Crown
Employees (Teachers in Schools and Related Employees) Salaries and Conditions
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 1027 of 2012)
Before The Honourable
Justice Haylen
|
22 November 2012
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Dictionary
3. Salaries
4. Deduction
of Union Membership Fees
5. Allowances
6. Salary
Progression and Maintenance
7. Teacher
Quality
8. Salary
Packaging
9. Initial
Appointments
10. Teaching in
More Than One Location
11. Deferred
Salary Scheme
12. Compensation
for Travel on Department Business
13. Assessment
and Reporting and Quality of Educational Outcomes
14. Teacher
Performance Management
15. Teaching
Hours for Years 11 and 12
16. Allocation
of Duties in High Schools
17. Teaching
Outside Normal School Hours
18. Alternative
Work Organisation
19. Teachers
Appointed to More than One School
20. Qualifications,
Recruitment and Training
21. Calculation
of Service
22. Temporary
Teachers
23. Casual
Teachers
24. Relief in
PP6 or Principal - Environmental Education Centre or Hospital School Grade
25. Training
and Development
26. Multi-skilling
27. Duties as
Directed
28. Other Part
Time Rates of Pay
29. Home School
Liaison Officers and Aboriginal Student
Liaison Officers - Special Conditions
30. Teachers in
Residential Agricultural High Schools -Special Conditions
31. Dispute
Resolution Procedures
32. No Further
Claims
33. Anti-discrimination
34. WorkHealth
& Safety
35. Saturday
School of Community Languages
36. Area,
Incidence and Duration
SCHEDULES
Schedule 1- Common Incremental Salary Scale
Schedule 2 - Allowances
Schedule 3 - Locality Allowances
Schedule 4 - Salaries - Promotion Classifications in the
Teaching Service
Schedule 5 - Rates of Pay - Casual Teachers
Schedule 6 - Other Part time Rates of Pay
Schedule 7 - Excess Travel and Compensation for Travel on
Official Business
Schedule 8 - Special Conditions Covering Home School
Liaison Officers and Aboriginal Student Liaison Officers
Schedule 9 - Special Conditions Covering Teachers at
Residential Agricultural High Schools
Schedule 10 - Saturday School of Community Languages
2. Dictionary
2.1 "Aboriginal
Student Liaison Officer" means a person or teacher who has been
temporarily appointed to the position of Aboriginal student liaison officer.
2.2 "Alternate
Mode Course" means a course of teacher training other than a course
completed by full time study with a higher education institution.
2.3 "Alternate
Period" means a period taught by a teacher being a period other than a
period which the teacher is normally timetabled to teach and where the need for
the period to be taught arises from the absence from duty on leave of another
teacher.
2.4 "Assistant
Principal" means a teacher who is appointed as such to assist a principal
of a school in the management of the school.
2.5 "Casual
Teacher" means a teacher engaged on an hourly or daily rate of pay in the
Teaching Service.
2.6 "Conditionally
Trained Teacher (C)" means a teacher whose approval to teach is
conditional upon completion of additional educational requirements prescribed
by the Director-General.
2.7 "Core
Hours" means the normal daily hours of operation of a school during which
classes are conducted and in a high or central school includes a daily core
timetable of eight periods, or the time equivalent.
2.8 "Degree"
means a course of study in a higher education institution leading to a degree
as described in the Australian Qualifications Framework as at 1 January 1995.
2.9 "Department"
means the Department of Education and Communities.
2.10 "Deputy
Principal" means a teacher appointed as such who is the deputy to the
principal in a school and who acts as substitute in the absence of the
principal, and is required to assist generally in the management of the school
and, as required, in the special duties of the principal.
2.11 "Diploma"
means a course of study in a higher education institution leading to a diploma
as described in the Australian Qualifications Framework as at 1 January 1995.
2.12 "Director-General"
means the Director-General of Education and Communities.
2.13 "Distance
Education Centre" means a school established to provide full time or part
time programs of secondary or primary courses to students who cannot normally
attend on a daily basis. Provided that
distance education centres can be either stand alone schools or centres
attached and integrated into an existing school.
2.14 "District"
means a group of schools.
2.15 "District
Guidance Officer'' means an officer appointed as such in a school district(s)
or a group of schools who is responsible to the Director-General or nominee for
the guidance service within the district(s) or group of schools.
2.16 "Education
Officer" means an officer appointed as such, provided that for appointment
the officer shall have an appropriate degree from a higher education
institution or other qualifications and experience which the Director-General determines
as satisfying requirements.
2.17 "Employee"
means a person employed in a classification covered by this award by the
Director-General or delegate under the provisions of the Teaching Service Act
on a permanent or temporary basis.
2.18 "Environmental
Education Centre" means a teaching and learning facility operated by the
Department which students attend to participate in educational programs
relevant to all primary and secondary key learning areas and/or to receive
specific instruction in field work, and which provides support to schools in
implementing environmental education.
2.19 "Equivalent"
when referring to qualifications means those qualifications deemed by the
Director-General to be equivalent to specified qualifications.
2.20 "Executive
Principal, Connected Communities" means a person or officer employed
temporarily under the provisions of the Teaching Service Act, 1980 to
lead the schools selected by the Department to participate in the Connected
Communities strategy for the period of the operation of that strategy.
2.21 "Executive
Director Connected Communities" means a person who is responsible for
leadership and implementation of the Connected Communities strategy in the
Department.
2.22 "Federation"
means the New South Wales Teachers Federation.
2.23 "Five Year
Trained Teacher (5YT)" means a teacher who has obtained a degree and
teaching qualifications from a higher education institution which together
require a minimum of five years full time study. Any period of training in excess of that normally required to
complete such a course shall not be deemed to be a training period for the
purposes of any other definition.
2.24 "Four Year
Trained Teacher (4YT)" means a teacher who has:
2.24.1 obtained a degree
from a higher education institution and has, in addition, satisfactorily
completed a teacher education qualification of at least one year's duration at
a higher education institution; or
2.24.2 completed a four
year teacher education degree from a higher education institution; or
2.24.3 completed such
other course(s) which the Director-General determines as satisfying
requirements for classification as a teacher.
2.25 "General
Secretary" means the General Secretary of the Federation.
2.26 "Graduate"
means a person who has obtained a degree from a higher education institution or
possesses qualifications determined by the Director-General to be equivalent to
such a degree.
2.27 "Graduate
Diploma" means a course of study in a higher education institution leading
to a graduate diploma as described in the Australian Qualifications Framework
as at 1 January 1995.
2.28 "Head
Teacher" means a teacher who is appointed as such in a high school,
distance education centre or central school, and is responsible to the
principal for the program of work in a designated subject or learning area and
the coordination of the work of classes in that area. The head teacher also exercises supervision over and gives advice
and direction, when necessary, to other teachers in the subject or learning area
in addition to their teaching duties.
Provided that head teachers may be appointed with specific designated
responsibilities, including:
2.28.1 Head teacher
(female students) advises female school students and promotes their interests
in a high school or a secondary department of a central school where the
enrolment of female school students in the school or department exceeds 500.
2.28.2 Head teacher
(welfare) assists the principal and or deputy principal in the area of student
welfare. Head teacher (welfare)
includes head teacher (welfare) - residential agricultural high schools.
2.28.3 Head teacher
(administration) is responsible for assigned duties associated with the general
administration of the school.
2.29 "Higher
Education Institution" means a university or other tertiary institution
recognised by the Director-General which offers degrees, diplomas or teacher
education courses.
2.30 "Highly
Accomplished Teacher" means a person or officer employed temporarily by
the Department pursuant to the provisions of the Teaching Services Act, 1980
under the period of the National Partnerships on Improving Teacher Quality and
Low Socio Economic Status School Communities.
2.31 "Home School
Liaison Officer" means a person or teacher who has been temporarily
appointed to the position of home school liaison officer.
2.32 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales, established by the Industrial Relations Act 1996.
2.33 "In Lieu of
Duties" means duties undertaken by a teacher for a teacher absent from the
classroom on duty elsewhere or performing other duties when that teacher is
relieved of part of their regular face to face teaching load through variations
in school organisation.
2.34 "Officer"
means and includes all persons permanently employed in the Teaching Service
under the provisions of the Teaching Service Act and who, on the date of
commencement of the award, were occupying one of the positions covered by the
award or who, after that date, are appointed to one of these positions.
2.35 "Parties"
means the Department and the Federation.
2.36 "Period"
means, in a high or central school, a 40 minute teaching period.
2.37 "Principal"
means a teacher appointed as such to be responsible for the management,
organisation, administration, supervision and efficiency of a school and all
departments in a school. A principal
does not include a teacher in charge of a school.
2.38 "Residential
Agricultural High School" means a school classified as such by the
Director-General.
2.39 "School"
means a Department school or other centre, where instruction is provided by the
Department, excluding an institute and including any place designated as part
of, or as an annex to, such school.
2.40 "School
Counsellor" means a teacher with an equivalent of four years training and
a major in psychology who has responsibility for providing schools with advice
and support in matters relating to student academic and personal development,
welfare and discipline and provides psychological and other testing as
required.
2.41 "Schools for
Specific Purposes" (SSPs) for the purpose of the award are schools which
are classified as such by the Director-General and are established under the Education
Act 1990 to provide education for students with disabilities as listed in
subclause 2.48.
2.42 "Senior
Assistant" means a two or three year trained teacher who has been
classified as a senior assistant on or before 1 January 1973 and who is
employed in a school providing secondary education.
2.43 "Service"
means continuous service, unless otherwise specified in the award.
2.44 "Supervisor
of Female Students" means a female teacher appointed as such to advise
female students and to promote their interests in a high school or secondary
department of a central school where the school or department does not qualify
for the appointment of a head teacher (female students).
2.45 "Teacher"
means a person or officer employed permanently or temporarily in a full time or
part time teaching position under the provisions of the Teaching Service Act
1980 and appointed to a school.
Unless otherwise specified in the award, a teacher shall include a
school teacher in training.
2.46 "Teacher in
Charge (Schools)" means a teacher in charge of a centre not designated as
a school determined by the Director-General where a principal is not appointed.
2.47 "Teacher in
Charge of Residential Supervision of Agricultural High Schools" means a
teacher selected by the principal to be responsible for the supervision and
administration of additional duties relating to school student residence in
residential agricultural high schools.
2.48 "Teacher in
Training (Schools)" means a graduate recruited to train as a teacher
through an alternate mode course.
2.49 "Teachers of
Students with Disabilities" means school teachers appointed to schools for
specific purposes, or support classes in primary or high schools established to
provide education for students with disabilities and including appointments as
itinerant support teacher, as follows:
2.49.1 students with:
mild intellectual disabilities (IM); moderate intellectual disabilities (IO);
severe intellectual disabilities (IS); behaviour disorders (BD); emotional
disabilities (ED); hearing impairments (H); language disabilities (L); physical
disabilities (P); severe reading (R), vision impairments (V); and
2.49.2 students in: an
early childhood intervention program (EC); hospital schools, Royal Far West
School, Stewart House (W); and community care programs (CT).
2.50 "Teaching
Service Act" means the Teaching Service Act 1980.
2.51 "TAFE"
means the New South Wales Technical and Further Education Commission.
2.52 "Temporary
Teacher" means a person employed in one engagement full time for four
weeks or more or in one engagement for one to four days per week for two terms
or more.
2.53 "Temporary
Employee" means and includes all persons employed on a temporary basis,
other than on a casual or part time casual basis under the Teaching Service
Act 1980.
2.54 "Trained
Teacher" means a teacher who has
satisfactorily completed a prescribed course of training at a higher education
institution, or such other course or courses which the Director-General
determines as satisfying requirements for classification as a teacher.
2.55 "Two Year
Trained Teacher (2YT) or Three Year Trained Teacher (3YT)" means a teacher
who has satisfactorily completed a prescribed course of teacher education of
two or three years duration respectively at a higher education institution, or
such other course or courses which the Director-General determines as
satisfying requirements for classification as a school teacher.
2.56 "Year
Adviser" means a teacher appointed to assist Year 7-12 students in every
high school or every central school which has a secondary department.
2.57 "Year 12
Relieving Period" means a relieving period required to be undertaken by a
teacher when that school teacher has been relieved of their timetabled Year 12
face to face teaching duties after Year 12 students leave school to sit for the
Higher School Certificate Examination in Term 4 of each year.
3. Salaries
3.1 Salaries and
rates of pay shall be paid in accordance with this clause and Schedules 1, 4,
5, 6 and 10 and will be increased by 2.5% from the first pay period commencing
on or after 1 January 2013.
3.2 Allowances under
this award will be increased by 2.5% from the first pay period commencing on or
after 1 January 2013.
3.3 Subject to the
provisions of the Teaching Service Act 1980 and the regulations made
thereunder and to satisfy the conditions prescribed by this award, the salaries
of the following officers and temporary employees are set out in Schedules 1,
4, 5 and 6.
Classification
|
Schedule
|
Teachers, education officers, home school liaison
officers,
|
|
Aboriginal student liaison officers, counsellors
|
Schedule 1
|
Promotion classifications in schools and non school based
Teaching Service
|
|
classifications salary scales.
|
Schedule 4
|
3.4 Except as
otherwise provided under the Department’s salary packaging scheme as set out in
clause 8, Salary Packaging, employees in Schedules 1, 4, 5 and 6 must be paid
at an annual salary level not less than that for the appropriate
classification.
3.5 Minimum salaries
on commencement of employment and maximum salaries under the common incremental
salary scale in Schedule 1 are set out in the table below:
Classification
|
Minimum starting
salary
|
Maximum salary
|
|
(new step)
|
(new step)
|
2YT school teachers
|
Step 2
|
Step 13
|
3YT school teachers
|
Step 3
|
Step 13
|
4YT school teachers
|
Step 5
|
Step 13
|
5YT school teachers
|
Step 6
|
Step 13
|
C2YT school teachers
|
Step 2
|
Step 6
|
C3YT school teachers
|
Step 3
|
Step 6
|
C4YT school teachers
|
Step 5
|
Step 9
|
C5YT school teachers
|
Step 6
|
Step 9
|
Education officers and
|
|
|
Aboriginal student liaison officers:
|
|
|
Non graduates
|
Step 3
|
Step 13
|
Graduates without teacher training
|
Step 4
|
Step 13
|
Graduates with teacher training
|
Step 5
|
Step 13
|
Graduates with five years of
|
Step 6
|
Step 13
|
training
|
|
|
Teachers in training
|
Step 1
|
Step 1
|
NOTE: Conditionally trained teachers (C) remain on
first step of the appropriate incremental scale for the first two years of
service, before progressing to the appropriate maximum step by annual
increments.
3.6 Subject to
clause 6, Salary Progression and Maintenance, clause 21, Calculation of Service
officers and temporary employees shall progress without change to their
incremental date by way of annual increments to Step 13 on the common
incremental salary scale as set out in Schedule 1.
3.7 Two and three
year trained school teachers may vary their incremental date and rate of
progression if they satisfy conditions contained in subclauses 3.8, 3.9, 3.10
and 3.11 of this clause.
3.8 A two year
trained teacher who successfully completes studies which satisfy requirements
for a three year teacher education degree or diploma shall progress to that
step on the common incremental salary scale that the teacher could have
achieved had the teacher entered the Teaching Service as a three year trained
teacher. Subject to clause 6, Salary
Progression and Maintenance, these teachers shall then progress along the
common incremental salary scale on the anniversary of the first day of the
month following the successful completion of the required study.
3.9 A two year
trained teacher who successfully completes one year of full time recognised
degree level study or its equivalent shall be paid a double increment with
retention of normal incremental date.
On reaching Step 9 of the common incremental salary scale, such a
teacher shall be deemed a three year trained teacher and, subject to clause 6,
Salary Progression and Maintenance may progress by annual increments to the top
step of the common incremental salary scale.
3.10 A three year
trained teacher who successfully completes one year of full time recognised
degree level study or its equivalent shall progress one increment on the common
incremental salary scale, effective from the first day of the month following
the successful completion of the required study.
3.11 A three year
trained teacher who completes:
3.11.1 a graduate diploma
of at least one year of full time study or its part time equivalent; or
3.11.2 part of a degree
course or an equivalent course of study as determined by the Director-General
which results in the teacher having attained an academic standard equivalent to
that of a four year trained teacher,
shall progress to the step on the common incremental
salary scale that the teacher could have achieved had the teacher entered the
Teaching Service as a four year trained teacher. The salary progression shall be effective from the first day of
the month following the successful completion of the required study.
3.12 In relation to
promotions classifications in schools, the following shall apply:
3.12.1 The position of
principal in a primary school shall be classified as follows:
Classification of Principal
|
Student Enrolments
|
PP6
|
1 - 25
|
PP5
|
26 - 159
|
PP4
|
160 - 300
|
PP3
|
301 - 450
|
PP2
|
451 - 700
|
PP1
|
701+
|
3.12.2 Principals shall
only be appointed to hospital schools when specifically approved by the
Director-General.
3.12.3 Promotions
positions in schools for specific purposes shall receive the same salary as
applicable to similar positions in primary schools. Provided that, in determining the principal's salary, the school
student enrolment numbers shall be notionally determined by multiplying the
permanent full time teaching staff by 30.
Teaching staff for this purpose does not include employees, including
the principal, who are not required to undertake face to face teaching duties.
3.12.4 The salary payable
to principals of stand alone distance education centres shall be equivalent to
those paid to principals of primary schools.
Provided that to determine the student enrolment numbers for the purpose
of determining the classification of a principal of a stand alone distance
education centre, the actual number of each category of student shall be
multiplied by the following factors to determine notional student numbers:
Category of Student
|
Factor
|
Primary students
|
2.14
|
Secondary students - integrated
|
2.46
|
Secondary students - stand alone
|
1.8
|
Students at the Open High School,
|
|
each unit of study per student
|
6 x 1.89
|
Pre-school students
|
1.38
|
Students with disabilities
|
2.7
|
3.12.5 The position of
principal in a central school shall be classified as follows:
Classification of Principal
|
Student Enrolments
|
PC4
|
26 - 159
|
PC3
|
160 - 300
|
PC2
|
301 - 450
|
PC1
|
451+
|
3.12.6 The position of
principal in a high school shall be classified as follows:
Classification of Principal
|
Student Enrolments
|
PH2
|
1 - 900
|
PH1
|
More than 900
|
3.13 Where the actual
enrolment used to determine the classification of a principal's position in
subclause 3.14 either increases or decreases so that the principal's position
would be reclassified, then the variation in the principal's classification
shall not be effected until the enrolment is such that it has fallen within the
new student enrolment band for a period of two consecutive years.
4. Deduction of Union
Membership Fees
4.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
4.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
4.3 Subject to 4.1
and 4.2 above, the employer shall deduct union fortnightly membership fees from
the pay of any employee who is a member of the union in accordance with the
union’s rules, provided that the employee has authorised the employer to make
such deductions.
4.4 Monies so
deducted from employees’ pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
4.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
4.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
5. Allowances
5.1 Allowances shall
be paid in accordance with this clause and Schedules 2 and 3. Allowances in
terms of Schedule 2 shall be paid to officers and or temporary employees in the
circumstances set out in subclauses 5.2 to 5.7 inclusive.
5.2 In lieu of
evening work, weekend work, travel time (where applicable) and all additional
duties and responsibilities involved to:
5.2.1 Home school
liaison officers and Aboriginal student liaison officers.
5.2.2 Teachers in
charge
5.2.3 Year advisers.
5.2.4 Teachers required
by the Director-General to have a Health Education Certificate.
5.2.5 Teachers other
than the principal appointed to teach classes of students with disabilities.
5.2.6 Principals of
schools designated by the Director-General as schools for specific purposes.
5.2.7 The Principal of
Stewart House.
5.2.8 The Assistant
Principal of Stewart House.
5.2.9 The deputy
principal (primary) or assistant principal of a central school.
5.3 In demonstration
schools to:
5.3.1 principals -
class PP1;
class PP2;
5.3.2 other promotions
positions; and
5.3.3 trained teachers.
5.4 In schools where
there is a requirement for demonstration lessons to be taken to:
5.4.1 teachers, for
each demonstration lesson in excess of two in any term actually given by them;
and
5.4.2 teachers at any
other school at which demonstration lessons are given in respect of authorised
demonstration lessons for:
each half hour lesson; or
each 40 minute lesson involving secondary students.
5.4.3 provided that
payments made to teachers under paragraphs 5.4.1 and 5.4.2 of this subclause
are subject to a maximum per annum payment; and for the purpose of this
subclause a demonstration lesson shall mean a lesson authorised by or on behalf
of a university given to student teachers, or a lesson given to another group
approved by the Director‑General.
5.5 In residential
agricultural high schools to:
5.5.1 teachers rostered
for out of normal hours student supervision;
5.5.2 head teacher
(welfare) for residential supervision;
5.5.3 a teacher
appointed to be in charge of residential supervision;
5.5.4 principals for on
call and special responsibilities; and
5.5.5 deputy principals
for on call and special responsibilities.
5.6 To supervisors
of female students:
5.6.1 Where the average
attendance of female students does not exceed 200;
5.6.2 Where the average
attendance of female students exceeds 200 but does not exceed 400;
5.6.3 Where the average
attendance of female students exceeds 400.
5.7 Education
officers who have been on top of their appropriate salary scale for a period of
twelve months and have demonstrated to the satisfaction of the Director-General
by the work performed and results achieved, the aptitude, abilities and
qualities warranting such payment shall receive an additional payment as set
out in Schedule 2 and, after a further twelve months, an additional allowance
of the same amount.
5.8 Locality and
related allowances shall be paid as set out in Schedule 3.
5.9 To Executive
Principals, Connected Communities as set out in Schedule 2 subject to the:
5.9.1 completion by the
Executive Principal, Connected Communities of five (5) years of service in that
position; and
5.9.2 satisfactory
performance of the Executive Principal, Connected Communities in that position
at the end of the five year period as determined by the Executive Directed,
Connected Communities; and
5.9.3 on completion of
each subsequent five years of service in that position subject to the
provisions of 5.9.2 above.
6. Salary Progression
and Maintenance
6.1 An officer shall
be entitled to progress along or be maintained on the common incremental salary
scale or the salary level for a promotions position after each 12 months of
service subject to the officer demonstrating by means of an annual review,
continuing efficiency in teaching practice, satisfactory performance and
professional growth. Salary progression
may also occur in accordance with the provisions of subclauses 3.7, 3.8, 3.9,
3.10 and 3.11 of clause 3, Salaries.
6.2 A temporary
teacher shall be entitled to progress along or be maintained on the common
incremental salary scale subject to the provisions of subclause 22.4 of clause
22, Temporary Teachers.
6.3 A temporary
teacher relieving in a PP6 or Principal - Environmental Education Centre or
Hospital School or Grade 1 position under clause 24, Relief in PP6 or Principal
- Environmental Education Centre or Hospital School or Grade 1 Grade One Positions,
shall be entitled to be maintained at that salary level subject to the
provisions of subclause 22.4 of clause 22, Temporary Teachers.
7. Teacher Quality
7.1 To provide
feedback on an officer or temporary employee’s performance each officer or
temporary employee’s principal, supervisor or nominee shall ensure that the
teacher’s performance is appraised by annual review. This appraisal implemented
from the beginning of term four, 2000 for school teachers and in 2005 for non
school based teaching service staff continues in force as follows:
7.1.1 The officer or
temporary employee’s principal, supervisor or nominee shall be responsible for
annually reviewing the performance and development of the officer or temporary
employee undertaking their work.
7.1.2 For teachers in
schools (including temporary teachers) this annual review shall be supported
by:
(i) conferences
between the school teacher and the principal, or nominee;
(ii) observations
of educational programs;
(iii) review of
documentation such as lesson planning, lesson material and student work, plans,
evaluations and reports, as appropriate;
7.1.3 In implementing
the annual review the principal (or nominee) shall take into account the
following:
(i) the level of
experience of the teacher (so that less experienced teachers are given greater
attention); and
(ii) the particular
circumstances of the school.
7.1.4 For non school
based teaching service staff (including temporary staff) this annual review
shall be supported by:
(i) conferences
between the non school based teaching service officer and the regional
director, state office director or school education director (or nominee);
(ii) observations
of work programs;
(iii) review of
documentation, as appropriate.
7.1.5 In implementing
the annual review the regional director, state office director or school
education director (or nominee) will take into account the following:
(i) the level of
experience of the non school based teaching service officer (so that less
experienced officers are given greater attention); and
(ii) the particular
circumstances of the workplace.
7.1.6 The annual review
for teachers shall be reported by way of the teacher assessment review schedule
implemented under the Crown Employees (Teachers in Schools and Related
Employees) Salaries and Conditions Award published 29 May 2009 (368 I.G.73).
7.1.7 The annual review
for non school based teaching service staff shall be reported by way of the
teacher assessment and review schedule contained in the Department’s Memorandum
DN/11/00040, Non School Based Education Teaching Service Officer Assessment and
Review Schedule.
7.1.8 An Executive
Assessment and Review Schedule will be established to provide for the annual
assessment and review of deputy principals, assistant principals and head
teachers for implementation in 2009.
7.1.9 The parties agree
to negotiate on variations, if any, to the policies and procedures in place at
the commencement date of the award relevant to annual review of teacher
performance.
8. Salary Packaging
8.1 For the purposes
of this clause "salary" means the salary or rates of pay prescribed
by Schedules 1, 4, 5 and 6 of this award and any allowances paid to an employee
which form part of the employee’s salary for superannuation purposes.
8.2 An employee may,
by agreement with the employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
8.3 Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of salary available to be packaged. Such payroll deductions may include
but are not limited to, compulsory superannuation payments, HECS payments,
child support payments, judgment debtor/garnishee orders, union fees, health
fund premiums.
8.4 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the employee and employer, will be provided in a separate
written agreement, in accordance with the Department’s salary packaging
guidelines. Such agreement must be made prior to the period of service to which
the earnings relate.
8.5 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
8.5.1 any fringe
benefits tax liability arising from a salary packaging arrangement; and
8.5.2 any
administrative fees.
8.6 Where the
employee makes an election to salary package the following payments made by the
employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
8.6.1 Superannuation
Guarantee Contributions;
8.6.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
8.6.3 payments made in
relation to accrued leave paid on termination of the employee’s employment or
on the death of the employee.
9. Initial
Appointments
9.1 The initial
appointment of all officers shall be for a minimum probationary period of one
year. Confirmation of an officer’s permanent appointment shall depend on
completion of a satisfactory annual review pursuant to clause 6, Salary
Progression and Maintenance and in the case of teachers, upon satisfactory
completion of teacher training requirements.
9.2 All initial
appointments shall be on the basis of merit.
10. Teaching in More
Than One Location
10.1 Teachers may be
programmed to teach in more than one location including TAFE.
10.1.1 Where this occurs
there shall be full consultation with the affected teacher or teachers,
including sufficient notice and any specific needs of the affected teacher or
teachers shall be taken into account.
10.1.2 A teacher who is appointed to a school and is
programmed to teach in more than one school or at TAFE shall be entitled to the
travel compensation provisions at Part B of Schedule 7, Excess Travel and
Compensation for Travel on Official Business.
10.1.3 If, by agreement,
teachers teach after 5.30pm in a TAFE location they shall receive the monetary
equivalent of the time credit provided for TAFE teachers, that is payment at a
rate of 1.25 times the hourly rate for the teacher so engaged. The formula for calculating the hourly rate
of the teacher shall be:
Annual Salary
|
x
|
5
|
x
|
1
|
|
|
260.8929
|
|
30
|
11. Deferred Salary
Scheme
11.1 Officers may seek
to join the Department’s deferred salary scheme.
11.2 Successful
applicants may defer twenty per cent of their salary for the first four years
and be paid the deferred salary in the fifth year.
11.3 The deferred
salary scheme does not apply to temporary teachers.
12. Compensation for
Travel on Department Business
12.1 Where an employee
is required and authorised to travel on Department business in the performance
of their duties, compensation for travel shall be determined in accordance with
the provisions of Schedule 7 - Excess Travel and Compensation for Travel on
Official Business.
13. Assessment and
Reporting and Quality of Educational Outcomes
13.1 The following
shall be implemented:
13.1.1 annual school
reports and associated school self-evaluation and improvement programs;
13.1.2 school development
policy;
13.1.3 the Higher School
Certificate;
13.2 These shall be
subject to the protocols agreed to in 1997 in relation to Annual School
Self-Evaluation, Annual School Reporting and external test data (contained in
Matter No. IRC 3925/97 as tabled in the Industrial Relations Commission).
13.3 The parties agree
to negotiate on variations, if any, to the policies and procedures in place at
the commencement of the award, relevant to annual school reports, school
self-evaluation committees and school reviews.
14. Teacher
Performance Management
14.1 The Teacher
Improvement Program procedures will continue.
15. Teaching Hours
for Years 11 and 12
15.1 The purpose of
this clause is to increase the delivery of Vocational Education and Training in
schools and to enhance the curriculum opportunities available for post
compulsory secondary students arising from the new Higher School Certificate.
15.2 A secondary
school shall have core hours sufficient to operate an eight by 40 minute period
timetable per day (or its equivalent).
15.3 A principal shall
arrange for timetabling of classes for the year (or other period over which a
school’s timetable may apply) to maximise the extent to which the curriculum
preferences of Year 11 and 12 students can be satisfied to meet the purpose
expressed in subclause 15.1 above.
15.4 In addition to
the core hours a principal may timetable classes for Years 11 and 12 outside
core timetable hours between 7.30am and 5.30pm Monday to Friday, where not to
do so would unnecessarily restrict Year 11 and 12 student course choice,
provided that:
15.4.1 the principal has
consulted with the school community; and
15.4.2 has taken into
account the issues of course access for Year 11 and 12 students, parental
concerns and practical matters relating to the operation of classes at such
times.
15.5 A teacher shall
not unreasonably refuse to teach classes at this time.
15.6 Provided that the
overall hours of duty of the school teacher shall not be exceeded, a teacher
timetabled in accordance with this clause and working beyond the core timetable
hours shall be entitled to an equivalent period of core timetabled time off
during the week for the time beyond the core time so taught. Wherever possible, the time off should be at
the beginning or end of the core hours of the school day.
15.7 A teacher shall
not be required to be timetabled both before and after the core hours on any
given day.
16. Allocation of
Duties in High Schools
16.1 Teachers (other
than teachers in training), head teachers and deputy principals in high schools
may be required to teach the following periods (or their time equivalent):
|
Teaching periods
|
Periods per week,
as determined
|
Classification
|
per week
|
by the principal,
for sport
|
|
|
(refer to subclause
16.6)
|
Teachers in High Schools
|
28
|
up to 3
|
Head Teachers in High Schools
|
22
|
up to 3
|
Deputy Principals in High Schools
|
14
|
up to 3
|
16.2 A principal may
require a teacher (other than a teacher in training), head teacher or deputy
principal in high schools to relieve an absent colleague by working the
following alternate periods as defined in clause 2.3:
Classification
|
Additional
Alternate Periods per term
|
Teachers in High Schools
|
Up to 6
|
Head Teachers in High Schools
|
Up to 5
|
Deputy Principals in High Schools
|
Up to 3
|
16.3 Provided that
such alternate periods shall be allocated:
16.3.1 with due regard to
the non teaching duties required to be performed by the teacher, head teacher
or deputy principal; and
16.3.2 as far as possible
to a teacher, head teacher or deputy principal in the same faculty as that of
the absent teacher.
16.4 Nothing in
subclauses 16.1 to 16.3 shall preclude a teacher from working school generated
or other alternate periods on a voluntary basis where the exigencies of the
work and the welfare of the students so require.
16.5 Teachers may, at
the discretion of the principal, be required to take "in lieu of"
classes as defined in subclause 2.33.
16.6 In lieu of
requiring a teacher to supervise sporting activity in accordance with subclause
16.1 of this clause, a principal of a school, with the agreement of the teacher
or teachers concerned, may make provision for that teacher or teachers to
undertake two periods of alternate face to face teaching duties during weekdays
or to undertake sports supervision on weekends.
16.7 A principal may
require all teachers with Year 12 classes to take, from the time Year 12
students leave to sit for their Higher School Certificate examinations in Term
4 of each year, up to 50 per cent of their timetable load of Year 12 classes as
Year 12 relieving periods. So far as
possible, periods shall be allocated to a teacher in the same faculty as that
of the absent teacher.
17. Teaching Outside
Normal School Hours
17.1 A principal, with
the agreement of the teacher or teachers concerned, may make provision for
timetabling of certain classes other than Years 11 and 12 classes beyond the
core hours of operation of a school and for teachers to work within those
extended hours. Provided that the
overall hours of duty of the teacher shall not be exceeded.
17.2 A teacher
commencing or finishing duty before or after the required attendance for the
core hours at the school, shall be entitled to an equivalent period of time off
during the week. Wherever possible, the
time allocated in lieu of extended duty should be at the beginning or end of
the core hours of the school day.
18. Alternative Work
Organisation
18.1 Except as
provided in clause 10, Teaching in More Than One Location; clause 15, Teaching
Hours for Years 11 and 12; or clause 17, Teaching Outside Normal School Hours:
18.2 The parties agree
to provide options which facilitate alternative work organisations in schools.
18.3 Teaching staff in
a school or other workplace may seek to vary its organisation in order to
improve students' learning conditions and or to improve teachers' working
conditions, provided that:
18.3.1 the proposal can
be implemented within the school's or workplace's current staffing entitlement;
18.3.2 the proposal has
the concurrence of the principal (or other responsible officer) and the
majority of the staff;
18.3.3 the teachers directly
affected by the proposal concur;
18.3.4 consultation with
staff, parents, students and relevant community groups is undertaken where
appropriate;
18.3.5 consideration is
given to equity and gender and family issues involved in the proposal;
18.3.6 proposed
variations in work arrangements are in writing and approved by the
Director-General or nominee and Federation organiser or state office director
and senior officer of the Federation, prior to implementation;
18.3.7 if either party
believes that the proposed variation in work organisation is in conflict with
the provisions of the award, then the proposal shall be forwarded to the
Alternative Work Organisation Committee, consisting of two senior officers of
the Department and of the Federation, or nominees, to review the proposals
developed;
18.3.8 where the
Alternative Work Organisation Committee considers a proposed variation in work
arrangements which complies with 18.3.1 to 18.3.6 above conflicts with the
provisions of the award the parties may apply to the Industrial Relations
Commission to vary the award by consent; and
18.3.9 the parties agree
to continue to trial and review pilots on work organisation in schools arising
from proposals under the National Schools Network.
19. Teachers Appointed
to More Than One School
19.1 Where in any
school a teacher cannot be, or has not been, allocated a complete teaching load
the teacher may be appointed to teach in more than one school. Such teachers
include teacher librarians and teachers of English as a second language.
19.2 A teacher
appointed to two or more schools shall be entitled to the travel compensation
and excess travel provisions of Part A of Schedule 7, Excess Travel and
Compensation for Travel on Official Business.
20. Qualifications,
Recruitment and Training
20.1 The minimum
academic qualifications, vocational experience and or industrial experience and
teacher training requirement for appointment as a teacher or other officer
shall be determined by the Director-General.
20.2 The Director-General
shall determine the procedures and mode of appointment for the recruitment of
teachers from persons with an appropriate mix of academic qualifications,
teacher training and or industry/vocational experience during or prior to the
completion of appropriate academic qualifications or teacher training.
21. Calculation of
Service
21.1 In calculating
the years of service for the purposes of this award, the following shall not be
taken into account:
21.1.1 any time period
during which an employee is not eligible to progress by reason of failure to
satisfy any condition attaching to salary progression under this award;
21.1.2 any leave of
absence without pay exceeding five days in any year of service;
21.1.3 any time period
necessary to give full effect to a reduction in salary imposed by the
Director-General under the provisions of the Teaching Service Act 1980.
22. Temporary
Teachers
22.1 From January
2001, temporary teachers were entitled to pro rata salary and conditions of
permanent teachers, other than the provisions at clause 11, Deferred Salary
Scheme.
22.2 The Department
will maintain the following practice: when a teacher has occupied a single
substantive part time position for more than two years and it is expected that
the position will continue, the teacher may apply for conversion to permanent
part time status in that position.
22.3 The Department
will seek to maximise the filling of vacancies in schools by the appointment of
permanent teachers, including permanent part time teachers, where reasonably
practical.
22.4 Subject to the
provisions of clause 21, Calculation of Service and the temporary teacher
demonstrating by means of an annual review, continuing efficiency in teaching
practice, satisfactory performance and professional growth, a temporary teacher
shall be entitled to be maintained on the salary level for a promotions
position or to progress to the next step of the common incremental salary scale
in Schedule 1 following the completion of:
22.4.1 203 days of
service as a temporary teacher irrespective of breaks in that service; or
22.4.2 an appointment,
full time, for a full school year.
23. Casual Teachers
23.1 The rates of pay
for casual teachers are set out in Schedule 5, Table 1 and Table 2.
23.2 The daily hours
of engagement for a casual teacher, which shall be worked continuously, shall
be six and one half hours per day, including a 30 minute break during those
hours.
23.3 The minimum daily
engagement for casual teachers shall be two hours.
23.4 Where a casual
teacher relieves a teacher who has been timetabled to teach as provided in
clause 15, Teaching Hours for Years 11 and 12, then the provisions of subclause
15.6 and 15.7 of that clause shall apply to the casual teacher provided that
the time off can be taken either at the beginning or end of the six and one
half hour period of daily engagement of the casual teacher.
23.5 Where a casual
teacher reports to a school for duty on any day on the basis of a request by an
authorised officer and is then advised that their services are not required,
the casual teacher shall be entitled to receive payment for one half of one
day’s pay at the appropriate rate in Schedule 5, Table 1 and Table 2.
23.6 The rates of pay
of casual teachers are loaded by 5 per cent to be inclusive of the following
incidents of employment: sick leave, family and community service leave,
special leave and leave loading.
Entitlements under the Long Service Leave Act 1955 and Determination 5
of 2006,Casual School Teachers
Adoption, Bereavement, Maternity, Parental and Personal Carer’s
Entitlements or its successor, are not affected.
23.7 On completing 203
days of casual teacher service, irrespective of breaks in that service, a
casual teacher shall progress to the next daily rate of pay pursuant to their
classification contained in Schedule 5, Table 1 and Table 2.
24. Relief in Pp6 Or
Principal - Environmental Education Centre Or Hospital School Grade 1
24.1 Where the
qualification period for the payment of higher duties is satisfied:
24.1.1 a casual teacher
relieving in a PP6 position or as a Principal - Environmental Education Centre
or Hospital School Grade 1 in excess of ten days shall be paid the daily rate
equivalent as set out in Schedule 5, Table 3; and
24.1.2 a temporary teacher
relieving in a PP6 position or as a Principal - Environmental Education Centre
or Hospital School Grade 1 shall be paid the salary of the position on a pro
rata basis.
24.2 Where a PP6
position or a position as a Principal - Environmental Education Centre or
Hospital School Grade 1 has been advertised and there are no available officers
in the Teaching Service who apply for the position, then a casual teacher or a
temporary teacher who meets the merit selection criteria may be appointed to
the PP6 or Principal - Environmental Education Centre or Hospital School Grade
1 on a temporary basis for the remainder of the year.
25. Training and
Development
25.1 The
Director-General shall schedule each year two days during school time for the
purpose of system and school training and development.
25.2 The
Director-General shall approve additional periods during school time for
training and development of staff in some system priorities.
25.3 The
Director-General shall also provide a program of training and development
opportunities for staff outside of school hours.
26. Multi Skilling
26.1 Subject to
appropriate qualifications, training and taking into account a teacher’s long
term career path opportunities, the Director-General may make provisions for teachers
to extend or vary classifications on a temporary or permanent basis for:
26.1.1 primary teachers
to teach Years 7 and 8 and secondary teachers to teach Years 5 and 6 classes;
26.1.2 secondary teachers
to teach across subject areas in high schools; and
26.1.3 secondary or
primary teachers to teach in subject areas covered by their qualifications,
notwithstanding faculty organisations.
26.2 The
Director-General shall:
26.2.1 identify such
other long term and short term priority areas for multi skilling to meet the
needs of the Department; and
26.2.2 designate any
appropriate qualifications and training or course accreditation requirements.
26.3 To retrain
teachers for identified priority areas, the Director-General shall establish
appropriate retraining courses of appropriate content and duration.
27. Duties as
Directed
27.1 The
Director-General or delegate, nominee or representative may direct an employee
to carry out such duties as are within the limits of the employee’s skill,
competence and training consistent with the classifications covered by the
award and provided that such duties are not designed to promote deskilling.
27.2 The
Director-General may direct an employee to carry out such duties and use such
tools, materials and equipment as may be required, provided that the employee
has been properly trained in the use of such tools, materials and equipment.
27.3 Any directions
issued by the Director-General pursuant to subclauses 27.1 and 27.2 shall be
consistent with the Director-General’s responsibility to provide a safe and
healthy working environment.
28. Other Part Time
Rates of Pay
28.1 Part time rates
of pay in schools shall be paid in terms of Schedule 6.
29. Home School
Liaison Officers and Aboriginal Student Liaison Officers - Special Conditions
29.1 Special
conditions covering home school liaison officers and Aboriginal student liaison
officers are set out in Schedule 8.
30. Teachers in
Residential Agricultural High Schools - Special Conditions
30.1 Special
conditions covering teachers at residential agricultural high schools are set
out in Schedule 9.
31. Dispute
Resolution Procedures
31.1 Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
31.1.1 Should any dispute
(including a question or difficulty) arise as to matters occurring in a
particular workplace, then the employee and or the Federation’s workplace
representative shall raise the matter with the appropriate principal or
supervisor as soon as practicable.
31.1.2 The principal or
supervisor shall discuss the matter with the employee and or the Federation’s
workplace representative within two working days with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
31.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute or should the
matter be of a nature which involves multiple workplaces, then the employee and
or the Federation may raise the matter with an appropriate officer of the Department,
either the School Education Director or at the regional level, with a view to
resolving the dispute, or by negotiating an agreed method and time frame for
proceeding.
31.1.4 Where the
procedures in paragraph 31.1.3 do not lead to resolution of the dispute, the
matter shall be referred to the Deputy Director-General Corporate Services of
the Department and the General Secretary of the Federation. They or their nominees shall discuss the
dispute with a view to resolving the matter or by negotiating an agreed method
and time frame for proceeding.
31.2 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
32. No Further Claims
32.1 Except as provided
by the Industrial Relations Act 1996, prior to 31 December 2013, 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.
33.
Anti-Discrimination
33.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
33.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed under clause 31, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It shall be consistent with the fulfilment
of these obligations for the parties to make application to vary any provision
of the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
33.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
33.4 Nothing in this
clause is to be taken to affect:
33.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
33.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
33.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; and
33.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
33.5 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.
34. Workhealth &
Safety
34.1 For the purposes
of this clause, the following definitions shall apply:
34.1.1 A "labour
hire business" is a businesses (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as 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
34.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit 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 other employer which might otherwise have been carried out by that other
employer’s own employees.
34.2 If the employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises, the employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
34.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
34.2.2 provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely.
34.2.3 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
34.2.4 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.
34.3 Nothing in this clause
is intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Work Health and Safety Act 2011
or the Workplace Injury Management and Workers Compensation Act 1998.
35. Saturday School
of Community Languages
35.1 The conditions of
employment and rates of pay for employees (that term is defined in clause 2.10
of Schedule 10) at the Saturday School of Community Languages as ministerial
employees in the public sector are exclusively as provided for in Schedule 10
to this award.
35.2 Such employment
under Schedule 10 of this award is separate from any employment addressed
elsewhere in this award under the Teaching Service Act 1980 or the Public
Sector Employment and Management Act 2002.
36. Area, Incidence
and Duration
36.1 This award
rescinds and replaces the Crown Employees (Teachers in Schools and Related
Employees) Salaries and Conditions Reviewed Award published 3 August 2012 (373 IG 956), and as varied 19 September
2012 published 5 October 2012 (374 I.G. 1387).
36.2 This award shall
commence on and from 1 January 2013 and remain in force until 31 December 2013.
Schedule 1
Common Incremental Salary Scale
The following salary scale applies to: teachers;
education officers; home school liaison officers; Aboriginal student liaison
officers and counsellors.
|
Per annum
|
|
$
|
Current salary
steps
|
Salary from the
first pay period to commence on or after
|
|
1.1.2013
|
Increase
|
2.5%
|
Step 13
|
89,050
|
Step 12
|
81,242
|
Step 11
|
78,160
|
Step 10
|
75,087
|
Step 9
|
72,010
|
Step 8
|
68,935
|
Step 7
|
65,857
|
Step 6
|
62,777
|
Step 5
|
59,706
|
Step 4
|
56,629
|
Step 3
|
53,840
|
Step 2
|
50,475
|
Step 1
|
46,310
|
Schedule 2
Allowances
Schools
|
Rates from the
first pay period
|
|
to commence on or
after
|
|
1.1.2013
|
Increase
|
2.5%
|
Home School Liaison Officer and Aboriginal Student Liaison
Officer
|
2,615
|
Teacher in Charge
|
4,050
|
Year Adviser
|
3,592
|
Teachers with Health Education Certificate
|
1,293
|
Teachers other than the principal of classes of students
with
|
2,296
|
disabilities
|
|
Principals, schools for specific purposes
|
2,992
|
Principal of Stewart House
|
15,258
|
Assistant Principal of Stewart House
|
10,105
|
In a central school - DP (Primary), AP
|
1,819
|
Demonstration Schools:
|
|
Principal
|
|
Class PP1
|
2,641
|
Class PP2
|
2,344
|
Other promotion positions
|
2,053
|
Trained Teacher
|
1,667
|
Demonstration lessons:
|
|
|
|
Teachers in schools required to take demonstration
lessons:
|
|
per lesson
|
47.00
|
|
|
In other schools:
|
|
per half hour lesson
|
56.84
|
per 40 min. lesson
|
75.75
|
|
|
Maximum per annum
|
4,279
|
|
|
Residential Agricultural High Schools:
|
|
|
|
Rostered supervision teachers
|
10,105
|
Head Teacher (Welfare) residential
|
1,684
|
supervision allowance
|
|
Teacher in charge of residential
|
1,730
|
supervision allowance
|
|
Principal on call and special
|
15,258
|
responsibility allowance
|
|
Deputy Principal on call and special
|
13,786
|
responsibility allowance
|
|
Supervisor of female students
|
|
|
|
Up to 200 students
|
1,802
|
201-400 students
|
2,900
|
More than 400 students
|
3,592
|
Education Officers:
|
|
Non Graduate
|
|
Year 2
|
4,639
|
Year 1
|
4,639
|
Graduate
|
|
Year 2
|
3,623
|
Year 1
|
3,623
|
Classification
|
Amount (*)
|
Executive Principal, Connected Communities
|
50,000
|
(*) Allowance
payable subject to the Executive Principal Connected Communities satisfying the
provisions of subclause 5.9
Schedule 3
Locality Allowances
1. Definitions
1.1 For the purposes
of this schedule:
1.1.1 "Dependent
child" means, unless otherwise defined in the award, a child of which a
teacher is a parent and who is resident with and wholly maintained by such
teacher and either is under the age of sixteen years or is a full time student
under the age of eighteen years or is completing their school studies up to and
including Year 12.
1.1.2 "Dependent
partner" means a person who is resident with and substantially reliant
upon a teacher for their financial support, being either the teacher's spouse
or a person whom the Director-General is satisfied is cohabiting otherwise than
in marriage with the teacher in a permanent de facto and bona fide domestic
relationship.
1.1.3 "Duly
qualified" means a practitioner practising in Australia who, by training,
skill and experience, is competent to diagnose, advise with regard to, and or
treat the condition in relation to which relevant medical or dental assistance,
as the case may be, is reasonably sought.
1.1.4 "Married
couple" means and shall include a teacher and their spouse or a person
whom the Director-General is satisfied is cohabiting otherwise than in marriage
in a permanent de facto and bona fide domestic relationship.
1.1.5 "Practitioner"
means a legally qualified and lawfully practising medical practitioner or, as
appropriate, a legally qualified and lawfully practising dentist and includes a
duly qualified and lawfully practising physiotherapist to whom a teacher or a
dependent spouse, partner or child of a teacher has been referred for treatment
by a legally qualified medical practitioner.
1.1.6 "Reimbursable
expenses" means, for the purposes of Part E of this schedule:
(i) Actual travel
costs in excess of the amounts specified in subparagraph (iv) of this paragraph
in any one instance reasonably incurred in transporting a teacher and or a
dependent partner and or dependent child of a teacher from his or her place of
residence to a place at which a duly qualified practitioner is consulted.
(ii) Travel charges
in excess of the amounts specified in subparagraph (iv) of this paragraph in
any one instance made by a duly qualified practitioner reasonably summoned to a
teacher or a dependent partner or dependent child of a teacher at or near the
place of residence of the teacher.
(iii) The actual
cost of accommodation not being hospital or nursing accommodation reasonably
and necessarily incurred by a teacher or a dependent partner or dependent child
of a teacher in connection with the attendance of that person away from their
place of residence at a place at which a duly qualified practitioner is
consulted.
(iv) For the
purposes of subparagraphs (i) and (ii) of this paragraph, the amounts which
travel costs and charges must exceed are as follows:
From the first pay
period to commence on or after
|
1.1.2013
|
$
|
32
|
1.1.7 "School"
shall include any school, branch, annex, centre or other establishment to which
a teacher is appointed.
1.1.8 "Single
teacher" means and shall include a widow, widower, divorcee or teacher
living separately and apart from their spouse.
1.1.9 "Travel
costs" means, for the purposes of Part E of this schedule, the actual
return transport costs payable in respect of the means of conveyance most
appropriate to the circumstances and, in relation to a motor vehicle owned by a
teacher or a dependent partner of a teacher, an amount calculated for the total
distance travelled at the casual rate
determined from time to time by the Director-General; provided, however, that
transport costs shall not in any circumstances exceed a sum which would be
applicable to any return trip over a distance greater than that to and from the
place of residence of the relevant teacher and the GPO at Sydney.
1.1.10 "Teacher"
for the purpose of this schedule means a permanent or temporary employee
covered by this award.
2. Part A -
Allowances - Climatic Disability
2.1 Subject to
clause 7 of this schedule, a teacher appointed to a school located in the
Western Division of New South Wales upon or to the west of a line starting from
a point on the right bank of the Murray River opposite Swan Hill (Victoria),
and thence by straight lines passing through the following towns or localities
in the order stated, viz., Conargo, Coleambally, Hay, Rankins Springs, Marsden,
Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree,
Warialda, Ashford and Bonshaw, shall be paid an allowance at the rates
prescribed in subclause 2.4 below.
2.2 Subject to
clause 7 of this schedule, a teacher appointed to a school within a zone of New
South Wales established by the 0 Degrees Celsius July Average Minimum
Temperature Isotherm as contained in the Climatic Atlas of Australia, June 1974
as amended, and published by the Bureau of Meteorology, shall be paid an
allowance at the rates prescribed in subclause 2.4 below.
2.3 The allowances
prescribed in subclauses 2.1 and 2.2 of this Part may be extended, excluded or
otherwise varied by the Director-General to take into account any special
circumstances.
2.4 Allowances under
subclauses 2.1 and 2.2 are as follows:
Subclause No.
|
Climatic Allowances
|
Rates From the
first
|
|
|
pay period to
commence
|
|
|
on or after
1.1.2013
|
|
|
Per annum
|
|
|
$
|
Increase
|
|
2.5%
|
2.1
|
Teacher without
|
1,233
|
|
dependent partner
|
|
|
Teacher with dependent
|
1,459
|
|
partner
|
|
2.2
|
Teacher without
|
624
|
|
dependent partner
|
|
|
Teacher with
|
832
|
|
dependent partner*
|
|
* The dependent partner rate is one third greater than
the rate for a teacher without a dependent partner.
3. Part B -
Allowances - Isolation from Socio Economic Goods and Services
3.1 A teacher
appointed to a school included in Appendix A of this schedule shall be paid the
following allowances
Group
|
Rates from the
first pay period to commence on or after 1.1.2013
|
|
Per annum
|
|
$
|
Increase
|
2.5%
|
1
|
4,052
|
2
|
3,646
|
3
|
3,239
|
4
|
2,837
|
5
|
2,430
|
6
|
2,028
|
7
|
1,623
|
8
|
1,218
|
9
|
815
|
10
|
406
|
3.2 A teacher with a
dependent partner shall receive double the allowance prescribed in subclause
3.1 of this clause.
3.3 Subject to
clause 7 of this schedule, a teacher entitled to an allowance under subclause
3.1 of this clause and with a dependent child or children shall be paid the
following additional allowances -
Group
|
1st dependent child
Rates
|
|
From the first pay
period
|
|
to commence on or
after1.1.2013
|
|
Per annum
|
|
$
|
Increase
|
2.5%
|
Group 1
|
485
|
Group 2
|
423
|
Group 3
|
358
|
Group 4
|
294
|
Groups 5 and 6
|
235
|
Group
|
2nd and subsequent
dependent child Rates
|
|
From the first pay
period
|
|
to commence on or
after 1.1.2013
|
|
Per annum
|
|
$
|
Increase
|
2.5%
|
Group 1
|
326
|
Group 2
|
268
|
Group 3
|
201
|
Group 4
|
141
|
Groups 5 and 6
|
77
|
4. Part C -
Allowances - Motor Vehicle
Subject to clause 7 of this schedule, a teacher
appointed to a school included in Appendix A of this schedule shall be paid the
following allowances -
|
Rates
|
Group
|
From the first pay
period
|
|
to commence on or
after 1.1.2013
|
|
Per annum
|
|
2.5%
|
Increase
|
$
|
Groups 1, 2 and 3
|
2,178
|
Groups 4, 5 and 6
|
1,093
|
5. Part D -
Allowances - Vacation Travel Expense - Subject to Clause 7 of This Schedule
5.1 A teacher, when
proceeding on vacation leave, shall be entitled in any calendar year to the
payment of certain travel expenses on the following occasions:
5.1.1 if appointed to a
school included in Appendix A of this schedule and in:
(i) Groups 1 and 2
- three vacation journeys;
(ii) Groups 3, 4, 5
and 6 - two vacation journeys;
(iii) Group 7 - one
vacation journey; or
5.1.2 if appointed to a
school covered by Determination 21 of the Determinations made pursuant to section 25 of the Teaching Services Act 1980, one
vacation journey; and or
5.1.3 if appointed to a
school located more than 720 kilometres from Sydney by the nearest practicable
route and other than a school referred to in paragraph 5.1.1 of this subclause,
one or more journey(s) if, given the circumstances of the school location, the
Director-General considers it to be warranted.
Provided always that the provisions of paragraphs
5.1.1, 5.1.2 and 5.1.3 shall not apply to a teacher with less than three years'
service who, at the date of their engagement for service, was resident in the
relevant area.
5.2 A teacher
eligible for the payment of travelling expenses under subclause 5.1 shall have
those travelling expenses calculated according to the formula for reimbursement
set out in Determination 21 referred to in paragraph 5.1.2 of subclause 5.1 of
this clause, except that the amount of overnight expenses shall be as set out
in subclause 5.3 below, subject to the conditions contained in the
aforementioned Determination. Provided
that the use of a teacher's own car shall not require the approval of the
Director‑General.
5.3 For the purposes
of subclause 5.2, the amount of overnight expenses are as follows:
From the first pay
period to commence
|
on or after 1.1.2013
|
$
|
38
|
6. Part E -
Reimbursement of Certain Expenses Related to Medical Or Dental Treatment
6.1 The provisions
of subclauses 6.2, 6.3, 6.4, 6.5 and 6.6 of this clause apply only to a teacher
who is appointed to a school included in Appendix A of this schedule, but do
not apply to a teacher -
6.1.1 who for the time
being is on maternity leave; or
6.1.2 who is married to
a spouse or has a partner normally resident in the locality, unless such spouse
or partner is normally and usually dependent upon the teacher as a consequence
of illness, incapacity or other reasonable inability to earn an income
sufficient to support themselves and or his or her child or children, as the
case may be.
6.2 Where a teacher
reasonably incurs reimbursable expense, the amount thereof shall be paid to
that teacher upon written application made to the Director-General.
6.2.1 A teacher shall
not be disentitled to such payment merely by reason of the fact that the
reimbursable expense incurred was in relation to the attendance by or upon a
duly qualified practitioner who was not the nearest duly qualified practitioner
available at the relevant time if special circumstances in the particular case
render it desirable that the services of some other duly qualified practitioner
be sought.
6.2.2 In any instance
in which it is necessary for the teacher or the partner of the teacher or some
other attendant to accompany the person in respect of whom reimbursable expense
is incurred then, upon written application by the teacher to the
Director-General, the additional travel and accommodation costs reasonably and
actually incurred shall be paid to the teacher.
6.3 A teacher who
claims payment of reimbursable expenses shall provide such evidence in
substantiation of the claim as the Director-General may reasonably require.
6.4 The
Director-General shall be entitled to refuse payment of any claim where it
appears that the expense arose as a direct consequence of the serious and
wilful misconduct or gross negligence of the person in respect of whom the
expense was incurred.
6.5 A teacher shall,
in respect of any occurrence which gives rise to the incurring of reimbursable
expense, take all reasonable steps to recover any insurance, contributory fund,
workers' compensation or other benefits or common law damages as may lawfully
be payable in respect thereof and any sum actually recovered in respect of
items of reimbursable expense under this Schedule shall be brought to credit as
against the Director-General's liability for the same. If any such sum shall be recovered
subsequently to payment by the Director-General of reimbursable expense to a
teacher, that teacher shall make an appropriate repayment. The Director-General shall not be entitled to
withhold payment of reimbursable expense merely upon the ground that it or some
portion of it may be recoverable at some time in the future from a third party.
6.6 The
Director-General may, by notice in writing, require any teacher to effect and
keep on foot a policy of insurance or membership of a medical fund to cover
that teacher's liability for items of the nature of reimbursable expense under
this schedule.
6.6.1 In any such case,
the Director-General shall reimburse to the teacher the amount by which any
premium or contribution incurred in so doing exceeds the following amounts:
From the first pay
period to commence
|
on or after
1.1.2013
|
$
|
32
|
6.6.2 If a teacher
fails to comply with a requirement made by the Director-General under this
subclause, such teacher shall not be entitled to claim any reimbursable expense
which, but for their failure, would have been recouped to that teacher as a
result of the relevant insurance or membership.
6.7 When a teacher
is necessarily absent from duty for the purpose of securing advice and or
treatment from a duly qualified practitioner for such teacher or dependent
partner or child of such teacher, any period of such absence involved in
travelling to or from the place of residence of the teacher to the place at
which the advice or treatment is obtained shall not be debited against any sick
leave credit to which that teacher is entitled. Provided that this clause shall be without prejudice to the right
of the Director-General in their discretion to temporarily appoint the teacher
to a school nearer to the place of consultation or treatment where they may
deem it desirable so to do.
6.8 The
Director-General shall be entitled to decline payment of reimbursable expense
to a teacher in any instance in which such expense relates to a non urgent
elective consultation or treatment which might reasonably have been sought
during a vacation period whilst the teacher or their relevant dependent
partner, child or children (as the case may be) had, in the normal course,
travelled to a location at which the type of consultation or treatment could be
obtained.
7. Part F - Payment
of Allowances According to Marital Status (Payment of Allowances Regardless of
Marital Status)
7.1 Subject to
subclause 7.2 of this clause, where a married couple consists of two teachers who
are otherwise eligible for payment of an allowance under this schedule then, in
the case of an allowance under:
7.1.1 subclause 2.1 or
2.2 of clause 2 of this schedule, each teacher shall only be entitled to one
half of the allowance provided therein for a teacher with a dependent partner;
7.1.2 subclause 3.3 of
clause 3 of this schedule, each teacher shall only be entitled to one half of
the allowance provided therein for a teacher with a dependent child or
children;
7.1.3 clause 4 of this
schedule, each teacher shall only be entitled to one half of the motor vehicle
allowance applicable to a single teacher;
7.1.4 clause 5 of this
schedule, each teacher shall only be entitled to one half of the vacation
travel allowance; and
7.1.5 subclause 6.2 of clause
6 of this schedule, each teacher shall not qualify for reimbursement of
expenses in so far as the teacher's partner qualifies for and claims
reimbursement as a teacher.
7.2 Where a married
couple includes a teacher entitled to allowances under the award and a person
entitled to a similar allowance pursuant to the Crown Employees (Public Service
Conditions of Employment) Award 2009 published 31 July 2009 (368 I.G. 884) as
varied, or its successor, the teacher shall only receive the difference between
that allowance and the married couple or dependent allowances under this
schedule.
8. Part G - Locality
Allowance Committee
8.1 A Locality
Allowance Committee shall be established for the purpose of -
8.1.1 investigating all
matters in dispute and reporting and making recommendations thereon to the
Director-General and the Federation;
8.1.2 recommending the
inclusion or deletion of schools to be covered by the provisions of clause 3 of
this schedule; and
8.1.3 recommending the
appropriate groupings and alteration of existing groupings of schools within
clause 3 of this schedule.
8.2 The Locality
Allowance Committee shall -
8.2.1 consist of an
equal number of representatives nominated by the Director-General and the
Federation;
8.2.2 elect its own chairperson,
who shall not have a casting vote;
8.2.3 be permitted to
act in the absence of any member, provided more than one half of the members
are present; and
8.2.4 by its creation
and operation not affect the exercise of the powers and functions of any
tribunal constituted under the Industrial Relations Act 1996.
APPENDIX A
Allowance For Isolation From Socio Economic Goods And
Services
Groupings of Schools
Group 1 (11)
|
|
|
|
|
Clare
|
Enngonia
|
Goodooga CS
|
Louth
|
Marra
|
|
|
|
|
Creek
|
Pooncarie
|
Tibooburra
|
Wanaaring
|
Weilmoringle
|
White
|
|
|
|
|
Cliffs
|
Group 2 (11)
|
|
|
|
|
Baryulgil
|
Booligal
|
Boomi
|
Bullarah
|
Ellerston
|
Hatfield
|
Hill End
|
Ivanhoe
|
Menindee
|
Wilcannia
|
|
|
|
|
CS
|
Group 3 (12)
|
|
|
|
|
Bylong Upper
|
Cabramurra
|
Carinda
|
Corinella
|
Jerangle
|
Lightning Ridge
|
Mingoola
|
Moonan Flat
|
Nowendoc
|
Quambone
|
Rowena
|
|
|
|
|
Group 4 (25)
|
|
|
|
|
Bellbrook
|
Blackville
|
Carrathool
|
Collarenebri
|
Croppa Creek
|
Drake
|
Ebor
|
Fairfax
|
Garah
|
Hermidale
|
Kingstown
|
Mallawa
|
Mungindi
|
Naradhan
|
Niangala
|
Palinyewah
|
Reid's Flat
|
Tullibigeal
|
Tulloona
|
Wollar
|
Wongwibinda
|
Wooli
|
Wytaliba
|
Yarrowitch
|
|
Group 5 (40)
|
|
|
|
|
Bigga
|
Bonalbo
|
Bribbaree
|
Burraga
|
Burren
|
|
|
|
|
Junction
|
Cassilis
|
Chandler
|
Dundurrabin
|
Elands
|
Euabalong
|
|
|
|
|
West
|
Eumungerie
|
Girilambone
|
Glen Alice
|
Glenreagh
|
Gwabegar
|
Hargraves
|
Jackadgery
|
Jugiong
|
Mallan
|
Mayrung
|
Millbank
|
North Star
|
Nymboida
|
Old Bonalbo
|
Premer
|
Pyramul
|
Rankins Springs
|
Rollands Plains
|
Rosewood
|
Rugby
|
Sofala
|
Spring Ridge
|
Tabulam
|
Tambar Springs
|
Tooraweenah
|
Trunkey
|
Windeyer
|
Yetman
|
|
|
Group 6 (33)
|
|
|
|
|
Ballimore
|
Bedgerabong
|
Bellata
|
Belltrees
|
Bendemeer
|
Bonshaw
|
Brewarrina CS
|
Bundarra
|
Caragabal
|
Conargo
|
Deepwater
|
Emmaville
|
Five Mile Tree
|
Goolma
|
Grevillia
|
Hernani
|
Humula
|
Lansdowne Upper
|
Long Flat
|
Medlow
|
Mullaley
|
Pallamallawa
|
Rand
|
Rouchel
|
Stuart Town
|
Talbingo
|
Toomelah
|
Tottenham
|
Ulong
|
Wambangalang
|
|
|
|
|
EEC
|
Walgett
|
Wattle Flat
|
Wimmimah
|
|
|
Community College
|
|
|
|
|
HS & PS
|
|
|
|
|
Group 7 (58)
|
|
|
|
|
Ashford
|
Barkers Vale
|
Ben Lomond
|
Bendick Murrell
|
Balranald
|
Bobin
|
Bogan Gate
|
Bungwahl
|
Bunnaloo
|
Burcher
|
Cargo
|
Coolongolook
|
Copmanhurst
|
Dalgety
|
Dungowan
|
Ellangowan
|
Euchareena
|
Gravesend
|
Greenethorpe
|
Hannam Vale
|
Khancoban
|
Lake Cargelligo
|
Lowanna
|
Mallanganee
|
Mangoplah
|
Moulamein
|
Mullengandra
|
Mumbil
|
Mummulgum
|
Murringo
|
Nana Glen
|
Orama
|
Pilliga
|
Pleasant Hills
|
Quandialla
|
Rappville
|
Savernake
|
Somerton
|
Tallimba
|
Tarcutta
|
Tooleybuc
|
Towamba
|
Tucabia
|
Tullamore
|
Ulan
|
Upper Coopers
|
Willawarrin
|
Urbenville
|
Woolbrook
|
Walbundrie
|
Creek
|
Woolomin
|
Walhallow
|
Wyangala Dam
|
Weethalle
|
Group 8 (79)
|
|
|
|
|
Afterlee
|
Ando
|
Ardlethan
|
Attunga
|
Balldale
|
Beckom
|
Bemboka
|
Binalong
|
Binya
|
Blighty
|
Boree Creek
|
Bourke HS & PS
|
Brocklesby
|
Burrumbuttock
|
Byabarra
|
Cabbage Tree Island
|
Carroll
|
Collins Creek
|
Comboyne
|
Cowper
|
Curlewis
|
Currabubula
|
Delegate
|
Dorroughby EEC
|
Duri
|
Dunoon
|
Errowanbang
|
Eurongilly
|
Euston
|
Ganmain
|
Goolgowi
|
Gooloogong
|
Gulargambone
|
Illabo
|
Iluka
|
Jiggi
|
Johns River
|
Koorawatha
|
Krambach
|
Ladysmith
|
Larnook
|
Lowesdale
|
Lue
|
Lyndhurst
|
Manifold
|
Matong
|
Mendooran
|
Moonbi
|
Moorland
|
Mount George
|
Murrami
|
Nabiac
|
Nangus
|
Nimbin
|
Nundle
|
Peak Hill
|
Risk, The
|
Rookhurst
|
Rosebank
|
Rukenvale
|
Rye Park
|
Stockinbingal
|
Stratheden
|
Telegraph Point
|
Tingha
|
Trundle
|
Tumbarumba HS
|
Tuntable Creek
|
Tyalgum
|
Wakool
|
Wiangaree
|
& PS
|
Woodenbong
|
WhianWhian
|
Woodstock
|
Whitton
|
Wyndham
|
|
|
|
Group 9 (68)
|
|
|
|
|
Ariah Park
|
Bald Blair
|
Barellan
|
Barmedman
|
Blandford
|
Brungle
|
Burringbar
|
Channon, The
|
Clergate
|
Clunes
|
Coffee Camp
|
Collingullie
|
Collombatti Rail
|
Coolah
|
Coramba
|
Coutts Crossing
|
Darlington Pt
|
Delungra
|
Eltham
|
Eungai
|
Eureka
|
Gerogery
|
Geurie
|
Grong Grong
|
Gum Flat
|
Ilford
|
Jennings
|
Kentucky
|
Kootingal
|
Maimuru
|
Mandurama
|
Manildra
|
Marrar
|
Merriwa
|
Milbrulong
|
Mitchells Island
|
Moteagle
|
Mullion Creek
|
Murrurundi
|
Neville
|
Newbridge
|
Nimmitabel
|
Numeralla
|
Oaklands
|
Orara Upper
|
Oxley Island
|
Pacific Palms
|
Pocket, The
|
Pomona
|
Pottsville
|
|
|
|
|
Beach
|
Quaama
|
Red Range
|
Rock Central, The
|
Sandy Hollow
|
Spring Hill
|
Stratford
|
Thalgarrah EEC
|
Timbumburi
|
Ulmarra
|
Urana
|
Uranquinty
|
Walla Walla
|
Wallabadah
|
Wallenbeen
|
Wardell
|
Wombat
|
Wongarbon
|
Woodford Dale
|
|
|
Group 10 (116)
|
|
|
|
|
Adaminaby
|
Adelong
|
Barham HS & PS
|
Barrington
|
Batlow
|
Berridale
|
Bexhill
|
Bibbenluke
|
Bingara
|
Binnaway
|
Black Mountain
|
Blakebrook
|
Bodalla
|
Boggabilla CS
|
Boggabri
|
Bombala HS & PS
|
Bonville
|
Borenore
|
Bournda EEC
|
Broadwater
|
Candelo
|
Caniaba
|
Carcoar
|
Carool
|
Cascade
|
|
|
|
|
EEC
|
Central Tilba
|
Chatsworth Island
|
Chillingham
|
Cobar HS & PS
|
Coleambally
|
Coolamon
|
Coomealla HS
|
Coopernook
|
Coorabell
|
Coraki
|
Corindi
|
Crescent Head
|
Crowdy Head
|
Crystal Creek
|
Cumnock
|
Cundleton
|
Dareton
|
Dorrigo HS & PS
|
Doubtful Creek
|
Duranbah
|
Dunedoo CS
|
Durrumbul
|
Empire Vale
|
Eugowra
|
Farrer
|
|
|
|
|
MAHS
|
Fernleigh
|
Fingal Head
|
Ghinni Ghinni
|
Gilgai
|
Gladstone
|
Goolmangar
|
Goonengerry
|
Harrington
|
Herons Creek
|
Hillston
|
Howlong
|
Huntingdon
|
Jerilderie
|
Jindabyne
|
Jindera
|
Karangi
|
Kellys Plains
|
Kendall
|
Kinchela
|
Laggan
|
Lansdowne
|
Lawrence
|
Leeville
|
Lennox Head
|
Lockhart
|
Main Arm Upper
|
Martindale
|
Mathoura
|
Millthorpe
|
Modanville
|
Mogo
|
Nanima
|
Nemingha
|
Nyngan HS &PS
|
Smithtown
|
Old Bar
|
Pearces Creek
|
Repton
|
Rous
|
Scotts Head
|
Spring Terrace
|
Stokers Siding
|
Stuarts Point
|
Table Top
|
Tanja
|
Tathra
|
Terranora
|
Teven-Tintenbar
|
Tinonee
|
Warren CS
|
Wee Waa HS & PS
|
Wentworth
|
Willow Tree
|
Wilsons Creek
|
Woodburn
|
Wyrallah
|
Yenda
|
Yeoval
|
Yerong Creek
|
|
Schedule 4
Salaries -
Promotion Classifications in the Teaching Service
|
Salary from the
first pay
|
Classification
|
period to commence
on or
|
|
after 1.1.2013
|
|
Per annum
|
Schools
|
$
|
Increase
|
2.5%
|
High School Principal
|
|
Grade 1 (PH1)
|
153,050
|
Grade 2 (PH2)
|
146,639
|
Central School Principals
|
|
PC1
|
144,527
|
PC2
|
133,275
|
PC3
|
127,877
|
PC4
|
123,585
|
Primary School Principal
|
|
PP1
|
143,127
|
PP2
|
131,985
|
PP3
|
126,636
|
PP4
|
122,390
|
PP5
|
119,654
|
PP6
|
102,482
|
Executive Principal, Connected Communities
|
169,125
|
Principal - Environmental Education Centre or Hospital
School Grade 2
|
119,654
|
Principal - Environmental Education Centre or Hospital
School Grade 1
|
102,482
|
High School Deputy Principal
|
|
Deputy Principal (Secondary) Central
|
119,654
|
School
|
|
Primary School Deputy Principal
|
|
Deputy Principal (Primary) Central
|
119,654
|
School
|
|
Assistant Principal Primary School
|
102,482
|
Assistant Principal Central School
|
|
Head Teacher High School
|
|
Head Teacher Central School
Highly Accomplished Teacher
|
102,482
|
District Guidance Officer
|
|
Senior Assistant in Schools
|
91,365
|
|
Salary from the
first pay
|
Classification
|
period to commence
on or
|
|
after 1.1.2013
|
|
Per annum
|
|
$
|
Non-school Based Teaching Service Classifications Salary
Scales
|
|
Increase
|
2.5%
|
Principal Education Officer
|
133,426
|
Senior Education Officer
|
120,252
|
Class 2
|
|
Senior Education Officer
|
|
Class 1
|
|
|
Year 3
|
110,951
|
|
Year 2
|
106,718
|
|
Year 1
|
102,482
|
Schedule 5
Rates of Pay -
Casual Teachers
Table 1
|
Rates From the
first pay period to
|
Trained Teachers
|
commence on or
after 1.1.2013
|
|
Per day
|
|
$
|
Increase
|
2.5%
|
4YT Steps
|
|
4
|
356.56
|
3
|
340.64
|
2**
|
324.72
|
1
|
308.82
|
3YT Steps
|
|
5
|
340.64
|
4
|
324.72
|
3
|
308.82
|
2
|
292.91
|
1
|
278.47
|
2YT Steps
|
|
4
|
308.82
|
3
|
292.91
|
2
|
278.47
|
1
|
261.06
|
** 5YT trained
casual school teachers commence on step 2, 4YT rates of pay
Table 2
Conditionally
|
Rates From the
first pay period to commence
|
Trained Teachers
|
on or after
1.1.2013
|
|
Per day
|
|
$
|
Increase
|
2.5%
|
C (5YT) Steps
|
|
4
|
356.56
|
3
|
340.64
|
Y1-2
|
324.72
|
C (4YT) Steps
|
|
4
|
340.64
|
3
|
324.72
|
Y1-2
|
308.82
|
C (3YT) Steps
|
|
4
|
308.82
|
3
|
292.91
|
Y1-2
|
278.47
|
C (2YT) Steps
|
|
3
|
278.47
|
Y1-2
|
261.06
|
In the case of casual teachers relieving in positions
of PP6 or as a principal - environmental education centre or hospital school
Grade 1, subject to satisfying the requirements, the daily rate of pay shall be
as follows:
Table 3
|
Rates From the
first pay
|
|
period to commence
on
|
|
or after 1.1.2013
|
|
Per day
|
|
$
|
Increase
|
2.5%
|
Casual PP6,
|
530.07
|
Principal -
|
|
Environmental
|
|
Education Centre or
|
|
Hospital School Grade 1
|
|
Schedule 6
Other Part time
Rate of Pay
|
Rates From the
first pay
|
|
period to commence
on or after
|
Classification
|
1.1.2013
|
|
Per day
|
|
$
|
|
|
Increase
|
2.5%
|
Teacher in Charge
|
23.30
|
Demonstration Schools
|
9.66
|
Teachers of classes of
|
13.19
|
students with disabilities
|
|
|
Per hour
|
|
$
|
Needlework/Craft Teacher
|
41.57
|
Schedule 7
Excess Travel and Compensation for Travel on Official
Business
Part A
Excess Travel
1. Definitions
1.1 For the purpose
of Part A of this Schedule:
1.1.1 "Excess
travel" means, for the purposes of clauses 3 and 4, those distances:
(i) when travelling
from home to work and vice versa, that distance in excess of the distance
between the teacher's home and headquarters;
(ii) on any day
where the teacher is required during the day to travel from one school to
another.
1.1.2 "Headquarters"
means that school where the major part of the teacher's duties are performed;
or if the teacher is appointed to two schools on an equal time basis, then the
headquarters school shall be the school nearest to the teacher's place of
residence. Provided that where a
teacher is appointed to two schools on an equal time basis and has previously
had a school nominated as their headquarters school, that school shall be
retained as the headquarters while they continue to teach at that school,
notwithstanding a change to the other school.
1.1.3 "Teaching
Program" means all face to face teaching and other duties that take place
during the teacher's normal hours of schooling.
2. Teaching in More
Than One School
2.1 Where in any
school a teacher, including a temporary teacher, cannot be, or has not been,
allocated a complete teaching load, the teacher may be timetabled to teach in
more than one school. Such teachers
include Teacher Librarians and Teachers of English as a Second Language. The following provisions in relation to payment
for excess travel time and for excess travel shall apply:
3. Payment for Excess
Travel Time
3.1 If in order to
perform the teacher's approved teaching program, the teacher is required to
travel outside the teacher's required attendance hours for the particular
school from the teacher's home to school and/or from a school to the teacher's
home, the teacher shall be paid for excess time occupied in travelling, subject
to:
3.1.1 There shall be
deducted from the teacher's travelling time on any one day the time normally
taken for the periodic journey from home to headquarters and return.
3.1.2 Periods of less
than one quarter of an hour on any one day shall be disregarded.
3.1.3 Travelling time
shall not include any period of travel between 11.00pm on any one day and
7.30am on the following day when the teacher has travelled overnight and
sleeping facilities have been provided for the teacher.
3.1.4 Travelling time
shall be calculated by reference to the time that might reasonably have been
taken by the use of the most practical and economic means of transport.
3.1.5 No time spent in
performing duties shall be counted as travelling time.
3.1.6 The teacher is
otherwise not compensated for excess travelling time by way of allowance or
time off in lieu.
3.2 Payment for
excess travelling time shall be at the teacher's ordinary rate of pay on an
hourly basis, calculated as follows:
Annual Salary
|
x
|
7
|
x
|
1
|
|
|
365
|
|
30
|
3.3 Teachers who are
in receipt of a salary in excess of the rate applicable to the eleventh step of
the common incremental salary scale set out in Schedule 1, shall be paid
travelling time calculated at the rate applicable to the abovementioned
eleventh step.
4. Payment for Excess
Travel -
4.1 All travelling
costs reasonably incurred because of excess travel for the use of a private
motor vehicle shall be paid on the basis of cents per kilometre at two rates as
follows:
4.1.1 up to 8,000 km
per annum - 74.0 cents per km;
4.1.2 over 8,000 km per
annum - 29.6 cents per km.
Provided that these rates shall be adjusted pursuant to
and in accordance with the rates as approved from time to time by the Director
General of the Premier’s Department.
4.2 For the purposes
of payment under this subclause, excess travel on any day where the teacher is
required during the day to travel from one school to another, shall be determined
in accordance with the provisions of subclauses 4.1 to 4.8 inclusive.
4.3 On days when a
teacher is required to travel on official business and travels to and from
home, whether or not the teacher visits headquarters, a deduction shall be made
from the total distance travelled from home to home as follows:
Distance Home to
Headquarters
|
Deduction
|
(One Way)
|
|
Kilometres
|
Kilometres
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
5
|
5
|
6
|
6
|
7
|
7
|
8
|
8
|
9
|
9
|
10
|
10
|
11-29
|
10
|
30 or more
|
10
|
|
plus 2 km for each
km above 29 km from
|
|
home to
headquarters.
|
4.4 Provided that
when the above deduction in subclause 4.3 has been effected, the teacher shall
add to the number of kilometres claimed the kilometres shown in the follow
schedule:
Home to Headquarters
|
Add
|
(One Way)
|
|
Kilometres
|
Kilometres
|
29-35
|
1
|
36-40
|
2
|
41-45
|
3
|
46-50
|
4
|
51-55
|
5
|
56-60
|
6
|
61-65
|
7
|
66 and over
|
8
|
4.5 This daily
deduction discounts the normal one way distance travelled from home to
headquarters for which teachers shall not be paid.
4.6 Where a teacher
is on duty at their headquarters on a particular day and the teacher elects to
travel to the headquarters in their private motor vehicle, no payment shall be
made for such travel.
4.6.1 If, on such a
day, the teacher is directed to travel from their headquarters in an emergency
situation, the teacher may be granted approval to use their own motor vehicle
and claim the normal kilometre rate for the distance from headquarters to the
emergency centre and return.
4.6.2 Where a teacher
has approval to use their private motor vehicle on official business and is
directed to have the vehicle at headquarters on each day, or particular days,
in order to have available a ready means of transport, payment shall be made
for the distance from home to headquarters and return for each day of duty the
car is required to be available (on official business), less the daily
deduction.
4.7 A claim for
travel allowance cannot be made where the headquarters and another centre
visited are on the same or adjacent sites.
4.8 The daily deduction
is not applied where a teacher is required to use their private motor vehicle
from their home after working hours on official business or when the teacher is
required to stay away from home overnight on official business.
Part B
Compensation for Travel on Official Business
1. Definitions
1.1 For the purpose
of Part B of this Schedule:
1.1.1 "Headquarters"
for a teacher means the school or administrative centre nominated by the
Director-General for the particular teacher.
1.1.2 "Teacher"
means a permanent or temporary teacher employed in the Teaching Service, but
does not mean, unless otherwise specified, a casual teacher.
"Teacher" includes Consultants, District
Guidance Officers (DGO's), School Counsellors, Itinerant Teachers (teachers of
the behaviourally disordered, the visually impaired, the hearing impaired),
Distance Education Centre/School Teachers, Home School Liaison Officers (HSLO),
Access School Teachers, District Relief Teachers, Outreach Teachers, Pre School
Teachers, Support Teachers Intensive Reading, Careers Advisers, Early
Intervention Teachers, Violence Program Teachers, Languages Other Than English
Teachers (LOTE), Support Teachers Learning Difficulties (STLD's), Early Student
Support Program Teachers (ESSP), teachers programmed to teach in a school and a
TAFE location and includes any equivalent classifications thereto so long as
their work patterns remain unchanged.
2. Except where
authorised, teachers are responsible for meeting costs incurred in travel
between their residence and usual place of work.
3. Teachers may be
authorised to use their private vehicle for travel on official business in the
performance of their normal duties where other modes of travel are unsuitable
or unavailable.
3.1 Payment, on a
case by case basis, shall be considered by the Department for private motor
vehicle usage by casual teachers who relieve in a position as identified in
subclause 1.1.2 and who are required and authorised to use their private motor
vehicle in the performance of their relieving duties.
4. The use of a
teacher's private motor vehicle on official business is not mandatory.
5. Official
Business Rate -
5.1 The official
business rate is payable where the use of a teacher's private motor vehicle on
official business is authorised and the teacher is required to travel on
official business using their motor vehicle on a regular basis of at least once
per week throughout the school year or travel a minimum of 400 kilometres
during the school year, except where:
5.1.1 an official vehicle
is available;
5.1.2 for all or
specific days of travel, public transport is obviously available, suitable, and
does not result in a loss of the teacher's professional time and or restriction
in the performance of the teacher's duties and professional responsibilities.
5.2 Where a teacher
commences duty other than at the start of the school year the minimum period of
400 kilometres to be travelled, as provided by subclause 5.1 above, shall be
adjusted proportionately.
5.3 The rate paid is
that specified at clause 9 of this schedule.
6. Casual Rate -
6.1 The casual rate
is payable to teachers who are authorised to use their private motor vehicle to
travel on official business intermittently as opposed to regular use (as
provided by clause 5 of this Schedule) for which the official business rate is
paid, except where:
6.1.1 an official
vehicle is available;
6.1.2 for all or
specific days of travel, public transport is obviously available, suitable, and
does not result in a loss of the teacher's professional time and/or restriction
in the performance of the teacher's duties and professional responsibilities.
6.2 In circumstances
where teachers are not authorised for reimbursement of travel expenses at the
official business rate, they may be given approval to use their private vehicle
on official business at the casual rate, including travel to attend staff
development courses, selection committee interviews, GREAT appeals and
hearings.
6.3 The rate paid is
that specified at clause 9 of this schedule.
7. Payment of 2601
Cc Or More Motor Vehicle Rate -
7.1 Where the
Teacher's Normal Duties Are Performed Within the Sydney Region (as Defined By
the Department of Planning) the Maximum
Per Kilometre Rate Payable Shall be the 1601 to 2600 Cc Rate.
7.2 Where the
official travel, in whole or in part, is outside the Sydney Region,
consideration shall be given to payment of the 2601 cc or more rate in respect
of a vehicle with an engine capacity of 2601 cc or more. Such consideration shall be related to the
total annual distance travelled by the teacher on official business, the
terrain and other factors advanced by the teacher as relevant.
7.3 Provided that
the provisions of subclauses 7.1 and 7.2 above shall not apply to teachers who
have an existing approval for payment of the previous above2700 cc rate arising
from clause 4 (b) (i) of Industrial Agreement 7036 of 1983.
8 Daily Deduction
-
8.1 On days when a
teacher is required to travel on official business and travels to and from
home, whether or not the teacher visits headquarters, a deduction shall be made
from the total distance travelled from home to home as follows:
Distance Home to
Headquarters (One Way)
|
Deduction
|
Kilometres
|
Kilometres
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
5
|
5
|
6
|
6
|
7
|
7
|
8
|
8
|
9
|
9
|
10
|
10
|
11-29
|
10
|
30 or more
|
10
|
|
plus 2 km for each
km above 29 km from
|
|
home to
headquarters.
|
8.2 Provided that
when the above deduction in subclause 8.1 has been effected, the teacher shall
add to the number of kilometres claimed the kilometres shown in the following
schedule:
Home to
Headquarters
|
Add
|
(One Way)
|
Kilometres
|
Kilometres
|
|
29-35
|
1
|
36-40
|
2
|
41-45
|
3
|
46-50
|
4
|
51-55
|
5
|
56-60
|
6
|
61-65
|
7
|
66 and over
|
8
|
8.3 This daily
deduction discounts the normal one way distance travelled from home to
headquarters for which teachers shall not be paid.
8.4 Where a teacher is
on duty at their headquarters on a particular day and the teacher elects to
travel to the headquarters in their private motor vehicle, no payment shall be
made for such travel.
8.5 If, on such a
day, the teacher is directed to travel from their headquarters in an emergency
situation, the teacher may be granted approval to use their own motor vehicle
and claim the normal kilometre rate for the distance from headquarters to the
emergency centre and return.
8.6 Where a teacher
has approval to use their private motor vehicle on official business and is
directed to have the vehicle at headquarters on each day, or particular days,
in order to have available a ready means of transport, payment shall be made
for the distance from home to headquarters and return for each day of duty the
car is required to be available (on official business), less the daily
deduction.
8.7 A claim for
travel allowance cannot be made where the headquarters and another centre
visited are on the same or adjacent sites.
8.8 The daily
deduction is not applied where a teacher is required to use their private motor
vehicle from their home after working hours on official business or when the
teacher is required to stay away from home overnight on official business.
9. Official
Business and Casual Rate -
Clause of Schedule
|
Rate/Vehicle Engine Capacity
|
Cents Per Km
|
which applies
|
|
|
5
|
Official Business Rate
|
0 - 8,000 km per
|
8,001 km or
|
|
|
annum
|
more per annum
|
|
1600 cc or less
|
63
|
25.2
|
|
1601 - 2600 cc
|
74
|
29.6
|
|
2601 cc or more
|
75
|
30
|
6
|
Casual Rate
|
|
|
1600 cc or less
|
25.2
|
|
1601- 2600 cc
|
29.6
|
|
2601 cc or more
|
30
|
Provided that these rates shall be adjusted pursuant to
and in accordance with the rates as approved from time to time by the
Director-General, Department of Premier and Cabinet.
Schedule 8
Special Conditions Covering Home School Liaison
Officers and Aboriginal Student Liaison Officers
Qualifications and Appointments -
1. Officers who
are employed as teachers and persons who, in the opinion of the
Director-General, have the appropriate qualifications to be employed as
teachers shall be eligible to apply for appointment as home school liaison
officers.
2. Officers who
are employed as teachers and persons who, in the opinion of the
Director-General, have the appropriate qualifications and or experience to be
appointed as Aboriginal student liaison officers shall be eligible to apply for
temporary appointment as Aboriginal student liaison officers.
3. A successful
applicant for appointment to a vacant position of home school liaison officer
or Aboriginal student liaison officer shall, subject to Sections 50 and 51 of
the Teaching Service Act 1980, be temporarily appointed to a specified location
and for a specified period determined by the Director-General.
Duties -
4. Home school
liaison officers and Aboriginal student liaison officers shall be responsible
for those duties as determined by the Director-General and shall be directly
responsible to an officer or such other person(s) as determined by the
Director-General.
Training -
5. Successful
applicants for the position of home school liaison officer or Aboriginal
student liaison officer shall, following temporary appointment to specified
positions or locations, be required as part of their duties to undergo a course
of training of a nature and for a period prescribed by the Director-General.
6. Home school
liaison officers and Aboriginal student liaison officers whose homes are 100kms
or more from the training course centre shall be eligible for financial
assistance as provided by the Department towards the cost of temporary
accommodation used while on the course and for travel between their homes in New
South Wales and the course at the beginning and end of the course and on one
weekend during the course. In addition,
travel costs in excess of those for daily travel to the course incurred in
attending at locations other than the course centre, on program requirements,
shall be reimbursed.
Salaries -
Home School Liaison Officers -
7. On temporary
appointment as a home school liaison officer a teacher shall continue to
receive their current substantive teaching salary and shall continue to
progress on the appropriate step on the common incremental salary scale on
their normal teaching incremental date subject to clause 6, Salary Progression
and Maintenance and clause 21, Calculation of Service of this award. A person not being an officer shall on
appointment as a home school liaison officer be paid an annual salary according
to their qualifications and status as if they were appointed as a teacher
covered by the award and shall progress on the common incremental salary scale
on an incremental date determined by the date of their appointment as a home
school liaison officer subject to clause 6, Salary Progression and Maintenance
and clause 21, Calculation of Service of this award.
Aboriginal Student Liaison Officers -
8. Minimum
salaries on commencement of employment and progression thereafter under the
common incremental salary scale as set out in Schedule 1 of this award are
determined as follows:
Aboriginal student liaison officers who are:
Non-graduates - step 3
Graduates without teacher training - step 4
Graduates with teacher training - step 5
Graduates with five years of training - step 6
Allowances and Additional Leave -
9. Overtime shall
not be paid for hours worked in excess of seven hours per day and no
compensatory leave shall be allowed for evening, Saturday or Sunday work. In addition, no compensation shall be
allowed for time spent in travelling.
10. To compensate
for all incidents of employment, including hours worked in excess of seven
hours on any day, evening, Saturday or Sunday, and time spent in travelling,
home school liaison officers and Aboriginal student liaison officers shall
receive:
10.1 an allowance as
provided for in paragraph 4.2.1 of clause 5, Allowances, and Schedule 2; and
10.2 six weeks leave
per annum in addition to the four weeks annual recreation leave provided in
clause 13 of this schedule. The six
weeks leave and the four weeks annual recreation leave shall be taken during
school vacation periods unless the performance of work required to be done
during a school vacation(s) necessitates part of the ten weeks leave to be
taken at other time(s) as approved by the Director-General.
Hours and Conditions -
11. Subject to the
special conditions contained in this schedule, home school liaison officers and
Aboriginal student liaison officers shall enjoy the hours and conditions of
employment applying to other non-school based teaching service personnel.
12. The ordinary
hours of work, exclusive of meal times, shall be 35 per week to be worked
Monday to Friday inclusive and to commence on such days at or after 8.00am and
conclude on or before 6.00pm. Provided
that, where required, a home school liaison officer or Aboriginal student
liaison officer shall be required to work beyond these normal hours on weekdays
and to work on weekends.
13. Annual
recreation leave shall accrue at the rate of four weeks per year.
14. Notwithstanding
that an officer, on appointment as a home school liaison officer or Aboriginal
student liaison officer, may not comply with the service requirement included
in the definition of a transferred officer contained in Determination
No.1/2001, titled the Transferred Officers Compensation Determination or its
successor determination, but otherwise finds it necessary to move their
residence as a consequence of the appointment, the officer shall be deemed a
transferred officer for the purposes of Determination No.1/2001 or its
successor determination.
15. An officer appointed
as a home school liaison officer is eligible to apply for and accept
appointment to any advertised Teaching Service position.
Subsequent Employment -
Home School Liaison Officers -
16. An officer
appointed as a home school liaison officer shall, on completion of the period
of the appointment, be eligible and required to transfer to a teaching
position.
17. A person other
than an officer appointed as a home school liaison officer shall, on completion
of the period of their appointment, be appointed, pursuant to Section 47 of the
Teaching Service Act as a permanent teacher.
Provided that if the person holds a Teachers Certificate this permanent
appointment shall not be probationary as provided for in Section 48 of the
Teaching Service Act. Provided further
that all persons appointed as home school liaison officers shall be given a
permanent appointment as a teacher as provided for above in priority to all
other persons on any teacher employment waiting list. Provided always that the home school liaison officer may elect to
accept a temporary appointment as a teacher.
Aboriginal Student Liaison Officers -
18. An officer
appointed as an Aboriginal student liaison officer shall, on completion of the
period of the appointment, be eligible and required to transfer to an
appropriate teaching service position.
Schedule 9
Special Conditions Covering Teachers at Residential
Agricultural High Schools
1. Special
Conditions -
1.1 The principal,
following consultation with a representative nominated by the staff in a
residential agricultural high school, shall prepare detailed information on the
duties of teachers and the conditions of employment in the school. This information shall include rostered duty
requirements, residential requirements and other information that shall assist
both new appointments and teachers who may be transferred to the school by the
Director-General.
1.2 All new teachers
at the schools shall be supplied with a copy of this information before
accepting appointment to the school.
2. All new vacant
positions shall be deemed to be special fitness positions, provided that the
Director-General shall retain the right to fill any vacant positions by way of
transfer or such other manner as considered appropriate.
3. Subject to the
availability of accommodation, all teachers appointed to vacant positions in
the schools shall be required to reside on the school site for a minimum period
of three years.
4. Following the minimum
period referred to in clause 3 of this schedule, and subject to the needs of
the school, teachers may apply for a further residence on-site for another two
year period. Thereafter a teacher may
seek an extension of residency and tenure beyond this two year period.
5. Initial
appointment of residential teachers and reappointment of residential teachers
to the school after the first or second period of residence on the school site
shall be made on an annual basis at the discretion of the principal, with due
regard to the needs of the school.
6. A library
supervisor shall be appointed to each school for a period of up to 20 hours per
week during the school term to supervise the school library at nights and on
weekends.
In selecting a library supervisor the principal shall,
as he or she considers appropriate, give priority to employing trained
teachers.
7. There shall be
two head teachers (welfare) appointed to each school on the basis of special
fitness.
8. The duties of
the head teachers (welfare) shall include:
8.1 undertaking
rostered supervision duty;
8.2 responsibility
for the organisation and implementation of all aspects of residential
supervision within the school;
8.3 implementation
of student supervision rosters;
8.4 supervision of
teachers on roster duty;
8.5 responsibility
for school welfare programs.
9. At each school,
one teacher in charge of residential supervision shall be appointed by the
principal (consistent with subclause 2.47of clause 2, Dictionary of the award)
to receive the Teacher in Charge of Residential Supervision Allowance as
provided for in paragraph 5.5.3 of clause 5, Allowances, and Schedule 2.
10. Educational
programs shall be provided for all students at the school, up to and including
the last school day of all four school terms.
11. All teachers,
including head teachers, but excluding the principal and deputy principal
appointed to the school, shall be required to perform, on a roster basis, out
of normal teaching hours supervision of students as follows:
11.1 Teachers on a
full rostered program shall be required to undertake one rostered duty in every
ten days during the designated school year.
11.2 Where the school
has more non-resident staff than required to fill the duty roster, staff may be
rotated onto the duty roster over a twelve month period to ensure rostered duty
is shared by the entire staff and shall be paid the rostered supervision
allowance on a pro rata basis.
11.3 There should be,
as far as possible, a gender balance related to the needs of the school within
the staff roster. Where this is not
possible the principal, in consultation with the staff, shall determine the
most appropriate staffing roster.
11.4 The size and
composition of rostered duty teams shall be decided by the principal following
consultation with staff at the school.
To facilitate a one in ten days roster of a five person duty team,
casual teachers or other staff may be employed by the principal where
insufficient full time teachers are available, to make up the necessary duty
teams.
11.5 Teachers on
rostered supervision duty shall be provided with free meals at the school for
the duration of their rostered duty.
11.6 Staff on rostered
duty shall be entitled to a half hour break during their duty on week days and
a one hour break during their duty on weekend days. Such breaks shall be arranged by those rostered on duty to ensure
that each person receives a break unless extraordinary circumstances or the
exigencies of the school on a particular day makes this impractical. There shall be no requirement to engage
casual labour as a result of staff taking such breaks.
12. A rostered
supervision allowance as provided for in paragraph 5.5.1 of clause 5,
Allowances, and Schedule 2 shall be paid on the basis that:
12.1 Teachers at the
school are required to undertake rostered duties on the basis of one duty every
ten days during the school year.
12.2 Rostered
supervision duty for all teachers on the duty team (whether resident or
non-resident) involves an on call period following the conclusion of active
duty. This on call period shall operate
from approximately 11.00pm to 7.00am.
The on call duty may require, where accommodation is available, that any
member of a duty team stay overnight on the school site.
12.3 During the on
call period there shall be a minimum of two teachers (excluding the principal
and deputy principal but including at least one member of the rostered duty
team) in residence at the school on each night during the school year to
respond to emergencies and any supervisory requirements as necessary. This would normally include one residential
member of the rostered duty team and one other member of the residential
staff. If a member of the residential
staff is not available, then a non-residential member of staff shall remain
on-site. All other members of the duty
team rostered on any day shall, however, remain on call.
12.4 Teachers who are
absent on leave for one term or more shall lose a pro rata proportion of the
rostered supervision allowance. Similarly,
a teacher who commences duty at the school other than in the first week of Term
one shall be paid the rostered supervision allowance on a pro rata basis on the
amount of supervision actually performed in that school year.
12.5 Should a teacher
be sick on any day on which a rostered duty falls, then for the first two such
days in any year the teacher shall be entitled to be paid.
13. An additional
allowance based on the average rate for a rostered duty shall be paid to three
volunteer teachers at the school to supervise students returning following the
Christmas, Terms one, two and three vacations and compulsory leave
weekends. This duty shall commence from
3.00pm on the day preceding the commencement of school until 7.00am the next
day.
14. The head teacher
(welfare) shall be paid in addition to the rostered supervision allowance a
residential supervision allowance as provided for in paragraph 5.5.2 of clause
5, Allowances, and Schedule 2.
15. Teacher trained library
supervisors shall be remunerated at an hourly casual teacher rate. The hourly casual teacher rate shall be
calculated on the basis of the daily casual teacher in schools rate divided by
six. This rate is loaded to be
inclusive of sick leave, family and community service leave, special leave and
leave loading.
16. The Department
shall investigate providing
16.1 Further
accommodation for teaching staff at the schools. In the event of the head teacher (welfare) being single,
accommodation to the level provided to other single resident teachers shall be
provided.
16.2 Subject to the
availability of funds, additional married accommodation at the schools.
17. Teachers in
residential accommodation on-site in the school shall be provided with free board
and lodging, including laundry and utilities.
18. All teachers in
other accommodation (including executive staff) shall be required to clean
their accommodation and undertake their own laundry and pay appropriate rental
where payment of rental presently applies.
SCHEDULE 10
Saturday School of Community Languages
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Employment
Jurisdiction
4. Recruitment
and Appointment
5. Allocation
to Centres and Classes
6. Duties as
Directed
7. Remuneration
8. Travel
Expenses
9. Training
and Development
10. Recognition
of Service
11. Anti-Discrimination
12. Parental
Leave and Other Entitlements
13. Dispute
Resolution Procedures
14. No Further
Claims
15. Good and
Services Tax
16. Deduction
of Union Membership Fees
17. Secure
Employment
18. WorkHealth
and Safety
Table 1 - Remuneration, Monetary Rates
2. Definitions
2.1 "Appointed
Saturday School Community Language Teacher" means an employee who has been
appointed to an ongoing position at Saturday School of Community Languages.
2.2 "Assistant
Supervisor" means an employee who assists the Supervisor and who acts in
his/her capacity during the absence of the Supervisor.
2.3 "Centre"
means a location at which language teaching and learning is conducted by the
Saturday School of Community Languages.
2.4 "Conditionally
Approved Saturday School Community Language Teacher" means an employee who
is responsible as part of a team for the educational instruction of students in
a Centre of the Saturday School of Community Languages whose approval to teach
is conditional upon completion of the Saturday School Language Intensive
Methodology Course or equivalent educational requirements as determined by the
Director-General.
2.5 "Casual
Saturday School Community Language Teacher" means an employee who is not
appointed to an ongoing position at the Saturday School of Community Languages.
2.6 "Curriculum
Co-ordinator" means an employee who assists the Centre Supervisor and the
Principal, Saturday School of Community Languages in curriculum implementation;
development of curriculum resources and provision of advice on language
teaching methodology.
2.7 "Department"
means the Department of Education and Communities.
2.8 "Director
of Curriculum Support" means the officer appointed by the Director-General
to be responsible for the operation of the Curriculum Directorate of the
Department.
2.9 "Director-General"
means the Director-General of Education and Communities.
2.10 "Employee"
means an Appointed Saturday School Community Language Teacher, a Casual
Saturday School Community Language Teacher, Conditionally Approved Saturday
School Community Language Teacher, Curriculum Co-ordinator, Assistant
Supervisor or Supervisor engaged at the Saturday School of Community Languages
pursuant to s.47 of the Constitution Act 1902 (NSW).
2.11 "Federation"
means the New South Wales Teachers Federation.
2.12 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.13 "Minister"
means the Minister for Education .
2.14 "Parties"
means the Department and the Federation.
2.15 "Principal,
Saturday School of Community Languages" means the officer appointed by the
Director-General to be responsible for the operation of the Saturday School of
Community Languages.
2.16 "Saturday
School Community Language Teacher" means an employee responsible as part
of a team for the educational instruction of students in a community language.
2.17 "Saturday
School of Community Languages" means a multi-location facility established
by the Department to provide an avenue for students of a particular community
language background to pursue the study of that language which cannot otherwise
be studied in the student’s regular school.
2.18 "Supervisor"
means an employee who co-ordinates a team of assistant supervisors, curriculum
co-ordinators, teachers and clerical staff and is responsible for the
educational and administrative leadership at an operating location of the
Saturday School of Community Languages.
3. Employment
Jurisdiction
3.1 The employment
jurisdiction conferred upon the Minister by the Constitution Act 1902 is
intended by the parties to remain unaltered by anything contained in this Schedule.
4. Recruitment and
Appointment
4.1 Employees
covered by this schedule are engaged to teach in the Department's Saturday
School of Community Languages.
4.2 Offers of
appointment and continuing employment during periods of appointment shall be conditional
on:
4.2.1 the Saturday
School of Community Languages' ongoing need for the service provided; and
4.2.2 satisfactory
performance of duties.
4.3 For appointed
employees satisfactory performance of duties shall be appraised by annual
review which may, where appropriate, and in paid time, be supported by:
(i) conferences
between the employee and principal or nominee;
(ii) observations of
educational programs;
(iii) review of
documentation such as lesson planning, lesson materials and student work plan,
evaluations and reports.
4.4 In implementing
the annual review the following shall be taken into account:
(i) the level of
experience of the employee (so that less experienced employees are given
greater attention); and
(ii) the particular
circumstances of the centre.
4.5 The annual
review shall be supported by way of a new teacher assessment and review
schedule which will be negotiated by the parties.
4.6 Appointments
shall be made on merit and shall be subject to the qualification requirements
as specified in subclauses 4.7, 4.8 and
4.9 of this clause.
4.7 Persons
appointed as Saturday School Community Language Teachers, Casual Saturday
School Community Language Teachers, Conditionally Approved Saturday School Community
Language Teachers, Curriculum Co-ordinators, Assistant Supervisors and
Supervisors are required to possess appropriate qualifications or experience as
determined by the Director-General following consultation with the Teachers
Federation.
4.8 Saturday School
Community Language Teachers are required to possess either a teaching
qualification or a language teaching methodology qualification (eg the Saturday
School Language Intensive Methodology Course).
4.9 Conditionally
Approved Saturday School Community Language Teachers are required to complete
an appropriate languages methodology course as determined by the
Director-General following consultation with the Teachers Federation, during
their period of employment. Payment for participation in the course shall be in
accordance with subclause 9.4 of clause 9, Training and Development.
5. Allocation to
Centres and Classes
5.1 Allocation of
employees to Centres and classes shall be the responsibility of the Principal,
Saturday School of Community Languages.
The Principal shall consider the following matters in the allocation to
Centres and classes:
5.1.1 continuity of
educational programs;
5.1.2 distance
travelled from home to centre; and
5.1.3 curriculum needs
of the centre.
6. Duties as Directed
6.1 The
Director-General, his/her delegate, nominee or representative may direct an
employee to carry out such duties as are within the limits of the employee’s
skill, competence and training consistent with the classifications covered by
the award and provided that such duties are not designed to promote
de-skilling.
6.2 The
Director-General may direct an employee to carry out such duties and use such
tools, materials and equipment as may be required, provided that the employee
has been properly trained in the use of such tools, materials and equipment.
6.3 Any directions
issued by the Director-General pursuant to subclauses 6.1 and 6.2 of this
clause shall be consistent with the Director-General’s responsibility to
provide a safe and healthy working environment.
7. Remuneration
7.1 Rates of pay
shall be paid in accordance with Table 1, Remuneration, Monetary Rates to this schedule. The rates of pay for
employees are as set out in Table 1 - Remuneration, Monetary Rates, to this
schedule.
7.2 Subject to
clause 8, Travel Expenses, the above rates of pay are fully inclusive rates
which incorporate remuneration for all terms and conditions of employment.
7.3 Supervisors,
Assistant Supervisors and Curriculum Coordinators shall be paid no less than
the Saturday sessional rates as prescribed in the said Table 1 for
administrative, supervisory and curriculum coordination work undertaken at a
Centre. Saturday sessional rates
include payment for incidental work such as securing premises and resources, peak
time administrative duties, irregular consultations with students, parents and
staff, and the parent/teacher meetings and presentation days as set down in the
Saturday School calendar.
7.4 Sessional work
on a Saturday for Supervisors, Assistant Supervisors and Curriculum
Co-ordinators shall be of four hours duration, unless otherwise determined by
the Principal, Saturday School of Community Languages in consultation with the
employee and with due notice and shall be remunerated at the sessional rates prescribed
in Table 1, Monetary Rates.
7.5 Where a
Supervisor, Assistant Supervisor or Curriculum Coordinator is required by the
Principal, Saturday School of Community Languages to work at a Centre, hours
additional to the four sessional hours specified in subclause 7.4 of this
clause, including regular additional hours to meet the ongoing needs of
particular Centres, remuneration for these hours shall be paid at the hourly
rates prescribed in Table 1 for each additional hour that they are required to
work. Periods of less than one hour
shall be remunerated in intervals of 30 minutes or part thereof.
7.6 Saturday School
Community Language Teachers and Conditionally Approved Saturday School
Community Language Teachers shall be paid the hourly rates of pay prescribed in
Table 1. The approved paid hours for
these classifications of teachers shall be as follows:
7.6.1 Year 7 - 10
classes - 2.75 hours per week
7.6.2 Years 11 - 12
Continuers and Background Speakers course classes - 3.75 hours per week
7.6.3 Year 12 Extension
course classes - an additional one hour per week.
7.7 For an Appointed
Saturday School Community Language Teacher, Casual Saturday School Community
Language Teacher or Conditionally Approved Saturday School Community Language
Teacher to be entitled to payment for hours in addition to those prescribed in
subclause 7.6 of this clause, prior approval to work the additional hours must
be obtained from the Principal, Saturday School of Community Languages.
Additional hours shall be remunerated at the hourly rates prescribed in Table
1. Periods of less than one hour shall be remunerated in intervals of 30
minutes or part thereof.
7.8 An Appointed
Saturday School Community Language Teacher, Casual Saturday School Community
Language Teacher and Conditionally Approved Saturday School Community Language
Teachers approved paid hours as prescribed in subclause 7.6 include 0.5 hours
preparation time and 0.25 hours playground duty.
7.9 During the 0.5
hours preparation time Appointed Saturday School Community Language Teachers,
Casual Saturday School Community Language Teachers and Conditionally Approved
Saturday School Community Language Teachers may be required to be present at
their Centres, if considered necessary by the Supervisor, for consultation with
staff, students and/or parents.
7.10 Salary packaging
7.10.1 For the purposes
of this clause "salary" means the salary or rates of pay prescribed
for the employee's classification by Table 1 and any allowances paid to an
employee which form part of the employee’s salary for superannuation purposes.
7.10.2 An employee may,
by agreement with the employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
Any pre-tax and post-tax payroll deductions must be
taken into account prior to determining the amount of salary available to be
packaged. Such payroll deductions may include but are not limited to,
compulsory superannuation payments, HECS payments, child support payments,
judgment debtor/garnishee orders, union fees, health fund premiums.
7.10.3 The terms and
conditions of the salary packaging arrangement, including the duration as agreed
between the employee and employer, will be provided in a separate written
agreement, in accordance with the Department’s salary packaging guidelines.
Such agreement must be made prior to the period of service to which the
earnings relate.
7.10.4 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
7.10.4.1 any
fringe benefits tax liability arising from a salary packaging arrangement; and
7.10.4.2 any
administrative fees.
7.10.5 Where the employee
makes an election to salary package the following payments made by the employer
in relation to an employee shall be calculated by reference to the annual
salary which the employee would have been entitled to receive but for the
salary packaging arrangement:
7.10.5.1 Superannuation
Guarantee Contributions;
7.10.5.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
7.10.5.3 payments
made in relation to accrued leave paid on termination of the employee’s
employment or on the death of the employee.
8. Travel Expenses
8.1 Where an
employee is required and authorised to travel in the performance of their
duties, reimbursement for travel expenses shall be paid in accordance with the
provisions applying to other Departmental teachers.
8.2 Employees are
not regarded as teachers timetabled to teach in more than one school when
determining reimbursement for travel expenses.
9. Training and
Development
9.1 The Department
confirms its commitment to training and development for employees and shall
provide appropriate training and development opportunities to meet this
commitment within the context of the needs and priorities of the Saturday
School of Community Languages. The
Department has an expectation that employees shall attend appropriate staff
development and curriculum co-ordination activities. The appropriateness of the activities shall be determined by the
Principal, Saturday School of Community Languages in consultation with Supervisors.
9.2 Employees
recognise the importance of maintaining and updating their skills for the
benefit of the students of the Saturday School of Community Languages.
9.3 Approved
attendance at training and development courses and staff development and
curriculum co-ordination activities shall be remunerated as additional hours in
accordance with subclauses 7.5 or 7.7 of clause 7, Remuneration.
9.4 Conditionally
Approved Saturday School Community Language Teachers shall have the opportunity
to undertake an appropriate language methodology course as determined by the
Director-General following consultation with the Federation. Any time spent on workshop components of
such a course up to a maximum of fifty-five hours shall be paid. Time spent on
any workshop components of an appropriate language methodology course as
determined by the Director-General shall be paid at the hourly rate prescribed
for Conditionally Approved Saturday School Community Language Teachers as set
out in Table 1 - Monetary Rates. Such
payment shall be made for each workshop attended. Payment shall be made at the conclusion of the course.
10. Recognition of
Service
10.1 Employees holding
a Departmental approval to teach in regular government schools in New South
Wales, not otherwise permanently employed by the Department, shall have service
at the Saturday School of Community Languages from 4 August 1995 recognised as
service with the Department, on the basis that each six approved paid hours at
the Saturday School of Community Languages, pursuant to clause 7, Remuneration
shall be equivalent to one day of service.
10.2 Employees holding
a Departmental approval to teach in regular government schools in NSW but not
otherwise permanently employed by the Department shall have service at the
Saturday School of Community Languages from 4 August 1995 recognised for the
purposes of incremental progression on permanent appointment to the Department.
11.
Anti-Discrimination
11.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
11.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It shall be consistent with the fulfilment
of these obligations for the parties to make application to vary any provision
of the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
11.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
11.4 Nothing in this
clause is to be taken to affect:
11.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
11.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
11.4.3 any act of practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1997;
11.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
11.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
12. Parental Leave
and Other Entitlements
12.1 Employees will be
entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section
54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996,
if they meet the definition of a regular casual employee (see section 53(2) of
the Industrial Relations Act 1996). The following provisions shall also
apply in addition to those set out in the Industrial Relations Act 1996
(NSW).
12.1.1 The
Director-General must not fail to re-engage an employee who meets the
definition of a regular casual employee because:
(i) the employee or
employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of the Director-General in relation to
engagement and re-engagement of employees are not affected, other than in
accordance with this clause.
12.2 Personal Carers
Entitlements
12.2.1 Employees are
entitled to not be available to attend work, or to leave work if they need to
care for a family member described in 12.4.2 below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is
subject to the evidentiary requirements set out below in 12.2.4, and the notice
requirements set out in 12.2.5.
12.2.2 The
Director-General and the employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The employee is not entitled to any
payment for the period of non-attendance.
12.2.3 The
Director-General must not fail to re-engage an employee because the employee
accessed the entitlements provided for in this clause. The rights of the
Director-General to engage or not to engage an employee are otherwise not
affected.
12.2.4 The employee
shall, if required,
(i) 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, or
(ii) establish by
production of documentation acceptable to the Director-General or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
12.2.5 The employee must,
as soon as reasonably practicable and during the ordinary hours of the first day
of such absence, inform the Director-General of their inability to attend for
duty. If it is not reasonably practicable to inform the Director-General during
the ordinary hours of the first day of such absence, the employee will inform
the Director-General within 24 hours of the absence.
12.3 Bereavement
entitlements
12.3.1 Employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a family member on production of satisfactory evidence (if
required by the Director-General).
12.3.2 The
Director-General and the employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The employee is not entitled to any
payment for the period of non-attendance.
12.3.3 The
Director-General must not fail to re-engage a employee because the employee
accessed the entitlements provided for in this clause. The rights of the
Director-General to engage or not engage a employee are otherwise not affected.
12.3.4 The employee must,
as soon as reasonably practicable and during the ordinary hours of the first
day or shift of such absence, inform the Director-General of their inability to
attend for duty. If it is not reasonably practicable to inform the
Director-General during the ordinary hours of the first day or shift of such
absence, the employee will inform the Director-General within 24 hours of the
absence.
12.4 The entitlement
in accordance with this clause is subject to:
12.4.1 the employee being
responsible for the care and support of the person concerned; and
12.4.2 the person
concerned being:
(i) a spouse of the
employee; or
(ii) a de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(iii) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of the spouse or of the
de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee 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.
13. Dispute
Resolution Procedures
13.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute,
question or difficulty about an industrial matter arise then the following
procedures shall apply:
13.1.1 Should any dispute
(including a question or difficulty) arise as to matters occurring in a
particular workplace, then the employee and/or the Federation’s workplace
representative shall raise the matter with the appropriate Principal or
Supervisor as soon as practicable.
13.1.2 The Principal or
Supervisor shall discuss the matter with the employee and/or the Federation’s
workplace representative within two working days with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
13.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute or should the
matter be of a nature which involves multiple workplaces, then the employee
and/or the Federation may raise the matter with an appropriate officer of the
Department with a view to resolving the dispute, or by negotiating an agreed
method and time frame for proceeding.
13.2 Where the above
procedures in subparagraph 13.1 do not lead to a resolution of the dispute, the
matter shall be referred to the Deputy Director-General Corporate Services of
the Department and the General Secretary of the Federation. They or their nominees shall discuss the
dispute with a view to resolving the matter or negotiating an agreed method and
time frame for proceeding.
13.3 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
14. No Further Claims
14.1 Except as
provided by the Industrial Relations Act 1996, there shall be no further
salaries or conditions claims by the parties prior to 31 December 2013 in
relation to matters expressly contained in this schedule.
15. Goods and
Services Tax
15.1 The parties shall
monitor the overall impact of the Commonwealth Government’s goods and services
tax through the term of the award. In the event that the Industrial Relations
Commission makes a State decision (as defined by section 49 of the Industrial
Relations Act 1996) having regard to the impact on wages of the goods and
services tax, the Federation reserves the right to make application to the
Industrial Relations Commission in relation to that decision.
16. Deduction of
Union Membership Fees
16.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
16.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
16.3 Subject 16.1 and
16.2 above, the employer shall deduct union fortnightly membership fees from
the pay of any employee who is a member of the union in accordance with the
union's rules, provided that the employee has authorised the employer to make
such deductions.
16.4 Monies so
deducted from employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
16.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
16.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
17. Secure Employment
17.1 A Casual Saturday
School Community Language Teacher engaged on a regular and systematic basis
during two consecutive terms (equivalent to 20 Saturdays) in a calendar year
shall thereafter have the right to elect to have his or her ongoing contract of
employment converted to Appointed Saturday School Community Language Teacher
status if the position is to continue beyond the conversion process prescribed
by this clause. Casual engagements which do not give a teacher the right to
elect because that would contravene paragraph 17.4 will be identified on
engagement.
17.2 The Department
shall give the Casual Saturday School Community Language Teacher notice in
writing of the provisions of this clause within four weeks of the Casual
Saturday School Community Language Teacher having attained such period of two
consecutive school terms. However, the Casual Saturday School Community
Language Teacher retains his or her right of election under this clause if the
Department fails to comply with this notice requirement.
17.3 Any Casual
Saturday School Community Language Teacher who has a right to elect under
subclause 17.1, upon receiving notice under subclause 17.2 or after the expiry
of the time for giving such notice, may give four weeks' notice in writing to
the Department that he or she seeks to elect to be converted to Appointed
Saturday School Community Language Teacher status and within four weeks of receiving
such notice from the Casual Saturday School Community Language Teacher, the
Department shall consent to or refuse the election, but shall not unreasonably
so refuse.
17.4 When deciding
whether to consent or refuse an election made in accordance with paragraph
17.3, the Department will not consent to conversion if conversion would result
in the Casual Saturday School Community Language Teacher being appointed to a
position which is already occupied by an Appointed Saturday School Community
Language Teacher who is on leave or otherwise absent.
17.5 Where the
Department refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the Casual Saturday School Community Language
Teacher concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
17.6 Any Casual Saturday
School Community Language Teacher who does not, within four weeks of receiving
written notice from the Department, elect to convert his or her ongoing
contract of employment will be deemed to have elected against any such
appointment.
17.7 If there is any
dispute about the arrangements to apply to a Casual Saturday School Community
Language Teacher electing to be appointed, it shall be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
17.8 A Casual Saturday
School Community Language Teacher must not be engaged and re-engaged, dismissed
or replaced in order to avoid any obligation under this clause.
17.9 This clause will
take effect for appointments commencing in 2007.
18. Workhealth and
Safety
18.1 For the purposes
of this clause, the following definitions shall apply:
18.1.1 A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as 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
18.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit 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 other employer which might otherwise have been carried out by that other
employer’s own employees.
18.2 If the employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises, the employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
18.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
18.2.2 provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely.
18.2.3 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
18.2.4 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.
18.3 Nothing in this
clause is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Work Health and Safety Act
2011 or the Workplace Injury Management and Workers Compensation Act 1998.
Schedule 10
Table 1 - Remuneration, Monetary Rates
Saturday School of
Community Languages
|
Saturday Sessional
rate from the
|
|
first pay period
|
Classification
|
to commence on or
after
|
|
1.1.2013
|
|
$
|
Increase
|
2.5%
|
Supervisor
|
680.08
|
Assistant Supervisor
|
538.89
|
Curriculum
|
538.89
|
Co-ordinator
|
|
|
Hourly rate from
the first pay period to
|
Classification
|
commence on or
after
|
|
1.1.2013
|
|
$
|
Increase
|
2.5%
|
Supervisor
|
113.34
|
Assistant Supervisor
|
89.82
|
Curriculum Co-ordinator
|
89.82
|
Teacher
|
73.80
|
Conditionally Approved Teacher
|
68.64
|
W.
R. HAYLEN J
____________________
Printed by
the authority of the Industrial Registrar.