CROWN EMPLOYEES (SATURDAY SCHOOL OF COMMUNITY LANGUAGES) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, an industrial organisation of employees.
(No. IRC 459 of 2004)
Mr Deputy President
Grayson
|
10 November 2004
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Employment
Jurisdiction
4 Recruitment
and Appointment
5. Allocation
to Centres and Classes
6. Duties as
Directed
7. Remuneration
8. Travel
Expenses
9. Training
and Development
10. Recognition
of Service
11. Anti-Discrimination
12 Dispute
Resolution Procedures
13. No Further
Claims
14. Goods and
Services Tax
15. Deduction
of Union Membership Fees
16. Leave
Reserved
17. Area,
Incidence and Duration
PART
B
MONETARY RATES
Table 1 -
Remuneration
2. Definitions
2.1 "Assistant
Supervisor" means an employee who assists the Supervisor and who acts in
his/her capacity during the absence of the Supervisor.
2.2 "Centre"
means a location at which language teaching and learning is conducted by the
Saturday School of Community Languages.
2.3 "Conditionally
Approved Saturday School Community Language Teacher" means an employee who
is responsible as part of a team for the educational instruction of students in
a Centre of the Saturday School of Community Languages whose approval to teach
is conditional upon completion of the Saturday School Language Intensive
Methodology Course or equivalent educational requirements as determined by the
Director-General.
2.4 "Curriculum
Co-ordinator" means an employee who assists the Centre Supervisor and the
Principal, Saturday School of Community Languages in curriculum implementation;
development of curriculum resources and provision of advice on language
teaching methodology.
2.5 "Department"
means the Department of Education and Training.
2.6 "Director
of Curriculum Support" means the officer appointed by the Director-General
to be responsible for the operation of the Curriculum Directorate of the
Department.
2.7 "Director-General"
means the Director-General of Education and Training.
2.8 "Employee"
means a Saturday School Community Language Teacher, Conditionally Approved Saturday
School Community Language Teacher, Curriculum Co-ordinator, Assistant
Supervisor or Supervisor engaged at the Saturday School of Community Languages.
2.9 "Federation"
means the New South Wales Teachers Federation.
2.10 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.11 "Minister"
means the Minister for Education and Training.
2.12 "Parties"
means the Department and the Federation.
2.13 "Principal,
Saturday School of Community Languages" means the officer appointed by the
Director-General to be responsible for the operation of the Saturday School of
Community Languages.
2.14 "Saturday
School Community Language Teacher" means an employee responsible as part
of a team for the educational instruction of students in a community language.
2.15 "Saturday
School of Community Languages" means a multi-location facility established
by the Department to provide an avenue for students of a particular community
language background to pursue the study of that language which cannot otherwise
be studied in the student’s regular school.
2.16 "Supervisor"
means an employee who co-ordinates a team of assistant supervisors, curriculum
co-ordinators, teachers and clerical staff and is responsible for the
educational and administrative leadership at an operating location of the
Saturday School of Community Languages.
3. Employment
Jurisdiction
3.1 The employment
jurisdiction conferred upon the Minister by the Constitution Act 1902 is
intended by the parties to remain unaltered by anything contained in this
Award.
4. Recruitment and
Appointment
4.1 Employees
covered by this award are engaged to teach in the Department’s Saturday School
of Community Languages.
4.2 Employees
shall be appointed for specific periods as follows:
4.2.1 Supervisors,
Assistant Supervisors, Curriculum Co-ordinators are appointed for a period of
up to three school years subject to the provisions of subclause 4.3 of this
clause; and
4.2.2 Saturday School
Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers are appointed for one school year subject to the
provisions of subclause 4.3 of this clause.
4.3 Offers of
appointment and continuing employment during periods of appointment shall be
conditional on:
4.3.1 the Saturday
School of Community Languages’ ongoing need for the service provided; and
4.3.2 satisfactory
performance of duties.
4.4 For employees
who are employed in one engagement for one day per week for two terms or more,
satisfactory performance of duties shall be appraised by annual review which
may, where appropriate, and in paid time, be supported by:
(i) conferences
between the employee and principal or nominee;
(ii) observations
of educational programs;
(iii) review of
documentation such as lesson planning, lesson materials and student work,
plans, evaluations and reports.
4.5 In
implementing the annual review the following shall be taken into account:
(i) the level of
experience of the employee (so that less experienced employees are given
greater attention); and
(ii) the
particular circumstances of the centre.
4.6 The annual
review shall be supported by way of a new teacher assessment and review
schedule which will be negotiated by the parties.
4.7 Appointments
shall be made on merit and shall be subject to the qualification requirements
as specified in subclauses 4.8, 4.9 and 4.10 of this clause.
4.8 Persons appointed
as Saturday School Community Language Teachers, Conditionally Approved Saturday
School Community Language Teachers, Curriculum Co-ordinators, Assistant
Supervisors and Supervisors are required to possess appropriate qualifications
or experience as determined by the Director-General following consultation with
the Teachers Federation.
4.9 Saturday
School Community Language Teachers are required to possess either a teaching
qualification or a language teaching methodology qualification (eg the Saturday
School Language Intensive Methodology Course).
4.10 Conditionally
Approved Saturday School Community Language Teachers are required to complete
an appropriate languages methodology course as determined by the
Director-General following consultation with the Teachers Federation, during
their period of employment. Payment for participation in the course shall be in
accordance with subclause 9.4 of clause 9, Training and Development.
5. Allocation to
Centres and Classes
5.1 Allocation of
employees to Centres and classes shall be the responsibility of the Principal,
Saturday School of Community Languages. The Principal shall consider the
following matters in the allocation to Centres and classes:
Continuity of educational programs;
Distance travelled from home to centre;
Curriculum needs of the centre.
6. Duties as Directed
6.1 The
Director-General, his/her delegate, nominee or representative may direct an
employee to carry out such duties as are within the limits of the employee’s
skill, competence and training consistent with the classifications covered by
the award and provided that such duties are not designed to promote
de-skilling.
6.2 The
Director-General may direct an employee to carry out such duties and use such
tools, materials and equipment as may be required, provided that the employee
has been properly trained in the use of such tools, materials and equipment.
6.3 Any directions
issued by the Director-General pursuant to subclauses 6.1 and 6.2 of this
clause shall be consistent with the Director-General’s responsibility to
provide a safe and healthy working environment.
7. Remuneration
7.1 The rates of
pay for employees are as set out in Table 1 - Remuneration, of Part B, Monetary
Rates.
7.2 Subject to clause
8, Travel Expenses, the above rates of pay are fully inclusive rates which
incorporate remuneration for all terms and conditions of employment.
7.3 Supervisors,
Assistant Supervisors and Curriculum Coordinators shall be paid no less than
the Saturday sessional rates as prescribed in the said Table 1 for
administrative, supervisory and curriculum coordination work undertaken at a
Centre. Saturday sessional rates include payment for incidental work such as
securing premises and resources, peak time administrative duties, irregular
consultations with students, parents and staff, and the parent/teacher meetings
and presentation days as set down in the Saturday School calendar.
7.4 Sessional work
on a Saturday for Supervisors, Assistant Supervisors and Curriculum
Co-ordinators shall be of four hours duration, unless otherwise determined by
the Principal, Saturday School of Community Languages in consultation with the
employee and with due notice and shall be remunerated at the sessional rates
prescribed in Table 1 of Part B, Monetary Rates.
7.5 Where a
Supervisor, Assistant Supervisor or Curriculum Coordinator is required by the
Principal, Saturday School of Community Languages to work at a Centre, hours
additional to the four sessional hours specified in subclause 7.4 of this
clause, including regular additional hours to meet the ongoing needs of
particular Centres, remuneration for these hours shall be paid at the hourly
rates prescribed in Table 1 for each additional hour that they are required to
work. Periods of less than one hour shall be remunerated in intervals of 30
minutes or part thereof.
7.6 Saturday
School Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers shall be paid the hourly rates of pay prescribed in
Table 1. The approved paid hours for these classifications of teachers shall be
as follows:
7.6.1 Year 7 - 10
classes - 2.75 hours per week
7.6.2 Years 11 - 12
Continuers and Background Speakers course classes - 3.75 hours per week
7.6.3 Year 12
Extension course classes - an additional one hour per week.
7.7 For a Saturday
School Community Language Teacher or Conditionally Approved Saturday School
Community Language Teacher to be entitled to payment for hours in addition to
those prescribed in subclause 7.6 of this clause, prior approval to work the
additional hours must be obtained from the Principal, Saturday School of
Community Languages. Additional hours shall be remunerated at the hourly rates
prescribed in Table 1. Periods of less than one hour shall be remunerated in
intervals of 30 minutes or part thereof.
7.8 Saturday
School Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers approved paid hours as prescribed in subclause 7.6
include 0.5 hours preparation time and 0.25 hours playground duty.
7.9 During the 0.5
hours preparation time Saturday School Community Language Teachers and
Conditionally Approved Saturday School Community Language Teachers may be
required to be present at their Centres, if considered necessary by the
Supervisor, for consultation with staff, students and/or parents.
8. Travel Expenses
8.1 Where an
employee is required and authorised to travel in the performance of their
duties, reimbursement for travel expenses shall be paid in accordance with the
provisions applying to other Departmental teachers.
8.2 Employees are
not regarded as teachers timetabled to teach in more than one school when
determining reimbursement for travel expenses.
9. Training and
Development
9.1 The Department
confirms its commitment to training and development for employees and shall
provide appropriate training and development opportunities to meet this
commitment within the context of the needs and priorities of the Saturday School
of Community Languages. The Department has an expectation that employees shall
attend appropriate staff development and curriculum co-ordination activities.
The appropriateness of the activities shall be determined by the Principal,
Saturday School of Community Languages in consultation with Supervisors.
9.2 Employees
recognise the importance of maintaining and updating their skills for the
benefit of the students of the Saturday School of Community Languages.
9.3 Approved
attendance at training and development courses and staff development and
curriculum co-ordination activities shall be remunerated as additional hours in
accordance with subclauses 7.5 or 7.7 of clause 7, Remuneration.
9.4 Conditionally
Approved Saturday School Community Language Teachers shall have the opportunity
to undertake an appropriate language methodology course as determined by the
Director-General following consultation with the Teachers Federation. Any time
spent on workshop components of such a course up to a maximum of fifty-five
hours shall be paid. Time spent on any workshop components of an appropriate
language methodology course as determined by the Director-General shall be paid
at the hourly rate prescribed for Conditionally Approved Saturday School
Community Language Teachers as set out in Table 1 - Remuneration of Part B,
Monetary Rates. Such payment shall be
made for each workshop attended. Payment shall be made at the conclusion of the
course.
10. Recognition of
Service
10.1 Employees
holding a Departmental approval to teach in regular government schools in New
South Wales, not otherwise permanently employed by the Department, shall have
service at the Saturday School of Community Languages from 4 August 1995
recognised as service with the Department, on the basis that each six approved
paid hours at the Saturday School of Community Languages, pursuant to clause 7,
Remuneration shall be equivalent to one day of service.
10.2 Employees
holding a Departmental approval to teach in regular government schools in NSW
but not otherwise permanently employed by the Department shall have service at
the Saturday School of Community Languages from 4 August 1995 recognised for
the purposes of incremental progression on permanent appointment to the
Department.
11. Anti-Discrimination
11.1 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.
11.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It 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.
11.3 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.
11.4 Nothing in this
clause is to be taken to affect:
11.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
11.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
11.4.3 any
act of practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1997;
11.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
state or federal jurisdiction.
11.5 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.
12. Dispute
Resolution Procedures
12.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute,
question or difficulty about an industrial matter arise then the following
procedures shall apply:
12.1.1 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 Principal or
Supervisor as soon as practicable.
12.1.2 The
Principal or 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.
12.1.3 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
of the Department with a view to resolving the dispute, or by negotiating an
agreed method and time frame for proceeding.
12.1.4 Where
the above procedures in subparagraph 12.1.3 do not lead to a 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 negotiating an agreed method and time frame for
proceeding.
12.2 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
13. No Further Claims
13.1 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:
13.1.1 The
Federation may apply with respect to the matters prescribed in clause 16 Leave
Reserved to have those matters arbitrated by the Industrial Relations
Commission.
14. Goods and
Services Tax
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 of 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.
15. Deduction of
Union Membership Fees
15.1 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.
15.2 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.
15.3 Subject 15.1
and 15.2 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.
15.4 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.
15.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
15.6 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.
16. Leave Reserved
16.1 The Federation
may apply to the Industrial Relations Commission to vary the rates of pay of
the supervisor, assistant supervisor and curriculum coordinator to provide for
additional increases consistent with the Federation's application filed 3
February 2004.
17. Area, Incidence
and Duration
17.1 This award
covers the following categories of staff employed at the Saturday School of
Community Languages:
Supervisors;
Assistant Supervisors;
Curriculum Co-ordinators;
Saturday School Community Language Teachers; and
Conditionally Approved Saturday School Community
Language Teachers.
17.2 This award
rescinds and replaces the Crown Employees (Saturday School of Community
Languages) Award published 7 September 2001 (327 I.G. 695) and all variations
thereof.
17.3 This award
shall take effect on and from 1 January 2004 and shall remain in force until 31
December 2005.
PART B
MONETARY RATES
Table 1 -
Remuneration
Classification
|
Saturday Sessional
|
Saturday Sessional
|
Saturday Sessional
|
Saturday Sessional
|
|
rate on and from
|
rate from the first
|
rate from the first
|
rate from the first
|
|
1.1.2003
|
pay period to
|
pay period to
|
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%
|
|
$
|
$
|
$
|
$
|
Supervisor
|
441.54
|
465.82
|
479.79
|
496.58
|
Assistant
|
|
|
|
|
Supervisor
|
349.87
|
369.11
|
380.18
|
393.49
|
Curriculum
|
|
|
|
|
Co-ordinator
|
349.87
|
369.11
|
380.18
|
393.49
|
Classification
|
Hourly rate on and
|
Hourly rate from
|
Hourly rate from
|
Hourly rate from
|
|
from 1.1.2003
|
the first pay
period
|
the first pay period
|
the first pay
period
|
|
|
to commence on or
|
to commence on or
|
to commence on or
|
|
|
after 1.1.2004
|
after 1.7.2004
|
after 1.1.2005
|
|
|
5.5%
|
3%
|
3.5%
|
|
$
|
$
|
$
|
$
|
Supervisor
|
73.59
|
77.64
|
79.97
|
82.77
|
Assistant
|
58.31
|
61.53
|
63.37
|
65.59
|
Supervisor
|
|
|
|
|
Curriculum
|
58.32
|
61.53
|
63.37
|
65.59
|
Co-ordinator
|
|
|
|
|
Teacher
|
49.36
|
52.07
|
53.63
|
55.51
|
Conditionally
|
45.91
|
48.44
|
49.89
|
51.64
|
Approved Teacher
|
|
|
|
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.