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Fair Work Act 2009 (Cth) (As Amended)

QUEENSLAND LUTHERAN SCHOOLS SINGLE ENTERPRISE AGREEMENT

Queensland Lutheran Schools Single Enterprise Agreement 2009

1

Queensland Lutheran Schools Single Enterprise Agreement 2009

Table of Contents 1.

PRELIMINARY ................................................................................................................................. 5 1.1

Title .................................................................................................................................................... 5

1.2

Coverage ........................................................................................................................................... 5

1.3

Relationship with Other Industrial Instruments .................................................................................. 5

1.4

Commencement Date of Agreement and Period of Operation .......................................................... 6

1.5

Amendment, Renewal or Replacement of Agreement ...................................................................... 6

1.6

Posting of Agreement ........................................................................................................................ 6

1.7

Single Bargaining Unit ....................................................................................................................... 6

1.8

No Extra Claims ................................................................................................................................. 6

1.9

Flexibility ............................................................................................................................................ 6

2.

RELATIONSHIP TO AIMS OF THE SYSTEM / SCHOOL .............................................................. 7 2.1

Preamble............................................................................................................................................ 7

2.2

Lutheran Ethos .................................................................................................................................. 7

2.3

Objectives of this Agreement ............................................................................................................. 8

3.

PROCEDURES FOR PREVENTING AND SETTLING DISPUTES ................................................ 8

4.

WAGES ............................................................................................................................................ 9 4.1

Wage Increases ................................................................................................................................. 9

4.2

Rates of Pay and Allowances .......................................................................................................... 10

5.

EFFICIENCY AND EFFECTIVENESS INITIATIVES ..................................................................... 10 5.1

General Statement ........................................................................................................................... 10

5.2

Leading Teacher One ...................................................................................................................... 10

5.3

Leading Teacher Two ...................................................................................................................... 10

5.4

Review – Leading Teacher Two ...................................................................................................... 10

5.5

Positions of Added Responsibility ................................................................................................... 10

5.6

Class Sizes ...................................................................................................................................... 10

5.7

Working Arrangements for Teachers ............................................................................................... 11

5.8

Working Arrangements for Kitchen Staff, Grounds Staff, Laundry Staff, Tuck Shop Staff, Bus Drivers, Caretakers, Cleaners and Minor Maintenance Staff. ........................................................ 11

5.9

Timely Notification of Qualifications and Experience ...................................................................... 11

5.10

Conduct Requirement for School Employees.................................................................................. 12

5.11

Formal Review for Unsatisfactory Performance .............................................................................. 12

5.12

Dress Code for all Staff.................................................................................................................... 13

5.13

Induction .......................................................................................................................................... 13

5.14

Professional Development and Appraisal........................................................................................ 13

5.15

Union Recognition and Leave.......................................................................................................... 15

5.16

Right of Entry – Authorised Industrial Officer .................................................................................. 16

5.17

Job Share......................................................................................................................................... 17

5.18

Job Security ..................................................................................................................................... 17

Queensland Lutheran Schools Single Enterprise Agreement 2009

2 5.19

Certainty of Employment ................................................................................................................. 17

5.20

Introduction of Changes ................................................................................................................... 18

5.21

Redundancy ..................................................................................................................................... 19

5.22

Outsourcing...................................................................................................................................... 19

5.23

Reclassification Process for School Officers ................................................................................... 20

5.24

Classification Structures – School Officers...................................................................................... 20

5.25

School Officer Career Path .............................................................................................................. 21

5.26

Health Check Leave - Use of Sick Leave ........................................................................................ 21

5.27

Vocational Education ....................................................................................................................... 21

5.28

Workplace Harassment ................................................................................................................... 22

5.29

Complaints against Staff .................................................................................................................. 22

5.30

State and National Representation .................................................................................................. 22

5.31

Workplace Amenities ....................................................................................................................... 22

5.32

Outdoor Education ........................................................................................................................... 22

5.33

Use of Support Staff ........................................................................................................................ 22

5.34

Averaging Salaries Over the Year for Term Time Employees ........................................................ 23

5.35

School Officers Undertaking Higher Level Duties in an Acting Capacity ........................................ 23

5.36

School Officers – Special Projects ................................................................................................ 23

5.37

Recognition of Service – School Officers ........................................................................................ 24

5.38

Boarding Schools Review ................................................................................................................ 24

5.39

Reviews of Annexure B – Formal Review for Unsatisfactory Performance, Annexure C – Serious Misconduct and Summary Dismissal and Annexure D – Complaints Against Staff ....................... 24

5.40

Continuous Improvement................................................................................................................. 25

6.

CONSULTATIVE ARRANGEMENTS ............................................................................................ 25 6.1

Preamble.......................................................................................................................................... 25

6.2

Role of SBU and Unions .................................................................................................................. 25

6.3

Consultation and Committee Arrangements.................................................................................... 25

6.4

Consultation and Considerations – Workload ................................................................................. 26

7.

NON SALARY BENEFITS ............................................................................................................. 27 7.1

Pay Advice ....................................................................................................................................... 27

7.2

Salary Sacrifice into Superannuation Funds ................................................................................... 27

7.3

Superannuation ............................................................................................................................... 28

7.4

Personal / Carer’s Leave ................................................................................................................. 28

7.5

Long Service Leave ......................................................................................................................... 29

7.6

Maternity Leave ............................................................................................................................... 30

7.7

Paternity Leave ................................................................................................................................ 32

7.8

Adoption Leave ................................................................................................................................ 32

7.9

Jury Leave ....................................................................................................................................... 32

7.10

Cultural Leave .................................................................................................................................. 32

7.11

Local Disaster and Emergency Leave ............................................................................................. 33

Queensland Lutheran Schools Single Enterprise Agreement 2009

3 SCHEDULE 1 .................................................................................................................................................. 34 Schools Bound by the Queensland Lutheran Schools Single Enterprise Agreement ................................. 34 SCHEDULE 2 .................................................................................................................................................. 35 “The Teacher in the Lutheran School” ......................................................................................................... 35 SCHEDULE 3 .................................................................................................................................................. 36 Rates of Payment: Wages and Allowances................................................................................................. 36 Teachers ...................................................................................................................................................... 36 Teachers – Positions of Added Responsibility ............................................................................................ 37 Transport, Distribution and Courier Industry................................................................................................ 38 Furniture and Allied Trades ......................................................................................................................... 39 Building Construction Industry ..................................................................................................................... 40 Kitchen Staff, Grounds Staff, Laundry Staff, Tuckshop Staff, Bus Drivers, Caretakers, Cleaners and Minor Maintenance Staff ........................................................................................................................... 41 Nurses..........................................................................................................................................................42 School Officers ............................................................................................................................................ 43 Outdoor Education ....................................................................................................................................... 44 SCHEDULE 4 .................................................................................................................................................. 45 Leading Teacher One [Applies until 31 December 2010]............................................................................ 45 Schedule 4A ................................................................................................................................................... 48 SCHEDULE 5 .................................................................................................................................................. 49 Leading Teacher Two .................................................................................................................................. 49 LEADING TEACHER 2 -CLASSROOM TEACHER - MENTOR ................................................................. 51 LEADING TEACHER 2 -CLASSROOM TEACHER - LEADERSHIP .......................................................... 51 SCHEDULE 6 .................................................................................................................................................. 56 Positions of Added Responsibility ............................................................................................................... 56 SCHEDULE 7 .................................................................................................................................................. 61 Schools and Colleges Working Arrangements for Teachers....................................................................... 61 SCHEDULE 8 .................................................................................................................................................. 66 Schools and Colleges Working Arrangements for Teachers....................................................................... 66 SCHEDULE 9 .................................................................................................................................................. 72 Schools and Colleges Working Arrangements for Teachers Redeemer Lutheran College Site Variation . 72 SCHEDULE 10 ................................................................................................................................................ 77 School Officer Classification ........................................................................................................................ 77 SCHEDULE 11 ................................................................................................................................................ 92 Job Share .................................................................................................................................................... 92 SCHEDULE 12 ................................................................................................................................................ 95 Conditions of Employment for Kitchen Staff, Bus Drivers, Grounds Staff, Laundry Staff, Tuckshop Staff, Caretakers, Cleaners & Minor Maintenance Staff .......................................................................... 95 Queensland Lutheran Schools Single Enterprise Agreement 2009

4 SCHEDULE 13 ................................................................................................................................................ 99 Implementing Teacher Professional Development ...................................................................................... 99 SCHEDULE 14 .............................................................................................................................................. 101 Conditions of Employment for Outdoor Education Employees ................................................................. 101 SCHEDULE 15 .............................................................................................................................................. 105 Conditions of Employment for Outdoor Education Employees St Peter’s Lutheran College, Ironbark Campus – Site Variation ............................................................................................................... 105 ANNEXURE A ............................................................................................................................................... 107 Requirements for School Employees ........................................................................................................ 107 ANNEXURE B ............................................................................................................................................... 108 Formal Review for Unsatisfactory Performance ........................................................................................ 108 ANNEXURE C ............................................................................................................................................... 110 Serious Misconduct and Summary Dismissal ........................................................................................... 110 ANNEXURE D ............................................................................................................................................... 112 Complaints Against Staff ........................................................................................................................... 112 ANNEXURE E

Teachers’ Award – Non Governmental Schools .................................................. Attached

ANNEXURE F

School Officers’ Award – Non-Governmental Schools ........................................ Attached

ANNEXURE G

Miscellaneous Work’s Award – State ................................................................... Atached

ANNEXURE H

Greenkeeping Industry Award – State ................................................................. Attached

ANNEXURE I

Nurses Award – State .......................................................................................... Attached

ANNEXURE J

Building Products, Manufacture & Minor Maintenance Award - State................. Attached

ANNEXURE K

Motor Drivers etc Award – Southern Queensland ............................................... Attached

ANNEXURE L

Building Construction Industry Award – State ...................................................... Attached

ANNEXURE M

Transport, Distribution and Courier Industry Award – Southern District .............. Attached

ANNEXURE N

Furniture and Allied Trade Award – State ............................................................ Attached

ANNEXURE O

Nurserymen’s Award – State ................................................................................ Attached

ANNEXURE P

Boarding Schools, Residential Colleges and Other Non- Commercial Establishments Accommodation Award – South –Eastern Division .................................................. Attached

Queensland Lutheran Schools Single Enterprise Agreement 2009

5

1. PRELIMINARY 1.1

Title

This Agreement shall be known as the Queensland Lutheran Schools Single Enterprise Agreement 2009.

1.2

Coverage 1.2.1

This Agreement shall apply to the following employers:

(a)

Lutheran Church of Australia Queensland District trading as Lutheran Education Queensland; St John’s Lutheran Church Bundaberg trading as St John’s Lutheran Primary School; St John’s Lutheran Church Kingaroy trading as St John’s Lutheran Primary School Kingaroy; Peace Lutheran Church Gatton trading as Peace Lutheran Primary School Gatton,

(b) (c) (d)

and all of their present and future employees employed in the Schools listed in Schedule 1 pursuant to the awards previously having application to employees under the Lutheran Church of Australia Queensland District, Schools Department Certified Agreement 2004 (CA55 of 2005) and incorporated as part of this Agreement (refer to clause 1.3.2 below), but excluding Principals, Business Managers and other executive staff. 1.2.2

1.3

This Agreement shall also apply to the unions signatory to this Agreement.

Relationship with Other Industrial Instruments 1.3.1

This Agreement shall replace the Lutheran Church of Australia Queensland District, Schools Department Certified Agreement 2004 (CA55 of 2005).

1.3.2

Notwithstanding clause 1.3.1, the provisions of the awards (as they existed at 31 December 2009) previously having application to employees under the Lutheran Church of Australia Queensland District, Schools Department Certified Agreement 2004 (CA55 of 2005) and attached as Annexures E to P are incorporated as part of, and shall be read in conjunction with, the provisions of this Agreement. In the event of any inconsistency between a provision/s of this Agreement and a provision/s of an award/s contained in Annexures E to P, the terms of this Agreement shall take precedence. In all other respects, the content of the awards, as they appear in Annexures E to P will continue to apply. The table hereunder identifies the category of employee, the award previously having application and the relevant Annexure of this Agreement to which the award is attached:

CATEGORY OF EMPLOYEE Teaching Staff School Officers Cleaners and Caretakers Grounds Staff Nurses Tradespersons Drivers Builders / Labourers Transporters / Plant Operators Furniture Manufacturers Gardeners Boarding School Staff

AWARD PREVIOUSLY HAVING APPLICATION Teachers’ Award – Non Governmental Schools. School Officers’ Award – Non-Governmental Schools Miscellaneous Workers’ Award – State Greenkeeping Industry Award – State Nurses Award – State Building Products, Manufacture and Minor Maintenance Award – State Motor Drivers etc Award – Southern Queensland Building Construction Industry Award – State Transport, Distribution and Courier Industry Award –Southern District Furniture and Allied Trade Award – State Nurserymen’s Award – State Boarding Schools, Residential Colleges and Other Non-Commercial Establishments Accommodation Award – South-Eastern Division

Queensland Lutheran Schools Single Enterprise Agreement 2009

ANNEXURE Annexure E Annexure F Annexure G Annexure H Annexure I Annexure J Annexure K Annexure L Annexure M Annexure N Annexure O Annexure P

6

1.4

Commencement Date of Agreement and Period of Operation

This Agreement shall commence operation seven (7) days after the date of approval by Fair Work Australia and shall remain in force until 30 April 2012.

1.5

Amendment, Renewal or Replacement of Agreement

The parties agree that this Agreement may be varied by amendment in circumstances where all parties genuinely agree that variation is necessary. Any amendment to this Agreement will be subject to the same consultation and approval process as that used for the Agreement itself.

1.6

Posting of Agreement

A copy of this Agreement shall be exhibited in a conspicuous and convenient place in each school.

1.7

Single Bargaining Unit

A Single Bargaining Unit has been formed for the purpose of negotiating and establishing this Agreement and is comprised of employee representatives from Lutheran Schools in Queensland and the Independent Education Union of Australia, Queensland and Northern Territory Branch (IEUA-QNT) for and on behalf of IEUA-QNT members party to this agreement, on the one hand and the employer representatives of Lutheran Schools in Queensland and their industrial adviser on the other.

1.8

No Extra Claims

There shall be no further claims with respect to any industrial matter for the life of this Agreement..

1.9

Flexibility 1.9.1 An employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

1.9.2

(a)

the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and

(b)

the arrangements meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and

(c)

the arrangement is genuinely agreed to by the employer and employee.

The employer must ensure that the terms of the individual flexibility arrangement: (a) (b) (c)

1.9.3

are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and result in the employee being better off overall than the employee would be if no arrangement was made.

The employer must ensure that the individual flexibility arrangement: (a) (b) (c) (d)

is in writing; and includes the name of the employer and employee; and is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (iv) states the day on which the arrangement commences.

Queensland Lutheran Schools Single Enterprise Agreement 2009

7 1.9.4

The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

1.9.5

The employer or employee may terminate the individual flexibility arrangement: (a) (b)

by giving no more than 28 days written notice to the other party to the arrangement; or if the employer and employee agree in writing – at any time.

2. RELATIONSHIP TO AIMS OF THE SYSTEM / SCHOOL 2.1

Preamble

Lutheran Schools in Queensland have a fine reputation for their quality and distinctiveness. Central to this is an emphasis on the development of the whole person including the academic, spiritual, cultural, social, practical and physical dimensions. This Agreement has three major priorities which are considered essential for Lutheran Schools to maintain and preserve the special qualities which constitute their distinctive style and nature. These priorities are that, through this Agreement:

2.2

2.1.1

The distinctive Lutheran Ethos of our schools,

2.1.2

The high quality of education provided by our schools,

2.1.3

The ability of our schools to serve society and the Church are supported and maintained.

Lutheran Ethos 2.2.1

The Lutheran Church of Australia bases all its teachings on the Christian Bible, both Old and New Testaments, which it regards as the inspired and inerrant Word of God. These teachings are expounded in the book of Concord which comprises the accepted public confession of Lutheran doctrine and belief. All staff of Lutheran schools are required to carry out their responsibilities and duties in accordance with these teachings. In particular, this means recognising that Lutheran schools, as agencies of the Lutheran Church, exist to provide a special ministry and mission to the people of Australia, that all teaching and learning in them is informed by the Word of God and God’s love and forgiveness govern the life of each school.

2.2.2

The document “The Teacher in the Lutheran School” (refer to Schedule 2) prescribes in part that besides being qualified and competent educators, teachers will be people committed to the Christian faith, willing to identify with, uphold and promote the Lutheran Ethos of the school and willing to exemplify and model behaviour which positively reflects their commitment to these principles. All other staff are required, as part of their employment in Lutheran Schools, to make this same commitment.

2.2.3

Staff in the service of Lutheran Schools undertake to meet the theological training (accreditation) as prescribed by the Board for Lutheran Schools of the Lutheran Church of Australia. The arrangement to enable staff to obtain this requirement is as follows: (a)

(b) (c) (d)

All teachers new to Lutheran schools will be required to complete six (6) days of orientation over their first three years of employment in Lutheran schools to gain initial accreditation. Those existing teachers not already accredited will be required to complete their six (6) days of orientation within three (3) years of the signing of this Agreement. Accredited teachers will be required to complete ongoing study provided by the school to maintain their accreditation status. Studies identified in 2.2.3(a) and (b), whether undertaken by new or existing teachers, will be funded by the school and delivered within working hours. (i) In addition, teachers who formally teach Christian Studies will be required to complete ten (10) days of orientation to Christian Studies in the Lutheran school over their first three years of employment in Lutheran schools.

Queensland Lutheran Schools Single Enterprise Agreement 2009

8 (ii)

(e)

(f)

(g)

(h)

2.3

Alternatively teachers may elect to commence a Graduate Certificate in Education from the Australian Lutheran College. Under unavoidable circumstances and by agreement, employers may offer workshops identified in 2.2.3(d) above outside of normal working hours. Where this occurs employees must be given significant notice to make necessary arrangements around, for example, family responsibilities. Time in lieu will be provided to employees who complete workshops outside of normal working hours. Graduates of the Lutheran strand in the Australian Lutheran College’s Education Ministry Program, or at another approved university where the Lutheran strand is taught, will be exempt from all of the requirements in 2.2.3 (a), (b) and (c). All non-teaching staff are encouraged to participate in the orientation to the Lutheran school program. Where non-teaching staff participate in the program such participation will be funded by the employer and occur in paid time. These requirements will be clearly stated in the letter of offer of employment.

Objectives of this Agreement

This Agreement provides a framework for the Employing Authority, Employees and Unions to work together towards improving productivity and efficiency. The objectives of this Agreement, by acknowledging the partnership between the Schools’ management and staff are: 2.3.1

To strive to keep Lutheran Schools accessible to families within a broad socio-economic range;

2.3.2

To maintain Lutheran Schools as non-elitist agencies of service to the Church and community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage.

2.3.3

To maximise the learning outcomes for students through quality teaching.

2.3.4

To encourage a culture of continual improvement through collaborative and consultative processes.

2.3.5

To develop a more diverse and highly skilled workforce which is capable of achieving more effective and efficient school arrangements and is committed to the ethos, mission and goals of the Lutheran Church and its Schools.

2.3.6

To share equitably the benefits of enhanced service delivery among employees and the school community.

The Parties agree to provide for the mechanisms for the achievement of the objectives of this Agreement.

3. PROCEDURES FOR PREVENTING AND SETTLING DISPUTES 3.1

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the employer in respect to any industrial matter, including (but not limited to) the terms and conditions of this Agreement, the National Employment Standards and all other matters that the Parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees.

3.2

A party to the dispute may appoint any other person, organisation or association to accompany or represent them in relation to the dispute.

3.3

In the event of an employee having a grievance or dispute the employee shall, in the first instance, attempt to resolve the matter with the immediate supervisor, who shall respond to such matter as soon as reasonably practicable under the circumstances.

3.4

If the grievance or dispute is not resolved under subclause 3.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative/s.

3.5

If the grievance or dispute is still unresolved after discussions listed in subclause 3.4 hereof, the matter shall, in the case of a union member, be reported to the Secretary of the relevant Union of Employees and the relevant senior management of the employer or the employer’s nominated

Queensland Lutheran Schools Single Enterprise Agreement 2009

9 industrial representative. An employee who is not a union member may report the grievance or dispute to Senior Management or the employer’s nominated industrial representative.

3.6

If, after discussion between the Parties, or their nominees mentioned in subclause 3.5, the dispute (including a dispute in relation to whether the employer had reasonable business grounds for refusing a request under the National Employment Standards for flexible working arrangements or an application to extend unpaid parental leave) remains unresolved, then either party may refer the dispute to Fair Work Australia for resolution.

3.7

Fair Work Australia may deal with the dispute in 2 stages: 3.7.1

Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation. All Parties shall give due consideration to matters raised or any suggestion or recommendation made by Fair Work Australia with a view to the prompt settlement of the dispute; and

3.7.2

If Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may arbitrate the dispute.

3.8

In dealing with the dispute under clause 3.7.2, Fair Work Australia may use the powers that are available to it under the Fair Work Act 2009 (Cth).

3.9

Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.

3.10

Except in the case of termination, the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

3.11

For the avoidance of doubt, any Order of Fair Work Australia (subject to the Parties right of appeal under the Fair Work Act 2009 (Cth)) will be final and binding on a Parties to the dispute.

3.12

Discussions at any stage of the procedure shall not be unreasonably delayed by any Party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any Party to refer the dispute to Fair Work Australia.

4. WAGES 4.1

Wage Increases 4.1.1

Salaries, wages and applicable allowances will be increased as follows from the first pay period on or after the dates specified:

Teachers: (a) 1 May 2009 All bands (ie Band 1 Step 1 to Band 2 Step 4 inclusive): increase of 4.5% (b) 1 May 2010 (i) (ii)

All bands (with exception of Band 2 Step 1) : Increase of 4.0%; Band 2 Step 1: Increase of 5.5%

(c) 1 May 2011 (i) (ii)

All bands (with exception of Band 2 Step 1): Increase of 4.0% Band 2 Step 1: Increase of 5.5%

Non-Teaching Staff: (a) Increase of 4.5% or $34 per week, whichever is the greater – 1 May 2009; (b) Increase of 4.0% or $34 per week, whichever is the greater – 1 May 2010; (c) Increase of 4.0% or $34 per week, whichever is the greater – 1 May 2011. 4.1.2

The wage increases stated in subclause 4.1.1 apply to the following allowances:(a)

Positions of Added Responsibility Rates and Allowances under this Agreement;

Queensland Lutheran Schools Single Enterprise Agreement 2009

10 (b) (c)

4.2

Clauses 5.6.1, 5.6.2 and 5.6.3 of the Teachers Award – Non Governmental Schools attached as Annexure E to this Agreement; Allowances paid in respect of skill and responsibility, eg In Charge Allowance, Leading Hand Allowance.

4.1.3

In addition to those salary increases provided in subclause 4.1.1, teachers classified at Band 2 Step 1 will receive a one-off payment of $500 to be paid as salary in the first pay period after 1 May 2010.

4.1.4

Further, the parties record that the wage rates for teachers identified in Schedule 3 (for the 2011 year) reflect a realignment of internal relativities as identified in the note to Schedule 3.

Rates of Pay and Allowances

The rates of pay and allowances for each occupational classification are set out in Schedule 3.

5. EFFICIENCY AND EFFECTIVENESS INITIATIVES 5.1

General Statement

The Parties have agreed to implement real and demonstrable gains in efficiency and effectiveness.

5.2

5.3

Leading Teacher One 5.2.1

Subject to subclause 5.2.2, classroom teachers who demonstrate teaching skills of a high standard, a commitment to excellence in classroom practices and professional development, are encouraged to apply for Leading Teacher One. The selection criteria, application procedure and terms of appointment are set out in Schedule 4.

5.2.2

The parties have agreed that, from 1 January 2011, Schedule 4 (including the application procedure and terms of appointment for Leading Teacher One set out in that Schedule) will no longer apply and that Schedule 4A (Leading Teacher One Allowance) will apply in its place.

Leading Teacher Two

A teacher who, through their classroom practices and professional learning, believes they can maximise learning outcomes for students through mentoring or curriculum leadership is encouraged to apply for a Leading Teacher Two classification. This role does not require the applicant to have held a Leading Teacher One position or have achieved Band 3 Step 4 on the teacher’s pay scale. The selection criteria, application procedure and terms of appointment are set out in Schedule 5.

5.4

Review – Leading Teacher Two

The parties agree to meet in Semester 2, 2010 to review the current leading teacher two provisions with a view to determining whether they might be adapted to provide effective processes and procedures for the establishment of an Accomplished Teacher pathway in Lutheran Schools.

5.5

Positions of Added Responsibility

An employee who holds a position of added responsibility within a school shall be appointed and remunerated in accordance with the terms and conditions set out in Schedule 6 of this Agreement.

5.6

Class Sizes

It is recognised that class size has implications for the work of teachers and as such pertains to the employment relationship. The parties acknowledge that the achievement of educational outcomes for students is influenced by a wide range of factors including student ability, educational programs, pedagogy, resources, time on task, the quality of classroom interactions and relationships and parental attitudes and support. Over the life of the Agreement the employing authority will continue to implement strategies that support teachers with the provision of quality educational programs and sound teaching practices so as to provide students with opportunities to achieve optimal educational outcomes. Queensland Lutheran Schools Single Enterprise Agreement 2009

11 With this in mind, employers will continue to consider class staffing and resourcing levels when allocating classes to teachers. They will make every effort to achieve class sizes that are within targets and balanced with overall school resourcing and budgetary constraints. The school enrolment patterns and demographic trends will also inform decisions about class sizes and resource allocation. 5.6.1

The employing authority will continue to: (a) give consideration to individual staff preferences, expertise and experience in their allocation of classes; (b) give consideration to the staffing and resource needs for classes that have a high proportion of students who have definite challenges to their learning because of: (i) socio-economic background; (ii) learning capabilities; (iii) linguistic background; (iv) cultural background; (c) consider class size data when making allocations of teachers to classes; (d) consider and, as appropriate, address duty of care and Workplace Health and Safety matters; and (e) consider the particular circumstances, staffing and resource requirements where multiage, composite and practical classes operate so that appropriate support is provided.

5.6.2

Targets for class sizes (a) The following targets for class sizes will assist principals with decisions about class sizes and resource allocation. They will assist with maintaining a focus on class size and resourcing as important elements to be considered in relation to student learning, teacher workload and the financial management of schools. (b) Years P – 3, 11 and 12 25-28 students (c) Years 4 – 10 28-30 students. (d) Where there is the possibility of class sizes in excess of these targets, the class arrangements shall be the subject of a timely and consultative process with staff affected, in accordance with the consultative principles contained in this Agreement. (e) The final decision about class sizes and the allocation of classes to teachers is the responsibility of the employing authority/principal.

5.6.3

Resourcing Targets to Support Year P (a) The following target for resources to support Year P will assist principals: Year P

Recommended allocation of aide support time of one (1) aide for at least the equivalent of the contact hours for the class. Adequate provision should be made in respect of the setting up and taking down of prep equipment each day. (b) For Year P classes with less than 25 students, resourcing arrangements shall be the subject of a timely and consultative process with staff affected, in accordance with the consultative principles contained in this Agreement. (c) The final decision about the allocation of aide support time to Year P is the responsibility of the employing authority/principal.

5.7

25-28 students

Working Arrangements for Teachers

The terms and conditions of employment for all teachers covered by this Agreement are detailed in Schedules 7, 8 & 9.

5.8

Working Arrangements for Kitchen Staff, Grounds Staff, Laundry Staff, Tuck Shop Staff, Bus Drivers, Caretakers, Cleaners and Minor Maintenance Staff.

The terms and conditions of employment for the above-mentioned employees are set out in Schedule 12.

5.9

Timely Notification of Qualifications and Experience

All employees are classified in accordance with their relevant Award (see clause 1.3.2 above). It is imperative that employees provide, in a timely manner, documentary evidence of qualifications and experience which will enable an employer to identify the appropriate salary for an employee. An employee Queensland Lutheran Schools Single Enterprise Agreement 2009

12 shall be paid at the rate of pay consistent with information provided until further supporting documentary evidence is provided to the employer. 5.9.1

Engagement of Staff All employees are required to provide evidence to support their pay classification prior to the commencement of employment. It will be the responsibility of the employee to provide all the necessary documentation. The employee will be paid at the lowest rate of the appropriate Band or Level until the supporting evidence is provided to the school. Any monies owed will be back paid in the next full pay. The required evidence shall include such documentation as Statements of Service from previous employers; pay advice slips; original or certified copies of qualifications. Exiting employees shall request and shall receive a Statement of Service outlining the period of employment; the pay classification and length of time at that level; whether or not leave without pay was taken during the period of employment; the title of the position held and if the employee worked full, part time or casual. Part time or casual employment will also state the total number of hours worked at that classification level. The Statement of Service will be on original letterhead, signed by the person in authority at the school and provided to the employee within two weeks of the receipt of the employee’s letter of resignation.

5.9.2

Duty to notify At the time of appointment, all new employees will be given a document detailing the requirements with regards to timely notification of gaining qualifications and timely notification of previous relevant service.

5.9.3

Teacher Classification Clause 5(3) of the Teachers Award Non-Governmental Schools (attached as Annexure E) is amended as follows: (a) A graduate teacher with an approved four year bachelor’s degree from a recognized university that contains the equivalent of at least two years of professional studies in education shall be appointed at Band 2 Step 1. (b) A graduate teacher who has an approved bachelor’s degree from a recognized university plus an approved postgraduate teacher education qualification(s) together which total five (5) years of studies shall commence on the salary prescribed for Band 2 Step 2. (c) A teacher who has an approved bachelor’s degree with either first or second class honours from a recognized university which contains the equivalent of at least two years of professional studies in education shall be appointed at Band 2 Step 2. (d) Progression from one salary Step to a higher salary Step shall be by annual increment up to a maximum salary of Band 3. (e) Three year trained teachers will progress to the next step every second year once they reach Band 3 Step 1.

5.10

Conduct Requirement for School Employees 5.10.1 Ongoing Commitment As part of their commitment to upholding and promoting the ethos of the school as reflected in Clause 2.2 of this Agreement, employees agree to accept the conduct requirements for school employees as detailed in Annexure A. These provisions will be included in the appropriate sections of each individual school’s staff handbook. 5.10.2 Serious Misconduct / Summary Dismissal Where an employee engages in serious misconduct as described in Annexure C of this document, the processes identified in Annexure C should be followed.

5.11

Formal Review for Unsatisfactory Performance

For any number of reasons, an employee may experience significant difficulties in performing their duties to the required standard. Where unsatisfactory performance occurs over a continuing period, and despite Queensland Lutheran Schools Single Enterprise Agreement 2009

13 assistance given by the principal or their designated representatives, the situation does not improve, the parties agree that a formal process may be implemented. This “process” will follow the format identified in Annexure B of this document.

5.12

Dress Code for all Staff

The standard of dress will vary from school to school depending on such issues as climate and location. However each school may collaboratively develop guidelines on dress standards for staff members. The guidelines will reflect common understanding of appropriate professional dress, be consistent with the particular work environment of the staff member and comply with all aspects of Workplace Health and Safety requirements.

5.13

Induction 5.13.1 General A relevant and up-to-date induction program shall be developed and implemented for all new staff. Such an induction program may include, but not be limited to: (a) (b) (c) (d) (e) (f) (g) (h)

Provision of a duty statement Identification of lines of support. Provision of material relevant to the ethos and mission of the school/system. Provision of documents relevant to the school/system policies and procedures. Provision of information relevant to superannuation entitlements and options. Provision of information relevant to union coverage and benefits and introduction to the IEUA-QNT representative. Identification of placement of industrial and occupational health and safety documents and their availability to staff. Provision of guidance and feedback to interstate and returning to teach employees (being employees who have not practiced as a teacher in a Queensland school for at least one (1) year within the five (5) year period of registration. ‘One (1) year’ is defined as 200 days or 1000 hours of teaching in a school in the Queensland College of Teachers’ Returning to Teaching in a School program).

Schools will ensure that persons responsible for the induction of new employees are adequately trained. 5.13.2

Induction of Graduate Teacher Recognising that induction is a significant phase in the continuum of teacher development and that effective induction takes place in a process of dialogue and professional collaboration, it is recommended that induction will be supported by the provision of: (a) Appropriate mentors such as senior administrators and PARs, leading teachers, and other experienced teachers who are willing and able to assist the graduate teacher to balance professional and total workload requirements; (b) Clear guidance and feedback on the requirements of the Queensland College of Teachers for full registration including regular reviews with their mentor and/or Academic Co-ordinator; and (c) Assistance with the development of suitable teaching programs and pedagogy consistent with the requirements of the school work program and the individual needs of the students, including consideration (if appropriate) of a reduced teaching load. The parties acknowledge that the induction process will vary from school to school (for example, primary/ secondary, rural / city, school size (large/ small)) and that the final decision in relation to the scope and sequence of the induction program rests with the Principal.

5.14

Professional Development and Appraisal 5.14.1

General (a) All Schools and their employees will participate in a planned program of professional development. The parties acknowledge and emphasise the important link between an effective appraisal system and training and professional development for all employees in enhancing quality of service and the efficiency and effectiveness of Lutheran Schools, as well as assisting staff reach the professional and career goals.

Queensland Lutheran Schools Single Enterprise Agreement 2009

14 (b) Professional development activities will be developed in consultation with employees by the administration of each school using a skills audit or any other suitable tools (for example, the Queensland College of Teachers’ (QCT) Continuing Professional Development Framework (CPD Framework)) to determine individual and group needs. The parties acknowledge that a process of formative appraisal for professional development purposes provides an occasion to identify strengths and opportunities for improvement, set goals and identify professional development and/or support needs. Such agreed processes have as their primary focus the improvement of all employees to enhance the quality of service provided by Lutheran Schools, the contribution of each employee to that process and the identified professional goals of each employee. Such appraisal shall occur on a regular basis. (c) It is recognised that appraisal as defined in this clause is for the purpose of identifying professional development needs. All documentation other than the agreed outcomes statement is confidential to the appraisee. (d) Professional development for teachers will be supplemented and supported by the Head of each school personally, or through his or her delegate through a variety of consultative mechanisms such as:    

discussion of work programs and current workplace theories and practices; visits to classrooms and workplaces at mutually convenient times; sharing of insights; considering solutions to problems and ways of improving quality and effectiveness.

(e) It is not the intention of the outcomes statement or any subsequent agreed professional development plan to require employees to undertake Professional Development activities within their own time or at their own expense. The primary intention is to document those agreed professional development activities required to satisfy employee’s developmental needs and inherent job requirements, such as those required for professional accreditation. 5.14.2 Teachers (a) It is recognised that schools have a concurrent responsibility to encourage and facilitate the professional development of their teachers, to involve teachers in the planning and delivery of professional development, and to support teachers in meeting their obligations and that teachers have a continued responsibility to meet the requirements of the CPD Framework and maintain and improve their professional proficiency by participating in a variety of work-related developmental activities. (b) Both parties agree that professional development should, where possible, articulate to the Queensland College of Teachers Professional Teacher Standards and occur in a planned and structured way, to ensure that the needs of both the school and teachers are met. (c) Through consultation, a structured professional development process will be developed at each school, based on the principles outlined in “Implementing Teacher Professional Development (Schedule 13)” of this Agreement, which establishes the desired outcomes for the teacher for the subsequent year. These outcomes will be formalised in a Professional Development Plan that is provided to the Head of each school or their nominated representative consistent with Schedule 13. This plan will incorporate both long and short term goals and addresses the agreed needs of the school, department or year level requirements, the personal interests of the teacher and articulate (where possible) to the Queensland College of Teachers Professional Teacher Standards. To facilitate appropriate reviews of the Plans, each teacher will maintain a portfolio which documents the professional development undertaken in accordance with the Professional Development Plan consistent with available resourcing and employer organised professional development. (d) The teacher is encouraged to also document in their Professional Development Plan any Professional Development undertaken in their own time. (e) The employer will provide to the teacher documentation attesting to the completion of employer provided professional development in a format suitable for presentation by the teacher to the Queensland College of Teachers for CPD Framework purposes.

Queensland Lutheran Schools Single Enterprise Agreement 2009

15 (f) Where there is unresolved disagreement on the appropriateness of the teacher’s Professional Development Plan, the matter will be addressed in accordance with the Grievance Procedure contained in this Agreement which will involve the employee’s relevant union where the employee is a union member. 5.14.3

Senior Administration / Management The provisions of 5.13.2 will also have application to Senior Administration / Management positions including:          

5.14.4

PAR’s Leading Teachers School Counsellors / psychologists ICT Specialists Heads of Outdoor Education Centres Heads of Boarding Schools Nurses WH&S Managers Human Resource / payroll / finance managers Pastors and Chaplains

School Officers and services staff (a) The employer recognises and encourages school officers and services staff to undertake training and professional development in a planned and structured way to ensure that the needs of the school and school officer/services staff are met. In determining appropriate professional development opportunities the school and the staff member shall identify: (i) the goals of the school and wider needs; (ii) the personal goals of the staff member in relation to their work; and (iii) the appropriateness of the professional development to the staff members position. (b) School officers and services staff will be encouraged to participate in planning and accessing approved professional development. Information relating to relevant work related professional development will be made available to these employees by the school. (c) The cost of endorsed training will be met by the employer. Additional training not endorsed by the employer may be approved by the employer in terms of access to leave and satisfaction of the employee’s own personal professional development Plan, but paid for by the employee. (d) With regard to any professional development, consideration must be given to the school calendar, in particular busy times of the year that may restrict the absence of some staff.

5.15

Union Recognition and Leave 5.15.1 Recognition of Industrial Representation The employer recognises that the unions party to this Agreement and their accredited representatives are the legitimate representatives of their members covered by this Agreement and shall not unnecessarily hinder accredited union delegates and/or job representatives in the reasonable and responsible performance of their duties. At the point of engagement, the employer shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Queensland Industrial Relations Commission on 1 November 2000, a copy of which is to be kept on the premises of the employer in a place readily accessible by the employee. 5.15.2 School Level Industrial Practice A person elected or appointed as a union delegate shall upon notification to the employer, be recognised as the accredited representative of the union. The employer agrees to reasonably provide workplace union representatives with the following: (a) the right to discuss work related matters that are of concern to any employee or to convey information by any convenient means to the workplace to employees provided that the union delegate does not unduly interfere with work in progress. (b) the right to provide union information to new employees.

Queensland Lutheran Schools Single Enterprise Agreement 2009

16 (c) the facility for employees to authorise the employer, in writing, to deduct and forward from any remuneration payable, subscriptions to a relevant union bound by this Agreement. 5.15.3 Training of School Based Union Representatives The parties agree that employees who are union members shall be able to access up to three (3) days paid leave per year (non-cumulative) to attend courses and seminars conducted by the Union to acquire knowledge and competencies in industrial relations. At the discretion of the employer, employees may be granted an extra two (2) days leave above the 3 days (non-accumulative) per year, where accredited work place health and safety training courses provided by the Union involve more than 3 days. This clause is subject to the following conditions: (a) An application for leave must be submitted to the principal, giving at least one month’s notice (or less as agreed between employer and employee) of the employee’s intention to take this leave. (b) The application for leave must outline the details of the course or seminar. (c) The application for leave shall be endorsed by the respective union. (d) This leave shall be taken within the school’s professional development program. (e) The granting of the leave shall be subject to the reasonable convenience of the employer and should not impact adversely on service delivery, work requirements and the effective and efficient operation of the school. (f) No employee shall be granted leave in excess of the duration of the course – ie travelling time is not included. (g) The employer is not responsible for any additional costs except for the payment of relief employees where this is considered appropriate. (h) The maximum number of employees who are union members at each school who may avail themselves of this leave in any school year: (i) Where the school employs less than 30 employees – 1 employee; or (ii) Where the school employs 30 employees or more – 2 employees. 5.15.4 Union Development Leave Employees may apply for leave without pay to participate in long term union training. Such leave will be subject to the union approving the leave and will be at the discretion of the employer. Leave for Union training and development will be in accordance with the following conditions: (a) The maximum period of leave will be twenty (20) weeks or two (2) terms, whichever is the greater. If the period of leave is less than two terms it should be taken in term blocks unless otherwise agreed by the employer. (b) The Union will pay to the employer the salary of the employee for the period of the leave. Such payment will contain components to cover the cost of leave which accrues to the employee during the period and the relevant Superannuation contribution. (c) Consistent with Clause 5.14.4(b) the period of development leave will count as service with the employer for all purposes. (d) On completion of the period of leave the employee will return to the position previously held by the employee. (e) An employee must give their employer at least three (3) month’s notice to access Union development leave. (f) The period of Union development leave will be agreed in advance; and (g) As a matter of courtesy an employee will meet with their employer at least two (2) week’s notice of their return to work.

5.16

Right of Entry – Authorised Industrial Officer

Union Officers have the right to enter a school to hold discussions with employees and investigate suspected contraventions of the Fair Work Act 2009 (Cth) and fair work instruments in accordance with Part 3-4 of the Fair Work Act 2009 (Cth).

Queensland Lutheran Schools Single Enterprise Agreement 2009

17

5.17

Job Share

The parties agree that job share provisions can assist employees in balancing work and family demands throughout various stages of their life and work cycle and as such job share can have advantages for employees and employer. Consequently the employer agrees to implement a job share provision in accordance with agreed guidelines. Teachers, school officers and services staff shall have access to the job share provision, at the Principal’s discretion. The agreed provisions are set out in Schedule 11 – Job Share.

5.18

Job Security

The parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the school. The parties further acknowledge that employees are a critical element in the improvement of quality service delivery. Arbitrary job reductions will not be pursued to secure the ongoing improvement in productivity and efficiency sought in accordance with the terms and conditions of this Agreement.

5.19

Certainty of Employment 5.19.1

Fixed Term Appointment

(a) An employer will employ an employee on a fixed term contract of employment only where the employee is appointed to cover an identifiable short term need. (b) An identifiable short term need could include: (i) special projects; (ii) proposed closure of a school; (iii) short term funding; (iv) filling the position of a specified employee who is on nominated leave from the school; (v) filling the position of an employee arising from a resignation, where such position is declared vacant and no suitable permanent employee is available; (vi) accommodating temporary enrolment fluctuations in a school resulting from a specific short term factor such as a population influx during the construction period of an industrial development; and (vii) employing a part-time school officer to address class size issues and/or enhance curriculum offerings on a short-term basis. (c) Where an employer employs an employee on a fixed term contract, the employer will indicate in the employee’s letter of appointment the identifiable short term need which the employee is appointed to fill, The letter of appointment will also contain the terms, conditions and specific duration (commencement and cessation dates) of the appointment. (d) A fixed term contract of employment will not be used as a probationary period. (e) Except as provided in clause 5.19.1(b)(vi), a fixed term employee will not be employed for a period in excess of twelve (12) months. However, if the identifiable short-term need exists after the twelve (12) month period, a further fixed term appointment (no longer than twelve (12) months) may be agreed between the parties. Any agreement reached between an employer and an employee as prescribed by this clause shall be in writing and signed by both parties. (f) (i)

(ii)

(iii)

Where an employer receives short term funding for a specific purpose/ project and that funding covers a specified period which is in excess of twelve (12) months then an employee may be appointed for that specified period of time; or where an employee is provided with a period of maternity leave which is in excess of twelve (12) months then an employee may be appointed on affixed term contract for that specified period of time; or where an employee commences a specified period of approved leave (paid and/or unpaid) which is in excess of twelve (12) months then an employee may be appointed on a fixed term contract for that specified period of time.

Queensland Lutheran Schools Single Enterprise Agreement 2009

18 5.19.2 Teachers In addition to clause 4.5 of the Teachers Award – Non Governmental Schools (attached as Annexure E), Lutheran Schools reaffirm their commitment to the maximisation of permanent employment.

5.19.3 School Officers (a)

Continuity of Service – School Officer The employing authority will, by 1 January 2011, identify those school officer positions which would more appropriately be designated continuing positions. Fixed term positions are those which are identified as meeting a short term need as defined in clause 5.19.1(b). Employees whose positions are identified as continuing positions will be appointed to continuing status.

(b)

5.19.4

The employer will provide information to any school officer on a fixed term appointment of the procedures to be followed and the criteria used if the school officer wishes to apply for continuing status.

Notification of Change of Hours of Work (a) (b)

(c) (d)

This clause (5.19.4) applies to school officers who are employed on a continuing contract for less than 38 hours per week. Where the employer intends to alter the employee’s number of hours of work per week, or the employee’s start or finish times, the employer will advise the employee as soon as possible of such intention. Clause 4.1.3 of the School Officers’ Award – Non-Governmental Schools (attached as Annexure F) will continue to apply. The employer will discuss with the employee concerned the ramification of any proposed change. Where the employer intends to reduce the employee’s hours of work, the employee will have the option of either accepting such hours or of being deemed to be redundant, in which case all relevant redundancy provisions will apply.

5.19.5 For other employee groups, Lutheran Schools will endeavour to restrict temporary or casual employment to bonafide short term engagements (12 months or less). 5.19.6 Where an employee feels disadvantaged through an alleged inappropriate temporary or casual engagement, the procedure as outlined in Clause 3 should be followed.

5.20

Introduction of Changes

This clause 5.20 shall apply to all employees. 5.20.1 Employer’s Duty to Notify (a) Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, where relevant, their nominated representative. (b) “Significant effects” includes termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work of locations and the restructuring of jobs. Where the Enterprise Agreement makes provision for alteration of any of these matters an alteration shall be deemed not to have a significant effect. 5.20.2 Employer’s Duty to Consult over Change (a) The employer shall consult the employees affected and, if requested by the employee, their nominated representative about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of Queensland Lutheran Schools Single Enterprise Agreement 2009

19 employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (eg. by finding alternate employment). The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (b) The consultation must occur as soon as practicable after making the decision referred to in 5.20.1(a). (c) For the purpose of such consultation the employer shall provide in writing to the employees concerned and, if requested by the employee, their nominated representative, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on the employee, and any other matters likely to affect the employee, provided that the Employer shall not be required to disclose information about other employees unless those employees request that it be provided, or confidential information, the disclosure of which would be adverse to the College interests. (d) If: (i) (ii)

a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative,

the employer must recognise the representative.

5.21

Redundancy 5.21.1 The parties recognise that redundancy is not a common occurrence within Lutheran schools. However, where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and the employee has not been offered a comparable position at the School or alternative employment acceptable to the employee, a redundancy will be declared. 5.21.2 Where redundancy is determined the employer shall notify and consult with employees, who may be affected by the proposed redundancy, and their union. Support including pastoral care shall be made available as part of the process. 5.21.3 Full-time and part-time employees affected by redundancy shall be entitled to: (a) Accrued annual leave. (b) Long service leave accrued in accordance with the provisions of this Agreement. (c) Where an employee believes they may gain employment within the Lutheran Education System in Australia within three (3) months of the redundancy, they may request that their accrued benefits for Long Service Leave and Sick Leave be frozen and then be transferred to their new employer provided that further employment is entered into within three months from the date of termination. In the event that they do not gain employment during the three months, long service leave will be released and paid subject to the provisions of this Agreement. (d) A severance benefit of two (2) weeks for each year of service for employees with at least one year of service and a proportionate amount for an incomplete year of eligible service, paid at the employee’s substantive level to a maximum of 30 weeks, provided that no employee will receive less than they would have received under the Termination, Change and Redundancy decision. (e) A continuing part-time employee whose position is declared redundant shall be entitled to the same benefits as a full-time employee provided that a year of service is calculated on the total full-time equivalent years of service. (f) Notwithstanding clause 5.21.3(d) where an employee has more than 15 years service the employee and their union (where relevant) will enter into discussions with the employer to negotiate a package which would recognise that longevity of service.

5.22

Outsourcing

If an “in principle” decision is made by the employer to contract out work currently being done by a school employee(s), consultation with the affected employee(s) and the relevant union(s) will occur before a decision on this matter is finalised. Queensland Lutheran Schools Single Enterprise Agreement 2009

20 Such consultation need not occur where contracting out is for circumstances such as temporary increased workflow or staff on leave.

5.23

Reclassification Process for School Officers 5.23.1

5.23.2 5.23.3 5.23.4

5.23.5

5.23.6

5.23.7 5.23.8

5.23.9

5.24

A school officer may request a reclassification of their position. Such a request may be made either in relation to the classification level of an existing position or where the classification level of the position has been changed. Except in exceptional circumstances no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12 month period. The employee shall make any such Request for Reclassification, in writing, to the principal. The principal shall consider the Request for Reclassification and notify the employee in writing of the decision regarding the employee’s request. If after receiving the principal’s notification, the employee believes that their position has not been classified at the correct level, the employee may apply for a review of that decision. In this case the employee shall make written application for a Review of Classification to the principal. Where the principal receives a Review of Classification application, the principal shall advise Lutheran Education Queensland (LEQ) in writing that an application has been received. An independent review shall then take place through a panel mechanism. The members of the Review Panel will have substantial experience in the classification structure of school officers. The panel shall be made up of three representatives agreed by the parties to this agreement. Where the school officer is a union member, he/she may request that one of the panel members be an experienced office or nominee from IEUA-QNT. The joint review will seek to reach a consensus position and make a recommendation to the Principal. The school officer will be advised in writing of the outcome of this review. If an agreed outcome cannot be reached between the employer and the employee, then the employee may refer the matter to the Fair Work Australia in the terms of the Grievance Procedure. The provisions of this clause 5.23 will be in addition to the provisions of clause 5.1.1 of the School Officers’ Award – Non-Governmental Schools attached as Annexure F.

Classification Structures – School Officers 5.24.1 Classification Levels The parties agree that the classification levels contained in Clause 5.1.5 of the School Officers Award – Non Governmental Schools attached as Annexure F are amended by Schedule 10 of this Agreement. 5.24.2 Partial exemption (a) As an alternative to being subject to all clauses of the School Officers Award – Non Governmental Schools attached as Annexure F, a full-time school officer who is classified at, or who is remunerated at or above, Level 7 may mutually agree in writing with the employer not to be bound by Part 6 (namely: Hours Of Work, Breaks, Overtime, Shift Work, Weekend Work) of that Award. (b) A copy of the terms of the agreement will be supplied to the employee. (c) There will be taken to be mutual agreement for the purposes of clause 5.24.2 (b) if an employer employed a school officer and remunerated that employee at a level in excess of the highest award rate prescribed in the School Officers Award – Non Governmental Schools attached as Annexure F prior to the operative date of this Agreement. (d) The overall terms and conditions of employment agreed under this clause 5.24.2 must be no less favourable than the provisions of this Agreement as a whole and the employee shall not be disadvantaged by the agreement, taking into consideration the Agreement rate the employee would otherwise have been paid had the employee not entered into such agreement. (e) For any agreement entered into under this clause 5.24.2 and, in accordance with section 535 of the Fair Work Act 2009 (Cth), there will be no requirement for the employer to keep particulars of the employee’s starting and finishing times each day. (f) If an employee considers that the employee has been disadvantaged by the agreement, this issue must be addressed between the employer and employee in the manner

Queensland Lutheran Schools Single Enterprise Agreement 2009

21 prescribed in clause 3 Procedures for Preventing and Settling Disputes. No claim for unpaid wages may be made until the grievance and dispute settling procedure under this Agreement has been concluded. (g) If an employee subject to an agreement under this clause 5.24.2 is required to work on a public holiday, the employee and the employer may agree to the employee being entitled to either: time off in lieu of the time worked on the public holiday, to be taken at a mutually agreed time; or extra time (equal to the time actually worked on the public holiday) added to the employee's annual leave entitlement.

5.25

School Officer Career Path

The parties agree that Clause 3.4 Advancement – Increment and Grades of School Officers’ Award NonGovernmental Schools attached as Annexure F will be amended as follows: Each level of the structure has varying pay steps which provide for yearly service increments within a level. Such increments are payable subject to satisfactory performance. The Employer will not unreasonably withhold progression and will use due process. For the purposes of establishing the entitlement of an employee to a yearly pay increment a year's service shall constitute 1976 hours of duty. Progression from one level to a higher level will occur either: 5.25.1 By appointment to such higher level as a result of vacancy at that level, or 5.25.2 When the employer requiring an employee to perform at a higher level in accordance with the classification criteria set out in clause 3.3(2) of the School Officers’ Award NonGovernmental Schools attached as Annexure F, or 5.25.3 When a level 2 employee has: (i) obtained a formal qualification at Certificate Level III or above relevant to their work, and (ii) possesses a first aid certificate, and (iii) spent a minimum of 12 months on the highest increment of Level 2 (iv) such an employee shall be appointed to Level 3. 5.25.4 The parties acknowledge that employees may have gained skills and competencies in a range of contexts including on the job. Therefore Recognition of Prior Learning (RPL) Recognition of Current Competencies (RCC) may be utilised by the employee in gaining formal qualifications. 5.25.5 An employee may be appointed to a higher level within the classification structure without having progressed through all pay points within a lower level.

5.26

Health Check Leave - Use of Sick Leave

The employer recognises the difficulty for some employees in attending medical appointments. In an effort to assist such employees, employees with forty (40) or more days of accumulated sick leave shall be entitled to use one (1) day per annum of their sick leave to attend a specialist medical practitioner for specific medical advice and/or treatment of a preventative nature. The employee shall, where practicable, give the employer two (2) weeks notice prior to taking health check leave and the employer may require proof of such an appointment.

5.27

Vocational Education 5.25.1 Where it is necessary to visit and monitor student learning in the workplace and where this takes place outside of normal working hours, the VET employee shall keep a log of such visits and will be compensated by equivalent time-in-lieu in an agreed block of no less than one half day. 5.25.2 Where an employee incurs approved expenses whilst undertaking their professional duties such expenses will be reimbursed to the employee upon presentation of a receipt, invoice or telephone log. Expenses may include items such as home telephone use, vehicle expenses, resource provision and training. 5.25.3 Where an employer requires an employee to gain accreditation through industry placement to teach specific VET units, such directed industry experience will be at the cost of the employer and take place in school time or if undertaken in the employee’s time then

Queensland Lutheran Schools Single Enterprise Agreement 2009

22 appropriate time-in-lieu shall be negotiated prior to undertaking the relevant industry placement.

5.28

Workplace Harassment

The employer agrees to ensure that each school complies with the Prevention of Workplace Harassment Advisory Standard 2004.

5.29

Complaints against Staff

The parties acknowledge that parents, students and staff have a right to raise concerns and have them correctly addressed by the appropriate member of staff and the parties agree that complaints should be handled objectively, with sensitivity and not in a reactive and subjective manner. LACQ Policy document “Complaints Against Staff” (Annexure D) is endorsed by the parties as being the appropriate guiding document where a complaint against a staff member is received. It is recognised that these processes will not be used for situations where the Lutheran Church’s Policy and Action Plan for Responding to Complaints of Sexual Abuse/Harassment is applicable or where mandatory reporting is required.

5.30

State and National Representation

Employees may apply for unpaid leave where they are selected for sporting representation at a state or national level. The granting of such leave will be at the discretion of the Principal.

5.31

Workplace Amenities

Workplace amenities are to conform to Workplace Health and Safety standards.

5.32

Outdoor Education

The terms and conditions of employment for employees in Lutheran Schools outdoor education centres are detailed in Schedule 14 of this Agreement. 5.32.1 The Parties acknowledge that employees in the outdoor education centres in Queensland Lutheran Schools will be paid in accordance with Schedule 3 of this agreement. 5.32.2 Where an employee is currently paid in excess of Schedule 3 Rates of Payment: Wages and Allowances, such an employee will continue to receive the higher rate of payment and all percentage increases identified in this Agreement in Clause 4 Wages will apply. 5.32.3 The parties acknowledge that as centres undertake employment of teachers each outdoor education centre will negotiate the teacher’s salary and conditions based on the Lutheran Working Arrangements for Teachers but adapted to suit each outdoor education centre.

5.33

Use of Support Staff

At each school, principals will give annual consideration to ways of utilising non-teaching staff to relieve teachers of non-curricular duties. In addition to curriculum support, such areas as yard duty, attendance records, collation of reports, bus duty, exam supervision, the collection of money may be considered. This clause is subject to the following conditions: 5.33.1 The School will establish protocols to cover legal and operational elements of supervision of students where a duty of care is exercised. Such protocols shall ensure that the determination to use support staff in such supervision is minuted, training is provided, a clear delegated line of authority to the principal is established and that supervision shall be only within the person’s training. 5.33.2 No fundamental change in the nature of an employee’s duties shall occur under this clause without reasonable consultation, notice and training. 5.33.3 Where an employee believes they cannot perform the functions requested by the employer in accordance with a change in duties under this clause, they may apply for a voluntary redundancy. 5.33.4 In the event of a change in duties, no employee will be required to perform more work than is reasonable within their normal hours of work.

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5.34

Averaging Salaries Over the Year for Term Time Employees

By agreement between the employer and employee involved, term time employees' salaries may be averaged over the year. The salary component (excluding annual leave and loading shall be):Weeks to be worked x Weekly Rate Pays to year end Where: •

Calculated weekly rate = Applicable rate determined by relevant Award (see clause 1.3.2) and / or Agreement and reduced proportionately where the part time employee works less than 38 hours per week.

•

Weeks to be Worked = Projected number of weeks to be worked by the employee to the year end.

•

Pays to Year End = number of pays to the end of year excluding the last 4 weeks.

•

Annual leave and loading shall be paid to the employee at the end of the last term and is calculated as follows:-

Calculated Weekly Rate x 4 x Weeks Worked 52 plus 17.5% loading

5.35

School Officers Undertaking Higher Level Duties in an Acting Capacity

School Officers who are offered positions in an acting capacity may be remunerated at the level of the acting classification, if they undertake all of the duties required of that classification. If all of the duties are not undertaken in the acting capacity a negotiated outcome may be required for the employee in that acting capacity for the duration of the appointment. The acting capacity would need to be for a duration of five (5) days or more.

5.36

School Officers – Special Projects

5.36.1 The employer is committed to providing a mechanism by which eligible school officers can be recognised in circumstances where a school officer’s skills, industry knowledge and initiative are applied in respect of a special project. 5.36.2 An “eligible school officer” is a school officer who has had at least one year’s continuous service with the employer. 5.36.3 A “special project” is work that the employer requests the school officer to carry out on a short-term/temporary basis (that is, for a defined period up to an including 3 months) which is separate to and distinct from the work carried out by the school officer as part of his/her usual functional position. 5.36.4 A special project will only be performed where the employer requests, and the school officer agrees, to carry out the work. 5.36.5 The parties agree that the mechanism is this clause 5.36 does not form part of the school officers’ classification structure, and as such, the mechanism is not a “position” for the purposes of cluse 5.23 Reclassification Process for School Officers or clause 5.35 School Officers Undertaking High Level Duties in an Acting Capacity. 5.36.6 The request by the employer and the agreement by the school officer to carry out work on a special project must be recorded in writing and signed by both the employer and school officer prior to the special project commencing. 5.36.7 The written agreement between the employer and school officer must record the following: (a)

a description of the special project;

(b)

the commencement and end dates of the special project; and

(c)

the skills, industry knowledge and initiative to be applied by the school officer when carrying out the work on the special project.

5.36.8 The school officer will receive the School Officer Special Project Allowance contained in Schedule 3 for the duration of the special project. Queensland Lutheran Schools Single Enterprise Agreement 2009

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5.37

Recognition of Service – School Officers 5.37.1 The provisions of this clause 5.37 replace the provisions of clause 5.3 (Recognition of previous service for salary purposes) of the School Officers Award – Non-Governmental Schools 2003 attached as Annexure F. Therefore, this clause is to be used to determine the incremental step within the classification level in accordance with clause 5.1.1 (c) of the School Officers’ Award Non-Governmental Schools attached as Annexure F. 5.37.2 (a)

(b)

Recognition of years of service for incremental purposes will include all previous service as a school officer within non-governmental schools at or above the classification level of the position to which the employee is appointed. An employee may make application for recognition of previous service other than as a school officer in a non-governmental school. The recognition of this other service will be based upon demonstrated relevance of the work to the position to which the employee has been appointed.

5.37.3 The provision of documentary evidence of previous employment as a school officer will be the responsibility of the employee. 5.37.4 Only service in the ten (10) years prior to the date of application will be considered for recognition. 5.37.5 An existing employee as at 1 July 2007 may make application for the recognition of service in accordance with this clause. Such application for the recognition of service (other than with a non-governmental school) must be made by 1 February 2008. Successful applications made by the 1 December 2007 will be paid from 1 July 2007. 5.37.6 Employees who commence after 1 July 2007 may make application for the recognition of service in accordance with this clause and must submit any application, together with supporting documentation, within 6 months of commencing employment. Where such service is recognised the recognition will be back dated to the date of commencing employment.

5.38

Boarding Schools Review 5.38.1 The parties note that the working arrangements in Lutheran Boarding Schools have not been reviewed for some time. 5.38.2 The parties agree that a working party will be set up in Term 2, 2010 to: (a) review commonalities and differences in existing practice in boarding in Lutheran Schools and rationales for these; (b) review current industry practice and examine its appropriateness for adaptation to Lutheran Boarding Schools; (c) develop a position paper for consideration by the SBU which makes recommendations in relation to Lutheran Boarding School structures, operations and requirements. 5.38.3 The parties note and agree that the working party will comprise of: (a) a current employee of each Lutheran boarding school; (b) an employer representative from each Lutheran boarding school; (c) an employee industrial representative (or their delegate); and (d) an employer representative (or their delegate) from Lutheran Education Queensland.

5.39

Reviews of Annexure B – Formal Review for Unsatisfactory Performance, Annexure C – Serious Misconduct and Summary Dismissal and Annexure D – Complaints Against Staff 5.39.1 The parties to this Agreement recognise the need to review the above Annexures in line with developments in best practice and legal requirements relating to due process and documentation. 5.39.2 The review identified in 5.39.1 will be completed within the agreed timelines identified below: (a) Terms 3 and 4 2010 (b) Terms 1 and 2, 2011 (c) Term 3, 2011

Researching and information gathering Develop a position paper/s Agreement on and endorsement of the position papers be sought from the Single Bargaining Unit

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25 (d) Term 4, 2011

Implementation of any agreed positions

5.39.3 The parties agree that Annexures B, C and D will be varied to reflect the outcomes regarding those Annexures identified in the positions paper/s, once the position paper/s is endorsed by the SBU.

5.40

Continuous Improvement

The Parties to this Agreement are committed to co-operating positively to identify and implement further efficiency and effectiveness initiatives agreed to at the school level.

6. CONSULTATIVE ARRANGEMENTS 6.1

Preamble

Extensive consultation has taken place in the negotiation of this Agreement and the parties agree that continuous improvement in efficiency and effectiveness will benefit from the support of or establishment of effective on-going consultative mechanisms.

6.2

Role of SBU and Unions

The Single Bargaining Unit (SBU) shall be convened as a Consultative Committee to address issues and provide advice to schools regarding matters which may arise from this agreement. The Unions signatory to this agreement shall be entitled as parties to the agreement to representation on consultative committees formed in accordance with this clause. Subject to Clause 1.8 No Further Claims, this unit will be responsible for reviewing the implementation of the Agreement and will meet at the request of either the employee representatives and their unions or the Lutheran Church of Australia Queensland District.

6.3

Consultation and Committee Arrangements

The parties to this agreement are committed to co-operation and consultation as part of the climate and culture of Lutheran schools. The parties also accept that according to the authority and responsibility structures of Lutheran schools, final decision making remains the prerogative of each school’s governing council as exercised through its chief executive, the head or principal of the school. However, in coming to decisions, each head or principal is committed to a process of consultation with employees. The parties recognise effective consultation enhances planning, prevents disputes and improves employee morale, benefiting both schools and employees. In committing to effective consultation the parties acknowledge the requirements of an atmosphere of mutual trust and co-operation. The overall purpose of consultative mechanisms is to provide an environment for greater two-way communication and in doing so, establish consultative mechanisms in which employees are able to participate in discussions on matters which effect their wellbeing, work practices, organisation and structures within the school and the implementation of this agreement. Specifically the parties recognise that employees have particular interest in issues such as working arrangements and conditions, workloads, health and safety and future plans for the development of the school. The parties acknowledge also that consultation structures in the schools will vary according to the size and setting of the school. Each school will have in place a number of structures in order to advise the head or principal in his/her decision-making responsibility in the school. However effective consultation between employers and employees is dependent on the following principles: • • • • • • •

A commitment by all parties to participate; Co-operation and consultation prior to decisions being made; Effective communication processes within the school; Training / induction which educates members in the roles and responsibility of membership of the relevant Committee; Regular meetings; Employees determining who represents them; Either party being able to call meetings of the relevant Committee or group.

The following forms of consultation may be implemented in Lutheran schools in Queensland where mutually agreed upon as being feasible and desirable by head/principal and staff: Queensland Lutheran Schools Single Enterprise Agreement 2009

26

6.4

6.3.1

Regular meetings of staff and committees.

6.3.2

An Executive Committee of Senior Staff who meet regularly to advise the head/principal on school matters.

6.3.3

Employee meeting which meets independently of the head/principal on a regular basis to discuss and make representations to the head/principal on matters affecting employees.

6.3.4

The IEUA-QNT School Chapter.

6.3.5

Any other committee or work groups set up from time to time by the head/principal for a specific purpose.

6.3.6

Various committees or officers appointed according to government legislation (e.g. Workplace Health and Safety Committee).

Consultation and Considerations – Workload

When allocating duties and apportioning workloads to teachers, the head/principal will: 6.4.1

ensure consultation with teachers in an effort to arrive at a situation of optimum satisfaction to all parties. While heads / principals will have the final say in the matter, they will seek to meet the professional requests of teachers;

6.4.2

strive to arrive at equitable amounts of work for each teacher. Consideration will be given to such issues as class sizes, marking loads, preparation needs in various subject areas and year levels, maintenance of equipment, etc.;

6.4.3

take into consideration the total commitment of each person to the life of the school. Where teachers are required by the head/principal to accept extra responsibility in the school a form of compensation will be negotiated prior to the commencement of the activity;

6.4.4

where curriculum change or curriculum related assessment and reporting change occurs in a school and the head/principal or the head/principal’s delegate (for example, head of department or deputy principal), reasonably anticipates that such change will have a significant adverse effect upon the current workload of one or more teachers, the school will provide an appropriate level of time release and/or other resource support to the affected teachers over and beyond the programmed non-contact time provided in paragraph 4.3.2 of Schedule 7 – Working Arrangements for Teachers in Lutheran Schools having given consideration to resource standards in the industry. Examples of significant curriculum change would be QCAR initiatives, National Curriculum initiatives, student performance standards and a restructure of the curriculum;

6.4.5

In particular, implementation of significant change identified in 6.4.4 above will be subject to the following communication protocol: (a) The head / principal will consult with all teachers potentially affected by the proposed change, and develop, in consultation with the teachers whose workload is affected by the change, a work impact statement outlining: (i)

the current situation, proposed change and rationale for the change;

(ii)

anticipated timeline for the introduction or establishment of the change;

(iii)

who will be affected by the proposed change and how they will be affected, including what physical and non physical resources will be required to implement the proposed change;

(iv)

if workload issues and/or resources needs are identified in regard to the implementation of the proposed change the statement will provide information as to how and when the issues will be addressed prior to commencement of the change.

(b) While principals will have the final say when developing the work impact statement, they will seek to meet the professional requests of teachers.

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7. NON SALARY BENEFITS 7.1

Pay Advice

The parties agree to implementation of measures to provide all employees with pay advice showing the following: (a) ordinary wage rate and the amount paid at that rate; (b) overtime wage rate and the amount paid at that rate; (c) gross wage paid; (d) net wage paid; (e) details of any deductions made from the wage; (f) the amount of contribution paid to the superannuation fund. Where the software used by the school can incorporate the salary band and step and accrued Sick Leave and Long Service Leave of the employee, at no additional cost to the school and with minimal disruption, then this information shall also be included on the employee’s pay envelope or advice. Where this is not an option, staff can independently request this information from the Bursar/Business Manager/Payroll Officer, subject to the proviso that this information is not requested more than twice in a school year.

7.2

Salary Sacrifice into Superannuation Funds 7.2.1

Employees are permitted to elect to salary package up to the maximum amount determined by the Australian Tax Office into an approved superannuation fund. Where the employee submits such a request in writing to the employer, the employee’s before tax salary shall be reduced by an amount equivalent to the elected superannuation contribution.

This clause is subject to the following provisos: (a) Contribution may only be made to the funds set out in Clause 7.3, unless otherwise agreed between the employer and employee; (b) It is expected that each employee shall seek independent financial advice before accepting an agreement to salary sacrifice; (c) The contribution is expressed as a dollar or percentage amount of ordinary time earnings; (d) Such salary packaging arrangements shall be made available to all employees with the exception of casual employees and those employed on fixed term contracts for less than a school year; (e) The terms of the agreement shall be committed to writing and signed by the employer and the employee; (f) A copy of the signed agreement shall be held by the employer and a copy provided to the employee; (g) This arrangement may only be altered once per annum; (h) In the event of changes to the Fringe Benefits Tax or P.A.Y.G. Tax legislation, which detrimentally affects the employer or the employee, the arrangement to salary sacrifice into superannuation funds may be terminated by either party. 7.2.2

Salary Packaging An employee may apply to their employer to enter into salary sacrifice arrangements for items other than superannuation. The considerations given to such applications will be guided by the following principles: (a) as part of the salary package arrangements, the cost of administering the package, including fringe benefits tax, are met by the participating employee; (b) there will be no additional increase in superannuation costs or to fringe benefits payments made by the employer; (c) increases or amendments in taxation are to be passed on to employees as part of their salary package;

Queensland Lutheran Schools Single Enterprise Agreement 2009

28 (d) employee must provide the employer with a written statement indicating they have taken financial advice prior to taking up a salary package; (e) there will be no significant administrative workload or other ongoing cost to the employer; and (f) The maximum amount allowable for salary packaging purposes shall be the amount determined by the Australian Taxation Office.

7.3

7.2.3

Where agreement is reached between the employer and the employee salary packaging arrangements may be made between the individual employee and the employer and shall be recorded in writing.

7.2.4

Salary packaging arrangements may be altered once per annum.

Superannuation 7.3.1

For the life of this agreement, employees will be offered a choice of up to two superannuation funds into which compulsory employer superannuation contributions are to be made. Currently the two fund choices are: (a) The Lutheran Church of Australia Staff Superannuation Fund. (b) The Queensland Independent Education and Care Superannuation Fund (QIEC Super).

7.3.2

Where an employee has not exercised a choice in relation to the funds identified in 7.3.1 within 28 days of commencing employment, the employer will make superannuation payments to the Queensland Independent Education and Care Superannuation Trust.

7.3.3

Lutheran employers recognise that an increased employer contribution combined with an employee co-payment, delivers a substantial benefit to the employee’s superannuation savings.

7.3.4

The parties recognise that any additional superannuation contribution from employees is a matter of employee choice within the options available. The payment to be made by the employer will be subsumed into any payment mandated by Superannuation Guarantee Charge legislation, if any such payment is mandated.

7.3.5

The employer shall make available to all employees the following as of the first full pay period on or after: • • •

1 September 2004 10.75% employer contribution for a 2% employee contribution 1 September 2005 11.75% employer contribution for a 4% employee contribution 31 December 2005 12.75% employer contribution for a 5% employee contribution

Should an employee elect to make a lower co-contribution than that identified in Clause 7.3.5.(a) such a contribution should reflect the following schedule of employer contribution: Employee Contribution 1% 2% 4% 5% 7.3.6

7.4

Employer Contribution 9.75% 10.75% 11.75% 12.75%

An employee’s voluntary superannuation co-payment may be before tax in accordance with the salary sacrifice provisions (Clause 7.2).

Personal / Carer’s Leave and Compassionate Leave An employee’s entitlement to personal/carer’s leave is subject to the following conditions: 7.4.1

All employees are entitled, as a minimum, to personal/carer’s leave and compassionate leave in accordance with the National Employment Standards.

7.4.2

Subject to clause 7.4.3, all employees shall from 1 July 2004 accrue personal/ carer’s leave at the rate of ten (10) days for each full year of completed service.

7.4.3

Part time employees shall accrue personal/carer’s leave on a proportional basis, based on hours of service.

7.4.4

Teachers

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29 Notwithstanding the above, teachers who are currently receiving an entitlement to sick leave greater than 10 days per annum shall be entitled to continue to access the greater yearly entitlement. However, leave taken in any one year for teachers will firstly be taken from the 10 day entitlement, next from the greater entitlement and finally, from the accrual. 7.4.5

Personal/ Carer’s Leave entitlements for all staff in Lutheran Schools in Queensland shall be fully portable within Lutheran Schools throughout Australia.

7.4.6

When the employee’s absence is for more than 2 days the employee is required to give the employer a doctor’s certificate or other reasonably acceptable evidence about the nature and approximate duration of the illness and/or need to provide care or support.

7.4.7

Unpaid leave may be accessed by an employee to continue to care and support a household or an immediate family member who is terminally ill or has a critical or severe injury or illness or a debilitating disease which will require a period of care and support if necessary by agreement with the employer. An employer may request a doctor’s certificate indicating the nature of the illness and/or the need for ongoing care and support.

7.4.8

Bereavement Leave Leave of absence of up to three (3) days on full pay will be granted to employees (excluding casual employees) at the discretion of the principal on account of the death of the employee’s spouse, child, father, mother, brother, sister, grandfather or grandmother; or the employee’s spouse’s child, father, mother, brother, sister, grandfather or grandmother.

7.5

Long Service Leave 7.5.1

All employees in Lutheran Schools in Queensland shall accrue an entitlement to Long Service Leave at the rate of 1.3 weeks per year for each completed year of full-time service or pro-rata as the case may be, subject to the following implementation dates: For staff other than teachers, the entitlement to Long Service Leave that accrued prior to 1 January 1998 was at the rate of 0.8667 for each year of completed full-time service or prorata as the case may be. Long term casual staff (as defined by the Industrial Relations Act 1999), other than teachers, began to accrue Long Service Leave entitlement at the rate of 0.8667 for each year of completed full-time service on a pro-rata basis, from 23 June 1990 to 1 January 1998. For Teachers, from 1 January 1987 the entitlement to Long Service Leave began to accrue at the rate of 1.3 weeks per year for each completed full-time year of service or pro-rata as the case may be.

7.5.2

Staff will be able to access Long Service Leave after 7 years completed service on the basis that service prior to 1 January 1998 is to accrue at the rate applicable at the time.

7.5.3

(a) The time of taking Long Service Leave shall be subject to agreement between the employer and employee. (b) Where the period of long service leave is less than a school term (nominally ten (10) weeks), that leave should, wherever possible, be taken wholly within the school term period. (c) Non-teaching term time employees may choose to access accrued long service leave during periods of unpaid leave, including school vacations.

7.5.4

Employers reserve the right to require employees to take their long service leave (a minimum of four weeks – maximum of 13 weeks) within 2 years of 13 weeks entitlements having been accrued. Special circumstances will be taken into consideration in requests for deferral of this requirement.

7.5.5

Any period of long service leave taken by an employee is exclusive of any public holiday(s), and/or paid school vacation periods.

7.5.6

(a)

Long Service Leave is portable throughout Australian Lutheran Schools.

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30 (b)

(c)

From 1 March 2007 an employee will be able to access their accrued leave at half pay. In these circumstances the employee will be entitled to double the period of leave which would otherwise be applicable. Paying Out of Long Service Leave As Long Service leave is designed to ensure long-term staff receive a break from service, the preference in Lutheran schools is for employees to access Long Service leave when Long Service Leave is due to them.

Notwithstanding 7.5.6(b) special circumstances may arise where it is preferable for an employee and employer to pay out all or part of an employee’s Long Service leave entitlement when it falls due, without the employee accessing the corresponding leave. Such payment would be subject to: (a) an application by the employee for the payout of long service leave and the employer and employee both agreeing in writing to the payout out of the Long Service Leave (b) whilst an application may be made by an employee for the payout of long service leave, approval for such a payout is at the discretion of the employer (c) where agreement is reached to pay out long service leave, superannuation at the current legislated rate will be payable (d) the employee having the right to salary sacrifice the amount of long service leave or a proportion of the agreed payment to superannuation. 7.5.7

(a) An employee may request to have a period of long service leave re-credited and accrued sick leave used for a period of incapacity whilst on long service leave subject to the employee being entitled to have the period of long service leave recredited in accordance with sub-clause 7.5.7(b) below. (b) An employee is entitled to have the period of long service leave re-credited where the employee suffers incapacity (that is, an illness or injury that would make them unfit for work for at least ten (10) calendar days duration) and the request is accompanied by a medical certificate applicable for that period. (c) Only the number of working days upon which an employee is sick during a relevant period of long service leave will be re-credited to the employee’s long service leave accruals in accordance with clause 7.5.7(b). (d) Where an employee has a period of long service leave re-credited in accordance with this clause, the actual period of absence from work will not normally be extended.7.6

7.6

Maternity Leave 7.6.1

Unpaid Maternity Leave A pregnant employee is entitled to unpaid maternity leave subject to the provisions of the National Employment Standards.

7.6.2

Paid Maternity Leave – Entitlement (a) From the date this Agreement is made, the period of paid leave shall be deemed to be the first fourteen (14) weeks of the leave taken by the employee, provided that the period of paid leave will not include any school vacation time. (b) An employee may elect to take 28 weeks paid maternity at half pay. This will not extend the total entitlement to paid and unpaid leave beyond the provisions of the National Employment Standards.

7.6.3

Eligibility for Paid Leave (a) Employees who have at least one year’s continuous service with the employer shall be entitled to paid maternity leave;. (b) Fixed period employees who are eligible for maternity leave will be entitled to either fourteen (14) weeks paid leave or, in the case where the remainder of the contract is

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31 less than fourteen (14) weeks, payment until the expiration of the contract whichever is the lesser; (c)

Where the contract period of a fixed period employee ends during the period of maternity leave, that employee will not be entitled to have this contract period extended, nor will she be guaranteed a position to return to following the completion of Maternity Leave;

(d) Where an employee is on maternity leave and successfully applies for a subsequent period of maternity leave, that employee will be not be entitled to a further fourteen (14) weeks paid maternity leave; (e) Where an employee is on an extended period of leave without pay, and that employee becomes pregnant, no entitlement to paid maternity leave would accrue.

7.6.4

Payment for Leave (a) The employee shall receive payment based on her normal average weekly earnings for the fourteen (14) weeks immediately preceding the date upon which she proceeds on leave; (b) The employee may request, and the employer may agree, that the payment for the period of paid maternity leave will be made at the time of commencing such leave. Where agreement is not reached, the employee shall be paid in accordance with the normal fortnightly pay cycle. (c) Where an employee has received payment in advance for the period of paid maternity leave at the time of commencing leave, and the pregnancy subsequently results in a miscarriage or stillbirth, the employee shall be entitled to retain such payment, subject to the employee remaining on leave for a minimum of fourteen (14) weeks; (d) Where an employee is paid in accordance with the normal fortnightly pay cycle, and the pregnancy subsequently results in a miscarriage or a still birth, the employee shall be entitled to remain on paid maternity leave for the fourteen (14) week period; (e) Paid maternity leave will be taken as one period and cannot be broken into smaller periods of leave. (f) Where it is agreed that, consistent with paragraph 7.6.4 (b), that an employee will be paid for their maternity leave at the commencement of their leave, the employee will receive the following amounts on (or before) the first day of their leave: • • •

fourteen (14) weeks paid maternity or adoption leave; and pro rata payment in lieu of vacation periods in accordance with the provisions for calculating paid vacation periods for fixed term teachers; and pro rata payment of annual leave loading calculated in accordance with the proportion of salary calculation.

Pro rata paid vacation period is calculated by dividing the actual number of hours worked by the annualised quantum of hours worked by a full time teacher multiplied by the appropriate annual salary. (g) Where agreement is not reached (as provided by paragraph 7.6.4 (b)) and the employee is paid the fourteen (14) weeks paid maternity leave in accordance with the normal fortnightly pay cycle, that employee will receive the following amounts on (or before) the first day of their leave: • •

7.6.5

pro rata payment in lieu of vacation periods in accordance with the provisions for calculating paid vacation periods for fixed term teachers; and pro rata payment of annual leave loading calculated in accordance with the proportion of salary calculation.

Paid Maternity Leave and Other Entitlements (a) The period of paid Maternity Leave shall count as service for all purposes, including calculation of the proportion of salary and annual leave loading in accordance with Clause 7.6.4(f) above;

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32 (b) The period of paid Maternity Leave shall be exclusive of school vacation periods. For example, where a period of paid maternity leave coincides with a paid school vacation period the employee is entitled to be paid for the appropriate proportion of the vacation period and for the maternity leave. (c) Where the paid maternity leave actually taken is less than fourteen (14) weeks, the employee shall only be entitled to be paid for the leave taken. (d) The period of paid Maternity Leave shall be inclusive of Statutory Holidays that may fall within the period; (e) In accordance with the National Employment Standards, provided that the aggregate of leave does not exceed 52 weeks, an employee may, in lieu of, or in conjunction with Maternity Leave, take other forms of leave including long service leave which has fallen due, annual leave (if applicable) or paid school vacation periods (if applicable). The period of paid Maternity Leave shall form part of the aggregate of 52 weeks. (f)

7.6.6

Except as provided by the National Employment Standards, paid personal/carer’s leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during the period of maternity leave.

Part-Time Return to Work In accordance with the National Employment Standards, an employee may apply to return to work in a part-time capacity until the child is of the age at which the child is required to start attending school as provided in the Education (General Provisions) Act 2006 (Qld). Where such leave is granted and the employee returns to the position within two (2) years after the birth of the child, the employee will be entitled to return the position they held before taking maternity leave.

7.7

Paternity Leave

Where an employee is entitled to paternity leave in accordance with the provisions of the Family Leave Award, and the period of leave falls during the school term, up to five (5) days of paid leave may be taken as Special Responsibility Leave using accrued sick leave.

7.8

Adoption Leave

An employee shall be entitled to fourteen (14) weeks paid adoption leave in accordance with this clause. The eligibility for paid adoption leave, and all provisions associated with such leave shall be those set out in the clause relating to paid maternity leave, except that the leave may be taken by the primary care giver.

7.9

Jury Leave

Where an employee is called for jury service and who is not exempted from that service, the employer will continue to pay the employee their normal wages and applicable allowances whilst on jury service, conditional on the following documentation: 7.9.1

proof of attendance

7.9.2

duration of attendance and

7.9.3

amount received

Any monies received for jury service by the employee will be paid to the employer on receipt.

7.10

Cultural Leave

The parties recognise that specific ceremonies are integral for the culture of indigenous Australians. It is agreed that up to five (5) days per year (non cumulative) be made available on normal pay for attendance at such events, subject to negotiation with the principal. Application for such leave must be at least one (1) month prior to the event, with the exception of ceremonies related to bereavement, and supported, if requested by the principal, by documentation outlining the event and its significance to the employee.

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7.11

Local Disaster and Emergency Leave 7.11.1 An employee who, because of localised floods, cyclonic disturbances, severe storms, or bushfires (or any other comparable natural disaster or emergency): (a)

experienced extreme loss or trauma; or

(b)

must, of necessity, remain at home to safeguard the employee’s family or property;

(c)

must remain at home to have temporary repairs effected, restore or replace essential belongings, complete necessary clean up for safety or to enable occupation of residence; or

(d)

must remain at home because transport services and facilities are disrupted or discontinued due to weather or flood conditions; or

(e)

is away from their usual residence and is unavoidably delayed in returning to their place of employment due to identified and specific disruptions to transport services and facilities; or

(f)

is required to return home before the employee’s usual ceasing time to ensure personal safety, the protection of the employee’s family and property or because the availability of transport services and facilities may be disrupted or discontinued due to weather or flood conditions.

may make a request to the principal for a maximum of five (5) days per calendar year noncumulative paid leave. 7.11.2 Access to the leave in paragraph 7.11.1 above will not be unreasonably refused by the principal. 7.11.3 The principal will make every effort to clarify contact and communication procedures to be used at times of emergencies. 7.11.4 The principal may consider additional paid leave in exceptional circumstances or where an employee is affected by more than one disaster or emergency in any one year. 7.11.5 Leave for Attendance at Emergencies (a)

(b)

An employee who is a member of the State Emergency Service, voluntary member of a local fire fighting unit, member of a Rural Fire Brigade, auxiliary of a Fire Brigade, Honorary Ambulance Officer or St John Ambulance Volunteer may, by agreement with the principal, access a maximum of three (3) days per calendar year non-cumulative paid leave when called out for emergencies, to fight local fires or where an emergency situation or state of disaster has been declared under the Public Safety Preservation Act 1986 or the Disaster Management Act 2003. Paid leave is not available for training purposes, however unpaid leave may be granted at the principal’s discretion.

Queensland Lutheran Schools Single Enterprise Agreement 2009

34 SCHEDULE 1

Schools Bound by the Queensland Lutheran Schools Single Enterprise Agreement Bethania Lutheran Primary School Bethania Glastonbury Drive Bethania Qld 4205 Bethany Lutheran Primary School Raceview 126 Cascade Street Raceview Qld 4305 Concordia Lutheran College Toowoomba 154 Stephen Street Toowoomba Qld 4350 67 Warwick Street Toowoomba Qld 4350 Faith Lutheran College Victoria Point 132 Link Road Victoria Point Qld 4165 Faith Lutheran College Plainland Faith Avenue Plainland Qld 4341 Good News Lutheran Primary School Middle Park 49 Horizon Drive Middle Park Qld 4074 Good Shepherd Lutheran College Noosaville 115 Eumundi Road Noosaville Qld 4566 Grace Lutheran College Rothwell Cnr Anzac Avenue and Mewes Road Rothwell Qld 4022 Grace Lutheran Primary School Redcliffe 38 Main Road Clontarf Qld 4019 Immanuel Lutheran College Maroochydore Wises Road Maroochydore Qld 4558 Living Faith Lutheran Primary School Murrumba Downs Cnr Brays Road and Ogg Road Murrumba Downs Qld 4503 Pacific Lutheran College Kawana Waters Woodlands Boulevard Birtinya Qld 4575 Peace Lutheran College Cairns Cowley Street Kamerunga Qld 4870 Peace Lutheran Primary School Gatton 36 East Street Gatton Qld 4343 Prince of Peace Lutheran Primary School Everton Hills 20 Rogers Parade West Everton Hills Qld 4053 Redeemer Lutheran College Rochedale 745 Rochedale Road Rochedale Qld 4133 Redeemer Lutheran Primary School Biloela 2 Collard Street Biloela Qld 4715 St Andrews Lutheran College Andrews 175 Tallebudgera Creek Road Andrews Qld 4220 St James Lutheran College Hervey Bay Cnr Urraween Road & Pantins Lane Hervey Bay Qld 4655 St John’s Lutheran Primary School Bundaberg 24 George Street Bundaberg Qld 4670 St John’s Lutheran Primary School Kingaroy 84-92 Ivy Street Kingaroy Qld 4610 St Paul’s Lutheran Primary School Caboolture 55 Smith Road Caboolture Qld 4510 St Peters Lutheran College Indooroopilly 66 Harts Road Indooroopilly Qld 4068 St Peters Lutheran College Springfield Education City Drive, Springfield Central St Stephen’s Lutheran College Gladstone 20 Glenlyon Road South Gladstone Qld 4680 Trinity Lutheran College Ashmore 641 Ashmore Road Ashmore Qld 4214 (Any other Lutheran Schools created within the Queensland District during the life of this Agreement)

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35

SCHEDULE 2 “The Teacher in the Lutheran School” The Lutheran school is an agency of the Lutheran Church of Australia through which the Church seeks to carry out its ministry and mission to the people of Australia. The specific ministry and mission of the Lutheran school is to provide quality formal education in which the Word of God informs all learning, teaching and activities and where forgiveness and grace govern the relationships of the members of the school community. In order to fulfil this ministry and mission the teacher in the Lutheran school, as well as being a qualified and competent educator, will be one who is committed to the Christian faith as confessed by the Lutheran Church, is willing to identify with, uphold and promote the Lutheran ethos of the school and who will exemplify and model the Christian life-style in and beyond the school. The Church will determine from time to time what specific qualifications it requires of teachers to equip them for the ministry and mission of the Church in Lutheran schools. It encourages local school authorities to commission teachers who are appointed to service in a Lutheran school. Every teacher appointed to service who continues to meet the requirements determined by the Church will be an Accredited or Provisionally Accredited teacher in the service of the Church. (Sourced from Lutheran Church of Australia, Board for Lutheran Schools)

Queensland Lutheran Schools Single Enterprise Agreement 2009

36 SCHEDULE 3 Rates of Payment: Wages and Allowances Teachers

Queensland Lutheran Schools Single Enterprise Agreement 2009

37 Teachers – Positions of Added Responsibility

Queensland Lutheran Schools Single Enterprise Agreement 2009

38 Transport, Distribution and Courier Industry

Queensland Lutheran Schools Single Enterprise Agreement 2009

39 Furniture and Allied Trades

Queensland Lutheran Schools Single Enterprise Agreement 2009

40 Building Construction Industry

Queensland Lutheran Schools Single Enterprise Agreement 2009

41 Kitchen Staff, Grounds Staff, Laundry Staff, Tuckshop Staff, Bus Drivers, Caretakers, Cleaners and Minor Maintenance Staff

Queensland Lutheran Schools Single Enterprise Agreement 2009

42 Nurses

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43 School Officers

Queensland Lutheran Schools Single Enterprise Agreement 2009

44 Outdoor Education

Queensland Lutheran Schools Single Enterprise Agreement 2009

45 SCHEDULE 4 Leading Teacher One [Applies until 31 December 2010] (1) Definition A Leading Teacher One (LT1) shall mean a classroom teacher who demonstrates teaching skills of a high standard, a commitment to excellence in classroom practices and professional development. The Leading Teacher One shall have the following primary objectives:– • To utilise strategies and processes in curriculum areas that provide the optimum program delivery for students within a framework of the values and ethos of the Lutheran schools that are parties to the Award. • To assist in interpreting, adapting and applying curriculum programs to the classroom setting and to teach, model and demonstrate program components. • To contribute to the enhancement of the teaching profession within the school context. (2) Eligibility A teacher shall be eligible for a Leading Teacher One (LT1) classification upon: (a) completion of one year’s service on Band 3 Step 4 or earlier at the employer’s discretion, and (b) validation of a minimum prescribed number of criteria as detailed below. However, a teacher will not be eligible for a LTI classification where that teacher’s performance is, at the time of application, the subject of a formal review of unsatisfactory performance in accordance with Annexure B of this Agreement. (3) Mechanism The determination as to whether a teacher progresses to the LT1 classification shall be by a school based panel mechanism. (4) Remuneration The LT1 remuneration payable on appointment is at the rate prescribed in Schedule 3 with such allowance payable for all purposes of the Award. Excepting as to Moderation Allowances prescribed in clause 5.6.2 of the Award, this allowance is not required to be paid in addition to other allowances such as Subject Co-ordinator (clause 5.6.1) or to nonaward payments otherwise made by the employer and attributable to teaching duties. (5) Portability A teacher achieving a LT1 classification will be appointed as such to a school of the Lutheran Church of Australia, Queensland District and as such the position will be portable within the schools of the District. (6) Tenure Appointments to LT1 positions shall commence from 1 January or 1 July following successful application and shall be for a limited tenure of five years. (7) Additional Duties A LT1 may be requested to perform additional duties linked to curriculum delivery. Such additional duties should be decided by way of consultation and with appropriate discounting of normal duties. This should not be applied as to undermine the basic role of the LT1, as defined in clause 1, and should be consistent with the Working Arrangements for Teachers document, Schedule 7. (8)

Evaluation Panel and Duties of Parties (a) An evaluation panel comprising the following persons will be set up at school level: (i) The principal or his / her nominated representative in schools of 240 students or fewer. In schools with more than 240 students, (i) One member selected by the principal. (ii) One member elected by Teaching Staff (iii) One member endorsed by the Principal and Teaching Staff

Queensland Lutheran Schools Single Enterprise Agreement 2009

46 (b) (c)

Suitable guidelines for both panel members and applicants as well as in-service training will be provided. Duty of Applicant – The applicant must apply for the position of LT1 in the prescribed form, which will include: (i) A maximum two page response to the criteria listed herein; (ii) The names and signatures of two professional referees endorsing the truth of the content of the applicant’s response; (iii) Included in the two page application will be an outline of the applicant’s professional development experiences and contributions for the previous year.

(d)

Duty of the Evaluation Panel – Members of the Evaluation Panel shall receive, consider and process applications for the position of LT1. Wherever possible the applications shall be processed by the Evaluation Panel within 1 month of receiving the application. Specific duties of the Panel shall be: (i) Receive applications in the prescribed form. (ii) Collect data and contact referees. (iii) By majority vote of the panel, recommend to the principal acceptance or rejection of the application based on the criteria specified in this schedule. Each applicant must be assessed based on the criteria specified in this schedule and not against each other. (9) Grievance Procedures If the decision is not to appoint the teacher as a LT1, then the teacher is to be advised in writing of those criteria which he/she failed to satisfy. Any appeal by the applicant shall be to a central appeals panel comprising three different members of the categories stated in clause 8(a). If the Appeals panel rejects the application, there is no further administrative appeal allowed. (10) Performance Reviews The following Performance Reviews will take place within the time frame of the appointment: (a) Formative Appraisals – may be conducted by the third year of the appointment. (b) Re-application is through the Panel mechanism in the final year of appointment. (c) Formative appraisal is the property of the holder of the LT1 classification and will not be used by the employer for re-application purposes. (11) (11.1)

Selection Criteria A Teacher applying for the LT1 classification will, to the panel’s satisfaction, demonstrate advanced skills in all five general criteria listed below, understood within a framework of the Lutheran Schools’ values and ethos. This will be evidenced by meeting the performance indicators detailed in paragraph (2). (a) Ongoing commitment to and demonstrated support for the values and ethos of the school. (b) Skills in: effective classroom practices, evaluating and reporting students’ progress, and demonstrated positive relationships with students. (c) Demonstrates professional relationships with parents and the wider school community. (d) Demonstrates skills of a personal and professional ability to work collaboratively with administration, teachers and other staff members. (e) Demonstrates ability to develop and implement ideas gained from professional activities to enhance students’ learning and to promote organisational development.

(11.2)

Performance Indicators: The applicant will be considered to have substantially satisfied these general criteria when the teacher produces evidence relating to the following performance indicators. It is required that the applicant convince the Panel that his/her overall level of attainment in respect of each group of performance indicators taken together substantiate the standard and purpose of the criteria, consistent with the definition of Leading Teacher. Failure to address criteria (iii), (iv) and (v) need not necessarily disqualify a teacher from meeting the criteria and receiving a recommendation for the LT1 classification. However, evidence of satisfying criteria (i) and (ii) is mandatory. It is intended that the teacher’s performance in respect to the criteria/indicators is such as to be a model for other teachers and set a high standard. (i) Ongoing commitment to and demonstrated support for the values and ethos of the school –

Queensland Lutheran Schools Single Enterprise Agreement 2009

47 To satisfy this criterion the applicant shall demonstrate:– (a) an ability and willingness to articulate the implications of the school’s Mission Statement in relation to the school curriculum. (b) an ability and willingness to review and reflect positively upon the teacher’s own teaching practices and the general school educational practices in light of the school’s Mission Statement. (c) an ability to incorporate the values of the school’s Mission Statement into the school curriculum in line with the demands of good teaching practice; (d) active support of school worship. (ii)

Skills in: effective classroom practices, evaluating and reporting students’ progress, and demonstrated positive relationships with students – To satisfy this criterion the applicant shall demonstrate:– (a) ongoing involvement in reflective, adaptive and non-discriminatory classroom procedures and teaching strategies. (b) thorough preparation and purposeful planning, contributing to effective classroom management which provides a classroom climate conducive to learning; (c) use of a variety of appropriate procedures for assessment of students, evaluation of Programs, and appropriate reporting procedures, in keeping with the ethos of the school; (d) consistent provision of effective assistance to students with specific educational needs; (e) skills in providing effective pastoral care within the classroom. (iii) Demonstrates professional relationships with parents and the wider school community – To satisfy this criterion the applicant shall demonstrate:– (a) the ability to develop climates conducive to healthy interpersonal and social relationships; (b) effective communication practices; (c) the capacity to work in partnerships with parents and community organisations; (d) the development of healthy interactions between school and community. (iv)

Demonstrates skills of a personal and professional ability to work collaboratively with administration, teachers and other staff members – To satisfy this criterion the applicant shall demonstrate:– (a) active support for school policy; (b) frequent effective collaboration with colleagues in areas such as planning and evaluation; (c) positive support for and collaboration with other teachers in their professional development; (d) a significant participation in the organisation, planning and development of the school’s curriculum. (v)

Demonstrates ability to develop and implement ideas gained from professional activities to enhance students’ learning and to promote organisational development – To satisfy this criterion the applicant will demonstrate that he/she has:– (a) shown insight into individual student needs, and responded to changed circumstances with well researched practices; (b) implemented effective classroom strategies based on the above; (c) shared these teaching/learning experiences with other teachers.

Queensland Lutheran Schools Single Enterprise Agreement 2009

48 Schedule 4A Leading Teacher One Allowance [Applies from 1 January 2011] (1) Definition A Leading Teacher One (LT1) shall mean a classroom teacher who demonstrates teaching skills of a high standard, a commitment to excellence in classroom practices and professional development. (2) Eligibility A teacher shall be eligible for an LT1 allowance upon completion of one year’s service on Band 3 Step 4 of the Teachers’ salary scale set out in Schedule 3. (3) Remuneration The LT1 allowance payable on appointment is at the rate prescribed in Schedule 3, with such allowance payable for all purposes of the Agreement. (4) Portability A teacher achieving an LT1 allowance will be appointed as such to a school of the Lutheran Church of Australia, Queensland District and the allowance will be portable within the schools of the District. (5) Not paid in addition to Other Allowances Excepting as to Moderation and the Northern Allowances prescribed in clause X of this Agreement, this allowance is not required to be paid in addition to other allowances such as Positions of Added Responsibility or Leading Teacher Two.

Queensland Lutheran Schools Single Enterprise Agreement 2009

49 SCHEDULE 5 Leading Teacher Two 1. Aims Leading Teacher Two is focused on the teacher in the classroom maximising learning outcomes for students, and seeks to recognise teachers who work productively in their schools, with colleagues and students and who are role models for other teachers. 2.

Definition (a) A Leading Teacher Two shall mean a classroom teacher who through their classroom practices and professional learning demonstrates excellence in the teaching profession. (b) A Leading Teacher Two position is based on status and not promotion and offers an enhanced path based on merit in two classroom based strands namely mentoring and curriculum leadership. (c) The Leading Teacher Two shall have the following primary objectives: • To utilise strategies and processes in curriculum areas that provide the optimum program delivery for students within a framework of the values and ethos of the Lutheran schools. • To assist in interpreting, adapting and applying curriculum programs to the classroom setting and to teach, model and demonstrate program components. • To contribute to the enhancement of the teaching profession within the school context.

3.

Eligibility (a) Leading Teacher Two is intended to encourage exemplary teachers to remain in the classroom and is an alternative to administrative positions within the School. A PAR or Senior Administrator may wish to apply for such a position but cannot receive the Leading Teacher allowance at the same time as receiving a PAR allowance or Senior Administrator’s salary. (b) Eligibility for Leading Teacher Two status will not be limited by quota (with the exception of country and smaller schools where it is acknowledged that there are cost implications and limited leadership roles). At schools with 240 or fewer enrolments the employing authority shall determine the number and category of Leading Teacher positions available in the school. (i) A teacher may apply at any stage of their teaching career as long as they meet all of the criteria as detailed in clause 8. (ii) A teacher is not required to have held a Leading Teacher One position to apply for a Leading Teacher Two position.

4.

Additional Duties (a) A teacher will provide a commitment to professional duties attached to the role of mentoring or leadership. (b) Any additional duties required to meet site specific need will be negotiated between the principal and the Leading Teacher Two with appropriate discounting of normal duties.

5.1

Appointment and Tenure (a) An evaluation panel comprising the following persons will be set up at school level: (i) The principal or his/her nominated representative in schools of 240 students or fewer. In schools with more than 240 students, one member selected by the principal; (ii) One member elected by Teaching Staff; (iii) One member endorsed by the Principal and Teaching Staff. (b) Suitable guidelines for panel members and applicants will be developed collaboratively between the parties and in-service training will be provided. (c) Duty of Applicant – The applicant must apply for the position of Leading Teacher Two specifying either the mentoring or leadership strand in the prescribed form, which will include: (i) A maximum two page response to the criteria listed herein; (ii) The names and signatures of two professional referees endorsing the truth of the content of the applicant’s response; (iii) Included in the two page application will be an outline of the applicant’s professional development experiences and contributions for the previous year.

Queensland Lutheran Schools Single Enterprise Agreement 2009

50 (d)

Duty of the Evaluation Panel – Members of the Evaluation Panel shall receive, consider and process applications for the position of LT2. Wherever possible the applications shall be processed by the Evaluation Panel within 1 month of receiving the application. Specific duties of the Panel shall be: (i) Receive applications in the prescribed form; (ii) Collect data and contact referees; (iii) By majority vote of the panel, recommend to the principal acceptance or rejection of the application based on the criteria specified in this schedule.

Each applicant must be assessed based on the criteria specified in this schedule and not against each other. 5.2 Applicants may apply for a Leading Teacher Two position at any time but cannot be required to commit to duties until the Leading Teacher Two allowance is payable. 5.3 Appointments to Leading Teacher Two shall commence from 1 January or 1 July following successful application and shall be for a limited tenure of five (5) years. Re-application is through a panel mechanism as identified in this clause in the final year of the tenure. 5.4 Notwithstanding clause 4.2, a principal may elect to suspend a teacher’s Leading Teacher Two status for the duration of an unsatisfactory performance process should the employee’s performance be demonstrated to be unsatisfactory and become subject to such a process. 5.5 Duties connected to the Leading Teacher Two position would then cease to be performed by the teacher for the duration of the process should clause 4.3 be activated. 5.6 Upon satisfactory completion of the process the Leading Teacher Two will be reinstated to the position and receive the allowance. 6.

Allowance (a) The Leading Teacher Two allowance payable on appointment is at the rate prescribed in Schedule 3 with such allowance payable for all purposes of the Agreement. (b) Excepting as to Moderation Allowances prescribed in clause 5.6.2 of the Award, this allowance is not required to be paid in addition to other allowances such as PAR Allowances or to non-Award payments otherwise made by the employer and attributable to teaching duties.

7. Portability A teacher achieving Leading Teacher Two status will be appointed as such to a school of the Lutheran Church of Australia, Queensland District and as such the position will be portable within the schools of the District. 8.

Selection Criteria (a) A teacher applying for Leading Teacher Two status will, to the panel’s satisfaction, demonstrate excellence in all of the following criteria as understood within a framework of the Lutheran Schools’ values and ethos.

Queensland Lutheran Schools Single Enterprise Agreement 2009

51 LEADING TEACHER 2 -CLASSROOM TEACHER - MENTOR Designed to recognise, reward and retain exemplary teachers in the classroom. Mentor teachers formally take on the role of mentor when required and be officially recognised for the work they already do. Mentor teachers could model best practice for pre-service teachers, nurture beginning teachers and induct new teachers into their school community. SC1 Utilise innovative and/or exemplary teaching strategies and techniques in order to more effectively meet the learning needs of individual students, groups and/or classes of students.

SC2 Employ consistent exemplary practice in developing and implementing student reporting processes.

assessment

and

SC3 Engage in a variety of self-development activities, including a consistently high level of critical reflection on one’s own teaching practice and teacher leadership.

SC4 Ongoing commitment to and demonstrated support for the values and ethos of the school. Have met, or be actively working towards meeting the theological training as prescribed by the Board for Lutheran Education Australia and detailed in Clause 2.1 of this Certified Agreement.

SC5 Provide high-level leadership and partnerships within the school community through a key role in school development processes - with a particular focus on mentoring / buddying teachers including graduate teachers.

LEADING TEACHER 2 -CLASSROOM TEACHER - LEADERSHIP Development of the experienced teacher’s role outside of the classroom to stimulate experienced teachers to develop leadership roles outside their classrooms sharing their expertise and passion for their work in a key role in their school in curriculum planning, support, development and dissemination. SC1 Utilise innovative and/or exemplary teaching strategies and techniques in order to more effectively meet the learning needs of individual students, groups and/or classes of students.

SC2 Employ consistent exemplary practice in developing and implementing student reporting processes.

assessment

and

SC3 Engage in a variety of self-development activities, including a consistently high level of critical reflection on one’s own teaching practice and teacher leadership.

SC4 Ongoing commitment to and demonstrated support for the values and ethos of the school. Have met, or be actively working towards meeting the theological training as prescribed by the Board for Lutheran Education Australia and detailed in Clause 2.1 of this Certified Agreement.

SC5 Provide high-level leadership and partnerships within the school community through a key role in school development processes - with a particular focus on curriculum planning, support, development and dissemination.

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52 SC1

FACILITATING STUDENT LEARNING

A teacher operating within this phase is able to: • undertake planning to support student learning. • apply a professional knowledge base to the design of learning experiences. • facilitate and promote student learning. • cater for individual student learning styles and needs. • manage teaching and learning processes. • select and use instructional resources and learning technologies. Some indicators of effective practice A teacher operating within this phase: • Identifies learning outcomes for individuals and groups that are matched to students’ development needs and are consistent with system, district and school curriculum requirements. • Prepares purposeful and sequential learning experiences that integrate learning areas and are responsive to student interests and learning styles. • Establishes coherent links between intended learning outcomes, learning experiences and forms of assessment. • Makes appropriate provisions for individual students who have particular learning differences or needs. • Addresses student safety issues and concerns. • Designs learning experiences that consider and take account of the key concepts, principles and theories central to the learning area(s). • Anticipates and adjusts for common misunderstandings of the learning area(s) that may impede learning. • Links key concepts, principles and theories to other learning areas and to life applications. • Utilises knowledge of available curriculum materials and resources in designing learning experiences. • Applies an understanding of human development and learning theory to the design of learning experiences. • Makes the purposes of learning experiences explicit to students and links new concepts to prior knowledge. • Employs effective questioning strategies to promote student involvement and thinking. • Utilises varying patterns of interaction within and across learning experiences. • Uses a variety of forms of communication to present questions, concepts, ideas, directions and explanations to students. • Emphasises communication as a vehicle for learning through the use of discussion and by listening and responding to the ideas of others. • Offers clear explanations of concepts, relationships, procedures and processes. • Implements learning experiences that provide opportunities for student collaboration, problem solving, inquiry and creativity. • Encourages students to take increasing responsibility for attaining learning goals. • Assumes different roles in the instructional process based on the content and purposes of learning experiences. • Promotes students’ awareness of their own though processes and the use of reflection to build new understandings. • Modifies learning experiences to accommodate the learning styles and needs of individuals or groups of students. • Provides individualised programs, support and instruction for students with specific needs. • Establishes and communicates expectations for student learning and provides clear directions and instructions to students to support their engagement with learning experiences. • Structures learning experiences to ensure students have a sense of purpose. • Establishes and maintains a classroom environment which has clear expectations for standards of behaviour. • Organises, allocated and manages time, materials and physical space to support learning. • Encourages students to assume responsibility for their behaviour. • Uses praise and encouragement to foster students’ self-esteem and to promote investment in effort. • Provides students with flexible procedures and predictable routines. • Applies positive management techniques to respond to off-task or inappropriate behaviour. Queensland Lutheran Schools Single Enterprise Agreement 2009

53 • • • • • •

SC2

Applies personal knowledge of relevant learning areas in evaluating instructional resources and learning technologies for comprehensiveness, accuracy and usefulness in representing particular concepts. Uses a range of instructional resources and learning technologies within and across learning experiences. Encourages students to select and use appropriate instructional resources and learning technologies to enhance thinking and to further conceptual understanding. Engages the wider community as a resource for learning. Utilises the whole school (physical and human) as an environment to enhance student learning. Facilitates equitable student access to human, material and technological resources that facilitate the achievement of outcomes.

ASSESSING STUDENT LEARNING OUTCOMES

A teacher operating within this phase is able to: • Monitor and assess student learning outcomes to provide the basis for ongoing planning and reporting. • Record student learning outcomes. • Report progress to parents and others responsible for the care of students.

Some indicators of effective practice • Relates assessment tasks to planned learning outcomes. • Plans and uses purposeful assessment tasks which are integrated within and/or across sequences of learning experiences. • Designs assessment tasks that are inclusive of all students and that allow students to demonstrate achievements in a variety of ways. • Provides students with clear and constructive feedback on performance within an appropriate time frame. • Encourages student self/peer monitoring and reflection where appropriate. • Utilises information acquired through monitoring and assessment to inform planning. • Plans and conducts monitoring and assessment activities in accordance with systemic, district and school policies. • Designs and utilises a basic recording system of appropriate detail and utility. • Records student learning outcomes accurately and consistently. • Adheres to the principles of confidentiality. • Provides detailed, accurate and informative written and oral reports on student progress. • Uses reporting procedures that are consistent with school policies. • Reports assessment information that is consistent with evidence collected and recorded. • Utilises language that can be understood by parents and other caregivers. • Encourages dialogue with parents and caregivers to respond to issues arising from student progress reports.

SC3

ENGAGING IN PROFESSIONAL LEARNING

A teacher operating within this phase is able to: • Reflect on professional experiences. • Initiate action to promote ongoing professional growth. • Explain own developing approach to teaching and learning. Some indicators of effective practice • Regularly reflects on a wide range of actions and experiences to identify areas for ongoing professional growth. • Obtains feedback from a variety of sources prompt reflection and action. • Establishes goals for his or her professional development. • Engages in dialogue with colleagues in relation to professional issues. • Uses classroom observation, information about students, pedagogical knowledge and research as sources for active reflection, review and ongoing development. Queensland Lutheran Schools Single Enterprise Agreement 2009

54 • • • • • • • •

SC4

Collaborates with other professionals to solve problems, generate new ideas, shape experiences and seek and provide feedback. Plans action, based on reflections, to promote own processional growth. Seeks assistance from colleagues to address identified professional development needs. Undertakes classroom-based self-development projects, for example, action research. Participates in professional development workshops, conferences, seminars or courses and engages in professional reading. Identifies theories, concepts and ideas that underpin the preferred approach to teaching and learning. Describes his or her approach to teaching and learning. Outlines implications for professional practice arising from approach described.

Lutheran Ethos

Some indicators of effective practice: • Ongoing commitment to and demonstrated support for the values and ethos of Lutheran Education. • To satisfy this criterion the applicant shall demonstrate: • an ability and willingness to articulate the implications of the school’s Mission Statement in relation to the school curriculum. • an ability and willingness to review and reflect positively upon the teacher’s own teaching practices and the general school educational practices in light of the school’s Mission Statement. • an ability to incorporate the values of the school’s Mission Statement into the school curriculum in line with the demands of good teaching practice. • active support of school worship. • provide evidence of completion of or working towards completion of the theological training prescribed by the Board for Lutheran Education Australia as detailed in Clause 2.1 of this Agreement. SC5 (MENTORING) PROVIDE HIGH LEVEL LEADERSHIP AND PARTNERSHIPS WITHIN THE SCHOOL COMMUNITY - MENTORING/BUDDYING TEACHERS (INCLUDING GRADUATE TEACHERS) A teacher operating within this phase is able to: • Assess quickly the professional strengths and weakness of their mentee and accurately identify areas that might require particular support or close monitoring. • Establish a strong sense of trust and mutual respect in the relationship. • Employ a range of strategies that improve self esteem and self efficacy. • Inspire teachers to seek higher goals, meet more challenging expectations and develop an increased sense of professional pride. • Equip teachers with a range of coping strategies. • Equip teachers with appropriate tools which they can use to evaluate their own progress, reflect upon their achievements and develop a practical and realistic self improvement plan. • Some indicators of effective practice • Meets regularly with the mentee for formal and informal reviews of progress and concerns. • Employs reflective listening techniques to elicit deeper level of understanding of the views, values, attitudes, triumphs and struggles of the mentee. • Shows sensitivity to others, celebrates difference and treats people with honest and integrity. • Completes own responsibilities ahead of schedule to allow time to assist the mentee during periods of particularly heavy workloads such sue assessment and reporting at the end of each term. • Introduces mentee to a range of contacts and colleagues, fosters the development of effective channels of communication and acts as a catalyst for developing broader social and professional networks. • Organises and present workshops on topic relevant to the professional growth and development of other teachers. • Keeps up with the latest developments in one’s own professional area and models best practice in one’s own classroom. • Displays a positive attitude at all times and maintains friendly cheerful demeanour in front of colleagues.

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55

SC5 (LEADERSHIP) PROVIDE HIGH LEVEL LEADERSHIP AND PARTNERSHIPS WITHIN THE SCHOOL COMMUNITY - CURRICLUM PLANNING A teacher operating within this phase is able to: • Develop and apply and understanding of the Queensland Curriculum Framework to curriculum policy and program teamwork. • Contribute to curriculum policy and program team meetings. • Participate in tasks to support the work of curriculum policy and program teams. Some indicators of effective practice • Understands the structure of the Queensland Curriculum Framework. • Identifies major disciplines underpinning each of the eight learning areas. • Explains how learning areas are interconnected or linked. • Demonstrates sound knowledge of key concepts and processes of learning associated with relevant learning areas. • Articulates core values under pining Queensland school curriculum. • Identifies relevant curriculum support documents. • Describes the relationship between content and pedagogy. • Uses understanding of curriculum processes and learning theory to support contributions to team discussions. • Cooperates with team members in order to formulate team responses to curriculum issues. • Accepts responsibility for completing team-related delegated tasks outside team meetings. • Seeks further information and support from team members to clarify delegated tasks. • Gathers classroom-based data and information required to support curriculum policy and program teams. • Completes key delegated tasks with minimum supervision. • Adjusts classroom practices as required to ensure consistency with curriculum policy and program initiatives. • Respects students as individuals with different experiences, skills, talents and interests. • Response to students’ emotional needs by providing appropriate support. • Accepts and values students’ diversity and treats students equitably. • Listens and responds to students’ questions, comments, opinions, thoughts, ideas and silences. • Adjusts communication styles to cater for diverse student needs. • Participates in collegial school activities designed to enhance student learning. • Seeks colleagues’ perspectives in attempting to respond to issues, problems or challenges. • Offers a personal perspective on issues, problems or challenges. • Acts in such a way as to model respect and support for diversity of teaching and working styles. • Uses the benefits associated with working with a diverse teaching and non-teaching staff to meet student learning needs. • Initiates contact with parents or caregivers to report progress or seek support. • Encourages parents or caregivers to initiate contact to support students’ wellbeing. • Engages in active listening to determine and clarify parent or caregiver concerns and requests. • Negotiates solutions to respond to parent or caregiver issues, concerns or problems. • Responds to advice, concerns and requests for assistance by parents or caregivers. • Explains systemic, district, school and classroom policies and procedures to promote understanding among parents or caregivers.

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56

SCHEDULE 6 Positions of Added Responsibility 1

Introduction

1.1

Coverage

1.1.1

The terms and conditions of the Teachers’ Award – Non-Governmental Schools contained in Annexure E shall continue to apply to teachers covered by this Schedule.

1.1.2

This Schedule shall apply to all teachers appointed to Positions of Added Responsibility up to but not including Deputy Principal and other Senior Administration roles in schools conducted by Employing Authorities which are party to this Agreement.

1.1.3

This Schedule provides Positions of Added Responsibility in Lutheran schools that:

• • • • • • •

Assure quality learning for students; Provide a satisfactory career path for teachers; Maintain quality management and accountability; Contribute positively to the Christian ethos of the school; Are determined in a fair manner; Receive adequate time to carry out the role; and Receive just remuneration.

1.1.4

This Schedule prescribes conditions of employment for PARs in each school covered by the Agreement. A detailed schedule of the PAR unit points shall be set out for each school in the School Profile (SP) that shall include the distribution of PAR points on a secondary curricular, secondary pastoral, and primary basis. In addition, the schedule will contain phasing-in arrangements where these have been negotiated.

1.2

Existing Contractual Arrangements

1.2.1

A person currently employed in a Position of Added Responsibility which continues to exist, shall be appointed to that position on the terms included in this Schedule. However, where an existing PAR has been appointed for a period longer than that identified in Clause 6.3 the employee will continue to be appointed for that longer period.

1.2.2

A person employed with assured permanency in a Position of Added Responsibility that continues to exist shall be eligible to continue in that position on the same basis as the previous employment, i.e. permanency is assured. Where a school initiates a restructure of PAR positions and provided that the employee shall be remunerated within the terms of this Schedule, the employer may request and the employee may agree that a new contractual arrangement may be entered into as to continued tenure in the position, i.e. the parties may agree to adjust the permanency into fixed term arrangements.

1.3

School Profile

The School Profile shall include details in respect to the distribution of PAR points of the school. It shall be developed to meet the minimum levels indicated in Clause 3 of this Schedule. The Principal has the final decision concerning the distribution of PAR points within the school consistent with the requirements and obligations set out in this Agreement. 1.4

Consultation

Clause 6.3 of the Queensland Lutheran Schools Single Enterprise Agreement 2009 recognises the importance of consultation in enhancing planning, preventing disputes and improving employee morale. This principle has equal relevance in all aspects of school life including Positions of Added Responsibility. In light of this, it is recommended that schools include key stakeholders in any consultative processes or structures relating to PAR’s.

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57 2

Definitions

2.1

Positions of Added Responsibility: A PAR is defined as the appointment of a teacher within the school designated to provide support to the Principal in the overall management of the school specifically in the areas of curriculum, pastoral care and other administrative responsibilities. PARs can exist at the secondary, primary or middle years of schooling or from P-12 but do not include Senior Administration roles.

2.2

Secondary Curricular Leaders (e.g. Head of Department, Subject Coordinator etc): These employees will have responsibilities relating to the leadership and management of all duties, programs, teaching staff and activities associated with a subject/KLA/faculty.

2.3

Secondary Pastoral Leaders (e.g. Year Level Coordinator, House Leader etc): These employees will have responsibilities relating to the leadership and management of pastoral duties, behaviour management, teaching staff and activities associated with the climate of Christian care afforded students in the secondary school. This is traditionally a role at the secondary level only as students are no longer with one or two main teachers for the majority of each day, hence the need for additional structures to monitor and support their progress.

2.4

Secondary: Secondary is defined as years 8-12.

2.5

Primary: Primary is defined as years P-7.

2.6

Middle School: In schools with a designated Middle School section or campus, the organization of PARs shall be tailored to fit the philosophy and organization of those individual schools.

2.7

Senior Administration Roles: As individual schools determine their own senior leadership structures, the classification of positions as Senior Administration roles is determined by the Principal in each school.

3

Allocation of PAR Points

3.1

The following table outlines the minimum points available commensurate with school enrolments for the provision of both allowance payments and release time for Positions of Added Responsibility in schools.

School Classification Primary Middle School Secondary – enrolments <200 Secondary – enrolments 200-299 Secondary – enrolments 300-399 Secondary – enrolments ≥400

Minimum number of PAR Points required 1 Point for every 20 students (for schools with primary sections of >200 students) Secondary and Primary Points are allocated on a pro-rata basis 1 Point for every 15 students 1 Point for every 10 students (at least 20% to be allocated to Pastoral positions) 1 Point for every 8 students (at least 20% to be allocated to Pastoral positions)

1.

1 Point for every 6 students (at least 20% of the Secondary PAR Points must be allocated to Pastoral positions)

3.2

Enrolment levels for the purpose of allocation of minimum PAR points at the school level shall be those taken from the August Commonwealth School Census in the year prior to the operating year.

3.3

The number of PAR points allocated in accordance with this clause will be in addition to any Senior Administration Roles which may be appointed pursuant to Clause 2.7.

3.4

Schools with both Primary and Secondary enrolments (e.g. P-12 Colleges) must add the minimum points for both sections identified in the above table to arrive at the total minimum PAR points for the school.

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58 4

Remuneration and Release Time

4.1

For the purpose of determining the appropriate salary allowance and release time for all PARs, ONE (1) PAR POINT is equivalent to: 3.75% of Band 3 Step 4 in Allowance, or 45 ± 5 minutes per week (3.75% of 20 hours) in Release Time, consistent with lesson length.

4.2

Time release may be accumulated and offered as an equivalent number of days/year where schools in certain circumstances (e.g. rural or remote) would have difficulty in finding short-term coverage for classes each week and where employee/employer agreement is reached.

5

Classification

5.1

Secondary Curricular Leader: Where secondary curricular leaders are to be appointed, they are to be classified at one of six (6) levels depending on the number of hours occupied on the weekly timetable by classes for that subject/ KLA/faculty and the minimum PAR points afforded each is set out in the following table*.

Level

No. of Hours / Week On T’table

Total PAR Points

Release Time Points

CL1 100+ 12 6 CL2 80-99 10 5 CL3 60-79 8 4 CL4 40-59 6 3 CL5 20-39 4 2 CL6 <20 2 1 N.b. CL – Curricular Leader * Actual salary rates for the current year are set out in Schedule 3 5.1.1

Allowance Points (value at 1/5/07) 6 ($14892) 5 ($12410) 4 ($9928) 3 ($7446) 2 ($4964) 1 ($2482)

Actual Value (1/1/08)

$3024

The actual allowance for a CL6 has been raised to match the allowance currently payable to a LT1 to ensure no curricular PAR is disadvantaged. It will be capped at $3024 until such time as the value of a PAR point (i.e. 3.75% of Band 3 Step 4) rises above this level.

5.1.2. A secondary curricular leader who is appointed to a position where the subject(s) / key learning area occupies 120 hours or more on the timetable or where there is unusual complexity in the role shall be entitled to negotiate additional points of release time to assist in the administration of the role. 5.2

Level

Secondary Pastoral Leader: Where secondary pastoral leaders are to be appointed, they are to be classified at one of six (6) levels depending on the equivalent number of students for which each leader takes direct responsibility and oversight. The minimum PAR points afforded each level are set out in the table below*. No. of Students

Total PAR Points

Release Points

PL1 >180 11 7 PL2 151-180 9 6 PL3 121-150 7 5 PL4 91-120 5 3 PL5 61-90 3 2 PL6 ≤60 2 1 N.b. PL – Pastoral Leader *Actual salary rates for the current year are set out in Schedule 3

Time

Allowance Points (value as at 1/5/07) 4 ($9928) 3 ($7446) 2 ($4964) 2 ($4964) 1 ($2482) 1 ($2482)

5.2.1

Where two (2) or more secondary pastoral leaders share responsibility for the one group of students each PAR, for classification sake, shall be deemed to be responsible for an equal share of the group.

5.3

Other: Additional PAR positions may be required in order to cater for school strategic planning, increasing government compliance etc. These may be permanent or temporary appointments.

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59 Examples may include VET Coordination, Sportsmaster, SETP/Careers Coordination, ICT Coordination, Key Teacher, Primary Curriculum Coordination, Primary or Middle School Pastoral Coordination and Values Education Coordination. As these initiatives do not normally sit as classes on a timetable and therefore are unable to be classified as Curricular PARs, the Principal has the right to create, name and allocate release time and allowance points after taking into consideration aspects such as: • The number of students involved. • The number of year levels involved. • The number of teachers involved. • The approximate number of hours required per week to fulfil the role. 5.4

As curricular and pastoral leadership roles at the primary and middle-school levels may be significantly different in scope and size to those in the secondary sphere, they should be classified under the “Other” category detailed in Clause 5.3. However, for the purpose of achieving equity, where these roles become similar in size to their secondary counterparts, the respective classification tables in Clauses 5.1 and 5.2 should be used to determine minimum allowance and release time.

5.5

Middle School: As Middle Schooling traditionally spans the Primary/Secondary divide, schools with designated Middle Schools should tailor the organization of their PARs to suit their individual philosophy and structure.

5.6

Where the employee requests, and the request is agreed to by the Principal, a variation to the release time/allowance split set out in Clauses 5.1 and 5.2 may occur and shall be confirmed in writing and reviewed annually. Such an arrangement shall be reflected in the School Profile.

5.7

Changes to PAR classification levels for both secondary pastoral and curriculum leaders necessitated by a rise or drop in either enrolments or hours/week on the timetable can only occur at the start of a school year unless otherwise agreed to by employer and employee, and these changes will be confirmed in writing.

5.8

Where PAR’s are asked to perform additional duties outside the scope of their role description additional release time and/or payment will be negotiated prior to the PAR undertaking the additional duties. This release time may take the form of a single block or weekly release over a defined period.

6

Selection and Appointment Procedures

6.1

Selection Procedure

6.1.1

The Principal shall have the responsibility for the appointment of teachers to Positions of Added Responsibility.

6.1.2

Where they currently do not exist, clear role descriptions should be developed along with key selection criteria as part of the selection and appointment process.

6.1.3

The suitability of an applicant for a position will be based on the requirements of this role description and success in meeting the key selection criteria.

6.1.4

Where it is the school’s intention to make an internal appointment to fill a vacant PAR, the Principal should call for expressions of interest from staff members as part of the appointment process.

6.2

Letter of Appointment

A teacher appointed to a Position of Added Responsibility under this Schedule shall be provided with a letter of appointment that outlines the current: •

Classification of the role (if pastoral or curricular), and

•

Distribution of Allowance and Release Time points for the role.

6.3

Tenure

6.3.1

PAR appointments other than those covered by Clauses 1.2 and 6.3.3 are for an initial period of between three (3) to five (5) years unless the position becomes redundant. A further appointment of

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60 between three (3) to five (5) years will be made subject to a continued designation of the position and a satisfactory performance review towards the conclusion of the first period of appointment. 6.3.2

After the completion of an appointment period of between six (6) to ten (10) years, the Principal may at his/her discretion advertise the position. Subject to a successful application the incumbent shall be appointed in accordance with Clause 6.3.1 above.

6.3.3

A temporary PAR may be created in response to an emergent need within the school. In cases such as this, the appointment period may be for less than the three (3) years designated in Clause 6.3.1. Where the position continues to be required at the end of the initial appointment period, the incumbent will be offered a new contract subject to a satisfactory performance review without the need to reapply. (a) Identifiable situations that may require a PAR appointment to be less than three (3) years include: • A special project • Special Government Grant/s • Anticipated cessation of the PAR’s corresponding department or section of the school.

6.4

Appointment of Acting Positions

6.4.1

The need for an acting Position of Added Responsibility may arise in situations where the incumbent is on leave or an interim vacancy exists. These appointments are for a fixed term of four (4) or more weeks and shall be confirmed in writing.

6.4.2

Where the appointment is made across a vacation period or where an acting appointee is required to perform PAR responsibilities over a vacation period, the appointee will be paid at the acting rate for the vacation period.

6.4.3

Where appropriate the Principal may call for expressions of interest from current employees regarding the acting position.

7

Termination of Employment

7.1

Where a decision is made by the employer not to renew an employee’s PAR appointment (for reasons other than unsatisfactory performance) the employer shall give a minimum of three (3) months notice to the employee holding the PAR.

7.2

A person whose position is terminated in accordance with Clause 6.3 shall continue to be employed as a teacher under the terms and conditions of the Teachers’ Award – Non-Governmental Schools and this Agreement.

7.3

Where a decision is made by a PAR employee to resign from their PAR appointment the employee shall give a minimum of three (3) months notice. This period of notice may be reduced by agreement between the employer and employee. The employer shall take into consideration the personal circumstances of an employee in giving consideration to an application to shorten the notice.

7.4

Where a PAR employee wishes to relinquish a PAR position but remain on the teaching staff of the school the employer shall, in the first instance, advertise the position internally.

7.5

Notwithstanding Clause 7.4 there may be circumstances where a school has insufficient qualified or experienced staff to make an internal appointment.

7.6

In the event of unsatisfactory performance of a PAR employee, nothing contained in Clause 7 of this Schedule prevents an employer from conducting a formal review for unsatisfactory performance and following the process set out in Annexure B of this Agreement.

7.7

This Clause shall not apply to any employee dismissed for incompetence, misconduct or neglect of duty.

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61

SCHEDULE 7 Schools and Colleges Working Arrangements for Teachers 1.

Introduction

The shared intention of the Lutheran Church of Australia Queensland District (LCAQD), and of the employees in its schools, is to provide caring quality Christian education, affordable fees for those who attend Lutheran schools, and due reward and consideration for the employees in those schools. This document is intended to provide principles of good practice and limits within which schools may work. 2

The Nature of Teachers’ Work

Programmed work is defined as those activities a teacher is required to undertake by a school. In addition to programmed work at school, it is acknowledged that teachers spend considerable amounts of time preparing for that work or in other professional tasks at school, in the community, or at home. The nature of teachers’ work, both programmed work and work undertaken in addition to programmed work, includes the following activities: • • • • • • • • • • • • • • • • • • • • • • •

teaching planning work organising work writing programs writing units, student handouts etc writing policy and procedures setting assessment instruments marking papers, essays or other assessments preparing lessons seeking out resources classroom management report writing reading journals, viewing media, researching excursion opportunities preparing speeches, chapel services, devotions etc attending educational meetings (e.g. panels) attending Council committees (e.g. Strategic Planning) attending P & F meetings attending or leading educational conferences and workshops moderating performance of students (checking student work for comparability) discussing philosophy, strategies etc with other teachers recording, filing, storing materials conducting extra curricular programs in sport, recreational or cultural activities keeping up with the curriculum, change and various initiatives

It is important to note that this list is not exhaustive. 3.

PRINCIPLES OF GOOD PRACTICE

Lutheran schools in Queensland will practise the following principles in the interest of fair and effective administration of their workplaces: 3.1

Teachers and Voluntary Service Lutheran Schools provide a range of learning experiences in addition to those offered in the curriculum. Within Lutheran schools, teachers support these programs by providing voluntary leadership or assistance. Such service shall be both voluntary (i.e. offered by the teacher) and honorary (i.e. without remuneration). Recognising the voluntary nature of this contribution, principals will respect the right of teachers to choose, as far as is practical, where and when this contribution is made.

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62 3.2

Affirmative Action Each school will comply with the Equal Opportunity for Women in the Workplace Act (1999). Each school should appoint an affirmative action co-ordinator to ensure compliance.

3.3

Professional Development Schools support and encourage teachers to enhance their professional development. This shall be linked to the relevant appraisal system, the goals of the school, the personal goals of teachers as related to their work, and the appropriateness to the teacher’s position. It shall be the school’s responsibility for provision of a core of professional development, including release time and course fees within that school’s budget. However, courses required for Registration by the State, or Approval/Accreditation by the Lutheran Church are considered to be pre-service requisites and not professional development for the purposes of this clause.

3.4

Workplace Health and Safety Where a school has a Workplace, Health and Safety Committee it shall include at least one member of teaching staff.

4.

OPERATING PARAMETERS: HOURS OF PROGRAMMED WORK

4.1

The School Year Schools may require teachers to be present for professional duties for up to the equivalent of 41 calendar weeks (Public holidays which fall within this time will be observed). Professional development and other student free activities will be included in this period, but details of timing will be negotiated at the school level. It is not the intention to increase the quantum of calendar weeks given to professional duties as currently operating in particular schools. If a variation to the existing schedule is sought, it shall be negotiated with staff at the school level.

4.2

The School Week: Secondary Total programmed work shall be up to 31 hours made up of:

4.2.1

Programmed Subject Area Teaching - 20 hours maximum.

4.2.2

Programmed Preparation and Correction Time - An amount equal to a minimum of 20 percent of actual programmed subject area teaching time shall be allocated to preparation and correction time as part of the total programmed work. This provision shall include teachers who hold positions of added responsibility. Part-time teachers shall receive pro-rata provision of preparation and correction time.

4.2.3

Other School Work – informal pastoral care, marking of roll, sport, supervision, grounds duty, meetings, communication with parents (telephone, email or ad hoc meetings), chapel, 50 minutes per week paid morning tea breaks etc. The time is 7 hours for a teacher on full subject teaching load.

4.2.4

Operating Parameters Programmed work may be aggregated and averaged in a cyclic timetable which is structured over more than five days. Aggregation and averaging shall not extend beyond the length of the defined cycle. Where the nature of a teacher’s duties require aggregation beyond the length of the school’s defined timetable cycle, the principal shall negotiate, with the teacher, an averaging period and aggregation which is consistent with the provisions of Clause 4.

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63 4.3

The School Week: Primary

Total programmed work shall be up to 31 hours made up of: 4.3.1

Programmed teaching 24 hours maximum out of the scheduled program for students.

4.3.2

Programmed non-contact time – (i) The Parties agree that release time for primary teachers shall be a minimum of two (2) hours per week. (ii) Where release time is already timetabled in excess of the above, such release time shall not be reduced below a minimum of two (2) hours per week. (iii) Such time shall be taken in blocks that facilitate effective and productive preparation and correction. (iv) Where difficulties arise at school due to staff student ratios, then local site variations to the above time line may be permitted by negotiation between parties to this Agreement.

4.3.3

Other school work – staff devotions, supervision, grounds duty, meetings, communication with parents (telephone, email or ad hoc meetings), 50 minutes per week paid morning tea breaks etc. shall be up to 5 hours for a teacher undertaking 24 hours of programmed teaching.

4.4

The School Week: Secondary/Primary Where teachers work in schools other than stand-alone primary or secondary (e.g. P-12, middle schools), programmed teaching, programmed non-contact time and other work will be calculated on a pro-rata basis.

4.5

The School Week: Prep (Year 1 minus 1 and Year 1 minus 2) Total programmed work shall be up to 31 hours made up of:

4.5.1

Programmed teaching: 27.5 hours maximum.

4.5.2

Programmed non-contact time: at least 2 hours per week shall be provided as part of total programmed work. Such time shall be taken in blocks that facilitate effective and productive preparation and correction.

4.5.3

Other school work: staff devotions, meetings, 50 mins per week paid morning tea time, storage of indoor and outdoor environments, etc. shall be up to 1.5 hours for a teacher undertaking 27.5 hours of programmed teaching.

4.5.4

By mutual agreement involving the staff concerned, the programmed teaching hours may be aggregated and averaged over a term or a semester.

4.6

Daily and Weekly Timetable At a school level the daily and weekly timetables may be organised to suit the school’s own institutional, educational and community needs. All programmed and unprogrammed work shall be worked on a continuous basis and not more than one-third shall be performed before 9 am and after 5 pm. Lunch periods, and other undirected times, do not comprise part of programmed work unless a teacher is directed to undertake supervision of students.

4.7

Occasional Functions These are functions that a teacher is directed to attend and are not part of the normal weekly schedule such as fetes, presentation nights, parent/teacher evenings. In addition to the total programmed work defined under this clause a maximum of 31 hours may be scheduled by the school within the school year as defined in Clause 4.1.

4.8

Camps Where teachers contribute a significant amount of time planning and running a camp, consideration will be given to time release, particularly when there is no opportunity to recuperate before resuming duties (e.g. where a camp extends over a weekend).

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64

5.

OTHER CONDITIONS OF EMPLOYMENT

5.1

Leave Without Pay Teachers may negotiate with their principal to take Leave Without Pay for up to a one year absence. Leave entitlements (i.e. Long Service Leave, Sick Leave, Annual Leave), salary increments applicable and/or in credit at commencement of such leave will be preserved, provided such teacher returns to work at an LCAQD school or college at the cessation of the approved leave.

5.2

Part-time Provisions

5.2.1

Definition. A part-time teacher is a teacher who is engaged on a continuing or fixed-term basis for no more than 80% of maximum programmed teaching hours.

5.2.2

The rate of payment for part-time teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 60. Part-time teachers employed in accordance with this provision shall accrue a pro-rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

5.2.3

A part-time teacher in secondary schools and in secondary departments of primary schools shall be allowed time for corrections, assessments or evaluations at the school not less than at the rate of one hour for every five hours of teaching time. This time shall be paid at the appropriate part-time rate.

5.2.4

Payment shall also be made at the prescribed rate to a part-time teacher whose class or classes are not available unless notice has been given to the part-time teacher of the unavailability of such classes on the preceding school day.

5.2.5

A part-time teacher shall be employed and paid for a minimum period of three (3) hours on any one day.

5.2.6

Part-time teachers may be employed as casual teachers for the purpose of relief teaching and shall be paid for such engagements at the casual rate.

5.2.7

Part-time teachers shall be deemed to have completed a year of service when the aggregate amount of programmed work time paid for is 1000 hours.

5.3

Casual Engagements

5.3.1

Definition. A casual teacher is a teacher who is engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement. A casual teacher shall be employed for a minimum period of three hours in respect of any one engagement. There shall be a minimum payment of three hours for each day so employed.

5.3.2

The rate of payment for casual teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23%. No payment shall be made to such teachers for statutory holidays, school vacation periods or days absent from duty because of illness or any other reason.

5.3.3

Payment for preparation and correction time in accordance with Clause 15(3) of the Teachers Award - Non-Governmental Schools shall not apply to casual teachers in respect of the first two days of any one engagement.

5.3.4

The provisions of Clause 12 (Salary Increments) of the Teachers’ Award – Non-Governmental Schools shall apply to casual teachers. Provided that a casual teacher be deemed to have completed a year of service, only when the aggregate amount of time paid is 1200 hours.

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65 5.4

Existing Employees (Part-Time and Casual)

6.

No existing employee (part-time or casual) will have the basis of their employment changed (i.e. part time to casual or casual to part time) unless the change is agreed to by the employee. GENERAL

6.1

Grievance Procedure The provision in this Agreement for Preventing and Settling Disputes applies.

6.2

Savings Clause The accrued entitlements of employees employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.

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66

SCHEDULE 8 Schools and Colleges Working Arrangements for Teachers St Peters Lutheran College Site Variation 1.

Introduction

The shared intention of the Lutheran Church of Australia Queensland District (LCAQD), and the employees in its schools, is to provide caring, quality Christian education for those who attend Lutheran schools. Due reward and consideration will be given to the employees in those schools, as well as maintenance of affordable fees for present and future students of the schools. This document is intended to provide principles of good practice and limits within which schools may work. 2

The Nature of Teachers’ Work Programmed work is defined as those activities a teacher is required to undertake by a school. In addition to programmed work at school, it is acknowledged that teachers spend considerable amounts of time preparing for that work or in other professional tasks at school, in the community, or at home. The nature of teachers’ work, both programmed work and work undertaken in addition to programmed work, includes the following activities: • • • • • • • • • • • • • • • • • • • • • • •

teaching planning work organising work writing programs writing units, student handouts etc writing policy and procedures setting assessment instruments marking papers, essays or other assessments preparing lessons seeking out resources classroom management report writing reading journals, viewing media, researching excursion opportunities preparing speeches, chapel services, devotions etc attending educational meetings (e.g. panels) attending Council committees (e.g. Strategic Planning) attending P & F meetings attending or leading educational conferences and workshops moderating performance of students (checking student work for comparability) discussing philosophy, strategies etc with other teachers recording, filing, storing materials conducting extra curricular programs in sport, recreational or cultural activities keeping up with the curriculum, change and various initiatives

It is important to note that this list is not exhaustive. 3.

PRINCIPLES OF GOOD PRACTICE

Lutheran schools in Queensland will practice the following principles in the interest of fair and effective administration of their workplaces: 3.1

Consultation When allocating duties and apportioning workloads to employees, principals will ensure consultation with teachers in an effort to arrive at a situation of optimum satisfaction to all parties. While

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67 principals will have final say in the matter, they will seek to meet the professional requests of teachers. 3.2

Teachers and Voluntary Service Lutheran Schools provide a range of learning experiences in addition to those offered in the curriculum. Within Lutheran schools, teachers support these programs by providing voluntary leadership or assistance. Such service shall be both voluntary (i.e. offered by the teacher) and honorary (i.e. without remuneration). Recognising the voluntary nature of this contribution, the right of teachers to choose, with the principal’s agreement, where and when this contribution is made will be respected.

3.3

Equity When deciding workloads, principals will strive to arrive at equitable amounts of work for each teacher. Consideration will be given to such issues as class sizes, marking loads, preparation needs in various subject areas and year levels, maintenance of equipment, etc.

3.4

Compensation for Extra Responsibilities When allocating workloads, principals will take into consideration the total commitment of each person to the life of the school. Where teachers are required by the principal to accept extra responsibility in the school a form of compensation will be negotiated prior to the commencement of the activity.

3.5

Affirmative Action Each school will comply with the Equal Opportunity for Women in the Workplace Act (1999). Each school should appoint an affirmative action co-ordinator to ensure compliance.

3.6

Professional Development Schools support and encourage teachers to enhance their professional development. This shall be linked to the relevant appraisal system, the goals of the school, the personal goals of teachers as related to their work, and the appropriateness to the teacher’s position. It shall be the school’s responsibility for provision of a core of professional development, including release time and course fees within that school’s budget. However, courses required for Registration by the State, or Accreditation by the Lutheran Church are considered to be pre-service requisites and not professional development for the purposes of this clause.

3.7

Workplace Health and Safety Where a school has a Workplace, Health and Safety Committee it shall include at least one member of teaching staff.

4.

OPERATING PARAMETERS: HOURS OF PROGRAMMED WORK

4.1

The School Year Schools may require teachers to be present for professional duties for up to the equivalent of 41 calendar weeks; this shall be for 40 calendar weeks in the case of St Peters Lutheran College (Public Holidays which fall within this time will be observed). Professional development and other student free activities will be included in this period, but details of timing will be negotiated at the school level. It is not the intention to increase the quantum of calendar weeks given to professional duties as currently operating in particular schools. If a variation to the existing schedule is sought, it shall be negotiated with staff at the school level

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68 4.2

The School Week: Secondary Total programmed work shall be up to 30 hours made up of:

4.2.1

Programmed Subject Area Teaching – 20 hours maximum.

4.2.2

Programmed Preparation and Correction Time – An amount equal to a minimum of 20 percent of actual programmed subject area teaching time shall be allocated to preparation and correction time as part of the total programmed work. This provision shall include teachers who hold positions of added responsibility. Part-time teachers shall receive pro-rata provision of preparation and correction time.

4.2.3

Other School Work – informal pastoral care, marking of roll, sport, supervision, grounds duty, meetings, chapel, communication with parents (telephone, email or ad hoc meetings), 50 minutes per week paid morning tea breaks etc. The time is 6 hours for a teacher on full subject teaching load.

4.2.4

Operating Parameters Programmed work may be aggregated and averaged in a cyclic timetable which is structured over more than five days. Aggregation and averaging shall not extend beyond the length of the defined cycle. Where the nature of a teacher’s duties require aggregation beyond the length of the school’s defined timetable cycle, the principal shall negotiate, with the teacher, an averaging period and aggregation which is consistent with the provisions of Clause 4.

4.3

The School Week: Primary Total programmed work shall be up to 30 hours made up of:

4.3.1

Programmed teaching –24 hours maximum out of the scheduled program for students.

4.3.2

Programmed non-contact time – (i) The Parties agree that release time for primary teachers shall be a minimum of two (2) hours per week (ii) Where release time is already timetabled in excess of the above, such release time shall not be reduced below a minimum of two (2) hours per week. (iii) Such time shall be taken in blocks that facilitate effective and productive preparation and correction. (iv) Where difficulties arise at school due to staff student ratios, then local site variations to the above time line may be permitted by negotiation between parties to this Agreement.

4.3.3

Other school work – staff devotions, supervision, grounds duty, meetings, communication with parents (telephone, email or ad hoc meetings), 50 minutes per week paid morning tea breaks etc. shall be up to 4 hours for a teacher with 24 hours of programmed teaching.

4.4

The School Week: Secondary / Primary Where teachers work in schools other than stand-alone primary or secondary (e.g. P-12, middle schools), programmed teaching, programmed non-contact time and other work will be calculated on a pro-rata basis.

4.5

The School Week: Prep (Year 1 minus 1 and Year 1 minus 2) Total programmed work shall be up to 31 hours made up of:

4.5.1

Programmed teaching: 27.5 hours maximum.

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69 4.5.2

Programmed non-contact time: at least 2 hour per week shall be provided as part of total programmed work. Such time shall be taken in blocks that facilitate effective and productive preparation and correction.

4.5.3

Other school work: staff devotions, meetings, 50 mins per week paid morning tea time, storage of indoor and outdoor environments, etc. shall be up to 1.5 hours for a teacher undertaking 27.5 hours of programmed teaching.

4.5.4

By mutual agreement involving the staff concerned, the programmed teaching hours may be aggregated and averaged over a term or a semester.

4.6

Daily and Weekly Timetable At a school level the daily and weekly timetables may be organised to suit the school’s own institutional, educational and community needs. All programmed and unprogrammed work shall be worked on a continuous basis and not more than one-third shall be performed before 9 am and after 5 pm. Lunch periods, and other undirected times, do not comprise part of programmed work unless a teacher is directed to undertake supervision of students.

4.7

Curriculum Change Where significant curriculum change occurs in a school, the school will provide an appropriate level of time release and/or other resource support over and beyond the programmed non-contact time provided in 4.3.2 having given consideration to resource standards in the industry. Examples of significant curriculum change would be the Year 2 Net, Student Performance Standards and a restructure of curriculum.

4.8

Occasional Functions These are functions that a teacher may be directed to attend and are not part of the normal weekly schedule. In addition to the total programmed work under this clause a maximum of 18 hours may be scheduled by the school within the school year as defined in Clause 4.1. In the case of St Peters this shall be limited to: (i) Up to a maximum of 12 hours for attendance at parent/teacher interviews, in recognition and acknowledgement of the importance of such meetings. (ii) Up to a maximum of 6 hours for attendance at: • •

Presentation night Herbsfest

(iii) A year level parent information evening (one per year). 4.9

Camps Where teachers contribute a significant amount of time planning and running a camp, consideration will be given to time release, particularly when there is no opportunity to recuperate before resuming duties (eg. where a camp extends over a weekend).

5.

OTHER CONDITIONS OF EMPLOYMENT

5.1

Leave Without Pay Teachers may negotiate with their principal to take Leave Without Pay for up to a one year absence. Leave entitlements (i.e. Long Service Leave, Sick Leave, Annual Leave), salary increments applicable and/or in credit at commencement of such leave will be preserved, provided such teacher returns to work at an LCAQD school or college at the cessation of the approved leave.

5.2

Part-time Provisions

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70 5.2.1

Definition. A part-time teacher is a teacher who is engaged on a continuing or fixed-term basis for no more than 80% of maximum programmed teaching hours.

5.2.2

The rate of payment for part-time teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 60. Part-time teachers employed in accordance with this provision shall accrue a pro-rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

5.2.3

A part-time teacher in secondary schools and in secondary departments of primary schools shall be allowed time for corrections, assessments or evaluations at the school not less than at the rate of one hour for every five hours of teaching time. This time shall be paid at the appropriate part-time rate.

5.2.4

Payment shall also be made at the prescribed rate to a part-time teacher whose class or classes are not available unless notice has been given to the part-time teacher of the unavailability of such classes on the preceding school day.

5.2.5

Part-time teachers may be employed as casual teachers for the purpose of relief teaching and shall be paid for such engagements at the casual rate.

5.2.6

Part-time teachers shall be deemed to have completed a year of service when the aggregate amount of programmed work time paid for is 1000 hours.

5.3

Casual Engagements

5.3.1

Definition. A casual teacher is a teacher who is engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement. A casual teacher shall be employed for a minimum period of three hours in respect of any one engagement. There shall be a minimum payment of three hours for each day so employed.

5.3.2

The rate of payment for casual teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23%. No payment shall be made to such teachers for statutory holidays, school vacation periods or days absent from duty because of illness or any other reason.

5.3.3

Payment for preparation and correction time in accordance with Clause 15(3) of the Teachers Award - Non-Governmental Schools shall not apply to casual teachers in respect of the first two days of any one engagement.

5.3.4

The provisions of Clause 12 (Salary Increments) of the Teachers’ Award – Non-Governmental Schools shall apply to casual teachers. Provided that a casual teacher be deemed to have completed a year of service, only when the aggregate amount of time paid is 1200 hours.

5.4

Existing Employees (Part-Time and Casual) No existing employee (part-time or casual) will have the basis of their employment changed (i.e. part time to casual or casual to part time) unless the change is agreed to by the employee.

6.

GENERAL

6.1

Joint Working Party

6.1.1

Preamble The Parties are seeking to create a mechanism at St Peters Lutheran College which might identify and resolve issues relating to the working arrangements for teachers at the College. To achieve the above, the Parties agree to set up a joint working party to facilitate identification and resolution of these matters with the overall objective of creating a harmonious working environment in accordance with the Ethos Statement which underpins this Agreement.

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71 6.1.2

Members of the Working Party will be a) The Head of College – St Peters Lutheran College; b) Two Deputies – St Peters Lutheran College; c) One additional member appointed by Head of College; d) Junior school teacher; e) Middle school teacher; f) Senior school teacher; g) IEUA-QNT Chapter representative. (Consultants and other relevant others may be invited to meetings of the Working Party from time to time as decided by the majority of members, teacher representatives are to be elected from their sub-schools)

6.1.3

Meeting of the Joint Working Party may occur outside school hours.

6.1.4.

Agreed minutes of the meetings will be recorded and issued to St Peters Lutheran College employees and others as determined by the working party.

6.2

Grievance Procedure The provision in this Agreement for Preventing and Settling Disputes applies.

6.3

Savings Clause The accrued entitlements of employees employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.

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72

SCHEDULE 9 Schools and Colleges Working Arrangements for Teachers Redeemer Lutheran College Site Variation 1.

Introduction

The shared intention of the Lutheran Church of Australia Queensland District (LCAQD), and of the employees in its schools, is to provide caring quality Christian education, affordable fees for those who attend Lutheran schools, and due reward and consideration for the employees in those schools. This document is intended to provide principles of good practice and limits within which schools may work. 2

The Nature of Teachers’ Work Programmed work is defined as those activities a teacher is required to undertake by a school. In addition to programmed work at school, it is acknowledged that teachers spend considerable amounts of time preparing for that work or in other professional tasks at school, in the community, or at home. The nature of teachers’ work, both programmed work and work undertaken in addition to programmed work, includes the following activities: • • • • • • • • • • • • • • • • • • • • • • •

teaching planning work organising work writing programs writing units, student handouts etc writing policy and procedures setting assessment instruments marking papers, essays or other assessments preparing lessons seeking out resources classroom management report writing reading journals, viewing media, researching excursion opportunities preparing speeches, chapel services, devotions etc attending educational meetings (e.g. panels) attending Council committees (e.g. Strategic Planning) attending P & F meetings attending or leading educational conferences and workshops moderating performance of students (checking student work for comparability) discussing philosophy, strategies etc with other teachers recording, filing, storing materials conducting extra curricular programs in sport, recreational or cultural activities keeping up with the curriculum, change and various initiatives

It is important to note that this list is not exhaustive. 3.

PRINCIPLES OF GOOD PRACTICE

Lutheran schools in Queensland will practice the following principles in the interest of fair and effective administration of their workplaces: 3.1

Consultation When allocating duties and apportioning workloads to employees, principals will ensure consultation with teachers in an effort to arrive at a situation of optimum satisfaction to all parties. While

Queensland Lutheran Schools Single Enterprise Agreement 2009

73 principals will have final say in the matter, they will seek to meet the professional requests of teachers. 3.2

Teachers and Voluntary Service

3.2.1

Lutheran Schools provide a range of learning experiences in addition to those offered in the curriculum. Within Lutheran schools, staff support these programs by providing voluntary assistance via means such as Coordinating and Coaching, but not exclusively so.

3.2.2

In recognition of their voluntary assistance in the co-curricular program of Redeemer Lutheran College, the College will compensate participating staff in accordance with the College’s “CoCurricular Management Document” involving a consultative process as agreed by Redeemer Lutheran College Staff on 24 July 2009.

3.2.3

Arrangements as outlined in this clause 3.2 are not to disadvantage the College financially and or its competitiveness in the marketplace.

3.3

Equity When deciding workloads, principals will strive to arrive at equitable amounts of work for each teacher. Consideration will be given to such issues as class sizes, marking loads, preparation needs in various subject areas and year levels, maintenance of equipment, etc.

3.4

Compensation for Extra Responsibilities When allocating workloads, principals will take into consideration the total commitment of each person to the life of the school. Where teachers are required by the principal to accept extra responsibility in the school a form of compensation will be negotiated prior to the commencement of the activity.

3.5

Affirmative Action Each school will comply with the Equal Opportunity for Women in the Workplace Act (1999). Each school should appoint an affirmative action co-ordinator to ensure compliance.

3.6

Professional Development Schools support and encourage teachers to enhance their professional development. This shall be linked to the relevant appraisal system, the goals of the school, the personal goals of teachers as related to their work, and the appropriateness to the teacher’s position. It shall be the school’s responsibility for provision of a core of professional development, including release time and course fees within that school’s budget. However, courses required for Registration by the State, or Accreditation by the Lutheran Church are considered to be pre-service requisites and not professional development for the purpose of this clause.

3.7

Workplace Health and Safety Where a school has a Workplace, Health and Safety Committee it shall include at least one member of teaching staff.

4.

OPERATING PARAMETERS: HOURS OF PROGRAMMED WORK

4.1

The School Year Schools may require teachers to be present for professional duties for up to the equivalent of 41 calendar weeks (Public holidays which fall within this time will be observed). Professional development and other student free activities will be included in this period, but details of timing will be negotiated at the school level. It is not the intention to increase the quantum of calendar weeks given to professional duties as currently operating in particular schools. If a variation to the existing schedule is sought, it shall be negotiated with staff at the school level.

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74

4.2

The School Week: Secondary Total programmed work shall be up to 31 hours made up of:

4.2.1

Programmed Subject Area Teaching – 20 hours maximum.

4.2.2

Programmed Preparation and Correction Time – An amount equal to a minimum of 20 percent of actual programmed subject area teaching time shall be allocated to preparation and correction time as part of the total programmed work. This provision shall include teachers who hold positions of added responsibility. Part-time teachers shall receive pro-rata provision of preparation and correction time.

4.2.3

Other School Work – informal pastoral care, marking the roll, sport, supervision, grounds duty, meetings, chapel, communication with parents (telephone, email or ad hoc meetings), 50 minutes per week paid morning tea breaks etc. The time is 7 hours for a teacher on full subject teaching load.

4.2.4

Operating Parameters – Programmed work may be aggregated and averaged in a cyclic timetable which is structured over more than five days. Aggregation and averaging shall not extend beyond the length of the defined cycle. Where the nature of a teacher’s duties require aggregation beyond the length of the school’s defined timetable cycle, the principal shall negotiate, with the teacher, an averaging period and aggregation which is consistent with the provisions of Clause 4.

4.3

The School Week: Primary Total programmed work shall be up to 31 hours made up of:

4.3.1

Programmed teaching –24 hours maximum out of the scheduled program for students.

4.3.2

Programmed non-contact time – (i) (ii) (iii) (iv)

The Parties agree that release time for primary teachers shall be a minimum of two (2) hours per week Where release time is already timetabled in excess of the above, such release time shall not be reduced below a minimum of two (2) hours per week. Such time shall be taken in blocks that facilitate effective and productive preparation and correction. Where difficulties arise at school due to staff student ratios, then local site variations to the above time line may be permitted by negotiation between parties to this Agreement.

4.3.3

Other school work – staff devotions, supervision, grounds duty, meetings, communication with parents (telephone, email or ad hoc meetings), 50 minutes per week paid morning tea breaks etc. shall be up to 5 hours for a teacher undertaking 24 hours of programmed teaching.

4.4

The School Week: Secondary/Primary Where teachers work in schools other than stand-alone primary or secondary (e.g. P-12, middle schools), programmed teaching, programmed non-contact time and other work will be calculated on a pro-rata basis.

4.5

The School Week: Prep (Year 1 minus 1 and Year 1 minus 2) Total programmed work shall be up to 31 hours made up of:

4.5.1

Programmed teaching: 27.5 hours maximum.

4.5.2

Programmed non-contact time: at least 2 hours per week shall be provided as part of total programmed work. Such time shall be taken in blocks that facilitate effective and productive preparation and correction.

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75

4.5.3

Other school work: staff devotions, meetings, 50 mins per week paid morning tea time, storage of indoor and outdoor environments, etc. shall be up to 1.5 hours for a teacher undertaking 27.5 hours of programmed teaching.

4.5.4

By mutual agreement involving the staff concerned, the programmed teaching hours may be aggregated and averaged over a term or a semester.

4.6

Daily and Weekly Timetable At a school level the daily and weekly timetables may be organised to suit the school’s own institutional, educational and community needs. All programmed and unprogrammed work shall be worked on a continuous basis and not more than one-third shall be performed before 9 am and after 5 pm. Lunch periods, and other undirected times, do not comprise part of programmed work unless a teacher is directed to undertake supervision of students.

4.7

Curriculum Change Where significant curriculum change occurs in a school, the school will provide an appropriate level of time release and/or other resource support over and beyond the programmed non-contact time provided in 4.3.2 having given consideration to resource standards in the industry. Examples of significant curriculum change would be the Year 2 Net, Student Performance Standards and a restructure of curriculum.

4.8

Occasional Functions These are functions that a teacher is directed to attend and are not part of the normal weekly schedule such as fetes, presentation nights, parent/teacher evenings. In addition to the total programmed work defined under this clause a maximum of 31 hours may be scheduled by the school within the school year as defined in Clause 4.1. In Redeemer Lutheran College’s case, it has been identified that current practice is 16 hours and the administration has agreed not to increase this beyond 18 hours without prior negotiation.

4.9

Camps For teachers who assist at camps without specific camp leadership responsibility outlined in their duty statement, the school will ensure that continuous weekend duty is not required. If, in an emergency, weekend duty is required, then compensation will be provided to the teacher.

5.

OTHER CONDITIONS OF EMPLOYMENT

5.1

Leave Without Pay Teachers may negotiate with their principal to take Leave Without Pay for up to a one year absence. Leave entitlements (i.e. Long Service Leave, Sick Leave, Annual Leave), salary increments applicable and/or in credit at commencement of such leave will be preserved, provided such teacher returns to work at an LCAQD school or college at the cessation of the approved leave.

5.2

Part-time Provisions

5.2.1

Definition. A part-time teacher is a teacher who is engaged on a continuing or fixed-term basis for no more than 80% of maximum programmed teaching hours.

5.2.2

The rate of payment for part-time teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 60. Part-time teachers employed in accordance with this provision shall accrue a pro-rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

5.2.3

A part-time teacher in secondary schools and in secondary departments of primary schools shall be allowed time for corrections, assessments or evaluations at the school not less than at the rate of

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76 one hour for every five hours of teaching time. This time shall be paid at the appropriate part-time rate. 5.2.4

Payment shall also be made at the prescribed rate to a part-time teacher whose class or classes are not available unless notice has been given to the part-time teacher of the unavailability of such classes on the preceding school day.

5.2.6

Part-time teachers may be employed as casual teachers for the purpose of relief teaching and shall be paid for such engagements at the casual rate.

5.2.7

Part-time teachers shall be deemed to have completed a year of service when the aggregate amount of programmed work time paid for is 1000 hours.

5.3

Casual Engagements

5.3.1

Definition. A casual teacher is a teacher who is engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement. A casual teacher shall be employed for a minimum period of three hours in respect of any one engagement. There shall be a minimum payment of three hours for each day so employed.

5.3.2

The rate of payment for casual teachers shall be calculated by dividing the fortnightly rate of salary prescribed by the award for a teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23%. No payment shall be made to such teachers for statutory holidays, school vacation periods or days absent from duty because of illness or any other reason.

5.3.3

Payment for preparation and correction time in accordance with Clause 15(3) of the Teachers Award - Non-Governmental Schools shall not apply to casual teachers in respect of the first two days of any one engagement.

5.3.4

The provisions of Clause 12 (Salary Increments) of the Teachers’ Award – Non-Governmental Schools shall apply to casual teachers. Provided that a casual teacher be deemed to have completed a year of service, only when the aggregate amount of time paid is 1200 hours.

5.4

Existing Employees (Part-Time and Casual) No existing employee (part-time or casual) will have the basis of their employment changed (i.e. part time to casual or casual to part time) unless the change is agreed to by the employee.

6.

GENERAL

6.1

Grievance Procedure The provision in this Agreement for Preventing and Settling Disputes applies.

6.2

Savings Clause The accrued entitlements of employees employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.

6.3

Date of Operation This Agreement has been in operation since 1 January, 1997.

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77

SCHEDULE 10 School Officer Classification WAGE RELATIVITIES Level Step 1 1 2 3 4 2 1 2 3 3 1 2 3 4 4 1 2 3 5 1 2 3 6 1 2 3 4 5 7 1 2 3 4 5

Relativity 88 90 92 94 96 99 100 100 102 107 110 112 115 118 122 125 128 132 139 146 154 161 163 166 169 172 175

RECLASSIFICATION PROCESS FOR SCHOOL OFFICERS Reclassification arising out of Schedule 10 shall be dealt with under clause 5.21. 3.

CLASSIFICATION PROCESS

3.1

Characteristics and Qualifications

3.1.1 3.1.2 3.1.3

Competency of Employee Supervision of Employees Work Supervision of Others

4.

MATRIX OF TYPICAL SKILLS AND DUTIES

4.1 4.2 4.3 4.4 4.5

Employee Assisting Student Learning Laboratory Employees Administration Employees Information Services and Resource Employees Computer / ICT Employees

Queensland Lutheran Schools Single Enterprise Agreement 2009

78 CHARACTERISTICS AND QUALIFICATION Competency of Employee Level 1 Level 2 Competency at this Competency at this level involves level involves application of application of knowledge and skills knowledge and skills to to a limited range of a range of tasks and tasks and roles roles There is a specific range of contexts where the choice of actions required is clear

Competencies are normally used within established routines, methods and procedures that are predictable Judgement against established criteria is also involved

Level 3 Competency at this level involves application of knowledge with depth in some areas or a broad range of skills

Level 4 Competency at this level involves application of knowledge with depth in some areas and a broad range of skills

Level 5 Competency at this level involves self directed application of knowledge with substantial depth in some areas

Level 6 Competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills

There is a defined range of contexts where the choice of actions required is clear

There is a range of roles and tasks in a variety of contexts

There is a wide variety of tasks and roles in a variety of contexts.

A range of technical and other skills are applied to roles and functions in both varied and highly specific contexts.

Competency at this level involves the delivery of professional services within defined accountability levels

There is limited complexity of choice of actions required

There is some complexity in the extent and choice of actions required

There is complexity in the ranges and choice of actions required

Competencies are normally used within established routines, methods and procedures

Competencies are normally used within routines, methods and procedures

Competencies are normally used within a variety of routines, methods and procedures

Competencies are normally used independently and both routinely and non routinely.

Competencies are normally applied independently and are substantially non-routine

Discretion and judgement about possible actions are involved in some cases

Some discretion and judgement is involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

Discretion and judgement are required for self and/or others in planning, selection of equipment, work organisation, services actions and achieving outcomes within time constraints.

Discretion and judgement are required in planning and selecting appropriate equipment, service techniques, work organisation and achieving outcomes within time constraints for self and/or others.

Significant discretion and judgement is required in planning, design, of professional, technical or supervisory functions related to services, operations or processes

Employees at this level are expected to plan their own professional development and such increased knowledge, relevant to the position held, will be applied to the work situation Employees may operate individually or as a member of a team Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 7 Competency at this level involves the use of selfdirected development and application of expert knowledge with extensive recognised expertise in some areas. An employee at this level is expected to carry out a high proportion of tasks involving complex, specialised or professional functions

Within constraints set by management, employees exercise initiative in the application of professional practices demonstrating independent discretion and judgement, which may have effect beyond a work area

79 Supervision of Employees’ Work Level 1 Level 2 Work is performed Works under direct under close and/or routine supervision either as supervision depending an individual or in a on function. team environment Work is regularly Work is intermittently checked checked.

Less direct guidance and some autonomy may be involved when working in teams

Level 3 Works under limited supervision.

Level 4 Work is carried out under general supervision.

Work may be checked in relation to overall progress

May take the form of general guidance where working in teams is involved.

May take the form of broad guidance.

May involve detailed instructions in some situations.

May involve a level of autonomy when working in teams.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 5 Works under general supervision and/or broad guidance depending on function. Work is usually measured in terms of the achievement of known objectives to agreed technical standards.

Progress and outcomes sought are under general guidance.

Level 6

Level 7 Is accountable to the school or college administration for the conduct of their work

Work is usually measured in terms of the achievement of known objectives to agreed professional standards

Within the constraints set by management, an employee works autonomously and is responsible for the professional content of the work performed

.

Works under broad guidance in accordance with a broad plan or strategy May involve autonomy when working in accordance with a broad plan or budget strategy

80 Supervision of Others Level 1 An employee at this level will have no supervisory responsibilities

Level 2 Within a team responsibility for some roles and coordination may be required Provide guidance to other employees at a lower level Provide assistance to less experienced employees at the same level

Level 3 Limited responsibility for the work of others may be involved

Level 4 The work of others may be supervised

Level 5 The work of others may be supervised

Team co-ordination may be required

Teams may be guided or facilitated.

Teams may be guided or facilitated.

Assistance and/or guidance may be provided to other employees

May have responsibility for the work and organisation of others in limited areas.

Responsibility for the planning and management of the work of others may be involved

Training of subordinate staff may be required.

Supervision and training of lower level positions may or may not be involved.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 6

Level 7

Responsibility and accountability is exercised within defined parameters, either for the supervision and monitoring of the work of employees of a lower level or for a defined work function

May be required to provide active supervision of and be responsible for other staff

81

Levels 1 to 7 Qualifications Matrix Level 1 Junior Certificate is the minimum formal qualification. No experience is required.

Level 2 Junior Certificate is the minimum formal qualification. No experience is required.

Level 3 Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 4 Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.

Level 5 Tertiary qualifications at Associate Diploma / Diploma level or equivalent qualifications relevant to the position may be required by the employer or knowledge, qualifications and experience that are determined by the employer as necessary to successfully carry out the duties of the position.

Level 6 Formal qualifications at degree level are required.

Level 7 Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience, as required by the employer, to reflect higher levels of professional outcomes.

82 4. Matrix of Typical Duties/Skills as follows: Employee Assisting Student Learning Level 2 Level 3 Assist developmentally Assist appropriate student developmentally learning, either individually appropriate student or in groups, under the learning, either direct supervision of an individually or in academic staff member groups, where some where discretion and discretion and judgement are involved in judgement are some cases. involved in evaluating Under direct supervision of and assessing (under a higher level officer or the supervision of an staff members of the academic academic the staff prepare and clear away member(s)) materials for display/use in learning needs of students. classrooms or libraries. Perform within well Within routines, established routines tasks methods and associated with the mass procedures carry out production of printed liaison between the material including collating, school, the student stapling, binding, folding, and the student’s family where some cutting, etc Under direct and /or routine discretion and supervision, perform tasks judgement are of limited complexity, involved. associated with classroom Support students in learning experiences, such relation to their as assisting teachers in physical needs where preparing, implementing some discretion and and supervising learning judgement are programs. involved. Support students in relation to their physical needs.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 4 Assist developmentally appropriate student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students. Carry out liaison between the school, the student and the student’s family where discretion and judgement are required in relation to planning, actions and achieving outcomes. Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

Level 5 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s); providing pastoral ministry and support for students. Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

Level 6 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. This may include: the gathering, analysis and interpretation of data; or preparation of reports and the consequent giving of advice to other professional staff to assist student learning; or providing pastoral ministry; or providing counselling and/or guidance support for students. Provide professional advice to staff and students in the officer’s area of expertise or qualification.

Level 7 Undertake more complex professional activities involving the selection and application, based on professional judgement, of new and existing techniques and methodologies requiring the exercise of professional independence combined with competence derived from extensive experience and/or additional study. Undertake supervisory responsibilities which may include on the job training, and staff assessment performance counselling in relation to staff in lower level positions. Operate and be accountable for the quality of output of a section or function within the school.

83

Laboratory Employees Level 2 Provide science program assistance where discretion and judgement are involved in some cases. Maintain science equipment, materials and specimens not requiring a depth of knowledge or technical skills. Under the direct supervision of an academic staff member(s) prepare and maintain laboratory teaching areas including routine setting up and dismantling of items of equipment for use in experimental, observational and teaching activities Assist in the demonstration of experiments and scientific equipment under the direct supervision of an academic staff member(s).

Level 3 Provide science program assistance where some discretion and judgement are involved. Assist in the design/demonstration of experiments under supervision of an academic staff member(s) where some discretion and judgement are involved. Under direction, prepare, maintain, organize, set-up and dismantle equipment and materials for routine experiments or student projects and dispose of waste materials. Peer assistance and/or guidance may be provided for other assistants in a laboratory. Under direction and within existing routines, methods and procedures, prepare, maintain and dispense stock solutions, simple chemical mixtures and compounds, cultures or similar materials.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 4 Responsibility for and/or training of subordinate staff in limited areas may be required. Design and demonstrate experiments, within a variety of routines and procedures, under the supervision of an academic staff members(s) where discretion and judgement are required. Where there is complexity in the range and choice of action and discretion and judgement are required: prepare, maintain and dispense solutions, chemical mixtures, compounds and cultures; prepare, maintain, organise, set-up and dismantle equipment and material for experiments.

Level 5 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: designing laboratory experiments; and appropriate responsibility for the application of workplace health and safety requirements in the laboratory

Level 6 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. Operate (at a level consistent with the qualifications required) a laboratory. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions. Administer the allocation and monitoring of resources in the laboratory. Support employees reporting to the position in policies to be followed, methods to be used and standards to be observed. Provide professional advice to staff and students in the officer’s area of expertise. Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

Level 7 7.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.2.2 Responsibility for the operation of a laboratory which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.2.3 Manage the allocation and monitoring of resources in the laboratory.

84 7.2.4 Responsibility for direction and support of employees reporting to the position in policies to be followed, methods to be used and standards to be observed. 7.2.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area. Formulate policies and provide specialist advice on policy development to senior management.

Queensland Lutheran Schools Single Enterprise Agreement 2009

85 Administration Employees Level 2 Level 3 Use keyboard skills to Carry out a wide range of produce a document from secretarial and clerical duties written text using a at an advanced level, including standard format. shorthand, typing, word Receive and deal with processing and maintaining enquiries within well manual and computerized established routines,, records. including the provision of Respond to enquiries from general information and staff, students, parents and the assistance to the public, general public and address parents, students and issues in accordance with other employees. routines, methods and Perform a range of general procedures. clerical duties at a basic Enter financial data into level, for example, filing, computer and prepare financial handling mail, maintaining and management reports for review and authorization by records. senior management.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 4 Provide administrative support to senior management of a school where discretion and judgement are required, including: taking minutes; shorthand; organizing appointments and diaries; initiating and handling correspondence (which may include confidential correspondence); monitoring telephone calls; and establishing and/or maintaining working filing systems. Within a variety of routines, methods and procedures apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these. Apply knowledge of advanced functions of computer software packages and to manage data ie. modify fields of information, develop new databases or spreadsheet models; or graph previously prepared spreadsheets.

Level 5 Provide executive support to senior management and associated committees concerning designated aspects of school management. Direct and supervise the work of administrative/clerical and/or other staff. Under broad guidance, supervise the operations of the school's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns. Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.

Level 6 Operate and be responsible for an autonomous section and all its operations. Provide professional advice to staff and students in the officer's area of expertise. Monitor and analyse regular management information, such as staffing and financial resource usage; ensure that associated information systems are maintained and that regular reports are provided to management.

Level 7 Supervise staff including implementation and participation in induction, training, review, counselling and appraisal Manage the work of administrative officers and other staff, assigning and outlining the work, advising on administrative problems, and revising work for accuracy and adequacy. Identify policies and procedures requiring review or redevelopment, and define relevant issues.

86 Administration Employees cont.. Operate within well Prepare and process payroll established routines, office transactions within routines, equipment, such as, methods and procedures. computer, photocopier, Within routines, methods and facsimile, binding machine, procedures: provide guillotine, laminator, administrative support to franking machine, senior management; arrange calculators, switchboard, appointments and diaries; etc. and prepare correspondence. Under the direct Within routines, methods and supervision of the principal procedures, prepare and statements to or nominee, contact dispatch parents, students and/or debtors and payments to others in relation to school creditors, follow up on unpaid attendance and related accounts; prepare bank matters. reconciliations and reconcile Under the direct accounts to balance; maintain supervision of the principal wage and salary records. or nominee assist with the Maintain petty cash float and arrangement of group expenses for accounting meetings, morning teas, purposes meetings of parents and external parties, parent/teacher nights etc. Carry out minor cash transactions including receipting, balancing and banking.

Queensland Lutheran Schools Single Enterprise Agreement 2009

From verbal or rough handwritten instructions; answer non-standard executive correspondence, prepare papers, briefing notes, or other written material. Utilizing a variety of routines, methods and procedures, calculate and maintain wage and salary records; perform routine classification determinations; and process resignations, retirements and redundancies in accordance with relevant award entitlements. Within a variety of routines, methods and procedures provide significant assistance in the preparation of: financial information to trial balance; budgets; cash flow records; balance sheets; trading accounts; cash management analysis; FBT and entity disclosure requirements. NOTE An employee is not required to perform all duties listed to satisfy this skill descriptor. Train staff classified at lower levels by means of personal instruction and demonstration. Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.

Prepare the accounts of the school to operating statement stage and assist in the formulation of period and year-end entries. Provide advice requiring knowledge of policies and / or the interpretation of rules or regulations within their area of operation. Assist in developing policy and procedures relating to their work area and identifying future trends. Under broad guidance supervise the administration of specialized salary and payroll requirements, which may include: eligible termination payments, superannuation trust deed requirements, redundancy calculations or workers’ compensation claims. Prepare for senior management financial reports relating to the employee’s area of responsibility.

Provide financial, policy, or planning advice which may include providing reports, statistical surveys and advice on regulations and procedures. Monitor expenditure against a budget at a school level, draft financial forecasts / budgets at organizational level and / or prepare complex financial reports. Administer programs with a range of tasks such as advice on financial implications, interpretation of information, assistance and advice concerning complex issues. Prepare correspondence which is complex, original and which initiates or responds to new cases or situations.

Provide written reports to the school executive on complex matters, suggesting alternative courses of action and analyzing the implications of each alternative. Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients. Be substantively involved in the construction of annual and forward planning school budgets Manage the operations of a discrete organizational area, program or administrative function.

87 Administration Employees cont… Monitor and maintain stock Assist in the preparation of levels of stationery/materials internal and external for office/department within publications. established parameters Assist in the enrolment including reordering. function including handling Within well established initial enquiries and arranging routines, sort, prepare and interviews. record documents (e.g. Under supervision, prepare invoices, cheques, Government and Statutory correspondence) on a daily Authority returns for by senior basis; file such documents authorization management. in the appropriate system. Within well established Use software application routines, receive and packages for personal distribute incoming mail computers to create database collect outgoing mail, file structures; and maintain mail registers and spreadsheets/work sheets. records and collate and Under direction and within dispatch documents for bulk routines, methods and procedures: draft agenda for handling. Perform, within well meetings; assemble established routines, tasks supporting documents for associated with the mass informal meetings; take and production of printed produce minutes. material including collating, Draft and type routine stapling, binding, folding, correspondence from brief cutting, etc. oral or written instructions. Respond to requests for information including drafting routine correspondence in reply.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Apply a knowledge of relevant industrial awards and agreements and occupational health and safety requirements. Provide general advice to staff in these areas. Original writing of promotional and advertising material. Coordination of, and participation in, marketing activities. Design of promotional and marketing plans. Responsibility for liaison with media.

Formulate procedural policy and guidelines in the employee’s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary. Direct and support employees reporting to the position in policies to be followed, methods to be used and standards to be observed. Advise and assist in the preparation of the school budget. Provide executive support to Principals and senior management. Provide advice or make recommendations requiring detailed knowledge of policies, and/or the interpretation of rules or regulations within established guidelines, relating to a major function of the organizational work areas. Supervise staff including participation in induction, training, review, counselling and appraisal and providing feedback on performance.

Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management. Undertake high level research, review or investigations including the preparation of reports and associated papers to provide advice to the school on the operational and/or future directions of the employee’s section and to contribute to the development of that section in the educational context of the school. Prepare papers, investigate and present information with recommendations for decision by senior officers.

88 Maintain established central filing / records systems in accordance with routines, methods and procedures. This would include: creating and indexing new files, retrieving records; distributing files within the school as requested, monitoring file locations and identifying and processing inactive and closed files. Maintain a store through such duties as participation in ordering and issue of expendable stores, recording of stock levels, maintaining records distribution, of equipment delivery dockets, invoices and payment vouchers and responsibility for keys. Make and record appointments on behalf of another and, where necessary, resolve involved appointment scheduling problems. Make travel and accommodation bookings in line with a given itinerary. Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved.

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Develop systems and procedures for implementation in accordance with school policy. Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients. Original writing of promotional and advertising material requiring significant discretion and judgement concerning content and design. Management of, and participation in, marketing activities. Design of promotional and marketing plans requiring initiative in the application of professional practices. Responsibility for representing the school in the media.

89 Information Services and Resource Employees Level 2 Level 3 Process basic transactions such as Search and verify issues and returns, produce overdue bibliographical data lists, entry of orders in a computerised where some discretion judgement are system, perform stock takes, entering and of accession information into computer. involved. Operate and demonstrate the use of Copy catalogue books, audio-visual equipment where there is magazines, journals and recorded material where limited complexity. Maintain a booking system for some discretion and equipment use and for the organisation judgement are involved. of repairs and replacement of Maintain circulation equipment. systems where some Within well-established routines, discretion and methods and procedures, record judgement are involved. audio/video programs and maintain a Respond to enquiries from staff, students, catalogue system of such recordings. Perform a range of general duties at a parents and the general and address basic level, for example, minor book public issues in accordance repairs, photocopying and shelving. Receive and deal with initial requests with routines, methods and procedures. for information from library clients. Under the direct supervision of an Assist in the academic staff member(s), assist in the demonstration of demonstration of routine library complex audio visual or operations and procedures. computer equipment Under the direct supervision of an under supervision of academic staff member(s), assist in the academic staff member(s) where some supervision of students in the library. Under direct supervision of a higher discretion and level officer or members of the judgement are involved. academic staff prepare and clear away materials for display/use in classrooms or libraries.)

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 4 Responsibility for and/or training of subordinate staff in limited areas may be required Within a variety of routines and procedures and with a depth of knowledge in some areas: demonstrate to staff and students the use of complex audio visual or computer equipment; or monitor performance of and carry out repairs to specialised equipment.

Level 5 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: independent and original cataloguing and classification following precedents and standards; monitoring the performance of, and carrying out repairs to, specialised equipment; and developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s).

Level 6 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. Operate (at a level consistent with the qualifications required) a library/resource centre. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions. Administer the allocation and monitoring of resources in the library/resource centre. Support employees reporting to the position in policies to be followed, methods to be used and standards to be observed. Provide professional advice to staff and students in the officer’s area of expertise. Formulate procedural policy and guidelines in the employee’s

Level 7 7.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.4.2 Responsibility for the operation of a library/resource centre which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.4.3 Manage the allocation and monitoring of resources in the library/resource centre. 7.4.4 Responsibility for direction and support of employees reporting

90 area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.

to the position in policies to be followed, methods to be used and standards to be observed. 7.4.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.

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91 Computer/ICT Employees Level 2 Level 3 Use keyboard skills Use software to produce a application packages document from for personal written text using a computers to create standard format. database file Operate within well structures; and established routines, spreadsheets/work office equipment, sheets. such as, computer, photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc.

Level 4 Within a variety of routines, methods and procedures, maintain the hardware and software components of a computer network and provide user support. Responsibility for and/or training of subordinate staff in limited areas may be required.

Queensland Lutheran Schools Single Enterprise Agreement 2009

Level 5 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: Assisting with systems analysis and design in relation to the development and maintenance of computer systems; and assisting with application programming (eg modification of package systems; and investigation of malfunctions in operational programs).

Level 6 Operate and be responsible for the computing section of the school and all its operations. Perform non-routine professional tasks governed by procedures or guidelines. Within such constraints the employee is responsible for the independent performance of such functions. Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or management in the computing area. Be responsible for the development of software, hardware or applications systems based on the use of current computer techniques. Be responsible for the development of computer systems, and recommend changes and improvements in systems where appropriate. Undertake maintenance programming tasks, including investigation and design requirements necessary to implement changes to existing systems. Provide advice to the senior executive of the school on the operations/future directions of the section by utilising acquired knowledge and experience. Carry out a range of tasks necessary to support and develop systems software or other support processes

Level 7 Operate and be responsible for the computing section which provides complex and varied services to the school community including being responsible for the supervision, monitoring and development of other staff reporting to the position. Research and examine likely long-term requirements for computer systems, suggest alternative plans and strategies and report on their feasibility. Consult with departmental computer users to understand and meet the needs of the department and resolve problems concerning systems. Investigate and design the implementation of computer systems to meet specific needs of work areas. Carry out a range of complex and varied tasks requiring the selection and application of new and existing techniques and methodologies necessary to support and develop systems software or other support processes. Develop and present appropriate computer training courses.

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SCHEDULE 11 Job Share 1.

INTRODUCTION

1.1

Definition Job-sharing is a voluntary arrangement in which a full-time position is divided between two employees with both having shared responsibility for the position during the life of the arrangement.

1.2

Principles (i) (ii) (iii)

job-sharing is entered into voluntarily; job-share arrangements shall be flexible and accommodate the employer and employee needs; and All requests for job-share arrangements are subject to the approval of the principal.

2.

Arrangements for teachers

2.1

Application A full-time teacher may apply to the school for his or her position to be considered for job-share. When considering the application, the principal will have regard to the following: (a) whether job-sharing the position is appropriate for: (i) the school; (ii) the position concerned; (iii) the particular class level and educational needs of the students; (b) how many positions might be affected; (c) what process will be used to determine the teachers who will job share and under what arrangements the teachers will work, including: (i) the days worked by each teacher; (ii) the communication process between the teacher and the relevant supervisor/s, and between the teachers themselves; (iii) division of planning and non-contact time; (iv) the expectations placed upon teachers in relation to participation in excursions and co-curricular activities where relevant; (v) participation in parent teacher interviews, (vi) participation in playground and bus supervision; (vii) participation is assessment and reporting; (viii)attendance at staff meetings and other meetings; (ix) participation in professional development; (x) any matters considered relevant by the principal; and (xi) any other matters considered relevant by each of the principal and employees to the position to be shared.

2.2

Appointment Upon appointment, each participant will receive an individual letter of appointment from the principal which specifies the arrangements determined in 2.1 above, and also identifies the following: • the position concerned and the continuing status of that position; • the fixed nature of the arrangement;

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• • 2.3

the fixed term status of any replacement employee if applicable; and the duration of the arrangement.

Alteration to arrangements Where the participants seek to amend the terms of the arrangements, the further approval of the principal is required and he or she shall have regard to the elements contained in 2.1

3.

Arrangements for School Officers and Ancillary Staff

3.1

Application A full-time employee may apply to the school for his or her position to be considered for jobshare. When considering the application, the principal will have regard to the following: (a) whether job-sharing the position is appropriate for: (i) the school; (ii) the position concerned; (b) how many positions might be affected; (c) what process will be used to determine the employees who will job share and under what arrangements the employees will work, including: (i) the days worked by each employee; (ii) the communication process between the employees and the relevant supervisor/s, and between the employees themselves; (iii) attendance at staff meetings and other meetings; (iv) participation in professional development; and (v) any other matters arising out of the position to be shared.

3.2

Appointment Upon appointment, each participant will receive an individual letter of appointment from the principal which specifies the arrangements determined in 3.1 above, and also identifies the following: • the position concerned and the continuing status of that position; • the fixed nature of the arrangement; • the fixed term status of any replacement employee if applicable; and • the duration of the arrangement.

3.3

Alteration to arrangements Where the participants seek to amend the terms of the arrangements, the further approval of the principal is required and he or she shall have regard to the elements contained in 3.1

4.

Conditions and Entitlements

4.1

Duration All job-share arrangements are made for a maximum period of one school year.

4.2

Size of School / Ratio The number of job-share arrangements approved by the principal in any one school will not usually exceed one to seven full-time employees employed at the school.

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4.3

Rates of Pay Payment is made in accordance with the scale of salaries prescribed in Schedule 3, based on the percentage division of the work.

4.4

Entitlements All entitlements to annual leave (where applicable), annual leave loading (where applicable), sick leave, long service leave, public holidays, superannuation and benefits provided under the Award or this Agreement are provided on a pro-rata basis. In the event that one participant is absent on sick leave and a replacement is required, the other participant may be offered the relief work. If the relief work is accepted, the participant will be paid at the ordinary hourly rate and accrue appropriate leave entitlements for those hours. In the event that the other participant refuses the offer, or is unavailable to accept the offer, a relief employee may be engaged and paid on either a short term contract or a casual basis Long service leave, maternity/paternity/adoption leave, and/or special leave may be granted within the period of the job share arrangement. The local arrangements for applying and taking such leave continue to apply.

4.5

Calculation of service All work undertaken by job-share employees counts towards incremental progression on a prorata basis.

4.6

Professional development days Job share employees are expected to report for full day duty for the pupil free days nominated for professional development activities during the school year declared by the employer as requiring attendance by all employees. All attendance required beyond the proportion that the participant’s arrangement bears to a full time employee will be paid time.

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SCHEDULE 12 Conditions of Employment for Kitchen Staff, Bus Drivers, Grounds Staff, Laundry Staff, Tuckshop Staff, Caretakers, Cleaners & Minor Maintenance Staff PART 1 1.

DEFINITIONS

1.1

Full Time Employee Is employed for 38 hours per week for a full year.

1.2

Term Time Employee

1.2.1

A full time term time employee is employed for 38 hours per week during school term.

1.2.2

A part time term time employee is employed to work a constant number of regular hours per week during school term.

1.2.3

A term time employee can be required to work up to a maximum of 48 weeks per year.

1.3

Casual Employee Is employed to work irregular hours, by the hour (a minimum of 2 hours per engagement with 2 hours advance notice).

1.4

School Term The school term for term time employees is that period of time: (a) Boarding Schools - commencing on the first day of the school term on which boarders are due to enter the school and ending on the last day of the school term after the boarders are due to leave the school. (b) Non-Boarding Schools - commencing on the first day of the school term on which students are requested to be at school and ending on the last day of term that students are required to be at school.

2.

HOURS

Employees may operate on a seven day roster, working five days per week with two consecutive days off. The normal spread of hours is from 6:00am - 7:00pm, Monday to Saturday. Provided that, where the employer and a majority of the employees affected at a workplace agree, an employee/s may commence normal hours on or after 5.00am without the payment of penalty rates. Normal daily hours may be up to eight on any one day exclusive of a meal break of half an hour. 3.

WAGE RATES AND PAYMENT

Wage rates are set out in Schedule 3 (Rates of Payment: Wages and Allowances) of this agreement. Wages shall be paid fortnightly preferably by way of electronic funds transfer directly to employees bank accounts. Employees must ensure that the school has current and accurate details of account numbers for wage payment purposes. Changes to bank accounts must be notified to the accounts office at least one week prior to pay day. A casual employee shall be paid an hourly rate of 1/38 of the appropriate base rate presented to this agreement, plus a loading of 23%. Such loading shall be in lieu of all leave entitlements applicable. A part time employee working twelve hours or less per week may elect to be paid as a casual, while preserving their permanent/term time part time status. Employees will be granted the facility to have deductions from their payroll for payroll subscriptions, union fees etc. However, the school may limit the number of deductions to not more than five per employee and require a minimum number of employees before a deduction category is agreed to.

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4. HOLIDAYS Full time employees shall at the end of each year of employment be entitled to four weeks annual leave on full pay plus 17.5% loading. It is expected that full time employees would take this leave during the term breaks, but consideration may be given to requests for leave at other times. Consideration will be given to requests for pro rata entitlements to be taken from time to time during the school year. Term time employees shall receive pro rata holiday and leave entitlements calculated on the ratio of hours work to normal working hours available in a full year. The basis for the calculation of pro rata entitlement will be four weeks per year annual holiday and a 17.5% annual leave loading. As term time employees work normally for approximately 40 weeks of the year, their "holidays" will fall during school holiday periods. Pro rata holiday pay and leave loading will be paid at the commencement of the school holidays at the end of 4th term. No provision exists for term time employees to take holidays during term time. An employee requiring extended time off during term time for family considerations may be given approval at the discretion of the principal, subject to satisfactory arrangements for staffing to be maintained. 5. SICK LEAVE Sick leave for full time employees is ten days per annum and term time employees will be entitled on a pro rata basis. This is currently equivalent to six days per year for a full time term time employee and less for a part time term time employee, depending on hours worked. Sick days are cumulative whilst employed continuously in Queensland Lutheran Schools. A maximum of 13 weeks Sick Leave would be payable in any one calendar year. 6.

OVERTIME

6.1

All work in excess of eight hours in any one day (or 38 hours in any one week) will be paid for as overtime at the rate of time and one half for the first three hours and double time thereafter.

6.2

Notwithstanding 7.1 above, an employee may agree to work longer hours on any one day up to a maximum of 10 hours and work an equivalent number of hours to those extra hours worked less on other days, in lieu of overtime payments.

6.3

All work outside the normal spread of hours will be paid for as overtime at the rate of time and one half for the first three hours and double time thereafter.

7.

TIME WORKED ON PUBLIC HOLIDAYS

7.1

All time done by any employee on a public holiday shall be paid for at the rate of double time and a half with a minimum of four hours.

7.2

For the purposes of this provision, where the rate of wages is a weekly rate, “double time and ahalf” shall mean one and one-half day’s wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.

7.3

Where there is agreement between the employer and employee, an employee may be paid at the normal rate for working on a public holiday and be given a day off in lieu. Provided that if an employee subsequently works on the day in lieu of the deferred public holiday, such employee shall be paid in accordance with the other provisions of this clause.

8.

CONTINUOUS EMPLOYMENT A term time employee maintains continuous employment by continuing employment at the commencement of the following school year as a term time employee, irrespective of any work that may be performed elsewhere in non school term periods. A break in employment for three months or more will be considered to be a break in continuous employment, in calculating an employee's service for leave entitlements.

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9.

ALLOWANCES Broken Shift All employees working a broken shift (that is an unpaid break in excess of one hour) will be paid up to $5.28 for each such day. Washing Dusters, Handtowels, Teatowels etc. Washing of dusters etc. by cleaners on their own time and away from the school will be compensated for by an allowance of a minimum of one hour paid time in addition to time worked at the school. The following Award Allowances do not apply Washing Dusters/Hand towels Toilet Cleaning Leading Hand Except for the above, all allowances prescribed by the relevant Awards will apply.

10.

ROSTERED DAYS OFF

Employees will take their rostered day off on the day scheduled. If that day is not taken on agreement between the employer and employee the day must be taken at a mutually acceptable time, but within one month. PART 2 – Employee Categories Not Included: Nurses Guidance Counsellors - School Officers Award Building Workers - Construction Industry Uniform Shop/Bookshop Assistants PART 3 – Employee Categories Level Categories P All Level 1 employees may be required to serve a Probationary Period of up to 3 months. If their performance is determined as unsatisfactory during this period, they may be dismissed with one week's notice. Details of counselling during this process to be resolved. 1

Cleaners, no toilets but cleaning all windows, boarding house bathrooms, carpets, external paths and gathering spaces, etc. Kitchen Hands in Refectories, Dining Halls Boarding House Domestic Staff, cleaning, mending, washing, ironing, etc. Boarding House Laundry Staff - unqualified. Groundsperson - Basic Duties, weeding, trimming, mowing (hand and ride-on). Using and maintaining hand tools. Unskilled worker, not elsewhere specified

1 (a)

-

2

Groundsperson - Higher Duties, pool maintenance including handling of chemicals, use and maintenance of large motorised mowers and slashers, line marking, fertilising and spraying, use and maintenance of mechanised hand tools. Cooks, Unqualified and Assistant - in Refectories and Dining Halls Cleaner - Higher Duties/Special Skill Greenkeeper, Unqualified (as described in the Award) Tuckshop Assistants Minor Maintenance Person, Unqualified - Minor repairs, routine maintenance and painting to buildings and school equipment (furniture and equipment). Supervisor of up to 5 Level P and Level 1 staff Bus Driver of up to 25 capacity bus.

2(a)

-

Bus Driver of over 25 capacity bus.

3

-

Qualified Greenkeeper (as described in the Award) Qualified Cooks

Cleaners, whose duties include or may include toilet cleaning.

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4

-

Supervisor of Level 2 Staff Supervisor of in excess of 5 staff Qualified Tradesperson

-

Advanced Tradesperson Tradesperson supervising other staff Supervisor of Level 3 Staff

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SCHEDULE 13 Implementing Teacher Professional Development Teachers’ responsibilities Teachers have a responsibility to remain engaged with their profession and to maintain and improve their proficiency by participating in a variety of work-related developmental activities. These activities may include: • professional reading • formal courses of study (including but not limited to the Graduate Diploma of Theology in Education / Masters of Theology) • active membership of a professional education organization(s) (e.g., subject association) • relevant workshops, seminars and lectures • paraprofessional work (e.g., moderation and marking for QSA) • contribution to relevant publications • mentoring colleagues, student teachers and beginning teachers • educational research • committee membership and contribution • observation visits • participation in subject-related community activities (e.g., environmental groups, choirs, sports etc) • ICT integration into the classroom in conjunction with the schools ICT plan. Schools’ responsibilities Schools have a responsibility to encourage and facilitate the professional development of their teachers. Schools must involve teachers in the planning and delivery of professional development and to support teachers in meeting their obligations. Schools can do this in a number of ways including: • maintaining a professional library and subscribing to professional publications • advertising opportunities for professional development • subsidising the costs of agreed formal courses of study • granting release time for workshops, seminars and observation • running or hosting professional development activities • providing opportunities for higher duties and extended responsibilities • other ways as determined by the school Planning, Monitoring and Engagement Teacher participation in Professional Development should be planned and purposeful, incorporating both long and short-term goals. Professional Development should reflect in part the ongoing professional conversation between employees and their mentors, colleagues and supervisors. Notwithstanding this, however, a degree of flexibility needs to be acknowledged as unforeseen opportunities and needs arise. In negotiating and formulating a Professional Development Plan, teacher, mentors, and supervisors should take into account the broad context of past involvement, career plans, personal situations, school needs, current performance, other professional responsibilities and personal professional interests. Diagrammatically this can be represented as follows:

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FORMATIVE APPRAISAL PROCESS OUTCOMES STATEMENT

SCHOOL DEVELOPMENT PLAN

INDIVIDUAL INTERESTS, CAREER PERSPECTIVES & FORMATIVE APPRAISAL FEEDBACK

TEAM FACULTY YEAR LEVEL CLASS COMMITMENTS

DISCUSSIONS & NEGOTIATION WITH APPRAISAL MENTOR AND SUPERVISOR

Appraisal Process / Long term Goals Triannually. Formative review on annual basis.

EMPLOYEE’S AGREED PROFESSIONAL DEVELOPMENT PLAN

Individual access to employer funded professional development through time release and/or payment or on student free days

Group access to employer funded professional development through scheduled student free days.

Documentation / recording via portfolio, journal etc.

OUTCOMES STATEMENT of Professional Development engaged in over 12 month period / 3 year period

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SCHEDULE 14 Conditions of Employment for Outdoor Education Employees 1

HOURS OF DUTY

Teaching Staff The ordinary hours of duty for teaching staff will be based on the annual quantum of 1271 hours (not including rostered time for board and lodging), provided that no more than 34.5 hours may be rostered in any one week. Non-Teaching Staff The ordinary hours of duty for non-teaching staff will be based on the annual quantum of 1976 hours (not including rostered time for board and lodging), provided that no more than 48 hours may be rostered in any one week. 2

TYPES OF DUTY HOURS

The annual quantum of hours will be comprised of the following types of duty hours. The employee’s annual salary will constitute the remuneration for all of these duty hours. 2.1

Rostered Duty Hours Rostered Duty Hours are all hours for which an employee may be rostered for duty that are not otherwise defined as duty hours in this clause. The maximum number of rostered duty hours that may be worked by Teaching Staff is 1005 hours per annum. The maximum number of rostered duty hours that may be worked by Non-Teaching Staff is 1558 hours per annum.

2.2

Accumulated Rostered Day Off (ARDO) ARDOs are non-duty times available to be taken at a time suitable to both the Centre and the Employee (usually rostered by the Director at the end or beginning of the year and added onto vacation periods.) Employees are entitled to 114 hours for the purposes of ARDOs per annum. These days are in recognition and in lieu of additional hours that employees work or may be called into work during the course of the rostered duty time (i.e.) weekend work, public holidays, travelling location. The employee is paid for the Accumulated Rostered Day Off but is not required to be at the centre.

2.3

Rostered Time For Board and Keep In addition to the hours of duty in clause 1 above, an extra ten (10) hours per week (or 410 hours per annum) may be ‘rostered duty time’ (for applicable employees) in exchange for the provision of board and lodgings.

2.4

Employer Rostered Professional Development Employer Rostered PD hours are hours which may be used for Employer rostered and provided professional development. This professional development could include such activities as orientation, module training for the Centre activities, first aid training, WH&S, etc. All employees will be required to be available for employer rostered PD for a minimum of 114 hours per annum.

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2.5

Personal Rostered Professional Development Personal Rostered PD hours are hours which will be used for professional development involving an industry recognised activity and undertaken and paid for by the employee. Such professional development may include TAFE subjects or the outdoor components of modules such as rafting hours or bushwalking etc. All employees will be required to undertake personal rostered PD for a minimum of 38 hours per annum. Employees will not be required to be at the Centre during these hours but will be accountable to the Centre Director. Evidence of the way in which the time has been utilised may be required. All costs incurred which relate to the professional development will be met by the employee.

3

OCCASIONAL FUNCTIONS HOURS

Occasional functions hours are for functions that a teacher is directed to attend and are not part of the normal weekly schedule such as fetes, presentation nights, parent/teacher evenings. In addition to the hours of duty in clause 1 above, a maximum of 31 hours may be scheduled by the Centre within the school year for the purpose of such functions. 4

CAMPING OUT ALLOWANCE

Employees required to camp away from permanent accommodation shall be paid a camping allowance in accordance with the Wages Table at the end of this Schedule for each night spent in camp. 5

CAMPING OUT – ACCOMMODATION

Employees required to camp away from permanent accommodation shall be provided with all tents and camping utensils. 6

FOOD

Where the employer supplies meals to employees, such meals shall be of sufficient quantity, sound and well cooked. 7

PROTECTIVE CLOTHING (a) (b) (c)

8

All employees shall be provided with all necessary protective clothing required for in the performance of their duties. All protective clothing shall be laundered and maintained by the employee on a regular basis. All protected clothing shall remain the property of the employer and shall be returned to the employer in a satisfactory condition (fair wear and tear expected) on termination of employment.

MISCELLANEOUS

All employees working in Outdoor Education Centres are required to have a current Blue Card and first aid qualifications. 9

OUTDOOR EDUCATION CLASSIFICATION STRUCTURE

The classification structure for Non-Teaching employees engaged under this Schedule will be consistent with current School Officers’ Award classifications for supervision, competency and formal qualifications. 10

TYPICAL DUTIES / SKILLS

Typical duties and skills for Non-Teaching employees are to be developed in line with Outdoor Education duties appropriate to clause 8 above by March 2005. Queensland Lutheran Schools Single Enterprise Agreement 2009

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11

PAYMENT OF SALARY

All Employees An employee who works a full school year is entitled to be paid for 52 weeks in that year. Where an employee works less than a full school year, the employee will receive a proportion of the annual salary for that year i.e. if an employee works half a school year they are paid 26 weeks. Non-Teaching Employees Subject to the application of junior rates below, Non-Teaching Employees in Outdoor Education Centres will be paid in accordance with the Wages Table at the end of this Schedule. If such employees are currently being remunerated above these rates, they will remain on the higher rates and the percentage increases prescribed in clause 4.1 of this Agreement will apply to their higher rate. Junior Employees The following junior rates will apply to Non-Teaching employees appointed at Level 1 or 2, provided that employees engaged at Level 2 will be engaged on junior rates for a maximum of two years: Age 15 and under 16 16 and under 17 17 and under 18 18 and under 19 19 and under 20 20 and under 21

Percentage of applicable rate in Wages Table 45% 50% 55% 65% 75% 85%

An example of an Outdoor Education Employee’s Annual Roster Hours Maximum hours Less annual leave Maximum rostered hours Less Employer rostered professional development Sub-Total Less Employee rostered professional development Sub-Total Less Accumulated Rostered Days In Lieu (TOIL) Sub-Total Plus Rostered time for Board & Lodging (where applicable) TOTAL

1976 152 1824 114 1710 38 1672 114 1558 410 1968

Weeks worked in a school year 41 (1968 ÷ 41 = 48 hours) therefore each Outdoor Education Employee may be rostered to work 48 hours per week. Example of an Outdoor Education Teaching Employee Hours per week * 31 School year 41 x 31

1271

Less employer professional development Sub-total Less employee professional development Sub-total Less Accumulated Rostered Days in lieu (TOIL) Sub-total Plus Rostered time for Board & Lodgings (where applicable) TOTAL Hours

1271 114 1157 38 1119 114 1005 410 1415

* St Peter’s (Ironbark) to be based on 30 hours per week. Therefore 1415 ÷ 41 = maximum hours of 34.5 hours per week.

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SCHEDULE 15 Conditions of Employment for Outdoor Education Employees St Peter’s Lutheran College, Ironbark Campus – Site Variation This variation to Schedule 14 pertains to teachers and school officers employed by St Peter’s Lutheran College, Ironbark Campus except as varied all other conditions, salaries and allowances pertaining to teachers and school officers in this agreement are to be observed. 1.

Ironbark Campus Programmed Year St Peter’s Lutheran College Ironbark Campus may require teachers to be present for professional duties up to the equivalent of 40 calendar weeks per year at Ironbark Campus and non-teaching staff, up to the equivalent of 48 calendar weeks. Public holidays that fall within this time will be observed where practically possible if not alternative days will be negotiated at the campus level for employees to access these gazetted public holidays. Professional development and other student free activities will be included in this period with details of time to be negotiated at the campus level. It is not the intention to increase the quantum of calendar weeks given to professional development as currently operating in this particular campus and if a variation to this is sought it would be negotiated with staff at the campus level.

2.

The School Week The total programmed time on a weekly basis will be up to 30 hrs per week. The program time will be the maximum time the teacher is required to be involved in teaching duties with students at Ironbark Campus. A teacher may be further called upon for up to a maximum of 8 hrs of any one week. In recognition of this teaching employees will receive an allowance of 4% of the annual base salary. This allowance is in recognition of the particular type of work undertaken by teaching staff at St Peter’s Lutheran College, Ironbark Campus. At Ironbark Campus the daily, weekly and yearly timetables may be organised to suit the campus’s own unique outdoor education and educational community needs. All programmed and un-programmed work shall be performed on a continual basis. Lunch breaks and other undirected time do not comprise part of programmed work unless an employee is directed to undertake a particular duty. Where significant curriculum change occurs at Ironbark Campus the college will provide an appropriate level of time release and / or other resource support to the above programmed time to adequately resource, develop and plan these significant curriculum changes.

3.

Employer Rostered Professional Development Employer rostered professional development will be utilised by St Peter’s Lutheran College, Ironbark Campus to provide professional development for all staff. This professional development will include such activities as orientation, module training for the centre’s activities, first aid training, Workplace Health and Safety, critiquing and development for programs and peer review as well as peer instruction. The employer will document and maintain documentation of all employee’s professional development delivered during programmed time. The professional development shall be no less than 114 hrs in any one year. This professional development will be developed in conjunction with the employee so as to fulfil the employees’ annual professional development plan.

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4.

Personal Professional Development Personal professional development are hours which will be utilised by an employee for their own individual personal development. If it is during camp programmed time an employee would require approval from the campus director to attend. If personal professional development is taken outside the programmed time at Ironbark Campus the employee has their discretion over how it will be utilised. Any costs incurred in relation personal professional development will be met by the employee. The professional development shall be no less than 38 hours in any one year.

5.

Camping Out Allowance Employees required to camp away from permanent accommodation shall be paid a camping allowance in accordance with the Wages Table at the end of this Schedule for each night spent in camp.

6.

Camping Out – Accommodation Employees required to camp away from permanent accommodation shall be provided with all tents and camping utensils.

7.

Food Where the employer supplies meals to employees, such meals shall be of sufficient quantity, sound and well cooked.

8.

Protective Clothing All employees shall be provided with all necessary protective clothing required for in the performance of their duties. All protective clothing shall be laundered and maintained by the employee on a regular basis. All protective clothing shall remain the property of the employer and shall be returned to the employer in a satisfactory condition (fair wear and tear expected) on termination of employment.

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ANNEXURE A Requirements for School Employees As part of their commitment to upholding and promoting the ethos of the school and reflected in clause 2.2 of this Agreement and in the interests of improved efficiency and production, employees agree to accept the following Code of Conduct. 1. Employees should maintain good financial records and observe open and proper conduct in operations involving school money. They should not conduct any private business venture which involves use of school resources or equipment without gaining permission from their employer. They should gain permission from their employer before borrowing any of the school’s property for private use. 2. Employees should declare to the employer any conflict of interest between their employment and their private affairs, for example, buying of the school text books which they have edited or charging tutoring costs for extra work done with their own students. 3. Employees should observe school protocols when communicating with parents, school governors or Church officials; any official communication needs to go through the designated channels. Nor should they make public statements or issue media releases on behalf of or in the name of the school without the school’s official permission.

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ANNEXURE B Formal Review for Unsatisfactory Performance Preamble A formal review for unsatisfactory performance serves two purposes. Most importantly, it provides a further process for genuinely helping the employee improve their conduct, capacity or performance to a satisfactory level and it ensures that legal requirements relating to due process and documentation are complied with. When an employee's conduct, capacity or performance is unsatisfactory or deficient, the following steps should be undertaken by the employer. This formal review will take place after departmental review/in-house evaluation and where appropriate, the provision of professional development to address any perceived unsatisfactory performance. 1.

Investigation

A proper investigation of the circumstances should be carried out. It is insufficient merely to rely on the fact that allegations have been made. An investigation may include the following: (i) assessing any relevant documentation, including a personnel file; (ii) interviewing persons who may have (or should have) knowledge of the employee's performance; (iii) assessing statistical information if that is an appropriate method of assessing performance in the particular case. Whichever method is used, the investigation must be carried out promptly. Investigations that prove groundless should be noted in the employee’s file, and the employee should be notified accordingly. 2.

Interview

If, after an appropriate investigation has been carried out, the employer is satisfied that there is substance to the allegation of unsatisfactory performance and wishes to investigate it further, an interview should be arranged with the employee concerned as soon as practicable. Copies of the documentation relevant to the allegation will be provided to the employee at the time of notification of the interview. The employee should be notified of the interview which should be confirmed in writing. The notification should include : (i) the time and place of the interview; (ii) the general nature of the matters to be discussed; (iii) the employee's right to have a person of their choice (including a Union representative) present. In arranging an interview, it is the employer's responsibility to cater for any of the employee's "special circumstances". This may include assessment of language skills (need for an interpreter), health and family issues. At the interview : (i) the employer should have his/her own witness present; (ii) notes of the meeting should be taken; (iii) details of the deficient or unsatisfactory performance should be provided to the employee. This should be in sufficient detail to enable the employee to respond and address the issues raised adequately; (iv) the employee should be given the opportunity to respond to the allegations and to raise any other matters which the employee considers to be relevant. If the employee wants Queensland Lutheran Schools Single Enterprise Agreement 2009

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(v)

3.

time to consider the matters raised, it should be allowed, but it should be limited to the shortest reasonable time. the employer and employee should negotiate a time by which standards are to be achieved.

Outcome of Interview

If, having regard to all matters raised at the interview and to the employee's response, the employer considers that no action is required, the employee should be advised in writing accordingly. Should action be deemed necessary, the employee will be advised in person with written confirmation, including : (i) that the employer has considered all matters raised at the interview, including the employee's response; (ii) that the employer believes that the employee's performance is deficient; (iii) details of the deficiencies; (iv) the standards which need to be met and the agreed time within which that must be achieved; (v) a review date in respect of the employee's performance against those standards. (The employer may wish to confirm that the employee will be subject to ongoing review, if that is to be the case, but that further discussion will need to take place on the first review date); (vi) the potential consequences of failing to achieve the standards within the time frame, including the ultimate possibility of termination of employment. (vii) the name of a nominated contact within the organisation (e.g. the employee's supervisor or a negotiated mentor) with whom the employee can discuss any matters which are unclear or from whom any assistance may be gained; (viii) details of counselling and/or professional development (where applicable) available to the employee (ix) that the employee was given an opportunity to be represented at the meeting; and (x) that the employee was given an opportunity to respond to the matters raised at the meeting. 4.

Review

The review should occur whether or not the employee's performance has improved. If the employee's performance has improved, the employee should be informed of this in writing. However, the need to continue to improve to reach and maintain the agreed standards should be reinforced and confirmed in writing. If the employee's performance has not sufficiently improved, the investigation, interview and review process should be repeated. If the second review finds the employee's performance is still unacceptable the employer may choose to: continue with disciplinary action/counselling in accordance with the four stage process outlined above; or find an alternative arrangement in the organisation (e.g. change of duties or position location) if in all the circumstances, dismissal is the only other option; or dismiss the employee if in all the circumstances termination would not be harsh, unjust or unreasonable and where (a) and (b) are not justifiable alternatives. The employer should notify the employee in the following manner of their dismissal: • The employee should be informed by the employer of the reason for their dismissal and the employee should be allowed to respond to the allegations. • The employer should provide the employee with written notice in accordance with the relevant state and commonwealth statutory requirements. The minimum period of notice depends on the employee's length of service and their age. Payment may be made in lieu of notice. • The employer should ensure the process of formal review of unsatisfactory performance has been followed and that each stage has been fully documented.

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ANNEXURE C Serious Misconduct and Summary Dismissal 1. Serious Misconduct Occasionally an employee may be challenged for behaviours which constitute serious misconduct and, as a consequence, may result in the employer seeking to terminate the employee’s services. In cases of serious misconduct, an employee may be dismissed provided: • The incident/s or behaviour have been thoroughly investigated • The employee has been allowed to respond to the allegations in a meeting, and • The employer considers all information received and conveys the decision in person and in writing. Deficiencies relating to conduct, capacity or performance are dealt with under Annexure B of this Deed. 2. Termination for Misconduct If the misconduct is so serious that dismissal is the most appropriate action, certain steps need to be followed to ensure that the dismissal conforms with guidelines and requirements set down by law and follows procedures which guarantee procedural fairness and natural justice. Procedure If there is some initial evidence that an employee may have a case to answer in respect of the alleged serious misconduct, the following steps need to be taken: (a) Ensure that the facts have been adequately investigated to make sure that there is no other explanation for what has happened. For example, if bank documents appear to show that money is missing, it should be firstly confirmed with the bank that the documents are accurate. (b) At an initial meeting, alert the employee to the concerns, specifying particular instances. If appropriate, the results of any investigations that have been made should be provided to the employee in writing. (c) At the time of arranging a second meeting with the employee, notify him/her that they may have a third party present at the meeting as an advisor of their choice. When determining the timing of the meeting the availability of the advisor must be taken into account. The status of this advisor is that of participant in the meeting. (d) At the meeting, the following steps should be addressed: (i) The employee is requested to respond to these concerns or allegations. The employee has the right to note the allegations and respond within a reasonable time either verbally or in writing. (ii) The employer must consider and investigate any alternate explanations for the alleged severe misconduct. It may be necessary to convene another meeting(s) to fully consider all the evidence. (iii) If the employer believes the response is inadequate, explain to the employee why it is inadequate and give the employee the opportunity to amend their response once the nature of the inadequacy is understood. (iv) If the employee admits the allegations but indicates that there are some mitigating circumstances, these should be taken into consideration when determining how the situation will be dealt with. (e) The discussions which take place should be documented accurately and after due consideration, both parties should be requested to sign a copy attesting to the accuracy of the written minutes. If it is established that there is no satisfactory explanation for what has happened and the alleged severe misconduct is clearly proven, the employee may be liable for dismissal. There needs to be sufficient evidence that the conduct is serious enough to justify dismissal in itself. Suitable time should be taken after the meeting to reflect upon the employee’s response before a decision is made whether the employee is to be dismissed. (f) Should dismissal be deemed necessary, the employee will be advised in person and with written confirmation including:

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(i)

(g) (h)

3.

that the employer has considered all evidence and matters raised at the meeting, including the employee’s response; (ii) that the employer believes that the employee’s behaviour is of such magnitude as to be serious misconduct (iii) the reasons why the employee’s behaviour has lead to the decision of dismissal. (iv) the employer should provide the employee with written notice in accordance with the relevant statutory requirements. Payment may be made in lieu of notice. The employer should ensure that due process has been carried out throughout all stages and thorough documentation made. During the investigation process, the employer may choose to suspend the employee on full pay if it is deemed to be appropriate. If, having regard to all matters investigated and the employer determines that no action is required, the employee should be advised in writing accordingly. In situations where the employer determines that while the employee’s behaviour was serious it did not warrant dismissal, and may therefore choose to serve the employee with a written warning.

Summary Dismissal

Summary Dismissal is a very serious and decisive action and is therefore only warranted in a situation where the employee’s conduct or capacity is of such a kind that it would be unreasonable or unsafe to require the employer to continue the employment during the period of notice. Therefore, this is a decision of last resort. Serious misconduct which may lead to summary dismissal may include: • The commission of a crime in the course of employment. • Reporting to work under the influence of illegal drugs or alcohol, especially after pastoral counselling for similar breaches. • Any conduct at the workplace which deliberately endangers the health and safety of the students, co-workers, or the public. • Proven sexual abuse where the allegations fall under Child Protection policies such as “Lutheran Church of Australia Safe Place Policy” and the “National Safe Schools Framework” or State or Federal legislation and the matter is reported to and prosecuted by the Police.

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ANNEXURE D Complaints Against Staff 1.

Preamble

In the Lutheran School, the Word of God and its Gospel guides all programs, activities and relationships. Positive relationships are valued and encouraged as a gift of God. We acknowledge that because of our human condition, relationships will at times become strained and disagreements or tensions will exist. In such situations God’s Word offers the following principles: Love one another as I have loved you. (John 15:12) Speak the truth in love. (Ephesians 4:15) Go to the person to speak about the concern. (Matthew 18:15) It is recognised that parents and students have a right to raise concerns they may have about staff and to have them addressed appropriately. Complaints should be handled objectively and with sensitivity, and not in a reactive or subjective manner. The policy and procedures in this document are to ensure that complaints will be dealt with in a fair and transparent way which gives account to the legal obligation of the School in relation to its duty of care to the student, but also guarantees procedural fairness and natural justice to the employee. In the absence of such a policy the School is vulnerable to individual complaint and runs the risk of reacting in a resource-intensive way and being inconsistent in its treatment of individual complaints. When there is a concern and parents or students feel the need to make a complaint, the first response should be to speak to the staff member involved. The biblical principles listed above should guide any approach and discussion. If this initial discussion does not lead to a resolution, then the formal processes outlined below should be followed. Not withstanding, all formal processes are guided by the biblical principles listed above, with the aim of a fair and just resolution for all parties involved. This policy does not apply to allegations of sexual abuse or harm to children which are dealt with by the policies - “Child Protection Policy”, the “National Safe Schools Framework” and the “Lutheran Church of Australia Safe Place Policy”. 2.

Definitions

“Staff” or “staff member” refers to all employees of the school, volunteers who access the school, pre-service teachers on the practicum, pre-service teachers on internships and coaches / tutors who are in any way involved with the school and its students. “School” refers to all primary schools, all secondary schools, all P-12 schools and all early learning services. 3.

Objectives

3.1

The determination about whether there has been any unsatisfactory or inappropriate practice or action, as early as possible and in the fairest and most objective manner possible.

3.2

The implementation of any necessary changes designed to bring about better educational, pastoral or administrative outcomes, as appropriate.

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3.3

The achievement of reconciliation between the parties based on open and transparent processes which afford both the staff member and complainant natural justice and procedural fairness.

3.4

The establishment of a renewed confidence in the staff/complainant relationship based on attempting to achieve an outcome where concerns have been aired, tested and, if demonstrated to have substance, agreed processes and procedures are implemented by the parties and reviewed over an agreed time line.

4.

Purpose

4.1

While staff members, parents and students may from time to time raise concerns or complaints relating to a staff member, not all matters will need to be raised with the staff member concerned if, after initial investigation the matter proves to be unfounded, vindictive or the complainant is not prepared to follow agreed process in documenting their complaint. Complaints not raised with the staff member concerned at the time must not be relied upon in any further disciplinary proceedings or professional contexts. If a record of a complaint is to be kept in a personal file, the staff member must be informed of the complaint and provided with documentation stating the matter was investigated and it had been determined the staff member had no case to answer. However, where, in the professional judgement of the Principal or other Senior Staff member, there is a need for a complaint to be addressed or acted on, or it is in the best interests professionally or educationally, the staff member must be informed of the complaint in writing.

4.2

Staff are entitled to know the details of the complaint against them, including the name of the person raising the complaint, the specific details of the complaint, and be given the opportunity to respond prior to any action being taken in response to the complaint. It is a denial of natural justice for the name of the complainant and the details of the complaint to be withheld from the staff member concerned. Such withholding of key information does not afford the staff member an appropriate and adequate opportunity to respond to and address the complaint.

4.3

Where it is intended that there is to be a meeting of the staff member concerned with the Principal, parents/students or other appropriate staff in relation to the complaint, the employee concerned should be told, in writing and with at least 24 hours notice, the purpose of the meeting and who will be attending the meeting. The staff member concerned must be given the opportunity to be accompanied by a support person of their choice, who may be a union representative.

4.4

The staff member concerned should be involved in discussions about the resolution of the concern and any actions arising from the complaint, especially where this involves commitments/correspondence to the complainant.

5.

Communication of the Policy

5.1

The policy includes procedures which shall be communicated to all staff members, students and parents.

5.2

Communication shall be effected by inclusion of the policy in the orientation process of staff members and students, the Staff Handbook, the Student/Parent Handbook and the School web site.

5.3

All staff shall sign a written acknowledgment of receipt of this Policy and their understanding and intention of compliance with the policy.

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6.

Procedures

6.1

Initial contact with the school A staff member, parent or student may at any time contact the Principal of the School in relation to any complaint, however such contact will not alter the procedures laid out in this policy.

6.2

Procedures for the Handling of Complaints 6.2.1

Level 1 – The initial level An initial verbal investigation is made by the Principal in an informal manner. In most instances, initial informal discussions lead to improved understandings, better working relationships and agreement for changed work practices. It is a professional expectation of all staff in Lutheran schools that understanding the viewpoint of all persons involved in an issue, including that of the person who has made the complaint is paramount and therefore deserves the time, and energy to work to create an outcome that fosters better relationships within the community. As a matter of good practice, notes should be kept of such informal discussions as well as any agreed outcome. When all methods of resolution have been attempted but a suitable outcome can not be reached, or if it is of a more serious nature, then the next stage - Level 2 is followed.

6.2.2

Level 2 - The formal process The complaint is required in writing and the procedure detailed in 6.3 is followed.

6.3

Redirection to Teacher / Staff Member Concerned

6.3.1

Provided that the complaint does not relate to allegations of serious misconduct of sexual, physical or emotional abuse, the parent or student (if appropriate) who has made the complaint should, in the first instance, be requested by the Principal or other senior staff member who receives the complaint, to submit the complaint in writing, providing sufficient detail for the staff member to understand the nature and context of the complaint.

6.3.2

If the complainant is unable by reason of their age or other inability to commit the complaint to writing, then the person who receives the complaint must record the particulars of the complaint in writing on the person’s behalf.

6.3.3

Where, in the professional judgement of the Principal or appropriate senior staff member who has received the complaint, there is a need for a complaint to be addressed, the staff member concerned must be informed and involved.

6.3.4

The staff member should then be given the opportunity to respond in writing if they choose to the written complaint. The Principal should meet with the staff member, providing at least 24 hours notice of such a meeting and offering the opportunity for the staff member to arrange for a support person to also attend. The Principal should arrange for scribing support to document the discussion. The meeting can either follow the matters raised in the staff member’s written response, or the Principal may determine the matters for discussion from the written complaint. This meeting allows for a verbal discussion to ensure that the process of natural justice occurs and to determine whether resolution in accordance with the Objectives of this policy can be achieved.

6.4

Further Discussion Necessary If, following the procedure adopted in 6.3, the complainant does not feel the matter has been resolved, the complainant should raise the concern with the Principal or other senior staff member (as appropriate), and the Principal or senior staff member will either:

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(a) Discuss the matter further with the complainant and, where the concern is based on misinformation, misunderstanding or is vexatious or misconceived, clarify the matter with the complainant. In this instance, the staff member concerned should be informed in writing that the complainant further discussed the matter with the Principal or senior staff member (as appropriate) and the outcome of the Principal’s discussion with the parent or student; or (b) Discuss the matter further with the complainant and, where the Principal (or other senior staff member, as appropriate) forms the view that the concern is not vexatious nor misconceived, nor based on misinformation/misunderstanding, will discuss the concern with the staff member concerned. Such discussions, meetings and actions arising out of the complaint should be carried out in accordance with the principles outlined in the Preamble and Objectives sections of this Policy. 6.5

Mediation If after the procedural steps in paragraphs 6.2.1 and 6.2.2, the matter of complaint remains unresolved to any party or should matters of disagreement or interpretation be unable to be resolved, the parties shall undertake mediation according to the following procedures: (a) Where mediation is required the School must appoint a mediator (at its cost) agreed to by the parties involved or failing agreement, a qualified mediator listed by the Queensland Law Society may be appointed. (b) The parties must observe the instructions of the mediator about the conduct of the mediation. (c) The mediation procedure is confidential and neither party can use as evidence in court proceedings any discussions between the parties and the mediator. (d) If the mediation process has been completed and resolution has not been achieved then the decision as to whether any further action should be taken in relation to the complaint shall be solely in the discretion of the Principal.

6.6

Undertaking Staff members against whom complaints are made undertake to not victimise or seek retribution against any complainant or student of any complainant because a complaint has been made.

6.7

Confidentiality (a) Confidentiality is a major issue in the handling of complaints. Confidentiality shall be maintained at all stages of the complaint procedures with communication limited to those people who need to be informed in order to resolve the complaint. This does not exclude the staff member from seeking counsel and advice from relevant support structures. (b) The identity of the person reporting the matter should not be revealed to any third party without the complainant’s consent, unless it is required to be disclosed by law or is required for the purposes of 6.7(c). (c) This does not prohibit either party from seeking statements or evidence from people who might provide further evidence about the matter which is the subject of the complaint.

6.8

Record Keeping (a) Records of the complaint, the process for handling the complaint and any outcomes should be kept. Where the complaint is found to be vexatious or based on misinformation etc, any record pertaining to the complaint or handling of the complaint should be kept in a file separate from the staff member concerned and the student. (b) Where a complaint is addressed or acted on, a copy of any reports related to the handling of the complaint must be given to the staff member concerned. Staff members must have access to the files kept on them by the School.

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ANNEXURE E

Teachers’ Award – Non Governmental Schools

ANNEXURE F

School Officers’ Award – Non-Governmental Schools

ANNEXURE G

Miscellaneous Work’s Award – State

ANNEXURE H

Greenkeeping Industry Award – State

ANNEXURE I

Nurses Award – State

ANNEXURE J

Building Products, Manufacture and Minor Maintenance Award - State

ANNEXURE K

Motor Drivers etc Award – Southern Queensland

ANNEXURE L

Building Construction Industry Award – State

ANNEXURE M

Transport, Distribution and Courier Industry Award – Southern District

ANNEXURE N

Furniture and Allied Trade Award – State

ANNEXURE O

Nurserymen’s Award – State

ANNEXURE P

Boarding Schools, Residential Colleges and Other Non- Commercial Establishments Accommodation Award – South -Eastern Division

Queensland Lutheran Schools Single Enterprise Agreement 2009

EMPLOYER SERVICES Teachers Award – Non-Governmental Schools 2003 (NAPSA) Wage Rates Applicable from ppc 1 October 2008 Teachers 3 year Trained Part-time Hourly (Pro rata Leave)** $

Part-time Hourly (No Leave Accrual)** $

Casual

Per Fortnight

Per Annum*

$

$

$

Step 1

$25.52

$31.39

$31.39

$1,352.56

$35,287.29

Step 2

$26.03

$32.02

$32.02

$1,379.59

$35,992.48

Step 3

$26.66

$32.79

$32.79

$1,412.98

$36,863.60

Step 4

$27.20

$33.46

$33.46

$1,441.60

$37,610.28

Step 1

$27.76

$34.14

$34.14

$1,471.28

$38,384.60

Step 2

$28.67

$35.26

$35.26

$1,519.51

$39,642.89

Step 3

$29.78

$36.63

$36.63

$1,578.34

$41,177.72

Step 4

$30.89

$37.99

$37.99

$1,637.17

$42,712.55

Step 5

$31.93

$39.27

$39.27

$1,692.29

$44,150.59

Step 1

$32.78

$40.32

$40.32

$1,737.34

$45,325.91

Step 2

$33.71

$41.46

$41.46

$1,786.63

$46,611.85

Step 3

$34.64

$42.61

$42.61

$1,835.92

$47,897.79

Step 4

$35.56

$43.74

$43.74

$1,884.68

$49,169.90

Band 1 -

Band 2 -

Band 3 -

*Please note the Annual Rates are for information purposes only ** Please see clause 4.2.1

These wage tables override rates provided for in clause 5.1.1 of this Award.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Every effort has been made to ensure that this Wage Ready Reckoner is free from error and/or omissions – operative ppc 01/10/08

i

EMPLOYER SERVICES Teachers Award – Non-Governmental Schools 2003 (NAPSA) Wage Rates Applicable from ppc 1 October 2008 Teachers 4 year Trained Part-time Hourly (Pro rata Leave)** $

Part-time Hourly (No Leave Accrual)** $

Casual

Per Fortnight

Per Annum*

$

$

$

Step 1

$27.74

$34.12

$34.12

$1,470.22

$38,356.95

Step 2

$28.67

$35.26

$35.26

$1,519.51

$39,642.89

Step 3

$29.78

$36.63

$36.63

$1,578.34

$41,177.72

Step 4

$30.89

$37.99

$37.99

$1,637.17

$42,712.55

Step 5

$31.97

$39.32

$39.32

$1,694.41

$44,205.90

Step 1

$32.78

$40.32

$40.32

$1,737.34

$45,325.91

Step 2

$33.71

$41.46

$41.46

$1,786.63

$46,611.85

Step 3

$34.64

$42.61

$42.61

$1,835.92

$47,897.79

Step 4

$35.56

$43.74

$43.74

$1,884.68

$49,169.90

Band 2 -

Band 3 -

Teachers 4 year Trained who have obtained an approved Doctoral of Masters Degree or 2 Approved degrees as per clause 5.2.2. Part-time Hourly (Pro rata Leave)** $

Part-time Hourly (No Leave Accrual)** $

Casual

Per Fortnight

Per Annum*

$

$

$

$35.56

$43.74

$43.74

$1,884.68

$49,169.90

*Please note the Annual Rates are for information purposes only ** Please see clause 4.2.1

These wage tables override rates provided for in clauses 5.2.1 & 5.2.2 of this Award.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Every effort has been made to ensure that this Wage Ready Reckoner is free from error and/or omissions – operative ppc 01/10/08

ii

TEACHERS' AWARD - NON-GOVERNMENTAL SCHOOLS 2003 PART 1 - APPLICATION AND OPERATION 1.1

Title

This Award is known as the Teachers' Award - Non-Governmental Schools 2003. 1.2

Arrangement

Subject Matter

Clause No.

PART 1 - APPLICATION AND OPERATION Title Arrangement Application of Award Date of operation Parties bound Definitions Leave reserved

1.1 1.2 1.3 1.4 1.5 1.6 1.7

PART 2 - FLEXIBILITY Enterprise flexibility

2.1

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Consultation Grievance and dispute settling procedure

3.1 3.2

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories Part-time Teachers Job share Casual Teachers Fixed term appointment Incidental and peripheral tasks Termination of employment Continuity of service - transfer of calling Anti-discrimination Introduction of changes Redundancy

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 1.2 (Part 4) – amended – operative 09/12/05

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11

Sep-08

1

PART 5 - WAGES AND WAGE RELATED MATTERS Salaries - 3 Year trained Teachers Salaries - 4 Year trained Teachers Review Advanced Skills Teacher Salary increments Allowances Payment of salaries Occupational superannuation Specific employers

5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work Overtime

6.1 6.2

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Proportion of salary Annual leave loading Sick leave Family leave Bereavement leave Long service leave Leave without pay Public holidays Jury Service

7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 - TRAINING AND RELATED MATTERS Training Induction Teacher portfolio

9.1 9.2 9.3

PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Text books

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 1.2 (Part 5) – amended – operative 20/2/06 Clause 1.2 (Part 7)-amended-operative 15/09/05

10.1

Sep-08

2

PART 11 - AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry Time and wages record Union encouragement Trade union training leave

11.1 11.2 11.3 11.4

Form of certificate Advanced Skills Teacher - Level 1 (AST 1) Transition Arrangements "Promotional Positions - Certain Grammar Schools (Girls Grammar School Brisbane, Ipswich, Rockhampton and Toowoomba Grammar Schools) Positions of added responsibility - Brisbane and Townsville Grammar and Ipswich and Rockhampton Girls Grammar Schools Positions of Senior Administration, and Positions of Added Responsibility in Catholic Schools, Queensland Promotional Positions - PMSA Schools Promotional positions - Anglican Schools Queensland Catholic Schools - Hours of Duty - Teaching Staff - Queensland Catholic Employing Authorities - Long Service Leave Catholic Schools Queensland - School Counsellors (Teacher) Brisbane Catholic Education - School Counsellors (Teacher) - Special Education Consultants (Teacher) Teaching Staff - The Uniting Church in Australia Property Trust (Q.) Moreton Bay College Occupational Superannuation Teaching Staff - Emmanuel Education Limited trading as Emmanuel College, Carrara Teaching Staff - Board of Governors - Blackheath and Thornburgh College, Charters Towers AB Paterson College Ltd Montessori School Limited of Fig Tree Pocket Teaching Staff - Catholic Schools (Queensland) Occupational Superannuation Minimum wages and allowances – Catholic Education employing Authorities Minimum wages and allowances – Anglican Employing Authorities Minimum wages – Lutheran Schools

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 1.2 – Schedule 20 & 21– inserted – operative 22/03/06 Clause 1.2 – Schedule 19 – inserted – operative 20/2/06 Clause 1.2 – Schedules 4 – 18 inserted – operative 30/06/05

Sep-08

Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Schedule 11 Schedule 12 Schedule 13 Schedule 14 Schedule 15 Schedule 16 Schedule 17 Schedule 18 Schedule 19 Schedule 20 Schedule 21

3

1.3

Application of Award

Except as hereinafter provided, this Award shall apply to all Teachers employed in nongovernmental schools in Queensland but shall not apply to such Teachers as are in Holy Orders, or are members of a recognised religious teaching order. This Award shall not apply to persons who, at a personal interview with an Industrial Magistrate, at which no other person shall be present, satisfy such Industrial Magistrate that they wish to teach in any particular school from religious motives, and who receive from the Industrial Magistrate a certificate in the appended form. No certificate of exemption shall be granted for a period exceeding one Year but may be renewed on application from time to time for a further period not exceeding one Year. A copy of the certificate shall be forwarded to the Industrial Registrar (and shall be available for inspection by the Queensland Independent Education Union of Employees) and to the Chief Inspector. 1.4

Date of operation

This Award takes effect from 1 December 2003. 1.5

Parties bound

This Award is binding upon the employees as prescribed by clause 1.3 and their employers, and the Queensland Independent Education Union of Employees and its members.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

3(a)

1.6

Definitions

1.6.1

The "Act" means the Industrial Relations Act 1999 as amended or replaced from time to time.

1.6.2

"Advanced Skills Teacher" (AST) means an employee appointed as such who is an outstanding classroom practitioner who consistently demonstrates a commitment to excellence in teaching and who is committed to professional development. The Advanced Skills Teacher shall have the following primary objectives: *

To utilise exemplary strategies and processes in curriculum areas that provide the optimum program delivery for students within a framework of the values and ethos of the schools/systems that are parties to this Award.

*

To assist in interpreting, adapting and applying curriculum programs to the classroom setting and to teach, model and demonstrate program components.

*

To contribute significantly to the enhancement of the teaching profession.

1.6.3

"Approved" used in relation to course, diploma, degree, or university, means a course, diploma, degree or university acceptable to or recognised by the Director-General of Education (Queensland) for similar qualifying purposes in respect of Teachers employed by the Department of Education (Queensland).

1.6.4

"Average Enrolment" means the average of the gross number of pupils enrolled during the several terms of the school Year in the "Secondary Department" of a school, or in the case of a school in which there is not a recognised "Secondary Department" in Junior and Senior classes.

1.6.5

"Commission" means the Queensland Industrial Relations Commission.

1.6.6

"Duty" includes all tasks related to the educational development of students and tasks concerned with the maintenance of good order and behaviour. Such tasks include class and group teaching and instruction; conducting excursions for instruction in school curriculum during school hours; setting and correcting assignments, tests, laboratory work, and examination papers; supervision of tests and examinations conducted in connection with the school curriculum; evaluating and assessing students' work; care of laboratories and their equipment; compiling mark registers; compiling syllabuses and work books; giving written reports on students' work and progress; and supervising students detained for punishment. In the case of Resident Teachers "Duty" also means any supervision or other tasks in connection with the boarding establishment of the particular school required of the Resident Teacher the school authority.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

4

1.6.7

"Extra-Curricular Duties" includes the supervision of school sports, clubs within the school, cadet training, and other like duties. Such duties shall be voluntary and honorary and shall be arranged by agreement between the Teachers and the school authority.

1.6.8

"4 Year Trained Teacher" means a person appointed as a Teacher who holds an Approved degree from a recognised tertiary education institution or an Approved equivalent tertiary qualification plus at least one Year of Teacher education or such other qualifications recognised by the Employer as equivalent to one Year of Teacher education.

1.6.9

"Primary Department" means the Primary Department of a Secondary School.

1.6.10

"Primary School" means any school not under the direct control of the Department of Education which provides primary education. There may be attached to it a Secondary Department.

1.6.11

"Resident Teacher" means any Teacher other than the headmaster/headmistress or principal who is provided with board and residence by the school authority which employs that person as a Teacher.

1.6.12

"Secondary Department" means the Secondary Department of a Primary School.

1.6.13

"Secondary School" means any school not under direct control of the Department of Education (Queensland) which prepares candidates for the Junior Certificate and/or the Senior Certificate as issued by the Queensland Studies Authority or comparable examinations of educational standard.

1.6.14

"Subject Co-ordinator" means a Teacher appointed as such by the controlling authority of the school, and who is responsible for: (a)

prescription of the subject or subject area syllabus with special attention to grading and progression;

(b)

planning of programmes for year and term;

(c)

arrangement of subject discussions and demonstrations;

(d)

general guidance of Teachers of the subject with particular attention to young Teachers;

(e)

enrichment of other modification of subject prescription to suit student groups;

(f)

conduct of examinations and the planning or organising of a programme of continuous assessment in the subject;

(g)

ordinary maintenance of books and equipment;

(h)

direction of remedial work in the subject.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

5

1.6.15

"Teacher" means and includes any employee other than the headmaster/headmistress or principal, who is ordinarily engaged in teaching full-time or part time on the staff of a school. The term also includes any Teacher engaged in giving class instruction in physical education, commercial subjects, home science, agricultural subjects, art, music, manual training subjects or such other subjects Approved by the Board of Secondary School Studies. The term also includes Teachers who are seconded to the following organisations: (a)

The Catholic Education Office (Archdiocese of Brisbane);

(b)

The Catholic Education Offices (Dioceses of Toowoomba, Cairns, Townsville, and Rockhampton), The Queensland Catholic Education Office;

(c)

The Association of Independent Schools of Queensland; and The Board of Secondary Schools Studies.

1.6.16

"3 Year Trained Teacher" means a person appointed as a Teacher with 3 Years of Teacher education or such other qualifications as may be recognised by the Employer for this purpose.

1.6.17

"Union" means the Queensland Independent Education Union of Employees.

1.6.18

"Year" used in relation to an Approved university course or an Approved course at a Queensland Institute of Technology or a comparable institution means the subject requirements specified for a Year of a full-time course or an equivalent number or point value of subjects which are relevant to subjects being taught.

1.6.19

"Year of Service" for the purpose of assessing the salary payable to a Teacher shall be determined with due regard to their qualifications and years of service in a capacity equivalent to the particular category of Teacher in a school or schools to which this Award applies, in a school or schools controlled by the Department of Education (Queensland), and such other teaching service as the employing school might recognise.

1.7 1.7.1

Leave reserved The "exemption provision" in clause 1.3 and Schedule 1

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

6

PART 2 - FLEXIBILITY 2.1

Enterprise flexibility

2.1.1

As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace.

2.1.2

The consultative processes established in an enterprise in accordance with clause 2.1 may provide an appropriate mechanism for consideration of matters relevant to clause 2.1.1. Union delegates at the place of work may be involved in such discussions.

2.1.3

Any proposed genuine agreement reached between an employer and employee/s in an enterprise is contingent upon the agreement being submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given.

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1

Consultation

3.1.1

The parties to this Award are committed to ongoing and positive cooperation to increase the efficiency and productivity of the industry covered by this Award and to enhance the career opportunities and job security of employees in the industry.

3.1.2

At each school or school systems the employer, the employees and the Union commit themselves to establishing a consultative mechanism and procedures, where such do not exist, appropriate to the size, structure and needs of the school or system. Measures raised by the parties for consideration consistent with the objectives of clause 3.1.1 shall be processed through that consultative mechanism and procedures.

3.2

Grievance and dispute settling procedure

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.2.1

In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

7

3.2.2

If the grievance or dispute is not resolved under clause 3.2.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.

3.2.3

If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.2.5.

3.2.4

If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2.2, the matter shall, in the case of a member of the Union, be reported to the relevant officer of the Union and the senior management of the employer or the employer's nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.2.2 will not result in resolution of the dispute.

3.2.5

If, after discussion between the parties, or their nominees mentioned in clause 3.2.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act.

3.2.6

Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.

3.2.7

The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

3.2.8

All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.

3.2.9

Any Order or Decision of the Commission (subject to the parties' right of appeal under the Act) will be final and binding on all parties to the dispute.

3.2.10

Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

8

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 4.1.1

Employment categories Employees covered by this Award shall be advised in writing of their employment category upon appointment. Employment categories are:

4.2 4.2.1

(a)

full-time;

(b)

part-time (as prescribed in clause 4.2);

(c)

job share (as prescribed in clause 4.3);

(d)

casual (as prescribed in clause 4.4): or

(e)

fixed term (as prescribed in clause 4.5)

Part-time Teachers The rate of payment for part-time Teachers shall be calculated in accordance with clauses 4.2.1(a) and (b): (a)

By dividing the fortnightly rate of salary prescribed by this Award for a Teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23 %. No payment shall be made to such part-time Teachers for public holidays, school vacation periods or days absent from Duty because of illness or any other reason.

(b)

By dividing the fortnightly rate of salary prescribed by the Award for a Teacher of equivalent teaching experience and academic qualification by 53. Part-time Teachers employed in accordance with clause 4.2.1(b) shall accrue a pro rata entitlement to sick leave and vacation periods based on the average weekly hours of employment.

4.2.2

A part-time Teacher in Secondary Schools and in Secondary Departments of Primary Schools shall be allowed time for corrections, assessments or evaluations at the school not less than at the rate of one hour for every 5 hours of teaching time. This time shall be paid in accordance with the scale of salaries prescribed in Part 5.

4.2.3

No part-time Teacher shall be employed in one school for more than 16 hours of actual teaching per week or if employed in more than one school be actually engaged in teaching for an aggregate time in excess of 19 hours.

4.2.4

The provisions of clauses 5.1, 5.2 and 5.5 shall apply to part-time Teachers: Provided that a part-time Teacher shall be deemed to have completed a Year of Service, for the purpose of clause 4.2 only, when the aggregate amount of time paid for is 1,000 hours.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

9

4.2.5

4.3

Payment shall be made at the prescribed rate to a part-time Teacher whose class or classes are not available unless notice has been given to the part-time Teacher of the unavailability of such class or classes on the preceding school day. Job share

4.3.1

"Job share" is defined as a mode of employment where the duties, responsibilities and benefits of an employment classification contained in this Award is shared between 2 employees.

4.3.2

A request may be made by an existing Teacher to share the position the Teacher is currently holding. The request must be made to the employer and must identify the proposed division of the position. If the request is accepted by the employer: (a)

The parties to the proposal must negotiate a mutually suitable division of the work, and;

(b)

The residual position must be advertised.

4.3.3

A position subject to the job share arrangements as prescribed by clause 4.3, is not regarded as a fixed term arrangement but rather continues for an indefinite period.

4.3.4

The salaries paid to job share participants shall be in accordance with the scale of salaries prescribed in Part 5 based on the percentage division of the work.

4.3.5

Employees subject to the job share arrangement prescribed by clause 4.3 shall be entitled to pro rata benefits of such leave, vacation periods, public holidays and all other accrued benefits to full-time employees based on the percentage division of the work.

4.3.6

If a participating Teacher is unable to attend for Duty because of illness, the other participant may be offered the day(s) work by the employer. If the offer is accepted by the participant, the Teacher shall be paid as a casual employee as prescribed by clause 4.4 for the relevant period.

4.3.7

Should either participating employee leave the employment of the school, the remaining employee may be offered the residue of employment. If this offer is not accepted by the remaining participant, the provisions of clause 4.3.2 shall be followed.

4.3.8

The number of job share positions offered in any school shall not exceed one to 7 or fraction of 7 full-time Teachers employed by the same employer in the same school.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

10

4.4

Casual Teachers

4.4.1

A casual Teacher shall be employed on an intermittent basis to relieve a Teacher absent from Duty or to meet a short term staffing need.

4.4.2

A casual Teacher shall be employed for a minimum period of 3 hours and a maximum period of 5 days of teaching in respect of any one engagement. There shall be a minimum payment of 3 hours for each day so employed.

4.4.3

Where Teachers are required to perform duties over and above their classroom teaching duties, they shall be remunerated in accordance with clause 4.2.1(a).

4.4.4

Remuneration for a casual Teacher shall be based on the scale of salaries prescribed in Part 5 in accordance with the formula contained in clause 4.2.1(a).

4.4.5

Casual Teachers in Secondary Schools and in Secondary Departments of Primary Schools will be paid for preparation and correction time in accordance with clause 4.2.2. Casual Teachers will not receive such payment in respect of the first 2 days of any one engagement.

4.4.6

The provisions of clause 4.2.4 relating to salary increments shall apply provided that 1,200 hours shall be substituted for 1,000 hours.

4.5 4.5.1

4.5.2

Fixed term appointment "Fixed Term Appointee" is defined as a Teacher appointed by the school to accommodate an identifiable short term need. Without limiting the application of the foregoing, an identifiable short term need could include: (a)

Special projects

(b)

Proposed closure of a school

(c)

Special Government grants

(d)

Filling the position of a specified Teacher who is on nominated leave from the school

(e)

Filling the position of a Teacher arising from a resignation, where such position is declared vacant and no suitable permanent Teacher is available.

Fixed term appointees will be employed for a period no greater than 12 months and shall not be regarded as probationary Teachers: Provided that if the identifiable short term need exists after the 12 month period, the fixed term appointment may be re-negotiated.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

11

4.5.3

Any agreement reached between a school and an individual Teacher as prescribed by clause 4.5 shall be in writing, signed by both parties, and shall clearly identify the terms, conditions and specific duration of the appointment.

4.5.4

Fixed term appointees shall be paid salary in accordance with the scale of salaries prescribed in Part 5.

4.6

Incidental and peripheral tasks

4.6.1

An employer may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training.

4.6.2

An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment (where relevant).

4.6.3

Any direction issued by an employer pursuant to clauses 4.6.1 and 4.6.2 shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

4.7 4.7.1

Termination of employment Statement of employment

The employer shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.7.2

Termination by employer - full-time Teachers (a)

The employer shall give to a full-time Teacher at least one month's notice in writing of the termination of their services

(b)

Employees over 45 years of age at the time of the giving of notice, and with more than 5 years' service with the employer, shall be entitled to an additional week's notice to that prescribed in clause 4.7.2 (a).

(c)

Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d)

In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used.

(e)

The period of notice in clauses 4.7.2 (a) and 4.7.2 (b) shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

12

4.7.3

Termination by employer - part-time Teachers (a)

The employer shall give to part-time Teachers the following notice in writing of the termination of their services. Less than 3 years' service

2 weeks' notice

More than 3 years but less than 5 years

3 weeks

More than 5 years

4 weeks

(b)

In addition to the notice in clause 4.7.3(a) employees over 45 years of age at the time of the giving of notice and with not less than 2 years continuous service, shall be entitled to an additional week's notice.

(c)

Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

4.7.4

(d)

In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used.

(e)

The period of notice in clause 4.7.3(a) shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of casual employees.

Notice of termination by employee (a)

The notice of termination required to be given by an employee shall be the same as that required of an employer: Provided that there shall be no additional notice based on the age of the employee concerned.

(b)

If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate for the period of notice: Provided that employment may be terminated by part of the period of notice specified and part withholding of wages in lieu thereof.

4.8

Continuity of service - transfer of calling

In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act, as amended from time to time.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

13

4.9 4.9.1

Anti-discrimination It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the Industrial Relations Act 1999 as amended from time to time, which includes: (a)

discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade Union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes;

(b)

sexual harassment; and

(c)

racial and religious vilification.

4.9.2

Accordingly, in fulfilling their obligations under the grievance and dispute settling procedure in clause 3.2, the parties to this Award must take reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.

4.9.3

Under the Anti-Discrimination Act 1991 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.

4.9.4

Nothing in clause 4.9 is to be taken to affect: (a)

any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991;

(b)

an employee, employer or registered organization, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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14

4.10 Introduction of changes 4.10.1

Employer's duty to notify (a)

Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, where relevant, their union or unions.

(b)

'Significant effects' includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs: Provided that where the Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

4.10.2

Employer's duty to consult over change (a)

The employer shall consult the employees affected and, where relevant, their union or unions about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b)

The consultation must occur as soon as practicable after making the decision referred to in clause 4.10.1.

(c)

For the purpose of such consultation the employer shall provide in writing to the employees concerned and, where relevant, their union or unions, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.11 Redundancy 4.11.1

Consultation before terminations (a)

Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall consult the employee directly affected and where relevant, their union or unions.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clauses 4.10 & 4.11 – inserted – operative 09/12/05

Sep-08

14(a)

(b)

The consultation shall take place as soon as it is practicable after the employer has made a decision, which will invoke the provisions of clause 4.11.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.

(c)

For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.11.2

4.11.3

Transfer to lower paid duties (a)

Where an employee is transferred to lower paid duties for reasons set out in clause 4.11.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 4.7.

(b)

The employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.

(c)

The amounts must be worked out on the basis of: (i)

the ordinary working hours to be worked by the employee; and

(ii)

the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and

(iii)

any other amounts payable under the employee's employment contract.

Transmission of business (a)

Where a business is, whether before or after the date of insertion of this clause in the Award. transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i)

the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(ii)

the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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(b)

4.11.4

4.11.5

In clause 4.11.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Time off during notice period (a)

Where a decision has been made to terminate an employee in the circumstances outlined in clause 4.11.1(a), the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)

If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in clause 4.11.1, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out. 4.11.6

Severance pay (a)

In addition to the period of notice prescribed for ordinary termination in clause 4.7, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 4.11.1(a), shall be entitled to the following amounts of severance pay: Period of Continuous Service

Severance Pay (weeks' pay) nil 4 6 7 8 9 10 11 12 13 14 15 16

Less than 1 year 1 year but not more than 2 years More than 2 years but not more than 3 years More than 3 years but not more than 4 years More than 4 years but not more than 5 years More than 5 years but not more than 6 years More than 6 years but not more than 7 years More than 7 years but not more than 8 years More than 8 years but not more than 9 years More than 9 years but not more than 10 years More than 10 years but not more than 11 years More than 11 years but not more than 12 years More than 12 years

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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(b)

'Weeks' Pay' means the ordinary time rate of pay for the employee concerned: Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments.

4.11.7

Superannuation benefits

An employer may make an application to the Commission for relief from the obligation to make severance payments in circumstances where:

4.11.8

(a)

the employer has contributed to a superannuation scheme which provides a particular benefit to an employee in a redundancy situation; and

(b)

the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.

Employee leaving during notice

An employee whose employment is terminated for reasons set out in clause 4.11.1(a), may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.11.9

Alternative employment

An employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the employer obtains acceptable alternative employment for an employee. 4.11.10

Employees with less than one year's service

Clause 4.11 shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.11.11

Employees exempted

Clause 4.11 shall not apply: (a)

where employment is terminated as a consequence of misconduct on the part of the employee; or

(b)

to employees engaged for a specific period or task(s); or

(c)

to casual employees.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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4.11.12

4.11.13

Employers exempted (a)

Subject to an order of the Commission, in a particular redundancy case, clause 4.11 shall not apply to an employer including a company or companies that employ employees working a total of fewer than 550 hours on average per week, excluding overtime, Monday to Sunday. The 550 hours shall be averaged over the previous 12 months.

(b)

A 'company' shall be defined as: a company and the entities it controls; or

(ii)

a company and its related company or related companies; or

(iii)

a company where the company or companies has a common Director or common Directors or a common shareholder or common shareholders with another company or companies.

Exemption where transmission of business (a)

(b) 4.11.14

(i)

The provisions of clause 4.11.6 are not applicable where a business is before or after the date of the insertion of this clause into the Award, transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances: (i)

where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or

(ii)

where the employee rejects an offer of employment with the transmittee: (A)

in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

(B)

which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

The Commission may amend clause 4.11.13(a)(ii) if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.

Incapacity to pay

An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the employer's incapacity to pay.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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14(e)

PART 5 - WAGES AND WAGE RELATED MATTERS 5.1 5.1.1

Salaries - 3 Year trained Teachers The following scale of minimum salaries shall apply:

Band 1 Step 1 Step 2 Step 3 Step 4 Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4 5.1.2

Per Fortnight $

Per Annum $

1,253.20 1,280.60 1,314.00 1,349.40

32,695.00 33,410.00 34,281.00 35,205.00

1,378.90 1,437.90 1,496.70 1,555.60 1,610.60

35,975.00 37,514.00 39,048.00 40,584.00 42,019.00

1,655.70 1,704.90 1,754.00 1,803.10

43,196.00 44,480.00 45,761.00 47,042.00

Incremental Progression (a)

A 3 Year trained Teacher shall be appointed at Band 1 Step 1.

(b)

Except as otherwise provided by this Award, progression from one salary Step to a higher salary Step shall be by annual increment up to the maximum salary of Band 2.

(c)

Except as otherwise provided by this Award, a 3 Year trained Teacher shall have access to Band 3 and shall complete 2 years service on Steps 1, 2 and 3 of Band 3 before progression to the next Step.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 5.1.1 – 2005 SNA – operative 01/09/05 Clause 5.1.1 – rates inc-operative 01/09/05

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5.1.3

Progression - Additional qualifications

A 3 Year trained Teacher who successfully completes further tertiary study to achieve the status of 4 Year trained Teacher shall as from 1 January or 1 July whichever is the first following such completion upon production of satisfactory evidence thereof have the appropriate salary Step in clause 5.1.1 determined according to the following table: Salary Step clause 5.1.1

Salary Step clause 5.2.1

Band 1 Step 1 Band 1 Step 2 Band 1 Step 3 Band 1 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4

Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5

Band 2 Step 5 Band 3 Step 1 Band 3 Step 2 Band 3 Step 3 Band 3 Step 4

5.1.4

The arrangements contained in clause 5.1.3 shall not alter the date at which a Teacher progresses to the next salary Step on the scale where applicable.

5.1.5

Progression - Professional Development (a)

Notwithstanding the provisions of clause 5.1.2, a 3 Year trained Teacher may apply for progression by annual increments through Band 3 subject to the following conditions: (i)

completion of at least 12 months service on Step 5 Band 2;

(ii)

participation in 150 hours of accredited professional development activities undertaken no earlier than 1 January 1990 to be achieved at an annual average rate of not less than 30 hours (5 days) and to be undertaken outside the hours engaged in teaching; and

(iii) provision of a statement outlining the knowledge and skills acquired through participation in professional development. (b)

Applications for progression shall be made through the Principal of the school and be subject to assessment and recommendation to the school authority by a panel consisting of (i)

a representative of the School Authority;

(ii)

a representative of the Teacher seeking progression;

(iii) a representative jointly agreed to.

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(c)

5.2 5.2.1

Applications shall include (i)

certification of participation in accredited professional development activities by activity providers;

(ii)

a brief statement on a standard agreed, outlining the additional knowledge and skills acquired and their application in the Teacher's work.

(d)

No Teacher shall be required to undergo classroom or other inspection for the purposes of certification.

(e)

The review panel shall make a recommendation to the employing authority as to whether in its opinion the Teacher has satisfied the eligibility criteria in clause 5.1.5.

(f)

A Teacher shall retain all rights under the Act.

(g)

A Teacher who is certified as having satisfied the requirements contained in clause 5.1.5 (a) shall be entitled to progress to the next Step in Band 3 from the date of application or on the completion of 12 months' service on their current Step which shall be no lower than Step 1 of Band 3 whichever is the later and shall progress thereafter by annual increments to the maximum salary of Band 3.

Salaries - 4 Year trained Teachers The following scale of minimum salaries shall apply:

Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4

Per Fortnight $

Per Annum $

1,378.00 1,437.90 1,496.70 1,555.60 1,612.60

35,951.00 37,514.00 39,048.00 40,584.00 42,072.00

1,655.70 1,704.90 1,754.00 1,803.10

43,196.00 44,480.00 45,761.00 47,042.00

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 5.2.1 – 2005 SNA – operative 01/09/05 Clause 5.2.1 – rates inc-operative 01/09/05

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5.2.2

Four Year Trained Teachers who have obtained: (a)

an Approved masters or doctoral degree; or

(b)

2 Approved degrees, of a recognised University or Universities shall in the ninth and subsequent years of service be paid the following minimum salaries: 1,803.10

5.2.3

47,042.00

Progression (a)

A 4 Year trained Teacher shall be appointed at Band 2 Step 1.

(b)

A Teacher admitted to the service as a 4 Year trained Teacher who has an Approved bachelor's degree with first and second degree honours from a recognised University plus one Year of Teacher education or 2 Approved degrees from a recognised university plus one Year of Teacher education shall commence on the salary prescribed for Step 2.

(c)

Except as otherwise provided by this Award, progression from one salary Step to a higher salary Step shall be by annual increment up to a maximum salary of Band 3.

NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the VicePresident.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. 5.3

Review

5.3.1

Any anomalies which may arise from the application of clauses 5.1 and 5.2 shall in the first instance be the subject of negotiation between the relevant parties.

5.3.2

Where an agreement cannot be reached on the rectification of an anomaly, the matter will be processed through the grievance and dispute settling procedure in clause 3.2.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 5.2.2 – 2005 SNA – operative 01/09/05 Clause 5.2.2 – rates inc-operative 01/09/05

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5.4

Advanced Skills Teacher

5.4.1

Eligibility - A Teacher shall be eligible for an Advanced Skills Teacher Level 1 (AST 1) classification upon completion of one year's satisfactory service on Band 3 Step 4. Prior access is open to 4 Year trained Teachers who have translocated to Band 3 Step 4 as of 1 December 1990 as a result of the transition provisions in the decision in R27-2 of 1989 reported in 136 QGIG 65.

5.4.2

Method (a)

A Teacher shall be eligible for appointment to the AST 1 classification upon validation of a minimum prescribed number of criteria as agreed to by the employing authority and industrial organization and as set out in schedules 1, 2 and 3 of the Award.

(b)

Selection Criteria Guidelines as set out in clause (1) of Schedule 2 apply to all schools not specifically identified in any of the clauses in Schedule 2.

5.4.3

Mechanism - The determination as to whether a Teacher progresses to the AST 1 classification shall be by panel mechanism as agreed to by the employing authorities and the Union with the final decision resting with the employing authority.

5.4.4

Remuneration (a)

An AST1 shall be paid an allowance at the rate of $1,698.00 per annum, and such allowance shall be payable for all purposes of the Award.

(b)

excepting as to Moderation Allowances prescribed in clause 5.6.2, this allowance is not required to be paid in addition to other allowances such as Subject Coordinator (clause 5.6.1) or to non-award payments otherwise made by the employer and attributable to teaching duties.

5.4.5

Portability - A Teacher achieving an AST 1 classification may be appointed as such by the employing authority at future engagements within the private sector and on the appointment from the public teaching service in the State of Queensland.

5.4.6

Appointments to AST1 shall be for a limited tenure of 5 years and may be renewable and an appraisal system, as agreed between the parties shall apply during the period of tenure.

5.4.7

Entitlement - A Teacher must be paid the appropriate allowance from the date of appointment though where appropriate the employing authority at its discretion may choose to pay the Teacher from the date of recommendation.

5.4.8

Additional Duties - An AST 1 may be required to perform additional duties. Any relevant additional duties should be done by way of consultation with appropriate discounting of normal duties. This should not be applied as to undermine the basic role of the AST 1.

5.4.9

Notwithstanding the provisions of clause 5.4, a Teacher will not be entitled to receive both the allowance for AST and an allowance or remuneration for a position of added responsibility as prescribed by a Schedule to this Award.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 5.4.4 – 2005 SNA – operative 01/09/05 Clause 5.4.9 – inserted – operative 30/06/05

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5.5

Salary increments

Subject to satisfactory conduct, diligence, and efficiency, a Teacher shall receive annual increments in salary according to the scale of salaries applicable until the Teacher receives the maximum salary for which the Teacher is eligible under this Award. 5.6 5.6.1

Allowances Subject co-ordinator allowance (a)

The provisions of clause 5.6.1 shall only apply to schools where the enrolment in Secondary classes exceeds 300 pupils.

(b)

A Teacher appointed by the employer as a Subject Co-ordinator will be paid an allowance as follows:

(c) 5.6.2

Where the subject or subject area concerned occupies at least 49 hours in the weekly teaching programme at the school, and at least 4 Teachers are engaged in teaching such subject or subject area, the allowance shall be $131.40 per fortnight ($3,428.00 per annum).

(ii)

Where the subject or subject area concerned occupies at least 16 hours in the weekly teaching programme at the school, the allowance shall be $66.10 per fortnight ($1,725.00 per annum).

Clause 5.6.1 will not apply to a Teacher where that Teacher is excluded by the provisions of a Schedule to this Award.

Moderation allowance (a)

(b)

5.6.3

(i)

A Teacher who performs moderation duties and is responsible to a district moderation meeting for the assessment of a subject (or subject area) for years 10, 11 or 12 shall be paid an allowance as follows: (i)

Where the Teacher is responsible for 3 or more Teachers (including the Teacher receiving the allowance) in the subject area, $19.40 per fortnight ($506.00 per annum).

(ii)

Where the Teacher is responsible for 2 or more Teachers (including the Teacher receiving the allowance) in the subject area, $13.10 per fortnight ($342.00 per annum).

The allowances prescribed by clause 5.6.2(a) will not be paid to a Teacher who is in receipt of a Subject Co-ordinators allowance as prescribed by clause 5.6.1 or to a Teacher who is excluded by the provisions of a Schedule to this Award.

Northern Allowance (a)

Teachers employed in the Northern Division of the State who are not provided by their employers with free board and lodgings shall be paid an allowance at the rate of $5.05 per fortnight ($132 per annum) in addition to the salaries prescribed by this Award.

(b)

The Northern Division shall comprise all that portion of the State north of the 21st parallel of South Latitude.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 5.6.1 & 5.6.2 – 2005 SNA – operative 01/09/05 Clause 5.6.1(c) inserted & Clause 5.6.2(b) replaced – operative 30/06/05

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5.7 5.7.1

5.8

Payment of salaries Except where otherwise mutually agreed between the employer and the majority of employees, payment of salaries shall be made fortnightly. Occupational superannuation

5.8.1

Application - In addition to the rates of pay prescribed by this Award, eligible employees, as defined in clause 5.8.3(b), shall be entitled to Occupational Superannuation Benefits, subject to the provisions of clause 5.8.

5.8.2

Contributions: (a)

Amount - As from 1 January 2005 every employer shall contribute on behalf of each eligible employee an amount calculated at 9% of the employee's ordinary time earnings, into an approved fund, as defined in this clause. Each such payment of contributions shall be rounded off to the nearest ten (10) cents: Provided that where an employee is absent and is receiving by way of workers' compensation an amount of money no less than the award rate of pay the contribution shall be calculated at 3%.

(b)

Regular Payment - The employer shall pay such contributions to the credit of each such employee at least once each calendar month or in accordance with the requirements of the Approved Fund Trust Deed.

(c)

Minimum level of earnings - As from 1 January 2005 no employer shall be required to pay superannuation contributions on behalf of any eligible employee in respect of any month during which the employee's ordinary time earnings, as defined, is less than $450.00.

(d)

Absences from work - Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers' compensation.

(e)

Other Contributions - Nothing in clause 5.8 shall preclude an employee from making contributions to a Fund in accordance with the provisions of the trust deed of the fund.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clauses 5.8.2(a), (c) & (d) – replaced – operative 01/01/05

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5.8.3

(f)

Cessation of Contributions - An employer shall not be required to make any further contributions on behalf on an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(g)

No Other Deductions - No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with the Fund other than the remission of contributions as prescribed herein.

Definitions: (a)

"Approved Fund" means a Fund approved for the purposes of this Award by the Commission as one to which Occupational Superannuation contributions may be made by an employer on behalf of an employee, as required by this Award. Such approved Fund may be individually named or may be identified by naming a particular class or category.

(b)

"Eligible employee" means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a minimum of 50 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with clause 5.8.2 effective from the commencement of that qualifying period.

(c)

"Fund" means a superannuation fund satisfying the Commonwealth legislation for occupation superannuation funds as amended from time to time.

(d)

"Ordinary time earnings" means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift loading, skill allowances and supervisory allowances where applicable. The term includes any over-award payment as well as casual rates received for ordinary hours of work. Ordinary time earnings shall not include overtime, disability allowances, commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

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5.8.4

An Approved Fund shall be: (a)

The Queensland Independent Education and Care Superannuation Trust.

(b)

Sunsuper.

(c)

In the case of the Presbyterian and Methodist Schools Association either the AMP Occupational Superannuation Fund or Sunsuper as chosen by each eligible employee.

(d)

In the case of Schools established under the Grammar Schools Act 1975-1984, a Fund Approved by the Governor-in-Council in terms of section 19 of that Act.

(e)

Any named Fund as is agreed to between the relevant employer/Union parties to this Award and as recorded in an Approved Industrial Agreement.

(f)

In the case of a minority group of employees of a particular employer, any Industry, Multi-Industry or other Fund which has been approved in an Award or an Agreement approved by an Industrial Tribunal whether State or Federal jurisdiction and already had practical application to the majority of Award employees of that employer.

(g)

As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the Act and are employed by an employer who also belongs to that fellowship any Fund nominated by the employer and approved by the Brethren.

(h)

Any Fund agreed between an employer and an employee who holds a Certificate issued pursuant to section 115 of the Act where membership of a Fund cited in an Award would be in conflict with the conscientious beliefs of that employee in terms of section 115.

(i)

In relation to any particular employer, any other established Fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.8.2 on behalf of at least a significant number of that employer's employees covered by this Award as at 29 September 1989 and continues to make such contribution.

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5.8.5

5.8.6

Challenge of a Fund (a)

An eligible employee being a member or a potential member of a Fund, as well as the Union, may by notification of a dispute challenge a Fund on the grounds that it does not meet the requirements of clause 5.8.

(b)

Notwithstanding that the Commission determines that a particular Fund does not meet the requirements of clause 5.8, the Commission may in its discretion and subject to any recommendation, direction or order it may make, recognise any or all of the contributions previously made to that Fund as having met the requirements or part thereof of clause 5.8 up to and including the date of that determination.

(c)

In the event of any dispute over whether any Fund complies with the requirements of clause 5.8, the onus of proof shall rest upon the employer.

Fund Selection: (a)

No employer shall be required to make or be prevented from making, at any one time, contributions into more than one Approved Fund. Such Fund, other than a Fund referred to in clause 5.8.4(f), (g), (h) and (i), shall be determined by a majority decision of employees.

(b)

Employees to whom these provisions apply, who as at the date of this amendment are members of an established Fund covered by clause 5.8.4(g) shall have the right by majority decision to choose to have the contributions specified in clause 5.8.2 paid into a Fund as provided for elsewhere in clause 5.8.4 in lieu of the established Fund to which clause 5.8.4(g) has application.

(c)

The initial selection of a Fund recognised in clause 5.8.4 shall not preclude a subsequent decision by the majority of employees in favour of another Fund recognised under clause 5.8.4 where the long term performance of the Fund is clearly disappointing.

(d)

Where the provisions of clause 5.8.6(c) have been utilised and as a result another Approved Fund is determined, access to a further re-appraisal of the Fund for the purpose of favouring yet another Fund shall not be available until a period of 3 years has elapsed after that utilisation of the provision in clause 5.8.6(c).

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5.8.7

Enrolment: (a)

Each employer to whom clause 5.8 applies shall as soon as practicable as to both current and future eligible employees: (i)

Notify each employee of the employees entitlement to Occupational Superannuation.

(ii)

Consult as may be necessary to facilitate the selection by employees of an appropriate Fund within the meaning of clause 5.8.4.

(iii) Take all reasonable steps to ensure that upon the determination of an appropriate Fund, each eligible employee receives, completes, signs and returns the necessary application forms provided by the employer, to enable that employee to become a member of the Fund; and (iv) Submit all completed application forms and any other relevant material to the Trustees of the Fund. (b)

(c)

Each employee upon becoming eligible to become a member of a Fund determined in accordance with clause 5.8 shall: (i)

complete and sign the necessary application forms to enable that employee to become a member of that Fund; and

(ii)

return such forms to the employer within 28 days of receipt in order to be entitled to the benefit of the contributions prescribed in clause 5.8.2.

Where an employer has complied with the requirements of clause 5.8.7(a) and an eligible employee fails to complete, sign and return the application form within 28 days of the receipt by the employee of that form, then that employer shall: (i)

Advise an eligible employee in writing of the non-receipt of the application form and further advise the eligible employee that continuing failure to complete, sign and return such form within 14 days could jeopardise the employee's entitlement to the Occupational Superannuation benefit prescribed by clause 5.8.

(ii)

In the event that an eligible employee fails to complete, sign and return such application form within the specified period of 14 days be under no obligation to make any Occupational Superannuation contributions in respect of such eligible employee excepting as from any subsequent date from which completed and signed application form is received by the employer.

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(d)

5.8.8

(iii)

In the event that an eligible employee fails to return a completed and signed application form within a period of 6 months from the date of the original request by the employer, again advise that eligible employee in writing of the entitlement and that the receipt by the employer of a completed and signed application form is a pre-requisite to the payment of any Occupational Superannuation contributions.

(iv)

At the same time as advising the eligible employee pursuant to clause 5.8.7(c)(iii) submit both to the Chief Inspector, Brisbane and to the Secretary of the Union a copy of each letter forwarded by the employer to the eligible employee pursuant to clauses 5.8.7(c)(i) and 5.8.7(c)(iii).

Where an employer fails to provide an eligible employee with an application form in accordance with clause 5.8.7(a)(iii) the employer shall be obliged to make contributions as from the date of operation of clause 5.8 or from the date an employee became an "eligible employee" if that occurs thereafter provided that an eligible employee completes, signs and returns to the employer an application form within 28 days of being provided with the application form by the employer. Where an eligible employee fails to complete, sign and return an application form within such period of 28 days the provisions of clause 5.8.7(c) shall apply.

Unpaid Contributions

Subject to chapter 11, Part 2, Division 5 of the Act and to clause 5.8.5, where the discretion of the Commission has been exercised, should it be established that the employer has failed to comply with the requirements of clause 5.8.2 in respect of any eligible employee such employer shall be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the relevant Approved Fund, or as necessary a Fund to be determined by the Commission under clause 5.8.4, had they been paid on the due dates. The making of such contributions satisfies the requirements of clause 5.8 excepting that resort to the provisions of clause 5.8.8 shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of a relevant Fund. 5.8.9

Exemptions:

An employer may apply to the Commission for exemption from all or any of the provisions of clause 5.8 in the following circumstances:

5.9

(a)

Incapacity to pay the costs associated with its implementation, or

(b)

Any special or compelling circumstances peculiar to the business of the employer.

Specific employers

5.9.1

Notwithstanding the provisions of clauses 5.1, 5.2 and 6.2, employees of Catholic Education employing authorities will be paid, as a minimum, the rates prescribed by Schedule 19.

5.9.2

Notwithstanding the provisions of clauses 5.1, 5.2 and 6.2, employees of Anglican Employing Authorities will be paid, as a minimum, the rates prescribed by Schedule 20.

5.9.3

Notwithstanding the provisions of clauses 5.1, 5.2 and 6.2, employees of Lutheran Schools will be paid, as a minimum, the rates prescribed by Schedule 21.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clauses 5.9.2 & 5.9.3– inserted – operative 22/03/06 Clause 5.9.1 – inserted – operative 20/2/06

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PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 6.1.1

Hours of work Secondary Schools

The ordinary hours of Duty for Teachers in Secondary Schools and in the Secondary Department of Primary Schools shall not exceed 30 per week of which, in the case of non-Resident Teachers, not more than one-third shall be performed before 9 a.m. and after 5 p.m. 6.1.2

Primary Schools (a)

The ordinary hours of Duty for Teachers in Primary Schools shall not exceed 27 1/2 per week.

(b)

Teachers shall be on Duty 15 minutes before the morning assembly and shall remain on Duty until the time of dismissal of the school for the day.

(c)

Principals may assign to members of their staff duties requiring their attendance until a time not later than 30 minutes after the time of dismissal of the school for the day: Provided that such duties shall be allocated, when practicable, on a roster basis.

6.1.3

6.1.4

6.2

Resident Teachers (a)

Notwithstanding the provisions of clauses 6.1.1 and 6.1.2 a Resident Teacher who is engaged as a full-time Teacher in the same school to which the boarding establishment is attached may be required to spend not more than 10 hours per week in resident duties as herein defined. These hours of Duty shall be in exchange for the Resident Teacher's board and residence.

(b)

By mutual agreement between the employee and the school authority the hours of resident Duty of Resident Teachers may be averaged over one term.

Clause 6.1 will not apply to a Teacher where that Teacher is excluded by the provisions of a Schedule to this Award. Overtime

6.2.1

A non-Resident Teacher or a Resident Teacher required to work in excess of 30 hours per week or 40 hours per week in a Secondary School and 27.5 hours per week or 37.5 hours per week in a Primary School, as the case may be, shall be paid at the rate of $14.38 per hour for the extra time so worked.

6.2.2

Clause 6.2 will not apply to a Teacher where that Teacher is excluded by the provisions of a Schedule to this Award.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 6.1.4 inserted & Clause 6.2 replaced – operative 30/06/05

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PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1

Proportion of salary

7.1.1

A Teacher upon appointment shall be paid as from the date upon which the Teacher commenced Duty, provided that a Teacher who has taught (or has been granted leave by the school) for each day of the school year at the particular school shall be paid as for a full calendar year commencing on 1st January. A Teacher who ceases Duty before completing 10 teaching weeks of employment shall be paid in lieu of vacation pay an amount equal to 1/12th of their ordinary pay for the period of employment.

7.1.2

A Teacher who ceases Duty after at least 10 teaching weeks of employment shall be paid the proportion of the Teacher's annual salary of that year that the Teacher's service excluding school vacations bears to a standard school year: Provided that such proportion of salary shall be calculated on the salary which the employee was receiving immediately before cessation of employment.

7.1.3

7.2

A standard year shall be deemed for the purposes of clause 7.1 to be 40 weeks in a Secondary School and 40 weeks in the Secondary Department of a Primary School and 42 weeks in a Primary School excluding the Secondary Department. Annual leave loading

7.2.1

A Teacher who has taught (or has been granted leave by the school) for each day of the school year at the particular school shall receive an annual leave loading equivalent to 17.5% of 4 weeks' salary calculated upon the salary which such employee was receiving immediately before commencing the midsummer vacation.

7.2.2

A Teacher who commences employment after the beginning of a school year and: (a)

has actually taught for at least 20 weeks; or

(b)

has taught for at least a full school term and who teaches to the end of the school year,

shall be paid the proportion of the annual leave loading prescribed in clause 7.2.1 that the Teacher's service (excluding school vacations) bears to a standard school year. 7.2.3

A Teacher who resigns, having given the prescribed notice in writing, or whose services are terminated by the employer for some reason or reasons other than misconduct and who has taught for at least the full first school term shall be paid the proportion of the annual leave loading prescribed in clause 7.2.1 that the Teacher's service (excluding school vacations) bears to a standard school year: Provided that such loading shall be calculated upon salary which the employee was receiving immediately before cessation of employment.

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7.2.4

The full amount of the abovementioned annual leave loadings shall be paid to the Teacher at the commencement of the midsummer vacation or prior date of cessation of employment.

7.2.5

A standard year shall be deemed for the purposes of clause 7.2 to be 40 weeks in a Secondary School and forty weeks in the Secondary Department of a Primary School and 42 weeks in a Primary School excluding the Secondary Department.

7.2.6

For the purposes of clause 7.2, salaries shall be regarded as including allowances prescribed by clause 5.6.

7.3 7.3.1

7.3.2

Sick leave Entitlement (a)

Every employee, except casuals, is entitled to 8 days' sick leave for each completed year of their employment with their employer.

(b)

This entitlement will accrue at the rate of one day's sick leave after each 6 weeks of employment.

(c)

Payment for sick leave will be made based on the ordinary number of hours that would have been worked by the employee if the employee were not absent on sick leave.

(d)

Sick leave may be taken for part of a day.

(e)

Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than 13 weeks' absence from work through illness in any one year.

(f)

Part-time employees accrue sick leave on a proportional basis.

Employee must give notice

The payment of sick leave is subject to the employee promptly advising the employer of the employee's absence due to illness and its expected duration. 7.3.3

Evidence supporting a claim

When the employee's absence is for more than 2 days the employee is required to give the employer a doctor's certificate or other reasonably acceptable evidence about the nature and approximate duration of the illness.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 7.9-inserted-operative 15/09/05

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7.3.4

Accumulated sick leave

An employee's accumulated sick leave entitlements are preserved when: (a)

The employee is absent from work on unpaid leave granted by the employer;

(b)

The employer or employee terminates the employee's employment and the employee is re-employed within 3 months; or

(c)

The employee's employment is terminated because of illness or injury and the employee is re-employed by the same employer without having been employed in the interim.

The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.3.5

Workers' compensation

Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave. 7.4

Family leave

The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.4.1

7.4.2

It is to be noted that: (a)

part-time work can be performed by agreement in the circumstances specified in the Family Leave Award;

(b)

a copy of the Family Leave Award is required to be displayed in accordance with section 697 of the Act.

The Family Leave Award also provides for the terms and conditions of leave associated with: (a)

Maternity leave

(b)

Parental leave

(c)

Adoption leave

(d)

Special responsibility leave for the care and support of the employee's immediate family or household.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 7.9-inserted-operative 15/09/05

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7.5 7.5.1

Bereavement leave Full-time and part-time employees

Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.5.2

7.5.3

7.5.4

Long-term casual employees (a)

A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person's immediate family or household in Australia.

(b)

a "long-term casual employee" is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.5.2.

"Immediate family" includes: (a)

a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b)

a child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

Unpaid leave

An employee with the consent of the employer, may apply for unpaid leave when a member of the employee's immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.6

Long service leave

All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 7.9-inserted-operative 15/09/05

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7.7

Leave without pay

7.7.1

Any Teacher who is granted leave of absence without pay to obtain further experience, training, or qualifications, or who is granted special leave (e.g. Family leave) shall not lose continuity of service for salary, sick and long service leave purposes.

7.7.2

The period of leave shall not by reason only of clause 7.7 be taken into account in calculating the period of service of the employee.

7.8

Public holidays

7.8.1

An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.

7.8.2

All work done by any employee on: -

the 1st January; the 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; the 25th April (Anzac Day); Labour Day; The Birthday of the Sovereign; Christmas Day; Boxing Day; or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours. 7.8.3

Double time and a-half

For the purposes of clause 7.8, where the rate of wages is a weekly rate, "double time and a-half" means one and one half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 7.8.4

Work done on any other holiday shall not be deemed overtime or be paid for at an increased rate.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 7.9-inserted-operative 15/09/05

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7.8.5

Annual show

All work done by an employee in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes. 7.9

Jury Service

An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service. Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 7.9-inserted-operative 15/09/05

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PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 - TRAINING AND RELATED MATTERS 9.1 9.1.1

9.2

Training The parties to this Award recognise that in order to increase the efficiency and productivity of the enterprise and also the national and international competitiveness of the industries covered by this Award, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to: (a)

developing a more highly skilled and flexible workforce;

(b)

providing employees with career opportunities through appropriate training to acquire additional skills; and

(c)

removing barriers to the use of skills acquired.

Induction

9.2.1

A Teacher in their first year of experience shall participate in an induction process of one year's duration, provided that in certain circumstances the Teacher and the employer may agree that the Teacher should participate in the induction process for a further year.

9.2.2

The induction process shall be determined by the employer or the Principal in consultation with the Teacher to assist the Teacher's professional development which shall be reviewed regularly throughout the year.

9.2.3

The employer shall provide a written statement to the Teacher outlining the Teacher's progress and development. Where viewed as practical by the employer this shall be provided no later than 4 weeks before the end of the school year and in any event not later than the submission of reports to the Board of Teacher Registration. Such a statement may for part of a Teacher's portfolio pursuant to clause 9.3.

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9.3

Teacher portfolio

A Teacher may request and be given from time to time by the employer and the Principal appropriate documentation as evidence of the Teacher's professional development, in respect of attendance at significant training courses, and experience. These documents may, if the Teacher wishes, form a portfolio which will remain the property of the Teacher. PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Text books Such text books as the headmaster/headmistress or principal considers necessary shall be provided by the school, but shall remain the property of the school. PART 11 - AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1

11.1.2

Authorised industrial officer (a)

An "Authorised industrial officer" is any Union official holding a current authority issued by the Industrial Registrar.

(b)

Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union.

Entry procedure (a)

The authorised industrial officer is entitled to enter the workplace during normal business hours as long as: (i)

the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and

(ii)

shows their authorisation upon request.

(b)

Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the employer or other person in charge is absent.

(c)

A person must not obstruct or hinder any authorised industrial officer exercising their right of entry.

(d)

If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a trespasser.

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11.1.3

Inspection of records (a)

An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act.

(b)

An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee: (i)

is ineligible to become a member of the Union; or

(ii)

is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or

(iii) has made a written request to the employer that the employee does not want that employee's record inspected.

11.1.4

(c)

The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

(d)

A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by an authorised industrial officer.

Discussions with employees

An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:

11.1.5

(a)

matters under the Act during working or non-working time; and

(b)

any other matter with a member or employee eligible to become a member of the Union, during non-working time.

Conduct

An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry.

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11.2 Time and wages record 11.2.1

11.2.2

An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period for each employee, including apprentices and trainees: (a)

the employee's award classification;

(b)

the employer's full name;

(c)

the name of the award under which the employee is working;

(d)

the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks;

(e)

a weekly, daily or hourly wage rate - details of the wage rate for each week, day, or hour at which the employee is paid;

(f)

the gross and net wages paid to the employee;

(g)

details of any deductions made from the wages; and

(h)

contributions made by the employer to a superannuation fund.

The time and wages record must also contain: (a)

the employee's full name and address;

(b)

the employee's date of birth;

(c)

details of sick leave credited or approved, and sick leave payments to the employee;

(d)

the date when the employee became an employee of the employer;

(e)

if appropriate, the date when the employee ceased employment with the employer; and

(f)

if a casual employee's entitlement to long service leave is worked out under section 47 of the Act - the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.

11.2.3

The employer must keep the record for 6 years.

11.2.4

Such records shall be open to inspection during the employer's business hours by an inspector of the Department of Industrial Relations, in accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act.

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11.3 Union encouragement Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of an organisation of employees that has the right to represent the industrial interests of the employees concerned. 11.3.1

Documentation to be provided by employer

At the point of engagement, an employer to whom this Award applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a Union encouragement clause in this Award. 11.3.2

Union delegates

Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3

Deduction of Union fees

Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer, their desire to have such membership fees deducted from their wages. 11.4 Trade Union training leave 11.4.1

Upon written application by a Teacher to an employer such application being endorsed by the Union and giving to the employer at least 2 months' notice, such Teacher shall be granted up to 3 working days leave (non-cumulative) on ordinary pay to attend courses and seminars conducted by the Union. For the purposes of clause 10.4 "ordinary pay" means at the ordinary fortnightly rate paid to the Teacher exclusive of any allowance for travelling time and fares.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 11.4.1-replaced-operative 19/12/05

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11.4.2

The granting of such leave shall be subject to the following conditions: (a)

A Teacher must have at least 2 years' uninterrupted service with the employer prior to such leave being granted.

(b)

Clause 10.4 shall not apply to an employer with less than 10 full-time Teachers bound by this Award.

(c)

The maximum number of Teachers of one and the same employer attending a course or seminar at the same time shall be as follows: Where the employer employs between 10 and 30 Teachers

1

Where the employer employs more than 30 Teachers

2

Provided that where the employer has more than one place of employment in Queensland, then the formula shall apply to the number of Teachers employed in or from each place of employment. (d)

The granting of such leave shall be subject to the reasonable convenience of the employer so that the operations of the employer will not be unduly affected.

(e)

No Teacher shall be granted leave exceeding the duration of the course or seminar to be attended.

(f)

No Teacher shall be granted a second or subsequent period of leave prior to the expiration of 3 years from the date of commencement of the last period of such leave granted by the employer.

(g)

The scope, content and level of the course or seminar shall be such as to contribute to a better understanding of industrial relations within the employer's operations, and in particular, a better understanding of the Award and Industrial Agreements and industrial issues impinging upon the professional life of Teachers in the non-government sector.

(h)

In granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the Teacher.

(i)

Such paid leave will not affect other leave granted to Teachers under this Award.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 11.4.2-amended-operative 19/12/05

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SCHEDULE 1 (Form of Certificate) TEACHERS' AWARD-NON - GOVERNMENTAL SCHOOLS I,

, Industrial Magistrate at ,

hereby certify that has satisfied me at a personal interview at which no other person was present that he wished to teach at * purely from religious motives. This certificate shall be operative from the day of , 20 .

day of

, 20 , to the

Industrial Magistrate. Dated this

day of

, 20 .

* Insert name of school.

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

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SCHEDULE 2 Advanced Skills Teacher - Level 1 (AST 1) Selection Criteria Guidelines (1)

GRAMMAR SCHOOLS IDENTIFIED IN SCHEDULE 2

AND

OTHER

SCHOOLS

NOT

SPECIFICALLY

(A) General Criteria (These should be read in conjunction with the specific criteria for AST 1) The evaluation in clause 5.4 of the Award will be provided with selection guidelines outlined in this Schedule to ensure consistency in the interpretation of the selection criteria. (i)

Commitment to the ideals and objectives of the non-government school sector and the employing authority To satisfy this criterion the applicant shall show: *

commitment to the promotion, development and advancement of the nongovernmental school sector;

*

commitment to the aims, objectives and practices of the school or system;

* a basic knowledge of current government policy and non-government school policies in education. (ii)

Skills in effective classroom teaching practices and in reporting and evaluating student progress To satisfy this criterion the applicant shall demonstrate: *

mastery of the relevant teaching area;

*

effective involvement in reflective and adaptive classroom procedures and teaching strategies in accordance with the aims, objectives and practices of the school or system;

*

ability to establish expectations for students which are clear, challenging and achievable;

*

ability to generate student interest, enthusiasm and motivation;

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*

thorough preparation and purposeful planning;

*

effective classroom management which provides a classroom climate conducive to learning;

*

ability to develop and maintain an effective range of diagnostic and formative assessment procedures to monitor student performance; ability to develop and maintain effective communication with students concerning the student's learning program;

* *

effective use of gender and culturally inclusive teaching practices;

*

provision of assistance to students with specific educational needs.

(iii) Very positive relationships with students and their classes, and effective communication skills when collaborating with parents and other Teachers To satisfy this criterion the applicant shall demonstrate: *

the ability to develop in students an active and constructive attitude to learning which generates mutual respect between Teacher and learner;

*

sensitivity to students' problems and difficulties and capacity to develop strategies to address these needs;

*

the ability to build confidence and self-esteem in a range of students;

*

an awareness of the particular educational needs of different groups of students and the capacity to develop strategies to address these needs;

*

the fostering of classroom dynamics which enable active participation by all students;

*

effective collaboration with other Teachers;

*

effective consultation with and advice to parents as appropriate on individual students and groups of students.

(iv) Ability to develop ideas gained from their own teaching practice and to apply ideas gained from professional development activities to enhance students' learning To satisfy this criterion the applicant shall demonstrate: *

ability to critically reflect on teaching practice and modify it accordingly;

*

ability to keep abreast of content developments in fields of expertise;

*

commitment to personal professional development on a planned and continuing basis;

*

implementation of strategies which were gained from professional development activities.

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(v)

Knowledge of current issues To satisfy this criterion the applicant shall demonstrate: *

an understanding of current issues in education and the educational implications of current trends and developments including those in relevant areas of curriculum and social justice;

*

awareness of the goals and purpose of current trends and developments in education;

*

sensitivity to students' problems and difficulties and capacity to develop strategies to address these needs.

(vi) Contribution to the effective development, implementation and evaluation of programs within the school To satisfy this criterion the applicant shall demonstrate: *

contribution to the organisation, planning and development of curriculum and curriculum programs for classroom use;

*

a willingness to work effectively with school administration and other Teachers in curriculum development;

*

a willingness to research information relevant to curriculum innovation in applicant's teaching area;

*

an ability to contribute to school improvement and decision making processes;

*

knowledge and understanding of, as well as participation in, the development and practical implementation of equal opportunity/social justice strategies and other relevant policy initiatives.

(vii) Access to the 3 AST levels will in general terms, be based on multiple pathways, criterion referenced but with a caveat that the evaluation panel would need to be satisfied that the skills proposed by the applicant are the "skills in use" Years of experience, professional development and involvement in the whole school's process may be a substantive part of consideration by the panel of the applicant's eligibility. As well, the criteria outlined should be directly related to classroom teaching and experience. Building on the provision for a Teacher's portfolio (clause 9.3 of the Award) the portfolio would reflect all aspects of the general criteria referred to above and to the more detailed criteria below. The portfolio would contain if necessary, written references and detailed evidence of the achievement and demonstrate specific skill criteria.

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(B)

Specific Criteria (These must be read in conjunction with the General Criteria guidelines)

An AST 1 Teacher must be able to demonstrate the capacity to meet the following criteria of which (i) to (v) are mandatory: (i)

a commitment to the aims, objectives and practices of the school;

(ii)

skills in effective classroom teaching practices, and in reporting and evaluating student progress;

(iii) very positive relationships with students and their classes and effective communication skills when collaborating with parents and other Teachers; (iv)

a basic knowledge of current government and non-government school policies in education so far as they relate to classroom practice;

(v)

ability to develop ideas gained from their own teaching practice and to apply ideas gained from professional development activities to enhance students' learning;

(vi) awareness of current trends and developments in education in so far as they relate to classroom practices; (vii) contribution to the organisation, planning and development of curriculum and curriculum programs for classroom use; (viii) knowledge of and commitment to the development and implementation of equal opportunity/social justice strategies in the classroom.

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(2)

QUEENSLAND CATHOLIC EDUCATION EMPLOYING AUTHORITIES

(A) Appointment Process. A Validation Panel will be established at the school level. The Validation Panel shall consist of: (i) The Principal or nominee; (ii) A Member elected by staff; (iii) A member selected by the Employing Authority from a pool of persons approved by both the Employing Authority and the Union. The role of the Validation Panel is to evaluate, in accordance with the Guidelines for Validation Panels as agreed between the parties, the supporting evidence produced by an applicant for an AST1 and to make a recommendation based on that evidence to the Employing Authority. Agreed guidelines exist for both Panel members and applicants. A copy of these guidelines will be provided by the Employing Authority on request. Appropriate in-service training shall be provided to both Panel members and applicants as required. Where the Validation Panel recommendation is to not appoint an applicant to an AST1 the applicant is to be advised in writing of the recommendation and those selection criteria not satisfied by the application. (B)

Selection Criteria

A Teacher applying for an AST1 classification shall, to the satisfaction of the Validation Panel, demonstrate advanced skills in all 5 of the general criteria, and specifically the performance indicators detailed for each criteria, as listed in clause (C). An applicant shall be considered to have substantially satisfied the general criteria when evidence is produced relating to the specified performance indicators. The panel must be satisfied that the overall level of attainment in respect of each group of performance indicators, taken together as a whole, satisfies the standard and purpose of the general criteria consistent with the definition of AST contained in this Award. Failure to address all specified performance indicators will not of itself prevent an applicant from satisfying the general criteria and being recommended for the AST1 level. Factors such as: (i)

Lack of opportunity to fulfil certain performance indicators;

(ii)

Evidence of achievement outside of the performance indicators, but within the parameters of the general criteria; or

(iii) Other relevant factors may be taken into account by panels when evaluating applications.

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The measure of attainment for AST1 is 'exemplary'. Therefore the applicant's performance in relation to the criteria/indicators will be a model for other Teachers, will set a high standard and will place the applicant within the upper ranks of the profession. The criteria shall be understood within the framework of the values and ethos of the school/system and shall be evidenced by meeting the performance indicators through substantial and sustained performance. As at 5 March 1996, the general selection criteria apply to the AST1 level. In relation to determination of AST2 and AST3 the same general selection criteria shall apply and further general selection criteria and/or specific performance indicators shall be negotiated by the parties and submitted to the Commission for inclusion in this schedule. (C) Criteria and performance Indicators. The general selection criteria and specific performance indicators are listed below. (a)

Exemplary understanding of, commitment to and demonstrated support for the values of the ethos of the school/system. To satisfy this criterion the applicant shall demonstrate: (i)

an ability and willingness to articulate the implications of the Mission Statement in relation to the school curriculum;

(ii)

an ability and willingness to review and reflect positively upon the Teacher's own teaching practices and the general school education practices in light of the school's current Mission Statement;

(iii) an ability to incorporate the values of the Mission Statement into the school curriculum in line with the demands of good teaching practice; (iv) active support of school worship and liturgy. (b)

Exemplary skills in effective classroom practices, in evaluating and reporting students' progress and in demonstrated positive relationships with students. To satisfy this criterion the applicant shall demonstrate: (i)

substantial involvement in reflective, adaptive and non-discriminatory classroom procedures and teaching strategies;

(ii)

thorough preparation and purposeful planning, contributing to highly effective classroom management which provides a classroom climate conducive to learning;

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(iii) use of a variety of appropriate procedures for assessment of students, evaluation of programs, and appropriate reporting procedures, in keeping with the ethos of the school; (iv) consistent provision of effective assistance to students with specific educational needs; (v) (c)

skills in providing a high level of pastoral care within the classroom.

Exemplary skills in and achievement of personal and professional relationships with parents and the wider community. To satisfy this criterion the applicant shall demonstrate: (i)

the ability to develop climates conducive to healthy interpersonal and social relationships;

(ii)

effective communication practices;

(iii) the capacity to work in partnerships with parents and community organisations; (iv) the development of healthy interactions between school and community. (d)

Proven effective skills of a personal and professional ability to work collaboratively with administration, Teachers and other staff members. To satisfy this criterion the applicant shall demonstrate: (i)

active support for school policy;

(ii)

frequent effective collaboration with colleagues in areas such as planning and evaluation;

(iii) positive support for and collaboration with other Teachers in their professional development; (iv) a significant participation in the organisation, planning and development of the school's curriculum.

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(e)

Proven ability to develop and implement ideas gained from professional activities to enhance students' learning, and to promote organisational development. To satisfy this criterion the applicant shall demonstrate: (i)

the integration of personal and professional life, expertise and a positive outlook in a superior performance within the school;

(ii)

insight into individual student needs, and response to changed circumstances with innovative and well researched practices;

(iii)

implementation of innovative classroom strategies based on the above;

(iv)

the sharing of these teaching/learning experiences with other Teachers.

(D) Appraisal Process Exemplary performance is an integral part of the AST programme and the formative appraisal process supports this. During the period of tenure as an AST1, the Teacher will be subject to a formative appraisal process as outlined in clause 2 (D) of Schedule 2. It is the goal of the parties that the process be conducted annually. As a minimum, however, such a process will be undertaken at least twice in the 5 year period of tenure. The appraisal process is formative in nature and as such its main purpose is to provide supportive and developmental feed back to the individual. Self appraisal underpins this formative appraisal with validation by a person appointed by the school. The following principles govern the formative appraisal process: (i)

Consultation,

(ii)

Self review,

(iii) Validation, (iv) A written document, (v)

Focus on performance based on AST criteria,

(vi) Shared responsibility.

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Based on the above principles, the process for the appraisal shall be as follows: (i)

Consultation shall take place between the AST and the Principal (or nominee) to ensure that both parties understand what is required.

(ii)

The AST shall provide a written self appraisal, based on the Selection Criteria identified at clause (C).

(iii) The AST and the Principal (or nominee) shall develop an agreed process for the validation of the self appraisal. (iv) The Principal (or nominee) validates the appraisal. (v)

Commendations and recommendations may be produced as part of the appraisal process.

(vi) Any documentation produced as part of the appraisal process is the property of the AST and is to be retained by the AST. (vii) Any such documents may be used, at the sole discretion of the AST, in any application or reappointment process. (E)

Grievance Procedures

Where the validation Panel recommendation is not to appoint, then the applicant may appeal to an AST Review Panel. The AST Review Panel shall consist of 4 members drawn from the pool identified in item (iii) of clause (A). If the AST Review Panel endorses the original recommendation of the Validation Panel, no further administrative appeal is allowed. If the AST Review Panel recommends appointment to an AST1, then this recommendation shall be substituted for the original recommendation to the Employing Authority. Where an Employing Authority rejects a recommendation to appoint an AST1, the applicant must be advised in writing. Any grievance arising from the rejection of a recommendation by the Employing Authority may be notified as a dispute in accordance with the Act. (F)

Re-Application

Upon the conclusion of the period of tenure, an AST1 may reapply for the current level, or may apply (if eligible and appropriate) for a higher level of Advanced Skills Teacher. (G) Portability There shall be portability of AST1 positions between Catholic Schools in Queensland.

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(3)

SCHOOL ASSOCIATED WITH THE ANGLICAN DIOCESE OF BRISBANE, FAIRHOLME COLLEGE AND SOMERSET COLLEGE (a)

General - For the purpose of this schedule, an AST (as defined in clause 1..6.2 of the Award) being a Teacher appointed as such who holds no other promoted position, shall satisfy the criteria specified in this schedule as a prerequisite to appointment. Access to the AST 1 level will in general terms, be based on multiple pathways, criterion referenced but with a caveat that the evaluation panel would need to be satisfied that the skills held by the applicant are the skills required for AST 1 position being sought.

(b)

Panel Mechanism - The evaluation panel prescribed in clause 5.4.3 of this Award shall be established at each school respondent to this schedule. The evaluation panel shall be comprised of 3 persons based on the following combination: 1 person selected by the Principal 1 person selected by the applicant 1 independent person acceptable to both the Principal and applicant. All members of the evaluation panel shall be provided with suitable training to ensure competency in performance of Duty and consistency in appraising applicants. The training syllabus shall be agreed between the Principal and members of the school's Working Party. The composition of the evaluation panel may vary from application to application, however, all 3 members shall only be drawn from an appropriately trained pool of evaluators agreed to by the parties.

(c)

Duty of the Applicant - The applicant must apply for the position of AST 1 in the prescribed form. This application shall be accompanied by: (i)

A response to the criteria listed in clause (3)(f);

(ii)

The applicant's portfolio containing current curriculum vitae, professional experience and contributions;

(iii) Professional references.

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(d)

Duty of the Evaluation Panel - Members of the Evaluation Panel shall receive, consider and process applications for the position of AST 1. Wherever possible the applications shall be processed by the evaluation panel within 1 month of receiving the application. Specific duties of the Panel shall be: (i)

Receive applications in the prescribed form.

(ii)

Collect data, check references, conduct interviews and appraise work performance.

(iii) Rate the application based on the criteria specified in clause 3(e) of this schedule. (iv) Prepare a report for the Principal detailing the finding of the Evaluation Panel. A copy of this report to be forwarded to the applicant. Each application must be assessed based on the criteria specified in this schedule and not against each other. (e)

(f)

Duty of the Principal (i)

Upon receipt of a report from the Evaluation Panel, as prescribed in clause (d)(iv), the Principal shall consider the details of the report, call for additional material if deemed necessary and make an arbitrament on the material presented.

(ii)

Should the application be rejected, the Principal shall forward to the applicant reasons for such rejection, and identify areas which require attention before the application can be further considered.

Selective Criteria - Applications for the position of AST 1 will be assessed based on all 7 selection criteria contained herein. In determining whether the above criteria have been met, each applicant must satisfy a substantial number of the indicators listed under each criterion heading.

Criterion 1 "A commitment to the ideals and objectives of the Anglican and independent schools respondent to this schedule". To satisfy this criterion the applicant shall display: *

commitment to the promotion, development and advancement of the nongovernmental school sector.

*

commitment to the aims and objectives of the school.

*

a basic knowledge of current government policy and non-government school policies in education.

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Criterion 2 "Applying skills in effective classroom teaching practices and reporting and evaluating student progress". To satisfy this criterion the applicant shall demonstrate: *

sustained excellence in classroom procedures and teaching strategies in accordance with the aims, objectives and practices of the school.

*

ability to establish expectations for students which are clear, challenging and achievable.

*

ability to generate student interest, enthusiasm and motivation.

*

thorough preparation and purposeful planning.

*

higher level classroom teaching and management skills which provides a classroom climate conducive to learning.

*

ability to develop and maintain accurate, formal assessment procedures to monitor student performance, this includes a working knowledge of B.S.S.S. requirements.

*

proficiency in skills of exemplary teaching.

*

provision of assistance to students with specific educational needs.

*

substantial subject content knowledge and ability to impart that knowledge.

Criterion 3 "Positive relationships with students and effective communication with parents, Teachers and other community members". To satisfy this criterion the applicant shall demonstrate: *

an ability to foster a relationship between Teacher and student.

*

the ability to foster a favourable classroom learning environment based on mutual respect between Teacher and student.

*

the ability to cater for individual student differences and varying ability levels.

*

the ability to supervise, instruct and counsel beginning/less experienced Teachers.

*

awareness of students, educational, cultural and social problems and difficulties and capacity to develop strategies to address these needs.

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*

the ability to encourage confidence and self esteem in students.

*

the ability to encourage student participation.

*

ability to encourage team work among Teachers, command respect from other staff and exhibit leadership skills and initiative.

*

effective consultation with parents.

*

ability to develop and maintain effective communication with students concerning the students learning program.

Criterion 4 "Develop ideas gained from their own teaching practice and apply knowledge gained from professional development activities to enhance student's learning". To satisfy this criterion the applicant shall demonstrate: *

ability to critically evaluate teaching practice and modify accordingly.

*

awareness and selective implementation of content development in fields of expertise.

*

commitment to personal professional development on a planned and continuing basis.

*

Plan, implement and develop innovative Teaching Practices.

Criterion 5 "Knowledge of educational trends and current issues". To satisfy this criterion the applicant shall demonstrate an awareness and selectively apply knowledge of trends and current developments in education.

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Criterion 6 "Contribution to the effective development, implementation and evaluation of programs within the school". To satisfy this criterion the applicant shall demonstrate: *

a willingness to work productively with school administration and other Teachers in curriculum planning development.

*

a willingness to research and develop curriculum innovation in teaching area.

*

a positive contribution to school improvement and decision making processes.

*

knowledge and understanding of, as well as participation in, the development and practical implementation of equal opportunity/social justice strategies and other relevant policy initiatives.

Criterion 7 "Participation in co-curricular Duty and pastoral care.". To satisfy this criterion the applicant shall participate in co-curricular Duty and pastoral care, as detailed in the 'Hours of Duty' Agreement between the industrial organization and Schools respondent to this Schedule of the Award. To effectively satisfy this criteria, the applicant shall: *

actively and effectively contribute to the school's co-curricular Duty program.

*

be actively and effectively involved in the school pastoral care program.

(g)

Application of Criteria - The criteria outlined above shall be directly related to classroom teaching, and the work of the applicant within the school.

(h)

Portfolio - Building on the provisions for a Teacher's portfolio (clause 9.3 of the Award) the portfolio should reflect all aspects of achievement in relation to the criteria listed in clause 3(f).

The portfolio would contain if necessary, written references and detailed evidence of the achievements and demonstrate specific skill criteria.

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ADVANCED SKILLS TEACHER - LEVEL 1 In summary, an AST 1 Teacher must be able to demonstrate the capacity to meet the following criteria: 1.

A commitment to the ideals and objectives of the Anglican and independent schools respondent to this schedule.

2.

Applying skills in effective classroom teaching practices and reporting and evaluating student progress.

3.

Positive relationships with students and effective communication with parents, Teachers and other community members.

4.

Develop ideas gained from their own teaching practice and apply knowledge gained from professional development activities to enhance student's learning.

5.

Knowledge of educational trends and current issues.

6.

Contribution to the effective development, implementation and evaluation of programs within the school.

7.

Participation in co-curricular Duty and pastoral care.

(4) SCHOOLS MEMBERS OF THE PRESBYTERIAN AND METHODISTS SCHOOLS ASSOCIATION In accordance with the provisions of clause 5.4 of the Award, the following shall apply to Teachers employed by The Presbyterian and Methodist Schools Association in regard to the appointment of Advanced Skills Teachers. (A) Selection Criteria An applicant for the position of AST1 will be assessed in relation to all the selection criteria listed in clauses 4(A)(i) to (viii) and will be required to satisfy to an acceptable standard 5 out of 7 of the criteria, with criterion (i) being mandatory. (i)

Consistent with the ethos of the school, a demonstrated and maintained excellence in classroom practice and management including evaluation and reporting of students.

(ii)

Demonstrated positive relationships with students and effective communication skills when dealing with parents.

(iii) Develop ideas gained from their own teaching practice and be able to apply ideas gained from professional development activities to enhance students' learning. (iv) Apply to their teaching the knowledge of current trends and developments in education.

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(v)

Work collaboratively with other Teachers.

(vi) Commitment to the ethos of the school (vii) Contribute positively to the organisation, planning and development of the school's curriculum with the emphasis being on the academic curriculum. (viii) Except with regard to Criterion 1 a Teacher shall not be required to satisfy all elements of the guidelines specified for each criterion. However, the Selection Panel should be satisfied that the Teacher has achieved a standard that is consistent with the intent of the criteria and the definition of AST contained in clause 1.6.2 of the Award. (B)

Selection Panel

Eligibility for appointment to an AST position would be determined by a Selection Panel consisting of: (i)

The Principal or the Principal's nominee;

(ii)

A member of staff elected by the staff;

(iii)

A third person as mutually agreed by the other panel members.

The panel shall report recommendations to the Principal. Where the assessment panel does not recommend the appointment of a Teacher as an AST1, then the Teacher may request details in writing of where they have failed to satisfy the criteria. Where the Principal rejects the recommendation of the panel, the Principal shall indicate to the Teacher the reasons for such rejection and areas where improvement is required. (C) Selection Criteria Guidelines The Selection Panel shall use the following guidelines to assist in assessing whether a Teacher meets the AST selection criteria. (i)

Consistent with the ethos of the school, a demonstrated and sustained excellence in classroom practice and management including evaluation and reporting to students. To satisfy this criterion the applicant should demonstrate: (a)

Ability to establish expectations for students which are clear, challenging and achievable.

(b)

Ability to generate student interest, enthusiasm and motivation.

(c)

Thorough preparation and purposeful planning.

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(ii)

(iii)

(d)

Effective classroom management which provides a classroom climate conducive to learning.

(e)

Use of gender and culturally inclusive teaching practices where applicable.

Demonstrated positive relationships with students and effective communications skills when dealing with parents. To satisfy this criterion the applicant should demonstrate: (a)

The ability to develop in students an active and constructive attitude to learning which generates mutual respect between Teacher and learner.

(b)

The ability to build confidence and self esteem in a wide range of students as a function of general pastoral care.

(c)

An awareness of the particular educational needs of different groups of students and the capacity to develop strategies to meet these needs.

(d)

Ability to maintain effective, communication with students and parents concerning the students learning program.

Develop ideas gained form their own teaching practice and applying ideas gained from professional development activities to enhance student's learning. To satisfy this criterion the applicant should demonstrate: (a)

Ability to critically reflect on teaching practice and modify it accordingly.

(b)

Ability to keep abreast of content developments in fields of expertise.

(c)

Commitment to personal professional development on a planned and continuing basis.

(d)

Implementation of strategies which were gained form professional development activities.

(iv) Knowledge of current issues. To satisfy this criterion the applicant should demonstrate: Showing an understanding of current issues in education and of the educational implications of current trends and developments including those in relevant areas of curriculum and social justice. (v)

Work collaboratively and effectively with other Teachers. To satisfy this criterion the applicant should demonstrate: (a)

Sharing strategies for good classroom practice.

(b)

Modelling approaches to curriculum planning and lesson preparation.

(c)

Working collaboratively and effectively with other Teachers sharing new ideas and solving problems.

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(vi) Commitment to the ethos of the school. To satisfy this criterion the applicant should demonstrate: (a)

An ability and willingness to support the school Mission Statement and challenge practices and behaviours of students that might be seen as contrary to the Mission Statement.

(b)

Active support of school worship and liturgy.

(c)

A sensitivity to developing awareness of religion in the students life.

(d)

Behaviour and attitude presenting a positive role model for students.

(vii) Contribute positively to the organisation, planning and development of the school's curriculum with emphasis on the academic curriculum. To satisfy this criterion the applicant should demonstrate: (a)

An effective and supportive contribution to the development and implementation of effective programs.

(b)

Making positive contributions to the setting of school goals, planning of policy and practice and the evaluation of current practice.

(D) Assessment In lieu of clause 5.4.6 of the Award the following shall apply. An appointment as AST1, including initial tenured period, acknowledges an effective performance assessment process whether annual or by continuing review and not by exception. (5)

SCHOOLS MEMBERS OF THE QUEENSLAND CHAMBER OF COMMERCE AND INDUSTRY LIMITED, INDUSTRIAL ORGANISATION OF EMPLOYERS

Validation Panel: The following Validation Panel will be set up at school level: Membership: -

Principal or nominee;

-

Member elected by staff;

-

Member selected by the Employing Authority from the pool approved by the Employing Authority and the industrial organization.

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Role: The role is a validating one, i.e. the Panel evaluates the supporting evidence produced by the applicant and makes a recommendation to the Employing Authority. Suitable guidelines for both Panel members and applicants as well as in-service training will be provided as required. Grievance Procedures: (a)

If the recommendation to the Employing Authority is not to appoint the Teacher as an AST 1, then the Teacher is to be advised in writing of those criteria which the Teacher failed to satisfy. Any appeal shall be to an Appeals Panel comprising 3 members of the abovementioned pool approved by the Employing Authority and industrial organization. If this Appeals Panel confirms the original recommendation against appointment, no further administrative appeal is allowed.

(b)

If the Employing Authority rejects a recommendation to appoint a Teacher as AST 1, the Teacher must be advised that such is the case. Grievances arising out of a rejection by the Employing Authority may be notified as a dispute in accordance with the provisions of the Act.

Performance Reviews: The following Performance Reviews will take place within the time frame of the appointment: -

formative appraisals - years 1 and 2 - by Principal;

-

re-application appraisals - year 3 - by the panel mechanism.

Formative appraisal is the property of the holder of the AST 1 classification and will not be used by the Employing Authority for re-application appraisal purposes. Selection Criteria: 1.0

A Teacher applying for the AST 1 classification will, to the panel's satisfaction, demonstrate advanced skills in all 5 general criteria listed in clauses 1.0(i) to (v), understood within a framework of the school's/system's values and ethos. This will be evidenced by meeting the performance indicators detailed in clause 2.0 through substantial and sustained performance. (i)

Exemplary commitment to and demonstrated support for the values and ethos of the school/system.

(ii)

Exemplary skills in effective classroom practices, in evaluating and reporting students' progress, and in demonstrated positive relationships with students.

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(iii) Exemplary skills in and achievement of personal and professional relationships with parents and the wider community. (iv) Proven effective skills of a personal and professional ability to work collaboratively with administration, Teachers, and other staff members. (v)

Proven ability to develop and implement ideas gained from professional activities to enhance students' learning and to promote organizational development.

1.1

At present the general selection criteria listed in clause 1.0(i) to (v) apply to the level of AST 1. In relation to determination of AST 2 and 3 the same 5 general selection criteria will apply and further general selection criteria and/or specific performance indicators shall be negotiated by the parties and submitted to the Commission for inclusion in the Schedule.

2.0

Performance Indicators:

The applicant will be considered to have substantially satisfied these general criteria when the Teacher produces evidence relating to the following performance indicators. It is required that the applicant convince the Panel that his/her overall level of attainment in respect of each group of performance indicators taken together substantiate the standard and purpose of the criteria, consistent with the definition of AST as contained in clause 1.6.2 of the Award. Failure to address all performance indicators need not necessarily disqualify a Teacher from validating the criteria and receiving a recommendation for the AST 1 classification. Lack of opportunity to fulfil certain performance indicators or additional evidence of achievement outside the performance indicators but within the parameters of the general criteria or other relevant factors may be taken into account by panels assessing suitability for advancement to this classification. The measurement of attainment for AST 1, is "exemplary". By this it is intended that the Teacher's performance in respect to the criteria/indicators is such as to be a model for other Teachers, setting a high standard, placing the Teacher within the upper ranks of the profession. (i)

Exemplary understanding of, commitment to and demonstrated support for the values and ethos of the school/system To satisfy this criterion the applicant shall demonstrate: (a)

an ability and willingness to articulate the implications of the Mission Statement in relation to the school curriculum;

(b)

an ability and willingness to review and reflect positively upon the Teacher's own teaching practices and the general school educational practices in light of the school's current Mission Statement;

(c)

an ability to incorporate the values of the Mission Statement into the school curriculum in line with the demands of good teaching practice;

(d)

active support of school worship and liturgy.

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(ii)

Exemplary skills in effective classroom practices, in evaluating and reporting students' progress and in demonstrated positive relationships with students To satisfy this criterion the applicant shall demonstrate: (a)

substantial involvement in reflective, adaptive and non-discriminatory classroom procedures and teaching strategies;

(b)

thorough preparation and purposeful planning, contributing to highly effective classroom management which provides a classroom climate conducive to learning;

(c)

use of a variety of appropriate procedures for assessment of students, evaluation of programs, and appropriate reporting procedures, in keeping with the ethos of the school;

(d)

consistent provision of effective assistance to students with specific educational needs;

(e)

skills in providing a high level of pastoral care within the classroom.

(iii) Exemplary skills in and achievement of personal and professional relationships with parents and the wider community To satisfy this criterion the applicant shall demonstrate: (a)

the ability to develop climates conducive to healthy interpersonal and social relationships;

(b)

effective communication practices;

(c)

the capacity to work in partnerships with parents and community organizations;

(d)

the development of healthy interactions between school and community.

(iv) Proven effective skills of a personal and professional ability to work collaboratively with administration, Teachers and other staff members To satisfy this criterion the applicant shall demonstrate: (a)

active support for school policy;

(b)

frequent effective collaboration with colleagues in areas such as planning and evaluation;

(c)

positive support for and collaboration with other Teachers in their professional development;

(d)

a significant participation in the organisation, planning and development of the school's curriculum.

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(v)

Proven ability to develop and implement ideas gained from professional activities to enhance students' learning, and to promote organisational development To satisfy this criterion the applicant will demonstrate that the applicant has: (a)

manifested the integration of personal and professional life, expertise, and a positive outlook in a superior performance within the school;

(b)

shown insight into individual student needs, and responded to changed circumstances with innovative and well researched practices;

(c)

implemented innovative classroom strategies based on the above;

(d)

shared these teaching/learning experiences with other Teachers.

SCHEDULE 3 Transition Arrangements S3.1

The following table shall be used to determine the appropriate salary Step for 3 year trained Teachers at 1 December 1990. Step on Teachers Grade 2 and Grade 3 Scale 30 November 1990 3 4 5 6 7 8 9 10 (less than 12 months service on Step 10)

Step on clause 4(1)

(1 year but less than 2 years service on Step 10) (2 years but less than 5 years service on Step 10) (5 years but less than 10 years service on Step 10) (10 years service or more on Step 10)

Band 2 Step 5

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

1 December 1990 Band 1 Step 1 Band 1 Step 2 Band 1 Step 3 Band 1 Step 4 Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4

Band 3 Step 1 Band 3 Step 2 Band 3 Step 3

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S3.2

From 1 March 1991 a 3 trained Teacher paid in accordance with clause 6(3) of the Teachers' Award - Non-Governmental Schools prior to 1 December 1990 shall transfer to a Step one higher than a 3 Year trained Teacher with the same years of service on Step 10 of the scale contained in clause 6(1) of the Teachers' Award - NonGovernmental Schools prior to 1 December 1990 up to a maximum of Band 3 Step 3: Provided that all service on Step 10 of the scale contained in clause 6(1) of the Teachers' Award - Non-Governmental Schools prior to 1 December 1990, and all service on the additional increment shall be included in calculating the years of service of a 3 Year trained Teacher paid in accordance with the provisions of clause 5(4).

S3.3

For a 3 Year trained Teacher moving to a salary Step no higher than Band 2 Step 5 under the arrangements contained in paragraphs (a) and (b) above, the date at which a Teacher progresses to the next salary Step on the scale shall be the person's existing increment date.

S3.4

For a 3 Year trained Teacher moving to a salary Step on Band 3 under the arrangements contained in paragraph (a) above, the due date for future incremental increases shall be 1 December.

S3.5

Teachers classified as Teachers Grade 2 according to clause 6(2) of the Teachers' Award - Non-Governmental Schools prior to 1 December 1990 shall be deemed to be 3 Year trained Teachers and may progress according to the terms of this Award.

S3.6

The following table shall be used to determine the appropriate salary Step for 4 Year trained Teachers at 1 December 1990.

S3.7

Step on Teachers Grade 4 Scale 30 November 1990 1 2 3 4 5 6 7 8 (less than 12 months service on Step 8)

Step on clause 5(1) 1 December 1990 Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5 Band 3 Step 1 Band 3 Step 2 Band 3 Step 3

(12 months or more service on Step 8)

Band 3 Step 4

The arrangements contained in S3.6 above shall not alter the date at which a Teacher progresses to the next salary Step on the scale.

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SCHEDULE 4 Promotional Positions - Certain Grammar Schools (Girls' Grammar School Brisbane, Ipswich Grammar School, Rockhampton Grammar School and Toowoomba Grammar School) Arrangement of schedule Subject

Clause No.

Part S4.1 - Preliminary Title Coverage Date of operation

S4.1.1 S4.1.2 S4.1.3

Part S4.2 - Terms and conditions of employment Terms and conditions of employment

S4.2.1

Part S4.3 - Definitions, remuneration General definitions Classification definitions Remuneration Progression within the band Assignment of positions

S4.3.1 S4.3.2 S4.3.3 S4.3.4 S4.3.5

Part S4.4 - Miscellaneous Review of positions Pastoral positions Future review of Schedule positions

S4.4.1 S4.4.2 S4.4.3

PART S4.1 - PRELIMINARY S4.1.1

Title

Schedule 4 is known as the Promotional Positions - Certain Grammar Schools (Girls' Grammar School Brisbane, Ipswich Grammar School, Rockhampton Grammar School, and Toowoomba Grammar School) Schedule. S4.1.2

Coverage

Schedule 4 will apply to those employees appointed to promoted positions whose rates of remuneration are fixed by Schedule 4 and to the: * * * *

Girls' Grammar School Brisbane; Ipswich Grammar School; Rockhampton Grammar School; and Toowoomba Grammar School;

as employers in relation to such employees. S4.1.3

Date of operation

Schedule 4 takes effect from 30 June 2005 and replaces the Teachers' Award - Non-Governmental Schools - Promotional Positions - Certain Grammar Schools - Industrial Agreement.

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PART S4.2 - TERMS AND CONDITIONS OF EMPLOYMENT S4.2.1

Terms and conditions of employment

Employees under Schedule 4 will be subject to applicable terms and conditions of employment contained in the Teachers' Award - Non-Governmental Schools 2003 but excluding: * * * *

Clause 6.1 (Hours of work) Clause 6.2 (Overtime) Clause 5.6.1 (Subject Co-ordinators allowance) Clause 5.6.2 (Moderation allowance)

Provided however that clause 6.1 (Hours of work) and clause 6.2 (Overtime) shall apply to positions of Heads of Department and Teacher-in-Charge: Provided further that an employee in receipt of an allowance or remuneration in accordance with this schedule will not be entitled to receive the allowance for AST prescribed in clause 5.4 (Advanced Skills Teacher) of the Award. PART S4.3 - DEFINITIONS, REMUNERATION S4.3.1

General definitions

Administrative positions means the positions of Senior Administrator, Head of Department, Coordinator of Subjects and any other like position as deemed necessary by the Employing Authority for the good governance of the School. S4.3.2

Classification definitions

(a)

Senior Administrator - A Senior Administrator shall be a teacher appointed as such who is responsible for the running of the School in the absence of the Principal. The Senior Administrator may be known as the Deputy Principal or other appropriate designation as determined by the Employing Authority. All schools shall appoint a Senior Administrator: Provided that at least 2 Administrators shall be appointed in schools between 300 - 1,200 students, one of whom shall be responsible for the running of the school in the absence of the Principal, with the second assuming the role of Assistant Principal or equivalent. In schools of greater than 1,200, at least 3 such persons should be appointed.

(b)

Administrative positions - academic (i)

Head of Department - Admin. 3A A Head of Department - Admin. 3A level - shall be a teacher appointed as such in a school where the number of students enrolled in secondary classes exceeds 300 and where:

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(A)

the subject or subjects concerned occupies over 60 hours in the weekly teaching program of the school;

(B)

the teacher has the responsibility for a teaching complement of at least 6 other teachers who are engaged in teaching such subject or subject areas as well as the responsibility for their own specific role as Head of Department. Release Time for a teacher appointed to this classification shall be at the discretion of the Employing Authority, provided that, subject to all relevant circumstances as may pertain in each case and as a guide only, a teacher may be given up to 50% of the full teaching load which is inclusive of the release time normally provided for a full-time classroom teacher.

(ii)

Head of Department - Admin. 3B A Head of Department - Admin. 3B level - shall be a teacher appointed as such where: (A)

the subject or subjects concerned occupies between 49 and 60 hours in the weekly teaching program where the subject concerned is part of a large department consisting of groups of subjects or;

(B)

the subject or subjects concerned occupies between 46 and 60 hours in the weekly teaching program and the teacher has sole charge of the subject or subjects; and

(C)

the teacher has the responsibility for a teaching complement of at least 4 other teachers to a maximum of 6 teachers in the subject or subject areas, as well as the responsibility of their own specific role as Head of Department.

Release time for a teacher appointed to this classification shall be at the discretion of the Employing Authority, providing that subject to all relevant circumstances as may pertain in each case and as a guide only, a teacher may be given up to 45% of the full teaching load which is inclusive of the release time normally provided for a full-time classroom teacher. (iii)

Head of Department - Admin. 2 A Head of Department - Admin. 2 level - shall be a teacher appointed as such where: (A)

the total number of hours allocated in the weekly teaching program is between 32 and 48 hours where the subject concerned is part of a larger department consisting of groups of subjects or;

(B)

the total number of hours allocated in the weekly teaching program is between 32 and 45 hours and the teacher is in sole charge of the teaching area; and

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(C)

where the teacher has the responsibility for a teaching complement of at least 2 other teachers up to a maximum of 4 teachers in the subject or subject areas as well as the responsibility of their own specific role as Head of Department.

Release time for a teacher appointed to this classification shall be at the discretion of the Employing Authority, provided that, subject to all relevant circumstances as may pertain in each case and as a guide only, a teacher may be given up to 35% where the subject is part of a larger department and up to 40% where the teacher is in sole charge of the teaching area. In either case, the aforementioned release time is inclusive of that normally provided for a full-time classroom teacher. (iv)

Teacher-in-Charge - Admin. 1 A Teacher-in-Charge - Admin. 1 level - shall be a teacher appointed as such who is in charge of a weekly teaching program of a subject area or areas which occupies fewer than 32 hours of weekly teaching time or is responsible for at least 1 other teacher in such subject or subject areas. Release time for a Teacher-in-Charge shall be at the discretion of the Employing Authority, provided that, subject to all relevant circumstances as may pertain in each case, and as a guide only, where the subject or subject areas occupies between 16 31 hours, the teacher may be given up to 30% of the full teaching load which is inclusive of the release time normally provided for a full-time classroom teacher.

S4.3.3

Remuneration

Remuneration payable to Administrative Personnel - Senior Administrators, Heads of Department or equivalent - Admin. Levels 3A, 3B and 2 shall be on the basis of salaries set out herein. Remuneration for Teachers in Charge - Admin. Level 1 shall be on the basis of allowances as outlined with such allowances payable for all purposes of the Award. Salaries Classification Level Senior Administrator

Per Fortnight Minimum $

Per Fortnight Maximum $

Per Annum Minimum $

Per Annum Maximum $

2,085.70

2,247.00

54,414

58,623

Note: This is a range classification within which an Employing Authority may establish a single salary or package point or points based on an evaluation of the duties and responsibilities allotted to the particular position.

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Classification Level Head of Department Admin. 3A, 3B Salary upon appointment Salary 2nd step Salary 3rd step Salary 4th step Salary 5th step Admin. 2 Salary upon appointment Salary 2nd step Salary 3rd step Salary 4th step Salary 5th step Teacher-in-Charge Admin. 1 Allowance upon appointment Allowance 2nd year Allowance 3rd year Allowance 4th year Allowance 5th year

Per Fortnight $

Per Annum $

1,907.00 1,947.30 1,987.60 2,027.90 2,068.20

49,752 50,804 51,855 52,906 53,958

1,878.60 1,913.50 1,948.30 1,983.20 2,018.10

49,011 49,922 50,830 51,740 52,651

47.15 70.70 94.30 117.85 141.45

1,230.00 1,845.00 2,460.00 3,075.00 3,690.00

N.B. The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. The allowances provided for Teacher-in Charge Admin. 1 by this schedule have an established relationship with the salary of a Band 3 Step 4 Teacher as prescribed in clause 5.1.2 of this Award and the salary prescribed for the above classifications. Adjustments to these allowances following State Wage determinations will maintain this relativity. S4.3.4

Progression within the band

Schedule 5 is a minimum rates Schedule providing salary/allowance steps available to teachers in promotional positions within a Band, progression within the Band from one salary/allowance step to a higher salary/allowance step shall be by annual increment provided that no teacher shall be entitled to receive any increase in salary/allowance pursuant to this Schedule if the conduct, diligence and general efficiency of such employee shall have been considered unsatisfactory by the Employing Authority.

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S4.3.5

Assignment of positions

The Employing Authority shall have final responsibility for the assignment of positions: The level of positions and types of subjects occupying various levels shall be determined by the Employing Authority, who may, at its discretion consult with the School Advisory Committee. This Committee should consist of appointees of the Employing Authority, together with representatives of the Union who are members of the teaching staff of the school, as well as other representatives from the whole teaching staff. PART S4.4 - MISCELLANEOUS S4.4.1

Review of positions

A review of promotional positions within the School may be conducted once every 3 years. These reviews may be held in conjunction with the School Advisory Committee. Where there is a substantial or rapid change, an application may be made to the Employing Authority to review the position. Where an application to review the position is refused, the applicant may appeal through the disputes process. S4.4.2

Pastoral positions

Teachers undertaking pastoral responsibilities such as year co-ordination or similar responsibilities, may be appointed by the Employing Authority and the teacher may be assigned to one of the 4 levels described in the Administrative Positions/Academic. The duration of such appointments shall be determined by the Employing Authority, who may consult with the School Advisory Committee. S4.4.3

Future review of Schedule position

The parties agree that a review be undertaken at an appropriate time with the review to include such provisions as: * * * * *

the hours allocations and teaching complements attaching to the various positions; the classification structure and remuneration levels; release time; hours of duty; the pastoral positions;

for the purposes of deciding whether the provisions contained in Schedule 4 require future amendment to accommodate changes or re-evaluations within the Grammar School Sector of the Industry.

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SCHEDULE 5 Positions of added responsibility - Brisbane and Townsville Grammar And Ipswich and Rockhampton Girls Grammar Schools Arrangement of Schedule Subject Matter

Clause No.

Part S5.1 - Preliminary Title Coverage Date of operation

S5.1.1 S5.1.2 S5.1.3

Part S5.2 - Terms and Conditions of Employment Terms and conditions of employment

S5.2.1

Part S5.3 - Definitions, Remuneration General definitions Classification definitions Remuneration Assignment of positions Salary packaging

S5.3.1 S5.3.2 S5.3.3 S5.3.4 S5.3.5

Part S5.4 - Miscellaneous Savings

S5.4.1

PART S5.1 - PRELIMINARY S5.1.1

Title

Schedule 5 is known as Positions of added responsibility Brisbane Grammar School, Ipswich Girls' Grammar School, Girls' Grammar School Rockhampton, and Townsville Grammar School Schedule. S5.1.2

Coverage

Schedule 5 shall apply to those employees appointed to positions of added responsibility whose rates of remuneration are fixed by Schedule 5 and to the: * Brisbane Grammar School; * Townsville Grammar School; * Ipswich Girls Grammar School; and * Rockhampton Girls Grammar School as employers in relation to such employees.

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S5.1.3

Date of operation

Schedule 5 takes effect from 30 June 2005 and replaces the Teachers' Award - Non-Governmental Schools Positions Of Added Responsibility - Brisbane and Townsville Grammar and Ipswich And Rockhampton Girls Grammar Schools Industrial Agreement. PART S5.2 - TERMS AND CONDITIONS OF EMPLOYMENT S5.2.1

Terms and conditions of employment

Employees under Schedule 5 shall be subject to applicable terms and conditions of employment contained in the Award but excluding: * * * *

Clause 6.1 (Hours of work) Clause 6.2 (Overtime) Clause 5.6.1 (Subject Co-ordinators allowance) Clause 5.6.2 (Moderation allowance)

Provided however that clause 6.1 (Hours of work) and clause 6.2 (Overtime) shall apply to positions of Heads of Department and Teacher-in-Charge: Provided further that an employee in receipt of an allowance or remuneration in accordance with this schedule shall not be entitled to receive the allowance for AST prescribed in clause 5.4 (Advanced Skills Teacher) of the Award. PART S5.3 - DEFINITIONS, REMUNERATION S5.3.1

General definitions

Positions of added responsibility shall mean the positions of Senior Administrator, Head of Department and Teacher-in-Charge as deemed necessary by the Employing Authority for the good governance of the School. S5.3.2

Classification definitions

(a)

Senior administrator - A Senior Administrator shall be a teacher appointed as such who may be known as Deputy Principal or other appropriate designation as determined by the employing authority.

(b)

Positions of added responsibilities - academic (i)

Head of Department - Level 4 - A Head of Department - Level 4 - shall be a teacher appointed as such in a school where the number of students enrolled in secondary classes exceeds 1000 and where: (A)

the subject or subjects concerned occupies 140 hours or more in the weekly teaching program of the school; and

(B)

the teacher has sole responsibility for management of the subject or subject area.

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Release time for a teacher appointed to this classification shall be 50% of the hours of duty prescribed in clause 6.1 of the Award: Provided that such release time shall be inclusive of time normally provided a teacher for performance of duties other than rostered face to face teaching: Provided further that the total amount of required time does not exceed the maximum set out in clause 6.1 of the Award. (ii)

Head of Department - Level 3 - A Head of Department - Level 3 - shall be a teacher appointed as such in a school where the number of students enrolled in secondary classes exceeds 300 and where: (A)

the subject or subject area concerned occupies 65 and up to 140 hours in the weekly teaching program of the school; and the teacher has sole responsibility for the subject or subject area; or

(B)

the subject or subject area concerned occupies 140 hours or more; and the teacher accepts a shared responsibility for the subject or subject area (i.e. There are Sub-department Heads).

Release time for a teacher appointed to this classification shall be between 45% and 50% of the hours of duty prescribed in clause 6.1 of the Award: Provided that such release time shall be inclusive of time normally provided a teacher for performance of duties other than rostered face to face teaching: Provided further that the total amount of required time does not exceed the maximum set out in clause 6.1 of the Award. (iii)

Head of Department - Level 2 - A Head of Department - Level 2 - shall be a teacher appointed as such where: (A)

the subject or subject area concerned occupies 45 and up to 65 hours in the weekly teaching program; and the teacher accepts sole responsibility for the subject or subject area concerned; or

(B)

the subject or subject area concerned occupies 65 and up to 140 hours; and the teacher accepts a shared responsibility for the subject or subject area. (i.e. There are Sub-department Heads).

Release Time for a teacher appointed to this classification shall be between 35% and 40% of the hours of duty prescribed in clause 6.1 of the Award:

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Provided that such release time shall be inclusive of time normally provided a teacher for performance of duties other than rostered face to face teaching: Provided further that the total amount of required time does not exceed the maximum set out in clause 6.1 of the Award. (iv)

Head of Department - Level 1 - A Head of Department - Level 1 - shall be a teacher appointed as such where the subject or subject area concerned occupies 30 and up to 45 hours in the weekly teaching program. Release time for a teacher appointed to this classification shall be between 30% and 35% of the hours of duty prescribed in clause 6.1 of the Award: Provided that such release time shall be inclusive of time normally provided a teacher for performance of duties other than rostered face to face teaching: Provided further that the total amount of required time does not exceed the maximum set out in clause 6.1 of the Award.

(v)

Teacher-in-Charge - A Teacher-in-Charge - shall be a teacher appointed as such where the subject area or areas concerned occupy fewer than 30 hours of the weekly teaching program and the teacher accepts sole responsibility for the administration of such subject or subject areas. Release time for a Teacher-in-Charge shall, where the subject or subject areas occupies between 16 - 29 hours, shall be up to 30% of the hours of duty prescribed in clause 6.1 of the Award: Provided that such release time shall be inclusive of time normally provided a teacher for performance of duties other than rostered face to face teaching: Provided further that the total amount of required time does not exceed the maximum set out in clause 6.1 of the Award.

S5.3.3

Remuneration

Remuneration payable to positions of added responsibility shall be on the basis of salaries set herein: Provided that an appointee to a position of Head of Department or Teacher-in-Charge, not eligible for salary at the maximum rate prescribed in clause 5.2 of the Award, may be paid an allowance at the rate shown until such time as that rate of salary is achieved: such allowance being payable for all purposes of the Award and Schedule 5. Classification Level Senior Administrator

Per Fortnight Minimum $

Per Fortnight Maximum $

Per Annum Minimum $

Per Annum Maximum $

2,085.70

2,247.00

54,414

58,623

Note: This is a range classification within which an Employing Authority may establish a single salary or package point or points based on an evaluation of the duties and responsibilities allotted to the particular position.

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Classification Level Head of Department Level 4 Level 3 Level 2 Level 1 Teacher-in-Charge

Salary Per Fortnight $

Salary Per Annum $

Allowance Per Fortnight $

Allowance Per Annum $

2,111.50 2,072.30 1,998.30 1,951.10 1,897.20

55,088 54,065 52,134 50,903 49,497

308.60 269.30 195.30 148.20 94.30

8,050 7,027 5,096 3,866 2,460

N.B. The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. The allowances provided by Schedule 5 reflect the difference between the salary of a band 3 Step 4 Teacher as prescribed by clause 5.1.2 of this Award and the salary for the classification set out above. Adjustments to these allowances following State Wage determinations will maintain this relativity. S5.3.4

Assignment of positions

The Employing Authority shall have final responsibility for the assignment of positions. The level of positions and types of subjects occupying various levels shall be determined by the Employing Authority who shall consult with the School Advisory Committee. This Committee shall consist of appointees of the Employing Authority and representatives of the whole of the teaching staff including at least one member of the local chapter of the Union. S5.3.5

Salary Packaging

Notwithstanding any other provision of Schedule 5 a teacher may accept a non-cash benefit in lieu of the salary or allowance contained herein to the extent of 20% of the total remuneration package. Acceptance of such a benefit shall be entirely at the employee's discretion and any agreement in relation thereto shall be committed to writing; and *

have a specified life after which it shall expire unless it is mutually agreed to extend the life of the agreement; and

*

any extension of an agreement shall also be committed to writing and signed by both parties.

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PART S5.4 - MISCELLANEOUS S5.4.1

Savings

The existing conditions and accrued entitlements of the employees, employed as at the coming into effect of this Schedule shall not be reduced as a result thereof.

SCHEDULE 6 Positions of Senior Administration, and Positions of Added Responsibility in Catholic Schools, Queensland S6.1

Coverage

S6.1.1

Schedule 6 will apply to employees of Catholic Education Employing Authorities in Queensland.

S6.1.2

Schedule 6 shall apply to Senior Administration Positions and Positions of Added Responsibility.

S6.1.3

Schedule 6 shall not apply to such persons who are in Holy Orders or are members of a recognised Religious Institute.

Date of operation Schedule 6 takes effect from 30 June 2005. This Schedule replaces the Teachers' Award - NonGovernmental Schools - Positions of Senior Administration, Positions of Added Responsibility in Catholic Schools, Queensland - Industrial Agreement. S6.2

Purposes

S6.2.1

The parties to Schedule 6 recognise that Catholic schools are conducted for the purposes related to the Mission of the Catholic Church in addition to those purposes common to all schools in Queensland.

S6.2.2

It is therefore accepted that the management structures appropriate to Catholic schools will reflect both the nature and ethos or the values that derive from those purposes and take account of different educational needs without prejudice to principles of public accountability and equity.

S6.2.3

Schedule 6 provides Senior Administration Positions and Positions of Added Responsibility in Catholic schools that: (a)

assure quality learning for students;

(b)

provide a satisfactory career path for teachers;

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S6.3

(c)

incorporate a Christian leadership model that is committed to the principle of collegiality and subsidiarity;

(d)

value responsibility for people and for processes;

(e)

support school staff pastorally;

(f)

maintain quality management and accountability;

(g)

contribute positively to the particular ethos of the school;

(h)

are determined in a fair manner; and

(i)

receive just remuneration.

Existing contractual arrangements

S6.3.1

A person currently employed in either a Senior Administration Position or a Position of Added Responsibility with a continuing employment contract for a position which continues to exist, shall be appointed to that continuing position on the terms included in Schedule 6.

S6.3.2

A person employed with assured permanency in a position that continues to exist shall be eligible to continue in that position on the same basis as the previous employment, i.e. permanency in the position is assured: Provided that the employee shall be remunerated within the terms of Schedule 6, and the employer may request and the employee may agree that a new contractual arrangement may be entered into as to continued tenure in the position, i.e. the parties may agree to adjust the permanency into fixed term arrangements.

S6.4 S6.4.1

Definitions Senior administration positions

Senior Administration Positions howsoever designated include all appointments of teachers within the school who provide support to the principal in the senior management of the school. S6.4.2

Positions of added responsibility

(a)

Positions of Added Responsibility include all appointments of teachers within the school designated to provide support to the principal in the overall management of the school specifically in the areas of curriculum, pastoral care and other administrative responsibilities.

(b)

Provided that Senior Administration Positions and Positions of Added Responsibility do not include those positions which would fill a minor co-ordinating role and which attract an allowance payment in accordance with clause 5.6.2 of the Award or any other allowance of less than one point as defined.

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S6.5 S6.5.1

Appointment - secondary schools Senior administration in secondary schools

(a)

Each person who accepts a position of Senior Administration in a secondary school shall be appointed for an initial period for 5 years with a further 5 year appointment subject to a satisfactory performance review at the conclusion of the first 5 years. The review/appraisal process shall be determined by the Employing Authority. That process will be based upon principles outlined in Attachment 1 of Schedule 6.

(b)

After the completion of an appointment period of 10 years, the Employing Authority may at its discretion advertise the position. Subject to a successful application the incumbent shall be appointed in accordance with clause S6.5.1(a).

(c)

After the completion of an appointment period of 10 years and notwithstanding the foregoing clause S6.5.1(b), the Employing Authority may, by mutual agreement with the incumbent and subject to satisfactory appraisal, appoint the incumbent for a period of up to 5 years. At the completion of this agreed period, the Employing Authority will advertise the position. Subject to a successful application the incumbent shall be appointed in accordance with clause S6.5.1(a).

S6.6

Positions of added responsibility in secondary schools

S6.6.1

Each person who accepts a position of Added Responsibility in a Secondary School shall be appointed for an initial period of 3 years. A further 3 year appointment will be made subject to a continued designation of the position and a satisfactory performance review at the conclusion of the first 3 years. The review/appraisal process shall be determined by the Employing Authority. That process will be based upon principles outlined in Attachment 1 of Schedule 6.

S6.6.2

After the completion of an appointment period of 6 years, the Employing Authority may at its discretion advertise the position. Subject to a successful application the incumbent shall be appointed in accordance with clause S6.6.1 of Schedule 6.

S6.6.3

Should an incumbent holding a position resign during a period of the contract, a fixed term contract will be made for the balance of the current triennium. Any subsequent appointment will be made in accordance with clause S6.6.1 of Schedule 6

S6.7 S6.7.1

Appointment - primary schools Senior Administration in primary schools

(a)

Each person who accepts a position of Assistant to the Principal Religious Education or Assistant to the Principal Administration in a Primary school shall be appointed on the same terms and conditions as set out in clause S6.5.

(b)

Each person who accepts a position of Religious Education Co-ordinator in a primary school shall be appointed on the same terms and conditions as set out in clause S6.6.

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S6.8

Termination of employment - primary and secondary

S6.8.1

Both the employee and employer shall have the right to terminate employment in positions occupied in accordance with Schedule 6.

S6.8.2

In the case of a person categorised in accordance with clause S6.5 and clause S6.7.1(a) of Schedule 6, a minimum of 3 months' notice is required by either party.

S6.8.3

In the case of a person categorised in accordance with clause S6.6 and clause S6.7.1(b) of Schedule 6 a minimum of one month's notice is required by either party.

S6.8.4

A person whose position is terminated in accordance with the terms of Schedule 6 shall continue to be employed as a teacher under the terms and conditions of the Award: Provided that, a person who occupies a position whose length of appointment is determined by clause S6.5 or clause S6.7.1 may be required to accept employment with the Employing Authority other than at the school where the previous position was held.

S6.8.5

S6.9

Clause S6.8 shall not apply to any employee dismissed for incompetence, misconduct or neglect of duty who may be summarily dismissed without notice. Allocation of senior administration positions

S6.9.1

Enrolment levels for the purpose of allocation of Senior Administration Positions within bands as outlined in clause S6.13 and clause S6.19 of Schedule 6 shall be those taken from the Commonwealth School Census for the year prior to the operating year.

S6.9.2

Notwithstanding the provisions of clause S6.5 and clause S6.7.1 of Schedule 6, in the event of a decrease below the enrolment required for the allocation of a Senior Administration Position, the position shall continue for that year and for the following year and then shall cease to exist: Provided that the incumbent of the position whose appointment has terminated shall be granted continued employment with the Employing Authority as a teacher.

S6.9.3

S6.10 S6.10.1

Notwithstanding the provisions of clause S6.5 and clause S6.7.1 of this Schedule, in the event of a decrease below or increase above the enrolment required for the current classification of a Senior Administration Position, the classification of the position will continue for that year and shall then be adjusted to the appropriate band at the beginning of the following year. Relationship with the Award All the terms and conditions of the Award and all other Schedules between the parties shall apply to persons covered by Schedule 6 for Positions of Added Responsibility, excepting clauses 1.6.14, 5.6.1and 6.1 and for Senior Administration Positions only, clauses 1.6.6, 1.6.7, 4.3, 4.7, 6.1 and 6.2.

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S6.11

Release time senior administration positions - secondary

S6.11.1

The following table of release time from teaching duties shall apply to Senior Administration Positions in Secondary Schools. The designated figure represents the proportion of the teaching load for which the appointee will be released. The teaching load is based on the maximum contact time in Schedule 9. School Size <300 300-599 600+ 800+

S6.11.2

S6.12

Deputy Principal 0.6 0.7 0.8 0.9

Assistant Principal 0.3 0.35 0.4 0.45

Provision of additional release time beyond the above allocation may be taken from the general teaching provision of a school in accordance with local decision, subject to the terms and conditions of Schedule 9 and the Award whichever is applicable. Recognition of previous service for the position of deputy principal or assistant to the principal

S6.12.1

All previous service as a Deputy Principal or Principal of a Catholic school shall be recognised in determining the appropriate salary level for the Deputy Principal. Such service as Deputy Principal or Principal is recognised provided that there is not a break of service exceeding 12 months.

S6.12.2

All service as an Assistant to the Principal, Deputy Principal or Principal of a Catholic school shall be recognised in determining the appropriate salary level for the Assistant to the Principal. Such service as Assistant to the Principal, Deputy Principal or Principal is recognised provided that there is not a break in service exceeding 12 months.

S6.12.3

A break in service of 12 months or more may be recognised as service for purposes of allocation of salary level, if that break was for the purposes of professional development or some other purpose acceptable to the Employing Authority.

S6.13

Senior administration and positions of added responsibility - secondary

S6.13.1

Positions of senior administration

(a)

One position of Deputy Principal shall be established in all secondary schools with an enrolment of less than 300 students.

(b)

2 positions of Deputy Principal shall be established in secondary schools with an enrolment in excess of 300 students.

(c)

3 positions of Deputy Principal shall be established in secondary schools with an enrolment in excess of 1200 students.

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(d)

Notwithstanding the provisions of clause S6.13.1(b) the Employing Authority may, at its discretion, create 2 Senior Administration Positions in lieu of the second position of Deputy Principal in schools with an enrolment in excess of 300 students.

(e)

Notwithstanding the provisions of clause S6.13.1(c) the Employing Authority may, at its discretion, create Senior Administration Positions in lieu of the third position of Deputy Principal in schools with an enrolment in excess of 1200 students

S6.13.2 (a)

Allowance and release time: positions of added responsibility - secondary The following table outlines the minimum points available commensurate with school enrolments for the provision of both allowance payments and release time for Positions of Added Responsibility in Secondary Schools.

School Enrolment Allocation of Pastoral (20%) Academic, Other Pastoral and Others Total

(b)

8511000 28

751 850 24

651 750 22

551 650 20

451 550 16

351 450 12

301 350 10

151 300 4

< or =150 4

130

108

96

84

73

61

44

38

16

12

164

136

120

106

93

77

56

48

20

16

Enrolment levels for the purpose of allocation of Positions of Added Responsibility within the above bands shall be those taken from the Commonwealth School Census for the year prior to the operating year.

S6.13.3 (a)

> 1000 34

Allowance points value

The allowance for each of the 4 levels is calculated as follows: one point of allowance will be equal to the Advanced Skills Teacher 1 rate or the Leading Teacher rate (as applicable); 2 points of allowance will be equal to the Advanced Skills Teacher 1 rate or the Leading Teacher rate (as applicable) plus 1/29th of Band 3 Step 4 of the teacher classification scale; 3 points of allowance will be equal to the Advanced Skills Teacher 1 rate or the Leading Teacher rate (as applicable) plus 2/29th of Band 3 Step 4 of the teacher classification scale; 4 points of allowance will be equal to the Advanced Skills Teacher 1 rate or the Leading Teacher rate (as applicable) plus 3/29th of Band 3 Step 4 of the teacher classification scale.

S6.13.4 (a)

Release points value

One point of release time is equal to a minimum of 48 minutes of face to face teaching.

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S6.14

Allocation of allowance and release points

S6.14.1 (a)

The School Consultative Committee in Secondary schools will make recommendations about release time within the available points allocated for the school and appropriate for the structure they have suggested. The Principal, following consultation with the SCC, shall determine the release time to be allocated to each PAR position.

S6.14.2 (a)

Consultation

Academic co-ordinators

In establishing the appropriate Academic PAR structure, the School Consultative Committee shall take account of the following: (i)

all academic subject areas within a school shall be supervised either by an academic co-ordinator or a member of the Senior Administration Team;

(ii)

there shall be 4 levels of allowance;

(iii)

the co-ordinator of a subject area or group of subject areas shall receive an allowance in addition to the salary payable under the Award and a minimum release time according to the total number of teaching hours per average 5 day cycle as set out in the following table. Level 4 3 2 1

(b)

Allowance Minimum Release 4 points 4 points 3 points 3 points 2 points 2 points 1 point 1 point

The number of hours a subject is taught in the school 75 or more hours per average 5 day cycle 50-74 hours per average 5 day cycle 25-49 hours per average 5 day cycle 1 teacher with sole responsibility for a subject area

In determining if additional release time from the quantum available is necessary, the following factors will be considered: the number of teachers needing to be co-ordinated the number of subjects involved in any area of academic responsibility the curriculum structure of the school e.g. KLAs, Middle School and Senior School, unitised / vertical curriculum the number of students studying subject / KLA the structure of the school e.g. multiple campuses or 8-10, 11-12, 8-12 arrangements school curriculum initiatives other relevant factors.

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(c)

A 10% flexibility level is permissible in allocating points to release time per position.

For example: A level 4 Co-ordinator has the following allocation: Salary points = 4. Release points = 4. 10 per cent of 4 release points = 0.4 points. If, for example, one point of release time is equivalent to 48 minutes of face to face teaching then 0.4 release points = (0.4 x 48 minutes) = 19.2 minutes. In this example, the range for a 4 point release is (4 x 48 minutes) + 19.2 minutes. This will permit a Level 4 Co-ordinator release time of: either or or S6.14.3

4 x 50 minute periods 4 x 45 minute periods 5 x 40 minute periods.

Pastoral co-ordinators

(a)

The appropriate designations, allowance and release time to be allocated, is determined by the principal following consultation with the School Consultative Committee.

(b)

The occupants of these positions may be responsible for the welfare of groups of students whether structured by year groups, "houses" in schools or otherwise.

(c)

In determining the appropriate allowances and release time to be recommended for Pastoral Coordinators, the School Consultative Committee shall take account of the following factors. the pastoral care structure of the school e.g. vertical or Year level the number of students and teachers involved in the pastoral care structure the number of Year levels involved if structure is based on Year levels particular pastoral care needs peculiar to the school responsibility for outside school activities each of which is of more than 4 days' duration e.g. camps other relevant factors.

S6.14.4 (a)

Other positions in response to emerging needs

The appropriate designations, allowance and release time to be allocated, is determined by the principal following consultation with the School Consultative Committee.

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(b)

In determining the appropriate allowances and release time to be recommended for these positions, the School Consultative Committee shall take account of the following factors: impact of school initiatives e.g. VET, technology, "health promoting school" the numbers of students and teachers involved in the program / activity the level of overall resourcing in a particular area e.g. technical support. other relevant factors

(c)

The occupants of these positions shall be responsible for activities which may include, but are not limited to, careers advice or sports co-ordination.

(d)

The term of appointment to these positions may be varied according to need and be less than that provided in clause S6.6 Such variation would be by consultation with the incumbent, the School Consultative Committee and the Principal/employing authority.

S6.15 S6.15.1

Par points allocation in p-10 & p-12 schools Allocation of points to positions across primary and secondary enrolments

The Principal is responsible for determining the appropriate PAR structure for the school. The School Consultative Committee shall propose to the Principal possible models of Positions of Added Responsibility appropriate for the particular school after consultation with the whole teaching staff. In determining these models and recommending the appropriate allowances and release time, the SCC shall take into account factors such as: the distribution of positions that would occur if the primary and secondary components of the school were separate (as detailed in clauses S6.14, S19 and S20) the curriculum organisation of the school as a whole special curriculum initiatives that impact across the school the pastoral care structure of the total school the number of students and teachers involved in each segment of the pastoral care structure the campus structure the extent to which such things as technological provision and sporting competition cross over traditional primary/secondary categories the level of technical, clerical or aide support across primary and secondary components of the school. S6.15.2

Additional resourcing

After considering the overall level of resources across the school, the employing authority, at its discretion, may provide additional points in exceptional circumstances.

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S6.16

Appointment of religious education co-ordinator - secondary schools with enrolments of less than 300 students

S6.16.1

S6.17

In Secondary Schools with enrolments of less than 300 students, a Religious Education Co-ordinator may be appointed to a Position of Added Responsibility. The Employing Authority may at its discretion appoint an Assistant to the Principal Religious Education. The additional cost beyond the appropriate allowance pertaining to a Position of Added Responsibility shall be borne by the Employing Authority. School consultative committee - secondary - positions of added responsibility

S6.17.1

School consultative committee - secondary

(a)

The Principal shall determine the appropriate middle management structure and release time for a secondary school. In determining this structure a consultative process involving the formation of a School Consultative Committee (SCC) will be followed.

(b)

Membership of the School Consultative Committee shall include: 2 persons nominated by the Employing Authority/Principal one Union member elected by the school Chapter of the QIEU one staff member elected by the teaching staff other than members of Senior Administration.

(c)

It would be appropriate for the School Consultative Committee to determine a number of options for the middle management structure which take account of the current organisation and future needs of the school. Consultation by the whole Committee with the entire teaching staff is recommended.

(d)

Appropriate management provision shall be made for pastoral, academic and other emerging needs of the contemporary secondary school. The Employing Authority in consultation with the School Consultative Committee will give consideration to the particular requirements of the school by first allocating up to 20% of available points to the pastoral area. Academic and other needs including pastoral needs will be assessed in the context of the remaining available points.

(e)

A consultative process involving participation of the School Consultative Committee will be the vehicle by which the school's middle management structure will be reviewed each 3 years or by local agreement. The detail and the form of such a review is to be negotiated between the parties.

S6.18

Role descriptions and key selection criteria for senior administration positions and positions of added responsibility

S6.18.1 (a)

Role descriptions

Role Descriptions for all Senior Administration Positions and Positions of Added Responsibility will be developed where they do not already exist. Such Role Descriptions may include statements similar to those below:

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(b)

Contributions to the Mission/Ethos of the School or College Participate in processes that contribute to the positive development of the school mission and ethos Participate in processes that assist in the formation of school/College policies and practices

(c)

Learning and teaching Develop and maintain effective teaching Implement quality pedagogies Plan, implement and evaluate the nature of student's learning outcomes Develop collaborative ways of improving teaching and learning in specialised subject areas

(d)

Information, communication and technology Establish policies relating to the use of information technologies for students and teachers Monitor the implementation of the use of information technologies for students and teachers Plan for the provision of suitable professional development

(e)

Accountability including student outcomes Become familiar with QSA procedures and requirements relating to the programming and assessment Develop and implement QSA and school based programs Plan for the provision of quality professional development for staff

(f)

Accountability to school community Ensure quality reporting programs are in place for students, parents and staff Work collaboratively with the school administration to develop these reporting programs

(g)

Professional development Access quality professional development for staff Develop collaboratively school based professional development Encourage participation in professional associations or similar organisation

(h)

Management of staff and resources Work collaboratively with staff and administration to ensure appropriate allocation of classes Establish effective budgeting and resource process Ensure appropriate WHS procedures are established and monitored

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S6.18.2 (a)

Key selection criteria

Key Selection Criteria will be developed where they do not exist currently. Such Key Selection Criteria could include:

S6.19

(i)

Demonstrated commitment to the Catholic mission/ethos of the school/college

(ii)

Demonstrated achievement in the learning and teaching aspects of school life

(iii)

Ability to implement and use creatively a range of activities associated with information technology

(iv)

Demonstrated understanding of curriculum development and QSA and employing authority procedures

(v)

Ability to plan effectively and communicate an appropriate range of reporting processes

(vi)

Demonstrated involvement and commitment to quality professional development

(vii)

Ability to develop processes to manage staff and resources effectively and collaboratively

Remuneration and release time - primary schools

S6.19.1

A position of Assistant to the Principal Religious Education and a position of Assistant to the Principal Administration shall be established in schools with an enrolment of 451 or more students. The occupant of either of these positions may be required to deputise for the Principal in respect of short term absences.

S6.19.2

A position of Assistant to the Principal Religious Education or Religious Education Co-ordinator shall be established in schools with an enrolment of 450 or less students.

S6.19.3

In schools of 450 or less students, a specific teacher shall be designated to deputise for the Principal in respect of short term absences. Where the person deputising is not the Assistant to the Principal Religious Education or Religious Education Coordinator, an allowance of one point per annum shall be paid.

S6.19.4

If REC/APRE does not deputise, the person appointed to deputise shall receive one point of allowance per annum by way of remuneration.

S6.19.5

The following table outlines the minimum positions, form of remuneration and release time commensurate with school enrolments for Senior Administration Positions in Primary Schools.

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PRIMARY SCHOOLS School enrolment <51 51-75 76-150 151-250 251-300 301-325 326-400 401-450 451-500 501-550 551-600 601-700 701+ S6.20

Minimum Positions REC/APRE REC/APRE REC/APRE REC/APRE REC/APRE REC/APRE REC/APRE REC/APRE APRE + APA APRE + APA APRE + APA APRE + APA APRE + APA

Allowance points 1 pt 1 pt 1 pt 2 pts 2 pts 3 pts 3 pts 4 pts Salaries Salaries Salaries Salaries Salaries

Release time 2 hrs 6 hrs 6 hrs 7.5 hrs 7.5 hrs 11 hrs 13.75 hrs 13.75 hrs 16.5 hrs (each position) 16.5 hrs (each position) 16.5 hrs (each position) Full Release Full Release

Appointment of assistant to the principal religious education or religious education co-ordinator - primary schools with enrolments of less than 150 students

S6.20.1

It is recognised by the parties that difficulty may be encountered in the attraction of suitable applicants to the positions of Assistant to the Principal Religious Education or Religious Education Co-ordinator in schools in remote localities with enrolments of less than 150 students.

S6.20.2

The Employing Authority undertakes to make every effort to fill a vacant position both by internal notification and by newspaper advertisement. Should the position remain vacant, the Principal shall carry out the appropriate duties until a suitable applicant can be found: Provided that a suitably qualified applicant may be appointed for a fixed term period of one year, in accordance with the fixed term provisions contained in clause 4.5 of the Award.

S6.21

Appointment of members of religious congregations to senior administration positions and positions of added responsibility

S6.21.1

An Employing Authority shall place in a school any number of Religious Congregation members it deems appropriate. Whilst placement of Congregational members would normally be at the beginning of the year or semester, placement may occur at other times. The Employing Authority, in making all placements shall consider the interests of the students, Principal and other staff members.

S6.21.2

The Employing Authority shall retain the right to appoint the Principal, and any other person to Positions of Added Responsibility through the Principal.

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S6.21.3

Where a Congregational member is appointed to a position of Senior Administration or other Positions of Added Responsibility then the points allocated to both allowance and release time for such a position should be considered to be allocated as if the appointee was a salaried teacher.

S6.21.4

Schools shall not allocate points belonging to a Congregational member occupying a Position of Added Responsibility to any other Position of Added Responsibility in the school. A salaried teacher may be appointed to a Position of Added Responsibility previously held by a Congregational member. A Congregational member may be appointed to a Position of Added Responsibility previously held by a salaried teacher.

S6.22

Appointment of acting positions

S6.22.1

Provision for the appointment of a person to act in a Senior Administration Position or a Position of Added Responsibility.

(a)

Clause S6.22.1 applies to the appointment of a person to act in the position of Deputy Principal, Assistant to the Principal (Administration), Assistant to the Principal (Religious Education), in Primary and/or Secondary schools or a Position of Added Responsibility.

(b)

Appointment to an acting position is for a defined period and shall be confirmed in writing.

(c)

An acting position may be determined in those situations where the incumbent is on leave or an interim vacancy exists.

(d)

The number and/or existence of such positions is determined by the employing authority.

(e)

The appointment to an acting position is for a fixed term of 4 or more continuous weeks. Clause S6.22.1 shall not preclude appointment to an acting position for less than 4 weeks for emergent reasons.

(f)

An appointment of 4 weeks may include student free days.

(g)

The 4 weeks or more of continuous service in the acting position will be exclusive of the vacation periods. Where the appointment is made across a vacation period the appointee will be paid at the acting rate for the vacation period. Where the appointment is contiguous to student free days the student free days shall be paid at the acting rate.

(h)

The salary rate paid shall be in accordance with the salary schedule outlined in Attachment 2 of this Schedule for that position provided that the acting appointee's experience in the position shall be recognised.

(i)

Where appropriate the employing authority/principal may call for expressions of interest from current employees regarding the acting position.

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(j)

All paid leave taken during an acting appointment shall be paid at the appropriate acting rate.

(k)

School vacation leave, which is immediately following a period designated as acting, shall be paid at the acting rate.

(l)

When an employee takes paid leave immediately following a period designated as acting, that employee shall be paid for such leave at the acting rate.

S6.23

Amendment to the application of this Schedule

S6.23.1

In special or unique circumstances the employing authority and the Union may enter into arrangements, the application of which will amend the provisions of this Schedule for an identified school. These arrangements will be recorded in writing by way of exchange of letters between the parties and will normally be for a period not exceeding 12 months.

Attachment 1 - Review/Appraisal Process Principles The Principles that shall be applied to the appraisal process will include the following: Shared Responsibility Negotiation Consultation Self Review of Performance Based on Role Description and Duty Statements Validation Documentation Confidentiality Natural Justice Resourcing The above Principles are elaborated in the following terms: Shared Responsibility: The responsibility for the appraisal process is shared by the employer (or nominee) and the appraisee. The details of the process will clearly indicate who has the responsibility for each component of the process and how the responsibility will be exercised. Negotiation: Negotiable aspects should be identified and documented within the broad framework developed by each employing authority/school for its appraisal process. The Principal/Appraisee should be prepared to discuss and agree upon certain aspects within the broad framework of the appraisal process.

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Consultation: The Employing Authority/Principal consults collaboratively with the role holder for input and advice. The final decision on the appraisal process rests with the employing authority. Self Review of Performance Based on Role Description and Duty Statement: The appraisee reflects upon practice within the framework of the Role Description and Duty Statement applicable during the term under review. These documents set and inform the parameters for the format of the self review. The self review may be transmitted in written, oral or some other negotiated form. The self review may be a culmination of on-going documentation of practice. The reflection includes areas of performance that are believed to have been effective and areas of performance that may require further development. It is the performance of the incumbent that is being reviewed. There is no judgement of the person involved. Validation: Within the framework of the process, data related to the role and duty statements will be gathered to validate the self review. The methodology for validation shall form part of the consultation process. Documentation: The Summative Appraisal generates a written report that is submitted to the Employing Authority/Principal. The report remains the property of the Employing Authority / Principal and the Appraisee. Confidentiality: All materials other than the final report generated in the process shall remain confidential to that process. Natural Justice: The appraisee is advised of the content of information obtained in relation to the appraisee as part of the process. Only information which has been substantiated will form part of the appraisal process. The appraisee has the right to approach the panel to be informed of the content and nature of the information gathered and the identity of those who supplied it. The appraisee is given reasonable opportunity to respond to the matters dealt with in the information. Any person asked to provide information for use in an appraisal process is to be advised, at the time of the request, that such information and the identity of the person providing the information may be made known to the appraisee.

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Resourcing: Provision of appropriate resources for the process will be negotiated between the appraisee, those undertaking a role in the appraisal on the one hand and the employing authority on the other. Those elements of the process which are of the nature of self-appraisal will not receive additional resources from the employing authority. The level of resourcing to address the outcomes of appraisal will be a matter of negotiation between the appraisee and the employing authority. Attachment 2 - Wages and Allowances Positions of Senior Administration and Positions of Added Responsibility Position Middle Management Allowances PAR Level 1 PAR Level 2 PAR Level 3 PAR Level 4 Senior Administration Salary AP Level 1 AP Level 2 AP Level 3 Deputy Principals DP 1st Year DP 2nd Year DP 3rd Year DP 4th Year DP 5th Year

Fortnightly $

Annual $

97.20 177.80 258.20 338.80

2,537 4,638 6,737 8,838

2,765.20 2,833.80 2,899.50

72,142 73,932 75,646

2,833.80 2,899.50 2,971.50 3,043.00 3,118.50

73,932 75,646 77,524 79,390 81,359

SCHEDULE 7 Promotional Positions - PMSA Schools S7.1

Coverage

This Schedule shall apply to those teachers appointed to promotional positions whose rates of remuneration are prescribed by this Schedule and who are employed by the PMSA. S7.2

Award

The terms and conditions of the Award shall continue to apply to teachers covered by this Schedule except for clause 5.6.1 (Subject co-ordinators allowance) and clause 5.6.2 (Moderation allowance).

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S7.3

Introduction

There will be a promoted positions structure within PMSA secondary schools. Such structure including the number of positions will be determined by the Principal/Headmaster as that necessary in the context of the school's academic and curriculum structures and sustainable within the overall budgeting requirements of the School. Prior to such final determination the Principal/Headmaster shall consult with appropriate staff committees. S7.4

Head of Department

S7.4.1

Definitions

(a)

Head of Department - Level 1 shall be a teacher appointed as such where the subject or subject area concerned occupies at least 75 hours in the weekly teaching programme in the secondary school.

(b)

Head of Department - Level 2 shall be a teacher appointed as such where the subject or subject area concerned occupies at least 45 hours in the weekly teaching programme in the secondary school.

(c)

Head of Department - Level 3 shall be a teacher appointed as such where the subject or subject area concerned occupies at least 30 hours in the weekly teaching programme in the secondary school.

S7.4.2

Remuneration and release time - A teacher who is appointed as a Head of Department in a school shall be entitled to additional remuneration and release time based on the following: (a)

Remuneration would be by way of allowance payable in addition to the salary prescribed in the Award. The allowances payable would be as follows:

Level 1 Level 2 Level 3 (b)

Per annum $ 7,725 4,635 3,090

The release time (from the normal weekly timetable teaching time) for teachers appointed to each level shall be as follows:

Level 1 Level 2 Level 3

Per annum $ 3 hours 3 hours 2 hours

To allow greater flexibility and at the initiative of the Head of Department additional release time may be agreed at school level between the individual teacher and the Principal/Headmaster on the basis that no extra financial cost to the school shall be incurred.

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S7.5

Co-ordinator

S7.5.1

Definition - A subject co-ordinator shall mean a teacher who is appointed as such in a subject or subject area to accept sole responsibility for the program in the school.

S7.5.2

Remuneration - 5 levels of allowance would be available with the demands of the position determining the level of the allowance to be assigned to a particular position. This is not an incremental scale based on service. Level 5 Level 4 Level 3 Level 2 Level 1

$ 1,288 1,710 2,142 2,575 2,987

The above provisions shall not apply to a teacher filling a minor co-ordinating role where an allowance is paid in accordance with clause 5.6.2 of the Award. S7.5.3

S7.6

Selection criteria - The following selection criteria will be applied to assess the level of allowance to be paid to a particular co-ordinator position: (a)

weighting of the subject in the curriculum as measured by student units (i.e. the number of students by the number of lessons in the week);

(b)

school curriculum priority (i.e. the emphasis on a particular subject area as part of the school development plan);

(c)

relative degree of autonomy required to be exercised by the teacher and extent of Departmental support (i.e. whether within or outside a Departmental support structure);

(d)

number of staff involved;

(e)

experience of the teacher (including in the role of co-ordinator and the professional experience that contributes to the teacher's ability to perform as a co-ordinator);

(f)

level of communication complexity (teachers in area being full-time, parttime, job share and across subject areas); and

(g)

extent of responsibility to Board of Senior Secondary School Studies.

Selection procedures

Appointment as a Head of Department or Co-ordinator shall be at the discretion of the Principal/Headmaster acting for and on behalf of the PMSA. Suitability of an applicant for a position will be based on the requirements of the job description and general school needs. From the job description an appropriate set of criteria will be developed for each position.

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S7.7 S7.7.1

S7.8

Tenure A teacher who is appointed to a promotional position shall retain that position except where: (a)

the structural position has been abolished;

(b)

a teachers performance has been found deficient by a formal appraisal process;

(c)

after 3 years the position has been declared vacant and the teacher fails to be re-appointed to such a position.

Staff development and appraisal

It is agreed by the parties that an effective performance review procedure will be introduced. It is accepted that consultation will occur at each school with the objective being to have an agreed procedure in place by the end of 1st term, 1992. However, it is also accepted that from the PMSA viewpoint the absence of agreement will not be an impediment to the introduction of such procedure from term 2 of 1992. S7.9

Pastoral care

Pastoral care is an important and integral part of the philosophy of PMSA Schools as reflected in the Schools' Mission Statements. Therefore there will be a promotional structure in each school covering pastoral care positions. Teachers appointed to these positions will be assigned by the Head of School one of the remuneration levels in the academic promoted positions scale. S7.10

Term of Schedule

Schedule 7 will operate from 30 June 2005. This Schedule replaces the Teachers' Award - Non Governmental Schools Promotional Positions - PMSA Schools - Industrial Agreement.

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SCHEDULE 8 Promotional positions - Anglican Schools Queensland S8.1

Schedule coverage

Schedule 8 shall apply to all teachers appointed to promotional positions with the exception of Deputy Headmasters and teachers appointed to assist the Headmaster. Schedule 8 shall apply to those teachers whose rates of pay and remuneration are prescribed by Schedule 8 and who are employed by the following schools: All Saints Anglican School Anglican Church Grammer School Cannon Hill Anglican College Canterbury College Coomera Anglican College Fairholme College Frazer Coast Anglican College Hillbrook Anglican School Mathew Flinders Anglican College Somerset College St Aiden's Anglican Girl's School St Andrew's Anglican College St Hilda's School St Luke's Anglican College St Margaret's Anglican Girl's School St Paul's School The Cathedral School of St Anne and St James The Glennie School The Southport School Toowoomba Preparatory School. Trinity Anglican School West Moreton Anglican College Whitsunday Anglican College S8.2

Introduction

There will be a promotional positions structure within all schools covered by Schedule 8. Subject to clause S8.3 of Schedule 8, Schedule 8 prescribes conditions of employment for promotional positions in each school covered by the Schedule. To the extent that Schedule 8 also seeks to prescribe remuneration rates for promotional positions, an addition to the Schedule 8 will record the name of the employer, the establishment's location, the total number of PAR unit points allocated at the school and the operative date and approval date. Detailed application of the PAR unit points as identified in Table 1 shall be school specific as set out in a school profile prepared by the school.

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The school profile shall include details in respect to the distribution of minimum PAR points of each school on a departmental basis and phasing-in arrangements where negotiated. The school profile will be filed with the Commission and may be used by either party as a reference point in respect to disputation involving Schedule 8. However the document shall remain confidential to the parties. The school profile shall be executable at law however both parties undertake not to utilise the provisions of the document as the basis of an application for a common rule award in accordance with the Act. S8.3

Award

The terms and conditions of the Award shall continue to apply to teachers covered by Schedule 8 except for clause 5.6.1 (Subject co-ordinators allowance) and clause 5.6.2 (Moderation allowance). S8.4

Promotional position

A promotional position is defined as a teaching position within the promotional structure of each school (up to but not including Deputy Principal) where the incumbent is responsible for the coordination of all curricular, and co-curricular duties associated with a subject or subject area or the co-ordination of pastoral duties. S8.5 S8.5.1

Positions of added responsibility (PAR) PAR's - Secondary academic curriculum

The minimum number of promotional positions in each school shall be determined as follows: (a)

Where the subject(s) or subject area(s) concerned in the secondary school occupies at least 75 hours in the weekly teaching program and a minimum of 6 teachers are employed therein, a Level 1 PAR shall be appointed to each subject(s) or subject area(s).

(b)

Where the subject(s) or subject area(s) concerned in the secondary school occupies at least 50 hours in the weekly teaching program and a minimum of 4 teachers are employed therein, a Level 2 PAR shall be appointed to each subject(s) or subject area(s).

(c)

Where the subject(s) or subject area(s) concerned in the secondary school occupies at least 25 hours in the weekly teaching program and a minimum of 2 teachers are employed therein, a Level 3 PAR shall be appointed to each subject(s) or subject area(s).

(d)

Where a teacher has the sole responsibility for the co-ordination of the subject(s) or subject area(s) concerned in the secondary school a Level 4 PAR shall be appointed to each subject(s) or subject area(s).

S8.5.2 (a)

Remuneration and release time - academic A teacher who is appointed as a PAR in the school shall be entitled to additional remuneration and release time based on the provisions as set out in table 1.

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TABLE 1: MINIMUM PAR Allocation: Secondary School PAR Level

Total PAR unit allocation

Minimum Salary allowance Release

Minimum Time school level

PAR unit to regulated at

Conditions

1

8

2

2

4

75 hours + 6 teachers

2

6

1.5

1.5

3

50 hours + 4 teachers

3

4

1

1

2

25 hours + 3 teachers

4

2

0.5

0.5

1

1 Teacher with sole responsibility

(b)

For the purpose of determining the appropriate remuneration and release time for each level of PAR one unit of allowance and one unit of release time shall be calculated as follows: 1 unit of allowance = 3.45% of Band 3 Step 4 of the salary scale in the Award. 1 unit of release time = 48 minutes per week.

(c)

The total number of unit allocations identified in column 2 of table 1 shall be distributed as follows: (i)

25% of total unit allocation paid as salary allowance

(ii)

25% of total unit allocation given as release time

(iii)

50% of total unit allocation to be distributed at school level as either salary allowance or release time or a combination of both.

(d)

The distribution of total unit allocation identified in clause S8.5.2(c)(iii) shall be at school level and shall be agreed between the school and the individual teacher. Should agreement not be reached the PAR unit allocation shall be equally distributed between the salary allowance and release time, and at the request of the individual teacher, shall be in writing.

(e)

Notwithstanding the provisions of clause S8.5.1 the minimum number of PAR units allocated to each secondary school covered by Schedule 8 shall be determined by the aggregation of unit values calculated by reference to Table 1, provided that the aggregated total shall not be less than the PAR units calculated in accordance with Table 2. Student numbers prescribed in Table 2 shall be based on the School Census figures from the previous year.

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Table 2: Total school PAR allocation by student numbers - secondary

(f)

Student Numbers

Total PAR Units

0 - 150 151 - 300 301 - 339 340 - 449 450 - 549 550 - 649 650 - 849 850 - 999 1000 +153

Nil 14 28 42 70 84 97 125

A teacher appointed to a promotional position above Head of Department but below Deputy Principal shall be accredited with 12 PAR units. Units allocated to teachers employed in these positions shall be in addition to the minimum number of PAR units identified in Table 2. The 12 PAR units prescribed in clause S8.5.2(f) shall be distributed between allowance units and release time units based on the formula prescribed in clause S8.5.2(b). The distribution of units shall be agreed between the Principal and the individual teacher.

S8.5.3

PAR's - Primary

The allocation of PAR units within primary schools or the primary school section of a school shall be negotiated at school level based on the academic and pastoral requirements of each school. S8.5.4

PAR's - Pastoral

The allocation of PAR units for co-ordination of pastoral duties within each secondary school shall be negotiated at school level based on the requirements of each school. The parties will review this situation in 1993 with the intention of finalising arrangements for 1994. S8.5.5

Existing contractual arrangements

(a)

A person employed in either a Senior Administrative position or a position of added responsibility in 1992, with a continuing employment contract for a position which continues to exist in 1993, shall be appointed to that continuing position on the terms included in Schedule 8.

(b)

A person employed with assured permanency in a position in 1992 and prior to that time and the position continues to exist shall be eligible to continue in that position in 1993 and thereafter on the same basis as the previous employment, that is, permanency in the position was assured:

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Provided that the existing contractual arrangements may be terminated on the following basis: (i)

the employer and the employee agree to waive the existing arrangements. Where this agreement exists the employee shall continue to be employed in accordance with the terms and conditions of this Schedule.

(ii)

the employee shall continue to have the remuneration paid for the duration of the contract unless a new contract is mutually agreed to. Remuneration for such a fixed terms contract shall be as expressed in the continuing contract and all employment rights and conditions under the Award shall be retained. Where the employer decides to "pay out" the contract in accordance with clause S8.5.5, the employee shall not be entitled to continue in that position: Provided that where the employee wishes to continue in a position of added responsibility after the termination of the contract in accordance with clause S8.5.5, the employee shall reapply for the position. Selection to the position shall be based on the conditions set out in clause S8.5.

S8.6

Selection procedures

Appointment to the position of PAR shall be at the discretion of the Principal acting for and on behalf of the employing authority. The suitability of an applicant for a position will be based on the requirements of the job description and general school needs. For each job description an appropriate set of criteria will be developed for each position. S8.7 S8.7.1

Tenure A teacher who is appointed to a promotional position shall retain that position except where: (a)

the promotional position has been abolished after consultation with the school's Joint Working Party; or

(b)

the teacher's performance has been found deficient by a formal appraisal process; or

(c)

the position has been declared open and the applicant fails to be reappointed to such a position:

Provided that this condition shall only be applied in circumstances where the school has undertaken academic and/or administrative change which has resulted in an alteration to the duties and/or responsibilities of the existing position. S8.8

Consultation

The employing authority shall have the responsibility for the assignment of teachers to the position of PAR.

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The level of PAR and the types of subjects occupying the various levels shall be determined by the employing authority following consultation with the school's Joint Working Party. The school's Joint Working Party should consist of 2 appointees of the employing authority, 2 representatives of the Union who are members of the teaching staff of the school and 3 other representatives from the remaining teaching staff. S8.9 S8.9.1

S8.10

Contract of appointment A teacher appointed to a promotional position under this Schedule shall be provided with an offer of appointment, in writing, which sets out the following: (a)

The total number of PAR unit points allocated to the position.

(b)

The distribution of unit points as between salary allowance and time release.

Allowance alternative

S8.10.1

The employing authority may offer individual teachers non cash benefits in lieu of the monetary allowance identified in the School Profile annexed to Schedule 8.

S8.10.2

The decision as to whether the allowance or non cash benefit is to be paid to individual teachers remains with the teacher.

S8.10.3

If the teacher decides to accept the offer identified in clause S8.10.1, the details of acceptance must be committed to writing and signed by the individual teacher and the employing authority. The agreement must have a specified life after which it shall expire unless it is mutually agreed to extend the life of the agreement. Any period of extension must be identified in writing and signed by both parties.

S8.10.4

A copy of any agreement reached in accordance with clause S8.10 must be held by both the employing authority, the individual teacher and the Union.

S8.11

Anomalies

Anomalies arising out of the implementation of Schedule 8 will be referred to an anomalies committee comprised of 2 representatives of the employing party to Schedule 8 and 2 representatives of the Union. The committee shall make appropriate recommendations to the relevant employing authority and or teacher seeking redress. S8.12

Commencement of Schedule

Schedule 8 shall operate as from 30 June 2005. Schedule 8 replaces the Teachers' Award - NonGovernmental Schools - Promotional Positions - Schools Associated With The Anglican Diocese Of Brisbane, Industrial Agreement and the Teachers' Award - Non-Governmental Schools Promotional Positions - Anglican Diocese Of North Queensland Schools Commission, Industrial Agreement.

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SCHEDULE 9 Catholic Schools - Hours of Duty - Teaching Staff - Queensland S9.1

Coverage

Notwithstanding the provisions of the Award, this Schedule shall apply to those teachers employed by the Employing Authorities in Catholic Schools throughout the State of Queensland (but excluding All Hallows School) who are not categorised as principals, deputy principals, assistant to the principal - religious education or assistant to the principal - administration. S9.2

Date of operation

Schedule 9 takes effect from 30 June 2005. Schedule 9 replaces the Catholic Schools - Hours Of Duty - Teaching Staff - Queensland, Industrial Agreement. S9.3

Hours of duty - secondary

The hours of duty of secondary teachers shall be up to 31 hours per week in those schools where existing arrangements require such a quantum. In all other cases, the hours of duty shall be 30.5 per week. S9.4

Contact time

Of the 31 hours or 30.5 hours required per week occurring between Monday and Friday in a secondary school a maximum of up to 21.5 hours shall be contact time. Contact time shall include programmed teaching time, programmed sporting, administrative/pastoral care classes and assembly time. S9.5

Preparation and correction time - classroom teachers

In addition an amount equal to 20% of actual contact time (excluding assembly time) shall be allocated to preparation and correction time. However part of this preparation and correction time may be used for supervision or cover periods for a yearly average of up to 10 periods per year. S9.6

Other duties

The remainder of the total quantum of hours shall be defined as "other duties" and shall include the following activities: -

movement between classes; preparation and correction outside the 20% mentioned above programmed in the school day; class/playground/transport etc. supervision; staff meetings; educational activities associated with the programmed curriculum; parent/teacher consultations which form part of the school's programmed reporting to parents; attendance at school for the required time before the commencement of classes; school worship; supervision or covers periods outside that mentioned above.

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S9.7

Hours of duty - primary

The hours of duty for primary teachers shall be up to 30 hours per week worked between Monday and Friday. Class contact time in the primary area shall be 26 hours 40 minutes per week, and shall include face to face teaching, pastoral care and sporting activities which form part of the programmed school day. The remaining hours shall be defined as "other duties" and shall include: S9.8

class/playground/transport supervision; staff meetings; educational activities associated with the curriculum as programmed; attendance at school for the required time before the commencement of classes; school worship; parent/teacher consultations which form part of the school's programmed reporting to parents; sacramental programme; school assembly for administrative purposes. Playground supervision - primary teachers

In those primary schools where duty of care obligations cannot be accommodated within the maximum quantum of 30 hours per week, an additional one hour per week shall be required for the performance of playground supervision. S9.9

Overtime rate

Overtime shall be payable in accordance with the provisions of clause 6.2 of the Award. S9.10

Extra-curricular duties

Extra-curricular activities shall be honorary and voluntary. S9.11

Meal breaks

Morning tea breaks of 50 minutes per week shall be included in the total number of hours per week. Unpaid lunch breaks shall occur in accordance with existing practice. S9.12

Additional hours per term

There shall also be a quantum of 3 hours per term which will be required of all primary and secondary teachers for attendance at special activities for particular groups, e.g. year level, whole school, special interest group activities.

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S9.13

Determination of other duties

Other duties shall be exclusive of week-ends and public holidays, and shall be determined at the beginning of a term, semester or year by consultation between both Primary and Secondary teaching staff and the school administration, within the maximum allocation outlined in clauses S9.6 and S9.7. Variations to this arrangement as a result of emergent or unforeseen circumstances shall also be determined by way of the consultative process. Disputes between the staff and the employing authority shall be processed through a grievance procedure which will be characterised by the following steps: S9.13.1

In so far as it is possible, the principal should indicate to members of staff the extent and nature of other duties required of them on a semester by semester basis;

S9.13.2

Both the principal and the staff shall hold a formal meeting to discuss the issues arising out of such a requirement;

S9.13.3

If a consensus is not reached and both parties, namely the school staff and the principal cannot reach agreement, then both parties can have recourse of their industrial advisers.

S9.14

Spread and flexibility

The hours of duty required of a teacher in both the primary and secondary areas shall be flexible over a term or semester. Such requirements will be prospective and made known to the teacher involved. S9.15

Variation to existing arrangements

Significant variation to existing practice, expressed in this Schedule during the 1992 school year in both Primary and Secondary schools, shall only occur to meet the needs of students and/or curriculum after consultation between the school administration teachers and the Union over the most appropriate means of implementing the change. S9.16

School level variation

The employer, whether system or school, the employees concerned in each establishment, and the Union may consult over variation to the provisions herein or implementation thereof; the objective of consultation being to reach agreement on variation and implementation at enterprise level. The outcome of such consultation shall be recorded in writing and require endorsement of the parties to Schedule 9. S9.17

Vacation leave

It is not intended to reduce the quantum of vacation periods currently being enjoyed by teaching staff. Any proposed variation to this arrangement which may arise as a result of changing educational needs would be subject to consultation and negotiation between the parties. Where agreement cannot be reached either party reserves the right to refer the matter to the Commission for determination.

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SCHEDULE 10 Catholic Employing Authorities - Long Service Leave S10.1

Application of Schedule

Schedule 10 shall apply to all teachers employed in schools conducted by Catholic Education Employing Authorities but shall not apply to such teachers as are in Holy Orders or are members of a recognised Religious Teaching Order. S10.2

This Schedule shall be read subject to the provisions of the Award.

S10.3

Definitions

S10.3.1

"Act" means the Industrial Relations Act 1999, as amended or replaced.

S10.3.2

"Award" means the Teachers' Award-Non-Governmental Schools 2003.

S10.3.3

"Date of commencement" means in respect of each individual employer that date from which a teacher shall be entitled to long service leave of 13 weeks in respect of 10 years eligible service as specified hereunder.

S10.3.4

"Eligible service" means continuous service with the employer as from 1st January, 1982, and where a teacher is employed by a school at that date it shall include all continuous service at that school as from 1st January, 1975.

S10.4

Long service leave entitlements not to be reduced

Nothing in Schedule 10 shall be deemed or construed to diminish the conditions of long service leave any teacher was receiving prior to the date of coming into operation of Schedule 10. S10.5

Amount of long service leave

A teacher shall be entitled to long service leave on full pay in respect of eligible service and the amount and further amounts of that long service leave shall be as follows: S10.5.1

In respect of eligible service completed prior to the date of commencement in accordance with the Act.

S10.5.2

In respect of 10 years' eligible service undertaken as from the dates specified from the various individual Employers hereunder-13 weeks' long service leave.

S10.5.3

As from 1st January, 1973-Teachers employed by the Sacred Heart Fathers;

S10.5.4

As from 1st January, 1982-Teachers employed by the Augustinian Friars, Brigidine Sisters, Christian Brothers, De La Salle Brothers, Franciscan Friars, Franciscan Sisters, Good Samaritan Sisters, Loreto Sisters, Marist Brothers, Mercy Sisters (All Hallows), Oblates of Mary Immaculate, Presentation sisters, sisters of Charity, Sisters of the Sacred Heart of Jesus, Ursuline Sisters;

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S10.5.5

As from 1st January, 1983-Teachers employed by the Mercy Sisters (Cairns);

S10.5.6

As from 1st January, 1985-Teachers employed by the Directors of Catholic Education of the Archdiocese of Brisbane and of the Dioceses of Cairns, Rockhampton, Toowoomba and Townsville, Josephite Sisters, Mercy Sisters (Rockhampton), Mercy Sisters (Townsville).

S10.5.7

In respect of a further or subsequent 10 years' eligible service completed after the date of commencement-13 weeks long service leave.

S10.6

Mode of taking leave

S10.6.1

A teacher may apply to take long service leave as from the date of commencement in respect of 10 years of continuous service notwithstanding the fact that the period of leave entitlement accrued may be less than 13 weeks.

S10.6.2

An employer may direct a teacher to take the full period of long service leave accrued within 12 calendar months of the date upon which the teacher's accrued entitlement reaches 13 weeks and the teacher shall so take that leave.

S10.6.3

The minimum and maximum periods of leave that may be taken shall be 4 weeks and 13 weeks respectively, with the proviso that where a teacher has accrued 26 weeks leave entitlement at the date of commencement, the teacher shall be granted leave up to a maximum at one time of 26 weeks.

S10.6.4

A teacher shall give at least 6 calendar months' notice in writing of the teacher's intention to take leave, and an employer shall give at least 6 calendar months' notice in writing of the direction to take leave, with the proviso that where the eligible service shall have been served with 2 or more employers, the period of notice shall be 9 calendar months for either party.

S10.7

Payment in lieu

Payment in lieu of leave shall be made in accordance with the entitlements granted by Schedule 10, and according to the Act. S10.8

Financial provisions

An employer shall be liable as between itself and a teacher or a personal representative to pay the whole of the amount to which a teacher or the teacher's personal representative is entitled by way of payment for long service leave. S10.9

Transitional arrangements

Where a teacher ceases employment with the employer prior to 1st January, 1985, and thereby payment in lieu of long service leave is made, the operative date for the calculation of eligible service as in clause S10.3.4 shall be the date of commencing continuous service at the school by which the teacher was employed at 1st January, 1982, notwithstanding that such date may be prior to 1st January, 1975.

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S10.10 Date of operation Schedule 10 takes effect from 30 June 2005. Schedule 10 replaces the Teachers-Catholic Schools (Long Service Leave Scheme) Industrial Agreement.

SCHEDULE 11 Catholic Schools Queensland - School Counsellors (Teacher) S11.1

Coverage

Schedule 11 shall apply to School Counsellors (Teacher) employed in schools under the control of the Employing Authorities in the State of Queensland but shall not apply to such person who are in Holy Orders or are members of a recognised Religious Order. S11.2

Date of operation

Schedule 11 takes effect from 30 June 2005. Schedule 11 replaces the Teachers' Award (Non Governmental) Schools - Catholic Schools Queensland - School Counsellors (Teacher), Industrial Agreement. S11.3

Contract of employment

Each person appointed to a position of School Counsellor shall be appointed for an initial period of 3 years with a further 3 year appointment subject to satisfactory performance review and continued designation of the position. Subject to continued satisfactory performance and continued designation of the position, the appointee may continue to be employed on a 3 x 3 year basis. A periodic review/appraisal process shall be determined by the Employing Authority. That process shall be in accordance with the principles set out in Schedule 6. S11.4

Recognition of prior service

All previous experience as a School Counsellor, either in the Catholic Education system in Queensland or as a School Counsellor with any other school authority in Queensland or other States and Territories within Australia, shall be recognised by the Employing Authority in placing an employee on the appropriate salary step. S11.5

Professional development

The specific nature of an employee's skills require professional development on an ongoing basis. It is the joint responsibility of both the Employing Authority and the employee to have due regard to this requirement.

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S11.6

Termination of employment

S11.6.1

Should the position of School Counsellor cease to exist within a school or system and the School Counsellor concerned has performed satisfactorily in that position, they shall be guaranteed a teaching position by the Employing Authority and such salary and conditions contained in the Award.

S11.6.2

Provided further that clause S11.6 shall not apply to any employee dismissed for incompetence, misconduct, or neglect of duty, who may be summarily dismissed without notice.

S11.7

Relationship to the Award

All conditions of employment, other than those stated in Schedule 11 shall be in accordance with the Award excepting clauses 1.6.6, 1.6.14 and 5.6.1 of the Award. S11.8

Savings clause

Existing employees shall not have their current conditions, contract of employment or salary reduced by the coming into effect of Schedule 11. S11.9

Definitions

S11.9.1

School Counsellor

The School Counsellor is a person appointed as such at the discretion of the Employing Authority to provide a specialist guidance and counselling service within the context of a Catholic School. The School Counsellor is required to address the relevant educational, personal, vocational and social needs of students within the school setting. In the wider context consultation is required with specialist and other personnel as well as various agencies in achieving service delivery. The School Counsellor operates as an integral part of the school's educational team and provides services which are negotiated with and authorised by the School Principal in support of both the Mission of the school and the goals of the school's development plan: Provided that the School Counsellor designation shall not include those persons employed to provide careers advice, work experience or other co-ordinating roles confined to the career/work experience area. S11.9.2

Qualifications

Qualifications of a School Counsellor shall be: (a)

Possession of an appropriate degree with major studies in psychology from a recognised tertiary institution and completion of an approved post graduate counsellor training program of at least one year's duration comprising academic course work, supervised practicum and a professional practices component with appropriate experience and demonstrated competency or other relevant qualifications which are acceptable to the employer.

(b)

Current teacher registration with appropriate experience and demonstrated competency.

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S11.9.3

Skills, knowledge and aptitudes

A School Counsellor shall possess the following typical skills, knowledge and aptitudes, S11.9.4

Highly developed interpersonal communication and human relations skills with awareness and sensitivity to a range of issues arising from guidance assessment and counselling practices. Planning and organisational skills. Skills and knowledge in community liaison and operating with community agencies and other professionals. Ability to deliver counselling services with minimal supervisory direction. Ability to participate in developmental planning processes of the school. Ability to provide advice to senior management in relation to the school's accountability for student welfare. Ability to perform or capacity to be trained to perform current comprehensive educational and psychological testing analysis and diagnosis, and to recommend appropriate strategies. Ability to offer a comprehensive referral service. Ability to liaise with appropriate government departments and agencies. Ability to devise and offer appropriate whole of school support programs for staff and students. Sound knowledge of curriculum provisions and the teaching/learning process. Sound knowledge and understanding of curriculum and developmental issues. Knowledge of relevant legislation within area of competence. Experience

(a)

"Appropriate Experience" as contained in clause S11.9.2(a) and clause S11.9.2(b) means 9 years' experience accumulated either as a Teacher or a Counsellor. In the case of experience as a Counsellor such experience shall have been obtained in a school environment.

(b)

Notwithstanding the provisions of clause 11.9.4(a) an employee who has less than 9 years' appropriate experience but who is: (i)

required to carry out the major and substantial responsibilities of the position of School Counsellor as defined in clause S11.9.1; and

(ii)

who fulfils the qualification requirements contained in clause S11.9.2; and

(iii)

who possesses the skills knowledge and aptitudes contained in clause S11.9.3;

shall be entitled to the full benefits of Schedule 11.

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S11.10

Remuneration

The following scale of minimum salaries shall apply to the School Counsellor position as defined:

First year of service Second year of service Third year of service S11.11

Per Annum $ 64,512 66,547 68,588

Matters reserved

S11.11.1

The parties agree to enter into negotiations on:

(a)

hours of duty of School Counsellors based on existing custom and practice

(b)

other categories of School Counsellor which do not require the level of responsibility, qualifications and experience as the category contained in Schedule 11.

SCHEDULE 12 Brisbane Catholic Education - School Counsellors (Teacher) - Special Education Consultants (Teacher) S12.1

Coverage

Schedule 12 shall apply to School Counsellors (Teacher) and Special Education Consultants (Teacher) employed in schools under the control of Brisbane Catholic Education but shall not apply to such person who are in Holy Orders or who are members of a recognised Religious Order. S12.2

Date of operation

Schedule 12 takes effect from 30 June 2005. Schedule 12 replaces the Teachers' Award (Non Governmental) Schools Brisbane Catholic Education School Counsellors (Teacher), Special Education Consultants (Teacher), Industrial Agreement. S12.3

Contract of employment

Each person appointed to a position of School Counsellor or Special Education Consultant shall be appointed for an initial period of 3 years with a further 3 year appointment subject to satisfactory performance review and continued designation of the position. Subject to continued satisfactory performance and continued designation of the position, the appointee may continue to be employed on a 3 x 3 year basis. A periodic review/appraisal process shall be determined by the Employing Authority. That process shall be in accordance with the principles set out in Schedule 6.

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S12.4

Recognition of prior service

All previous relevant experience as a School Counsellor or Special Education Consultant, either in the Catholic Education system in Queensland or as a School Counsellor or Special Education Consultant with any other school authority in Queensland or other States and Territories within Australia, shall be recognised by the Employing Authority in placing an employee on the appropriate salary step. S12.5

Professional development

The specific nature of an employee's skills require professional development on an ongoing basis. It is the joint responsibility of both the Employing Authority and the employee to have due regard to this requirement. S12.6

Termination of employment

S12.6.1

Should the position of School Counsellor or Special Education Consultant cease to exist within the Brisbane Catholic Education system and the School Counsellor or Special Education Consultant concerned has performed satisfactorily in that position, they shall be guaranteed a teaching position by the Employing Authority and such salary and conditions contained in the Award.

S12.6.2

Provided further that clause S12.6 shall not apply to any employee dismissed for incompetence, misconduct, or neglect of duty, who may be summarily dismissed without notice.

S12.7

Relationship to the Award

All conditions of employment, other than those stated in Schedule 12 shall be in accordance with the Award excepting clauses 1.6.6, 1.6.14 and 5.6.1 of the Award. S12.8

Savings clause

Existing employees shall not have their current conditions, contract of employment or salary reduced by the coming into effect of Schedule 12. S12.9 S12.9.1

Definitions School Counsellor

The School Counsellor is a person appointed as such at the discretion of the Employing Authority to provide a specialist guidance and counselling service within the context of a Catholic School. The School Counsellor is required to address the relevant educational, personal, vocational and social needs of students within the school setting. In the wider context consultation is required with specialist and other personnel as well as various agencies in achieving service delivery.

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The School Counsellor operates as an integral part of the school's educational team and provides services which are negotiated with and authorised by the School Principal in support of both the Mission of the school and the goals of the school's development plan: Provided that the School Counsellor designation shall not include those persons employed to provide careers advice, work experience or other co-ordinating roles confined to the career/work experience area. S12.9.2

Qualifications - School Counsellor

Qualifications of a School Counsellor shall be: (a)

Possession of an appropriate degree with major studies in psychology from a recognised tertiary institution and completion of an approved post graduate counsellor training program of at least one year's duration comprising academic course work, supervised practicum and a professional practices component with appropriate experience and demonstrated competency or other relevant qualifications which are acceptable to the employer.

(b)

Current teacher registration with appropriate experience and demonstrated competency.

S12.9.3

Skills, Knowledge and Aptitudes - School Counsellor

A School Counsellor shall possess the following typical skills, knowledge and aptitudes, S12.9.4

Highly developed interpersonal communication and human relations skills with awareness and sensitivity to a range of issues arising from guidance assessment and counselling practices. Planning and organisational skills. Skills and knowledge in community liaison and operating with community agencies and other professionals. Ability to deliver counselling services with minimal supervisory direction. Ability to participate in developmental planning processes of the school. Ability to provide advice to senior management in relation to the school's accountability for student welfare. Ability to perform or capacity to be trained to perform current comprehensive educational and psychological testing analysis and diagnosis, and to recommend appropriate strategies. Ability to offer a comprehensive referral service. Ability to liaise with appropriate government departments and agencies. Ability to devise and offer appropriate whole of school support programs for staff and students. Sound knowledge of curriculum provisions and the teaching/learning process. Sound knowledge and understanding of curriculum and developmental issues. Knowledge of relevant legislation within area of competence. Special Education Consultant

The Special Education Consultant is a person appointed as such at the discretion of the Employing Authority to provide a consultancy service in relation to special education within the context of a Catholic School.

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The Special Education Consultant is required to co-operatively facilitate the planning, implementation, monitoring and review of programs to meet the special education needs of students, and to interpret assessment results and reports. Enrolment Support Processes are conducted with school communities, necessitating consultation with specialist personnel and agencies in achieving service delivery. The Special Education Consultant provides relevant professional support for those people involved in the delivery of education services to students with special needs. The Special Education Consultant operates as an integral part of the school's educational team and provides services which are negotiated with and authorised by the School Principal in support of both the Mission of the school and the goals of the school's development plan. S12.9.5

Qualifications - Special Education Consultant

Qualifications of a Special Education Consultant shall be; (a)

Possession of an appropriate degree with major studies in special education or related fields; or other relevant qualifications which are acceptable to the employer;

(b)

Current teacher registration with appropriate experience and demonstrated competency.

S12.9.6

Skills, knowledge and aptitudes - Special Education Consultant

A Special Education Consultant shall possess the following typical skills, knowledge and aptitudes: -

Highly developed interpersonal communication and human relations skills with awareness and sensitivity to a range of issues arising from involvement and practices with students with special needs, their parents and teachers.. Highly developed planning and organisational skills. Skills and knowledge in community liaison and operating with community agencies and other professionals. Knowledge of current approaches in service delivery to students with disabilities. Ability to provide service with minimal supervisory direction. Ability to participate in developmental planning processes of the school. Ability to provide recommendations to senior management in relation to the appropriate placement of students with disabilities. Ability to provide advice to senior management in relation to the school's accountability for student welfare. Ability to perform or capacity to be trained to perform current comprehensive educational testing analysis, to interpret analysis and diagnosis, and to recommend appropriate strategies. Ability to offer a comprehensive referral service. Ability to liaise with appropriate government departments and agencies. Ability to devise and offer appropriate whole of school support programs for staff and students. Sound knowledge of curriculum and developmental issues. Knowledge of relevant legislation within area of competence.

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S12.9.7

Experience School Counsellor - Special Education Consultant

(a)

"Appropriate Experience" as contained in clause S12.9.2(a) and clause S12.9.2(b) means 9 years' experience accumulated either as a Teacher or a School Counsellor. In the case of experience as a School Counsellor such experience shall have been obtained in a school environment.

(b)

"Appropriate Experience" as contained in clause S12.9.5(b) means 9 years' experience accumulated either as a Teacher or Special Education Consultant. In the case of experience as a Special Education Consultant such experience shall have been obtained in a school environment.

(c)

Notwithstanding the provisions of clause S12.9.7(a) and clause S12.9.7(b) an employee who has less than 9 years' appropriate experience but who is: (i)

required to carry out the major and substantial responsibilities of the position of School Counsellor or Special Education Consultant as defined in clause S12.9.1 and clause S12.9.4; and

(ii)

who fulfils the qualification requirements contained in clause S12.9.2 and clause S12.9.5; and

(iii)

who possesses the skills knowledge and aptitudes contained in clause S12.9.3 and clause S12.9.6

shall be entitled to the full benefits of Schedule 12. S12.10 Remuneration The following scale of minimum salaries shall apply to the School Counsellor or Special Education Consultant positions as defined.

First year of service Second year of service Third year of service

Per annum $ 64,512 66,547 68,588

SCHEDULE 13 Teaching Staff - The Uniting Church in Australia Property Trust (Q.) Moreton Bay College Occupational Superannuation S13.1

Application

Schedule 13 shall apply to the Logan Uniting Primary School, Moreton Bay College and the Scots PGC Warwick College and eligible employees (as defined) when employed in such schools.

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S13.2

Definitions

S13.2.1

"Eligible employee" means all categories of teaching staff included in the list of callings of the Union. For the purposes of this Schedule, "eligible employee" means teachers employed in a full-time, temporary, part-time, fixed term or casual capacity.

S13.2.2

"The Plan", means The Uniting Church Employees' Superannuation Plan or the Queensland Independent Education Superannuation Scheme.

S13.2.3

"Ordinary time earnings" means:

S13.3

(a)

In the case of full-time teachers the minimum fortnightly salary prescribed from time to time for teachers in clauses 5.1 and 5.2 of the Award, including the amount of any allowance which is prescribed from time to time for teachers by clauses 5.6.1 and 5.6.2 of the Award, and any salary allowance payable to the teacher by administrative arrangement. In the case of parttime and casual teachers the Award formula applied to the appropriate salary rate.

(b)

In the case of other eligible employees; the fortnightly, weekly or monthly salary as the case may be and any salary allowance prescribed in the contract of employment between the employee and employer.

(c)

In the case of all eligible employees; shall exclude allowances paid as reimbursement of expenses and annual leave loading.

Contributions

S13.3.1

The Schools shall contribute to the nominated Plan on behalf of eligible employees an amount calculated at 3% of ordinary time earnings as defined.

S13.3.2

The School shall remit contributions on a monthly basis to the Plan in respect of eligible employees with the exception of casual employees. In the case of casual employees contributions shall be made in respect of all time worked by the employees for the College during the course of any one year extending from 1 January to 31 December. Such contributions shall be made by the School to the Plan at 31 December and 30 June of any one year subsequent to 1 January 1989, provided that prior to the aforementioned dates of remittance the individual employee has applied to join a Plan.

S13.3.3

Under the rules of a Plan, an employee may personally contribute additional fixed amounts to the Plan and arrangements shall be made for authorised deductions from the employee's salary to be forwarded to the Plan management. Notwithstanding the foregoing casual employees shall not be afforded payroll deductions for this purpose, but shall make the appropriate arrangements directly with the Trustee(s) of the Plan.

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S13.3.4

A School may suspend for the applicable period, contributions made on behalf of an employee, if the employee is absent from employment without pay.

S13.3.5

The obligation of a School to contribute to the Plan in respect of an eligible employee shall cease on the last day of such employee's employment with the College.

S13.4 S13.4.1

Freedom of choice Each eligible employee shall be given equal access to all information concerning the approved occupational superannuation plans, as defined in clause S13.2.2. Such information shall be made available by the relevant School and the Union for the employee's consideration, in order that the employee is able to make an informed choice as to which approved occupational superannuation plan the employee wishes to make the contribution(s) specified in clause S13.3. The Schools and the Union undertake to honour the intent of clause S13.4.

S13.4.2

Contributions shall be made to the Plan by the School on the written application of eligible employees.

S13.4.3

When a new employee commences in employment, the School shall advise the employee in writing of the employee's entitlements under this Schedule, within 2 weeks of the date of commencement of employment.

S13.5

Transfer between plans

If an employee is eligible to belong to more than one Plan, the employee shall be entitled to notify the School that the employee wishes the School to pay contributions in respect of the employee to the alternative Plan included in clause S13.2.2 but shall not be entitled to do so until the expiration of 3 years from the notification made by the employee pursuant to clause S13.4.2 or after the expiration of 3 years from the last notification made by the employee pursuant to clause 13.2. The School shall only be obliged to make such contributions to the new Plan where the School has been advised in writing: (a)

of the employee's application to join the other Plan; and

(b)

that the employee has notified the Trustees of the employee's former Plan that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that Plan.

S13.6

General

No additional amount shall be paid by the College for the establishment, administration, management or any other charges in connection with the Plan apart from the remittance of contributions on a regular basis. S13.7

Operation of Schedule

Schedule l3 takes effect from 30 June 2005. This schedule replaces the Teaching Staff - The Uniting Church In Australia Property Trust (Q.) Moreton Bay College Occupational Superannuation, Industrial Agreement.

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SCHEDULE 14 Teaching Staff - Emmanuel Education Limited trading as Emmanuel College, Carrara S14.1

Application

Schedule 14 shall apply to Emmanuel Education Limited trading as Emmanuel College, Carrara hereinafter referred to as the College and eligible employees (as defined) when employed by such College. S14.2

Definitions

S14.2.1

"Eligible employee" means all categories of teaching staff included in the list of callings of the Union. For the purposes of Schedule 14, "eligible employee" means teachers employed in a full-time, temporary, part-time, fixed term or casual capacity.

S14.2.2

"The Plan" means the National Mutual Tailored Superannuation Fund or the Queensland Independent Education Superannuation Scheme.

S14.2.3

"Ordinary time earnings" means":

S14.3

(a)

In the case of full-time teachers the minimum fortnightly salary prescribed from time to time for teachers in clauses 5.1 and 5.2 of the Award, including the amount of any allowance which is prescribed from time to time for teachers by clauses 5.6.1 and 5.6.2 of the Award, and any salary allowance payable to the teacher by administrative arrangement. In the case of parttime and casual teachers the Award formula applied to the appropriate salary rate.

(b)

In the case of other eligible employees; the fortnightly, weekly or monthly salary as the case may be and any salary allowance prescribed in the contract of employment between the employee and employer.

(c)

In the case of all eligible employees; shall exclude allowances paid as reimbursement of expenses and annual leave loading.

Contributions

S14.3.1

The College shall contribute to the nominated Plan on behalf of eligible employees an amount calculated at 3% of ordinary time earnings as defined.

S14.3.2

The College shall remit contributions on a monthly basis to the Plan in respect of eligible employees with the exception of casual employees. In the case of casual employees contributions shall be made in respect of all time worked by the employees for the College during the course of any one year extending from 1 January to 31 December. Such contributions shall be made by the College to the Plan at 31 December and 30 June of any one year subsequent to 1 January 1989, provided that prior to the aforementioned dates of remittance the individual employee has applied to join a Plan.

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S14.3.3

Under the rules of a Plan, an employee may personally contribute additional fixed amounts to the Plan and arrangements shall be made for authorised deductions from the employee's salary to be forwarded to the Plan management. Notwithstanding the foregoing casual employees shall not be afforded payroll deductions for this purpose, but shall make the appropriate arrangements directly with the Trustee(s) of the Plan.

S14.3.4

The College may suspend for the applicable period, contributions made on behalf of an employee, if the employee is absent from employment without pay.

S14.3.5

The obligation of the College to contribute to the Plan in respect of an eligible employee shall cease on the last day of such employee's employment with the College.

S14.4 S14.4.1

Freedom of choice Each eligible employee shall be given equal access to all information concerning the approved Occupational Superannuation Plans, as defined in clause S14.2.2. Such information shall be made available by the relevant College and the Union for the employee's consideration, in order that the employee is able to make an informed choice as to which approved Occupational Superannuation Plan the employee wishes the College to make the contribution(s) specified in clause S14.3. The College and the Union undertake to honour the intent of clause S14.4.

S14.4.2

Contributions shall be made to the Plan by the College on the written application of eligible employees.

S14.4.3

When a new employee commences in employment, the College shall advise the employee in writing of the employee's entitlements under Schedule 14, within 2 weeks of the date of commencement of employment.

S14.5

Transfer between plans

If an employee is eligible to belong to more than one Plan, the employee shall be entitled to notify the College that the employee wishes the College to pay contributions in respect of the employee to the alternative Plan included in clause S14.2.2 but shall not be entitled to do so until the expiration of 3 years from the notification made by the employee pursuant to clause S14.4.2 or after the expiration of 3 years from the last notification made by the employee pursuant to clause S14.5. The College shall only be obliged to make such contributions to the new Plan where the College has been advised in writing : (a)

of the employee's application to join the other Plan; and

(b)

that the employee has notified the Trustees of the employee's former Plan that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that Plan.

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S14.6

General

No additional amount shall be paid by the College for the establishment, administration, management or any other charges in connection with the Plan apart from the remittance of contributions on a regular basis. S14.7

Operation of Schedule

Schedule 14 takes effect from 30 June 2005. Schedule 14 replaces the Teaching Staff - Emmanuel Education Limited Trading As Emmanuel College Carrara Occupational Superannuation, Industrial Agreement.

SCHEDULE 15 Teaching Staff - Board of Governors - Blackheath and Thornburgh College, Charters Towers S15.1

Application

This Schedule shall apply to Blackheath and Thornburgh College, Charters Towers hereinafter referred to as the College and eligible employees (as defined) when employed by such College. S15.2

Definitions

S15.2.1

"Eligible employee" means all categories of teaching staff included in the List of Callings of the Union. For the purposes of this Schedule, "eligible employee" means teachers employed in a full-time, temporary, part-time, fixed term or casual capacity.

S15.2.2

"The Plan" means: Queensland Independent Education and Care Superannuation Scheme, or Sunsuper, or BT Business Super. Provided that employees who were contributing to Commonwealth Life or AXA Australia superannuation funds as at 1 July 2004 may remain in either of those funds.

S15.2.3

"Ordinary time earnings" means: (a)

In the case of full-time teachers the minimum fortnightly salary prescribed from time to time for teachers in clauses 5.1 and 5.2 of the Award , including the amount of any allowance which is prescribed from time to time for teachers by clauses 5.6.1 and 5.6.2 of the Award, and any salary allowance payable to the teacher by administrative arrangement. In the case of parttime and casual teachers the Award formula applied to the appropriate salary rate.

(b)

In the case of other eligible employees; the fortnightly, weekly or monthly salary as the case may be and any salary allowance prescribed in the contract of employment between the employee and Employer.

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(c)

S15.3

In the case of all eligible employees; shall exclude allowances paid as reimbursement of expenses and annual leave loading.

Contributions

S15.3.1

The College shall contribute to the nominated Plan on behalf of eligible employees an amount calculated at 3% of ordinary time earnings as defined.

S15.3.2

The College shall remit contributions on a monthly basis to the Plan in respect of eligible employees with the exception of casual employees. In the case of casual employees contributions shall be made in respect of all time worked by the employees for the College during the course of any one year extending from 1 January to 31 December. Such contributions shall be made by the College to the Plan at 31 December and 30 June of any one year subsequent to 1 January 1989, provided that prior to the aforementioned dates of remittance the individual employee has applied to join a Plan.

S15.3.3

Under the rules of a Plan, an employee may personally contribute additional fixed amounts to the Plan and arrangements shall be made for authorised deductions from the employee' salary to be forwarded to the Plan management. Notwithstanding the foregoing casual employees shall not be afforded payroll deductions for this purpose, but shall make the appropriate arrangements directly with the Trustee(s) of the Plan.

S15.3.4

The College may suspend for the applicable period, contributions made on behalf of an employee, if the employee is absent from employment without pay.

S15.3.5

The obligation of the College to contribute to the Plan in respect of an eligible employee shall cease on the last day of such employee's employment with the College.

S15.4 S15.4.1

Freedom of choice Each eligible employee shall be given equal access to all information concerning the approved occupational superannuation plans, as defined in clause S15.2.2. Such information shall be made available by the relevant College and the Union for the employee's consideration, in order that the employee is able to make an informed choice as to which approved occupational superannuation plan the employee wishes the College to make the contribution(s) specified in clause S15.3.3 The College and the Union undertake to honour the intent of clause S15.4.

S15.4.2

Contributions shall be made to the Plan by the College on the written application of eligible employees.

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S15.4.3

S15.5

When a new employee commences in employment, the College shall advise the employee in writing of the employee's entitlements under this Schedule, within 2 weeks of the date of commencement of employment. Transfer between plans

If an employee is eligible to belong to more than one Plan, the employee shall be entitled to notify the College that the employee wishes the College to pay contributions in respect of the employee to the alternative Plan included in clause S15.2.2 but shall not be entitled to do so until the expiration of 3 years from the notification made by the employee pursuant to clause S13.4.2 or after the expiration of 3 years from the last notification made by the employee pursuant to this clause. The College shall only be obliged to make such contributions to the new Plan where the College has been advised in writing: (a)

of the employee's application to join the other Plan; and

(b)

that the employee has notified the Trustees of the employee's former Plan that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that Plan.

S15.6

General

No additional amount shall be paid by the College for the establishment, administration, management or any other charges in connection with the Plan apart from the remittance of contributions on a regular basis. S15.7

Operation of Schedule

Schedule 15 takes effect from 30 June 2005. This Schedule replaces the Teaching Staff - Board Of Governors - Blackheath And Thornburgh College, Charters Towers Occupational Superannuation, Industrial Agreement.

SCHEDULE 16 AB Paterson College Ltd S16.1

Coverage

Schedule 16 shall apply to the AB Paterson College Ltd. and to all employees of that College who are covered by the Award. S16.2

Approval fund

Notwithstanding the provisions of the Award the Prudential Select Superannuation Plan shall be an approved fund (in addition to those funds identified in the Award) for employees covered by Schedule 16.

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S16.3

Fund

"Fund" means: Queensland Independent Education and Care Superannuation Scheme, or Colonial First State - First Choice Employer Super, or BT Business Super. S16.4

Operation of Schedule

Schedule 16 takes effect from 30 June 2005. This Schedule replaces the Teachers' Award (NonGovernmental) Schools - AB Paterson College Ltd Superannuation, Industrial Agreement.

SCHEDULE 17 Montessori School Limited of Fig Tree Pocket S17.1

Application

Schedule 17 shall apply to Montessori School Limited of Fig Tree Pocket hereinafter referred to as the School and eligible employees (as defined) when employed by such school. S17.2

Definitions

S17.2.1

"Eligible Employee" means all categories of teaching staff included in the list of callings of the Union. For the purposes of Schedule 17, "eligible employee" means teachers employed in a full-time, temporary, part-time, fixed term or casual capacity.

S17.2.2

"The Plan", means: Sunsuper or The Queensland Independent Education Superannuation Scheme.

S17.2.3

"Ordinary time earnings" means:

(a)

In the case of full-time teachers the minimum fortnightly salary prescribed from time to time for teachers in clauses 5.1 and 5.2 of the Award, including the amount of any allowance which is prescribed from time to time for teachers by clauses 5.6.1 and 5.6.2 of the Award, and any salary allowance payable to the teacher by administrative arrangement. In the case of part-time and casual teachers the Award formula applied to the appropriate salary rate.

(b)

In the case of other eligible employees: the fortnightly, weekly or monthly salary as the case may be and any salary allowance prescribed in the contract of employment between the employee and employer.

(c)

In the case of all eligible employees: shall exclude allowances paid as reimbursement of expenses and annual leave loading.

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S17.3

Contributions

S17.3.1

The School shall contribute to the nominated Plan on behalf of eligible employees an amount calculated at 3% of ordinary time earnings as defined.

S17.3.2

The School shall remit contributions on a monthly basis to the Plan in respect of eligible employees with the exception of casual employees. In the case of casual employees contributions shall be made in respect of all time worked by the employees for the individual School during the course of any one year extending from 1 January to 31 December. Such contributions shall be made by the School to the Plan at 31 December and 30 June of any one year subsequent to 1 January 1989, provided that prior to the aforementioned dates of remittance the individual employee has applied to join a Plan.

S17.3.3

Under the rules of a Plan, an employee may personally contribute additional fixed amounts to the Plan and arrangements shall be made for authorised deductions from the employee's salary to be forwarded to the Plan management. Notwithstanding the foregoing casual employees shall not be afforded payroll deductions for this purpose, but shall make the appropriate arrangements directly with the Trustee(s) of the Plan.

S17.3.4

The school may suspend for the applicable period, contributions made on behalf of an employee, if the employee is absent from employment without pay.

S17.3.5

The obligation of the School to contribute to the Plan in respect of an eligible employee shall cease on the last day of such employee's employment with the School.

S17.4 S17.4.1

Freedom of choice Each eligible employee shall be given equal access to all information concerning the approved occupational superannuation plans, as defined in clause S17.2.2. Such information shall be made available by the relevant School and the Union for the employee's consideration, in order that the employee is able to make an informed choice as to which approved occupational superannuation plan the employee wishes the Employing Authority to make the contribution specified in clause S17.3. The Corporation and the Union undertake to honour the intent of clause S17.4.

S17.4.2

Contributions shall be made to the Plan by the School on the written application of eligible employees.

S17.4.3

When a new employee commences in employment, the School shall advise the employee in writing of the employee's entitlements under this Schedule, within 2 weeks of the date of commencement of employment.

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S17.5

Transfer between plans

If an employee is eligible to belong to more than one Plan, the employee shall be entitled to notify the school that the employee wishes the School to pay contributions in respect of the employee to the alternative Plan included in clause S17.2.2 but shall not be entitled to do so until the expiration of 3 years from the notification made by the employee pursuant to clause S17.4.2 or after the expiration of 3 years from the last notification made by the employee pursuant to clause S17.5. The School shall only be obliged to make such contributions to the new Plan where the School has been advised in writing: (a)

of the employee's application to join the other Plan, and

(b)

that the employee has notified the Trustees of the employee's former Plan that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that Plan.

S17.6

General

No additional amount shall be paid by the School for the establishment, administration, management or any other charges in connection with the Plan apart from the remittance of contributions on a regular basis. S17.7

Operation of Schedule

This Schedule takes effect from 30 June 2005. This schedule replaces the Teaching Staff Montessori School Limited Of Fig Tree Pocket Occupational Superannuation, Industrial Agreement.

SCHEDULE 18 Teaching Staff - Catholic Schools (Queensland) Occupational Superannuation S18.1

Application

Schedule 18 shall apply to the Employing Authorities and eligible employees (as defined) when employed in schools under the control of the Employing Authorities in the State of Queensland. S18.2 S18.2.1

Definitions "Eligible Employee" means all categories of teaching staff included in the list of callings of the Union, and in particular those employees designated Teacher, Teacher on Secondment, Deputy Principal, Assistant to the Principal (Religious Education) and Assistant to the Principal (Administration). Notwithstanding the foregoing, "eligible employee" also means teachers employed in a full-time, temporary, part-time, fixed term or casual capacity.

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S18.2.2 (a)

"The Plan" means: Queensland Roman Catholic Retirement Plan as amended and the Queensland Independent Education Superannuation Scheme in the case of the following: Lourdes Hill College Ltd Trustees of the Sisters of the Brigidine Congregation Trustees of the Christian Brothers, (Queensland The Sisters' of St. Joseph of the Most Sacred Heart of Jesus Corporation of the Sisters of Mercy of the Diocese of Rockhampton Institute of the Missionery Franciscan Sisters of the Immaculate Conception The Association of the Franciscan Order of Friars Minor Corporation of the Sisters of Mercy of the Diocese of Townsville Corporation of the Sisters of Mercy of the Diocese of Cairns Congregation of the Religious Sisters of Charity of Australia Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland Corporation of the Trustees of the Presentation Sisters in Queensland Provincial of the Order of Hermits of Saint Augustine in Australia Loreto Properties Association. Council of Stuartholme School Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane Roman Catholic Trust Corporation for the Diocese of Cairns Roman Catholic Trust Corporation for the Diocese of Rockhampton Roman Catholic Trust Corporation for the Diocese of Townsville.

(b)

National Catholic Superannuation Fund and the Queensland Independent Education Superannuation Scheme in the case of: Trustees of the Marist Brothers Community of Ursuline Nuns Corporation of the Society of the Missionaries of the Sacred Heart Toowoomba Corporation of the Roman Catholic Diocese of Toowoomba;

(c)

in the case of the Trustees of the Da La Salle Brothers, The De La Salle/Brigidine Superannuation Fund and the Queensland Independent Education Superannuation Scheme;

(d)

in the case of the Corporation of the Oblates of Mary Immaculate, Iona College Superannuation Fund and the Queensland Independent Education Superannuation Scheme.

S18.2.3 (a)

"Ordinary time earnings" means:

in the case of teachers the minimum fortnightly salary prescribed from time to time for teachers in clauses 5.1 and 5.2 of the Award, including the amount of any allowance which is prescribed from time to time for teachers by clauses 5.6.1 and 5.6.2 of the Award, and any salary allowance payable to the teacher by administrative arrangement;

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(b)

in the case of other eligible employees; the fortnightly salary and any salary allowance prescribed in the contract of employment between the employee and the Employing Authority;

(c)

in the case of all eligible employees; shall exclude allowances paid as reimbursement of expenses and annual leave loading.

S18.3

Contributions

S18.3.1

The Employing Authority shall contribute to the Plan on behalf of eligible employees an amount calculated at 3% of ordinary time earnings. Contributions shall commence to be paid from:

(a)

in the case of employees who are employed at 1 January 1989, at the rate of 1.5% from 1 January 1989 and a further 1.5% from 1 July 1989;

(b)

notwithstanding the foregoing those employees of the Marist Brothers' College, Ashgrove received a 1.5% contribution by administrative concession from 1 January 1988 will not receive a further 1.5% contribution until 1 July 1989;

(c)

in the case of employees who are employed subsequent to 1 January 1989 and prior to 1 July 1989 the rate of 1.5% from the employees' date of commencement with a further 1.5% payable from 1 July 1989;

(d)

in the case of employees who are employed subsequent to 1 July 1989 at the rate of 3% from the employees' date of commencement.

S18.3.2

The Employing Authorities shall remit contributions on a monthly basis to the Plan in respect of eligible employees with the exception of casual employees. In the case of casual employees contribution shall be made in respect of all time worked by the employees for the individual Employing Authorities during the course of any one year extending from 1 January to 31 December. Such contributions shall be made by the Employing Authorities to the Plan at 31 December and 30 June of any one year subsequent to 1 January 1989, provided that prior to the aforementioned dates of remittance the individual employee has applied to join the Plan.

S18.3.3

Under the rules of the Plan, an employee may personally contribute additional fixed amounts to the Plan and arrangements shall be made for authorised deductions from the employee's pay to be forwarded to the Plan management. Notwithstanding the foregoing casual employees shall not be afforded payroll deductions for this purpose, but shall make the appropriate arrangements directly with the Trustee(s) of the Plan.

S18.3.4

The Employing Authorities may suspend for the applicable period, contributions made on behalf of an employee, if the employee is absent from employment without pay.

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S18.3.5

S18.4

The obligation of an Employing Authority to contribute to the Plan in respect of an eligible employee shall cease on the last day of such employee's employment with the Employing Authority. Freedom of choice

S18.4.1

Each eligible employee shall be given equal access to all information concerning the approved occupational superannuation plans, as defined in clause S18.2.2. Such information shall be made available by the relevant Employing Authority and the Union for the employee's consideration, in order that the employee is able to make an informed choice as to which approved occupational superannuation plan the employee wishes the Employing Authority to make the contribution(s) specified in clause S18.3. The Employing Authorities and the Union undertake to honour the intent of clause S18.4.

S18.4.2

Contributions shall be made to the Plan by Employing Authorities on the written application of eligible employees.

S18.4.3

When a new employee commences in employment, the Employing Authority shall advise the employee in writing of the employee's entitlements under this Schedule, within 2 weeks of the date of commencement of employment.

S18.5

Transfer between plans

If an employee is eligible to belong to more than one Plan, the employee shall be entitled to notify the Employing Authority that the employee wishes the Employing Authority to pay contributions in respect of the employee to the alternative Plan included in clause S18.2.2 but shall not be entitled to do so until the expiration of 3 years from the notification made by the employee pursuant to clause S18.4.2 or after the expiration of 3 years from the last notification made by the employee pursuant to clause S18.5. The Employing Authority shall only be obliged to make such contributions to the new Plan where the Employing Authority has been advised in writing:

S18.6

(a)

of the employee's application to join the other Plan, and

(b)

that the employee has notified the Trustees of the employee's former Plan that the employee no longer wishes the contributions which are paid on the employee's behalf to be paid to that Plan.

General

No additional amount shall be paid by the Employing Authorities for the establishment, administration management or any other charges in connection with the Plan apart from the remittance of contributions on a regular basis. S18.7

Date of operation

Schedule 18 takes effect from 30 June 2005. Schedule 18 replaces the Teaching Staff-Catholic Schools (Queensland) Occupational Superannuation, Industrial Agreement.

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SCHEDULE 19

Minimum wages and allowances - Catholic Education Employing Authorities 19.1

The minimum rate of pay for Teachers will be as follows: per fortnight $

per annum $

Step 1 Step 2 Step 3 Step 4

1,323.90 1,361.50 1,407.20 1,455.70

34,540 35,521 36,713 37,978

Step 1 Step 2 Step 3 Step 4 Step 5

1,496.20 1,579.30 1,661.90 1,744.90 1,828.10

39,035 41,203 43,358 45,523 47,694

Step 1 Step 2 Step 3 Step 4

1,897.40 1,967.00 2,036.10 2,109.60

49,502 51,318 53,120 55,038

Classification Band 1

Band 2

Band 3

19.2

The minimum rate of pay for Positions of Added Responsibility will be as follows: Classification

Deputy Principal 1st year 2nd year 3rd year 4th year 5th year APA'S & APRE'S 1st year 2nd year 3rd year

per fortnight $

per annum $

2,477.80 2,535.90 2,599.50 2,663.30 2,729.70

64,644 66,160 67,819 69,484 71,216

2,416.90 2,477.80 2,535.90

63,055 64,644 66,160

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Schedule 19 – inserted – operative 20/2/06

Sep-08

126

19.3

The minimum rate of allowances will be as follows: per hour $

Classification Middle management allowance Level 1 - 1 Pt Level 2 - 2 Pt Level 3 - 3 Pt Level 4 - 4 Pt AST 1 BCE AST 2 BCE AST 1 other than BCE Leading Teacher Moderation 2 Teachers 1 Teacher Secondment Allowance First year Second year Third year Overtime

per fortnight $

per annum $

87.78 160.53 233.18 305.88

2,290 4,188 6,084 7,980

87.78 154.24 66.46 87.78

2,290 4,024 1,734 2,290

19.58 13.22

511 345

65.35 81.11 97.23

1,705 2,116 2,537

14.64

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

127

SCHEDULE 20 Minimum wages and allowances - Anglican Employing Authorities S20.1

The minimum rate of pay for Teachers will be as follows: Teachers Band 1 Step 1 Step 2 Step 3 Step 4 Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4

$ Per fortnight 1,371.00 1,409.10 1,455.65 1,505.15 1,546.25 1,628.35 1,713.00 1,798.50 1,884.10 1,955.55 2,027.15 2,098.55 2,169.95

Senior Teacher

2,260.15

PAR Point

78.80

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Schedule 20 – inserted – operative 22/03/06

Sep-08

128

SCHEDULE 21 Minimum Wages - Lutheran Schools The minimum rates of pay for adult employees per week in the Southern Division (Eastern District) shall be as follows: S21.1

The minimum rate of pay for Teachers will be as follows: Teachers

$ per fortnight 4%

Band 1 Step 1 Step 2 Step 3 Step 4 Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4 Masters Degree/2 Degrees Moderation Allowance

1,377.60 1,416.70 1,464.20 1,514.80 1,557.00 1,643.20 1,729.30 1,815.70 1,902.40 1,974.40 2,046.80 2,118.70 2,195.20 2,195.20 20.40 13.50 7.30 91.40 160.40

Northern Allowance LT1 Allowance LT2 Allowance S21.2

The minimum rate of pay for Positions of Added Responsibility will be as follows: Positions of Added Responsibility Senior Administrator Head of Dept

Coordinator

Min Max Level 1 Level 2 Level 3 Level 4 Level 1 Level 2 Level 3 Level 4

$ per fortnight 2,513.60 2,935.20 421.70 365.50 258.50 179.80 163.10 140.50 117.00 93.40

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA) Schedule 21 – inserted – operative 22/03/06

Sep-08

129

TEACHERS’ AWARD – NON-GOVERNMENTAL SCHOOLS 2003 (NAPSA) AWARD VARIATION INDEX (This Index is not part of the Award) Clauses Varied New Award Issued

Nature of Change 2003 Award Review

Operative Date 1 December 2003

Clause 6.2

2003 Award Review Correction of Error Wages and allowances increased by 2004 General Ruling Occupational Superannuation provisions amended Wages and allowances increased by 2005 General Ruling Schedules inserted and general amendments actioned

1 December 2003

Rates increased due to 1987 Review Clause 1.2 and Clause 7.9 Jury Service provisions amended Clause 1.2 (Part 4) & Clauses Termination, Change & 4.10 & 4.11 inserted Redundancy Provisions replaced Clause 11.4.1 and 11.4.2 Trade Union training leave Clause 1.2 and clause 5.9 and Minimum wages and Schedule 19 inserted allowances for Catholic Education employing Authorities inserted Clause 1.2 amended and Clause Minimum wages and 5.9.2 and Schedule 20 inserted allowances for Anglican Employing Authorities Clause 1.2 amended and Clause Minimum wages for Lutheran 5.9.3 and Schedule 21 inserted Schools Wage Ready Reckoner 2006 AFPC wage increase Wage Ready Reckoner 2007 AFPC wage increase Wage Ready Reckoner 2008 AFPC wage increase

1 September 2005

Clauses 5.1.1, 5.1.2, 5.2.2, 5.4.4, 5.6.1 & 5.6.2 Clauses 5.8.2(a), (c) & (d) Clauses 5.1.1, 5.1.2, 5.2.2, 5.4.4, 5.6.1 & 5.6.2 Clauses 1.2, 5.6.2(b) and 6.2 amended and 5.4.9, 5.6.1(c), 6.1.4 and Schedules 4 – 18 inserted Clauses 5.1.1, 5.2.1 and 5.2.2

1 September 2004 1 January 2005 1 September 2005 30 June 2005

15 September 2005 9 December 2005 19 December 2005 20 February 2006

22 March 2006 22 March 2006 1 December 2006 ppc 1 October 2007 ppc 1 October 2008

(This index should be inserted at the back of the Award)

Teachers’ Award – Non-Governmental Schools 2003 (NAPSA)

Sep-08

AVI-1

EMPLOYER SERVICES School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Wage Rates Applicable from ppc 1 October 2008 Level

1

2

3

4

5

6

7

Step

Weekly

Part Time Hourly

Casual (23%)

1

$585.20

$15.40

$18.94

2

$593.94

$15.63

$19.22

3

$601.92

$15.84

$19.48

4

$610.66

$16.07

$19.77

1

$618.64

$16.28

$20.02

2

$630.42

$16.59

$20.41

3

$637.64

$16.78

$20.64

1

$637.64

$16.78

$20.64

2

$647.14

$17.03

$20.95

3

$666.52

$17.54

$21.57

4

$679.06

$17.87

$21.98

1

$685.52

$18.04

$22.19

2

$698.06

$18.37

$22.60

3

$710.60

$18.70

$23.00

1

$727.32

$19.14

$23.54

2

$734.92

$19.34

$23.79

3

$747.46

$19.67

$24.19

1

$758.86

$19.97

$24.56

2

$788.88

$20.76

$25.53

3

$818.90

$21.55

$26.51

4

$849.68

$22.36

$27.50

5

$877.04

$23.08

$28.39

1

$890.34

$23.43

$28.82

2

$902.88

$23.76

$29.22

3

$915.04

$24.08

$29.62

4

$931.76

$24.52

$30.16

5

$948.48

$24.96

$30.70

This wage summary overrides rates provided for in clause 5.4.1 of this Award.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Every effort has been made to ensure that this Wage Ready Reckoner is free from error and/or omissions – operative ppc 01/10/08

i

SCHOOL OFFICERS' AWARD - NON-GOVERNMENTAL SCHOOLS 2003 (NAPSA) PART 1 - APPLICATION AND OPERATION 1.1

Title

This Award is known as the School Officers' Award - Non-Governmental Schools 2003. 1.2

Arrangement

Subject Matter

Clause No.

PART 1 - APPLICATION AND OPERATION Title Arrangement Award coverage Date of operation Parties bound Divisions and districts Definitions Leave reserved

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8

PART 2 - FLEXIBILITY Enterprise flexibility

2.1

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure

3.1

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment Part-time employment Casual employment Employment of term-time and fixed period employees Termination of employment Introduction of changes Redundancy Continuity of service - transfer of calling

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 New Award – 2003 Award Review – operative 14/07/03

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8

1

PART 5 - WAGES AND WAGE RELATED MATTERS Classification process Incremental advancement Recognition of previous service for salary purposes Wages Divisional and district parities Occupational superannuation Payment of salaries Allowances

5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work Overtime Rest pauses Meal break

6.1 6.2 6.3 6.4

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave Sick leave Family leave Bereavement leave Long service leave Public holidays Jury Service

7.1 7.2 7.3 7.4 7.5 7.6 7.7

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 - TRAINING AND RELATED MATTERS Training

9.1

PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES No provisions inserted in this Award relevant to this Part. PART 11 - AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry Time and wages record Union encouragement Trade union training leave

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 1.2 – (Part 7) – amended – operative 15/09/05

11.1 11.2 11.3 11.4

2

SCHEDULES Schedule 1 Schedule 2 Schedule 3 Schedule 4 1.3

Coverage and Classification Levels – Characteristics and Duties Minimum wages – Catholic Education Employing Authorities Minimum wages – Anglican Employing Authorities Minimum wages – Lutheran Schools

Award coverage

1.3.1

This Award shall apply to employers and their respective employees employed in nongovernmental schools throughout Queensland.

1.3.2

This Award shall apply to those employees employed at non-governmental schools who are not employed as teachers but whose duties are ancillary to and/or involved in the educational process: and who may have been described as teacher aides, librarians, library aides, laboratory assistants, audio-visual aides, scientific personnel, school secretaries, school assistants, school officers and other non-teaching employees; but excluding persons employed as groundspersons; nurses; builders; carpenters; manual labourers; estate hands; bus drivers; cleaners; cooks; domestics; kitchen hands; laundresses/seamstresses; domestic housemaids; housekeepers; school maintenance assistants, waiters; and boarding supervisors who are not teachers.

1.3.3

Notwithstanding clause 1.3.2, this Award shall not apply to those employees employed at nongovernmental schools who may be commonly described as bursars, school accountants and managers.

1.3.4

Partial Exemption (a)

As an alternative to being subject to all award clauses, a full-time employee remunerated in excess of the highest award level prescribed in this Award for a Level 7 employee, may mutually agree in writing with the employer not to be bound by Part 6, namely: - hours of work; - breaks; - overtime; - shift work; and - weekend work.

(b)

A copy of the terms of the agreement will be supplied to the employee.

(c)

There will be taken to be mutual agreement for the purposes of clause 1.3.4(a) if an employer employed a School Officer and remunerated that employee at a level in excess of the highest award level prescribed for Level 6 in this Award prior to 15 November 2004.

(d)

The overall terms and conditions of employment agreed under clause 1.3.4 must not be less favourable than the provisions of this Award as a whole for an employee classified as Level 7 and the employee shall not be disadvantaged by the agreement, taking into the consideration the award rate the employee would otherwise have been paid to the maximum of Level 7 under the Award, had the employee not entered into such agreement.

(e)

For any agreement entered into under clause 1.3.4 and, in accordance with section 366(2) of the Act, there will be no requirement for the employer to keep particulars of the employees' starting and finishing times each day.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 1.2 – (Schedule 3 & 4) – inserted – operative 22/03/06 Clause 1.2 – (Schedule 2) – inserted – operative 20/2/06 Clause 1.2 – (Schedule 1) – inserted – operative 8/06/05

3

(f) If an employee considers that the employee has been disadvantaged by the agreement, this issue must be addressed between the employer and the employee in the manner prescribed in clause 3.1 (Grievance and dispute settling procedure). No claim for unpaid wages resulting from clause 1.3.4 may be made under the Act until the grievance and dispute settling procedure under this Award has been concluded.

1.4

(g)

If the employee subject to an agreement under clause 1.3.4 is required to work on a public holiday, to be taken at a mutually agreed time or extra time (equal to the time actually worked on the public holiday) added to the employee's annual leave entitlement.

(h)

An employer or an employee may withdraw from an agreement to be paid in accordance with clause 1.3.4 by the giving of the quantum of notice required by clause 4.5 of this Award.

Date of operation

This Award takes effect from 14 July 2003. 1.5

Parties bound

This Award is legally binding upon the employees as prescribed by clause 1.3 and their employers, and the Queensland Independent Education Union of Employees and its members. 1.6

Divisions and districts

1.6.1

Divisions (a)

Northern Division - That portion of the State along or north of a line commencing at the junction of the sea coast with the 21st parallel of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due south to 22 degrees 30 minutes of south latitude; from that latitude due west to the western border of the State.

(b)

Mackay Division - That portion of the State within the following boundaries: Commencing at the junction of the sea-coast with the 21st parallel of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due south to 22 degrees of south latitude; from that latitude due east to the sea coast; from the sea-coast northerly to the point of commencement.

(c)

Southern Division - That portion of the State not included in the Northern or Mackay Divisions.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

3(a)

1.6.2

Districts (a) Northern Division Eastern District - That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude. Western District - The remainder of the Northern Division. (b) Southern Division: Eastern District - That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; from that longitude due north to 25 degrees of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due north to the southern boundary of the Mackay Division. Western District - The remainder of the Southern Division.

1.7

Definitions

1.7.1

The "Act" shall be taken to mean the Industrial Relations Act 1999 as amended or replaced from time to time.

1.7.2

The "Commission" means the Queensland Industrial Relations Commission.

1.7.3

"Union" means the Queensland Independent Education Union of Employees.

1.8

Leave reserved

1.8.1

Training and education - the parties will continue discussions to consider the relevance and viability of the addition of competencies and associated training modules to the classification and remuneration structure.

1.8.2

7th level for classification structure - the parties agree to discuss and consider the development of a further level in the structure.

1.8.3

Performance appraisal.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

4

PART 2 - FLEXIBILITY 2.1

Enterprise flexibility

2.1.1

As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace.

2.1.2

The consultative processes established in an enterprise in accordance with clause 2.1 may provide an appropriate mechanism for consideration of matters relevant to clause 2.1.1 Union delegates at the place of work may be involved in such discussions.

2.1.3

Any proposed genuine agreement reached between an employer and employees in an enterprise is contingent upon the agreement being submitted to the Commission in accordance with chapter 6 of the Act and is to have no force or effect until approval is given.

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1

Grievance and dispute settling procedure

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer (including disagreements arising from the review of the classification level attached to an employees position, which has been dealt with in terms of clauses 5.1.2 and 5.1.3 of this Award) in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.1.1

In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.

3.1.2

If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee’s representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative.

3.1.3

If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.5.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Part 3 – replaced – operative 12/07/04

5

3.1.4

If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall, in the case of a member of the Union, be reported to the relevant officer of the Union and the senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.

3.1.5

If, after discussion between the parties, or their nominees mentioned in clause 3.1.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act.

3.1.6

Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.

3.1.7

The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

3.1.8

All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.

3.1.9

Any Order or Decision of the Commission (subject to the parties’ right of appeal under the Act) will be final and binding on all parties to the dispute.

3.1.10

Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 4.1.1

Contract of employment Each employee other than a casual employee shall be advised in writing at point of engagement and at other times when varied in accordance with this Award, the following: (a)

The nature of engagement as either full-time or such other category as provided in clause 4.1.2.

(b)

If not full-time, the weeks the employee is to be employed.

(c)

The days of the week the employee is to be employed.

(d)

The normal starting and finishing time for each day's employment.

(e)

The duration of the engagement in respect of employment for a fixed period.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Part 3 – replaced – operative 12/07/04

6

4.1.2

4.1.3

4.2 4.2.1

Employment categories are: (a)

full-time which means an employee engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum;

(b)

part-time (as prescribed in clause 4.2);

(c)

casual (as prescribed in clause 4.3); or

(d)

term-time employee (as prescribed in clause 4.4); or

(e)

fixed period employee (as prescribed in clause 4.4).

Subject to clauses 4.6 and 4.7, an employer may vary the terms of engagement of any employee other than a casual employee by providing 2 weeks' notice of such changes unless it is mutually agreed between the employer and employee for a shorter period of time. Part-time employment A part-time employee is an employee who: (a)

is employed for less than 38 ordinary hours per week on the basis of 52 weeks per annum; and

(b) has reasonably predictable hours of work; and (c)

receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees covered by this Award.

4.2.2

At the time of engagement, the employer and the employee will agree in writing on the pattern of work required, including specifying the number of ordinary hours per week, the days on which the work is to be performed and the normal daily starting and finishing times.

4.2.3

Any variation to the work pattern, including the normal starting and finishing times prescribed in clause 6.1.3, will be in accordance with methods of altering the ordinary hours of work for full-time employees.

4.2.4

Subject to clause 4.1.3 the agreed number of ordinary hours per week may be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing.

4.2.5

All time worked outside the spread of ordinary working hours and the employees normal starting and finishing times of ordinary hours will be overtime and paid for at the rates prescribed in clause 6.2 - Overtime, of this Award.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

7

4.2.6

A part-time employee employed under the provisions of clause 4.2 must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

4.2.7

Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.

4.2.8

Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an employee transfers from full-time to part-time (or vice-versa), all accrued Award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

4.3

Casual employment

4.3.1

Casual employee means an employee engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement.

4.3.2

A casual employee shall be paid an hourly rate equal to 1/38th of the weekly rate for a fulltime employee plus 23% with a minimum payment of 2 hours for each day's engagement.

4.4

Employment of term-time and fixed period employees

4.4.1

Term-time or fixed period employees shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full-time rate divided by 38.

4.4.2

Employees under clause 4.4 shall be entitled to receive pro rata entitlements to annual leave and sick leave in accordance with clauses 7.1 and 7.2

4.4.3

Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.

4.4.4

"Term-time employee" is a continuing employee engaged to work:

4.4.5

(a)

38 ordinary hours per week but less than 52 weeks per annum; or

(b)

Less than 38 ordinary hours per week and less than 52 weeks per annum.

"Fixed period employee" is one engaged to work 38 ordinary hours or less per week with a specified commencement and cessation date: Provided that a fixed period employee may be engaged for a period of up to 52 weeks in respect of any one engagement.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

8

4.5 4.5.1

Termination of employment The employer will give to an employee, other than a casual employee, notice in writing of the termination of employment as follows: (a)

If the employee's continuous service is: (i) not more than 3 years (ii)

more than 3 years but not more than 3 weeks 5 years

(iii) more than 5 years (b)

4 weeks

The notice required by clause 4.5.1(a) will be increased by one week if the employee: (i)

is over 45 years old; and

(ii)

has completed at least 2 years of continuous service with the employer.

(c)

An employee, other than a casual employee, will give to the employer 2 weeks' notice in writing of intention to resign from the position.

(d)

Where the employer does not give the appropriate notice payment in lieu of notice will be made to the employee. Where the employee does not give the appropriate notice the employer is entitled to withhold money in lieu of notice from wages due to the employee. Employment may be terminated by giving part of the period of notice and part-payment (or withholding as the case may be) in lieu of notice. Clause 4.5.1 shall not apply to an employee dismissed for incompetence, misconduct or neglect of duty who may be summarily dismissed without notice.".

(e)

4.5.2

2 weeks

Certificate of employment

An employee, upon termination of the employee's services for any reason whatsoever, shall be provided by the employer with a certificate of employment signed and dated by the employer containing the following particulars: (a)

the full name and address of the employee;

(b)

a description of position in which the employee was engaged;

(c)

the dates on which the employee commenced and ceased employment in each of the positions;

(d)

the address of the workplace at which the employee was so engaged;

(e)

the classification levels in which the employee has been employed and the duration at each level since the 27 February 1995; and

(f)

periods of leave without pay taken during the period of employment with the employer.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 4.5.1 – replaced – operative 1/12/05

9

4.6

Introduction of changes

4.6.1

Employer's duty to notify (a)

Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their Union.

(b)

"Significant effects" include termination of employment, major changes in the composition, operation or size of the employer' s workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs:

Provided that where this Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 4.6.2 Employer's duty to consult over change (a)

The employer shall consult the employees affected and, where relevant, their Union or Unions about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b)

The consultation must occur as soon as practicable after making the decision referred to in clause 4.6.1.

(c)

For the purpose of such consultation the employer shall provide in writing to the employees concerned and, where relevant, their Union or Unions, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees: Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.7

Redundancy

4.7.1

Consultation before terminations (a)

Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall consult the employee directly affected and where relevant, their Union or Unions.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 4.6.2 & 4.7.1 – replaced – operative 1/12/05

10

(b)

The consultation shall take place as soon as it is practicable after the employer has made a decision, which will invoke the provisions of clause 4.7.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.

(c)

For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.7.2

Transfer to lower paid duties

Where an employee is transferred to other duties for reasons set out in clause 4.7.1, the employee shall be entitled to the same period of notice of transfer the employee would have been entitled to if the employee's employment had been terminated and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate of pay for the number of weeks of notice still owing.

4.7.3

Transmission of business (a)

Where a business is, whether before or after the date of insertion of clause 4.7 in the Award transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(b)

In clause 4.7.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Clause 4.7.3 – replaced – operative 1/12/05

Sep-08

11

4.7.4

4.7.5

Time off during notice period (a)

Where a decision has been made to terminate an employee in the circumstances outlined in clause 4.7.1, the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)

If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in clause 4.7.1 the employer shall notify Centrelink thereof as soon as possible giving relevant information including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. 4.7.6

Severance pay (a)

In addition to the period of notice prescribed for ordinary termination in clause 4.5.1(a), and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 4.7.1, shall be entitled to the following amounts of severance pay: Period of Continuous Service Less than 1 year 1 year but not more than 2 years More than 2 years but not more than 3 years More than 3 years but not more than 4 years More than 4 years but not more than 5 years More than 5 years but not more than 6 years More than 6 years but not more than 7 years More than 7 years but not more than 8 years More than 8 years but not more than 9 years More than 9 years but not more than 10 years More than 10 years but not more than 11 years More than 11 years but not more than 12 years More than 12 years

(b)

Severance Pay (weeks' pay) nil 4 6 7 8 9 10 11 12 13 14 15 16

'Weeks' Pay' means the ordinary time rate of pay for the employee concerned: Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowance, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 4.7.6 – replaced – operative 1/12/05

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4.7.7

Superannuation benefits An employer may make an application to the Commission for relief from the obligation to make severance payments in circumstances where:

4.7.8

(a)

the employer has contributed to a superannuation scheme which provides a particular benefit to an employee in a redundancy situation;

(b)

the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.

Employee leaving during notice

An employee whose employment is terminated for reasons set out in clause 4.7.1 may terminate such employment during the period of notice specified in clause 4.5.1, and, if so, shall be entitled to the same benefits and payments under clause 4.7 had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.7.9

Alternative employment

An employer, in a particular case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 4.7.10 Employees with less than one year's service Clause 4.7 shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.7.11 Employees exempted Clause 4.7 shall not apply: (a)

where employment is terminated as a consequence of misconduct on the part of the employee;

(b)

to employees engaged for a specific period of time or for a specific task or tasks; or

(c)

to casual employees.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 4.7.12 – replaced – operative 1/12/05

12(a)

4.7.12 Employers exempted (a)

Subject to an order of the Commission, in a particular redundancy case, clause 4.9 shall not apply to an employer including a company or companies that employ employees working a total of fewer than 550 hours on average per week, excluding overtime, Monday to Sunday. The 550 hours shall be averaged over the previous 12 months.

(b)

A 'company' shall be defined as: (i) a company and the entities it controls; or (ii) a company and its related company or related companies; or (iii) a company where the company or companies has a common Director or common Directors or a common shareholder or common shareholders with another company or companies.

4.7.13 Exemption where transmission of business (a)

The provisions of clause 4.7.6 are not applicable where a business is before or after the date of the insertion of clause 4.7 into the Award, transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances: (i) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or (ii) where the employee rejects an offer of employment with the transmittee: (A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

(b)

The Commission may amend clause 4.7.13(a)(ii) if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.

4.7.14Incapacity to pay An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay. 4.8

Continuity of service - transfer of calling

In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act as amended from time to time.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 4.7.12 – replaced – operative 1/12/05 Clause 4.7.13 renumbered as 4.7.14 Clause 4.7.13 – inserted – operative 1/12/05

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PART 5 - WAGES AND WAGE RELATED MATTERS 5.1 5.1.1

Classification process An employer shall determine the classification of a position through the following process. (a)

An analysis is to be undertaken to establish the skills and responsibilities required for each identified position and a position description written for each position.

(b)

Each position is classified by reference to the classification criteria set out in clause 5.1.2 using the position description developed in accordance with clause 5.1.1(a).

(c)

Employees are appointed to a position at the appropriate level within the structure and to a step in the level according to experience based on years of service as defined in clause 5.3.1.

5.1.2

If at any time an employee or an employer considers that the skills and responsibilities as required by the employer for a position have altered or do not reflect the classification determined, a review of the classification applicable to the position is to be undertaken in accordance with clause 5.1.1 and an appropriate classification determined. However, except in exceptional circumstances such as a change in the skill and/or responsibility required, or a change in the conditions under which the work is performed, no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12-month period.

5.1.3

Where a disagreement arises as to the outcome of a classification review, it will be dealt with under the grievance procedure contained in clause 3.1 of this Award. However, the process shall commence at clause 3.1.4. At any meeting specified in clause 3.1.4 the person who made the decision about the classification review shall, wherever possible participate.

5.1.4

Classification criteria (a)

Classification criteria are guidelines to determine the appropriate classification level under this Award and consist of characteristics and typical duties and skills.

(b)

The characteristics are the principal guide to classification as they are designed to indicate the level of basic knowledge, comprehension of issues, problem and procedures required, the level of autonomy, accountability supervision/training involved with the position. The characteristics of a level must be read as a whole to gain an understanding of the position and the performance requirements. Isolated characteristics should not be used to justify the classification of a position.

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(c)

The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They reflect the competencies of a particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill or many of them depending on the particular work allocated to them. Typical duties/skills should not be used as the primary determinant in classifying employees but may be useful if the characteristics of a level cannot be easily applied in an individual instance. Some of the Characteristics have been included in the Typical Skills/Duties at each level. Where there is inconsistency between the Characteristics and the Typical Skills/Duties, the Characteristics will prevail over the Typical Skills/Duties.

5.1.5

(d)

The key issue to be looked at in properly classifying an employee is the level of initiative, responsibility/accountability, competency and skill that an employee is required to exercise in performing the employee’s work within the parameters of the characteristics, read as a whole, of the position.

(e)

It should be noted that some typical duties/skills appear at one level only while others appear at more than one level. Because of this, the classification or reclassification of a position needs to be done by reference to the specific characteristics of the level. As an example, because an employee may be utilising a skill comprehended at a higher level than that to which the employee has been appointed, the employee assumes the level of initiative, accountability/responsibility, skill and competency envisaged by the characteristics of the higher level.

(f)

Level 1 in the structure may be applied as a level at which employees learn and gain competency in the basic skills required by the employer. In the event that the increased skills/competency are utilised by the employer, progression through the structure may be possible.

Classification levels

Subject to the provisions of clause 5.4 all employees shall be classified into one of the following levels: LEVEL 1

Range

88 – 94%

Level 1 in the structure may be applied as a level at which employees learn and gain competency in the basic skills required by the employer. In the event that the increased skills/competency are utilised by the employer, classification to higher levels within the structure may be possible.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 5.1.5 – replaced – operative 15/11/04

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A position shall be graded at this level where the principal characteristics of the position, as required by their employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

Work is performed under close supervision either as an individual or in a team environment. Work is regularly checked. Less direct guidance and some autonomy may be involved when working in teams.

Competency required for position -

Competency at this level involves application of knowledge and skills to a limited range of tasks and roles. There is a specific range of contexts where the choice of actions required is clear. Competencies are normally used within established routines, methods and procedures that are predictable. Judgment against established criteria is also involved.

Formal qualifications/experience -

Junior certificate is the minimum formal qualification. No experience is required.

Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.

-

Operate routine office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, franking machine, calculators, etc.

-

Operate audio visual equipment at a basic level.

-

Attend to front counter and refer enquires to the appropriate member of staff.

-

Carry out minor cash transactions including receipting, balancing and banking.

-

Monitor and maintain stock levels of stationery/materials for office/department within established parameters including reordering.

-

Prepare and clean away materials for display/use in classroom or libraries under instruction of a higher level officer or member of the academic staff.

-

Carry out minor maintenance of equipment and material.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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LEVEL 2

Range

96 – 100%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 1. A position shall be graded at this level where the principal characteristics of the position as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

An employee in a position at this level works under direct and/or routine supervision depending on function. An employee's work is intermittently checked. Supervision may take the form of general guidance where working in teams is involved. Supervision may involve detailed instructions in some situations.

Supervision of Other Employees -

Within a team responsibility for some roles and coordination may be required. Provide guidance to other employees at a lower level. Provide assistance to less experienced employees at the same level.

Competency required for position -

Competency at this level involves application of knowledge and skills to a range of tasks and role. There is a defined range of contexts where the choice of actions required is clear. There is limited complexity of choice of actions required. Competencies are normally used within established routines methods and procedures. Discretion and judgement about possible actions are involved in some cases.

Formal qualifications/experience -

Junior certificate is the minimum formal qualification. No experience is required.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.

-

Operate routine office equipment, such as, computer, photocopier, facsimile, binding machine, guillotine, franking machine, calculators, etc.

-

Attend to front counter and refer enquires to the appropriate member of staff.

-

Assist student learning, either individually or in groups, under the direct supervision of an academic staff member.

-

Prepare and clear away materials for display/use in classrooms or libraries under instruction of a higher level officer or member of the academic staff.

-

Process basic library transactions such as issues and returns, produce overdue lists, entry of orders in a computerised system, perform stock-takes, entering of accession information into computer.

-

Operate and demonstrate the use of audio-visual equipment where there is limited complexity.

-

Maintain a booking system for equipment use and organisation of repairs and replacement of equipment.

-

Record audio/video programs and maintain a catalogue system of such recordings in accordance with established routines, methods and procedures.

-

Carry out minor cash transactions including receipting, balancing and banking.

-

Monitor and maintain stock levels of stationery/materials of an office/department within established parameters including reordering.

-

Provide assistance with an academic programme where limited discretion and judgment are involved.

-

Within a defined range of contexts, where the choice of actions is clear, maintain science equipment, materials and specimens.

-

Under direct supervision, assist in design/demonstration of experiments and scientific equipment under the supervision of academic staff member.

LEVEL 3

Range

100 – 110%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 2.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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A position shall be graded at this level where the principal characteristics of the position, as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

An employee in a position at this level works under limited supervision. An employee's work may be checked in relation to overall progress. Supervision may take the form of broad guidance. A level of autonomy may be involved when working in teams.

Supervision of Other Employees -

Limited responsibility for the work of others may be involved. Team co-ordination may be required. Assistance and/or guidance may be provided to other employees.

Competency required for position -

Competency at this level involves application of knowledge with depth in some areas and a broad range of skills. There is a range of roles and tasks in a variety of contexts. There is some complexity in the extent and choice of actions required. Competencies are normally used within routines, methods and procedures. Some discretion and judgement is involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

Formal qualifications/experience Tertiary qualifications at certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position. Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Carry out a wide range of secretarial and clerical duties at an advanced level, including, typing, word processing, maintain manual and computerised records, and shorthand.

-

Handle administration enquires from staff/students/parents/public.

-

Enter financial data into computer and prepare financial and management reports for review and authorisation by senior management.

-

Prepare and process payroll within routines, methods and procedures.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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-

Carry out bank and ledger reconciliations.

-

Maintain petty cash.

-

Assist with preparation of internal and external publications.

-

Provide administrative support to senior management. Arrange appointments and diaries and prepare confidential and general correspondence.

-

Assist in the enrolment function including handling initial enquires and arranging interviews.

-

Prepare government and statutory authority returns for authorisation under supervision.

-

Provide academic programme assistance where some discretion and judgement are involved.

-

Under supervision assist in the design/demonstration of experiments where some discretion and judgement are involved.

-

Limited responsibility for the work of other assistants in a laboratory.

-

Assistance and/or guidance may be provided for other assistants in a laboratory.

-

Provide technical assistance in the operation of the library where some discretion and judgement are involved.

-

Search and verify bibliographical data where some discretion and judgement are involved.

-

Copy catalogue books, magazines, journals and recorded material, maintain library circulation systems.

-

Produce display and publicity materials.

-

Carry out liaison between the school, the student and the student's family where some discretion and judgement are involved.

-

Assist staff and students in accessing library information where some discretion and judgement are involved.

-

Assist staff and students in use of library equipment where some discretion and judgement are involved.

-

Assist in supervision of students in the library where some discretion and judgement are involved.

-

Assist student learning, where some discretion and judgement is involved, including evaluation and assessment, under the supervision of an academic staff member, of the learning needs of students.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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LEVEL 4

Range

112 – 118%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 3. A position shall be graded at this level where the principal characteristics of the position, as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

Work is carried out under general supervision. Progress and outcomes sought are under general guidance.

Supervision of Other Employees -

The work of others may be supervised. Teams may be guided or facilitated. Responsibility for the work and organisation of others in limited areas. Training of subordinate staff may or may not be required.

Competency required for position -

Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a wide variety of tasks and roles in a variety of contexts. There is complexity in the ranges and choice of actions required. Competencies are normally used within a variety of routines, methods and procedures. Discretion and judgement are required for self and/or others in planning, selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

Formal qualification/experience Tertiary qualifications at certificate level or equivalent qualifications relevant to the position may be required by the employer or knowledge qualifications and experience as are deemed by the employers as necessary to successfully carry out the duties of the position.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Advanced application of computer software packages.

-

Provide administrative support to senior management at a higher level than at level 3 where discretion and judgment are required.

-

Initiate and handle correspondence, which may include confidential correspondence.

-

Calculate and maintain wage and salary records for a large payroll utilising a variety of routines, methods and procedures.

-

Apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these.

-

Control the purchase and storage function for a discrete department.

-

Within a variety of routines, methods and procedures and with depth of knowledge in some areas, demonstrate to staff and students the use of complex audio visual or computer equipment.

-

Within a variety of routines, methods and procedures and with depth of knowledge in some areas, monitor performance of and carry out repairs to specialised equipment.

-

Within a variety of routines, methods and procedures and with depth of knowledge in some areas, supervise and maintain the hardware and software components of a computer network and provide user support.

-

Assist student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students.

-

Carry out liaison between the school, the student and the student's family where discretion and judgement are required in relation to the planning, actions and achieving outcomes.

-

Design and demonstrate experiments within a variety of routines, methods and experiences under the supervision of academic staff members where discretion and judgment are required.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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LEVEL 5

Range

122 – 128%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 4. A position shall be graded at this level where the principal characteristics of the position, as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

An employee in a position at this level works under general supervision and/or broad guidance depending on function.

Supervision of Other Employee -

The work of others may be supervised. Teams may be guided. Responsibility for the planning and management of the work of others may be involved. Supervision and training of staff in lower level positions may or may not be involved.

Competency required for position -

Competency at this level involves self directed application of knowledge with substantial depth in some areas. A range of technical and other skills are applied to roles and functions in both varied and highly specific contexts. Competencies are normally used independently and both routinely and non routinely. Discretion and judgement are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others.

Formal qualifications/experience Tertiary qualifications at associate diploma/diploma level or equivalent qualifications relevant to the position may be required by the employer or knowledge, qualifications and experience that are determined by the employer as necessary to successfully carry out the duties of the position.

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Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Provide executive support to senior management and associated committees concerning designated aspects of school management.

-

Direct and supervise the work of other staff.

-

Oversight the operations of the school's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns.

-

Ensure deadlines and targets are met. Prepare the accounts of the school to operating statement stage and assist in the formulating of period and year end entries.

-

Provide specialist technical advice, direction and assistance in the employee's area of expertise using the application of knowledge gained through formal study/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position in areas such as the operation of a library/resource centre, laboratory or information technology. This may also include developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member/s.

LEVEL 6

Range

132 – 161%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 5, demonstrating work of a professional nature. A position shall be graded at this level where the principal characteristics of the position, as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employee -

An employee at this level works under limited guidance in accordance with a broad plan or strategy.

Supervision of Other Employees -

Responsibility and accountability is exercised within defined parameters, either for the supervision and monitoring of the work of employees of a lower level or for a defined work function.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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Competency required for position -

Competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills.

-

Competencies are normally applied independently and are substantially non-routine.

-

Competency at this level involves the delivery of professional services within defined accountability levels.

-

Employees may operate individually or as a member of a team.

-

Significant discretion and judgement is required in planning, design, of professional, technical or supervisory functions related to services, operations or processes.

-

Employees at this level are expected to plan their own professional development and such increased knowledge, relevant to the position held, will be applied to the work situation.

Formal qualifications/experience -

Formal qualifications at degree level are required.

Typical duties/skills The Typical Duties/Skills are subject to the Characteristics clause. -

Operate and be responsible for a structurally and/or operationally defined section.

-

Provide professional advice to staff and students in the officer's area of expertise.

-

Prepare advice, reports, proposals or submissions for the senior executives of the school and/or outside bodies.

-

Within defined accountability levels, perform professional activities which may include: Responsibility for planning and development of programs of structured learning activities; guidance and counselling services; and information services, within the employee's area of expertise.

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LEVEL 7

Range

164 – 178%

An employee in a position at this level performs work above and beyond the skills of an employee in a position at level 6. A position shall be graded at this level where the principal characteristics of the position, as required by the employer are identified as follows: Characteristics The Characteristics are to be read as a whole. Supervision of Employees -

An employee in a position at this level is accountable to the school or college administration for the conduct of their work.

-

Within the constraints set by management, an employee works autonomously and is responsible for the professional content of the work performed.

Supervision of Other Employees -

An employee at this level may be required to provide active supervision of and be responsible for other staff.

Competency required for position -

Within constraints set by management, employees exercise initiative in the application of professional practices demonstrating independent discretion and judgment, which may have effect beyond a work area.

-

An employee at this level is expected to carry out a high proportion of tasks involving complex, specialised or professional functions.

Formal Qualifications/Experience Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience, as required by the employer, to reflect higher levels of professional outcomes. Typical Duties/Skills The Typical Duties/Skills are subject to the Characteristics clause. -

Undertake more complex professional activities above and beyond those required in Level 6, involving the selection and application, based on professional judgement, of new and existing techniques and methodologies.

-

Provide advice to the senior executive of the school on the operational and/or future directions of the employee's section and to contribute to the development of that section in the educational context of the school. Such advice may be given in specialist areas.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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5.2

Incremental advancement

5.2.1

Each level of the structure has varying pay steps which provide for yearly service increments within a level. Such increments are payable subject to satisfactory performance but will not be unreasonably withheld by the employer without due process.

5.2.2

For the purposes of establishing the entitlement of an employee to a yearly pay increment a year’s service shall constitute 1976 hours of duty.

5.2.3

Progression from one level to a higher level is either by appointment to such higher level as a result of vacancy at that level or the employer requiring an employee to perform at a higher level in accordance with the classification criteria set out in clause 5.1.2.

5.2.4

An employee may be appointed to a higher level without having progressed through all paypoints within a lower level.

5.3

Recognition of previous service for salary purposes

5.3.1

Recognition of years of service for salary purposes shall include all previous service as a school officer within the non-government education industry at or above the classification level of the position to which the employee is appointed on and from the 27 February 1995.

5.3.2

The provision of documentary evidence of previous employment as a school officer shall be the responsibility of the employee in accordance with clause 4.5.2.

5.3.3

Notwithstanding the above other forms of documentary evidence may be accepted at the discretion of the employing authority.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clauses 5.2 & 5.3 – replaced – operative 12/07/04

24(b)

5.4 5.4.1

Wages Adults

The minimum rates of pay for adult employees per week in the Southern Division (Eastern District) shall be as follows: Level

Step

Relativity

Award Rate Per Week $ 1 .......................1 ..............................88 ................................................................ 526.10 2 ..............................90 ................................................................ 534.50 3 ..............................92 ................................................................ 542.80 4 ..............................94 ................................................................ 551.20 2 .......................1 ..............................96 ................................................................ 559.50 2 ..............................99 ................................................................ 571.00 3 ............................ 100................................................................ 578.20 3 .......................1 ............................ 100................................................................ 578.20 2 ............................ 102................................................................ 588.00 3 ............................ 107................................................................ 607.40 4 ............................ 110................................................................ 619.90 4 .......................1 ............................ 112................................................................ 626.30 2 ............................ 115................................................................ 638.80 3 ............................ 118................................................................ 651.30 5 .......................1 ............................ 122................................................................ 668.00 2 ............................ 125................................................................ 680.50 3 ............................ 128................................................................ 693.00 6 .......................1 ............................ 132................................................................ 709.90 2 ............................ 139................................................................ 739.90 3 ............................ 146................................................................ 770.00 4 ............................ 154................................................................ 800.50 5 ............................ 161................................................................ 827.90 7 .......................1 ............................ 164................................................................ 841.20 2 ............................ 167................................................................ 853.70 3 ............................ 170................................................................ 866.20 4 ............................ 174................................................................ 882.70 5 ............................ 178................................................................ 899.60 The percentage relativities column relates to percentages applying before the application of the $8 arbitrated safety net adjustment made in accordance with the February 1994 Review of Wage Fixing Principles.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 5.4.1 – Level 7 rates amended – operative 15/11/04 Clause 5.4.1 – 2005 SNA – operative 01/09/05

24(c)

NOTE

The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice-President.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, Award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.

5.4.2

Juniors

The rates of pay for junior employees at Level 1 only shall be as follows: Percentage of appropriate adult minimum rate % 15 and under 16 years of age ........................ 45 16 and under 17 years of age ........................ 50 17 and under 18 years of age ........................ 55 18 and under 19 years of age ........................ 65 19 and under 20 years of age ........................ 75 20 and under 21 years of age ........................ 85 Juniors appointed to level 2 positions or above shall be paid the appropriate rate for that level. 5.4.3 Notwithstanding the provisions of clause 5.4, employees of Catholic Education Employing Authorities will be paid, as a minimum, the rates prescribed by Schedule 2. 5.4.4 Notwithstanding the provisions of clause 5.4, employees of Anglican Employing Authorities will be paid, as a minimum, the rates prescribed by Schedule 3. 5.4.5 Notwithstanding the provisions of clause 5.4, employees of Lutheran schools will be paid, as a minimum, the rates prescribed by Schedule 4.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clauses 5.4.4 & 5.4.5 – inserted – operative 22/03/06 Clause 5.4.3 – inserted – operative 20/2/06

24(d)

5.5

Divisional and district parities

Employees employed outside the Eastern District of the Southern Division shall be paid the following amounts in addition to the rates of wages prescribed by clause 5.4 for employees employed within that District:

Northern Division, Eastern District Northern Division, Western District Mackay Division Southern Division, Western District 5.6 5.6.1

5.6.2

Per Week $ 1.05 3.25 0.90 1.05

Occupational superannuation Application - In addition to the rates of pay prescribed by this Award, eligible employees, as defined herein, shall be entitled to occupational superannuation benefits, subject to the provisions of clause 5.6. Contributions (a)

Amount - As from 1 January 2005 every employer shall contribute on behalf of each eligible employee an amount calculated at 9% of the employee's ordinary time earnings, into an approved fund, as defined in this clause. Each such payment of contributions shall be rounded off to the nearest ten (10) cents: Provided that where an employee is absent and is receiving by way of workers' compensation an amount of money no less than the award rate of pay the contribution shall be calculated at 3%.

(b)

Regular payment - The employer shall pay such contributions to the credit of each such employee at least once each calendar month or in accordance with the requirements of the approved fund trust deed.

(c)

Minimum level of earnings - As from 1 January 2005 no employer shall be required to pay superannuation contributions on behalf of any eligible employee in respect of any month during which the employee's ordinary time earnings, as defined, is less than $450.00.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clauses 5.6.2(a) & (c) – replaced – operative 01/01/05

25

5.6.3

(d)

Absences from work - Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers' compensation.

(e)

Other contributions - Nothing in clause 5.6 shall preclude an employee from making contributions to a fund in accordance with the provisions thereof.

(f)

Cessation of contributions - An employer shall not be required to make any further contributions on behalf on an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(g)

No other deductions - No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with the fund other than the remission of contributions as prescribed herein.

Definitions (a)

"Approved fund" means a fund approved for the purposes of this Award by the Commission as one to which occupational superannuation contributions may be made by an employer on behalf of an employee, as required by this Award. Such approved fund may be individually named or may be identified by naming a particular class or category.

(b)

"Eligible employee" means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a minimum of 50 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with clause 5.6.2 effective from the commencement of that qualifying period.

(c)

"Fund" means a superannuation fund as defined in the Occupational Superannuation Standards Act 1987 and satisfying the superannuation fund conditions in relation to a year of income, as specified in that Act and complying with the operating standards as prescribed by Regulations made under that Act. In the case of a newly established fund, the term shall include a superannuation fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.

(d)

"Ordinary time earnings" means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift loading, skill allowances and supervisory allowances where applicable. The term includes any over-Award payment as well as casual rates received for ordinary hours of work. Ordinary time earnings shall not include overtime, disability allowances, Commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 5.6.2(d) – replaced – operative 01/01/05

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5.6.4

The approved funds are: (a) The Queensland Independent Education and Care Superannuation Scheme. (b) Sunsuper. (c)

In the case of the Presbyterian and Methodist Schools Association either the AMP Occupational Superannuation Fund or Sunsuper as chosen by each eligible employee.

(d)

In the case of schools established under the Grammar Schools Act 1975, a fund approved by the Governor-in-Council in terms of section 19 of that Act.

(e)

Any named fund as is agreed to between the relevant employer/Union(s) parties to this Award and as recorded in an approved Industrial Agreement.

(f)

In the case of a minority group of employees of a particular employer, any industry, multi-industry or other fund which has been approved in an Award or an Agreement approved by an Industrial Tribunal whether State or Federal jurisdiction and already had practical application to the majority of Award employees of that employer.

(g)

As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the Act and are employed by an employer who also belongs to that fellowship any fund nominated by the employer and approved by the Brethren.

(h)

Any fund agreed between an employer and an employee who holds a certificate issued pursuant to section 115 of the Act where membership of a fund cited in an Award would be in conflict with the conscientious beliefs of that employee in terms of section 115.

(i)

In relation to any particular employer, any other established fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.6.2 on behalf of at least a significant number of that employer's employees covered by this Award as at 1 July 1992 and continues to make such contribution.

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(j)

5.6.5

5.6.6

The employer and employee may agree to have the employee's superannuation contributions made to an approved superannuation fund, other than those specified in this Award. (i)

Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee's file;

(ii)

A person must not coerce someone else to make an agreement;

(iii)

Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made available to relevant persons for the purposes of sections 371 and 373 (inspection of time and wage records) of the Act;

(iv)

Any dispute arising out of this process will be handled in accordance with the grievance and dispute settling procedure.

Challenge of a fund (a)

An eligible employee being a member or a potential member of a fund, as well as a Union whose registered list of callings incorporates any of the classification(s) of employees to whom this Award applies, may by notification of a dispute challenge a fund on the grounds that it does not meet the requirements of clause 5.6.

(b)

Notwithstanding that the Commission determines that a particular fund does not meet the requirements of clause 5.6, the Commission may in its discretion and subject to any recommendation, direction or order it may make, recognise any or all of the contributions previously made to that fund as having met the requirements or part thereof of clause 5.6.2 up to and including the date of that determination.

(c)

In the event of any dispute over whether any fund complies with the requirements of clause 5.6, the onus of proof shall rest upon the employer.

Fund selection (a)

No employer shall be required to make or be prevented from making, at any one time, contributions into more than one approved fund. Such fund, other than a fund referred to in clauses 5.6.4(d), (e), (f) and (g) shall be determined by a majority decision of employees.

(b)

Employees to whom these provisions who as at the date of this variation are members of an established fund covered by clause 5.6.4(g) shall have the right by majority decision to choose to have the contributions specified in clause 5.6.2 paid into a fund as provided for elsewhere in clause 5.6.4 in lieu of the established fund to which clause 5.6.4(g) has application.

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5.6.7

(c)

The initial selection of a fund recognised in clause 5.6.4 shall not preclude a subsequent decision by the majority of employees in favour of another fund recognised under that clause where the long-term performance of the fund is clearly disappointing.

(d)

Where this provision has been utilised and as a result another approved fund is determined, access to a further re-appraisal of the fund for the purpose of favouring yet another fund shall not be available until a period of 3 years has elapsed after that utilisation of this provision.

Enrolment (a)

Each employer shall as soon as practicable as to both current and future eligible employees: (i)

Notify each employee of the employees entitlement to occupational superannuation.

(ii)

Consult as may be necessary to facilitate the selection by employees of an appropriate fund within the meaning of clause 5.6.4 .

(iii) Take all reasonable steps to ensure that upon the determination of an appropriate fund, each eligible employee receives, completes, signs and returns the necessary application forms provided by the employer, to enable that employee to become a member of the fund; and (iv) Submit all completed application forms and any other relevant material to the trustees of the fund. (b) Each employee upon becoming eligible to become a member of a fund shall: (i)

complete and sign the necessary application forms to enable that employee to become a member of that fund; and

(ii)

return such forms to the employer within 28 days of receipt in order to be entitled to the benefit of the contributions prescribed in clause 5.6.2.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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(c)

Where an employer has complied with the requirements of clause 5.6.7(a) and an eligible employee fails to complete, sign and return the application form within 28 days of the receipt by the employee of that form, then that employer shall: (i)

Advise an eligible employee in writing of the non-receipt of the application form and further advise the eligible employee that continuing failure to complete, sign and return such form within 14 days could jeopardise the employee's entitlement to the occupational superannuation benefit prescribed by clause 5.6.

(ii)

In the event that an eligible employee fails to complete, sign and return such application form within the specified period of 14 days be under no obligation to make any occupational superannuation contributions in respect of such eligible employee excepting as from any subsequent date from which completed and signed application form is received by the employer.

(iii) In the event that an eligible employee fails to return a completed and signed application form within a period of 6 months from the date of the original request by the employer, again advise that eligible employee in writing of the entitlement and that the receipt by the employer of a completed and signed application form is a pre-requisite to the payment of any occupational superannuation contributions. (iv) At the same time as advising the eligible employee pursuant to clause 5.6.7(c)(iii) submit both to the Chief Industrial Inspector, Brisbane and to the Secretary of the Union a copy of each letter forwarded by the employer to the eligible employee pursuant to clauses 5.6.7(c)(i) and 5.6.7(c)(iii). (d)

5.6.8

Where an employer fails to provide an eligible employee with an application form in accordance with clause 5.6.7(a)(iii) the employer shall be obliged to make contributions as from the date an employee became an "eligible employee" if that occurs thereafter provided that an eligible employee completes, signs and returns to the employer an application form within 28 days of being provided with the application form by the employer. Where an eligible employee fails to complete, sign and return an application form within such period of 28 days the provisions of clause 5.6.7(c) shall apply.

Unpaid contributions

Subject to section 393 of the Act and to clause 5.6.5, where the discretion of the Commission has been exercised, should it be established that the employer has failed to comply with the requirements of clause 5.6.2 in respect of any eligible employee such employer shall be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the relevant approved fund, or as necessary a fund to be determined by the Commission under clause 5.6.4, had they been paid on the due dates. The making of such contributions satisfies the requirements of clause 5.6.8 excepting that resort to this provision shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of a relevant fund.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

30

5.6.9

Exemptions (a)

5.7

5.8

An employer may apply to the Commission for exemption from all or any of the provisions of clause 5.6 in the following circumstances: (i)

Incapacity to pay the costs associated with its implementation, or

(ii)

Any special or compelling circumstances peculiar to the business of the employer.

Payment of salaries (a)

Except where otherwise mutually agreed to between the employer and the majority of employees, payment of salaries shall be made fortnightly.

(b)

Payments may be made by cash, cheque or direct transfer into the employee's bank account as determined by the employer.

Allowances

A first aid allowance is payable to School Officers subject to the following conditions: 5.8.1

School Officers who are appointed to positions classified at levels 1, 2 or 3 and are required to be aware of a student or students with medical conditions and are able and required to participate in the administration of medication or emergency treatment to such student or students on the basis of treatment regimes advised by parents, will receive an allowance at the rate of $10.30 per week.

5.8.2

School Officers who hold a QAS first aid qualification (or equivalent) and are appointed as a first aid officer will be paid an allowance at the rate of $10.30 per week.

5.8.3

A School Officer will only be entitled to receive one of the allowances prescribed in either 5.8.1 or 5.8.2 but not both. Such allowance will be absorbable into any over-award payments.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 5.8 – inserted – operative 15/11/04 Clause 5.8.1 and 5.8.2-rates inc-operative 01/09/05

31

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1

Hours of work

6.1.1

The ordinary hours of work for an employee shall not exceed 38 hours per week.

6.1.2

Such ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive.

6.1.3

The normal starting and finishing times of ordinary hours shall be established at the point of engagement and may only be varied by the employer with 2 weeks' notice, or shorter period by mutual agreement.

6.2

Overtime

6.2.1

6.2.2

Except as provided in clause 6.2.2, all time worked outside of the hours prescribed in clause 6.1.2 and the normal starting and finishing times shall be paid for at the rate of time and one-half for the first 3 hours and double time thereafter. Time in lieu (a)

Where the employer requires an employee to work either before the normal starting times or after the normal finishing times contained in clause 6.1.2 up to a maximum of 2 hours on any one day the employee may be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time or receive payment at the rate of time and one half for the time worked.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

31(a)

6.3

(b)

Where the employer requires the employee to work more than 2 hours before the normal starting times or more than 2 hours beyond the normal finishing times on any one day, the employee may receive payment at the rate of time and a half for the first hour and double time thereafter for time worked beyond the first 2 hours or receive payment in accordance with clause 6.2.1 for the full period so worked.

(c)

Any accrued time in lieu not taken within 6 months of its accrual shall be paid at the rate of time and one-half.

Rest pauses

6.3.1

Full-time employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of each day worked.

6.3.2

Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.

6.3.3

Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary.

6.3.4

Notwithstanding the foregoing, where the employer and the employees agree the rest pauses may be combined.

6.4

Meal break

An employee shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1

Annual leave

7.1.1

Entitlements (a)

Full-time, part-time and fixed period employees, covered by this Award shall, at the end of each year of employment, be entitled to annual leave with pay as set out hereunder.

(b)

The accrual rate of annual leave for full-time employees shall be 152 hours per annum (ie. 4 weeks annual leave per annum on a 38 hour week basis).

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

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(c)

Part-time, term-time and fixed period employees shall at the end of each school year be entitled to annual leave calculated as follows:

Number of weeks worked during the year x 4 weeks x average hours per week calculated on weeks worked 52

7.1.2

(d)

Subject to the provision of clause 7.1.4 annual leave shall be taken by all employees during school vacation periods unless otherwise agreed between the employer and employee.

(e)

If an employee and employer so agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to annual leave. (i)

An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment, is not entitled to any further annual leave at the end of that year of employment.

(ii)

An employee who has taken in advance part of the annual leave that would be due at the end of a year of employment, becomes entitled at the end of that year of employment to the part of the annual leave not already taken.

Calculation of annual leave pay (a)

In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments) shall comprise: (i)

The employee's ordinary wage rate as prescribed by the Award for the period of the annual leave; and

(ii)

A further amount calculated at the rate of 17.5% of the amounts referred to in clause 7.1.2(a)(i).

(b) Clause 7.1.2(a) shall not apply to: (i)

any period or periods of leave exceeding 4 weeks per annum in any other case.

(ii)

employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

33

7.1.3

7.1.4

Termination (employees other than casuals) (a)

If any employee shall be dismissed by the employer or voluntarily leave employment after any leave shall have become due, and without such leave having been taken, such employee shall be entitled in lieu thereof to a sum equal to salary computed at the rate of wages which the employee was earning at the date of such dismissal or leaving calculated in accordance with clause 7.1.2.

(b)

If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to all other amounts due to the employee, an amount equal to 1/12th of ordinary pay for the period of employment calculated in accordance with clause 7.1.2.

(c)

If any such leave shall not have been taken as it falls due from time to time, such leave shall be cumulative from year to year for a period not exceeding 2 years.

Notification - Every employee shall be given at least 4 weeks' notice by the employer of the commencement of annual leave: Provided that less than 4 weeks' notice of the commencement of annual leave may be given by agreement between the employer and the employee.

7.2

Sick leave

7.2.1

Entitlement (a)

Every full-time employee is entitled to 60.8 hours' sick leave for each completed year of their employment with their employer.

(b)

This entitlement will accrue at the rate of 7.6 hours' sick leave after each 6 weeks of employment.

(c)

Payment for sick leave will be made based on the ordinary number of hours that would have been worked by the employee if the employee were not absent on sick leave.

(d) Sick leave may be taken for part of a day. (e)

Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than 13 weeks' absence from work through illness in any one year.

(f)

Part-time, term-time and fixed term employees accrue sick leave on a proportional basis.

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7.2.2

Employee must give notice

The payment of sick leave is subject to the employee promptly advising the employer of the employee's absence and its expected duration. 7.2.3

Evidence supporting a claim

When the employee's absence is for more than 2 days the employee is required to give the employer a doctor's certificate or other reasonably acceptable evidence about the nature and approximate duration of the illness. 7.2.4

Accumulated sick leave

An employee's accumulated sick leave entitlements are preserved when: (a) The employee is absent from work on unpaid leave granted by the employer; (b)

The employer or employee terminates the employee's employment and the employee is re-employed within 3 months; or

(c)

The employee's employment is terminated because of illness or injury and the employee is re-employed by the same employer without having been employed in the interim.

The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.2.5

Workers' compensation

Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave. 7.3

Family leave

The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.3.1

It is to be noted that: (a)

part-time work can be performed by agreement in the circumstances specified in the Family Leave Award;

(b)

a copy of the Family Leave Award is required to be displayed in accordance with section 697 of the Act.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

35

7.3.2

The Family Leave Award also provides for the terms and conditions of leave associated with (a)

Maternity leave;

(b)

Parental leave;

(c)

Adoption leave;

(d)

Special responsibility leave for the care and support of the employee's immediate family or household.

7.4

Bereavement leave

7.4.1

Full-time and part-time employees

Full-time and part-time employees shall on the death of a member of their immediate family or household in Australia be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.4.2

7.4.3

7.4.4

Long-term casual employees (a)

A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person's immediate family or household in Australia.

(b)

A "long-term casual employee" is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.4.2

"Immediate family" includes: (a)

A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b)

A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

An employee with the consent of the employer, may apply for unpaid leave when a member of the employee's immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient.

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7.5

Long service leave

All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.6 7.6.1

7.6.2

Public holidays An employee (other than a casual employee) who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day. All work done by any employee on: -

the 1st January; the 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; the 25th April (Anzac Day); The Birthday of the Sovereign; Christmas Day; Boxing Day; or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours. 7.6.3

Double time and a-half

For the purposes of clause 7.6, where the rate of wages is a weekly rate, "double time and a-half" means one and one-half days wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 7.6.4

Annual show

Moreover, all work done by an employee in a district specified from time to time by the Minister by notification published in the Queensland Government Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the date of double time and a-half with a minimum of 4 hours. In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.

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7.6.5

Notwithstanding any other provision of clause 7.6 when an employee works on a public holiday such employee shall be paid at the rate prescribed by clause 7.6 for the particular holiday or by agreement between the employee and the employer may be paid at the ordinary rate and given a day off in lieu thereof within 28 days of the holiday occurring: Provided that if an employee subsequently works on the day in lieu of the deferred public holiday, such employee shall be paid in accordance with the other provisions of clause 7.6.2.

7.7

Jury Service

An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service. Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature. PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK NOTE: No provisions inserted in this Award relevant to this Part. PART 9 - TRAINING AND RELATED MATTERS 9.1 9.1.1

Training The parties to this Award recognise that in order to increase the efficiency and productivity of the enterprise and also the national and international competitiveness of the industries covered by this Award, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to: (a)

developing a more highly skilled and flexible workforce;

(b)

providing employees with career opportunities through appropriate training to acquire additional skills; and

(c)

removing barriers to the use of skills acquired.

PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES NOTE: No provisions inserted in this Award relevant to this Part.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 7.7-inserted-operative 15/09/05

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PART 11 - AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1

Right of entry

11.1.1 Authorised industrial officer (a)

An "Authorised industrial officer" is any Union official holding a current authority issued by the Industrial Registrar.

(b)

Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union.

11.1.2 Entry procedure (a)

The authorised industrial officer is entitled to enter the workplace during normal business hours as long as: (i)

the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and

(ii) shows the authorisation upon request. (b)

Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the employer or other person in charge is absent.

(c)

A person must not obstruct or hinder any authorised industrial officer exercising their right of entry.

(d)

If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a trespasser.

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11.1.3 Inspection of records (a)

An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act.

(b)

An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee: (i)

is ineligible to become a member of the Union; or

(ii)

is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or

(iii) has made a written request to the employer that they do not want their record inspected. (c)

The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

(d)

A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by an authorised industrial officer.

11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union: (a) matters under the Act during working or non-working time; and (b)

any other matter with a member or employee eligible to become a member of the Union, during non-working time.

11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry.

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11.2 11.2.1

Time and wages record An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period for each employee, including apprentices and trainees: (a) the employee's Award classification; (b) the employer's full name; (c) the name of the Award under which the employee is working; (d)

the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks;

(e)

a weekly, daily or hourly wage rate - details of the wage rate for each week, day, or hour at which the employee is paid;

(f) the gross and net wages paid to the employee; (g) details of any deductions made from the wages; and (h) contributions made by the employer to a superannuation fund. 11.2.2 The time and wages record must also contain: (a) the employee's full name and address; (b) the employee's date of birth; (c)

details of sick leave credited or approved, and sick leave payments to the employee;

(d) the date when the employee became an employee of the employer; (e)

if appropriate, the date when the employee ceased employment with the employer; and

(f)

if a casual employee's entitlement to long service leave is worked out under section 47 of the Act - the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.

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11.2.3 The employer must keep the record for 6 years. 11.2.4

11.3

Such records shall be open to inspection during the employer's business hours by an inspector of the Department of Industrial Relations, in accordance with section 371 of the Act, or an authorised industrial officer in accordance with sections 372 and 373 of the Act. Union encouragement

Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a statement of policy on Union encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of an organisation of employees that has the right to represent the industrial interests of the employees concerned. 11.3.1 Documentation to be provided by employer At the point of engagement, an employer to whom this Award applies shall provide employees with a document indicating that a statement of policy on Union encouragement has been issued by the Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a Union encouragement clause in this Award. 11.3.2 Union delegates Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3 Deduction of union fees Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer, their desire to have such membership fees deducted from their wages.

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11.4

Trade union training leave

11.4.1 Upon written application by a school officer to an employer such application being endorsed by the Union and giving to the employer at least 2 month's notice, such school officer may be granted up to 3 working days leave (non-cumulative) on ordinary pay to attend course and seminars conducted by the Union. For the purposes of clause 11.4 'ordinary pay' means at the ordinary rate paid to the school officer exclusive of any allowance for travelling time and fares. 11.4.2 The granting of such leave shall be subject to the following conditions: (a)

A school officer must have at least 2 years' uninterrupted service with the employer prior to such leave being granted.

(b)

Clause 11.4 does not apply to an employer with less than 3 full-time school officers bound by this Award.

(c)

The maximum number of school officers of one and the same employer attending a course or seminar at the same time shall be as follows: Where the employer employs between 3 and 8 school officers

1

Where the employer employs more than 8 school officers

2

Provided that where the employer has more than one place of employment in Queensland, then the formula shall apply to the number of school officers employed in or from each place of employment. (d)

The granting of such leave shall be subject to the reasonable convenience of the employer so that the operations of the employer will not be unduly affected.

(e)

No school officer shall be granted leave exceeding the duration of the course or seminar to be attended.

(f)

No school officer shall be granted a second or subsequent period of leave prior to the expiration of 3 years from the date of commencement of the last period of such leave granted by the employer.

(g)

The scope, content and grade of the course or seminar shall be such as to contribute to a better understanding of industrial relations within the employer's operations, and in particular, a better understanding of the Award and Industrial Agreements and industrial issues impinging upon the professional life of school officers in the nonGovernment sector.

(h)

In granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the school officer. Such paid leave will not affect other leave granted to school officers under this Award.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Clause 11.4.1-replaced and 11.4.2-amended-operative 19/12/05

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SCHEDULE 1 S1.1

Coverage

S1.1.1 Schedule 1 will apply to the schools listed in clause S1.1.3, and their respective employees who are not employed as teachers but whose duties are ancillary to and/or involved in the educational process and who may have been described as teacher aides, librarians, library aides, laboratory assistants, audio-visual aides, scientific personnel, school secretaries, school assistants, school officers and other non-teaching employees: but excluding persons employed as grounds-person; nurses; builders; carpenters; manual labourers; estate hands; bus drivers; cleaners; cooks; domestics; kitchen hands; laundry workers/sewers; housemaids; housekeepers; school maintenance assistants; waiters; and boarding supervisors who are not teachers. S1.1.2 Notwithstanding clause S1.1.1, Schedule 1 shall not apply to those employees who may be commonly described as bursars, school accountants and managers. S1.1.3 All Saints Anglican School, Merrimac Anglican Church Grammar School, East Brisbane and Warwick Cannon Hill Anglican College, Cannon Hill Canterbury College, Waterford Coomera Anglican College, Coomera Forest Lake College, Forest Lake Fraser Coast Anglican College, Hervey Bay Hillbrook Anglican School, Enoggera Matthew Flinders Anglican College, Buderim St Aidan's Anglican Girls' School, Corinda St Andrews Anglican College, Peregian Springs St Hilda's School, Southport St Luke's Anglican School, Bundaberg St Margaret's Anglican Girls' School, Ascot St Paul's School, Bald Hills The Glennie School, Toowoomba The Southport School, Southport

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Toowoomba Preparatory School, Toowoomba West Moreton Anglican College, Karrabin Fairholme College, Toowoomba Somerset College, Mudgeeraba S1.2

Date of operation

Schedule 1 takes effect from 8 June 2005. Schedule 1 replaces the School Officers - Anglican and Other Schools - Industrial Agreement. S1.3

Classification process

An employer shall determine the classification of a position through the following process: S1.3.1 An analysis is to be undertaken to establish the requisite skills and responsibilities for each identified position and a position description written for each position. S1.3.2 Each position shall be placed in the appropriate level according to the Classification Criteria set out in clause S1.4.1 using the position description developed in accordance with clause S1.3.1. S1.3.3 Employees are appointed to an identified pay point within the appropriate level according to their skills. These skills may be certified or a recognition of prior learning based on previous experience. S1.4

Classification definitions

S1.4.1 Classification Criteria - are guidelines to determine the appropriate classification level under Schedule 1 and consist of characteristics and typical duties/skills. The characteristics are the principal or primary guide to classification as they are designed to indicate the level of basic knowledge, a comprehension of issues, problems and procedures required and the level of responsibility/accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated. In properly classifying an employee, the employer must refer to the key issues of the level of initiative, responsibility, accountability, competency and skill that the employee is required to exercise in the work the employee performs within the parameters of the characteristics and not the duties the employee performs per se.

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S1.4.2 Streams - within each Classification Level, 4 Streams are identified. School Officer positions will fall into one of the following streams: Clerical; Library; Laboratory; and Computing, based on the duties required to be performed in that position. S1.4.3 Classification Levels - all employees shall be classified in one of the following levels: (a)

Level 1 Level 1 in this structure is to be viewed as the level at which a person with few or no skills in the School Officer area required by the employer, enters this career path. At this level they learn and gain competency in the basic skills required which, in many cases would lead to progress through the classification structure as their competency and skills are increased and utilised. Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows: Characteristics Skills/knowledge gained in a specific area due to experience and or qualifications. Junior Certificate or its equivalent is the minimum formal qualification. Work is carried out under a high degree of supervision using established procedures, practices and instruction from a higher level officer or member of the academic staff. Problems are solved by reference to established practices and procedures, and the application of initiative or judgement in applying them or by reference to a higher level officer or member of the academic staff. The position is responsible to a higher level officer or member of the academic staff for the day to day performance of duties. Employees at this level are responsible and accountable for their own work, with checking related to overall progress.

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TYPICAL SKILLS AND DUTIES Level 1 CLERICAL

LABORATORY

1. Computer Skills

1. Computer Skills

•

use keyboard at introductory level

2. Clerical/Secretarial • • • •

• •

use word processor at introductory level operate switchboard at basic level take messages general copy typing

filing, handling mail, maintaining records perform stock take, counting and recording re-order stationery and office material

• • •

•

assist student learning under supervision front counter and referring inquiries to staff

• • • •

maintain records/inventories perform stock take, counting and recording stationery and office material reordering basic understanding of school procedures covering: classroom procedures/lesson plans, curriculum material

4. Interpersonal Relations •

5.Equipment

•

•

•

operate at an introductory level, a photocopier, facsimile, binding, guillotine, franking machine, calculator

use word processor at introductory level take messages/refer inquiries to staff general copy typing

3. Administration Procedures

4. Interpersonal Relations •

use keyboard at introductory level

2. Clerical/Secretarial

3. Administration Procedures •

•

assist student learning under supervision dealing with teachers, teacher aides and students assist students, teachers and staff with class and non-class activity

5. Equipment •

operate a photocopier and calculator

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6. Financial [A] • •

6. Laboratory Procedures [A] • • •

basic book keeping petty cash maintenance

7. Financial [B] •

• minor cash transactions • •

[receipting, balancing, banking]

prepare and clean materials set up basic equipment set up basic laboratory experiments routine use and maintenance of audio visual equipment collect and care for live specimens basic safety and first aid skills

7. Laboratory Procedures [B] • • •

assemble apparatus for basic practical experiments assist with preparation of acids and chemicals assist with preparation of scientific displays [e.g. competitions, open days and classes]

Level 1 COMPUTER

LIBRARY

1. Computer Skills •

use keyboard at introductory level

2. Clerical/Secretarial • •

use word processor at introductory level take messages and refer inquiries to staff

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3. Administration Procedures • • • •

maintain records/inventories perform stock take, counting and recording re-ordering of stationery and office material basic understanding of school procedures covering classroom procedures/lesson plans, curriculum material

NOT APPLICABLE AT THIS LEVEL

4. Interpersonal Relations • • •

assist student learning under supervision dealing with teachers, teacher aides and students assist students, teachers and staff with class and non-class activity

5. Equipment • • •

operate a photocopier and calculator operate laminating equipment loading VCR equipment

6. Library Procedures [A] • • • • • • • •

prepare and clean materials process issues and returns produce overdue lists order entry in computer enter accession information into computer shelve material book covering collect resources from prepared bibliography

7. Library Procedures [B] • •

accessioning serials and monographs provide circulation services

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(b)

Level 2 Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows: Characteristics This level requires employees who have had sufficient experience and/or training to enable them to carry out their assigned duties under limited supervision, using established procedures, practices and instruction from a higher level officer or member of the academic staff. Skills/knowledge gained in a specific area due to experience and or qualifications. Junior Certificate or its equivalent is the minimum formal qualification. Problems are solved by reference to established practices and procedures, and the application of initiative or judgement in applying them or by reference to a higher level officer or member of the academic staff. The position is responsible to a higher level officer or member of the academic staff for the day to day performance of duties. Employees at this level are responsible and accountable for their own work, with checking related to overall progress. Officers may be required to check the work or provide guidance to officers at a lower level and provide assistance to less experienced employees at the same level.

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TYPICAL SKILLS AND DUTIES Level 2 CLERICAL

LABORATORY

1. Computer Skills

1. Administration Procedures

•

intermediate level

• •

2. Clerical/Secretarial • • •

use word processor at intermediate level typing shorthand and/or dictaphone

3. Administration Procedures • • •

• • •

maintain manual and computerised records handle inquiries from staff, students parents and public assist in enrolment function including handling initial inquiries and arranging interviews filing student record data filing semi-confidential information supervision of Level 1 staff

•

effective communication skills with ability to maintain confidentiality accepting responsibility in meeting time deadlines

use word processor at an intermediate level typing supervise Level 1 staff

2. Interpersonal Relations • •

effective communication skills with ability to maintain confidentiality accepting responsibility in meeting time deadlines

3. Laboratory Procedures [C] • •

demonstration of laboratory equipment demonstration of basic laboratory experiments

4. Laboratory Procedures [D] • •

4. Interpersonal Relations •

•

preparation of live specimens for simple experiments prepare acids and chemicals of specific molarity under supervision

5. Laboratory Procedures [E] • •

assemble apparatus for intermediate practical experiments test and trial class experiments

5.Equipment: use of all functions of multifunctional equipment, e.g.: • •

operate a photocopier, facsimile, binding, guillotine, franking machine at an intermediate level. operate a switchboard/telephone at an intermediate level

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6. Financial • • •

6. Laboratory Procedures [F] enter financial data into computer prepare bank and ledger reconciliations book-keeping procedures such as general ledger

• •

preparation and maintenance of scientific displays dispose of chemicals in a safe manner

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Level 2 LIBRARY

COMPUTER

1. Computer Skills

1. Clerical/Secretarial/Financial

•

intermediate level

• •

2. Clerical/Secretarial/Financial • • •

use word processor at an intermediate level typing shorthand

2. Interpersonal Relations •

3. Administration Procedures • • • • • •

maintain manual and computerised records handle inquiries from staff, students, parents and public filing record data contribute to the maintenance of service area filing semi-confidential information supervision of Level 1 staff

use a word processor ability to process entry at intermediates skill level as a separate task to word processing

communication with staff and students

3. Administration Procedures • • • • • • • •

maintain system operations manual maintain back & back up tape register maintain register of software licences maintain hardware maintenance register & history of maintenance maintain asset register of all equipment complete, dispatch and record all registration of warranty maintain documentation of procedures of program upgrades execution of purchase orders for hardware and software requirements

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4. Interpersonal Relations •

effective communication skills with students

•

contribute to the maintenance of the service area

4. Computer [A] •

•

5. Library Procedures [C] • •

•

specialised operation and demonstration of use of audio visual equipment audio visual recording of programs and maintenance of catalogue for such recordings adding copies

• • •

6. Library Procedures [D] • •

• • •

maintain computerised record of purchases maintenance of booking system for equipment use and organisation of repairs and replacement for equipment inventory control copy cataloguing basic, descriptive cataloguing

•

evaluation of basic software proposals, ie., report to staff on what the software can do as compared to the desired outcomes evaluate the hardware specification needed to run a particular process and advise staff and students accordingly basic knowledge of how hardware are connected basic knowledge of how to connect into a network knowledge of what specific type of equipment is required to run a particular type of process knowledge of hardware configuration required to run a particular process

5. Computer [B] • • • •

•

basic programming skills minor hardware and software maintenance basic knowledge of operating system basic programming skills enabling the execution of virus checking operations, disk consolidation and overall disk management ability to ensure all hardware and software is operational

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(c)

Level 3 Employees shall be graded at this level where the principal characteristics of their employment, as determined by their employer, are identified as follows: Characteristics Some experience necessary gained either on the job or through the attainment of a certificate and/or diploma level qualification. Work is carried out with general guidance on progress and outcomes and involves the application of knowledge with depth in some areas and a broad range of skills. Initial instruction or reference to established procedure is all that is required for the officer to be able to competently complete tasks. Variation to methods of performance of assigned duties may occur by using initiative, discretion and judgement. The position is responsible to a higher officer or senior academic staff member for the day to day performance of duties. This performance is measured by reference to achievement of outcomes and application of personal knowledge and initiative to assigned duties. Officers may be required to supervise lower level officers in the performance of their duties and to provide instruction to officers, staff and students in their area of knowledge.

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TYPICAL SKILLS AND DUTIES Level 3 CLERICAL

LABORATORY

1. Computer Skills

1. Administration Procedures

•

applications higher than Level 2 Advanced

2. Clerical/Secretarial •

•

2. Interpersonal Relations

support to Senior Management including minute taking, organising appointments, handling correspondence, monitoring phone calls, establishing and maintaining working filing system

•

• •

•

control purchase and storage function for a discrete department supervise operations of lower level staff [more than 4]

•

•

effective communication skills with parents and Management

prepare acids and chemicals of specific molarity without supervision monitor performance of scientific equipment and arrange repairs as necessary safe storage and handling of chemicals and scientific equipment

4. Laboratory Procedures [H] •

4. Interpersonal Relations

supervision of lower level staff

3. Laboratory Procedures [G]

3. Administration Procedures •

control purchase and storage function of the Department

•

prepare live specimens for complex experiments assemble apparatus for complex practical experiments

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5. Financial • • • • • • • •

5. Laboratory Procedures [I] book keeping duties including: preparation of ledger reconciliations, monthly accounts, financial statements and budgets calculation and maintenance of wage and salary records for a large payroll apply inventory and purchasing control procedures prepare monthly summary of debtors ledger transactions and reconcile these prepare financial and management reports for Senior Management review prepare Government, statistical and statutory authority returns for authorisation prepare and process payroll

• •

prepare test and demonstrate practical experiments to classes assist teachers with practical experiments

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Level 3 LIBRARY

COMPUTER

1. Administration Procedures

1. Administration Procedures

•

control the purchase and storage function of the discrete Department [Library]

• •

2. Clerical • • •

• handle correspondence monitor phone calls establish and maintain working filing systems

3. Interpersonal Relations •

control the purchase and storage function of this discrete Department [computing] word processing at a higher level of skill than level 2 data entry at higher level of skill than level 2

2. Interpersonal Relations • •

effective communication skills with students and Management supervision of lower level staff

supervision of lower level staff 3. Computer [D] • •

•

demonstrate to staff the use of computer equipment supervise and maintain hardware and software components of a computer network and provide user support monitor performance of, and carry out repairs to, specialised equipment

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4. Library Procedures [E] • • •

4. Computer [E]

monitor performance of and coordinate repairs to specialised equipment ability to demonstrate to staff and students the use of complex audio visual and computer equipment supervise and maintain software components of a computer network and provide user support

• • • •

5. Library Procedures [F] • • • •

acquire information for the Library's collection provide research assistance fiction Cataloguing adding local information

monitor performance of software and carry out repairs to software by use of utility facility development of procedures as requested to achieve desired outcomes development procedures to optimise the use of programs in consultation with Admin management, develop a "do or don't" policy in regard to computers for staff and students.

5. Computer [F] • •

development of new equipment specification in liaison with management higher level programming skills than level 2

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(d)

Level 4 Employees shall be graded at this level where the principal characteristics of their employment, as determined by their employer, are identified as follows: Characteristics Some experience necessary gained either on the job, through previous employment or the attainment of a diploma and/or degree level qualification. Little or no supervision is required and will normally be exercised through a reporting structure. Officers will have a highly developed knowledge of the organisation and industry and highly developed skills in their area of expertise. They will use judgement and initiative regularly in order to complete the tasks assigned to them. At this level officers may be responsible for the supervision of staff in all lower levels and be responsible for training staff through instruction and practical demonstration. The position is responsible to the Principal, Head of a Department/Faculty or senior management for the day to day performance of duties. This performance is measured by achievement of targets, introduction of new initiatives, increases in productivity, competent handling of the supervision function and degree of independence allowed by immediate supervisors.

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TYPICAL SKILLS AND DUTIES Level 4 CLERICAL

LABORATORY

1. Computer Skills

1. Interpersonal Relations

•

prepare internal and external publications using advanced computer skills, viz.: spreadsheeting, desk-top publishing and word processing, as required by the job description

•

supervision of lower level staff

2. Laboratory Procedures [J] •

maintain laboratory records poisons register, material safety data sheets

2. Administration Procedures • • •

• • • • •

3. Laboratory Procedures [K] assist with advertising/promotional activities secretarial skills higher than Level 3 check and supervise work of accounts and general office staff to ensure accuracy and timely completion of tasks operate and maintain student reporting systems for external agencies detailed knowledge of BSSSS requirements and procedures assist with organisation of activities of the school, e.g., speech night, yearly calendar etc. confidential activities supervision of lower levels

•

ability to interface computer technology and scientific experiments

4. Laboratory Procedures [L] • •

work with and assist school management responsible for operation of scientific laboratories

3. Interpersonal Relations • •

developed high in areas of confidentiality, discretion and judgement

4. Financial •

accounts prepared to operating statement stage including formulation of period and year end entries

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Level 4 LIBRARY

COMPUTER

1. Interpersonal Relations

1. Interpersonal Relations

2. Library Procedures [G]

2. Computer [G]

• • • • • • • •

work with and assist School Management organise and co-ordinate work activities of lower levels initiate and carry out projects manage maintenance of Library environment establish and maintain Library applications of computer based systems/equipment maintain and modify computer applications in the Library contribute to the planning and acquisition of computer systems provide computing support

•

work with and assist School Management

3. Computer [H] 4. Computer [I]

3. Library Procedures [H] • • •

co-ordinate selection of information for Library collection collect, analyse and/or interpret information for research contribute to collection development

4. Library Procedures [I] • • • •

organise information for client access original cataloguing and classifying information index information abstract information

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(e)

Level 5 Employees shall be graded at this level where the principal characteristics of their employment, as determined by their employer, are identified as follows: Characteristics Extensive experience and qualifications sufficient to enable the officer to independently manage an autonomous section and provide independent advice on the operation of the section. Formal qualifications at the degree level are required. Little or no supervision is required and will normally be exercised through a reporting structure involving both review of operations and recommendations. The position will involve the development of policies and procedures for the operation of a section. They are responsible and accountable for their own work and may have designated responsibility for the work under their control/supervision. This will involve scheduling workflow, solving operational problems, monitoring and evaluating work performance as well as counselling staff for work and performance related matters. They will use judgement and initiative regularly in order to complete the tasks assigned to them. At this level officers may be responsible for the supervision of staff in all lower levels and be responsible for training of staff through instruction and practical demonstration. The position is responsible to the Principal for the day to day performance of duties. This performance is measured by achievement of targets, introduction of new initiatives, increases in productivity, competent handling of the supervision function and the overall performance of the section controlled.

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TYPICAL SKILLS AND DUTIES Level 5 CLERICAL

LABORATORY

1. Computer Skills • •

•

operate and be responsible for an autonomous section and all its operations use acquired knowledge and experience, provide advice to Senior Executive of school on operations/future directions able to instruct/tutor others in lower levels

NOT APPLICABLE AT THIS LEVEL

2. Interpersonal Relations • • •

interact with school Committees and bodies co-ordinate facilities etc., for school functions and associated bodies co-ordinate advertising/marketing/promotional activities

3. Financial •

generation of all management reports and generation of Government reports

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

64

Level 5 LIBRARY

LABORATORY

1. Interpersonal Relations

1. Interpersonal Relations

• •

operate and be responsible for an autonomous section and all its operations use acquired knowledge and experience to provide advice to Senior Executive of school on operations/future directions

• • •

• •

•

operate and be responsible for an autonomous section and all its operations use acquired knowledge and experience to provide advice to Senior Executives of school on operations/future directions

2. Computer [J]

2. Library Procedures [J] •

•

carry out standard resource procedures answer reference queries and reader guidance knowledge of library procedures and organisation knowledge of book trade, suppliers and resources for purchasing and maintenance of library materials and equipment provide professional advice to staff and students of Officers' area of expertise prepare reports, proposals and submissions for the Senior Executives of the school and outside bodies.

• •

provide professional advice to staff and students in Officers' area of expertise prepare reports, proposals and submissions for the Senior Executives of the school and outside bodies

3. Computer [K]

3. Library Procedures [K] • • • • • • •

computer software cataloguing C.D. Rom modem use - Q Net manage care and maintenance of the collection design and develop data bases Analyse and describe specialist information

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

65

S1.4.4 Transitional arrangements (a)

Classification/Reclassification The employer shall determine the employee's classification through the following process:

(b)

(i)

An analysis is to be undertaken to establish the requisite skills and responsibilities for each identified position and a Position Description written for each position.

(ii)

Each position is classified by reference to the Classification Criteria set out in clause S1.4.1 using the Position Description in accordance with clause S1.4.4(a)(i).

(iii)

Employees are appointed to a position at the appropriate level within the structure and to a Step in the level according to their competencies as identified in Schedule 1.

(iv)

It is recognised that dispute may arise as to the classification/reclassification of a position. In such case the matter should be dealt with in accordance with clause 3.1 (Grievance and dispute settling procedure).

Recognition of previous experience For the purpose of translating employees to the new competency based structure on the coming into effect of this Schedule all previous experience as a School Officer with the current employer shall be recognised.

S1.5

Wages

S1.5.1 The minimum rates of wages to be paid to the above mentioned levels of employees shall be calculated in accordance with the table set out below:

L1 L2 L3 L4 L5

MIN $ 479.00 549.00 623.00 698.00 796.00

P/W $ 10.00 14.00 15.00 25.00 30.00

P/W $ 10.00 12.00 15.00 25.00 30.00

P/W $ 10.00 12.00 15.00 25.00 30.00

P/W $ 10.00 12.00 15.00 23.00

P/W $ 10.00 12.00 15.00

P/W $ 10.00 12.00

P/W $ 10.00

MAX $ 549.00 623.00 698.00 796.00 886.00

*P/W = $ per week per module.

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Schedule 1, Clause s1.5.1 – rates inc – operative 1/09/05

66

Progression within the matrix and payment of the additional weekly amount shall be made upon the employee demonstrating to the employer an ability to apply the skills learnt during training. The employer shall be responsible for providing the training (During ordinary work time where possible) and incurring the training costs for each module within the employees current level. Where training is provided outside ordinary working time, the employee shall be granted time in lieu for the equivalent hours. Any adult employee engaged as a level 1 School Officer shall be afforded accelerated progression opportunities within the level. S1.5.2 The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. S1.6

Application of Award All other provisions of the Award in full, shall apply to the employers as prescribed in clause S1.1.3, and their employees, except where such conditions are varied by the provisions contained in Schedule 1.

S1.7

Leave reserved

S1.7.1

Sixth Level for Classification Structure The parties agree to discuss and consider the development of a further level in the structure as it relates to School Counsellors and Guidance Officers.

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67

SCHEDULE 2 - Minimum Wages - Catholic Education Employing Authorities The minimum rates of pay for adult employees per week in the Southern Division (Eastern District) shall be as follows: Level

Step

Relativity

1

1 2 3 4 1 2 3 1 2 3 4 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5

88 90 92 94 96 99 100 100 102 107 110 112 115 118 122 125 128 132 139 146 154 161 164 167 170 174 178

2

3

4

5

6

7

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

Rate per week $ 526.10 534.50 542.80 553.70 565.00 580.80 587.80 587.80 601.80 629.20 646.80 658.50 676.20 693.90 717.40 734.90 752.50 776.50 818.80 861.00 904.10 945.40 963.70 981.40 998.90 1,022.50 1,046.10

68

SCHEDULE 3 - Minimum wages - Anglican Employing Authorities The minimum rates of pay for adult employees per week in the Southern Division (Eastern District) shall be as follows: Level 1 2 3 4 5

Minimum 479.80 577.80 682.20 791.95 935.75

Step 1 14.00 17.40 21.95 35.95 43.35

Step 2 14.00 17.40 21.95 35.95 43.35

Step 3 14.00 17.40 21.95 35.95 43.35

Step 4 14.00 17.40 21.95 35.95

Step 5 14.00 17.40 21.95

Step 6 14.00 17.40

Step 7 14.00

Maximum 577.80 682.20 791.95 935.75 1,065.80

SCHEDULE 4 - Minimum wages - Lutheran schools The minimum rates of pay for adult employees per fortnight in the Southern Division (Eastern District) shall be as follows: Level

Step

Relativity

1

1 2 3 4 1 2 3 1 2 3 4 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5

88 90 92 94 96 99 100 100 102 107 110 112 115 118 122 125 128 132 139 146 154 161 164 167 170 174 178

2

3

4

5

6

7

Rate per f/night $ 1,077.10 1,101.70 1,126.10 1,150.80 1,175.00 1,208.60 1,224.20 1,224.20 1,252.90 1,309.80 1,346.50 1,371.40 1,407.70 1,444.50 1,493.50 1,530.20 1,566.60 1,616.50 1,704.80 1,793.00 1,882.30 1,968.70 2,007.70 2,044.40 2,081.10 2,130.10 2,179.10

School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08 Schedules 3 & 4 – inserted – operative 22/03/06

69

SCHOOL OFFICERS’ AWARD – NON-GOVERNMENTAL SCHOOLS 2003 (NAPSA) AWARD VARIATION INDEX (This Index is not part of this Award) Clause Varied

Nature of Change

Operative Date

New Award Issued

2003 Award Review

14 July 2003

Clause 5.4.1

Wage rates increased by 2003 General Ruling

1 September 2003

Part 3 & Clauses 5.1 – 5.4 replaced and Schedule 1 inserted

Dispute resolution procedures and wage rates amended

12 July 2004

Clause 5.4.1

Wage rates increased by 2004 General Ruling

1 September 2004

Clauses 1.2, 5.1.5, 5.4.1 amended and 1.3.4 & 5.8 inserted, Schedule 1 deleted

Classification structure and wage rates (Level 7 only) amended, Allowances inserted

15 November 2004

Clauses 5.6.2(a), (b) & (c)

Occupational Superannuation provisions amended

1 January 2005

Clause 5.4.1

Wage rates increased by 2005 General Ruling

1 September 2005

Clause 1.2 and clause 7.7

Jury Service provisions amended

15 September 2005

Clause 5.8.1 and 5.8.2

Allowance increased by 1987 review

1 September 2005

Clause 11.4.1 and 11.4.2

Trade Union training leave provisions

19 December 2005

Clause 1.2 and Schedule 1

Schedule 1 inserted

8 June 2005

Clauses 4.5.1, 4.6.2, 4.7.1, 4.7.3, 4.7.6, 4.7.7, 4.7.12, 4.7.13 renumbered as 4.7.14 and inserted clause 4.7.13

Termination, Change and Redundancy amendment

1 December 2005

Clause 1.2, 5.4.3 and Schedule 2

Minimum wages – Catholic Education Employing Authorities inserted

20 February 2006

S1.5 of Schedule 1, clause 5.8.1 and 5.8.2

General Ruling to wages and allowances

1 September 2005

Clause 1.2 amended, clause 5.4.4 and Schedule 3 inserted

Minimum wages – Anglican Employing Authorities

22 March 2006

Clause 1.2 amended, clause 5.4.5 and Schedule 4 inserted

Minimum wages – Lutheran Schools

22 March 2006

Wage Ready Reckoner

2006 AFPC wage increase

1 December 2006

Wage Ready Reckoner

2007 AFPC wage increase

ppc 1 October 2007

Wage Ready Reckoner

2008 AFPC wage increase

ppc 1 October 2008

(This Index should be inserted at the end of the Award) School Officers’ Award – Non-Governmental Schools 2003 (NAPSA) Sep-08

AVI-1

Miscellaneous Workers’ Award – State 2002 (NAPSA) (Rates for Southern Division Eastern District Only) Wage Rates Applicable from ppc 1 October 2008

Weekly/Part-time Employees Classification / Level

Weekly

Hourly

Time and ½

Double Time

Public Holidays

Level 1 – up to 3 months Level 2

$560.50

$14.75

$22.13

$29.50

$36.88

$582.92

$15.34

$23.01

$30.68

$38.35

Level 3

$603.82

$15.89

$23.84

$31.78

$39.73

Level 4

$637.64

$16.78

$25.17

$33.56

$41.95

Casual Employees (23%) Classification / Level

Hourly

Time and ½

Double Time

Public Holidays

Level 1 – up to 3 months

$18.14

$27.21

$36.28

$45.35

Level 2

$18.87

$28.31

$37.74

$47.18

Level 3

$19.54

$29.31

$39.08

$48.85

Level 4

$20.64

$30.96

$41.28

$51.60

Refer to Clause 5.3 for Allowances.

These wage tables override rates provided for in clause 5.2.1 of this Award.

Miscellaneous Workers’ Award – State 2002 (NAPSA) Sep-08 Every effort has been made to ensure this Wage Ready Reckoner is free from error and/or omissions – operative ppc 01/10/08

0

MISCELLANEOUS WORKERS’ AWARD – STATE 2002 (NAPSA) PART 1 – APPLICATION AND OPERATION 1.1

Title

This Award is known as the Miscellaneous Workers’ Award – State 2002. 1.2

Arrangement

Subject Matter

Clause No.

Page No.

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8

1 1 3 3 3 5 5 5

2.1 2.2

6 6

3.1 3.2

7 7

PART 1 – APPLICATION AND OPERATION Title Arrangement Date of operation Award coverage Definitions Area of operation Parties bound Pre-existing conditions PART 2 – FLEXIBILITY Enterprise flexibility Majority clause PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Consultative mechanisms and procedures in the workplace Grievance and dispute settling procedure

PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories Full-time employment Part-time employment Casual employment Mixed functions Incidental or peripheral tasks Anti-discrimination Termination of employment Introduction of changes Redundancy Continuity of service – transfer of calling

Miscellaneous Workers’ Award – State 2002 (NAPSA) New Award – operative 07/10/02

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11

Sep-08

9 9 9 10 10 10 10 10 12 13 16

1

PART 5 – WAGES AND WAGE RELATED MATTERS Definition of classifications Wage rates Allowances Payment of wages Superannuation

5.1 5.2 5.3 5.4 5.5

16 19 20 22 22

PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work Roster posting Meal breaks Rest pauses Overtime Fatigue breaks Shift work Weekend work

6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8

27 29 29 30 30 30 31 31

7.1 7.2 7.3 7.4 7.5 7.6 7.7

31 33 34 35 35 36 37

PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave Sick leave Bereavement leave Long service leave Family leave Public holidays Jury Service

PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Court attendance

8.1

38

9.1

38

PART 9 – TRAINING AND RELATED MATTERS Commitment to training

PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Cleaning materials and dressing rooms Night workers Uniforms Toilet cleaning Caretaker’s Quarters Work in the rain

Miscellaneous Workers’ Award – State 2002 (NAPSA) Clause 1.2-amended-operative 15/09/05

10.1 10.2 10.3 10.4 10.5 10.6

Sep-08

38 38 39 39 39 39

2

PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry Time and wages record Trade union training leave Posting of award Union encouragement

11.1 11.2 11.3 11.4 11.5

39 41 42 43 43

Brisbane Market Corporation

Schedule 1

44

1.3

Date of operation

This Award takes effect from 7 October 2002. 1.4

Award coverage

1.4.1 This Award applies to all the classes of employees, and to their respective employers, mentioned in this Award within the State of Queensland, but does not apply to employees of the Crown or to junior messengers. 1.4.2 This Award will not apply where those employees mentioned in clause 1.4.1 are employed in domestic service in or about a private residence, except where such employees are employed by a contractor or by a proprietor who lets the Premises at which they are employed. 1.4.3 This Award does not apply to employees covered by: • Brewing Industry Award – State, • Contract Cleaning Industry Award – State, • Electricity Supply Industry Employees’ Award – State, • Security Industry (Contractors) Award – State, • Theatrical Employees’ Award – State, or • any other Award or Industrial Agreement. 1.5

Definitions

Subject to clause 5.1 the following definitions have application for the purposes of this Award. 1.5.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2

“Bill Poster” means an employee engaged to install and/or post advertising material.

1.5.3 “Broken Shift” means a shift which is broken into two or more periods (excluding rest pauses and meal breaks) where the unpaid break in between such periods is greater than one hour: Provided that a Broken Shift only applies to Cleaners.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

Sep-08

3

1.5.4 “Caretaker” means an employee whose presence is required on Premises for the protection (including the closing and locking and unlocking and opening) or convenient use thereof, and who may also have other duties in respect to the Premises’s cleanliness or upkeep: Provided that any employee required by the employer to sleep on the employer’s Premises for the purpose of providing protection for the Premises or for the carrying out of other caretaking duties will be deemed to be a Caretaker for the purposes of this Award. 1.5.5 “Caretaker’s Quarters” in existing Premises means not less than 2 rooms, with an aggregate floor space of not less than 21 square metres, but in the case of Premises which may be erected, altered or renovated after 7 April 1997, the term means not less than 3 rooms – two rooms each with not less than 13 square metres of floor space, and one room with 9 square metres of floor space, the ceiling heights for such rooms to be in accordance with the appropriate Local Government building regulations. Caretaker’s Quarters in all cases must be reasonably suitable for human habitation both in themselves and in their immediate surroundings. 1.5.6 “Cleaner” means a person employed for the greater part of their working time in cleaning work of any description on any Premises or in bringing into or maintaining Premises in a clean condition, whatever may be the nature of their other duties. 1.5.7

“Commission” means the Queensland Industrial Relations Commission.

1.5.8 “Day Worker” means an employee whose ordinary hours fall within the spread of hours prescribed in clause 6.1.1. 1.5.9 “Gatekeeper” means an employee who is mainly employed at the gate attending to the entry and exit of persons, vehicles and/or goods of any description. 1.5.10 “Lift Attendant” means an employee engaged for the purpose of being in charge of an

elevator in accordance with the appropriate legislation. The duties of a Lift Attendant may also include providing advice or information to visitors or customers regarding the location of various areas within a building. 1.5.11 “Premises” means all classes of buildings and their environs whether enclosed or not

enclosed, and includes – buildings in the course of construction or demolition, construction works, showgrounds, sportsgrounds, racecourses, mines, tramways, and any other place where the service of employees subject to this Award may be required. 1.5.12 “Shift Worker” means an employee whose ordinary hours of duty fall outside the spread of

hours prescribed in clause 6.1.1. 1.5.13 “Union” means the Australian Liquor, Hospitality and Miscellaneous Workers Union,

Queensland Branch, Union of Employees. 1.5.14 “Watchperson” means a person employed to safeguard Premises, or property on or about

Premises, and who may be required to perform related functions for the purpose of effecting such safeguarding. 1.5.15 “Week” means a period of 7 days, but the ordinary working hours must be comprised within 5

days.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

Sep-08

4

1.6

Area of operation

For the purposes of this Award, the Divisions and Districts are as follows: 1.6.1

Divisions

Northern Division – That portion of the State along or north of a line commencing at the junction of the sea coast with the 21st parallel of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due south to 22 degrees 30 minutes of south latitude; from that latitude due west to the western border of the State. Mackay Division – That portion of the State within the following boundaries:– Commencing at the junction of the sea-coast with the 21st parallel of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due south to 22 degrees of south latitude; from that latitude due east to the sea coast; from the sea-coast northerly to the point of commencement. Southern Division – That portion of the State not included in the Northern or Mackay Divisions. 1.6.2

Districts (a)

Northern Division: Eastern District – That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude. Western District – The remainder of the Northern Division.

(b)

Southern Division: Eastern District – That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; from that longitude due north to 25 degrees of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due north to the southern boundary of the Mackay Division. Western District – The remainder of the Southern Division.

1.7

Parties bound

This Award is legally binding on the employers and employees as prescribed by clause 1.4, the Union and its members. 1.8

Pre-existing conditions

No employee will suffer a reduction in wages for ordinary hours of work in the course of the employee’s normal duties as a result of this Award coming into operation.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

Sep-08

5

PART 2 – FLEXIBILITY 2.1

Enterprise flexibility

2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace. 2.1.2 The consultative processes established in an enterprise in accordance with clause 2.1 may provide an appropriate mechanism for consideration of matters relevant to clause 2.1.1. Union delegates at the place of work may be involved in such discussions. 2.1.3 Any proposed genuine agreement reached between an employer and employee/s in an enterprise is contingent upon the agreement being submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. 2.2

Majority clause

2.2.1 The provisions of clause 2.2 will apply by agreement between the employer and an individual employee or the majority of employees concerned and who are engaged under this Award. The decision of a majority of employees is binding on all employees bound by this Award from time to time. 2.2.2 Where an employee or employees bound by this Award is/are engaged upon work which is incidental or peripheral to the main business of the employer, and the majority of employees employed by the employer in Queensland are covered by another award made or approved by the Queensland Industrial Relations Commission or the Australian Industrial Relations Commission, then any one or more of the corresponding provisions of that other award will, to the extent agreed and without variation, apply to the employer’s employees covered by this Award in lieu of one or more of the following clauses of this Award: – clause 4.3 Part-time employment; – clause 6.1 Hours of work; and – clause 6.3 Meal breaks The agreement may apply to the whole or a nominated severable part of the last mentioned clauses and to the whole or a nominated severable part of corresponding provisions of another award of Queensland or the Commonwealth. 2.2.3 (a)

Any agreement made pursuant to clauses 2.2.1 and 2.2.2, shall be in writing and shall particularise the provisions to be applied. It shall be signed by the employer and the employee/s concerned or a representative of the employees if more than one are involved.

(b)

The intent of any such agreement, when considered as a whole, should be to improve productivity and efficiency in the particular workplace where multi-award coverage is a problem and not to disadvantage employees.

(c)

A copy of such agreement shall be retained by the employer and the employee/s or representative of the employees and a further copy shall be exhibited as if it was an Award.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

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6

(d)

Without in any way limiting what may be contained in an agreement, clause 2.2 authorises the making of an agreement for a fixed period of time, the duration of a specific task or an indefinite period of time: Provided always that an agreement for an indefinite period of time may be terminated by either the employer, the employee or a majority of the existing employees concerned, by the giving of not less than 28 days’ written notice to the other party to the agreement of intention to terminate the agreement.

(e)

By mutual agreement of both parties any agreement, including one for a fixed period of time, may be terminated at any time upon such notice and such terms, if any, as may be mutually agreed.

(f)

Termination in accordance with clause 2.2.3(d) may be effected without any reason being given and will be effective upon expiration of the notice period.

2.2.4 Upon an agreement being made pursuant to clause 2.2 any provision of another award of Queensland or the Commonwealth which is by such agreement applied to employees covered by this Award, shall be deemed to be a provision of this Award and shall be binding upon and enforceable in all respects against the employer and employee or employees concerned as it if was a provision of this Award. 2.2.5 Any obligation or liability incurred during the currency of an agreement made pursuant to clause 2.2 continues to be enforceable to the same extent as other provisions of this Award, regardless of the expiry or termination of the agreement. 2.2.6 Clause 2.2 is to be read and applied subject to, and so as not to exceed any limitations, powers or requirements imposed upon the Commission by the Industrial Relations Act 1999 and the Anti-Discrimination Act 1991. PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1

Consultative mechanisms and procedures in the workplace

3.1.1 The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the industries covered by this Award and to enhance the career opportunities and job security of employees in such industries. 3.1.2 At each enterprise the employer, the employees and their Union commit themselves to establishing a consultative mechanism and procedures appropriate to the size, structure and need of that enterprise. Measures raised by the employer, employees or Union for consideration consistent with the objectives of clause 3.1.1 shall be processed through the consultative mechanisms and procedures. 3.2

Grievance and dispute settling procedure

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

Sep-08

7

3.2.1 In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure. 3.2.2 If the grievance or dispute is not resolved under clause 3.2.1, the employee or the employee’s representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative. 3.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.2.5. 3.2.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2.2, the matter shall, in the case of a member of a Union, be reported to the relevant officer of that Union and the senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.2.2 will not result in resolution of the dispute. 3.2.5 If, after discussion between the parties, or their nominees mentioned in clause 3.2.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act. 3.2.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. 3.2.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. 3.2.8 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute. 3.2.9 Any Order or Decision of the Commission (subject to the parties’ right of appeal under the Act) will be final and binding on all parties to the dispute. 3.2.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party,

subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

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8

PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1

Employment categories

4.1.1 Employees covered by this Award shall be advised in writing of their employment category upon appointment. Employment categories are:

4.2

(a)

Full-time;

(b)

Part-time (as prescribed in clause 4.3); and

(c)

Casual (as prescribed in clause 4.4).

Full-time employment

Employees other than casual or part-time employees are deemed to be full-time employees and are entitled to all of the benefits provided by this Award. 4.3

Part-time employment

4.3.1

An employer may employ part-time employees in any classification in this Award.

4.3.2

A part-time employee is an employee who: (a)

is employed for a minimum of 7.6 hours per week and for a maximum of 32 ordinary hours per week; and

(b)

works on no more than 5 days of the week, being Monday to Sunday; and

(c)

has reasonably predictable hours of work; and

(d)

receives, on a proportionate basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

4.3.3 At the time of engagement, the employer and the employee are to agree in writing on the number of ordinary hours per week and the normal rostering arrangements. 4.3.4 The agreed number of ordinary hours per week may only be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing. 4.3.5 Any variation to the work pattern will be in accordance with methods of altering the ordinary hours of work for full-time employees as detailed in Part 6 of this Award, unless otherwise mutually agreed. 4.3.6 An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift. 4.3.7 All time worked in excess of the rostered hours as mutually arranged in accordance with clauses 4.3.3 and 4.3.4 will be overtime and paid for at the rates prescribed in clause 6.5.

Miscellaneous Workers’ Award – State 2002 (NAPSA)

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4.3.8 A part-time employee must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 5.2 for the class of work performed. 4.3.9 Where a public holiday falls on a day upon which a part-time employee is normally engaged, that employee shall be paid their ordinary time rate of pay for the number of hours normally worked on that day. 4.3.10 Where an employee and their employer agree in writing, part-time employment may be

converted to full-time, and vice-versa, on a permanent basis or for a specified period of time. If an employee transfers from full-time to part-time (or vice-versa) all accrued award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment. 4.3.11 All other provisions of this Award relevant to full-time employees shall apply to part-time

employees. 4.4

Casual employment

4.4.1 A casual employee is an employee engaged as such under clause 4.1.1 who is employed for less than 32 hours in any one week under this Award: Provided that a casual employee does not include an employee as described in clause 4.3. 4.4.2 Except where otherwise expressly provided, a casual employee must be engaged for a minimum period of 2 hours work or receive a minimum payment of 2 hours per engagement. 4.4.3 A casual employee must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 5.2 for the class of work performed plus a loading of 23%. 4.4.4 Subject to clause 4.4.2 a casual employee may leave the employer’s service or be discharged without notice. 4.4.5 A casual Watchperson is entitled to a minimum of 4 hours for each engagement where the engagement does not exceed 4 hours, or to a minimum of 8 hours for engagements exceeding 4 hours. Subject to clause 6.1 all time worked in excess of 8 hours on any one day will be paid for at overtime rates. For the purposes of this provision each day’s work constitutes a separate engagement. In this context “day” means each period of 24 hours from the commencement of the job. 4.4.6 The minimum period of engagement for a casual Gatekeeper will be not less than 8 hours. 4.5

Mixed functions

An employee who is required to perform work on any day for which a higher rate of pay is prescribed in clause 5.2 shall be paid as follows: (a) If more than 4 hours on any day the higher rate for the whole of such day. (b) If 4 hour or less then payment of the higher rate for 4 hours.

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4.6

Incidental or peripheral tasks

4.6.1 An employer may direct an employee to carry out such duties as are reasonably within the limits of the employee’s skill, competence and training. 4.6.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment. 4.6.3 Any direction issued by an employer pursuant to clauses 4.6.1 and 4.6.2 shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment. 4.7

Anti-discrimination

4.7.1 It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the Industrial Relations Act 1999 as varied from time to time, which includes: (a)

discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes;

(b)

sexual harassment; and

(c)

racial and religious vilification.

4.7.2 Accordingly, in fulfilling their obligations under the grievance and dispute settling procedure in clause 3.2, the parties to this Award must take reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects. 4.7.3 Under the Anti-Discrimination Act 1991 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. 4.7.4 Nothing in clause 4.7 is to be taken to affect:

4.8

(a)

any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991;

(b)

an employee, employer or registered organisation pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/AntiDiscrimination Commission Queensland.

Termination of employment

4.8.1 Statement of employment An employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

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4.8.2 Termination by employer (a)

An employer may dismiss an employee only if the employee has been given the following notice: Period of Continuous Service Not more than 1 year More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years

Period of Notice 1 week 2 weeks 3 weeks 4 weeks

(b)

In addition to the notice in (a) above, employees 45 years old or over and who have completed at least 2 years' continuous service with the employer shall be entitled to an additional week's notice.

(c)

Payment in lieu of notice shall be made if the appropriate notice is not given: Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d)

In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the employer would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of: (i) (ii)

the ordinary working hours to be worked by the employee; and the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and (iii) any other amounts payable under the employee's employment contract. (e)

The period of notice in this clause shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.

4.8.3 Notice of termination by employee The notice of termination required to be given by a full-time or part-time employee shall be one week. If an employee fails to give notice, the employer shall have the right to withhold monies due to the employee with a maximum amount equal to one week. 4.8.4 Time off during notice period During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. This time off shall be taken at times that are convenient to the employee after consultation with the employer.

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4.9

Introduction of changes

4.9.1 Employer's duty to notify (a)

Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, where relevant, their Union or Unions.

(b)

'Significant effects' includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs: Provided that where the Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

4.9.2 Employer's duty to consult over change (a)

The employer shall consult the employees affected and, where relevant, their Union or Unions about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternative employment).

(b)

The consultation must occur as soon as practicable after making the decision referred to in clause 4.9.1.

(c)

For the purpose of such consultation the employer shall provide in writing to the employees concerned and, where relevant, their Union or Unions, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees: Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.10

Redundancy

4.10.1 Consultation before terminations (a)

Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall consult the employee directly affected and where relevant, their Union or Unions.

(b)

The consultation shall take place as soon as it is practicable after the employer has made a decision, which will invoke the provisions of clause 4.10.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the employees concerned.

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(c)

For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.

4.10.2 Transfer to lower paid duties (a)

Where an employee is transferred to lower paid duties for reasons set out clause 4.10.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 4.8.

(b)

The employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.

(c)

The amounts must be worked out on the basis of: (i) (ii)

the ordinary working hours to be worked by the employee; and the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and (iii) any other amounts payable under the employee's employment contract. 4.10.3 Transmission of business (a)

Where a business is, whether before or after the date of insertion of this clause in the Award transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) (ii)

(b)

the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

In clause 4.10.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

4.10.4 Time off during notice period (a)

Where a decision has been made to terminate an employee in the circumstances outlined in clause 4.10.1, the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

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(b)

If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

4.10.5 Notice to Centrelink Where a decision has been made to terminate employees in the circumstances outlined in clause 4.10.1, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out. 4.10.6 Severance pay (a)

In addition to the period of notice prescribed for ordinary termination in clause 4.8.2(a), and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 4.10.1(a), shall be entitled to the following amounts of severance pay: Period of Continuous Service Less than 1 year 1 year but not more than 2 years More than 2 years but not more than 3 years More than 3 years but not more than 4 years More than 4 years but not more than 5 years More than 5 years but not more than 6 years More than 6 years but not more than 7 years More than 7 years but not more than 8 years More than 8 years but not more than 9 years More than 9 years but not more than 10 years More than 10 years but not more than 11 years More than 11 years but not more than 12 years More than 12 years

(b)

Severance Pay (weeks' pay) nil 4 6 7 8 9 10 11 12 13 14 15 16

'Weeks' Pay' means the ordinary time rate of pay for the employee concerned:

Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments. 4.10.7 Superannuation benefits An employer may make an application to the Commission for relief from the obligation to make severance payments in circumstances where: (a)

the employer has contributed to a superannuation scheme which provides a particular benefit to an employee in a redundancy situation; and

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(b)

the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.

4.10.8 Employee leaving during notice An employee whose employment is terminated for reasons set out in clause 4.10.1(a), may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.10.9 Alternative employment An employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the employer obtains acceptable alternative employment for an employee. 4.10.10 Employees with less than one year's service Clause 4.10 shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.10.11 Employees exempted Clause 4.10 shall not apply: (a)

where employment is terminated as a consequence of misconduct on the part of the employee; or

(b)

to employees engaged for a specific period or task(s); or

(c)

to casual employees.

4.10.12 Employers exempted (a)

Subject to an order of the Commission, in a particular redundancy case, clause 4.10 shall not apply to an employer including a company or companies that employ employees working a total of fewer than 550 hours on average per week, excluding overtime, Monday to Sunday. The 550 hours shall be averaged over the previous 12 months.

(b)

A 'company' shall be defined as: (i) a company and the entities it controls; or (ii) a company and its related company or related companies; or (iii) a company where the company or companies has a common Director or common Directors or a common shareholder or common shareholders with another company or companies.

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4.10.13 Exemption where transmission of business (a)

The provisions of clause 4.10.6 are not applicable where a business is before or after the date of the insertion of this clause into the Award, transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances: (i)

where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or

(ii)

where the employee rejects an offer of employment with the transmittee: (A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

(b)

The Commission may amend clause 4.10.13(a)(ii) if it is satisfied that it would operate unfairly in a particular case, or in the instance of contrived arrangements.

4.10.14 Incapacity to pay An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the employer's incapacity to pay. 4.11

Continuity of service – transfer of calling

In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act, as amended from time to time. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1

Definition of classifications

Employees covered by this Award are to be classified into one of the following classification and wage levels and remunerated accordingly. 5.1.1

Level 1: (Relativity to Trade Equivalent:– 82.0%) (a)

“Level 1 Employee” is an employee who is undertaking induction training to a maximum of 3 months which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality assurance and who is being assessed on their ability to undertake duties to a higher level. An employee at this level performs routine duties to the level of their training and: – exercises minimal judgement; – works under direct supervision; or – is undertaking training so as to enable the employee to perform work at Level 2.

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5.1.2

Level 2: (Relativity to Trade Equivalent:– 87.4%) (a)

“Security Officer – Grade 1” is an employee who performs work to the level of their training. Indicative of the tasks which an employee at this level may perform are the following: (i)

Watch, guard or protect persons and/or Premises and/or property.

(ii)

Be stationed at an entrance and/or exit and whose principal duties include the control of movement of persons, vehicles, goods and/or property coming out of or going into Premises or property, including vehicles carrying goods of any description, to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document and includes an area or door attendant or commissionaire in a commercial building.

(iii) Respond to basic fire/security alarms at the designated post. (iv) In performing the duties referred to above, the security officer may be required to use electronic equipment such as hand-held scanners, walk-through detectors and simple closed circuit television systems utilising basic keyboard skills. Any employee required by the employer to sleep on the employer’s Premises for the purpose of providing protection to the Premises or for the carrying out of other caretaker’s duties will be deemed to be a Caretaker for the purposes of this Award.

5.1.3

(b)

Bill Poster.

(c)

Caretaker.

(d)

Cleaner.

(e)

Lift Attendant.

(f)

Watchperson.

Level 3: (Relativity to Trade Equivalent:– 92.4%) (a)

“Security Officer – Grade 2” is an employee who performs work above and beyond the skills of a Security Officer – Grade 1 to the level of their training. Indicative of the tasks which an employee at this level may perform are the

following: (i)

Securing, watching, guarding and/or protecting as directed, including responding to and attending to alarm signals, and required to patrol in a vehicle two or more separate establishments or sites.

(ii)

Monitoring and responding to electronic intrusion, detection or access control equipment terminating at a visual display unit and/or computerised printout (except for simple closed circuit television systems).

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(b)

5.1.4

(iii)

Operating a public weighbridge by a security officer appropriately licensed to do so.

(iv)

Monitoring and operating integrated intelligent building management and security systems, terminating at a visual display unit or computerised print out, which requires data input from the security officer.

“Building Service Employee – Grade 1” is an employee performing the duties of a Cleaner, who in addition is engaged for the greater part of each day or shift on any of the following tasks, or a combination of such tasks: (i)

Ordering supplies and receiving deliveries and/or being given the responsibility for the distribution and maintenance of toilet and other requisites and cleaning materials in buildings or establishments and/or an employee performing customer or public relations or other duties as required.

(ii)

Carpet cleaning – operating equipment used in any or all of the following methods – powder systems or liquid shampoo systems or hot water injection and extraction systems (commonly called “steam cleaning”).

(iii)

Cleaning windows on the exterior of multi-storied buildings from swinging scaffolds, bosun’s chairs, hydraulic bucket trucks or similar devices.

(iv)

Operating “Ride-On” powered sweeping machines.

(v)

Operating steam cleaning and pressure washing equipment on the exterior of buildings.

Level 4: (Relativity to Trade Equivalent:– 100.0%) (a)

“Security Officer – Grade 3” is an employee who performs work above and beyond the skills of a Security Officer – Grade 2, to the level of their training, and co-ordinates the work of security officers working in a team environment. Indicative of the tasks which an employee at this level may be required to perform are the following: (i)

Monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind within a central station.

(ii)

Keyboard operation to alter the parameters within an integrated intelligent building management and/or security system.

(iii)

Co-ordinating, monitoring or recording of the activities of security officers utilising a verbal communications system within a central station.

(iv) May be required to perform the duties of security officers.

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(b) “Building Service Employee – Grade 2” is an employee who is entrusted with the supervision of cleaning as a principal responsibility and/or who may be required to generally superintend and maintain a building or buildings and/or building equipment and who may also perform the duties of a Cleaner or Building Service Employee – Grade 1 as required. 5.2

Wage rates

5.2.1

Weekly wage rates

The minimum rates of wages payable are as follows: Classification and Relativity

Level 1 Level 2 Level 3 Level 4

Award Rate Per Week

Note 1 82.0% 87.4% 92.4% 100.00%

$ 501.10 523.60 544.50 578.20

Note 1: The percentage relativities column relates to the percentages applying before the application of the first, second and third arbitrated safety net adjustments. The percentage relativities are based on a base rate and supplementary payment totalling $427.20 per week. Note 2: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage 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 payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. 5.2.2

Leading hand

A Leading Hand who has been appointed as such is to be paid the following amounts in addition to the wage rates prescribed in clause 5.2.1.

In charge of up to 15 employees In charge of more than 15 employees

Per Week $ 13.80 20.40

These allowances are payable for all purposes of this Award.

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5.2.3 Divisional and District parities Employees employed outside the Eastern District of the Southern Division shall be paid the following amounts in addition to the wage rates prescribed by clause 5.2.1 for the Division or District in which they are located:

Northern Division, Eastern District Northern Division, Western District Mackay Division Southern Division, Western District

Adults Per Hour $ 0.0275 0.0855 0.0235 0.0275

Adults Per Week $ 1.05 3.25 0.90 1.05

Juniors Per Hour $ 0.0140 0.0430 0.0120 0.0140

Juniors Per Week $ 0.53 1.63 0.45 0.53

These amounts are payable for all purposes of this Award. 5.3

Allowances

5.3.1 Abattoirs’ and meatworks’ prosperity loading All employees covered by this Award employed by the Thomas Borthwick and Sons (Australasia) Limited, Queensland Meat Export Company Limited, Swift Australian Company (Pty.) Limited, and the Central Queensland Meat Export Company Pty. Limited will, in addition to their ordinary time rate of pay, be paid a prosperity loading of $3.47 per week. 5.3.2

Broken shift

A Cleaner working a Broken Shift is entitled to a payment of $6.91 per shift for each shift so worked. 5.3.3

Caretaker’s accommodation

A Caretaker who is required by the employer to reside on or in the vicinity of the employer’s Premises will be provided with living quarters, fuel and light at the employer’s expense. Where a Caretaker is not provided with quarters they are to be paid an allowance of $6.07 per week, and where they are not provided with fuel and light they will be paid an allowance of $2.60 per week in lieu thereof. 5.3.4

Lifts

Where there is only one lift in use and goods as well as passengers travel in it, $4.90 per week extra will be paid when the Lift Attendant is required to handle goods. 5.3.5

Lift Attendant – uniforms

Where a Lift Attendant is required by the employer to wear a uniform, such uniform will be supplied by the employer and laundered at the employer’s expense. If the employer does not launder such uniform, the employee will be paid an allowance of 60c per week.

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5.3.6

Non-rotation of shifts

Where an employer refuses to allow rotation of shifts, employees on night shifts will be paid 13.1c per hour in addition to their ordinary wage rates. 5.3.7 Outside work A Cleaner or Caretaker working outside a building will be paid 4c per hour extra while so employed. 5.3.8

5.3.9

Toilet cleaning (a)

Employees required to clean toilets connected with septic tanks or sewerage are to be paid an allowance of $6.20 per week in addition to their ordinary wage rates.

(b)

Employees required to clean earth closets or urinals, other than merely by hosing them, are to be paid 35c per closet per service, or 35c for each 3 (or fraction of 3) urinals, in addition to their ordinary wage rates. Neither of these payments will apply where the allowance in clause 5.3.8(a) applies.

Washing dusters and towels

Employees who are called upon outside their ordinary working hours to wash dusters will be paid 19c each and for washing towels or larger articles, 29c each. 5.3.10 Watchperson A Watchperson who is required by the employer to perform duties totally unrelated to the function of watching, safeguarding or protecting Premises and/or property is to be paid an additional payment of $3.40 per week when required to perform such duties: Provided that duties of a simple clerical or recording nature and/or duties normally performed by a Gatekeeper will be regarded as duties related to the function of a Watchperson for the purposes of clause 5.3.10. 5.3.11 Window cleaning (a)

Any employee who is required to clean windows when it is necessary to go wholly outside the window or climb around an outside column to do such cleaning will, if such cleaning or climbing is at a height of more than 3 metres from the ground or verandah, be paid 35c extra for each such window unless the outside window or column ledge is more than 50 centimetres wide: Provided clause 5.3.11(a) does not apply to cleaning from a ladder resting on the ground.

(b)

Where cleaning is done from a ladder, and any portion of the window to be cleaned exceeds in height 7.5 metres from the ground, the employee is to be paid 35c per window extra for each window so cleaned: Provided that clause 5.3.11(b) does not apply when an efficient safety device is provided.

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5.4

Payment of wages

5.4.1 Wages are to be paid at least weekly by either cash, cheque or electronic funds transfer at the discretion of the employer. Wages will be paid on the same day every week but will not be paid on Saturday or Sundays. The weekly pay day may be altered after a period of 3 calendar months provided that employees are given at least 14 days’ notice of such change. 5.4.2 Not more than 2 days’ pay may be held by the employer. 5.4.3 Where payment is made by cash or cheque, wages will be paid in the employer’s time and any employee who is not paid within 15 minutes from the time specified is to be deemed to be working during the time the employee is kept waiting. 5.5

Superannuation

5.5.1 Application – In addition to the rates of pay prescribed in clause 5.2, eligible employees (as defined in clause 5.5.3(b)) shall be entitled to occupational superannuation benefits, subject to the provisions of clause 5.5. 5.5.2 Contributions (a)

Amount - As from 1 January 2005 every employer shall contribute on behalf of each eligible employee an amount calculated at 9% of the employee's ordinary time earnings, into an approved fund, as defined in this clause. Each such payment of contributions shall be rounded off to the nearest ten (10) cents: Provided that where an employee is absent and is receiving by way of workers' compensation an amount of money no less than the award rate of pay the contribution shall be calculated at 3%.

(b)

Regular payment – The employer shall pay such contributions to the credit of each eligible employee at least once each calendar month or in accordance with the requirements of the approved fund trust deed.

(c)

Minimum level of earnings - As from 1 January 2005 no employer shall be required to pay superannuation contributions on behalf of any eligible employee in respect of any month during which the employee's ordinary time earnings, as defined, is less than $450.00.

(d)

Absences from work - Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers' compensation.

(e)

Other contributions – Nothing in clause 5.5 shall preclude an employee from making contributions to a fund in accordance with the provisions of the trust deed of the fund.

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(f)

Cessation of contributions – An employer shall not be required to make any further contributions on behalf of an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(g)

No other deductions – No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with the fund other than the remission of contributions as prescribed in clause 5.5.

5.5.3 Definitions (a)

“Approved fund” means a fund (as defined in clause 5.5.3(c)) approved for the purposes of clause 5.5 by the Commission as one to which occupational superannuation contributions may be made by an employer on behalf of an employee, as required by clause 5.5. Such approved fund may be individually named or may be identified by naming a particular class or category.

(b)

“Eligible employee” means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a minimum of 50 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with clause 5.5.2 effective from the commencement of that qualifying period.

(c)

“Fund” means a superannuation fund satisfying the Commonwealth legislation for occupational superannuation funds and satisfying the superannuation fund conditions in relation to a year of income, as specified in the relevant Act and complying with the operating standards as prescribed by Regulations made under the relevant Act. In the case of a newly established fund, the term shall include a superannuation fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.

(d)

“Ordinary time earnings” for the purposes of clause 5.5 means the actual ordinary time rate of pay the employee receives for ordinary hours of work including shift loading, skill allowances and leading hand allowances, where applicable. The term includes any over-award payment as well as casual rates received for ordinary hours of work. Ordinary time earnings shall not include overtime, disability allowances, commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

5.5.4 For the purposes of this Award, an approved fund means – (a)

Sunsuper.

(b)

Any named fund as is agreed to between the relevant employer/Union parties to this Award and as recorded in an approved Industrial Agreement.

(c)

In the case of a minority group of employees of a particular employer, any industry, multi-industry or other fund which has been approved in an award or an agreement approved by an Industrial Tribunal whether State or Federal jurisdiction which has already had practical application to the majority of award employees of that employer.

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(d)

As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the Act and are employed by an employer who also belongs to that fellowship, any fund nominated by the employer and approved by the Brethren.

(e)

Any fund agreed between an employer and an employee who holds a Certificate issued pursuant to section 115 of the Act where membership of a fund cited in an award would be in conflict with the conscientious beliefs of that employee in terms of section 115 of the Act.

(f)

In relation to any particular employer, any other established fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.5.2 on behalf of at least a significant number of that employer’s employees covered by this Award as at 29 September 1989 and continues to make such contribution.

(g)

The employer and employee may agree to have the employee’s superannuation contributions made to an approved superannuation fund, other than those specified in this Award. (i)

Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee’s file.

(ii) A person must not coerce someone else to make an agreement. (iii)

Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made available to relevant persons for the purposes of sections 371 and 373 (inspection of time and wage records) of the Act.

(iv)

Any dispute arising out of this process will be handled in accordance with the grievance and dispute settling procedure as contained in clause 3.2.

5.5.5 Challenge of a fund (a)

An eligible employee being a member or a potential member of a fund, as well as the Union, may by notification of a dispute to the Commission challenge a fund on the grounds that it does not meet the requirements of clause 5.5.

(b)

Notwithstanding that the Commission determines that a particular fund does not meet the requirements of clause 5.5, the Commission may in its discretion and subject to any recommendation, direction or order it may make, recognise any or all of the contributions previously made to that fund as having met the requirements or part thereof of clause 5.5.2 up to and including the date of that determination.

(c)

In the event of any dispute over whether any fund complies with the requirements of clause 5.5, the onus of proof shall rest upon the employer.

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5.5.6 Fund selection (a)

No employer shall be required to make or be prevented from making, at any one time, contributions into more than one approved fund. Such fund, other than a fund referred to in clauses 5.5.4(c), (d), (e), (f) and (g) shall be determined by a majority decision of employees.

(b)

Employees who are members of an established fund covered by clause 5.5.4(f) shall have the right by majority decision to choose to have the contributions specified in clause 5.5.2 paid into a fund as provided for elsewhere in clause 5.5.4 in lieu of the established fund to which clause 5.5.4(f) has application.

(c)

The initial selection of a fund recognised in clause 5.5.4 shall not preclude a subsequent decision by the majority of employees in favour of another fund recognised under that clause where the long term performance of the fund is clearly disappointing.

(d)

Where clause 5.5.6 has been utilised and as a result another approved fund is determined, access to a further re-appraisal of the fund for the purpose of favouring yet another fund shall not be available until a period of 3 years has elapsed after that utilisation.

5.5.7 Enrolment (a)

(b)

Each employer to whom clause 5.5 applies shall as soon as practicable as to both current and future eligible employees: (i)

Notify each employee of the employee’s entitlement to occupational superannuation;

(ii)

Consult as may be necessary to facilitate the selection by employees of an appropriate fund within the meaning of clause 5.5.4;

(iii)

Take all reasonable steps to ensure that upon the determination of an appropriate fund, each eligible employee receives, completes, signs and returns the necessary application form/s provided by the employer, to enable that employee to become a member of the fund; and

(iv)

Submit completed application form/s and any other relevant material to the trustees of the fund.

Each employee upon becoming eligible to become a member of a fund determined in accordance with clause 5.5 shall: (i)

complete and sign the necessary application form/s to enable that employee to become a member of that fund; and

(ii)

return such form/s to the employer within 28 days of receipt of the application form/s in order to be entitled to the benefit of the contributions prescribed in clause 5.5.2.

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(c)

(d)

Where an employer has complied with the requirements of clause 5.5.7(a) and an eligible employee fails to complete, sign and return the application form/s within 28 days of the receipt by the employee of that form/s, then that employer shall: (i)

Advise the eligible employee in writing of the non-receipt of the application form/s and further advise the eligible employee that continuing failure to complete, sign and return such form/s within 14 days could jeopardise the employee’s entitlement to the occupational superannuation benefit prescribed by clause 5.5.

(ii)

In the event that the eligible employee fails to complete, sign and return such application form/s within the specified period of 14 days be under no obligation to make any occupational superannuation contributions in respect of such eligible employee excepting as from any subsequent date from which the completed and signed application form/s is received by the employer.

(iii)

In the event that the eligible employee fails to return a completed and signed application form/s within a period of 6 months from the date of the original request by the employer, again advise that eligible employee in writing of the entitlement and that the receipt by the employer of a completed and signed application form/s is a pre-requisite to the payment of any occupational superannuation contributions.

(iv)

At the same time as advising the eligible employee pursuant to clause 5.5.7(c)(iii) submit both to the Chief Industrial Inspector, Brisbane and to the Union a copy of each letter forwarded by the employer to the eligible employee pursuant to clauses 5.5.7(c)(i) and 5.5.7(c)(iii).

Where an employer fails to provide an eligible employee with an application form/s in accordance with clause 5.5.7(a)(iii) the employer shall be obliged to make contributions as from the date the employee became an eligible employee provided that the eligible employee completes, signs and returns to the employer an application form/s within 28 days of being provided with the application form/s by the employer. Where the eligible employee fails to complete, sign and return an application form/s within such period of 28 days the provisions of clause 5.5.7(c) shall apply.

5.5.8 Unpaid contributions Subject to Chapter 11, Part 2, Division 5 of the Act and to clause 5.5.5, where the discretion of the Commission has been exercised, should it be established that the employer has failed to comply with the requirements of clause 5.5.2 in respect of any eligible employee such employer shall be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the relevant approved fund, or as necessary a fund to be determined by the Commission under clause 5.5.5, had they been paid on the due dates. The making of such contributions satisfies the requirements of clause 5.5 excepting that resort to clause 5.5.8 shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of a relevant fund.

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5.5.9 Exemptions (a)

An employer may apply to the Commission for exemption from all or any of the provisions of clause 5.5 in the following circumstances: (i) Incapacity to pay the costs associated with its implementation; or (ii) Any special or compelling circumstances peculiar to the business of the employer.

(b)

Clause 5.5 does not apply to the Broken Hill Proprietary Company Limited or Tubemakers of Australia Limited, or any corporation which is a related corporation (within the meaning of the Companies (Queensland Code)) of either the Broken Hill Proprietary Company Limited or Tubemakers of Australia Limited.

Part 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1

Hours of work

6.1.1

Day Worker: (a)

Subject to clause 6.1.2 (Working of a 38 hour week) and subject to the exceptions hereinafter provided, the ordinary hours of work will be an average of 38 per week, to be worked in one of the following ways: (i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days; or (iii)114 hours within a work cycle not exceeding 21 consecutive days; or (iv) 152 hours within a work cycle not exceeding 28 consecutive days;

(b)

The ordinary hours of work prescribed for employees are to be worked continuously except for meal breaks. Subject to clauses 6.1 and 6.8 ordinary hours may be worked on a maximum of 5 consecutive days in the week between 6.00 a.m. and 6.00 p.m., Monday to Sunday inclusive.

(c)

The ordinary hours of work prescribed herein must not exceed 10 hours on any day: Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours must be subject to the agreement of the employer and the majority of employees concerned.

(d)

The ordinary starting and finishing times of various groups of employees or individual employees may be staggered provided that there is agreement between the employer and the majority of employees concerned.

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6.1.2

Working of a 38 hour week (a)

The 38 hour week will be worked in one of the following ways, most suitable to the particular enterprise, after consultation with, and giving reasonable consideration to the wishes of, the employees concerned: (i) by employees working less than 8 ordinary hours each day; or

6.1.3

(ii)

by employees working less than 8 ordinary hours on one or more days each work cycle; or

(iii)

by fixing one or more work days on which all employees will be rostered off during a particular work cycle; or

(iv)

by rostering employees off on various days of the week during a particular work cycle, so that each employee has one work day off during that cycle.

(b)

Subject to clause 6.1.1(c), employees may agree that the ordinary hours of work are to exceed 8 on any day, thus enabling more than one work day to be taken off during a particular work cycle.

(c)

Regardless of any other provision in clause 6.1, where the arrangement of ordinary hours of work provides for a rostered day off, the employer and the majority of employees concerned may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, each accrued rostered day off must be taken within 12 calendar months of the date on which that rostered day off was accrued. Consent to accrue rostered days off will not be unreasonably withheld by either party.

(d)

Different methods of working a 38 hour week may apply to individual employees, groups or sections of employees in the enterprise concerned.

Procedures for enterprise level discussions (a)

The employer and all employees concerned in each enterprise will consult over the most appropriate means of working a 38 hour week.

(b)

The objective of such consultation is to reach agreement on the method of working the 38 hour week in accordance with clause 6.1.

(c) (d)

The outcome of such consultation must be recorded in writing. In cases where agreement cannot be reached as a result of consultation between the parties, either party may request the assistance or advice of their Union or employer organisation.

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6.1.4

(e)

Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by employees, the employer has the right to make the final determination as to the method by which the 38-hour week is to be worked from time to time.

(f)

Upon giving 7 days’ notice or such shorter period as may be mutually agreed upon, the method of working the 38 hour week may be altered, from time to time, following negotiations between the employer and employees concerned, utilising the provisions of clause 6.1.

Rostered days off (a)

Where the arrangement of ordinary hours of work provides for a rostered day off all employees will be given a fair spread of rostered days off, from Monday to Friday.

(b)

An employee must be advised by the employer at least 7 days in advance of an entitlement to a rostered day off.

(c)

In the event that an employee is rostered off duty on a day which coincides with pay day, the employee will be paid not later than the working day immediately following pay day.

(d)

All time worked on an employee’s rostered day off is to be paid for at the appropriate overtime rate (time and a-half for the first 3 hours, double time thereafter) with a minimum payment as for 2 hours’ work: Provided that by mutual agreement the employer and the employee may agree to substitute another day in lieu of the rostered day off, in which case the day that had been rostered off will be regarded as an ordinary working day.

(e)

6.2

Where a rostered day off falls on a public holiday as prescribed in clause 7.6, the employee and the employer will agree to an alternative day off in lieu thereof.

Roster posting

The employer must, by legible notice displayed at some place accessible to the employees, notify the times of commencing and ceasing work. Such times, once notified, will not be changed except by giving 7 days’ notice. 6.3

Meal breaks

6.3.1 Employees will receive at least 30 minutes and not more than 60 minutes for an unpaid meal break to be taken not later than 6 hours after the employee commences work, unless the employer and employee agree otherwise. 6.3.2 If the meal period prescribed in clause 6.3.1 is worked, it will be paid for at the rate of double time and such double time payment will continue until the employee finishes work or is allowed a meal break, for which no deduction of pay is to be made.

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6.4

Rest pauses

6.4.1 Every employee is entitled to a paid rest pause of 10 minutes’ duration in the employer’s time in the first and second half of the working day. Such rest pauses must be taken at such times as will not interfere with the continuity of work where continuity is necessary. 6.4.2 Where there is agreement between the employer and the majority of employees concerned, the rest pauses may be combined into one 20 minute rest pause to be taken in the first part of the ordinary working day. The meal break should be arranged in such a way that the ordinary working day is broken up into three approximately equal working periods. Consent to combine the rest pauses must not be unreasonably withheld by either party. 6.5

Overtime

6.5.1 All work performed by a Day Worker outside of or in excess of the hours prescribed in clause 6.1, or outside the roster prescribed in clause 6.7.2 in the case of a Shift Worker, is deemed to be overtime. Such overtime will be paid for at the rate of time and a-half for the first 3 hours and double time thereafter: Provided that all overtime worked on Sundays is to be paid for at the rate of double time. 6.5.2 The minimum payment for Saturday and Sunday overtime is for 2 hours. 6.5.3 Meal allowances An employee, who is required to continue work after the usual ceasing time for more than 2 hours, or after more than one hour if overtime continues beyond 6.00 p.m., will be supplied with a reasonable meal at the employer’s expense or be paid $9.60 in lieu thereof. 6.6

Fatigue breaks

6.6.1 An employee who works so much overtime between the termination of that employee’s ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not at least 10 consecutive hours off duty between those times shall, subject to clause 6.6, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. 6.6.2 If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid double rates until released from duty for such period. The employee shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

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6.6.3 Clauses 6.6.1 and 6.6.2 apply in the case of a Shift Worker who rotates from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:

6.7

(a)

for the purpose of changing shift rosters; or

(b)

where a Shift Worker does not report for duty; or

(c)

where a shift is worked by arrangement between the employees themselves.

Shift work

6.7.1 A Shift Worker will receive a shift allowance of 15% in addition to their ordinary time rate of pay, Monday to Friday inclusive. 6.7.2 Hours of work – The ordinary working hours of Shift Workers will be agreed between the employer and the majority of the employees concerned and must not exceed an average of 38 per week to be worked in accordance with a roster prescribed by clause 6.2. 6.7.3 Change of roster – Except by agreement between the employer and the employee, the employer must give at least 7 days’ notice of change of roster. 6.7.4 Crib breaks – A Shift Worker is entitled to a crib break of 30 minutes’ duration without loss of pay. Such crib break is to be taken not later than 6 hours after the commencement of each shift. 6.8

Weekend work

6.8.1 Ordinary hours worked on a Saturday or Sunday are to be paid at the rate of time and a-half. 6.8.2 Any arrangement of hours which includes a Saturday or Sunday as ordinary hours must be subject to agreement between the employer and the majority of employees concerned. 6.8.3 In any arrangement of hours which includes a Saturday or Sunday as ordinary hours, the Union is to be notified in writing within 14 days of commencement of work under such arrangement. PART 7 –LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1

Annual leave

7.1.1 Every employee (other than a casual employee) shall at the end of each year of their employment be entitled to annual leave on full pay as follows: (a)

(b)

not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week; and not less than 4 weeks in any other case.

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7.1.2 Such annual leave is exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.5) must be paid for by the employer in advance: (a)

in the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary wages payable under clause 5.2, at that excess rate; and

(b)

in every other case, at the ordinary time rate of pay payable under clause 5.2 to the employee concerned immediately prior to that leave.

7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the leave to the employee from the date of termination of the employment and shall immediately pay to the employee, in addition to all other amounts due to them, their pay, calculated in accordance with clause 7.1.5, for 4 or 5 weeks as the case may be and also their ordinary time rate of pay for any public holidays occurring during such period of 4 or 5 weeks. 7.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to all other amounts due, an amount equal to 1/9th of their pay for the period of their employment in the case of a Shift Worker, and 1/12th of their pay for the period of their employment in the case of a Day Worker, calculated in accordance with clause 7.1.5. 7.1.5

Calculation of annual leave pay In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments), shall be calculated as follows: (a)

Shift workers – Subject to clause 7.1.5(c), the rate of wage to be paid to a Shift Worker shall be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or public holiday shifts.

(b)

Leading hands etc. – Subject to clause 7.1.5(c), leading hand allowances otherwise payable for ordinary time worked shall be included in the wages to be paid to employees during annual leave.

(c)

All employees – Subject to the provisions of clause 7.1.5(d), in no case shall the payment by an employer to an employee be less than the sum of the following amounts: (i)

the employee’s ordinary wage rate as prescribed in clause 5.2 for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) leading hand allowance prescribed in clause 5.2; (iii)

a further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 7.1.5(c)(i) and 7.1.5(c)(ii).

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(c)

Clause 7.1.5(c) does not apply to the following: (i) any period or periods of leave exceeding: – 5 weeks in the case of employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week; or – 4 weeks in any other case. (ii)

employers who are already paying an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

7.1.6 Unless the employee agrees otherwise, the employer must give the employee at least 14 days’ notice of the date from which the employee’s annual leave will be taken. 7.1.7 Except as provided in clause 7.1.4, it is not lawful for the employer to give, or for the employee to receive, payment in lieu of annual leave. 7.1.8 Such annual leave will be exclusive of any rostered day off which would have occurred had the employee not been on annual leave. 7.1.9 Annual shut down – An employer may close down an enterprise for a period of at least 21 consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster: Provided that by agreement with the majority of employees concerned, an employer may close down an enterprise for a period of at least 14 consecutive days including non-working days and grant the balance of annual leave due to the employee(s) by mutual arrangement. 7.2

Sick leave

7.2.1

Entitlement (a)

Every employee, except casuals and school-based apprentices and trainees, is entitled to 60.8 hours’ sick leave for each completed year of their employment with their employer: Provided that part-time employees accrue sick leave on a proportional basis.

(b)

This entitlement will accrue at the rate of 7.6 hours’ sick leave for each 6 weeks of employment.

(c)

Payment for sick leave will be made based on the number of hours which would have been worked by the employee if the employee were not absent on sick leave.

(d) (e)

Sick leave may be taken for part of a day. Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than 13 weeks’ absence from work through illness in any one year.

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7.2.2

Employee must give notice

The payment of sick leave is subject to the employee promptly advising the employer of the employee’s absence and its expected duration. 7.2.3

Evidence supporting a claim

When the employee’s absence is for more than 2 days the employee is required to give the employer a doctor’s certificate, or other reasonably acceptable evidence, about the nature and approximate duration of the illness. 7.2.4

Accumulated sick leave

An employee’s accumulated sick leave entitlements are preserved when: (a)

The employee is absent from work on unpaid leave granted by the employer;

(b)

The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months;

(c)

The employee’s employment is terminated because of illness or injury and the employee is re-employed by the same employer without having been employed in the interim.

The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.2.5 Workers’ compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3

Bereavement leave

7.3.1 Full-time and part-time employees Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.3.2 Long-term casual employees (a)

A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person’s immediate family or household in Australia.

(b)

A “long-term casual employee” is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.3.2.

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7.3.3 “Immediate family” includes:

7.3.4

(a)

A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b)

A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

Unpaid leave

An employee with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.4

Long service leave

All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.5

Family leave

The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.5.1 It is to be noted that: (a)

part-time work can be performed by agreement in the circumstances specified in the Family Leave Award;

(b)

a copy of the Family Leave Award is required to be displayed in accordance with section 697 of the Act.

7.5.2 The Family Leave Award also provides for the terms and conditions of leave associated with: (a)

Maternity leave

(b)

Parental leave

(c)

Adoption leave

(d)

Special responsibility leave for the care and support of the employee’s immediate family or household.

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7.6

Public holidays

7.6.1

Subject to clause 7.6.7 all work done by any employee on: – the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day); – The Birthday of the Sovereign; – Christmas Day; – Boxing Day; or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday will be paid for at the rate of double time and a-half with a minimum of 4 hours.

7.6.2

Labour Day

All employees covered by this Award are entitled to be paid a full day’s wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee will be paid a full day’s wage for that day and in addition a payment for the time actually worked by the employee at one and a-half times the ordinary time rate of pay prescribed for such work with a minimum of 4 hours. 7.6.3

Annual show

All work done by employees in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification of such district will be paid for at the rate of double time and a-half with a minimum of 4 hours. In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes. 7.6.4

Employees who do not work Monday to Friday of each week

Employees who do not ordinarily work Monday to Friday of each week are entitled to public holidays as follows: (a)

A full-time employee is entitled to either payment for each public holiday or a substituted day’s leave.

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(b)

A part-time employee is entitled to either payment for each public holiday or a substituted day’s leave: Provided that the part-time employee would have been ordinarily rostered to work on that day had it not been a public holiday.

(c)

Where a public holiday would have fallen on a Saturday or a Sunday but is substituted for another day all employees who would ordinarily have worked on such Saturday or Sunday but who are not rostered to work on such day are entitled to payment for the public holiday or a substituted day’s leave.

(d)

Where Christmas Day falls on a Saturday or a Sunday and the public holiday is observed on another day an employee required to work on Christmas Day (i.e. 25th December) is to be paid at the rate of double time.

(e)

Nothing in clause 7.6.4 confers a right to any employee to payment for a public holiday as well as a substituted day in lieu.

7.6.5 Double time and a-half For the purposes of clause 7.6 “double time and a-half” means one and a-half day’s wages in addition to the employee’s ordinary time rate of pay or pro rata if there is more or less than a day. 7.6.6 Stand down Any employee, with 2 weeks or more of continuous service, whose employment has been terminated by the employer or who has been stood down by the employer during the month of December, and who is re-employed in January of the following year, shall be entitled to payment at the ordinary rate payable to that employee when they were dismissed or stood down, for any one or more of the following holidays, namely, Christmas Day, Boxing Day and New Year’s Day. 7.6.7 Substitution Where there is agreement between the employer and the majority of employees concerned, a public holiday may be substituted for another day. If such other day is worked, then payment for that day will be at the rate of double time and a-half at the employees’ ordinary time rate of pay. 7.7

Jury Service

An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service. Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service. Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof. If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity. "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.

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PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 8.1

Court attendance

8.1.1 Employees required to attend a court of justice in connection with their duties shall be paid: (a)

travelling time if outside their ordinary working hours;

(b)

fares; and

(c)

their ordinary time rate of pay for the time they are attending the court.

PART 9 – TRAINING AND RELATED MATTERS 9.1

Commitment to training

9.1.1 The level of training in the industry will continue to be reviewed and upgraded where the parties deem it necessary. 9.1.2 The parties commit themselves to training as is regarded by them as appropriate and also to improving training in such cases where this is required. 9.1.3 It is agreed that the parties will co-operate in ensuring that training is maintained and improved. 9.1.4 This training will form the basis of an enhanced career structure in the industry. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1

Cleaning materials and dressing rooms

10.1.1 All cleaning materials and disinfectants, where necessary, will be provided by the employer. 10.1.2 The employer will provide suitable dressing accommodation. The changing of clothes will

occur in the employee’s time. Cleaning materials must not be kept in the dressing room. 10.1.3 Where mopping is to be done, wringer buckets will be supplied by the employer.

10.2

Night workers

10.2.1 Provision will be made for night workers to be able to leave the Premises in cases of

necessity. Keys of doors for this purpose will be kept in a sealed jar or glass case where, in case of emergency, the keys can be got out. Night employees are to be allowed to eat their meals in some portion of the Premises properly protected from the weather. The employee/s will leave such place in a clean condition. 10.2.2 Night workers are not required to clean the outside windows above the ground or floor, or, in

other than retail shops, the inside windows, if the Cleaner is required to work more than 3 metres from the ground or floor.

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10.3

Uniforms

10.3.1 Clean overalls will be supplied where the employer requires overalls to be worn. 10.3.2 Where Lift Attendants are required by the employer to wear a uniform, such uniform will be

supplied by the employer and laundered at the employer’s expense. If the employer does not launder such uniform, the employee will be paid an allowance as prescribed in clause 5.3.5. 10.4

Toilet cleaning

Employees are not required to clean toilets used by members of the opposite sex during times when the toilets are available for use by other employees or members of the public. At other times, males may clean female toilets and vice versa provided that it is made quite clear by the use of a notice that the toilets are not in use and are being cleaned by a member of the opposite sex. 10.5

Caretaker’s quarters

Where a Caretaker occupies quarters provided by the employer and provides their own furniture and personal effects, a relieving Caretaker must not occupy such quarters without the permission of the first Caretaker. 10.6

Work in the rain

When an employee’s clothes get wet because the employee is required to work in the rain, the employee will be paid double rates for all work so performed. Such payment is to continue until such time as the employee finishes work or is able to change into dry clothing: Provided that clause 10.6 will not apply where the employee has been supplied with adequate rainproof clothing. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1

Right of entry

11.1.1 Authorised industrial officer

(a)

An “Authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar.

(b)

Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union.

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11.1.2 Entry procedure

(a)

The authorised industrial officer is entitled to enter the workplace during normal business hours as long as: (i)

the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and

(ii) shows their authorisation upon request. (b)

Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the employer or other person in charge is absent.

(c)

A person must not obstruct or hinder any authorised industrial officer exercising their right of entry.

(d) If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a trespasser. 11.1.3 Inspection of records (a)

An authorised industrial officer is entitled to inspect the time and wages records required to be kept under section 366 of the Act.

(b)

An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee: (i) is ineligible to become a member of the Union; or (ii)

is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or

(iii) has made a written request to the employer that they do not want their record inspected. (c)

The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

(d) A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by an authorised industrial officer. 11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union: (a) (b)

matters under the Act during working or non-working time; and any other matter with a member or employee eligible to become a member of the Union, during non-working time.

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11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2

Time and wages record

11.2.1 An employer must keep, at the place of work in Queensland, a time and wages record that

contains the following particulars for each pay period for each employee, including apprentices and trainees: (a)

the employee’s award classification;

(b)

the employer’s full name;

(c)

the name of the award under which the employee is working;

(d)

the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks;

(e)

a weekly, daily or hourly wage rate – details of the wage rate for each week, day, or hour at which the employee is paid;

(f)

the gross and net wages paid to the employee;

(g)

details of any deductions made from the wages; and

(h)

contributions made by the employer to a superannuation fund.

11.2.2 The time and wages record must also contain:

(a)

the employee’s full name and address;

(b)

the employee’s date of birth;

(c)

details of sick leave credited or approved, and sick leave payments to the employee;

(d)

the date when the employee became an employee of the employer;

(e)

if appropriate, the date when the employee ceased employment with the employer; and

(f)

if a casual employee’s entitlement to long service leave is worked out under section 47 of the Act – the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.

11.2.3 The employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the employer’s business hours by an inspector

of the Department of Industrial Relations, in accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act.

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11.3

Trade union training leave

11.3.1 A Union delegate or duly elected or appointed Union representative will, upon written

application by the Union to the Employer, such application being endorsed by the Union and given to the employer at least 2 months in advance (or such lesser period as mutually agreed between the Union and the employer/s), be granted up to 5 working days' leave (noncumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Union. The scope, content and level of such courses or seminars must be such as to contribute to a better understanding of industrial relations within the employer's operations. Other courses mutually agreed between the Union and an employer, or employers, may be included under clause 11.3. 11.3.2 Any written application by the Union seeking release of a delegate or representative to attend

a course will include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted. 11.3.3 For the purposes of clause 11.3 “ordinary pay” means the ordinary time rate of pay payable to

the employee exclusive of any allowance for travelling time and fares. 11.3.4 The granting of such leave is subject to the employee having at least 6 months’ continuous

service with the employer prior to such leave being granted and being the elected Union delegate/representative. 11.3.5 Unless otherwise agreed the maximum number of employees of one and the same employer

attending a training course or seminar each year will be as follows: Where the employer employs between 10-50 employees Where the employer employs between 51-100 employees Where the employer employs over 100 employees

1 2 4

11.3.6 The granting of such leave is subject to the convenience of the employer so that the operations

of the enterprise will not be adversely affected. 11.3.7 Where an employer approaches the Union and demonstrates genuine difficulties with respect

to the release of a particular Union delegate or representative at a particular time (including where the employer might have previously advised of its ability to release such Union delegate or representative) the Union will not unreasonably press its request for the release of that delegate/representative at that time. If the matter is not amicably resolved, it will be processed in accordance with the grievance and dispute settling procedure contained in clause 3.2. 11.3.8 In granting such paid leave, the employer is not responsible for any additional costs except the

payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee.

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11.3.9 Leave granted to attend such training courses will not incur any additional payment or

alternate time off if such course coincides with an employee’s rostered day off or with any other concessional leave. 11.3.10 Such paid leave will not affect other leave granted to employees under this Award. 11.3.11 On completion of the course the employee must, upon request, provide to the employer proof

of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time. 11.4

Posting of award

A true copy of this Award must be exhibited in a conspicuous and convenient place on the Premises of the employer so as to be easily read by employees. 11.5

Union encouragement

Preamble Clause 11.5 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of the Union. 11.5.1 Documentation to be provided by employer At the point of engagement, the employer shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the Premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a union encouragement clause in this Award. 11.5.2 Union delegates (a)

Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged.

(b)

The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties.

11.5.3 Deduction of union fees Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer their desire to have such membership fees deducted from their wages.

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SCHEDULE 1 Classification structure and rates of pay – Brisbane Market Corporation The classifications and rates of pay for employees covered by this Award employed by the Brisbane Market Corporation are as follows: S1

Classification Structure

S1.1 Market officer Level 1 – (Relativity to Trade Equivalent – 82%) – means an employee without prior relevant experience engaged for the purpose of undertaking induction training for a probationary period of up to 3 months. Such induction training includes actual working involvement and information relating to the Brisbane Market conditions of employment., introduction to Supervisors and fellow workers, career path opportunities, work and documentation procedures, occupational health and safety, equal employment opportunities. S1.2 Market officer Level 2 – (Relativity to Trade Equivalent – 88%) – means an employee either having relevant prior experience or having undergone induction training at Level 1. Such an employee would for the majority of their working time be engaged in cleaning duties of any description or maintaining Premises in a clean condition internally or externally within the market. S1.3 Market officer Level 3 – (Relativity to Trade Equivalent – 93%–98%) – means an employee performing work to a level of skill beyond that of a Level 2 employee. Such an employee will be trained to possess the following skills and/or proficiencies: – Understanding of regulatory controls, policies and permits. – Sound interpersonal skills appropriate to the tasks required at this level. – Understanding of the clerical requirements of the position. Indicative duties of an employee at this level would include: – Collection of manifests and various fees. – Control of parking and traffic within the markets. – Preparation of management and information reports. – Cleaning and minor maintenance duties as required. S1.4 Market officer Level 4 – (Relativity to Trade Equivalent – 100%-105%) – means an employee with relevant skills and/or experience to perform duties beyond that of a Level 3 employee. In addition to skills, proficiencies and duties required of a Level 3 employee, such an employee would be required to: – Control the unloading procedures as and when required by the Supervisor. – Exercise a greater level of autonomy with respect to the performance of duties. – Work within a 24 hour, 7 day roster system.

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S2

Rates of Pay

The minimum rates of wages payable are as follows: Classification Market Officer Level 1 Market Officer Level 2 Market Officer Level 3 Year 1 (93%) Year 2 (95%) Year 3 (98%) Market Officer Level 4 Year 1 (100%) Year 2 (102%) Year 3 (105%)

Award Rate Per Week $ 501.10 526.10

Miscellaneous Workers’ Award – State 2002 (NAPSA) Section 2 – 2005 SNA – operative 01/09/05

547.00 555.30 567.90 578.20 586.50 599.10

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MISCELLANEOUS WORKERS’ AWARD – STATE 2002 (NAPSA) AWARD VARIATION INDEX (This index is not part of the Award) Clauses Varied New Award Issued

Nature of Amendment 2002 Award Review

Date of Operation 7 October 2002

Clauses 5.2.1, 5.2.2, 5.3.2, 5.3.4, 5.3.6 – 5.3.11, & S2

Wages and allowances increased by 2003 General Ruling Termination, Change and Redundancy provisions altered

1 September 2003

Meal Allowance increased by General Ruling Wages and allowances increased by 2004 General Ruling Occupational Superannuation provisions amended Wages and allowances increased by 2005 General Ruling Jury Service provisions amended Allowances increased by 1987 review Trade union training leave 2006 AFPC wage increase 2007 AFPC wage increase 2008 AFPC wage increase

1 July 2004

Clause 4.8, 4.9 & 4.10