TEACHERS
(INDEPENDENT SCHOOLS) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Awards pursuant to Section 19 of the Industrial
Relations Act 1996, and another matter.
(Nos. IRC 1307 and 4062 of
2001)
Before the Honourable Justice Kavanagh
|
21 June 2001
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AWARD
PART A
1. ARRANGEMENT
PART A
Clause No. Subject
Matter
1. ARRANGEMENT
2. DEFINITIONS
(a)
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Teacher
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(b)
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Full-Time Teacher
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(c)
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Part-Time Teacher
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(d)
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Casual Teacher
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(e)
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Temporary Teacher
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(f)
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Graduate
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(g)
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Equivalent
Qualifications or Equivalent Course
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(h)
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Recognised School
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(i)
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Recognised Higher
Education Institution
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(j)
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One Year Trained
Teacher
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(k)
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Two Years Trained
Teacher
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(l)
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Three Years Trained
Teacher
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(m)
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Four Years Trained
Teacher
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(n)
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Five Years Trained
Teacher
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(o)
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Conditionally
Classified Two Years or Three Years
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Trained Teacher
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(p)
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Conditionally
Classified Four Years Trained
|
|
Teacher
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(q)
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Senior Teacher - Level
1
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(r)
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Senior Teacher - Level
2
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(s)
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Primary Department
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(t)
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Secondary Department
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(u)
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Deputy Principal
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(v)
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Positions of Special
Responsibility
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(Co-ordinators 1, 2 and 3 and Director)
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(w)
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Category UG2
Qualification
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(x)
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Category PG1
Qualification
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(y)
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Degree Course
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(z)
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Union
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(aa)
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Class
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(bb)
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Pre-School
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(cc)
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Early Childhood
Services Centre
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(dd)
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Unit
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3. SALARY SCALES
3.1
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Salaries Payable
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3.2
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Special Education
Allowances
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3.3
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Calculation of Service
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3.4
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Progression (Completion
of Qualifications)
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3.5
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Senior Teacher - Level
1 and Progression for Two and
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Three Years Trained
Teachers
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3.6
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Payment Method
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3.7
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Payment of Part Time,
Temporary and Casual Teachers
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3.8
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Travelling Expenses
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3.9
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Payment for Supervision
of Student Teachers
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3.10
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Overpayments
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4. TERMS OF ENGAGEMENT
4.1
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Letter of Appointment
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4.2
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Termination - Notice
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4.3
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Termination - Summary
Dismissal
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4.4
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Statement of Service
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4.5
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Casual Teachers -
Service
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4.6
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Duties
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5. PRO RATA ANNUAL LEAVE
PAYMENT
5.1
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In Lieu of the Annual
Holidays Act 1944
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5.2
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Application
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5.3
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Calculation of Payments
and Definitions
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5.4
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Termination of
Employment
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5.5
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Teachers who commence Employment after the
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Commencement of the
School Year
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5.6
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Teachers who take Approved Leave without Pay -
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Notation re Leave
Without Pay
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5.7
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Teachers Whose Hours
have Varied
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6. ANNUAL HOLIDAY LOADING
7. PROMOTIONS POSITIONS
7.1 (a)
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Deputy Principal
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(b)
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Positions of
Responsibility
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(c)
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Positions of Special
Responsibility - Points Table
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7.2
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Minimum Number of
Positions
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7.3
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Allowances (including
Directors, Pre-Schools)
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7.4
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Acting Appointments
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7.5
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Special Schools
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7.6
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Steiner Schools
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8. MISCELLANEOUS
8.1
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Normal Duties
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8.2
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Lunch Break
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8.3
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Additional Requirements - Pre-Schools
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9. UNION REPRESENTATIVES
9.1
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Posting of Notices
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9.2
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Interview with Employer
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9.3
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Holding of Meetings
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10. LEAVE
10.1
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Sick Leave
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(a)
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Entitlement
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(b)
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Accumulation
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10.2
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Domestic Leave
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10.3
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Carers Leave
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10.4
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Parental Leave
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(a)
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Maternity Leave
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(b)
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Paternity Leave
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(c)
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Adoption Leave
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10.5
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Long Service Leave
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(a)
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Applicability of Long
Service Leave Act 1955
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(b)
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Quantum of Leave
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(c)
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Calculation of Entitlement
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(d)
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Conditions of Taking Leave
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(e)
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Public Holidays/Pupil Vacations
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(f)
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Service Continuous/ Leave Without Pay
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(g)
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Payment in Lieu
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(h)
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Quantum of Leave - Pre-Schools
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10.6
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Bereavement Leave
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10.7
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Military Reserve Leave
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10.8
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Examination/Study Leave
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11. TEACHER SKILL
DEVELOPMENT
11.1
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Induction
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11.2
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Teacher Portfolios
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11.3
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Applicability - not as a Grievance Procedure
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11.4
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Induction after Period of Absence
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12. PRE-SCHOOL CONDITIONS
12.1
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Previous Award Classification
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12.2
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Calculation of Other Service for Pre-School Teachers
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12.3
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Directors
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12.4
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Long Service Leave - Pre-School Calculation
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12.5
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Miscellaneous
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13. REMUNERATION
PACKAGE
14. SUSPENSION
15. DISPUTES
PROCEDURE
16. NO EXTRA CLAIMS
17. SUPERANNUATION
18. ANTI-DISCRIMINATION
19. AREA INCIDENCE
AND DURATION
PART B
MONETARY RATES
Table 1A
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Wage Rates
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Table 1B
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Co-ordinator and Deputy
Principal Allowances
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Table 1C
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Director’s Allowances
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Table 2
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Other Rates and
Allowances
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Table 3
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Casual Rates (Daily,
Half Daily, pre-school only
|
|
quarter day)
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Attachment A
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Disputes Settlement
Procedure
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Attachment B
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Teacher/Librarians
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2. DEFINITIONS
For the purpose of this award:
(a) "Teacher"
means a person employed as such to assist the Principal in the work of the
school.
(b) "Full-Time
Teacher" means any teacher other than a casual, part-time, or temporary
teacher.
(c) "Part-Time Teacher" means a
teacher who is engaged to work regularly, but for less than a full school week
and not more than 0.8 of the normal hours which a full-time teacher at the
school is required to teach, provided that a part-time teacher employed in a
pre-school may work up to 0.9 of the normal hours of a full-time teacher if he
or she is entitled to a preparation session equivalent to 0.1 of a teacher’s
normal hours. Provided further a
part-time teacher employed in a pre-school as at 31 January 1990 shall not be
required by the employer to work in excess of 0.8 of the normal hours of a
full-time teacher.
(d) "Casual
Teacher" means a teacher engaged as such by an employer.
(e) "Temporary Teacher" means a teacher
employed to work full-time or part-time for a specified period which is not
more than a full school year, but not less than four school weeks.
Provided that a teacher may be
employed for a specific period in excess of a full school year but not more
than two full school years where such a teacher is replacing a teacher who is
on leave for a specified period in excess of a full school year.
A teacher shall not be employed on
successive temporary appointments except where each appointment is for a different
purpose.
(f) "Graduate"
means a teacher who holds a degree from a recognised higher education
institution.
(g) "Equivalent qualifications or
equivalent course" means qualification or a course as the case may be
which the employer and employee agree as being equivalent to the qualification
or course prescribed by the clause in question in this award or which the
Industrial Relations Commission of New South Wales determines as being so
equivalent.
(h) "Recognised school" means a
school registered under the provisions of the Education Act 1990 or any
registered special school within the meaning of that Act or school for the
disabled.
(i) "Recognised higher education
institution" means an Australian university recognised by the relevant
Australian tertiary education authority from time to time or a former college
of advanced education recognised by the Tertiary Education Commission.
(j) "One
Year Trained Teacher" means:
(i) A teacher who has satisfactorily
completed the two years in-Service course for Secondary Teachers at the Guild
Teachers' College or who has satisfactorily completed the William Balmain
Teachers College course for Supervisors of the mentally handicapped or who has
satisfactorily completed a course of training in teacher education of one year
duration at a recognised higher education institution or has acquired other
equivalent qualifications; or
(ii) A teacher who is not Two, Three, Four or
Five Years Trained nor conditionally classified Two, Three or Four Years
Trained and who has completed 20 years of service.
(k) "Two
Years Trained Teacher" means:
(i) A teacher who has satisfactorily
completed a two years full-time course in teacher education at a recognised
higher education institution; or
(ii) A teacher who is a Two Years Conditionally
Classified Teacher who in addition to the qualifications necessary for Two
Years Conditionally Classified status has satisfactorily completed a two
semester course of training for teacher/librarians conducted by a recognised
higher education institution; or
(iii) A teacher who is a One Year Trained
Teacher who in addition to the qualifications necessary for One Year Trained
status, has satisfactorily completed a two semester course of training for teacher/librarians
conducted by a recognised higher education institution; or
(iv) A teacher who has acquired other
equivalent qualifications. Provided
that in the case of a teacher employed in a pre-school such qualifications
shall be a two years full-time course of study in Early Childhood Education at
a recognised higher education institution provided further a teacher employed
in a pre-school who is not classified as a Three Years Trained Teacher or a
Four Years Trained Teacher shall be paid as a Two Years Trained Teacher.
(l) "Three
Years Trained Teacher" means:
(i) A teacher who has satisfactorily
completed a three years full-time course in teacher education at a recognised
higher education institution; or
(ii) A Two Years Trained Teacher who in addition
has satisfactorily completed the two semester course of training for
teacher/librarians conducted by a recognised higher education institution; or
(iii) A teacher who is a Three Years
Conditionally Classified Teacher, who in addition to the qualifications
necessary to gain a Three Years Conditionally Classified status, has
satisfactorily completed a two semester course of training for
teacher/librarians conducted by a recognised higher education institution; or
(iv) A teacher who in addition to satisfying
the requirements for classification as a Two Years Trained Teacher has
satisfactorily completed a course of study at a category UG2 level; or
(v) A person employed as a teacher/librarian
who is eligible for Associate (Professional) Membership of the Library
Association of Australia, but who is not a graduate; or
(vi) A teacher who has acquired other
equivalent qualifications. Provided
that in the case of a teacher employed in a pre-school such qualifications
shall be a three years full time course of study in Early Childhood Education
at a recognised higher education institution or equivalent and shall include a
teacher in a pre-school employed as such as at 1 January 1985.
(m) "Four
Years Trained Teacher" means:
(i) A teacher who is a graduate in Education
[four years course]; or
(ii) A teacher who is a graduate who holds a
Diploma in Education from a recognised higher education institution; or
(iii) A teacher who is a graduate who has
satisfactorily completed at least a one year full-time course in teacher
education at a recognised higher education institution, or who has acquired
other equivalent qualifications; or
(iv) A teacher who has satisfactorily completed
a four years training course at Sydney Teachers' College and the New South
Wales Conservatorium of Music; or
(v) A teacher who has satisfactorily completed
a four years diploma of Art Course that incorporates the equivalent of a one
year full-time course in teacher education at a recognised higher education
institution; or
(vi) A teacher who is a Three Years Trained
Teacher other than a teacher to whom clause (l) (ii) applies, who in addition
to the qualifications necessary for Three Years Trained status, has
satisfactorily completed a two semester course of training for teacher/librarians
conducted by a recognised higher education institution; or
(vii) A teacher or librarian, who in addition to
being a graduate has completed a two semester course of training for
teacher/librarians conducted by a recognised higher education institution; or
(viii) A teacher or librarian, who in addition to
being a graduate is eligible for Associate (Professional) Membership of the
Library Association of Australia; or
(ix) A teacher who in addition to satisfying
the requirements for classification as a Three Years Trained Teacher, has
satisfactorily completed a course of study at category PG1 level defined
herein; or
(x) A teacher who has satisfactorily
completed a Master of Teaching degree being a four years full-time course of
study from a recognised higher education institution; or
(xi) A teacher who has acquired other
equivalent qualifications. Provided
that in the case of a teacher in a pre-school such qualifications shall be a
four years full-time course of study in Early Childhood Education, and a Four
Years Trained Teacher in a pre-school shall include a teacher who is a graduate
and holds a Diploma in Early Childhood Education from a recognised higher
education institution; a teacher who has satisfied the requirements for
classification as Three Years Trained Teacher and also completed a course of
study in Early Childhood Education at Category PG1 level; a teacher who was
employed as a Four Years Trained Teacher as at 1 January 1985 and a teacher who
has acquired other equivalent qualifications.
(n) "Five
Years Trained Teacher" means a teacher (other than a teacher in a
pre-school) who is:
(i) a teacher who has obtained a degree from
a recognised higher education institution which requires a minimum of four
years full-time study and who has, in addition, satisfactorily completed at
least a one year full-time course in teacher education including a Diploma in Education from a recognised
higher education institution; or
(ii) a teacher who is a graduate and who in addition:
(A) obtains by study a Masters Degree or
Doctorate, from a recognised higher education institution; and
(B) satisfactorily completes at least a one
year full-time course in teacher education including a Diploma in Education from a recognised higher education institution;
or
(iii) a teacher who has obtained other equivalent qualifications.
(o) "Conditionally Classified, Two
Years or Three Years Trained Teacher" means a teacher (other than a
teacher in pre-school) who has undertaken a two years or a three years course
in teacher education, as the case may be, at a New South Wales Department of
Education higher education institute, or other equivalent course and who has
satisfactorily completed at least three-quarters of the course requirements, or
who has acquired other equivalent qualifications; provided that a teacher who
has satisfactorily completed a three years in-service course at the Guild
Teachers' College shall be classified as a Three Years Conditionally Classified
Teacher.
(p) "Conditionally Classified Four Years
Trained Teacher" means a teacher who is a graduate other than a graduate
to whom subclause (m) of this clause applies.
(q) "Senior Teacher - Level 1"
means a Four Years or Five Years Trained teacher who has completed at least 12
months full-time service or its part-time equivalent on Step 13 and who has
been awarded the classification by an employing authority (provided that in the
case of a teacher in a pre-school refer to clause 12 Pre-School Conditions).
(r) "Senior Teacher - Level 2"
means a teacher appointed as such in a primary or secondary department, who is
responsible for developing and implementing outstanding teaching practice and
leadership with particular reference to the performance and quality of teachers
in the school, or who is required to perform other duties of comparable level
(including in the area of pastoral care) requiring a high level of professional
expertise.
(s) "Primary Department" means that
section or division of a school which provides a primary education [including
infants] and includes a school which provides a primary education only.
(t) "Secondary Department" means
that section or division of a school which is not a primary department and
includes a school which provides a secondary education only.
(u) "Deputy Principal" means a
teacher appointed as such in a primary or secondary department, who assists the
Principal in his / her responsibility for the conduct and organisation of the
school.
(v) Positions of
Special Responsibility:
(i) "Co-ordinator 1" means a
teacher appointed as such in a primary or secondary department who is:
(A) responsible for the co-ordination of a
programme of work in an area of instruction or other activity: or
(B) required to assist a Co-ordinator 2 in the performance of his /
her duties; or
(C) required to perform other duties, as determined by the
Principal.
(ii) "Co-ordinator 2" means a
teacher appointed as such in a primary or secondary department who is responsible
to the Principal for the co-ordination of a programme of work in an area of
instruction or other activity.
(iii) Co-ordinator "3" means a teacher
appointed as such in a primary or secondary department who is responsible to
the Principal for:
(A) the supervision of Co-ordinators 1 and 2 and Senior Teacher -
Level 2; and/or
(B) the co-ordination and supervision of the
academic programme of the school in the secondary or primary departments or
both; and/or
(C) the professional development of teachers at the school; and/or
(D) other duties as required by the Principal.
(iv) "Director" means the teacher
employed in a pre-school who is responsible for the day to day operation of the
pre-school.
(w) "Category UG2 Level" means a
course of study leading to a category UG2 Diploma Award as described in
Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education,
issued by the Australian Council on Awards in Advanced Education, and
recognised by the said Council for inclusion in the National Register of Awards
in Advanced Education.
(x) "Category PG1 Level" means a
course of study leading to a category PG1 Graduate Diploma [at the 20.1 or 20.2
level] as described in Statement No. 1, Nomenclature and Guidelines for Awards
in Advanced Education, August 1972 [as amended] and recognised by the said
Council for inclusion in the National Register of Awards in Advanced Education.
(y) "Degree Course" means a course
of study at UG1 level at a recognised higher education institution of at least three
years full-time duration, or its part-time equivalent.
(z) "Union"
means the New South Wales Independent Education Union.
(aa) "Class"
means
(i) In a primary department - a standard roll
class of pupils. (Note: a two stream primary school is likely to have 14
classes in K to 6.)
(ii) In a secondary department - a standard
English class. (Note: a secondary
department may have two streams in years 7 to 10 and one stream in years 11 and
12 and thus will have 10 "classes".)
(bb) "Pre-School" means an
establishment which provides educational development programmes, child care or
other services for children under school age and which usually operates during
hours and terms which approximate those of a recognised school. A pre-school may operate on a sessional
basis (morning and/or afternoon sessions) or on a full day basis.
(cc) "Early Childhood Services
Centre" (ECS Centre) means an establishment which provides child care
and/or educational development programmes or other services for children under
school age and shall include:
(i) "Early Intervention Services"
means individual programmes for developmentally delayed or disabled children,
or children at risk of being developmentally delayed or disabled, aged 0 to 6
years, aimed at providing assistance to the child and its family in the areas
of physical, emotional, social and educational needs.
(ii) "Long Day Care Centre" means a
child care establishment which usually provides services over a period of
approximately eight hours or more each day for approximately 48 weeks or more
during the year.
(iii) "Multi-Purpose Centre" means a
child care establishment which usually provides the services of a long day care
centre, together with the services of a full-day care centre and/or a sessional
care centre.
(dd) "Unit" means a group or class of
children in a pre-school which does not at any time exceed 25 children, but
which need not necessarily consist of the same children at all times.
3. SALARY SCALES
3.1 (a) The minimum annual rate of salary
payable to full-time teachers in schools and pre-schools shall be as set out in
Part B, Table 1A. Weekly salaries shall
be ascertained by dividing the annual salaries by 521/7.
(b) One-Off Payments
A one off payment of 1.25% of the
award salary rate applicable to the teacher shall be paid as follows:
1 September 2002, calculated on
the rate applicable to the teacher as at 1 July 2002.
1 September 2003, calculated on the
rate applicable to the teacher as at 1 February 2003.
One-off payments applying to
full-time teachers are set out in Table 1A of Part B - Monetary Rates. These payments are subject to the following
conditions:
(i) A teacher who was not employed for the
whole of the period between the first day of first term and 1 September of the
year of the one-off payment shall receive the proportion of the payment
equivalent to the proportion of the number of term weeks worked by the teacher
between the first day of first term and 1 September in that year bears to the
number of term weeks between the first day of first term and 1 September in
that year.
Term
weeks worked by Teacher
x
One - off payment.
Term
weeks in the School Year
(ii) In the case of a teacher who has taken
leave without pay (other than parental leave) between the first day of first
term and 1 September in the year of a one-off payment, the amount of the
one-off payment shall be reduced in proportion to the number of term weeks taken
as leave without pay (other than parental leave) compared to the number of term
weeks between the first day of term and 1 September in that year.
(iii) A teacher whose hours have varied
throughout the year in which a one-off payment is made shall receive a payment
based on his or her average load calculated in respect of each term week
between the first day of first term and 1 September in that year.
(iv) A teacher whose employment is terminated
for any reason prior to 1 September of the year of the one-off payment shall
receive the proportion of the payment as per clause 3.1 (b) (i).
(c) Five Years Trained Teachers
(i) A Five Years Trained Teacher shall
commence on Step 6 of the scale and progress according to normal years of
service to Step 13 of the scale;
(d) Four Years Trained Teachers
(i) A Four Years Trained Teacher shall
commence on Step 5 of the scale and progress according to normal years of
service to Step 13 of the scale;
(ii) A Four Years Trained Teacher upon satisfying
the requirements for classification as a Five Years Trained Teacher shall have
his or her incremental position advanced one year with retention of normal
incremental date and shall thereafter progress according to normal years of
service.
(e) Two Years Trained Teachers
(i) A Two Years Trained Teacher shall
commence on Step 2 of the scale and progress according to normal years of
service to Step 9 of the scale.
(ii) A Two Years Trained Teacher who by
further study satisfactorily completes the equivalent of one year of full-time
study of a degree course, shall be deemed a Three Years Trained Teacher and
shall be paid an additional increment with retention of normal incremental date
and shall thereafter progress in accordance with normal years of service to
Step 9 of the scale;
(iii) A Two Years Trained Teacher who has
completed at least three years on Step 9 of the scale and who has completed 120
hours of professional development outside of school hours and pupil free days
over a period of five years prior to the teacher's application for progression
may apply for progression to Step 10 and thereafter progress to Step 13 after
completion of two years' service on each of Step 10, Step 11 and Step 12 of the
scale.
The progression may be awarded by
an employing authority in accordance with the provisions of clause 3.5.
(iv) Such professional development, if it is to
be considered for the purposes of clause 3.1 (e) (iii), must be deemed relevant
to the Two Years Trained Teacher's employment by the employer
(f) Three Years Trained Teachers
(i) A Three Years Trained Teacher shall
commence on Step 3 of the scale and shall progress according to normal years of
service to Step 9 of the scale;
(ii) A Three Years Trained Teacher shall
include a teacher deemed as such immediately prior to 17 August 1990;
(iii) A Three Years Trained Teacher on Steps 3
to 8, who by further study completes the equivalent of one year of full-time
study of a degree course, shall have his or her salary advanced one increment
with retention of normal incremental date and shall thereafter progress in
accordance with normal years of service to Step 9 of the scale.
(iv) A Three Years Trained Teacher who has completed
at least 12 months on Step 9 of the salary scale may apply for progression
to Step 10 and thereafter progress to Step 13 after completion of one years
service on each of Step 10, Step 11 and Step 12 of the scale. The progression may be awarded by an
employing authority in accordance with the provisions of clause 3.5.
(g) One Year Trained Teacher / Teacher Not
Otherwise Classified
A One Year Trained Teacher and a
Teacher Not Otherwise Classified shall commence on Step 1 of the scale and
progress according to normal years of service to Step 6 of the scale.
(h) Conditionally Classified Two Years
Trained Teacher
A conditionally Classified Two
Years Trained Teacher shall commence on Step 2 of the scale and progress
according to normal years of service to Step 6 of the scale; provided that a
teacher shall after 15 years' service progress to Step 7 of the scale and shall
thereafter progress according to normal years of service to Step 9 of the
scale.
(i) Conditionally Classified Three Years
Trained Teacher
A Conditionally Classified Three
Years Trained Teacher shall commence on Step 3 of the scale and progress
according to normal years of service to Step 6 of the scale; provided that a
teacher shall after 15 years' service progress to Step 7 of the scale and shall
thereafter progress according to normal years of service to Step 9 of the
scale.
(j) Conditionally Classified Four Years
Trained Teacher
A Conditionally
Classified Four Years Trained Teacher shall commence on Step 5 of the scale and
progress according to normal years of service to Step 9 of the scale; provided
that a teacher shall after 15 years service, progress to Step 10 of the scale
and shall thereafter progress according to normal years of service to Step 13
of the scale.
(k) Teachers who were employed as at 31
December 1974 and whose salaries were adjusted to an appropriate step in the
scale prescribed by the variation of the award published on 10 September 1975
[198 IG 2429] shall be deemed then to have had the years of service and to have
qualified by the said variation and to have progressed in salary thereafter in
accordance with the award.
3.2 Special
Education Allowances
(a) Teachers appointed to teach classes of
children with disabilities shall be paid in addition to the salaries provided
for in clause 3.1 an allowance as set out in Part B, Table 2, Item 1. A part-time teacher shall receive the
allowance set out in Part B, Table 2, Item 2.
(b) A principal teacher of a school for
children with disabilities shall be paid, in addition to the salaries provided
in the scales and the allowance provided in paragraph (a) above, a further
allowance at the rate as set out in Part B, Table 2, Item 3 for each member of
staff being supervised; provided that the maximum payment for such further
allowance shall be as set out in Part B, Table 2, Item 4.
3.3 Calculation
of Service
(a) Teachers in Schools
For the purpose
of this clause, any teacher if required by the employer so to do, shall upon
engagement establish to the satisfaction of the employer, the length of his or
her teaching service in recognised schools or in schools certified or
registered under the appropriate legislation in other States or Territories of
the Commonwealth of Australia and the period so established shall be taken to
be the length of such service, for the purpose of that employment. For the purpose of calculating service:
(i) Any employment as a full-time teacher
(including employment as a temporary full-time teacher), shall be counted as
service;
(ii) The amount of service of a part-time
teacher [including a temporary part-time teacher] shall be calculated by
reference to the ratio which the number of hours taught by the teacher in any
year bears to the normal number of hours taught by a full-time teacher at the
school in the same year;
(iii) Casual teachers shall be entitled to
normal incremental progression on the basis of one increment for each 204 days
of service.
Provided that when calculating
service, one year of service may be deducted for every continuous period of
five years' absence from teaching.
(b) Teachers in Pre-Schools
(i) For the purpose of this clause, any
teacher if required by the employer to do so, shall upon engagement establish
to the satisfaction of the employer, the length of his or her teaching service
in any Pre-School, Early Childhood Services Centre (ECS Centre), Multi-Purpose
Centre or in early childhood education services for children up to 8 years of
age, or in the Infants Department of Schools registered or certified under the
appropriate legislation in other States or Territories of the Commonwealth of
Australia, and that period so established shall be taken to be the length of
such service for the purpose of that employment.
(ii) For the purpose of this clause, a period
of service other than service within clause 3.3 (b) (i), shall be counted as
service in accordance with the following principles:
(1) A period of service as a lecturer in
early childhood education or child development, as a child development officer,
or as a Family Day Care Co-ordinator or equivalent shall be recognised as
service;
(2) A period of service as a carer in the
child care industry, including service as a Family Day Care carer (as
recognised under State Government Regulations), and a Child Care Certificate
worker or equivalent, shall be recognised as service at the rate of one
increment for each completed three years so engaged to a maximum of four
increments.
(iii) For the purpose of calculating service:-
(1) Any employment as a full-time employee
(including employment as a temporary full-time employee) as referred to in
clause 3.3 (b) (i) and (ii) shall be counted as service.
(2) The amount of service of a part-time
teacher (including a temporary part-time teacher) shall be calculated by
reference to the ratio which the number of hours worked by the teacher in any
year bears to the normal number of hours worked by a full-time teacher at that
pre-school in the same year, provided that a period of part-time service in
terms of clause 3.3 (b) (ii) shall count as service in the proportion that the
part-time employment bears to full-time employment in that occupation.
(3) The amount of service of a casual
teacher employed in an ECS Centre shall be calculated by reference to the ratio
which the number of days (or equivalent) worked by the teacher in any year
bears to the normal number of days worked by a full-time teacher at the ECS
Centre in the same year.
(4) Casual teachers shall be entitled to
normal incremental progression on the basis of one increment for each 204 days
of service.
(5) Provided also that the salary
incremental date of any teacher who has taken leave without pay may be altered
by adding the period of such leave without pay to the salary incremental date
applicable to that teacher prior to the leave without pay.
3.4 Progression
(Completion of Qualifications)
(a) The transfer to a higher salary step of
a teacher who has completed a course of training which makes the teacher
eligible to be so transferred and the further incremental progression of such
teacher on the salary scale shall be effected in accordance with this clause.
(b) (i) A
teacher seeking such transfer shall make application in writing to the employer
and shall attach to such application documentary evidence establishing that the
teacher has had or will have conferred on him or her the diploma, degree or
equivalent recognition of the completion of the course of training which makes
the teacher eligible to transfer;
(ii) Where an application is made under
clause 3.4 (b) (i) which establishes that a teacher is eligible to transfer to
a higher salary step, such transfer shall take effect:
(1) From the beginning of the first pay
period to commence on or after the date the teacher undertook the last paper in
the final examination in the course of training which creates the eligibility
for transfer, or from the beginning of the first pay period to commence on or
after the date of completion of formal course requirements, whichever is the
later; provided that the application for transfer is received by the employer
no later than the first school day of the school term following the completion
of such course of training; or
(2) Where the application for transfer is
not received by the employer within the time specified in (1), from the
beginning of the first pay period to commence on or after the date on which the
employer receives such application;
(iii) A teacher who is transferred to a higher
salary step in accordance with this subclause, shall, for the purpose of
further incremental progression after such transfer, retain his or her normal
salary incremental date. Provided that
if the transfer of the teacher to the higher salary step coincides with the
teacher's normal salary incremental date, the increment shall be applied prior
to the teacher being transferred to the higher step.
(c) A teacher who is Two Years Trained,
Three Years Trained or Four Years Trained, who completes a course of training
which entitles the teacher to be classified as Three Years Trained, Four Years
Trained or Five Years Trained, as the case may be, shall progress to the step
on the salary scale which shall be determined by the teacher's years of service
on the lower classification and the teacher's new qualifications and the
teacher shall retain his or her normal incremental salary date.
(d) A teacher who is Conditionally Classified
Two Years Trained, Conditionally Classified Three Years Trained, Conditionally
Classified Four Years Trained, One Year Trained or Not Otherwise Classified and
who completes a course of training which entitles the teacher to be classified
to a higher classification shall progress to the step on the salary scale which
is determined by the teacher's new qualifications and such step as is closest
to the teacher's salary prior to progressing and which shall result in an
increase in the teacher's salary.
3.5 Senior
Teacher - Level 1 and Progression for Two and Three Years Trained Teachers
(a) A Four or Five Years Trained teacher who
has completed 12 months on Step 13 of the scale may apply to be classified as a
Senior Teacher - Level 1 with salary as set out in Part B, Table 1A. A Two Years Trained Teacher who has
completed three years on Step 9 of the scale may apply for further progression
pursuant to clause 3.1 (e) (iii).
(b) A teacher referred to in clause 3.5 (a)
above, who, on application, is assessed by the employer as a highly skilled and
competent teacher in accordance with the following criteria shall be classified
or progress as provided in clause 3.5 (a):
(i) Tertiary Study - courses of study
undertaken at an approved tertiary institution; or
(ii) In-service - accredited by the Principal
of the school, which is conducted by Department of School Education, the
employer, an employer organisation, a professional association or other
relevant body; and
(iii) Professional Involvement - participation
in a wide range of professional activities at classroom, school, or community levels
as follows:
(1) Work relating to classroom activities -
Involvement in curriculum / resource development and planning; involvement in
reflective and adaptive classroom practice; including knowledge and preparation
of syllabus content; relevance of methodology used; class rapport, tone,
discipline and motivation.
(2) Involvement beyond the classroom -
Sharing and learning knowledge and skills with and from peers; involvement in
co-operative planning.
(3) As a member of the Whole School -
Effective involvement as a team member; effective contribution to the life of
the school.
A teacher should be assessed as
highly skilled and competent on the basis of the teacher's professional
involvement and shall have participated in a satisfactory level of in-service
or tertiary study.
(c) A Two Years Trained Teacher who has been
assessed as a highly skilled and competent teacher pursuant to subclause 3.5
(b) and who subsequently completes a course of training which makes the teacher
eligible to be reclassified as Four or Five Years Trained pursuant to subclause
3.4, shall also be classified as Senior Teacher Level 1 on such
reclassification, provided that after 1991 the teacher shall have completed
nine years of service.
(d) A Three Years Trained Teacher who has
been assessed as a highly skilled and competent teacher pursuant to subclause
3.5 (b) and who subsequently completes a course of training which makes the
teacher eligible to be reclassified as Four or Five Years Trained pursuant to
subclause 3.4, shall also be classified as Senior Teacher - Level 1 on such
reclassification, provided that after 1991 the teacher shall have completed
nine years of service.
(e) A recommendation for classification or
progression pursuant to this clause, if approved by the employer, shall take
effect from the beginning of the first full pay period after the teacher is
eligible for such classification or progression or from the date of application
by the teacher, where such date is after the date on which the teacher becomes
eligible. In the case of a teacher who
becomes eligible during a period of paid leave, such classification or
progression shall take effect from the date of eligibility.
3.6 Payment
Fortnightly / Half Monthly
(a) The salary payable to any teacher other
than a casual teacher pursuant to this clause, shall be payable either
fortnightly or half-monthly.
(b) Where the pay day for a half-monthly pay
period falls on a Saturday, Sunday or public holiday, salaries shall be paid on
the day not being a Saturday, Sunday or public holiday immediately preceding
said pay day.
(c) The salary payable to any teacher,
pursuant to this clause, shall be payable at the election of the employer by
either cash, cheque or Electronic Funds Transfer into an account nominated by
the employee.
3.7 Payment of
Part-Time, Temporary and Casual Teachers:
(a) (i) Subject to clause 3.7 (ii), a part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification but in that
proportion which the number of hours which are normal teaching hours bear to
the hours which a full-time teacher at the school is normally required to
teach.
(ii) A part-time teacher/librarian, including
a temporary part-time teacher/librarian, shall be paid at the same rates as a
full-time teacher/librarian, with the corresponding classification, but in that
proportion which the number of hours which are the normal working hours bears
to the hours a full-time teacher/librarian at the school is normally required
to work. If there is no full-time
teacher/librarian employed at the school, the proportion shall be based upon
the number of hours which a full-time teacher/librarian at the school would be
required to work if employed.
(iii) No part-time teacher shall be required to
attend school on any day on which he or she is not required to teach except to
attend occasional school activities as reasonably required.
(b) A temporary full-time teacher shall be paid
at the same rate as that prescribed for a full-time teacher with corresponding
classification.
(c) (i) The
salary payable to a casual teacher shall be the appropriate rate in clause 3.1
in accordance with years of full-time service, divided by 204 in the case of a
daily payment, 408 in the case of a half-day payment, 816 in the case of a
quarterly day payment only for a teacher employed in a pre-school, plus
5%. These rates are set out in Table 3
together with the casual rates from Day 1, Term 2, 2001 until 1 July, 2001.
provided that the maximum rates
payable shall be as follows:
Classification
|
Step
|
Four Years Trained
|
8
|
Three Years Trained
|
6
|
Two Years Trained
|
5
|
One Year Trained
|
2
|
Not Otherwise Classified
|
1
|
Conditionally Classified Four Years Trained
|
7
|
Conditionally Classified Three Years Trained
|
6
|
Conditionally Classified Two Years Trained
|
4
|
The said rate includes the pro-rata
payment in respect of annual holidays to which the teacher is entitled in
accordance with the Annual Holidays Act
1944.
(d) A casual teacher shall be paid for a
minimum of half a day except that a casual teacher in a pre-school shall be
paid for a minimum of a quarter day for each single engagement. See Part B,
Table 3.
(e) Casual teachers shall be entitled to
normal incremental progression on the basis of one increment for each 204 days
of service.
3.8 Travelling
Expenses
(a) Where the use of a vehicle is required
in connection with employment, other than for journeys between home and the
place of employment, the teacher shall be paid an allowance as set out in Part
B, Table 2, Item 5.
(b) Travelling and other out of pocket
expenses reasonably incurred by a teacher in the course of duties required by
the employer, shall be reimbursed by the employer.
3.9 Payment for
Supervision of Student Teachers
Where supervision of the teaching
of a student teacher is required as a part of duty, the teacher shall receive
all payments made by the Student Teachers' Training Institution for such
supervision.
3.10 Overpayments
Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the teacher, the relevant
parties shall seek agreement on the matter of the overpayment, including where
necessary and appropriate, discussion between the union and relevant employer
representatives.
4. TERMS OF ENGAGEMENT
4.1 The employer shall provide a teacher
[other than a casual teacher] on appointment with a letter stating inter alia
the classification and rate of salary as at appointment, the normal teaching
load that will be required, and an outline of superannuation benefits available
to teachers at the school.
4.2 The employment of any teacher [other
than a casual teacher] shall not be terminated without at least four school
term weeks notice on either side, or the payment of, or forfeiture, of four
weeks' salary in lieu of notice.
Provided that such four weeks' notice shall expire within the school
term during which it is given and shall expire either:
(a) at the end of the said school term; or
(b) at least two weeks before the end of the
said school term.
4.3 The foregoing shall not affect the right
of the employer to dismiss summarily any teacher for incompetence,
misrepresentation, neglect of duty or other misconduct.
4.4 Upon the termination of service of a
teacher (other than a casual teacher), the employer shall provide a statement
of service setting out the length of service, the number of classes and range
of subjects taught (or the age of the children taught in the case of a teacher
employed in a pre-school), the promotions positions held and any special and/or
additional duties performed by such teacher.
4.5 Upon request, a casual teacher shall be
supplied with a statement setting out the number of days of duty undertaken by
the casual teacher during the period of the engagement, provided such request
is made during or on termination of the casual engagement.
4.6 An employer may direct a teacher to
carry out such duties as are within the limits of the teacher's skill,
competence and / or training.
5. PRO RATA ANNUAL LEAVE
PAYMENT
5.1 This clause
will apply:
(a) in lieu of the corresponding provisions
of the Annual Holidays Act 1944; and
(b) notwithstanding any other provisions in
this award.
5.2 The
provisions of this clause shall apply where:
(a) a teacher's employment ceases;
(b) a teacher commences employment after the
School Service Date;
(c) where a teacher takes approved leave
without pay; or
(d) where the hours which a teacher normally
teaches at a school have varied since the School Service Date ("a teacher
whose hours have varied"), and payments shall be made to such teachers by
application of the formula prescribed by either clause 5.3 (a) or (b), as
appropriate, and, if relevant, by the application of the provisions of clauses
5.5, 5.6 and 5.7 in combination.
5.3 (a) Calculation of Payments
Payments made pursuant to this
clause to a teacher whose hours have varied shall be calculated in accordance
with the following formula:
P = s
x c - d
b
Where:
P is the payment due.
s is the total salary paid in respect
of term weeks, or part thereof, since the anniversary of employment [or date of
employment in circumstances where a teacher has been employed by the school for
less than one year].
b is the number of term weeks, or part
thereof, in the year.
c is the number of non-term weeks, or
part thereof, in the year.
d is the salary paid in respect of
non-term weeks, or part thereof, that have occurred since the anniversary of
employment [or date of employment in circumstances where a teacher has been
employed by the school for less than one year].
(b) Payments made otherwise pursuant to this
clause shall be calculated in accordance with the following formula:
P = s
x (t x c - d)
b
Where:
P is the payment due.
s is an amount equivalent to a week's
salary [including allowances] of the teacher at the date of application of the
formula.
t is the number of term weeks, or part
thereof, worked by the teacher since the School Service Date.
b is the number of term weeks, or part
thereof, in the year.
c is the number of non-term weeks, or
part thereof, in the year.
d is the number of non-term weeks, or
part thereof, worked by the teacher since the school service date.
(c) For the purposes of this clause:
(i) "School Service Date" means
the usual commencement date of employment at a school for teachers who are to
commence teaching on the first day of the first term.
(ii) "Teacher" means any teacher
other than a casual teacher.
5.4 Termination
of Employment
A teacher shall be entitled on
termination of employment to a payment calculated in accordance with this
clause.
5.5 Teachers Who
Commence Employment After The Commencement Of The School Year
(a) A teacher who commences employment after
the usual date of commencement at a school in any school year, shall be paid
from the date the teacher commences, provided that at the end of Term IV or
final semester in that year, the teacher shall be paid an amount calculated pursuant
to subclause 5.3 and shall receive no salary or other payment other than
payment under this clause until the School Service Date or the resumption of
Term 1 or first semester in the following school year.
(b) In each succeeding year of employment,
the anniversary of appointment of the teacher for the purpose of this clause
shall be deemed to be the School Service Date.
5.6 Teachers Who
Take Approved Leave Without Pay
Where a teacher takes leave
without pay with the approval of the employer for a period which (in total)
exceeds 20 pupil days in any year, the teacher shall be paid salary calculated
in accordance with this clause as follows:
(a) If the leave without pay commences and
concludes in the same school year:
(i) subject to clause 5.6 (a) (ii) below,
the payment shall be calculated and made at the conclusion of Term IV of that
school year; and
(ii) if the leave without pay commences on
the day following the last teaching day of a term and concludes on the day
preceding the first teaching day of a term in the same year a payment shall be
calculated and made:
(A) at the commencement of the leave in
respect of that year; and
(B) at the end of Term IV in accordance with
clause 5.6 (c).
(b) If the leave without pay is to conclude
in a school year following the school year in which the leave commenced:
(i) at the commencement of the leave, a
payment shall be calculated and made in respect of the school year in which the
leave commences; and
(ii) at the end of Term IV in the school year
in which the leave concludes, a payment shall be calculated and made in respect
of that school year.
(c) The payment to be made to a teacher at
the conclusion of Term IV of a school year:
(i) pursuant to subclause 5.6 (a) (ii) (B);
(ii) or in circumstances where, with the
agreement of the employer, a teacher who has been paid pursuant to subclause
5.6 (b) (i) returns from leave during the school year in which the leave
commenced and not withstanding that as a result did not in total exceed 20
pupil days, shall be determined by:
(A) applying the formula in subclause 5.3 as
if no payment had been made to the teacher pursuant to subclause 5.6 (a) (ii)
(A) or subclause 5.6 (b) (i); and
(B) deducting from that amount the amount
paid to the teacher pursuant to subclause 5.6 (a) (ii) (A) or subclause 5.6 (b)
(i).
(d) Notwithstanding the provisions of
subclause 5.1 (a), a teacher shall not pursuant to this clause be paid an
amount in respect of a year of employment which is less than the amount to
which the teacher would otherwise be entitled under the provisions of the
Annual Holidays Act 1944, in respect of a year of employment.
(Notation):
The employers and the Union are of the unanimous view that
other than in exceptional circumstances leave without pay should preferably
commence on the day following the last teaching day of a term and conclude on
the day preceding the first teaching day of a term unless the employer has
expressly agreed to the contrary.]
5.7 Teachers
Whose Hours Have Varied
Where the hours which a teacher
normally teaches at a school have varied since the School Service Date in any
school year and the teacher's employment is to continue in the next school
year, the teacher shall be paid at the conclusion of Term IV or final semester
of that year in accordance with the formula provided in clause 5.3 (a) and
shall receive no salary or other payment other than payment under this clause
until the School Service Date or the resumption of Term 1 or the first semester
in the following school year.
6. ANNUAL HOLIDAY LOADING
6.1 Subject to clause 6.6, where a teacher
other than a casual teacher, is given and takes annual holidays commencing at
the beginning of the school summer vacation each year, the teacher shall be
paid an Annual Holiday Loading calculated in accordance with this clause.
6.2 The loading shall be payable in addition
to the pay payable to the teacher for the period of the school summer vacation.
6.3 The loading
shall be calculated:
(a) in relation to such period of a
teacher's annual holiday as is equal to the period of annual holiday to which
the teacher is entitled for the time being under the Annual Holidays Act 1944
at the end of each year of employment or where relevant.
(b) the period of annual leave calculated
under clause 6.6.
6.4 The loading shall be the amount payable
for the period specified in clause 6.3 or 6.6 at the rate of 17.5 per cent of
the weekly equivalent of the teacher's annual salary.
6.5 For the purposes of this clause,
"salary" shall mean the salary payable to the teacher at the first
day of December of the year in which the loading is payable together with,
where applicable, the allowances prescribed by clause 3.2 and 7.3, but not including
any other allowances or amount otherwise payable in addition to salary.
Provided that
where clause 6.6 applies, "salary" shall mean the salary [together
with allowances payable as aforesaid] payable immediately prior to the payment
made to the teacher pursuant to clause 5.3 (b).
6.6 Where a teacher receives a payment
pursuant to clause 5.3 (b), including the case where a teacher's employment is
terminated by the employer during the school year for a reason other than
misconduct, the teacher shall be entitled to be paid for that part of such
fraction of the annual holiday loading he or she would be entitled to for the
full school year as is equal to the fraction which the number of school weeks
worked by the teacher in that year bears to the number of school weeks he or
she would be normally required by the Principal to work in a full school year.
7. PROMOTIONS POSITIONS
7.1 Establishment
of Positions
(a) Deputy Principal
The
position of Deputy Principal must be established:
(i) where the enrolment of the whole school
exceeds 200, or
(ii) if the primary and secondary sections of
the school are located at different sites, and staff and curriculum support is
conducted separately, where the enrolment in a section exceeds 200.
Where a Deputy Principal in a
primary department with enrolments between 101 and 200 is receiving an
allowance at the rate prescribed for a primary department with enrolments
between 201 and 250 at the date of the commencement of this award, such Deputy Principal
shall continue to be paid the allowance prescribed for such a primary
department in this award while continuing to occupy that position. In such a school where a Deputy Principal is
employed, the school need not appoint a teacher to hold a Position of Special
Responsibility in accordance with clause 7.1 (b).
(b) Positions of Special Responsibility
(i) Each school may establish positions to
meet its managerial needs and determine the title of each position.
(ii) Subject to subclause 7.1 (b) (iii) and
(iv) below, a school must create the minimum number of positions of special
responsibility determined by the number of points applicable to that school as
set out in the table in subclause 7.1 (c) below.
(iii) In a secondary department a Co-ordinator
2 position must be established where the teaching hours of a programme of work
in an area of instruction or activity as determined by the school (e.g.,
subject or key learning area) exceeds 2,000 hours per annum, or where the
position has other duties (of a comparable level) as determined by the
Principal.
(iv) In determining an area of instruction, an
employer may aggregate two or more subjects to comprise an area of instruction
provided that the total hours of aggregated instruction in an area of
instruction that involves more than one subject, shall not exceed 4,000
teaching hours per annum.
(c) Positions of Special Responsibility -
Points Tables.
Subject to clause
7.5 the points applicable to a department shall be established according to the
following tables:
|
Primary Departments
|
Classes
|
Points
|
Classes
|
Points
|
Classes
|
Points
|
|
1
|
0
|
10
|
3
|
19
|
6
|
|
2
|
0
|
11
|
3
|
20
|
6
|
|
3
|
0
|
12
|
3
|
21
|
6
|
|
4
|
1
|
13
|
4
|
22
|
7
|
|
5
|
1
|
14
|
4
|
23
|
7
|
|
6
|
1
|
15
|
4
|
24
|
7
|
|
7
|
2
|
16
|
5
|
25
|
8
|
|
8
|
2
|
17
|
5
|
26
|
8
|
|
9
|
2
|
18
|
5
|
27
|
8
|
|
|
|
|
|
|
|
|
|
Secondary Departments
|
Classes
|
Points
|
Classes
|
Points
|
Classes
|
Points
|
1
|
0
|
20
|
13
|
39
|
26
|
2
|
1
|
21
|
14
|
40
|
27
|
3
|
2
|
22
|
15
|
41
|
28
|
4
|
2
|
23
|
15
|
42
|
28
|
5
|
3
|
24
|
16
|
43
|
29
|
6
|
4
|
25
|
17
|
44
|
30
|
7
|
4
|
26
|
17
|
45
|
31
|
8
|
5
|
27
|
18
|
46
|
31
|
9
|
6
|
28
|
19
|
47
|
32
|
10
|
6
|
29
|
20
|
48
|
33
|
11
|
7
|
30
|
20
|
49
|
33
|
12
|
8
|
31
|
21
|
50
|
34
|
13
|
8
|
32
|
22
|
51
|
35
|
14
|
9
|
33
|
22
|
52
|
35
|
15
|
10
|
34
|
23
|
53
|
36
|
16
|
11
|
35
|
24
|
54
|
37
|
17
|
11
|
36
|
24
|
55
|
37
|
18
|
12
|
37
|
25
|
56
|
38
|
19
|
13
|
38
|
26
|
57
|
39
|
7.2 Minimum
Number of Positions
In establishing the minimum number
of positions required to be established under clause 7.1 (b) (ii) each position
of special responsibility established by a school has a points value as
follows:
Points Value Table
Position
|
Points
|
Senior Teacher 2
|
1
|
Co-ordinator 1
|
1
|
Co-ordinator 2
|
2
|
Co-ordinator 3
|
3
|
7.3 Allowances
(a) The allowance for positions of special
responsibility applicable to these levels as set out in Part B, Table 1B, Item
1 shall be in addition to the salary applicable to the appointee, but shall be
no less than Step 9 (secondary) and Step 7 (primary).
(b) The allowance for the Deputy Principal
position as set out in Part B, Table 1B, Item 2 shall be in addition to the
salary applicable to the appointee, but that salary shall be no less than Step
9 (secondary) and Step 7 (primary).
(c) The allowance for the position of
Director in a pre-school shall be as set out in Part B, Table 1C.
7.4 Acting
Appointments
If an employer appoints a teacher
to act in a position of special responsibility or as a Deputy Principal for at
least ten consecutive school days, the employer must pay the teacher the rate
of allowance prescribed for that position.
7.5 Special
Schools
(a) The table below will apply to registered
special schools within the meaning of the Education Act 1990 or Schools for
children with disabilities instead of subclause 7.1 (c).
Special Schools:
Promotions Positions
|
Number of Teachers (FTE)
|
Promotions Points
|
0 - 3
|
0
|
4 - 8
|
1
|
9 - 12
|
2
|
13 - 14
|
3
|
15 - 17
|
4
|
17+
|
5
|
(b) The parties agree to have further
discussions on the schedule of promotions positions prior to the expiry of this
award.
7.6 Steiner
Schools
(a) The parties acknowledge that the Steiner
Schools do not appoint teachers to position of special responsibility or as
Deputy Principal.
(b) In recognition of the nature of the work
performed by teachers in the circumstances set out in clause 7.6 (a) the
schools will apply the formula below:
A = B
C
Where:
A = Amount
payable to each participant;
B = Amount
which would have been payable to teachers holding promotion positions if the
award applied;
C = The
number of teachers at the school from time to time approved by the College of
Teachers (or its administrative equivalent) as participants for the purpose of
this subclause on the basis of full-time equivalents.
7.7 Pre-Schools
The parties agree to have further
discussions about the circumstances in which the position of Director should be
established in this award.
8. MISCELLANEOUS
8.1 The normal duties of teachers shall
include playground duties, sports duties, and usual extra-curricular activities
and, in relation to teachers appointed to residential positions, the usual
residential duties.
8.2 A teacher shall be entitled to a minimum
of 30 consecutive minutes as a luncheon break during which period a teacher
shall not be required to hold meetings, supervise, teach or coach sport, team
games, cultural or academic activities.
8.3 See clause 12 Pre-School Conditions for
additional requirements and conditions of employment for teachers employed in
pre-schools.
9. UNION REPRESENTATIVES
9.1 The employer shall permit the union representative
in the school to post union notices relating to the holding of meetings on a
common room noticeboard.
9.2 The union representative shall be
permitted in working hours [other than timetabled teaching time] to interview
the employer or the Principal on union business. Such interview shall take place at a time and place convenient to
both parties.
9.3 Meetings of union members who are
employed at the school may be held on the school premises at times and places
reasonably convenient to both union members and the Principal.
10. LEAVE
10.1 Sick Leave
(a) Entitlement
Any full-time, temporary or
part-time teacher shall be entitled to paid sick leave in respect of any
absence on account of illness or injury, subject to the following conditions
and limitations:
(i) During the first year of service with
an employer the period of sick leave shall not exceed five days in any term,
but any sick leave not taken in any term may be taken during the remainder of
the said year;
Provided that the maximum sick
leave which may be taken during the first year of service shall not exceed 15
days.
And provided
further that a temporary teacher shall be entitled to sick leave in accordance
with the provisions of this paragraph, and in that proportion of 15 days
which the period of appointment of the teacher bears to the school year of the
school at which he or she is employed.
(ii) After the first year of service with an
employer, the period of sick leave shall, subject to clause 10.2, not exceed in
any year of service 22 working days on full pay, followed by 22 working days on
half pay.
(iii) A teacher shall not be entitled to sick
leave for any period in respect of which such teacher is entitled to workers'
compensation.
(iv) A teacher shall not be entitled to paid
sick leave unless he or she notifies the Principal of the school [or such other
person deputised by the Principal], prior to the commencement of the first
organised activity at the school on any day, of the nature of the illness and
of the estimated duration of the absence;
Provided that
paid sick leave shall be available if the teacher took all reasonable steps to
notify the Principal or was unable to take such steps.
(v) Other than in respect of the first two
days absence in respect of sickness in any year, a teacher shall, upon request,
provide a medical certificate addressed to the employer, or, if the employer
requires, to the school medical officer.
Notwithstanding the foregoing, the employer may require other evidence
of the sickness.
(vi) Notwithstanding the provisions of clause
10.1 (a) (i) and (ii), the sick leave entitlement of a part-time teacher shall
be in that proportion which the number of teaching hours of that teacher in a
full school week bears to the number of teaching hours which a full-time
teacher at the school is normally required to teach.
(b) Sick leave shall accumulate from year to year as follows:
(i) Untaken sick leave entitlement in the
first year of service with an employer shall not be accumulated.
(ii) Untaken sick leave in the second year of
service with an employer and thereafter of up to 20 days on full pay and 20
days on half pay per year shall be accumulated to a maximum of four years of
service;
Provided that an employee shall
only be entitled to the sick leave accumulated in the respect of the four years
of continuous service immediately preceding the current year of service.
(iii) The maximum accumulation shall not exceed
80 days on full pay and 80 days on half pay.
(iv) Accumulated sick leave days on full pay
shall be taken prior to accumulated sick leave days on half pay.
(v) Sick leave which accrues to a teacher at
the commencement of a year of service pursuant to subclause 10.1 (a) shall be
taken prior to the taking of any sick leave which the teacher has accumulated
in accordance with subclause 10.1 (b).
(vi) A part-time teacher shall accumulate sick
leave entitlements pursuant to the provisions of this subclause in that
proportion which the number of teaching hours in a full school week bears to
the number of teaching hours that a full-time teacher at the school is normally
required to teach.
10.2 Domestic
Leave
A teacher other than a casual teacher
is entitled to one day per year deducted from sick leave for moving house or
other domestic emergency leave. A
teacher shall give the Principal appropriate notice of when this leave is to be
taken.
10.3 Carers Leave
(a) Use of Sick Leave
(i) A teacher other than a casual teacher
with responsibilities in relation to a class of person set out in subclause
10.3 (a) (iii) (B) who needs the teacher’s care and support shall be entitled
to use in any year, in accordance with this subclause, ten days of his or her
current and 30 days of his or her accrued sick leave entitlement provided for
at subclause 10.1, for absences to provide care and support for such persons
when they are ill. Such leave may be
taken for part of a single day.
(ii) The teacher shall, if required by the
employer, establish, either by production of a medical certificate, statutory
declaration, written statement or other evidence, that the person concerned is
ill and requires care. In normal
circumstances, an employee shall not take carer’s leave under this clause where
another person has taken leave to care for a person referred to subclause 10.3
(iii) (B).
(iii) The entitlement to use sick leave in
accordance with this subclause is subject to:
(A) the employee being responsible for the
care and support of the person concerned; and
(B) the person concerned being:
(1) a member of the employee’s immediate
family; or
(2) a member of the employee’s household.
The
term ‘immediate family’ includes:
(aa) a spouse (including former spouse, a de
facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person,
means 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 the person; and
(bb) a child or adult child (including an
adopted child, a step child, a foster child or an ex-nuptial child), a parent (including
a foster parent or legal guardian), grandparent, grandchild or sibling of the
teacher or spouse of the teacher.
(iv) The teacher shall not be entitled to paid
carer’s leave unless he or she notifies the Principal of the school (or a
person deputised by the Principal) of the need for carer’s leave and the
estimated period of absence at the first available opportunity and, where
possible, before the first organised activity at the school on the day of
absence. The teacher will have sick
leave credits available to the extent of the leave to be taken.
(v) Notwithstanding subclause 10.3 (a), a
part-time teacher is only entitled to an amount of carer’s leave in the same
proportion the teaching hours of a part-time teacher bears to the teaching
hours which a full-time teacher at the school is normally required to teach.
(vi) Any carer’s leave taken in accordance
with this clause shall be deducted from the sick leave entitlement of the
teacher in accordance with subclause 10.1 Sick Leave.
(b) Unpaid Leave
A teacher may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in subclause 10.3
(a) (iii) who is ill.
(c) Grievance
Procedure
In the event of any dispute arising
in connection with any part of this clause, such dispute shall be processed in
accordance with the dispute settling provision of this award.
10.4 Parental
Leave
(a) Maternity Leave
(i) A teacher who takes unpaid maternity
leave under the provisions of the Industrial
Relations Act 1996 must be paid under this clause.
(ii) The amount of paid leave for a teacher
who takes leave after 29th January 2001 shall be nine weeks.
(iii) The teacher must be paid at the rate the teacher
was paid at the time of commencing leave.
(iv) The teacher must be paid:
(A) at
the usual times and intervals that other teachers are paid at the
school, or
(B) if the teacher asks two weeks in advance
and the school agrees, in a lump sum.
(v) The employer must pay the first or lump
sum payments at the pay period commencing closest to;
(A) six weeks before the anticipated date of
birth, or
(B) if birth occurs before the time referred
to in (a), the date of the birth; or
(C) if the teacher has not commenced
maternity leave at the time referred to in (A), when the teacher commences
leave.
(vi) If a teacher's pregnancy is terminated
other than by the birth of a living child:
(A) more than 20 weeks before the anticipated
date of birth the teacher is not entitled to the payment;
(B) less than 20 weeks before the anticipated
date of birth the teacher is entitled to the payment while she remains on
leave.
(vii) The period of maternity leave will not
count as a period of service under this award or any statute.
(viii) Except as varied by this provision, Part 4
of Chapter 4 of the Industrial Relations
Act 1996 shall apply.
(Notation):
(i) Where possible maternity leave should
preferably commence on the day following the last teaching day of a term and
conclude on the day preceding the first teaching day of a term. However this does not diminish the right of
a teacher to proceed on leave on the date she nominates in accordance with the Industrial Relations Act 1996.
(ii) In order to facilitate the desirable
practice referred to in (i) above, the employers are prepared to extend the
time of maternity leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, should
the employee agree to return from maternity leave at the commencement of the
term immediately following the maximum period of leave required to be afforded
by that Act.
(b) Paternity
Leave
A teacher shall be entitled to one
day's leave with pay on the date of his wife's confinement or on the day on
which his wife leaves hospital following her confinement.
(c) Adoption
Leave
A teacher shall be entitled to
nine weeks paid leave for the purpose of adopting any child providing the leave
is taken after 29th January 2001 and before the child reaches full-time
enrolment age.
10.5 Long Service
Leave
(a) Applicability of Long Service Leave Act 1955
Except in so far as expressly
varied by the provisions of this clause, the provisions of the Long Service Leave Act 1955, shall apply
to teachers employed under this award.
(b) Quantum of Leave
Subject to
subclause 10.5 (c) the amount of long service leave to which a teacher shall be
entitled shall:
(i) In the case of a teacher who has
completed at least ten years service with the same employer be:
(A) in respect of ten years service so
completed 13 weeks; and
(B) in respect of each additional five years
of service with the employer since the teacher last became entitled to long
service leave, 10 weeks; and
(C) on the termination of the teacher's
employment, in respect of completed service with the employer since the teacher
last became entitled to an amount of long service leave, a proportionate amount
on the basis of two weeks for one year's service.
(ii) In the case of a teacher who has
completed with an employer five years service, and whose services are
terminated by the employer for any reason other than misconduct or cease for
any other reason, be a proportionate amount on the basis of 13 weeks for ten
years service (such service to include service with the employer as an adult
and otherwise than as an adult).
(c) Calculation of Entitlement
(i) Teachers employed in a school
In the case of a teacher whose
service with an employer began before 1 July 2001, and whose service would
entitle the teacher to long service leave under this clause, the amount of long
service leave to which such teacher shall be entitled shall be the sum of the
following amounts.
(A) The amount calculated on the basis of the
provisions of the Long Service Leave Act
1955 in respect of the period of service before 1 August 1985; and
(B) An amount calculated on the basis of the
provisions of clause 12 Long Service Leave of the Teachers (Non-Government
Schools) (State) Award published 10 May 1996 (292 I.G. 651) in respect of the
period from 1 August 1985 to 30 April 1995; and
(C) An amount calculated on the basis of the
provisions of clause 12 Long Service Leave of the Teachers (Independent
Schools) (State) Award* effective from 1 May 1997 until 28 January, 2001.
(D) An amount calculated on the basis of the
provisions of clause 10.5 (b) Long Service Leave of the Teachers (Independent
Schools) (State) Award effective from 29 January 2001 until 31 December 2004.
(E) The above periods of calculation are
listed in the table below:
Calculation of
Entitlement
|
Teachers employed
in a School
|
Prior to 31st July 1985
|
866 weeks per year.
|
1st August, 1985 to 30th April, 1995
|
1.05 weeks per year up to 10 years service.
|
|
1.5 weeks per year, or proportion of a year, after 10
years service
|
1st May, 1995 to 28th January, 2001
|
1.05 weeks per year up to 10 years service.
|
|
2 weeks per year, or proportion of a year, after
|
|
10 years service.
|
On or after the 29th January, 2001
|
1.3 weeks per year up to 10 years service
|
|
2 weeks per year, or proportion of a year, after
|
|
10 years service
|
(ii) Teachers Employed in a Pre-School
Teachers
employed in a Pre-School see clause 10.5 (h).
(d) Conditions of Taking Leave
(i) Where a teacher has become entitled to
long service leave in respect of the teacher's service with an employer, the
employer shall give to the teacher and the teacher shall take the leave as soon
as practicable having regard to the needs of the employer provided always that
unless the employer otherwise agrees the teacher shall give not less than two
school terms notice of the teacher's wish to take leave and further provided
that the employer shall give the teacher not less than two school terms' notice
of any requirement that such leave be taken.
(ii) Where long service leave is taken so
that it commences on the first day after a period of pupil vacation, which
falls between school terms, and concludes on the last day prior to a period of
pupil vacation which falls between school terms, such long service leave shall
be exclusive of the pupil vacation periods occurring prior to and following the
period of long service leave.
(iii) Where a teacher requests and is granted
up to one week's leave without pay to be taken in addition to long service
leave such that the total period of leave is in accordance with clause 10.5 (h)
the conditions of that clause shall apply, provided nothing in this paragraph
shall affect the provisions of subclause 5.7.
(iv) Where long service leave is not taken in
full term periods or in accordance with clause 10.5 (c) it will be inclusive of
pupil vacations.
(v) Where a teacher is entitled to an amount
of long service leave which is in excess of a school term the teacher may elect
not to take that part of the long service leave which is in excess of a term
(the deferred leave), until such time as the teacher accumulates further
entitlements which when taken together with the deferred leave enables long
service leave to be taken for a whole term.
(e) Subject to the provisions of this
clause, any long service leave shall be inclusive of any public holidays and
other pupil vacation periods falling within the period of such leave.
(f) The service of a teacher with an
employer shall be deemed continuous notwithstanding the service has been
interrupted by reason of the teacher taking maternity leave (including paid and
unpaid leave in accordance with subclause 10.4 Parental Leave) or other
approved leave without pay but the period during which the service is so
interrupted shall not be taken into account in calculating the period of
service.
(g) Payment in Lieu of Long Service Leave
(i) Where a teacher takes long service
leave for an entire school term, the teacher may request and the employer may
agree that, in addition to the long service leave, the teacher be paid an
amount in lieu of any additional long service leave accumulated by the teacher,
prior to the commencement of the long service leave.
(ii) The payment made by the employer in lieu
of long service leave in clause 10.5 (g) (i) will not exceed five weeks’
salary.
(iii) Any payment in clause 10.5 (g) (ii) of
this subclause will be paid by the employer upon the commencement of the
teacher’s long service leave, unless otherwise agreed between the teacher and
the employer.
(iv) Where a payment in lieu of long service leave
is paid by the employer in accordance with this subclause, a teacher’s
entitlements to long service leave will be reduced by the extent of such
payment.
(h) Quantum of leave and Calculation of
Entitlement for Teachers Employed in a Pre-School
The amount of long service leave
to which a teacher employed in a pre-school shall be entitled is as follows:
(i) An amount calculated on the basis of
the Long Service Leave Act in respect
of the period of service before 1 January, 1998 and
(ii) After 1 January 1998, in the case of a
pre-school teacher who has completed at least ten years of service with the
same employer be in respect of ten years of service so completed 10.5 weeks.
(iii) For the period from 1 January 1998 to 31
December 1998, a pre-school teacher who has completed ten years service at 1
January 1998, shall accrue leave on the basis of 1.05 weeks per annum.
(iv) For the period from 29th January, 2001, a
pre-school teacher who has completed ten years service at 29th January, 2001,
shall accrue leave on the basis of 1.3 weeks per annum.
(v) Subject to subclauses 10.5 (h) (i),
(ii), (iii) and (iv), after 1 January 1999, in respect of each additional seven
years of service with the employer since the teacher last became entitled to
long service leave, 10.5 weeks.
(vi) In the case of a teacher who has
completed with an employer five years of service as an adult as of 1 May, 1997
and whose services are terminated by the employer for any reason other than
misconduct or cease for any other reason, be a proportionate amount on the
basis of clause 10.5 (h) (i) for service before 1 January 1998 and subclause
10.5 (h) (ii) and (iii) for service after 1 January 1998 and subclause 10.5 (h)
(iv) for service after 29th January, 2001.
Calculation of
Entitlement
Teachers employed
in a Pre-School
|
Prior to 31st December 1997
|
.866 weeks per year.
|
1st January, 1998 to 31 December, 1998
|
1.05 weeks per year.
|
1st January, 1999 to 28th January, 2001
|
1.05 weeks per year up to 10 years service.
|
|
1.5 weeks per year, or proportion of a year, after 10
years service
|
On or after the 29th January, 2001
|
1.3 weeks per year up to 10 years service
|
|
1.5 weeks per year, or proportion of a year, after 10
years service
|
10.6 Bereavement
Leave
A teacher shall on the death of a
spouse, father, mother, father-in-law, mother-in-law, grand parent, brother,
sister, child, stepchild or grandchild of the teacher be entitled to paid leave
up to and including the day of the funeral of such relative. Such leave shall not exceed three school
days.
A teacher
may be required to provide the employer with satisfactory evidence of such
death.
Bereavement leave shall be
available to the teacher in respect of the death of a member of the employee’s
immediate family or household, as defined in subclause 10.3.
A teacher shall
not be entitled to bereavement leave under this subclause during any period in
respect of which the teacher has been granted other leave.
Bereavement
leave may be taken in conjunction with leave available under clause 10.3
(b). In determining such a request the
employer will give consideration to the circumstances of the teacher and the
reasonable operational requirements of the school.
10.7 Military
Reserve Leave
A teacher who is a member of the
Australian Military Reserve or other Australian military forces shall be
granted unpaid leave for the purpose of attending any compulsory camp or
posting.
10.8 Examination/Study
Leave
Any teacher who for the purpose of
furthering teacher training, enrols in any course at a recognised University or
recognised teacher training institution, shall be granted leave:
(a) with pay on the day of any examination
required in the course;
(b) without pay for the purpose of attending
any compulsory residential school which is a part of such course.
11. TEACHER SKILL DEVELOPMENT
11.1 Induction
A teacher in his or her first year
of experience shall participate in an induction process of one year's duration,
provided that in certain circumstances the teacher and the employer may agree
that the teacher should participate in the induction process for a further
year.
The induction
process shall be determined by the employer or the Principal in consultation
with the teacher to assist the teacher's professional development which shall
be reviewed regularly throughout the year.
The employer
shall provide a written statement to the teacher not later than four weeks
before the end of the school year outlining the teacher's progress and
development. Such statement may form
part of a teacher's portfolio pursuant to subclause 11.2.
11.2 A teacher may request and be given from
time to time by the employer or the Principal appropriate documentation as
evidence of the teacher's professional development and experience. These documents may, if the teacher wishes,
form a portfolio, which shall remain the property of the teacher.
11.3 Where the employer considers that a
problem exists in relation to the teacher's performance the employer shall not
use any agreed teacher development process in substitution for, or as
alternative to, in whole or in part, procedures which apply to the handling of
such problems.
11.4 A teacher returning to teaching after an
absence of five or more years shall be offered support through an induction
process as provided for in clause 11.1 with appropriate modification and shall
be expected to participate as appropriate.
12. PRE-SCHOOL CONDITIONS
12.1 Previous
Award Classification
Teachers employed immediately
prior to the date of making this award shall be deemed to be classified under
this award at a level not less than that which applied under the previous award
and shall be deemed to have years of service as at the date of making this
award calculated in accordance with the provisions of the previous award.
12.2 Calculation
of Other Service for Pre-School Teachers
See clause
3.3 (b).
12.3 Directors
A director
appointed as authorised supervisor of a pre-school shall be paid the allowance
specified in subclause 7.3(c). The
parties agree to have further discussion concerning the obligation to appoint a
director (in the case where there is no authorised supervisor).
12.4 Long Service
Leave
See clause
10.5 (h).
12.5 Miscellaneous
(a) Crib Break
Not more than 30
minutes nor less than 20 minutes shall be allowed to teachers each day for a
midday crib break. Such crib break
shall be counted as time worked.
Provided however
that a teacher may, by agreement with the employer, leave the premises during
the crib break. Where such reasonable
request has been made by the teacher, the employer shall give favourable
consideration to any such request. Such
time away from the premises shall not count as time worked.
(b) First-aid Certificate
(i) Teachers shall be required to obtain
and maintain an approved first aid certificate.
(ii) Teachers employed in Pre-Schools will
attend such first aid courses in the teacher’s own time.
(c) Superannuation
See Clause 17
for the choice of funds for Pre-School teachers.
(d) Terms of Engagement and Information to
be Provided to Teachers.
(NB
- also see clause 4.)
The days of
attendance of a part-time teacher may be varied at the commencement of each
calendar year or by mutual agreement between the teacher and the employer with
four term weeks notice. The normal
hours of a part-time teacher shall not be varied without agreement. Agreement
will not be unreasonably withheld.
13. REMUNERATION PACKAGE
13.1 This clause shall apply to those
individual schools wishing to facilitate the provision of salary and benefit
packages to individual members of staff covered by this award.
13.2 For the
purposes of this clause:
(a) ‘Benefits’ means the benefits nominated
by the teacher from the benefits provided by the school and listed in clause
13.4 (c).
(b) ‘Benefit Value’ means the amount
specified by the school as the cost to the school of the Benefit provided
including Fringe Benefit Tax, if any.
(c) ‘Fringe Benefit Tax’ means tax imposed
by the Fringe Benefits Tax Act 1986.
13.3 Conditions of
Employment
Except as
provided by this clause, teachers must be employed at a salary based on a rate
of pay, and otherwise on terms and conditions, not less than those prescribed
by this award.
13.4 Salary
Packaging
The school
may offer to provide and the teacher may agree in writing to accept:
(a) the Benefits nominated by the teacher;
and
(b) a salary equal to the difference between
the Benefit Value and the salary which would have applied to the teacher or
under clause 13.3, in the absence of an agreement under this clause.
(c) The available Benefits are those made
available by the school from the following list:
(i) superannuation;
(ii) childcare provided by the school;
(iii) other benefits offered by the school.
(d) The school must advise the teacher in
writing of the Benefit Value before the agreement is entered into.
13.5 During the
currency of an agreement under clause 13.4.
(a) any teacher who takes paid leave on full
pay shall receive the Benefits and salary referred to in clause 13.4 (a) and
(b).
(b) if a teacher takes leave without pay the
teacher will not be entitled to any Benefits during the period of leave
(c) if a teacher takes leave on less than
full pay he or she shall receive:
(i) the Benefits; and
(ii) an amount of salary calculated by
applying the formula:
A
= S x P% - [(100% - P%) x B]
where:
S
= the salary determined by clause 13.4 (b).
P
= the percentage of salary payable during the leave
B
= Benefit Value
A
= Amount of salary.
(d) any other payment under this award,
calculated by reference to the teacher's salary, however described, and payable:
(i) during employment; or
(ii) on termination of employment in respect
of untaken paid leave; or
(iii) on death,
shall be at the
rate of pay which would have applied to the teacher under clause 13.3, in the
absence of an agreement under clause 13.4 (a) and (b).
14. SUSPENSION
Notwithstanding any of the provisions in this award, an
employer may suspend a teacher with or without pay while considering any matter
which in the view of the employer could lead to the teacher's summary
dismissal. Suspension without pay shall
not be implemented by the employer without prior discussion with the teacher
and shall not, except with the teacher's consent, exceed a period of four
weeks.
15. DISPUTES PROCEDURE
15.1 Subject to the provisions of the Industrial Relations Act 1996, all
grievances, claims or disputes shall be dealt with in the following manner so
as to ensure the orderly settlement of the matters in question.
15.2 Any grievance or dispute, which arises, shall,
where possible, be settled by discussion between the staff member and the
Principal or his/her nominee in accordance with any procedures that have been
adopted by the school.
15.3 If no agreement is reached and if the
staff member seeks assistance from the IEU or another person, the matter will
be referred to the AIS by the IEU or that person and shall be dealt with in
accordance with the AIS / IEU agreement (see Attachment A).
15.4 Should the matter not be resolved, it may
be referred by either party to the Industrial Relations Commission of New South
Wales for settlement.
16. NO EXTRA CLAIMS
It is a term of this award that the union undertakes not to
pursue any extra claims, award of over award, until 31 August 2004.
17. SUPERANNUATION
17.1 Definitions
For the
purposes of this clause:
(a) "Basic earnings" shall mean:
(i) the minimum annual rate of salary
prescribed from time to time for the employee by clauses 3.1 and 3.5; and
(ii) the amount of any allowance which is
prescribed from time to time for the employee by clauses 3.2 and clause 7.3;
and
(iii) the amount of any payment made to the
employee pursuant to clause 5.
(b) "Employee" means a teacher to
whom this award applies.
(c) "Employer" means the employer
of a teacher to whom this award applies.
(d) "Fund" means:
(i) the New South Wales Non-Government
Schools Superannuation Fund; or
(ii) HESTA - Health Employees Superannuation
Trust Australia; and
(iii) any other superannuation fund approved in
accordance with the Commonwealth operational standards for occupational
superannuation funds which the employee is eligible to join and which is
approved by the employer as a fund into which an employee of that employer may
elect to have the employer pay contributions made pursuant to this award in
respect of that employee.
(e) "Casual" means a casual
employee as defined in clause 2 Definitions.
17.2 Fund
(a) The New South Wales Non-Government Schools
Superannuation Fund shall be made available by each employer to each employee.
(b) In the case of a teacher employed in a
pre-school, the employer shall make available both HESTA and the New South
Wales Non-government Schools Superannuation Fund.
17.3 Benefits
(a) Except as provided in subclause 17.3
(b), (d), (e) and (g), each employer shall, in respect of each employee
employed by it, pay contributions into a fund to which the employee is eligible
to belong; and, if the employee is eligible to belong to more than one fund,
the fund nominated by the employee, at the rate of three per cent of the
employee’s basic earnings.
(b) Where an employee is absent on sick
leave and only entitled pursuant to the provisions of this award to receive
payment for such sick leave at half pay, the employers' contributions pursuant
to this award in respect of that employee during the period of such sick leave
shall be reduced to three per cent of the half pay to which the employee is
entitled.
(c) Subject to subclause 17.3 (g),
contributions shall be paid at intervals and in accordance with the procedures
and subject to the requirements prescribed by the relevant fund or as trustees
of the fund may reasonably determine.
(d) An employer shall not be required to make
contributions pursuant to this award in respect of an employee in respect of a
period when that employee is absent from his or her employment without pay.
(e) Contributions shall commence to be paid:
(i) in the case of an employee who was
employed at 1 July 1988, from the beginning of the first pay period commencing
on or after 1 July 1988; and
(ii) in the case of an employee employed
after 1 July 1988, from the beginning of the first pay period commencing on or
after the employee's date of engagement.
Provided that if
the employee had not applied to join a fund within six weeks of 1 July 1988 (in
the case of an employee employed at 1 July 1988), or within six weeks of the
employee's date of engagement (in the case of an employee who is employed after
1 July 1988), the employer shall commence to pay contributions from the
beginning of the next pay period commencing on or after the date on which the
employee applies to join a fund.
(f) The employee shall advise the employer
in writing of the employee's application to join a fund pursuant to this award.
(g) An employer shall make contributions
pursuant to this award in respect of:
(i) casual employees who earn in excess of $1,437.00
during their employment with that employer in the course of any year, running
from 1 July to the following 30 June (all such casual employees are hereinafter
called "qualified employees"); and
(ii) qualified employees in each ensuing year
of employment with that employer.
Such contributions shall be made
in respect of all days worked by the employee for the employer during that year
and shall be paid by the employer to the relevant fund at the time of issue to
the employee of his or her annual group certificate, provided that prior to the
immediately preceding 30 June the employee has applied to join a fund.
(h) Where an employer approves a fund, other
than the Non-Government Schools Superannuation Fund, as one to which the
employer will pay contributions in respect of its employees or a class or
classes such employees, the employer shall notify its employees of such
approval and shall, if an employee so requests, provide the employee with a
copy of the Trust Deed of such fund and of a letter from the Insurance and
Superannuation Commissioner, granting interim or final listing to the fund, at
a cost of 80 cents per page of such copies.
(i) When a new employee commences in
employment, the employer shall advise the employee in writing of the employee's
entitlements under this award within two weeks of the date of commencement of
employment and also of the provisions of clause 17.3 (e) in the case of a
full-time employee and clause 17.3 (g) in the case of a casual employee.
17.4 Transfers
between Funds
If an employee is eligible to
belong to more than one fund, the employee shall be entitled to notify the
employer that the employee wishes the employer to pay contributions in respect
of the employee to a new fund but shall not be entitled to do so within three
years after the notification made by the employee pursuant to clause 17.3 (f)
or within three years after the last notification made by the employee pursuant
to this clause. The employer shall only
be obliged to make such contributions to the new fund where the employer has
been advised in writing:
(a) of the employee's application to join
the other fund; and
(b) that the employee has notified the
trustees of the employee's former fund that the employee no longer wishes the
contributions which are paid on the employee's behalf to be paid to that fund.
18. ANTI-DISCRIMINATION
(a) 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
responsibility as a carer.
(b) It follows that in fulfilling their obligations
under the dispute resolution procedure prescribed in this award the parties
have obligations to ensure that the operation of the provisions of this award
are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its term of operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee who has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to effect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation
(ii) any act or practice of a body
established to propagate religion which is exempted under section 56 (d) of the
Anti-Discrimination Act 1977;
(iii) a party to this award from pursing matters of unlawful
discrimination.
(e) 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.
(i) Employers and employees may also be subject to Commonwealth
Anti-Discrimination legislation.
(ii) Section 56 (d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects
any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
19. AREA, INCIDENCE AND
DURATION
19.1 This award rescinds and replaces the
Teachers (Independent Schools) (State) Award published 20 March 1998 (303 I.G.
1104), and all variations thereof.
19.2 It shall apply to all teachers and
teacher/librarians employed in any recognised independent school or special
school registered under the provisions of the Education Act 1990 in the State,
including the independent schools listed below:
Chevalier College
|
Kincoppal Rose Bay
|
Loreto Convent Kirribilli
|
Loreto College
|
Monte Sant Angelo College
|
Rosebank College
|
Stella Maris College
|
St Aloysius College
|
St Ignatius College
|
St Mary Star of the Sea College
|
St Stanislaus College
|
St Vincents College
|
but excluding all Catholic schools not listed in this
sub-clause. It shall also apply to
teachers employed in a pre-school attached to or operated by an independent
school covered by this award.
Provided
further that the award shall not apply to the following persons:
(a) Teachers of music or other individual
arts who are remunerated on an individual fee basis; and
(b) Members of a recognised religious order
and/or Clerks in Holy Orders, and/or Ministers of Religion [including a
Minister/Teacher or a Missionary/Teacher who is a member of the Seventh Day
Adventist Church and who teaches in a school operated by a local Conference of
the Australasian Division of the Seventh Day Adventist Church), provided that
application may be made on behalf of any such member to be included within the
scope of this award;
(c) Employees of all city, municipal, shire
and county schools;
(d) Employees within the jurisdiction of the
Independent Schools and Colleges, General Staff &c. (State) Industrial
Committee and the Kindergartens &c. (State) Industrial Committee;
(e) Persons employed in kindergartens,
nursery schools or other pre-school centres licensed as child care centres
under the Children (Care and Protection)
Act 1987 other than such establishments attached to or operated by an
independent school covered by this award.
19.3 It shall take effect from 1 July 2001
(provided that the increases in rates of pay and allowances shall be paid from
the beginning of the first full pay period to commence on or after 1 July 2001)
and shall remain in force thereafter until 31 August 2004.
PART B
MONETARY RATES
Table 1A -Wage Rates
Step
|
Annual Salary from
the first full pay period on or after
1 July 2001
$
|
Annual Salary from
the first full pay period on or after
1 July 2002
$
|
(OOPS)
One off payment to
be paid on
1 Sept. 2002
$
|
Annual Salary from
the first full pay period
on or after
1 Feb. 2003
$
|
(OOPS)
One off payment to
be paid on
1 Sept. 2003
$
|
Annual Salary from
the first full pay period
on or after
1 Feb. 2004
$
|
1
|
31,162
|
32,097
|
401
|
33,381
|
417
|
34,382
|
2
|
33,184
|
34,180
|
427
|
35,547
|
444
|
36,613
|
3
|
35,394
|
36,456
|
456
|
37,914
|
474
|
39,051
|
4
|
37,228
|
38,345
|
479
|
39,879
|
498
|
41,075
|
5
|
39,250
|
40,428
|
505
|
42,045
|
526
|
43,306
|
6
|
41,275
|
42,513
|
531
|
44,214
|
553
|
45,540
|
7
|
43,294
|
44,593
|
557
|
46,377
|
580
|
47,768
|
8
|
45,320
|
46,680
|
583
|
48,547
|
607
|
50,003
|
9
|
47,340
|
48,760
|
610
|
50,710
|
634
|
52,231
|
10
|
49,364
|
50,845
|
636
|
52,879
|
661
|
54,465
|
11
|
51,387
|
52,929
|
662
|
55,046
|
688
|
56,697
|
12
|
53,410
|
55,012
|
688
|
57,212
|
715
|
58,929
|
13
|
55,432
|
57,095
|
714
|
59,379
|
742
|
61,160
|
Senior Teacher Level 1
|
57,184
|
58,900
|
736
|
61,256
|
766
|
63,094
|
Table 1B - Co-ordinator and Deputy Principal Allowances
|
Annual Allowances
from the first full pay period on or after
1 July 2001
$
|
Annual
Allowances from the
first full pay period on or after
1 July 2002
$
|
Annual
Allowances from the
first full pay
period on or after
1 Feb. 2003
$
|
Annual
Allowances from the
first full pay
period on or after
1 Feb.2004
$
|
Item 1
- subclause 7.3 (a)
|
|
|
|
|
Senior Teacher Level 2
|
3,169
|
3,264
|
3,395
|
3,497
|
Co-ordinator 1
|
3,169
|
3,264
|
3,395
|
3,497
|
Co-ordinator 2
|
6,340
|
6,530
|
6,791
|
6,995
|
Co-ordinator 3
|
9,507
|
9,792
|
10,184
|
10,490
|
Item 2
- subclause 7.3 (b)
|
|
|
|
|
Deputy Principal - Secondary
|
|
|
|
|
Enrolment
|
|
|
|
|
201-300
|
14,000
|
14,420
|
14,997
|
15,447
|
301-600
|
15,750
|
16,223
|
16,872
|
17,378
|
601-900
|
17,500
|
18,025
|
18,746
|
19,308
|
901+
|
19,247
|
19,824
|
20,617
|
21,236
|
Deputy Principal - Primary
|
|
|
|
|
Enrolment
|
|
|
|
|
201-250
|
10,745
|
11,067
|
11,510
|
11,855
|
251-400
|
12,331
|
12,701
|
13,209
|
13,605
|
401-600
|
14,000
|
14,420
|
14,997
|
15,447
|
601-800
|
15,750
|
16,223
|
16,872
|
17,378
|
801+
|
17,477
|
18,001
|
18,721
|
19,283
|
Table 1C - Directors Allowances
Units
|
Annual Allowance
from the first full
pay period
on or after
1 July 2001
$
|
Annual Allowance
from the first full
pay period
on or after
1 July 2002
$
|
Annual Allowance
from the first full
pay period
on or after
1 Feb. 2003
$
|
Annual Allowance
from the first full
pay period
on or after
1 Feb. 2004
$
|
1
0-25 Children
|
3,692
|
3,803
|
3,955
|
4,074
|
2
26-50 Children
|
4,507
|
4,642
|
4,828
|
4,973
|
3
51-75 Children
|
5,626
|
5,795
|
6,027
|
6,208
|
4
76 plus Children
|
7,028
|
7,239
|
7,529
|
7,755
|
Table 2 - Other Rates and Allowances
Item
No.
|
Clause
No.ff
|
Brief
Description
|
Gross
Allowance
as at
1 July
2001
$
|
Gross
Allowance
as at
1 July
2002
$
|
Gross
Allowance
as at
1 Feb.
2003
$
|
Gross
Allowance
as at
1 Feb.
2004
$
|
1.
|
3.2(a)
|
Full-time Teacher - teaching classes of children with
disabilities
|
1,705 per annum.
65.40 per fortnight
|
1,756 per annum.
67.36 per fortnight
|
1,826 per annum.
70.04 per fortnight
|
1,881 per annum.
72.15 per fortnight
|
2.
|
3.2(a)
|
Part-time and Casual Teachers - teaching classes of
children with disabilities
|
8.37 per day
|
8.61 per day
|
8.95 per day
|
9.22 per day
|
3.
|
3.2(b)
|
Principal of school for children with disabilities for
each Teacher supervised.
|
267
|
275
|
286
|
295
|
4.
|
3.2(b)
|
Maximum payment per annum
|
1,386
|
1,427
|
1,484
|
1,531
|
5.
|
3.8(a)
|
Own Car Allowance:
Where use authorised by the school
|
0.51
per km
|
0.51
per km
|
0.51
per km
|
0.51
per km
|
Table 3 - Casual Rates (Daily, Half Daily, Pre-school Only Quarter Day)
Casual Rates applicable from Day 1, Term
2, 2001
|
Step Level
|
Full Day
|
Half Day
|
Step One
|
$155.72
|
$77.86
|
Step Two
|
$165.82
|
$82.91
|
Step Three
|
$176.87
|
$88.43
|
Step Four
|
$186.04
|
$93.02
|
Step Five
|
$196.14
|
$98.07
|
Step Six
|
$209.26
|
$103.13
|
Step Seven
|
$216.34
|
$108.17
|
Step Eight
|
$226.47
|
$113.23
|
Casual Rates applicable from 1st July,
2001
|
Step Level
|
Full Day
|
Half Day
|
Step One
|
$160.39
|
$80.20
|
Step Two
|
$170.80
|
$85.40
|
Step Three
|
$182.18
|
$91.09
|
Step Four
|
$191.61
|
$95.81
|
Step Five
|
$202.02
|
$101.01
|
Step Six
|
$212.45
|
$106.22
|
Step Seven
|
$222.84
|
$111.42
|
Step Eight
|
$233.27
|
$116.63
|
Casual Rates applicable from 1st July,
2002
|
Step Level
|
Full Day
|
Half Day
|
Step One
|
$165.21
|
$82.60
|
Step Two
|
$175.93
|
$87.96
|
Step Three
|
$187.65
|
$93.82
|
Step Four
|
$197.37
|
$98.68
|
Step Five
|
$208.09
|
$104.04
|
Step Six
|
$218.82
|
$109.41
|
Step Seven
|
$229.52
|
$114.77
|
Step Eight
|
$240.26
|
$120.13
|
Casual Rates applicable from 1st
February, 2003
|
Step Level
|
Full Day
|
Half Day
|
Step One
|
$171.81
|
$85.91
|
Step Two
|
$182.96
|
$91.49
|
Step Three
|
$195.14
|
$97.58
|
Step Four
|
$205.26
|
$102.63
|
Step Five
|
$216.41
|
$108.20
|
Step Six
|
$227.57
|
$113.79
|
Step Seven
|
$238.71
|
$119.35
|
Step Eight
|
$249.88
|
$124.94
|
Casual Rates applicable from 1st
February, 2004
|
Step Level
|
Full Day
|
Half Day
|
Step One
|
$176.97
|
$88.48
|
Step Two
|
$188.45
|
$94.23
|
Step Three
|
$201.00
|
$100.50
|
Step Four
|
$211.42
|
$105.70
|
Step Five
|
$222.89
|
$111.45
|
Step Six
|
$234.40
|
$117.20
|
Step Seven
|
$245.85
|
$122.93
|
Step Eight
|
$257.37
|
$128.69
|
ATTACHMENT A
SETTLEMENT PROCEDURE : AGREEMENT BETWEEN THE AIS AND THE IEU
1. UNDERLYING PRINCIPLES
The Association of Independent
Schools and the New South Wales Independent Education Union each has
responsibilities toward their respective members, which are recognised and
respected. The two organisations also
have a number of interests in common.
These include the recognition and acceptance of the following:
A. The quality and public perception of
Independent Schooling is of significance and both recognise that there is
mutual responsibility to protect, promote, develop and enhance this sector of
schooling in N.S.W.
B. There is mutual benefit to their
memberships in there being a working relationship between the two organisations
which is built on professional attitudes and clearly established and recognised
procedures.
C. The individuality and authority of each
Independent School, as well as the individuality and rights of each staff
member.
D. The attitudes and interests in common
include:
(i) An interest in helping to maintain a
working environment in which quality education can be provided in a manner
consistent with the School's Aims and Objectives and its philosophy.
(ii) A common view that quality education is
most likely to be provided where there is recognition, encouragement and
support for the professional attitudes rights and growth of staff members as
well as for their personal needs and developments and the industrial rights of
all parties.
E. The right of employee(s) and the
employer(s) to seek assistance and advice from their respective Associations.
2. OPERATIONAL PROCEDURES BETWEEN THE AIS
AND THE IEU
The right of each organisation to
deal with its members as it sees fit notwithstanding, it is agreed that the
following will be the general principles upon which each organisation will
approach the attempts to resolve difficulties that have not been resolved by
direct discussion between the employer and employee concerned.
A. Both organisations recognise that it is
generally preferable for perceived problems to be discussed between the staff
member and the Principal of the school concerned with a view to resolving the
matter and that it is only when the normal employer employee process does not achieve
a mutually satisfactory result that it is appropriate for the matter to be
discussed formally between the AIS and the IEU. This does not preclude earlier informal discussions where
appropriate nor does it preclude discussion between the IEU and its members in
a school as to the most appropriate method of resolving a problem.
B. The IEU undertakes to refer to the AIS
matters in which it seeks information from an Independent School or to discuss
the matters that are of concern to its members and to do this wherever possible
before encouraging school staff and IEU chapters to pass resolutions about the
matter.
C. The AIS undertakes to respond by
seeking discussions with the school to ascertain its wishes as to how (and
where necessary, through whom) it wishes to proceed in dealing with the matter
and to advise the IEU of the school's decision.
D. The steps that will then follow will be
determined to suit the particular matter but in general can be expected to be
as follows:
The
AIS and IEU will discuss the matter with a view to:
(a) identifying the facts of the matter to
ensure that it is not misunderstandings that have created the problem;
(b) clarifying the issues and wishes of each
of those involved;
(c) exploring the options that appear to be
available;
(d) where possible, assisting the parties to
arrive at a mutually satisfactory solution;
(e) nothing in the above diminishes the
right of either party to refer any matter to the Industrial Relations
Commission.
E. As a general rule the school, the
employee, the AIS and the IEU will maintain confidentiality to ensure that the
dignity of the employee, the school and its personnel are maintained wherever
possible.
The AIS and IEU will, where deemed
advisable, prepare sufficient documents to confirm the agreement and assist in
its implementation.
ATTACHMENT B
TEACHER/LIBRARIANS
1. "Teacher/librarian - Class
A" means an academically trained teacher or librarian employed mainly as a
librarian but whose duties may include teaching as required.
"Teacher/librarian - Class
B" means a person other than a teacher/librarian, Class A, employed mainly
as a librarian but whose duties may include teaching as required.
2. Without limiting the ordinary meaning
of either of the above definitions, a teacher/librarian shall perform duties,
as required, in accordance with the general outline of duties of
teacher/librarians set out hereafter.
3. A teacher/librarian may be employed as
a full-time teacher, a temporary teacher, a part-time teacher, or a casual
teacher and whichever one of these categories is applicable to a particular
teacher/librarian shall, for the purpose of this award, be referred to as the
temporal nature of that employee's employment.
4. A Teacher/librarian
- Class A may be classified as:
(a) a One Year Trained Teacher; or
(b) a Two Years Trained Teacher; or
(c) a Three Years Trained Teacher; or
(d) a Four Years Trained Teacher; or
(e) a Five Years Trained Teacher; or
(f) a Conditionally Classified Two Years or
Three Years Trained Teacher; or
(g) a Conditionally Classified Four Years
Trained Teacher;
and whichever one of these
categories is applicable to a particular teacher/librarian -Class A, shall
for the purposes of this award, be referred to as the teaching status of that
employee.
5. (a) A
Teacher/librarian - Class A, shall be paid according to teaching status and the
temporal nature of the teacher's employment, respectively, the relevant salary
prescribed by clause 3.
(b) A Teacher/librarian - Class B, shall be
paid, according to the temporal nature of the teacher's employment the relevant
salary prescribed for Teacher Not Otherwise Classified by clause 3.1 (g).
6. The General
Outline of Duties of Teacher/librarians
The integration of the library as
a learning laboratory into the teaching programme requires that the librarian
act as a teacher, a curriculum consultant and a materials specialist.
(a) Educational Programme
(i) A teacher/librarian shall have a
general professional involvement in the school's teaching and learning
programme by:
(A) participation in curricula development
and revision;
(B) assisting individual teachers in
curriculum planning;
(C) evaluating the suitability of facilities,
equipment, materials and services with regard to learning outcomes;
(D) establishing a basic library policy in
consultation with Principal and staff;
(E) being responsible for conduct and
discipline of pupils while in the library.
(ii) A teacher/librarian shall exercise
initiative in improving methods of teaching and learning by:
(A) developing new uses for materials and
equipment;
(B) working with teachers to design
innovations in teaching and learning;
(C) participation in in-service programmes.
(iii) A teacher/librarian shall ensure that
students and staff learn the necessary skills to locate, select and use
efficiently library materials and equipment by:
(A) co-ordinating library activities with
school instructional programmes and introducing materials of special interest;
(B) planning a sequential programme of
library instruction with teaching staff;
(C) giving incidental instruction in library
skills;
(D) co-operating with staff to assist
students to develop competency in reading, listening and viewing skills;
(E) designing and implementing with the
teaching staff a programme to develop student learning skills.
(iv) A teacher/librarian shall be responsive to
user demand by performing general reference and advisory user services.
(v) A teacher/librarian shall stimulate user
demand by:
(A) assisting in developing and directing
individual reading, listening and viewing guidance programmes;
(B) promoting and publicising within the
school the services of the library and the resources of the community outside
the library.
(vi) A teacher/librarian shall maintain a
continuing interest in educational research by:
(A) disseminating research findings;
(B) seeking, when appropriate, staff
assistance to implement relevant findings within the school;
(C) undertaking research.
(b) Provision of Materials, Equipment and
Technical Services
(i) A teacher/librarian shall perform the
selection duties of:
(A) determining and keeping under constant review
materials selection policy;
(B) enlisting staff participation in
evaluation and selecting materials;
(C) providing selection aids for finding new
materials;
(D) participating in a variety of activities
designed to acquire knowledge of new materials;
(E) evaluating and selecting print and
non-print materials.
(ii) A teacher/librarian shall perform the
acquisition duties of:
(A) establishing ordering policies;
(B) establishing acquisition policies;
(C) establishing an integrated and balanced
acquisition of stock.
(iii) A teacher/librarian shall perform the
production duties of:
(A) initiating the production of materials
and equipment for teaching and learning situations;
(B) initiating the adaption of commercial materials
and equipment to meet special needs.
(iv) A teacher/librarian shall perform the
organisational duties of:
(A) establishing cataloguing and
classification procedures;
(B) establishing processing procedures;
(C) establishing procedures for circulation
of materials;
(D) establishing procedures for maintenance,
repairs and culling of materials.
(c) Administrative Role
A
teacher/librarian shall perform the administrative duties of:
(i) preparing and administering the library
budget;
(ii) selecting [when required by the
Principal], training and supervising library staff;
(iii) scheduling and evaluating the work of the
library staff;
(iv) devising systems for the acquisition,
organisation, circulation, maintenance of materials and equipment;
(v) preparing work manuals outlining
appropriate technical procedures;
(vi) maintaining statistical records which will
support the evaluation of library organisation and services;
(vii) submitting reports to administration;
(viii) establishing communication with central
administrative offices;
(ix) organising and keeping under constant
review the arrangement of library space and furniture;
(x) participating in the preparation of the
educational specifications of the planning of library facilities.
(d) Other Professional Duties
A teacher/librarian shall perform
such teaching and/or other professional duties as may be required from time to
time by the Principal.
(e) Accountability
A
teacher/librarian shall be accountable to the Principal for the proper use of
the library and its services.
T. M. KAVANAGH J.
________________________
Printed by the authority of the Industrial Registrar.