CROWN EMPLOYEES (SCHOOL ADMINISTRATIVE AND SUPPORT STAFF) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Department of Education and Training..

 

(No. IRC 63 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

PART A

 

1.         Arrangement

2.         Definitions

3.         Anti-Discrimination

4.         Classifications

5.         Rates of Pay

6.         Increments

7.         Hours

8.         Meal Breaks

9.         Allowances

10.       Appointments

11.       Training and Development

12.       Higher Duties Allowance

13.       Performance Management

14.       Flexible Work Organisation

15.       Dispute and Grievance Resolution Procedures

16.       Leave

17.       Travelling Compensation

18.       Overtime

19.       Transferred Employees’ Compensation

20.       Deduction of Association Membership Fees

21        No Further Claims and No Industrial Action

22.       Area, Incidence and Duration

 

PART B

 

Schedule 1 - School Administrative and Support Staff (other

than Aboriginal Education Assistants) - Rates of Pay

Schedule 2 - Aboriginal Education Assistants - Rates of Pay

Schedule 3 - School Administrative and Support Staff -

Allowances

 

2.  Definitions

 

2.1        "Aboriginal education assistant" means a classification of school administrative and support staff for whom the requirement of Aboriginality is a legitimate occupational qualification under section 14(d) of the Anti-Discrimination Act 1977.

 

2.2        "Act" means the Education (School Administrative and Support Staff) Act 1987.

 

2.3        "Association" means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

2.4        "Centre" means a Departmental centre which provides instruction to students, such as a distance education centre, environmental education centre or intensive English centre.

 

2.5        "Continuous employment" means employment for a specific number of hours per week for each week of the school year, which may be broken by school vacations and any approved leave which counts as service.

 

2.6        "Department" means the New South Wales Department of Education and Training.

 

2.7        "Director-General" means the Director-General of Education and Training.

 

2.8        "Employee" means any person employed as a member of the school administrative and support staff.

 

2.9        "Equivalent full-time" means the number of full-time and part-time employees allocated to a school converted to a full-time equivalent.

 

2.10      "Full-time employee" means any person employed as a member of the school administrative and support staff who works 31.25 hours per week or, in the case of a former library clerical assistant covered by the 1988 agreement, 36.25 hours per week.

 

2.11      "Industrial Relations Commission" means the Industrial Relations Commission of New South Wales established by the Industrial Relations Act 1996.

 

2.12      "Long-term temporary employee" means a member of the school administrative and support staff employed by the Director-General on a temporary basis, either full-time or part-time, under section 21 of the Act, for a period in excess of one school term.

 

2.13      "Part-time employee" means any person employed as a member of the school administrative and support staff who works less than 31.25 hours per week.

 

2.14      "Permanent employee" means a member of the school administrative and support staff employed on a permanent basis by the Director-General in the service of the Crown under section 8 of the Act.

 

2.15      "Principal" means the principal of a Department school.

 

2.16      "School" means a Department school where instruction is provided by the Department and includes any place designated as part of, or as an annex to, such school.

 

2.17      "School administrative and support staff" means and includes persons employed as Aboriginal education assistants, school support officers, school administrative officers, school administrative managers, teachers aides (pre-school), teachers aides (special), teachers aides (Braille transcriber), teachers aides (sign interpreters) and teachers aides (ethnic).

 

2.18      "School day" means any weekday during school terms, as specified by the Director-General.

 

2.19      "School for specific purposes" means a school which is classified as such by the Director-General and is established under the Education Act 1990 to provide education for students with disabilities.

 

2.20      "Service" means service as determined by the Director-General.

 

2.21      "Short-term temporary employee" means a member of the school administrative and support staff employed by the Director-General on a temporary basis, either full-time or part-time, under section 21 of the Act, for a period of one school term or less.

 

2.22      "Western, Central and Eastern Divisions" means those areas of New South Wales as described in the 2nd Schedule to the Crown Lands Consolidation Act 1913.

 

3.  Anti-Discrimination

 

3.1        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.

 

3.2        It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

3.3        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.

 

3.4        Nothing in this clause is to be taken to affect:

 

3.4.1     any conduct or act which is specifically exempted from anti-discrimination legislation;

 

3.4.2     offering or providing junior rates of pay to persons under 21 years of age;

 

3.4.3     any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

3.4.4     a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

3.5        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

Notes

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

4.  Classifications

 

4.1        The classifications of school administrative and support staff are as follows:

 

4.1.1     School administrative managers (formerly senior school assistant)

 

(i)         The classification of school administrative manager is comprised of four levels;

 

(ii)        The level of an school administrative manager position is determined as follows:

 

Level	No. of equivalent full-time school administrative manager,
	school administrative officers and school support officers
	allocated to the school by staffing formula
Level 1	Less than 1.4
Level 2	1.4 - less than 1.8
Level 3	1.8 - less than 10
Level 4	10 or more

 

(iii)       The level for a school administrative manager in a school for specific purposes is determined as follows:

 

(a)        A notional number of students is determined by multiplying the number of effective full-time teaching staff to which a school for specific purposes is entitled by 30.

 

(b)        The notional number of students is then applied to the primary school allocation formula to determine a notional number of school administrative managers, school administrative officers and school support officers and thus which level of school administrative manager is to apply.

 

4.1.2     School administrative officer (formerly school assistant)

 

4.1.3     School support officer

 

4.1.4     Aboriginal education assistant

 

4.1.5     Teachers aide (pre-school)

 

4.1.6     Teachers aide (special)

 

4.1.7     Teachers aide (Braille transcriber)

 

4.1.8     Teachers aide (sign interpreters)

 

4.1.9     Teachers aide (ethnic).

 

5.  Rates of Pay

 

5.1.       The rates of pay that apply to classifications of school administrative and support staff other than Aboriginal education assistants are set out in Schedule 1 of Part B.

 

5.2        The rates of pay that apply to Aboriginal education assistants are set out in Schedule 2 of Part B.

 

5.3        The rates of pay for school administrative manager, school administrative officer and school support officer are equivalent to administrative and clerical classifications on a pro rata basis as follows:

 

5.3.1     school support officer is equivalent to general scale clerk, year 5

 

5.3.2     school administrative officer is equivalent to general scale clerk, year 9

 

5.3.3     school administrative manager level 1 is equivalent to clerk grade 2, year 1

 

5.3.4     school administrative manager level 2 is equivalent to clerk grade 2, year 2

 

5.3.5     school administrative manager level 3 is equivalent to clerk grade 3, year 1

 

5.3.6     school administrative manager level 4 is equivalent to clerk grade 3, year 2.

 

5.4        During the term of this award, the rates of pay as set out in Schedules 1 and 2 will be adjusted to reflect increases in any equivalent classifications under the Crown Employees (Public Sector - Salaries January 2002) Award and any successor instrument to that award.

 

5.5        The hourly rates of pay for permanent employees set out in Schedule 1 and Schedule 2 of Part B provide for 26 equal pays over the period of a year as follows:

 

Hourly rate	x	weekly hours of work	x	52.17857
		26

 

5.6        A permanent employee's extended leave will be paid at the hourly rate of pay specified in Schedule 1 and Schedule 2 of Part B, multiplied by 1.058.

 

5.7        A long-term temporary employee's hourly rate of pay is determined by multiplying the hourly rate of pay of a permanent employee by 1.058.

 

5.8        A short-term temporary employee's hourly rate of pay is determined by multiplying the hourly rate of pay of a permanent employee by 1.15.  This loaded hourly rate of pay incorporates a payment in lieu of a recreation leave entitlement.

 

5.9        Salary Sacrifice to Superannuation

 

5.9.1     Notwithstanding the salaries prescribed by this award, an employee may elect, subject to the agreement of the Department, to sacrifice a portion of the salary payable under this clause, to additional employer superannuation contributions.  Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed must not exceed 50 per cent of the salary payable under clause  or 50 per cent of the currently applicable superannuable salary, whichever is the lesser.  In this clause "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

5.9.2     Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(i)         subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and

 

(ii)        any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payment for leave taken in service, to which an employee is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this clause in the absence of any salary sacrifice to superannuation made under this award.

 

5.9.3     The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(i)         paid into the superannuation scheme established under the First State Superannuation Act 1992, as optional employer contributions; or

 

(ii)        subject to the Department’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

5.9.4     Where an employee elects to salary sacrifice in terms of paragraph 5.9.3 of this subclause, the Department will pay the sacrificed amount into the relevant superannuation fund.

 

5.9.5     Where the employee is a member of a superannuation scheme established under the:

 

(i)         Police Regulation (Superannuation) Act 1906;

 

(ii)        Superannuation Act 1916;

 

(iii)       State Authorities Superannuation Act 1987;

 

(iv)      State Authorities Non-contributory Superannuation Act 1987; or

 

(v)       First State Superannuation Act 1992,

 

the Department must ensure that the amount of any additional employer superannuation contributions specified in paragraph 5.9.1 of this subclause is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

5.9.6     Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the Department to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in paragraph 5.9.5 of this subclause, the Department will continue to base contributions to that fund on the salary payable under this clause to the same extent as applied before the employee sacrificed a portion of that salary to superannuation.  This clause applies even though the superannuation contributions made by the employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.

 

6.  Increments

 

6.1        The payment of increments, where applicable, under the rates of pay prescribed in Schedule 1 and Schedule 2 of Part B shall be subject to approval by the Director-General's delegate.

 

6.2        Subject to satisfactory performance, permanent and temporary teachers aide (Braille, ethnic, sign interpreter, special and pre-school) may progress along the relevant incremental rate of pay scale as follows:

 

6.2.1     Permanent adult employees, irrespective of the number of hours worked in a week, are eligible to receive an increment at the completion of each year of continuous employment.

 

6.2.2     Temporary adult employees continuously employed, irrespective of the number of hours worked in a week, are eligible to receive an increment at the completion of each year of continuous employment.

 

6.2.3     Permanent and temporary junior employees commence on junior rates and progress to the next increment on completion of 12 months' service or at age 20.

 

6.3        Aboriginal Education Assistants

 

6.3.1     An Aboriginal education assistant who successfully completes:

 

(i)         the first stage of a relevant course of training approved by the Director-General shall be paid the third year rate of pay contained in Schedule 2 of Part B;

 

(ii)        the second stage of a relevant course of training approved by the Director-General shall be paid the fifth year rate of pay contained in Schedule 2 of Part B.

 

6.3.2     An Aboriginal education assistant shall not progress:

 

(i)         beyond the fourth year rate of pay contained in Schedule 2 of Part B unless he or she has successfully completed the second stage of a relevant course of training approved by the Director-General;

 

(ii)        to the sixth year rate of pay contained in Schedule 2 of Part B until completion of the third stage of a relevant course of training approved by the Director-General.

 

7.  Hours

 

7.1        The normal hours of work for full-time employees shall not exceed 31 hours 15 minutes per week between 8.00 am and 4.30 pm on school days, provided that:

 

7.1.1     full-time school administrative managers shall work 33 hours 20 minutes per week;

 

7.1.2     former library clerical assistants covered by the 1988 agreement may continue to work 36.25 hours per week.

 

7.2        Starting and finishing times of employees shall be as determined by the principal in agreement with an employee or employees to suit the needs of the school.

 

7.3        Normal hours of work shall be structured to avoid broken periods of duty, i.e. there shall be no split shifts.

 

7.4        The actual hours worked by an employee in any week may, by agreement between the principal and the employee, be averaged over periods of up to 10 weeks between the hours of 7.30 am and 6.00 pm; provided that the total hours worked in a 10-week period are:

 

7.4.1     312 hours 30 minutes for full-time employees working 31 hours 15 minutes per week; or

 

7.4.2     333 hours 20 minutes for full-time employees working 33 hours 20 minutes per week; or

 

7.4.3     362 hours 30 minutes for full-time employees working 36 hours 15 minutes per week.

 

The pattern of hours worked by an employee under such an arrangement must be approved by the principal taking into account the needs of the school.

 

7.5        Aboriginal education assistants receive a rate of pay which covers all incidents of employment.

 

8.  Meal Breaks

 

8.1        Employees who work not less than four hours per day shall be entitled to an unpaid lunch break of not less than 30 minutes each day.

 

8.2        Employees who work more than two hours from the commencement of the school day shall be entitled to a paid morning tea break of 10 minutes each day.

 

8.3        To meet the needs of the school, the principal may vary the time at which the lunch and morning tea breaks are taken and may stagger lunch breaks.

 

9.  Allowances

 

9.1        First-aid Allowance

 

9.1.1     A first-aid allowance as set out in Item 1 of Schedule 3 of Part B is payable to approved employees holding a current St John Ambulance First-aid Certificate or its equivalent for undertaking first-aid duties.

 

9.2        Administration of Prescribed Medications Allowance

 

9.2.1     An administration of prescribed medications allowance as set out in Item 2 of Schedule 3 of Part B is payable to approved employees who have agreed to administer prescribed medications and have completed appropriate training.  The allowance is paid only on days worked.

 

9.3        Health Care Procedures Allowance

 

9.3.1     A health care procedures allowance as set out in Item 3 of Schedule 3 of Part B is payable to approved teachers aides (special) who have agreed to perform health care procedures in accordance with agreed Department and Association guidelines and who have completed appropriate training.  The allowance is paid only on days worked.

 

10.  Appointments

 

10.1      Provisions relating to the appointment of employees shall be as set out below in subclauses 10.2 to 10.7 of this clause.

 

10.2      School Administrative Manager Positions

 

10.2.1               Where, in accordance with paragraph 4.4.1 of clause 4, Classifications, the level of a school administrative manager position is increased due to increased student enrolments, the incumbent, if permanent, may be directly appointed to the position on the recommendation of the principal and approval by the Director of Staffing Services or a delegated officer.

 

10.2.2               Where, in accordance with the said paragraph 4.4.1, the level of a school administrative manager position is reduced due to decreased student enrolments in a school:

 

(i)         the level of the position shall be placed on review from the commencement of Term 2 to the completion of Term 1 the following school year;

 

(ii)        the current rate of pay and level of the incumbent of that position shall continue for the period of review.  The incumbent may apply for appointment to another school during the review period;

 

(iii)       should student enrolments not increase in the school on the conclusion of the review period, the incumbent of the position may:

 

(a)        be directly appointed to the nearest suitable vacancy of an equal level;

 

(b)        request retention in the current position at the lower level; or

 

(c)        apply for appointment to a school administrative officer position.  Such application will be given priority over school administrative officer transfer applications.

 

10.2.3               Where positions are not filled under the provisions of paragraphs 10.2.1 or 10.2.2 of this subclause, transfer applications on compassionate grounds from permanent school administrative managers shall be considered.

 

10.2.4               Where the transfer process does not result in an appointment, the position shall be filled by merit selection following internal advertisement within the Department of Education and Training.  All permanent employees, whether full-time or part-time, are eligible to apply.

 

10.2.5               Where the selection panel does not recommend an appointment following internal advertisement, the position may be advertised in the press.

 

10.3      School Administrative Officer Positions

 

10.3.1               Applications for transfer from permanent school administrative officers shall be considered in the first instance.

 

10.3.2               Where the transfer process does not result in an appointment, the position shall be filled by merit selection following press advertisement.

 

10.4      School Support Officer Positions

 

10.4.1               Applications for transfer from permanent school support officers shall be considered in the first instance.

 

10.4.2               Where the transfer process does not result in an appointment, the position shall be filled by merit selection following press advertisement.

 

10.5      Teachers Aide Positions

 

10.5.1               Applications for transfer from permanent teachers aides shall be considered in the first instance.

 

10.5.2               Where the transfer process does not result in an appointment, the position shall be filled by merit selection following press advertisement.

 

10.6      Aboriginal Education Assistant Positions

 

10.6.1               Applications for transfer from permanent Aboriginal education assistants shall be considered in the first instance with preference given to a permanent Aboriginal education assistant whose position has been abolished.

 

10.6.2               Following placement of permanent Aboriginal education assistants under paragraph 10.6.1 of this subclause, remaining vacant positions shall be filled by merit selection following internal advertisement within the Department of Education and Training and the press.

 

11.  Training and Development

 

11.1      The Department and the Association confirm a commitment to training and development for all employees.  Employees recognise their obligation to maintain and update their skills.  The Department recognises its obligation to provide employees with opportunities to maintain and update their skills.

 

11.2      Employees shall be provided with opportunities for training and development so that they will form a highly skilled, competent and committed workforce, experiencing job satisfaction and providing high quality service.

 

11.3      Training and development will be based on:

 

11.3.1               identified competencies in accordance with the NSW Public Sector Competencies Framework;

 

11.3.2               a focus on both current and future job needs and career path planning; and

 

11.3.3               recognition of each person's prior learning and building on this through the acquisition of new competencies.

 

11.4      Employees attending approved training and development activities during the hours of 7.30 am to 6.00 pm on a school day shall be regarded as being on duty.

 

11.5      Approved training and development activities shall be conducted, wherever possible, during the hours of 7.30 am to 6.00 pm on a school day.  When employees (other than Aboriginal education assistants) attend Departmentally approved training activities conducted outside these hours, they are eligible to be paid overtime in accordance with provisions contained in clause 18, Overtime.

 

11.6      Employees shall be entitled to reimbursement of any actual necessary expenses regarding travel, meals and accommodation incurred in attending training and development activities.

 

12.  Higher Duties Allowance

 

12.1      A permanent or long-term temporary employee who is directed to carry out a period of relief in a higher position for a period of five consecutive days or more shall be paid a higher duties allowance subject to:

 

12.1.1               satisfactory performance of the whole of the duties and assuming the whole of the responsibilities which would ordinarily be performed and assumed by the employee appointed to that position; and

 

12.1.2               the allowance paid will be the difference between the present rate of pay of the employee and the rate of pay to which they would have been entitled if appointed to that position; or

 

12.1.3               where the employee does not assume the whole of the duties and responsibilities of the position, the amount of any allowance will be determined by the principal as a proportion of the duties and responsibilities which are satisfactorily undertaken.

 

12.2      Employees who have relieved continuously for 12 calendar months or more, inclusive of school vacation periods, in the same higher-graded position are eligible for the payment of higher duties allowance for any leave which is taken during the ongoing period of relief.

 

13.  Performance Management

 

13.1      The objective of performance management is to enhance the performance of the Department and to support the career development and aspirations of employees.  All employees need to understand the role, accountabilities and performance standards that are expected of them.  All employees are entitled to feedback and constructive support to improve performance.

 

14.  Flexible Work Organisation

 

14.1      The Department and the Association agree to facilitate flexible work organisation in schools as follows:

 

14.1.1               The principal or employees in a school or other workplace may seek to vary its organisation in order to improve service to students and/or to improve employees’ working arrangements, provided that:

 

(i)         the proposal can be implemented within the school's current overall staffing entitlement;

 

(ii)        the proposal has the concurrence of the principal (or other responsible officer) and the majority of the employees;

 

(iii)       the majority of the employees directly affected by the proposal concur;

 

(iv)       consultation with staff, parents, students and relevant community groups is undertaken where appropriate; and

 

(v)        consideration is given to equity and gender and family issues involved in the proposal.

 

15.  Dispute and Grievance Resolution Procedures

 

15.1      Subject to the provisions of the Industrial Relations Act 1996, should any dispute (including a question or difficulty) about an industrial matter arise, then the following procedures shall apply:

 

15.1.1               Should any dispute, question or difficulty arise as to matters occurring in a particular workplace, then the employee and/or Association workplace representative will raise the dispute, question or difficulty with the principal/supervisor as soon as practicable.

 

15.1.2               The principal/supervisor will discuss the matter with the employee and/or Association representative within two working days with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time frame for proceeding.

 

15.1.3               Should the above procedure be unsuccessful in producing a resolution of the dispute, question or difficulty or should the matter be of a nature which involves multiple workplaces, then the individual employee or the Association may raise the matter with an appropriate officer of the Department with a view to resolving the dispute, question or difficulty or negotiating an agreed method and time frame for proceeding.

 

15.1.4               Where the procedures in paragraph 15.1.3 of this subclause do not lead to resolution of the dispute, question or difficulty, the matter will be referred to the General Manager of Industrial Relations and Employment Services of the Department and the General Secretary of the Association.  They or their nominees will discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

15.1.5               Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

16.  Leave

 

16.1      Adoption Leave

 

16.1.1               A permanent or long-term temporary employee adopting a child and who will be the primary care-giver shall be entitled to be granted adoption leave:

 

(i)         for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

(ii)        for such period, not exceeding 12 months on a full-time basis, as the Director-General may determine, if the child has commenced school at the date of the taking of custody.

 

16.1.2               A permanent or long-term temporary employee who has been granted adoption leave may, with the permission of the Director-General, take leave:

 

(i)         full-time for a period not exceeding 12 months; or

 

(ii)        part-time over a period not exceeding two years; or

 

(iii)       partly full-time and partly part-time over a proportionate period of up to two years.

 

16.1.3               Adoption leave shall commence on the date that the employee takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the employee.

 

16.1.4               A permanent or long-term temporary employee who will be the primary care-giver from the date of taking custody of the adopted child shall be entitled to payment at the ordinary rate of pay for a period of nine weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period, if the employee completed not less than 40 weeks' of continuous service prior to the commencement of adoption leave.

 

16.1.5               Except as provided in paragraph 16.1.4 of this subclause, adoption leave shall be granted without pay.

 

16.2      Annual Leave Loading

 

16.2.1               A permanent or long-term temporary employee is entitled to payment of an annual leave loading of 17½ per cent on the monetary value of up to four weeks' recreation leave accrued in a leave year, subject to the provisions set out in paragraphs 16.2.2 to 16.2.4 of this subclause.

 

16.2.2               Where additional leave is accrued by a permanent or long-term temporary employee stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading shall continue to be paid on a maximum of four weeks' leave.

 

16.2.3               For the calculation of the annual leave loading, the leave year shall commence at the beginning of term one each year and shall end at the end of term four.

 

16.2.4               Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year.  Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

16.3      Extended Leave

 

16.3.1               A permanent or long-term employee shall be entitled to extended leave of 44 working days on full pay after completing 10 years of service and a further 11 working days for each completed year of service after 10 years.

 

16.3.2               Payment for extended leave for permanent employees is calculated using the hourly rates designated in Schedule 1 multiplied by a factor of 1.058.

 

16.3.3               Part-time permanent and long-term temporary employees shall receive a pro rata proportion of the full-time entitlement.

 

16.4      Family and Community Service Leave

 

16.4.1               The Director-General shall, in the case of emergencies or in personal or domestic circumstances, grant to a permanent or long-term temporary employee some or all of the available family and community service leave on full pay.

 

16.4.2               Such cases may include but not be limited to the following:

 

(i)         compassionate grounds - such as the death or illness of a close member of the family or a member of the employee's household;

 

(ii)        accommodation matters up to one day - such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

(iii)       emergency or weather conditions - such as when flood, fire or snow, etc., threaten property and/or prevent an employee from reporting for duty;

 

(iv)      other personal circumstances - such as citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons.

 

16.4.3               Attendance at court by a permanent or long-term temporary employee to answer a charge for a criminal offence, if the Director-General considers the granting of family and community service leave to be appropriate in a particular case.

 

16.4.4               A permanent or long-term temporary employee who is selected to represent Australia or the State as a competitor in major amateur sport (other than Olympic or Commonwealth Games).

 

16.4.5               A permanent or long-term temporary employee who holds office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours.

 

16.4.6               The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a permanent or long-term temporary employee shall be the greater of the leave provided in subparagraphs (i) or (ii) of this paragraph.

 

(i)         2½ days in the first year of service and, on completion of the first year’s service, five days in any period of two years; or

 

(ii)        After the completion of two years’ continuous service, the available family and community service leave is determined by allowing one day's leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the employee.

 

16.4.7               If available family and community service leave is exhausted as a result of natural disasters, the Director-General shall consider applications for additional family and community service leave, if some other emergency arises.  On the death of a person defined in paragraph 16.12.3 of this clause, additional paid family and community service leave of up to two days may be granted on a discrete, per occasion basis to a permanent or long-term temporary employee.

 

16.4.8               In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with subclause 16.12 of this clause shall be granted when paid family and community service leave has been exhausted.

 

16.5      Leave Without Pay

 

16.5.1               The Director-General may grant leave without pay to a permanent or long-term temporary employee if good and sufficient reason is shown.

 

16.5.2               Leave without pay may be granted on a full-time or a part-time basis.

 

16.5.3               For leave up to and including a period of 12 months, a permanent employee has a right of return to the same school at their same classification.  For periods in excess of 12 months and up to and including three years, a permanent employee has a right of return to the nearest suitable vacancy to their previous school.

 

16.5.4               Leave without pay may be granted to long-term temporary employees, provided it does not extend beyond the end of the school year in which it is taken.

 

16.5.5               Where a permanent or long-term temporary employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee shall be paid for any proclaimed public holidays falling during such leave without pay.

 

16.5.6               Where a permanent or long-term temporary employee is granted leave without pay which, when aggregated, does not exceed five working days in a period of 12 months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

16.5.7               A permanent or long-term temporary employee who has been granted leave without pay shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Director-General.

 

16.5.8               A permanent or long-term temporary employee shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

16.6      Maternity Leave

 

16.6.1               A permanent or long-term temporary employee who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:

 

(i)         for a period up to nine weeks prior to the expected date of birth; and

 

(ii)        for a further period of up to 12 months after the actual date of birth.

 

16.6.2               A permanent or long-term temporary employee who has been granted maternity leave may, with the permission of the Director-General, take leave after the actual date of birth:

 

(i)         full-time for a period of up to 12 months; or

 

(ii)        part-time for a period of up to two years; or

 

(iii)       as a combination of full-time and part-time over a proportionate period of up to two years.

 

16.6.3               A permanent or long-term temporary employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

16.6.4               A permanent or long-term temporary employee who completed not less than 40 weeks of continuous service prior to the expected date of birth shall be paid at her ordinary rate of pay for a period not exceeding nine weeks or the period of maternity leave taken, whichever is the lesser period.

 

16.6.5               Except as provided in paragraph 16.6.4 of this subclause, maternity leave shall be granted without pay.

 

16.6.6               For leave up to and including a period of 12 months, a permanent employee has a right of return to the same school at their same classification.  For periods in excess of 12 months and up to and including three years, a permanent employee has a right of return to the nearest suitable vacancy to their previous school.

 

16.7      Military Leave

 

16.7.1               During the period of 12 months commencing on 1 July each year, the Director-General may grant to a permanent or long-term temporary employee who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the employee’s unit.

 

16.7.2               Up to 24 working days' military leave per year may be granted by the Director-General to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in paragraph 16.7.1 of this subclause.

 

16.7.3               At the expiration of military leave, the employee shall furnish to the principal a certificate of attendance signed by the commanding officer or other responsible officer.

 

16.8      Parental Leave

 

16.8.1               A permanent or long-term temporary employee is entitled to take parental leave in respect of each pregnancy of the spouse or partner as follows:

 

(i)         an unbroken period of up to one week at the time of the birth of the child or other termination of the spouse's or partner's pregnancy;

 

(ii)        for a period not exceeding 12 months, less any short parental leave already taken by the employee as provided for in subparagraph 16.8.1(i) of this subclause in order to assume the primary care giving responsibilities.

 

16.8.2               Extended parental leave may commence at any time up to two years from the date of birth of the child.

 

16.8.3               A permanent or long-term temporary employee who has been granted parental leave may, with the permission of the Director-General, take such leave:

 

(i)         full-time for a period not exceeding 12 months; or

 

(ii)        part-time over a period not exceeding two years;

 

(iii)       partly full-time and partly part-time over a proportionate period of up to two years.

 

16.8.4               Parental leave shall be granted without pay.

 

16.8.5               For leave up to and including a period of 12 months, a permanent employee has a right of return to the same school at their same classification.  For periods in excess of 12 months and up to and including three years, a permanent employee has a right of return to the nearest suitable vacancy to their previous school.

 

16.9      Recreation Leave

 

16.9.1               Full-time permanent and long-term temporary employees accrue 20 days' recreation leave per year.  Full-time permanent and long-term temporary employees in the central and western divisions of New South Wales accrue 25 days' recreation leave per year.

 

16.9.2               Part-time permanent and long-term temporary employees receive a pro rata proportion of the full-time entitlement.

 

16.9.3               Recreation leave for permanent or long-term temporary employees is paid during the initial four weeks (five weeks central and western divisions) of the summer school holidays (excluding public holidays).

 

16.10    Sick Leave

 

16.10.1             If the Director-General is satisfied that a permanent or long-term temporary employee is unable to perform duty because of the employee’s illness or the illness of a member of their family, the Director-General:

 

(i)         shall grant to the employee sick leave on full pay; and

 

(ii)        may grant to the employee sick leave without pay if the absence exceeds the entitlement of the employee under this award to sick leave on full pay.

 

16.10.2             Entitlements

 

(i)         Sick leave on full pay accrues to a permanent or long-term temporary employee at the rate of 15 days each school year.  Any leave which is not taken accumulates.

 

(ii)        Sick leave on full pay accrues at the beginning of the school year.  If an employee is appointed after the beginning of the school year, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.

 

(iii)       All continuous service as a permanent or long-term temporary employee shall be taken into account for the purpose of calculating sick leave due.  Where the service is not continuous, previous periods of service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

(iv)      Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.

 

(v)       When determining the amount of sick leave accrued, sick leave granted on less than full pay shall be converted to its full pay equivalent.

 

16.10.3             Paid sick leave which may be granted to a permanent and long-term temporary employee in the first three months of service shall be limited to five days' paid sick leave, unless the Director-General approves otherwise.  Paid sick leave in excess of five days granted in the first three months of service shall be supported by a satisfactory medical certificate.

 

16.10.4             No paid sick leave shall be granted to short-term temporary employees.

 

16.11    Sick Leave - Requirements for Medical Certificate

 

16.11.1             A permanent or long-term temporary employee absent from duty for more than three consecutive working days because of illness must furnish a medical certificate to the Director-General in respect of the absence.

 

16.11.2             A permanent or long-term temporary employee shall be put on notice in advance if required by the Director-General to furnish a medical certificate in respect of an absence from duty for three consecutive working days or less because of illness.

 

16.11.3             If there is any concern about the reason shown on the medical certificate, the Director-General, after discussion with the employee, may refer the medical certificate and the employee’s application for leave to the Government Medical Officer for advice.

 

16.11.4             The nature of the leave to be granted to a permanent or long-term temporary employee shall be determined by the Director-General on the advice of the Government Medical Officer.

 

16.11.5             If sick leave applied for is not granted, the Director-General must, as far as practicable, take into account the wishes of the employee when determining the nature of the leave to be granted.

 

16.11.6             A permanent or long-term temporary employee may elect to have an application for sick leave dealt with confidentially by the Government Medical Officer in accordance with the general public service policy on confidentiality, as applies from time to time.

 

16.11.7             If a permanent or long-term temporary employee who is absent on recreation or extended leave furnishes to the Director-General a satisfactory medical certificate in respect of an illness which occurred during the leave, the Director-General may grant sick leave to the employee if the period set out in the medical certificate is five working days or more.

 

16.11.8             Paragraph 16.11.7 of this subclause applies to all permanent or long-term temporary employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

16.11.9             The reference in this subclause to a medical certificate shall apply, as appropriate, to the certificates of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Director-General's discretion, another registered health services provider.  Where the absence exceeds one week and, unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.

 

16.12    Sick Leave to Care for a Family Member

 

When family and community service leave provided for in subclause 16.4 of this clause is exhausted, a permanent or long-term temporary employee with responsibilities in relation to a category of person set out in paragraph 16.12.3 of this subclause who needs the employee's care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

16.12.1             The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous three years.  In special circumstances, the Director-General may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

16.12.2             If required by the Director-General, the permanent or long-term temporary employee must establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

16.12.3             The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care and support of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        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

 

(c)        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

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        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.

 

16.13    Sick Leave - Workers’ Compensation

 

16.13.1             Pending the determination of an employee’s worker's compensation claim and on production of an acceptable medical certificate, the Director-General shall grant sick leave on full pay for which the employee is eligible, followed, if necessary, by sick leave without pay or, at the employee’s election, by accrued recreation leave or extended leave.

 

16.13.2             If liability for the worker's compensation claim is accepted, then an equivalent period of any sick leave taken by the employee pending acceptance of the claim shall be restored to the credit of the employee.

 

16.13.3             A permanent or long-term temporary employee who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the employee's ordinary rate of pay.  Sick leave utilised in this way shall be debited against the employee.

 

16.13.4             If an employee notifies the Director-General that he or she does not intend to make a claim for any such compensation, the Director-General shall consider the reasons for the employee's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

16.13.5             A permanent or long-term temporary employee may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act.  If an employee refuses to submit to a medical examination without an acceptable reason, the employee shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the employee is not fit to resume employment.

 

16.13.6             If the Director-General provides the permanent or long-term temporary employee with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and, without good reason, the employee fails, to resume or perform such duties, the employee shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

16.13.7             No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

16.14    Sick Leave - other than Workers' Compensation

 

16.14.1             If the circumstances of any injury to or illness of a permanent or long-term temporary employee give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the employee on completion of an acceptable undertaking that:

 

(i)         any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Department to the employee; and

 

(ii)        in the event that the employee receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the employee will repay to the Department the monetary value of any such period of sick leave.

 

16.14.2             Sick leave on full pay shall not be granted to a permanent or long-term temporary employee who refuses or fails to complete an undertaking, except in cases where the Director-General is satisfied that the refusal or failure is unavoidable.

 

16.14.3             On repayment to the Department of the monetary value of sick leave granted to the employee, sick leave equivalent to that repayment and calculated at the employee’s ordinary rate of pay shall be restored to the credit of the employee.

 

16.15    Study Assistance

 

16.15.1             Study assistance of up to three hours per week may be granted on full pay to permanent or long-term temporary employees who are studying on a part-time basis.

 

16.15.2             Approval of study assistance will be at Departmental convenience.  Study assistance may be used for:

 

(i)         attending compulsory lectures or tutorials, where these are held during working hours; and/or

 

(ii)        necessary travel outside working hours to attend lectures, tutorials, etc., held during or outside working hours; and/or

 

(iii)       private study for an approved course.

 

16.15.3             Subject to the convenience of the school or centre, permanent or long-term temporary employees may choose to accumulate part or all of their hours of study assistance to attend compulsory field days or residential schools.

 

16.16    Special Leave

 

16.16.1             Jury Service

 

(i)         A permanent or long-term temporary employee shall, as soon as possible, notify the Director-General of the details of any jury summons served on the employee.

 

(ii)        A permanent or long-term temporary employee who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Director-General a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.

 

(iii)       When a certificate of attendance on jury service is received in respect of any period during which a permanent or long-term temporary employee was required to be on duty, the Director-General shall grant, in respect of any such period for which the employee has been paid out-of-pocket expenses only, special leave on full pay.  In any other case, the Director-General shall grant, at the sole election of the employee, available recreation leave on full pay or leave without pay.

 

16.16.2             Witness at Court - Official Capacity

 

When a permanent or long-term temporary employee is subpoenaed or called as a witness in an official capacity, the employee shall be regarded as being on duty.

 

Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at Court as a witness in an official capacity shall be paid by the Department.

 

16.16.3             Witness at Court - Other than in Official Capacity - Crown Witness

 

A permanent or long-term temporary employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

(i)         be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

(ii)        pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

16.16.4             Called as a Witness in a Private Capacity

 

A permanent or long-term temporary employee who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, leave without pay.

 

16.16.5             Examinations

 

Special leave on full pay up to a maximum of five days in any one year shall be granted to permanent or long-term temporary employees for the purpose of attending at any examination approved by the Director-General.

 

Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

16.16.6             Association Activities

 

Special leave on full pay may be granted to permanent or long-term temporary employees who are accredited trade union delegates to undertake approved trade union activities as specified below:

 

(i)         annual or biennial conferences of the Association;

 

(ii)        meetings of the Association’s Executive, Committee of Management or Council;

 

(iii)       annual conference of the Labor Council of NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(iv)      attendance at meetings called by the Labor Council of NSW involving a public sector  trade union which requires attendance of a delegate;

 

(v)       attendance at meetings called by the Department as and when required;

 

(vi)      giving evidence before an industrial tribunal as a witness for the Association;

 

(vii)     reasonable travelling time to and from conferences or meetings to which the provisions of this subclause apply.

 

16.16.7             Training Courses

 

The following training courses will attract the grant of special leave as specified below:

 

(i)         Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members.

 

(ii)        Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association.  A maximum of 12 working days in any period of two years applies to this training and is subject to:

 

(a)        the operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)        payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

(c)        all travelling and associated expenses being met by the employee or the association;

 

(d)        attendance being confirmed in writing by the Association or a nominated training provider.

 

16.16.8             Return Home when Temporarily Living Away from Home

 

Sufficient special leave shall be granted to a permanent or long-term temporary employee who is temporarily living away from home as a result of work requirements to return home once each month to enable such employees to spend two days and two nights with their family.  If the employee wishes to return home more often, they may be granted extended leave or leave without pay, if the operational requirements allow.

 

16.16.9             Return Home when Transferred to New Location

 

Special leave shall be granted to a permanent or long-term temporary employee who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award or successor instrument.

 

16.16.10           A permanent or long-term temporary employee who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the employee to participate in the National Day celebrations.

 

17.  Travelling Compensation

 

17.1      Excess Travelling Time

 

A permanent or long-term temporary employee, other than an Aboriginal education assistant, directed by the Director-General to travel on official business outside the usual hours of duty is entitled to apply and to be compensated for such time either by:

 

17.1.1               payment calculated in accordance with the provisions contained in this subclause; or

 

17.1.2               if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.

 

17.2      Compensation under paragraphs 17.1.1 or 17.1.2 of this clause shall be subject to the following conditions:

 

17.2.1               on a non-working day - all time spent travelling on official business;

 

17.2.2               on a working day - subject to the provisions of subclause 17.5 of this clause, all additional time spent travelling before or after the employee's normal hours of duty;

 

17.2.3               period for which compensation is being sought is more than a quarter of an hour on any one day.

 

17.3      No compensation for travelling time shall be given in respect of travel between 11.00 pm on any one day and 7.30 am on the following day where the employee has travelled overnight and sleeping facilities have been provided for the employee.

 

17.4      Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

17.5      Compensation for excess travelling time shall exclude the following:

 

17.5.1               time normally taken for the periodic journey from home to headquarters and return;

 

17.5.2               any periods of excess travel of less than 30 minutes on any one day;

 

17.5.3               travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

 

17.5.4               time from 11.00 pm on one day to 7.30 am on the following day if sleeping facilities have been provided;

 

17.5.5               travel not undertaken by the most practical available route;

 

17.5.6               working on board ship where meals and accommodation are provided;

 

17.5.7               any travel undertaken by an Aboriginal education assistant whose salary includes an "all incidents of employment" component;

 

17.5.8               travel overseas.

 

17.6      Waiting Time

 

When a permanent or long-term temporary employee, other than an Aboriginal education assistant, is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the normal hours of duty, such waiting time shall be treated and compensated in the same manner as travelling time.

 

17.7      Payment

 

Payment for travelling time calculated according to subclauses 17.1 and 17.3 of this clause shall be at the employee’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary	x	5	x	1
		260.89		Normal hours of work

 

17.8      The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

17.9      Time off in lieu or payment for excess travelling time or waiting time will not be granted or made for more than eight hours in any period of 24 consecutive hours.

 

17.10    Meal Allowances

 

A permanent or long-term temporary employee who is authorised by the Director-General to undertake a one-day journey on official business which does not require the employee to obtain overnight accommodation shall be paid the following allowances as described at Items 4 and 5 of Schedule 3 of Part B:

 

17.10.1             breakfast when required to commence travel at or before 6.00 am and at least one hour before the prescribed starting time;

 

17.10.2             an evening meal when required to travel until or beyond 6.30 pm; and

 

17.10.3             lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the employee’s normal headquarters at the time of taking the normal lunch break.

 

18.  Overtime

 

18.1      The provisions of this clause shall not apply to Aboriginal education assistants who receive a rate of pay which covers all incidents of employment.

 

18.2      Rates

 

Overtime shall be paid at the following rates:

 

18.2.1               Weekdays (Monday to Friday inclusive)

 

At the rate of time and one half for the first two hours and at the rate of double time thereafter for all directed overtime worked:

 

(i)         For employees, other than Aboriginal education assistants, working under the hours averaging provisions of subclause 7.4 of clause 7, Hours, who are directed to work overtime after 6.00 pm on a weekday following seven hours of normal work.

 

(ii)        For employees, other than Aboriginal education assistants, not working under the hours averaging provisions of the said subclause 7.4, who are directed to work overtime on a weekday following seven hours of normal work.

 

18.2.2               Saturday

 

All overtime directed to be worked on a Saturday at the rate of time and one half for the first two hours and at the rate of double time thereafter.

 

18.2.3               Sundays

 

All overtime directed to be worked on a Sunday at the rate of double time.

 

18.2.4               Public Holidays

 

All overtime directed to be worked on a public holiday at the rate of double time and one half.

 

18.3      If an employee is absent from duty on any working day during any week in which directed overtime has been worked, the time so lost may be deducted from the total amount of overtime worked during the week unless the employee has been granted leave of absence or the absence has been caused by circumstances beyond the employee’s control.

 

18.4      An employee who works directed overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three hours' work at the appropriate rate.

 

18.5      Meal Breaks and Allowances

 

18.5.1               An employee who works directed overtime is entitled to a meal break as follows:

 

(i)         an employee not working under the averaging of hours scheme as provided at subclause 7.4 of clause 7, Hours, who is required to work overtime on weekdays for 1½ hours or more after the employee’s ordinary hours of duty, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked;

 

(ii)        an employee working under the averaging of hours scheme as provided at the said subclause 7.4, who is required to work overtime on weekdays beyond 6.00 pm and until or beyond 8½ hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked;

 

(iii)       an employee required to work overtime on a Saturday, Sunday or public holiday shall be allowed 30 minutes for a meal after every five hours of overtime worked.

 

18.5.2               Meal allowances are set out in Item 6 of Schedule 3 of Part B and are payable for meal breaks taken as above, if an adequate meal has not been provided by the Department and:

 

(i)         the time worked is directed overtime;

 

(ii)        the employee incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

(iii)       where the employee was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the employee did so;

 

(iv)      overtime is not being paid in respect of the time taken for the meal break.

 

18.6      Rest Periods

 

18.6.1               An employee who works overtime shall be entitled to be absent until eight consecutive hours have elapsed.

 

18.6.2               Where an employee, at the direction of the supervisor, resumes or continues work without having had eight consecutive hours off duty, then such employee shall be paid at the appropriate overtime rate until released from duty.  The employee shall then be entitled to eight consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

18.7      Recall to Duty

 

18.7.1               An employee recalled to work overtime after leaving the employer’s premises shall be paid for a minimum of three hours' work at the appropriate overtime rates.

 

18.7.2               The employee shall not be required to work the full three hours if the job can be completed within a shorter period.

 

18.7.3               A recall to duty commences when the employee starts work and terminates when the work is completed.  A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

18.7.4               An employee recalled to duty within three hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

18.7.5               This subclause shall not apply in cases where it is customary for an employee to return to the Department’s premises to perform a specific job outside the employee’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty.  Overtime worked in these circumstances shall not attract the minimum payment of three hours unless the actual time worked is three or more hours.

 

19.  Transferred Employees’ Compensation

 

19.1      The provisions of the Crown Employees (Transferred Employees Compensation) Award, or successor instruments, will apply to permanent and long-term temporary employees.

 

20.  Deduction of Association Membership Fees

 

20.1      The Association shall provide the Department with a schedule setting out union fortnightly membership fees payable by members of the Association in accordance with the Association’s rules.

 

20.2      The Association shall advise the Department 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 Department at least one month in advance of the variation taking effect.

 

20.3      Subject to subclauses 20.1 and 20.2 of this clause, the Department shall deduct union fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association’s rules, provided that the employee has authorised the Department to make such deductions.

 

20.4      Monies so deducted from employees’ pay will be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees’ union membership accounts.

 

20.5      Unless other arrangements are agreed to by the Department and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

20.6      Where an employee has already authorised the deduction of Association 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.

 

21.  No Further Claims and No Industrial Action

 

21.1      Except as provided under the Industrial Relations Act 1996, prior to 30 June 2007 there shall be no further claims and no industrial action by the parties to this award in relation to matters contained in paragraphs 4.1.1, 4.1.2 and 4.1.3 of clause 4, Classifications, and subclause 5.3 of clause 5, Rates of Pay.

 

21.2      The parties acknowledge that the Memorandum of Understanding between the Association and the Public Employment Office in full and final settlement of IRC Matter No. 3817 of 2004 includes a no extra claims commitment that is applicable to classifications covered by this award.

 

22.  Area, Incidence and Duration

 

22.1      This award shall apply to all employees as defined in clause 2, Definitions.

 

22.2      This award rescinds and replaces the Crown Employees (School Administrative and Support Staff) Award published 1 December 2000 (320 I.G. 974) and all variations thereof.

 

22.3      This award takes effect on and from 21 January 2005 and remains in force until 30 June 2007.

 

PART B

 

Schedule 1 - School Administrative and Support Staff (other than Aboriginal Education Assistants) - Rates of Pay

 

1.1        Permanent School Administrative and Support Staff

 

 

 

1.2        Long-term Temporary School Administrative and Support Staff

 

 

1.3        Short-term Temporary School Administrative and Support Staff

 

 

Schedule 2 - Aboriginal Education Assistants - Rates of Pay

 

(For progression on these rates see subclause 6.3)

 

2.1        Permanent Aboriginal Education Assistant

 

 

2.2        Long-term Temporary Aboriginal Education Assistant

 

 

2.3        Short-term Temporary Aboriginal Education Assistant

 

 

Schedule 3 - School Administrative and Support Staff - Allowances

 

 

The allowance rates listed at Items 4 and 6 and the cities and centres listed at Item 5 shall be adjusted in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment)) Award 2002 or successor award, or as approved from time to time by the Director-General of the Premier’s Department

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.