BRADFIELD COLLEGE
(DEPARTMENT OF EDUCATION AND TRAINING) SALARIES AND CONDITIONS AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, an industrial organisation of employees.
(No. IRC 455 of 2004)
Mr Deputy President
Grayson
|
10 November 2004
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Introduction
4. Employment
and Transfer
5. Qualification
Requirements
6. Learning
Co-ordinators
7. Remuneration
8. Teacher
Quality
9. Training
and Professional Development
10. College
Year
11. Hours of
Work
12. Leave
13. Permanent
Part-time Employees
14. Casual
Employees
15. Travelling
Time and Travelling Expenses
16. Transferred
Officers Compensation
17. Dispute
Resolution Procedures
18. Occupational
Health and Safety
19. Educational
Initiatives
20. No Further
Claims
21. Anti-Discrimination
22. Goods and
Services Tax
23. Industrial
Rights
24. Deduction
of Union Membership Fees
25. Leave
Reserved
26. Area,
Incidence and Duration
PART B
SCHEDULES
Schedule 1 - Annual
Salaries
Schedule 2 - Hourly
Rates for Part-time Casual Teachers and Co-ordinators
Schedule 3 -
Allowance
2. Definitions
2.1 "Assistant
Director" means a person appointed to a position designated as such.
2.2 "College calendar"
means the schedule for teaching and associated activities supporting the
curriculum offerings at Bradfield College.
2.3 "Casual
employee" means a teacher employed at Bradfield College and paid on an
hourly basis in accordance with the provisions of clause 14, Casual Employees.
2.4 "Director"
means the Director of Bradfield College.
2.5 "Director-General"
means the Director-General of Education and Training, Managing Director of TAFE
NSW.
2.6 "Dispute"
shall have the same meaning as that applied under the Industrial Relations
Act 1996.
2.7 "Department"
means the Department of Education and Training.
2.8 "Employee"
means a full-time or part-time employee employed under a contract of no longer
than three years to perform the work of a teacher, learning co-ordinator or
assistant director.
2.9 "Employer"
means the Director-General of Education and Training, Managing Director of TAFE
NSW.
2.10 "Excess
hours" means actual face-to-face teaching hours in excess of a normal
teaching load.
2.11 "Experience"
shall include credit for completed years of service as a qualified teacher,
unqualified service, credit for non-teaching (where it is not defined as
industry experience), and credit for child rearing as allowed for other
teachers employed by the Department.
2.12 "Learning
Co-ordinator" means a person appointed to a position responsible for the
educational and administrative leadership of specified areas within the
College.
2.13 "Managing
Director" means the Managing Director of TAFE NSW.
2.14 "Normal
program" means the duties allocated to permanent, part-time and casual
employees, including teaching duties and duties incidental to teaching.
2.15 "Operating
days" includes every day of the week except Sunday and public holidays.
2.16 "Parties"
means the Director-General of Education and Training, Managing Director of TAFE
NSW and the General Secretary of the New South Wales Teachers Federation.
2.17 "Part-time work"
means employment offered under contract to other than casual employees for less
than the ordinary working hours per week by a teacher on a continuing basis for
set and regular hours. The rate of pay,
all conditions and leave entitlements of a permanent part-time employee shall
be on a pro rata basis.
2.18 "Period of
engagement" means the period, up to three years, for which an employee is
engaged to work at Bradfield College.
2.19 "Prior
employee" refers to an employee of the Department, the former Department
of School Education or TAFE recruited to work at Bradfield College.
2.20 "TAFE"
means the New South Wales Technical and Further Education Commission.
2.21 "Teacher"
means a person or officer employed permanently or temporarily in a full-time or
part-time teaching position at Bradfield College to assist the Director in the
work of the College.
2.22 "Teachers
Federation" means the New South Wales Teachers Federation.
2.23 "Team
leader" means a teacher selected by the Director to co-ordinate a team of
teachers responsible for the educational instruction, student welfare and
vocational needs of students.
3. Introduction
3.1 Bradfield
College is a unique public educational institution. The salaries and working conditions of teachers at Bradfield
College were defined by a specific Enterprise Agreement for the College in
1993. The salary, leave and working
conditions of teachers at the College as detailed in this award are derived
from that Agreement as modified by changes agreed to by the parties to meet the
current needs of the College and its teachers.
4. Employment and
Transfer
4.1 The filling of
vacant positions will be by way of a selection process based on merit (including
equal employment opportunity principles).
4.2 Nothing in
this award shall operate to remove the right of the Managing
Director/Director-General to transfer an employee of either TAFE or the
Department, respectively, to another location.
5. Qualification
Requirements
5.1 Staff employed
as full-time or permanent part-time teachers at Bradfield College shall be
required to fulfil the same requirements with respect to academic qualifications
and industry experience as apply to staff teaching the same subjects or
disciplines in the Department or TAFE as appropriate.
6. Learning
Co-ordinators
6.1 Learning
Co-ordinators are responsible for the educational and administrative leadership
of specified areas within the College.
Where appointed, and as a minimum, Learning Co-ordinators shall:
6.1.1 be required to
supervise a major discipline area within the College; or
6.1.2 be responsible
for curriculum development and student support directly linked to classroom
practice across the College.
6.2 The creation
and deletion of learning co-ordinator positions is at the discretion of the
Director. During the term of this award
the parties will develop an agreed process for the establishment and deletion
of learning co-ordinator positions.
This process will include:
6.2.1 a review of the
current and future projected curriculum;
6.2.2 a review of
supervisory responsibilities, including the span of supervision; and
6.2.3 the length of time
the position may be needed.
7. Remuneration
7.1 The annual
salary for teachers, learning co-ordinators and assistant directors shall be as
set out in Schedule 1 - Annual Salaries, of Part B, Schedules.
7.2 A teacher
appointed as team leader shall be paid an allowance as set out in Schedule 3 -
Allowance of Part B, Schedules.
7.3 Determination
of Starting Salary -
7.3.1 All teachers
appointed to Bradfield College shall commence at the rate prescribed for Level A
in Schedule 1 unless they possess additional qualifications and experience that
justifies their appointment at a higher level.
7.3.2 The
determination of starting salary shall be made by the Director having regard to
the provisions of paragraph 7.3.3 of this award.
7.3.3 In relation to
the appointment of teachers to levels, and subject to clause 4, Employment and
Transfer of this award, the following shall apply:
Level A: Applicants with minimum qualifications and
minimum experience.
Level B: Applicants with minimum qualifications and no
less than 1 year of experience above the minimum requirement.
Level C: Applicants with minimum qualifications and no
less than 2 years of experience above the minimum requirement.
Level D: Applicants with minimum qualifications and no
less than 3 years of experience above the minimum requirement.
Level E: Applicants with minimum qualifications and no
less than 4 years of experience above the minimum requirement.
Level F: Applicants with minimum qualifications and no
less than 5 years of experience above the minimum requirement,
provided that, in exceptional circumstances, salary
levels different to the above can be approved by the Director, Northern Sydney
Institute.
7.4 Movement
Between Salary Levels -
7.4.1 A teacher at
Bradfield College shall be entitled to progress or be maintained on the teacher
salary scale or the salary level for a learning co-ordinator or assistant
director position after each 12 months of service subject to the teacher
demonstrating by means of annual review, continuing efficiency in teaching
practice, satisfactory performance and professional growth. These shall be
determined as provided for in Clause 8, Teacher Quality of this award.
7.4.2 Periods of
full-time leave without pay greater than five days shall not be counted as
service for the purposes of this clause.
7.5 Arrangements
for staff to act in higher positions and to receive higher duties allowances
shall be in accordance with provisions applicable to teaching staff in the
Education Teaching Service.
7.6 Teachers at
Bradfield College may participate in the Department’s salary packaging scheme.
Under the Department’s salary packaging scheme, officers may choose to take the
salary component of their total remuneration package as cash salary, or select
a combination of cash salary and benefits to suit their individual needs.
8. Teacher Quality
8.1 To provide
feedback on a teacher’s performance, the Director of Bradfield College or
nominee shall ensure that the teacher’s performance is appraised by annual
review. This appraisal will be
implemented from the beginning of the College Year 2001 as follows:
8.1.1 The Director,
Bradfield College or nominee shall be responsible for annually reviewing the
performance and development of teachers undertaking their work.
8.1.2 The TAFE
teachers "Annual Review Policy" shall apply to all teachers, except
casual teachers.
8.1.3 The annual
review for TAFE teachers shall be reported by way of a new teacher assessment
review form.
8.1.4 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.
9. Training and
Professional Development
9.1 The parties
confirm their commitment to training and development for Bradfield College
employees. The employees recognise
their obligation to maintain and update skills.
9.2 The Director,
following agreement with the employees, shall develop a training plan for the
College which shall take into account the individual training needs of teachers
as identified by the annual review as provided for by subclause 7.4.1 of this
award. The training plan will be reviewed annually by the Director in
consultation with the employees.
9.3 Three days
each year during the standard term time for public schools and TAFE Institutes
shall be scheduled by the Director for the purpose of meeting system needs and
those peculiar to the College.
9.4 The
professional development scheme developed and implemented at Bradfield College
will continue to operate. Individual performance shall be reviewed in
accordance with that scheme on an annual basis. Individual training needs will be assessed and discussed in
accordance with that scheme.
10. College Year
10.1 Bradfield
College will operate for a period of 50 weeks in a calendar year, during which
the College may be open and utilised to conduct educational programs, and have
a two-week close-down period surrounding Christmas and the New Year. The dates
of the close-down period will be determined annually by the Director.
10.2 Employees
covered by this award shall not be required to be in attendance during the
close-down period.
11. Hours of Work
11.1 The parties
agree to a flexible and adaptive approach in relation to working hours and
working arrangements for Bradfield College. These arrangements are based on the
averaging of weekly face-to-face teaching hours for:
Teachers
|
- 20 hours;
|
Team leaders
|
- 20 hours;
|
Learning Co-ordinators
|
- 14 hours;
|
Assistant Directors
|
- a minimum of 4 and a maximum of 8 hours,
|
over a period of up to 12 weeks. By agreement with the Director,
employees may also enter into an arrangement whereby a program, including
excess teaching hours, may be worked and accumulated in accordance with the
provisions of subclause 11.6 hereof.
11.2 An employee’s
program of teaching shall be agreed prior to the commencement of each term
between the employee and the Director and recorded by the teacher on the
appropriate "EC" form, or other form(s) as may be required for
payroll purposes.
11.3 The daily span
of working hours in the College for employees under this award is between 7.30
a.m. and 10.00 p.m. on Monday to Friday inclusive and from 7.30 a.m. to 6.00
p.m. on Saturday, provided that an employee cannot be required to work in
excess of eight hours on any one day without the agreement of that employee.
11.4 Employees may
be required to work on any five days from Monday to Saturday inclusive as part
of their normal program, provided that by agreement of the Director, weekly
attendance requirements may be met in four days per week. Should an employee be
required to work on a Saturday, the Director may, if requested, provide in the
employee’s program for two consecutive duty free days a week.
11.5 Employees shall
attend for work 420 hours over a 12-week work cycle of 72 operating days,
provided that:
11.5.1 no
employee will be required to be in attendance for more than 60 operating days;
11.5.2 an
employee may, with the agreement of the Director, attend at the College for
less than 420 hours in a 12-week cycle but, in any case, shall attend at the College
for no less than 360 hours over a 12-week cycle;
11.5.3 no
teacher (including any teacher designated as a team leader) shall be required
to teach more than 24 hours face-to-face in any one week;
11.5.4 no learning
co-ordinator shall be required to teach more than 18 hours face-to-face each
week;
11.5.5 no
assistant director shall be required to teach more than 8 hours face-to-face
each week.
11.6 By agreement
between the employee and the Director prior to the commencement of the term, a
program may be entered into which includes teaching hours in excess of a normal
load. Such hours may be accumulated to
a maximum of 35 hours and then taken as time in lieu, provided that:
11.6.1 All
time in lieu shall be taken on an hour-for-hour basis during a non-teaching
session.
11.6.2 Where
an employee is unable to take the time in lieu before the end of the 12 week
accumulation period or the end of the vacation period immediately following the
term during which the hours were accumulated (whichever is the sooner), then
such teaching hours as are accumulated shall be paid for at the part-time
casual teaching rate as set out in Schedule 2 - Hourly Rates for Part-time
Casual Teachers and Co-ordinators of Part B, Schedules.
11.6.3 Where,
with the agreement of the Director, incidental time associated with programmed
excess teaching hours has been worked at the College and recorded by the
teacher on the appropriate "EC" form, it may be counted towards time
in lieu arrangements.
11.6.4 No
employee shall be required to work beyond the limitations set out in subclause
11.5 hereof.
11.7 Emergency
excess teaching hours occur when there is an unplanned absence of a teacher and
another teacher agrees to take a class with less than 24 hours notice. In such
circumstances, emergency excess teaching hours shall be paid for at the
part-time casual teaching rate.
11.8 Where staff of
Bradfield College are directed to work on approved Bradfield College activities
which require their attendance on Sundays or public holidays, they shall be
eligible for compensatory leave.
Compensatory leave will be granted on the basis of one
day for each public holiday or Sunday the teacher is directed to be in
attendance at the activity.
Compensatory leave is to be taken as time in lieu
within a reasonable time after the activity and at a time negotiated with the
Director, and may be taken in conjunction with annual leave to credit.
11.9 Employees may
not be directed to undertake face-to-face duties for more than 14 consecutive
weeks without taking a break of at least one week, or may not elect to
undertake such duties for more than 18 consecutive weeks without taking a break
of at least one week from face-to-face teaching duties. During the break employees
may, for example:
11.9.1 take
recreation leave or other leave to credit;
11.9.2 undertake
professional development;
11.9.3 undertake
duties incidental to teaching;
11.9.4 undertake
administrative duties; or
11.9.5 undertake
other duties as assigned by the Director.
11.10 The Director (in
consultation with the employees) may vary the combination of working hours to
suit the needs of Bradfield College or the employees.
12. Leave
12.1 Annual Leave -
Subject to the provisions of the Annual Holidays Act 1944, staff of the
College shall be entitled to annual leave as follows:
12.1.1 Twenty
working days annual leave per annum (which accrues at the rate of one and
two-thirds working days per month), subject to each employee accruing not more
than 30 working days annual leave.
12.1.2 Annual
leave will be taken at a time and for a period agreed between the employee and
the Director.
12.2 Extended Leave
- Prior employees shall retain their extended leave, as appropriate, to credit
as at the date of their appointment to Bradfield College.
Extended leave shall be granted to staff in accordance
with the following:
12.2.1 for
employees of the Department, the Teaching Services Act 1980;
12.2.2 for
all other employees, the Technical and Further Education Commission Act
1990.
12.3 Sick Leave -
12.3.1 Employees
other than casual employees are entitled to sick leave at the rate of 15
working days paid sick leave per year, i.e., 1 January to 31 December. The full
annual entitlement is available from 1 January each year. Sick leave will not
accrue on a monthly basis. The unused component of the annual entitlement is
fully cumulative.
12.3.2 Prior
employees who had an entitlement to cumulative sick leave on employment to
Bradfield College shall retain such entitlement for use when required.
12.4 Family and
Community Service Leave -
12.4.1 The
Director may grant paid family and community service leave for the following
purposes:
(i) for reasons
related to the family responsibilities of the employee; or
(ii) for reasons
related to the performance of community service by the employee; or
(iii) for reasons
of pressing necessity.
12.4.2 Quantum
- The amount of family and community service leave available to a member of the
staff of the College shall be:
(i) during the
first 12 months of service - three working days;
(ii) after
completion of 12 months service - six working days in any two year period; and
(iii) after
completion of two years service - nine working days in any three year period.
Where family and community service leave is exhausted,
sick leave in accordance with subclause 12.5.1 may be used.
Where family and community service leave has been exhausted,
additional such leave up to two days may be granted on a discrete "per
occasion" basis on the death of a family member (as defined in subclause
12.5.2).
12.5 Personal
Carer’s Leave -
12.5.1 A
member of staff may use the available sick leave from the current year, plus
any accumulated sick leave from the previous three years to provide care and
support for family members when they are ill.
Such illness shall be supported, if required, by a medical certificate
or a statutory declaration that the illness is such as to require the care of
another person for a specific period. The
choice of medical certificate or statutory declaration is the staff
member's. Neither the medical
certificate or statutory declaration is required to reveal the exact nature of
the illness. Wherever practicable,
prior notice of the intention to take leave should be given by a staff member.
12.5.2 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:
a spouse of the employee; or
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
a child or an adult (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
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household where, for the purposes of this 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.
A staff member shall, wherever practicable, give the
College Director 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 staff
member, the reasons for taking such leave and the estimated length of absence.
If it is not practicable for the staff member to give prior notice of absence,
the staff member shall notify the College Director of such absence at the first
opportunity on the day of absence.
12.5.3 Use
of Other Leave - To care for an ill family member, a staff member may also use
annual leave, extended leave or leave without pay with the consent of the
Director.
12.5.4 Use
of Time in Lieu - To care for an ill family member, a staff member may also,
with the supervisor's consent, take time off in lieu as agreed on an
hour-for-hour basis.
12.5.5 Use
of Make-up Time - To care for an ill family member, a staff member may, with
the supervisor's consent, elect to work "make-up time". This means
the staff member takes time off during ordinary hours and works those hours at
a later time during the spread of ordinary hours, at the ordinary rate of pay.
12.6 Other Leave -
Employees, other than casual employees, shall be entitled to the following
forms of leave in accordance with the policies published in the TAFE Commission
Gazette, as amended from time to time:
Leave Type
|
TAFE Commission
Gazette
|
Trade union activities
|
No. 4 of 1993
|
Special leave
|
No. 4 of 1993
|
Maternity leave
|
No. 43 of 1994
|
Military leave
|
No. 26 of 1992
|
Adoption leave
|
No. 43 of 1994
|
Leave without pay
|
No. 45 of 1994
|
Parental leave
|
No. 43 of 1994
|
Study leave
|
Nos. 31 and 36 of
1991,
|
|
No. 49 of 1992
|
13. Permanent
Part-Time Employees
13.1 Where teachers
are employed on a permanent part-time basis they shall be entitled to all conditions
of a full-time employee on a pro rata basis as determined by the proportion of
the full-time hours that they are required for duty.
14. Casual Employees
14.1 Payment of
casual employees will be in accordance with the provisions contained in the
Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries
and Conditions Award 2004 provided that payment will be made for approved hours
of attendance. Relevant rates are extracted and contained in Schedule 2 of Part
B, Schedules of this award.
14.2 Department-approved
casual teachers employed by the Department who undertake casual teaching at
Bradfield College will have this service recognised and accredited by the
Department as service with the Department, on the basis that each six hours of
paid attendance shall be equivalent to one day’s attendance at a school.
15. Travelling Time
and Travelling Expenses
15.1 The provisions
of Schedule 12 Excess Travel and Compensation for Travel on Official Business
TAFE Teachers of the Crown Employees (Teachers in Schools and TAFE and Related
Employees) Salaries and Conditions Award 2004 shall apply, except that the
payment for travelling time and waiting time will be calculated using the
following formula:
Annual Salary
|
x
|
7
|
x
|
1
|
=
|
Hourly Rate
|
|
|
365
|
|
35
|
|
|
16. Transferred
Officers Compensation
16.1 Prior employees
shall be entitled to the benefits of Determination 1 of 2001 Transferred
Officers Compensation, pursuant to section 25 of the Teaching Services Act 1980 and Determination 4 of 2001 Transferred
Officers Compensation, pursuant to section 16(1) of the Technical and
Further Education Commission Act 1990 (or successor provision) when they,
at the conclusion of their service at Bradfield College (provided that they
have served a minimum of three years at the College), return to a position with
the appropriate employer, provided that the employee’s term of engagement has
been completed and the employee is not the subject of any disciplinary action.
16.2 Prior employees
of the Department, or the previous Department of School Education, or TAFE who
accept a promotion with their previous employer shall satisfy the requirements
of a transferred officer under the Determination.
17. Dispute
Resolution Procedures
17.1 Subject to the
provisions of the Industrial Relations Act 1996:
17.1.1 Should
any dispute, question or difficulty arise concerning industrial matters
occurring in a particular workplace, the staff member and/or Teachers Federation
workplace representative shall raise the matter with the Director/Assistant
Director as soon as practicable.
17.1.2 The
Director/Assistant Director will discuss the matter with the staff member
and/or Teachers Federation representative within two working days with a view
to resolving the matter or by negotiating an agreed method and time frame for
proceeding.
17.1.3 Should
the procedures in 17.1.2 be unsuccessful in producing resolution of the
dispute, question or difficulty, then the staff member and/or the Teachers
Federation representative may raise the matter with an appropriate officer at
institute level with a view to resolving the dispute, question or difficulty or
by negotiating an agreed method and time for proceeding.
17.1.4 Where
the procedures in 17.1.3 do not lead to resolution of the dispute, question or
difficulty, the matter shall be referred to the General Manager of Industrial
Relations and Employment Services of the Department and the General Secretary
of the Teachers Federation. They or their nominees shall discuss the dispute,
question or difficulty with a view to resolving the matter or by negotiating an
agreed method and time frame for proceeding.
17.2 Should the
above procedures not lead to a resolution, then either party may make
application to the Industrial Relations Commission of New South Wales.
18. Occupational
Health and Safety
18.1 The parties
acknowledge their obligations to create, maintain and promote a safe working
environment in accordance with their obligations under the Occupational
Health and Safety Act 2000 and other relevant occupational health and
safety legislation.
18.2 Management of
the College have an obligation to ensure that appropriate prevention and
management systems are in place to effectively manage health and safety issues,
including the provision of protective clothing and equipment, risk assessment,
risk management and the provision of relevant training.
18.3 All staff are
required to co-operate with management in the maintenance of a safe and healthy
work environment. Where staff have undertaken relevant training, they shall
apply their training in the workplace.
19. Educational
Initiatives
19.1 The parties
agree that, during the term of this award, they will work co-operatively to develop
and implement agreed strategies aimed at improving the productivity of the
College.
19.2 It is agreed
that areas for development and implementation by the parties shall include, but
shall not be limited to:
19.2.1 improving
the technological literacy of employees of the College, including the best use
of information systems and other related technology to facilitate delivery of
educational services;
19.2.2 educational
initiatives which generate commercial revenue will not reduce the resources directed
towards improving student learning outcomes;
19.2.3 initiatives
related to alternative modes of delivery.
20. No Further Claims
20.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further
salaries or conditions claims by the parties prior to 31 December 2005 in
relation to matters expressly contained in this award subject to the following:
20.1.1 The
Federation may apply with respect to the matters prescribed in clause 25 Leave
Reserved to have those matters arbitrated by the Industrial Relations
Commission.
21.
Anti-Discrimination
21.1 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.
21.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed under clause 17, 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.
21.3 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.
21.4 Nothing in this
clause is to be taken to affect:
21.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
21.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
21.4.3 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
21.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
state or federal jurisdiction.
21.5 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.
22. Goods and
Services Tax
22.1 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.
23. Industrial Rights
23.1 An accredited
Teachers Federation representative at the College shall, upon notification
thereof to the Director, be recognised as an accredited Teachers Federation
representative.
23.2 An accredited
Teachers Federation representative shall be allowed the necessary time during
working hours to interview the employer or his/her representative on matters
affecting employees.
23.3 An accredited
Teachers Federation representative shall be allowed a reasonable period of time
during working hours to interview a duly accredited Teachers Federation
official.
24. Deduction of
Union Membership Fees
24.1 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.
24.2 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.
24.3 Subject to 24.1
and 24.2 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.
24.4 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.
24.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
24.6 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.
25. Leave Reserved
25.1 The Federation
may apply to the Industrial Relations Commission to vary the salaries of the
assistant director and learning coordinators to provide for additional increases
consistent with the Federation's application filed 3 February 2004.
26. Area, Incidence
and Duration
26.1 This award
applies to employees appointed to Bradfield College.
26.2 This award
rescinds and replaces the Bradfield College (Department of Education and
Training) Salaries and Conditions Award published 14 September 2001 (327 I.G.
886) and all variations thereof.
26.3 This award
shall take effect on and from 1 January 2004 and shall remain in force
thereafter until 31 December 2005.
PART B
SCHEDULES
Schedule 1 -
Annual Salaries
Classification
|
Salary from
|
Salary from the
|
Salary from the
|
Salary from the
|
|
1.1.2003
|
first pay period to
|
first pay period to
|
first pay period to
|
|
|
commence on or
|
commence on or
|
commence on or
|
|
|
after 1.1.2004
|
after 1.7.2004
|
after 1.1.2005
|
|
|
5.5%
|
3%
|
3.5%
|
|
$
|
$
|
$
|
$
|
Teacher Level A
|
48,149
|
50,797
|
52,321
|
54,152
|
Teacher Level B
|
51,581
|
54,418
|
56,051
|
58,013
|
Teacher Level C
|
54,727
|
57,737
|
59,469
|
61,550
|
Teacher Level D
|
56,873
|
60,001
|
61,801
|
63,964
|
Teacher Level E
|
61,164
|
64,528
|
66,464
|
68,790
|
Teacher Level F
|
65,166
|
68,750
|
70,813
|
73,291
|
Learning
|
|
|
|
|
Coordinator
|
71,864
|
75,817
|
78,092
|
80,825
|
Assistant Director
|
79,051
|
83,399
|
85,901
|
88,908
|
Schedule 2 -
Hourly Rates for Part-time Casual Teachers and Co-ordinators
|
Hourly rate
|
Hourly rate as from
|
Hourly rate as from
|
Hourly rate as from
|
|
as from 1.1.03*
|
the first pay
period
|
the first pay
period
|
the first pay
period
|
|
|
to commence on or
|
to commence on or
|
to commence on
|
|
|
after 1.1.04
|
after 1.7.04
|
or after 1.1.05
|
|
|
5.5%
|
3%
|
3.5%
|
|
$
|
$
|
$
|
$
|
Teaching Duties
|
50.52
|
53.58
|
55.18
|
57.11
|
Co-ordination/
|
|
|
|
|
Consultancy Duties
|
47.49
|
50.36
|
51.87
|
53.69
|
Duties Other Than
|
|
|
|
|
Teaching (DOTT)
|
39.89
|
42.30
|
43.56
|
45.09
|
* The hourly rates from 1.1.03 in the Bradfield College
(Department of Education and Training) Salaries and Conditions Award published
14 September 2001 (327 I.G. 886) were not in accordance with clause 14.1 of the
award. The rates have been corrected in this award.
Schedule 3 -
Allowance
|
Rate
|
Rate as from
|
Rate as from
|
Rate as from
|
|
1.1.03
|
the first pay
period
|
the first pay
period
|
the first pay
period
|
|
|
to commence on or
|
to commence on or
|
to commence on or
|
|
|
after1.1.04
|
after 1.7.04
|
after 1.1.05
|
|
|
5.5%
|
3%
|
3.5%
|
|
$
|
$
|
$
|
$
|
Team Leader Allowance
|
2,924
|
3,085
|
3,178
|
3,289
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.