CROWN EMPLOYEES (TEACHERS AND SCHOOLS AND RELATED EMPLOYEES) SALARIES AND CONDITIONS AWARD 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education.

 

(Case No. IRC 2017/24069)

 

 

AWARD

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Dictionary

3.         Salaries

4.         Deduction of Union Membership Fees

5.         Allowances

6.         Salary Progression and Maintenance

7.         Performance and Development Processes for Teachers

8.         Salary Packaging

9.         Initial Appointments

10.       Teaching in More Than One Location

11.       Deferred Salary Scheme

12.       Compensation for Travel on Department Business

13.       Assessment and Reporting and Quality of Educational Outcomes

14.       Teacher Efficiency Process

15.       Teaching Hours for Years 11 and 12

16.       Allocation of Duties in High Schools

17.       Teaching Outside Normal School Hours

18.       Alternative Work Organisation

19.       Teachers Appointed to More than One School

20.       Qualifications, Recruitment and Training

21.       Calculation of Service

22.       Temporary Teachers

23.       Casual Teachers

24.       Relief in TP1 or AP1 position or Principal - Environmental Education Centre or Hospital School Grade

25.       Training and Development

26.       Multi-skilling

27.       Duties as Directed

28.       Other Part Time Rates of Pay

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

30.       Teachers in Residential Agricultural High Schools -Special Conditions

31.       Dispute Resolution Procedures

32.       No Further Claims

33.       Anti-discrimination

34.       Work Health & Safety

35.       Saturday School of Community Languages

36.       Educational Paraprofessionals

37        Australian Professional Standards for Teachers

38.       Area, Incidence and Duration

 

SCHEDULES

 

Schedule 1A - Teacher Salaries - Standards Based Remuneration -  2017 to 2019

Schedule 1B - Salaries - Common Incremental Salary Scale 2017 to 2019

Schedule 2A - Salaries - Principals - New Classification Structure 2017 to 2019

Schedule 2B - Salaries - Principals - Former Principal Classification Structure - 2017 to 2019

Schedule 3 - Salaries - Other Promotion Classifications in the Teaching Service

Schedule 4 - Rates of Pay - Casual Teachers - 2017 to 2019

Schedule 5 - Other Rates of Pay - 2017 to 2019

Schedule 6 - Rates of Pay - Educational Paraprofessionals

Schedule 7 - Allowances

Schedule 8 - Locality Allowances

Schedule 9 - Excess Travel and Compensation for Travel on Official Business

Schedule 10 - Special Conditions Covering Home School Liaison Officers and Aboriginal Student Liaison Officers

Schedule 11 - Special Conditions Covering Teachers at Residential Agricultural High Schools

Schedule 12 - Saturday School of Community Languages

Schedule 13 - Australian Professional Standards for Teachers

 

2.  Dictionary

 

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

 

2.2       "Accredited" means a teacher who has demonstrated the Professional Teaching Standards at the level of Proficient, Highly Accomplished or Lead and has been accredited as such by a Teacher Accreditation Authority. 

 

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

 

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

 

2.5       "Associate Principal" means a teacher appointed as such to be responsible for the management, organisation, administration, supervision and efficiency of a school, other than P1-P5, where the school has been linked to a larger school in reasonable proximity and the administrative workload of the Associate Principal has been reduced. 

 

2.6       "Australian Professional Standards for Teachers" means the seven Standards which outline what teachers should know and be able to do prescribed by the Australian Institute for Teaching and School Leadership as attached at Schedule 13.

 

2.7       "Authority" means the NSW Education Standards Authority to oversee accreditation and recognition of teachers professional capacity against the Australian Professional Standards under the Teacher Accreditation Act.

 

2.8       "Band 1 salary" means the salary which applies to teachers who have undertaken an approved initial teacher education program and met the Australian Professional Teaching Standards at the Graduate level. It is mandatory for new teachers to be provisionally or conditionally accredited at Graduate teacher level to be approved for teaching in NSW.

 

2.9       "Band 2 salary" means the salaries which apply to teachers who are accredited at the level of Proficient. A Band 2 teacher has demonstrated the Australian Professional Teaching Standards at the Proficient level and has been accredited as such by a Teacher Accreditation Authority.

 

2.10     "Band 3 salary" means the salary which applies to teachers who are accredited at the level of Highly Accomplished. A Band 3 teacher has demonstrated the Australian Professional Teaching Standards at the Highly Accomplished level and has been accredited as such by a Teacher Accreditation Authority.

 

2.11     "Branch Secretary" means the Branch Secretary of the Australian Education Union NSW Teachers Federation Branch.

 

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

 

2.13     "Conditionally accredited" means a teacher who has been conditionally accredited at the Graduate level who may have a degree, or is in the process of obtaining further education or subject qualifications.

 

2.14     "Core Hours" means the normal daily hours of operation of a school during which classes are conducted and in a high or central school includes a daily core timetable of eight periods, or the time equivalent.

 

2.15     "Degree" means a course of study in a higher education institution leading to a degree as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.16     "Department" means the Department of Education.

 

2.17     "Deputy Principal" means a teacher appointed as such who is the deputy to the principal in a school and who acts as substitute in the absence of the principal, and is required to assist generally in the management of the school and, as required, in the special duties of the principal.

 

2.18     "Diploma" means a course of study in a higher education institution leading to a diploma as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.19     "Distance Education Centre" means a school established to provide full time or part time programs of secondary or primary courses to students who cannot normally attend on a daily basis.  Provided that distance education centres can be either stand alone schools or centres attached and integrated into an existing school.

 

2.20     "District Guidance Officer'' means an officer appointed as such in a group of schools who is responsible to the Secretary or nominee for the guidance service within that group of schools.

 

2.21     "Education Officer" means an officer appointed as such, provided that for appointment the officer shall have an appropriate degree from a higher education institution or other qualifications and experience which the Secretary determines as satisfying requirements.

 

2.22     "Educational Paraprofessional" means a person or officer employed permanently or temporarily under the provisions of the Teaching Service Act to work under the guidance of a teacher in the classroom.

 

2.23     "Employee" means a person employed in a classification covered by this award by the Secretary or delegate under the provisions of the Teaching Service Act on a permanent or temporary basis.

 

2.24     "Environmental Education Centre" means a teaching and learning facility operated by the Department which students attend to participate in educational programs relevant to all primary and secondary key learning areas and/or to receive specific instruction in field work, and which provides support to schools in implementing environmental education.

 

2.25     "Equivalent" when referring to qualifications means those qualifications deemed by the Secretary to be equivalent to specified qualifications.

 

2.26     "Executive Principal, Connected Communities" means a person or officer employed temporarily under the provisions of the Teaching Service Act 1980 to lead the schools selected by the Department to participate in the Connected Communities strategy for the period of the operation of that strategy.

 

2.27     "Executive Director Connected Communities" means a person who is responsible for leadership and implementation of the Connected Communities strategy in the Department.

 

2.28     "Federation" means the Australian Education Union NSW Teachers Federation Branch.

 

2.29     "Five Year Trained Teacher (5YT)" means a teacher still remunerated on the common incremental salary scale who has obtained a degree and teaching qualifications from a higher education institution which together require a minimum of five years full time study.  Any period of training in excess of that normally required to complete such a course shall not be deemed to be a training period for the purposes of any other definition.

 

2.30     "Four Year Trained Teacher (4YT)" means a teacher still remunerated on the common incremental salary scale who has:

 

2.30.1 obtained a degree from a higher education institution and has, in addition, satisfactorily completed a teacher education qualification of at least one year's duration at a higher education institution; or

 

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

 

2.30.3 completed such other course(s) which the Secretary determines as satisfying requirements for classification as a teacher.2.29.

 

2.31     "Graduate" means a person who has obtained a degree from a higher education institution or possesses qualifications determined by the Secretary to be equivalent to such a degree.

 

2.32     "Graduate Diploma" means a course of study in a higher education institution leading to a graduate diploma as described in the Australian Qualifications Framework as at 1 January 1995.

 

2.33     "Head Teacher" means a teacher who is appointed as such in a high school, distance education centre or central school, and is responsible to the principal for the program of work in a designated subject or learning area and the coordination of the work of classes in that area.  The head teacher also exercises supervision over and gives advice and direction, when necessary, to other teachers in the subject or learning area in addition to their teaching duties.  Provided that head teachers may be appointed with specific designated responsibilities, including:

 

2.33.1 Head teacher (female students) advises female school students and promotes their interests in a high school or a secondary department of a central school where the enrolment of female school students in the school or department exceeds 500.

 

2.33.2 Head teacher (welfare) assists the principal and or deputy principal in the area of student welfare.  Head teacher (welfare) includes head teacher (welfare) - residential agricultural high schools.

 

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

 

2.34     "Higher Education Institution" means a university or other tertiary institution recognised by the Secretary which offers degrees, diplomas or teacher education courses.

 

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

 

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

 

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

 

2.38     "Network" means a group of principals with a Director Public Schools.

 

2.39     "Officer" means and includes all persons permanently employed in the Teaching Service under the provisions of the Teaching Service Act and who, on the date of commencement of the award, were occupying one of the positions covered by the award or who, after that date, are appointed to one of these positions.

 

2.40     "Parties" means the Department and the Federation.

 

2.41     "Performance and development process" is a process for the continuous development of a skilled and effective workforce. 

 

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

 

2.43     "Principal" means a teacher appointed as such to be responsible for the management, organisation, administration, supervision and efficiency of a school and all departments in a school.  A principal does not include a teacher in charge of a school.

 

2.44     "Provisionally accredited" means a teacher who has been provisionally accredited at the Graduate level who has successfully completed an initial teacher education program endorsed by the Board.

 

2.45     "Purpose of Funding for the Principal Classification" means the funding model consisting of a base student allocation, equity loadings and targeted (individual student) funding. The amount of funding allocated to a school determines the level of school complexity.

 

2.46     "Residential Agricultural High School" means a school classified as such by the Secretary.

 

2.47     "School" means a Department school or other centre, where instruction is provided by the Department, excluding an institute and including any place designated as part of, or as an annex to, such school.

 

2.48     "School Counsellor" means a teacher with an equivalent of four years training and a major in psychology who has responsibility for providing schools with advice and support in matters relating to student academic and personal development, welfare and discipline and provides psychological and other testing as required.

 

2.49     "Schools for Specific Purposes" (SSPs) for the purpose of the award are schools which are classified as such by the Secretary and are established under the Education Act 1990 to provide education for students with disabilities as listed in subclause 2.59.

 

2.50     "Secretary" means the Secretary, Department of Education.

 

2.51     "Senior Psychologist, Education" means an officer appointed to provide professional leadership and clinical supervision to a school counselling team and who has a leadership role as part of the networked specialist centres.

 

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

 

2.53     "Supervisor of Female Students" means a female teacher appointed as such to advise female students and to promote their interests in a high school or secondary department of a central school where the school or department does not qualify for the appointment of a head teacher (female students).

 

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

 

2.55     "Teacher Accreditation Act" means the Teacher Accreditation Act 2004.

 

2.56     "Teacher Accreditation Authority" means the person or body delegated by the Secretary of the Department of Education under the Teacher Accreditation Act to accredit in government schools.

 

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

 

2.58     "Teacher in Charge of Residential Supervision of Agricultural High Schools" means a teacher selected by the principal to be responsible for the supervision and administration of additional duties relating to school student residence in residential agricultural high schools.

 

2.59     "Teachers of Students with Disabilities" means school teachers appointed to schools for specific purposes, or support classes in primary or high schools established to provide education for students with disabilities and including appointments as itinerant support teacher, as follows:

 

2.59.1 students with: mild intellectual disabilities (IM); moderate intellectual disabilities (IO); severe intellectual disabilities (IS); behaviour disorders (BD); emotional disabilities (ED); hearing impairments (H); language disabilities (L); physical disabilities (P); severe reading (R), vision impairments (V); and

 

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

 

2.60     "Teaching Principal" means a teacher appointed as such to be responsible for the management, organisation, administration, supervision and efficiency of a school, other than P1-P5, whose duties include classroom teaching.

 

2.61     "Teaching Service Act" means the Teaching Service Act 1980.

 

2.62     "Temporary Teacher" means a person employed in one engagement full time for four weeks or more or in one engagement for one to four days per week for two terms or more.

 

2.63     "Temporary Employee" means and includes all persons employed on a temporary basis, other than on a casual or part time casual basis under the Teaching Service Act.

 

2.64     "Trained Teacher" means a  teacher who has satisfactorily completed a prescribed course of training at a higher education institution, or such other course or courses which the Secretary determines as satisfying requirements for classification as a teacher.

 

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

 

2.66     "Year 12 Relieving Period" means a relieving period required to be undertaken by a teacher when that school teacher has been relieved of their timetabled Year 12 face to face teaching duties after Year 12 students leave school to sit for the Higher School Certificate Examination in Term 4 of each year.

 

3.  Salaries

 

Teachers

 

3.1       Salaries and rates of pay for teachers, education officers, home school liaison officers, Aboriginal student liaison officers and counsellors shall be paid in accordance with this clause and Schedules 1A, 1B, 4, 5 and 12. These salaries will be increased by:

 

3.1.1    2.5% from the first pay period commencing on or after 1 January 2017;

 

3.1.2    2.5% from the first pay period commencing on or after 1 January 2018; and

 

3.1.3    2.5% from the first pay period commencing on or after 1 January 2019.

 

Principals

 

3.2       Salaries and rates of pay for principals shall be paid in accordance with this clause and Schedules 2A and 2B. These salaries will be increased by:

 

3.2.1    2.5% from the first pay period commencing on or after 1 January 2017;

 

3.2.2    2.5%% from the first pay period commencing on or after 1 January 2018; and

 

3.2.3    2.5% from the first pay period commencing on or after 1 January 2019.

 

Other Promotions Classifications in the Teaching Service

 

3.3       Salaries and rates of pay for the officers and temporary employees shall be paid in accordance with this clause and Schedule 3. These salaries will be increased by:

 

3.3.1    2.5% from the first pay period commencing on or after 1 January 2017;

 

3.3.2    2.5% from the first pay period commencing on or after 1 January 2018; and

 

3.3.3    2.5% from the first pay period commencing on or after 1 January 2019.

 

Allowances

 

3.4       Allowances under this award will be increased by:

 

3.4.1    2.5% from the first pay period commencing on or after 1 January 2017;

 

3.4.2    2.5% from the first pay period commencing on or after 1 January 2018; and

 

3.4.3    2.5% from the first pay period commencing on or after 1 January 2019.

 

Teachers - Standards Based Remuneration

 

3.5       The rates of pay for teachers on the standards based remuneration structure will be in accordance with the teacher’s level of accreditation on commencement of employment.

 

3.5.1    A teacher with accreditation at Graduate will commence on the Band 1 salary.

 

3.5.2    A teacher with accreditation at Proficient will commence on the Band 2 salary.

 

3.5.3    A teacher with accreditation at Highly Accomplished will commence on the Band 3 salary.

 

The salary bands are as follows.

 

 

3.6       Salary progression from Band 1 to Band 2 will take effect from the first full pay period after confirmation of proficient accreditation by the Teacher Accreditation Authority for teachers who have been employed for a minimum of two years full time and subject to the satisfactory performance of their duties. For those teachers who have confirmation of accreditation at Proficient but do not have two years full time service, progression from Band 1 to Band 2 will take effect from the first full pay period after the completion of two years of full time service.

 

3.7       Salary progression from Band 2.0 to 2.1 will take effect from the first full pay period after the completion of two years full time service at Band 2.0 for those teachers who continue to meet the requirements of proficient accreditation, including maintenance and subject to the satisfactory performance of their duties.

 

3.8       Salary progression from Band 2.1 to 2.2 and from 2.2 to 2.3 will take effect from the first full pay period after the completion of one year of full time service for those teachers who continue to meet the requirements of proficient accreditation, including maintenance and subject to the satisfactory performance of their duties.  Pre 1 October 2004 teachers not requiring accreditation until 2018 are deemed to be proficient for the purpose of salary progression until that time under this clause.

 

3.9       Salary progression from Band 2.3 to Band 3 will take effect from the first full pay period after confirmation of Highly Accomplished accreditation by the Teacher Accreditation Authority for teachers who have been remunerated at Band 2.3 for a minimum of one year full time and subject to satisfactory performance of their duties. For those teachers who have confirmation of accreditation at Highly Accomplished but do not have one year of full time service at Band 2.3, progression from Band 2.3 to Band 3 will take effect from the first full pay period after the completion of one year of full time service at Band 2.3

 

3.10     For the purpose of salary progression, one year of full time service is 203 days.

 

3.11     Payment of salaries under this clause is conditional upon a teacher maintaining the appropriate level of accreditation.

 

3.12     Salaries and rates of pay for teachers under standards based remuneration shall be paid in accordance with clauses 3.5 to 3.11 and Schedule 1A.

 

Teachers - Common Incremental Salary Scale

 

3.13     Standards based remuneration will not apply to School Counsellors, Education Officers, Home School Liaison Officers and Aboriginal School Liaison Officers. These classifications will continue to be remunerated on the common incremental salary scale for the life of this award.

 

3.14     Minimum salaries on commencement of employment and maximum salaries for those classifications remunerated on the common incremental salary scale in Schedule at 1B are set out in the table below:

 

 

 

3.15     Subject to clause 6, Salary Progression and Maintenance, clause 21, Calculation of Service officers and temporary employees shall progress without change to their incremental date by way of annual increments to Step 13 on the common incremental salary scale as set out in Schedule 1B.

 

3.16     Salaries and rates of pay for teachers under the common incremental salary scale shall be paid in accordance with clauses 3.13 to 3.15 and Schedule 1B.

 

Transitional provisions

 

3.17     Teachers who were employed prior to 1 January 2016 and who were eligible for progression via the transition provisions will continue to progress via those provisions as described at clause 3.18.

 

3.18     The following applies to only those teachers who were employed prior to 1 January 2016 and who were eligible for progression to standards based remuneration via the transition provisions. For the purpose of salary progression, one year of full time service is 203 days.

 

3.18.1 A teacher on step 5 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.1.1          remain on step 5 of the common incremental salary scale for one year full time;

 

3.18.1.2          remain on step 6 of the common incremental salary scale for one year full time;

 

3.18.1.3          progress to step 7 of the common incremental salary scale for one year full time;

 

3.18.1.4          progress to step 8 of the common incremental salary scale for one year full time; and

 

3.18.1.5          then be paid on the standards based remuneration pay scale at the rate of Band 2 (Proficient).

 

Further pay increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.2              A teacher on step 6 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.2.1          remain on step 6 of the common incremental salary scale for one year full time;

 

3.18.2.2          progress to step 7 of the common incremental salary scale for one year full time;

 

3.18.2.3          progress to step 8 of the common incremental salary scale for one year full time; and

 

3.18.2.4          then be paid on the standards based remuneration pay scale at the rate of Band 2 (Proficient).

 

Further pay increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.3              A teacher on step 7 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.3.1          remain on step 7 of the common incremental salary scale for one year full time;

 

3.18.3.2          progress to step 8 of the common incremental salary scale for one year full time; and

 

3.18.3.3          then be paid on the standards based remuneration pay scale at the rate of Band 2 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.4              A teacher on step 8 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.4.1          be paid at the rate of step 8 of the common incremental scale for one year full time;

 

3.18.4.2          progress to Step 9 of the common incremental salary scale for one year full time;

 

3.18.4.3          progress to Step 10 of the common incremental salary scale for one year full time; and

 

3.18.4.4          then be paid on the standards based remuneration pay scale at the rate of Band 2.1 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.5              A teacher on step 9 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.5.1          be paid at the rate of step 9 of the common incremental salary scale for one year full time;

 

3.18.5.2          progress to step 10 of the common incremental salary scale for one year full time; and

 

3.18.5.3          then be paid on the standards based remuneration pay scale at the rate of Band 2.1 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.6              A teacher on step 10 of the common incremental salary scale as at 1 January 2016 shall:

 

3.18.6.1          be paid at the rate of step 10 of the common incremental salary scale for one year full time; and

 

3.18.6.2          then be paid on the standards based remuneration pay scale at the rate of Band 2.1 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.7              A teacher on step 11 of the common incremental salary scale as at 1 January 2016 will be paid on the standards based remuneration pay scale at the rate of Band 2.1 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.8              A teacher on step 12 of the common incremental salary scale as at 1 January 2016 will be paid on the standards based remuneration pay scale at the rate of Band 2.2 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

3.18.9              A teacher on step 13 of the common incremental salary scale as at 1 January 2016 will be paid on the standards based remuneration pay scale at the rate of Band 2.3 (Proficient).

 

Further increases will be in accordance with subclause 3.5 to 3.12.

 

Principal Classification Structure

 

3.19    

 

Principals will be classified as follows and paid in accordance with Schedule 2A.

 

3.19.1              Teaching Principal (TP1) or Associate Principal

 

3.19.2              Teaching Principal (TP2) or Associate Principal

 

3.19.3              Principal 1 (P1)

 

3.19.4              Principal 2 (P2)

 

3.19.5              Principal 3 (P3)

 

3.19.6              Principal 4 (P4)

 

3.19.7              Principal 5 (P5)

 

3.20     The rate of pay for a principal will provide for a base principal salary and a complexity loading for principals in the classifications of P2, P3, P4 and P5.

 

3.21     The principal classification is derived from the school funding allocation as prescribed by the Purpose of Funding for the Principal Classification document.

 

3.22     An annual review of funding thresholds will take place linked to the release of the school funding allocation from the previous school year.

 

3.23     Base salaries and complexity loadings will be adjusted where applicable in accordance with clause 3.2.

 

3.24     In circumstances where the application of the school funding allocation to a school results in a higher principal classification, the principal will, while they remain at that school, receive the new salary effective from Day 1, Term 1 of the following year.

 

3.25     In circumstances where the application of the school funding allocation to a school results in a lower principal classification, the principal will, while they remain at that school, retain their classification, complexity loading and salary for a period of three years effective from Day 1, Term 1 of the following year.

 

At the end of the three year period, the principal’s classification, complexity loading and salary will revert to the relevant level in accordance with Schedule 2A.

 

3.26     Principals who held a substantive principal position prior to Day 1, Term 1 2016 and chose to remain on the former principal classification structure will be remunerated in accordance with the transition provision at clauses 3.27 to 3.32.

 

Transitional provisions

 

3.27     The transitional provisions will apply to substantive principals employed prior to Day 1, Term 1 2016 including those who are appointed to another school by transfer.

 

Former Principal Classification Structure

 

3.28     The position of principal in a primary school shall be classified as follows:

 

 

3.28.1              Promotions positions in schools for specific purposes shall receive the same salary as applicable to similar positions in primary schools. Provided that, in determining the principal's salary, the school student enrolment numbers shall be notionally determined by multiplying the permanent full time teaching staff by 30. Teaching staff for this purpose does not include employees, including the principal, who are not required to undertake face to face teaching duties.

 

3.28.2              The salary payable to principals of stand alone distance education centres shall be equivalent to those paid to principals of primary schools. Provided that to determine the student enrolment numbers for the purpose of determining the classification of a principal of a stand alone distance education centre, the actual number of each category of student shall be multiplied by the following factors to determine notional student numbers:

 

 

3.29     The position of principal in a central school shall be classified as follows:

 

 

3.30     The position of principal in a high school shall be classified as follows:

 

 

3.31     Where the actual enrolment used to determine the classification of a principal's position in subclause 3.28 either increases or decreases so that the principal's position would be reclassified, then the variation in the principal's classification shall not be effected until the enrolment is such that it has fallen within the new student enrolment band for a period of two consecutive years.

 

3.32     Principals will remain on the former principal classification structure for as long as they remain substantively appointed at the school and will be paid in accordance with Schedule 2B.  Salary increases will be in accordance with clause 3.2.

 

4.  Deduction of Union Membership Fees

 

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

 

4.2       The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

4.3       Subject to 4.1 and 4.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

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

 

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

 

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

 

5.  Allowances

 

5.1       Allowances shall be paid in accordance with this clause and Schedules 7 and 8. Allowances in terms of Schedule 7 shall be paid to officers and or temporary employees in the circumstances set out in subclauses 5.2 to 5.7 inclusive.

 

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

 

5.2.1    Home school liaison officers and Aboriginal student liaison officers.

 

5.2.2    Teachers in charge

 

5.2.3    Year advisers.

 

5.2.4    Teachers other than the principal appointed to teach classes of students with disabilities.

 

5.2.5    Principals of schools designated by the Secretary as schools for specific purposes.

 

5.2.6    The Principal of Stewart House.

 

5.2.7    The Assistant Principal of Stewart House.

 

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

 

5.3       In demonstration schools to:

 

5.3.1    principals -

 

Former PP1 and PP2 schools, classified as such prior to 1 January 2016, which receive the allowance under subclause 5.3.1 will continue to be paid this allowance for the duration of this award.

 

5.3.2    other promotions positions; and

 

5.3.3    trained teachers.

 

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

 

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

 

5.4.2    teachers at any other school at which demonstration lessons are given in respect of authorised demonstration lessons for:

 

each half hour lesson; or

 

each 40 minute lesson involving secondary students.

 

5.4.3    provided that payments made to teachers under paragraphs 5.4.1 and 5.4.2 of this subclause are subject to a maximum per annum payment; and for the purpose of this subclause a demonstration lesson shall mean a lesson authorised by or on behalf of a university given to student teachers, or a lesson given to another group approved by the Secretary.

 

5.5       In residential agricultural high schools to:

 

5.5.1    teachers rostered for out of normal hours student supervision;

 

5.5.2    head teacher (welfare) for residential supervision;

 

5.5.3    a teacher appointed to be in charge of residential supervision;

 

5.5.4    principals for on call and special responsibilities; and

 

5.5.5    deputy principals for on call and special responsibilities.

 

5.6       To supervisors of female students:

 

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

 

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

 

5.6.3    Where the average attendance of female students exceeds 400.

 

5.7       Education officers who have been on top of their appropriate salary scale for a period of twelve months and have demonstrated to the satisfaction of the Secretary by the work performed and results achieved, the aptitude, abilities and qualities warranting such payment shall receive an additional payment as set out in Schedule 7 and, after a further twelve months, an additional allowance of the same amount.

 

5.8       Locality and related allowances shall be paid as set out in Schedule 8.

 

5.9       To Executive Principals, Connected Communities as set out in Schedule 7 subject to the:

 

5.9.1    completion by the Executive Principal, Connected Communities of five (5) years of service in that position; and

 

5.9.2    satisfactory performance of the Executive Principal, Connected Communities in that position at the end of the five year period as determined by the Executive Director, Connected Communities; and

 

5.9.3    on completion of each subsequent five years of service in that position subject to the provisions of 5.9.2 above.

 

6.  Salary Progression and Maintenance

 

6.1       Teachers who were employed prior to 1 January 2016 and who were eligible for progression to standards based remuneration via the transition provisions  shall be entitled to progress along or be maintained on the common incremental salary scale after 203 days of service or the salary level for a promotions position after each 12 months of service subject to the officer demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth until they transition to the standards based remuneration scale.  Salary progression for teachers under standards based remuneration will occur in accordance with the provisions of subclauses 3.5 to 3.12.

 

6. 2      Temporary teachers who were employed prior to 1 January 2016 and who were eligible for progression to standards based remuneration via the transition provisions shall be entitled to progress along or be maintained on the common incremental salary scale until they transition to the standards based remuneration scale.   Salary progression for teachers under standards based remuneration will occur in accordance with the provisions of subclauses 3.5 to 3.12.  All progression for temporary teachers is subject to the provisions of subclause 22.4 of clause 22, Temporary Teachers.

 

6.3       Those officers prescribed at clause 3.13 shall be entitled to progress along or be maintained on the common incremental salary scale after each 203 days of service subject to the officer demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth for the life of this award.

 

6.4       A temporary teacher relieving in a TP1 or AP1 position or Principal - Environmental Education Centre or Hospital School or Grade 1 position under clause 24, Relief in TP1 or AP1 or Principal - Environmental Education Centre or Hospital School or Grade 1 Positions, shall be entitled to be maintained at that salary level subject to the provisions of subclause 22.4 of clause 22, Temporary Teachers.

 

7.  Performance and Development Processes for Teachers

 

7.1       The existing annual review procedures for school based and non school based teaching service staff, the executive and principal assessment and review procedures which are provided for in sub clause 7.2  below will continue in 2014.

 

7.2       To provide feedback on an officer or temporary employee’s performance each officer or temporary employee’s principal, supervisor or nominee shall ensure that the teacher’s performance is appraised by annual review. This appraisal implemented from the beginning of term four, 2000 for school teachers and in 2005 for non school based teaching service staff continues in force as follows:

 

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

 

7.2.2    For teachers in schools (including temporary teachers) this annual review shall be supported by:

 

(i)         conferences between the school teacher and the principal, or nominee;

 

(ii)        observations of educational programs;

 

(iii)       review of documentation such as lesson planning, lesson material and student work, plans, evaluations and reports, as appropriate;

 

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

 

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

 

(ii)        the particular circumstances of the school.

 

7.2.4    For non school based teaching service staff (including temporary staff) this annual review shall be supported by:

 

(i)         conferences between the non school based teaching service officer and the executive director, state office director or director, public schools (or nominee);

 

(ii)        observations of work programs;

 

(iii)       review of documentation, as appropriate.

 

7.2.5    In implementing the annual review the executive director, state office director or director, public school (or nominee) will take into account the following:

 

(i)         the level of experience of the non school based teaching service officer (so that less experienced officers are given greater attention); and

 

(ii)        the particular circumstances of the workplace.

 

7.2.6    The annual review for teachers shall be reported by way of the teacher assessment review schedule implemented under the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award published 29 May 2009 (368 I.G.73).

 

7.2.7    The annual review for non school based teaching service staff shall be reported by way of the teacher assessment and review schedule contained in the Department’s Memorandum DN/11/00040, Non School Based Education Teaching Service Officer Assessment and Review Schedule.

 

7.2.8    An Executive Assessment and Review Schedule will be established to provide for the annual assessment and review of deputy principals, assistant principals and head teachers for implementation in 2009.

 

7.3       The parties agree that during the 2014 school year they will jointly develop the policy advice, procedures, support materials and training for the new performance and development framework for principals, members of the executive and teachers.

 

7.4       The new performance and development procedures will be implemented in Semester 1, 2015.

 

8.  Salary Packaging

 

8.1       For the purposes of this clause "salary" means the salary or rates of pay prescribed by Schedules 1A, 1B, 2A, 2B, 3, 4, and 5 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

8.2       An employee may, by agreement with the employer, enter into a salary packaging arrangement including salary sacrifice to superannuation where they may convert up to 100% of their salary to other benefits.

 

8.3       Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged. Such payroll deductions may include but are not limited to, compulsory superannuation payments, HECS payments, child support payments, judgment debtor/garnishee orders, union fees, health fund premiums.

 

8.4       The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and employer, will be provided in a separate written agreement, in accordance with the Department’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

8.5       Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

8.5.1    any fringe benefits tax liability arising from a salary packaging arrangement; and

 

8.5.2    any administrative fees.

 

8.6       Where the employee makes an election to salary package the following payments made by the employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

8.6.1    Superannuation Guarantee Contributions;

 

8.6.2    any salary-related payment including but not limited to allowances and workers compensation payments; and

 

8.6.3    payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

9.  Initial Appointments

 

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

 

9.2       The initial appointment of all officers shall be for a minimum probationary period of one year. Confirmation of an officer’s permanent appointment shall depend on the officer meeting the Department’s requirements for permanent appointment current at that time.

 

10.  Teaching in More Than One Location

 

10.1     Teachers may be programmed to teach in more than one location.

 

10.1.1 Where this occurs there shall be full consultation with the affected teacher or teachers, including sufficient notice and any specific needs of the affected teacher or teachers shall be taken into account.

 

10.1.2 A teacher who is appointed to a school and is programmed to teach in more than one school shall be entitled to the travel compensation provisions at Part B of Schedule 9, Excess Travel and Compensation for Travel on Official Business. 

 

11.  Deferred Salary Scheme

 

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

 

11.2     Successful applicants may defer twenty per cent of their salary for the first four years and be paid the deferred salary in the fifth year.

 

11.3     The deferred salary scheme does not apply to temporary teachers.

 

12.  Compensation for Travel on Department Business

 

12.1     Where an employee is required and authorised to travel on Department business in the performance of their duties, compensation for travel shall be determined in accordance with the provisions of Schedule 9- Excess Travel and Compensation for Travel on Official Business.

 

13.  Assessment and Reporting and Quality of Educational Outcomes

 

13.1     The following shall be implemented:

 

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

 

13.1.2              school development policy;

 

13.1.3              the Higher School Certificate;

 

13.2     These shall be subject to the protocols agreed to in 1997 in relation to Annual School Self-Evaluation, Annual School Reporting and external test data (contained in Matter No. IRC 3925/97 as tabled in the Industrial Relations Commission).

 

13.3     The parties agree to negotiate on variations, if any, to the policies and procedures in place at the commencement of the award, relevant to annual school reports, school self-evaluation committees and school reviews.

 

14.  Teacher Efficiency Process

 

14.1     The Teacher Improvement Program procedures in place as at the date of the making of this award will continue for terms 1 and 2, 2014.

 

14.2     The parties will consult on the implementation of the new teacher improvement procedures which will commence from the start of term 3, 2014.

 

15.  Teaching Hours for Years 11 and 12

 

15.1     The purpose of this clause is to increase the delivery of Vocational Education and Training in schools and to enhance the curriculum opportunities available for post compulsory secondary students arising from the new Higher School Certificate.

 

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

 

15.3     A principal shall arrange for timetabling of classes for the year (or other period over which a school’s timetable may apply) to maximise the extent to which the curriculum preferences of Year 11 and 12 students can be satisfied to meet the purpose expressed in subclause 15.1 above.

 

15.4     In addition to the core hours a principal may timetable classes for Years 11 and 12 outside core timetable hours between 7.30am and 5.30pm Monday to Friday, where not to do so would unnecessarily restrict Year 11 and 12 student course choice, provided that:

 

15.4.1              the principal has consulted with the school community; and

 

15.4.2              has taken into account the issues of course access for Year 11 and 12 students, parental concerns and practical matters relating to the operation of classes at such times.

 

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

 

15.6     Provided that the overall hours of duty of the school teacher shall not be exceeded, a teacher timetabled in accordance with this clause and working beyond the core timetable hours shall be entitled to an equivalent period of core timetabled time off during the week for the time beyond the core time so taught.  Wherever possible, the time off should be at the beginning or end of the core hours of the school day.

 

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

 

16.  Allocation of Duties in High Schools

 

16.1     Teachers (other than teachers in training), head teachers and deputy principals in high schools may be required to teach the following periods (or their time equivalent):

 

 

16.2     A principal may require a teacher (other than a teacher in training), head teacher or deputy principal in high schools to relieve an absent colleague by working the following alternate periods as defined in clause 2.3:

 

 

16.3     Provided that such alternate periods shall be allocated:

 

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

 

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

 

16.4     Nothing in subclauses 16.1 to 16.3 shall preclude a teacher from working school generated or other alternate periods on a voluntary basis where the exigencies of the work and the welfare of the students so require.

 

16.5     Teachers may, at the discretion of the principal, be required to take "in lieu of" classes as defined in subclause 2.37.

 

16.6     In lieu of requiring a teacher to supervise sporting activity in accordance with subclause 16.1 of this clause, a principal of a school, with the agreement of the teacher or teachers concerned, may make provision for that teacher or teachers to undertake two periods of alternate face to face teaching duties during weekdays or to undertake sports supervision on weekends.

 

16.7     A principal may require all teachers with Year 12 classes to take, from the time Year 12 students leave to sit for their Higher School Certificate examinations in Term 4 of each year, up to 50 per cent of their timetable load of Year 12 classes as Year 12 relieving periods.  So far as possible, periods shall be allocated to a teacher in the same faculty as that of the absent teacher.

 

17.  Teaching Outside Normal School Hours

 

17.1     A principal, with the agreement of the teacher or teachers concerned, may make provision for timetabling of certain classes other than Years 11 and 12 classes beyond the core hours of operation of a school and for teachers to work within those extended hours.  Provided that the overall hours of duty of the teacher shall not be exceeded.

 

17.2     A teacher commencing or finishing duty before or after the required attendance for the core hours at the school, shall be entitled to an equivalent period of time off during the week.  Wherever possible, the time allocated in lieu of extended duty should be at the beginning or end of the core hours of the school day.

 

18.  Alternative Work Organisation

 

18.1     Except as provided in clause 10, Teaching in More Than One Location; clause 15, Teaching Hours for Years 11 and 12; or clause 17, Teaching Outside Normal School Hours:

 

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

 

18.3     Teaching staff in a school or other workplace may seek to vary its organisation in order to improve students' learning conditions and or to improve teachers' working conditions, provided that:

 

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

 

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

 

18.3.3 the teachers directly affected by the proposal concur;

 

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

 

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

 

18.3.6 proposed variations in work arrangements are in writing and approved by the Secretary or nominee and Federation organiser or state office director and senior officer of the Federation, prior to implementation;

 

18.3.7 if either party believes that the proposed variation in work organisation is in conflict with the provisions of the award, then the proposal shall be forwarded to the Alternative Work Organisation Committee, consisting of two senior officers of the Department and of the Federation, or nominees, to review the proposals developed;

 

18.3.8 where the Alternative Work Organisation Committee considers a proposed variation in work arrangements which complies with 18.3.1 to 18.3.6 above conflicts with the provisions of the award the parties may apply to the Industrial Relations Commission to vary the award by consent; and

 

18.3.9 the parties agree to continue to trial and review pilots on work organisation in schools to facilitate flexibility in order to respond to increasing student enrolments.

 

19.  Teachers Appointed to More Than One School

 

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

 

19.2     A teacher appointed to two or more schools shall be entitled to the travel compensation and excess travel provisions of Part A of Schedule 9, Excess Travel and Compensation for Travel on Official Business.

 

20.  Qualifications, Recruitment and Training

 

20.1     The minimum academic qualifications, vocational experience and or industrial experience and teacher training requirement for appointment as a teacher or other officer shall be determined by the Secretary.

 

20.2     The Secretary shall determine the procedures and mode of appointment for the recruitment of teachers from persons with an appropriate mix of academic qualifications, teacher training and or industry/vocational experience during or prior to the completion of appropriate academic qualifications or teacher training.

 

21.  Calculation of Service

 

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

 

21.1.1 any time period during which an employee is not eligible to progress by reason of failure to satisfy any condition attaching to salary progression under this award;

 

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

 

21.1.3 any time period necessary to give full effect to a reduction in salary imposed by the Secretary under the provisions of the Teaching Service Act 1980.

 

22.  Temporary Teachers

 

22.1     From January 2001, temporary teachers were entitled to pro rata salary and conditions of permanent teachers, other than the provisions at clause 11, Deferred Salary Scheme.

 

22.2     The Department will maintain the following practice: when a teacher has occupied a single substantive part time position for more than two years and it is expected that the position will continue, the teacher may apply for conversion to permanent part time status in that position.

 

22.3     The Department will seek to maximise the filling of vacancies in schools by the appointment of permanent teachers, including permanent part time teachers, where reasonably practical.

 

22.4     Subject to the provisions of clause 21, and the temporary teacher demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth, temporary teachers who were employed prior to 1 January 2016 and who were eligible for progression to standards based remuneration via the transition provisions shall be entitled to be maintained on the salary level for a promotions position after each 12 months of service or to progress to the next step of the common incremental salary scale until they transition to the standards based remuneration scale following the completion of 203 days of service as a temporary teacher irrespective of breaks in that service.  Salary progression for temporary teachers under standards based remuneration will occur in accordance with the provisions of subclauses 3.6 to 3.12.

 

22.5     Subject to the provisions of clause 21, and demonstrating by means of an annual review, continuing efficiency in teaching practice, satisfactory performance and professional growth, those employed temporarily in classifications prescribed at clause 3.13 shall be entitled to progress or to be maintained on the salary level for a promotions position after each 12 months of service or to progress to the next step of the common incremental scale following the completion of 203 days of service irrespective of breaks in that service.

 

23.  Casual Teachers

 

23.1     The rates of pay for casual teachers are set out in Schedule 4, Table 1 and Table 2.

 

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

 

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

 

23.4     Where a casual teacher relieves a teacher who has been timetabled to teach as provided in clause 15, Teaching Hours for Years 11 and 12, then the provisions of subclause 15.6 and 15.7 of that clause shall apply to the casual teacher provided that the time off can be taken either at the beginning or end of the six and one half hour period of daily engagement of the casual teacher. 

 

23.5     Where a casual teacher reports to a school for duty on any day on the basis of a request by an authorised officer and is then advised that their services are not required, the casual teacher shall be entitled to receive payment for one half of one day’s pay at the appropriate rate in Schedule 4, Table 1 and Table 2.

 

23.6     The rates of pay of casual teachers are loaded by 5 per cent to be inclusive of the following incidents of employment: sick leave, family and community service leave, special leave and leave loading.  Entitlements under the Long Service Leave Act 1955 and Determination 5 of 2006, Casual School Teachers Adoption, Bereavement, Maternity, Parental and Personal Carer’s Entitlements or its successor, are not affected.

 

23.7     Casual teachers will receive either a Band 1 or Band 2 rate of pay as provided for in Schedule 4 in accordance with their accreditation.

 

23.8     Casual teachers who commence work at the Band 1 rate of pay will be required to work for a minimum of the full time equivalent of two years before being eligible to receive the Band 2 rate of pay if they have attained the relevant accreditation.

 

24.  Relief in Tp1 or Ap1 Position Or Principal - Environmental Education Centre Or Hospital School Grade 1

 

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

 

24.1.1 a casual teacher relieving in a TP1 or AP1 position or as a Principal - Environmental Education Centre or Hospital School Grade 1 in excess of ten days shall be paid the daily rate equivalent as set out in Schedule 4 Table 2; and

 

24.1.2 a temporary teacher relieving in a TP1 or AP1 position or as a Principal - Environmental Education Centre or Hospital School Grade 1 shall be paid the salary of the position on a pro rata basis.

 

24.2     Where a TP1 or AP1 position or a position as a Principal - Environmental Education Centre or Hospital School Grade 1 has been advertised and there are no available officers in the Teaching Service who apply for the position, then a casual teacher or a temporary teacher who meets the merit selection criteria may be appointed to the TP1 or AP1 or Principal - Environmental Education Centre or Hospital School Grade 1 on a temporary basis for the remainder of the year.

 

25.  Training and Development

 

25.1     The Secretary shall schedule each year two days during school time for the purpose of system and school training and development.

 

25.2     The Secretary shall approve additional periods during school time for training and development of staff in some system priorities.

 

25.3     The Secretary shall also provide a program of training and development opportunities for staff outside of school hours.

 

26.  Multi Skilling

 

26.1     Subject to appropriate qualifications, training and taking into account a teacher’s long term career path opportunities, the Secretary may make provisions for teachers to extend or vary classifications on a temporary or permanent basis for:

 

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

 

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

 

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

 

26.2     The Secretary shall:

 

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

 

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

 

26.3     To retrain teachers for identified priority areas, the Secretary shall establish appropriate retraining courses of appropriate content and duration.

 

27.  Duties as Directed

 

27.1     The Secretary or delegate, nominee or representative may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classifications covered by the award and provided that such duties are not designed to promote deskilling.

 

27.2     The Secretary may direct an employee to carry out such duties and use such tools, materials and equipment as may be required, provided that the employee has been properly trained in the use of such tools, materials and equipment.

 

27.3     Any directions issued by the Secretary pursuant to subclauses 27.1 and 27.2 shall be consistent with the Secretary’s responsibility to provide a safe and healthy working environment.

 

28.  Other Rates of Pay

 

28.1     Other rates of pay in schools shall be paid in terms of Schedule 5.

 

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

 

29.1     Special conditions covering home school liaison officers and Aboriginal student liaison officers are set out in Schedule 10.

 

30.  Teachers in Residential Agricultural High Schools - Special Conditions

 

30.1     Special conditions covering teachers at residential agricultural high schools are set out in Schedule 11.

 

31.  Dispute Resolution Procedures

 

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

 

31.1.1 Should any dispute (including a question or difficulty) arise as to matters occurring in a particular workplace, then the employee and or the Federation’s workplace representative shall raise the matter with the appropriate principal or supervisor as soon as practicable.

 

31.1.2 The principal or supervisor shall discuss the matter with the employee and or the Federation’s workplace representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

31.1.3 Should the above procedure be unsuccessful in producing resolution of the dispute or should the matter be of a nature which involves multiple workplaces, then the employee and or the Federation may raise the matter with an appropriate officer of the Department, either the  Director, Public Schools or  at the Executive Director level, with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

31.1.4 Where the procedures in paragraph 31.1.3 do not lead to resolution of the dispute, the matter shall be referred to the Deputy Secretary, Corporate Services of the Department and the Branch Secretary of the Federation.  They or their nominees shall discuss the dispute with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

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

 

32.  No Further Claims

 

32.1     Except as provided by the Industrial Relations Act 1996, prior to 31 December 2019, there shall be no further claims by the parties to this Award for changes to salaries, rates of pay, allowances, or conditions of employment in relation to matters expressly contained in this award.

 

33.  Anti-Discrimination

 

33.1     It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

33.2     It follows that in fulfilling their obligations under the dispute resolution procedures prescribed under clause 31, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It shall be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

33.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

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

 

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

 

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

 

34.  Work, Health & Safety

 

34.1     For the purposes of this clause, the following definitions shall apply:

 

34.1.1 A "labour hire business" is a businesses (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer

 

34.1.2 A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

34.2     If the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

34.2.1 consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

34.2.2 provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely.

 

34.2.3 provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

34.2.4 ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

34.3     Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

35.  Saturday School of Community Languages

 

35.1     The conditions of employment and rates of pay for employees (that term is defined in clause 2.10 of Schedule 12) at the Saturday School of Community Languages as ministerial employees in the public sector are exclusively as provided for in Schedule 12 to this award.

 

35.2     Such employment under Schedule 12 of this award is separate from any employment addressed elsewhere in this award under the Teaching Service Act or the Government Sector Employment Act.

 

36.  Educational Paraprofessionals

 

36.1     Educational paraprofessionals shall be remunerated in accordance with Schedule 6 of this award depending on their qualifications.  Educational Paraprofessionals shall be entitled to progress along or be maintained on the Educational Paraprofessional salary scale after each 203 days of service subject to demonstrating satisfactory performance.

 

36.2     Educational paraprofessionals are employed in conjunction with National Partnership programs, as participants in internship and cadetship programs and as required for other initiatives undertaken in the Department.

 

37.  Australian Professional Standards for Teachers

 

37.1     The parties agree that the standards used for the determination of teacher salaries under this award will be the seven standards comprising the Australian Professional Standards for Teachers as at December 2013 and set out in Schedule 13 to this award.

 

 

 

37.2     Achievement of these standards will be demonstrated through accreditation and maintenance at the Proficient teacher level and Highly Accomplished teacher level in line with the requirements of the Authority.

 

38.  Area, Incidence and Duration

 

38.1     This award rescinds and replaces the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award published 24 November 2015  (378 I.G. 1452) and all variations thereof.

 

38.3     This award shall commence on and from 1 January 2017 and remain in force until 31 December 2019.

 

sCHEDULE 1A

 

TEACHER SALARIES - STANDARDS BASED REMUNERATION 2017-2019

 

The following salary scale applies to teachers.

 

Schedule 1B

 

TEACHER SALARIES - COMMON INCREMENTAL SALARY SCALE - 2017 - 2019

 

The following applies to only those teachers who were employed prior to 1 January 2016 and who were eligible for progression via the transition provisions to standards based remuneration.  

 

The following salary scale also applies to: education officers, home school liaison officers, Aboriginal student liaison officers, and counsellors.

 

Current Salary steps	Salary from the first pay	Salary from the first pay	Salary from the first pay
	period to commence on	period to commence on	period to commence on
	or after 1.1.2017	or after 1.1.2018	or after 1.1.2019
	$	$	$
Increase	2.5%	2.5%	2.5%
Step 13	97,853	100,299	102,806
Step 12	89,273	91,505	93,793
Step 11	85,888	88,035	90,236
Step 10	82,509	84,572	86,686
Step 9	79,130	81,108	83,136
Step 8	75,751	77,645	79,586
Step 7	72,368	74,177	76,031
Step 6	68,983	70,708	72,476
Step 5	65,608	67,248	68,929
Step 4	62,228	63,784	65,379
Step 3	59,163	60,642	62,158

 

SCHEDULE 2a

 

PRINCIPAL CLASSIFICATION STRUCTURE 2017-2019

 

 

SCHEDULE 2b

 

FORMER PRINCIPAL CLASSIFICATION STRUCTURE 2017-2019

 

Table 1

 

 

Table 2

 

 

Note: The new principal classification structure which commenced in 2016 does not apply to the position of Executive Principal, Connected Communities.

 

SCHEDULE 3

 

OTHER PROMOTIONS CLASSIFICATIONS IN THE TEACHING SERVICE - 2017 - 2019

 

 

Schedule 4

 

Rates of Pay - Casual Teachers

 

Table 1

 

 

Table 2

 

In the case of casual teachers relieving in positions of TP1 or AP1  or as a principal - environmental education centre or hospital school Grade 1, subject to satisfying the requirements, the daily rate of pay shall be as follows:

 

	Rates from the first pay	Rates from the first pay	Rates from the first pay
	period to commence on	period to commence on	period to commence on
	or after 1.1.2017	or after 1.1.2018	or after 1.1.2019
	$	$	$
Increase	2.5%	2.5%	2.5%
Casual TP1/AP1
Principal Environmental	582.48	597.04	611.97
Education Centre or
Hospital School Grade 1

 

Schedule 5

 

Other Rates of Pay

 

 

SCHEDULE 6

 

EDUCATIONAL PARAPROFESSIONAL 2017 -2019

 

	Salary from the first pay	Salary from the first pay	Salary from the first pay
	period to commence on	period to commence on	period to commence on
	or after 1.1.2017	or after 1.1.2018	or after 1.1.2019
	$	$	$
Increase	2.5%	2.5%	2.5%
Step 1	55,466	56,853	58,274
Step 2	59,163	60,642	62,158
Step 3	62,228	63,784	65,379

 

Schedule 7

 

ALLOWANCES

 

Table 1

 

 

Table 2

 

 

(*)        Allowance payable subject to the Executive Principal, Connected Communities satisfying the provisions of subclause 5.9.

 

Schedule 8

 

Locality Allowances

 

1.  Definitions

 

1.1       For the purposes of this schedule:

 

1.1.1    "Dependent child" means, unless otherwise defined in the award, a child of which a teacher is a parent and who is resident with and wholly maintained by such teacher and either is under the age of sixteen years or is a full time student under the age of eighteen years or is completing their school studies up to and including Year 12.

 

1.1.2    "Dependent partner" means a person who is resident with and substantially reliant upon a teacher for their financial support, being either the teacher's spouse or a person whom the Secretary is satisfied is cohabiting otherwise than in marriage with the teacher in a permanent de facto and bona fide domestic relationship.

 

1.1.3    "Duly qualified" means a practitioner practising in Australia who, by training, skill and experience, is competent to diagnose, advise with regard to, and or treat the condition in relation to which relevant medical or dental assistance, as the case may be, is reasonably sought.

 

1.1.4    "Married couple" means and shall include a teacher and their spouse or a person whom the Secretary is satisfied is cohabiting otherwise than in marriage in a permanent de facto and bona fide domestic relationship.

 

1.1.5    "Practitioner" means a legally qualified and lawfully practising medical practitioner or, as appropriate, a legally qualified and lawfully practising dentist and includes a duly qualified and lawfully practising physiotherapist to whom a teacher or a dependent spouse, partner or child of a teacher has been referred for treatment by a legally qualified medical practitioner.

 

1.1.6    "Reimbursable expenses" means, for the purposes of Part E of this schedule:

 

(i)         Actual travel costs in excess of the amounts specified in subparagraph (iv) of this paragraph in any one instance reasonably incurred in transporting a teacher and or a dependent partner and or dependent child of a teacher from his or her place of residence to a place at which a duly qualified practitioner is consulted.

 

(ii)        Travel charges in excess of the amounts specified in subparagraph (iv) of this paragraph in any one instance made by a duly qualified practitioner reasonably summoned to a teacher or a dependent partner or dependent child of a teacher at or near the place of residence of the teacher.

 

(iii)       The actual cost of accommodation not being hospital or nursing accommodation reasonably and necessarily incurred by a teacher or a dependent partner or dependent child of a teacher in connection with the attendance of that person away from their place of residence at a place at which a duly qualified practitioner is consulted.

 

(iv)      For the purposes of subparagraphs (i) and (ii) of this paragraph, the amounts which travel costs and charges must exceed are as follows:

 

 

1.1.7    "School" shall include any school, branch, annex, centre or other establishment to which a teacher is appointed.

 

1.1.8    "Single teacher" means and shall include a widow, widower, divorcee or teacher living separately and apart from their spouse.

 

1.1.9    "Travel costs" means, for the purposes of Part E of this schedule, the actual return transport costs payable in respect of the means of conveyance most appropriate to the circumstances and, in relation to a motor vehicle owned by a teacher or a dependent partner of a teacher, an amount calculated for the total distance travelled at the casual  rate determined from time to time by the Secretary; provided, however, that transport costs shall not in any circumstances exceed a sum which would be applicable to any return trip over a distance greater than that to and from the place of residence of the relevant teacher and the GPO at Sydney.

 

1.1.10 "Teacher" for the purpose of this schedule means a permanent or temporary employee covered by this award.

 

2.  Part A - Allowances - Climatic Disability

 

2.1       Subject to clause 7 of this schedule, a teacher appointed to a school located in the Western Division of New South Wales upon or to the west of a line starting from a point on the right bank of the Murray River opposite Swan Hill (Victoria), and thence by straight lines passing through the following towns or localities in the order stated, viz., Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, shall be paid an allowance at the rates prescribed in subclause 2.4 below.

 

2.2       Subject to clause 7 of this schedule, a teacher appointed to a school within a zone of New South Wales established by the 0 Degrees Celsius July Average Minimum Temperature Isotherm as contained in the Climatic Atlas of Australia, June 1974 as amended, and published by the Bureau of Meteorology, shall be paid an allowance at the rates prescribed in subclause 2.4 below.

 

2.3       The allowances prescribed in subclauses 2.1 and 2.2 of this Part may be extended, excluded or otherwise varied by the Secretary to take into account any special circumstances.

 

2.4       Allowances under subclauses 2.1 and 2.2 are as follows:

 

 

*  The dependent partner rate is one third greater than the rate for a teacher without a dependent partner.

 

3.  Part B - Allowances - Isolation from Socio Economic Goods and Services

 

3.1       A teacher appointed to a school included in Appendix A of this schedule shall be paid the following allowances

 

 

3.2       A teacher with a dependent partner shall receive double the allowance prescribed in subclause 3.1 of this clause.

 

3.3       Subject to clause 7 of this schedule, a teacher entitled to an allowance under subclause 3.1 of this clause and with a dependent child or children shall be paid the following additional allowances -

 

4.  Part C - Allowances - Motor Vehicle

 

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

 

 

5.  Part D - Allowances - Vacation Travel Expense - Subject to Clause 7 of this Schedule

 

5.1       A teacher, when proceeding on vacation leave, shall be entitled in any calendar year to the payment of certain travel expenses on the following occasions:

 

5.1.1    if appointed to a school included in Appendix A of this schedule and in:

 

(i)         Groups 1 and 2 - three vacation journeys;

 

(ii)        Groups 3, 4, 5 and 6 - two vacation journeys;

 

(iii)       Group 7 - one vacation journey; or

 

5.1.2    if appointed to a school covered by Determination 21 of the Determinations made pursuant to section  25 of the Teaching Services Act 1980, one vacation journey; and or

 

5.1.3    if appointed to a school located more than 720 kilometres from Sydney by the nearest practicable route and other than a school referred to in paragraph 5.1.1 of this subclause, one or more journey(s) if, given the circumstances of the school location, the Secretary considers it to be warranted.

 

Provided always that the provisions of paragraphs 5.1.1, 5.1.2 and 5.1.3 shall not apply to a teacher with less than three years' service who, at the date of their engagement for service, was resident in the relevant area.

 

5.2       A teacher eligible for the payment of travelling expenses under subclause 5.1 shall have those travelling expenses calculated according to the formula for reimbursement set out in Determination 21 referred to in paragraph 5.1.2 of subclause 5.1 of this clause, except that the amount of overnight expenses shall be as set out in subclause 5.3 below, subject to the conditions contained in the aforementioned Determination.  Provided that the use of a teacher's own car shall not require the approval of the Secretary.

 

5.3       For the purposes of subclause 5.2, the amount of overnight expenses are as follows:

 

 

6.  Part E - Reimbursement of Certain Expenses Related to Medical Or Dental Treatment

 

6.1       The provisions of subclauses 6.2, 6.3, 6.4, 6.5 and 6.6 of this clause apply only to a teacher who is appointed to a school included in Appendix A of this schedule, but do not apply to a teacher -

 

6.1.1    who for the time being is on maternity leave; or

 

6.1.2    who is married to a spouse or has a partner normally resident in the locality, unless such spouse or partner is normally and usually dependent upon the teacher as a consequence of illness, incapacity or other reasonable inability to earn an income sufficient to support themselves and or his or her child or children, as the case may be.

 

6.2       Where a teacher reasonably incurs reimbursable expense, the amount thereof shall be paid to that teacher upon written application made to the Secretary.

 

6.2.1    A teacher shall not be disentitled to such payment merely by reason of the fact that the reimbursable expense incurred was in relation to the attendance by or upon a duly qualified practitioner who was not the nearest duly qualified practitioner available at the relevant time if special circumstances in the particular case render it desirable that the services of some other duly qualified practitioner be sought.

 

6.2.2    In any instance in which it is necessary for the teacher or the partner of the teacher or some other attendant to accompany the person in respect of whom reimbursable expense is incurred then, upon written application by the teacher to the Secretary, the additional travel and accommodation costs reasonably and actually incurred shall be paid to the teacher.

 

6.3       A teacher who claims payment of reimbursable expenses shall provide such evidence in substantiation of the claim as the Secretary may reasonably require.

 

6.4       The Secretary shall be entitled to refuse payment of any claim where it appears that the expense arose as a direct consequence of the serious and wilful misconduct or gross negligence of the person in respect of whom the expense was incurred.

 

6.5       A teacher shall, in respect of any occurrence which gives rise to the incurring of reimbursable expense, take all reasonable steps to recover any insurance, contributory fund, workers' compensation or other benefits or common law damages as may lawfully be payable in respect thereof and any sum actually recovered in respect of items of reimbursable expense under this Schedule shall be brought to credit as against the Secretary's liability for the same.  If any such sum shall be recovered subsequently to payment by the Secretary of reimbursable expense to a teacher, that teacher shall make an appropriate repayment.  The Secretary shall not be entitled to withhold payment of reimbursable expense merely upon the ground that it or some portion of it may be recoverable at some time in the future from a third party.

 

6.6       The Secretary may, by notice in writing, require any teacher to effect and keep on foot a policy of insurance or membership of a medical fund to cover that teacher's liability for items of the nature of reimbursable expense under this schedule.

 

6.6.1    In any such case, the Secretary shall reimburse to the teacher the amount by which any premium or contribution incurred in so doing exceeds the following amounts:

 

 

6.6.2    If a teacher fails to comply with a requirement made by the Secretary under this subclause, such teacher shall not be entitled to claim any reimbursable expense which, but for their failure, would have been recouped to that teacher as a result of the relevant insurance or membership.

 

6.7       When a teacher is necessarily absent from duty for the purpose of securing advice and or treatment from a duly qualified practitioner for such teacher or dependent partner or child of such teacher, any period of such absence involved in travelling to or from the place of residence of the teacher to the place at which the advice or treatment is obtained shall not be debited against any sick leave credit to which that teacher is entitled.  Provided that this clause shall be without prejudice to the right of the Secretary in their discretion to temporarily appoint the teacher to a school nearer to the place of consultation or treatment where they may deem it desirable so to do.

 

6.8       The Secretary shall be entitled to decline payment of reimbursable expense to a teacher in any instance in which such expense relates to a non-urgent elective consultation or treatment which might reasonably have been sought during a vacation period whilst the teacher or their relevant dependent partner, child or children (as the case may be) had, in the normal course, travelled to a location at which the type of consultation or treatment could be obtained.

 

7.  Part F - Payment of Allowances According to Marital Status (Payment of Allowances Regardless of Marital Status)

 

7.1       Subject to subclause 7.2 of this clause, where a married couple consists of two teachers who are otherwise eligible for payment of an allowance under this schedule then, in the case of an allowance under:

 

7.1.1    subclause 2.1 or 2.2 of clause 2 of this schedule, each teacher shall only be entitled to one half of the allowance provided therein for a teacher with a dependent partner;

 

7.1.2    subclause 3.3 of clause 3 of this schedule, each teacher shall only be entitled to one half of the allowance provided therein for a teacher with a dependent child or children;

 

7.1.3    clause 4 of this schedule, each teacher shall only be entitled to one half of the motor vehicle allowance applicable to a single teacher;

 

7.1.4    clause 5 of this schedule, each teacher shall only be entitled to one half of the vacation travel allowance; and

 

7.1.5    subclause 6.2 of clause 6 of this schedule, each teacher shall not qualify for reimbursement of expenses in so far as the teacher's partner qualifies for and claims reimbursement as a teacher.

 

7.2       Where a married couple includes a teacher entitled to allowances under the award and a person entitled to a similar allowance pursuant to the Crown Employees (Public Service Conditions of Employment) Award 2009 published 31 July 2009 (368 I.G. 884) as varied, or its successor, the teacher shall only receive the difference between that allowance and the married couple or dependent allowances under this schedule.

 

8.  Part G - Locality Allowance Committee

 

8.1       A Locality Allowance Committee shall be established for the purpose of -

 

8.1.1    investigating all matters in dispute and reporting and making recommendations thereon to the Secretary and the Federation;

 

8.1.2    recommending the inclusion or deletion of schools to be covered by the provisions of clause 3 of this schedule; and

 

8.1.3    recommending the appropriate groupings and alteration of existing groupings of schools within clause 3 of this schedule.

 

8.2       The Locality Allowance Committee shall -

 

8.2.1    consist of an equal number of representatives nominated by the Secretary and the Federation;

 

8.2.2    elect its own chairperson, who shall not have a casting vote;

 

8.2.3    be permitted to act in the absence of any member, provided more than one half of the members are present; and

 

8.2.4    by its creation and operation not affect the exercise of the powers and functions of any tribunal constituted under the Industrial Relations Act 1996.

 

APPENDIX A

 

Allowance For Isolation From Socio Economic Goods And Services

 

Groupings of Schools

 

 

Schedule 9

 

Excess Travel and Compensation for Travel on Official Business

 

Part A

 

Excess Travel

 

1.         Definitions

 

1.1       For the purpose of Part A of this Schedule:

 

1.1.1    "Excess travel" means, for the purposes of clauses 3 and 4, those distances:

 

(i)         when travelling from home to work and vice versa, that distance in excess of the distance between the teacher's home and headquarters;

 

(ii)        on any day where the teacher is required during the day to travel from one school to another.

 

1.1.2    "Headquarters" means that school where the major part of the teacher's duties are performed; or if the teacher is appointed to two schools on an equal time basis, then the headquarters school shall be the school nearest to the teacher's place of residence.  Provided that where a teacher is appointed to two schools on an equal time basis and has previously had a school nominated as their headquarters school, that school shall be retained as the headquarters while they continue to teach at that school, notwithstanding a change to the other school.

 

1.1.3    "Teaching Program" means all face to face teaching and other duties that take place during the teacher's normal hours of schooling.

 

2.  Teaching in More Than One School

 

2.1       Where in any school a teacher, including a temporary teacher, cannot be, or has not been, allocated a complete teaching load, the teacher may be timetabled to teach in more than one school.  Such teachers include Teacher Librarians and Teachers of English as a Second Language.  The following provisions in relation to payment for excess travel time and for excess travel shall apply:

 

3.  Payment for Excess Travel Time

 

3.1       If in order to perform the teacher's approved teaching program, the teacher is required to travel outside the teacher's required attendance hours for the particular school from the teacher's home to school and/or from a school to the teacher's home, the teacher shall be paid for excess time occupied in travelling, subject to:

 

3.1.1    There shall be deducted from the teacher's travelling time on any one day the time normally taken for the periodic journey from home to headquarters and return.

 

3.1.2    Periods of less than one quarter of an hour on any one day shall be disregarded.

 

3.1.3    Travelling time shall not include any period of travel between 11.00pm on any one day and 7.30am on the following day when the teacher has travelled overnight and sleeping facilities have been provided for the teacher.

 

3.1.4    Travelling time shall be calculated by reference to the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

3.1.5    No time spent in performing duties shall be counted as travelling time.

 

3.1.6    The teacher is otherwise not compensated for excess travelling time by way of allowance or time off in lieu.

 

3.2       Payment for excess travelling time shall be at the teacher's ordinary rate of pay on an hourly basis, calculated as follows:

 

 

3.3       For 2014 and 2015, teachers who are in receipt of a salary in excess of the rate applicable to the eleventh step of the common incremental salary scale set out in Schedule 1A, shall be paid travelling time calculated at the rate applicable to the abovementioned eleventh step.

 

3.4       For 2016, teachers who are in receipt of a salary in excess of the rate applicable to Band 2.1 as set out in Schedule 1B, shall be paid travelling time calculated at the rate applicable to the abovementioned rate.

 

4.  Payment for Excess Travel -

 

4.1       All travelling costs reasonably incurred because of excess travel for the use of a private motor vehicle shall be paid on the basis of cents per kilometre at two rates as follows:

 

4.1.1    up to 8,000 km per annum - 66.0 cents per km;

 

4.1.2    over 8,000 km per annum - 26.4 cents per km.

 

Provided that these rates shall be adjusted pursuant to and in accordance with the rates as approved from time to time by the Premier’s Department.

 

4.2       For the purposes of payment under this subclause, excess travel on any day where the teacher is required during the day to travel from one school to another, shall be determined in accordance with the provisions of subclauses 4.1 to 4.8 inclusive.

 

4.3       On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

 

4.4       Provided that when the above deduction in subclause 4.3 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the follow schedule:

 

 

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

 

4.6       Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

4.6.1    If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

4.6.2    Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

4.7       A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites.

 

4.8       The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

Part B

 

Compensation for Travel on Official Business

 

1.         Definitions

 

1.1       For the purpose of Part B of this Schedule:

 

1.1.1   "Headquarters" for a teacher means the school or administrative centre nominated by the Secretary for the particular teacher.

 

1.1.2   "Teacher" means a permanent or temporary teacher employed in the Teaching Service, but does not mean, unless otherwise specified, a casual teacher.

 

"Teacher" includes Consultants, District Guidance Officers (DGO's), School Counsellors, Itinerant Teachers (teachers of the behaviourally disordered, the visually impaired, the hearing impaired), Distance Education Centre/School Teachers, Home School Liaison Officers (HSLO), Access School Teachers, District Relief Teachers, Outreach Teachers, Pre School Teachers, Support Teachers Intensive Reading, Careers Advisers, Early Intervention Teachers, Violence Program Teachers, Languages Other Than English Teachers (LOTE), Early Student Support Program Teachers (ESSP), teachers programmed to teach in a school and a TAFE location and includes any equivalent classifications thereto so long as their work patterns remain unchanged.

 

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

 

3.         Teachers may be authorised to use their private vehicle for travel on official business in the performance of their normal duties where other modes of travel are unsuitable or unavailable.

 

3.1       Payment, on a case by case basis, shall be considered by the Department for private motor vehicle usage by casual teachers who relieve in a position as identified in subclause 1.1.2 and who are required and authorised to use their private motor vehicle in the performance of their relieving duties.

 

4.         The Use of a Teacher's Private Motor Vehicle on Official Business is Not Mandatory.

 

5.         Official Business Rate -

 

5.1       The official business rate is payable where the use of a teacher's private motor vehicle on official business is authorised and the teacher is required to travel on official business using their motor vehicle on a regular basis of at least once per week throughout the school year or travel a minimum of 400 kilometres during the school year, except where:

 

5.1.1   an official vehicle is available;

 

5.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and or restriction in the performance of the teacher's duties and professional responsibilities.

 

5.2       Where a teacher commences duty other than at the start of the school year the minimum period of 400 kilometres to be travelled, as provided by subclause 5.1 above, shall be adjusted proportionately.

 

5.3       The rate paid is that specified at clause 9 of this schedule.

 

6.         Casual Rate -

 

6.1       The casual rate is payable to teachers who are authorised to use their private motor vehicle to travel on official business intermittently as opposed to regular use (as provided by clause 5 of this Schedule) for which the official business rate is paid, except where:

 

6.1.1   an official vehicle is available;

 

6.1.2   for all or specific days of travel, public transport is obviously available, suitable, and does not result in a loss of the teacher's professional time and/or restriction in the performance of the teacher's duties and professional responsibilities.

 

6.2       In circumstances where teachers are not authorised for reimbursement of travel expenses at the official business rate, they may be given approval to use their private vehicle on official business at the casual rate, including travel to attend staff development courses, selection committee interviews, GREAT appeals and hearings.

 

6.3       The rate paid is that specified at clause 9 of this schedule.

 

7.         Daily Deduction -

 

7.1       On days when a teacher is required to travel on official business and travels to and from home, whether or not the teacher visits headquarters, a deduction shall be made from the total distance travelled from home to home as follows:

 

 

7.2       Provided that when the above deduction in subclause 8.1 has been effected, the teacher shall add to the number of kilometres claimed the kilometres shown in the following schedule:

 

 

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

 

7.4       Where a teacher is on duty at their headquarters on a particular day and the teacher elects to travel to the headquarters in their private motor vehicle, no payment shall be made for such travel.

 

7.5       If, on such a day, the teacher is directed to travel from their headquarters in an emergency situation, the teacher may be granted approval to use their own motor vehicle and claim the normal kilometre rate for the distance from headquarters to the emergency centre and return.

 

7.6       Where a teacher has approval to use their private motor vehicle on official business and is directed to have the vehicle at headquarters on each day, or particular days, in order to have available a ready means of transport, payment shall be made for the distance from home to headquarters and return for each day of duty the car is required to be available (on official business), less the daily deduction.

 

7.7       A claim for travel allowance cannot be made where the headquarters and another centre visited are on the same or adjacent sites.

 

7.8       The daily deduction is not applied where a teacher is required to use their private motor vehicle from their home after working hours on official business or when the teacher is required to stay away from home overnight on official business.

 

8.         Official Business and Casual Rate -

 

 

Provided that these rates shall be adjusted pursuant to and in accordance with the rates as approved from time to time by the Secretary, Department of Premier and Cabinet.

 

Schedule 10

 

Special.  Conditions Covering Home School Liaison Officers and Aboriginal Student Liaison Officers

 

Qualifications and Appointments -

 

1.         Officers Who Are Employed as Teachers and Persons Who, in the Opinion of the Secretary, Have the Appropriate Qualifications to be Employed as Teachers Shall be Eligible to Apply for Appointment as Home School Liaison Officers.

 

2.         Officers who are employed as teachers and persons who, in the opinion of the Secretary, have the appropriate qualifications and or experience to be appointed as Aboriginal student liaison officers shall be eligible to apply for temporary appointment as Aboriginal student liaison officers.

 

3.         A successful applicant for appointment to a vacant position of home school liaison officer or Aboriginal student liaison officer shall, subject to Sections 50 and 51 of the Teaching Service Act be temporarily appointed to a specified location and for a specified period determined by the Secretary.

 

Duties -

 

4.         Home school liaison officers and Aboriginal student liaison officers shall be responsible for those duties as determined by the Secretary and shall be directly responsible to an officer or such other person(s) as determined by the Secretary.

 

Training -

 

5.         Successful applicants for the position of home school liaison officer or Aboriginal student liaison officer shall, following temporary appointment to specified positions or locations, be required as part of their duties to undergo a course of training of a nature and for a period prescribed by the Secretary.

 

6.         Home school liaison officers and Aboriginal student liaison officers whose homes are 100kms or more from the training course centre shall be eligible for financial assistance as provided by the Department towards the cost of temporary accommodation used while on the course and for travel between their homes in New South Wales and the course at the beginning and end of the course and on one weekend during the course.  In addition, travel costs in excess of those for daily travel to the course incurred in attending at locations other than the course centre, on program requirements, shall be reimbursed.

 

Salaries -

 

Home School Liaison Officers -

 

7.         On temporary appointment as a home school liaison officer a teacher shall continue to receive their current substantive teaching salary and shall continue to progress on the appropriate step on the common incremental salary scale on their normal teaching incremental date subject to clause 6, Salary Progression and Maintenance and clause 21, Calculation of Service of this award.  A person not being an officer shall on appointment as a home school liaison officer be paid an annual salary according to their qualifications and status as if they were appointed as a teacher covered by the award and shall progress on the common incremental salary scale on an incremental date determined by the date of their appointment as a home school liaison officer subject to clause 6, Salary Progression and Maintenance and clause 21, Calculation of Service of this award.

 

Aboriginal Student Liaison Officers -

 

8.         Minimum salaries on commencement of employment and progression thereafter under the common incremental salary scale as set out in Schedule 1A of this award are determined as follows:

 

Aboriginal student liaison officers who are:

 

Non-graduates - step 3

 

Graduates without teacher training - step 4

 

Graduates with teacher training - step 5

 

Graduates with five years of training - step 6

 

Allowances and Additional Leave -

 

9.         Overtime shall not be paid for hours worked in excess of seven hours per day and no compensatory leave shall be allowed for evening, Saturday or Sunday work.  In addition, no compensation shall be allowed for time spent in travelling.

 

10.       To compensate for all incidents of employment, including hours worked in excess of seven hours on any day, evening, Saturday or Sunday, and time spent in travelling, home school liaison officers and Aboriginal student liaison officers shall receive:

 

10.1     an allowance as provided for in paragraph 5.2.1 of clause 5, Allowances, and Schedule 7; and

 

10.2     six weeks leave per annum in addition to the four weeks annual recreation leave provided in clause 13 of this schedule.  The six weeks leave and the four weeks annual recreation leave shall be taken during school vacation periods unless the performance of work required to be done during a school vacation(s) necessitates part of the ten weeks leave to be taken at other time(s) as approved by the Secretary.

 

Hours and Conditions -

 

11.       Subject to the special conditions contained in this schedule, home school liaison officers and Aboriginal student liaison officers shall enjoy the hours and conditions of employment applying to other non-school based teaching service personnel.

 

12.       The ordinary hours of work, exclusive of meal times, shall be 35 per week to be worked Monday to Friday inclusive and to commence on such days at or after 8.00am and conclude on or before 6.00pm.  Provided that, where required, a home school liaison officer or Aboriginal student liaison officer shall be required to work beyond these normal hours on weekdays and to work on weekends.

 

13.       Annual recreation leave shall accrue at the rate of four weeks per year.

 

14.       Notwithstanding that an officer, on appointment as a home school liaison officer or Aboriginal student liaison officer, may not comply with the service requirement included in the definition of a transferred officer contained in Determination No.1/2001, titled the Transferred Officers Compensation Determination or its successor determination, but otherwise finds it necessary to move their residence as a consequence of the appointment, the officer shall be deemed a transferred officer for the purposes of Determination No.1/2001 or its successor determination.

 

15.       An officer appointed as a home school liaison officer is eligible to apply for and accept appointment to any advertised Teaching Service position.

 

Subsequent Employment -

 

Home School Liaison Officers -

 

16.       An officer appointed as a home school liaison officer shall, on completion of the period of the appointment, be eligible and required to transfer to a teaching position.

 

17.       A person other than an officer appointed as a home school liaison officer shall, on completion of the period of their appointment, be appointed, pursuant to Section 47 of the Teaching Service Act as a permanent teacher.  Provided that if the person holds a Teachers Certificate this permanent appointment shall not be probationary as provided for in Section 48 of the Teaching Service Act.  Provided further that all persons appointed as home school liaison officers shall be given a permanent appointment as a teacher as provided for above in priority to all other persons on any teacher employment waiting list.  Provided always that the home school liaison officer may elect to accept a temporary appointment as a teacher.

 

Aboriginal Student Liaison Officers -

 

18.       An officer appointed as an Aboriginal student liaison officer shall, on completion of the period of the appointment, be eligible and required to transfer to an appropriate teaching service position.

 

Schedule 11

 

Special.  Conditions Covering Teachers at Residential Agricultural High Schools

 

1.         Special Conditions -

 

1.1       The principal, following consultation with a representative nominated by the staff in a residential agricultural high school, shall prepare detailed information on the duties of teachers and the conditions of employment in the school.  This information shall include rostered duty requirements, residential requirements and other information that shall assist both new appointments and teachers who may be transferred to the school by the Secretary.

 

1.2       All new teachers at the schools shall be supplied with a copy of this information before accepting appointment to the school.

 

2.         All new vacant positions shall be deemed to be special fitness positions, provided that the Secretary shall retain the right to fill any vacant positions by way of transfer or such other manner as considered appropriate.

 

3.         Subject to the availability of accommodation, all teachers appointed to vacant positions in the schools shall be required to reside on the school site for a minimum period of three years.

 

4.         Following the minimum period referred to in clause 3 of this schedule, and subject to the needs of the school, teachers may apply for a further residence on-site for another two year period.  Thereafter a teacher may seek an extension of residency and tenure beyond this two year period.

 

5.         Initial appointment of residential teachers and reappointment of residential teachers to the school after the first or second period of residence on the school site shall be made on an annual basis at the discretion of the principal, with due regard to the needs of the school.

 

6.         A library supervisor shall be appointed to each school for a period of up to 20 hours per week during the school term to supervise the school library at nights and on weekends.

 

In selecting a library supervisor the principal shall, as he or she considers appropriate, give priority to employing trained teachers.

 

7.         There shall be two head teachers (welfare) appointed to each school on the basis of special fitness.

 

8.         The duties of the head teachers (welfare) shall include:

 

8.1       undertaking rostered supervision duty;

 

8.2       responsibility for the organisation and implementation of all aspects of residential supervision within the school;

 

8.3       implementation of student supervision rosters;

 

8.4       supervision of teachers on roster duty;

 

8.5       responsibility for school welfare programs.

 

9.         At each school, one teacher in charge of residential supervision shall be appointed by the principal (consistent with subclause 2.60 of clause 2, Dictionary of the award) to receive the Teacher in Charge of Residential Supervision Allowance as provided for in paragraph 5.5.3 of clause 5, Allowances, and Schedule 7.

 

10.       Educational programs shall be provided for all students at the school, up to and including the last school day of all four school terms.

 

11.       All teachers, including head teachers, but excluding the principal and deputy principal appointed to the school, shall be required to perform, on a roster basis, out of normal teaching hours supervision of students as follows:

 

11.1     Teachers on a full rostered program shall be required to undertake one rostered duty in every ten days during the designated school year.

 

11.2     Where the school has more non-resident staff than required to fill the duty roster, staff may be rotated onto the duty roster over a twelve month period to ensure rostered duty is shared by the entire staff and shall be paid the rostered supervision allowance on a pro rata basis.

 

11.3     There should be, as far as possible, a gender balance related to the needs of the school within the staff roster.  Where this is not possible the principal, in consultation with the staff, shall determine the most appropriate staffing roster.

 

11.4     The size and composition of rostered duty teams shall be decided by the principal following consultation with staff at the school.  To facilitate a one in ten days roster of a five person duty team, casual teachers or other staff may be employed by the principal where insufficient full time teachers are available, to make up the necessary duty teams.

 

11.5     Teachers on rostered supervision duty shall be provided with free meals at the school for the duration of their rostered duty.

 

11.6     Staff on rostered duty shall be entitled to a half hour break during their duty on week days and a one hour break during their duty on weekend days.  Such breaks shall be arranged by those rostered on duty to ensure that each person receives a break unless extraordinary circumstances or the exigencies of the school on a particular day makes this impractical.  There shall be no requirement to engage casual labour as a result of staff taking such breaks.

 

12.       A rostered supervision allowance as provided for in paragraph 5.5.1 of clause 5, Allowances, and Schedule 2 shall be paid on the basis that:

 

12.1     Teachers at the school are required to undertake rostered duties on the basis of one duty every ten days during the school year.

 

12.2     Rostered supervision duty for all teachers on the duty team (whether resident or non-resident) involves an on call period following the conclusion of active duty.  This on call period shall operate from approximately 11.00pm to 7.00am.  The on call duty may require, where accommodation is available, that any member of a duty team stay overnight on the school site.

 

12.3     During the on call period there shall be a minimum of two teachers (excluding the principal and deputy principal but including at least one member of the rostered duty team) in residence at the school on each night during the school year to respond to emergencies and any supervisory requirements as necessary.  This would normally include one residential member of the rostered duty team and one other member of the residential staff.  If a member of the residential staff is not available, then a non-residential member of staff shall remain on-site.  All other members of the duty team rostered on any day shall, however, remain on call.

 

12.4     Teachers who are absent on leave for one term or more shall lose a pro rata proportion of the rostered supervision allowance.  Similarly, a teacher who commences duty at the school other than in the first week of Term one shall be paid the rostered supervision allowance on a pro rata basis on the amount of supervision actually performed in that school year.

 

12.5     Should a teacher be sick on any day on which a rostered duty falls, then for the first two such days in any year the teacher shall be entitled to be paid.

 

13.       An additional allowance based on the average rate for a rostered duty shall be paid to three volunteer teachers at the school to supervise students returning following the Christmas, Terms one, two and three vacations and compulsory leave weekends.  This duty shall commence from 3.00pm on the day preceding the commencement of school until 7.00am the next day.

 

14.       The head teacher (welfare) shall be paid in addition to the rostered supervision allowance a residential supervision allowance as provided for in paragraph 5.5.2 of clause 5,  Allowances, and Schedule 7.

 

15.       Teacher trained library supervisors shall be remunerated at an hourly casual teacher rate.  The hourly casual teacher rate shall be calculated on the basis of the daily casual teacher in schools rate divided by six.  This rate is loaded to be inclusive of sick leave, family and community service leave, special leave and leave loading.

 

16.       The Department shall investigate providing

 

16.1     Further accommodation for teaching staff at the schools.  In the event of the head teacher (welfare) being single, accommodation to the level provided to other single resident teachers shall be provided.

 

16.2     Subject to the availability of funds, additional married accommodation at the schools.

 

17.       Teachers in residential accommodation on-site in the school shall be provided with free board and lodging, including laundry and utilities.

 

18.       All teachers in other accommodation (including executive staff) shall be required to clean their accommodation and undertake their own laundry and pay appropriate rental where payment of rental presently applies.

 

SCHEDULE 12

 

Saturday School of Community Languages

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

 

2.         Definitions

 

3.         Employment Jurisdiction

 

4.         Recruitment and Appointment

 

5.         Allocation to Centres and Classes

 

6.         Duties as Directed

 

7.         Remuneration

 

8.         Travel Expenses

 

9.         Training and Development

 

10.       Recognition of Service

 

11.       Anti-Discrimination

 

12.       Parental Leave and Other Entitlements

 

13.       Dispute Resolution Procedures

 

14.       Good and Services Tax

 

15.       Deduction of Union Membership Fees

 

16.       Secure Employment

 

17.       Work, Health and Safety

 

Table 1 - Remuneration, Monetary Rates

 

2.  Definitions

 

2.1       "Appointed Saturday School Community Language Teacher" means an employee who has been appointed to an ongoing position at Saturday School of Community Languages.

 

2.2       "Assistant Supervisor" means an employee who assists the Supervisor and who acts in his/her capacity during the absence of the Supervisor.

 

2.3       "Centre" means a location at which language teaching and learning is conducted by the Saturday School of Community Languages.

 

2.4       "Conditionally Approved Saturday School Community Language Teacher" means an employee who is responsible as part of a team for the educational instruction of students in a Centre of the Saturday School of Community Languages whose approval to teach is conditional upon completion of the Saturday School Language Intensive Methodology Course or equivalent educational requirements as determined by the Secretary.

 

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

 

2.6       "Curriculum Co-ordinator" means an employee who assists the Centre Supervisor and the Principal, Saturday School of Community Languages in curriculum implementation; development of curriculum resources and provision of advice on language teaching methodology.

 

2.7       "Department" means the Department of Education.

 

2.8       "Director of Curriculum Support" means the officer appointed by the Secretary to be responsible for the operation of the Curriculum Directorate of the Department. 

 

2.9       "Secretary" means the Secretary of Education.

 

2.10     "Employee" means an Appointed Saturday School Community Language Teacher, a Casual Saturday School Community Language Teacher, Conditionally Approved Saturday School Community Language Teacher, Curriculum Co-ordinator, Assistant Supervisor or Supervisor engaged at the Saturday School of Community Languages pursuant to s.47 of the Constitution Act 1902 (NSW).

 

2.11     "Federation" means the Australian Education Union NSW Teachers Federation Branch.

 

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

 

2.13     "Minister" means the Minister for Education.

 

2.14     "Parties" means the Department and the Federation.

 

2.15     "Principal, Saturday School of Community Languages" means the officer appointed by the Secretary to be responsible for the operation of the Saturday School of Community Languages.

 

2.16     "Saturday School Community Language Teacher" means an employee responsible as part of a team for the educational instruction of students in a community language.

 

2.17     "Saturday School of Community Languages" means a multi-location facility established by the Department to provide an avenue for students of a particular community language background to pursue the study of that language which cannot otherwise be studied in the student’s regular school.

 

2.18     "Supervisor" means an employee who co-ordinates a team of assistant supervisors, curriculum co-ordinators, teachers and clerical staff and is responsible for the educational and administrative leadership at an operating location of the Saturday School of Community Languages.

 

3.  Employment Jurisdiction

 

3.1       The employment jurisdiction conferred upon the Minister by the Constitution Act 1902 is intended by the parties to remain unaltered by anything contained in this Schedule.

 

4.  Recruitment and Appointment

 

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

 

4.2       Offers of appointment and continuing employment during periods of appointment shall be conditional on:

 

4.2.1    the Saturday School of Community Languages' ongoing need for the service provided; and

 

4.2.2    satisfactory performance of duties.

 

4.3       For appointed employees satisfactory performance of duties shall be appraised by annual review which may, where appropriate, and in paid time, be supported by:

 

(i)         conferences between the employee and principal or nominee;

 

(ii)        observations of educational programs;

 

(iii)       review of documentation such as lesson planning, lesson materials and student work plan, evaluations and reports.

 

4.4       In implementing the annual review the following shall be taken into account:

 

(i)         the level of experience of the employee (so that less experienced employees are given greater attention); and

 

(ii)        the particular circumstances of the centre.

 

4.5       The annual review shall be supported by way of a new teacher assessment and review schedule which will be negotiated by the parties.

 

4.6       Appointments shall be made on merit and shall be subject to the qualification requirements as specified in subclauses 4.7, 4.8 and  4.9 of this clause.

 

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

 

4.8       Saturday School Community Language Teachers are required to possess either a teaching qualification or a language teaching methodology qualification (eg the Saturday School Language Intensive Methodology Course).

 

4.9       Conditionally Approved Saturday School Community Language Teachers are required to complete an appropriate languages methodology course as determined by the Secretary following consultation with the Teachers Federation, during their period of employment. Payment for participation in the course shall be in accordance with subclause 9.4 of clause 9, Training and Development.

 

5.  Allocation to Centres and Classes

 

5.1       Allocation of employees to Centres and classes shall be the responsibility of the Principal, Saturday School of Community Languages.  The Principal shall consider the following matters in the allocation to Centres and classes:

 

5.1.1    continuity of educational programs;

 

5.1.2    distance travelled from home to centre; and

 

5.1.3    curriculum needs of the centre.

 

6.  Duties as Directed

 

6.1       The Secretary, his/her delegate, nominee or representative may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classifications covered by the award and provided that such duties are not designed to promote de-skilling.

 

6.2       The Secretary may direct an employee to carry out such duties and use such tools, materials and equipment as may be required, provided that the employee has been properly trained in the use of such tools, materials and equipment.

 

6.3       Any directions issued by the Secretary pursuant to subclauses 6.1 and 6.2 of this clause shall be consistent with the Secretary’s responsibility to provide a safe and healthy working environment.

 

7.  Remuneration

 

7.1       Rates of pay shall be paid in accordance with Table 1, Remuneration, Monetary Rates  to this schedule. The rates of pay for employees are as set out in Table 1 - Remuneration, Monetary Rates, to this schedule.

 

7.2       Subject to clause 8, Travel Expenses, the above rates of pay are fully inclusive rates which incorporate remuneration for all terms and conditions of employment.

 

7.3       Supervisors, Assistant Supervisors and Curriculum Coordinators shall be paid no less than the Saturday sessional rates as prescribed in the said Table 1 for administrative, supervisory and curriculum coordination work undertaken at a Centre.  Saturday sessional rates include payment for incidental work such as securing premises and resources, peak time administrative duties, irregular consultations with students, parents and staff, and the parent/teacher meetings and presentation days as set down in the Saturday School calendar.

 

7.4       Sessional work on a Saturday for Supervisors, Assistant Supervisors and Curriculum Co-ordinators shall be of four hours duration, unless otherwise determined by the Principal, Saturday School of Community Languages in consultation with the employee and with due notice and shall be remunerated at the sessional rates prescribed in Table 1, Monetary Rates.

 

7.5       Where a Supervisor, Assistant Supervisor or Curriculum Coordinator is required by the Principal, Saturday School of Community Languages to work at a Centre, hours additional to the four sessional hours specified in subclause 7.4 of this clause, including regular additional hours to meet the ongoing needs of particular Centres, remuneration for these hours shall be paid at the hourly rates prescribed in Table 1 for each additional hour that they are required to work.  Periods of less than one hour shall be remunerated in intervals of 30 minutes or part thereof.

 

7.6       Saturday School Community Language Teachers and Conditionally Approved Saturday School Community Language Teachers shall be paid the hourly rates of pay prescribed in Table 1.  The approved paid hours for these classifications of teachers shall be as follows:

 

7.6.1    Year 7 - 10 classes - 2.75 hours per week

 

7.6.2    Years 11 - 12 Continuers and Background Speakers course classes - 3.75 hours per week

 

7.6.3    Year 12 Extension course classes - an additional one hour per week.

 

7.7       For an Appointed Saturday School Community Language Teacher, Casual Saturday School Community Language Teacher or Conditionally Approved Saturday School Community Language Teacher to be entitled to payment for hours in addition to those prescribed in subclause 7.6 of this clause, prior approval to work the additional hours must be obtained from the Principal, Saturday School of Community Languages. Additional hours shall be remunerated at the hourly rates prescribed in Table 1. Periods of less than one hour shall be remunerated in intervals of 30 minutes or part thereof.

 

7.8       An Appointed Saturday School Community Language Teacher, Casual Saturday School Community Language Teacher and Conditionally Approved Saturday School Community Language Teachers approved paid hours as prescribed in subclause 7.6 include 0.5 hours preparation time and 0.25 hours playground duty.

 

7.9       During the 0.5 hours preparation time Appointed Saturday School Community Language Teachers,  Casual Saturday School Community Language Teachers and Conditionally Approved Saturday School Community Language Teachers may be required to be present at their Centres, if considered necessary by the Supervisor, for consultation with staff, students and/or parents.

 

7.10     Salary packaging

 

7.10.1 For the purposes of this clause "salary" means the salary or rates of pay prescribed for the employee's classification by Table 1 and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

7.10.2 An employee may, by agreement with the employer, enter into a salary packaging arrangement including salary sacrifice to superannuation where they may convert up to 100% of their salary to other benefits.

 

Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged. Such payroll deductions may include but are not limited to, compulsory superannuation payments, HECS payments, child support payments, judgment debtor/garnishee orders, union fees, health fund premiums.

 

7.10.3 The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and employer, will be provided in a separate written agreement, in accordance with the Department’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

7.10.4 Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

7.10.4.1           any fringe benefits tax liability arising from a salary packaging arrangement; and

 

7.10.4.2           any administrative fees.

 

7.10.5 Where the employee makes an election to salary package the following payments made by the employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

7.10.5.1           Superannuation Guarantee Contributions;

 

7.10.5.2           any salary-related payment including but not limited to allowances and workers compensation payments; and

 

7.10.5.3           payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

8.  Travel Expenses

 

8.1       Where an employee is required and authorised to travel in the performance of their duties, reimbursement for travel expenses shall be paid in accordance with the provisions applying to other Departmental teachers. 

 

8.2       Employees are not regarded as teachers timetabled to teach in more than one school when determining reimbursement for travel expenses.

 

9.  Training and Development

 

9.1       The Department confirms its commitment to training and development for employees and shall provide appropriate training and development opportunities to meet this commitment within the context of the needs and priorities of the Saturday School of Community Languages.  The Department has an expectation that employees shall attend appropriate staff development and curriculum co-ordination activities.  The appropriateness of the activities shall be determined by the Principal, Saturday School of Community Languages in consultation with Supervisors.

 

9.2       Employees recognise the importance of maintaining and updating their skills for the benefit of the students of the Saturday School of Community Languages.

 

9.3       Approved attendance at training and development courses and staff development and curriculum co-ordination activities shall be remunerated as additional hours in accordance with subclauses 7.5 or 7.7 of clause 7, Remuneration.

 

9.4       Conditionally Approved Saturday School Community Language Teachers shall have the opportunity to undertake an appropriate language methodology course as determined by the Secretary following consultation with the Federation.  Any time spent on workshop components of such a course up to a maximum of fifty-five hours shall be paid. Time spent on any workshop components of an appropriate language methodology course as determined by the Secretary shall be paid at the hourly rate prescribed for Conditionally Approved Saturday School Community Language Teachers as set out in Table 1 - Monetary Rates.  Such payment shall be made for each workshop attended.  Payment shall be made at the conclusion of the course.

 

10.  Recognition of Service

 

10.1     Employees holding a Departmental approval to teach in regular government schools in New South Wales, not otherwise permanently employed by the Department, shall have service at the Saturday School of Community Languages from 4 August 1995 recognised as service with the Department, on the basis that each six approved paid hours at the Saturday School of Community Languages, pursuant to clause 7, Remuneration shall be equivalent to one day of service.

 

10.2     Employees holding a Departmental approval to teach in regular government schools in NSW but not otherwise permanently employed by the Department shall have service at the Saturday School of Community Languages from 4 August 1995 recognised for the purposes of incremental progression on permanent appointment to the Department.

 

11.  Anti-Discrimination

 

11.1     It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

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

 

11.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

11.4.3 any act of practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1997;

 

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

 

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

 

12.  Parental Leave and Other Entitlements

 

12.1     Employees will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996, if they meet the definition of a regular casual employee (see section 53(2) of the Industrial Relations Act 1996). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

12.1.1 The Secretary must not fail to re-engage an employee who meets the definition of a regular casual employee because:

 

(i)         the employee or employee's spouse is pregnant; or

 

(ii)        the employee is or has been immediately absent on parental leave.

 

The rights of the Secretary in relation to engagement and re-engagement of employees are not affected, other than in accordance with this clause.

 

12.2     Personal Carers Entitlements

 

12.2.1 Employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in 12.4.2 below who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.  This entitlement is subject to the evidentiary requirements set out below in 12.2.4, and the notice requirements set out in 12.2.5.

 

12.2.2 The Secretary and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The employee is not entitled to any payment for the period of non-attendance.

 

12.2.3 The Secretary must not fail to re-engage an employee because the employee accessed the entitlements provided for in this clause. The rights of the Secretary to engage or not to engage an employee are otherwise not affected.

 

12.2.4 The employee shall, if required,

 

(i)         establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)        establish by production of documentation acceptable to the Secretary or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

12.2.5 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day of such absence, inform the Secretary of their inability to attend for duty. If it is not reasonably practicable to inform the Secretary during the ordinary hours of the first day of such absence, the employee will inform the Secretary within 24 hours of the absence.

 

12.3     Bereavement entitlements

 

12.3.1 Employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the Secretary).

 

12.3.2 The Secretary and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The employee is not entitled to any payment for the period of non-attendance.

 

12.3.3 The Secretary must not fail to re-engage a employee because the employee accessed the entitlements provided for in this clause. The rights of the Secretary to engage or not engage a employee are otherwise not affected.

 

12.3.4 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Secretary of their inability to attend for duty. If it is not reasonably practicable to inform the Secretary during the ordinary hours of the first day or shift of such absence, the employee will inform the Secretary within 24 hours of the absence.

 

12.4     The entitlement in accordance with this clause is subject to:

 

12.4.1 the employee being responsible for the care and support of the person concerned; and

 

12.4.2 the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        a de facto spouse, being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(iii)       a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or of the de facto spouse of the employee; or

 

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

 

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

 

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

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

13.  Dispute Resolution Procedures

 

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

 

13.1.1 Should any dispute (including a question or difficulty) arise as to matters occurring in a particular workplace, then the employee and/or the Federation’s workplace representative shall raise the matter with the appropriate Principal or Supervisor as soon as practicable.

 

13.1.2 The Principal or Supervisor shall discuss the matter with the employee and/or the Federation’s workplace representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

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

 

13.2     Where the above procedures in subparagraph 13.1 do not lead to a resolution of the dispute, the matter shall be referred to the Deputy Secretary Corporate Services of the Department and the Branch Secretary of the Federation.  They or their nominees shall discuss the dispute with a view to resolving the matter or negotiating an agreed method and time frame for proceeding.

 

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

 

14.  Goods and Services Tax

 

14.1     The parties shall monitor the overall impact of the Commonwealth Government’s goods and services tax through the term of the award. In the event that the Industrial Relations Commission makes a State decision (as defined by section 49 of the Industrial Relations Act 1996) having regard to the impact on wages of the goods and services tax, the Federation reserves the right to make application to the Industrial Relations Commission in relation to that decision.

 

15.  Deduction of Union Membership Fees

 

15.1     The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

15.2     The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

15.3     Subject 16.1 and 16.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

15.4     Monies so deducted from employees' pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

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

 

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

 

16.  Secure Employment

 

16.1     A Casual Saturday School Community Language Teacher engaged on a regular and systematic basis during two consecutive terms (equivalent to 20 Saturdays) in a calendar year shall thereafter have the right to elect to have his or her ongoing contract of employment converted to Appointed Saturday School Community Language Teacher status if the position is to continue beyond the conversion process prescribed by this clause. Casual engagements which do not give a teacher the right to elect because that would contravene paragraph 16.4 will be identified on engagement.

 

16.2     The Department shall give the Casual Saturday School Community Language Teacher notice in writing of the provisions of this clause within four weeks of the Casual Saturday School Community Language Teacher having attained such period of two consecutive school terms. However, the Casual Saturday School Community Language Teacher retains his or her right of election under this clause if the Department fails to comply with this notice requirement.

 

16.3     Any Casual Saturday School Community Language Teacher who has a right to elect under subclause 16.1, upon receiving notice under subclause 16.2 or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Department that he or she seeks to elect to be converted to Appointed Saturday School Community Language Teacher status and within four weeks of receiving such notice from the Casual Saturday School Community Language Teacher, the Department shall consent to or refuse the election, but shall not unreasonably so refuse.

 

16.4     When deciding whether to consent or refuse an election made in accordance with paragraph 16.3, the Department will not consent to conversion if conversion would result in the Casual Saturday School Community Language Teacher being appointed to a position which is already occupied by an Appointed Saturday School Community Language Teacher who is on leave or otherwise absent.

 

16.5     Where the Department refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the Casual Saturday School Community Language Teacher concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

16.6     Any Casual Saturday School Community Language Teacher who does not, within four weeks of receiving written notice from the Department, elect to convert his or her ongoing contract of employment will be deemed to have elected against any such appointment.

 

16.7     If there is any dispute about the arrangements to apply to a Casual Saturday School Community Language Teacher electing to be appointed, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

16.8     A Casual Saturday School Community Language Teacher must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

 

16.9     This clause will take effect for appointments commencing in 2007.

 

17.  Work, Health and Safety

 

17.1     For the purposes of this clause, the following definitions shall apply:

 

17.1.1 A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer

 

17.1.2 A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

17.2     If the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

17.2.1 consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

17.2.2 provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely.

 

17.2.3 provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

17.2.4 ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

17.3     Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

Schedule 12

 

Table 1 - Remuneration, Monetary Rates

 

Saturday School of Community Languages

 

 

 

SCHEDULE 13

 

Australian Professional Standards for Teachers

 

Standard 1 - know students and how they learn

 

 

 

Standard 2 - know the content and how to teach it

 

 

Standard 3 - plan for and implement effective teaching and learning

 

 

 

 

Standard 4 -create and maintain supportive and safe learning environments

 

 

 

Standard 5 -assess, provide feedback and report on student learning

 

 

Standard 6 - engage in professional learning

 

 

Standard 7 - engage professionally with colleagues, parents/carers and the community

 

 

 

 

 

I. TABBAA, Acting Chief Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.