An150159 Teachers (Non-Government Schools) Award
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| Part-Time Employees
4.3.3.1 A part-time employee is one who is engaged in work regularly but for less than a full school week and less than the total number of teaching periods worked by a full-time teacher at that school during a full school week. 4.3.3.2 Part-time employees, other than employees engaged on a casual basis, will be entitled to the leave provisions as detailed in Part 6 of this Award. 4.3.3.3 A part-time employee can reasonably be expected to participate in all school related activities on those days on which that employee normally works at the school and such other times as are negotiated with the employer. 4.3.3.4 Each appointment of a part-time employee will be expressed as a decimal fraction (eg. 0.55) being the ratio of the number of contact hours allocated to the part-time teacher to the number normally allocated to a full-time employee at that school. 4.3.4 Replacement Employees 4.3.4.1 A replacement employee is one who is hired for a period mutually agreed between the employer and the employee. 4.3.4.2 A replacement employee may be hired to replace an employee absent on approved leave of any kind. However, the replacement employee does not have to fill the position vacated by the employee on leave. 4.3.4.3 Before an employer hires a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 4.3.4.4 Either party may terminate the contract of hiring by providing 2 weeks notice in writing. 4.3.4.5 If the required notice of termination is not given, the employer must pay or the employee must forfeit as the case may require, a sum equal to the salary difference between the period of notice actually given and the period of notice required. 4.3.4.6 Replacement employees hired for less than a full school term are paid at the casual rate. 4.3.4.7 Replacement teachers hired for a full term or more must be paid at their appropriate incremental step with pro-rata entitlement to sick leave, annual leave and annual leave loading. 4.3.5 Temporary Employees 4.3.5.1 An employee may be hired on a temporary basis for a period not exceeding 12 months to: 1. Fill an unforeseen vacancy pending filling of the position on a permanent basis. 2. Fill a position established on a trial basis eg. consequent upon experimental curriculum change. 3. Fill a position sustained by specific purpose qualified funding provided by the Government. 4. Provide additional teaching staff for temporary increases in enrolments at the school which occur after the commencement of the school year. 4.3.5.2 Either party may terminate the contract of hiring by providing 2 weeks notice in writing. 4.3.5.3 If the required notice of termination is not given, the employer must pay or the employee must forfeit as the case may require, a sum equal to the salary difference between the period of notice actually given and the period of notice required. 4.3.5.4 Temporary teachers hired for less than a full school term are paid at the casual rate. 4.3.5.5 Temporary teachers hired for a full term or more must be paid at their appropriate incremental step with pro-rata entitlement to sick leave, annual leave and annual leave loading. 4.3.6 Casual Employees 4.3.6.1 A casual employee is one hired and paid by the day for a period mutually agreed between the employer and the employee. 4.3.6.2 The contract of hiring may be terminated by either party on the giving of one days notice. 4.3.6.3 Where the required notice of termination is not given, the employer must pay or the employee must forfeit the salary which would have been payable for the next days employment. 4.3.6.4 Casual employees cannot be reappointed to the same position or in the same capacity for longer than one continuous school term. 4.3.6.5 Casual employees may be employed for less than a full day but not for less than 3 consecutive hours. CLAUSE 4.4 TERMINATION OF EMPLOYMENT OPDATE 14:11:2002 on and from 4.4.1 Notice of Termination by Employer 4.4.1.1 In order to terminate the employment of an employee, the employer must give the employee 12 weeks notice in writing. 4.4.1.2 Payment in lieu of notice must be made if the appropriate notice period is not given. 4.4.1.3 The period of notice in this clause does not apply in the case of: 1. dismissal for conduct that at common law justifies instant dismissal; 2. summary dismissal for serious neglect of duty, wilful and/or serious misconduct, refusal to obey any reasonable order, persistent absence from duty without proper cause; 3. replacement employees; 4. temporary employees; 5. casual employees. 4.4.2 Notice of Termination by Employee 4.4.2.1 In order to terminate employment an employee must give the employer at least 12 weeks notice in writing with active duty to conclude on the last day of the term. This provision does not apply to replacement, temporary or casual employees. 4.4.2.2 The employer may, where reasonable cause exists, reduce or waive the required period of notice. 4.4.2.3 Where an employee does not give the appropriate notice, the employer may withhold payment of any salary and allowances outstanding to the credit of that teacher providing that the amount of money withheld does not exceed an amount of money which corresponds to the length of time by which the notice period was deficient. 4.4.3 Termination Due to Incapacity 4.4.3.1 If, in the opinion of the employer, an employee, who by reason of physical or mental incapacity, is not or would not be able to: 1. perform adequately the work genuinely and reasonably required for the employment or position in question; 2. perform the work without endangering him or herself or other persons; OR 3. respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; AND where a medical practitioner confirms that the incapacity is of a permanent nature, THEN the employer may retire the employee from his or her employment. 4.4.3.2 An employee who fulfils the above provisions must, upon the request of the employer, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. 4.4.3.3 An employee is entitled to use all sick leave credit before retirement under this clause. CLAUSE 4.5 REDUNDANCY OPDATE 14:11:2002 on and from 4.5.1 Definition Redundancy in this clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone, and redundant has a corresponding meaning. 4.5.2 Where an employer has made a definite decision that the employer no longer wishes the job the employees have been doing done by anyone and that decision may lead to termination of employment, the employer must have discussions as soon as practicable with the employees directly affected and with the unions. Discussions must include: 1. the reasons for the proposed terminations; 2. measures to avoid or minimise the terminations; 3. the criteria used for selection 4. measures to mitigate the adverse effects of any terminations on the employees concerned 4.5.3 For the purposes of such discussion the employer must as soon as practicable provide in writing to the employees concerned and the unions, all relevant information about the proposed terminations, including: 1. the reasons for the proposed terminations; 2. the number and categories of employees likely to be affected; 3. the number of employees normally employed; and 4. the period over which the terminations are likely to be carried out. No employer is required to disclose confidential information the disclosure of which when looked at objectively, would be against the employers interests. 4.5.4 Period of Notice of Termination on Redundancy or Partial Redundancy 4.5.4.1 If the services of an employee are to be terminated due to redundancy then the employee must be given written notice that in one terms time the position occupied by the employee will be declared redundant or partially redundant. 4.5.4.2 If the employer fails to give notice of termination as required the employer must pay to that employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. If an employer makes payment in lieu for all or any of the period of notice, then the period for which the payment is made shall be treated as service for the purpose of calculating any service related entitlements of the employee and shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1987, as amended. 4.5.4.3 If alternative employment cannot be provided at the end of the one term specified above, the employer may terminate the employment of the employee. The notice of termination must be in writing and must be accompanied by copies of all written endeavours to locate alternative employment. 4.5.5 Time Off During Notice Period 4.5.5.1 During the period of notice of termination given by the employer the employer must attempt to provide for the continuing employment of the employee by: 1. consulting with the Catholic Education Office, Independent Schools Board or other employing bodies; and 2. granting reasonable paid leave of absence to an employee being retrenched to attend interviews for alternative employment. 4.5.6 Severance Pay 4.5.6.1 In addition to the period of notice prescribed for termination in clause 4.5.4 above an employee whose employment is terminated by reason of redundancy is entitled to the following amounts of severance pay in respect of a continuous period of service: 12 weeks salary plus one weeks salary for each year or part year of continuous service with the employer up to a maximum of 12 weeks. (Total maximum is 24 weeks). 4.5.6.2 The severance payment with holiday leave, annual leave loading, long service leave payment and all other entitlements must be paid in a lump sum on the last working day of employment. 4.5.6.3 The employee must be provided with a statement detailing how the monetary entitlement was calculated. 4.5.6.4 The employee must be provided with a work reference including the reason for the termination of employment, the length of service and an evaluation of the work performed in that time. 4.5.6.5 An employer may apply to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 4.5.7 Employee Leaving During Notice An employee whose employment is terminated on account of redundancy may terminate his or her employment during the one term period provided above in clause 4.5.4.1 by the giving of at least 1 weeks notice in writing. In this case, the employee is entitled to the same benefits and payments under this clause as if remaining with the employer until the expiry of the notice period. The employee is not entitled to payment in lieu of notice. The employee will not be entitled to payment of wages beyond the resignation date. 4.5.8 Transfer of Entitlements An employee who is made redundant and who obtains employment in another non-government school and has existing award entitlements preserved will not be entitled to the severance payments detailed in clause 4.5.6.1. 4.5.9 Partial Redundancy 4.5.9.1 Where an employee is given notice of partial redundancy, the employee may within one month of receipt of such notice, elect to declare the position wholly redundant in which case all provisions of clause 4.5 in relation to total redundancy will apply. 4.5.9.2 Where partial redundancy is accepted by an employee a pro-rata compensatory severance payment in accordance with clause 4.5.6.1 will be provided to the employee at the date when the partial redundancy takes effect. CLAUSE 4.6 DISCIPLINARY ACTION OPDATE 14:11:2002 on and from 4.6.1 Summary Dismissal 4.6.1.1 If an employee is: 1. guilty of serious and wilful misconduct; OR 2. is persistently absent from duty without proper cause; OR 3. is guilty of serious and wilful neglect of duty; OR 4. refuses to obey any reasonable order; OR 5. for any other lawful cause of summary dismissal; the employer may terminate the employment of the employee without notice. 4.6.1.2 In the case of summary dismissal, salary will be paid up to the time of dismissal only. 4.6.2 Disciplinary Action and Dismissal in Other Circumstances 4.6.2.1 If an employee is negligent, inefficient, incompetent or unsatisfactory in the discharge of his or her duties, then the employer must inform the employee of the particulars in writing and provide counselling to assist the employee to overcome the inefficiencies or incompetence. 4.6.2.2 The procedure detailed above will be repeated over a period covering at least two terms before notice of termination is given to the employee. 4.6.2.3 Notice of termination will be in writing giving one terms notice and will state the reasons for the termination and details of the counselling provided. CLAUSE 4.7 EMPLOYMENT OUTSIDE THE SCHOOL OPDATE 14:11:2002 on and from 4.7.1 An employee must not undertake any other paid employment which, in the opinion of the employer, would interfere with the efficient discharge of the employees duties in the school, or in any way prejudice the interests of the school. 4.7.2 Employees must inform the employer of any paid employment undertaken outside of the school. CLAUSE 4.8 MEAL BREAK OPDATE 14:11:2002 on and from 4.8.1 An employee is entitled, each day, to a meal break between the hours of 11am and 2.30pm. 4.8.2 The meal break will be for not less than 30 minutes, except where an employee is rostered for supervision duties (on a particular day) during the students' lunch period, in which case the duration of the meal break will be not less than 20 minutes. 4.8.3 The meal break will be continuous and free of disruption scheduled by the employer. 4.8.4 The above provisions will not apply: 1. To a teacher who is absent from the school at the relevant time due to activities such as excursions or school camps; or 2. On days when students remain indoors because of inclement weather. 4.8.5 This clause will not operate so as to prevent a teacher undertaking activities with students or staff on a voluntary basis. PART 5 - WAGES AND RELATED MATTERS CLAUSE 5.1 PAYMENT OF SALARIES OPDATE 14:11:2002 on and from
OPDATE 14:11:2002 on and from The employer will make deductions from salaries as are at present authorised in writing by the employee and other deductions as may be agreed between the employee and the employer. CLAUSE 5.3 HIGHER DUTIES OPDATE 14:11:2002 on and from If an employee is required by the employer to perform duties applicable to a higher classification for a continuous period exceeding 5 working days, then the employee must be paid the rate prescribed for the higher classification for the entire period the work is undertaken. PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS CLAUSE 6.1 ANNUAL LEAVE OPDATE 14:11:2002 on and from
up to a maximum of the Australian Bureau of Statistics average weekly total earnings of all males applicable to the March quarter in the school year in which the payment is made. 6.1.2.4 The amount of annual leave loading for a part-time employee is the pro-rata fraction of the full-time equivalent amount as prescribed in clause 6.1.2.3. 6.1.2.5 An employee whose employment terminates during a school year or who in the initial year of employment commences work after the commencement of the school year will be granted pro-rata annual leave loading calculated in accordance with clause 6.1.2.3 or 6.1.2.4. CLAUSE 6.2 SICK LEAVE OPDATE 14:11:2002 on and from 6.2.1 Entitlement to Sick Leave An employee (other than a casual employee) who has a sick leave credit: 6.2.1.1 is entitled to take sick leave if the employee is too sick to work; 6.2.1.2 and who is on long service leave is entitled to take sick leave providing the employee has sufficient sick leave credit and produces a medical certificate covering the period of illness. 6.2.1.3 and who is absent on paid sick leave either on the working day immediately preceding or immediately following a public holiday or on both days is entitled to payment for that holiday without deduction from the sick leave credit of the employee. 6.2.2 Accrual of Sick Leave Entitlement 6.2.2.1 An employees entitlement to sick leave accrues as follows: 6.2.2.1.1 Full-time employees are entitled on or after the commencement of the initial year of service to 10 days leave at their normal rate of pay. 6.2.2.1.2 In the succeeding years of continuous service with that employer full-time employees are entitled on or after the commencement of each succeeding year of service to 10 days leave at their normal rate of pay. 6.2.2.1.3 Part-time employees are entitled to receive annually a pro-rata fraction of the -time entitlement. 6.2.2.2 An employees sick leave accumulates from year to year and any sick leave taken by the employee is deducted from the employees sick leave credit but no payment shall be made in lieu of sick leave. 6.2.2.3 Sick leave may be debited against an employees sick leave credit in half day units. 6.2.3 Conditions For Payment of Sick Leave 6.2.3.1 The employee is not entitled to payment for sick leave unless: 6.2.3.1.1 as soon as practicable prior to the commencement of the school day the employee gives the employer notice of the illness and the estimated duration of the absence; and 6.2.3.1.2 the employee, if requested by the employer, produces a medical certificate or other reasonable evidence of sickness. 6.2.4 Infectious Diseases 6.2.4.1 Where an employee is absent from duty and produces a medical certificate which states that the employee is suffering from one of the following diseases:
and a medical practitioner is of the opinion that in all probability the disease was contracted by the employee while on duty as a result of contact with the children or other employees of the school, then the employee must be granted special leave with pay not debited to the employees sick leave credit. 6.2.4.2 The leave granted under clause 6.2.4.1 cannot exceed 52 weeks in total, whether taken in one period or in broken periods for one particular disease. 6.2.4.3 Part time employees are entitled to leave under clause 6.2.4.1 on a pro rata basis but the leave granted cannot exceed 52 calendar weeks in total, whether taken in one period or in broken periods for one particular disease. CLAUSE 6.3 STAFF ABSENCES OPDATE 14:11:2002 on and from 6.3.1 Where an employee is absent and the absence is likely to be prolonged, the remaining employees will not normally be required to carry out the duties of the absent employee. 6.3.2 Where an employee is absent due to attendance at employer instigated activities such as conferences and school camps, the remaining employees will not be required to carry out the duties of the absent employee if this would involve them exceeding the normal teaching load at the school. CLAUSE 6.4 BEREAVEMENT LEAVE OPDATE 14:11:2002 on and from 6.4.1 On the death of a: 1. spouse 2. parent 3. parent-in-law 4. sister or brother 5. child or step-child 6. person demonstrated to the satisfaction of the employer to be a person of significant relationship to the employee an employee (other than a casual employee) is entitled on notice to leave up to and including the day of the funeral of the person. The leave will be with pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of the death must be provided by the employee to the satisfaction of the employer if requested. 6.4.2 Entitlement to Additional Bereavement Leave Subject to the same provisions of 6.4.1 where the leave in 6.4.1 has been exhausted, an employee is entitled to leave up to 2 school days on each occasion of a death of a relative. On each occasion of bereavement, additional leave, may, at the employees request and with the agreement of the employer, be provided on the following basis: 1. where paid leave is sought, it will be debited against the available sick leave credit of the employee. 2. where the sick leave credit of the employee has been exhausted and additional leave is sought the employee may apply for unpaid leave which will not be unreasonably refused by the employer. 6.4.3 Effect of Other Leave Clause 6.4 has no operation where the period of entitlement to this leave coincides with any other period of leave. CLAUSE 6.5 PARENTAL LEAVE OPDATE 14:11:2002 on and from 6.5.1 The following types of leave are forms of parental leave: adoption leave, extended adoption leave, special adoption leave, maternity leave, paternity leave, extended paternity leave, child rearing leave. 6.5.1.1 For the purposes of this clause: 6.5.1.1.1 continuous service means continuous service under a contract of employment and includes a period of paid leave of absence taken under an Act of Parliament or under this award or enterprise agreement. 6.5.1.1.2 employee includes a part-time employee but does not include an employee engaged in casual work. 6.5.1.1.3 spouse includes a defacto spouse. 6.5.1.2 Subject to the provisions of this clause, employees who have completed at least 12 months continuous service with their employer are entitled to parental leave. 6.5.1.3 Absence on parental leave does not break an employees continuity of service but it is not to be taken into account in calculating the employees period of service. 6.5.1.4 Employees may, in conjunction with parental leave, take Long Service Leave (or any part of it) to which they are entitled. 6.5.1.5 On returning to work after finishing parental leave, employees are entitled to the position they held immediately before starting parental leave. However, (i) if the employee was temporarily acting in, or performing the duties of, a position immediately before starting parental leave, the entitlement under this subclause relates to the employees substantive position; and (ii) if the former position is no longer available, the employee is entitled to an available position for which the employee is qualified and suited nearest in status and remuneration to the former position. 6.5.1.6 An employee may, providing the details are agreed with the employer, work part-time for any part of the period of parental leave without prejudice to the employees substantive position. 6.5.2 Maternity Leave 6.5.2.1 An employee who becomes pregnant is entitled to up to 52 weeks of maternity leave. 6.5.2.2 The employee must give at least 10 weeks written notice of her intention to take maternity leave. 6.5.2.3 Maternity leave cannot extend beyond the childs first birthday. 6.5.2.4 If required by the employer, an employee must produce to her employer a certificate from a duly qualified medical practitioner stating the expected date of her confinement. 6.5.2.5 An employer, by not less than 14 days notice in writing to the employee, may require her to commence maternity leave at any time within 6 weeks immediately prior to her presumed date of confinement unless the employee provides the employer with a medical certificate confirming fitness for work closer to the expected date of birth. 6.5.2.6 Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it will be the right of the employee to resume her substantive appointment at a time mutually agreed with the employer but which must not exceed 4 weeks from the date of notice by the employee that she intends to resume work. 6.5.2.7 Maternity leave and Extended Paternity Leave must not be taken concurrently. 6.5.3 Paternity Leave 6.5.3.1 A male full time employee is entitled to up to 5 school days paternity leave (of which a maximum of 2 days will be paid leave) at the time of the birth of a child to the employees spouse. 6.5.3.2 A male part time employee is entitled to up to 5 calendar school days paternity leave of which a maximum of 2 days will be paid leave subject to clause 6.5.3.3 below. 6.5.3.3 If the part time employee is engaged to work for less than 2 days per week, the paid leave will not exceed the number of days which the employee normally works in a week. 6.5.3.4 The employee must advise the employer as soon as practicable that he intends to take paternity leave. 6.5.3.5 Paternity leave may be extended to a maximum of 52 weeks where the employee becomes the primary care giver of the child. This leave will be known as Extended Paternity Leave. 6.5.3.6 Extended Paternity Leave cannot be taken concurrently with maternity leave. 6.5.3.7 Extended Paternity Leave cannot extend beyond the childs first birthday. 6.5.3.8 Extended Paternity Leave is reduced by a period of maternity leave taken by the employees spouse. 6.5.4 Adoption Leave 6.5.4.1 Employees are entitled to Adoption Leave. 6.5.4.2 Adoption Leave is leave without pay and is available at the time of the placement of the child. 6.5.4.3 Adoption Leave may be extended to a maximum of 52 weeks where the employee is the primary care giver of the child. This leave will be known as Extended Adoption Leave. 6.5.4.4 Extended Adoption Leave is reduced by a period of Extended Adoption Leave taken by the employees spouse. 6.5.4.5 Special Adoption Leave is leave without pay and is available for the purpose of obtaining custody of a child overseas or for attending interviews, workshops or examinations. Special Adoption Leave may be taken concurrently with Special Adoption Leave taken by the employees spouse. 6.5.5 Child Rearing Leave 6.5.5.1 In addition to Maternity Leave, Paternity Leave and Adoption Leave, employees are entitled to Child Rearing Leave for a maximum of 52 weeks. 6.5.5.2 Child Rearing Leave is leave without pay and is available only for the care of pre-school age children. 6.5.5.3 Employees must, not less than 10 weeks prior to the proposed start of Child Rearing Leave, give the employer written notice of the dates on which they propose to start and finish the period of leave. Employees are not in breach of this requirement if in compelling circumstances they are required to become the primary care-giver of a child. CLAUSE 6.6 CARERS LEAVE OPDATE 14:11:2002 on and from 6.6.1 Definitions 6.6.1.1 Immediate family or household includes a spouse, child or an adult child, parent, grandparent, grandchild or sibling of the employee. 6.6.1.2 Personal leave means an employees entitlement to sick leave and/or bereavement leave. 6.6.2 Carers Leave 6.6.2.1 An employee with responsibilities in relation to members of their immediate family or household who need their care and support is entitled to use up to 5 days per annum of their personal leave entitlement to provide care and support for these persons when they are ill. Leave may be taken for part of a single day. 6.6.2.2 The entitlement to use carers leave is subject to the employee being responsible for the care of the person concerned. 6.6.2.3 The employee must, if required by the employer, 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. 6.6.2.4 In normal circumstances an employee must not take carers leave where another person has taken leave to care for the same person. 6.6.2.5 The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking the leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of the absence. 6.6.2.6 Each day or part of a day of carers leave taken is to be deducted from the amount of personal leave. The employee must nominate which category(s) of personal leave the employee requires the carers leave to be deducted from. 6.6.2.7 An employee is entitled to use accumulated sick leave as paid carers leave if the employee has used the current years personal leave entitlement. An exception to this is where an employee has already taken 5 days carers leave in the current year. 6.6.3 Unpaid Carers Leave An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to an immediate family or household member who is ill. CLAUSE 6.7 PUBLIC HOLIDAYS OPDATE 14:11:2002 on and from Employees are entitled without loss of pay to all of the following public holidays: New Years Day, Australia Day, Good Friday, Easter Eve, Easter Monday, Anzac Day, the third Monday in May (Adelaide Cup Day), Queens Birthday, Labour Day, Christmas Day and Proclamation Day and other days which by Act of Parliament or by Proclamation, may be created a public holiday or may be substituted for the holiday. CLAUSE 6.8 SPECIAL LEAVE OPDATE 14:11:2002 on and from 6.8.1 The employer may, where reasonable cause exists grant to an employee special leave with or without pay for any period and upon such conditions as are mutually agreed with the employee. 6.8.2 Special leave granted under clause 6.8.1 is in addition to any other leave to which an employee is entitled under this award. 6.8.3 Leave without pay will not be taken into account in calculating the period of service for any purpose nor for calculating long service leave. However, absence on leave will not break continuity of service. CLAUSE 6.9 COMMUNITY SERVICE LEAVE OPDATE 14:11:2002 on and from 6.9.1 Jury service The employer will reimburse the employee the difference between the amount paid for attendance at jury service and the amount of wages the employee would have received in respect to the ordinary time the employee would have worked had the employee not been on jury service. 6.9.2 Military service leave Any employee who is a member of the Australian Military Reserve or other Australian Military Forces will be granted leave without pay for the purpose of attending any compulsory camp or posting. CLAUSE 6.10 LONG SERVICE LEAVE OPDATE 14:11:2002 on and from The long service leave provisions of the South Australian Long Service Leave Act, as amended, are incorporated in and form part of this Award. PART 7 - AWARD COMPLIANCE AND UNION RELATED MATTERS CLAUSE 7.1 POSTING OF NOTICES OPDATE 14:11:2002 on and from
OPDATE 14:11:2002 on and from 7.2.1 Any properly accredited officer or employee of a registered association of teachers is entitled to enter the premises of the employer or any other premises where employees of the employer may be working and where one or more members of the association is employed and: 7.2.1.1 inspect the time books and wages records; and 7.2.1.2 inspect the work carried out by the employees who are members of the association, and note the conditions under which the work is carried out; and 7.2.1.3 if specific complaints of non-compliance with the award have been made, interview employees who are members of the association about the complaints. 7.2.2 An inspection or interview must take place at a time mutually agreed between the employer and the registered association. 7.2.3 The inspections or interviews will be by arrangement with the employer and include 24 hours notice. 7.2.4 At the request of the employer the official must produce identification and authorisation from the association having one or more members employed by the employer. 7.2.5 A person exercising these powers must not: 1. Harass an employer or employee; or 2. Hinder or obstruct an employee in carrying out any duty of employment. 7.2.6 An employer must not refuse entry to an association official seeking to exercise these powers in accordance with this award, nor demand that the identity of a member for whom the official is acting be disclosed, except so far as that may be necessary to facilitate the exercise of these powers. SCHEDULE 1 - SALARIES AND ALLOWANCES OPDATE 01:08:2005 on and from The following salary rates and allowances will operate from the first full pay period commencing on or after 1stAugust, 2005.
S1.3 An employee required to undertake duties or responsibilities more onerous than normally required of the employees classification, may be paid a commensurate allowance determined by negotiation between the teacher and the employer. S1.4 Safety Net Adjustments S1.4.1 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. S1.4.2 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. S1.5 Casual Employees S1.5.1 Employees engaged on a casual basis for a period of less than 5 consecutive school days will be remunerated a daily rate calculated as follows:
S1.5.2 Employees engaged on a casual basis for less than one school day will be paid an hourly rate calculated by dividing the daily rate by 5.5. A minimum payment of 3 hours will apply. S1.5.3 Employees engaged on a casual basis for 5 or more consecutive school days will be remunerated on a daily basis as in clause S1.6.1 above but the annual salary used as a basis for the calculation will be the employees correct incremental step in accordance with qualifications and years of teaching experience as detailed in Schedule 2. S1.6 Yüklə 318,34 Kb. Dostları ilə paylaş:
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