/Emmanuel_College_EB4 by Dave Tehan

Form 40

Application for certification of agreement R.139(1) Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s 156.

EMMANUEL EDUCATION LIMITED

AND QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES AND THE AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS’ UNION – QUEENSLAND BRANCH, UNION OF EMPLOYEES No.CA

of 2003

APPLICATION FOR CERTIFICATION OF THE EMMANUEL COLLEGE CERTIFIED AGREEMENT 2003 TO:

The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074

THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 on ………..day of ……………………………..2003, BETWEEN Emmanuel Education Limited AND Queensland Independent Education Union of Employees AND The Australian Liquor, Hospitality and Miscellaneous Workers’ Union – Queensland Branch, Union of Employees. All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the party’s signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of Terence Patrick Burke which is the attachment marked B. Particulars of current or previous certified agreements: (a) (b)

Emmanuel College Certified Agreement 2000 Emmanuel College Enterprise Bargaining Agreement 1997

This agreement replaces the agreements in (a), (b) above

Dated: (day, month and year)

CA 448 of 2000 CA 209 of 1998

Form 40, R.139(1).

Signed for and behalf of Emmanuel Education Limited: –

In the presence of:

(signature)

(witness to sign)

(print name)

(position, title, office etc)

AND Queensland Independent Education Union of Employees:

In the presence of:

(signature)

(witness to sign)

(print name)

(position, title office etc)

AND The Australian, Hospitality and Miscellaneous Workers’ Union – Queensland Branch, Union of Employees

In the presence of:

(signature of employee)

(witness to sign)

(print name)

(position, title office etc)

This agreement is certified under the Industrial Relations Act 1999, chapter 6, part 1.

(Signature) (name of commissioner)

Industrial Commissioner

Filed on

, certified by the commission and given Register No (day, month and year)

(number and year)

in the Certified Agreements Register. Dated (day, month and year)

Operative date:

Industrial Registrar

4 (Last page)

PARTICULARS OF THE EMPLOYER Name: Emmanuel Education Limited Business address: Birmingham Street, Carrara, 4211 Address for service: Phone number or contact phone number: (07) 5561 4000 Fax number: (07) 5561 4011 E-mail address (if any):

PARTICULARS OF OTHER PARTIES Name: Terence Burke, Queensland Independent Education Union of Employees Residential or business address: 346 Turbot Street, Spring Hill Qld 4000 Address for service: As Above Phone or contact phone number: (07) 3839 7020 Fax number: (07) 3839 7021 E-mail address: tburke@qieu.asn.au

Name: The Australian Liquor, Hospitality and Miscellaneous Workersâ&#x20AC;&#x2122; Union, Queensland Branch, Union of Employees Residential or business address: 3rd Floor, 74 Astor Terrace, Spring Hill Qld 4000 Address for service: As Above Phone or contact phone number: (07) 3016 2600 Fax number: (07) 3832 4232 E-mail address: lhmuqld@lhmu.org.au

Attachment A (See Chapter 6, part 1, of the Act, regulation, part 4 & rules, part 10, in particular r.140) ARRANGEMENT Subject Page No. 1. PRELIMINARY........................................................................................................................................................6 1.1. Title...................................................................................................................................................................6 1.2. Certified Agreement Coverage ..........................................................................................................................6 1.3. Date and Period of Operation...........................................................................................................................6 1.4. Certified Agreement Posting.............................................................................................................................6 1.5. Enterprise Bargaining Working Party...............................................................................................................6 1.6. Relationship with Parent Awards.....................................................................................................................6 1.7. Enterprise Bargaining Consultation..................................................................................................................7 2. RELATIONSHIP TO AIMS OF THE COLLEGE..................................................................................................8 2.1. Preamble............................................................................................................................................................8 2.2. Mission Statement ............................................................................................................................................8 2.3. Objectives .........................................................................................................................................................9 2.4. Educational Criteria...........................................................................................................................................9 2.5. School Improvement .......................................................................................................................................10 3. EFFICIENCY AND EFFECTIVENESS INITIATIVES.........................................................................................10 3.1. Procedures for Resolving Disputes.................................................................................................................10 Procedural Processes Relating to the Resolution Process.............................................................................................11 3.2. Hours of Duty - Teaching Staff......................................................................................................................12 3.3. Appraisal Process (Appendix 2) ....................................................................................................................14 3.4. Professional Development ..............................................................................................................................14 3.5. Performance Review (Appendix 3).................................................................................................................15 3.6. Computerisation and Technology...................................................................................................................15 3.7. Position Descriptions .....................................................................................................................................15 3.8. Positions of Added Responsibility (Appendix 4)..........................................................................................15 3.9. Senior Teacher (Appendix 5)..........................................................................................................................16 3.10. Dress Code (Appendix 6)...............................................................................................................................16 3.11. Union Recognition ..........................................................................................................................................16 3.12. Anti-bullying and Sexual Harassment Policy (Appendix 8)...........................................................................16 3.13. Resignation Clause – Teachers........................................................................................................................16 3.14. Family/Sick Leave...........................................................................................................................................16 3.15. Redundancy ....................................................................................................................................................17 4. WAGES....................................................................................................................................................................17 4.1. Wage Increases ................................................................................................................................................17 4.2. Superannuation, Salary Continuance or other.................................................................................................17 4.3. No Further Claims ..........................................................................................................................................17 5. NON-SALARY BENEFITS....................................................................................................................................18 5.1. Salary Sacrifice................................................................................................................................................18 5.2. Salary Packaging..............................................................................................................................................18 5.3. Maternity Leave (Appendix 7).......................................................................................................................18 5.4. Long Service Leave..........................................................................................................................................18 6. SAVINGS CLAUSE ................................................................................................................................................19 7.

FUTURE RE-NEGOTIATION OF AGREEMENT .............................................................................................19 7.1. Amendment, Renewal or Replacement of Agreement ....................................................................................19

Appendix 1 – Wage Rates Appendix 2 - Appraisal Appendix 3 – Performance Review

16 20 26

6 Appendix 4 – Positions of Added Responsibility Appendix 5 – Senior Teacher Appendix 6 – Dress Code Appendix 7 – Maternity Leave Appendix 8 – Anti-Bullying Policy Sexual Harassment Policy Formal Procedure for Settling Disputes in Relation to Harassment of Staff

27 31 33 35 36 38 40

PRELIMINARY 1.1.

Title

This Agreement shall be known as the Emmanuel College Certified Agreement2003. 1.2.

Certified Agreement Coverage

This Agreement shall apply to employees of the Emmanuel Education Limited (hereafter Emmanuel College, or College) covered by Awards of the Queensland Industrial Relations Commission and be binding on Emmanuel College, Queensland Independent Education Union of Employees and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. 1.3.

Date and Period of Operation This Agreement shall operate from 1 April 2003 and shall remain in force until 30 June 2004. The Agreement may only be terminated by any of the Parties to the Agreement in the matter prescribed Section 172 and 173 of the Industrial Relations Act 1999 (Queensland).

1.4.

Certified Agreement Posting

A copy of this Certified Agreement shall be exhibited in a conspicuous and convenient place at the College so as to be easily read by employees. 1.5.

Enterprise Bargaining Working Party

For the purposes of negotiating and establishing this Certified Agreement an Enterprise Bargaining Working Party was formed and comprised employees from Emmanuel College and the Queensland Independent Education Union of Employees for and on behalf of all Unions party to this Agreement, on the one hand and the employer representatives of Emmanuel College and their Industrial Adviser on the other. 1.6.

Relationship with Parent Awards

This Agreement shall be read and interpreted in conjunction with Awards having application to or adopted for the purposes of Section 160 and 163 of the Industrial Relations Act 1999 as set out hereunder except as varied by the terms of this Agreement:-

7 Teaching Staff

Teachers’ Award - Non-Governmental Schools and Industrial Agreements pertaining to that Award

Outside School Hours Care

Childcare Industry Award - State

School Officers

School Officers’ Award - Non-Governmental Schools

Groundstaff

Greenkeeping Industry Award – State

This Agreement shall be read and interpreted in conjunction with existing Awards and Industrial Agreements applying to employees of Emmanuel College. In the event of any inconsistency with existing Awards or Industrial Agreements, the terms of this Agreement will take precedence. 1.7.

Enterprise Bargaining Consultation

The Parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of the College. The Parties also accept that according to the authority and responsibility structure of the College, final decision making remains the prerogative of the Principal/Employing Authority. The Principal/Employing Authority, in coming to decisions, is committed to the process of consultation with employees. The College has already in place a number of structures to facilitate consultation and to advise the Principal/Employing Authority in decision making. These structures include: 1.7.1

Regular meetings of Staff, Middle Management and Committees.

1.7.2

An Executive Committee of Senior Staff.

1.7.3

Other committees or groups set up from time to time by the Principal for a special purpose.

1.7.4

Various committees or officers appointed according to Government regulation (e.g. Workplace Health and Safety).

The existing Enterprise Bargaining Working Party is also an important element in the consultative structure within the College. It provides a mechanism to ensure that all people affected have an opportunity to participate in the implementation and monitoring of the Enterprise Bargaining Agreement at the College level. Such an arrangement acknowledges the requirement for an atmosphere of mutual trust and co-operation. The purpose of the Enterprise Bargaining Working Party under this agreement is to: a)

provide an environment for greater two-way communication;

establish a process in which employees are able to participate in the Enterprise Bargaining initiatives;

provide management with the opportunity to utilise employee knowledge and experience.

8 RELATIONSHIP TO AIMS OF THE COLLEGE

2.1.

Preamble

Emmanuel College is a Christian College which places emphasis on the development of the whole person including the academic, spiritual, cultural, social, practical and physical dimensions. This Agreement has five (5) major priorities which are considered essential for the maintenance and preservation of the special qualities which constitute the distinctive style and nature of the College. These priorities are:

2.2.

2.1.1

The distinctive Ethos of the College;

2.1.2

The sense of a Christ-centred community College;

2.1.3

The commitment to excellence in all endeavours;

2.1.4

The high quality of education provided by the College;

2.1.5

The ability of the College to serve efficiently and effectively.

Mission Statement

Emmanuel College bases its teachings and beliefs on the Bible, both Old and New Testaments, which the College regards as the inspired and inerrant Word of God. These teachings are expounded in the Constitution of Emmanuel Education Limited and include the Statement of Belief which all staff have signed as part of their appointment to the College. 2.2.1

Requirements for College Staff All staff of Emmanuel College are required to carry out their duties and responsibilities in accordance with the Statement of Faith and the Christian ethics of the College. In particular, this means recognising that Emmanuel College exists to provide a special Christian Ministry to all the families associated with the College. Staff are required to regularly and frequently attend a Christian church and to regularly and frequently support Staff Devotions and Staff Worship Services. Staff are required to conduct their private lives in a manner consistent with Biblical principles and traditional Christian beliefs. Staff are required to act in such a way that the well being of the total school is considered at all times, and particularly that the rights of children and their parents are respected and valued. Staff are required to actively support the Christian basis of the College, as expressed in the Statement of Faith, and to conscientiously and consistently model Christian behaviour that reflects that basis. Where any staff member ceases to conduct themselves, or pursue a lifestyle in a manner which supports these requirements, and it becomes publicly damaging to the College, the Principal may call the staff member to account. The College may initiate due process, including an attempt at restoration, and may require them to resign their position if there continues to be significant incompatibility.

9 2.3.

Objectives

The agreed objectives of this Agreement are:

2.4.

2.3.1

To maintain and improve productivity, efficiency, flexibility, and effectiveness of the College through the implementation of agreed measures which will significantly increase the performance of the College and offer secure and worthwhile employment for its employees.

2.3.2

To adopt a consultative and participative approach to implement increased and sustained improvement in performance across all areas of operation of the College.

2.3.3

To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in education.

2.3.4

To develop management systems and work practices that are capable of assuring all stakeholders of the quality of the College services.

2.3.5

To maintain the College as a non-elitist agency of services to the community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage.

2.3.6

To maximise the learning outcomes for students through quality teaching.

2.3.7

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

Educational Criteria The following are the Educational Criteria which will form the Criteria for assessing success of this Enterprise Bargaining Agreement. 2.4.1

A high level of Parent Satisfaction: a)

maintenance, growth and retention of enrolments;

effective communications between parents and school;

effective management of public relations;

high standards of student appearance, behaviour and manners.

2.4.2

Provision of educational programs: a)

catering for full range of students;

excellence in both curricular and co-curricular activities.

2.4.3

Focus on the Christian ethos of the College: a)

maintenance and development of links with the Christian community on the Gold Coast;

maintenance and development of effective school welfare programs, as befitting our description as a Caring School.

10 A concern for Staff Welfare:

2.4.4 a) 2.5.

provision for professional development.

School Improvement 2.5.1

The Parties agree that over the life of this agreement, that the staff will devise and support methods of achieving improvement in all the following areas, to the point where the staff and students see the daily achievement of these as part of the culture of the College. The Enterprise Bargaining Working Party will work with staff of the college to establish procedures to achieve the goals listed below: a) Ensuring the security of the property, plant and equipment, especially after hours and at breaks b) Maintaining the property, plant and equipment to a high standard of neatness and presentation c) Maintenance of a litter-free environment d) The vigilant observance of a vandalism/graffiti free environment All Parties acknowledge that failure to substantially achieve the above goals has a direct financial effect on the College and that this will affect future benefits that the college provides.

2.5.2

Information Technology In the area of Information technology, the Parties agree that there is an urgent need to develop and maintain a high standard of currency in the quality of IT awareness and practice in the classroom and the general administration of the College. Following the development of the policy on the Minimum Standards of Computer Technology, the College is moving to further enhance the capacities of the teaching staff, nominated school assistants and non-teaching staff. Teaching staff should generally produce small documents and basic word-processing, without requiring the assistance of the Student Services Office. Over the life of this agreement, the Parties will continue to strengthen this document and implement minimum standards for all these staff, with reasonable progress toward achievement of those standards being agreed as a condition of continuing employment.

EFFICIENCY AND EFFECTIVENESS INITIATIVES 3.1.

Procedures for Resolving Disputes

The matters to be dealt with in this procedure shall include all industrial disputes between an employee and the employer in respect to any industrial matter, including the terms and conditions of this Agreement, College Policy Documents, WH&S requirements, relevant Awards and/or legislation. This procedure shall apply to a single employee or to any number of employees. Subject to the Industrial Relations Act 1999, any such industrial dispute should be dealt with by following the procedure and sequence outlined below. 3.1.1

In the event of an employee having a grievance the employee shall, after prayer, attempt to resolve the matter with the relevant senior staff member, who shall respond to the matter as soon as reasonably practicable under the circumstances.

3.1.2

3.1.3

11 If no resolution of the grievance or dispute is reached as a result of subclause (a) above, the employee should initiate a discussion between the employee and/or his representative with the relevant Head of School or Business Manager. This step should be completed within five (5) school days of the employee’s notification of his desire for a discussion. All parties may have representatives or witnesses at this meeting and any meeting in the steps outlined below. If no resolution of the dispute is reached under subclause (b) above, the employee should advise the Principal, a) that a dispute exists, b) the exact nature and/or details of the dispute, c) a brief outline of the steps taken thus far to attempt to resolve the issue and, d) of a formal request that the matter be addressed by the College Principal and/or, if he wishes, his agent. The Principal will hold formal discussions with the employee. As a part of the Principal’s investigation of this matter, the exact nature and details of the dispute will be agreed in writing. This process should be completed, and a decision communicated within seven (7) school days after the request by the employee.

3.1.4

If the employee is still dissatisfied, the employee should, within three (3) working days of the decision being received, request a second meeting with the Principal, to attempt to resolve the dispute. This meeting must be held within three (3) working days of receipt of that request. The College Principal will fully inform the Board Chairman of the unresolved dispute, and will continue to do so until the dispute is resolved. The Board Chairman will also keep the Board fully informed about the progress of the dispute.

3.1.5

If the dispute is still unresolved after discussions listed in subclause (d) hereof, the employee should notify the State Secretary of the relevant Union of employees or the employee’s nominated industrial representative. The Principal shall also be notified at the same time.

3.1.6

If, after discussion between the Parties, or their nominees mentioned in subclause (e) the dispute remains unresolved, then notification of the existence of the dispute should be given, pursuant to Section 229 of the Industrial Relations Act 1999, (Queensland). Procedural Processes Relating to the Resolution Process The following protocols must be observed by all parties during the course of the events described above. 1. Wherever possible the matters should be kept confidential to the persons concerned. 2. Every attempt to resolve the matter should be made at the earliest possible stage of this process. Should the employee not proceed to the next step of the process within 14 days of the previous step being completed, the dispute shall be deemed to be lapsed. 3. Whilst all of the above procedure is being followed, and until the dispute is resolved, normal work free of any bans, limitations or stoppages, and the status quo existing before the emergence of the grievance shall continue except in a case of genuine health and/or safety issue, or in the case of termination of employment.

12 4. All Parties shall give due consideration to the matters raised or any suggestion or recommendation made by an Industrial Commissioner or Industrial Magistrate, with a view to the prompt settlement of the dispute. 5. Any Order of the Queensland Industrial Relations Commission (subject to the Partiesâ&#x20AC;&#x2122; right of appeal under the Act) will be final and binding on all Parties to the dispute. 6. 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 pursuant to Section 229 of the Industrial Relations Act 1999, (Queensland). 7. Once the matter is resolved, the details of the agreed outcome will be recorded and a copy given to each party. 3.2.

Hours of Duty - Teaching Staff This document seeks to outline only the prescribed hours teachers actually work at school. Emmanuel College recognises and values the fact that teachers carry out school work at home on a regular basis in addition to the stated hours in this document. The College and the staff are committed to achieving the Educational Criteria as outlined in this Agreement and are committed to one another in seeking the personal well being and professional development of all Parties. There will be times when staff members are asked or encouraged to undertake atypically heavy workloads (e.g. musicals, long camps, Board of Secondary School Studies responsibilities). At such times, negotiations between staff and supervisors will occur in advance of the activity with the purpose of negotiating extra benefits such as short leave, or reduced duties or some other benefit in recognition of the staff memberâ&#x20AC;&#x2122;s extraordinary commitment. The Parties agree to the following terms, conditions and quanta relating to the allocation of duty to primary and secondary staff. 3.2.1

Teaching staff shall be required for duty during the teaching school year which shall be thirty-nine (39) weeks maximum.

3.2.2

Maximum Hours of Duty for both primary and secondary teachers shall be 1230 hours per annum.

3.2.3

Typical averaging Hours of Duty per week for both primary and secondary teachers shall be: 31.5 Hours per week

3.2.4

Hours of Duty shall include: a) Contact Time The maximum contact time for teachers shall be:Primary Classroom Teacher Secondary Classroom Teacher

25 hours 15 minutes per week 21 hours 40 minutes per week

Contact time is defined as programmed teaching time, programming sporting and administrative/pastoral care time. It shall not include compulsory weekly assemblies and chapel services.

13 b) Non-Contact Time During the period of this agreement, preparation and correction time in the Primary section of the College shall be 2 hours per week. During the period of this Agreement, preparation and correction time in the Secondary section of the College shall be an amount equal to approximately 20 percent of actual contact time. Non-contact duties include tasks primarily related to the Academic and Pastoral programs of the College. These tasks include preparing, setting, correcting and reporting on studentsâ&#x20AC;&#x2122; work, assignments and tests; assisting in writing work programs; interviewing students; and discussing pastoral care matters with other staff members. Teaching Staff shall be provided with fifty (50) minutes of paid morning tea time per week. Other meal breaks are unpaid. c) Other Duties The balance of the hours of duty may be made up by:

3.2.5

Curricular Duties Duties include such things as supervising students generally, playground and bus duty, supervising students detained for punishment, supervising students travelling on buses, staff meetings, assemblies and Chapel services.

ii)

Co-Curricular Duties Teachers are required to be involved in co-curricular activities equivalent to an average of 1 hour per week. To achieve our Educational Criteria, staff will take on other co-curricular involvements where they feel able. These duties will normally occur before or after school and include supervision and training of sporting teams, performing arts and cultural activities, and sporting carnivals. The type of personal co-curricular involvement will be confirmed after consultation with staff and a consideration of the needs of the school. Where a teacher is timetabled to take sport, co-curricular duties will normally include the training of those teams.

Overtime When Overtime is paid it will be paid at the current rate as specified in the Teachersâ&#x20AC;&#x2122; Award - Non-Governmental School.

3.2.6

Extra Curricular Extra-curricular duties are those duties which fall outside the programmed ordinary hours of work. Such duties are honorary and voluntary and shall be arranged by agreement between the teachers and the College.

3.2.7

Additional Hours Teaching staff may additionally perform twelve (12) hours per semester for such activities as Awards Nights, Open Day and evening parent-teacher meetings.

3.2.8

Camps For the success of the P - 12 camping programme, teachers should normally be available to attend one camp per year in an appropriate year level after consultation with the Head of School.

14 3.2.9

Non-Contact Days Non-contact days to assist staff development and planning will include: a) Three (3) days in non-term time to be scheduled by the school in consultation with staff. b) One (1) day in term time in each of terms 2, 3 and 4. Additionally non-contact days will be scheduled in the final week of Term 4 for report writing and/or other end-of-year activities.

3.3.

Appraisal Process (Appendix 2)

The Parties acknowledge that the current appraisal system provides opportunities for employees to identify strengths, to set goals and identify training needs. The attached Appraisal Process (Appendix 2) will remain in place until it is either ratified or amended by a majority of staff voting for such ratification or amendment, and the Board of Directors giving its assent. 3.4.

Professional Development

The Parties are committed to enhancing the skills of employees through the provision of both internal and external professional development and training, within the College’s resource capacity, linked to: 3.4.1

the relevant appraisal system

3.4.2

the goals of the College

3.4.3

the personal goals of employees as related to their work

3.4.4

the appropriateness to the employee’s position

3.4.5

workplace and industrial issues

All staff recognise the importance of professional development as a means of enhancing their skills. It shall be the employer’s responsibility for provision of a core of professional development, including release time and course fees, within the College budget. Staff acknowledge a need for on-going professional development, including release time and course fees, within College budget. Staff also acknowledge some personal contribution. Staff acknowledge a need for on-going professional development which may occur in school time and in their own time. Teaching staff may be involved in such things as relevant subject associations, the Board of Senior Secondary School Studies as Panel Chairs and Review Panel members, attending and speaking at out-of-school in-services, Cluster meetings and Conferences and further formal study. 3.4.6

Examination/Study Leave

15 Application may be made for leave with pay for the actual time taken to attend examinations, provided that the course being taken is directly related to the employeeâ&#x20AC;&#x2122;s role in the College. Leave would normally be either a morning or afternoon College session as appropriate on the day of the examination plus time for essential travel. Application may be made for leave without pay for study purposes prior to an examination, provided that the course being taken relevant to the employeeâ&#x20AC;&#x2122;s role in the College. Leave would normally be for a day. 3.5.

Performance Review (Appendix 3)

The agreed process to assist staff who have been identified as experiencing difficulties is at Appendix 3 of this Agreement. 3.6.

Computerisation and Technology

The Employer recognises the importance of the provision of access to teaching resources and equipment eg: textbooks, computer software/hardware, as the Employer considers necessary for curriculum delivery, support or management. All such resources which are provided by the College shall remain the property of the College. Further, the Employer and all teaching and administrative employees, accept a joint responsibility for enhancing skills in the use of technology in the College. The provision of appropriate professional development and training shall be subject to negotiation. 3.7.

Position Descriptions

The Parties are committed to the ongoing development of Position Descriptions. The Position Descriptions as currently exist, will remain in place until they are replaced or altered. Where alterations are made, or new positions added, a process of consultation with relevant employees or groups of employees will take place. It is acknowledged that educational institutions are generally in a period of considerable change and re-direction. It is very likely that numerous positions at the College will undergo change and/or significant restructuring over the coming years. The Parties acknowledge that the College Principal has the ultimate responsibility for making decisions on the positions, roles and responsibilities within the College. 3.8.

Positions of Added Responsibility (Appendix 4)

The agreed document (Appendix 4) will come into effect from 1 January 2001 with the following exception: 3.8.1

Teachers with currently tenured PAR positions will retain those positions until the tenure expires. At that time, any new PAR appointments will come under the jurisdiction of this agreement. The agreed document will remain in place until it is either ratified or amended by a majority of staff voting for such ratification or amendment, and the College Principal gives his assent.

16 3.9.

Senior Teacher (Appendix 5) The Parties agree to the implementation of a Senior Teacher provision as of 1January 2001 for eligible teachers who satisfy the agreed process. The Senior Teacher provision is outlined in Appendix 5 of this Agreement.

3.10.

Dress Code (Appendix 6) It is recognised that staff members provide role models for students at Emmanuel College. Therefore their dress, grooming and presentation should complement the standards set for students. The Parties agree to the continuation of the Dress Code developed under the previous agreement and appended to this document.

3.11.

Union Recognition The Employing Authority recognises the Unions party to this Certified Agreement as the legitimate industrial representatives of the employees according to their Unionsâ&#x20AC;&#x2122; respective callings. The Employing Authority and the Unions are committed to working constructively together to further the interests of education and specifically non-governmental education and the employees in this industry, while at the same time working constructively together to further the interests of Emmanuel College, as expressed in this agreement and other public documents. Subject to agreement with the respective Union, the Employing Authority shall make available to all employees facilities for the payment of their Union fees, either by payroll deduction, direct debit or other schemes as agreed. The operation of any such facility shall be dependent upon the appropriate authorisations being signed by the employee.

3.12.

Anti-bullying and Sexual Harassment Policy (Appendix 8) The Anti-Bullying and Sexual Harassment policies are at Appendix 8. The formal procedure for settling disputes in relation to harassment of staff is determined within the policies at Appendix 8.

3.13.

Resignation Clause â&#x20AC;&#x201C; Teachers The Parties agree that in order to enable the College to make appropriately considered appointments to the College staff, there needs to be sufficient time from the receipt of a resignation to the date of its effectiveness. It is agreed that all teaching staff will give not less than four (4) weeks of term-time notice of resignation. This is also applicable to staff on Maternity or other kinds of leave.

3.14.

Family/Sick Leave Notwithstanding the provisions of the Family Leave Award employees may access all accrued sick leave entitlements to provide care and support for members of their immediate family or household when they are ill.

17 Employees will become eligible for their full yearly entitlement to sick leave on the first of January each year. New employees, appointed during the course of the year, will be granted upon appointment their pro rata entitlement for that calendar year at the rate of two (2) days per term or part thereof. 3.15.

Redundancy The College acknowledges duty of care to employees and seek to maintain full employment for their staff. All parties acknowledge the constantly changing environment of education and the possibility for changes in staffing and structures to be required for the best development of the College and its programs. Notwithstanding the commitment of the College to continuing employment, situations may arise where positions become redundant. Staff affected by such redundancies shall be entitled to terms and conditions in the “Termination, Change and Redundancy Policy” handed down by the Queensland Industrial Relations Commission in 1987. In addition to the terms and conditions contained in the “Termination, Change and Redundancy Policy”, an employee whose employment is made redundant, and who has more than four years of service, shall be entitled to further severance pay of one week’s pay for each year in excess of the four years to a maximum of $30,000.

WAGES 4.1.

Wage Increases This Agreement provides for the following wage increases to be implemented as follows: The College Board is committed to the following salaries. 4.1.1

As from 19 May 2003 the College will pay 3.5% as per Schedule at Appendix 1.

4.1.2

As from 5 April 2004 the College will pay 2.5% on the then current wages and salaries.

The above wage increases will not apply to any allowances prescribed by the Parent Award listed in this Agreement other than those listed in the attached pay schedules. The actual salary for each classification at each stage of the increases is quantified in the attached Appendix 1. 4.2.

Superannuation, Salary Continuance or other The College agrees to provide an additional 0.5% above the legislated Superannuation Guarantee Charge to employees superannuation funds as an employer contribution from 1 January 2004. The College is committed to investigate with staff possible enhancements to their superannuation and/or salary continuance or other benefits.

4.3.

No Further Claims

18 The Unions and employees Parties to this Agreement, undertake that for the duration of this Agreement no further claims will be made on the College in respect to wages or working conditions. 5.

NON-SALARY BENEFITS 5.1.

Salary Sacrifice In lieu of the salary increases provided in Part 4 of this agreement a continuing full time employee may choose to have the additional payment credited to any of the approved College superannuation funds. This arrangement may be altered only once per year at no cost to the employer.

5.2.

Salary Packaging Salary Packaging may be implemented at the discretion of the College after 1 July 2000. Administrative Guidelines will be developed by the College and made available to all employees. Where agreement is reached between the employer and the employees, Salary Packaging arrangements may be made between the individual employee and the employer. Where such an agreement is reached, the employee's total salary benefit shall be reduced by an amount equivalent to that agreed between the employer and employee plus any relevant tax liability incurred by the employer. In calculating the total salary benefit the employer shall include the appropriate salary as per Appendix 1 of this Agreement, Leave Loading and Superannuation Guarantee Charge. The employer reserves the right to outsource the administration of such agreed salary packaging arrangements. Where this occurs the costs will be borne by the employee in regard to their own package. The College reserves the right to recover any administrative costs. The costs of administration of Salary Sacrifice for the purpose of superannuation only, shall be met by the employer as outlined in Clause 5.1 of this Agreement. For the purpose of calculating employee benefits the following shall apply:

5.3.

5.2.1

the payment of vacation periods and long service leave and other benefits not identified in subclause (ii) will be based on the cash component of the salary package;

5.2.2

the payment of superannuation and annual leave loading shall be based on the employee's wage as prescribed in Appendix 1, prior to any salary packaging arrangements.

Maternity Leave (Appendix 7) The parties agree to continue the entitlement that eligible employees to six (6) weeks paid maternity leave as introduced on 5 May 1998. An administrative document setting out the terms and conditions of this entitlement is attached. (Appendix 7 Administrative Document.)

5.4.

Long Service Leave 5.4.1

All employees will accumulate Long Service leave entitlement at the rate of 1.3 weeks per full time equivalent year of completed service from the date of engagement.

5.4.2

19 Employees who complete ten years of continuous service may access their entitlement to Long Service Leave. After the first 10 years, Long Service Leave may be taken after 7 years and then at five years intervals, with leave accruing at the same rate, namely 1.3 weeks per full time equivalent year of completed service.

5.4.3

Long Service Leave will be offered on a pro rata basis after 7 years upon resignation, death, retrenchment or total and permanent incapacity.

5.4.4

Timing of leave will be at a mutually convenient time with reasonable notice given. Reasonable notice should be not less than two full school terms.

5.4.5

In accordance with the Industrial Relations Act 1999 (Queensland) and subject to 6.2.4, long service leave may be taken at a time agreed between the employee and the employer.

5.4.6

If an employee fails to agree with the employer on matters, the employer may give the employee at least two full school terms notice of the date on which the employee must take at least four (4) weeks long service leave.

5.4.7

The employee must comply with the notice.

5.4.8

Where an employee is entitled to a period of Long Service Leave, such leave may be taken, by agreement between the employee and the employer at the rate of half pay. In such circumstances the length of the employeeâ&#x20AC;&#x2122;s leave would be double the amount nominally due to the employee.

SAVINGS CLAUSE The existing over award conditions and accrued entitlements of employees employed at the date of signing, shall not be reduced as a result of this Agreement coming into effect.

FUTURE RE-NEGOTIATION OF AGREEMENT 7.1.

Amendment, Renewal or Replacement of Agreement Subject to satisfactory implementation of this Agreement the Parties agree to re-open negotiations by March 2004 with a view to negotiating a replacement Agreement. Further Parties agree to monitor the implementation of the Agreement through the SBU and identify issues suitable for negotiation in a replacement Agreement. The Parties agree that this Certified Agreement may be varied by amendment in circumstances where all Parties genuinely agree that a variation is necessary. Any amendment to this Certified Agreement will be subject to the same consultation and approval process as that used for the Certified Agreement. This clause will operate pursuant to Section 169 of the Industrial Relations Act 1999.

Appendix 1

Wage Rates Teaching Staff

Classification

3.5% from 19 May 2003 fortnightl y

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 PAR Allowance Senior Teacher

annual

2.5% from 5 April 2004 fortnightl y

annual

1371.90 1410.86 1458.10 1508.34

35791 36808 38041 39352

1406.20 1446.13 1494.55 1546.05

36687 37729 38992 40335

1550.33 1636.29 1721.80 1807.85 1894.02

40447 42690 44920 47166 49414

1589.09 1677.20 1764.84 1853.05 1941.37

41458 43757 46043 48345 50649

1965.74 2037.69 2109.26 2185.49

2014.88 2088.63 2161.99 2240.13

75.40

51285 53162 55029 57018 1967.1 3

77.29

52567 54491 56405 58443 2016.3 0

2275.21

59359

2332.09

60843

Wage Rates School Officer Staff Classification

3.5% from 19 May 2003 fortnightl y

annual

2.5% from 5 April 2004 fortnightl y

annual

Level 1 Step 1 Step 2 Step 3 Step 4

1072.23 1096.77 1121.00 1145.57

27973.7 9 28613.8 3 29246.1 4 29887.0 7

1099.04 1124.18 1149.03 1174.21

28673.1 3 29329.1 8 29977.2 9 30634.2 5

Level 2 Step 1 Step 2 Step 3

1169.80 1203.36 1218.57

30519.3 8 31394.9 0 31791.7 2

1199.05 1233.45 1249.04

31282.3 6 32179.7 7 32586.5 2

Level 3 Step 1 Step 2 Step 3 Step 4 Level 4 Step 1

1340.35

31791.7 2 32538.6 4 34017.2 9 34968.7 2

1364.90

35609.3

1218.57 1247.20 1303.88

1373.86

32586.5 2 33352.1 1 34867.7 2 35842.9 4

1399.03

36499.6

1249.04 1278.38 1336.48

Step 2 Step 3

1401.41 1437.92

6 36561.6 9 37514.3 1

1436.44 1473.87

0 37475.7 3 38452.1 7

Level 5 Step 1 Step 2 Step 3

1486.70 1523.21 1559.71

38786.9 6 39739.5 8 40691.6 1

1523.87 1561.29 1598.70

39756.6 3 40733.0 7 41708.9 0

Level 6 Step 1 Step 2 Step 3 Step 4 Step 5

1609.10 1696.72 1784.63 1873.71 1959.58

41980.3 3 44266.3 3 46559.7 7 48883.8 7 51124.0 3

1649.33 1739.14 1829.25 1920.56 2008.57

43029.8 4 45372.9 9 47723.7 6 50105.9 7 52402.1 3

Wage Rates Greenkeeping Staff Classification

3.5% from 19 May 2003 fortnightl y

Level 1 Up to 3 months 3 mths/6mths Level 2 Level 3 Level 4 Level 5 Level 6

950.27 999.27 1054.10 1121.05 1218.83 1279.61 1340.29

annual

24792 26070 27501 29247 31798 33384 34967

2.5% from 5 April 2004 fortnightl y

974.03 1024.25 1080.46 1149.08 1249.30 1311.60 1373.79

annual

25412 26722 28188 29979 32593 34219 35841

Outside School Hours Care and Vacation Care (based on Child Care Industry Award - State)

Classification

3.5% from 19 May 2003 fortnightl y

annual

2.5% from 5 April 2004 fortnightl y

annual

Co-Ordinator Qualified Year 1 Year 2 Year 3

1368.12 1458.08 1476.64

35693.3 1 38040.3 4 38524.3 9

1402.32 1494.53 1513.55

36585.6 4 38991.3 5 39487.5 0

Co-Ordinator Unqualified Year 1 Year 2 Year 3

1287.47 1303.53 1338.33

33589.2 1 34008.0 6 34916.0 3

1319.66 1336.11 1371.79

34428.9 4 34858.2 6 35788.9 3

Assistant Year 1 Year 2 Year 3 Year 4

971.47 1036.02 1065.81 1090.48

25344.8 4 27028.9 0 27806.1 9 28449.8 0

995.75 1061.92 1092.45 1117.74

25978.4 7 27704.6 3 28501.3 4 29161.0 5

APPENDIX 2 THE PHILOSOPHICAL BASIS OF APPRAISAL Emmanuel College strives for the best resources and conditions for the most effective education. This is not just a sensible educational strategy, but is a Christian responsibility. The College Board is committed to the professional development and welfare of the staff team, as the most valuable resource of the College. Emmanuel College strives for excellence in all things – in the consciousness of our Christian witness and practice, and in the teaching of subjects. It wants to see that students are exposed to the best possible conditions and surroundings, the highest standards of teaching and the most effective ways of learning. Every staff member has the responsibility to do his/her best, and bring out the best in the student. The College is also operating in a legal and industrial setting, and both Board and staff are required to act in accordance with the legitimate requirements of this setting. There is a strand of thought in the Scriptures that underlines the principles we would seek to apply in any form of Appraisal that we adopt. In their broad focus, the Scriptures:

Ø Ø Ø Ø

require us to be honest with our colleagues, constrain us to speak to each other in love, acknowledge the role of authority and leadership, and remind us of our duties to the collective community or organisation.

In 1 Thessalonians 5:11-15, we hear all of these themes: “Therefore encourage one another and build each other up… respect those who work hard among you, and who are over you in the Lord and admonish you…warn those who are idle, encourage the timid, help the weak, be patient with everyone… always be kind to each other…” St. Paul clearly calls on us here to encourage, build self-esteem, help those who need it, and be constructive in our criticisms. In Romans 13:1-7, he reminds us of the legitimate role of leadership. Further, in Ephesians 4, St. Paul extends a sustained and impassioned plea to his readers to maintain a strong unity so that we may be able to fulfil our particular roles and develop in our areas of expertise. Honesty and truth are naturally non-negotiable, while sensitivity and being constructive can be seen as their companions. The God-given strengths and abilities of colleagues are to be highly valued and recognised by each other with thanks. In summary then, we can approach Appraisal positively and with a sense that we have in our hands a vehicle through which to learn and grow together for the benefit of all. The Word of God itself provides us with the call, the guidelines, the goals and the encouragement to undertake the Appraisal process.

27 PROCESSES FOR FORMATIVE APPRAISAL OF TEACHING STAFF 1.

Continuous Personal Appraisal and Professional Development 1.1

In each year of service, all teaching staff will carry out the steps as set out below for the purpose of carrying out an ongoing personal appraisal program.

1.2

The program makes use of the following elements: a) b) c) d)

1.3

Personal critical reflection. Use of a Mentor. Sharing with and receiving advice from administrators to whom the teacher is responsible, following a range of professional interactions, both within the classroom and without. Keeping records of relevant information in a Personal Appraisal File.

The steps that each teacher will undertake in any given year are as follows: Within Weeks 1-4, Term 1 a) Identify a Mentor who will help establish personal and professional goals for the coming year. b) Develop an Annual Action Plan (AAP), using the pro forma provided, which establishes a probable schedule for the coming year. c) Send copy of the AAP to H.O.S. and Mentor. Within Weeks 5-8, Term 1 d) Discuss with the relevant HOS the AAP, if necessary. Throughout the Year e) Maintain his/her own Personal Appraisal File, adding removing material as seems appropriate to the purpose of developing a range of materials to present a broad picture of oneâ&#x20AC;&#x2122;s strengths and weaknesses and steps for professional development. During Term 4 f) Towards the end of the year, arrange a final reflection with your Mentor. g) Evaluate his/her own performance in the light of the AAP. h) At the end of the year, review and condense the Personal Appraisal File. i) Revise the AAP in readiness for the next year.

1.4

The Personal Appraisal File should contain some, but not necessarily all of the following: a) a copy of the relevant Position Descriptions. b) records of Mentor's discussions. c) copies of AAPs and the end of year personal review of those AAPs. d) attendance at relevant in-service courses, seminars and conferences. e) ongoing tertiary or other studies/courses. f) Records of professional reading and/or subscriptions. g) personal observations of other teachers/practices. h) completed Self Evaluation Forms. i) Completed student/colleague/parent questionnaires where the teacher wishes to maintain copies of these. j) Comments related to the Position Description, from H.O.S. or other Senior Staff. Such persons do have the right to insist that any memo or document produced by that person must form a part of the Personal Appraisal File. k) For staff with any level of leadership or administrative responsibility, this file must contain evidence of relevant leadership resulting from staff feedback /comments. l) Other relevant items.

1.5

The Annual Action Plan should reflect some or all of the following goals. Development of the whole teacher (i.e. as a person, as a member of a profession, as a classroom practitioner, as a member of the school community), requires that all of these aspects are considered over a five year period. a) b) c) d) e) f) g) h)

Goals for professional development. Planned meetings with Mentor. Goals for teaching improvements/changes. Goals for classroom management improvements/changes. Goals for co-curricular development. Goals for leadership/organisation/management development where appropriate. Goals for furthering collegial relationships. Goals for developing a Christian perspective in teaching practice and curriculum.

Formal Formative Appraisal Process 2.1

Every five years each teacher will undergo a formal Formative Appraisal with the Head of School or his/her nominee. The purposes of the appraisal are: i)

to allow the staff member to reflect upon his/her practice and engage in professional discussions with his/her colleagues and supervisor(s), and

ii)

to enable the school to meet its obligations in terms of accountability to the various stakeholders.

The common principles of the appraisal process will be: a) b) c) d) e)

The assumption that the staff member is competent. The intention to create a non-threatening experience, the main purpose of which is to monitor professional growth. A focus primarily on the work, rather than the personalities involved. A shared goal of encouraging and providing the conditions for the staff member to continue learning and improving his/her practices. An understanding that professional learning occurs most readily through collaborative and collegial processes.

2.2

The appraisal should be completed within a period of up to four school weeks, (not including any appeals or reviews), this period being selected as far as possible, by mutual agreement, taking into account the teacher’s teaching program and the HOS’ program which will probably involve appraisals of several staff.

2.3

The teacher sorts and edits the Personal Appraisal File and retains those documents which he/she wishes to form part of the appraisal.

2.4

The content of the teacher’s Personal Appraisal File will be reviewed and discussed with the Head of School or his/her nominee. Where either party feels it is necessary, matters arising out of this review will be discussed, and contributive comments sought where appropriate from a HOD or some other senior staff member. The teacher being appraised may request the HOS to seek input from up to two different staff members, including one senior staff member.

2.5

As a result of this process, the HOS will write, or cause to be written, a report which reflects the various elements of the Appraisal process and the teacher’s Position Description. The report should contain reflective, constructive, purposeful comments and suggestions for future practice and professional development. The teacher has the right to determine whether that report forms part of

29 his or her Employee File, although it is recognised that the HOS would always keep an Appraisals File for his/her own records. The report must however remain as part of the teacher’s Personal Appraisal File. 2.6

The teacher should be given the report for his/her own perusal and should arrange a meeting within seven days with the HOS or the author of the report to discuss that report. If changes to the report are agreed, they will be made and all former copies destroyed. At least until the report and this process is finalised the content of the report should remain confidential to the teacher, the HOS, the teacher’s Mentor and any other party who may have been involved in the creation or formal discussion leading up to the report.

2.7

If the teacher still believes that the report does not reflect accurately on his/her performance, he/she may appeal to the Principal for a review. The Principal will review the report and discuss it with the HOS and the teacher concerned. The Principal may also interview other parties relevant to the teacher’s role in the school. The Principal will make a final determination, recommending at least one of the following courses of action:

2.8

a) b)

A rewrite of the report. A repeat of the whole Appraisal process from 2.2 above, (including this avenue of appeal), for that teacher, but with the additional involvement of at least one more member of Senior Staff, or a Senior Teacher, appointed by mutual agreement between the Principal and the teacher.

c) d)

Approval of the report as it stands, or with alterations made by the Principal. Some other action, consistent with the special needs of the case.

There is no further avenue for review of the process after this stage, and all of its recommendations are complete. Disposition of the report in its final form will remain as described as in 2.7 above. APPRAISAL OF FIRST YEAR TEACHERS

A First Year Teacher (F.Y.T.) is a teacher who has not yet completed one full year of full time teaching in any school. He/she is deemed to be on probation for a period of 52 weeks from the commencement of duties.

First Year Teachers will undergo a suitable induction process, involving mentoring, discussions and initiation into the College culture and programs.

The First Year Teacher appraisal process will contain the following elements. 3.1

The procedures will be outlined to the F.Y.T. at the commencement of their taking up duties.

3.2

The F.Y.T. is expected to maintain good records of planning, assessment and other professional requirements for all students in their care. These records will be made available to the various supervisors e.g. HOD, DOS, HOS.

3.3

The HOS will ensure that a F.Y.T. receives a written report at the end of each term. That report will address essential elements of the relevant Position Description, and any relevant elements of the document, Ideal Qualities of an Effective Teacher, as appropriate to the F.Y.T.’s age and experience. (During the life of this agreement the document may be reviewed by the Appraisal Review Committee.)

3.4

The report will be prepared in consultation with at least three staff members including a mentor of the F.Y.T.

3.5

The report will be given to the F.Y.T. with opportunity for discussion and explanation in an open and collegial manner.

30 3.6

Where the authors of the report believe that particular areas need to be addressed, recommendations for action, and suggestions for advice or counselling should be clearly articulated.

3.7

Each term’s report should include reflections on previous reports and any relevant recommendations.

3.8

Where serious concerns are held regarding the teacher’s likelihood of progressing beyond the probationary year, these concerns should be indicated, with clear recommendations for the addressing of these concerns, at least by the second termly report.

3.9

Upon receipt and consideration of the third termly report, the Principal will make one of the following decisions:

3.10

(i)

to confirm the teacher’s permanent appointment within the school, or

(ii)

to offer further support services for a period of not less than four weeks after which a further and final appraisal will be undertaken.

If the teacher’s final appraisal report (as in 1.3.9 above) is unsatisfactory, the Principal may consider dismissal with appropriate notice.

Copies of all reports are to be retained by the teacher and the College.

Where a F.Y.T. is also a specialist teacher e.g. Resource/Music/PE/Librarian, etc, a process similar to that outlined above will be followed. In such cases, very specific advice, assistance, professional development will be provided, and regular appraisals will reflect the Position Description and any other documentation (e.g. syllabus, work programs, guidelines) relevant to the specialist position.

APPRAISAL OF NEWLY APPOINTED EXPERIENCED TEACHER 1

A Newly Appointed Experienced Teacher (N.A.E.T.) is a teacher who is appointed to Emmanuel College for the first time but has completed at least one full year of full-time teaching in another school.

Newly Appointed Experienced Teachers will undergo a suitable induction process, involving mentoring, discussions and initiation into the College culture and programs.

The Head of School(s) will ensure that a N.A.E.T. receives a written report at the end of each term. That report will address essential elements of the relevant Position Description, and any relevant elements of the document in, Ideal Qualities of an Effective Teacher, as appropriate to the N.A.E.T.’s age and experience.

The report will be prepared in consultation with at least two staff members including a mentor of the N.A.E.T.

The report will be given to the N.A.E.T. with opportunity for discussion and explanation in an open and collegial manner.

Where the authors of the report believe that particular areas need to be addressed, recommendations for action, and suggestions for advice or counselling should be clearly articulated.

Where serious concerns are held regarding the teacher’s likelihood of progressing beyond the probationary year, these concerns should be indicated, and clear recommendations for the addressing of these concerns, at least by the second termly report.

Upon receipt and consideration of the third termly report, the Principal will make one of the following decisions:

(iii) (iv)

31 to confirm the teacherâ&#x20AC;&#x2122;s permanent appointment within the school, or to offer further support services for a period of not less than four weeks after which a further and final appraisal will be undertaken.

If the teacherâ&#x20AC;&#x2122;s final appraisal report (as in 2.8 above) is unsatisfactory, the Principal may consider dismissal with appropriate notice.

Copies of the final report are to be retained by the teacher and the College. The teacher may request that earlier reports be not included in the teacherâ&#x20AC;&#x2122;s Employment File.

Where a N.A.E.T. is also a specialist teacher or in a PAR, a process similar to that outlined above will be followed. In such cases, specific guidelines, professional development and assistance will be provided. Termly appraisals will reflect the Position Description and any other documentation relevant to that position. Where leadership of other staff is a significant component of the position, the quality of that leadership will form an essential part of the appraisal process.

32 APPENDIX 2 ANNUAL ACTION PLAN 2000 Name: _____________________________________ Planned Dates of Mentor Meetings:

Date: _______________________

1. ____________________________

Name of Mentor: ______________________________

2. _________________________

3. _________________________

Goals indicated on this Action Plan should reflect at least some of the following: Goals for professional development (e) Goals for co-curricular development (b) Planned meetings with personal mentor (f) Goals for leadership/organisation/management development where appropriate (c) Goals for teaching improvements/changes (g) Goals for furthering collegial relationships (d) Goals for classroom management improvements/changes (h) Goals for developing a Christian perspective in teaching practice and curriculum Goals for the Current Year: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________

Strategies to attempt to achieve these Goals: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ ______________________________________________________________________

Long Term Goals (2 â&#x20AC;&#x201C; 5 years): ___________________________________________________________________ ___________________________________________________________________ ___________________________

Mentor Comments:

Head of School/Head of Department Comments:

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________

Reflections (to be completed by teacher during the year or at the end of year, as desired): __________________________________________________________________________________________________________________________________________________

33 __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________

34 APPENDIX 3 SPECIAL CASE PERFORMANCE REVIEW 1

From time to time, the performance of a teacher (including a person in a Position of Added Responsibility), may come under particular scrutiny. This could be for a variety of reasons such as, but not exclusively, pedagogical performance, or classroom management, or insubordination, or philosophical and religious issues, or continued absences, or staff relationships, or parental concerns, or a failure to meet some of the requirements of the Position Description, or failure to meet the exp ectations of School Improvement (Clause 2.5).

To ensure that all parties concerned are treated justly, and to maintain professional and legal credibility, the procedures outlined below must be followed.

If after appropriate counselling or advice and written direction and explanation from a Head of School or other supervisor, a teacher still appears to be experiencing major difficulty in discharging his/her duties to the satisfaction of College, the Principal is to inform the teacher in writing that he/she is required to undergo a Performance Review. The specific grounds and/or focus for this Review will be made clear in this letter of notification.

The Performance Review may involve all or some of the following, at the initiation of either the Principal or the teacher concerned: § § § § § §

Classroom inspections by at least two senior teachers. Counselling or advice by internal or external advisors. Interviews and discussions with the teacher, and/or the Mentor. Reference to, and comparison of present practice with, the current Personal Appraisal File. Examination of relevant records, such as programs, rolls, assessment records, and other documentation produced by the teacher. Soliciting of information from students, parents and other staff.

The relevant Head of School will write, or cause to be written, a report which covers the following areas: 5.1

Explanation/elaboration of the initial grounds/focus for this Performance Review.

5.2

Detailed comments following appraisal of the teacher’s performance in areas relevant to the grounds/focus.

5.3

Recommendations for change or improvement in clearly specific areas.

5.4

Evidence of consultation with at least two senior staff and the teacher’s Mentor

5.5

Supportive material gleaned from sources such as, but not exclusively, classroom observations, collegial comments, parental or student comments, the teacher’s records of planning and assessment.

A copy of this report is to be forwarded to the Principal and the teacher.

After studying the report the Principal will follow the following procedures: a) b) c) d)

formally interview the teacher: The teacher may have another staff member present for support observe the teacher in the classroom if deemed necessary; examine appropriate records such as programs, rolls, record cards, pupil assessments, etc. confer with other members of the school community if appropriate.

The Principal will then decide appropriate action from the following alternatives:

a) b)

35 confirm the teacher's position at the school; notify the teacher of a "period of grace" at the school with professional support and/or a supervision program. After a period of no less than 4 term weeks, and no more than ten term weeks, a second appraisal will be undertaken, as in 7above.

If a teacherâ&#x20AC;&#x2122;s performance is found to be unsatisfactory after this appraisal, the Principal may proceed to dismiss the teacher with appropriate notice or payment in lieu of notice.

36 APPENDIX 4 POSITIONS OF ADDED RESPONSIBILITY 1

PRELIMINARY 1.1

Agreement Coverage This Agreement shall apply to those teachers appointed to positions of added responsibility whose rates of remuneration are prescribed by this Agreement and who are employed by Emmanuel College.

1.2

Determination of Structure There will be a Positions of Added Responsibility structure at Emmanuel College. The parties to this agreement accept that the determination of the Collegeâ&#x20AC;&#x2122;s Positions of Added Responsibility structure is the prerogative of the College Principal, and that variations to the structure may be made from time to time including during the life of this agreement.

1.3

Introduction This Schedule prescribes conditions of employment for PARs covered in this Certified Agreement.

DEFINITIONS 2.1

PAR A PAR is defined as a teaching position within the promotional structure of the College (up to Head of School) where the incumbent may be responsible for the co-ordination of curricular and/or cocurricular duties associated with a subject(s) or subject area(s) or the co-ordination of pastoral duties.

2.2

Curricular The co-ordination of Senior School and/or Junior School curricular, and co-curricular duties, programs and activities, associated with a subject or subject area(s).

2.3

Pastoral The co-ordination of staff with pastoral duties, programs and activities, and may include the counsellor.

2.4

Senior School The Senior School is defined as Years 8-12. All staff covered by this clause are expected to attend Chapel, House and Assembly each week.

2.5

Junior School The Junior Schools is defined as Years P-7.

SENIOR ADMINISTRATOR The College may appoint teachers to the position of Senior Administrator (such as Head of School, Director of Studies, Director of Student Welfare). The remuneration and release time for such positions will be determined by the College Principal and will be commensurate with the Collegeâ&#x20AC;&#x2122;s expectations of such positions.

37 4

P-12 APPOINTMENTS The College may appoint teachers to positions which have a P-12 responsibility (such as Director of Performing Arts, Chaplain, Librarian, Director of Sport). The remuneration and release time for such positions will be determined by the College Principal and will be commensurate with the Collegeâ&#x20AC;&#x2122;s expectations of such positions.

SHARED RESPONSIBILITY Where an area of responsibility is shared, the PAR points will be shared between those responsible as determined by the College Principal.

POSITIONS OF ADDED RESPONSIBILITY (A)

SENIOR SCHOOL (i)

Academic

The PAR level shall be determined by the following: Level 5:

Where the subject(s) or subject area(s) concerned in the Senior Schools occupies at least 70 hours in the weekly teaching program, a Level 5 PAR shall be appointed.

Level 4:

Where the subject(s) or subject area(s) concerned in the Senior School occupies at least 50 hours in the weekly teaching program, a Level 4 PAR shall be appointed.

Level 3:

where the subject(s) or subject area(s) concerned in the Senior School occupies at least 30 hours in the weekly teaching program, a Level 3 PAR shall be appointed.

Level 2:

Where the subject(s) or subject area(s) concerned in the Senior School occupies greater than 20 hours in the weekly teaching program, a Level 2 PAR shall be appointed.

Level 1:

Where a teacher has sole responsibility for the co-ordination of the subject(s) or subject area(s) concerned in the Senior School, and the subject(s) or subject area(s) are not under another Co-ordinator or Head of Department, a Level 1 PAR shall be appointed.

A teacher who is appointed as a PAR (Senior School Academic) shall be entitled to additional remuneration and time release as set out in the following table:

Level

Total PAR Units

Minimum Allowance

5 4 3 2 1

8 6 4 3 1

2 2 1 1

Salary

Minimum Release

2 2 1 1

Time

PAR Units agreed to between Principal and Teacher 4 2 2 1 1

The College always reserves the right to determine which subjects will be grouped together under a Coordinator or Head of Department. It also reserves the right to alter such groupings from time to time to suit the needs of the College as determined by the Principal.

38 (ii)

Pastoral Pastoral Care is an integral part of the work of Emmanuel College. The structure of positions of added responsibility in Pastoral Care will vary as the need changes within the College. It will include Counsellors, Year Co-ordinators, Heads of Houses and other such positions. Teachers appointed to positions which involve administrative responsibility with the pastoral care program may be renumerated as follows:

(B)

Position

Total PAR Allocation

Year Co-ordinators Head of Houses

6 2.5

Unit

Minimum Salary Allowance

Minimum Time Release

1 -

3 1

PAR Units agreed to between Principal and Teacher 2 1.5

JUNIOR SCHOOL Junior School positions will be determined by the Principal taking into consideration the following: § § § § §

(C)

The Strategic Operational Plan of the College; Number of students; Number of year levels; Number of teachers/homeroom groups; Approximate hours per week involved.

OTHER The College may appoint teachers to Other Positions of Added Responsibility (such as Vocational Education Co-ordinator, Careers Adviser, etc.) The remuneration and release time for such positions will be determined by the College Principal and will be commensurate with the College’s expectations of such positions.

REMUNERATION (a)

For the purpose of determined the appropriate remuneration and release time for each leave of PAR, one unit of allowance and one unit of release time shall be calculated as follows: §

For teachers who have been on Band 3 Step 4 for at least 12 months the remuneration value for the first point of allowance is equivalent to the difference between the Senior Teacher salary scale and Band 3 Step 4 salary scale. Each subsequent point of allowance is equivalent to 3.45% of Band 3 Step 4.

For teachers who have not been on Band 3 Step 4 for at least 12 months one unit of allowance is equivalent to 3.45% of Band 3 Step 4.

One unit of release is equivalent to approximately 45 minutes per week.

(b)

The allowance is determined by the pay schedule of the Certified Agreement and payable for all purposes of the relevant Award and this Certified Agreement.

(c)

The distribution of the total unit allocation identified in column five in the table at 6 (A)(i) shall be between the Principal and individual teacher by mutual agreement. The distribution of the total unit allocation may be reviewed each year and varied by mutual agreement. Should agreement not be reached the PAR unit allocation shall be equally distributed between the salary allowance and time

release provided that this can be facilitated within time-tabling and other requirements of the College. In such cases the Principal will make the final determination. SELECTION PROCESS

Appointment to the position of PAR shall be at the discretion of the Principal. The suitability of an applicant for a position will be based on the requirements of the job description and general College needs. 9

TENURE A Teacher who is appointed to a promotional position shall retain that position except where:

(1)

the teacher’s performance has been found deficient by a formal performance review process; or

(2)

the existing promotional position has been abolished or

(3)

the existing promotional position has been abolished and anew position has been declared open and the applicant fails to be reappointed to such a position;

(4)

the provisions of subclauses (2) and (3) shall only be applied in circumstances where the College has undertaken academic and/or administrative change that has resulted in an alteration to the duties and/or responsibilities of the existing position.

ACCOUNTABILITY The College and its staff recognise that the face of education in Australia is currently changing rapidly and is likely to continue to do so. In this context, all staff members who hold Positions of Added Responsibility will be accountable to: § § § § § § §

Achieve the performance outcomes required within the College’s Strategic Operational Plan Achieve a high level of student and parent satisfaction in their area of responsibility Maintain in their area of responsibility, a “cutting edge” level of development in terms of programmes, teaching methodology, Information Technology, and forward planning Maintain currency in their field of responsibility through personal reading, study and professional development Maintain a clear vision for the development of their area of responsibility in line with the College’s Strategic Operational Plan and current educational trends Consistently support and reflect the College’s ethos in their personal and professional lives Present to the Head of School each year by October 31, a Departmental report which outlines the above in addition to any other areas which demonstrate the particular achievements or directions of the Department.

CONTRACT OF EMPLOYMENT A teacher appointed to a Position of Added Responsibility under this Schedule shall be provided with a letter of appointment which sets out the following:

(a)

The Level allocated to the position; and/or

(b)

The distribution of the total allocation of salary and time release. This distribution may be varied on an annual basis by mutual agreement. However, where such variation occurs, this variation is detailed in writing.

SUPPLEMENTARY PAR POINTS

40 Supplementary PAR Points (over and above the contracted number) may be allocated by the College Principal at his/her discretion for a fixed period of time to meet the particular needs of the Collegeâ&#x20AC;&#x2122;s Strategic Operational Plan at that time.

41 APPENDIX 5 Senior Teacher 1.0

Senior Teacher

1.1

A full time permanent teacher is eligible to be a Senior Teacher when he/she: (a)

Has been on the classification Band 3 Step 4 for a period of 12 months; and

(b)

Signs and presents to the Principal an undertaking clearly consistent with Clause 2: Senior Teacher Action Plan.

1.2 The College will confirm advice to the teacher regarding the teacher’s eligibility to be a Senior Teacher, following a written request from a teacher for such confirmation. Such confirmation will be in writing and identify the date of eligibility. 1.3 The teacher may submit a Senior Teacher Action Plan (see 2.0 below) prior to the eligibility date. However, remuneration as a Senior Teacher will commence only from the date of eligibility.

2.0

Senior Teacher Action Plan

2.1 The teacher will submit a Senior Teacher Action Plan which lists one or more tasks the teacher will undertake consistent with the express intention of increasing the excellence of the teacher’s contribution to the education life of the College. 2.2 This undertaking will be in the form of a Senior Teacher Action Plan (Attachment 1), which will identify specific task/s consistent with one or more of the skills identified in Clause 2.7. 2.3 The Senior Teacher Action Plan will be submitted to the Principal signed by the Teacher and the Principal, once the Plan is agreed upon by both parties. The Principal may delegate this role to a Head of School, or may ask the teacher to modify the Action Plan in consultation with the Head of School. This process should be carried out in timely and efficient manner. 2.4 The date of the final signing by both parties is the date of appointment, unless the Action Plan specifies a different starting date. 2.5 The Senior Teacher Action Plan may be altered (a) by a teachers re-submitting the Senior Teacher Action Plan to the principal, or (b) the Principal giving the teacher three terms; notice of the need to submit a new Action Plan. The teacher may re-submit a Senior Teacher Action Plan no more than once per year, which will go through the same process as in Clause 2.3. 2.6 The tasks identified in the Senior Teacher Action Plan will be undertaken by the teacher in a timely and effective manner consistent with the overall program of the College. 2.7

The task/s identified shall utilise and/or demonstrate one or more of the following: (a)

Skills in effective classroom practices;

(b)

Skills in tutoring or extending students’ knowledge or skills;

(c)

Skills in evaluating and reporting student’s progress;

42 (d)

Skills in developing a co-curricular area;

(e)

Skills in developing relationships with students;

(f)

Skills in the development of personal and professional relationships with other staff members, parents and the wider community;

(g)

Skills in the development and implementation of ideas gained from professional development activities to enhance student’s learning;

(h)

Skills in the development and implementation of ideas gained from professional development activities to promote organisational development.

(i)

Skills in administration or organisation or a technical field;

3.0

Classroom Allocation

3.1

The tasks of a Senior Teacher will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, with the available resources and consistent with the Hours of Duty provisions.

4.0

Tenure

4.1

Should a teacher not comply with an undertaking he/she has given, or fails to submit an acceptable Action Plan at the request of the Principal, (as in 2.5 above), the Principal will: (a) (b)

4.2

Outline the nature of the non-compliance; Provide the teacher with an opportunity to provide an explanation.

If the teacher does not provide an explanation to the satisfaction of the Principal and after being given an opportunity, fails to address the situation, then: (a)

The Principal will provide a written determination to the teacher outlining the teacher’s noncompliance with the undertaking; and

(b)

The teacher will revert to the classification Band 3 Step 4 for a period of 12 months from the date of the Principal’s written determination.

4.3

After 12 months, the teacher is again eligible for access to senior teacher, provided that the Principal is satisfied that the undertaking given will be honoured.

4.4

The appointment will automatically lapse in the event of the person taking on a temporary or permanent Position of Added Responsibility.

5.0

Remuneration Remuneration will be set by the Enterprise Bargaining Working Committee in accordance with the process determined at Clause 4.1 of this Agreement and prescribed in Appendix 1 of this Agreement.

43 APPENDIX 6 STAFF DRESS CODE The intention of this document is to give guidelines, and to describe contextual expectations, rather than prescribe specifics. Changes in fashion, effects of weather, and special occasions may demand individual or special case decisions, which should always be taken in the light of the broad parameters of this code. THE SCHOOL ENVIRONMENT College employees work in an environment which is characterised by the following: (1)

Students wear a prescriptive uniform which is of a reasonably formal nature, especially in the Senior School. The uniform’s formality is of a higher register in the “winter terms”.

(2)

The College is a professional community, and staff - especially teaching staff - are accorded rights, privileges and rewards which reflect that professional standing.

(3)

Our client base is from a wide range within the community, but is frequently from the business/ commercial world.

SPECIFIC GUIDELINES In the context of the foregoing statements, the following guidelines are set out as standards. Where special cases do not match the guidelines, the tenor or spirit of the guidelines should be followed. The Principal, Heads of School and Business Manager reserve the right to make judgements on “grey” areas not covered in the guidelines. 1

Men should wear a tie during Terms 2 and 3, and on any formal occasion or excursion (unless the excursion venue suggests a different standard). During Terms 1 and 4, an open-necked shirt with a collar, and shorts and long socks may be worn.

Women should match the attire for men outlined above, in an appropriate feminine style.

Casual denim Jeans, tracksuits or other extremely casual wear would always be inappropriate for a normal school day.

On occasions where staff are involved in significant public relations (eg Parent-Teacher meetings, Open Day, Annual Worship Service, Graduation Day etc), staff should dress more formally. Ties and long trousers for male staff, tailored slacks, skirts, dresses or items of similar formality for female staff would set the appropriate tone.

On some set occasions in the year, for example Graduation Ceremonies, all staff are required to wear academic gowns and hoods (colours).

Footwear should be of a standard, style and quality to match professional dress.

On sports days, teachers should wear normal attire for the normal class lessons, and change if desired, at lunch time into appropriate sporting clothes. It is recognised that our changing facilities are not good, for teaching staff at this point. Until a better changeroom is provided in the new Administration Centre, teaching staff may wear neat casual clothes on sports day to avoid changing. Once those facilities are available, however, secondary staff will be expected to change at lunch time, as suggested above. A committee will investigate the possibility of a Teachers “Sports Uniform”.

44 8

All staff should wear hats when working, supervising or teaching outdoors. This is an important example to students, and is also advisable for a staff memberâ&#x20AC;&#x2122;s own protection.

Overall appearance, including personal grooming, hairstyle and personal presentation should be in keeping with standards generally regarded as appropriate in the professional and business community. In general the overall impression should be smartly professional rather than casual or informal.

Some staff eg Physical Education, Ground Staff, will need to adopt a style of dress to suit their work environment and their role in the school. These members of staff should meet the general tenor of acceptability of appearance as outlined in this document, but in such a way as to meet the demands of their own work environment.

Where an issue of Workplace Health and Safety would demand a variation to any of the above, sensible and reasonable variation should be adopted.

During School holiday periods it is recognised that a more casual style of clothing may be adopted by those staff who continue to work at the College in those periods, for example, men may choose not to wear a tie, women may choose a similarly informal style. Contact with members of the public is still quite frequent in these periods so the level of informality needs to be maintained (as in current practice) at a casual but businesslike level.

Similar standards apply to all staff on student-free days. SUMMARY The purpose of this Code is to enable staff to have an understanding of the expectations of the College in relation to their daily attire. The Code attempts to combine the demands of changing work environments, a sub-tropical climate, and a demonstration of professionalism which is in the interests of all parties in an independent school. It is intended that there is room for considerable diversity and latitude, within a band of expectations which would be broadly acknowledged by the general community, and is outlined in this document. The Principal, Heads of School and Business Manager reserve the right to make judgements on any areas which may be still unclear, because of the generality of the Code. Staff members should consult the Principal, Heads of School or Business Manager if they have questions about what constitutes appropriate dress.

45 APPENDIX 7 MATERNITY LEAVE Maternity Leave Administrative Document 1

An employee must have continuous service of at least 1 year to qualify for benefits mentioned below.

Continuous service means service as either a full time employee or part time employee but excludes any casual service with a break in continuity of 3 months or more. It will include a combination of full time and part time/casual.

An eligible employee will make application for maternity leave in accordance with the Family Leave Award or in the terms prevailing in Queenslandâ&#x20AC;&#x2122;s Industrial Laws.

An eligible employee upon proceeding on leave shall be paid 6 weeks salary from date of confinement.

Should an employee work lesser hours, then full time the 6 weeks salary shall be paid on a pro rata basis.

The staff members absence on paid maternity leave does count as service or for incremental purposes.

The salary for paid Maternity Leave will be at the same rate of salary that the staff members was on prior to leave.

The staff member shall provide six (6) weeks notice in term time of her intention to return to her employment.

46 APPENDIX 8: 1. 2. 3.

ANTI-BULLYING POLICY SEXUAL HARASSMENT POLICY FORMAL PROCEDURE FOR SETTLING DISPUTES IN RELATION TO HARASSMENT OF STAFF

ANTI-BULLYING POLICY

POLICY STATEMENT Emmanuel College is committed to providing all staff, students and volunteers with a working and learning environment free from harassment of any kind, including bullying, whether physical, verbal or psychological. All staff, students and volunteers are required to honour and support this commitment. Bullying of any kind is unacceptable and will not be tolerated at Emmanuel College. Appropriate disciplinary action will be taken in any proven instance of bullying.

DEFINITION OF BULLYING “BULLYING IS THE DELIBERATE, PERSISTENT PHYSICAL OR MENTAL INTIMIDATION OR HARASSMENT OF A PERSON BY ANOTHER PERSON OR GROUP WITH THE INTENT OF CAUSING HURT, DISCOMFORT AND STRESS.” There are five types of bullying [adapted from Tattum, 1996]: 1 Gesture bullying. This can be embarrassing and hurtful and can be achieved without the victim seeing. 2 Verbal bullying. This includes teasing, taunting, name calling, spreading rumours, sexual or racial comments, threats. 3. Physical bullying. Can be seen as “horseplay” initially, but is used in order to dominate. Includes pushing, punching, hitting, fighting, and assault. 4 Extortion bullying. Extracting money, food etc with the use of threats. 5 Exclusion bullying. This is covert and subtle, and can isolate and destroy normal social interactions, especially as usually done by “friends.” OCCURRENCE Bullying can occur between: § § § §

students staff and students staff members parents and staff

Anyone can be bullied, both boys and girls may be victims and perpetrators. Boys tend to use physical methods of bullying, whereas girls tend to use psychological methods. Often bullying focuses on vulnerable children who are regarded as different. VICTIM RESPONSES Victims of bullying are vulnerable and often anxious and insecure. They will usually have a negative view of themselves and their situation. They need to feel safe, and sure that their difficulties will be treated seriously.

47 Factors that may indicate bullying could include: § § § § § § §

reluctance to attend school poor study/work performance absenteeism due to stress loss of confidence and self esteem unexplained change in behaviour patterns isolation at school from peers academic results which do not reflect ability

STUDENTS: WHAT TO DO IF YOU ARE BULLIED If you believe that you are being bullied you should § §

tell the person who is bullying you that you don’t like it and you want it to stop. talk to your parents, your Home Room teacher, the Year Coordinator, a teacher with whom you feel comfortable or one of the people listed below.

Students who believe that they are being bullied should make it known that the behaviour is unwelcome and offensive. If the bullying continues, or if you are unable or unwilling to handle the matter yourself, you should speak to your Home Room or class teacher who will listen to you and investigate the matter. If you would rather speak to a teacher away from your class, go to one of the people below. § § §

Student Services Director of Student Welfare Head of School

STAFF RESPONSES TO BULLYING §

§ § §

The teacher will listen carefully to what you have to say. They will usually write down what your complaint is and ask you questions about the behaviour that is causing the problem. They will also ask questions about behaviour that may have occurred before this incident to get some background information. Your permission should be sought to take action unless your personal safety is at risk. With your permission, the teacher will interview the alleged perpetrator of the bullying by themselves, and talk about what effect their behaviour is having on you. They will try to find out why this behaviour is occurring. The teacher will then ask to see both the victim and the perpetrator together so that each can express their feelings. The teacher will then try to have both parties propose and agree to solutions to the problem, so the each feels the bullying will cease. The teacher will then make an appointment to speak with you again approximately one week later to reassess the situation.

If, after a teacher initially deals with the problem, the bullying persists either in the same form or a different form, it is essential that you tell the teacher about this as soon as possible. Do not wait for one week before bringing it to someone’s attention.

48 2

SEXUAL HARASSMENT POLICY

Policy Statement Emmanuel College is committed to providing all staff, students and volunteers with a working and learning environment free from harassment of any kind, including sexual harassment. All staff, students and volunteers are required to honour and support this commitment. It is a fundamental expectation in a Christian School that we respect one another fully at every point. Each person is responsible to treat each other with gentleness and sensitivity and love. It is the responsibility of those in authority to see that this occurs, and to defend the weak, the powerless and the timid. The sexual harassment of staff and students is unlawful under the Federal Sex Discrimination Act 1984. This Act explicitly prohibits The sexual harassment of an adult student or potential adult student by staff* or other adult students. ** The sexual harassment of staff by adult students or other staff. At Emmanuel College sexual harassment is unacceptable and will not be tolerated. Appropriate disciplinary action will be taken in any proven instance of sexual harassment. DEFINITION Sexual harassment may be any unwelcome and uninvited comment, attention, contact or behaviour of a sexual nature that an individual or witness finds humiliating, offensive or intimidating. It can be verbal, physical, written or visual. Sexual harassment has nothing to do with mutual attraction or consenting relationships. EXAMPLES OF SEXUAL HARASSMENT (Note: Not all of the following may always be harassment, according to the definition above.) § § § § § § §

The distribution or display of offensive pictures or written material. Repeated unwelcome requests for social outings or dates. Offensive comments about a person’s physical appearance, dress or private life. Jokes, intrusive questioning, messages or telephone calls of a sexual nature. Direct propositioning or subtle pressure for sexual favours Leering, patting, pinching, touching or unnecessary familiarity Indecent exposure, sexual assault or rape.

OCCURRENCE Sexual harassment may occur: § § §

Between students Between staff and students – from a staff member to a student or from a student to a staff member. Between staff.

RESPONSE TO SEXUAL HARASSMENT If you believe you are being sexually harassed you should: § §

tell the person who is harassing you that you don’t like it and you want it to stop, and/or talk to your parents, a teacher you feel comfortable with or one of the people named below.

49 Staff or students who believe they are being sexually harassed should make it known that the comments, attention, contact or behaviour is unwelcome and offensive. If it continues, or if you are unwilling or unable to handle the matter you should talk to: § §

the Principal, or one of the Senior Staff members or a member of the Student Support team

for information, advice or to make a formal complaint. VICTIMISATION A person is victimised if threatened, harassed, harmed or subjected to any form of detriment. In relation to sexual harassment it is against the law to victimise a person who: § § § § § §

Has made a complaint. Intends to make a complaint. Acts as a witness. Intends to act as a witness. Supports a victim. Intends to support a victim.

* Staff may refer to prospective employees, current employees, contract workers, partners, commission agents or other members of the school community. **

Adult student refers to a student 16 years and over.

FORMAL PROCEDURE FOR SETTLING DISPUTES IN RELATION TO HARASSMENT OF STAFF

Definitions Harassment for the purpose of this clause includes, but is not limited to, sexual or verbal harassment, bullying, intimidation, badgering or violence, alleged by one staff member against another staff member or group of staff members. It does not include reasonable instructions, follow up or reminders to staff in regard to any matter within their role as defined in their Position Description or in regard to College Policies. It does not include the implementation of disciplinary procedures or other sanctions against a staff member unless these are shown by due process to be not only wrongfully implemented, but also repetitive. It does not include alleged harassment of a staff member by a student. Staff for the purpose of this clause includes all employees of Emmanuel College, including those on contract positions. Procedures The procedure for dealing with allegations of harassment shall be as follows: 1

In the event of an alleged incident of harassment, the person claiming harassment should attempt to resolve the matter with the other party by informing that person, either verbally or in writing, that the behaviour is unacceptable and should stop immediately. Where a verbal approach is adopted, a diary note should be made recording the attempted resolution.

If no resolution is reached as a result of (1) above, the complainant should report the matter to a member of the College Executive (Heads of School, Business Manager, Principal). The exact nature of the complaint must be agreed in writing as a result of this notification. The other party will be advised that a complaint has been lodged with the College Executive.

The College Executive will appoint a committee to investigate and resolve the matter, within five (5) days of receiving the complaint. The committee will be made up of at least three staff members with at least one person of each gender. The committee will be drawn from the following: Principal, Head of School (JS or SS), Business Manager, Director of Student Welfare (JS or SS), Director of Studies (JS or SS), Chaplain. In the case of a complaint against the Principal, the Board Chairman will be a member of the Committee. Both parties may have a supporter, who may be a Union official, present during any interviews. If a party chooses to bring a supporting person, this intention and the identity of the supporting person must be notified to the other party, 48 hours in advance so that the other party may be able to provide a supporting person of their own choice as well.

The committee will meet to resolve the issue not later than five (5) school days from receipt of the instruction to convene the committee. The committee will conduct such investigations and develop such procedures as to attempt to achieve a complete resolution of the matter. The committee must ensure that the College fulfils its legal obligations in the matter. It must also ensure that follow-up and monitoring procedures are in place following any resolution, or as part of any resolution process. Where recommendations for action are made beyond the two parties directly involved, such recommendations must be made to the College Executive. The committee may also recommend that Performance Review processes are instituted as a result of their investigations. The committee must give a full written report to the College Executive and to both parties.

If, after this process is completed, the matter remains unresolved, the complainant may choose to access legal or industrial procedures, including: a) where the harassment involves acts of discrimination or sexual harassment lodge a complaint under the Queensland Anti-Discrimination Act 1991, or other legislation relating to equality of opportunity, or, b) lodge a complaint under the Workplace Health and Safety Act 1995, or, c) make a complaint to the Police or some other relevant authority, or d) seek such other legal remedy as may be appropriate.

Attachment B I, Terrence Patrick Burke, the deponent, of 346 Turbot Street, Spring Hill, Queensland make oath as follows: 1. I am the General Secretary of Queensland Independent Education Union and I am authorised under the Act and rules to make this affidavit. 2. The agreement, attachment A is not for a new business, a project agreement or a multi-employer agreement. 3. The agreement is made with two employee organisations. 4. The full names and addresses of the employee organisations are – Queensland Independent Education Union 346 Turbot Street, SPRING HILL QLD 4000 The Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Queensland Branch, Union of Employees 3rd Floor, 74 Astor Terrace, SPRING HILL QLD 4000 5. The employer, Emmanuel Education Limited of Birmingham Street, Carrara is in the Education Industry. 6. The names of the designated awards are the: Teachers’ Award - Non-Governmental Schools and Industrial Agreements pertaining to that Award; Childcare Industry Award – State; School Officers’ Award - Non-Governmental Schools Greenkeeping Industry Award – State. 7. The address at which the employees to be covered by the agreement are employed is at 5 above. 8. The number of female employees to be covered by the agreement is 51. 9. The number of male employees to be covered by the agreement is 73. 10. The number of apprentices to be covered by the agreement is 0. 11. The number of trainees to be covered by the agreement is 0. 12. The name and address of the employer to be bound by the agreement is Emmanuel College Limited, Emmanuel Christian College, Birmingham Street, Carrara, Qld, 4211. 13. This is not a project agreement. 14. The persons who negotiated the agreement were: Employee Representatives: Mr John Rossato, QIEU Organiser Jim Kelly, Junior School Pat Schmidt, Junior School Graham Drake, Senior School Diane Gabbe, Senior School Michael Paynter, School Officers

Employer Representatives: Graham Leo, Principal David Bewley, Assistant Principal Moses Faleafa Kerry Hands Rick Hodgson, Head of Junior School

Eunice Franklin, School Officers 15. The average percentage by which the wages of the employees to be covered by the agreement will increase under the agreement compared with wages before the agreement is 3%. 16. The wages of the employees to be covered by the agreement will not decrease. 17. The nominal expiry date of the agreement is 30 June 2004. 18. The steps taken to ensure compliance with section 143 of the Act were that QIEU advised the other proposed parties to the Agreement and that it was our intention to negotiate and Agreement. Negotiations did not commence until at least 14 days after this advice was given. 19. The steps taken to ensure compliance with section 144 were that employees were provided with a copy of the proposed agreement more than 14 days before the ballot and were provided with an explanation regarding the affects of the proposed agreement. The results of the ballot were 59 accepting the ballot, 3 rejecting and 0 informal and 62 non returns. 20. This is not a project Agreement. 21. The employer did not coerce, or attempt to coerce, any relevant employee not to make a request to a relevant employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement. 22. The employer did not coerce, or attempt to coerce, any relevant employee into withdrawing a request made by the employee to a relevant employee organisation for the relevant employee organisation to represent the employee in negotiating the agreement. 23. The procedures for preventing and settling disputes are set out in Clause 3.1 and Appendix 8 24. There is no further information in support of this application. 25. The requirement of s156(1)(1)(i) of the Act is met because the employer remunerates all men and women employees of the employer equally for work of equal or comparable value. 26. The agreement, to the best of my knowledge and belief, passes the â&#x20AC;&#x2DC;no disadvantage testâ&#x20AC;&#x2122; under chapter 6, part 1, division 3 of the Act. I swear that the facts set out above are true.

Terrence Patrick Burke Deponent

SWORN by the deponent at 346 Turbot Street, Spring Hill on

day of May 2003 before me