Teachers
(Catholic Early Childhood Service Centres and Pre-Schools) (State) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 673 of 2008)
Before Commissioner
Bishop
|
1 October 2008
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Payment on
Termination and Salary Adjustment for Teachers Employed in Pre-School
5. Shift and
Penalty Loadings for Teachers Employed in ECS Centres
6. Director’s
and Authorised Supervisor’s Allowance
7. Annual
Leave for Teachers Employed in an ECS Centre
8. Annual
Holiday Loading for Teachers Employed in ECS Centres
9. Annual
Holiday Loading for Teachers Employed in a Pre-School
10. Sick Leave
11. Catholic
Personal/Carer’s Leave
12. Other Leave
13. Hours of
Work for Teachers Employed in an ECS Centre
14. Overtime
and Time in Lieu - ECS Centres
15. Miscellaneous
16. Anti-Discrimination
17. Union
Representatives
18. Terms of
Engagement and Information to be Provided to Teachers
19. Redundancy
20. Disputes
and Grievance Procedures
21. Savings
Clause
22. Superannuation
23. Enterprise
Consultation
24. Labour
Flexibility
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay For Teachers Employed in an Early
Childhood Service Centre
Table 2 - Rates of Pay For Teachers Employed in a
Pre-School
Table 3 - Director’s Allowances
Table 4 - Other Rates and Allowances
Table 5 - Authorised Supervisor’s Allowance (Clause
6.3(i))
Table 6 - Authorised Supervisor’s Allowance (Clause
6.3(ii))
PART C
REDUNDANCY
PART A
1. Title
This award shall be known as the Teachers (Catholic Early
Childhood Service Centres and Pre Schools) (State) Award 2006.
2. Definitions
For the purposes of this award, except for subclause (c) of
this clause and Clause 6, Director’s and Authorised Supervisor’s Allowance,
hereof, all reference to teachers in this award shall include Director, and:
(a) "Teacher"
means any person employed as such in an ECS Centre as defined in subclause (d)
of this clause, or a Pre-School as defined in subclause (e) of this clause
holding Early Childhood qualifications as defined in subclauses (p), (q), (r)
and (s) of this clause.
(i) "Full-time
Teacher" means any teacher other than a casual, temporary, or part-time
teacher.
(ii) "Part-time
Teacher" means any teacher who is engaged to work regularly at an ECS
Centre or at a Pre-School and not more than 0.8 of the normal hours which a full-time
teacher at the Centre is required to work provided that a part-time teacher may
work up to 0.9 of the normal hours of a full-time teacher if he or she is
entitled to a preparation session equivalent to 0.1 of a teacher's normal
hours. Provided further that a
part-time teacher employed as at 31 January 1990 shall not be required by that
employer to work in excess of 0.8 of the normal hours of a full-time teacher.
(iii) "Temporary
Teacher" means a teacher employed to work full-time or part-time for a
specified period which is not more than a full ECS Centre or Pre-School year
but not less than 20 days. Provided
that a teacher may be employed for a specific period in excess of a full year
but not more than two full years where such a teacher is replacing a teacher
who is on leave for a specified period in excess of a full year.
(iv) "Casual
Teacher" means a teacher engaged as required by an employer for up to 20
working days in any one period of employment.
Provided that the period may be extended as required by the employer if
the employer has been notified that the permanent teacher will be absent beyond
the 20-day period.
(b) "Centre
Year" means the number of weeks for which a particular ECS Centre or
Pre-School is open over the course of a calendar year.
(c) "Director"
means the teacher who is responsible for the day to day operation of the Early
Childhood Services Centre as defined in subclause (d) of this clause or
Pre-School as defined in subclause (e) of this clause, holding Early Childhood qualifications
as defined in subclauses (p), (q), (r), and (s) of this clause.
(d) "Early
Childhood Services (ECS) Centre" means an establishment which provides
child care and/or educational development programmes and/or services for
children under school age and shall include early intervention services, long
day care centres and multi-purpose centres.
It shall not include a Recognised School or Pre-School. For the purposes of this clause:
(i) "Early
Intervention Services" means individual programmes for developmentally
delayed or disabled children, or children at risk of being developmentally
delayed or disabled, aged 0-6 years, aimed at providing assistance to the child
and its family in the areas of physical, emotional, social and educational
needs;
NOTATION:
Where the hours and conditions of work of a teacher
employed in an Early Intervention Service approximate those hours and
conditions of a teacher employed in a recognised Pre-School, such conditions
and hours shall apply to that teacher.
(ii) "Long Day
Care Centre" means a child care establishment, which usually provides
services over a period of approximately eight hours or more each day for
approximately 48 weeks or more during the year;
(iii) "Multi-Purpose
Centre" means a child care establishment, which usually provides the
services of a long day care centre, together with the services of a full-day
care centre and/or a sessional care centre.
(e) "Pre-School"
means a kindergarten, day school or nursery school and shall include:
(i) "A Full
Day Care Centre" which means a child care establishment which does not
operate on a sessional basis, but which usually operates during hours and
terms, which approximate those of a recognised school.
(ii) "A
Sessional Care Centre" which means a child care establishment which
operates on the basis of morning and/or afternoon sessions and which usually
operates during hours and terms, which approximate those of a recognised
school.
(f) "Unit"
means a group or class of children, which does not at any one time exceed 25
children, but which need not necessarily consist of the same children at all
times.
(g) "Shift"
shall mean a daily period of work in an ECS Centre and shall be either:
(i) "afternoon
shift" which means any shift finishing after 6.30pm and at or before
midnight; or
(ii) "night
shift" which means any shift finishing subsequent to midnight and at or
before 8.00am or any shift commencing at or after midnight and before 5.00am;
or
(iii) "early
morning shift" which shall mean any shift commencing at or after 5.00am
and before 6.30am; or
(iv) "night
shift, non-rotating" which shall mean any shift system in which night
shifts are worked which do not rotate or alternate with another shift so as to
give the teacher at least one third of his or her working time off night shift
in each roster cycle.
(h) "Infants
Department" means Kindergarten, Grades 1 and 2 in a recognised school.
(i) "Recognised
School" means a school registered under the provisions of the Education
Act.
(j) "Recognised
Teacher Training Institution" means an Australian College of Advanced
Education, Australian Teachers College or Australian Institute of Education
recognised by the Tertiary Education Commission or its successor.
(k) "Recognised
University" means an Australian University, which is recognised by the
Tertiary Education Commission or its successor.
(l) "Graduate"
means a teacher who holds a degree from a Recognised University or Recognised
Teacher Training Institution.
(m) "Category
UG2 Level" means a course of study leading to a Category UG2 Diploma Award
as described in Statement No. 1, Nomenclature and Guidelines for Awards in
Advanced Education, August 1972 (as amended), issued by the Australian Council
on Awards in Advanced Education, and recognised by the said Council for
inclusion in the National Register of Awards in Advanced Education.
(n) "Category
PG1 Level" means a course of study leading to a Category PG1 Graduate
Diploma (at the 19.1 level) as described in Statement No. 1, Nomenclature and
Guidelines for Awards in Advanced Education, August 1972 (as amended), issued
by the Australian Council on Awards in Advanced Education, and recognised by
the said Council for inclusion in the National Register of Awards in Advanced
Education.
(o) "Equivalent
Qualifications or Equivalent Course" means a qualification or course as
the case may be which the employer and the employee agree as being equivalent
to the qualification or course prescribed by the clause in question in this
award, or which the Conciliation Committee determines as being so equivalent or
accepted as equivalent by the National Office of Overseas Skills Recognition of
the Australian Department of Employment Education and Training.
(p) "Two Years
Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a two years full-time course of study in Early
Childhood Education at a Recognised Teacher Training Institution; or
(ii) A teacher who
was employed as a Two Years Trained Teacher as at 1 February 1991; or
(iii) A teacher who
has acquired other equivalent qualifications.
(iv) A teacher who is
employed in a Pre-School as defined in subclause (e) of this clause, who is not
otherwise classified as a Three Years Trained Teacher or a Four Years Trained
Teacher shall for the purposes of salary be paid as a Two Years Trained
Teacher.
(q) "Three
Years Trained Teacher" means:
(i) A teacher who
has satisfactorily completed a Three Years full-time course of study in Early
Childhood Education at a Recognised Teacher Training Institution; or
(ii) A teacher who,
in addition to satisfying the requirements for classification as a Two Years
Trained Teacher, has satisfactorily completed a course of study in Early
Childhood Education at Category UG2 level; or
(iii) A teacher who
was employed as a Three Years Trained Teacher as at 1 January 1985; or
(iv) A teacher who
has acquired other equivalent qualifications.
(r) "Four
Years Trained Teacher" means:
(i) A teacher who
is a graduate holding B.Ed (Early Childhood) (four years full-time course); or
(ii) A teacher who
is a graduate and who holds a Diploma in Early Childhood Education from a
recognised University or Recognised Teacher Training Institution; or
(iii) A teacher who
has, in addition to satisfying the requirements for classification as a Three Years
Trained Teacher, satisfactorily completed a course of study in Early Childhood
Education at Category PGl Level; or
(iv) A teacher who
was employed as a Four Years Trained Teacher as at 1 January 1985; or
(v) A teacher who
has acquired other equivalent qualifications.
(s) "All Other
Teachers" means a teacher employed in an ECS Centre as defined in
subclause (d) of this clause whose qualifications and experience in Early
Childhood Education do not qualify that teacher for classification as a Two
Years, Three Years or Four Years Trained Teacher.
(t) "Union"
means the New South Wales Independent Education Union.
(u) "Authorised
Supervisor" means a teacher who is appointed as Authorised Supervisor
under the Children and Young Persons (Care and Protection) Act 1998 or
its replacement, that is, as the person who is authorised under the Act to have
the overall supervision of the provision of the child care service to which it
relates and who is not appointed as a Director.
3. Salaries
3.1 The minimum fortnightly
salary payable to full-time teachers shall, subject to the other provisions of
this award, be calculated by dividing the rates as set out in Table 1, Rates of
Pay for Teachers Employed in an ECS Centre, of Part B, Monetary Rates and Table
2, Rates of Pay for Teachers employed in a Pre-School, of the said Part B, by
26.07.
(a) All Other
Teachers
A person who is classified as a teacher on this scale
employed in an ECS Centre shall complete three years of service on Step 1 of
the scale before progressing to Step 2 of the scale, and shall progress
according to normal years of service thereafter.
(b) Two Years
Trained Teachers Employed in an Early Childhood Service Centre
(i) A Two Years
Trained Teacher who is employed in an ECS Centre shall commence on Step 1 of
the scale and progress according to normal years of service to Step 8 of the
scale. A Two Years Trained Teacher who,
without satisfying additional academic requirements, completes three years of
service on the rate prescribed for Step 8 of the scale shall progress to Step 9
of the scale.
(ii) A Two Years
Trained Teacher who, by further study satisfactorily completes the equivalent
of one third of a degree course in Early Childhood Studies, shall be paid an
additional increment with retention of normal incremental date and shall
thereafter progress in accordance with normal years of service to Step 9 of the
scale.
(c) Two Years
Trained Teachers Employed in a Pre-School
(i) A Two Years
Trained Teacher who is employed in a Pre-School shall commence on Step 1 of the
scale and progress according to normal years of service to Step 10 of the
scale.
(ii) A Two Years
Trained Teacher who, by further study satisfactorily completes the equivalent
of one third of a degree course, shall be paid an additional increment with
retention of normal incremental date and shall thereafter progress according to
normal years of service to Step 10 of the scale.
(d) Three Years
Trained Teachers
(i) A Three Years
Trained Teacher shall commence on Step 1 of the scale and progress according to
normal years of service to Step 11 of the scale.
(e) Four Years
Trained Teachers
A Four Years Trained Teacher shall commence on Step 1
of the scale and progress according to normal years of service to Step 9 of the
scale.
3.2 Part-Time and
Temporary Teachers
(a) A part-time
teacher, including a temporary part-time teacher, shall be paid at the same
rate as a full-time teacher with the corresponding classification, but in that
proportion which the teacher's normal working hours bear to the hours which a
full- time teacher at that ECS Centre or Pre-School is normally required to
work. For the purpose of this
calculation, the normal working hours of a full-time teacher shall be not
greater than 38 hours per week (see clause 13, Hours of Work for Teachers
Employed in an ECS Centre) for a teacher employed at an ECS Centre.
(b) The days of
attendance of a part-time teacher may be varied at the commencement of each
calendar year or by mutual agreement between the employer and the employee,
with four weeks notice in an ECS Centre or four teaching term weeks notice in a
Pre-School. The normal hours for the
purpose of this subclause shall not be varied without agreement. Agreement will not be unreasonably withheld.
(c) A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification.
3.3 Casual Teachers
(a) The salary
payable to a casual teacher employed in an ECS Centre shall be a daily, half
daily, or quarter daily rate, plus 20 per cent of such rate, which shall be
calculated as follows:
(i) The appropriate
rate prescribed by Table 1 of Part B, Monetary Rates, in accordance with years
of full-time service, shall be divided by 26.07 to provide a fortnightly rate;
provided that the maximum rate shall be as follows:
All Other Teachers
|
Third Step
|
Two Years Trained
|
Fourth Step
|
Three Years Trained
|
Fourth Step
|
Four Years Trained
|
Fourth Step
|
(ii) The
fortnightly rate thus obtained shall then be divided by:
10, to obtain a daily rate of pay, or
20, to obtain a half daily rate of pay, or
40, to obtain a quarter daily rate of pay,
and the amount thus obtained shall then be increased by
20 per cent of such amount.
(iii) The amount
obtained by the operation of subparagraphs (i) and (ii) of this paragraph is
exclusive of the pro rata payment to which the teacher is entitled under the Annual
Holidays Act 1944.
(b)
(i) The salary
payable to a casual employee employed in a Pre-School shall be the appropriate
rate prescribed by Table 2 of Part B, Monetary Rates, in accordance with years
of full-time service, divided by 816 in the case of a quarter day payment, or
408 in the case of half day payment, or 204 in the case of daily payment;
provided that the maximum rate payable shall be as follows:
Two Years Trained
|
Fourth Step
|
Three Years Trained
|
Fourth Step
|
Four Years Trained
|
Fourth Step
|
(ii) The said rates
include the pro-rata payment in respect of annual holidays, to which the
teacher is entitled in accordance with the Annual Holidays Act 1944.
3.4 Travelling
Expenses
(a) Where a teacher
is required to use his or her vehicle in connection with the teacher's
employment other than for journeys between home and place of employment, the
teacher shall be paid an allowance as set out in Item 1 of Table 4, Other Rates
and Allowances, of Part B, Monetary Rates.
(b) Travelling and
other out of pocket expenses reasonably incurred by a teacher in the course of
duties required by the employer shall be reimbursed by the employer.
3.5 Calculation of
Service
(a) For the purpose
of this clause, any teacher if required by the employer to do so, shall upon
engagement establish to the satisfaction of the employer, the length of his or
her teaching service in any Pre-School, Early Childhood Services Centre (ECS),
Multi-Purpose Centre or in early childhood education services for children up
to 8 years of age, or in the Infants Department of Schools registered or
certified under the appropriate legislation in other States or Territories of
the Commonwealth of Australia, and that period so established shall be taken to
be the length of such service for the purpose of that employment.
(b) For the purpose
of this clause, a period of service other than service within paragraph (a) of
this subclause, shall be counted as service in accordance with the following
principles:
(i) A period of
service as a lecturer in early childhood education or child development, as a
child development officer, or as a Family Day Care Co-ordinator or equivalent
shall be recognised as service;
(ii) A period of
service as a carer in the child care industry, including service as a Family
Day Care carer (as recognised under State Government Regulations), a Child Care
Certificate worker or equivalent shall be recognised as service at the rate of
one increment for each complete three years so engaged to a maximum of four
increments.
(c) For the purpose
of calculating service:
(i) Any employment
as a full-time employee (including employment as a temporary full-time
employee) as referred to in paragraphs (a) and (b) of this subclause shall be
counted as service.
(ii) The amount of
service of a part-time teacher (including a temporary part-time teacher) shall
be calculated by reference to the ratio which the number of hours taught by the
teacher in any year bears to the normal number of hours worked by a full-time
teacher at that ECS Centre or Pre-School in the same year; provided that a
period of part-time service in terms of paragraph (b) of this subclause shall count
as service in the proportion that the part-time employment bore to full-time
employment in that occupation.
(iii) The amount of
service of a casual teacher employed in an ECS Centre shall be calculated by
reference to the ratio which the number of days (or equivalent) worked by the
teacher in any year bears to the normal number of days worked by a full-time
teacher at that ECS Centre in the same year; provided that only casual service
performed in the preceding four years shall be included in determining
incremental progression.
(iv) Casual teachers
employed in a Pre-School shall be entitled to normal incremental progression
for each total of 204 full days of service or its equivalent; provided that
only service performed in the preceding four years shall be included in
determining incremental progression.
(v) Provided also
that the salary incremental date of any teacher who has taken leave without pay
may be altered by adding the period of such leave without pay to the salary
incremental date applicable to that teacher prior to the leave without pay.
3.6 Re-Classification
The transfer to a higher salary scale of a teacher who
has completed a course of training which makes the teacher eligible to be so
transferred and the progression of such teacher through the salary steps on
that higher salary scale shall be effected as follows:
(a) A teacher
seeking such transfer shall make application in writing to the employer and
shall attach to such application documentary evidence establishing that he or
she has had or will have conferred on him or her the diploma, degree or
equivalent recognition of the completion of the course of training which makes
him or her eligible to be so transferred.
(b) Where an
application is made under paragraph (a) of this subclause, which establishes
that a teacher is eligible to be transferred to a higher salary scale, such
transfer shall take effect:
(i) From the
beginning of the first pay period to commence on or after the date of
completion of formal course requirements.
Provided that the application for transfer is received by the employer
no later than four months after the conferral of the diploma, degree or
equivalent recognition of the completion of such course of training, or no
later than the first Pre-School day of the Pre-School term following the
conferral of the diploma, degree or equivalent recognition of the completion of
such course of training; or
(ii) Where the
application for transfer is not received by the employer within the time
specified in subparagraph (i), from the beginning of the first pay period to
commence on or after the date on which the employer receives such application.
(c) A teacher who
has completed a course of training entitling the teacher to transfer to a
higher salary scale pursuant to this subclause shall, for the purpose of
advancing through the steps on the higher salary scale to which the teacher has
been so transferred, retain the teacher's normal salary incremental date.
Provided that if the transfer of the teacher to the
higher salary scale coincides with the teacher's normal salary incremental
date, the increment shall be applied prior to the teacher being transferred to
the higher salary scale.
(d) A teacher shall
be transferred to the higher salary scale on the following basis:
(i) A Two, Three or
Four Years Trained Teacher shall be transferred to the salary step on the
higher salary scale which shall be determined by the teacher's years of service
on the lower scale.
(ii) A teacher
employed in an ECS Centre classified on the All Other Teachers scale shall be
transferred to the salary step on the new salary scale, which shall be
determined as follows:
(1) A teacher
classified on the 1st or 2nd incremental step on the old scale shall be
transferred to the 1st step on the new scale.
(2) A teacher
classified on the 3rd or 4th incremental step on the old scale shall be
transferred to the 2nd step on the new scale.
(3) A teacher
classified on the 5th incremental step on the old scale shall be transferred to
the 3rd step on the new scale.
(e) The transfer to
a higher salary scale of a teacher who has acquired a qualification (other than
the completion of a course of training) which makes the teacher eligible to be
so transferred, and the progression of such teacher through the steps on that
higher salary scale shall be effected in accordance with the provisions of
paragraphs (a), (b), (c) and (d) of this subclause.
3.7 Payment of Any
Monies
(a) The salary
payable to any teacher (other than a casual teacher) pursuant to this clause,
shall be payable fortnightly or half monthly by either cash, cheque or
Electronic Funds Transfer into an account nominated by the employee.
(b) Where the pay
day for a half-monthly pay period falls on a Saturday, Sunday or public
holiday, salaries shall be paid on the day not being a Saturday, Sunday or
public holiday immediately preceding the said pay day.
3.8 Overpayments
Where excess payments are made in circumstances which
were not apparent or could not reasonably have been expected to be detected by
the teacher, the relevant parties shall seek agreement on the matter of the
overpayment including, when necessary and appropriate, discussion between the
New South Wales Independent Education Union and relevant employer
representatives.
4. Payment on Termination
and Salary Adjustment for Teachers Employed in a Pre-School
4.1 This clause will
apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
4.2 The provisions
of this clause shall apply where:
(a) a teacher's
employment ceases;
(b) a teacher
commences employment after the Pre-School service date; or
(c) where a teacher
takes approved leave without pay;
and payments shall be made to such teachers by application
of the formula prescribed by subclause 4.3 of this clause and, if relevant, by
application of the provisions of subclauses 4.5 and 4.6 of this clause in
combination.
4.3 Calculation of
Payments
(a) Payments made
pursuant to this clause shall be calculated in accordance with the following
formula:
Where:
P is the
payment due.
s is the
total salary paid in respect of term weeks, or part thereof, since the
anniversary of employment (or date of employment in circumstances where a
teacher has been employed by the Pre-School for less than one year).
b is the
number of term weeks, or part thereof, in the year.
c is the
number of non-term weeks, or part thereof, in the year.
d is the
salary paid in respect of non-term weeks, or part thereof, that have occurred
since the anniversary of employment (or date of employment in circumstances
where a teacher has been employed by the Pre-School for less than one year).
(b) For the purpose
of this clause:
(i) "Pre-school
Service Date" means the usual commencement date of employment at a
Pre-School for teachers who are to commence teaching on the first day of the
first term.
(ii) "Teacher"
means any teacher other than a casual teacher.
4.4 Termination of
Employment
A teacher shall be entitled on termination of
employment to a payment calculated in accordance with this clause.
4.5 Teachers Who
Commence Employment After the Pre-School Service Date
Where a teacher commenced employment after the
Pre-School Service Date in any Pre-School year and such employment is to
continue into the next Pre-School year:
(a) the teacher
shall be paid at the conclusion of Term IV in the first calendar year of
employment in accordance with this clause;
(b) the anniversary
of employment for the purposes of the calculation of payments under this clause
shall in each succeeding year of employment be the Pre-School Service Date;
(c) any period for
which the teacher has not been paid by the operation of this subclause 4.4 of
this clause shall be deemed to be leave without pay, and no salary or other
payment other than payment under this clause shall be made.
4.6 Teachers Who
Take Approved Leave Without Pay
Where a teacher takes leave without pay with the
approval of his or her employer for a period which (in total) exceeds twenty
pupil days in any year, he or she shall be paid salary calculated in accordance
with this clause as follows:
(a) If the leave
without pay commences and concludes in the same Pre-School year:
(i) subject to
subparagraph (ii) of this paragraph, the payment shall be calculated and made
at the conclusion of Term IV of that Pre-School year, and
(ii) if the leave
without pay commences on the day following the last teaching day of a term and
concludes on the day preceding the first teaching day of a term in the same
year, a payment shall be calculated and made:
(A) at the
commencement of the leave in respect of that year, and
(B) at the end of
Term IV in accordance with paragraph (c) of this subclause.
(b) If the leave
without pay is to conclude in a Pre-School year following the Pre-School year
in which the leave commenced:
(i) at the
commencement of the leave a payment shall be calculated and made in respect of
the Pre-School year in which the leave commences, and
(ii) at the end of Term
IV in the Pre-School year in which the leave concludes a payment shall be
calculated and made in respect of that Pre-School year.
(c) The payment to
be made to a teacher at the conclusion of Term IV of a Pre-School year:
(i) pursuant to
section (B) of subparagraph (ii) of paragraph (a) of this subclause 4.6,
(ii) or in
circumstances where, with the agreement of the employer, a teacher who has been
paid pursuant to subparagraph (i) of paragraph (b) of this subclause returns
from leave during the Pre-School year in which the leave commenced, shall be
determined by:
(A) applying the
formula in subclause 4.3 of this clause as if no payment had been made to the
teacher pursuant to section (A) of subparagraph (ii) of paragraph (a) of this
subclause or subparagraph (i) of paragraph (b) of this subclause; and
(B) deducting from
that amount the amount paid to the teacher pursuant to section (A) of
subparagraph (ii) of paragraph (a) of this subclause or subparagraph (i) of
paragraph (b) of this subclause.
(d) Notwithstanding
the provisions of paragraph (a) of subclause 4.1 of the clause, a teacher shall
not pursuant to this clause be paid an amount in respect of a year of
employment which is less than the amount to which the teacher would otherwise
be entitled under the provisions of the Annual Holidays Act 1944, in
respect of a year of employment.
5. Shift and Penalty
Loadings for Teachers Employed in ECS Centres
5.1 For the purposes
of calculating only the loadings provided for in this subclause:
(a) a weekly rate of
pay shall be obtained by dividing the teacher's annual salary, including all
applicable allowances, by 52.14;
(b) a daily rate of
pay shall be obtained by dividing the weekly rate as provided for in paragraph
(a) of this subclause, by 5.
Provided that the rate of pay for a casual teacher
shall be first calculated according to subclause 3.3 of clause 3, Salaries
5.2 In addition to
the annual rate of salary and applicable allowances provided for in this award,
a loading shall be payable to teachers required to perform shift work, which is
in accordance with the following rates:
|
|
Percentage of
weekly or daily rate of pay
|
|
|
|
(a)
|
early morning shift
|
10
|
(b)
|
afternoon shift
|
15
|
(c)
|
night shift, rotating with day or afternoon shift
|
17.5
|
(d)
|
night shift, non-rotating
|
30
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6. Director’s and
Authorised Supervisor’s Allowance
6.1 Teachers
appointed as Directors shall be paid, in addition to the amounts payable
pursuant to Clause 3 of this award, an allowance in accordance with Table 3 of
Part B, Monetary Rates for Director’s Allowance for teachers.
6.2 Any teacher
required by the employer to act as Director for at least ten consecutive
working days shall be paid for so doing at the rate prescribed for that
position.
Provided that a teacher shall not be required to carry
out such duties in an acting capacity for more than a full year except that a
teacher may be required to carry out such duties for up to two full years where
such a teacher is replacing a Director who is on leave for a specified period
in excess of a full year.
6.3 A full time
teacher who is an Authorised Supervisor as defined in clause 2, Definitions,
shall be paid an allowance as set out below and shall be advised by the
employer on appointment which allowance is to apply:
(i) Where the
licensee is involved in the operation of the service for an average of 20 hours
or more per week or an average of 80 hours or more in a four week period and a
Director is not employed, the Authorised Supervisor shall be paid, in addition
to the amounts payable pursuant to clause 3, Salaries on a fortnightly basis an
allowance by dividing the per annum rates set out in Table 5 - Authorised
Supervisor’s Allowance of Part B, Monetary Rates, by 26.07.
(ii) Where the
licensee is involved in the operation of the service for an average of less
than 20 hours per week or an average of less than 80 hours over a four week
period and a Director is not employed, the Authorised Supervisor shall be paid,
in addition to the amounts payable pursuant to clause 3, Salaries on a
fortnightly basis an allowance by dividing the per annum rates as set out in
Table 6 - Authorised ‘s Allowance of Part B, Monetary Rates, by 26.07.
(iii) Where a
Director is employed and is not the Authorised Supervisor, the Authorised Supervisor
shall be paid in addition to the amounts payable pursuant to clause 3, Salaries
on a fortnightly basis an allowance calculated by dividing the per annum rates
set out in the applicable Table 5 - Authorised Supervisor’s Allowance.
Provided that a teacher appointed as an Authorised
Supervisor who is not in receipt of the Directors Allowance, shall not be
responsible for the day-to-day operation and management of the Early Childhood
Services Centre.
6.4 Where a licensee
proposes to change his/her hours of attendance which would result in a change
in the entitlement of the allowance set out in Table 5 or 6 Authorised
Supervisor’s Allowance of Part B, Monetary Rates four weeks written notice will
be given.
6.5 A part-time
teacher who is appointed as an Authorised Supervisor, as defined in clause 2,
Definitions of this Award, shall be paid, in addition to the amounts payable
pursuant to clause 3, Salaries of this Award, an allowance in accordance with
Table 5 or 6 - Authorised Supervisor’s Allowance on a proportionate basis to
the hours they work.
6.6 Any teacher
required by the employer to act as Authorised Supervisor for at least ten
consecutive working days shall be paid for so doing at the rate prescribed for
that position.
Provided that a teacher shall not be required to carry
out such duties in an acting capacity for more than a full year except that a
teacher may be required to carry out such duties for up to two full years where
such a teacher is replacing a Authorised Supervisor who is on leave for a
specified period in excess of a full year.
It is not intended that Directors shall be displaced by
the appointment of an Authorised Supervisor as a result of the operation of
this clause.
7. Annual Leave for
Teachers Employed in an ECS Centre
7.1 An employee, on
completion of twelve months' continuous service, shall be entitled to a minimum
of four weeks leave of absence on full pay.
7.2 See Annual
Holidays Act 1944.
8. Annual Holiday
Loading for Teachers Employed in ECS Centres
8.1 Subject to subclause
8.6 of this clause, where a teacher other than a casual teacher, is given and
takes his or her annual holiday each year he or she shall be paid an annual
holiday loading calculated in accordance with this clause.
8.2 The loading
shall be payable in addition to the pay payable to the teacher for the period
of the annual holiday.
8.3 The loading
shall be calculated in relation to such period of a teacher's annual holiday as
is equal to the period of annual holiday to which the teacher is entitled for
the time being under the Annual Holidays Act 1944 at the end of each
year of the teacher's employment.
8.4 The loading
shall be the amount payable for the period specified in subclause 8.3 of this
clause at the rate of 17.5 per cent of the weekly equivalent of the teacher's
annual salary.
8.5 For the purpose
of this clause, "salary" shall mean the salary payable to the teacher
at the first day of the month in which the loading is payable together with,
where applicable, the allowances prescribed by subclause 6.1 of clause 6,
Director’s and Authorised Supervisor’s Allowance, but not including any other
allowances or amount otherwise payable in addition to salary.
8.6 This clause
extends to a teacher who is given and takes an annual holiday and who would
have worked as a shift worker if he or she had not been on holiday, provided
that if the amount to which the teacher would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the teacher in
lieu of the loading.
8.7 Where the
employment of a teacher is terminated and at the time of the termination the
teacher has not been given and has not taken the whole of an annual holiday to
which the teacher became entitled, the teacher shall be paid a loading
calculated in accordance with subclause 8.4 of this clause for the period not
taken.
9. Annual Holiday
Loading for Teachers Employed in a Pre-School
9.1 Subject to
subclause 9.6 of this clause, where a teacher other than a casual teacher, is
given and takes his or her annual holiday commencing at the beginning of the
Pre-School summer vacation each year he or she shall be paid an annual holiday
loading calculated in accordance with this clause.
9.2 The loading
shall be payable in addition to the pay payable to the teacher for the period
of the Pre-School vacation.
9.3 The loading
shall be calculated:
(a) in relation to
such period of a teacher's annual holiday as is equal to the period of annual
holiday to which the teacher is entitled for the time being under the Annual
Holidays Act 1944 at the end of each year of the teacher's employment; or
where relevant
(b) the period of
annual leave calculated under subclause 9.6 of this clause.
9.4 The loading
shall be the amount payable for the period specified in subclause 9.3 or 9.6 of
this clause at the rate of 17.5 per cent of the weekly equivalent of the
teacher's annual salary.
9.5 For the purpose
of this clause, "salary" shall mean the salary payable to the teacher
at first day of December of the year in which the loading is payable together
with, where applicable, the allowances prescribed by subclause 6.1 of clause 6,
Director’s and Authorised Supervisor’s Allowance, but not including any other
allowances or amount otherwise payable in addition to salary.
Provided that:
Where subclause 9.6 of this clause applies,
"salary" shall mean the salary (together with allowances payable as
aforesaid) payable immediately prior to the payment made to the teacher
pursuant to clause 4, Payment on Termination and Salary Adjustment for Teachers
Employed in a Pre-School.
9.6 Where a teacher
receives a payment pursuant to clause 4, of this award, including the case
where a teacher's employment is terminated during the Pre-School year for a
reason other than misconduct, he or she shall be entitled to be paid for that
part of such fraction of the annual holiday loading he or she would be entitled
to for the full Pre-School year as is equal to the fraction which the number of
Pre-School weeks worked by him or her in that year bears to the number of weeks
he or she would be normally required by the employer to work in a full
Pre-School year.
10. Sick Leave
10.1 Any full-time,
temporary or part-time teacher shall be entitled to be paid sick leave in
respect of any absence on account of illness or injury, subject to the
following conditions and limitations:
(a) For teachers in
their first year of employment at an ECS Centre the period of sick leave shall
not exceed fifteen (15) days; provided that a temporary teacher who has been
employed for part only of any calendar year shall be entitled to sick leave in
the ratio which the teacher’s period of employment bears to the whole of the
calendar year.
(b) For teachers in
their first year of employment at a Pre-School the period of sick leave shall
not exceed five days in any term, but any sick leave not taken in any term may
be taken during the remainder of the said year; provided that the maximum sick
leave which may be taken during the first year of service shall not exceed
fifteen days; and provided further that a temporary teacher shall be entitled
to sick leave in accordance with the provisions of this paragraph and in that
proportion of 15 days which his or her period of appointment bears to the
school year of the School at which he or she is employed.
(c) After the first
year of service with an employer the period of sick leave, subject to subclause
10.2 of this clause, shall not exceed in any year of service, twenty-two
working days on full pay followed by twenty-two working days on half pay.
(d) A teacher shall
not be entitled to sick leave for any period in respect of which such teacher
is entitled to workers compensation.
(e) A teacher shall
not be entitled to be paid sick leave unless the teacher notifies the employer
of the ECS Centre or Pre-School (or such other person deputised by the
employer) prior to the commencement of the first organised activity at the ECS
Centre or Pre-School on any day, of the nature of the illness and of the
estimated duration of the absence; provided that paid sick leave shall be available
if the teacher took all reasonable steps to notify the employer or was unable
to take such steps.
(f) Other than in
respect of the first two days absence in respect of sickness in any year a
teacher shall, upon request, provide a medical certificate addressed to the
employer. Notwithstanding the foregoing
the employer may require other evidence of sickness.
(g) Notwithstanding
the provisions of this subclause, the sick leave entitlement of a part-time
teacher shall be in that proportion which the teacher's number of hours of
attendance in a week bears to the number of hours of attendance which a
full-time teacher at the ECS Centre or Pre-School is normally required to
attend.
10.2 Sick leave shall
accumulate from year to year as follows:
(a) Untaken sick
leave entitlement in the first year of service with an employer shall not be
accumulated.
(b) Untaken sick
leave entitlement in the second year of service with an employer and thereafter
of up to twenty days on full pay and twenty days on half pay per year shall be
accumulated to a maximum of four years of service provided that an employee
shall only be entitled to the sick leave accumulated in respect of the four
years of continuous service immediately.
(c) The maximum
accumulation shall not exceed eighty days on full pay and eighty days on half
pay.
(d) Accumulated sick
leave days on full pay shall be taken prior to accumulated sick leave days on
half pay.
(e) Sick leave,
which accrues to a teacher at the commencement of a year of service pursuant to
subclause 10.1 of this clause, shall be taken prior to the taking of any sick
leave, which the teacher has accumulated in accordance with this subclause.
(f) A part-time
teacher shall accumulate sick leave entitlements pursuant to this subclause in
that proportion which the teacher's number of hours of attendance in a full ECS
Centre or Pre-School week bears to the number of hours of attendance which a
full-time teacher at the ECS Centre or Pre-School is normally required to
attend.
11. Catholic Personal/Carer’s
Leave
11.1 Use of Sick Leave
to Provide Care and Support for a Family Member
(a) A teacher other
than a casual teacher, with responsibilities in relation to a class of person
set out in subparagraph (ii) of paragraph (c) who needs the teacher’s care and
support, shall be entitled to use, in any year, in accordance with this
subclause, 10 days of current and 30 days of accrued sick leave entitlement
provided for at Clause 10 of the award, for absences to provide care and
support for such persons when they are ill, or who require care due to an
unexpected emergency. Such leave may be taken for part of a single day.
(b) The teacher
shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the teacher.
In normal circumstances, a teacher must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the teacher
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent,
spouse, grandchild, sibling,
grandparent, child, step-child, foster child, adopted child and foster
parent of the teacher or spouse.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and teacher
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and teacher’s requirements.
Where the parties are unable to reach agreement the
disputes and grievances procedure at Clause 20 should be followed.
11.2 Use of Sick Leave
for a Pressing Domestic Necessity
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act 1977.
(b) A teacher, other
than a casual teacher, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the teacher’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 11.1(c)(ii).
(c) Where a teacher,
other than a casual teacher, is not entitled to utilise sick leave credits
pursuant to paragraph 11.1(a) he or she may access 10 days current and 30 days
accrued sick leave for any pressing domestic necessity where the teacher is
responsible for the care or support of a person not referred to in subparagraph
11.1(c)(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 11.2(b)
is non-cumulative.
(e) If required, a
teacher shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
11.3 Notification of
Intention to Take Leave
In relation to sub-clauses 11.1 and 11.2, wherever
practicable, a teacher shall give the employer notice prior to the absence of
the intention to take leave. The
teacher shall also provide the name of the person requiring care, that person’s
relationship to the teacher, the nature of any pressing domestic necessity, the
reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to
give prior notice of absence, the teacher shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
11.4 Unpaid Leave for
Family Purpose
A teacher may elect, with the consent of the employer
to take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 11.1(c)(ii) or paragraph 11.2(c) who is ill or who
requires care due to an unexpected emergency.
11.5 Entitlement for
Casual Teachers
(a) Subject to the
requirements in paragraph 11.1(b) and subclause 11.3, casual teachers are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subparagraph 11.1 (c) (ii) or paragraph 11.2(c)
of this clause who is sick and requires care and support, or who requires care
due to an unexpected emergency, or the birth of a child.
(b) The employer and
the teacher shall agree on the period for which the teacher will be entitled to
not be available to attend work. In the absence of agreement, the teacher is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual teacher is not entitled to any payment for the period
of non-attendance.
(c) An employer must
not fail to re-engage a casual teacher because the teacher accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual teacher are otherwise not affected.
12. Other Leave
12.1 Maternity Leave
(a) A teacher who
applies for maternity leave under Division 1 of Part 4 of Chapter 2 of the
Industrial Relations Act 1996, is granted maternity leave for a period of six
weeks or longer by the employer and commences maternity leave on or after 1
July 2005, shall be entitled to maternity leave in accordance with this
sub-clause.
(b) The maternity
leave shall be paid for six weeks at the rate of salary the teacher would have
received, if the teacher had not taken maternity leave. (If the period of maternity leave granted to
the teacher is for less than six weeks then the period of paid maternity leave
shall be for such lesser period).
(c) The teacher may
elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance. In
addition, if the teacher requests and the employer agrees, the final three
weeks of the leave may be paid at half pay for a period of six weeks.
(d) Where a teacher
applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the teacher shall give the employer at least one month’s notice of
intention.
(e) If a teacher has
commenced paid maternity leave and subsequently the teacher’s pregnancy results
in a miscarriage or a still birth, the teacher shall be entitled to retain payment
in accordance with this clause equivalent to salary for the period of maternity
leave taken by the teacher.
(f) The parties
agree to review the effect of this clause in the event of any legislation by
either the Federal or State Government which provides a maternity allowance or
similar payment, however named, or in the event that the operation of this
clause is found to be discriminatory by an anti-discrimination tribunal.
(g) A teacher on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(h) Except as varied
by this provision, Division 1 Part 4 of Chapter 2 of the Industrial
Relations Act 1996 shall continue to apply to both the employer and the
teacher who has taken maternity leave in accordance with this sub clause.
12.1.1 Casual Teachers
An employer must not fail to re-engage a regular casual
teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(a) the teacher or
teacher's spouse is pregnant; or
(b) the teacher is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual teachers are not affected, other than in accordance
with this clause.
12.1.2 Right to Request
(a) A teacher
entitled to parental leave may request the employer to allow the teacher:
(i) to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the teacher in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the teacher’s circumstances and,
provided the request is genuinely based on the teacher’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Teacher’s
request and the employer’s decision to be in writing
The teacher’s request and the employer’s decision made
under subparagraphs (a) (ii) and (iii) of this subclause must be recorded in
writing.
(d) Request to
return to work part-time
Where a teacher wishes to make a request under
subparagraph (a) (iii), such a request must be made as soon as possible before
the date upon which the teacher is due to return to work from parental leave.
12.1.3 Communication
during parental leave
(a) Where a teacher
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the teacher held
before commencing parental leave; and
(ii) provide an
opportunity for the teacher to discuss any significant effect the change will
have on the status or responsibility level of the position the teacher held
before commencing parental leave.
(b) The teacher
shall take reasonable steps to inform the employer about any significant matter
that will affect the teacher’s decision regarding the duration of parental
leave to be taken, whether the teacher intends to return to work and whether
the teacher intends to request to return to work on a part-time basis.
(c) The teacher
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
12.2 Paternity Leave
A teacher shall be entitled to one day's leave with pay
on the date of his wife's confinement or on the day on which his wife leaves
hospital following her confinement.
12.3 Adoption Leave
A teacher shall be entitled to one day's leave with pay
for the purpose of adopting any child.
12.4 Bereavement Leave
(a) A teacher shall
on the death within Australia of a spouse, father, mother, father-in-law,
mother-in-law, grandparent, brother, sister, child, stepchild or grandchild of
the teacher be entitled to paid leave up to and including the day of the
funeral of such relative. Such leave
shall not exceed three days.
A teacher may be required to provide his or her
employer with satisfactory evidence of such death.
(b) Bereavement
Leave shall be available to the teacher in respect to the death of a person in
relation to whom the teacher could have utilised Personal/Carer’s Leave or
equivalent in Clause 11, provided that for the purpose of Bereavement Leave,
the teacher need not have been responsible for the care of the person
concerned.
(c) A teacher shall
not be entitled to Bereavement Leave under this clause during any period in
respect of which the teacher has been granted other leave.
(d) Bereavement
Leave may be taken in conjunction with other leave available under Clause
11. Where such other available leave
is to be taken in conjunction with Bereavement Leave, consideration will be
given to the circumstances of the teacher and the reasonable operational
requirements of the employer.
(e) Casual teachers
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a person prescribed in relation to whom the teacher could
have utilised Catholic Personal/ Carer’s Leave in 11.5, provided that for the
purpose of this bereavement entitlement, the casual teacher need not have been
responsible for the care of the person concerned. A casual teacher must notify the employer as soon as practicable
of the intention to take this entitlement and may be required to provide the
employer with satisfactory evidence of such death.
(f) The employer
and the teacher shall agree on the period for which the teacher will be
entitled to not be available to attend work. In the absence of agreement, the
teacher is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual teacher is not entitled to any payment for
the period of non-attendance.
An employer must not fail to re-engage a casual teacher
because the teacher accessed the entitlements provided for in this clause. The
rights of an employer to engage or not engage a casual teacher are otherwise
not affected.
12.5 Examination Study
Leave
A teacher, who for the purposes of furthering his or
her teacher training, enrols in any course at a recognised University,
recognised College of Advanced Education or recognised Teacher Training
Institution shall be granted leave:
(a) with pay on the
day of any examination required in the course,
(b) without pay for
the purpose of attending any compulsory residential school which is a part of
such course.
12.6 Long Service
Leave
(a) Except in so far
as expressly varied by the provisions of this clause, the provisions of the Long
Service Leave Act 1955, shall apply to teachers employed under this award.
(b) In the case of a
teacher who has completed with an employer five years service but less than ten
years with an employer and whose services are terminated or cease for any
reason, the teacher will be entitled to a proportionate amount on the basis of
8.6 weeks for ten years service (such service to include service with the
employer as an adult and otherwise than as an adult).
13. Hours of Work for
Teachers Employed in an ECS Centre
13.1 The ordinary
working hours, inclusive of crib breaks, shall be an average of thirty-eight
per week.
13.2 The ordinary
hours of work for all teachers may be worked between the hours of 6.30am and
6.30pm, on any five days Monday to Saturday and subject to clause 8.6 shall not
exceed 8 hours duration.
13.3 The method of
implementation of the 38-hour week shall be by way of:
(a) a 19-day month;
(b) accumulation;
(c) by teachers
working more than eight ordinary hours one or more days during the work cycle.
13.4 Method of
Implementation of the 19-day month
(a) By agreement
between the teacher and the employer, the teacher may fix one work day off in
each four-week cycle as a rostered day off to the extent to which they are
accrued pursuant to paragraph (b).
(b) Accrual
(i) A teacher shall
accrue one (1) rostered day off for each twenty (20) days of service, one day
of which is to be included in the annual leave entitlement.
(ii) Each day of
paid leave taken including each public holiday and the annual holiday (but not
including long service leave nor periods of service in non-term time) shall be
regarded as a day worked for accrual purposes.
(iii) Notwithstanding
the provisions of subparagraph (i) of this paragraph a teacher shall be
entitled to no more than twelve (12) paid rostered days off in any twelve
months consecutive employment.
(iv) A teacher who
has not worked a complete four week cycle in order to accrue a rostered day off
shall be paid a proportionate payment for each
(c) Where P is the
fortnightly salary payable to the teacher.
A teacher shall be entitled to be paid on termination of employment for
rostered days off which have been accumulated but not taken or entitlements
pursuant to this paragraph at the rate of pay on the date of termination.
A teacher shall not be entitled to sick leave in
respect of illness whilst on a rostered day off. In the event of a rostered day off falling on public holiday, the
teacher and the employer shall agree on an alternative day off as a substitute.
(i) Rostering
(a) A teacher shall
be advised by the employer at least four weeks in advance of the day or days on
which he or she is to be rostered off duty.
(b) An individual
teacher may, with the agreement of the employer, substitute the day he or she
is rostered off duty for another day.
13.5 Part-time, Casual
and Temporary Teachers
(a) Part-time
Teachers
See clause 3.2 of clause 3, Salaries.
(b) Casual Teachers
A casual teacher shall be entitled to be paid an
additional loading of 5 per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
(c) Temporary
Teachers (Other than Part-time Teachers)
A temporary teacher, other than a part-time teacher,
shall by agreement with the employer, and according to the period of the
employment of the teacher, be entitled to either:
(i) accumulate
rostered days off in accordance with subclause 13.2 of this clause, or
(ii) be paid an
additional loading of 5 per cent pursuant to this clause in lieu of an
entitlement to rostered days off.
13.6 Establishments
Operating 41 to 47 Weeks Per Annum
Where an ECS Centre operates from 41 to 47 weeks per
annum and a teacher receives in consequence more than four weeks paid leave per
annum, then the teacher shall accrue rostered days off to a maximum of seven
days in any twelve months of consecutive employment and any days accrued in
excess of seven days in any twelve months period of employment shall be deemed
to be subsumed into the period of paid leave in excess of four weeks.
Nothing in this clause shall entitle an employee who
works less than 38 hours per week (inclusive of crib breaks) to accumulate
rostered days off pursuant to this clause, and a teacher's conditions of
employment shall not be downgraded as a consequence of this award.
14. Overtime and Time
in Lieu - ECS Centres
14.1 All hours
required by the employer to be worked outside the ordinary hours of work
prescribed by clause 13 Hours of Work including where a teacher is required to
stay back to supervise children who have not been picked up or to cover staff
absences but excluding the normal preparation and programming duties of a
teacher, shall be paid at the rate of time and one half for the first two hours
and double time thereafter. Provided
that teachers may be required to attend up to a maximum of two hours per month
and directors up four hours per month where such time involves parental
meetings, staff meetings and other duties not including the supervision of
children without any payment being due.
Part time teachers may be required to attend such meetings outside of
ordinary hours on a pro rata basis.
14.2 Provided that
part time employees who agree to work in excess of their normal hours shall be
paid at ordinary time for up to 8 (eight) hours provided that the additional
time worked during ordinary hours of operation of the ECS centre. No part time employee shall be required to
work for longer than 8 (eight) hours in any day without payment of
overtime. Any additional hours shall be
paid at overtime rates as per subclause 14.1.
14.3 Time Off in Lieu
of Notice
(a) By agreement
between the teacher and the employer, a teacher may take time off in lieu of
payment of overtime.
(b) Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour off for each hour worked.
(c) An employer
shall, if requested by a teacher, provide payment at the rate provided for in
subclause 14.1, for any overtime worked where such time has not been taken
within four weeks of accrual.
Notwithstanding anything contained elsewhere in this clause, on notice
from the employer a teacher must elect within six months of accrual, whether to
take overtime worked as an overtime payment or as time off work at the ordinary
rate of pay.
15. Miscellaneous
15.1 Crib Break
Not more than thirty minutes nor less than twenty
minutes shall be allowed to teachers each day for a midday crib break. Such crib break shall be counted as time
worked.
Provided however that a teacher may, by agreement with
the employer, leave the premises during the crib break. Where such reasonable request has been made
by the teacher, the employer shall give favourable consideration to any such
request. Such time away from the
premises shall not count as time worked.
See Children and Young Persons (Care and Protection)
Act 1998 and the Children’s Services Regulation 2004 or their replacement for
provisions relating to supervision of children.
15.2 Professional
Development, Training and Planning
(a) Teachers are
responsible for ensuring that they are aware of new developments in early
childhood education. However, the
parties recognise that continuing professional development of teachers is a
joint responsibility of both the employer and the teacher.
(b) The employer may
request a teacher to attend any courses in non-term time or weekends. Such attendance shall be at the option of
the teacher.
(c) Should there be
any form of disagreement between the parties the matter shall be dealt with in
accordance with clause 20, Disputes and Grievance Procedures.
15.3 First Aid
Certificate
(a) Teachers shall
be required to obtain and maintain an approved first aid certificate.
(b) Teachers
employed in an ECS Centre shall be granted paid leave to attend a first aid
course or when a first aid course is in the teacher’s own time, teachers will
receive time in lieu at ordinary rate for course attendance time.
(c) Teachers
employed in Pre-Schools will attend such first aid course on the teacher’s own
time.
15.4 Pre-Schools to be
Ready for Operation
Teachers are responsible for ensuring that the
pre-school is ready for operation on the first day of Term I in any year.
16. Anti
Discrimination
16.1 It is the
intention of the parties bound by this award to seek to achieve the objective
of 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.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award that parties have obligations to take all reasonable
steps to ensure that the operations of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award, which, by its
terms or operation, has a direct or indirect discriminatory effect.
16.3 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.
16.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for anti discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination on any State or federal
jurisdiction.
16.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of that religion".
17. Union
Representatives
17.1 The employer
shall permit the union representative in the ECS Centre or Pre-School to post
union notices relating to the holding of meetings on a staff room notice board.
17.2 The union
representative shall be permitted in working hours to interview the employer on
union business. Such interview shall
take place at a time and place convenient to both parties.
17.3 Meetings of union
members who are employed at the ECS Centre or Pre-School may be held on the
premises at times and places reasonably convenient to both union members and
the employer.
18. Terms of
Engagement and Information to be Provided to Teachers
18.1 The employer
shall provide all full-time and part-time teachers with a letter of appointment
on engagement stating the classification and rate of salary on appointment, the
hours of operation of the ECS Centre or Pre-School, the employee’s entitlements
to personal leave, annual leave and long service leave, the procedure as to
alteration of days of attendance and notice on termination.
18.2 The employment of
any teacher employed in a Pre-School (other than a temporary or casual teacher)
shall not be terminated without at least four Pre-School term weeks notice on
either side or the payment of or forfeiture of four weeks salary in lieu of
notice. Provided that such four weeks
notice shall expire within the Pre-School term during which it is given, and
shall expire either:
(a) at the end of
the said Pre-School term; or
(b) at least two
weeks before the end of the said Pre-School term.
18.3 The employment of
any teacher employed in an ECS Centre (other than a temporary or casual
teacher) shall not be terminated without at least four weeks notice on either
side or the payment of or forfeiture of four weeks salary in lieu of notice.
18.4 The employment of
a temporary teacher employed for a period in excess of four weeks shall not be
terminated except in accordance with the provisions of subclause 18.2 or 18.3
of this clause. In the case of a
temporary teacher employed for a period less than four weeks, employment shall
not be terminated without at least one week's notice on either side or the
payment or forfeiture of one week's salary in lieu of notice.
18.5 The foregoing
shall not affect the right of the employer to dismiss summarily any teacher for
incompetence, misrepresentation, neglect of duty or other misconduct.
18.6 The employer may,
if the employer deems it appropriate, provide a teacher of children with
special needs with a letter of appointment which outlines the teacher's
teaching load, days of attendance, and place of employment which may be varied
throughout the period of engagement.
Such variations would occur from time to time and with not less than
four weeks notice or otherwise by agreement.
18.7 Upon the
termination of service of a teacher other than a casual teacher the employer
shall provide a statement of service setting out the length of service, the age
of children taught, the positions held and any special and/or additional duties
performed by such teacher.
18.8 Upon request, a
casual teacher shall be supplied with a statement setting out the number of
days of duty undertaken by the casual teacher during the period of his or her
engagement provided that such request is made during or on termination of the
casual engagement.
18.9 Where an employer
proposes either:
(a) to make
alterations to the type of services provided by the ECS Centre or Pre-School in
which a teacher is employed, or
(b) to transfer a
teacher from the ECS Centre or Pre-School in which the teacher is employed,
which shall have the consequence that the provisions of
this award will no longer apply to the teacher, the employer shall as soon as
practicable in any case after a firm decision has been made, give the teacher
notice of the change, and shall if the teacher so requests hold discussions:
(i) with the
teacher, or
(ii) with a
representative of the teacher,
as soon as practicable after making the decision and in
any event not less than four weeks prior to the implementation of the decision.
18.10 The parties
recognise that job share involves the following principles:
(a) Job share for
teachers shall mean dividing the one job so that job share reachers have equal
responsibility or share responsibility.
(b) The division of
work has to be negotiated and mutually suitable to all parties.
(c) Job share
teachers are treated as part-time teachers and receive pro-rata entitlements.
(d) If a job share
teacher is ill, or on annual leave or a rostered day off, then the other
teacher may be offered the day(s) or work by the employer. This work, if accepted, is to be paid at
ordinary rates in accordance with clause 3, Salaries of this award.
(e) If a job share
teacher leaves the employment, the remaining teacher may be offered the residue
of employment.
If the employer does not wish to offer the residue of
employment or part thereof to the teacher, and the parties wish to continue the
job share arrangement the employer may consult with the teacher about the
implementation of a new arrangement, including the selection of a new teacher
to fill the balance of the position. If
the employer or the teacher does not propose to continue the job share
arrangement the remaining teacher may be employed on a part time basis.
(f) Adequate
opportunities for consultation between job share teachers will be provided by
the employer.
(g) The employer may
determine the number of job share positions in any centre.
19. Redundancy
See Part C of this award.
20. Disputes and
Grievance Procedures
20.1 Procedures
relating to grievances of individual employees
(a) The employee
shall notify the employer (in writing or otherwise) as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing the proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
20.2 Procedures for a
dispute between an employer and the employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer may
be represented by an industrial organisation of employers or other
representative and the employees may be represented by an industrial
organisation of employees for the purposes of each procedure.
21. Savings Clause
21.1 No teacher shall
suffer a reduction in the salary enjoyed by that teacher as a result of the
implementation of this award.
21.2 A teacher's
conditions of employment, other than those provided in this award shall not be
altered as a consequence of the introduction of this award.
22. Superannuation
22.1 Definitions
For the purpose of this clause:
(a) "Basic
earnings" shall mean:
(i) the rate of
salary prescribed from time to time by this award,
(ii) the amount of
any allowance prescribed from time to time including the allowance payable to a
Director or Authorised Supervisor and any shift loading, which may be payable
pursuant to this award.
(b) "Employee"
means a teacher or Director or Authorised Supervisor, and includes casual,
part-time, or temporary employee.
(c) "HESTA"
means the Health Employees Superannuation Trust Australia, established by Trust
Deed Articles on 30 July 1987.
(d) "ASSET"
means the Australian Superannuation Savings Employment Trust constituted by
deed made 14 October 1987.
(e) "NCSF"
means the National Catholic Superannuation Fund.
(f) "NGS"
means the Non-Government Schools Superannuation Fund Pty Ltd.
22.2 Fund
(a) For the purposes
of this clause contributions made by employers in accordance with the
provisions of subclause 22.3 of this clause, shall be as follows:
(i) the employer
shall offer each employee a choice between HESTA, ASSET, NCSF or NGS;
(ii) the employee
shall nominate the fund into which contributions shall be made.
(b) Each employer
shall become a participating employer in HESTA, ASSET, NCSF and/or NGS in
accordance with the choice of employees of the employer.
(c) Each employer
shall become party to HESTA, ASSET, NCSF or NGS upon the acceptance of the
respective Trustee of a Deed of Adoption, duly signed and executed by each
employer and the respective Trustee.
(d) An employee
shall become eligible to join HESTA, ASSET, NCSF or NGS from the beginning of
the first pay period commencing on or after the employee's date of engagement.
22.3 Benefits
(a) Except as
provided in paragraphs (c) and (d) of this subclause, each employer shall, in
respect of each employee employed by it, pay contributions to the respective
Trustee at the rate of three per cent of the employee's basic earnings.
(b) Contributions
shall be paid at intervals and in accordance with the procedures and subject to
the requirements of the respective Fund.
(c) An employer shall
not be required to make contributions pursuant to this clause in respect of an
employee in respect of a period when that employee is absent from his or her
employment without pay.
(d) Part-time and
Casual Employees
An employer shall pay contributions pursuant to this
clause in respect of a part-time employee employed by them if the basic
earnings of the employee exceed $200 for that calendar month.
An employer shall pay contributions pursuant to this
clause in respect of a casual employee employed by them for any calendar month
in which the basic earnings of the employee exceed $200 for that calendar
month.
(e) Where a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this clause and of the action to
be taken by the employee to obtain the benefit of those entitlements.
(f) Notwithstanding
the date upon which an employee signs an application form, contributions in
accordance with paragraph (a) of this subclause shall be made from the date
when the employee became eligible for membership.
22.4 Records
The employer shall retain all records relating to the
calculation of payments due to the Fund(s) in respect of each employee and such
records shall be retained for a period of six years.
22.5 Exemptions
Employers of employees who are eligible to become
contributors to the following superannuation funds or any scheme/s replacing
such funds shall be exempt from the provisions of this clause:
State Superannuation Fund
State Public Service Superannuation Scheme
Public Authorities Superannuation Scheme
23. Enterprise
Consultation
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
24. Labour
Flexibility
24.1 An employer 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 classification
structure of this award provided that such duties are not designed to promote
deskilling.
24.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
24.3 Any direction
issued by an employer pursuant to subclauses 24.1 and 24.2 of this clause shall
be consistent with the employer's responsibilities to provide a safe and
healthy working environment.
25. Area, Incidence
and Duration
25.1 This award shall
apply to teachers employed in licensed child care centres under the Children
and Young Persons (Care and Protection) Act 1998:
(i) attached to or
operated by a Catholic non-government school, but excluding the following
Catholic schools:
St Vincent’s College
Rosebank College
Stella Maris College
Kincoppal, Rose Bay
(ii) operated by a
Catholic diocese, Catholic religious order or Catholic Parish; or
(iii) operated by
the following organisations:
(a) Society of St
Vincent de Paul;
(b) AMIGOSS
Co-operative Ltd;
(c) Camperdown Child
Care Centre Ltd;
(d) Wunanbiri
Pre-School Inc.
25.2 It shall not
apply to teachers employed under the Teachers (Non-Government Early Childhood
Service Centres Other Than Pre-Schools) (State) Award 2006 published 19 May
2006 (359 I.G. 307) or the Teachers (Non-Government Pre-Schools) (State) Award
2006 published 19 May 2006 (359 I.G. 275), or their replacement.
NOTATION:
In the event that the Catholic Hierarchy, Province of
Sydney, makes an application to vary this clause, such application shall be
formally served on the Employers’ Federation of New South Wales at the same
time as other interested parties are served with the application.]
25.3 This award is made
following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Teachers (Catholic Early Childhood Service
Centres and Pre-Schools) (State) Award 2006 published 30 August 2002 (335 I.G.
1352) and all variations thereof.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 1 October 2008.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
For Teachers
Employed in an Early Childhood Service Centre
The following minimum rates shall apply from the first full
pay period on or after date specified.
Classification/
|
1 January 2007
|
1 January 2008
|
Incremental Salary
Step
|
3%
|
4.5%
|
|
Per annum
|
Per annum
|
|
$
|
$
|
All Other Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
32,106
|
33,551
|
Step 2
|
32,879
|
34,359
|
Step 3
|
33,747
|
35,266
|
Step 4
|
34,960
|
36,533
|
Step 5
|
36,437
|
38,077
|
Two Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
35,010
|
36,585
|
Step 2
|
38,787
|
40,532
|
Step 3
|
40,761
|
42,595
|
Step 4
|
42,889
|
44,819
|
Step 5
|
44,861
|
46,880
|
Step 6
|
46,903
|
49,014
|
Step 7
|
49,169
|
51,382
|
Step 8
|
50,409
|
52,677
|
Step 9
|
51,631
|
53,954
|
Three Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
40,339
|
42,154
|
Step 2
|
42,391
|
44,299
|
Step 3
|
44,609
|
46,616
|
Step 4
|
46,654
|
48,753
|
Step 5
|
48,778
|
50,973
|
Step 6
|
51,134
|
53,435
|
Step 7
|
52,423
|
54,782
|
Step 8
|
53,698
|
56,114
|
Step 9
|
55,835
|
58,348
|
Step 10
|
58,070
|
60,683
|
Step 11
|
59,635
|
62,319
|
Table 1 - Rates of
Pay
For Teachers
Employed in an Early Childhood Service Centre Cont.
|
1 January 2007
|
1 January 2008
|
Classification/
|
3%
|
4.5%
|
Incremental Salary
Step
|
Per Annum
|
Per Annum
|
|
$
|
$
|
Four Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
42,892
|
44,822
|
Step 2
|
45,551
|
47,601
|
Step 3
|
48,112
|
50,277
|
Step 4
|
50,951
|
53,244
|
Step 5
|
53,594
|
56,006
|
Step 6
|
55,835
|
58,348
|
Step 7
|
58,070
|
60,683
|
Step 8
|
60,586
|
63,312
|
Step 9
|
63,010
|
65,845
|
Table 2 - Rates of
Pay
For Teachers
Employed in a Pre-School
The following minimum rates shall apply from the first full
pay period on or after date specified.
|
1 January 2007
|
1 January 2008
|
Classification/
|
3%
|
4.5%
|
Incremental Salary Step
|
Per annum
|
Per annum
|
|
$
|
$
|
Two Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
33,663
|
35,178
|
Step 2
|
37,294
|
38,972
|
Step 3
|
39,192
|
40,956
|
Step 4
|
41,241
|
43,097
|
Step 5
|
43,135
|
45,076
|
Step 6
|
45,101
|
47,131
|
Step 7
|
47,277
|
49,404
|
Step 8
|
48,468
|
50,649
|
Step 9
|
49,645
|
51,879
|
Step 10
|
50,988
|
53,282
|
Table 2 - Rates of
Pay
For Teachers
Employed in a Pre-School Cont.
|
1 January 2007
|
1 January 2008
|
Classification/
|
3%
|
4.5%
|
Incremental Salary
Step
|
Per Annum
|
Per Annum
|
|
$
|
$
|
|
|
|
Three Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
38,788
|
40,533
|
Step 2
|
40,761
|
42,595
|
Step 3
|
42,892
|
44,822
|
Step 4
|
44,861
|
46,880
|
Step 5
|
46,901
|
49,012
|
Step 6
|
49,169
|
51,382
|
Step 7
|
50,409
|
52,677
|
Step 8
|
51,632
|
53,955
|
Step 9
|
53,692
|
56,108
|
Sep 10
|
55,834
|
58,347
|
Step 11
|
57,344
|
59,924
|
|
|
|
Four Years Trained Teachers
|
|
|
Incremental Salary Step
|
|
|
Step 1
|
41,241
|
43,097
|
Step 2
|
43,795
|
45,766
|
Step 3
|
46,261
|
48,343
|
Step 4
|
48,994
|
51,199
|
Step 5
|
51,534
|
53,853
|
Step 6
|
53,692
|
56,108
|
Step 7
|
55,834
|
58,347
|
Step 8
|
58,256
|
60,878
|
Step 9
|
60,586
|
63,312
|
Table 3 -
Director’s Allowances
The following minimum rates shall apply from the first full
pay period on or after date specified.
|
1 January 2007
|
1 January 2008
|
Units
|
3.5%
|
4%
|
1
|
4,619
|
4,804
|
2
|
5,640
|
5,866
|
3
|
7,041
|
7,323
|
4
|
8,792
|
9,144
|
Table 4 - Other
Rates and Allowances
Item No
|
Clause No
|
Description
|
Amount
|
|
|
|
$
|
1
|
3.4(a)
|
Travel Allowance
|
51 cents per
kilometre
|
Table 5 -
Authorised Supervisor’s Allowance (Clause 6.3(i) & (ii))
The following minimum rates shall apply from the first full
pay period on or after date specified.
|
1 January 2007
|
1 January 2008
|
|
3.5%
|
4%
|
Units
|
Per Annum
|
Per Annum
|
|
$
|
$
|
1
|
1,450
|
1,508
|
2
|
1,770
|
1,841
|
3
|
2,214
|
2,303
|
4
|
2,767
|
2,878
|
Table 6 -
Authorised Supervisor’s Allowance (Clause 6.3(ii))
The following minimum rates shall apply from the first full
pay period on or after date specified.
|
1 January 2007
|
1 January 2008
|
|
3.5%
|
4%
|
Units
|
Per Annum
|
Per Annum
|
|
$
|
$
|
1
|
2,902
|
3,018
|
2
|
3,541
|
3,683
|
3
|
4,427
|
4,604
|
4
|
5,533
|
5,754
|
PART C
REDUNDANCY
1.1 This Part shall
apply in respect of full-time and part-time persons employed in the
classifications specified by the Award.
1.2 This Part shall
only apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
1.3 Notwithstanding
anything contained elsewhere in this award, the provisions of this part shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
1.4 This Part shall
not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
2. Employers duty
to Notify and Discuss
2.1 Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
2.2 The employer
shall discuss with the employees effected and the union to which they belong
the introduction of such changes and the likely effect on the employees and the
measures taken to avert or mitigate the adverse effects of such changes.
2.3 ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
3. Discussions
before terminations
3.1 Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause 3.1 of this
clause and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination of the employees concerned.
3.3 For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the employer.
4. Notice for
Changes in Production, Program, Organisation or Structure
4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’
in accordance with clause 2 of this Part.
4.1.1 In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
continuous service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
4.1.2 In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
4.1.3 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2 Notice for
Technological Change
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘technology’
in accordance with clause 2 of this part.
4.2.1 In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
4.2.2 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
4.3 Time off during
the notice period
4.3.1 During the period
of notice of termination given by the employer an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
4.3.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4 Employee leaving
during the notice period
If the employment of an employee is terminated (other than
for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the employee
shall not be entitled to payment in lieu of notice.
4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
4.6 Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible giving
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
4.7 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by Centrelink.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties for
reasons set out in clause 2 of this part, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee’s employment had been terminated, and the employer may at the
employer’s option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
5.0 Severance Pay
5.1 Where an
employee is to be terminated pursuant to clause 4 of this part, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
5.1.1 If an employee is
under 45 years of age, the employer shall pay in accordance with the following
scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
5.1.2 Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
5.1.3 ‘Weeks Pay’ means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
5.1.4 Where an employee
is subject to a reduction of working hours of 6 or more hours per fortnight,
the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 5.1
above will have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1 if
the employer obtains acceptable alternative employment for an employee.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.