An150159 Teachers (Non-Government Schools) Award

AN150159 - Teachers (Non-Government Schools) Award
This AIR consolidated award reproduces the former State award Teachers (Non-Government Schools) Award as at 27 March 2006.

About this Award:

Former award of the Industrial Relations Commission of South Australia.

Printed by authority of the Commonwealth Government Printer.

Disclaimer:

Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN150159 [Notional AIR Consolidation]
TEACHERS (NON-GOVERNMENT SCHOOLS) AWARD
PART 1 - APPLICATION AND OPERATION OF AWARD 

CLAUSE 1.1 TITLE

OPDATE 14:11:2002 on and from
This Award is known as the Teachers (Non-Government Schools) Award.
CLAUSE 1.2 ARRANGEMENT

OPDATE 14:11:2002 on and from

This Award is arranged as follows:
1.2.1 By Part

Subject Matter	Clause Number
Part 1 Application and Operation of Award
Title	1.1
Arrangement	1.2
Scope and Persons Bound	1.3
Locality	1.4
Duration	1.5
Definitions	1.6
Part 2 Award Flexibility
Enterprise Flexibility Provision	2.1
Part 3 Communication, Consultation and Dispute Resolution
Introduction of Change	3.1
Grievance Procedure	3.2
Part 4 Employer and Employees Duties, Employment Relationship and Related Matters
Anti-Discrimination	4.1
Contract of Hiring	4.2
Employment Categories	4.3
Termination of Employment	4.4
Redundancy	4.5
Disciplinary Action	4.6
Employment Outside the School	4.7
Meal Break	4.8
Part 5 Wages and Related Matters
Payment of Salaries	5.1
Payroll Deductions	5.2
Higher Duties	5.3
Part 6 Leave of Absence and Public Holidays
Annual Leave	6.1
Sick Leave	6.2
Staff Absences	6.3
Bereavement Leave	6.4
Parental Leave	6.5
Carers Leave	6.6
Public Holidays	6.7
Special Leave	6.8
Community Service Leave	6.9
Long Service Leave	6.10
Part 7 Award Compliance and Union Related Matters
Posting of Notices	7.1
Right of Entry	7.2
SCHEDULES
Salaries and Allowances	Schedule 1
Classification Structure	Schedule 2
Assessment Criteria and Process: Advanced Skill Teacher	Schedule 3

1.2.2 In alphabetical order

Annual Leave	6.1
Anti-Discrimination	4.1
Arrangement	1.2
Assessment Criteria and Process: Advanced Skill Teacher	Schedule 3
Bereavement Leave	6.4
Carers Leave	6.6
Classification Structure	Schedule 2
Community Service leave	6.9
Contract of Hiring	4.2
Definitions	1.6
Disciplinary Action	4.6
Duration	1.5
Employment Categories	4.3
Employment Outside the School	4.7
Enterprise Flexibility Provision	2.1
Grievance Procedure	3.2
Higher Duties	5.3
Introduction of Change	3.1
Locality	1.4
Long Service Leave	6.10
Meal Break	4.8
Parental Leave	6.5
Payment of Salaries	5.1
Payroll Deductions	5.2
Posting of Notices	7.1
Public Holidays	6.7
Redundancy	4.5
Right of Entry	7.2
Salaries and Allowances	Schedule 1
Scope and Persons Bound	1.3
Sick Leave	6.2
Special Leave	6.8
Staff Absences	6.3
Termination of Employment	4.4
Title	1.1

CLAUSE 1.3 SCOPE AND PERSONS BOUND

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1.3.1 This Award is binding on all persons engaged in the industry of the occupation of persons registered and employed as teachers whether as employers or employees and whether members of an association or not whose classifications are set out in Schedule 2 to this Award.
1.3.2 This award is not binding on:
1.3.2.1 Members of a recognised religious teaching order and/or Ministers of Religion.
1.3.2.2 Persons employed as Principal, Deputy Principal, Bursar or Administrator of a school or a person employed as a Head or Principal of a section of the school.
1.3.2.3 Teachers in Government schools employed by the Minister of Education pursuant to the Education Act 1972, as amended.
1.3.2.4 The University of Adelaide, the Flinders University of South Australia and the University of South Australia.
1.3.2.5 Teachers working in the following schools conducted by the seventh-day Adventist Church within South Australia:
1. Prescott College

2. Prescott Primary - Northern

3. Prescott Primary - Southern
CLAUSE 1.4 LOCALITY

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This award applies throughout the State of South Australia.
CLAUSE 1.5 DURATION

OPDATE 14:11:2002 on and from

This award as varied by S.99 review shall operate on and from 14 November 2002.
CLAUSE 1.6 DEFINITIONS

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1.6.1 Act means the Industrial and Employee Relations Act 1994.
1.6.2 Contact time means the time spent by an employee in teaching, supervising or instructing students whether in a classroom or otherwise. Contact time does not include time spent by an employee on lesson preparations, marking

or similar tasks.

1.6.3 Employer means the employing authority, person, board, committee or other authority (including the Principal) by which the registered non-government school, pre-school, kindergarten, child care centre or child minding centre is

or will be administered.

1.6.4 Employee means a teacher who satisfies statutory requirements to practise lawfully as a teacher in South Australia and who is appointed as such in a classification described in Schedule 2.
1.6.5 Minister means a person approved as a Minister of Religion by a particular Church or denomination.
1.6.6 Non-government school means any school or institution (not being a Government school) at which any person or body of persons provides, or offers to provide, care and or courses of instruction in pre-primary, primary or secondary education, and is registered with the Non-Government Schools Registration Board.
1.6.7 Principal means the person appointed by the employer or the employers representative in charge of the school (other than a pre-school) or a teacher acting in that capacity during the absence of the Principal.
1.6.8 School days means the days on which employees are normally expected to be at school and the public holidays which occur other than in school vacation periods.
1.6.9 School term means in relation to the first school term of any year a period commencing on 1 February each year and terminating on the day immediately preceding the first school day of the following school term. The second and subsequent school terms follow the same format except that the last term in any school year is deemed to conclude on 31 December.
1.6.10 School year means a year commencing on 1 February in each year and finishing on the 31 January of the following year.
1.6.11 Spouse includes a putative spouse, but except in relation to Parental Leave, does not include a spouse from whom the employee is legally separated.
1.6.12 Years of service means the total years of teaching experience gained as a teacher in South Australian schools or pre- schools or in comparable schools outside South Australia including employment as a casual, temporary or replacement teacher.
PART 2 - AWARD FLEXIBILITY 

CLAUSE 2.1 ENTERPRISE FLEXIBILITY PROVISION

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2.1.1 In this clause a relevant Association means an organisation of employees that:
2.1.1.1 has an interest in this Award; and
2.1.1.2 has one or more members employed by the employer to perform work in the relevant enterprise or workplace.
[Note: The failure by an employer to give each relevant Association an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.]
2.1.2 At each enterprise or workplace, consultative mechanisms and procedures must be established comprising representatives of the employer and employees. Each relevant Association will be entitled to be represented.
2.1.3 The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the enterprise or workplace.
2.1.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.
2.1.5 Where agreement is reached at an enterprise or workplace through the consultative mechanisms and procedures, and where giving effect to the agreement requires this Award, as it applies at the enterprise or workplace, to be varied, an application to vary must be made to the Commission. The agreement must be available in writing, to all employees at the enterprise or workplace and to the Associations having an interest in the Award.
2.1.6 When this Award is varied to give effect to an agreement made pursuant to this clause the variation must become a schedule to this Award and the variation must take precedence over any provision of this Award to the extent of the expressly identified inconsistency.
2.1.7 The agreement must meet the following requirements to enable the Commission to vary this Award to give effect to it:
2.1.7.1 that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;
2.1.7.2 that the majority of employees covered by the agreement genuinely agree to it; and
2.1.7.3 that the award variation necessitated by the agreement is consistent with the requirements of section 79 of the Act.
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

CLAUSE 3.1 INTRODUCTION OF CHANGE

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3.1.1 Notification of Intended Changes
3.1.1.1 Where an employer has made a definite decision to implement changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must as soon as practicable notify the employees who may be affected by the proposed changes and their union.
3.1.1.2 Significant effects include:
1. termination of employment;
2. major changes in the composition, operation or size of the employers workforce or in the skills as required;
3. the elimination or diminution of job opportunities, promotion opportunities or job tenure;
4. the alteration of hours of work;
5. the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Where the Award makes provision for alteration of any of these matters, an alteration may be deemed not to have significant effect.
3.1.2 Consultation with Employees and Their Union
3.1.2.1 The employer must discuss with the employees affected and their union, among other things:
1. the introduction of the changes referred to in 3.1.1.1;
2. the effects the changes are likely to have on employees;
3. measures to avert or mitigate the adverse effects of these changes on employees.
The employer must give prompt consideration to matters raised by the employees and/or their union in relation to the changes.
3.1.2.2 The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 3.1.1.1.
3.1.2.3 For the purposes of these discussions, the employer must provide in writing to the employees concerned and the union:
1. all relevant information about the changes including the nature of the changes proposed; and
2. the expected effects of the changes on employees and any other matters likely to affect them.
Employers are not required to disclose confidential information disclosure of which, when looked at objectively, would be inimical to the employers interests.
CLAUSE 3.2 GRIEVANCE PROCEDURE

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Subject to the provisions of the Act, any industrial dispute or matter likely to create a dispute must be dealt with in the following manner:
3.2.1 This Award recognises that employees grievances should be addressed promptly and effectively. It is intended that most issues will be resolved informally between employee(s) and the Principal or his or her delegate.
3.2.2 The parties agree that it is in the common interest to manage resolution of any conflict by means which neither disrupt nor damage the schools optimum operation.
3.2.3 The parties agree that the following procedures will apply in the resolution of any dispute and pending resolution that work as described prior to the dispute will continue.
3.2.3.1 The employee will notify in writing the Principal or delegate of the nature of the grievance and the remedy sought.
3.2.3.2 The Principal or delegate must convene a meeting between the aggrieved employee(s) and the Principal or delegate as soon as practicable and not more than 7 days following the notification of the grievance.
3.2.3.3 The employee is entitled to be accompanied at that meeting by a representative of the union or by another staff member.
3.2.3.4 If the matter is unresolved at the meeting in 3.2.3.2 then a conference may be requested by the employee(s) to involve a union or other delegate to assist the employee and an employer representative where requested, to assist the Principal or delegate. The conference must be convened as soon as practicable and not more than 7 days following the request.
3.2.3.5 Where no mutually satisfactory resolution of the matter is achieved by the conference at 3.2.3.4 either party may make application pursuant to Chapter 5, Part 3, Division 3 of the Industrial and Employee Relations Act 1994 provided such application may be made at any stage of proceedings pursuant to this clause.
PART 4 - EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 

CLAUSE 4.1 ANTI-DISCRIMINATION

OPDATE 14:11:2002 on and from
4.1.1 It is the intention of the parties to this Award to achieve the principal object in section 3 (m) of the Industrial and Employee Relations Act 1994 by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
4.1.1.1 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provision nor their operation are directly or indirectly discriminatory in their effects.
4.1.2 Nothing in this clause is to be taken to affect:
4.1.2.1 any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation;
4.1.2.2 until considered and determined further by the Industrial Relations Commission of South Australia, the payment of different wages for employees who have not reached a particular age;
4.1.2.3 an employee, employer or registered organisation, pursuing matters of discrimination in the State or Federal Jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.
4.1.3 Nothing in this clause is to be taken to prevent:
4.1.3.1 a matter referred to in 4.1.1 from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position;
4.1.3.2 a matter referred to in 4.1.1 from being a reason for terminating a persons employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the employer terminates the employment in good faith in order to avoid injury to the religious susceptibilities of adherents of the religion or creed.
CLAUSE 4.2 CONTRACT OF HIRING

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4.2.1 General Provisions
4.2.1.1 All appointments to the teaching staff of a school will be made by the appropriate employer.
4.2.1.2 All employees will be employed as permanent full-time, permanent part-time, casual, temporary or replacement employees subject to the provisions in clause 4.3.
4.2.1.3 The conditions of employment outlined in clause 4.3 cannot be altered except by mutual agreement between the employer and the employee or in accordance with clause 4.5.
4.2.1.4 Where the employer and the employee agree to a temporary increase in the employees hours of work, the extra proportion of teaching time will be a separate contract of employment for casual work subject to the conditions of 4.3.5 except that the minimum hourly provision of clause 4.3.6 may be disregarded. The employees remuneration for the extra work will be paid at the casual rate of the employees incremental step in the salary scale.
4.2.1.5 All appointments will be in accordance with the salary scale in Schedule 1 having regard to the qualifications, experience, duties and responsibilities of the employee concerned.
4.2.1.6 An employee must comply with a Principals reasonable directive to carry out the classroom teaching duties as are within the limits of the employees skills, competence and training.
4.2.1.7 An employer may require an employee to supply:
4.2.1.7.1 Documentary evidence of the employees experience and qualifications or other evidence satisfactory to the employer as to the employees suitability to perform the duties the employee would be required to undertake if appointed.
4.2.1.7.2 A certificate from an approved legally qualified medical practitioner that the employee is of sound health and free from any physical or mental defect likely to impair the employees ability to perform the duties required. The employer must pay for the cost of obtaining the certificate. The employee will approve the gender of the medical practitioner.
4.2.1.8 Probation
4.2.1.8.1 All appointments will be regarded as probationary for the first 2 school terms. The employer may at its discretion reduce or waive the probationary period. If the employees employment is continued after the probationary period the employment will be deemed to be permanent.
4.2.1.8.2 During the probationary period the employee will receive induction and other professional assistance as is deemed necessary by the employer.
4.2.1.8.3 During the probationary period an employee who is deemed by the employer to be unsatisfactory is to be advised accordingly in writing and counselled.
4.2.1.8.4 Where a probationary employee is deemed by the employer to be unsatisfactory the employer may, with the consent of the employee, extend the period of probation for a single extension of a period not exceeding 2 school terms.
4.2.1.8.5 During the probationary period an employee who is not to be confirmed as permanent is to be given notice of termination as detailed in clause 4.4.
CLAUSE 4.3 EMPLOYMENT CATEGORIES

OPDATE 14:11:2002 on and from

4.3.1 With the exception of probationary employees, all employees other than replacement, temporary or casual employees will be deemed to be permanent.
4.3.2 Full-Time Employees
4.3.2.1 A full-time employee is any employee who is not part-time or casual.
4.3.3