THE ESSINGTON SCHOOL DARWIN LTD
ENTERPRISE AGREEMENT 2003
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INDEX Part 1 – Application and Operation of Agreement
Page
Title ................................................................................................................................................ 3 Date of Effect, Duration And Re-Negotiation Of Agreement ......................................................... 3 Parties to the Agreement............................................................................................................... 3 Parent Awards ............................................................................................................................... 3 Definitions ..................................................................................................................................... 3 No Extra Claims............................................................................................................................. 4 Savings Clause.............................................................................................................................. 4 Part 2 – Principles and Objects of Agreement School Ethos ................................................................................................................................. 4 Objects of Agreement.................................................................................................................... 4 Anti discrimination ......................................................................................................................... 4 Part 3 – General Conditions of Employment for all Staff Rates of Pay .................................................................................................................................. 5 Wage Increases............................................................................................................................. 5 Superannuation ............................................................................................................................. 6 Salary Sacrifice.............................................................................................................................. 6 Sleepover Allowance ..................................................................................................................... 6 Staff Appraisal ............................................................................................................................... 6 Professional Development............................................................................................................. 6 Reimbursement of Study Fees ...................................................................................................... 7 First Aid Training ........................................................................................................................... 7 Annual Leave................................................................................................................................. 7 Parental Leave Basic Entitlement ......................................................................................... 7 Maternity Leave............................................................................................ 8 Paternity Leave ............................................................................................ 8 Adoption Leave ............................................................................................ 8 Leave Without Pay ...................................................................................................................... 10 Deferred Salary Scheme ............................................................................................................. 10 Statement of Service ................................................................................................................... 10 Part 4 – Conditions Specific to Teaching Staff Patterns of Organisation and Teaching....................................................................................... 10 Temporary Teachers ................................................................................................................... 11 Workload Provisions.................................................................................................................... 11 Advanced Skills Teacher ............................................................................................................. 12 Part 5 – Conditions Specific to School Officers Flexibility of Working Hours ......................................................................................................... 12 Work Breaks ................................................................................................................................ 12 Part 6 – Consultation and Dispute Procedures Staff Relationships....................................................................................................................... 12 Staff Participation in Decision Making ......................................................................................... 12 Consultative Arrangements ......................................................................................................... 13 Grievance and Dispute Settlement Procedures .......................................................................... 13 Recognition of Union Involvement............................................................................................... 14 Access to Union Training............................................................................................................. 14 Attachments Rates of Pay ................................................................................................................................ 15 School Officer Classification Structure ........................................................................................ 19 Deferred Salary Scheme ............................................................................................................. 20
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PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1
TITLE
This Agreement will be known as The Essington School Darwin Limited (ACN 082 486 904) Enterprise Agreement 2003. 2
DATE OF EFFECT, DURATION AND RE-NEGOTIATION OF AGREEMENT
2.1 This Enterprise Agreement will come into effect from the first pay period commencing on or after certification by the Australian Industrial Relations Commission and shall remain in force until 25 January 2006. 2.2 The parties agree to meet no later than the 15th April 2005 to commence discussions toward the next Enterprise Agreement. 3
PARTIES TO THE AGREEMENT
The parties to this Agreement shall be: 3.1 The Essington School Darwin Ltd (ACN 082 486 904), its employees in the classifications detailed in Attachment 1, and the Essington School Parents and Friends Association Inc.; and 3.2
The Northern Territory Branch of the Independent Education Union of Australia (IEU NT).
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PARENT AWARDS
4.1 Except as provided by this Agreement the conditions of employment of The Essington School Darwin employees will be in accordance with the following awards as of the date of certification: • Independent Schools (Northern Territory) Award 2002; • Miscellaneous Workers' Award (Northern Territory) 2001; • Child Care Industry (Northern Territory) Award 2003 • Retail Wholesale and Distributive Workers (Northern Territory) Award 2000
4.2 The Agreement will take precedence over the Award only where necessary to give effect to the Agreement's specific terms.
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DEFINITIONS
5.1 "School" means The Essington School Darwin Limited (ACN 082 486 904) which is the employer. 5.2
"Act" means the Workplace Relations Act 1996, as amended from time to time.
5.3
"COMMISSION" means the AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
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NO EXTRA CLAIMS
6.1 The parties agree that it is a term of this agreement that the unions and employees will not make or pursue any extra claims for improvements in wages or other terms and conditions of employment until the designated negotiating period. 7
SAVINGS CLAUSE
7.1
It is agreed that no current employee will suffer a loss of ordinary time, income or conditions due to the introduction of this agreement.
PART 2 – PRINCIPLES AND OBJECTS OF AGREEMENT 8
SCHOOL ETHOS
8.1 It is agreed that all staff accept a responsibility to understand, develop and promote the vision statement of the School and the aims and objectives and the ethos that derives from those statements.
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OBJECTS OF THE AGREEMENT
In reaching this Agreement, the parties have recognised: 9.1 there is a mutual responsibility to protect, develop and enhance the quality of education offered at the School and the public perception of the educational program; 9.2 there is a need to maintain a working environment in which education can be provided in harmony with the School's aims, objectives and philosophy; 9.3
that this agreement will assist the promotion and delivery of high quality education
9.4 that the School along with other educational institutions, is expected to achieve more with the same level of resources therefore necessitating improvements in productivity and efficiency; 9.5
that an emphasis on staff welfare will promote care and concern for the well being of all staff;
9.6 that improvement in efficiency is often of a qualitative rather than a quantitative kind and this type of productivity can warrant salary increases; 9.7 that the parent owned and controlled nature of the School provides a unique opportunity for decision making by staff and parents in partnership, as well as the parents' involvement in its operations to the benefit of the children, the staff and the parents. 9.8 that the School is committed to the Round Square Program and the proposed National Standards of Accreditation for Out of School Care Programs.
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ANTI-DISCRIMINATION
10.1 It is the intention of the parties to this Agreement to achieve the principal object in section 3 (j) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual
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preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political, opinion, national, extraction or social origin. 10.2 Accordingly, in fulfilling their obligations under clause 42, Grievance and Disputes Settlement Procedures, the parties will make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 10.3 Nothing in this clause is to be taken to affect: 10.3.1 any different treatment (or treatment having different effects) which is specifically exempted under Commonwealth or Northern Territory anti-discrimination legislation; 10.3.2 an employee, the School or a registered organisation, pursuing matters of discrimination in the Northern Territory or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; 10.3.3 the exemptions in ss.170CK (3) [inherent requirements of the position] and (4) [offending adherence of a particular organisational religion or creed] of the Act.
PART 3 – GENERAL CONDITIONS OF EMPLOYMENT FOR ALL STAFF 11
RATES OF PAY
11.1 The School will increase rates of pay for all staff covered by this agreement in accordance with Attachment 1 which incorporates: 11.1.1
An increase of 3% already paid to all staff as of 14 February 2003.
11.1.2
An increase of 5.8% already paid to all staff as of 4 July 2003.
11.1.3 An increase of 4% for all staff to take effect from the first pay period commencing on or after the first day of School in 2004. 11.1.4 4% for all staff to take effect from the first pay period commencing on or after the first day of School in 2005 11.2 The School undertakes to review salaries if there are movements in the salaries paid to teachers employed by the Northern Territory Government. 11.3 The salaries shown in Attachment 1 are inclusive of any salary sacrifice arrangement entered into between an individual staff member and the School. 11.4 Salaries will be paid on a fortnightly basis throughout the year. 11.5 The previous ES scale for Teaching staff will be renamed the T Scale to align the naming with the Northern Territory Government teaching scale. Transfer to this scale is detailed in Attachment 1. 12
WAGE INCREASES
12.1 The parties to this agreement recognise that in the past and for the duration of this agreement, the school has paid the same salary increases to all staff irrespective of classification. The parties also recognise that this practice may not be sustainable in future agreements due to changing market forces.
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SUPERANNUATION
13.1 The School shall offer a limited number of superannuation funds to the employee, with the proviso that at least one of those choices shall be a low fee industry fund. 13.2 The School shall retain the right to reject funds that are administratively or financially difficult to service. 14
SALARY SACRIFICE
14.1 Any staff member may elect to salary sacrifice payment for all items recognised by the Australian Taxation Office as ‘Fringe Benefit Tax exempt items’, in accordance with the administrative arrangements determined by the School from time to time. 15
SLEEPOVER ALLOWANCE
15.1 An allowance for $50 per night will be paid to any staff member required to sleepover in an official capacity eg camps, with the prior approval of the Principal. 16
STAFF APPRAISAL
16.1 The parties recognise that a Personnel Performance Planning Appraisal Policy is in place at the School. 17
PROFESSIONAL DEVELOPMENT
17.1 The parties recognise that professional development is a shared responsibility with regard to both time and resources and that teachers and other staff members, as professionals, have an ongoing need to participate in professional development. Among other issues, requirements on teachers and other staff members for professional development arise from: 17.1.1 changes to curriculum; 17.1.2 broad community expectations of the School; 17.1.3 School policy initiatives; and 17.1.4 Government requirements. 17.1.5 The parties accept that some professional development occurs outside of School hours and during pupil vacation periods. It would be expected that staff attend such courses as appropriate on a voluntary basis. 17.1.6 It is accepted that generally staff will be available for work or work related activities during stand-down time. 17.2 The use of stand-down periods for professional development will equate to no more than three days per calendar year. One of these days will be the final Friday of the December/January holiday period. Twenty weeks written notice identifying the remaining two recall days will be provided to staff. 17.3 Where such notice is not able to be given, the School will give due consideration to the personal arrangements of staff. Staff will give due consideration to the limited opportunities available in Darwin for the School to procure professional training for its staff. In the spirit of goodwill, and with due consideration to prior personal arrangements, staff will make every effort to attend such courses as they are available.
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17.4 An additional two days for whole of school professional development shall be provided for all staff utilising the first day of each semester. 18
REIMBURSEMENT OF STUDY FEES
18.1 Any staff member, after twelve months of service, may apply for reimbursement of HECS fees or other fees related to courses of study incurred by staff who successfully complete courses of study which have had prior approval from the Principal. This approval will be in accordance with the guidelines set by the School provided that the School will not be liable to reimburse for fees in excess of $1000 or fees for two units of study or the equivalent thereof (whichever is the lesser) per staff member per calendar year. 18.2 A staff member who wishes to apply for reimbursement of fees will apply to the Principal in writing. The staff need to recognise that due to limited resources the Principal may not be able to grant approval for reimbursement of all courses. 19
FIRST AID TRAINING
19.1 All staff are encouraged to maintain a current Senior First Aid certificate. The School will pay fees for the 3 day course, and staff will attend in their own time, or during stand down in addition to professional development specified at clause 17.2. 20
ANNUAL LEAVE
20.1 All employees of the School will be entitled to six weeks annual leave. 21. PARENTAL LEAVE 21.1 Definitions 21.1.1 For the purpose of this clause "child" means a child of the employee under the age of one year except for adoption of a child where "child" means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more. 21.2 Basic Entitlement 21.2.1 After twelve months continuous service, parental leave is available to both female (maternity leave) and male (paternity leave) employees upon the birth of their child, or to adoptive parents (adoption leave). 21.2.2 Parental leave is to be available to only one parent at any point in time except both parents may access the leave in the following circumstances: 21.2.2.1 for maternity and paternity for one week at the time of the birth of the child, or 21.2.2.2 for adoption leave, three weeks at the time of placement of the child. 21.2.3 Parental leave is not available to casual employees. 21.3 Maternity Leave 21.3.1 An employee with at least twelve months continuous service will be entitled to twelve weeks paid maternity leave, and up to 92 weeks unpaid maternity leave.
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21.3.2 Salary payments will continue to be made on a fortnightly basis. 21.3.3 The employee will notify the School at least 10 weeks in advance of the date of commencement of maternity leave and the period of leave to be taken. Return from maternity leave must coincide with the commencement of a new School term. 21.3.4 The School may require the employee to provide a medical certificate stating that the employee is pregnant and the expected date of birth. 21.3.5 Subject to sub clause 21.3.1 and unless agreed otherwise between the School and employee, an employee may commence maternity leave at any time within six weeks immediately prior to the expected date of birth. 21.3.6 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the School may require the employee to provide a medical certificate stating that she is fit to work on her normal duties. 21.3.7 Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave except that where an employee is suffering from an illness not related to the direct consequences of the birth, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave. 21.3.8 The School may require the employee to provide appropriate medical certification when applying for leave under clause 21.3.5. 21.3.9 Where leave is granted under sub clause 21.3.5, during the period of leave an employee may return to work at any time, as agreed between the School and the employer provided that time does not exceed 4 weeks from the recommencement date desired by the employee. 21.3.10 Where an employee has not yet commenced maternity leave, but suffers from an illness related to the pregnancy the employee may be granted paid sick leave to which she is entitled and further unpaid leave. 21.4 Paternity Leave 21.4.1 An employee with at least twelve months continuous service will be entitled to up to 104 weeks unpaid paternity leave. 21.4.2 An employee will notify the School at least ten weeks in advance of the date of commencement of paternity leave and the period of leave to be taken. Return from paternity leave must coincide with the commencement of a new School term. 21.4.3 The School may require the employee to provide appropriate certification of the birth of the child, that the leave sought is for parenting purposes and that the leave, other than the week provided in 21.2.2.1, is not being taken in conjunction with any parental leave taken by their spouse. 21.5 Adoption Leave 21.5.1 An employee with at least twelve months continuous service will be entitled to up to 104 weeks unpaid adoption leave. 21.5.2 The employee will notify the School at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. Return from adoption leave must coincide with the commencement of a new School term.
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21.5.3 The School may require the employee to provide appropriate certification that the leave sought is for parenting purposes and that the leave, other than the three weeks provided in 21.2.2.2, is not being taken in conjunction with any parental leave taken by their spouse. 21.6 Variation of Period of Parental Leave Unless agreed otherwise between the School and employee, an employee may apply to the School to change the period of parental leave on one occasion with any such change to be notified at least 4 weeks prior to the commencement of the changed arrangements. 21.7 Parental Leave and Other Entitlements An employee may in lieu of or in conjunction with paternity or adoption leave (but excluding maternity leave), access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 104 weeks. 21.8 Transfer to A Safe Job 21.8.1 Where an employee is pregnant and in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the School deems it practicable, be transferred to a safe job until the commencement of maternity leave. 21.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the School may require, the employee to commence maternity leave. 21.9 Effect of Parental Leave on Employment 21.9.1 Parental leave will not break the continuity of service of an employee but will not be taken into account in calculating the period of service for any purpose of any relevant award or agreement. 21.9.2 An employee on parental leave may terminate their employment at any time during the period of leave by notice given in accordance with this award. 21.9.3 The School will not terminate the employment of an employee on the ground of pregnancy or absence on parental leave. 21.10 Returning to Work After a Period of Parental Leave 21.10.1 An employee will notify the School of their intention to return to work after a period of parental leave at least four weeks prior to the end of the School term before the School term in which they intend to return to work. 21.10.2 All employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to sub clause 21.8, the employee will be entitled to return to the position they held immediately before such transfer. 21.10.3 Where such a position no longer exists but there are other positions available which the employee is qualified for and is capable of performing they will be entitled to a position as nearly comparable in status and pay to that of their former position. 21.11 Replacement Employees 21.11.1 A replacement employee is an employee, specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
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21.11.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced. 21.12 Long Service/Sick Leave in Conjunction with Parental Leave 21.12.1 A member of staff with at least twelve months service may apply for advance payment of prorata long service leave at the commencement of paternity or adoption leave, but not in conjunction with maternity leave. The advance payment will be limited to the amount of leave notionally approved at the time of commencement of parental leave, or 4 weeks, whichever is the lesser. The equivalent period of leave for which advance payment is taken will be offset against any subsequent acquittal of long service leave entitlement. 21.12.2 Any staff member with at least twelve months service may elect to take payment in lieu of accrued sick leave entitlement at the commencement of parental leave provided that the payment in lieu does not reduce the accrued sick leave credit below a total of 20 days. 21.12.3 Where a staff member desires to be paid some or all of the long service leave and/or sick leave entitlement in conjunction with parental leave, the staff member will give not less than four weeks notice in writing prior to the commencement of parental leave of her intention to claim paid leave. 22
LEAVE WITHOUT PAY
22.1 Leave without pay not exceeding a total of five working days annually may be granted at the discretion of the Principal. 22.2 Normally, the maximum Leave without pay will be 12 months. 22.3 Leave without pay exceeding five working days annually will not be counted towards accrued service. 23
DEFERRED SALARY SCHEME
23.1 Employees may apply for inclusion in a Deferred Salary Scheme. This scheme will defer a set percentage of salary over a period of four years to allow a fifth year on leave at the same percentage set rate. Acceptance into the deferred salary scheme is at the discretion of the Principal. Refer to Attachment 3 for details. 24
STATEMENT OF SERVICE
24.1 Upon the termination of service of a staff member (other than a casual teacher), the Employer upon written request shall provide a statement of service. 24.2 Upon request, a casual teacher shall be supplied with a statement setting out the number of days of duty by the casual teacher during the period of the engagement provided such request is made during or on termination of the casual engagement.
PART 4 – CONDITIONS SPECIFIC TO TEACHING STAFF 25
PATTERNS OF ORGANISATION AND TEACHING
25.1 The parties are committed to the principle of flexibility in the patterns of organisation and teaching to meet changing curriculum requirements and students needs, with due regard for the appropriate teaching load assigned to individual Teachers. Where change to existing custom and
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practice is sought, the Principal will consult with staff to ensure that students have maximum opportunities to participate in emerging curriculum initiatives. 25.2 The Parties recognise that: 25.2.1 support for the increasing enrolment of the School to an optimum number of students, will assist in achieving a fully economic teaching operation; and 25.2.2 reduction in the disruption to the normal School academic program will improve learning outcomes for all students. 25.3 The School operates a Montessori preschool. The rest of the School is influenced by the Montessori philosophy and multilevel methodology of education. All staff are expected to develop an understanding of these approaches. 25.4 From time to time, the School will decide upon a focus for the whole School and teaching staff are encouraged to develop their own expertise in the area of focus. The School will support such development and may elect to pay an additional allowance to staff who have additional competencies or qualifications which are utilised in that area of focus. 26
TEMPORARY TEACHERS
26.1 To provide the Principal with some flexibility in staffing there may be a need to use short-term contract positions. The definition used for these contract teachers will be 'Temporary Teacher'. Conditions applying to this classification will be as follows: 26.1.1 'Temporary Teacher' means a teacher employed to work full time or part time for a specified period `which is not more than a full year but not less than four School weeks. 26.1.2 The parties recognise that a temporary teacher may be appointed to a series of other temporary positions within the School following the cessation of a prior temporary appointment. 26.1.3 The use of short term contract positions will not be used as an alternative to employing full time staff. 26.1.4 No Temporary Teacher will be paid at casual rates. The current salary and other leave conditions will prevail.
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WORKLOAD PROVISIONS
27.1 Scheduled Face to Face Teaching 27.1.1 Scheduled face to face teaching is defined as: 27.1.1.1 All scheduled classes allocated to the teacher 27.1.1.2 Any sport/activities sessions allocated to the teacher which are scheduled during normal class time 27.1.1.3 Any timetabled home room duties, school and year assemblies which exceed 60 minutes per week (or its equivalent per cycle). 27.1.2 In secondary classes, scheduled face to face teaching shall not normally exceed 21 hours per week (or its equivalent cycle)
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27.1.3 In primary classes, scheduled face to face teaching shall not normally exceed 25.5 hours per week (excluding 2 hours release time).) 27.1.4 Part-time teaching staff shall be allocated face to face teaching time prorata to their FTE.
27.1.5 The limits contained in 35.1.2 and 35.1.3 may be exceeded for individual teachers subject to discussions with that teacher and a reduction in load to some other aspect of that teacher’s duties. 28
ADVANCED SKILLS TEACHER
28.1 The parties recognise the value of an Advanced Skilled Teacher Scheme. An appropriate structure will be determined during the term of this Agreement and will be implemented thereafter.
PART 5 – CONDITIONS SPECIFIC TO SCHOOL OFFICERS 29
FLEXIBILITY OF WORKING HOURS
29.1 The parties to this agreement have recognised that flexibility of working hours for all School Officers (as defined in Attachment 3) is encouraged to cope with peaks in workload. Such flexibility will include varying starting and finishing times and may include working longer hours at peak periods and the staff receiving time off in lieu. 30
WORK BREAKS
30.1 School Officers are required to take a 30 minute lunch break each day. 30.2 School Officers are encouraged to take their lunch break away from their immediate work space. 30.3 The timing of the break shall be established in consultation between the employee and the Principal.
PART 6 31
CONSULTATION AND DISPUTE PROCEDURES
STAFF RELATIONSHIPS
31.1 The parties recognise that each has a responsibility to promote staff unity and good relations between the staff. The School acknowledges the need to be supportive of initiatives by staff to foster good staff relations and good relations between staff and other members of the School community.
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STAFF PARTICIPATION IN DECISION MAKING
32.1 The spirit of the Agreement reflects a model of workplace change based on consultation, cooperation and negotiation. All staff are encouraged to participate in the various committees and working groups that have been set up by management and to provide input for consideration by the appropriate committees and working groups.
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CONSULTATIVE ARRANGEMENTS
33.1 There will be established a Consultative Committee with reasonable representation of management and staff from each area of the School. 33.2 The Committee will provide a forum in which to: 33.2.1 discuss those matters for further consideration during the life of the agreement and where possible reach agreement, and 33.2.2 discuss any other matters brought to the Committee provided they relate directly to general conditions of employment of staff. 34
GRIEVANCE AND DISPUTES SETTLEMENT PROCEDURES
34.1 In relation to any matter that may be in dispute between the parties to this Agreement, the parties: 34.1.1 will attempt to resolve the matter at the workplace level by measures based on consultation, cooperation and negotiation, including but not limited to: 34.1.2 the employee and their supervisor meeting and conferring on the matter; and 34.1.3 if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and 34.1.4 acknowledge the right of either party to appoint, in writing, another person or the Union to act with, or on behalf of, the party in relation to resolving the matter at the workplace level; and 34.1.5 agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and 34.1.6 agree that if either party refers the matter to mediation, the mediator(s) will be selected by mutual agreement and both parties will participate in the mediation process in good faith; and 34.1.7 acknowledge the right of either party to appoint, in writing, another person or the Union to act on behalf of the party in relation to the mediation process; and 34.1.8 agree that during the time when parties attempt to resolve the matter: 34.1.8.1 the parties continue to work in accordance with their contract of employment, the Award, this Agreement and custom and practice at the School unless the employee has a reasonable concern about an imminent risk to their health or safety; and 34.1.8.2 to relevant provisions of any Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the School to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform. 34.2 The parties must cooperate to ensure that the grievance settlement procedures are carried out as quickly as is reasonably possible; and agree not to commence an action:
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34.2.1
to obtain a penalty under the Workplace Relations Act; or
34.2.2
to obtain damages for breaches of the Agreement; or
34.2.3
to enforce a provision of the Agreement; unless:
34.2.3.1
the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and
34.2.3.2
either a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested or the mediation was requested by either party and that mediation has been completed.
34.3 If the dispute remains unsettled by the foregoing procedures, the matter may be referred to the Australian Industrial Relations Commission for conciliation and then arbitration if necessary. 34.4 Notwithstanding the above, any matter relating to an employee's performance of their duties will be handled in accordance with the relevant School policy and procedure.
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RECOGNITION OF UNION INVOLVEMENT
35.1 Role of Delegate 35.1.1 An employee appointed job delegate in the centre in which they are employed will upon notification thereof to the employer, be recognised as the accredited representative of the Union. An accredited job delegate will be allowed the necessary time during working hours to interview the employer or the employees whom they must represent. 35.1.2 Subject to the prior approval of the employer, an accredited job delegate will be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited union official on legitimate union business.
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ACCESS TO UNION TRAINING
36.1 Union Training for union delegates to a maximum of three days per annum will be approved through the normal professional development process.
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ATTACHMENT 1
Previous ES level
RATES OF PAY
T Level
Current Salary (from 5 July 2003)
Term 1 2004
Term 1 2005
$
$
$
ES1
T22
37 000
38 480
40 019
ES2
T33
39 569
41 152
42 798
ES3
T44
42 339
44 033
45 794
ES4
T5
45 303
47 115
49 000
ES5
T6
48 473
50 412
52 428
ES6
T7
51 867
53 942
56 100
ES7
T8
55 497
57 717
60 026
ES8
T9
59 382
61 757
64 227
ES9
T105
62 188
64 676
67 263
1
Progression from T2 to T9 is by annual increment
2
3 year trained teacher commences at T3
3
4 year trained teacher commences at T4
4
5 year trained teacher commences at T5
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Progression from T9 to T10 is subject to achieving Level 3 T Advancement. Teachers on T9 can begin to accumulate Level 3 points for progression from T9 to T10. 1.1 A three year trained teacher (Diploma of Teaching) who subsequently becomes four year trained (Bachelor of Teaching) will be advanced to the 4 year trained teacher rate, recognising previous years of experience. 1.2 T Advancement Allowance A T Advancement Allowance of one increment each for Level 1 and Level 2 is payable to teachers who achieve the required points at each level, according to the agreed points scale and the approval procedures determined by the School. Category
Level 1
Level 2
Level 3
Tertiary Study/Inservice
40
30
30
Extra-Curricular Activities
40
30
30
School-based Curriculum
20
20
30
Professional Associations
10
10
20
School Committee Involvement
10
10
Professional Development for Colleagues
20
40
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There are 20 floating points that can be allocated by the applicant to other areas, subject to prior approval by the Principal. 1.3 Individual Contracts 1.3.1 The Principal and persons in positions that report direct to the Principal may choose to enter into individual contracts of employment, the terms of which, will take precedence over the terms of this Agreement and the Independent Schools (Northern Territory) Award 2002. 1.3.2 The terms of an individual agreement will not disadvantage the employee in terms of the Agreement or the Independent Schools (Northern Territory) Award 2002 taken as a whole. 1.3.3 The terms of an individual agreement must be placed in writing and signed by the employee and the School under seal. 2. SCHOOL OFFICERS Classification
Year on level
Salary Term 1 2004
Salary Term 1 2005
School Officer Level 1
1st 2nd 3rd 4th 5th
30 613 31 380 32 145 32 911 33 675
31 838 32 635 33 431 34 228 35 022
School Officer Level 2
1st 2nd 3rd 4th 5th
34 452 35 209 35 972 36 738 37 502
35 830 36 617 37 411 38 208 39 002
School Officer Level 3
1st 2nd 3rd 4th 5th
38 268 39 030 39 801 40 567 41 330
39 799 40 591 41 393 42 190 42 983
School Officer Level 4
1st 2nd 3rd 4th 5th
42 096 42 863 43 625 44 388 45 154
43 780 44 578 45 370 46 164 46 960
NOTE: An additional 28% loading is paid to casual staff. 2.1 Administration Staff and Library Technicians The above rates are inclusive of attendance for duty during "stand down" time, between school terms. Persons working in these positions will be required to attend for duty during "stand down" time unless other arrangements are approved by the Principal. 2.2 Pre-school Assistants Pre-school Assistants are not required to attend for duty during "stand down" time. Their rate of pay will be amortised over the full year at 92% of the rates of pay in the above schedule.
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3. PART-TIME INSTRUCTORS – CASUAL RATES Level
(Present rate) Casual Hourly Rate Term 1 2004
Level 1 Level 2 Level 3 Level 4
Casual Hourly -Rate Term 1 2005
19.03 26.22 34.47 44.90
19.79 27.27 35.85 46.70
4. MISCELLANEOUS WORKERS Classification
Salary Term 1 2004
Salary Term 1 2005
Trainee Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7
26 089 27 337 29 006 30 575 32 909 34 504 36 058 37 619
27 133 28 430 30 166 31 798 34 225 35 884 37 500 39 124
Note: A loading of 20% is paid to casual staff.
5. CANTEEN WORKERS –CASUAL RATES Classification
Hourly Rate Term 1 2004
Hourly Rate Term 1 2005
Canteen Assistant Canteen Manager
18.76 20.25
19.51 21.06
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6. CHILD CARE WORKERS – CASUAL RATES Level
Child Care Worker Level 1
Child Care Worker Level 2
Child Care Worker Level 3
Child Care Worker Level 4
Child Care Worker Level 5
Director Level 1
Director Level 2
NOTE:
Includes 20% casual loading.
Year on Level
Casual Hourly Rate Term 1 2004
Casual Hourly Rate Term 1 2005
1st
17.15
17.84
2nd
17.62
18.32
3rd
18.10
18.82
1st
18.17
18.90
2nd
18.58
19.32
3rd
19.10
19.86
1st
20.68
21.51
2nd
21.00
21.84
3rd
21.43
22.29
1st
22.97
23.89
2nd
23.32
24.25
3rd
23.77
24.72
1st
23.20
24.13
2nd
23.68
24.63
1st
28.46
29.60
2nd
28.95
30.11
3rd
29.40
30.58
1st
30.77
32.00
2nd
31.26
32.51
3rd
31.70
32.97
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ATTACHMENT 2
SCHOOL OFFICER CLASSIFICATION STRUCTURE
School Officer Definition: "School Officer" will mean any person employed as non-teaching staff who in various ways contribute to the School's educational program, including the provision of clerical and administrative support. School officers may assist teachers either directly or indirectly in the teaching process both within and beyond the confines of the classroom/School, but will not be deployed instead of a teacher to supervise students except for a limited time or under the coordination of a member of the teaching staff. SCHOOL OFFICER 1 An officer at this level will, under direction and supervision, perform routine support tasks such as student skills practice, resource preparation, resource procurement, assets Processing, switchboard operation, keyboarding, bookkeeping procedures and operation of microcomputers and a range of office machinery. Level 1 positions may bear titles such as, but not be limited to, Preschool/Classroom, Assistant, Special Education Assistant, Library Assistant, Receptionist, Clerical Assistant and Word Processor Operator. SCHOOL OFFICER 2 An officer at this level performs tasks similar to an officer at Level 1, but by virtue of their experience in a School or the nature of the tasks performed, are expected to exercise independent initiative and judgement. The officer at this level may be required to receive instruction for more complex tasks or tasks requiring specialised knowledge. Officers at this level will be expected to consult with the Principal, Assistant Principal or Teacher to determine work priorities. Level 2 positions may bear titles such as, but not be limited to, Preschool/Classroom Assistant, Special Education Assistant, Library Assistant, Physical Education Officer and Receptionist. SCHOOL OFFICER 3 An officer at this level will be characterised by a high degree of autonomy in priority setting and in method of approach to task completion. The work may involve a coordinating role under the general direction of the Principal or the senior staff. Such a person is regularly required to exercise independent initiative and judgement and is responsible for maintaining the quality of their own work and possibly work of others. Level 3 positions may bear titles such as School Secretary, Special Education Coordinator and with the possession of tertiary qualifications, Laboratory Assistant or Library Technician. SCHOOL OFFICER LEVEL 4 An officer at this level would possess a knowledge of workplace procedures and of the practices required by the employer, including a detailed knowledge of complex procedures relevant to the position. The officer will perform managerial functions involving supervision of other School officers, janitors, building and ground maintenance. The officer will exercise responsibility for the maintenance of accurate records of financial transactions and the monitoring of cash flow. Level 4 positions may bear titles such as Financial Secretary and any other para professional staff employed to meet the School's needs.
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ATTACHMENT 3
DEFERRED SALARY SCHEME
A deferred salary scheme will be available to staff at the School. The deferred salary scheme will allow staff to defer 20% of their salary in each of four consecutive years. This deferred salary component over four years will be invested in a trust account set up by the School specifically to service the deferred salary scheme. In the fifth year of service, following four consecutive years of involvement in the deferred salary scheme, the staff member will be allowed to take a full year of leave. Remuneration during the period of leave will be from the deferred salary which has accrued in the trust account. Staff undertaking involvement in the deferred salary scheme will be advised prior to commencement of the effects that the deferred salary scheme will have on leave entitlements, superannuation and taxation commitments. The Principal reserves the right to accept a staff member into the deferred salary scheme as appropriate to the needs of the School at any particular time.
Full details of this scheme follow: 1. Eligibility 1.1 Staff who have been permanently employed with the School for a minimum of two (2) years are eligible to apply. 1.2 Approval of applications will be determined by the employer based on the needs and requirements of the School. 2. Period of Leave 2.1 The period of leave will be twelve (12) months from 1st January to 31st December. 2.2 Participants will not be able to return to a position at the School during the twelve (12) month leave period. 2.3 Should alternative employment be sought during the year of leave, the employee is to advise the employer. 2.2
The year of leave, the fifth year, will be taken in accordance with the conditions described in clause 24 Part C of the Independent Schools (NT) Award 1990 for Leave Without Pay.
3. Payment of Salary 3.1 During the four year accrual period participants in the scheme receive 80% of their normal fortnightly salary and will thus be taxed at this reduced rate of pay. Normal salary is defined as a normal fortnightly salary plus any associated allowances. In the fifth year, when leave is taken, the participants will receive the money contributed over the four year period. This amount can be paid fortnightly; in one lump sum; or two payments, one in each of the financial years. 3.2 The participants will be taxed only on the amount actually received, in this case approximately 80% of the normal salary (including allowances). This is a significant taxation incentive for participants. It is recommended that, prior to entering into this scheme, prospective participants discuss taxation implications and other related issues with their accountant or financial adviser. It should be noted that interest is not paid on amounts accumulated during the accrual period. A taxation ruling prohibits such payments on the basis that people taking advantage of a taxation incentive cannot derive interest on those funds. Interest accrued will be utilised to offset the administrative costs of the fund.
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4. Suspension of Contributions 4.1 Participation in the scheme will be suspended during any period of unpaid leave. Any period of unpaid leave will reduce payments into the fund and therefore proportionately reduce the accrued payment in the year of leave. 4.2 A participant may elect to suspend contributions for a period of less than twelve (12) months once during the accrual period. This will also reduce the accrued payment in the year of leave. 4.3 The employer retains the discretionary authority to approve suspension for a period of twelve (12) months at the request of the employee. Such a suspension will extend the taking of the year of leave by one (1) year. 5. Withdrawal 5.1 The participant may withdraw from the scheme at any time by notifying the employer in writing. It should be noted that only the exact money paid into the scheme will be paid in a lump sum on withdrawal and no interest will be paid on this amount. 5.2 The participant who withdraws from the scheme will be taxed on the lump sum payment and any other salary received during that financial year. Significant taxation implications may, therefore, apply. 6. Long Service Leave, Sick Leave and Increment Entitlements 6.1 A participant in the scheme will accrue the above entitlements at 100% of the normal accrual rate over the first four years only. The fifth year, the year of leave, is a non accrual period. 6.2 If a participant becomes eligible for long service leave during the fourth year of the deferred salary scheme, the long service leave entitlement will further be deferred and taken in the fifth year of the scheme or at a time agreed between the employer and employee. 7. Workers Compensation 7.1 Participants in the scheme are covered by workers' compensation during the first four (4) years of the scheme at 100% of their normal salary. A participant in receipt of workers' compensation during the first four (4) years may elect to continue in the deferred salary scheme or suspend their contributions until their return to full duties. 7.2 Any period Of Suspension due to workers' compensation will be undertaken in accordance with clause 4 of this schedule. 7.3 During the fifth year, the year of leave, the participant is not covered by workers' compensation. 8. Superannuation Contributions are based on 100% of the employee's normal salary over the first four years only. 9. Fund Management The scheme will be managed by the Payroll Officer. Participants will receive a statement at the end of each School year showing the amount accumulated in the scheme. 10. Application Applications are to be forwarded to the Principal or nominee by the close of business 31st August of the year prior to the year of commencement. The Principal or nominee will endeavour to notify the staff member of the outcome of their application by 31st October of the same year.
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MEMORANDUM OF UNDERSTANDING The Essington School Darwin Ltd and its employees hereby agree to be bound by all the terms and conditions of the foregoing: The Essington School Darwin Ltd (ACN 082 486 904) Enterprise Agreement 2003.
SIGNATORIES
Signed on Behalf of: The Essington School Darwin Ltd
Date: ………………………………………………..
John McLaren Chairperson
Signed: ……………………………………………
Signed on Behalf of: The Essington School Darwin Ltd
Date: ………………………………………………..
David Cannon Principal
Signed: ……………………………………………
Signed on Behalf of: The Essington School Ltd Employees
Date: ………………………………………………..
Cheryl Salter Teacher
Signed: ……………………………………………
Signed on Behalf of: The Essington School Ltd Employees
Date: ………………………………………………..
Glenda Woodger School Officer
Signed: ……………………………………………
Signed on Behalf of: Independent Education Union NT.
Date: …………………………………………………..
John Gaulke
Signed: ……………………………………………
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