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AW824902 [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION CATHOLIC SCHOOLS (NORTHERN TERRITORY) AWARD 2003 This award as varied to 24 November 2004 (variation PR953429) comprises pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20-2 21 22 23 24-2 25-2 26-2 26A 27 28 29 30 <Total number of pages = 32> Note: This award consolidates the Catholic Schools (Northern Territory) Award 2002 [AW815896] DISCLAIMER Please note that this consolidated award is prepared by the Australian Industrial Registry, and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. Official copies of Australian Industrial Relations Commission decisions, awards and orders can be purchased from the Australian Industrial Registry in each capital city. Printed by Authority of the Commonwealth Government Printer


AW824902 [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.113 application for variation Independent Education Union of Australia (C2003/432) CATHOLIC SCHOOLS (NORTHERN TERRITORY) AWARD 2002 (ODN C No. 07568 of 1986) [Print PR917772 [AW815896]] Various employees

Northern Territory

COMMISSIONER EAMES

DARWIN, 1 MAY 2003

Wages and conditions. CONSENT ORDER A.

The above award is varied as follows:

By deleting all clauses and schedules and inserting the following: 1.

TITLE

This award shall be referred to as the Catholic Schools (Northern Territory) Award 2003. 2.

ARRANGEMENT

1. 2. 3. 4. 5.

Title Arrangement Anti-discrimination Definitions Incidence of award

Part A - General conditions of employment 6. 7. 8. 9. 10. 11.

Disputes and grievance procedure Payment of salaries Termination of employment Redundancy Industry superannuation Recreation leave and holidays

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12. 13. 14. 15. 16. 17. 18.

Parental leave Personal leave Study leave Examination leave Long service leave Jury service Posting of awards and variations

Part B - Teaching staff employment conditions 19. 20. 21. 22. 23.

Years of service (teachers) Appointment Salary scale Postions of responsibility Advanced skills teacher classifications

Part C - Educational support staff employment conditions 24. 25. 26. 27. 28. 29. 30. 31. 32. 33.

Years of service (school officers) Contract of employment Hours of duty Higher duties Restrictions on duty Part-time employees - hours of duty and rate of pay Casual employees - hours of duty and rate of pay Protective clothing Salaries (School officers) First aid allowance

Part D - Residential staff employment conditions 34. 35. 36. 37. 38.

Scope of Part D Hours of duty Salaries Higher duties Classifications

Schedule A - Respondents 3.

ANTI-DISCRIMINATION

3.1

It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

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3.2

Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3

Nothing in this clause is taken to affect:

3.3.1

any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2

junior rates of pay;

3.3.3

an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4

the exemptions in s.170CK(3) and (4) of the Act.

4.

DEFINITIONS

For the purposes of the award, and unless the context otherwise provides, the following definitions shall apply: 4.1

Advanced skills teacher Level 1 means a classroom teacher assessed through a criterion referenced peer appraisal process.

4.2

Advanced skills teacher Level 2 means a classroom teacher assessed through a criterion referenced peer appraisal process.

4.3

Boarding staff or residential staff shall mean an employee appointed full-time, parttime, temporarily or casually in a boarding house.

4.4

Casual employee shall mean a school assistant engaged by the day and paid on an hourly basis.

4.5

Catholic school shall mean any school or institution run under the auspices of the Catholic Diocese of Darwin and shall exclude schools run by other non-government organisations, the Government of the Northern Territory, the Northern Territory University, or any post-secondary and TAFE educational institutions at which any person or body of persons provides, or offers to provide, care or courses of instruction in pre-primary, primary or secondary education.

4.6

Emergency relief teacher means a teacher employed on a day-to-day basis as required by an employer.

4.7

Employer means any person, corporation or other body named in the Schedule A Respondents to this award.

4.8

Equivalent qualifications or equivalent course means a qualification or course (as the case may be) which the employer and employee agree as being equivalent to the qualification or course prescribed by the clause in question in this award.

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4.9

Five-year trained teacher means a teacher who has obtained a degree from a recognised university which requires a minimum of four years’ full-time study, and has, in addition, satisfactorily completed a Diploma of Education or an equivalent full-time course of training of at least one year at a recognised tertiary institution.

4.10 Four-year trained teacher means a teacher who must be sufficiently qualified to gain registration as a four-year trained teacher. 4.11 Graduate means a teacher who holds a relevant degree from a recognised university, or who holds an equivalent qualification. 4.12 Part-time teacher means a teacher who is engaged to work regularly but for less than a full school week. 4.13 Permanent employee shall mean a school assistant engaged on a regular basis to be on duty for the whole or agreed fraction of each school duty day/week, or who is normally required to be on duty for the whole or agreed fraction of each working day/week (excluding six weeks’ annual leave). 4.14 Primary means that section or division of a school which provides a primary education (including infants) and includes a school which provides a primary education only. 4.15 School officer will mean those employees appointed to either classroom support or administrative roles in schools. There will be four sub-classification within the School officer classification. 4.15.1

School officer Level 1

4.15.1(a)

Employees at this level will, under direction and supervision, perform routine tasks such as student skills practice, resource preparation, resource procurement, assets processing, switchboard operation, keyboarding, bookkeeping procedures, and operation of micro computers and a range of office machinery.

4.15.1(b)

Level 1 positions may bear titles such as Classroom assistant, Library assistant, Laboratory assistant, Receptionist, Clerical assistant, Typist and Word processor operation.

4.15.2

School officer Level 2

4.15.2(a)

As well as the characteristic tasks of the School officer Level 1, the School officer Level 2 will, under the direction of and association with a Professional officer or Manager, either contribute to the planning, resourcing, implementation and evaluation of educational programs or perform a range of administrative tasks including the provision of secretarial services, bookkeeping, and implementation of effective administrative procedures.

4.15.2(b)

Level 2 positions may bear such titles as Special education assistant, Library technician, Laboratory technician, School clerk, Finance clerk or School secretary.

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4.15.3

School officer Level 3 Positions as Level 3 will be characterised by a high degree of autonomy in priority setting and in method of approach to task completion. There may be supervision of one or two other school officers and/or the delegated responsibility of control and application of material resources within the area of action.

4.15.3(a)

Level 3 positions may be titled Library technician-charge, Home liaison officer, School clerk, Finance clerk, School secretary.

4.15.3(b)

Appointment to positions at Level 3 will be made in consideration of formal qualifications held and experience in related fields.

4.15.4

School officer Level 4 School officer Level 4 will perform managerial functions involving supervision of other school officers and cleaning, janitorial, buildings maintenance and grounds maintenance employees. The School officer Level 4 will exercise responsibility for the maintenance of accurate records of financial transactions and the monitoring of cash flow. The School officer Level 4 will assess administrative procedures and monitor financial programs, and recommend courses of action to the Principal and School Board.

4.15.4(a)

Appointments to Level 4 will be made on consideration of formal qualifications and skills accrued through experience.

4.15.4(b)

Level 4 positions may bear such titles as Office manager, School administrative officer.

4.15.4(c)

Positions requiring the exercises of professional skills will be remunerated through placement on the teacher salary scale at a point commensurate with the academic award held by the employee and length of experience in the relevant field.

4.15.4(d)

Such positions may be titled School librarian, School counsellor, School bursar, School registrar.

4.16 School year shall mean the period from the first day in one year on which a school is open to receive pupils, to the day prior to the first day that the schools is open to receive pupils in the following year, inclusive. 4.17 Secondary means that section or division of a school which is not a primary department and includes a school which provides a secondary education only. 4.18 Shift shall mean the defined hours of duty for Residential Staff (including broken periods) allocated to an employee in accordance with the work roster, for any 24 hour period.

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4.19 Teacher means a teacher employed full-time, part-time, temporarily or casually, at a school, to assist the Principal in the work of the school and is herein referred to as a teacher. A teacher must have the relevant qualifications. 4.20 Teacher-librarian means a trained teacher with librarianship qualifications such as would make that person eligible for registration as an associate of the Australian Library and Information Association of Australia (ALIA) (or equivalent qualifications). 4.21 Temporary teacher means a teacher appointed by an employer to teach full-time or part-time for a period of less than a full school year, but not less than four consecutive school weeks. 4.22 Three-year trained teacher means a teacher who must be sufficiently qualified to gain registration as a three-year trained teacher. 4.23 Two-year trained teacher means a teacher who must be sufficiently qualified to gain registration as a two-year trained teacher. 4.24 Union means the Independent Education Union of Australia being an organisation of employees registered under the Workplace Relations Act 1996. 5.

INCIDENCE OF AWARD

5.1

This award shall commence on or after 14 May 2002 and shall remain in force for a period of twelve months, unless otherwise varied.

5.2

This award shall apply to the employers named in the Schedule A - Respondents, the Union - its officers and members, any person employed in Catholic schools in The Northern Territory whose classifications or duties are defined in clause 4 - Definitions, whether or not such person is a member of the Independent Education Union Northern Territory Branch, but shall not apply to such persons as are in Holy Orders, or are members of a recognised religious teaching order, and/or a Minister of Religion.

PART A - GENERAL CONDITIONS OF EMPLOYMENT 6.

DISPUTES AND GRIEVANCE PROCEDURE

6.1

Any grievance or dispute which arises shall where possible be settled by discussion at the workplace level between the employee or employees (as the case may be) and the employer.

6.2

In the case of a dispute relating to performance the employee:

6.2.1

must receive adequate notification either verbally or in writing of any complaints about or problems relating to the performance of his or her duties; and

6.2.2

must be provided with counselling and assistance to rectify any such problems within a specific time frame.

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6.3

If no agreement is reached between the employee (or employees) and the employer, and the employee requests the union or nominated representative to discuss the dispute with the employer or nominated representative of the employer the following steps shall apply.

6.4

The union representative shall be permitted in working hours (other than timetabled teaching time) to interview a representative of the school nominated for that purpose by the school in relation to a grievance or dispute. Such interview shall take place at a time and place convenient to both parties.

6.5

Meetings of union members and/or non union members who are employed at the school in relation to a grievance or dispute may be held on school premises at reasonable times outside timetabled teaching hours and at places reasonably convenient to both union members/non union members and the college.

6.6

The school shall permit the union representative in the workplace to post union notices relating to the holding of such meetings on a notice board nominated by the school and reasonably accessible to employees employed by the school.

6.7

Nothing in this clause shall remove the right of a teacher or employer to refer a dispute to the Australian Industrial Relations Commission. Wherever possible, such notification should not occur until the procedures set out at 6.1 and 6.2, have been exhausted.

7.

PAYMENT OF SALARIES

7.1

The minimum annual rate of salary payable to full-time staff in NT Catholic schools should be as set out for teachers in clause 21 - Salary scale of Part B - Teaching staff employment conditions, and for School officers in clause 32 - Salaries (School officers) of Part C - Educational support staff employment conditions.

7.2

All payment of salary and/or allowances under this award shall be payable fortnightly during school terms, and shall be payable in advance during recreation leave periods, (unless other mutually acceptable arrangements are made).

7.3

Notwithstanding 7.2, an employer may offer and a teacher may elect to receive his or her annual remuneration as a combination of salary (payable fortnightly) and benefits payable by the employer. The sum total of such salary, benefits, Fringe Benefit Tax and employer administrative charge will equal the appropriate salary prescribed by clause 21 - Salary scale, and clause 32 - Salaries (School officers).

7.3.1

The employer may determine the range and limit of benefits available to the teacher as per the guidelines of the Catholic Education Office, Darwin, which may be reviewed by the Director of the Catholic Education Office from time to time, and the teacher may determine the mix and level of benefits as provided for in 7.3.

7.3.2

Any payment calculated by reference to the teacher’s salary and payable either: 7.3.2(a)

during employment; or

7.3.2(b)

on termination of employment; or

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7.3.2(c) 7.3.3

on death,

shall be at the rate prescribed by clause 21 - Salary scale, and clause 32 - Salaries (School officers).

8.

TERMINATION OF EMPLOYMENT

8.1

The employment of an employee (other than a casual employee) shall not be terminated without:

8.1.1

(In the case of an employee in their first year of employment with the employer) at least five school term weeks’ notice, or the payment of five weeks’ salary in lieu of notice.

8.1.2

(In the case of an employee in employment with that employer for a period of from one to, and not exceeding, five years) at least six school term weeks’ notice or the payment of six week’s salary in lieu of notice.

8.1.3

(In the case of an employee in employment with that employer for a period in excess of five years) at least ten school term weeks’ notice or the payment of ten weeks’ salary in lieu of notice.

8.2

An employee shall give a minimum of five weeks notice in the school term prior to the date of terminating employment.

9.

REDUNDANCY

9.1

Redundancy in this clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone.

9.2

Period of notice If the services of an employee are to be terminated due to redundancy the employer shall provide written notice to the employee that in one full term the position occupied by the employee shall be declared redundant or partially redundant and the employee retrenched to the extent of such notice.

9.3

Time-off during notice period Within the period of notice specified in 9.2, above the employer shall endeavour to procure alternative employment acceptable to the employee.

9.4

Notice of termination If alternative employment cannot be provided for or gained by the employee at the end of one term specified in 9.2, the employer may terminate the services of the employee at that time. Such notice of termination shall be in writing.

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9.5

An employee whose employment is terminated by reason of redundancy shall be entitled to a compensatory payment of twelve weeks’ salary plus one week’s salary for each year or part thereof of continuous service with the employer up to a maximum of twelve weeks:

9.5.1

such termination payment, added to holiday leave, annual leave loading, long service leave payment and all other entitlements, is to be paid in a lump sum on the last day of employment;

9.5.2

the employee shall be provided with a statement detailing how the monetary entitlement was determined.

9.6

An employee leaving during period of notice A employee to whom notice of termination due to redundancy is given may, by giving at least one week’s notice in writing to the employer, terminate the employment during the one period provided in 9.2, provided that the employee shall be entitled to the same benefits and payments under this clause, including the compensatory termination payment, had he/she remained until expiry of such notice. In such circumstances the employee shall be entitled to payment of wages beyond the resignation date.

9.7

Acceptable alternative employment An employer in a particular redundancy case may make application to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for the employee.

9.8

Partial redundancy

9.8.1

Where pursuant to the provisions of 9.2, an employee is given notice of partial redundancy, the employee may within one month of receipt of such notice, elect to declare the position wholly redundant in which case all provisions of this clause shall applicable.

9.8.2

Where partial redundancy is acceptable by the employee a pro rata compensatory payment made in accordance with 9.5, shall be provided to the employee at the date the redundancy takes effect.

9.9

Payment in lieu treated as service If an employer makes payment in lieu for all or any of the period of notice prescribed by 9.2, then the period for which such payment is made shall be treated as service for the purposes of computing any service related entitlements of the employee arising pursuant to this award and shall be deemed to be serviced with the employer with the purposes of the Long Service Leave Act 1981.

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10.

INDUSTRY SUPERANNUATION

10.1 Employer contributions An employer shall contribute at what is the legislated rate of contribution of ordinary time earnings per eligible employee into the following approved superannuation fund: •

Catholic Superannuation Fund of Victoria.

10.2 Employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer. 10.3 No contributions shall be made for periods of unpaid leave or unauthorised absences in excess of ordinary hours or for periods of workers’ compensation in excess of 52 weeks. No contributions shall be made in respect to vacation leave paid out on termination or any other payments on termination. 10.4 Part-time employees will be entitled to receive the employer contribution mentioned above if they work a minimum of twelve hours per week. Casual staff will be paid after completion of 40 hours initially. 11.

RECREATION LEAVE AND HOLIDAYS

11.1 An employee shall be entitled to holidays on the following days: 11.1.1

New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

11.1.2

the following days as prescribed in the Territory: Australia Day, Anzac Day, Queen’s Birthday and May Day; and

11.1.3

Show Day and Picnic Day as prescribed in the Territory or locality; and

11.1.4

when Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed which is generally observed in a locality as a substitute for any of the said days respectively;

11.1.5

when Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed which is generally observed in a locality as a substitute for the said day;

11.1.6

when New Years Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed which is generally observed in a locality as a substitute day for any of the said days respectively.

11.2 Where in the Territory or locality, public holidays are declared or prescribed on days other than those set out in 11.1, those days shall constitute additional holidays for the purpose of this award.

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11.3 Substitution of public holidays by agreement By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days. 11.4 Subject to the provisions of this section, on the day succeeding the last day on which a member’s school is open, in any calendar year, there accrues to the member who has been employed for the entire school year of a continuous basis, a recreation leave credit of six weeks. 11.5 A member working on a continuous basis who commenced duty after the beginning of the school year shall accrue, on the day succeeding the last day on which the member’s school is open in that year, a pro rata recreation leave credit. The amount of this credit shall be calculated on the basis of the number of complete calendar months the member was employed, at the rate of one half of a week’s leave per month. 11.5.1

For the purposes of this computation, service for part of a month shall count as service for the whole month, provided that the member commenced not less than one month prior to the date of accrual.

11.6 Unless otherwise directed by the employer, members based in schools shall be deemed to be on recreation leave on and from the day succeeding the last day on which a member’s school is open in a calendar year. The period of recreation leave shall be to the limit of available credits, or to the day preceding the first day on which a member’s school is open in a calendar year. 11.7 Periods of unpaid leave of five days or more shall not normally count as service for the purpose of accrual of recreation leave. Where leave is granted, the employer shall determine whether the period shall count as service for any purpose. 11.8 An employee called in to work during a time when the school is on official holidays will reach an agreement with the employer on the specific conditions of such service. 11.9 Every employee (other than a casual employee) covered by this award shall, at the end of each year of his/her employment, be entitled to an annual holiday on full pay of six weeks, or a proportionate part thereof for service less than a school year. An annual leave loading shall be included in the last payment made prior to the Christmas vacation. 11.10 The annual leave loading shall be 17-1/2% of four weeks salary, at the rate of pay applicable at the time of payment or an equivalent pro rata amount. 12.

PARENTAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, and eligible casual employees, but do not apply to casual employees. Subject to the terms of this clause and the agreement of the employer, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

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12.1 Definition of eligible casual employee An eligible casual employee means a casual employee employed on a regular and systematic basis for an ongoing period of employment during a period of at least twelve months, and that the employee has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment. 12.1.1

For the purpose of this clause continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

12.1.2

An employer must not fail to re-engage a casual employee because:

12.1.2(a)

the employee or employee’s spouse is pregnant; or

12.1.2(b)

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

12.1.3

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

12.2 Definitions 12.2.1

For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where ‘child’ means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

12.2.2

Subject to 12.2.3, in this clause, spouse includes a de facto or former spouse.

12.2.3

In relation to 12.6, spouse includes a de facto spouse but does not include a former spouse.

12.3 Basic entitlement 12.3.1

After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

12.3.2

Subject to 12.4.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

12.3.2(a)

for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

12.3.2(b)

for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

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12.4 Maternity leave 12.4.1

An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

12.4.1(a)

of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

12.4.1(b)

of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

12.4.2

When the employee gives notice under 12.4.1(a), the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

12.4.3

An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

12.4.4

Subject to 12.3.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

12.4.5

Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

12.4.6

Special maternity leave

12.4.6(a)

Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

12.4.6(b)

Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

12.4.6(c)

Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

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12.4.7

Where leave is granted under 12.4.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

12.5 Paternity leave 12.5.1

An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

12.5.1(a)

a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

12.5.1(b)

written notification of the dates on which he proposes to start and finish the period of paternity leave; and

12.5.1(c)

a statutory declaration stating:

12.5.2

12.5.1(c)(i)

he will take that period of paternity leave to become the primary care-giver of a child;

12.5.1(c)(ii)

particulars of any period of maternity leave sought or taken by his spouse; and

12.5.1(c)(iii)

that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

The employee will not be in breach of 12.5.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

12.6 Adoption leave 12.6.1

The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

12.6.2

Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

12.6.2(a)

the employee is seeking adoption leave to become the primary care-giver of the child;

12.6.2(b)

particulars of any period of adoption leave sought or taken by the employee’s spouse; and

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12.6.2(c)

that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

12.6.3

An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

12.6.4

Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

12.6.5

An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

12.6.6

An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

12.7 Variation of period of parental leave Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements. 12.8 Parental leave and other entitlements An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks. 12.9 Transfer to a safe job 12.9.1

Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

12.9.2

If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

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12.10 Returning to work after a period of parental leave 12.10.1

An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

12.10.2

An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 12.9, the employee will be entitled to return to the position they held immediately before such transfer.

12.10.3

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

12.11 Replacement employees 12.11.1

A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

12.11.2

Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

13.

PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees. 13.1 Amount of paid personal leave 13.1.1

13.1.2

Paid personal leave will be available to an employee when they are absent due to: •

personal illness or injury (sick leave); or

for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave); or

bereavement on the death of an immediate family or household member (bereavement leave).

Personal leave of:

13.1.2(a)

twenty days will be available in the first year of service;

13.1.2(b)

twenty days will be available per annum in the second and subsequent years of service.

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13.1.3

In any year unused sick leave component of personal leave accrues at the rate of:

13.1.3(a) 13.1.4

ten days less the amount of the sick leave component taken from the current year’s personal leave entitlement in that year.

In any year the unused non sick leave component of personal leave shall not accrue.

13.2 Immediate family or household 13.2.1

The entitlement to use personal leave for the purposes of carer’s or bereavement leave is subject to the person being either:

13.2.1(a)

a member of the employee’s immediate family; or

13.2.1(b)

a member of the employee’s household.

13.2.2

The term immediate family includes:

13.2.2(a)

spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

13.2.2(b)

child or an adult child (including an adopted child, a stepchild or an exnuptial child), parent, grandparent, grandchild, or sibling of the employee or spouse of the employee.

13.3 Sick leave 13.3.1

An employee is entitled to use up to ten days of the current year’s personal leave entitlement as sick leave in the first year of service and ten days in the second and subsequent years of service.

13.3.2

An employee is entitled to use the accumulated sick leave component for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.

13.3.3

Application for sick leave shall be in writing, and if sick leave is applied for with pay, the application, where the absence exceeds two consecutive days or the employee has previously been absent for an aggregate of four days without production of a medical certificate during the current year of service, shall be accompanied by a medical certificate or other satisfactory evidence if requested.

13.3.4

Should an employee be absent from work on account of sickness or accident, it shall be necessary for such an employee to notify the employer or authorised agent prior to the ordinary commencing time of work wherever practicable.

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13.4 Bereavement leave 13.4.1

An employee is entitled to use up to three days personal leave as bereavement leave on each occasion save that the total amount of leave taken in any year shall not exceed ten days and further save that any leave taken as emergency leave shall be counted for the purposes of this limit.

13.4.2

An employee may be required to provide his or her employer with satisfactory evidence of such death.

13.4.3

An employee may, at the discretion of the employer, be entitled to take a further two days for bereavement leave if the employer is satisfied that, because of the remoteness of the Northern Territory from the place where the employee is going, the additional days are necessary to enable the employee to travel to that place and return to the Northern Territory.

13.5 Carer’s leave 13.5.1

An employee is entitled to use up to five days personal leave each year as carer’s leave.

13.5.2

An employee may take unpaid carer’s leave by agreement with the employer.

13.5.3

Normally, the employee shall provide evidence for carer’s leave as per 13.3.

13.6 Emergency leave Emergency leave of up to five days may be granted at the discretion of the employer, in cases of domestic emergency because of the remoteness of the Northern Territory. 14.

STUDY LEAVE

14.1 An employee, who for the purpose of furthering his or her training and after the first twelve months of employment, shall be entitled to apply for up to six hours per week leave on full pay to attend lectures at any educational institution for a course approved by the employer. Approval of the leave will be at the discretion of the employer. 14.2 An employee shall be entitled to leave without pay not exceeding twelve months for study purposes with the approval of the employer without loss of any accrued benefits. 15.

EXAMINATION LEAVE

Employees may be granted up to five days’ leave with pay to attend examinations for courses associated with their professional development. Such leave is only for travelling to and from a local examination centre plus the examination time.

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16.

LONG SERVICE LEAVE

16.1 All full-time, part-time and casual employees shall enjoy the long service leave provisions of the Northern Territory long service leave Acts, as amended, which are hereby incorporated into and shall be part of this award. 16.2 It is hereby agreed that the provisions of the Long Service Leave Act 1981 be varied to: 16.2.1

16.2.1(a)

such payment shall be calculated at the rate of 3/10ths of one month for every completed year of service;

16.2.1(b)

where resignation occurs during the year, credit will be calculated to take account of that part of the uncompleted year worked prior to resignation.

16.2.2 17.

Provide for payment of pro rata long service leave credit in lieu of long service leave on resignation, after the completion of seven or more years of service:

Provide six months’ notice of the date from which it is proposed that the employee’s long service leave shall be granted and taken.

JURY SERVICE

The employer shall reimburse a full-time employee the difference between the amount paid in respect of attendance for such jury service, and the amount of wages the employee would have received in respect to the ordinary time the employee would have worked, had the employee not been on jury service. 18.

POSTING OF AWARDS AND VARIATIONS

A copy of this award, together with any variation made from time to time in connection therewith, shall be posted and kept posted by the employer in a prominent place accessible to employees.

PART B - TEACHING STAFF EMPLOYMENT CONDITIONS 19.

YEARS OF SERVICE (TEACHERS)

A teacher, if required by the employer to do so, shall upon engagement establish to the satisfaction of the employer the length of teaching service or equivalent experience in a related field, and that period so established shall be taken to be the length of such service, for the purpose of that employment. 20.

APPOINTMENT

20.1 On commencement of employment, the employer shall provide the teacher with a notice in writing setting out the classification under which he/she is employed, a statement of duties, the rate of pay and the period of employment.

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20.2 At the commencement of each subsequent year of employment the employer shall provide the teacher with a statement of his/her classification and rate of pay. 20.3 No teacher shall be required to teach in any discipline for which he/she is not trained, without his/her consent. No teacher shall be discriminated against or victimised in any way by reason of any refusal or failure to consent to teach a subject for which he/she is not trained. 21.

SALARY SCALE

[21.1 substituted by PR941277; PR953429 ppc 13Dec04] 21.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages May 2004 decision [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations 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 National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 21.2 Wage rates [21.2 substituted by PR941277; PR953429 ppc 13Dec04] Classification T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 21.2.1

Salary rate $ 30618 33144 34517 35920 37515 38933 40842 42030 43290 46150

Entry points 2 year trained teachers 3 year trained teachers 4 year trained teachers 5 year trained teachers

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T1 T2 T3 T4

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21.2.2

Accelerated advancements

21.2.2(a)

Beginning teachers - NT service Teacher holding his/her first full-time appointment since graduating in a Northern Territory Catholic School on completion of two consecutive years, and on having completed prescribed professional development will move from the second to the fourth incremental step at the commencement of the third consecutive year of service.

21.2.2(b)

Upgrading qualifications/credentials On confirmation of the upgrading of credentials (i.e. from two year to three year, three year to four year, four year to five year) a teacher will move to the appropriate point on the classification scale commensurate with their credentials and the intent of 21.3 at the commencement of the next pay period.

21.3 Progression 21.3.1

Each teacher shall progress annually to the next level within the teachers salary range having regard to the acquisition and utilisation of skills and knowledge through experience in his or her teaching practice over the relevant period.

21.3.2

The skills and professional knowledge will be demonstrated by meeting objective criteria developed between the parties and based on industry standards.

21.4 Salary ceilings 2 year teachers 3 year teachers 4/5 year teachers

T7 T7 T10

21.5 Allowances 21.5.1

Positions of responsibility $ Coordinators, Primary Coordinators, Secondary Deputy principals APRE REC

21.5.2

2546 3182 5729

Advanced skills teacher $ Level 1 Level 2

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2500 5000

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22.

POSTIONS OF RESPONSIBILITY

22.1 On appointing a teacher to a Position of Responsibility (POR) the employer shall provide the teacher with a written statement of duties. 22.2 Acting in promotion positions Any teacher required by an employer to act in a promotion position for at least ten consecutive school days shall be paid for so doing at the rate prescribed for that position, provided that in no case shall a teacher be required to carry out such duties in a relieving capacity for more than 52 weeks. 23.

ADVANCED SKILLS TEACHER CLASSIFICATIONS

23.1 Teachers qualified in accordance with the criteria specified in the AST Peer Assessment Handbook, as amended from time to time, may apply for assessment for eligibility to hold Advanced skilled teacher Level 1 classification in their sixth year of teaching. 23.2 Teachers having held Advanced skills teacher Level 1 classification for four years may re-apply for Advanced skilled teacher Level 1 classification or apply for assessment for eligibility to hold Advanced skills teacher Level 2 classification. 23.3 Teachers eligible to hold either Advanced skills teacher Level 1 or Advanced skills teacher Level 2 classification may hold such classifications, in conjunction with holding, a Promotion (administrative) position, but will only receive the higher designated allowance. 23.4 Timetable - as specified in Peer Assessment Handbook.

PART C - EDUCATIONAL SUPPORT STAFF EMPLOYMENT CONDITIONS 24.

YEARS OF SERVICE (SCHOOL OFFICERS)

A School officer, if required by his/her employer to do so, shall upon engagement establish to the satisfaction of his/her employer the length of service and experience in a related field, and the period so established shall be taken to be the length of such service, for the purpose of that employment. 25.

CONTRACT OF EMPLOYMENT

25.1 Each School officer shall specifically be engaged as a permanent or casual employee to work, subject to a stipulated number of ordinary hours per week and weeks per year. Such basis of engagement shall not be altered except between the employer and the school officer. 25.2 On commencement of employment, the employer shall provide the employee with a notice in writing setting out the classification under which they are employed, a statement of duties, the hours of work, the rate of pay and the period of employment.

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25.3 At the commencement of each subsequent year of employment the employer shall provide the employee with a statement of his/her classification and rate of pay. 26.

HOURS OF DUTY

The ordinary hours of duty for school officers shall not exceed 37 hours, to be worked from Monday to Friday inclusive, between the hours of 8.00 a.m. and 4.30 p.m. each day. 27.

HIGHER DUTIES

The employer may direct that a school officer perform temporarily duties applicable to a classification higher than that of such school officer. Where a school officer performs such duties for more than one week, and those duties constitute the whole or substantially the whole of the type of duties which would attract the higher classification, the school officer shall be paid a salary at the rate applicable to the higher classification for the whole period during which the said duties are performed. 28.

RESTRICTIONS ON DUTY

No member of the ancillary staff shall be required to perform face-to-face teaching duties. 29.

PART-TIME EMPLOYEES - HOURS OF DUTY AND RATE OF PAY

29.1 The ordinary working hours for a permanent part-time school officer shall be worked continuously, excluding meal break. Employees shall be paid on hourly rate, equal to the appropriate weekly rate divided by 37. 29.1.1

Notwithstanding the foregoing provisions, school officers may be required to work in accordance with such other hours of work as are mutually agreed upon.

29.2 Part-time school officers shall be entitled to a proportionate amount of annual leave, long service leave and all personal leave and all statutory holidays which fall on normally designated days as well. 30.

CASUAL EMPLOYEES - HOURS OF DUTY AND RATE OF PAY

30.1 Casual school officers shall be paid for a minimum of two hours per engagement each day they are required to be on duty by direction of the employer. 30.2 The salaries of casual school officers shall be 1/37th of the appropriate weekly rate of pay for the classification concerned. 30.3 In addition to the rate prescribed in 30.2, the following salary payment shall be payable in lieu of annual leave, annual leave loading, personal leave and public holidays: •

28% for all ordinary hours worked.

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31.

PROTECTIVE CLOTHING

Where clothing of a protective nature or other items or equipment are required to promote safe working conditions, these shall be provided by the employer. In these instances, an employee shall be paid an allowance of $2.80 per week unless such uniform, dress or clothing is laundered by the employer. 32.

SALARIES (SCHOOL OFFICERS)

[32.1 substituted by PR941277; PR953429 ppc 13Dec04] 32.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages May 2004 decision [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations 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 National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 32.2 Table of salary rates [32 substituted by PR941277; PR953429 ppc 13Dec04] Classification

Salary rate $

School officer Level 1 First year Second year Third year Fourth year Fifth year

27908 28421 28933 29551 30063

School officer Level 2 First year Second year Third year Fourth year Fifth year

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30576 31088 31601 32008 32521

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Classification

Salary rate $

School officer Level 3 First year Second year Third year Fourth year Fifth year

33033 33546 34058 34676 35083

School officer Level 4 First year Second year Third year Fourth year Fifth year

35596 36108 36621 37133 37736

32.3 Progression 32.3.1

Each school officer shall progress annually to the next level within the school officer salary range having regard to the acquisition and utilisation of skills and knowledge through experience in his or her area of responsibility over the relevant period.

32.3.2

The skills and professional knowledge will be demonstrated by meeting objective criteria developed between the parties and based on industry standards.

33.

FIRST AID ALLOWANCE

33.1 A full-time School officer who holds a current recognised first aid certificate or equivalent qualification, and is required by the employer to perform first aid duties shall be paid an allowance set out below, which allowance shall be deemed to be portion of the salary of the employee for all purposes of this award: •

Per annum - $339.00.

33.2 The allowance payable to other than full-time employees similarly qualified, and required to perform first aid duties of the nature referred to in 33.1, shall be paid an allowance adjusted proportionately.

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PART D – RESIDENTIAL STAFF EMPLOYMENT CONDITIONS 34.

SCOPE OF PART D

This part applies only to Residential Staff who directly supervise or who are responsible for the supervision of, the educational, recreational and personal general welfare of boarding students in or about a boarding house and shall include those supervisory duties outside a boarding house that are regularly performed by supervisory staff. This part shall not include those persons employed as cleaners, caretakers, kitchen and canteen staff, laundry staff, nursing staff, grounds staff, and those employees primarily employed as teachers for more than 0.5 of a teaching load or to a member of a religious order unless it is so stated in a written contract of employment between that person and the employer. 35.

HOURS OF DUTY

35.1 Normal hours of duty shall not on average exceed 38 hours per week. 35.2 In the event of a situation existing which places in jeopardy the safety, good order and discipline of the residents, the employee is required to remain on duty, regardless of allotted hours, until the situation is deemed to have passed. 35.3 All full-time employees are to be entitled to two full days per week free of boarding house duty. 36.

SALARIES

[36.1 substituted by PR941277; PR953429 ppc 13Dec04] 36.1 The minimum annual salary payable to employees shall be as follows: Classification Casual assistant house parent - hourly rate Assistant house parent - Level 1 Assistant house parent - Level 2 House parent Residential coordinator

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Salary rate $ 14.38 28508 31931 34348 41860

26-2


[36.2 substituted by PR941277; PR953429 ppc 13Dec04] 36.2 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages May 2004 decision [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations 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 National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 36.3 On appointment as an employee in a boarding house, the employer shall, on production of satisfactory evidence by the employee of previous full-time equivalent experience in a similar school position, place that employee on a salary point commensurate with such previous experience. 36.4 Teachers engaged in teaching for at least 0.5 of full-time teaching equivalent (FTE) will be paid at the equivalent teaching rate. Where the teaching time is less than 0.5 FTE the salary shall be a balance of the two scales of pay; teaching scale plus boarding house scale.

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36.5 On appointment with the Associate Diploma Residential Care, or its adjudged relevant, equivalent accreditation, the employee shall be placed on one salary scale step higher, provided that that step lies within the boundary of his employment classification. 36.6 An employee temporarily filling a higher appointment for a period of seven working days or longer shall be entitled to be paid higher duty allowance. 37.

HIGHER DUTIES

An employee employed to relieve a house parent shall be paid the rate for such classifications providing that the period of relief is for not less than seven working days. 38.

CLASSIFICATIONS

38.1 Assistant house parent Level 1 38.1.1

An assistant house parent Level 1 may be required to perform any combination of a wide range of routine functions concerned with organising the domestic aspects of a residence as well as assisting with the general welfare of the students in the residence. Although this person may be expected to exercise some degree of autonomy and accept personal responsibility for limited functions involving the need for initiative and exercise of discretion, it is not expected that he or she will be responsible for the overall management of a residence.

38.1.2

Duties for an Assistant house parent Level 1, may include some or all of the following:

38.1.2(a)

Under the direction of a house parent:

38.1.2(a)(i)

supervise students;

38.1.2(a)(ii)

be responsible for the safety, behaviour, welfare and general well being of the students in all aspects of dormitory;

38.1.2(a)(iii)

supervise and assist students during homework;

38.1.2(a)(iv)

appropriate reporting and recording of student behaviour (individual or collective);

38.1.2(a)(v)

assist with domestic requirements as well as oversight of cleaning of residences and kitchen/dining room facilities;

38.1.2(a)(vi)

chaperone students;

38.1.2(a)(vii)

responsibility for the proper care of school property including maintaining personal accommodation facilities at a reasonable level;

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38.1.2(a)(viii)

arrange and assist in the transportation of students including the driving of school buses;

38.1.2(a)(ix)

clerical tasks associated with the running of the residence;

38.1.2(a)(x)

limited liaison with parents/guardian;

38.1.2(a)(xi)

monitor routines and programs, monitor property maintenance, assist the staff of other residences as required;

38.1.2(a)(xii)

perform other tasks under the direction of the house parent.

38.2 Assistant house parent Level 2 An Assistant house parent Level 2 at this level is expected to perform functions with a high degree of autonomy and personal responsibility subject to the general direction of the house parent. The duties performed will typically call for a high level of initiative and exercise of discretion. An employee at this level may be required, in addition to those functions performed by Level 1 staff, to carry out the temporary management of one residence and to assist with the organisation of a residence including the supervision of other staff and preparing and supervising programs for resident student activities. 38.3 House parent 38.3.1

Residential staff at this level will typically be expected to perform functions with a high degree of autonomy and personal responsibility. Staff at this level are subject to general direction from the Residential coordinator.

38.3.2

In addition to those functions listed for Level 2 assistant house parent staff at this level may be responsible for any or all of the following functions:

38.3.3

The total management of one residential house including all administrative planning and the implementation of these plans:

38.3.3(a)

pocket money for students;

38.3.3(b)

upkeep of building and equipment;

38.3.3(c)

staff management and deployment within the House.

38.3.4

Staff at this level will be responsible for:

38.3.4(a)

the discipline of students;

38.3.4(b)

the organisation of religious worship;

38.3.4(c)

the organisation of sporting and social functions;

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38.3.4(d)

the pastoral care of students and staff;

38.3.4(e)

the counselling;

38.3.4(f)

communication with academic staff and parents;

38.3.4(g)

the preparation of reports and other papers.

38.4 Residential coordinator 38.4.1

Residential staff at this level are expected to perform functions with a high degree of autonomy and personal responsibility. The position is responsible directly to the Principal.

38.4.2

In addition to the functions listed for this position the Residential coordinator will be required to carry out the functions of house parent of one of the residential houses.

38.4.3

In addition to those functions listed for house parent staff at this level may be required to perform any or all of the following functions:

38.4.3(a)

provide general coordination and management of the residential community by chairing regular meetings;

38.4.3(b)

establishing uniform policy and practices;

38.4.3(c)

address nursing, catering and maintenance arrangements;

38.4.3(d)

staff deployment between the Houses.

38.4.4

Further the position is responsible for any residential administrative matter outside the normal day to day management of a residential house; any matter involving more than one residential house including discipline, social and sporting functions.

38.4.5

In the absence of the Principal or school deputy, staff at this level may act in the place of the Principal and may authorise necessary action; this may, pending consultation with the Principal, include temporary suspension.

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SCHEDULE A - RESPONDENTS Catholic Education Office PO Box 219 Berrimah NT 0828

** end of text **

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