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New South Wales Industrial Relations Commission
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CROWN EMPLOYEES (TEACHERS IN SCHOOLS AND TAFE AND RELATED EMPLOYEES) SALARIES AND CONDITIONS AWARD 2004
  
Date07/15/2005
Volume352
Part3
Page No.465
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2977
CategoryAward
Award Code 264  
Date Posted07/14/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(264)

SERIAL C2977

 

CROWN EMPLOYEES (TEACHERS IN SCHOOLS AND TAFE AND RELATED EMPLOYEES) SALARIES AND CONDITIONS AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

Application by New South Wales Teachers Federation, industrial organisation of employees.

 

(Nos. IRC 3749 of 2003 and 3717 of 2004)

 

Before The Honourable Justice Wright, President

19 December 2003, 9 June

The Honourable Justice Walton, Vice-President

18 June and 2 July 2004

The Honourable Justice Boland

 

Mr Deputy President Grayson

 

Commissioner McLeay

 

 

AWARD

 

GENERAL SECTION

 

1.  Arrangement

 

GENERAL SECTION

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Dictionary

 

SALARIES AND ALLOWANCES

 

3.         Salaries

3A.      Deduction of Union Membership Fees

4.         Allowances

5.         Salary Progression and Maintenance

6.         Teacher Quality

7.         Salary Packaging

 

WORK RELATED MATTERS

 

8.         Initial Appointments

9.         Teaching in More Than One Location

10.       Deferred Salary Scheme

11.       Compensation for Travel on Department or TAFE Business

 

AWARD COMPLIANCE AND RELATED MATTERS

 

12.       Dispute Resolution Procedures

13.       No Further Claims

14.       Anti-discrimination

15.       Goods and Services Tax

16.       Leave Reserved

17.       Area, Incidence and Duration

SCHEDULES FOR GENERAL SECTION

 

Schedule 1 - Common Incremental Salary Scale

Schedule 2 - Allowances

Schedule 3 - Locality Allowances

 

SCHOOL SECTION

 

18.       Assessment and Reporting and Quality of Educational Outcomes

19.       Procedures for Managing Teachers Who AreExperiencing Difficulties With Their Teaching Performance

20.       Teaching Hours for Years 11 and 12 in Schools

21.       Allocation of Duties in High Schools

22.       Teaching Outside Normal School Hours

23.       Alternative Work Organisation

24.       School Teachers Appointed to More than One School

25.       Qualifications, Recruitment and Training

26.       Calculation of Service

27.       Temporary School Teachers

28.       Casual School Teachers

29.       Relief in PP6 or Teacher in Charge Grade One Positions

30.       Training and Development

31.       Multiskilling

32.       Duties as Directed

33.       School Certificate Tests Supervision

34.       Other Part time Rates of Pay - Schools

35.       Home School Liaison Officers and Aboriginal Student Liaison Officers - Special Conditions

36.       Teachers in Residential Agricultural High Schools - Special Conditions

 

SCHEDULES FOR SCHOOL SECTION

 

Schedule 4 - Salaries - Teachers In Charge of Environmental

Education Centres and Hospital Schools

Schedule 5 - Salaries - Promotion Classifications

in the Education Teaching Service

Schedule 6 - Rates of Pay - Casual School Teachers

Schedule 7 - Other Part time Rates of Pay - Schools

Schedule 8 - Excess Travel and Compensation for

Travel on Official Business - School Teachers

Schedule 9 - Special Conditions Covering Home School Liaison Officers

and Aboriginal Student Liaison Officers

Schedule 10 - Special Conditions Covering Teachers

at Residential Agricultural High Schools

 

TAFE SECTION

 

37.       Contribution to Institute Output Requirements

38.       Attendance - Teachers and Counsellors

39.       Duties of Teachers

40.       Allocation of Duties

41.       Duties Related to Teaching

42.       Administrative Duties

43.       Averaging

44.       Accumulating Program

45.       Professional Development - TAFE Teachers

46.       TAFE Year

47.       Additional One Week

48.       Evening Work - Counsellors

49.       Time Credit

50.       Excess Teaching Hours

51.       Sunday Work/Night Work

52.       Qualifications for Appointment

53.       Working Conditions - Education Officers and Related Employees

54.       Professional Development - Education Officers, Related Employees and Counsellors

55.       Leave for TAFE Teachers and Related Employees

56.       Calculation of Service

57.       Training and Development

58.       Multi-skilling

59.       Working Conditions - Part time Casual Teachers,   Coordinators and Counsellors in TAFE

60.       Contract Teachers (OTEN)

61.       Provision for Positions which Are Hard To Fill

62.       Industrial Rights

63.       Quality Improvement Program

64.       Pilot Schemes

65.       Principles of Restructuring

 

SCHEDULES FOR TAFE SECTION

 

Schedule 11 - Salary Scales - Promotion Classifications in TAFE

Schedule 12 - Excess Travel and Compensation for Travel

on Official Business - TAFE Teachers

Schedule 13 - Strategies for Maximising Annual

Student Contact Hours in TAFE

Schedule 14 - Rates of Pay - Part time Casual Teachers,

Coordinators and Counsellors in TAFE and Contract Teachers (OTEN)

 

2.  Dictionary

 

General Section -

 

2.1        "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.

 

2.2        "Department" means the Department of Education and Training.

 

2.3        "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.

 

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

 

2.5        "Employee" means a person employed in a classification covered by this award by the Director-General and Managing Director or delegate under the provisions of the Teaching Services Act or the TAFE Commission Act on a permanent, temporary, casual, part time casual or contract basis.

 

2.6        "Equivalent" when referring to qualifications means those qualifications deemed by the Director-General to be equivalent to specified qualifications.

 

2.7        "Federation" means the New South Wales Teachers Federation.

 

2.8        "General Secretary" means the General Secretary of the Federation.

 

2.9        "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.

 

2.10      "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.

 

2.11      "Higher Education Institution" means a university or other tertiary institution recognised by the Director-General which offers degrees, diplomas or teacher education courses.

 

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

 

2.13      "Managing Director" means the Managing Director of TAFE.

 

2.14      "Officer" means and includes all persons permanently employed in the Education Teaching Service under the provisions of the Teaching Services Act or in TAFE under the provisions of the TAFE Commission 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.

 

2.15      "Parties" means the Department, TAFE and the Federation.

 

2.16      "Service" means continuous service, unless otherwise specified in the award.

 

2.17      "TAFE" means the New South Wales Technical and Further Education Commission.

 

2.18      "TAFE Commission Act" means the TAFE Commission Act 1990.

 

2.19      "Teaching Services Act" means the Teaching Services Act 1980.

 

2.20      "Temporary Employee" means and includes all persons employed on a temporary basis, other than on a casual or part time casual basis or as a contract teacher (OTEN), under the Teaching Services Act or TAFE Commission Act.

 

2.21      "Trained Teacher" means a school or TAFE 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 or Managing Director determines as satisfying requirements for classification as a teacher.

 

School Section -

 

2.22      "Aboriginal Student Liaison Officer" means a person or school teacher who has been temporarily appointed to the position of Aboriginal student liaison officer.

 

2.23      "Alternate Mode Course" means a course of teacher training other than a course completed by full time study with a higher education institution.

 

2.24      "Alternate Period" means a period taught by a school teacher being a period other than a period which the school teacher is normally timetabled to teach and where the need for the period to be taught arises from the absence from duty of another school teacher.

 

2.25      "Assistant Principal" means a school teacher who is appointed as such to assist a principal of a school in the management of the school.

 

2.26      "Casual School Teacher" means a school teacher engaged on an hourly or daily rate of pay in the Education Teaching Service.

 

2.27      "Conditionally Trained Teacher (C)" means a school teacher whose approval to teach is conditional upon completion of additional educational requirements prescribed by the Director-General.

 

2.28      "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.

 

2.29      "Deputy Principal" means a school 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.

 

2.30      "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.

 

2.31      "District" means a grouping of schools designated as a district for administrative and education purposes specified by the Director-General.

 

2.32      "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.

 

2.33      "Education Officer (Schools)" 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.

 

2.34      "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.

 

2.35      "Five Year Trained Teacher (5YT)" means a school 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.

 

2.36      "Four Year Trained Teacher (4YT)" means a school teacher who has:

 

2.36.1   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

 

2.36.2   completed a four year teacher education degree from a higher education institution; or

 

2.36.3   completed such other course(s) which the Director-General determines as satisfying requirements for classification as a school teacher.

 

2.37      "Head Teacher in Schools" means a school 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 school 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:

 

2.37.1   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.

 

2.37.2   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.

 

2.37.3   Head teacher (administration) is responsible for assigned duties associated with the general administration of the school.

 

2.38      "Home School Liaison Officer" means a person or school teacher who has been temporarily appointed to the position of home school liaison officer.

 

2.39      "In Lieu of Duties" means duties undertaken by a school teacher for a school teacher absent from the classroom on duty elsewhere or performing other duties when that school teacher is relieved of part of their regular face to face teaching load through variations in school organisation.

 

2.40      "Period" means, in a high or central school, a 40 minute teaching period.

 

2.41      "Principal" means a school 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.

 

2.42      "Residential Agricultural High School" means a school classified as such by the Director-General.

 

2.43      "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.

 

2.44      "School Counsellor" means a school 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.

 

2.45      "School Teacher" means a person or officer employed permanently or temporarily in a full time or part time school teaching position under the provisions of the Teaching Services Act 1980 and appointed to a school.  Unless otherwise specified in the award, a school teacher shall include a school teacher in training.

 

2.46      "Schools for Specific Purposes" (SSP's) 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 2.54.

 

2.47      "Senior Assistant" means a two or three year trained school 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.

 

2.48      "Supervisor of Female Students" means a female school teacher appointed as such to advise female school 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).

 

2.49      "Teacher in Charge Environmental Education Centre" means a teacher in charge of an environmental education centre.

 

2.50      "Teacher in Charge Hospital School" means a school teacher in charge of a hospital school at which a principal has not been appointed.

 

2.51      "Teacher in Charge (Schools)" means a school teacher in charge of a centre not designated as a school determined by the Director-General where a principal is not appointed.

 

2.52      "Teacher in Charge of Residential Supervision of Agricultural High Schools" means a school 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.

 

2.53      "Teacher in Training (Schools)" means a graduate recruited to train as a school teacher through an alternate mode course.

 

2.54      "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 school teacher, as follows:

 

2.54.1   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

 

2.54.2   students in: an early childhood intervention program (EC); hospital schools, Royal Far West School, Stewart House (W); and community care programs (CT).

 

2.55      "Temporary School 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.

 

2.56      "Two Year Trained Teacher (2YT) or Three Year Trained Teacher (3YT)" means a school 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.

 

2.57      "Year Adviser" means a school teacher appointed to assist Year 7-12 students in every high school or every central school which has a secondary department.

 

2.58      "Year 12 Relieving Period" means a relieving period required to be undertaken by a school 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.

 

TAFE Section -

 

2.59      "Approved Program" means a teaching program taught across the Standard Educational and or TAFE year.  A teaching program consists of a standard or an averaging or an accumulating program.

 

2.60      "BMET" means the training course known as the Basic Methods of External Teaching, which is the three unit distance mode course that sensitises the contract teacher to the situation of the student working in open/distance mode.

 

2.61      "College/campus/institute" means a TAFE establishment or other centre where instruction is provided by TAFE and includes any place designated as part of, or as an annexe to, such college/campus/institute.

 

2.62      "Contract Teacher" means a teacher employed to mark and provide feedback on work submitted by students enrolled in OTEN and paid per unit of work marked.

 

2.63      "Contract Teaching Duties" means those duties contained in clause 60, Contract Teachers (OTEN).

 

2.64      "Coordination" in clause 59, Working Conditions - Part time Casual Teachers, Coordinators and Counsellors in TAFE means educational coordination of programs, courses or subjects or the provision of services by part time casual coordinators.

 

2.65      "Duties Other Than Teaching" in clause 59, Working Conditions - Part time Casual Teachers, Coordinators and Counsellors in TAFE means duties other than teaching and coordination except as provided in subclause 59.10 of the said clause 59.

 

2.66      "Education Officer (TAFE)" means an officer appointed as such who has an appropriate degree from a higher education institution and appropriate vocational and/or industrial experience.

 

2.67      "Excess Teaching Hours" means the actual teaching hours in excess of a teacher’s standard weekly teaching component or annual teaching component, as appropriate, that a teacher is required by the Managing Director, or nominee, to teach.

 

2.68      "Head Teacher in TAFE" means all persons employed within this classification by TAFE, including those referred to in subclause 3.15.

 

2.69      "Institute" means any grouping of TAFE campuses or places where TAFE provides education, training, administrative and other services from time to time as specified by the Managing Director.

 

2.70      "Institute Director" means all persons employed within this classification.

 

2.71      "Institute Manager" means all persons permanently or temporarily employed within this classification.

 

2.72      "OTEN" means the Open Training and Education Network.

 

2.73      "Part time Casual Coordinator" means a TAFE coordinator engaged by TAFE on an hourly basis to coordinate special programs or other activities.

 

2.74      "Part time Casual Counsellor" means a TAFE counsellor engaged by TAFE on an hourly basis to provide counselling services to students.

 

2.75      "Part time Casual Teacher" means a TAFE teacher engaged by TAFE to teach on an hourly basis.

 

2.76      "Special Programs" means those programs administered by TAFE which are designated to promote access of special groups of students to TAFE’s courses.

 

2.77      "Standard Educational Year" means that period of approximately 41 weeks falling within a calendar year determined as such by the Managing Director.

 

2.78      "TAFE Adult Literacy Officer" means a TAFE teacher employed as such who has been designated by the Managing Director as an adult literacy officer.

 

2.79      "TAFE Advanced Skills Counsellor" means a TAFE counsellor employed as such who has been designated by the Managing Director as an advanced skills counsellor.

 

2.80      "TAFE Counsellor" means an officer or temporary employee employed by TAFE to provide counselling services to students.

 

2.81      "TAFE Special Program Coordinator" means an officer or temporary employee appointed to a position as Institute media coordinator, consultant for the disabled, Aboriginal coordinator, labour market program coordinator, outreach coordinator or Institute multicultural education coordinator in Institutes.

 

2.82      "TAFE Teacher" means an officer, or temporary employee employed under the TAFE Commission Act 1990 in a full time teaching position.

 

2.83      "TAFE Year" means a period of 50 weeks, excluding the two week period surrounding Christmas/New Year, during which educational programs may be conducted.

 

2.84      "Teacher in Training (TAFE)" means a person employed as a TAFE teacher who is undertaking a course of teacher education which has been prescribed by TAFE as a compulsory course for that TAFE teacher to undertake.

 

SALARIES AND ALLOWANCES

 

3.  Salaries

 

3.1        Salaries and allowances under this award incorporate a 5.5% increase from the first pay period to commence on or after 1 January 2004, a 3% increase from the first pay period to commence on or after 1 July 2004 and a 3.5% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.1     For Teacher in Charge, Environmental Education Centre or Hospital School there is an additional 2.5% increase from the first pay period to commence on or after 1 July 2004 and an additional 2.5% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.2     For High School Principal there is an additional 3.75% increase from the first pay period to commence on or after 1 July 2004 and an additional 3.75% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.3     For Central School Principal there is an additional 3% increase from the first pay period to commence on or after 1 July 2004 and an additional 3% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.4     For Primary School Principal there is an additional 2.5% increase from the first pay period to commence on or after 1 July 2004 and an additional 2.5% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.5     For High School Deputy Principal, Deputy Principal (Secondary) Central School, Primary School Deputy Principal, Deputy Principal (Primary) Central School, Assistant Principal Primary School and Assistant Principal Central School there is an additional 2% increase from the first pay period to commence on or after 1 July 2004 and an additional 2% increase from the first pay period to commence on or after 1 January 2005.

 

3.1.6     For Head Teacher High School, Head Teacher Central School and District Guidance Officer there is an additional 1.5% increase from the first pay period to commence on or after 1 July 2004 and an additional 1.5% increase from the first pay period to commence on or after 1 January 2005.

 

3.2        Subject to the provisions of the Teaching Services Act 1980 and the TAFE Commission Act 1990 and the regulations made thereunder and to satisfying the conditions prescribed by this award, the salaries of the following officers and temporary employees are set out in Schedules 1, 4, 5 and 11:

 

Classification

Schedule

Teachers, education officers (schools and TAFE), home school liaison officers,

Schedule 1

Aboriginal student liaison officers, counsellors (schools and TAFE), adult literacy

 

officers, assistant outreach coordinators.

 

Teachers in charge of environmental education centres and hospital schools.

Schedule 4

Promotion classifications in schools and non school based Education Teaching Service

Schedule 5

classifications salary scales.

 

Promotion classifications salary scales in TAFE.

Schedule 11

 

3.3        Except as otherwise provided under the Department’s salary packaging scheme as set out in clause 7, Salary Packaging, employees in Schedules 1, 4, 5 and 11 must be paid at an annual salary level not less than that for the appropriate classification.

 

3.4        Minimum salaries on commencement of employment and maximum salaries under the common incremental salary scale in Schedule 1are 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 (schools) 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 training

Step 6

Step 13

Teachers in training (schools)

Step 1

Step 1

TAFE:

Step 10*

Step 13

Teachers, counsellors, education

 

 

officers,adult literacy officers and

 

 

assistant outreach coordinators

 

 

Teachers in training (TAFE)

Step 10*

No more than one step

 

 

beyond the step paid on

 

 

initial appointment

 

* For starting salaries above the minimum starting salary for a TAFE teacher refer to the TAFE Policy - Teachers Commencing Salary.

 

NOTE: Conditionally trained school 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.

 

3.5        Subject to clause 5, Salary Progression and Maintenance, clause 26, Calculation of Service and clause 56, 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.

 

3.6        Two and three year trained school teachers may vary their incremental date and rate of progression if they satisfy conditions contained in subclauses 3.7, 3.8, 3.9 and 3.10 of this clause.

 

3.7        A two year trained school 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 school teacher could have achieved had the school teacher entered the Education Teaching Service as a three year trained school teacher.  Subject to clause 5, 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.

 

3.8        A two year trained school 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 school teacher and, subject to clause 5, Salary Progression and Maintenance may progress by annual increments to the top step of the common incremental salary scale.

 

3.9        A three year trained school 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.

 

3.10      A three year trained school teacher who completes:

 

3.10.1   a graduate diploma of at least one year of full time study or its part time equivalent; or

 

3.10.2   part of a degree course or an equivalent course of study as determined by the Director-General which results in the school teacher having attained an academic standard equivalent to that of a four year trained school teacher,

 

shall progress to the step on the common incremental salary scale that the school teacher could have achieved had the school teacher entered the Education Teaching Service as a four year trained school teacher.  The salary progression shall be effective from the first day of the month following the successful completion of the required study.

 

3.11      The salary for a teacher in charge of an environmental education centre or hospital school grade 1, where less than two equivalent full time school teachers (including the teacher in charge) are employed, shall be as set out in Schedule 4.

 

3.12      The salary for a teacher in charge of an environmental education centre or hospital school grade 2, where two or more equivalent full time school teachers (including the teacher in charge) are employed, shall be as set out in Schedule 4.

 

3.13      In relation to promotions classifications in schools, the following shall apply:

 

3.13.1   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+

 

3.13.2   Principals shall only be appointed to hospital schools when specifically approved by the Director-General.

 

3.13.3   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.

 

3.13.4   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 school 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 school student shall be multiplied by the following factors to determine notional school 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

6 x 1.89

unit of study per student

 

Pre-school students

1.38

Students with disabilities

2.7

 

3.13.5   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+

 

3.13.6   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

 

3.14      Where the actual enrolment used to determine the classification of a principal's position in subclause 3.13 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.

 

3.15      TAFE teachers who were classified as head teacher or senior head teacher as at 26 January 1997 continue to receive the salary increases at the appropriate step for these classifications as set out in Schedule 11 for as long as they hold that classification.

 

3.16      A TAFE counsellor who is classified as an advanced skills counsellor shall retain the head teacher band 1 salary while they continue to occupy that position.

 

3A.  Deduction of Union Membership Fees

 

(i)         The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

(ii)        The union shall advise the employer of any 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.

 

(iii)       Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

(iv)       Monies 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.

 

(v)        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

4.  Allowances

 

Schools -

 

4.1        Allowances in terms of Schedule 2 shall be paid to officers and or temporary employees in the circumstances set out in subclauses 4.2 to 4.7 inclusive.

 

4.2        In lieu of evening work, weekend work, travel time (where applicable) and all additional duties and responsibilities involved to:

 

4.2.1     Home school liaison officers and Aboriginal student liaison officers

 

4.2.2     Teachers in charge (other than teacher in charge environmental education centre and hospital school grades 1 and 2).

 

4.2.3     Year advisers

 

4.2.4     School teachers required by the Director-General to have a Health Education Certificate

 

4.2.5     School teachers other than the principal appointed to teach classes of students with disabilities

 

4.2.6     Principals of schools designated by the Director-General as schools for specific purposes

 

4.2.7     The Principal of Stewart House

 

4.2.8     The Assistant Principal of Stewart House

 

4.2.9     The deputy principal (primary) or assistant principal of a central school

 

4.3        In demonstration schools to:

 

4.3.1     principals -

 

class PP1;

 

class PP2;

 

4.3.2     other promotions positions; and

 

4.3.3     trained teachers.

 

4.4        In schools where there is a requirement for demonstration lessons to be taken to:

 

4.4.1     school teachers, for each demonstration lesson in excess of two in any term actually given by them; and

 

4.4.2     school 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.

 

4.4.3     provided that payments made to school teachers under paragraphs 4.4.1 and 4.4.2 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.

 

4.5        In residential agricultural high schools to:

 

4.5.1     school teachers rostered for out of normal hours student supervision;

 

4.5.2     head teacher (welfare) for residential supervision;

 

4.5.3     a school teacher appointed to be in charge of residential supervision;

 

4.5.4     principals for on call and special responsibilities; and

 

4.5.5     deputy principals for on call and special responsibilities.

 

4.6        To supervisors of female students:

 

4.6.1     Where the average attendance of female students does not exceed 200;

 

4.6.2     Where the average attendance of female students exceeds 200 but does not exceed 400;

 

4.6.3     Where the average attendance of female students exceeds 400.

 

4.7        Education officers (schools) 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.

 

TAFE -

 

4.8        An additional responsibility allowance in TAFE as set out in Schedule 2 is payable when:

 

4.8.1     a TAFE teacher is required to accept additional responsibilities of a supervisory or administrative character and the circumstances do not warrant the appointment of a head teacher;

 

4.8.2     a TAFE counsellor is nominated by the Managing Director in any institute or campus as counsellor in charge.

 

4.9        An education officer (TAFE) who:

 

4.9.1     has completed 12 months service at the salary prescribed on the maximum of the common incremental salary scale; and

 

4.9.2     has demonstrated to the satisfaction of the Managing Director by the work performed, its quality and the results achieved, that the aptitude and abilities of the officer warrant additional payment;

 

shall be paid an allowance, renewable each period of two years, to ensure a remuneration equivalent to the salary level of head teacher band 1 as set out in Schedule 11.

 

General -

 

4.10      Locality and related allowances shall be paid as set out in Schedule 3.

 

5.  Salary Progression and Maintenance

 

5.1        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 and 3.10 of clause 3, Salaries.

 

5.2        A temporary school teacher shall be entitled to progress along or be maintained on the common incremental salary scale subject to the provisions of subclause 27.4 of clause 27, Temporary School Teachers.

 

5.3        A temporary school teacher relieving in a PP6 or teacher in charge grade 1 position under clause 29, Relief in PP6 or Teacher in Charge Grade One Positions, shall be entitled to be maintained at that salary level subject to the provisions of subclause 27.4 of clause 27, Temporary School Teachers.

 

5.4        Any TAFE teacher who does not satisfy the teacher training requirements as determined by the Managing Director shall not progress more than one step along the common incremental salary scale above the salary step paid on initial appointment.

 

6.  Teacher Quality

 

6.1        To provide feedback on an officer or temporary employee’s performance each officer or temporary employee’s principal, institute director or nominee shall ensure that the teacher’s performance is appraised by annual review.  This appraisal implemented from the beginning of term four, 2000 continues in force as follows:

 

6.1.1     The officer or temporary employee’s principal, institute director or nominee shall be responsible for annually reviewing the performance and development of the officer or temporary employee undertaking their work.

 

6.1.2     For school teachers, (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;

 

6.1.3     In implementing the annual review the principal (or nominee) shall take into account the following:

 

(i)         the level of experience of the school teacher (so that less experienced school teachers are given greater attention); and

 

(ii)        the particular circumstances of the school.

 

6.1.4     The annual review for school teachers shall be reported by way of the new teacher assessment review schedule implemented under the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award  327 I.G.582.

 

6.1.5     For TAFE officers and temporary employees, the TAFE Teachers and Related Employees Annual Review Policy (TAFE Gazette 32, 10 October 2001) shall apply.

 

6.1.6     The annual review for TAFE teachers shall be reported by way of the new teacher assessment review form implemented under the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award 327 I.G.582.

 

6.1.7     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.

 

7.  Salary Packaging

 

7.1        Officers may participate in the Department’s salary packaging scheme.

 

7.2        Salary packaging does not apply to temporary school teachers.

 

WORK RELATED MATTERS

 

8.  Initial Appointments

 

8.1        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 5, Salary Progression and Maintenance and in the case of teachers, upon satisfactory completion of teacher training requirements.

 

8.2        All initial appointments shall be on the basis of merit.

 

9.  Teaching in More Than One Location

 

9.1        TAFE teachers may be programmed to teach in more than one location including schools.

 

9.1.1     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.

 

9.1.2     The travelling compensation provisions at Schedule 12, Excess Travel and Compensation for Travel on Official Business - TAFE Teachers and, as appropriate, time credit provisions at clause 49, Time Credit shall apply to TAFE teachers programmed to teach in more than one location.

9.2        School teachers may be programmed to teach in more than one location including TAFE.

 

9.2.1     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.

 

9.2.2     A school 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 8, Excess Travel and Compensation for Travel on Official Business - School Teachers.

 

9.2.3     If, by agreement, school teachers teach after 5.30pm in a TAFE location they shall receive the monetary equivalent of the time credit provided for TAFE teachers at clause 49, Time Credit.

 

10.  Deferred Salary Scheme

 

10.1      Officers may seek to join the Department’s deferred salary scheme.

 

10.2      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.

 

10.3      The deferred salary scheme does not apply to temporary school teachers.

 

11.  Compensation for Travel on Department Or TAFE Business

 

11.1      Where an employee is required and authorised to travel on Department or TAFE business in the performance of their duties, compensation for travel shall be determined in accordance with the provisions of Schedule 12 - Excess Travel and Compensation for Travel on Official Business - TAFE Teachers or Schedule 8 - Excess Travel and Compensation for Travel on Official Business - School Teachers.

 

AWARD COMPLIANCE AND RELATED MATTERS

 

12.  Dispute Resolution Procedures

 

12.1      Subject to the provisions of the Industrial Relations Act 1996, the following procedures shall apply:

 

12.1.1   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.

 

12.1.2   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.

 

12.1.3   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 or TAFE at the district or institute level with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

12.1.4   Where the procedures in paragraph 12.1.3 do not lead to resolution of the dispute, the matter shall be referred to the General Manager of Industrial Relations and Employment 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.

 

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

 

13.  No Further Claims

 

13.1      Except as provided by the Industrial Relations Act 1996, prior to 31 December 2005, 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 subject to the following:

 

13.1.1   The parties may make claims with respect to the matters prescribed in clause 16, Leave Reserved, and may seek to have those matters arbitrated by the Industrial Relations Commission.

 

14.  Anti-Discrimination

 

14.1      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.

 

14.2      It follows that in fulfilling their obligations under the dispute resolution procedures prescribed under clause 12, 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.

 

14.3      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.

 

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

 

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

 

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

 

14.4.3   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

 

14.4.4   a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

14.5      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.

 

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.  Leave Reserved

 

16.1      The Federation may make an application to the Industrial Relations Commission during the nominal term of this award with respect to the following claims:

 

16.1.1   That all Head Teachers in TAFE Band 2 shall be paid equivalent with Senior Head Teachers in TAFE (old classification) Step 2.

 

16.1.2   That all Head Teachers in TAFE Band 1 shall be paid equivalent with Head Teachers in TAFE (old classification) Step 2.

 

17.  Area, Incidence and Duration

 

17.1      This award covers all teachers and related employees of the Department and TAFE, the classifications of which are set out in Schedules 1, 4-6, 11 and 14 inclusive.  This award does not cover chief education officers (schools), institute managers, and teachers employed at the Saturday School of Community Languages, the National Art School, the Adult Migrant English Service, TAFE Children’s Centres and Bradfield College.

 

17.2      This award rescinds and replaces the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award 327 I.G.582 and the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries Interim Award 2004.

 

17.3      This award commences on and from 1 January 2004 and shall remain in force until 31 December 2005.

 

SCHEDULES FOR GENERAL SECTION

 

Schedule 1

 

Common Incremental Salary Scale

 

The following salary scale applies to: teachers; education officers (schools and TAFE); home school liaison officers; Aboriginal student liaison officers; counsellors (schools and TAFE); adult literacy officers, and assistant outreach coordinators:

 

Per annum

($)

Current salary steps

Salary

Salary

Salary

 

From the first pay

From the first pay

From the first pay

 

period to commence

period to commence

period to commence

 

on or after

on or after

on or after

 

1.1.2004

1.7.2004

1.1.2005

Increase

5.5%

3%

3.5%

Step 13

62,237

64,104

66,348

Step 12

59,014

60,784

62,911

Step 11

56,775

58,478

60,525

Step 10

54,542

56,178

58,144

Step 9

52,307

53,876

55,762

Step 8

50,075

51,577

53,382

Step 7

47,837

49,272

50,997

Step 6

45,602

46,970

48,614

Step 5

43,370

44,671

46,234

Step 4

41,134

42,368

43,851

Step 3

39,109

40,282

41,692

Step 2

36,664

37,764

39,086

Step 1

33,638

34,647

35,860

 

Schedule 2

 

Allowances

 

 

Rate from the

Rate from the

Rate from the

 

first pay period

first pay period

first pay period

Schools

to commence

to commence

to commence

 

on or after

on or after

on or after

 

1.1.2004

1.7.2004

1.1.2005

Increase

5.5%

3%

3.5%

Home School Liaison Officer and Aboriginal

 

 

 

Student Liaison Officer

1,845

1,900

1,967

Teacher in Charge

2,857

2,943

3,046

Year Adviser

2,535

2,611

2,702

Teachers with Health Education Certificate

913

940

973

Teachers other than the principal of classes of

 

 

 

students with disabilities

1,620

1,669

1,727

Principals, schools for specific purposes

2,113

2,176

2,252

Principal of Stewart House

10,767

11,090

11,478

Assistant Principal of Stewart House

7,132

7,346

7,603

In a central school - DP (Primary), AP

1,284

1,323

1,369

Demonstration Schools:

 

 

 

 

 

 

 

Principal

 

 

 

 

Class PP1

1,864

1,920

1,987

 

Class PP2

1,653

1,703

1,763

 

 

 

 

Other promotion positions

1,449

1,492

1,544

 

 

 

 

Trained Teacher

1,177

1,212

1,254

Demonstration lessons:

 

 

 

 

 

 

 

Teachers in schools required to take

 

 

 

demonstration lessons:

 

 

 

 

per lesson

33.16

34.15

35.35

 

 

 

 

In other schools:

 

 

 

 

per half hour lesson

40.10

41.30

42.75

 

per 40 min. lesson

53.45

55.05

56.98

 

 

 

 

Maximum per annum

3,019

3,110

3,219

Residential Agricultural High Schools:

 

 

 

 

 

 

 

 

- Rostered supervision teachers

7,132

7,346

7,603

 

- Head Teacher (Welfare) residential

 

 

 

 

supervision allowance

1,186

1,222

1,265

 

- Teacher in charge of residential

 

 

 

 

supervision allowance

1,222

1,259

1,303

 

- Principal on call and special

 

 

 

 

responsibilities allowance

10,767

11,090

11,478

 

- Deputy Principal on call and special

 

 

 

 

responsibilities allowance

9,728

10,020

10,371

Supervisor of female students

 

 

 

 

 

 

 

 

Up to 200 students

1,272

1,310

1,356

 

201-400 students

2,047

2,108

2,182

 

More than 400 students

2,535

2,611

2,702

Education Officers:

 

 

 

Non Graduate

 

 

 

 

Year 2

3,273

3,371

3,489

 

Year 1

3,273

3,371

3,489

Graduate

 

 

 

 

Year 2

2,557

2,634

2,726

 

Year 1

2,557

2,634

2,726

Additional Responsibility Allowances -

 

 

 

TAFE

 

 

 

Teacher

2,821

2,906

3,008

TAFE counsellor nominated as counsellor in

 

 

 

charge

1,254

1,292

1,337

Part time casual teachers teaching within a

 

 

 

correctional centre (per hour)

1.23

1.27

1.31

 

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

From the first pay period

From the first pay period

to commence on or after

to commence on or after

to commence on or after

1.1.2004

1.7.2004

1.1.2005

($)

($)

($)

 

 

 

22

23

24

 

1.1.7    "School or campus" shall include any school, college, campus, 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 or campus 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 or campus 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

Climatic allowances

Rate

Rate

Rate

No.

 

From the first

From the first

From the first

 

 

pay period to

pay period to

pay period to

 

 

commence on

commence on

commence on

 

 

or after

or after

or after

 

 

1.1.2004

1.7.2004

1.1.2005

Per annum ($)

Increase

 

5.5%

3%

3.5%

2.1

Teacher without dependent

 

 

 

 

partner

871

897

928

 

Teacher with dependent

 

 

 

 

partner

1,029

1,060

1,097

2.2

Teacher without dependent

 

 

 

 

partner

440

453

469

 

Teacher with dependent

 

 

 

 

partner*

587

605

626

 

* 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 or campus included in Appendix A of this schedule shall be paid the following allowances -

 

 

Rate

Rate

Rate

Group

From the first pay period

From the first pay period

From the first pay period

 

to commence on or after

to commence on or after

to commence on or after

 

1.1.2004

1.7.2004

1.1.2005

Per annum ($)

Increase

5.5%

3%

3.5%

1

2,859

2,945

3,048

2

2,572

2,649

2,742

3

2,286

2,355

2,437

4

2,002

2,062

2,134

5

1,715

1,766

1,828

6

1,431

1,474

1,526

7

1,145

1,179

1,220

8

859

885

916

9

575

592

613

10

286

295

305

 

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

 

Rate

Rate

Rate

 

From the first pay period

From the first pay period

From the first pay period

 

to commence on or after

to commence on or after

to commence on or after

 

1.1.2004

1.7.2004

1.1.2005

 

Per annum ($)

Increase

5.5%

3%

3.5%

Group 1

342

352

364

Group 2

298

307

318

Group 3

252

260

269

Group 4

208

214

221

Groups

 

 

 

5 and 6

165

170

176

 

Group

2nd and subsequent dependent child

 

Rate

Rate

Rate

 

From the first pay period

From the first pay period

From the first pay period

 

to commence on or after

to commence on or after

to commence on or after

 

1.1.2004

1.7.2004

1.1.2005

 

 

 

 

 

Per annum ($)

Increase

5.5%

3%

3.5%

Group 1

230

237

245

Group 2

189

195

202

Group 3

142

146

151

Group 4

100

103

107

Groups

 

 

 

5 and 6

54

56

58

 

4.          Part C - Allowances - Motor Vehicle -

 

4.1        Subject to clause 7 of this schedule, a teacher appointed to a school or campus included in Appendix A of this schedule shall be paid the following allowances -

 

Group

Rate

Rate

Rate

 

From the first pay period

From the first pay period

From the first pay period

 

to commence on or after

to commence on or after

to commence on or after

 

1.1.2004

1.7.2004

1.1.2005

 

Per annum ($)

Increase

5.5%

3%

3.5%

Groups

 

 

 

1, 2 and 3

1,537

1,583

1,638

Groups

 

 

 

4, 5 and 6

770

793

821

 

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 or campus 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 or campus 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 or campus located more than 720 kilometres from Sydney by the nearest practicable route and other than a school or campus referred to in paragraph 5.1.1 of this subclause, one or more journey(s) if, given the circumstances of the school or campus 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

From the first pay period to

From the first pay period to

commence on or after

commence on or after

commence on or after

1.1.2004

1.7.2004

1.1.2005

($)

($)

($)

 

 

 

28

29

30

 

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 or campus 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

From the first pay period

From the first pay period

to commence on or after

to commence on or after

to commence on or after

1.1.2004

1.7.2004

1.1.2005

($)

($)

($)

 

 

 

22

23

24

 

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 or campus 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 2002 published 21 March 2003 (338 I.G. 837) 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 Managing Director and the Federation;

 

8.1.2    recommending the inclusion or deletion of schools or campuses 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 or campuses 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 Managing Director, 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 and Campuses

 

Group 1 (11)

 

 

 

 

 

 

 

 

 

Clare

Enngonia

Goodooga CS

Louth

Marra Creek

Nymagee

Pooncarie

Tibooburra

Wanaaring

Weilmoringle

White Cliffs

 

 

 

 

Group 2 (13)

 

 

 

 

 

 

 

 

 

Baryulgil

Booligal

Boomi

Bullarah

Byrock

Ellerston

Hatfield

Hill End

Ivanhoe

Menindee

Menindee Centre (TAFE)

Wilcannia CS & TAFE

 

 

 

 

 

 

Group 3 (14)

 

 

 

 

 

 

 

 

 

Bylong Upper

Cabramurra

Carinda

Coolabah

Corinella

Goodooga TAFE

Jerangle

Lightning Ridge

Lightning Ridge Centre (TAFE)

Mingoola

Moonan Flat

Nowendoc

Quambone

Rowena

 

 

 

 

 

Group 4 (24)

 

 

 

 

 

 

 

 

 

Bellbrook

Blackville

Collarenebri

Croppa Creek

Drake

Ebor

Fairfax

Garah

Hermidale

Kingstown

Mallawa

Mungindi

Naradhan

Niangala

Palinyewah

Reid's Flat

Tullibigeal

Tulloona

Wollar

Wongwibinda

Wooli

Wytaliba

Yarras

Yarrowitch

 

 

 

 

 

 

Group 5 (40)

 

 

 

 

 

 

 

 

 

Bigga

Bonalbo

Bribbaree

Burraboi

Burraga

Burren Junction

Cassilis

Chandler

Drinane

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 Upper

Rosewood

Rugby

Sofala

Spring Ridge

Tabulam

Tambar Springs

Tooraweenah

Trunkey

Windeyer

Yetman

 

 

 

 

 

Group 6 (34)

 

 

 

 

 

 

 

 

 

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

Walgett Community

Wambangalang EEC

Wattle Flat

Wirrimah

 

College- HS & PS

 

 

 

 

 

Group 7 (59)

 

 

 

 

Ashford

Baan Baa

Barkers Vale

Ben Lomond

Bendick Murrell

Balranald

Bobin

Bogan Gate

Brewarrina TAFE

Bungwahl

Bunnaloo

Burcher

Cargo

Coolongolook

Copmanhurst

Crestview

Currawarna

Dalgety

Dungowan

Ellangowan

Euchareena

Gravesend

Greenethorpe

Hannam Vale

Khancoban

Lake Cargelligo

Limbri

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 Creek

Willawarrin

Urbenville

Woolbrook

Walbundrie

Woolomin

Walhallow

Wyangala Dam

Weethalle

Group 8 (80)

 

 

 

 

 

 

 

 

 

Afterlee

Ando

Ardlethan

Attunga

Balldale

Beckom

Bemboka

Binalong

Binya

Blighty

Boree Creek

Bourke HS, PS, TAFE

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

Nevertire

Nimbin

Nundle

Peak Hill

Risk, The

Rookhurst

Rosebank

Rukenvale

Rye Park

Stockinbingal

Stratheden

Telegraph Point

Tingha

Trundle

Tumbarumba HS & PS

Tuntable Creek

Tyalgum

Wakool

Wiangaree

Woodenbong

Whian Whian

Woodstock

Whitton

Wyndham

 

 

 

 

 

 

Group 9 (69)

 

 

 

 

 

 

 

 

 

Ariah Park

Bald Blair

Barellan

Barmedman

Blandford

Boggabilla TAFE

Brungle

Burringbar

Channon, The

Clergate

Clunes

Coffee Camp

Collingullie

Collombatti Rail

Coolah

Coramba

Darlington Pt

Delungra

Eltham

Eungai

Eureka

Galong

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 (125)

 

 

 

 

 

 

 

 

 

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, TAFE Coleambally

Coolamon

Coomealla HS, TAFE

Coopernook

Coorabell

Coraki

Corindi

Crescent Head

Crowdy Head

Crystal Creek

Cumnock

Cundleton

Dareton

Dorrigo HS & PS

Doubtful Creek

Duranbah

Dunedoo CS & TAFE

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

Numulgi

Nyngan HS, PS, TAFE

Old Bar

Pearces Creek

Repton

Rous

Scotts Head

Smithtown

Spring Terrace

Stokers Siding

Stuarts Point

Table Top

Tanja

Tathra

Terranora

Teven-Tintenbar

Tinonee

Tintinhull

Tregeagle

Tumbulgum

Uki

Warren CS & TAFE

Wee Waa HS & PS

Wentworth

Willow Tree

Wilsons Creek

Woodburn

Wyrallah

Yenda

Yeoval

Yerong Creek

 

 

 

SCHOOL SECTION

 

18.  Assessment and Reporting and Quality of Educational Outcomes

 

18.1      The following shall be implemented:

 

18.1.1   the Basic Skills Tests;

 

18.1.2   English Literacy and Language Assessment tests;

 

18.1.3   annual school reports and associated school self-evaluation and improvement programs;

 

18.1.4   school development policy;

 

18.1.5   the School Certificate and the Higher School Certificate;

 

18.1.6   Secondary Numeracy Assessment Program; and

 

18.1.7   Computing Skills Assessment Years 6 and 10.

 

18.2      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).

 

18.3      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.

 

19.  Procedures for Managing Teachers Who Are Experiencing Difficulties With Their Teaching Performance

 

19.1      The Procedures For Managing Teachers Who Are Experiencing Difficulties With Their Teaching Performance (attached to Department Memoranda to Principals 99/486 (S.354) and 00/389 (S.304)) will be implemented.

 

20.  Teaching Hours for Years 11 and 12 in Schools

 

20.1      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.

 

20.2      A secondary school shall have core hours sufficient to operate an eight by 40 minute period timetable per day (or its equivalent).

 

20.3      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 20.1 above.

 

20.4      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:

 

20.4.1   the principal has consulted with the school community; and

20.4.2   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.

 

20.5      A school teacher shall not unreasonably refuse to teach classes at this time.

 

20.6      Provided that the overall hours of duty of the school teacher shall not be exceeded, a school 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.

 

20.7      A school teacher shall not be required to be timetabled both before and after the core hours on any given day.

 

21.  Allocation of Duties in High Schools

 

21.1      School 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 21.6)

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

 

21.2      A principal may require a school 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:

 

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

 

21.3      Provided that such alternate periods shall be allocated:

 

21.3.1   with due regard to the non teaching duties required to be performed by the school teacher, head teacher or deputy principal; and

 

21.3.2   as far as possible to a school teacher, head teacher or deputy principal in the same faculty as that of the absent teacher.

 

21.4      Nothing in subclauses 21.1 to 21.3 shall preclude a school 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.

 

21.5      School teachers may, at the discretion of the principal, be required to take "in lieu of" classes.

 

21.6      In lieu of requiring a school teacher to supervise sporting activity in accordance with subclause 21.1 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.

 

21.7      A principal may require all school 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.

 

22.  Teaching Outside Normal School Hours

 

22.1      A principal, with the agreement of the school teacher or school 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 school teacher shall not be exceeded.

 

22.2      A school 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.

 

23.  Alternative Work Organisation

 

23.1      Except as provided in clause 9, Teaching in More Than One Location; clause 20, Teaching Hours for Years 11 and 12 in Schools; or clause 22, Teaching Outside Normal School Hours:

 

23.2      The parties agree to provide options which facilitate alternative work organisations in schools.

 

23.3      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:

 

23.3.1   the proposal can be implemented within the school's or workplace's current staffing entitlement;

 

23.3.2   the proposal has the concurrence of the principal (or other responsible officer) and the majority of the staff;

 

23.3.3   the school teachers directly affected by the proposal concur;

 

23.3.4   consultation with staff, parents, students and relevant community groups is undertaken where appropriate;

 

23.3.5   consideration is given to equity and gender and family issues involved in the proposal;

 

23.3.6   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;

 

23.3.7   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;

 

23.3.8   where the Alternative Work Organisation Committee considers a proposed variation in work arrangements which complies with 23.3.1 to 23.3.6 above conflicts with the provisions of the award the parties may apply to the Industrial Relations Commission to vary the award by consent; and

 

23.3.9   the parties agree to continue to trial and review pilots on work organisation in schools arising from proposals under the National Schools Network.

 

24.  School Teachers Appointed to More Than One School

 

24.1      Where in any school a school teacher cannot be, or has not been, allocated a complete teaching load the school teacher may be appointed to teach in more than one school.  Such teachers include teacher librarians and teachers of English as a second language.

24.2      A teacher appointed to two or more schools shall be entitled to the travel compensation and excess travel provisions of Part A of Schedule 8 Excess Travel and Compensation for Travel on Official Business - School Teachers.

 

25.  Qualifications, Recruitment and Training

 

25.1      The minimum academic qualifications, vocational experience and or industrial experience and teacher training requirement for appointment as a school teacher or other officer shall be determined by the Director-General.

 

25.2      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.

 

26.  Calculation of Service

 

26.1      In calculating the years of service for the purposes of this award, the following shall not be taken into account:

 

26.1.1   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;

 

26.1.2   any leave of absence without pay exceeding five days in any year of service;

 

26.1.3   any time period necessary to give full effect to a reduction in salary imposed by the Director-General under the provisions of the Teaching Services Act.

 

27.  Temporary School Teachers

 

27.1      From January 2001, temporary school teachers were entitled to pro rata salary and conditions of permanent teachers, other than the provisions at clause 10, Deferred Salary Scheme and clause 7, Salary Packaging.

 

27.2      The Department will maintain the following practice: when a school 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.

 

27.3      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.

 

27.4      Subject to the provisions of clause 26, Calculation of Service and the temporary school teacher demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth, a temporary school 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:

 

27.4.1   203 days of service as a temporary school teacher irrespective of breaks in that service; or

 

27.4.2   an appointment, full time, for a full school year.

 

27.5      Temporary school teachers who had been in receipt of the equivalent salary at Step 8 of the common incremental salary scale as a casual school teacher for more than 203 days were, on engagement as a temporary school teacher on or after day one of term one 2001, entitled to be paid the salary at Step 9 of the common incremental salary scale.

 

28.  Casual School Teachers

 

28.1      The rates of pay for casual school teachers are set out in Schedule 6, Table 1 and Table 2.

 

28.2      The daily hours of engagement for a casual school teacher, which shall be worked continuously, shall be six and one half hours per day, including a 30 minute break during those hours.

 

28.3      The minimum daily engagement for casual school teachers shall be two hours.

 

28.4      Where a casual school teacher relieves a school teacher who has been timetabled to teach as provided in clause 20, Teaching Hours for Years 11 and 12 in Schools, then the provisions of subclause 20.6 and 20.7 of that clause shall apply to the casual school 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 school teacher. 

 

28.5      Where a casual school 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 school teacher shall be entitled to receive payment for one half of one day’s pay at the appropriate rate in Schedule 6, Table 1 and Table 2.

 

28.6      The rates of pay of casual school 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 203 of 1987, Maternity and Adoption Leave or its successor, are not affected.

 

28.7      On completing 203 days of casual school teacher service, irrespective of breaks in that service, a casual school teacher shall progress to the next daily rate of pay pursuant to their classification contained in Schedule 6, Table 1 and Table 2.

 

29.  Relief in PP6 Or Teacher in Charge Grade One Positions

 

29.1      Where the qualification period for the payment of higher duties is satisfied:

 

29.1.1   a casual school teacher relieving in a PP6 position or as a teacher in charge grade 1 of a hospital school or environmental education centre in excess of ten days shall be paid the daily rate equivalent as set out in Schedule 6, Table 3; and

 

29.1.2   a temporary school teacher relieving in a PP6 position or as a teacher in charge grade 1 of a hospital school or environmental education centre shall be paid the salary of the position on a pro rata basis.

 

29.2      Where a PP6 position or a position as teacher in charge grade 1 of a hospital school or environmental education centre has been advertised and there are no available officers in the Education Teaching Service who apply for the position, then a casual school teacher or a temporary school teacher who meets the merit selection criteria may be appointed to the PP6 or teacher in charge grade one position on a temporary basis for the remainder of the year.

 

30.  Training and Development

 

30.1      The Director-General shall schedule each year two days during school time for the purpose of system and school training and development.

 

30.2      The Director-General shall approve additional periods during school time for training and development of staff in some system priorities.

 

30.3      The Director-General shall also provide a program of training and development opportunities for staff outside of school hours.

 

31.  Multi Skilling

 

31.1      Subject to appropriate qualifications, training and taking into account a school 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:

 

31.1.1   primary school teachers to teach Years 7 and 8 and secondary school teachers to teach Years 5 and 6 classes;

 

31.1.2   secondary school teachers to teach across subject areas in high schools; and

 

31.1.3   secondary or primary school teachers to teach in subject areas covered by their qualifications, notwithstanding faculty organisations.

 

31.2      The Director-General shall:

 

31.2.1   identify such other long term and short term priority areas for multi skilling to meet the needs of the Department; and

 

31.2.2   designate any appropriate qualifications and training or course accreditation requirements.

 

31.3      To retrain teachers for identified priority areas, the Director-General shall establish appropriate retraining courses of appropriate content and duration.

 

32.  Duties as Directed

 

32.1      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.

 

32.2      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.

 

32.3      Any directions issued by the Director-General pursuant to subclauses 32.1 and 32.2 shall be consistent with the Director-General’s responsibility to provide a safe and healthy working environment.

 

33.  School Certificate Tests Supervision

 

33.1      The parties agree that secondary school teachers may decide to provide the additional examination supervision of the School Certificate tests or for the school to employ outside personnel to provide the additional examination supervision.  Additional examination supervision is defined as supervisory requirements over and above entitlements provided by the Board of Studies.

 

33.2      Schools conducting School Certificate tests shall receive the funding required for the payment of additional examination supervisors of the tests based on the rates of pay and number of additional examination supervisors required as promulgated by the Office of the Board of Studies.

 

33.3      Teaching staff in those schools can choose at a meeting convened by the principal and Federation representative whether the school wishes to employ outside personnel as additional examination supervisors of the tests or whether teaching staff might provide the additional supervision of the tests.

 

33.4      In the event that teaching staff decide to undertake the additional supervision of the tests, the funding provided for the additional supervision of the tests will be retained for use by the school for educational purposes as determined at the meeting(s) in subclause 33.3 of this clause.

 

34.  Other Part Time Rates of Pay - Schools

 

34.1      Part time rates of pay in schools shall be paid in terms of Schedule 7.

 

35.  Home School Liaison Officers and Aboriginal Student Liaison Officers - Special Conditions

 

35.1      Special conditions covering home school liaison officers and Aboriginal student liaison officers are set out in Schedule 9.

 

36.  Teachers in Residential Agricultural High Schools - Special Conditions

 

36.1      Special conditions covering teachers at residential agricultural high schools are set out in Schedule 10.

 

SCHEDULES FOR SCHOOL SECTION

 

Schedule 4

 

Salaries - Teachers in Charge of Environmental Education Centres and Hospital Schools

 

 

Salary from the first

Salary from the first

Salary from the first

Classification

pay period to

pay period to

pay period to

 

commence on or after

commence on or after

commence on or after

 

1.1.2004

1.7.2004

1.1.2005

 

Per annum

 

($)

Increase

5.5%

3% + 2.5%

3.5% + 2.5%

Teacher in Charge

76,261

80,513

85,414

Grade 2

 

 

 

Environmental Education Centre or

 

 

 

Hospital School

 

 

 

Teacher in Charge

68,551

72,373

76,779

Grade 1

 

 

 

Environmental Education Centre or

 

 

 

Hospital School

 

 

 

 

Schedule 5

 

Salaries - Promotion Classifications in the Education Teaching Service

 

 

Salary from the first

Salary from the first

Salary from the first

Classification

pay period to

pay period to

pay period to

 

commence on or after

commence on or after

commence on or after

 

1.1.2004

1.7.2004

1.1.2005

Schools

Per annum

 

($)

Increase

5.5%

3% + 3.75%

3.5% + 3.75%

High School Principal

 

 

 

 

 

 

 

Grade 1 (PH1)

100,332

107,217

115,131

Grade 2 (PH2)

96,128

102,725

110,307

Increase

5.5%

3% + 3%

3.5% + 3%

Central School Principal

 

 

 

 

 

 

 

PC1

96,128

101,982

108,718

PC2

88,645

94,043

100,255

PC3

85,053

90,233

96,193

PC4

82,200

87,206

92,966

Increase

5.5%

3% + 2.5%

3.5% + 2.5%

Primary School Principal

 

 

 

 

 

 

 

PP1

96,128

101,487

107,665

PP2

88,645

93,587

99,285

PP3

85,053

89,795

95,261

PP4

82,200

86,783

92,066

PP5

76,561

80,829

85,749

PP6

68,551

72,373

76,779

Increase

5.5%

3% + 2%

3.5% + 2%

High School Deputy Principal

 

 

 

Deputy Principal (Secondary) Central

81,154

85,261

90,010

School

 

 

 

Primary School Deputy Principal

 

 

 

Deputy Principal (Primary) Central

73,177

76,879

81,161

School

 

 

 

Assistant Principal Primary School

 

 

 

Assistant Principal Central School

66,406

69,766

73,652

Increase

5.5%

3% + 1.5%

3.5% + 1.5%

Head Teacher High School

 

 

 

Head Teacher Central School

70,193

73,383

77,090

District Guidance Officer

 

 

 

Increase

5.5%

3%

3.5%

Senior Assistant in Schools

64,471

66,405

68,729

 

 

Salary from the first

Salary from the first

Salary from the

Classification

pay period to

pay period to

first pay period to

 

commence on or after

commence on or after

commence on or

 

1.1.2004

1.7.2004

after 1.1.2005

Non-school Based Teaching Service

Per annum

Classifications Salary Scales

($)

Increase

5.5%

3%

3.5%

Principal Education Officer

91,388

94,130

97,425

Senior Education Officer Class 2

82,364

84,835

87,804

Senior Education Officer Class 1

 

 

 

 

Year 3

75,994

78,274

81,014

 

Year 2

73,095

75,288

77,923

 

Year 1

70,193

72,299

74,829

 

Schedule 6

 

Rates of Pay - Casual School Teachers

 

Table 1

 

 

Rate from the first pay

Rate from the first pay

Rate from the first pay

Trained Teachers

period to commence on

period to commence on

period to commence on

 

or after

or after

or after

 

1.1.2004*

1.7.2004*

1.1.2005*

 

Per day ($)

Increase

5.5%

3%

3.5%

4YT Steps

 

 

 

4

259.00

266.77

276.11

3

247.44

254.86

263.78

2**

235.88

242.96

251.46

1

224.32

231.05

239.14

3YT Steps

 

 

 

5

247.44

254.86

263.78

4

235.88

242.96

251.46

3

224.32

231.05

239.14

2

212.77

219.15

226.82

1

202.28

208.35

215.64

2YT Steps

 

 

 

4

224.32

231.05

239.14

3

212.77

219.15

226.82

2

202.28

208.35

215.64

1

189.63

195.32

202.16

 

** 5YT trained casual school teachers commence on step 2, 4YT rates of pay

 

Table 2

 

Conditionally Trained

Rate from the first pay

Rate from the first pay

Rate from the first pay

Teachers

period to commence on

period to commence on

period to commence on

 

or after

or after

or after

 

1.1.2004*

1.7.2004*

1.1.2005*

 

Per day ($)

Increase

5.5%

3%

3.5%

C (5YT) Steps

 

 

 

4

259.00

266.77

276.11

3

247.44

254.86

263.78

Y1-2

235.88

242.96

251.46

C (4YT) Steps

 

 

 

4

247.44

254.86

263.78

3

235.88

242.96

251.46

Y1-2

224.32

231.05

239.14

C (3YT) Steps

 

 

 

4

224.32

231.05

239.14

3

212.77

219.15

226.82

Y1-2

202.28

208.35

215.64

C (2YT) Steps

 

 

 

3

202.28

208.35

215.64

Y1-2

189.63

195.32

202.16

 

In the case of casual school teachers relieving in positions of PP6, teacher in charge of a hospital school or teacher in charge of an environmental education centre, subject to satisfying the requirements, the daily rate of pay shall be as follows:

Table 3

 

 

Rate from the first

Rate from the first

Rate from the first

 

pay period to

pay period to

pay period to

 

commence on or after

commence on or after

commence on or after

 

1.1.2004*

1.7.2004*

1.1.2005*

 

Per day ($)

Increase

5.5%

3%

3.5%

Casual PP6,

354.56

365.20

377.98

TIC Hospital School,

 

 

 

TIC Environmental

 

 

 

Education Centre

 

 

 

 

* From January 2001 the casual school teacher daily rates of pay were loaded by 5 per cent in lieu of receiving sick leave, family and community service leave, special leave of absence and leave loading.

 

Schedule 7

 

Other Part time Rate of Pay - Schools

 

Classification

Rate from the first pay

Rate from the first pay

Rate from the first pay

 

period to commence on

period to commence on

period to commence

 

or after

or after

on or after

 

1.1.2004

1.7.2004

1.1.2005

 

Per day ($)

Increase

5.5%

3%

3.5%

Teacher in Charge

16.45

16.94

17.53

Demonstration Schools

6.82

7.02

7.27

Teachers of classes of students with

9.31

9.59

9.93

disabilities

 

 

 

 

Per hour ($)

Needlework/Craft Teacher

29.33

30.21

31.27

 

Schedule 8

 

Excess Travel and Compensation for Travel on Official Business - School Teachers

 

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 - 70.6 cents per km;

 

4.1.2    over 8,000 km per annum - 25.0 cents per km.

 

Provided that these rates shall be adjusted pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837), as varied, or its successor as amended from time to time or 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, college or administrative centre nominated by the Director-General for the particular teacher.

 

1.1.2    "TAFE Location" means a college, campus, institute or other work place.

 

1.1.3    "Teacher" means a permanent or temporary teacher employed in the Education 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 1.1.3 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 2700 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 Urban Affairs and Planning) the maximum per kilometre rate payable shall be the 1600 to 2700 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 over 2700 cc rate in respect of a vehicle with an engine capacity above 2700 cc.  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 over 2700 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

 

Below 1600 cc

50.6

21.1

 

1600 - 2700 cc

70.6

25.0

 

Above 2700 cc

75.9

27.0

6

Casual Rate

 

 

Below 1600 cc

21.1

 

1600 - 2700 cc

25.0

 

Above 2700 cc

27.0

 

Provided that these rates shall be adjusted pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837) or its successor as amended from time to time or in accordance with the rates as approved from time to time by the Director-General of the Premier’s Department.

 

Schedule 9

 

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 Services 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 5, Salary Progression and Maintenance and clause 26, 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 5, Salary Progression and Maintenance and clause 26, 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 4, 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 Education 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 Services 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 Services 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 10

 

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 2.52 of clause 2, Dictionary of the award) to receive the Teacher in Charge of Residential Supervision Allowance as provided for in paragraph 4.5.3 of clause 4, 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 4.5.1 of clause 4, 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 4.5.2 of clause 4, 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.

 

TAFE SECTION

 

37.  Contribution to Institute Output Requirements

 

37.1      Teachers, adult literacy officers, head teachers and special program coordinators in TAFE shall contribute to the achievement of Institute output requirements as measured in Annual Student Contact Hours (ASCH), provided that Institutes maintain their commitment to providing educationally and vocationally disadvantaged groups with access to technical and further educational services, including a range of appropriate specialised services, in line with the objectives of the TAFE Commission Act.

 

37.2      The strategies detailed in Schedule 13 shall be implemented in TAFE in order to maximise Annual Student Contact Hours.

 

37.3      The parties agree to consult on any variations to State and Commonwealth funding authority requirements in relation to the use of ASCH as a measure of institute output.

 

38.  Attendance - Teachers and Counsellors

 

38.1      The standard attendance hours of:

 

38.1.1   teachers, head teachers, special program coordinators and adult literacy officers, shall be 30 hours per week;

 

38.1.2   TAFE counsellors, advanced skills counsellors and senior counsellors, shall be 35 hours per week.

 

38.2      The daily span of working hours in colleges/campuses for officers and employees under this award is between 6.00am and 10.00pm on Monday to Saturday, inclusive.  Teaching and related duties hours worked by teachers should, unless otherwise unavoidable or by agreement between a teacher and their immediate manager, be continuous.

 

38.3      All full time officers shall be required to attend college five days per week on Monday to Friday, inclusive.  However, where the course program requires, TAFE teachers, head teachers, special program coordinators, adult literacy officers, counsellors, senior counsellors and advanced skills counsellors:

 

38.3.1   may be required to work on any five days from Monday to Saturday inclusive as part of their normal program, although they may meet weekly attendance requirements in four days per week;

 

38.3.2   who are required as part of their normal program to work on a Saturday shall, if they so request, be entitled to have two consecutive days off in the following week.

 

39.  Duties of Teachers

 

39.1      For the purpose of this clause teacher includes, head teacher, special program coordinator and adult literacy officer.

 

39.2      Teachers perform a broad range of duties that include the following activities:

 

Direct Teaching Activities

Duties Related to Teaching

 

 

Direct teaching activities include but are not

Duties related to teaching include but are not

limited to:

limited to:

 

- face to face teaching in any environment or

 

preparation;

 

setting, including but not limited to:

 

marking;

 

- classrooms,

 

support and advice to clients;

 

- workshops,

 

enrolment and administration;

 

- industry

 

course, curriculum and program development

 

- in the field;

 

and review;

 

 

industry and community liaison and promotion;

 

- distance mode and online;

 

training and professional development;

 

 

development of learning materials;

 

- workplace training and assessment.

 

research;

 

 

attendance at staff meetings;

 

 

recognition of prior learning;

 

 

workplace consultancy and advisory services;

 

 

skills analysis and audit;

 

 

work placement coordination and supervision;

 

 

leading approved staff development activities;

 

 

student selection;

 

 

course coordination as specified in curriculum

 

 

documents.

 

39.3      Head teachers also perform administrative duties and special program coordinators and adult literacy officers perform administrative and coordination duties.

 

40.  Allocation of Duties

 

40.1      The direct teaching or counselling component of:

 

40.1.1   full time teachers shall be 20 hours per week;

 

40.1.2   head teachers shall be ten or 14 hours per week as determined by the Managing Director;

 

40.1.3   adult literacy officers shall be nine hours per week;

 

40.1.4   TAFE counsellors and advanced skills counsellors shall be 20 hours per week;

 

40.1.5   senior counsellors shall be 14 hours per week;

 

40.1.6   special program coordinators shall be six hours per week or 216 hours per annum;

 

provided that all teachers, special program coordinators and adult literacy officers are entitled, pursuant to clause 45, Professional Development - TAFE Teachers, to a reduction in their direct teaching time by the requisite amount of professional development time.

 

40.2      TAFE teachers shall be required to teach 19 hours per week direct teaching including face to face teaching in any environment or setting including, but not limited to, classrooms, workshops, industry, in the field, by distance mode and online, and including workplace training and assessment.

 

40.3      only at the discretion of the institute director (or nominee) shall any reduction in the teaching load be permitted.  If any such reduction is permitted, the teacher shall not be paid for excess teaching hours, except as otherwise approved by the institute director.

 

40.4      Those teachers whose classes finish prior to the end of the TAFE Year, semester or term due to final examination shall continue to perform other duties.  Such duties are to be agreed between the teacher and their immediate manager.

 

40.5      The annual hour equivalents of the direct teaching activities, related duties, administrative and coordination duties and annual weeks of attendance of teachers, adult literacy officers, head teachers and special program coordinators in TAFE shall be as follows:

 

Classification

Direct

Related

Related

Admin

Co-

Total

Annual

 

teaching

duties -

duties

duties

ordination

annual

weeks of

 

(annual

during

hours

(annual

& Admin

hours

attendance

 

equivalent

teaching

during the

equivalent

duties

 

 

 

hours) #

weeks

five non

hours)

(annual

 

 

 

 

(annual

teaching

 

equivalent

 

 

 

 

equivalent

weeks

 

hours) F

 

 

 

 

hours)

(annual

 

 

 

 

 

 

 

equivalent

 

 

 

 

 

 

 

hours)

 

 

 

 

Teachers

720

360

150

-

-

1230

41

Adult literacy

324

216

150

-

540

1230

41

officers

 

 

 

 

 

 

 

Special

216

108

150

-

786

1260

42

program

 

 

 

 

 

 

 

coordinators

 

 

 

 

 

 

 

other than

 

 

 

 

 

 

 

consultants for

 

 

 

 

 

 

 

the disabled

 

 

 

 

 

 

 

Special

216

108

150

-

756

1230

41

program

 

 

 

 

 

 

 

coordinators -

 

 

 

 

 

 

 

Consultants

 

 

 

 

 

 

 

for the

 

 

 

 

 

 

 

disabled

 

 

 

 

 

 

 

Head teachers

504

252

150

324

-

1230

41

band 1

 

 

 

 

 

 

 

Head teachers

360

180

150

540

-

1230

41

band 2*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*  Includes head teachers band 1 supervising > 150 weighted hours per week

 

#  Includes 36 hours professional development.

 

F  Coordination and Administrative duties for adult literacy officers and special program coordinators

 

41.  Duties Related to Teaching

 

41.1      For the purpose of this clause teacher includes head teacher, adult literacy officer and special program coordinator.

 

41.2      In addition to direct teaching activities teachers shall be entitled to attend to duties related to teaching for 30 minutes for each hour of teaching that forms part of their approved program, except that adult literacy officers shall be entitled to six hours of related duties time for each week of teaching.

 

41.3      Where a teacher is given a teaching release, each hour of teaching release shall involve a 30 minute reduction in the teacher's related duties time.

 

41.4      Duties related to teaching shall also be undertaken during the five non teaching weeks per annum.

 

41.5      Teachers shall continue, in consultation with their immediate manager, to determine duties that shall be conducted during related duties time.

 

42.  Administrative Duties

 

42.1      The administrative component of a head teacher shall be:

 

42.1.1   nine hours per week for a head teacher band 1 supervising up to 150 weighted teaching hours per week;

 

42.1.2   15 hours per week for a head teacher band 1 supervising more than 150 weighted teaching hours per week; and

 

42.1.3   15 hours per week for a head teacher band 2.

 

43.  Averaging

 

43.1      For the purpose of this clause, teacher includes head teachers.

 

43.2      In colleges/campuses where student attendance varies from the standard semester or yearly pattern, teachers may average their direct teaching component as set out in subclause 40.1 of clause 40, Allocation of Duties, over fixed periods of up to one year determined in advance in accordance with the following provisions.

 

43.2.1   Teachers may, within the fixed averaging period be allocated teaching up to five hours above their direct teaching component, provided that the direct teaching component is to balance over the averaging period.

 

43.2.2   The direct teaching component to related duties ratio is to be maintained but may be averaged over the fixed averaging period, provided that the standard attendance of 30 hours per week is met.

 

43.2.3   Within the fixed averaging period, any direct teaching undertaken which exceeds five hours above the teacher's weekly direct teaching component as set out in subclause 40.1 of the said clause 40, Allocation of Duties, shall be paid in accordance with clause 50, Excess Teaching Hours.

 

43.2.4   Any teaching undertaken, which exceeds at the end of the fixed averaging period a teacher's direct teaching component, shall be paid as excess hours.  Excess teaching hours claimed in accordance with paragraph 43.2.3 of this subclause cannot be included in determining teaching hours for the purpose of this paragraph.

 

43.2.5   Except for hours accrued in accordance with the said paragraph 43.2.3, where an averaging teaching program is worked, payment for excess hours will be determined and paid at the end of the fixed averaging period or semester whichever is the lesser in accordance with clause 50, Excess Teaching Hours.

 

43.3      A teacher may average their direct teaching component over periods of less than one year consistent with subclause 43.2 of this clause.

 

43.4      The administrative component of a head teacher’s approved program must be worked as a consistent number of hours on a weekly basis within any year.  Averaging of the administrative component of the standard attendance hours is not permitted.

 

44.  Accumulating Program

 

44.1      For the purpose of this subclause, teacher includes head teacher.

 

44.2      By agreement between the teachers and their immediate manager, and subject to TAFE’s needs, teachers may elect to teach up to a maximum of five hours above their direct teaching component over one term or up to twelve weeks.

 

44.3      Teachers may not be directed to teach an accumulating program.

 

44.4      Regular or repetitive use of accumulating programs for periods over twelve weeks should be avoided.  Where the need arises, accumulating hours beyond that period is also voluntary.

 

44.5      When an accumulating program is chosen, teachers may elect on a once per term basis to accumulate hours or be paid fortnightly for the teaching hours above twenty.

 

44.6      Where teachers elect to accumulate hours, they may be paid at the end of the term or accrue excess hours into the next term.

 

44.7      Where an election to accumulate hours is made, teachers in consultation with their immediate manager should, in the context of a pre planned program, determine in advance when the time in lieu is to be taken.

 

44.8      If payment is elected, it shall be in accordance with clause 50, Excess Teaching Hours.

 

44.9      By the end of the TAFE year all excess hours must be taken as time in lieu or paid out.

 

44.10    The teaching component to related duties ratio of 2:1 is to be maintained for the first 20 hours of teaching.

 

44.11    Teachers shall be required to attend for 41 weeks per annum unless accumulated hours have been banked to be taken as time in lieu.

 

45.  Professional Development - TAFE Teachers

 

45.1      For the purposes of this clause, teacher includes head teachers, special program coordinators and adult literacy officers.

 

45.2      An approved program for all teachers shall include professional development on the following basis:

 

45.2.1   teachers undertaking teacher training shall have two hours per teaching week professional development in their first two years of service;

 

45.2.2   teachers who are teacher trained on recruitment shall have two hours professional development per teaching week in their first year of service; and

 

45.2.3   all other teachers shall have one hour of professional development per teaching week and may elect to use their professional development time on a weekly basis or to accrue this time over a period of up to twelve weeks.

 

45.3      The parties shall encourage teachers to accumulate their professional development time up to a maximum of twelve hours.  This shall facilitate teachers engaging in more meaningful accredited professional development programs.  This shall not prevent teachers electing to take their professional development time on a weekly basis.

 

45.4      The related duties time which would normally accrue to the hour(s) of teaching replaced by professional development shall continue to be used for teaching related duties.

 

45.5      The professional development allocation, which is provided by agreement between the parties, is in recognition of the potential value of professional development and:

 

45.5.1   is available for professional experience;

 

45.5.2   is available for self initiated activities;

 

45.5.3   shall be in addition to other professional development time/activities already provided by TAFE; and

 

45.5.4   teachers are encouraged to share their experiences with other teachers.

 

46.  TAFE Year

 

46.1      For the purpose of this clause, teacher includes head teacher.

 

46.2      Institutes shall operate for a period of 50 weeks in a calendar year.  There shall be a two week close down period in colleges/campuses over the Christmas and New Year period.  The dates of the close down period shall be determined by the Managing Director or delegate.

 

46.3      Teachers working TAFE Year programs shall undertake teaching duties for 36 weeks, non-teaching duties for five weeks and are to receive the same number of public holidays and vacation days in the TAFE Year as teachers who are working the standard educational year.

 

46.4      Teachers may not be directed to teach more than twelve consecutive weeks without taking a vacation break or may not elect to teach more than eighteen consecutive weeks without taking a vacation break.

 

46.5      Staffing of courses delivered outside the standard educational year shall be based on an essentially consultative procedure.

 

46.6      Managers of the relevant sections shall:

 

46.6.1   at the first instance, seek volunteers from within the college/campus to teach the course.  If suitably qualified full time teachers from within the college/campus are available and they wish to make alternative vacation arrangements, the college/campus should introduce an equitable system of selecting volunteer teachers on a rotation basis;

 

46.6.2   if no suitable full time teachers within the college/campus are available, then offers to teach courses may be extended to full time teachers at other colleges/campuses;

 

46.6.3   failing the above, an offer could then be made to suitable part time casual teachers;

 

46.6.4   in the event that all of the above avenues are exhausted, an institute manager may direct a full time teacher to undertake the program, provided that a teacher directed to teach in a TAFE Year program in the midsummer vacation shall not be directed to teach a TAFE Year program in the following midsummer vacation.

 

46.7      Deferred vacation leave shall be arranged on an agreed basis between the teacher and the college management, taking into account the educational programs in the college/campus, particularly in the first two weeks of the standard educational year, and the needs of the teacher.

 

46.8      Deferred vacation leave shall be taken, whenever possible, in full weekly blocks, each beginning Monday and ending on Friday.

 

46.9      Deferred vacation leave is to be cleared within twelve months of the conclusion of the TAFE Year activity and cannot be accumulated and carried over into subsequent years.

 

46.10    The TAFE Year provisions shall apply to teachers who are required to attend college/campus for student selection, programming, enrolment and other duties which can only be done outside the standard educational year and which are essential to the functioning of the section.

 

46.11    Teachers who work up to three days in one block outside the standard educational year may elect, once per TAFE Year, to be paid for this work in lieu of taking vacation leave.  Where a teacher elects to be so paid, such payment shall be made at the rate for excess teaching as per clause 50, Excess Teaching Hours.

 

47.  Additional One Week

 

47.1      For the purpose of this clause teacher includes head teacher.

 

47.2      By agreement between teachers and their immediate manager, teachers may elect to attend up to one week of their agreed non attendance period to meet TAFE’s needs.

 

47.3      Teachers may elect to be paid for this work or to accumulate their hours.

 

47.4      Where an election for payment is made, then such payment shall be at the rate prescribed at clause 50, Excess Teaching Hours for excess teaching hours or at the part time casual duties other than teaching rate for related duties.

 

47.5      Where teachers elect to accumulate, such hours shall contribute to their bank of hours.

 

47.6      Where teaching duties are undertaken, the hours shall accumulate as part of their total teaching bank of hours.

 

47.7      Where related duties are undertaken, these hours shall accumulate as part of the related duties bank of hours.

 

47.8      Teachers, in consultation with their immediate manager, should consider the provisions of clause 46 TAFE Year, and this clause.

 

47.9      Teachers may only attend one additional week per TAFE Year, whether the provisions of the said clause 46 TAFE Year, or this clause are applied.

 

47.10    Where teachers are directed to undertake duties in a vacation period, after the provisions of subclause 46.6 of clause 46 TAFE Year have been followed, then only the provisions of clause 46 TAFE Year shall apply.

 

47.11    Where teachers volunteer to undertake duties in the vacation period, then either the provisions of clause 46 TAFE Year or the provisions of this clause shall apply.

 

48.  Evening Work - Counsellors

 

48.1      For the purpose of this clause, counsellor includes senior counsellor and advanced skills counsellor.

 

48.2      Counsellors required to perform part of their counselling program after 5.30pm as part of their normal program shall be paid at a rate of 1.25 times their hourly salary rate.

 

48.3      The formula for calculating the hourly salary rates for a counsellor shall be:

 

Annual Salary

x

5

x

1

 

 

260.8929

 

1

 

35

 

49.  Time Credit

 

49.1      For the purposes of this clause, teacher includes head teacher and adult literacy officer.

 

49.2      Teachers who are required to perform direct teaching activities between 6.00am and 7.30am Monday to Friday, 5.30pm and 10.00pm Monday to Friday and 6.00am and 10.00pm on Saturday as part of their approved program and not part of excess teaching hours, shall have their direct teaching activities reduced by one hour for every four hours of such teaching or pro rata, provided that:

 

49.2.1   where, as a consequence of the operation of this subclause, a teacher's teaching load is reduced by their attendance, the said teaching load shall be reduced by an equivalent time but the teacher's total related duties time shall remain unaltered;

 

49.2.2   subject to the provisions of clause 43, Averaging, where, as a consequence of the operation of this subclause, a teacher's direct teaching load is reduced, direct teaching hours above the reduced load shall be deemed to be excess and paid at the appropriate rate according to clause 50, Excess Teaching Hours, for the time at which the hours are taught.

 

(i)         A teacher may choose to accumulate the excess teaching hours in accordance with the provisions of clause 44, Accumulating Program.

 

49.3      Teachers who are required to work during the hours prescribed at subclause 49.2, other than direct teaching, including the following circumstances:

 

49.3.1   Related duties (excluding meal breaks) which in one continuous period of time, extend beyond 5.30pm and 10.00pm or after 6.00am and 7.30am Monday to Friday and or between 6.00am and 10.00pm Saturday, where a teacher is required to teach two teaching sessions that are part of their approved program;

 

49.3.2   where head teachers are directed to perform supervisory duties;

 

49.3.3   enrolment duties;

 

as part of their approved program and not as part of excess teaching hours, shall be paid 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

 

 

1

 

260.8929

 

30

 

50.  Excess Teaching Hours

 

50.1      For the purpose of this clause, teacher includes head teacher and adult literacy officer.

 

50.2      Subject to the provisions in clause 43, Averaging, excess teaching hours worked between 7.30 am and 5.30 pm Monday to Friday shall be paid at a rate equivalent to the part time casual teaching duties rate of pay.  This rate shall be known as the excess teaching rate.

 

50.3      The formula for calculating the excess teaching hourly rate for hours described in subclause 50.2 shall be:

 

Maximum TAFE Teacher Salary

x

5

x

1

x

1.3475

 

1

 

260.8929

 

30

 

 

 

50.4      Subject to the provisions in clause 43, Averaging, excess teaching hours between 6.00am and 7.30am, Monday to Friday, 5.30pm and 10.00pm, Monday to Friday and 6.00am and 10.00pm Saturday, shall be credited on the basis of five hours for every four hours worked, or pro rata, and the hours so derived shall be paid according to this clause.

 

50.5      Emergency Hours -

 

50.5.1   Emergency excess teaching hours occur when an unplanned absence of a teacher leads to another teacher being given less than 24 hours notice to take a class.

 

50.5.2   Payment for emergency excess teaching hours shall be made fortnightly at the appropriate rate for the hours worked.

 

50.5.3   Emergency excess teaching hours cannot be included in determining the direct teaching hours of an averaging program.

 

50.6      The parties agree that the use of excess teaching hours shall be discouraged.

 

51.  Sunday Work/Night Work

 

51.1      For the purpose of this clause teacher includes head teacher and adult literacy officer.

 

51.2      That part of an approved program required to be worked on Sunday or on other days between the hours of 10.00pm and 6.00 am shall be paid at the rate of double the hourly rate of the teacher.

 

51.3      The formula for calculating the hourly rate shall be:

 

Annual Salary

x

5

x

1

 

 

1

 

260.8929

 

27

 

52.  Qualifications for Appointment

 

52.1      Except where the Managing Director determines that special circumstances exist in relation to a particular person which warrant that person’s appointment with a lesser qualification or a shorter duration of vocational experience, the minimum qualifications for appointment to positions are as follows:

 

52.1.1   Education officer - appropriate degree or diploma from a higher education institution and appropriate vocational and or industrial experience.

 

52.1.2   Teacher - appropriate technical or professional qualifications plus from two to five years, as appropriate, vocational and or industrial experience.

 

52.1.3   TAFE counsellor - appropriate degree from a higher education institution and at least three years study in psychology or other such study as the Managing Director deems appropriate, plus two years appropriate vocational experience.

 

53.  Working Conditions - Education Officers and Related Employees

 

53.1      This clause sets out the general conditions of employment for the following classifications in TAFE - education officer, senior education officer, chief education officer, principal education officer, curriculum manager, industry specialist, principal officer, quality assurance coordinator, cluster manager, program manager, Manager Education and Training Resource Centre.

 

53.2      They shall:

 

53.2.1   be employed on a 35 hours per week basis and may average their working hours, provided they work 420 hours every twelve weeks;

 

53.2.2   be entitled to professional development/study time as per clause 54, Professional Development - Education Officers, Related Employees and Counsellors.

 

53.3      In the context of a pre planned program, managers and their employees shall negotiate their working arrangements, including their daily span of hours, so as to meet TAFE’s and the individual's needs.  Possible working arrangements include:

 

53.3.1   the taking of part, single or multiple days as time in lieu;

 

53.3.2   taking time in lieu before 420 hours have been accumulated;

 

53.3.3   working a standard 35 hour week.

 

53.4      Up to a maximum of one week (35 hours) may be carried forward from one twelve week period to the next.

 

53.5      Where employees do not work the required 420 hours over the twelve week period, then an annual leave debit shall be made to cover the shortfall.

 

53.6      Where agreed working arrangements need to be reviewed this shall also be negotiated between employees and their manager.

 

53.7      The band of hours for employees not located in colleges/campuses shall be from 7.30am to 9.00pm Monday to Friday.

 

53.8      The band of hours for employees located in colleges/campuses shall be from 6.00am to 10.00pm Monday to Saturday.

 

53.9      All full time employees located in colleges/campuses shall be required to attend five days per week unless the taking of time in lieu has been agreed.

 

54.  Professional Development - Education Officers, Related Employees and Counsellors

 

54.1      Permanent and temporary education officers, related employees and counsellors shall have a professional development program as follows:

 

54.1.1   retention of their existing study time - for those employed by TAFE as at 31 January 1994; or

 

54.1.2   ten working days per annum which may be accumulated over six years up to a maximum of 60 working days to undertake professional experience, work or study inside or outside the TAFE system which is of demonstrated value to TAFE and/or the professional development of the employee.  This time may be taken in minimum periods of one half day per week as negotiated with their immediate manager.  The absence requires the approval of TAFE and is subject to the operating needs of the unit.

 

55.  Leave for TAFE Teachers and Related Employees

 

55.1      Annual Recreation Leave - All officers and temporary employees shall be entitled to a minimum of 20 days recreation leave or pro rata where employed for periods less than the equivalent full time.

 

55.2      Annual Leave Loading - All officers and temporary employees shall be paid a loading of 17.5 per cent of their wage/salary for each week of the four weeks minimum annual leave as provided for in subclause 55.1 for each twelve months of service, or pro rata, on the basis of the employee’s ordinary salary rate.

 

55.3      Annual Leave and Agreed Weeks of Non Attendance - teachers, counsellors and special program coordinators:

 

55.3.1   Except where provision is otherwise made in this award, all leave in excess of four weeks shall be deemed to be in lieu of additional work and overtime.

 

55.3.2   In lieu of the provisions under the Annual Holidays Act 1944, unless otherwise required by the Managing Director, officers and temporary employees in the following classifications shall not be required to attend their workplace for the number of weeks as set out in the following schedule:

 

Salary Group

Classification

Annual Leave

Agreed Weeks of

 

 

Weeks

Non Attendance

 

 

 

 

Common Salary

Teacher

4

7

Scale

Adult Literacy Officer

4

7

 

TAFE Counsellor

4

3

 

Advanced Skills Counsellor

4

3

Promotion Salary

Head Teacher

4

7

Scales

Special Program Coordinators

4

6

 

Consultants for the Disabled

4

7

 

Senior Counsellor

4

3

 

55.4      Sick Leave -

 

55.4.1   All officers and temporary employees shall be entitled to fifteen days per annum with the unused component of the annual entitlement being fully cumulative or pro rata where employed for periods less than the equivalent full time.

 

55.4.2   Employees employed on teaching conditions who, as at 31 January 1994, were entitled to 22 days on full pay and 22 days on half pay in any twelve month period shall retain their previously accumulated sick leave entitlement.

 

55.4.3   Special sick leave shall continue to be available.

 

55.4.4   Additional Sick Leave - the provisions of this subclause shall only apply to officers and temporary employees employed on teaching conditions.

 

(i)         The maximum grant of additional sick leave during the first two years of service is fifteen days.

 

(ii)        Additional sick leave provided under this subclause is available at any stage during the employee’s first two years of service but shall only be granted in circumstances where:

 

(a)        there is no current concern regarding the employee’s use of sick leave as contained in paragraph 55.4.1 of this subclause;

 

(b)        all sick leave entitlements as contained in paragraph 55.4.1 have been exhausted.

 

55.5      Extended Leave -

 

55.5.1   Subject to the TAFE Commission Act, officers and full time temporary employees shall be entitled to extended leave of 44 working days on full pay or 88 working days on half pay after completing ten years of service and a further eleven working days for each completed year of service after ten years.

 

55.5.2   Extended leave entitlements as a result of service prior to 31 January 1994 shall be saved as accumulated under the pre-existing provisions applying to the employee concerned.

 

55.6      Family and Community Service Leave -

 

55.6.1   The maximum amount of family and community service leave that may be granted to full time officers and temporary employees is:

 

(i)         during the first twelve months of service - three working days;

 

(ii)        after completion of twelve months service - six working days in any two year period;

 

(iii)       after completion of two years service - nine working days in any three year period.

 

55.7      Personal/Carer's Leave -

 

55.7.1   Use of Sick Leave -

 

(i)         Where family and community service leave is exhausted an officer or temporary employee with responsibilities in relation to a class of person set out in subparagraph (iii) (b) below who needs that employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in sick leave provisions of this award or absences to provide care and support for such persons when they are ill.  Leave may be taken for part of a day.

 

(ii)        That employee shall if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take personal carer's leave under this subclause where another person has taken leave to care for the same person.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(b)        the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(3)        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 spouse or de facto spouse of the employee; or

 

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

 

(5)        a relative of the employee who is a member of the same household where, for the purposes of this section:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(iv)      An employee shall, wherever practicable, give the Managing Director or nominee notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Managing Director or nominee of such absence at the first opportunity on the day of absence.

 

55.7.2   Unpaid Leave for Family Purposes -

 

(i)         An officer or temporary employee may elect, with the consent of the Managing Director or nominee, to take unpaid leave for purpose of providing care and support to a member of a class of person set out in subparagraph 55.7.1 (iii) (b) who is ill.

 

55.7.3   Annual Leave -

 

(i)         An officer or temporary employee may elect, with the consent of the Managing Director or nominee and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.

 

(ii)        Access to annual leave, as prescribed in subparagraph (i) of this paragraph, shall be exclusive of any shut down period provided for elsewhere under this award.

 

(iii)       The employee and Managing Director or nominee may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

55.7.4   Time Off in Lieu of Payment for Overtime -

 

(i)         An officer or temporary employee may elect, with the consent of the employer, to take time off in lieu of payment of overtime at a time or times agreed with the employer within twelve months of the said election.

 

(ii)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

 

(iii)       If, having elected to take time as leave in accordance with subparagraph (i) of this paragraph, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve month period or on termination.

 

(iv)      Where no election is made in accordance with the said subparagraph (i), the employee shall be paid overtime rates in accordance with the award.

 

55.7.5   Make-up Time -

 

(i)         An officer or temporary employee may elect, with the consent of the Managing Director or nominee to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

55.7.6   Rostered Days Off -

 

(i)         An officer or temporary employee may elect, with the consent of the Managing Director or nominee, to take a rostered day off at any time.

 

(ii)        An employee may elect, with the consent of the Managing Director or nominee, to take rostered days off in part day amounts.

 

(iii)       An employee may elect, with the consent of the Managing Director or nominee, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Managing Director or nominee and the employee, or subject to reasonable notice by the employee or the Managing Director or nominee.

 

(iv)      This subclause is subject to the Managing Director or nominee informing each union which is party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

 

55.7.7   Bereavement Leave -

 

(i)         An officer or temporary employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subparagraph 55.7.1 (iii) of this subclause, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(ii)        The employee must notify the Managing Director or nominee as soon as practicable of the intention to take bereavement leave and shall, if required by the Managing Director or nominee provide to the satisfaction of the Managing Director or nominee proof of death.

 

(iii)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(iv)      Bereavement leave may be taken in conjunction with other leave available under this clause.  In determining such a request the Managing Director or nominee shall give consideration to the circumstances of the employee and the reasonable operational requirements of TAFE.

 

56.  Calculation of Service

 

56.1      In calculating the years of service for the purpose of this award the following periods shall not be taken into account:

 

56.1.1   any leave of absence without pay exceeding five days in any year of service;

 

56.1.2   any unauthorised absences;

 

56.1.3   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.

 

57.  Training and Development

 

57.1      The parties confirm a commitment to training and development for all education employees.  Employees recognise their obligation to maintain and update their skills.  TAFE recognises its obligations to provide employees with opportunities to maintain and update their skills.

 

57.2      It is the aim of the parties to this award that 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 the highest quality service.

 

57.3      The parties agree that, wherever possible, training and development shall be designed to articulate with approved and accredited courses.

 

57.4      TAFE shall facilitate the professional development, skills enhancement and career development opportunities of employees and improve effectiveness through a range of activities, including:

 

work-based learning;

 

return to industry;

 

job rotation;

 

transfers;

 

secondment;

 

project team participation;

 

job design and redesign;

 

provision of training relevant to the needs of the individual and the requirements of the organisation.

 

58.  Multi-Skilling

 

58.1      Subject to appropriate qualifications, training and taking into account a teacher’s long term career path opportunities, the Managing Director may transfer teachers to teach their approved program in part or in whole in another location or discipline other than the one to which they currently belong.

 

58.2      Teachers transferred pursuant to subclause 58.1 of this clause shall have a right to a review of their position each year in consultation with relevant TAFE officers.

 

59.  Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors in TAFE

 

59.1      This clause sets out the general conditions of employment for part time casual teachers, coordinators and counsellors in TAFE.

 

59.2      Subject to the provisions of the TAFE Commission Act and to the regulations made thereunder and to satisfying the conditions prescribed by this award, the hourly rate of pay inclusive of all incidents of employment, excluding entitlements under the Long Service Leave Act 1955 and including duties in subclause 59.7 of this clause, of part time casual teachers and coordinators shall be as set out in Schedule 14.

 

59.3      Full time teachers and the rates for part time casual teaching, coordination/consultancy and duties other than teaching are linked by a formula based for administrative convenience on the ratios of the hourly rate of a full time TAFE teacher on the maximum salary of the common incremental salary scale contained in Schedule 1.

 

59.4      The formula for calculating the hourly rate for full time teachers is:

 

Maximum TAFE Teacher Salary

x

5

x

1

 

 

1

 

260.8929

 

30

 

59.5      The ratios calculated in accordance with subclause 59.3 are:

 

Ratio

Teaching Duties

1.3475

Coordination/Consultancy Duties

1.2667

Duties Other Than Teaching

1.0638

 

59.6      Part time casual teachers who teach within a correctional centre shall be entitled to an environmental allowance of an additional amount per hour as set out in Schedule 2 on the rates contained in Schedule 14 for each hour so taught within the correctional centre.

 

59.7      Duties -

 

59.7.1   The rate paid for part time casual teachers is for the duties on which part time casual teachers are engaged during the hours for which they have been authorised to undertake direct teaching activities and performance of related duties including:

 

attendance in the classroom before the commencement and after the completion of class;

 

setting and marking of class tests;

 

assessing and marking students' practical work;

preparing special lectures and lecture demonstrations;

 

completing records and returns;

 

setting and marking assignments;

 

initial recording of results;

 

familiarisation with the syllabus;

 

organisation of lesson plan;

 

preparation of lesson notes, and teaching aids;

 

making copies of notes; and

 

preparation for practical work, drawing and practical exercises.

 

59.8      Sick Leave -

 

59.8.1               Part time casual teachers and coordinators shall be entitled to sick leave as follows:

 

(i)         In any calendar year a part time casual teacher or coordinator in TAFE shall be entitled to accrue and then use sick leave as set out in subparagraphs (ii) to (viii) below.

 

(ii)        After having completed 468 hours of service during any calendar year, a part time casual teacher or coordinator shall have accrued paid sick leave of three weeks per annum pro rata to the average number of hours per week worked by the teacher or coordinator in that calendar year.  The part time casual teacher or coordinator shall accrue a number of hours sick leave on an annual basis equal to the number of hours service in a calendar year divided by twelve.

(iii)       Provided that a part time casual teacher or coordinator who has completed 468 hours service in a calendar year but does not have accumulated sick leave entitlement from preceding years shall have an hourly sick leave entitlement equal to the number of hours service, at the date of taking leave, multiplied by three and divided by the number of weeks worked by that date.

 

(iv)      The maximum amount of accumulated sick leave in any calendar year shall be 60 hours.

 

(v)       At the commencement of each calendar year, a part time casual teacher or coordinator shall be credited with unused sick leave accrued in the preceding calendar year.

 

(vi)      A part time casual teacher or coordinator who has an accrued sick leave entitlement and who, because of personal illness, is unable to attend or perform duty on any day when engaged or scheduled to attend, shall be entitled to be paid sick leave at the rate applicable to those duties.

 

(vii)     Where a part time casual teacher's or coordinator's application for sick leave exceeds three consecutive program days or as otherwise required by the Managing Director, the part time casual teacher or coordinator shall produce a satisfactory medical certificate from a qualified medical practitioner stating the nature of the illness and the time which, in the doctor's opinion, must elapse before the applicant can resume duty.

 

(viii)    Where a part time casual teacher or coordinator is also engaged in any other full time employment and is entitled thereunder to sick leave benefits in respect to a period of employment which is concurrent with any period(s) of employment as a part time casual teacher or coordinator in TAFE they shall not be entitled to any sick leave benefits under this award.

 

59.9      Hard to Fill Country Locations -

 

59.9.1               When a part time casual teaching, coordination and or counselling position has been advertised twice in the press and no selection has been made, appropriate travel and subsistence allowances pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837) as varied, or its successor shall be paid to part time casuals who, upon request by TAFE, work in a remote location other than the location to which they are otherwise engaged.

 

59.10    Related Duties -

 

59.10.1             Part time casual teachers teaching a minimum of eighteen hours per week in any one institute may be granted an average of 1.5 hours per week (to a maximum of 54 hours over 36 teaching weeks) for related duties with payment at the teaching duties rate where, in the opinion of the TAFE management delegate, the number of full time teachers available is insufficient to carry out essential work.

 

59.10.2             Apportionment of the related duties hours during the academic year shall be by agreement between the part time casual teacher and their supervisor.

 

59.11    Training and Development -

 

59.11.1             Where a part time casual teacher, coordinator or counsellor is approved to attend a staff development activity which coincides with normal duties, such part time casuals shall be paid at the rate applicable to their duty program for the length of that duty program whilst so engaged on staff development activities.

 

59.11.2             Allowances and reimbursement of out-of-pocket expenses pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837) as varied, or its successor, for motor vehicle allowances shall be made on the following bases, provided that such travel is by the most economical means.

59.11.3             If participants attend courses where they are required to be away from their homes overnight, they shall be entitled to:

 

(i)         provision of the cost of rail travel or use of car with payment at casual rates; and

 

(ii)        payment of incidental expenses necessarily incurred in travelling.

 

59.11.4             If participants attend courses where they are not required to be away from their homes overnight, they shall be entitled to:

 

(i)         travelling costs as per subparagraph 59.11.3 (i); and

 

(ii)        meal allowances, when meals are not provided by TAFE.

 

59.12    Class Cancellation -

 

59.12.1             Where a part time casual teacher reports for duty on any day on the basis of a request by an authorised officer and then is advised that their services are not required or receive less than two hours notice of cancellation, the teacher shall be entitled to receive payment for the scheduled duties.

 

59.13    Attendance at Staff Meetings -

 

59.13.1             Part time casual teachers and coordinators who are approved to attend staff meetings shall be paid at the rate specified for duties other than teaching for attendance at the meetings.

 

59.13.2             A minimum one hour is payable for each meeting attendance.

 

59.13.3             Approval for attendance in excess of two hours for each meeting shall be at the discretion of the officer at the level above the part time casual’s supervisor.

 

59.14    Public Holiday Pay -

 

59.14.1             When a public holiday occurs on the day when part time casual teachers and coordinators are normally required to be on duty, they shall be paid for that day's normally programmed hours if they were:

 

(i)         On their normal duty day immediately preceding the public holiday, irrespective of whether that day was the class day one week earlier or some additional class day between those two days; and

 

(ii)        On their normal duty day immediately following the public holiday, irrespective of whether that day was the class day one week later or some additional class day between those days.

 

59.14.2             Part time casual teachers and coordinators engaged as substitutes for other part time casual teachers and coordinators shall be paid only if the normal part time casual teachers or coordinators do not qualify under paragraph 59.14.1 of this subclause.

 

59.14.3             Part time casual teachers who teach during a vacation period are entitled to be paid for public holidays falling within the vacation period pursuant to this clause.

 

59.15    Payment of Interview Expenses -

 

59.15.1             Part time casual teachers, coordinators and counsellors applying for full time TAFE positions are entitled to the following provisions:

 

(i)         When a part time casual is called for interview for a full time position, then TAFE shall meet the applicant's reasonable expenses for travel and subsistence as contained in the Interview Expenses policy contained in the TAFE Commission Gazette of 10 August 1994, as amended from time to time.

 

(ii)        The payment of expenses shall be a matter for discussion and agreement prior to interview, bearing in mind due economy.

 

(iii)       Travel arrangements shall be discussed when interviews are arranged.

 

59.16    Recognition of Previous TAFE Part time Casual Service -

 

59.16.1             Part time casual teachers, coordinators and counsellors who are subsequently appointed to full time TAFE positions are eligible to have such part time casual TAFE service recognised for extended (long service) leave purposes, provided their service merged without break into full time service.

 

59.16.2             To calculate their entitlement, the following formula is used:

 

Number of hours worked

 

 

per week as a part time

 

 

 

casual

x

Period of part time casual employment

Number of hours worked

 

 

per week by full time staff

 

 

in that classification

 

 

 

59.17    Agreed Leave -

 

59.17.1 Declared Emergencies -

 

(i)         Part time casual teachers and coordinators who, in a declared emergency, volunteer to assist the emergency services or who are members of volunteer emergency organisations which are required to assist during a declared emergency are to be granted leave with payment where it coincides with teaching duty.  There is no limit on the duration of such leave.

 

(ii)        On resumption of duty, proof of attendance certified by an authorised representative of the emergency service shall be provided.

 

(iii)       Agreed leave for a further one day for rest purposes may be granted prior to the resumption of duty.

 

59.17.2             Jury Duty -

 

(i)         Part time Casual Teachers and Coordinators Responsibility -

 

(a)        A part time casual teacher or coordinator, who attends a court in answer to a jury summons on a day when they would otherwise be on duty, may elect to receive payment for jury expenses or receive leave, whichever is most advantageous to the part time casual.

 

(b)        To obtain leave, a part time casual teacher or coordinator must furnish to the appropriate supervisor any certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the part time casual teacher or coordinator during any such period and the details of any payment or payments made to the part time casual teacher or coordinator under Section 72 of the Jury Act 1977, in respect of any such period.

 

(c)        A part time casual teacher or coordinator must, as soon as possible, notify the appropriate supervising officer of the details of any jury summons served.

 

(ii)        TAFE's Responsibility -

 

(a)        The appropriate supervising officer shall, in respect of any period during which a part time casual teacher or coordinator was required to be on duty:

 

(1)        upon receipt of any such certificate of attendance grant, in respect of any such period for which the part time casual teacher or coordinator has been paid out-of-pocket expenses only, agreed leave on full pay; or

 

(2)        in any other case grant, at the sole election of the part time casual teacher or coordinator, agreed leave without pay.

 

59.18    Access to Facilities -

 

59.18.1             The institute shall ensure that the facilities are available to all part time casual employees.  Subject only to the needs for security and safety, teaching materials, working areas and equipment, resource and reference materials and technical and administrative employees shall be readily accessible by part time casual employees before, during and following their scheduled duty periods.

 

59.19    Statement of Service -

 

59.19.1             TAFE shall maintain a record of service detailing hours paid during the period of engagement of all part time casuals.

 

59.19.2             The record of service prior to the introduction of the Lattice Human Resources Management System shall be established from TAFE records supplemented by part time casuals submitting records/statutory declarations of this service.

 

59.19.3             This record of service will be updated and made available to each part time casual as a Statement of Service:

 

(i)         On request by the part time casual concerned; or

 

(ii)        On termination of the part time casual’s employment.

 

59.20    Induction -

 

59.20.1             A part time casual teacher, on initial engagement, shall be paid up to two hours at the duties other than teaching rate for attendance at a formal induction program.

 

59.21    Part time Casual Counsellors -

 

59.21.1             Part time casual counsellors shall be entitled to an hourly rate of pay as set out in Schedule 14.  The hourly rate of pay is linked by a formula to step 10 of the common incremental salary scale.  The formula is as follows:

 

Step 10 Common Salary Scale

x

5

x

1.5

 

1

 

260.8929

 

35

 

59.21.2             The hourly rate of pay calculated in paragraph 59.21.1 is inclusive of all incidence of employment, including sick leave in subclause 59.8, public holiday pay in subclause 59.14 and agreed leave in subclause 59.17 except for entitlements under the Long Service Leave Act 1955.

 

59.22    Temporary Appointment Opportunities -

 

59.22.1             Part time casuals are eligible to apply for temporary appointment to positions (other than full time teaching, permanent teaching and promotional teaching positions) advertised within the TAFE Gazette.

 

60.  Contract Teachers (OTEN)

 

60.1      This clause establishes the general conditions of employment, including hourly rates of pay, which are specific to contract teachers employed by TAFE at OTEN.

 

60.2      In addition to the qualifications for appointment the Basic Method of External Teaching (BMET) is the pre entry requirement.

 

60.3      Rates of Pay -

 

60.3.1   There shall be a single contract teaching rate.  The rate of pay for contract teachers is linked to the hourly teaching duties rate for part time casual teachers as follows:

 

Teaching Duties Rate for

x

2

x

25

=

$per unit

Part time Casual Teachers

 

3

 

60

 

 

 

60.3.2   This formula reflects the parties' agreement that the marking of each unit of work shall be allocated 25 minutes.

 

60.3.3   The rates of pay for contract teachers (OTEN) are set out in Schedule 14.  These rates are inclusive of all incidence of employment except for long service leave as provided under the Long Service Leave Act 1955.

 

61.  Provision for Positions Which Are Hard to Fill

 

61.1      This clause does not apply to part time casual teachers and contract teachers (OTEN).

 

61.2      A position will be regarded as "hard to fill" when it has been advertised once throughout TAFE and twice throughout New South Wales in the major press and no appointment has been made.

 

61.3      When a position has been identified as "hard to fill" in accordance with subclause 61.2, TAFE will review the position in order to ensure that the current position description and accountabilities appropriately reflect the nature of the position.  Where appropriate, job redesign will follow and the new position will be advertised in the normal manner.

 

61.4      Where job redesign has not been deemed to be appropriate, Institute Directors and managers may offer an allowance of up to ten per cent of the maximum salary of the position when it is next advertised.

 

61.5      The allowance will be paid to the selected applicant for as long as they remain in the advertised position.

 

62.  Industrial Rights

 

62.1      Federation Representatives -

 

62.1.1   An accredited Federation representative at the place in which they are employed shall, upon notification thereof to their employer, be recognised as an accredited Federation representative.

 

62.1.2   An accredited Federation representative shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting employees.

 

62.1.3   An accredited Federation representative shall be allowed a reasonable period of time during working hours to interview a duly accredited Federation official.

 

62.2      Consultative and Other Committee Work -

 

62.2.1   Where an employee is required by TAFE, nominated by the Federation or otherwise selected by other employees to participate in work based consultative or like committees, TAFE shall provide such employees with paid leave to attend to such matters.

 

62.2.2   In addition, where such committees unanimously agree to undertake a particular project consistent with their terms of reference, TAFE shall provide sufficient paid time to enable the employee to undertake the project.

 

63.  Quality Improvement Program

 

63.1      The parties are committed to encouraging officers at all levels to take responsibility for the continuous improvement of all processes, products and services of TAFE.

 

63.2      The parties will actively participate in the development and implementation of the agreed quality improvement program throughout TAFE and will contribute to the program's success.

 

64.  Pilot Schemes

 

64.1      The parties agree to pilot innovative ways to meet customer needs; to jointly develop performance indicators for these schemes; to jointly monitor and measure the success of these schemes using these indicators; and to implement those initiatives which they have agreed are a success.

 

64.2      The parties agree that, before pilot schemes are introduced, the Federation and affected officers involved must be consulted and agree to their trial.

 

65.  Principles of Restructuring

 

65.1      The parties agree to the following basic principles in the restructuring of work units:

 

65.1.1   officers will be consulted at the first opportunity;

 

65.1.2   the Federation is notified and discussions held regarding the restructure;

 

65.1.3   where new structures are being considered, a broad outline of the structure with basic functions of each position will be developed;

 

65.1.4   the process involves ongoing consultation with officers and the Federation;

 

65.1.5   job analysis will be conducted on the new positions;

 

65.1.6   resulting position descriptions will be discussed with affected officers and the Federation;

 

65.1.7   job evaluation of positions is undertaken;

 

65.1.8   staffing of positions occurs in terms of redeployment, potential redeployment, transfer, staff selection and direct appointment, except where a position can clearly be identified as an upgraded position with an incumbent.

 

SCHEDULES FOR TAFE SECTION

 

Schedule 11

 

Salary Scales - Promotion Classifications in TAFE

 

Classification

Salary from the

Salary from the

Salary from the

 

first pay period to

first pay period to

first pay period to

 

commence on or

commence on or

commence on or

 

after

after

after

 

1.1.2004

1.7.2004

1.1.2005

 

Per annum ($)

Increase

5.5%

3%

3.5%

Cluster Manager and Manager,

97,617

100,546

104,065

Education and Training Resource Centre

 

 

 

Principal Education Officer

90,956

93,685

96,964

and Program Manager and Curriculum

 

 

 

Manager

 

 

 

Quality Assurance Coordinator

85,702

88,273

91,363

Chief Education Officer

81,183

83,618

86,545

Senior Education Officer

 

 

 

and Senior Counsellor

 

 

 

Step 2

74,645

76,884

79,575

Step 1

72,842

75,027

77,653

Senior Head Teacher in TAFE

 

 

 

(old classification)

 

 

 

Step 2

74,645

76,884

79,575

Step 1

72,842

75,027

77,653

Head Teacher in TAFE

 

 

 

Band 2

72,842

75,027

77,653

Band 1

67,041

69,052

71,469

Head Teacher in TAFE

 

 

 

(old classification)

 

 

 

Step 2

69,785

71,879

74,395

Step 1

67,041

69,052

71,469

Special Program Coordinator

 

 

 

Step 2

69,785

71,879

74,395

Step 1

67,041

69,052

71,469

 

Schedule 12

 

Excess Travel and Compensation for Travel on Official Business - TAFE Teachers

 

1.          Definitions -

 

1.1        For the purpose of this Schedule:

 

1.1.1    "Excess Travel" means, for the purpose of subclause 3.3, 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 college, campus or other workplace to another.

 

1.1.2    "Headquarters" means that college/campus nominated by the Managing Director or nominee for the teacher, or that college/campus where the major part of the teacher's approved program is performed.

 

1.1.3    "Teacher" means all persons employed permanently or temporarily in TAFE in full time teaching positions, including head teachers, special program coordinators, TAFE counsellors and adult literacy officers.

 

1.1.4    "Teaching Program" means all direct teaching and other duties that take place during the teacher's approved program, including a prescribed course of teacher education.

 

2.          Introduction -

 

2.1        Except where authorised, teachers are responsible for meeting costs incurred in travel between their residence and usual place of work.

 

2.2        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.

 

2.3        The use of a teacher’s private motor vehicle on official business is not mandatory.

 

3.          Excess Travel Time -

 

3.1        When a teacher, in order to perform their teaching program is required to travel outside the teacher's duty hours:

 

from the teacher's home to a college, campus or other workplace; and/or

 

from a college, campus or other workplace to the teacher's home; and/or

 

between colleges, campuses or other workplaces on any one day; and/or

 

between parts of a college, campus or other workplace which are at different sites; and/or

 

between colleges, campuses, institutes or other workplaces and any annexes of a college, campus, institute or other workplace which are at different sites,

 

and where the teacher is not granted by mutual arrangement between the teacher and TAFE time off the teaching duties equal to and in lieu of the actual time spent in excess travelling, the teacher shall be paid for excess time occupied in travelling, in accordance with this Schedule but subject to the following conditions:

 

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 fifteen minutes on any one day shall be disregarded.

 

3.1.3    Travelling time shall not include any period of travel between:

 

(i)         11.00pm on any one day and 7.30am on the following day when the teacher has travelled overnight and accommodation has been provided for the teacher; or

 

(ii)        11.00pm on any one day and 6.00am on the following day for a teacher who is required to perform teaching duties between 6.00am and 7.30am as part of their teaching program when the teacher has travelled overnight and accommodation has 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.

 

3.2        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

5

x

1

 

 

 

260.8929

 

30

 

3.3        Payment for Excess Travel -

 

3.3.1    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 set out in clause 9 of this schedule for:

 

(i)         up to 8,000 km per annum;

 

(ii)        over 8,000 km per annum.

 

3.3.2    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 college, campus or other workplace to another, shall be determined in accordance with the provisions of subclauses 3.3.1 to 3.3.8 inclusive.

 

3.3.3    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 Km

(One Way) Km

 

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.

 

3.3.4    Provided that when the above deduction in subclause 3.3.3 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

 

3.3.5    This daily deduction discounts the normal one way distance travelled from home to headquarters for which teachers shall not be paid.

 

3.3.6    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.

 

(i)         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.

 

(ii)        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.

 

3.3.7    A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes travel between the sites is required.

 

3.3.8    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.

 

4.          Waiting Time -

 

4.1        Where a teacher qualifies for payment in accordance with this Schedule for excess time occupied in travelling and necessary waiting time occurs, such waiting time shall be treated as travelling time subject to the following conditions:

 

4.1.1    Where there is no overnight stay with accommodation at a centre away from home or headquarters one hour shall be deducted from the necessary waiting time between the time of arrival at the centre and the commencement of duty and one hour shall be deducted from the necessary waiting time between the time of ceasing duty and the time of departure for home or headquarters or another centre.

 

4.1.2    Where overnight accommodation is provided at a centre any time from the completion of arrival at the centre until departure for home or headquarters or another centre shall not count as travelling time except that:

 

(i)         where duty is performed on the day of such departure any necessary waiting time (less one hour) from completion of such duty until departure shall be counted;

 

(ii)        where no duty is performed on the day of such departure necessary waiting time (less one hour) after 9.00am until such departure shall be counted,

 

and provided further that where accommodation as mentioned in subclause 3.1.3 above is provided waiting time after 11.00pm shall not be counted.

 

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 TAFE year or travel a minimum of 400 kilometres during the TAFE 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 TAFE 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        Circumstances where teachers, who are not authorised for reimbursement of travel expenses at the official business rate, may be given approval to use their private vehicle on official business at the casual  rate include travel to attend staff development courses, selection committee interviews, GREAT appeals and hearings.

 

6.3        The rate paid is that specified in clause 9 of this Schedule.

 

7.          Payment of 2700 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 Urban Affairs and Planning) the maximum per kilometre rate payable shall be the 1600 to 2700 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 over 2700 cc rate in respect of a vehicle with an engine capacity above 2700 cc.  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 over 2700 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

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.

 

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:

 

 

Add

Home to Headquarters

 

(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.

 

8.4.1    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.

 

8.4.2    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.

 

8.5        A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites where less than fifteen minutes, travel between the sites is required.

 

8.6        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 Rates -

 

Clause of Schedule

Rate/Vehicle Engine Capacity

Cents Per Km

which applies

 

 

5

Official Business Rate

0 - 8,000 km

8,001 km or more

 

 

per annum

per annum

 

below 1600 cc

50.6

21.1

 

1600 - 2700 cc

70.6

25.0

 

above 2700 cc

75.9

27.0

6

Casual Rate

 

 

below 1600 cc

21.1

 

1600 - 2700 cc

25.0

 

above 2700 cc

27.0

 

Provided that these rates shall be adjusted in accordance with the rates pursuant to the Crown Employees (Public Service Conditions of Employment 2002) Award published 21 March 2003 (338 I.G. 837), as varied, or its successor as amended from time to time or in accordance with the rates as approved from time to time by the Director-General of the Premier’s Department.

 

Schedule 13

 

Strategies for Maximising Annual Student Contact Hours in TAFE

 

1.          Annual Student Contact Hours (ASCH) shall be maximised by utilising a range of strategies.  If requested, consultation shall occur at the local level between the teaching section and their line manager regarding educational soundness, access and equity, appropriate resources and occupational health and safety.

 

2.          Such strategies include:

 

2.1        Ensuring that all available student places are filled.

 

2.2        Continual or "topping up" of enrolments as students meet module outcomes or units of competence and move out of the class.  This shall result in an increased output of students. 

 

2.3        Continual or "topping up" of enrolments to replace enrolled students who have not commenced the course, or who have officially withdrawn from modules or who have been absent from class without notice for four consecutive weeks.

 

2.4        Enrolment of students in modules to undertake the additional training and education required to achieve competency against the module outcome or unit of competence following successful assessment for Recognition.

 

2.5        Establishing quality partnerships with industry which may result in a proportion of the program being workplace training and assessment, conducted by TAFE approved industry personnel in accordance with an agreed quality assurance process.

 

2.6        Utilising a variety of delivery modes that are appropriate to the particular learning situation, including the needs of students.

 

2.7        Core enrolment times shall continue to occur at the start of each semester.  These shall be supplemented by continual or "topping up" of enrolments as outlined above.

 

2.8        Extending enrolments and commencements beyond the core enrolment times at the start of each semester and staggering enrolments and commencement times across the full year.

 

2.9        Teachers and head teachers shall employ best practice in student administration by ensuring that all activities for which they are responsible are correctly recorded and credited including the completion of enrolment adjustment forms.

 

2.10      Enrolling in the initial enrolment period up to an additional three students over and above the student teacher ratios in a subject/module, where the subject/module has a history of attrition, based on institute data.

 

Schedule 14

 

Rate of Pay - Part time Casual Teachers, Coordinators and Counsellors in TAFE and Contract Teachers (OTEN)

 

 

Rate from the first

Rate from the first

Rate from the first

 

pay period to

pay period to

pay period to

 

commence on

commence on

commence on

 

or after

or after

or after

 

1.1.2004

1.7.2004

1.1.2005

 

Per hour ($)

Increase

5.5%

3%

3.5%

Teaching Duties

53.58

55.18

57.11

Co-ordination/Consultancy Duties

50.36

51.87

53.69

Duties Other Than Teaching (DOTT)

42.30

43.56

45.09

Part time Casual Counsellors

44.80

46.14

47.76

 

Open Training and Education Network Contract Teachers

 

Per Unit ($)

Contract Teaching Duties

14.88

15.33

15.86

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. P. BOLAND  J.

J. P. GRAYSON  D.P.

J. McLEAY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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