher to effect and keep on foot a
policy of insurance or membership of a medical fund to cover that teacher's
liability for items of the nature of reimbursable expense under this schedule.
6.6.1 In any such case, the employer shall
reimburse to the teacher the amount by which any premium or contribution
incurred in so doing exceeds the following amounts:
From the first
pay period
|
From the first
pay period
|
From the first
pay period
|
to commence on
or after
|
to commence on
or after
|
to commence on
or after
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
$
|
$
|
$
|
25
|
26
|
27
|
6.6.2 If a teacher fails to comply with a requirement made by the employer
under this subclause, such teacher shall not be entitled to claim any
reimbursable expense which, but for their failure, would have been recouped to
that teacher as a result of the relevant insurance or membership.
6.7 When a teacher
is necessarily absent from duty for the purpose of securing advice and or
treatment from a duly qualified practitioner for such teacher or dependent
partner or child of such teacher, any period of such absence involved in travelling
to or from the place of residence of the teacher to the place at which the
advice or treatment is obtained shall not be debited against any sick leave
credit to which that teacher is entitled. Provided that this clause shall be
without prejudice to the right of the employer in their discretion to
temporarily appoint the teacher to a campus nearer to the place of consultation
or treatment where they may deem it desirable so to do.
6.8 The employer shall be entitled to
decline payment of reimbursable expense to a teacher in any instance in which
such expense relates to a non urgent elective consultation or treatment which
might reasonably have been sought during a vacation period whilst the teacher
or their relevant dependent partner, child or children (as the case may be)
had, in the normal course, travelled to a location at which the type of
consultation or treatment could be obtained.
7. Part F - Payment
of Allowances According to Marital Status (Payment of Allowances Regardless of
Marital Status).
7.1 Subject to
subclause 7.2 of this clause, where a married couple consists of two teachers
who are otherwise eligible for payment of an allowance under this schedule
then, in the case of an allowance under:
7.1.1 subclause 2.1
or 2.2 of clause 2 of this schedule, each teacher shall only be entitled to one
half of the allowance provided therein for a teacher with a dependent partner;
7.1.2 subclause 3.3
of clause 3 of this schedule, each teacher shall only be entitled to one half
of the allowance provided therein for a teacher with a dependent child or
children;
7.1.3 clause 4 of
this schedule, each teacher shall only be entitled to one half of the motor
vehicle allowance applicable to a single teacher;
7.1.4 clause 5 of
this schedule, each teacher shall only be entitled to one half of the vacation
travel allowance; and
7.1.5 subclause 6.2
of clause 6 of this schedule, each teacher shall not qualify for reimbursement
of expenses in so far as the teacher's partner qualifies for and claims
reimbursement as a teacher.
7.2 Where a
married couple includes a teacher entitled to allowances under the agreement
and a person entitled to a similar allowance pursuant to the Crown Employees (Public Service Conditions
of Employment) Award 2002 published 21 March 2003 (338 I.G. 837) as varied,
or its successor, the teacher shall only receive the difference between that
allowance and the married couple or dependent allowances under this schedule.
8. Part G - Locality
Allowance Committee -
8.1 A Locality
Allowance Committee shall be established for the purpose of -
8.1.1 investigating
all matters in dispute and reporting and making recommendations thereon to the employer and the Federation;
8.1.2 recommending
the inclusion or deletion of campuses to be covered by the provisions of clause
3 of this schedule; and
8.1.3 recommending
the appropriate groupings and alteration of existing groupings of campuses within clause 3 of this schedule.
8.2 The Locality
Allowance Committee shall -
8.2.1 consist of an
equal number of representatives nominated by the employer, and the Federation;
8.2.2 elect its own
chairperson, who shall not have a casting vote;
8.2.3 be permitted to
act in the absence of any member, provided more than one half of the members
are present; and
8.2.4 by its creation
and operation not affect the exercise of the powers and functions of any
tribunal constituted under the Industrial Relations Act 1996.
APPENDIX A
ALLOWANCE FOR ISOLATION FROM SOCIO ECONOMIC GOODS AND
SERVICES
Groupings of Campuses
Group 1
|
Menindee Centre TAFE , Wilcannia TAFE
|
Group 2
|
Goodooga TAFE, Lightning Ridge Centre TAFE
|
Group 3
|
Brewarrina TAFE
|
Group 4
|
Bourke TAFE
|
Group 5
|
Boggabilla TAFE
|
Group 6
|
Cobar TAFE, Coomealla TAFE, Dunedoo TAFE
|
|
Nyngan TAFE , Warren TAFE
|
Schedule 4
Salary Scales -
Promotion Classifications
Classification
|
Rates
|
Rates
|
Rates
|
|
From the first
pay
|
From the first
pay
|
From the first
pay
|
|
period to
commence
|
period to
commence
|
period to
commence
|
|
on or after
1.1.2006
|
on or after
1.1.2007
|
on or after
1.1.2008
|
|
Per annum $
|
Increase
|
4%
|
4%
|
4%
|
Cluster Manager and
|
111,498
|
115,958
|
120,596
|
Manager, Education and
|
|
|
|
Training Resource Centre
|
|
|
|
Principal Education
|
103,890
|
108,046
|
112,368
|
Officer and Program
|
|
|
|
Manager and Curriculum
|
|
|
|
Manager
|
|
|
|
Quality Assurance Coordinator
|
97,889
|
101,805
|
105,877
|
Chief Education Officer
|
92,727
|
96,436
|
100,293
|
Senior Education Officer
|
|
|
|
and Senior Counsellor
|
|
|
|
Step 2
|
85,259
|
88,669
|
92,216
|
Step 1
|
83,199
|
86,527
|
89,988
|
Senior Head Teacher (old
|
|
|
|
classification)
|
|
|
|
Step 2
|
85,259
|
88,669
|
92,216
|
Step 1
|
83,199
|
86,527
|
89,988
|
Head Teacher
|
|
|
|
Band 2
|
83,199
|
86,527
|
89,988
|
Band 1
|
76,574
|
79,637
|
82,822
|
Head Teacher (old
|
|
|
|
classification)
|
|
|
|
Step 2
|
79,709
|
82,897
|
86,213
|
Step 1
|
76,574
|
79,637
|
82,822
|
Special Program coordinator
|
|
|
|
Step 2
|
79,709
|
82,897
|
86,213
|
Step 1
|
76,574
|
79,637
|
82,822
|
Schedule 5
Excess Travel and
Compensation for Travel on Official Business
1. Definitions -
1.1 For the
purpose of this Schedule:
1.1.1 "Excess
Travel" means, for the purpose of subclause 3.3, those distances:
(i) when
travelling from home to work and vice versa, that distance in excess of the
distance between the teacher's home and headquarters;
(ii) on any day
where the teacher is required during the day to travel from one college, campus
or other workplace to another.
1.1.2 "Headquarters"
means that college/campus nominated by the employer or nominee for the
teacher, or that college/campus where the major part of the teacher's approved
program is performed.
1.1.3 “Teacher” means
all persons employed permanently or temporarily in teaching positions,
including head teachers, special program coordinators, counsellors, adult
literacy officers, and persons employed as part time casual teachers.
1.1.4 “Teaching
Program” means the teacher’s approved program. This includes direct teaching
and other duties as well as approved releases (eg for prescribed course of
teacher education) and would normally be the program as approved by the
teacher’s supervisor
2. Introduction -
2.1 Except where
authorised, teachers are responsible for meeting costs incurred in travel
between their residence and usual place of work.
2.2 Teachers may
be authorised to use their private vehicle for travel on official business in
the performance of their normal duties where other modes of travel are
unsuitable or unavailable.
2.3 The use of a
teacher’s private motor vehicle on official business is not mandatory.
3. Excess Travel Time
-
3.1 When a
teacher, in order to perform their teaching program is required to travel
outside the teacher's duty hours:
from the teacher's home to a college, campus or other
workplace; and/or
from a college, campus or other workplace to the
teacher's home; and/or
between colleges, campuses or other workplaces on any
one day; and/or
between parts of a college, campus or other workplace
which are at different sites; and/or
between colleges, campuses, institutes or other
workplaces and any annexes of a college, campus, institute or other workplace
which are at different sites,
and where the teacher is not granted by mutual
arrangement between the teacher and TAFE time off the teaching duties equal to
and in lieu of the actual time spent in excess travelling, the teacher shall be
paid for excess time occupied in travelling, in accordance with this Schedule
but subject to the following conditions:
3.1.1 There shall be
deducted from the teacher's travelling time on any one day the time normally
taken for the periodic journey from home to headquarters and return.
3.1.2 Periods of less
than fifteen minutes on any one day shall be disregarded.
3.1.3 Travelling time
shall not include any period of travel between:
(i) 11.00pm on
any one day and 7.30am on the following day when the teacher has travelled
overnight and accommodation has been provided for the teacher; or
(ii) 11.00pm on
any one day and 6.00am on the following day for a teacher who is required to
perform teaching duties between 6.00am and 7.30am as part of their teaching
program when the teacher has travelled overnight and accommodation has been
provided for the teacher.
3.1.4 Travelling time
shall be calculated by reference to the time that might reasonably have been
taken by the use of the most practical and economic means of transport.
3.1.5 No time spent in
performing duties shall be counted as travelling time.
3.2 Payment for
excess travelling time shall be at the teacher’s ordinary rate of pay on an
hourly basis, calculated as follows:
3.2.1 For full time
teachers:
Annual
salary
|
x
|
5
|
x
|
1
|
|
|
260.8929
|
|
30
|
3.2.2 For part time
casual teachers:
Duties Other Than Teaching (DOTT) rate
3.3 Payment for
Excess Travel -
3.3.1 All travelling
costs reasonably incurred because of excess travel for the use of a private
motor vehicle shall be paid on the basis of cents per kilometre at two rates as
set out in clause 9 of this schedule for:
(i) up to 8,000
km per annum;
(ii) over 8,000 km
per annum.
3.3.2 For the
purposes of payment under this subclause, excess travel on any day where the
teacher is required during the day to travel from one college, campus or other
workplace to another, shall be determined in accordance with the provisions of
subclauses 3.3.1 to 3.3.8 inclusive.
3.3.3 On days when a
teacher is required to travel on official business and travels to and from
home, whether or not the teacher visits headquarters, a deduction shall be made
from the total distance travelled from home to home as follows:
Distance Home to Headquarters
|
Deduction Km
|
(One Way) Km
|
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
5
|
5
|
6
|
6
|
7
|
7
|
8
|
8
|
9
|
9
|
10
|
10
|
11-29
|
10
|
30 or more
|
10
|
|
plus 2 km for each km above 29 km from
|
|
home to headquarters.
|
3.3.4 Provided that
when the above deduction in subclause 3.3.3 has been effected, the teacher
shall add to the number of kilometres claimed the kilometres shown in the
following schedule:
Home to Headquarters
|
Add
|
(One Way)
|
|
Kilometres
|
Kilometres
|
29-35
|
1
|
36-40
|
2
|
41-45
|
3
|
46-50
|
4
|
51-55
|
5
|
56-60
|
6
|
61-65
|
7
|
66 and over
|
8
|
3.3.5 This daily
deduction discounts the normal one way distance travelled from home to
headquarters for which teachers shall not be paid.
3.3.6 Where a teacher
is on duty at their headquarters on a particular day and the teacher elects to
travel to the headquarters in their private motor vehicle, no payment shall be
made for such travel.
(i) If, on such a
day, the teacher is directed to travel from their headquarters in an emergency
situation, the teacher may be granted approval to use their own motor vehicle
and claim the normal kilometre rate for the distance from headquarters to the
emergency centre and return.
(ii) Where a
teacher has approval to use their private motor vehicle on official business
and is directed to have the vehicle at headquarters on each day, or particular
days, in order to have available a ready means of transport, payment shall be
made for the distance from home to headquarters and return for each day of duty
the car is required to be available (on official business), less the daily
deduction.
3.3.7 A claim for
travel allowance cannot be made where the headquarters and another centre
visited are on the same or adjacent sites where less than fifteen minutes
travel between the sites is required.
3.3.8 The daily
deduction is not applied where a teacher is required to use their private motor
vehicle from their home after working hours on official business or when the
teacher is required to stay away from home overnight on official business.
4. Waiting Time -
4.1 Where a
teacher qualifies for payment in accordance with this Schedule for excess time
occupied in travelling and necessary waiting time occurs, such waiting time
shall be treated as travelling time subject to the following conditions:
4.1.1 Where there is
no overnight stay with accommodation at a centre away from home or headquarters
one hour shall be deducted from the necessary waiting time between the time of
arrival at the centre and the commencement of duty and one hour shall be
deducted from the necessary waiting time between the time of ceasing duty and
the time of departure for home or headquarters or another centre.
4.1.2 Where overnight
accommodation is provided at a centre any time from the completion of arrival
at the centre until departure for home or headquarters or another centre shall
not count as travelling time except that:
(i) where duty is
performed on the day of such departure any necessary waiting time (less one
hour) from completion of such duty until departure shall be counted;
(ii) where no duty
is performed on the day of such departure necessary waiting time (less one hour)
after 9.00am until such departure shall be counted,
and provided further that where accommodation as
mentioned in subclause 3.1.3 above is provided waiting time after 11.00pm shall
not be counted.
5. Official Business
Rate -
5.1 The official
business rate is payable where the use of a teacher's private motor vehicle on
official business is authorised and the teacher is required to travel on
official business using their motor vehicle on a regular basis of at least once
per week throughout the TAFE year or travel a minimum of 400 kilometres during
the TAFE year, except where:
5.1.1 an official
vehicle is available;
5.1.2 for all or
specific days of travel, public transport is obviously available, suitable, and
does not result in a loss of the teacher's professional time and/or restriction
in the performance of the teacher's duties and professional responsibilities.
5.2 Where a
teacher commences duty other than at the start of the TAFE year the minimum
period of 400 kilometres to be travelled, as provided by subclause 5.1 above,
shall be adjusted proportionately.
5.3 The rate paid
is that specified at clause 9 of this schedule.
6. Casual Rate -
6.1 The casual
rate is payable to teachers who are authorised to use their private motor
vehicle to travel on official business intermittently as opposed to regular use
(as provided by clause 5 of this Schedule) for which the official business rate
is paid, except where:
6.1.1 an official
vehicle is available;
6.1.2 for all or
specific days of travel, public transport is obviously available, suitable, and
does not result in a loss of the teacher's professional time and/or restriction
in the performance of the teacher's duties and professional responsibilities.
6.2 Circumstances
where teachers, who are not authorised for reimbursement of travel expenses at
the official business rate, may be given approval to use their private vehicle
on official business at the casual rate
include travel to attend staff development courses, selection committee
interviews, GREAT appeals and hearings.
6.3 The rate paid
is that specified in clause 9 of this Schedule.
7. Payment of 2700 Cc
Or More Motor Vehicle Rate -
7.1 Where the
teacher's normal duties are performed within the Sydney Region (as defined by
the Department Planning) the maximum per kilometre rate payable shall be the
1600 to 2700 cc rate.
7.2 Where the
official travel, in whole or in part, is outside the Sydney Region,
consideration shall be given to payment of the over 2700 cc rate in respect of
a vehicle with an engine capacity above 2700 cc. Such consideration shall be related to the total annual distance
travelled by the teacher on official business, the terrain and other factors
advanced by the teacher as relevant.
7.3 Provided that
the provisions of subclauses 7.1 and 7.2 above shall not apply to teachers who
have an existing approval for payment of the over 2700 cc rate arising from
clause 4 (b) (i) of Industrial Agreement 7036 of 1983.
8. Daily Deduction -
8.1 On days when a
teacher is required to travel on official business and travels to and from
home, whether or not the teacher visits headquarters, a deduction shall be made
from the total distance travelled from home to home as follows:
Distance Home to Headquarters
|
Deduction
|
(One Way)
|
|
Kilometres
|
Kilometres
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
5
|
5
|
6
|
6
|
7
|
7
|
8
|
8
|
9
|
9
|
10
|
10
|
11-29
|
10
|
30 or more
|
10
|
|
plus 2 km for each km above 29 km from
|
|
home to headquarters.
|
8.2 Provided that
when the above deduction in subclause 8.1 has been effected, the teacher shall
add to the number of kilometres claimed the kilometres shown in the following
schedule:
Home to Headquarters
|
Add
|
(One Way)
|
|
Kilometres
|
Kilometres
|
29-35
|
1
|
36-40
|
2
|
41-45
|
3
|
46-50
|
4
|
51-55
|
5
|
56-60
|
6
|
61-65
|
7
|
66 and over
|
8
|
8.3 This daily
deduction discounts the normal one way distance travelled from home to
headquarters for which teachers shall not be paid.
8.4 Where a
teacher is on duty at their headquarters on a particular day and the teacher elects
to travel to the headquarters in their private motor vehicle, no payment shall
be made for such travel.
8.4.1 If, on such a
day, the teacher is directed to travel from their headquarters in an emergency
situation, the teacher may be granted approval to use their own motor vehicle
and claim the normal kilometre rate for the distance from headquarters to the
emergency centre and return.
8.4.2 Where a teacher
has approval to use their private motor vehicle on official business and is directed
to have the vehicle at headquarters on each day, or particular days, in order
to have available a ready means of transport, payment shall be made for the
distance from home to headquarters and return for each day of duty the car is
required to be available (on official business), less the daily deduction.
8.5 A claim for
travel allowance cannot be made where the headquarters and another centre
visited are on the same or adjacent sites where less than fifteen minutes,
travel between the sites is required.
8.6 The daily
deduction is not applied where a teacher is required to use their private motor
vehicle from their home after working hours on official business or when the
teacher is required to stay away from home overnight on official business.
9. Official Business
and Casual Rates -
Clause of Schedule
|
Rate/Vehicle Engine Capacity
|
Cents Per Km
|
which applies
|
|
|
5
|
Official Business Rate
|
0 - 8,000 km
|
8,001 km or more
|
|
|
per annum
|
per annum
|
|
below 1600 cc
|
50.6
|
21.1
|
|
1600 - 2700 cc
|
70.6
|
25.0
|
|
above 2700 cc
|
75.9
|
27.0
|
6
|
Casual Rate
|
|
|
below 1600 cc
|
21.1
|
|
1600 - 2700 cc
|
25.0
|
|
above 2700 cc
|
27.0
|
Provided that these rates shall be adjusted in accordance
with the rates pursuant to the Crown
Employees (Public Service Conditions of Employment 2002) Award published 21
March 2003 (338 I.G. 837), as varied, or its successor as amended from time to
time or in accordance with the rates as approved from time to time by the
Director-General of the Premier’s Department.
Schedule 6
Strategies for
Maximising Annual Student Hours in TAFE
1. Annual Student
Hours (Ash) Shall be Maximised By Utilising a Range of Strategies. If
Requested, Consultation Shall Occur at the Local Level Between the Teaching
Section and Their Line Manager Regarding Educational Soundness, Access and
Equity, Appropriate Resources and Occupational Health and Safety.
2. Such
strategies include:
2.1 Ensuring that
all available student places are filled.
2.2 Continual or
"topping up" of enrolments as students meet module outcomes or units
of competence and move out of the class. This shall result in an increased output of students.
2.3 Continual or
"topping up" of enrolments to replace enrolled students who have not
commenced the course, or who have officially withdrawn from modules or who have
been absent from class without notice for four consecutive weeks.
2.4 Enrolment of
students in modules to undertake the additional training and education required
to achieve competency against the module outcome or unit of competence
following successful assessment for Recognition.
2.5 Establishing
quality partnerships with industry which may result in a proportion of the
program being workplace training and assessment, conducted by TAFE approved
industry personnel in accordance with an agreed quality assurance process.
2.6 Utilising a
variety of delivery modes that are appropriate to the particular learning
situation, including the needs of students.
2.7 Core enrolment
times shall continue to occur at the start of each semester. These shall be supplemented by continual or
"topping up" of enrolments as outlined above.
2.8 Extending
enrolments and commencements beyond the core enrolment times at the start of
each semester and staggering enrolments and commencement times across the full
year.
2.9 Teachers and
head teachers shall employ best practice in student administration by ensuring
that all activities for which they are responsible are correctly recorded and
credited including the completion of enrolment adjustment forms.
2.10 Enrolling in
the initial enrolment period up to an additional three students over and above
the student teacher ratios in a subject/module, where the subject/module has a
history of attrition, based on institute data.
Schedule 7
Rates of pay – Part time Casual Teachers,
Coordinators and Counsellors and Contract Teachers (OTEN)
|
Salary
|
Salary
|
Salary
|
|
From the first
|
From the first
|
From the first
|
|
pay period to
|
pay period to
|
pay period to
|
|
commence on or
|
commence on or
|
commence on or
|
|
after
|
after
|
after
|
|
1.1.2006
|
1.1.2007
|
1.1.2008
|
|
Per hour $
|
Teaching Duties
|
59.68
|
62.37
|
64.86
|
Co-ordination/Consultancy Duties
|
56.11
|
58.63
|
60.98
|
Duties Other Than Teaching (DOTT)
|
47.12
|
49.24
|
51.21
|
Part time Casual Counsellors
|
49.19
|
50.67
|
52.19
|
|
Open Training and Education Network Contract Teachers
|
|
Per Unit ($)
|
Contract Teaching Duties
|
16.58
|
17.33
|
18.02
|
A. W. MACDONALD, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.