Crown
Employees (Teachers in TAFE and Related Employees, Bradfield College and TAFE
Children’s Centres) (Variation No. 1) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification under s.130 by Director General, NSW Department of Education and Training of
a dispute with NSW Teachers Federation.
(No. IRC 513 of 2009)
Before The Honourable
Justice Boland, President
Mr Deputy President Sams
Mr Deputy President Grayson
|
15 October and 13
November 2009
|
AWARD
The Crown Employees
(Teachers in TAFE and Related Employees, Bradfield College and TAFE Children’s
Centres) Award 2009, published 27 November 2009 (369 I.G. 750) is varied as follows:
1. Delete Clause
1, Arrangement, of the award published 27 November 2009 (369 I.G. 750), and
insert in lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Dictionary
TAFE SECTION
3. Salaries
4. Allowances
5. Salary Progression
and Maintenance
6. Teacher
Quality
7. Salary
Packaging
8. Initial
Appointments
9. Teaching
in More Than One Location
10. Deferred
Salary Scheme
11. Compensation
for Travel on TAFE Business
12. Contribution
to Institute Output Requirements
13. Attendance
- Teachers and Counsellors
14. Duties of
Teachers
15. Allocation
of Duties
16. Approved
Program
17. Administrative
Duties
18. Deleted
19. Deleted
20. Professional
Development - Teachers
21. TAFE Year
22. Additional
One Week
23. Evening
Work - Counsellors
24. Time Credit
25. Excess
Teaching Hours
26. Sunday
Work/Night Work
27. Qualifications
for Appointment
28. Working
Conditions - Education Officers and Related Employees
29. Professional
Development - Education Officers, Related Employees and Counsellors
30. Leave for
Teachers and Related Employees
31. Calculation
of Service
32. Training
and Development
33. Multi-skilling
34. Working
Conditions - Part time Casual Teachers, Coordinators and Counsellors
35. Contract
Teachers (OTEN)
36. Provision for
Positions which Are Hard To Fill
37. Industrial
Rights
38. Quality
Improvement Program
39. Pilot
Schemes
40. Principles
of Restructuring
TAFE CHILDREN’S CENTRES SECTION
1. Salaries
and Allowances
2. Hours of
Work
3. Non
Contact Time
4. Shift Work
5. Public
Holidays
6. Leave
7. Overtime
and Time Off in Lieu for Payment of Overtime
8. Job Share
9. Duties of
Teachers
10. Crib Breaks
11. First-aid
Certificate
BRADFIELD COLLEGE SECTION
1. Introduction
2. Employment
Arrangements and Right of Return
3. Types of
Employment
4. Full time
Employees
5. Part-time
Employees
6. Casual
Employees
7. Payment
for Related Duties - Casual Employees
8. Learning
Co-ordinators
9. Teacher
Quality
10. Training
and Professional Development
11. Qualification
and Experience Requirements
12. Remuneration
13. Salary
packaging
14. Travelling
Time and Travelling Expenses
15. College
Year
16. Hours of
Work
17. Annual
Leave
18. Extended
Leave and Long Service Leave
19. Sick Leave
20. Family and
Community Service Leave
21. Personal
Carers Leave
22. Adoption,
Maternity and Parental Leave
23. Other Leave
24. Occupational
Health and Safety
25. Educational
Initiatives
26. Industrial
Rights
GENERAL SECTION
1. Dispute
Resolution Procedures
2. No Further
Claims
3. Anti-discrimination
4. Secure
Employment Test Case - OHS Obligations
5. Area,
Incidence and Duration
6. Further
Employee Related Reform Measures and Cost Savings
7. Employment
under Two or More Sections of this Award
8. Deduction
of Union Membership Fees
SCHEDULES
Schedule 1 - Common Incremental Salary Scale - TAFE
Schedule 2 - Allowances - TAFE
Schedule 3 - Locality Allowances
Schedule 4 - Salary Scales - Promotion Classifications -
TAFE
Schedule 5 - TAFE 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)
Schedule 8- Early Childhood Teachers - Salaries
Schedule 9 - Early Childhood Directors - Allowances
Schedule 10 - Early Childhood Teachers in Charge - Allowances
Schedule 11 - Bradfield College Annual Salaries
Schedule 12 - Hourly Rates for Casual Teachers and
Co-ordinators - Bradfield College
Schedule 13 - Bradfield College Team Leader Allowance
Schedule 14 - Bradfield College Excess Travel and
Compensation for Travel on Official Business
2. Delete
subclause 2.3 from clause 2, Dictionary and insert in lieu thereof the
following:
2.3 "Approved
Program" means a teaching program comprising direct teaching and other
duties as approved by the employee’s line manager to be performed across the
Standard Educational and/ or TAFE year to meet the Institute’s needs.
3. Delete
subclause 2.30 from the said clause 2 and insert in lieu thereof the following:
2.30 "Excess
Teaching Hours" in the TAFE section of the Award means the actual teaching
hours in excess of a teacher’s annual teaching component as specified in
sub-clause 16.2, that a teacher is required to teach.
4. Delete clause
13, Attendance - Teachers and Counsellors, and insert in lieu thereof the
following:
13. Attendance -
Teachers and Counsellors
13.1 The standard
attendance hours of teachers, head teachers, special program coordinators, adult
literacy officers, counsellors, advanced skills counsellors and senior
counsellors shall be 35 hours per week.
13.2 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.
13.3 All full time
officers shall be required to attend work 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:
13.3.1 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;
13.3.2 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.
5. Delete clause
15, Allocation of Duties, and insert in lieu thereof the following:
15. Allocation of
Duties
15.1 The direct
teaching or counselling component of:
15.1.1 full time teachers
shall be 720 hours per annum.
15.1.2 head teachers
shall be 360 or 504 hours per annum as determined by the employer;
15.1.3 adult literacy
officers shall be 324 hours per annum;
15.1.4 special program
coordinators and assistant outreach coordinators shall be 216 hours per annum;
15.1.5 counsellors and
advanced skills counsellors shall be 20 hours per week;
15.1.6 senior counsellors
shall be 14 hours per week;
provided that new teachers within the meaning of subclauses
20.3.1 and 20.3.2, pursuant to Clause 20, Professional Development - Teachers, are entitled to a reduction in
their direct teaching time by half the requisite amount of professional
development time specified in those subclauses.
15.2 Teachers shall be
required to undertake 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.
15.3 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.
15.4 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
determined between the teacher and their immediate manager in accordance with
sub-clause 16.3.
6. Delete clause
16, Duties Related to Teaching, and insert in lieu thereof the following:
16. Approved Program
16.1 This clause shall
apply to teachers, head teachers, adult literacy officers and special program
coordinators.
16.2 All teachers,
head teachers, adult literacy officers and special program coordinators will
have an approved program to meet the Institute’s needs. The approved program will comprise the total
annual hours as detailed in the following table:
Classification
|
Direct
|
Duties related to
|
Administrative
|
Duties
|
Total annual
|
|
teaching
|
teaching,
|
duties
|
related to
|
hours
|
|
|
professional
|
|
teaching,
|
|
|
|
development, and
|
|
during the
|
|
|
|
coordination
|
|
five non-
|
|
|
|
duties
|
|
teaching
|
|
|
|
|
|
weeks
|
|
Teachers
|
720
|
540
|
|
175
|
1435
|
Adult Literacy
|
324
|
936
|
-
|
175
|
1435
|
Officers
|
|
|
|
|
|
Special Program
|
216
|
1079
|
-
|
175
|
1470
|
Coordinators, other
|
|
|
|
|
|
than consultants for
|
|
|
|
|
|
students with a
|
|
|
|
|
|
disability Assistant
|
|
|
|
|
|
Outreach
|
|
|
|
|
|
Coordinators
|
|
|
|
|
|
Special Program
|
216
|
1044
|
-
|
175
|
1435
|
Coordinators for
|
|
|
|
|
|
students with a
|
|
|
|
|
|
disability
|
|
|
|
|
|
Head Teacher Band
|
504
|
432
|
324
|
175
|
1435
|
1
|
|
|
|
|
|
Head Teacher Band
|
360
|
360
|
540
|
175
|
1435
|
2 (*)
|
|
|
|
|
|
(*) Includes a head
teacher Band 1 supervising > 150 weighted hours per week
|
16.3 Within the
approved program, teachers, head teachers, adult literacy officers and special program
coordinators may flexibly undertake their direct teaching and the non-teaching
components provided under sub-clause 16.2 over a period of up to twelve months.
Managers will, in consultation with teachers, determine the duties related to
teaching that shall be conducted as part of an approved program. An approved
program developed under this sub-clause shall be reviewed on a semester basis.
16.4 In developing an
approved program, employees are not restricted as to the number of hours they
may undertake direct teaching in any week, provided that the total number of
hours meets the annual totals provided in sub-clause 16.2 and that the
requirements of 16.5 are met.
16.5 An approved
program will not require an employee to work unreasonable hours. In determining
what is unreasonable the following factors will be considered:
16.5.1 The staff members
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
16.5.2 Any risk to staff
member health and safety
16.5.3 The urgency of the
work required to be performed, the impact on
the operational commitments of the organisation and the effect of client
services
16.5.4 Any other relevant
matter.
16.6 Where a teacher
is required to teach hours in excess of the annual direct teaching component
specified in sub-clause 16.2, the provisions of Clause 25, Excess Teaching
Hours will apply.
7. Delete Clause
18, Averaging.
8. Delete Clause
19, Accumulating Program.
9. Delete Clause
20, Professional Development - Teachers, and insert in lieu thereof the
following:
20. Professional
Development - Teachers
20.1 For the purposes
of this clause, teacher includes head teachers, special program coordinators
and adult literacy officers.
20.2 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.
20.3 An approved
program for all teachers shall include professional development on the
following basis:
20.3.1 teachers
undertaking teacher training shall have 72 hours per annum professional
development in their first two years of service;
20.3.2 teachers who are
teacher trained on recruitment shall have 72 hours professional development per
annum in their first year of service; and
20.3.3 all other teachers
shall have 20 hours of professional development per annum to undertake
activities related to their current and medium term individual development
needs as identified in consultation with their line manager. This does not preclude access to other
professional development opportunities provided by the employer.
10. Delete clause
24, Time Credit and insert in lieu thereof the following:
24. Time Credit
24.1 For the purpose
of this clause, teacher includes head teacher and adult literacy officer.
24.2 Teachers who are
required to perform direct teaching activities between 6.30pm 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
24.2.1 where, as a
consequence of the operation of this sub-clause, a teachers’ 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 shall remain unaltered.
24.3 Teachers who are
required to work during the hours prescribed at subclause 24.2, other than
direct teaching, including the following circumstances:
24.3.1 Related duties
(excluding meal breaks) which in one continuous period of time, extend beyond
6.30pm and 10.00pm 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;
24.3.2 where head
teachers are directed to perform supervisory duties;
24.3.3 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
|
11. Delete clause
25, Excess Teaching Hours, and insert in lieu thereof the following:
25. Excess Teaching
Hours
25.1 For the purpose
of this clause, teacher includes head teacher and adult literacy officer.
25.2 Subject to the
provisions in clause 16, Approved Program, excess teaching hours worked above
the direct teaching hours set out in clause 16.2 shall be paid at a rate known
as the excess teaching rate.
25.3 The formula for
calculating the excess teaching hourly rate for hours described in subclause
25.2 shall be:
Maximum TAFE
Teacher Salary
|
x
|
5
|
x
|
1
|
x
|
1.3475
|
1
|
|
260.8929
|
|
30
|
|
|
25.4 Where as a
consequence of the operation of clause 24, Time Credit a teacher’s standard
teaching load is reduced, the excess teaching hourly rate will only be payable
to:
25.4.1 a teacher, if, subject
to the provisions of clause 16,Approved Program, they have performed direct
teaching duties of 720 hours.
25.4.2 a head teacher,
if, subject to the provisions of clause 16, Approved Program, they have
performed direct teaching duties of 360 or 504 hours as determined by the
employer.
25.4.3 an adult literacy
officer, if, subject to the provisions of clause 16, Approved Program, they
have performed direct teaching duties of 324 hours.
25.5 Emergency Hours -
25.5.1 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.
25.5.2 Payment for
emergency excess teaching hours shall be made fortnightly at the appropriate
rate for the hours worked.
25.5.3 Emergency excess
teaching hours cannot be included in determining the direct teaching hours of
an approved program.
25.6 The parties agree
that the use of excess teaching hours shall be discouraged.
12. Delete clause
29, Professional Development - Education Officers, Related Employees and
Counsellors, and insert in lieu thereof the following:
29. Professional
Development - Related Employees
29.1 For the purpose
of this clause related employees includes permanent and temporary education
officers, counsellors, cluster managers, managers education and training
resource centre, principal education officers, program managers, curriculum
managers, quality assurance coordinators, chief education officers, and senior
education officers.
29.2 Related employees
shall have 20 hours of professional development per annum to undertake
activities related to their current and medium term individual development
needs as identified in consultation with their line manager. This does not preclude access to other
professional development opportunities provided by the employer.
29.3 Related employees
employed as at the making of this award with an existing balance of
professional development time may utilise that time in accordance with 29.2,
with the approval of their line manager.
13. In Clause 30.
Leave for Teachers and Related Employees, insert new subclause 30.6.3 as
follows:
30.6.3 Where an officer
takes a period of extended leave that spans a vacation, the vacation will be
deemed to form part of the extended leave.
Area, Incidence and Duration
1. The Crown
Employees (Teachers in TAFE and Related Employees, Bradfield College and TAFE
Children’s Centres) (Variation No. 1) Award 2009 (“Variation No.1 Award”)
covers all teachers and related employees of TAFE the classifications of which
are set out in Schedules 1 and 4 of the Crown Employees (Teachers in TAFE and
Related Employees, Bradfield College and TAFE Children's Centres) Salaries and
Conditions Award 2009. This award does
not cover educational staff employed at the TAFE NSW – Riverina Institute
National Aerospace Training Centre of Excellence (NATCOE) based at the RAAF
base Wagga Wagga.
2. The Variation
No.1 Award varies the Crown Employees (Teachers in TAFE and Related Employees, Bradfield
College and TAFE Children's Centres) Salaries and Conditions Award 2009 and
shall commence on and from 25 January 2010 and remain in force until 31
December 2011.
R.
P. BOLAND J, President.
P.
J. SAMS D.P.
J.
P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.