Crown Employees (Board of Studies, Teaching and
Educational Standards - Education Officers) Salaries and Conditions Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Board of Studies, Teaching and Educational Standards.
(No. IRC 242 of 2014)
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Before Commissioner Tabbaa
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8 April 2014
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AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Definitions
3. Salaries
3A. Deduction
of Union Membership Fees
4. Salary
Packaging
5. Salary
Sacrifice to Superannuation
6. Conditions
Fixed by Other Awards
7. Appointment
and Mobility Provisions
8. Flexible
Work Arrangements
9. Work
Outside the Ordinary Hours of Work
10. Consultation
11. Training
and Development
12. Performance
Appraisal
13. Technology
14. Dispute
Resolution Procedures for the Parties
15. Duties as
Directed
16. Personal/Carer's
Leave
17. Occupational
Health and Safety
18. Anti-Discrimination
19. No Further
Claims
20. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
1. This Award
shall be known as the Crown Employees (Board of Studies, Teaching and
Educational Standards - Education Officers) Salaries and Conditions Award 2014.
2. Definitions
2.1 "Aboriginal
Education Consultative Group" means a branch of the Board of Studies, Teaching and Educational
Standards providing secretariat support to the independent, community based
incorporated organisation, Aboriginal Education Consultative Group Inc., formed
to provide advice and guidance to the Minster for Education on the direction of
Aboriginal education in New South Wales.
2.2 "Act"
means the Government Sector Employment Act 2013 and the Government Sector
Employment Regulation 2014.
2.3 "Banked
Time" means the amount of time by which Flextime is reduced by one or more
days at the end of a settlement period for the purpose of being recredited to
the officer to cover approved absences from work in future settlement periods.
2.4 "Board"
means the Board of Studies, Teaching and Educational Standards NSW.
2.5 "Chief
Education Officer" means a salary classification that includes, but is not
restricted to, Board Inspectors; President, Aboriginal Education Consultative Group;
Chief Project Officers; Chief Curriculum Officers, and any successor performing
the same role.
2.6 "Chief
Executive" means the person holding or acting in the office of the Chief
Executive of the Board of Studies, Teaching and Educational Standards. Reference to the Chief Executive may from
time to time refer to his/her delegate, meaning a person delegated by the Chief
Executive to perform functions associated with the office
2.7 "Coretime"
means the period during the day when an officer may be required to be on duty
that is 9.30 am to 3.30 pm.
2.8 "Education
Officer" means a salary classification for jobs and any successor
performing the role within the Aboriginal Education Consultative Group.
2.9 "Employed"
or "employment" means when an Officer is permanently appointed, on
secondment, temporarily employed or temporarily appointed by the the Board of Studies, Teaching and
Educational Standards.
2.10 "Excess
hours" shall mean all time on weekends or public holidays and all hours
before or after the bandwidth hours specified at clause 8.5 necessarily
occupied by direction of, or on their own initiative with the approval of, the
Chief Executive in the performance of
work which from its character or from special circumstances cannot be performed
during the applicable bandwidth hours applying at the Officer's headquarters.
Provided that excess hours for Officers for whom usual office hours are not
fixed or for Officers engaged in field work shall mean all such time on any day
in excess of their bandwidth hours of work per week divided by five.
2.11 "Federation"
means the New South Wales Teachers Federation.
2.12 "Field
Officer" means a Board of Studies Liaison Officer.
2.13 "Flextime"
is the hours accrued under flexible work arrangements in a settlement period
which may be carried forward to the next settlement period, unless accrued as
Banked Time.
2.14 "Flex
Leave" means Flextime carried forward or already accrued in a settlement
period and then used to cover approved absences from work during the same
settlement period.
2.15 "General
Secretary" means the General Secretary of the New South Wales Teacher's
Federation.
2.16 "Headquarters"
means the administrative centre where the major part of the Officer's work is
performed, where the Officer normally reports or the office to which the
Officer is attached.
2.17 "Industrial
instrument" means an award, an enterprise agreement, a public sector
industrial agreement, a former industrial agreement, a contract determination
or a contract agreement.
2.18 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the New South Wales Industrial Relations Act
1996.
2.19 "Officer"
or "Officers" means a person or all persons who is/are employed by or
in the Board of Studies, Teaching and
Educational Standards in the salary classifications of Chief Education Officer;
Principal Education Officer; Senior Education Officer, Grade 1; Senior
Education Officer, Grade 2; or Education Officer.
2.20 "Parties"
means the Board of Studies, Teaching and Educational Standards, the New South
Wales Teachers Federation and the Director of Public Employment.
2.21 "Permanently
appointed" means appointed to a permanent position pursuant to sections
17-23 of the Act.
2.22 "Principal
Education Officer" means a job classification that includes, but is not
restricted to Principal Curriculum Officers, Principal Assessment Officers and
any successor performing the same role.
2.23 "Director
of Public Employment" means the employer of the staff of the Public
Service for the purpose of industrial proceedings as defined by section 129 of
the Act.
2.24 "Secondment"
means when the Board of Studies,
Teaching and Educational Standards employs by making use of the services of an
officer of the Department of Education and Communities. .
2.25 "Senior
Education Officer, Grade 1" means a salary classification that includes,
but is not restricted to, Assessment Officers, Curriculum Officers, Project
Officers and any successor performing the same role.
2.26 "Senior
Education Officer, Grade 2" means a salary classification that includes,
but is not restricted to, Board of Studies Liaison Officers, Senior Assessment
Officers, Senior Curriculum Officers, Senior Planning Officers, Senior Project
Officers and any successor performing the same role.
2.27 "Standard
Hours" means the ordinary hours of duty which are worked in the absence of
flexible working hours between 8.30am to 4.30pm (or as otherwise determined by
the Chief Executive ), with an hour for lunch, Monday to Friday.
2.28 "Temporarily
appointed" means employment of an Officer pursuant to section 24 of the
Act.
2.29 "Temporarily
employed" means when the the Board of Studies, Teaching and Educational
Standards employs an Officer pursuant to section 27 of the Act.
2.30 "Western
Division" means the Western Division of the State of New South Wales as
defined by the Act.
3. Salaries
3.1 Officers will
be employed in the salary classifications as defined in clause 2, Definitions.
3.2 Officers will
be employed at annual salary levels not less than those for the classifications
as set out in Part B, Monetary Salary Rates, except as may be provided for in
respect of clause 4, Salary Packaging.
3.3 Unless the Chief
Executive determines otherwise in accordance with subclause 3.4 of this clause,
new Officers will be remunerated at the minimum salaries on commencement of
employment under each of the classifications set out in the said Table 1, as
follows:
Education Officer Level 1, 1st Year of Service;
Senior Education Officer, Grade 1 Level 1;
Senior Education Officer, Grade 2 the single salary
point specified;
Principal Education Officer the single salary point
specified;
Chief Education Officer, Grade 1, Level 1.
Chief Education Officer, Grade 2, Level 1.
3.4 The Chief
Executive will determine the remuneration of new Officers:
3.4.1 at the minimum
rate of the appropriate salary classification; or
3.4.2 at such higher
level specified in Table 1, having regard to:
the applicant's skill, experience and qualifications;
and
the rate required to attract the applicant; and
the remuneration of existing Officers performing
similar work.
3.5 An Officer
employed in the salary classification of Chief Education Officer, Senior
Education Officer Grade 1 or Education Officer shall be entitled to progress
along or be maintained on the incremental scale for the officer's salary
classification after each 12 months of service subject to the officer
demonstrating by means of an annual review continuing efficiency in work
practice, satisfactory performance and professional growth.
3.6 The salary
payable for Chief Education Officers includes remuneration for all incidences of
employment, including any existing expense or other allowance paid to Chief
Education Officers covered prior to this award, for all hours worked and all
other compensatory or other allowances other than:
3.6.1 annual leave
loading;
3.6.2 travel or subsistence
allowances;
3.6.3 allowances in
relation to relocation expenses;
3.6.4 any approved
reimbursement paid in relation to expenses incurred in the discharge of the
Officer's duties.
3.7 Chief Education
Officers employed by the Board as at the date this Award is made by the
Industrial Relations Commission, that is, prior to the creation of the Grade 1
and Grade 2 Chief Education Officer classifications under this Award, will be
redesignated at the Chief Education Officer Grade 1 classification and will
remain on the previous five level single Chief Education Officer scale unless
transferred or appointed to a role at the Chief Education Officer Grade 2
classification by the Chief Executive .
All Chief Education Officers appointed after the date that this Award is
made by the Industrial Relations Commission will be employed at either the
Chief Education Officer Grade 1 or Grade 2 classification as determined by the
Chief Executive.
3A. Deduction of Union
Membership Fees
(i) The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union
shall advise the employer of any changes to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of union
fortnightly membership fees payable shall be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies
deducted from employee’s pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employee’s union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
4. Salary Packaging
4.1 Officers may
participate in the Board's salary packaging scheme.
4.2 Except as
otherwise provided in the agreed salary packaging scheme, Officers must be employed
on the same conditions as set out in the award.
5. Salary Sacrifice to
Superannuation
5.1 Notwithstanding
the salaries prescribed by Part B, Monetary Rates, an employee may elect,
subject to the agreement of the employee's department or agency, to sacrifice a
portion of the wage/salary payable under clause 3, Salaries, to additional
employer superannuation contributions.
Such election must be made prior to the commencement of the period of
service to which the earnings relate. In
this clause, "superannuable salary" means the employee's salary as
notified from time to time to the New South Wales public sector superannuation
trustee corporations. The availability of salary for packaging purposes will be
determined following payment of post tax commitments and payroll deductions
such as employee superannuation contributions, union fees, health fund,
premiums and maintenance orders etc.
5.2 Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this award or any applicable
award, Act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under the said clause 3 in the absence of any
salary sacrifice to superannuation made under this award.
5.3 The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) subject to the
department or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
5.4 Where an
employee makes an election in terms of subclause 5.3 of this clause, the
employer shall pay the portion of salary, the subject of election, to the
relevant superannuation fund.
5.5 Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992,
the employee’s department or agency must ensure that
the amount of any additional employer superannuation contributions specified in
subclause 5.1 of this clause is included in the employee’s superannuable salary
which is notified to the New South Wales public sector superannuation trustee
corporations.
5.6 Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her department or agency to
have superannuation contributions made to a superannuation fund other than a
fund established under legislation listed in subclause 5.5 of this clause, the
department or agency will continue to base contributions to that fund on the
salary payable under clause 3 to the same extent as applied before the employee
sacrificed portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the department or agency may be in excess
of superannuation guarantee requirements after the salary sacrifice is
implemented.
6. Conditions Fixed By
Other Awards
6.1 The following
industrial instruments and regulation or any successor thereto and any
variations from time to time to the same, insofar as they fix conditions of
employment applying to Officers covered by this award and pursuant to this
award, shall apply to Officers unless specifically varied by this award in
which case the provisions of this award take precedence:
Crown Employees (Transferred Officers Excess Rent
Assistance) Agreement No. 2354 of 1981;
Crown Employees (Transferred Employees Compensation)
Award 2009;
Crown Employees (Public Service Conditions of
Employment) Award 2009;
Government Sector Employment Act 2013
Government Sector Employment Regulation 2014
7. Appointment and
Mobility Provisions
7.1 Where the public
service sick leave entitlement is exhausted, Officers on secondment from the
Department of Education and Communities or Officers temporarily employed from
any other New South Wales Government Department/Declared Authority can access,
provided the Board agrees, cumulative sick leave entitlements for their use,
provided this is agreed to by the Department of Education and Communities or
any other New South Wales Government Department/Declared Authority. The
conversion of the cumulative sick leave entitlement will be attended to by the
Board.
7.2 Officers on
secondment from the Department of Education and Communities and Officers
temporarily employed from any other New South Wales Government
Department/Declared Authority can access, provided the Board agrees, any
accrued long service leave entitlements for their use, provided this is agreed
to by the Department of Education and Communities or the relevant New South
Wales Government Department/Declared Authority.
The conversion of the long service leave entitlement will be attended to
by the Board.
7.3 The Board will
facilitate, where agreed, an Officer's portability of entitlements for long
service and sick leave whilst they are in the employment of the Board.
7.4 In addition to
the provisions of the Public Sector
Employment Regulation 2014and the Crown Employees (Public Service Conditions of
Employment) Award 2009 or its successor or as amended from time to time where
the balance of any period of maternity/adoption leave extends beyond the period
an Officer is employed, the Board will pay the difference in salary between the
Officer's substantive salary and the salary whilst at the Board for the term of
the leave taken, unless it coincides with any period of paid leave other than
maternity/adoption leave.
7.5 An extension of
a period of employment in order to coincide with an Officer's return to a
teaching service for Day 1 Term 1 Eastern Division or Day 1 Term 1 Western
Division of a school year or to reflect a change in the Department of Education
and Communities' policy will be taken into specific regard in Board employment
practices.
7.6 The Board's
superannuation provisions are to be no less beneficial than what Officers on
secondment or Officers temporarily employed from any other New South Wales
Government Department/Declared Authority would have received had they remained
in their original positions.
7.7 Officers who
demonstrate that they are existing contributors to either the State
Superannuation Fund or the State Authorities Superannuation Scheme are entitled
to retain their membership of those schemes as provided for in the Superannuation
Act 1916, the State Authorities Superannuation Act 1987 or the First
State Superannuation Act 1992.
7.8 Credit of
recreation leave may be granted to Officers on secondment or temporarily
employed Officers recruited directly from schools or TAFE colleges, in
accordance with the following:
If the Officer Commences: Recreation Leave to be Credited
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January before 18th
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10 days
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January on or after 18th
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5 days
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February
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5 days
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March before 30th
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5 days
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March on or after 30th
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10 days
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April before vacation
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10 days
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April on or after 27th
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5 days
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May
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5 days
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June before 15th
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5 days
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June on or after 15th
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10 days
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July before vacation
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10 days
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July on or after 20th
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5 days
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August
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5 days
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September before 7th
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5 days
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September on or after 7th
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10 days
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October
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5 days
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November before 10th
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5 days
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November on or after 10th
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10 days
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December
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10 days
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Thereafter, recreation leave accrues at the normal
rate.
7.9 To avoid
excessive accrual of recreation leave, as described in clause 78(b) of the
Crown Employees (Public Service Conditions of Employment) Award 2009 the Chief
Executive may direct an officer to take accrued recreation leave. Such
direction will coincide with school vacation periods.
7.10 For the purpose
of workers' compensation, the employer of Officers is the Board in terms of the
Workers Injury Management and Workers Compensation Act 1998 or any
successor thereto.
7.11 The letters of
employment for all Officers will designate the salary and conditions of
employment. For Officers on secondment from the Department of Education and Communities
and Officers temporarily employed or temporarily appointed, the letters of
employment will designate the duration, salary and conditions of their
employment.
8. Flexible Work
Arrangements
The conditions under which flexible working hours operate
are set out in this clause.
8.1 No officer can
be directed to work under Flexible Work Arrangements. Those officers not
participating in Flexible Work Arrangements will work standard hours as defined
in clause 2.27.
8.2 To avoid
excessive accrual of Accrued Work Time (AWT) the Chief Executive may direct an
officer to take accrued hours. Such
direction will coincide with school vacation periods. Accrued Work Time is defined in Clause 8.13.
8.3 An officer may
only work outside the hours of a standard day (7 hours) but within the
bandwidth (7am - 7pm) and accrue hours toward a flexible working hours credit
if the work is available to be performed.
8.4 Application
The Flexible Work arrangements that apply to Officers
covered by this award are set out as follows:
8.4.1 Principal
Education Officers, Senior Education Officers (except for Field Officers) and
Education Officers -Clauses 8.4 to 8.13 inclusive and 8.15 to 8.18 inclusive.
8.4.2 Field Officers
(BOSLOS) Clauses 8.14 to 8.18 inclusive.
8.4.3 Chief Education
Officers (CEO’s) Clause 8.19.
8.5 Settlement
Period
8.5.1 The settlement
period for the purpose of sub-clause 8.4.1 is 12 weeks. The settlement period
for the purpose of subclause 8.4.2 is 4 weeks.
8.6 Ordinary Hours
of Work and Standard Hours
8.7 Standard
Bandwidth
8.7.1 The standard
bandwidth is 7.00 am to 7.00 pm. Normal work can be undertaken during the
period 7.30 am to 6.00 pm and additional hours work credited as accrued work
time (as defined in subclause 8.13 ).
8.7.2 If normal work
is undertaken at the Officer's own initiative and with the approval of the
Chief Executive or delegate between 7.00 am and 7.30 am or 6.00 pm and 7.00 pm
this time will be credited as accrued work time.
8.7.3 If an Officer is
directed to work between 7.00 am and 7.30 am or 6.00 pm and 7.00 pm or at other
times outside the bandwidth, including Saturday and Sunday compensatory leave
will be accruable in accordance with clause 9 of this award.
8.7.4 An officer, who
requests to work outside the standard bandwidth, must obtain approval of their
Chief Executive or delegate. The time worked is to be counted towards Accrued
Work time (AWT).
8.7.5 If approval to
work outside the bandwidth is not sought or given, then the time worked outside
the standard bandwidth is not to be counted towards Accrued Work Time (AWT).
8.8 Coretime
8.8.1 The standard
coretime is 9.30am to 3.30pm subject to the provisions as detailed in clause
8.10.
8.8.2 The standard
coretime may only be varied at the request of an individual Officer with the
agreement of the Chief Executive or delegate.
8.8.3 In exceptional
circumstances officers may commence work after 9.30 am and/or leave before 3.30
pm and the time taken shall be flex leave. This arrangement must be agreed
between the officer and Chief Executive or delegate.
8.9 Hours Worked
8.9.1 All Officers are
entitled to work a minimum of 7 hours on any day. An officer cannot be directed
to work less than 7 hours on any day. An Officer may choose to work less than 7
hours in one day with the agreement of the Chief Executive or delegate.
8.9.2 An Officer may
elect to change from flexible working hours to standard hours in agreement with
the Chief Executive or delegate.
8.9.3 Nothing in this
clause shall prevent the Board requiring an officer to revert to working
standard hours following reasonable notice.
8.9.4 Where an officer
has completed a minimum of 7 hours on any day and there is no requirement for
that officer to remain at the workplace the officer’s supervisor can request
that the Officer cease work for that day.
8.10 Lunch and Meal
Breaks
8.10.1 An officer is to
take a meal break of at least 30 minutes in a period of 5 hours continuous
work.
8.10.2 Lunch breaks must be
of at least 30 minutes duration with an entitlement of up to one hour.
8.10.3 Provided customer
service is maintained, a longer lunch break of up to two and a half hours may
be taken with the supervisor's approval. Lunch breaks may be taken between 11.30am
and 2.30pm.
8.11 Flexible Working
Hours
8.11.1 An officer may
vary their flexible working hours or work standard hours at any time in
agreement with the Chief Executive or delegate and in accordance with the
provisions of this Award.
8.12 Flex Leave and
Banked Time Entitlements
8.12.1 All officers are
entitled to take combinations of up to six (6) Flex Leave and Banked Time days
in any settlement period. This time may be taken together with other forms of
leave. The issue of when Flex Leave is taken should be agreed between the
Officer and the Chief Executive or delegate.
8.12.2 An officer may
accumulate Banked Time during each settlement period on the following basis:
where the staff member takes 6 Flex Leave days the
possible Banked Time is zero;
where the staff member takes 5 Flex Leave days the
possible Banked Time is 1 day;
where the staff member takes 4 Flex Leave days the
possible Banked Time is 2 days;
where the staff member takes 3 Flex Leave days the
possible Banked Time is 3 days;
where the staff member takes less than 3 Flex Leave
days the possible Banked Time is 3 days.
8.12.3 An officer may
accumulate Banked Time of up to three (3) days in each settlement period. Over four
settlement periods a maximum or equivalent of 12 days may be accumulated as
Banked Time.
8.12.4 A Flex Leave day
and a Banked Time day are each equivalent to 7 hours. The officer’s flextime
will be reduced by this amount for each day of Banked Time. Seven (7) hours
will be recredited to the staff member's time sheet when a Banked Time day is
utilised for leave.
8.12.5 Banked Time days
may be taken with other forms of leave including Flex Leave and can be taken in
quantities ranging from 1 to 12 days over 4 settlement periods.
8.13 Accrued Work
Time (AWT)
8.13.1 All
time worked during the settlement period in accordance with this agreement
(except paid overtime) will count towards the Officers Accrued Work Time (AWT).
8.13.2 An
officer should have Accrued Work Time (AWT) of at least 410 hours at the
conclusion of a settlement period. The minimum of 410 hours includes all
credited AWT and all approved leave.
8.13.3 Where
Accrued Work Time (AWT) is less than 410 hours at the end of a settlement period
the officer will be required to submit a recreation leave form for the amount
of the shortfall. Should the officer have no such leave available, leave
without pay (LWOP) for the amount of time below 410 hours will apply and the
LWOP is credited to the AWT total.
8.13.4 During
the settlement period an Officer is entitled to accumulate and/or carry forward
hours in excess of the 420 ordinary hours up to and including an additional 42
hours in any one settlement period. This additional 42 hours may be taken in
the next settlement period as part of the up to 6 Flex Leave days that may be
taken. This amount can only be exceeded in exceptional circumstances.
8.13.5 Hours
worked are to be documented by the officer and supervisor over the settlement
period through use of flex time records.
8.13.6 Total
Accrued Work Time (AWT) is not to exceed 462 on a cumulative basis except in
exceptional circumstances.
8.13.7 At
the conclusion of each settlement period any Accrued Work Time (AWT) in excess
of the 420 ordinary, and up to 462 hours, will be carried forward as a credit
to the next settlement period, unless accumulated to the officers Banked Time
in accordance with Clause 8.12.2.
8.13.8 In
exceptional situations it is possible that the 462 hour limit may be exceeded.
This additional time can be carried forward to the next settlement period but
the Chief Executive or delegate must develop an agreed strategy to ensure that
the Officer is able to reduce the AWT to below the 462 hour limit.
8.13.9 An
officer with Accrued Work Time (AWT) at the conclusion of a settlement period
that amounts to less than 420 hours and greater than 410 hours must carry the
appropriate debit hours forward to the next settlement period.
8.13.10 An
officer may vary working hours to suit particular personal needs or absent
themselves from work using Flex Leave or Banked Time. Absences of this type may
occur on more than one occasion as single or consecutive full or quarter days
in a settlement period and will be taken in agreement with the Chief Executive
or delegate. Absences of this type are not to be unreasonably denied, however
the work demands of the Board should be recognised.
8.13.11 Banked
Time and Flex Leave shall be taken:
(a) as soon as
practicable following its accrual;
(b) recognising
that out of school hours and school vacations often provide the most
practicable opportunities;
(c) in multiples
of a quarter day only.
8.14 Flexible Working
Hours for Field Officers (BOSLOS)
8.14.1 Flexible
working hours of the Crown Employees (Public Service Conditions of Employment)
Award 2009 or its successor or as amended from time to time apply to Field
Officers subject to variation of:
Settlement Period
Accumulation and Carry Over
Flexi leave
Commencement or Cessation of Duty During Coretime as
affected by the terms of subclauses 8.14.2 to 8.18.
8.14.2 Bandwidth
hours for Field Officers are between 7.30 a.m. and 6.00 p.m. on each day,
Monday to Friday. With the core hours requirement 9.30am to 3.30pm excluding
public holidays. A flexible approach will be adopted by Field Officers and
management in relation to normal working and flexible working arrangements. The
decision in these matters is subject to organisational convenience and an
appropriate level of service being provided, having regard to:
(a) A Field Officer
may opt, for personal reasons or work commitments, not to take a flex day in a
settlement period, but rather to bank that flex day for use in a later
settlement period. Note that the total
number of flex days that can be taken is not increased.
(b) Up to one flex
day and one banked flex day, or two banked flex days, may be taken in any
settlement period.
(c) The total
number of banked flex days at any one time must not exceed five days.
(d) To bank a flex day,
seven hours is deducted from the total hours worked in the settlement period.
The balance of hours (after deducting a banked flex day) may be carried over,
up to a maximum of ten hours.
8.15 Separation from
the Agency
8.15.1 Where
an Officer gives notice of resignation, retirement or transfer to another
government department, the Chief Executive or delegate and Officer will, during
the period of notice, take all reasonable steps to eliminate any accumulated
credit or debit hours.
8.15.2 The
Chief Executive or delegate will facilitate the elimination of accumulated
credit or debit hours by such Officers.
8.15.3 Where
an officer has an accumulation of debit hours at the completion of the last day
of service, the accumulated recreation leave or moneys owing to that officer
will be adjusted accordingly.
8.15.4 Where
an Officer has an accumulation of credit hours at the completion of the last
day of service, then the accumulated credit hours are to be paid to the officer
at the current salary rate. However, if
requested by the officer and agreed by the new agency, the credit hours may be
carried forward to the new agency.
8.16 Part Time
Officers
8.16.1 Part-time
Officers may accumulate the same Accrued Work Time (AWT) and have the same
rights to flexible working hours as full-time officers. They may not be
required to work more than their contract hours.
8.17 Disruption of
Transport
8.17.1 Where
an Officer is delayed or prevented from attending the workplace as a result of
a transport strike or a major transport delay, the following conditions will
apply to the period of disruption.
(a) The Officer may
commence or cease duty at any time. Time worked on such days will accumulate in
a normal way.
(b) Where an
Officer is unable to attend the workplace due to a transport disruption and is
unable to work from home or attend another place of work, then the Officer may
take the full day off without penalty provided that any excess Accrued Work
Time is cleared in the following settlement period.
(c) An Officer
affected by transport disruption will not be debited recreation leave or leave
without pay if the officer has accrued less than the minimum required Accrued
Work Time contract hours in the settlement period coinciding with the transport
disruption. However, the Officer must ensure that any Accrued Work Time debit
is cleared in the following settlement period.
8.18 Working at Home
8.18.1 Working
from home is a voluntary and co-operative arrangement which allows Officers to continue
their employment during some temporary unforeseen circumstance which prevents
their attending the workplace or where work of an intensive nature can be
performed efficiently away from the workplace. Approval may be given by the
appropriate manager or supervisor for individual Officers to work from home on
full salary and entitlements on the basis that the arrangement is short term
(up to five days) and is irregular, appropriate outcomes are negotiated and
hours of work are agreed. Wherever possible, approval is to be sought in
advance.
8.18.2 Working
from home on an extended (more than five days) or regular basis on any one
occasion rather than on a short-term basis will require a working from home
arrangement to be developed by agreement between the parties.
8.19 Chief Education
Officers
8.19.1 Chief
Education Officers may negotiate with their supervisors for patterns of working
hours which meet both the needs of the Board and the personal circumstances of
individual Chief Education Officers
8.19.2 Chief
Education Officers may elect, from the agreed date of operation of this clause,
that is 12 June 2006, to work under the Flexible Work Arrangements pursuant to
Clause 8.4.1, except for any work undertaken outside the standard bandwidth in
which case the provisions of Clause 8.19.1, rather than Clause 8.7.3 or 8.7.4,
will apply
9. Work Outside
Ordinary Working Hours
9.1 Work Outside
Ordinary Hours for Education Officers, Senior Education Officers, Grade 1 and
Senior Education Officers, Grade 2.
9.1.1 The parties
agree that Officers directed to work outside ordinary working hours shall be
entitled to excess hours and compensatory leave provisions under this clause.
9.1.2 For the purpose
of calculating excess hours and compensatory leave the bandwidth hours for
work:
(a) directed by the
Chief Executive or delegate shall be
7.30 am to 6.00pm
(b) undertaken at
the officer's own initiative and with the approval of the Chief Executive or delegate shall be, except for Field
Officers, 7.00 am to 7.00pm
(c) performed by
Field Officers at the officers own initiative and approved by the Chief
Executive or delegate shall be 7.30 am
to 6.00 pm
9.1.3 In the absence
of flexible working hours the ordinary hours of work shall be 35 hours per
week, Monday to Friday.
9.1.4 Officers
involved in meetings with Board Curriculum Committees, Working Parties, focus
teams, etc., may, where there is agreement with the other parties involved,
organise teleconferences or electronic exchange. Such meetings or representation
arranged as teleconferences or as an electronic exchange may, where possible,
also be arranged to minimise the additional hours required to be worked by
officers outside bandwidth working hours.
9.2 Compensatory
Leave
9.2.1 Compensatory leave
shall be taken:
(a) as soon as
practicable following its accrual:
(b) recognising
that out of school hours and school vacations provide the most practicable
opportunities;
(c) in multiples
of a quarter day only;
(d) within three
months of the date of working the excess hours, unless the excess hours worked
are banked within the cumulative balance limit and carried forward subject to
paragraphs 9.2.2, 9.2.3 and 9.2.4 of this subclause;
and provided further that:
(i) compensatory
leave for weekend duty performed may be accrued and added to the cumulative
balance of excess hours accrual;
(ii) compensatory
leave for duty on public holidays may be accrued and added to annual leave
credits and, upon termination, will be regarded as recreation leave for the
purposes of the Government Sector Employment Regulation 2014 and the Crown
Employees (Public Service Conditions of Employment) Award 2009; or its
successor or as amended from time to time.
(iii) an officer
must take all compensatory leave granted prior to the last day of service of
his/her period of permanent appointment, secondment, temporary appointment or
temporary employment.
9.2.2 Compensatory
leave may be accrued up to a cumulative balance limit of five days, in any
period of three months, in recognition of work performed outside bandwidth
hours with the exception of Field Officers. Field Officers shall have a
cumulative balance limit of 20 days at any point in time in recognition of work
performed outside bandwidth working hours.
9.2.3 Compensatory
leave accrued in a calendar year must be taken by January 31 of the following
calendar year.
9.2.4 Subject to
subclause 9.3 of this clause, leave accumulated above the limit in paragraph
9.2.2 of this subclause or not taken by the date in paragraph 9.2.3 of this
subclause, will be forfeited, unless the Officer acts on a direction by the
Chief Executive to take, at such time as is convenient to the working of the
Board, the excess compensatory leave accrued. As far as practicable, the wishes
of the Officer concerned will be taken into consideration in directing the time
for the taking of that excess compensatory leave.
9.2.5 Officers will
have ready access to cumulative balances of accrued compensatory leave to
ensure they are appropriately notified of any impending forfeiture.
9.2.6 Compensatory
leave may only be granted to Officers whose salary or salary and allowances in
the nature of salary are not in excess of the salary classification rate prescribed
as the maximum rate for Senior Education Officer, Grade 2, and as varied from
time to time.
9.3 Calculation of
and Payment in Lieu of Compensatory Leave
9.3.1 Where the
regularity of the demands of School Certificate and Higher School Certificate
examination paper setting and marking program or where it is impracticable for
the compensatory leave to be taken, the Chief Executive shall:
(i) allow the
compensatory leave to continue to accumulate beyond the limit in paragraph
9.2.2 of subclause 9.2 of this clause; or
(ii) subject to
paragraphs 9.3.2 and 9.3.3 of this subclause, authorise payment in lieu of
compensatory leave.
9.3.2 Calculation of
compensatory leave or payment in lieu of compensatory leave shall be undertaken
and paid by the following method:
(i) for all
excess hours worked before or after the applicable bandwidth hours at the rate
of time and one half for the first two hours and at the rate of double time
thereafter;
(ii) for all
excess hours worked on Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(iii) for all
excess hours worked on Sunday at the rate of double time;
(iv) for all excess
hours worked on public holidays which would normally be a working day at the rate
of time and one-half in addition to salary;
(v) for all excess
hours worked on public holidays which would not normally be a working day at
the rate of double time and a half.
Provided that
(a) meal times
shall not be included in the calculation of excess hours;
(b) if an Officer
is absent from duty on any working day during any week in which excess hours
have been worked by him/her, the time so lost may be deducted from the total
amount of excess hours worked by him/her during the week unless he/she is
granted leave of absence on recreation or on account of illness or unless, in
the opinion of the Chief Executive, his/her absence has been caused by
circumstances beyond his/her control; and
(c) an officer who
works excess hours on Saturdays, Sundays or public holidays shall:
(i) if payment is
made in lieu of compensatory leave, be paid a minimum payment as though he/she
has worked for three hours which shall be calculated according to the method as
set out in paragraph 9.3.3 of this subclause and at the appropriate rate
prescribed herein;
(ii) be credited
with compensatory leave as though he/she has worked minimum of three hours
which shall be calculated according to the method as set out in the said
paragraph 9.3.3 and at the appropriate rate prescribed herein.
9.3.3
(i) Payment in
lieu of compensatory leave for excess hours worked shall not be paid for:
(a) periods of
less than one-quarter of an hour;
(b) time spent
travelling, as the provisions of the Crown Employees (Public Service Conditions
of Employment) Award 2009 or its successor or as amended from time to time.
(c) periods of
excess hours which exceed 35 hours (or 5 days) of accrued time. The entitlement
of Field Officers is unaffected by the provision of sub-clause 9.3.3(i)(c).
(ii)
(a) The formula
for the calculation of payment for excess hours at ordinary rates shall be:
|
Annual Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
35 hours
|
(b) To determine time
and one-half or double time rates or double time and one-half rates, an hourly
rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively,
calculated to the nearest cent.
(iii) The annual
salary for the purpose of the calculation in this paragraph is the Officer's
annual salary or the maximum rate for Senior Education Officer, Grade 2,
whichever is the lower.
(iv) In exceptional
circumstances, the Chief Executive may approve of the payment in lieu or
compensatory leave for excess hours worked in the case of Officers for whom
compensation is specifically elsewhere provided for, or who are paid an
allowance for overtime or excess hours or whose salary is fixed as inclusive of
overtime or excess hours, or those otherwise rendered ineligible by this award.
9.3.4 Meal Allowances
9.3.4.1 An
allowance for the meal shall be paid pursuant to the provisions of the Crown
Employees (Public Service Conditions of Employment) Award 2009, or its
successor or as amended from time to time provided the Chief Executive is satisfied that:
(a) the
performance of the work concerned at the time at which it was performed was
necessary;
(b) the Officer
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
(c) where the Officer
was able to cease duty for at least 30 minutes before or during the working of
excess hours to take the meal, and the officer did so.
9.3.4.2 An
Officer who complies with the provisions of this clause, whether entitled to
compensation for excess hours or not, shall be paid the relevant allowance
prescribed pursuant to Clause 9.3.4.1.
9.3.4.3 Where
an allowance under this paragraph is insufficient to adequately reimburse the
Officer for expenses properly and reasonably incurred, a further allowance may
be paid so as to reimburse the Officer for the additional expenses incurred.
9.3.4.4 Where
an Officer working flexible hours is required to work excess hours on weekdays
beyond 6.00pm and until or beyond 8 hours after commencing duty, plus the time taken
for lunch, the Officer shall be allowed 30 minutes for a meal and, thereafter,
30 minutes for a meal after every five hours of overtime worked.
10. Consultation
10.1 A joint
consultative committee with Federation/Board representatives will operate to
deal with a range of matters affecting working conditions including but not
limited to technological change and training and development. The committee
will meet at mutually agreed times.
11. Training and
Development
11.1 The Board will
consult with the Federation in reviewing the Board's training and developing
activities which are designed to assist officers to refresh their knowledge and
understanding of contemporary school settings.
This consultation will include:
(a) identifying
the most successful training and development activities and improve them where
necessary;
(b) checking that
they are available and accessible to all officers.
This process will serve to adjust the existing program
as appropriate in consultation with the Federation.
11.2 The existing
program is designed to assist Officers to refresh their knowledge and
understanding of contemporary school settings.
In addition to the intrinsic benefits that such professional development
provides to all officers, these activities may assist the re-entry and
re-orientation of Officers on secondment or temporarily employed returning to
schools. These activities will be made available to all Officers over the life
of this award as part of a program of training and development where this is
agreed between the Office and the individual Officer. The Board also recognises
that, where possible, Officers on secondment or temporarily employed should
have opportunities to take part in school-based activities related to the
Officer's work at the Board.
11.3 Where Officers
are required to undertake a professional development opportunity designated as
an agency priority by the Office, the Officer will be considered to be on duty
and all compulsory fees will be met by the Board.
11.4 Where the professional
development opportunity is an approved training and development activity and is
voluntarily undertaken, the Officer may undertake the course in his/her own
time, to the extent that it is outside ordinary working hours, and meet any
fees unless the Board exercises its discretion to refund all or part of these
fees. The provisions of clause 8, Work Outside Ordinary Working Hours, shall
not apply in respect of this subclause.
12. Performance
Appraisal
12.1 The performance
appraisal process for Officers will be negotiated between the parties to
address three objectives and will:
12.1.1 ensure that
Officers engage in an appraisal process designed to improve the quality of
their work and to focus it on the Board's corporate objectives;
12.1.2 provide work
reports to Officers;
12.1.3 assist Officers
whose performance is causing concern.
12.2 The performance
appraisal process will be centred on the following principles:
12.2.1 The work of the
Board is centred on assisting teaching and learning. The structures for
improvement of the quality of teaching and learning should therefore be
consistent with what is generally regarded as best practice in the field
12.2.2 The improvement of
curriculum development, examination, assessment and credentialing practices
requires ongoing professional development. Education professionals learn best
in collegial contexts, so structures for improvement will be based on that
concept.
12.2.3 The performance
appraisal process will be negotiated at the supervisory level and will focus on
improving performance by facilitating learning and change in a collegial way.
12.2.4 Officers will
participate in forms of collegial practice to improve the quality and focus of
their work through discussion about, and observation of, curriculum,
examination, assessment and credentialing practice in a supportive and
developmental environment.
12.2.5 Training will be
provided to address the agreed needs of individual Officers and groups of
Officers, taking into account the Officer as an individual professional, as a
member of a team working within the framework of the Board's policies and
practices, and as a valued professional within the government and
non-government school education system within New South Wales.
13. Technology
13.1 The Board is
committed to consulting with the Federation over any proposal for or use of new
or upgraded technology as it directly affects the teaching service staff
encompassed by this award. In this
context, the parties are committed to the following principles:
13.1.1 Consultation will
occur at the planning, development, implementation and post implementation
phases of the introduction and use of new or significantly upgraded technology;
13.1.2 New or upgraded technology
will be accompanied by appropriate training or retraining for staff and will be
regarded as a Training and Development system priority;
13.1.3 New or upgraded
technology will comply with the Board's Work Health and Safety obligations;
13.1.4 If the
introduction of new or upgraded technology leads to material changes to the
work organisation or duties of a particular role or position, then the parties
agree to consult on the impact of the changes.
14. Dispute Resolution
Procedures for the Parties
14.1 Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
14.1.1 Should any
dispute, (including a question or difficulty) arise as to matters occurring in
a particular workplace the Officer and/or Federation workplace representative
shall raise the matter with the relevant Branch Manager or Director as soon as
practicable.
14.1.2 The relevant
Branch Manager or Director will discuss the matter with the Officer and/or
Federation's workplace representative within two working days with a view to
resolving the matter or negotiating an agreed method and timeframe for
proceeding.
14.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute or should
the matter be an agency-wide nature, the individual Officer or the Federation
may raise the matter with the Chief Executive's delegate with a view to
resolving the dispute, or negotiating an agreed method and timeframe for
proceeding.
14.1.4 Where the
procedures in paragraph 14.1.3 of this subclause do not lead to resolution of
the dispute, the matter will be referred to the Chief Executive and the General
Secretary of the Federation. They or their nominees shall discuss the dispute,
with a view to resolving the matter or by negotiating an agreed method and
timeframe for proceeding.
14.1.5 Should the above
procedures not lead to a resolution, either party may make application to the
Industrial Relations Commission of New South Wales.
15. Duties as Directed
15.1 The Chief
Executive may direct an Officer to carry out such duties as are within the
limits of the Officer's skill, competence and training, consistent with the
classifications covered by this award, provided that such duties are not
designed to promote de-skilling. Such duties may include transfer to a role
different to that for which the officer may have been recruited.
15.2 The Chief
Executive may direct an Officer to carry out such duties and use such tools,
materials and equipment as may be required, provided that the Officer has been
properly trained in the use of such tools, materials and equipment.
15.3 When an officer
undertakes duties using online or other electronic means for content management
purposes such purposes would comprise for:
curriculum officers : drafting or amending syllabus and
curriculum support documents;
test development and assessment officers : examination
specifications and other assessment resource materials;
policy and public affairs officers : Board policies,
rules and public relations and event material.
15.4 Any directions
issued by the Chief Executive shall be consistent with the Chief Executive's
responsibility to provide a safe and healthy working environment and pursuant
to the provisions of clause 13 of this award.
16. Personal\Carer's
Leave
16.1 The entitlement
to leave in accordance with this clause is subject to:
(a) the Officer
being responsible for the care and support of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the Officer; or
(ii) a de facto
spouse being a person of the opposite sex to the Officer who lives with the
Officer as her husband or his wife on a bona fide domestic basis although not
legally married to that Officer; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the Officer or of spouse or de facto
spouse of the Officer; or
(iv) a same sex partner
who lives with the Officer as the de facto partner of that Officer on a bona
fide domestic basis; or a relative of the Officer who is a member of the same
household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
16.2 Use of Family and
Community Service Leave to Care for a Family Member
16.2.1 The Chief
Executive shall, in the case of emergencies or in unplanned personal or
domestic circumstances, grant to an Officer some or all of the available family
and community service leave on full pay.
16.2.2 Such cases may
include but are not to be limited to the following:
(i) compassionate
grounds-such as the death or illness of a close member of the family or a
member of the Officer's household;
(ii) accommodation
matters to one day-such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
(iii) emergency or
weather conditions such as when flood, fire or snow etc. threaten property
and/or prevent an Officer from reporting for duty;
(iv) other personal
circumstances such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons.
16.2.3 Attendance at
court by an Officer to answer a charge for a criminal offence if the Chief
Executive considers the granting of
family and community service leave to be appropriate in a particular case.
16.2.4 Staff members who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
16.2.5 Officers who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absence during normal working hours.
16.2.6 Family and
community service leave on full pay which may, subject to this award, be
granted to an Officer shall be as follows:
(i) Two and a
half of the Officer's working days in the first year of service. Two and a half days in the officer's second
year of service and one day per year thereafter.
(ii) If available
family and community leave is exhausted as a result of natural disasters, the Chief
Executive shall consider applications for additional family and community
service leave, if some other emergency arises. On the death of a person as
defined in clause 16.1, additional paid family and community service leave of
up to two days may be granted on a discrete, per occasion basis to an Officer.
(iii) In cases of
illness of a family member for whose care and support the Officer is
responsible, paid sick leave in accordance with subclause 16.3 of this clause,
shall be granted when paid family and community service leave has been
exhausted.
16.3 Use of Sick
Leave to Care for a Family Member. When
family and community service leave is exhausted, an Officer with
responsibilities in relation to a category of person as set out in subclause
16.1 of this clause, who needs the Officer's care and support, may elect to use
available paid sick leave, subject to the conditions specified in this
subclause, to provide such care and support when a family member is ill.
16.3.1 An Officer with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year's annual sick leave
entitlement minus any sick leave taken from that year's entitlement to provide
care and support for such persons when they are ill.
16.3.2 Sick leave
accumulates from year to year. In
addition to the current year's grant of sick leave available under sub clause
16.3.1 sick leave accrued from the previous three years including that accrued
and referred to in clause 7, Appointment and Mobility Provisions, may also be
accessed by an Officer with responsibilities in relation to a person who needs
their care and support.
16.3.3 The Chief
Executive may, in special circumstances, make a grant of additional sick leave.
This grant can only be taken from sick leave accrued prior to the period
referred to in 16.3.2 of this subclause.
16.3.4 The Officers
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
16.3.5 The Officer has
the right to choose the method by which the ground for leave is established,
that is, by production of either a medical certificate or statutory declaration.
16.3.6 The Officer is not
required to state the exact nature of the relevant illness on either a medical
certificate or statutory declaration.
16.3.7 The Officer shall,
wherever practicable, give the Chief Executive notice prior to the absence of the
intention to take leave, the name of the person requiring care and the person's
relationship to the Officer, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the Officer to give
prior notice of absence, the Officer shall notify his/her manager by telephone
of such absence at the first opportunity on the day of absence.
16.3.8 In normal
circumstances, the Officer must not take leave under this subclause where
another person has taken leave to care for the same person.
16.4 Compassionate
Leave
16.4.1 For the purpose of
providing care and support for a person in accordance with this clause an
Officer may elect with the consent of his/her manager to take compensatory
leave at a time or times agreed with the manager.
16.4.2 Compensatory leave
taken as time off during ordinary working hours shall be taken at the ordinary
working hours rate, that is an hour for each hour worked.
16.4.3 If having elected to
take time as leave in accordance with paragraph (a) of this subclause and the
leave is not taken for whatever reason the provisions of clause 9, Work Outside
the Ordinary Hours of Work shall apply.
16.4.4 When applying the
provisions of the said clause 9 in accordance with paragraph (c) of this
subclause, the untaken leave shall be preserved for a period of 12 months
before the forfeiture provisions of paragraph 9.2.4 of subclause 9.2 of clause
9, or the payment in lieu provisions of subclause 9.3 of clause 9 will apply.
16.5 Use of Make-up
Time
16.5.1 An
Officer may elect, with the consent of the Chief Executive, to work
"make-up time". "Make-up Time" is worked when the Officer
takes time off during ordinary working hours, and works those hours at a later
time, during the spread of ordinary working hours, at the ordinary working
hours rate of pay.
16.6 Use of Other
Leave Entitlement
16.6.1 The Chief
Executive may grant an Officer other leave entitlements for reasons related to
family responsibilities, or community service by, the Officer. An Officer may
elect, with the consent of the Chief Executive, to take:
(a) recreation
leave;
(b) extended leave;
and
(c) leave without
pay.
17. Work Health and
Safety
17.1 For the purposes
of this clause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust,
corporation and/or person) which has at its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that employer which might otherwise have been carried out by the other
employer’s own employees.
17.2 Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employers premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide employees
of the labour hire business and/or contract business with the appropriate
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
17.3 Nothing in this
clause 17 is intended to affect or detract from any obligation or
responsibility upon a labour hire business under the Work Health and Safety Act
2011 or the Workplace Injury Management and Workers Compensation Act 1998.
17.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship Act 2001 (or equivalent
interstate legislation) and are deemed by the relevant State Training Authority
to comply with the national standards for Group Training Organisations
established by the ANTA Ministerial Council.
17.5 This clause
operates from 1 March 2006.
18.
Anti-Discrimination
18.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age and responsibilities as a carer.
18.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It 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 terms or operation, has a direct
or indirect discriminatory effect.
18.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an officer because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
18.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
18.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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. No Further Claims
19.1 Except as
provided by the Industrial Relations Act 1996, prior to 31 December 2016, there
shall be no further claims by the parties to this award for changes to
salaries, rates of pay, allowances or conditions of employment in relation to
matters expressly contained in this Award.
20. Area, Incidence
and Duration
20.1 The department
for which this award is made is the Board of Studies, Teaching and Educational
Standards. The Award covers all persons
appointed, seconded or temporarily employed by the Office in the
classifications of Chief Education Officer, Principal Education Officer, Senior
Education Officer and Education Officer.
20.2 This award
rescinds and replaces the Crown Employees (Office of the Board of Studies -
Education Officers) Salaries and Conditions Reviewed Award 2012 published on 3
August 2012 (373 I.G.810).
20.3 This award shall
take effect on and from 1 January 2014 with a nominal term until and including
31 December 2016.
PART B
MONETARY RATES
Table 1 - Salaries
Chief Education Officer - Grade 1
|
Grade 1
|
2.27%
|
2.0%
|
2.15%
|
|
|
From the first pay
|
From the first pay
|
From the first pay
|
|
|
period to
|
period to
|
period to
|
|
|
commence on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Level 1
|
141,347
|
144,174
|
147,274
|
|
Level 2
|
145,932
|
148,851
|
152,051
|
|
Level 3
|
150,521
|
153,531
|
156,832
|
|
Level 4
|
153,602
|
156,674
|
160,042
|
|
Level 5
|
157,024
|
160,164
|
163,608
|
Chief Education Officer - Grade 2
|
Grade 2
|
2.27%
|
2.0%
|
2.15%
|
|
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
commence on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Single
|
|
|
|
|
salary point
|
160,949
|
164,168
|
167,698
|
Principal Education Officer
|
|
2.27%
|
2.0%
|
2.15%
|
|
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Single
|
|
|
|
|
salary point
|
138,218
|
140,982
|
144,013
|
Senior Education Officer Grade 1
|
Grade
|
2.27%
|
2.0%
|
2.15%
|
|
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
commence on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Level 1
|
106,240
|
108,365
|
110,695
|
|
Level 2
|
119,516
|
121,906
|
124,527
|
Senior Education Officer Grade 2
|
|
2.27%
|
2.0%
|
2.15%
|
|
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
commence on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Single
|
|
|
|
|
salary point
|
124,589
|
127,081
|
129,813
|
Education Officer AECG
|
|
2.27%
|
2.0%
|
2.15%
|
|
Level
|
From the first
|
From the first
|
From the first
|
|
|
pay period to
|
pay period to
|
pay period to
|
|
|
commence on or after
|
commence on or after
|
commence on or after
|
|
|
1/1/2014
|
1/1/2015
|
1/1/2016
|
|
|
$
|
$
|
$
|
|
Level 1
|
|
|
|
|
1st year of service
|
77,430
|
78,979
|
80,677
|
|
Thereafter
|
79,872
|
81,469
|
83,221
|
|
Level 2
|
|
|
|
|
1st year of service
|
83,004
|
84,664
|
86,484
|
|
Thereafter
|
85,437
|
87,146
|
89,020
|
|
Level 3
|
|
|
|
|
1st year of service
|
87,994
|
89,754
|
91,684
|
|
Thereafter
|
90,631
|
92,444
|
94,432
|
|
Level 4
|
|
|
|
|
1st year of service
|
94,398
|
96,286
|
98,356
|
|
Thereafter
|
97,402
|
99,350
|
101,486
|
Allowances
Allowances and the rates paid for allowances will be as
determined and adjusted from time to time.
Pursuant to the provisions of the Crown Employees (Public Service Conditions
of Employment) Award or its successor or as amended from time to time.
I. TABBAA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.