An150158 Teachers (decs) Award
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A teacher who is pregnant or is entitled to parental leave may, by agreement with the Chief Executive, reduce the teacher’s hours of employment to an agreed extent subject to the following conditions: 6.7.12.1 Where the teacher is pregnant, and to do so is necessary or desirable because of the pregnancy; or 6.7.12.2 Where the teacher is entitled to parental leave, by reducing the teacher’s entitlement to parental leave for the period of such agreement. 6.7.13 Communication during parental leave 6.7.13.1 Where a teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Chief Executive shall take reasonable steps to: (a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave; and (b) provide an opportunity for the teacher to discuss any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave. 6.7.13.2 The teacher shall take reasonable steps to inform the Chief Executive about any significant matter that will affect the teacher’s decision regarding the duration of parental leave to be taken, whether the teacher intends to return to work and whether the teacher intends to request to return to work on a part-time basis. 6.7.13.3 The teacher shall also notify the Chief Executive of changes of address or other contact details which might affect the Chief Executive’s capacity to comply with 6.7.13.1. 6.7.14 Return to work after parental leave 6.7.14.1 A teacher must confirm the teacher’s intention to return to work, by notice in writing, to the Chief Executive given at least four weeks before the end of the period of parental leave. 6.7.14.2 On returning to work after parental leave a teacher is entitled: (a) to the position which the teacher held immediately before commencing parental leave; or (b) in the case of a teacher who was transferred to a safe job, to the position which she held immediately before the transfer. 6.7.14.3 If the teacher’s previous position no longer exists but there are other positions available which the teacher is qualified for and is capable of performing, the teacher is entitled to a position as nearly as comparable in status and pay to that of the teacher’s former position. 6.7.14.4 If a suitable appointment cannot be offered to that teacher parental leave may be extended beyond the period previously approved and, if necessary, to the end of the vacation period following the end of the term during which notice of intention to return to duty was given. In this case the 52 weeks limit will not apply. 6.7.15 Right to request 6.7.15.1 A teacher entitled to parental leave pursuant to clause 6.7.3, may request the Chief Executive to allow the teacher: (a) to extend the period of simultaneous unpaid leave provided for in clause 6.7.3.3(a) and 6.7.3.4(a) up to a maximum of eight weeks; (b) to extend the period of unpaid parental leave provided for in 6.7.3.2 by a further continuous period of leave not exceeding 12 months; (c) to return to work from a period of parental leave on a part-time basis until the child reaches school age, to assist the teacher in reconciling work and parental responsibilities. 6.7.15.2 The Chief Executive shall consider the request having regard to the teacher’s circumstances and, provided the request is genuinely based on the teacher’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on the school. 6.7.15.3 The teacher’s request and the employer’s decision made under 6.7.15.1(b) and (c) must be recorded in writing. 6.7.15.4 Where a teacher wishes to make a request under 6.7.15.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the teacher is due to return to work from parental leave. 6.7.16 Termination of employment 6.7.16.7 A teacher on parental leave may terminate their employment at any time during the period of leave by giving the required notice. 6.7.16.2 The Minister must not terminate the employment of a teacher on the ground of her pregnancy or a teacher’s absence on parental leave. Otherwise the rights of the Minister in relation to termination of employment are not affected by this clause. 6.7.17 Replacement teachers 6.7.17.1 A replacement teacher is a teacher specifically engaged or temporarily promoted or transferred, as a result of a teacher proceeding on parental leave. 6.7.17.2 Before an Chief Executive engages a replacement teacher the employer must inform that person of the temporary nature of the employment and of the rights of the teacher who is being replaced. CLAUSE 6.8 WAR SERVICE SICK LEAVE OPDATE 17:12:98 on and from War service sick leave may be granted by the Chief Executive to teachers who submit evidence that they are absent because of a disability accepted by the Commonwealth Repatriation Board as due to war service in accordance with the following provisions - 1. A non-accumulative credit of nine weeks as from the first July, 1955, or the date of joining the teaching service, whichever is the later, each ex-serviceman is granted a special non-accumulative war service sick leave credit of nine weeks, i.e., 45 working days. 2. An accumulative credit of three weeks annually - (1) On and from the 1st July, 1964 or the date of joining the teaching service, whichever is the later, each ex- serviceman may be granted an additional three weeks war service sick leave credit annually, i.e., 15 working days. (2) This entitlement will accumulate for three years, i.e., 45 working days, and re-accumulate if any portion thereof is used, so that the maximum credit which may be accumulated is 45 working days inclusive of existing accumulative credit. (3) This accumulative credit can be utilised only when the non-accumulative credit in sub-clause (1) of this clause has been exhausted. CLAUSE 6.9 OFFICERS ON SECONDMENT OPDATE 15:03:2006 on and from 1. Officers who are seconded to carry out duties under the direction of professional officers engaged in administration or supervision of education will be paid the following allowances: (1) A responsibility allowance of 4.75 percent per annum of incremental step 6 in Schedule 1 of this award. (2) A loss of conditions allowance of 3.5 percent per annum of incremental step 6 in Schedule 1 of this award, where such officers, as a condition of their secondment are subject to the same hours of work and recreation leave as officers covered by the Public Sector Management Act, 1995 (as amended).
No officers receiving a substantive salary in excess of that prescribed for Primary Principal 2 or Deputy Principal Secondary will receive either the responsibility allowance or the loss of conditions allowance prescribed above. The responsibility allowances prescribed in this clause will be in substitution for and not cumulative upon the allowances provided in Schedule 1, Head Teacher Rural School. CLAUSE 6.10 BEREAVEMENT LEAVE OPDATE 24:03:2006 on and from 6.10.1 Entitlement to leave A teacher (other than a casual teacher), on the death of a:
is entitled, on reasonable notice, to leave up to and including the day of the funeral of the relative. This leave is without deduction of pay for a period not exceeding 2 ordinary days work. Proof of death must be furnished by the teacher to the satisfaction of the Chief Executive, if requested. 6.10.2 Unpaid entitlement to leave A teacher may take unpaid bereavement leave by agreement with the Chief Executive. 6.10.3 Effect of other leave This clause has no operation where the period of entitlement to this leave coincides with any other period of leave. CLAUSE 6.11 PERSONAL LEAVE TO CARE FOR A FAMILY MEMBER OPDATE 24:03:2006 on and from 6.11.1 Definitions 6.11.1.1 ‘Personal leave (previously known as family carer’s leave) to care for a family member’ means leave provided in accordance with this clause. 6.11.1.2 Family - the following are to be regarded as members of a person's family: (a) a spouse; (b) a child or step child; (c) a parent or parent in-law; (d) any other member of the person's household; (e) a grandparent or grandchild; (f) any other person who is dependent on the person's care. 6.11.1.3 ‘Personal leave’ means leave provided for in accordance with clause 6.1. 6.11.2 Paid personal leave to care for a family member 6.11.2.1 A teacher with responsibilities in relation to a member of the teacher’s family who need the teacher’s care and support: (a) due to personal injury; or (b) for the purposes of caring for a family member who is sick and requires the teacher’s care and support or who requires care due to an unexpected emergency, is entitled to up to 10 days in any completed year of continuous service to provide care and support for such persons when they are ill. 6.11.2.2 By agreement between the Chief Executive and an individual teacher, the teacher may access an additional amount of their accrued personal leave for the purposes set out in this clause. In such circumstances, the Chief Executive and the teacher shall agree upon the additional amount that may be accessed. 6.11.2.3 The entitlement to use personal leave to care for a family member is subject to the teacher being responsible for the care of the person concerned. 6.11.2.4 The teacher must, if required by the Chief Executive, establish 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. 6.11.2.5 In normal circumstances a teacher must not take personal leave to care for a family member where another person has taken leave to care for the same person. 6.11.2.6 The teacher must, where practicable, give the Chief Executive notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the teacher, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher must notify the Chief Executive by telephone of such absence at the first opportunity on the day of the absence. 6.11.2.7 The amount of personal leave to care for a family member taken is to be deducted from the amount of the teachers personal leave credit. 6.11.3.1 Where a teacher has exhausted all paid personal leave entitlements, a teacher may elect, with the consent of the Chief Executive, to take unpaid leave for the purpose of providing care to a family member who is ill or who requires care due to an unexpected emergency. 6.11.3.2 The Chief Executive and the teacher shall agree upon the period of unpaid personal leave to care for a family member which may be taken. 6.11.3.3 In absence of the agreement between the Chief Executive and the teacher, the teacher is entitled to take up to two days of unpaid leave per occasion, provided that notice and evidentiary requirements are met. 6.11.4 Temporary relieving teachers responsibilities 6.11.4.1 Casual teachers are not entitled to personal leave to care for a family member or bereavement leave but subject to the notice and evidentiary requirements in 6.10 and 6.11, casuals are entitled to not be available to attend work, or to leave work: (a) to care for a member of their family who is sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or (b) upon the death of a family member. 6.11.4.2 The period for which the teacher will be entitled to not be available to attend work for each occasion in clause 6.11.4.1 is: (a) the period agreed upon between the Chief Executive and the teacher; or (b) up to 48 hours (or 2 days) per occasion. 6.11.4.3 The casual teacher is not entitled to any payment for the period of non-attendance under this clause. 6.11.4.4 A Chief Executive must not fail to re-engage a casual teacher because the teacher accessed the entitlement provided for under this clause. The rights of a Chief Executive to engage or not to engage a casual teacher are otherwise not affected. 6.11.4.5 This clause does not intend to alter the nature of casual employment and is without prejudice to any parties’ arguments about the nature of casual employment. SCHEDULE 1. SALARIES OPDATE 15:03:2006 on and from (clauses 1.1 & 7A) OPDATE 26:11:2005 1st pp on or after (SWC 2005) 1. TEACHERS IN PRIMARY, JUNIOR PRIMARY AND SECONDARY SCHOOLS
1.2 (1) A teacher shall be paid in accordance with the above salary range with minimum salaries appropriate to the incremental step specified in the schedule below. (2) The commencing salary for a teacher on appointment shall be the minimum salary prescribed for the qualifications in respect of which he or she has either been awarded or has completed the relevant requirements, plus credit for previous teaching experience on the basis set out in sub clause (3) below provided that, where a person has not gained significant teaching experience for a period of five calender years or more immediately prior to appointment, then the commencing salary shall be reduced by one incremental step. (3) On appointment a teacher shall be entitled to an incremental progression credit calculated in accordance with Clause 4.2 of this award. Any balance of teaching experience not reflected in the commencing salary will be brought forward as credit towards the next incremental step provided that in the case of a full-time officer the next higher increment shall fall due on the first anniversary of the date of commencement of duty less a number of calendar days to reflect the period(s) of prior experience to be recognised, if any, calculated as follows:
Provided that where the above formula brings forward the next incremental date from a date after the 29 February in any leap year to a date prior to the 29 February the figure 366 shall be substituted for 365 in the formula. In the event of any dispute arising as to whether the above provisions should be applied in a particular case it shall be dealt with by the Commission.
1.4 After appointment where a teacher: (1) Who is not a graduate and who subsequently completes the requirements for a Bachelor of Teaching, aBachelor of Education or a degree, shall be given credit for one additional increment. (2) Who is not a graduate and who subsequently completes the requirements for an honours degree or a higher degree shall be given credit for two additional increments. (3) Who is a graduate but not an honours graduate or the holder of a higher degree and who subsequently completes the requirements for an honours degree or a higher degree shall be given credit for one additional increment provided that such advancement shall only be available where the Chief Executive has determined that such honours degree or higher degree is relevant to both the professional development of the teacher and the needs of the Department. (4) Who holds a Bachelor of Teaching and subsequently completes any of the Graduate Diplomas in Teaching or a Graduate Diploma in Education or holds a degree and subsequently completes a Graduate Diploma in Education, shall be credited with one additional increment. 1.5 All increments payable to teachers under sub clause 1.4 are subject to the minimum step provisions prescribed for in sub clause 1.3 hereof. 1.6 All increments payable pursuant to sub clause 1.4 hereof shall be effective from the first day of the month following the conclusion of the term or semester in which the course was completed, except where the term or semester concludes between 1 September and 31 December payment will be made from 1 January in the year following the year in which the requirements are completed. 1.7 The requirements for a tertiary qualification shall be deemed to be completed for the purposes of this clause if the teacher obtains from the tertiary institution concerned a statement of academic record indicating:
6. PRINCIPAL AND DEPUTY PRINCIPAL CLASSIFICATION STRUCTURE (a) The rate of pay to apply on and from 1 July 1997 for a person occupying a position immediately prior 1 July 1997 in the following categories, namely: Junior Primary Deputy Principal, Primary Deputy Principal, Primary Principal 3, Area Deputy Principal, Area Principal Class 3, Secondary Deputy Principal, Primary Principal 2, Junior Primary Principal 1, Area Principal Class 2, Secondary Principal 2, Primary Principal 1, Area Principal Class 1, Secondary Principal Class 1, Junior Primary Principal A, Primary Principal A, Area Principal Class A and Secondary Principal Class A, will be the rate applicable to the classification of the principal or deputy principal positions in schools in the classification structure PCO1 - PCO8. (b) The classification of principal and deputy principal positions in schools which replaces the classifications referred to in the preceding paragraph on and from 1 July 1997, will determine the salary of the person occupying such position. The classification structure and rates to apply on and from 1 July 1997, will be as follows:
where PCO1 is the lowest classification level and PCO8 is the highest classification level. (c) Where a deputy principal position in a school is established, the deputy principal position shall be classified in relation to the classification level of the principal position at that particular school, as determined by the following table:
(d) Those persons who are not appointed to a principal or deputy principal position at the end of any fixed term appointment (FTA) as a principal or deputy principal will be entitled to a placement and a “guaranteed salary”; (1) In the case of permanent employees with a substantive classification of principal or deputy principal immediately prior to 1 July 1997, the “guaranteed salary” will be the salary as shown in the table appearing in (e) below. (2) In the case of permanent employees who occupy a position of principal or deputy principal at 1 July 1997 on a FTA basis, and who have become entitled, or will become entitled to a deputy principal “fallback” position because they have held appointments made prior to 1 July 1997 as a principal or deputy principal or a combination of such appointments continuously for five years, the “guaranteed salary” of the appropriate deputy principal position will be the salary as shown in the table appearing in (e) below. The category of deputy principal position for “fallback” purposes is the category of school to which the person was appointed at the time of gaining the “fallback” entitlement. (e) The following table will be used for the purpose of determining the “guaranteed salary” to apply on and from 1 December 1998, for persons subject to subclause (d) above:
The hourly rate determined by the Chief Executive for Instructor Class 1 shall fairly recognise the qualifications and experience of the Instructor and the work to be performed having regard to minimum and maximum rates as prescribed. Any dispute as to the rate payable shall be heard and determined in accordance with the dispute resolution procedure of the Award and may be referred to the Commission. (2) Instructors engaged for the purpose of driving instruction or swimming instruction shall be paid the rate payable to an Instructor Class IV. (3) Instructors in charge of swimming centres shall be paid at the rate applicable to the next class above that applicable to the swimming instructors whom they supervise. 7A SWIMMING AND AQUATIC INSTRUCTORS
8. SUPERVISION OF PRACTICAL TEACHER TRAINING Principals or teachers delegated by them, who are engaged in the supervision of training duties shall be paid at the rate of $0.83 per student per day subject to Clause 5.11.1 of the award. Teachers who are engaged in training duties shall be paid $17.40 per day subject to Clause 5.11.2 of the award. 9. TEACHERS OF SPECIAL CLASSES Teachers who are appointed as teachers of special classes shall be paid an allowance of $913 per annum. 10. SAFETY NET ADJUSTMENTS 10.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the State Wage Case July 2005. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Case principles or under the current Declaration, excepting those resulting from enterprise agreements, or award variations to give effect to enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 10.2 The rates of pay in this award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply. Yüklə 0,51 Mb. Dostları ilə paylaş:
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