Crown Employees (Saturday School of Community Languages) Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Teachers Federation, Industrial Organisation of Employees.

 

(No. IRC 1327 of 2006)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement, of the award published 16 June 2006 (359 I.G. 735), the following new clause number and subject matter and renumber the existing clause 17, Area, Incidence and Duration to read as clause 18:

 

17.       Secure Employment

 

2.          Insert in clause 2, Definitions, the following new subclause and renumber the existing subclauses 2.1, and 2.2,  to read as subclauses 2.2, and 2.3, respectively.

 

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.

 

3.          Insert in clause 2, Definitions, the following new subclause and renumber the existing subclauses thereafter accordingly:

 

2.4        "Casual Saturday School Community Language Teacher" means an employee who is not appointed to an ongoing position at the Saturday School of Community Languages.

 

4.          Delete clause 4, Recruitment and Appointment, and insert in lieu thereof the following:

 

4.  Recruitment and Appointment

 

4.1        Employees covered by this award are engaged to teach in the Department's Saturday School of Community Languages.

 

4.2        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, plans, 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 4.8, 4.9 and 4.10 of this clause.

 

4.7        Persons appointed as Saturday School Community Language Teachers, Conditionally Approved Saturday School Community Language Teachers, Curriculum Co-ordinators, Assistant Supervisors and Supervisors are required to possess appropriate qualifications or experience as determined by the Director-­General following consultation with the Teachers Federation.

 

4.8        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.          Renumber clause 17, Area, Incidence and Duration, to read as clause 18 and insert the following new clause 17:

 

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.

 

6.          This variation shall take effect from the 27 July 2006. With respect to instructions 1 to 5, the variation shall take effect from 1 January 2007.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.